On this date in 1803, Joseph Samuel just wouldn’t hang.
The band was surprised by constable Joseph Luker, himself a former convict. One or more of the thieves battered him to death on the spot with whatever was at hand: recovered with Luker’s broken body at morning’s light were a bloodied wheelbarrow wheel, and the hilt of Luker’s own cutlass, buried in his brains. Luker was the first policeman killed on duty in Australia, and his name can be found on the country’s National Police Memorial.
But the order of the day in 1803 was a different sort of memorial. “Avenging Heaven directs the Hand of Justice, and the Manes of the Deceased inspires us with Indignation and Resentment,” the Sydney Gazette fulminated. The need to cut a deal for crown’s evidence with one of Samuel’s compatriots eventually meant that Samuel was the only one to bear the vengeance of Luker’s Manes. (A third man, Isaac Simmonds, was acquitted at trial, but he was so heavily suspected that he was made to attend the execution.)
We’ll pick up the narration of the Sydney Gazette (Oct. 2, 1803):
James Hardwicke were brought, in pursuance of the sentence passed upon them on the preceding Friday.
Both prisoners conducted themselves with becoming decency; and when the Reverend Mr. MARSDEN had performed the duties of his function, and quitted Hardwicke, he turned to Samuels (who being a Jew, was prepared by a person of his own profession) and questioning him on the subject of the murder of Luker, he solemnly declared, that during the interval of his confinement in the cell with Isacc [sic] Simmonds, nicknamed Hikey Bull, they in the Hebrew tongue exchanged an oath, by which they bound themselves to secrecy and silence in whatever they might then disclose.
Conjured by that GOD before whom he was shortly to appear, not to advance any thing in his latter moments that would endanger his salvation, he now repeated with an air of firmness what he had before declared ; and appearing deeply imprest with a becoming sense of his approaching end, appealed to Heaven to bear him testimony that Simmonds had, under the influence of the oath by which they were reciprocally bound, acknowledged to him that Luker had accidentally surprised him … and that he, in consequence thereof, had “knocked him down, and given him a topper for luck!” … [and] that he would hang 500 Christians to save himself.
Simmonds, as we’ve noted, was right there in forced attendance at the public hanging, and as Samuel’s accusations started the audience murmuring, Simmonds tried to interject his denials. The very fact that the words were spoken by a man on the brink of death and presumably in fear for his soul made Samuel a credible accuser in the eyes of the populace, “in whose breasts a sentiment of abhorrence was universally awakened … and the feelings of the multitude burst forth into invective.” Yikes.
While the gendarmes moved to protect Simmonds from the possible wrath of his neighbors, and Hardwicke received a last-minute pardon,* Samuel commenced the inadvertently superlative finishing act of his persuasive performance.
at length the signal was given, and the cart drove from under him; but by the concussion the suspending cord was separated about the centre, and the culprit fell to the ground, on which he remained motionless with his face downwards. The cart returned, and the criminal was supported on each side until another rope was applied in lieu of the former: he was again launched off, but the line unrove, and, continued to flip until the legs of the sufferer trailed along the ground, the body being only half suspended.
All that beheld were also moved at his protracted sufferings; nor did some hesitate to declare that the invisible hand of Providence was at work in the behalf of him who had revealed the circumstances above related. To every appearance lifeless, the body was now raised, and supported on men’s shoulders, while the executioner prepared anew the work of death. The body was gently lowered, but when left alone, again fell prostrate to the earth, this rope having also snapped short, close to the neck.
Compassion could no longer bear restraint; winged with humanity, the Provost Marshal sped to His EXCELLENCY‘S presence, in which the success of his mission overcame him; A Reprieve was announced — and if Mercy be a fault, it is the dearest attribute of GOD, and surely in Heaven it may find extenuation!
Samuells when the Provost Marshal arrived with the tidings which diffused gladness throughout every heart, was incapable of participating in the general satisfaction. By what he had endured his reasonable faculties were totally impaired; and when his nerves recovered somewhat from their feebleness, he uttered many incoherences, and was alone ignorant of what had past. Surgical assistance has since restored him; And MAY THE GRATEFUL REMEMBRANCE OF THESE EVENTS DIRECT HIS FUTURE COURSES!
In 1806, Samuel made an escape attempt with some other convicts by boat. It was swept away in a tempest, with all presumed lost at sea.
* A number of sources claim that Hardwicke did hang successfully while Samuel’s rope repeatedly broke. We think the eyewitness newspaper report days after the execution to the effect that Hardwicke was reprieved is by far the more credible report.