Posts filed under 'Botched Executions'

1849: Andrew Tyler, clairvoyant

2 comments January 26th, 2015 Headsman

Fortune Telling and Crime.

(Daily Ohio Statesman, August 22, 1848)

The trial in the case of Andrew Tyler, convicted and sentenced to die, at the late term of the Supreme Court held in Williams county, as accesory [sic] to one of the most wanton and singular murders of which the records of depravity and crime presents an example.

From the evidence given on the trial, as well as the confessions of Heckerthorn, the principal, (who awaits his trial in November next,) it appears that Heckerthorn was desirous of learning the art of fortune telling, and that as the initiatory step, Tyler persuaded him to kill Scamp’s child, and hide the body, designing then to leave the country together, and after some months return and get a reward for finding the body of the child, and thus establish a reputation as fortune tellers, by which they would be enabled to make a great deal of money.

A more inadequate cause for so great a crime we never learned of; and, on Tyler’s part, the instigation of the murder can only be explained by the supposition that long habits of deception and falsehood, practiced by him as a fortune teller, had darkened in his mind whatever little sense of right and humanity he ever possessed. -Kalida Venture

The Death Penalty
Horrible Account of a legalized murder in Williams county, Ohio, which took place on Friday week.

(Cleveland Plain Dealer, February 6, 1849)

If we are at times put to the blush for the crimes of our fellow-beings, we are as often shocked at the barbaraties [sic] of our race, who to retaliate for one crime commit another, no less offensive in the sight of God and man. We refer to the barbarous custom of strangling a man to death in cold blood for certain crimes which twelve men believe he has committed.

Here is an account of this legalized murder, committed no the 26th ult. in Bryan, Williams Co., the particulars of which contain enough of the horrible to gratify the most savage. The Spirit of the Age, published at Bryan, says:

About one o’clock, P.M. the prisoner was conducted on to the scaffold, accompanied by Rev. R.R. Walters, who, after the prisoner had taken his seat, delivered some very appropriate remarks from Acts, chap. 5th, verses 2nd, and 3d — a text selected by the prisoner.

A hymn was sung and prayer offered by Rev. Mr. Walters.

The prisoner then made a brief address to the assembly. He asserted his innocence in the strongest terms — declaring that he had nothing to do with the perpetration of the crime, for which he was to be executed. He said he had no anxiety to live — but felt prepared and desired to depart and dwell with his Saviour.

At the close of his remarks, he knelt down, and spent a few moments in audible prayer. He prayed for support in the terrible scene upon which he was immediately to enter — for the forgiveness of all who had sought his hurt, and that he and they might meet in a happier world.

At a quarter past two, the Sheriff adjusted the rope, which was already around the prisoner’s neck, drew the cap over his face, and bade him adieu.

He then descended the stairs, and as he went down, touched the spring with his foot, and the drop fell.

Here followed a scene, which was for a moment, shocking to all beholders — almost beyond description. To set the matter in its true light, it should be mentioned that Tyler had at all times insisted that he should be executed without any slack of rope.

Willing to gratify him so far as duty would permit, and in accordance with this oft-repeated and urgent request, the Sheriff gave him at first only about one foot of slack.

The instant the drop was sprung, the prisoner slightly crouched his body; by this means the hoose slipped around, bringing the knot immediately under the chin, in such a position that with his short fall it did not tighten at all, consequently he was merely suspended by the neck.

Probably his first slight fall suspended sensation and respiration temporarily for he hung quietly for a time; but this suspension was only temporary, and it is certain that nothing like strangulation was produced.

He soon recovered his breath, and commenced groaning and struggling as if suffering excruciating torture.

The spectacle at this moment was too revolting to witness; we noticed many who had thought and said, that they could look on his expiring agonies with a hearty good will, who turned away from the sight with blanched cheeks and looks of commiseration.

The Sheriff, probably somewhat overcome by the fearful duty he had attempted to discharge, did not immediately after springing the drop go around to see the true condition of affairs.

On learning the situation of the prisoner, he promptly ordered the scaffold raised, and no sooner was this done than he was upon it, and taking Tyler by the hand directed him to stand on his feet, which he was able to do without assistance.

Aided by Gen. Gilson, the Sheriff then proceeded to lengthen the rope, giving it about four feet additional slack.

Tyler still fervently begged them to shorten instead of lengthening it, but he was told that his wishes could no longer be regarded.

During this time, Ex-Sheriff Cunningham passed up the stairs, and taking Tyler’s hand, inquired if he still asserted his innocence; he replied, “I am innocent.”

Having adjusted the noose, and all others having left the scaffold, the Sheriff took his hand, and again bade him farewell. His last words to the Sheriff were — “For God’s sake shorten the rope.”

Again the drop was sprung, and Andrew F. Tyler was launched into eternity. He scarcely struggled after the second fall — after about thirty minutes, his body was taken down, placed in the coffin and carried back to an upper room of the jail.

Executed

(New York Commercial Advertiser, February 13, 1849)

Andrew F. Tyler, the “fortune teller,” convicted in Williams county, Ohio, as accessary [sic] to the murder of a small child in that county, was executed at Bryan, on the 26th ult. A large concourse of citizens assembled to see the spectacle, and in defiance of the law abolishing public executions, tore down the jail yard erected by the Sheriff. The last words of Tyler were, “I am innocent.”

If we recollect right, Tyler was charged with aiding in the murder of a child in order that the fortune he had preetended to tell might prove true. He declared his innocence of a murder of such strange motive to the moment of the falling of the fatal drop, and would it not have been better for the cause of justice, and just as well for the community to have sent him to life imprisonment as the gallows? His dying declaration may be true, for evidence that appears conclusive of guilt is not always so. -Cleve. Herald

The Popular Taste

(Boston Daily Atlas, February 22, 1849)

A man named Andrew F. Tyler, convicted of murder, was hung recently at Bryant [sic], in Williams county, Ohio.

The Dayton Transcript states that the Sheriff had built a high wood fence around the jail yard, in order to have the execution as private as possible, but the populace were so eager to witness the spectacle, they tore down the fence the night previous.

The brutal taste which prompted this act, is of the same character as that which leads crowds to witness prize fights, and makes momentary heroes of the vilest bullies in creation. -Cincinnati Gazette

(As inchthrift old-time editors were fond of forbidding walls of unbroken text, line breaks and white space have been added to all of the excerpts above. -ed.)

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2006: Sanjaya Rowan Kumara, with “signs of life”

Add comment November 28th, 2014 Headsman

Sri Lankan national Sanjaya Rowan Kumara was hanged on this date in 2006 at Kuwait’s Central Prison for murdering a woman while robbing her house.

He was pronounced dead and cut down within eight minutes. But …

medics who transported his body to a morgue said they noticed he was still moving, Al-Qabas daily reported.

Forensic experts were immediately called to examine the body and they confirmed that “there was some weak pulse in his heart,” the daily said.

The examination was repeated several times and each time “the dead body showed some signs of life,” Al-Qabas quoted unnamed medical sources as saying.

“They eventually pronounced him completely dead at 1400 hours local time,” five hours after his hanging, the sources said.

The justice ministry refused to comment on the report but head of the criminal execution department, Najeeb al-Mulla, who supervised the hanging, told Al-Watan newspaper the report was “baseless.”

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1326: Edmund FitzAlan, the Earl of Arundel

Add comment November 17th, 2014 Headsman

On this date in 1326, Edmund FitzAlan, Earl of Arundel was beheaded at Hereford for his support of King Edward II, during the rebellion of Queen Isabella and her lover Roger Mortimer.

Arundel’s relationship with doomed king had not always been so fatally chummy. That he turned out to be one of the few great nobles to back Edward against his wife’s adulterous coup d’etat would probably have surprised his own younger self — for 15 years before his execution he had joined the Lords Ordainers in opposition to Edward and hated royal favorite Piers Gaveston. Indeed, Arundel was one of the men who eventually condemned Gaveston to execution. Two years after that, he passed on aiding Edward’s Scottish campaign and the upshot of that was the great defeat of Banockburn.

But these two foes were able to see their way to an arrangement as the 1310s unfolded, and Arundel married his son — the boy who would succeed as the next Earl of Arundel when our man got his head cut off* — to the daughter of the next royal favorite, Hugh Despenser.

This dynastic alliance with the man swiftly becoming the most powerful lord in England put Arundel firmly on Team Edward, with very lucrative results. When other nobles who hated the new favorite rebelled in the early 1320s, Arundel helped to put that disturbance down, and pocketed portions of the traitors’ forfeited estates for his trouble — including that of the attainted Mortimer himself.

These enemies were permanent.

Mortimer managed to escape the Tower of London and fled into exile, eventually taking up with the disaffected Queen Isabella, who was a French princess herself. When Mortimer and Isabella mounted an invasion in 1326, Arundell and his brother-in-law Surrey were the only earls to keep the king’s side. (Temporarily: Surrey made peace with the new regime when it carried the day.)

Captured by John Charleton, a Welsh landowner who’d been personally piqued by Arundel’s growing acquisitions in that region, he was hauled before Queen Isabella and put to summary execution. But not too summary: there’s a report by a chronicler that the “worthless wretch” wielding the blade required no fewer than 22 hacks to part head from shoulders.

Kathryn Warner’s excellent and venerable Edward II blog has a very thorough post on the Earl of Arundell as well as a separate one on John Daniel and Robert de Micheldever, two obscure courtiers who shared the same fate on the same occasion.

(Warner has also just recently — in October of 2014 — published her book about Edward II.)

* Technically Richard FitzAlan only became Earl of Arundel in 1331, when Edward III, having deposed the regime of his mother and Mortimer, re-granted the title.

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1883: Frederick Mann

Add comment October 12th, 2014 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1883, Frederick Mann was hanged for murdering four members of his master’s family.

Frederick was an immigrant from London and worked as a live-­in farmhand and manservant to the Cooke family in Little Rideau, Ontario. He was only seventeen years old.

Frederick had been living with the Cookes for only a few months at the time of the murders. He seemed to get on fine with Mr. and Mrs. Cooke and their five children, although he sometimes mistreated their livestock. Then, on January 2, 1883, for no apparent reason, he went berserk.

That morning Frederick followed one of the Cooke family’s adult daughters, Emma, into the granary and tried to rape her. When she screamed for help, he strangled her with a rope. Emma’s cries were heard by her mother, who went running to her aid, but Frederick strangled her too.

Following this he went into the barn and attacked his master Ruggles W. Cooke with an ax, chopping his head to pieces. Frederick then went into the farmhouse and attacked sons George and Willie Cooke, who were both still asleep. He killed Willie with a blow to the head but was only able to wound George on the thigh before the boy got away from him. George and his two sisters wrestled the ax away from Frederick, who then fled the farmhouse. (There are reports that George later died of his leg injury.)

He was arrested the next day, just across the Ottawa River in Quebec.

During subsequent investigation it came out that, when he had been working for a family in Montreal, he’d tried to poison them. Doctors who subsequently examined the defendant determined he had “keen intelligence … but low moral nature.” The press reported Frederick had committed the murders “in revenge for a fancied insult.”

Although his attorney prepared for an insanity defense, in the end there was no trial: Frederick pleaded guilty to all four murders on September 17 when he appeared in court. His lawyer pleaded for leniency, but the judge passed the sentence of death.

Young Frederick’s execution was gruesome, as recorded in Jeffrey Pfeifer and Ken Leyton­-Brown’s book Death By Rope: An Anthology of Canadian Executions:

The identity of the hangman was unknown but he was clearly inexperienced and the Sheriff had to show him how to properly pinion the prisoner’s legs. The hangman’s level of inexperience was made even clearer when he pulled the lever, sending Mann through the trap. The drop had been miscalculated and Mann hung less than 1?4 of an inch from the ground. To make matters worse, the noose had been placed incorrectly around the condemned man’s neck and the knot slid under his chin. The spectators were left to watch in horror for almost ten minutes as Mann slowly suffocated, his toes almost touching the ground. After death had been declared Mann was buried in the yard of the gaol, but not before his brain had been removed and sent to Montreal to be examined.

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1922: Benny Swim, “dead as a door-nail” (or not)

Add comment October 6th, 2014 Headsman

On this date in 1922, Benny Swim suffered a double hanging for a double murder.

Benny Swim(m) grew up on a squalid backwoods farm in the New Brunswick “badlands” where violence and moonshine were as ubiquitous as poverty: “the poorest human beings I have ever met in a civilized country,” in the words of an English observer who chanced to meet the story’s principals on a hunting trip before they made the crime headlines.

According to a somewhat lurid 1981 Toronto Star profile, Benny was “a moody, difficult boy who didn’t get along at home” and left school at age 12 after attacking a crowd of bullying schoolmates with a knife.

His cruel life’s best comfort was an incestuous passion for his cousin Olive Swim(m).

Olive did not leave her cousin’s lust unrequited — Olive’s father said the two lived as de facto man and wife for a year and a half — but neither was she faithful to the jealous Benny. Our visiting hunting party discovered that firsthand when one of its number took Olive out for a drive and parked with her. Before they could get to steaming up the windshield, a gunshot ripped through it, fortuitously harming neither. “Benny, Benny, don’t shoot again!” Olive cried as she leapt out of the adulterous conveyance.

In February-March of 1922, 17-year-old Olive became so infatuated with a former soldier that she ran off and married him, moving away and refusing to receive her former paramour. Benny met in his customary way the turn of his fortunes: he got himself a revolver and went to see the newlyweds making no attempt to disguise his intentions.

Harvey Trenholm he surprised chopping woods in the snow and shot him dead in the face. A screaming Olive he met at the door of her new home as she attempted to flee, and shot her in the chest, and then, as she staggered away from her assailant, in the back. “It’s awful what a woman can bring a man to do,” the killer would later remark.

The only person on the scene whom he couldn’t manage to kill was himself. His suicide shot failed to penetrate his skull and lodged under the skin. The sheriff found him, following the trail of bloody snow from the crime scene, recuperating at a neighboring farm. “Sheriff, this is awful,” Swim said to him. “I suppose I will hang for it.”

And how.

With the regular hangmen unavailable, they hired a guy named Doyle from Montreal to conduct the execution at the Carleton County Jail in Woodstock.

Doyle, who claimed to have several hangings on his resume, conducted Benny to the scaffold and, at 5:06 a.m., dropped him as the the prisoner was in the midst of reciting the Lord’s Prayer. One eight-foot fall later, and it was another zipless kill for the cocksure Doyle. “Splendid job ain’t it?” Doyle boasted. “The man is as dead as a door-nail.”

What Doyle lacked in professional decorum, he also lacked in professional competence.

Though Swim was unconscious, the fall had not broken his neck — and the hangmen then proceeded to blithely cut the “dead” man down without leaving him to dangle long enough to ensure death. When the body was laid out back in its cell as prison staff set about attending to the posthumous necessaries, the doctor designated to certify death discovered a pulse. And breathing. He soon enough, coughing and choking sounds. The pulse was growing stronger — the doctor believed he could bring Benny back around.

A hushed argument then followed in the little cell over the essence of the judicial sentence “hanged by the neck until dead.”* The sheriff, possibly considering the enormously embarrassing fallout no less than the letter of the law, carried the day. Two ministers, who had been singing hymns with Benny Swim minutes beforehand, helped the assistant hangman, a fellow named Gill, carry the still-insensible man back to the gallows and propped him up for a second noosing. (Doyle, whose indecorous remarks had been overheard by the general public peeping at the hanging over the jailyard walls,** was spirited away within the jail for fear that he might stand to join the ranks of lynched executioners. He remained in protective custody for much of the day, and was at last secretly escorted back to a train station and sent home to Montreal.)

Public fury at the affair, and the scandalous word-of-mouth reports of hangman Doyle’s behavior, conspired to make the late double murderer into an object of pity. Benny’s funeral, noted The Press (Oct. 17, 1922), was “very largely attended. There were 150 teams in the procession. The large number of people attending … testified to the disgust of the community against hanging, a relic of the dark ages.”

* “It is clear that if, upon judgment to be hanged by the neck until he is dead, the criminal be not thoroughly killed, but revives, the sheriff must hang him again. For the former hanging was no execution of the sentence.” -Blackstone

** Woodstock’s jail was hardly constructed with steady gallows-traffic in mind. “The yard is small, bordering on the street and there is nothing to obstruct the view of the public from what takes place therein,” ran one report at the time. “The Swim hanging would have been hardly more public if the scaffold had been erected on the street.”

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1944: A Dutch Kapo named Raphaelson

1 comment September 27th, 2014 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On an unspecified Saturday afternoon in September 1944, a Dutch Jew was hanged before a crowd of thousands in Blechhammer, a Nazi forced-labor camp that was a subcamp of Monowitz, which was in turn a subcamp of Auschwitz.

Witness Israel J. Rosengarten, describing the event forty-five years later, identified the executed man as “Raphaelson” and described him as “about twenty-four years old … a very capable carpenter.”

Yad Vashem’s Central Database of Shoah Victims’ Names includes an entry for a Rudolf Israel Raphaelsohn that seems to fit: he was born in Berlin in 1922, spent the war in the Netherlands, and perished in Blechhammer in 1944. His individual page of testimony describes his occupation as “sawmill owner.” This is probably, but not definitely, our man.

Rosengarten wrote about Raphaelson’s execution in his book Survival: The Story of a Sixteen-Year-Old Jewish Boy, published in 1999. According to him, Raphaelson was a Kapo, meaning he had certain privileges and a position of leadership over other Jews in the camp, sort of like a prison trusty.

He met his death through sheer bad luck.

By 1944, Blechhammer was being bombed by the Americans on a regular basis. As Rosengarten records,

Book CoverThis Kapo had seen a bomb lying on the ground, which had not exploded. It was split open, but the mechanism had not detonated. The Kapo saw a yellow powder lying in the middle of the split bomb. He obviously did not realize it was dynamite. Because we had no washing powder in the camp, he got the idea of smuggling some of that yellow powder into the camp in a parcel to see if it could be used as a washing powder.

While he was busy taking the powder in, he was caught by an SS man. He was whipped until he fell down. Next, when he came into the camp he was sent to the Politische Abteilung. The SS of the political department drew up a protocol in which it was stated that Raphaelson … had “plundered” the dynamite and that he had done it with the intention of committing “sabotage.” His deed was stamped as a “terror against the Third Reich.” Raphaelson was then forced to sign the statement.

And then … the SS let him go.

He was not relieved of his position as Kapo. He was not transferred to a punishment detail. A whole four weeks passed by and the incident was never mentioned, and the inmates, who had enough to worry about in their difficult day-to-day existence, forgot all about it.

Raphaelson’s execution took everyone completely by surprise. Everyone came back to camp after a hard day’s work and noticed the SS were all in dress uniform and parading them around as if some important holiday was being celebrated.

The inmates weren’t allowed to go to their barracks as normal. Instead they were assembled in the center of camp, where a gallows had been set up.

It turned out the confession Raphaelson had been signed had been sent all the way up to the leadership of Auschwitz for them to decide what to do about it, and they had taken their time. Only now, a month later, had the SS in Blechhammer gotten their answer, and now the “saboteur” had to pay the price for his “crime.”

“The whole thing,” Rosengarten noted sardonically, “had the appearance of a lawful trial and a truly democratic tribunal.” He happened to be standing in the front row, so had an intimate view of the proceedings:

After a very long wait, the stool was pushed away from under his feet with a firm kick. A panicked chill passed through us as if time were falling away. But then it seemed the rope was not holding. Suddenly, it broke in two. Raphaelson fell unhurt to the ground. Everybody present stood amazed.

We all hoped now that Raphaelson would be given mercy because of that unusual event. But such a thing was, of course, unthinkable for the SS. The rope was repaired and once again the boy was placed on the stool. Again it was kicked away. But the unbelieveable happened again! The rope broke in two a second time!

A sort of providence seemed to have insinuated itself. Everything we saw was so unusual, so unreal! But the Nazis did not give up. For the third time, the Kapo was placed upon the stool, and the noose was put around his neck. Because of what had happened, Raphaelson came more and more to his senses. He seemed to be more clearly aware of what was going on. All of the sudden he yelled, “Friends! Do not lose courage! Those who today want to murder us will themselves soon be kaput!” The two SS who stood next to him could not believe what they were hearing. “Hold your beak, you!” they shouted. Quickly they again kicked the stool away. And then Raphaelson sank down. For a couple of long minutes we had to look him in the eyes. After that, he was no longer among the living.

After Raphaelson finally expired, the six thousand prisoners were required to stand there another fifteen minutes, then march around the scaffold so everyone could see him. “Only after this,” Rosengarten recorded, “were we allowed to crawl quietly and dejectedly to our barracks.”

Israel Rosengarten survived several concentration camps and death marches before he was liberated in Buchenwald on April 11, 1945. By then, he was near death from starvation and exhaustion.

After he recovered his health he went home to Belgium and discovered he was, at eighteen years of age, the sole survivor of his large family.

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1914: Seven retreating Frenchmen, with surprising results

Add comment September 7th, 2014 Headsman

One hundred years ago today, during the Battle of the Marne, seven French soldiers were shot without trial for retreating. Most of the resources about this Gallic tragedy are in French, and so are most of the links in today’s post.

The French book Fusille Vivant traces the life of Francois Waterlot, a prolific correspondent who wrote some 250 letters after surviving this date’s execution, before finally dying at the front the following year.

All were enlistees of France’s 327th Infantry Regiment. On the night of September 6, German shelling panicked their sister 270th Regiment into a disorderly retreat away from the front lines. That rout ran right into the 327th, behind them, and panicked that regiment too.

Further in the army’s rear, by the hubbub awoke from his farmhouse bivouac division commander Gen. Rene Boutegourd. Boutegard had a simple solution, and ordered seven of the soldiers caught away from their posts to be executed the next morning by way of example. While the war’s later years would feature notoriously unfair courts-martial with predetermined sentences, Gen. Boutegourd didn’t even see the need to pay that much tribute to procedural regularity in this case.

The Battle of the Marne was still ongoing, and the situation in the field, pre-trench warfare, was fluid. Shoot them out of hand and be done with it! Then, the rest of the division will understand the consequences of unauthorized retreat.

Barbieux, Caffiaux, Clement, Delsarte, Dufour, Hubert, and Watrelot were stupefied to learn that they suddenly had mere hours left to live.

According to a postwar newspaper article — printed in 1922, when the bizarre case came to public attention and led to a posthumous pardon — they immediately began pleading for their lives. “Put us in the first wave of the next attack, but I beg you not to subject us to French balls,” Delsarte cried.

In those opening weeks of what was supposed to be a short war, with men’s minds still half at home in the pleasurable prewar idyll, the cruel frequency of the execution pour l’exemple had not yet set its stamp on things. The first such instance had occurred only the week before.

Maybe the men detailed to kill the “deserters” were equally stunned: it is hard to put down the results of the shootings merely to the uncertainties of technology or the hardiness of flesh and bone.

Palmyr Clement survived the fusillade and only died two agonizing days later from his firing squad injuries. This is a bizarre outcome even for those occasional cases where a fellow survives the scaffold. Implicit in such a fate is that there was no coup de grace administered after the volley. Is this oversight intentional — even an expression of distaste for the justice of the sentence soldiers had been tasked with visiting on their comrades?

And could distaste extend so far as an intentional or an indifferent failure of marksmanship by the firing details?

Such doubtful speculation can point to Francois Waterlot, who did Clement one better: he survived the execution full stop (dropping to the ground with the volley even though he was actually uninjured) and returned to the ranks, dying in battle on June 10, 1915. This uncommon feat earned him the nickname “le fusillé vivant”, “the shot alive” (somewhat literally) or “the living corpse” (more to the sense of it). That sobriquet is the title of a French book about Waterlot.

France executed about 600 of her own soldiers during World War I, the second-most (to Italy) of all belligerents in that conflagration. There is a great deal about this particular execution on this French page.

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1610: Roger Cadwallador, English priest

1 comment August 27th, 2014 Headsman

On this date in 1610, the priest Roger Cadwallador was hanged, drawn, and quartered in Herefordshire, where he had maintained an illicit Catholic ministry for 16 years.

Having spent most of the morning in spiritual preparation (for his end) about ten o’clock he took some corporal food, viz. a little comfortable broth; and calling for a pint of claret wine and sugar, on occasion of a friend that was come to visit him, he made use of the words of bishop Fisher in the like case, as he said, when he was taking a cordial, before the like combat of death; fortitudinem meam ad te domine custodian, Saying in English, he took it to make himself strong to suffer for God. Then as if he had been to go to a feast, he put on his wedding-garment (viz. a new suit of cloaths) which a friend had provided for him, from top to toe, whom he requited with a good and godly exhortation, counselling him to persevere till death in the catholic faith; and giving him directions to bestow twelve pence of his money on the porter; for he kept two shillings in his own pocket to bestow on him that was to lead and drive the horse, when he went to execution.

His jailer pressed him repeatedly, as was usual, to apostasize and save his flesh. The terrors of the gallows being quite real even to martyrs, this menace surely worked for some … but never, it seems for those who reach these grim annals.

Being taken off the hurdle, and brought within sight of the gallows, and the block whereon he was to be quartered, they shewed him these and other instruments of death, leading him between two great fires, the one prepared to burn his heart and bowels, the other to boil his head and quarters: and thinking the sight of these did somewhat terrify him, they promised him once more that none of them should touch him, if he would take the oath; but his christian courage made him persist in his resolution of dying in that quarrel.

Cadwallador would need every drop of that resolution when an artlessly executed hanging unintentionally left him quite sensible to experience the horrors of having his trunk ripped open to tear out organs that would feed those great fires. When “the unskilful executioner”

came to turn the ladder … [Cadwallador] said aloud five or six times, In manus tuas Domine commendo spiritum meum. Into thy hands, O Lord, I commend my spirit. And lastly, Domine accipe spiritum meum. Lord receive my spirit. He hunt very long, and in extraordinary pain, by reason that the knot, through the unskilfulness of the hangman, came to be directly under his chin, serving only to pain, and not to dispatch him.

Insomuch that when the people were persuaded that he was thoroughly dead, he put up his hand to the halter, as if he had either meant to shew how his case stood, or else to ease himself: but bethinking himself better, and perhaps a scruple coming into his head to concur to hasten his own death; he had scarce touched the halter, but that he presently pulled away his hand. And within the space of a Pater-noster after, he lifted up his hand again to make the sign of the cross; which made all the standers by much amazed; and some of the vulgar desirous to rid him of his pain, lifted him upwards by the legs twice or thrice, letting him fall again with a swag.

Then after a little rest, when they thought him quite dead, he was cut down: but when he was brought to the block to be quartered, before the bloody butcher could pull off his doublet, he revived and began to breathe; which the multitude perceiving began to murmur; which made the under-sheriff cry out to the executioner to hasten: but before they had stripped him naked he was come to a very perfect breathing.

It was long after they had opened him before they could find his heart, which, notwithstanding, panted in their hands when it was pulled out.

As soon as the head was cut off, one of the sheriff’s men lifted it up on the point of a halbert, expecting the applause of the people, who made no sign that the fact was pleasing to them. Nay, they that were present were struck at the sight, and said, this priest’s behaviour and death would give great confirmation to all the papists of Herefordshire: which saying fell out to be true; for it ministered to them great courage and comfort.

Cadwallador was beatified in 1987.

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1864: Barney Gibbons, chance recognition

Add comment August 13th, 2014 Headsman

One hundred fifty years ago today, Barney Gibbons was executed by musketry by the Civil War Union army in St. Louis, Missouri.

Gibbons was among the many soldiers in that chaotic war who in the time before identity cards and omnipresent databases deserted the respective armies at their convenience. Whatever the fulminations of the right-thinking against such behavior, only a slight risk of capture and exemplary punishment attended such an act.

Gibbons’ own slip into the statistically improbable might be the slightest imaginable risk of them all.

The New York native was enlisted in the Seventh Infantry Regiment when it was sent at the outset of hostilities to the New Mexico theater of the war; there he slipped away from the march one day and re-enlisted in the Confederate army, serving against his former comrades in several battles — notably Glorieta Pass.

Then Gibbons deserted the Confederate army as well, turned up as a teamster in New Orleans, and eventually made his way to St. Louis.

And that was that, or at least it often would have been. By 1864, who could bother to search out an obscure private fallen off the march three years before?

One summer’s day in 1864, however, a former 7th Infantry sergeant named Richard Day chanced to pass Barney Gibbons on the street and somehow recognized him. “He has a cut upon his lip, and a peculiar manner of walking,” Day would later insist at the court-martial. “Capt. Jones of our company was always at him because he never could walk like a soldier, he would throw his head forward and his arms to the rear. He always walked with his hands open and fingers apart even when he had gloves on.”

Now, despite the certitude of our verbiage so far, the fact of the matter is that “Gibbons” denied all this all the way to the stake — and there were no better forensics on offer than Day’s personal recollection. That was pretty much state of the art, even if we now know that eyewitnesses are highly error-prone.

We pick up Gibbons’s horrifying last moments (following Catholic baptism) via the New York Times correspondent, as reprinted by the Cleveland Plain Dealer on August 23, 1864:

Although there is not at the post of St. Louis an officer who ever witnessed an execution, the preliminaries were conducted in a skillful, orderly and decent manner. — All the troops of the post were in attendance, and a hollow square having been formed with one side open toward the embankment of the for, the condemned man was placed beside a post, with a seat attached, his common pine coffin lying on the ground beside him. After making a brief statement, in which he denied having deserted, but said that he straggled and was overtaken by the rebels, he pronounced his sentence most unjust …

He was seated, and his arms tied behind the post, a white cap was drawn over his face, and six musketeers drawn up within fifteen feet of his breast. The command was given:

“Make ready.”

“Aim.”

“Fire” and two bullets entered the abdomen. And now succeeded a few seconds in which transpired a scene which shook the stoutest heart, and made every human creature present shudder. From beneath the ghastly cap came a wail of agony which pierced every ear, and as the utterance “Oh! oh! too low,” escaped from the lips of the quivering form writhing in the throes of a horrible death, every one seemed paralyzed with horror. With a quick motion the officer of the squad waved the six muskets aside and four others took their place. “Make ready.” “Aim” — but mercifully before the third command was given, the four pieces were discharged, three leaden messengers of death entering the sternum, and a mighty convulsive shudder ended the being of the poor deserter. What an eternity of woe in those intervening few seconds! What a crowding of events from infancy, hallowed by a mother’s love and prayers to the dreadful details of the present scene! Yet, all passed before the mind’s eye of the dying man, and the wonderful palimpsest of his brain touched by the consciousness of instant death, gave him to see in a second all that had been for years forgotten, ere he entered upon the unknown.

The error in firing arose from the fact, discovered too late for remedy, that the sights of the muskets were set for long range.

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1683: Lord Russell, Whig martyr

Add comment July 21st, 2014 Headsman

On this date in 1683 at Lincoln’s Inn Fields in London the great Whig parliamentarian William, Lord Russell was beheaded with a legendary want of dexterity by Jack Ketch.

The third son of the Earl (later Duke) of Bedford, Lord Russell emerged from a decade of comfortable obscurity in the Parliament’s back benches to become a leading exponent of the nascent Whigs* opposed to royal absolutism and to Catholicism — two heads of the same coin, for the Whigs, given that the heir presumptive James had controversially converted to Catholicism.

The national freakout from 1678 over an alleged “Popish Plot” to undo Old Blighty gave Russell his cause; his leadership of the resulting parliamentary bid to exclude James from royal succession made the gregarious Russell “the governing man in the House of Commons”.

Lord Russell was a man of great candour, and of general reputation; universally beloved and trusted; of a generous and obliging temper,” his friend Gilbert Burnet recorded of our man. “He had given such proofs of an undaunted courage and of an unshaken firmness, that I never knew any man have so entire a credit in the nation as he had.”

Russell was, Burnet allowed, “a slow man, and of little discourse, but he had a true judgment, when he considered things at his own leisure: his understanding was not defective; but his virtues were so eminent, that they would have more than balanced real defects, if any had been found in the other.”

Chief among those virtues was his wholehearted sincerity for his cause — a passion the source of both his renown, and his destruction. Russell was heard to espouse the view that James ought not merely be excluded from succession, but executed like his father.

Matters never quite approached that point, but the crisis provoked by the Exclusion Bill firebrands led King Charles II to dissolve parliament in 1681, depriving the Whigs of their legal perch. In the ensuing years politics played out not as legislation but conspiracy, and the crown’s rather more successful harassment of same: many of the chief Whig actors were driven offstage to scaffolds, dungeons, or continental exile.

The half-dozen most eminent Whigs remaining — to whom, besides Lord Russell, we number the king’s illegitimate son Monmouth, the Earl of Essex, Baron Howard of Escrick,** Algernon Sidney, and John Hampden† — formed a sort of informal Council of Six who met secretly to consider the bad options available to the fractured Whig movement. Some section of the wider Whig network in which this Council operated turned eventually to considering the most desperate of measures.

Their Rye House Plot schemed to waylay and assassinate the royal person near a fortified manor handily on the king’s route back to London from the Newmarket races. It was owned then by a radical former soldier of Cromwell‘s New Model Army.

It has been long debated to what extent any of the top Whigs knew of or actively participated in this Guy Fawkesian plot, or its complement, a projected armed rising of the sort that Monmouth would indeed mount in 1685. One school of thought is that the Tories seized it as an expedient to eviscerate the remaining Whig leadership by conflating the entire movement with a regicidal scheme; another is that the Whig insistence upon its martyrs’ innocence — and Lord Russell is the chief man in this pantheon — has amounted to a fantastic propaganda coup.‡

In June 1683, a salter who was in on the Rye House planning got a cold sweat and informed on the Whigs. This backstab earned a royal pardon for himself, and started a familiar policing sequence of incriminated conspirators turning crown’s evidence and informing in their turn on the next part of the network.

Many of the Whigs fled to the Netherlands, received there by the House of Orange which would seat itself on the English throne inside of six years.

Lord Russell, however, refused to fly. He landed in the Tower of London by the end of the month, to face trial as a traitor on the evidence of his association with other Whigs and his entertaining the plan of raising an armed revolt. The judge’s summation to the jury even underscored that “You have not Evidence in the Case as there was [in other Rye House cases] against the Conspirators to kill the King at the Rye. There was a direct Evidence of a Consult to kill the King, that is not given you in this Case: This is an Act of contriving Rebellion, and an Insurrection within the Kingdom, and to seize his Guards, which is urged an Evidence, and surely is in itself an Evidence, to seize and destroy the King.”

Lord Russell’s case shifted around the fringes of actual innocence — those plans for Insurrection within the Kingdom, he said, occurred sometimes at meetings he happened to attend but only off on the side, or without Lord Russell’s own involvement or support. (Speaking from the scaffold, he would several times insist that his acts were at worst misprision of treason, which was no longer a capital crime at this point.)

Against this the crown produced Lord Howard, a cravenly interested party to be sure, who saved his own skin by testifying that the six-headed cabal was down to planning the specifics of the places where a rebellion might best be stirred up, the procurements of arms and bankroll that would be necessary to same, and how to draw Scotland into the fray as an ally. “Every one knows my Lord Russell is a Person of great Judgment, and not very lavish in Discourse,” Howard allowed on the point of Russell’s active assent to the plans. “We did not put it to the Vote, but it went without Contradiction, and I took it that all there gave their Consent.”

David Hume would observe in his History of Great Britain that Russell’s “present but not part of it” parsing didn’t make for a very compelling story. “Russell’s crime fell plainly under the statute … his defence was very feeble.”


Detail view (click for the full image) of an 1825 painting of Lord Russell’s trial, commissioned of George Hayter by Lord Russell’s admiring kinsman John Russell, Duke of Bedford. John Russell also wrote a biography of his famous ancestor. The unbroken succession of Dukes of Bedford from William Russell’s father continues to the present day; the current Duke of Bedford, 15th of that line, is one of Britain’s richest men.

Conscious of the great pulpit his scaffold would offer, Lord Russell drafted with the aid of his wife a last statement vindicating his own person and the Whig cause that flew into print before the onlookers at Lincoln’s Inn Fields were dipping their handkerchiefs into his martyrs’ blood.

Nor did I ever pretend to a great readiness in speaking: I wish those gentlemen of the law who have it, would make more conscience int he use of it, and not run men down by strains and fetches, impose on easy and willing juries, to the ruin of innocent men: For to kill by forms and subtilties of law, is the worst sort of murder …

I never had any design against the king’s life, or the life of any man whatsoever; so I never was in any contrivance of altering the government. What the heats, wickedness, passions, and vanities of other men have occasioned, I ought not to be answerable for; nor could I repress them, though I now suffer for them.

These notices drew furious confutations from Tory pamphleteers aghast at the face these traitors had to forswear their malice against King Charles; a battle of broadsides to control the historical narrative ensued, and was resolved in the Whigs’ favor by the imminent conquest of power by the aforementioned House of Orange. The Whig-aligned William and Mary reversed Lord Russell’s attainder in 1689 — but that’s never stood in the way of historians’ debates.

In a much lower historical register, Lord Russell’s execution was egregiously bumbled by the London headsman Jack Ketch, who had to bash repeatedly at the man’s neck before he could remove it from the shoulders. It is largely from this event that Ketch derives his lasting reputation as an incompetent and/or sadistic butcher, mutually reinforcing with Russell’s martyr status.

Ketch would later claim in a published “Apologie” issued against “those grievous Obloquies and Invectives that have been thrown upon me for not Severing my Lords Head from his Body at one blow” that his prey

died with more Galantry than Discresion, and did not dispose him for receiving of the fatal Stroke in such a posture as was most suitable, for whereas he should have put his hands before his Breast, or else behind him, he spread them out before him, nor would he be persuaded to give any Signal or pull his Cap over his eyes, which might possibly be the Occasion that discovering the Blow, he somewhat heav’d his Body

and besides that Ketch “receav’d some Interruption just as I was taking Aim, and going to give the Blow.” How would you like it if someone came to your workplace and did that?

The damage to Ketch’s reputation was already done. Two years later, en route to the block for a subsequent failed bid to topple the Stuarts, the Duke of Monmouth tipped Ketch with the scornful charge not to “hack me as you did my Lord Russell.” When Ketch botched that execution too, he was nearly lynched — but escaped the scaffold to live on in Punch and Judy and in the English tongue as the definitive lowlife executioner.

* Short for “Whiggamores”, who were Covenanter rebels in the 1640s. “Tories”, by contrast, took their name from Irish Catholic outlaws: each party became known by the slur its foes attached to it.

** Yes, another one of those Howards: this Howard’s great-grandfather lost his head for the Ridolfi intrigue.

† Hampden survived the suppression of Whig intrigues long enough to coin the term “Glorious Revolution” when the Stuarts were finally overthrown

‡ See for instance Lois Schwoerer, "William, Lord Russell: The Making of a Martyr, 1683-1983" in Journal of British Studies, January 1985 for a skeptical-of-Russell reading of the evidence. “The government did not concoct the plot; it was frightened by the revelations, whatever use it made of them. There is no doubt that proposals for an insurrection of some kind were discussed; Russell’s impetuosity and extremism make it more likely than not that he was an active party to these discussions. What is in doubt, since nothing came of the discussions, is how far the parties had gone in developing a concrete plan for a rising.”

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