May 25th, 2016
On this date in 1726, two men hanged on Dublin’s St. Stephen’s Green.
We meet these men, as we often do in this period, through the cheap hang-day publications that were hurried to press to sell for the occasion, and since in this instance we have two such brochures for the same event, it is a handy occasion to turn our gaze upon these ubiquitous ephemera.
Then as now, publishing was a perilous hustle forever beckoning its practitioners to shady expedients further to enhancing narrow margins.
Public executions — especially those of particularly notorious offenders — were pretty much the clickbait of broadside printers, and this one weird trick they could resort to was hawking rival pages each purporting to be the “last words and confession” of the poor sap on the gallows. Competition for access to a condemned fellow was intense, and where there could be the least question as to authenticity (for formulaic plausibilities could easily be hung around the handful of publicly discoverable facts) printers made free to use these solemn partings to take astonishingly vituperative shots at their commercial rivals* — a sure irreverence entirely in keeping with the carnivalesque orgies for which public hangings became infamous. Here a huckster whose main purpose is to use a dying man’s last passion to retaliate a rival scribbler’s previous libel, there a future gallows-bird relieving a gawker’s pocket of the penny he meant to waste on the tabloid.
Well might we latter-day ghouls thank these unprincipled pushers: their scandalous documents, be they ever so compromised and artless, constitute a rare and precious glimpse into the criminal class of the early modern world.
We are indebted in this instance to James Kelly’s fascinating Gallows Speeches From Eighteenth-Century Ireland, a book we have previously cited, for the two rival, contradictory, and mutually recriminatory broadsides recounting this execution. As Kelly’s own introduction notes, the mere existence of multiple competing reports — which we here humbly present for the reader’s discretion — does underscore “that public demand could sustain this volume of publication in individual instances.” And that fact alone would surely make the list of 26 secrets to make it as a printer in the the 18th century.
The True Last Speech, Confession, and Dying Words of
Mr. James Stevens and Account of Patrick Barnwell
who are to be executed at St. Stephen’s Green, on Wednesday the 25th Inst. May, 1726, being condemn’d for feloniously taking from Mr. Philip Kennersly of Dame-street, a Glas-case, Value 50l.
If it were not usual for Men of every Degree, in my unfortunate Circumstances to make a Kind of Declaration at their Death of their past Behaviour, I shou’d not, as at this Day, nor even should the above mention’d Considerations move me to make this, my Only and Last, were I not sensible of the many Villanous [sic] Falsities, which might be publish’d concerning my unhappy Fate, by Persons of the vilest Characters themselves; such as one Hoy in Pembroke-Court, who publish’d a scandalous and wicked Paper on the last poor Wretches that suffer’d, under the name of G.F. or George Faulkner, a Person known to have no Being in this Kingdom, this long Time past, altho’ make his Tool and Screen for scandalizing the Chiefest of our Just and Good Governours, as vilely as the poor undone Wretches: Beside him, there is another as notorious for the like Villainy, living at the Rein Deer in Montrath-Street, unworthy, and noted for the above named wicked Practice. On these Considerations only, then I say, I the unhappy and unfortunate James Stephens, have thought fit to tender to Richard Dickson of Dame Street, Printer, THIS, for Publication, as he thinks proper.
FIRST, Then, since I see it is the Will of the most High God, whose Name be for ever Blessed, That in this World I should be brought from my Former happy, to this Wretched state, I submit, beseching [sic] humbly for his most Gracious mercy and Forgiveness for my manifold Transgressions in the Follies of my youth, and misspent Time, which began in the City of London, where I first Drew my Breath, being an entire Stranger here, of Creditable and Honest Parents, who Bred me Tenderly and well, till I was able to go Apprentice, which Time I serv’d to an Image-maker, after I had done with him, I Work’d for my self, and growing worth money, after I had spent some of my untainted Youth, in the Service abroad, belonging to the Ordnance, I set up to keep Hire-Horses, for the Court, in Nature of the great Mr. Blount, in the Parish of St. James, having Licenc’d coaches, and dealing for upwards of 500l, a year, till many Misfortunes comming [sic] on me, I was oblidg’d to leave my Native Country, and on a Woful [sic] Day, I came for Ireland with some small matter of Money, about a year since, where I follow’d making Images, till I came acquainted with the vile Woman Eleanour Fenly, who to save her Life at Tryal falsly [sic] said she was my Wife, Poverty forceing me to keep first with her, she pretending to have Friends who would make my Fortune, which alas! they have, it being her Brother, Fernando Fenly, and his Accomplice who swore my Life away, in declaring That about the 25th of March, last I have a Box of Goods, which were Mr. Kennersly’s, afterwards found in his Custody, and that I paid him 2 Shillings for carryage from the Sun Inn, in Francis Street, to Ross, which I vow all False, nor was I e’er Guilty of what was sworn, tho’ for it I must dye, having no Friend to appear for me, yet with the Constancy of a Christian who can accuse himself, of no great Crimes I go to meet my Fate, Dying in Charity with the World.
But this I further for my Innocency declare, I ne’er had Intention to rob Mr. Kennersly, nor e’er sold any of his Goods, but going into the Country with the Aforemention’d Eleanor Fenly to her Brother’s in Loghreagh, where he lives well; she came in Company with one Byrn, a Fellow [I] did not like and who resolv’d I suppose to do us an Injury, upon which I quarrel’d, and happening to be damag’d by some People in Caterlogh. I resolv’d to get Justice of which, being by ‘em suspected, they got me apprehended on Suspicion of an idle Person, and Nell Fenly getting some Toys to sell there, she was discover’d at that time, on which her Brother made the Examination aforesaid, against me, which caused me to be transmitted and tryed upon it, to save his own Life; she as I before said, escaping by alledging she was my Wife &c. I may likewise add, that had not my Fellow Sufferer hop’d to have sav’d his Life, he cou’d have clear’d me, for which I pray God forgive him, And now Dear Christians, I have nought to say, but heartily beg that some of you, who shall see me dye, out of mere Pity to my unhappy State, (an entire and poor Stranger) will cover me with Earth, an Hindrance to those Men whose Business it is, to keep forlorn Wretches from their Graves, for private Practice o’er their mangled Bodies. I now conclude begging your Prayers to God for my Forgiveness, being about 37 Years of Age, A Protestant Member of the Church of England.
PATRICK BARNEL Who is to dye with Mr. Stephens, on the Persuasion of some Friends has declin’d making further Confession, than to his Ghostly Father, which he desires so might be forth, lest any imprudent Person should pretend he had made any Speech, giving no further Account of himself, than that he was pritty [sic] well educated, and when young, that he serv’d Major Arthur, to whom he owns great obligation, that after he left him, he went to serve a Weaver, whose Business he after, follow’d, dating his Misfortunes to begin in being concern’d in Mr. Kenerslys Robbery; to whom he afterwards gave up several Things in hopes to save his Life. He Dies a Roman Catholick, begging the Prayers of All good Christians.
Mr. Gray having by Gracious Mercy, obtained a Reprieve, ’tis hop’d no notice will be taken of the absurd Pieces, design’d and publish’d, by the said Hoy in Pembroke Court, or under any feign’d Name whatever, which is notoriously known to be intended by Hoy, who surely will cheat the Publick with some scandalous and lying Paper, intitled a Speech to the abovenamed unfortunate Men, in prejudice and defamation to the Printer hereof, who unwittingly gall’d hiim, in saying th’other Day, He look’d like Death, when a Person affirm’d to his Face, in the open street, he said he was a MOLLY, (term well known for Sodomite) a charge so bold, that it might be wished, before he strives to taint another’s, he’d clear his own Character, from that Aspersion, if so it may be term’d.
Printed by Richard Dickson, and Gwyn Needham in Dames-Street.
The Last Speech, Confession and Dying Words, of
Patrick Barnel, and James Stephens
who are to be executed at St. Stephens Green, this present Wednesday, the 25th of this Inst. May, 1726. For the Robbery of Mr. Kinnersly in Dames-Street.
The Speech of James Stephens.
I James Stephens, was born at Cheswick, about five Miles from London: my Parents put me to a free School to learn to write, where I had the Character of an unlucky Boy. At 14 Years of Age, I was entertained by the celebrated Jonathan Wilde, under whom I arrived to such Dexterity in Picking Pockets and Impudence in bare-fac’d Robberies, that I robb’d on a Play Night in Drury Lane Edward Martin, Esq, of 75 Guineas and a Gold Watch. My honest Master for the sake of a Reward of ten Pounds for the Discovery of the Persons who committed the Robbery, made Oath that I was the Person.
But I having Timely notice of it, fled to France, where I with some others Rob’d and Murder’d Mr. Lock, and the English Gentlemen in his Company, then I took Shipping at Calais, and landed at Cork, where Information in a little Time was given against Me, for several Robberies; this obliged me to come to Dublin, where I most impudently perform’d that unparalleled Roguery of Stealing a Glass Case with Rings, Silver Spoons, Snuff-Boxes, &c. to the Value of Seventy Pounds from Mr. Kinnersly Goldsmith in Dame Street. I heartily and sincerely repent of my horrid Crimes, and desire the Prayers of all my Fellow Christians. I dye an unworthy Member of the Church of England.
The Speech of PATRICK BARNWELL
Good Cristians, [sic]
I Patrick Barnel was born in the County of Dublin of Poor, but Honest Parents; their mean Circumstances was in a great Measure, the Cause of my Present Misfortune, for they could not give me any Education, and I was often obliged to take away from the little Children of the same Town their Victuals to satisfie my Hunger, when I was a Boy, I stole several little Things, and escaped without Punishment.
I was induced to commit great Rogueries; I became acquainted with a Gang of Tories who kept their Rendevouz [sic] in the County of Kerry with whom I committed such Cruel and Barbarous Actions, that we were all Obliged to disperse and shift every one for himself, it was my Fate to come to this City where I had not been above Six Months, before I introduced into the Company of my ellow-Sufferer, who was the Head of a Gang of about a Dozen, having no Manner of Subsisting myself.
I committed several petty Thefts with him and others, and at last that most notorious one for which I now die, I cannot deny that I am guilty, but having a true sence of my Crimes, I repent of them, and I desire your Prayers for my soul, I die a Member of the Church of Rome in which I was bred, and the Lord have mercy on my poor Soul.
N.B. On Sunday last, one Dickson a Printer who publishes Papers under the Name of G Needham, came to us in Newgate, and we not thinking him a proper Person to make any thing publick from us. We desire the publick be aware buying any Speech of ours from him, for whatever is printed by him is an Imposition of the Town, and can only be excused by his saying, He is a poor Boy, and must endeavour to better his miserable Circumstances, and maintain himself and his little Family. He had already advertised, that he has the Speech of one who is not to die.
Dublin: Printed by G.F. in Castle Street.
* The emoluments available for intermediating the sentiments of the hanged become quite obvious through the lucrative quasi-monopoly the Ordinary of Newgate was able to establish around his privileged access to London’s condemned.
On this day..
Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Ireland,Public Executions,Theft
Tags: 1720s, 1726, broadsheets, dublin, james stephens, literature, may 25, patrick barnel, print, publishing
May 14th, 2016
Purple prose for a broken neck from the San Francisco Bulletin of May 14, 1873. Transcribed below is only the first third of the article — the remainder being dedicated to accounts of various other previous San Francisco executions.
This day has been marked by an event of signal import in the history of this city, wherein the slow hand of justice, after a lapse of many years, has overtaken one of the class of reckless criminals who have reveled in rapine and bloodshed, bringing reproach on the fair fame of San Francisco, and red-handed murder has expiated its guilt by the righteous penalty of ignominious death upon the scaffold.
Whatever may be the abhorrence of capital punishment commonly experienced by a portion of the people, while contemplating the events of the past few years, the tardy and uncertain sway of justice, a sense of satisfaction and increased security will be inspired in the whole community by the announcement of John Devine, “The Chicken,” has met the fate which the law prescribes for the destroyer of human life, and there is one murderer less in San Francisco.
From the infamous character of this man, and the terror which his deeds of violence excited through a long course of comparatively unpunishable crime, ere consigning him to oblivion, the public will be interested in a brief sketch of the
Career of the Murderer.
The man who has now paid the penalty of his last dark crime, leaves a record which has no parallel among the many depraved wretches who have figured in the brief but terrible criminal history of San Francisco, and perhaps the half has not been told.
The police officials considered him the most dangerous and unscrupulous criminal that infested the city, and hint at mysterious deeds of blood, never unravelled by the minions of justice, with which he is believed to have been connected. In truth, he was a fellow by the hand of nature marked, quoted and signed to do a deed of shame — apt, liable to be employed in danger with neither pity, love nor fear.
Devine was a native of Waterford, Ireland, where he was born in the year 1840, and was accordingly 33 years old at the time of his death.
He was of medium size, sharp features, dark-blue eyes, a low forehead, and generally repulsive expression of countenance.
He arrived in San Francisco in the year 1863, as a seaman on the clipper ship Young America.
On the voyage hither he distinguished himself as a quarrelsome fellow, and was frequently confined in irons to restore the discipline of the ship.
After squandering the wages he received in a short spell of carousing on shore, he was driven to the sea again and made a voyage to China, returning in the spring of 1865. He then obtained employment as a runner for sailor boarding-houses, in which capacity he perpetrated innumerable deeds of ruffianism in the “shanghaing” of sailors and citizens on outward bound ships. Shortly after engaging in this vocation he received the title of
Which was endearingly conferred by one of his fellows, as significant of his prowess in a prize-fight.
Devine had four notable encounters of this order, in the city and vicinity, and displayed remarkable endurance and determination, though not always successful.
His career from the time of setting himself on shore was one continuous round of crime, and he is well suspected of having a knowledge of the manner in which many a corpse found floating in the bay, with fractured skull and rifled pockets, yielded up i[t]s life. His record on the police register shows
Up to May 16, 1871, when his final arrest for the crime of murder was made.
The charges against him embraced all manner of crimes, principally robberies and assaults with deadly weapons, it being his custom to assault his victims with slung-shot and brass-knuckles. His recorded crimes, however, are not supposed to embrace any near approach to the ull measure of enormities that were charged upon his guilty soul.
He was capable of the most savage treachery, and on one occasion attempted the murder of a prize-fighter named Tommy Chandler, by springing upon him from behind a door with a heavy iron bar. Being foiled in this, he subsequently shot Chandler, but not inflicting fatal injury, he got off with a short term of imprisonment on conviction of assault to murder.
A Characteristic Exploit.
On the 8th of June, 1867, about 6 o’clock in the morning, Devine assailed an aged German lady, named Mary Martin, as she was walking along Merchant street, near Battery, tore the pocket from her dress, and robbed her of a purse containing a check for [obscure] and $25 in coin.
For this robbery he was arrested, and released on bail, for notwithstanding the character he bore, he was usually enabled to find friends to go upon his bond in a certain part of the city.
When the case came up for trial officers went in search of Mrs. Martin, who had resided at a house on Powell street, as the important witness for the prosecution of Devine. The lady had disappeared.
What became of her was never known; but it was possible that Devine might have told. Passing over a list of comparative minor offences, such as knocking down and robbing people, the next noticeable affair in which this remarkable criminal figured was the
Attempted Murder of Miss McDonald.
On the night of the 9th, October, 1867, Miss Martha McDonald was standing in front of her place of residence, at the Mission, when she was suddenly seized by two men who were masked.
She was gagged by a handkerchief being forced into her mouth, and prevented from giving any alarm. In this condition the men dragged her a distance of two blocks and a half, to the bridge which crosses Mission Creek at Sixteenth street.
One of the two then started, according to the directions of his companion to “get the carriage.”
Being left in the custody of one only, Miss McDonald made a desperate effort to release herself. The fellow attempted to chloroform her; but the drug being spilled from the bottle, he then endeavored to secure her with a strap.
At this juncture the other man returned, and she heard the exclamation, “kill her, kill her!” A moment after she was pushed off the bridge, and fell into the muddy waters of the creek, while the two men who had abducted her ran away.
Slowly and surely she was sinking into the muddy bottom, with no assistance at hand, until the water was about her neck. Fortunately an alarm of fire started some person past the locality, and her cries of distress being heard, she was discovered and rescued.
Devine was arrested as one of the participants in this crime, and Miss McDonald positively identified him by his voice. Devine extricated himself from the affair by proving an alibi, it appearing that he was serving a term in the County Jail at the time of the attempted murder.
It subsequently transpired, however, that he held the privileged position at the County Jail of “outside trusty,” and was permitted to travel to all parts of the city at will in the performance of errands for prisoners in more restricted limits. And more than this, he was abroad at the very time the abduction of Miss McDonald was made.
The Loss of a Hand.
In the month of May, 1868, Devine was indulging in one of his periodical carousing spells, and often bringing terror to several of the resorts on his beat at the city front, he entered a boarding house kept by William Maitland, on Battery street.
Here he flourished a huge knife with the recklessness of a savage, and caused a precipitate retreat of all who happened to be in the place.
The proprietor had been asleep in the second story of the house, and hearing the uproar, came came down for a reconnaissance. Devine immediately started for him when he made his appearance, but Maitland was not of so yielding a disposition as to be driven from his own castle, and closing with Devine, he succeeded in disarming him.
The latter then made an attempt to recover the knife, when Maitland with a powerful stroke cut him across the wrist. The blade, by wonderful chance, entered the wrist joint, and the completely severed hand fell to the floor.
Devine was appalled for once in his life, and hurriedly departed; but presently he returned and demanded his lost hand, which Maitland kicked out upon the sidewalk to him. Devine took the severed member and hastened to a drug store, where he implored a clerk to try and sew it on again. But the injury was irreparable.
Devine as a Merchant.
After a season of retirement in the County Hospital, Devine emerged as far repaired as medical science would permit, and being a cripple, his condition excited the pity of boarding-house masters and others at the city front with whom he had been associated.
A contribution was made among them, amounting to $800, to enable Devine to establish himself in business by keeping a cigar stand.
He took the money, but instead of following the advice of his benefactors he squandered the whole sum in a few weeks of dissipation, and again returned to the pursuit of crime with all his previous energy.
He was associated with a woman named Mary Dolan, as bad as himself, and who was punished by terms of imprisonment in the County Jail and Penitentiary.
From the time of losing his hand up to his final arrest, he perpetrated numerous larcenies, some of considerable amounts, and was always busily engaged in thieving when not confined in jail.
A complete history of this man and his offenses would be one of the most appalling in the annals of crime. Such was John Devine, and rarely has the slow grip of justice overtaken a criminal more richly deserving of the severest penalty known to the law.
Murder of August Kamp.
The crime which John Devine has now expiated with his life, was one of the most cruel and wanton ever recorded in a civilized community, and could only have been accomplished by one utterly depraved.
It was in perfect keeping with the whole life and character of Devine, who had become callous to every impulse that elevates a man above the merest savage.
August Kamp was an unsuspecting young German, without relatives in the country. On the 10th of May, 1871, he arrived in the city from Antioch, where he had been employed, bringing with him his savings, to the amount of about $120.
He started immediately in search of employment, and while making his inquiries along the city front, he was met by Devine, who offered to procure him a situation on a fishing vessel.
Elated with this promise, young Kamp was persuaded to loan $20 to Devine, on the understanding that it would be repaid him the following day. The money was not returned as agreed, and Kamp finally suspecting the true character of his debtor, importuned him earnestly for his pay. Devine put him off repeatedly, at one time pretending that he had nothing but greenbacks on hand, and again making some other excuse.
On the 15th of May, Kamp having again demanded his pay, Devine told him that if he wanted the money very bad, he must go with him to his mother’s ranch, beyond Bay View. Accordingly the two started for the imaginary ranch, walking as far as Long Bridge, when they boarded one of the Bay View cars. On reaching the terminus of the railroad, the two got off the car and walked along the road. After passing the Five-Mile House, Devine pointed off to one side, saying that his mother’s ranch was in that direction, and by striking off across the fields instead of following the road they might save a distance of one mile out of two. Young Kamp assented and the two started across a lonely stretch of land, through vales and over hills, until a point was reached which the murderer thought sufficiently secluded for carrying out his design.
Kamp stooped down to crawl between the rails of a fence, Devine walking behind him, when the latter suddenly drew a pistol and fired the fatal shot, the ball entering Kamp’s skull behind the right ear.
Devine then ran away, supposing he had effectually dispatched his victim, and was seen hastening back alone to the railroad terminus.
Kamp was shortly after discovered by a Spaniard, who was herding sheep in the locality, and being still able to walk, he was assisted to a saloon on the road, and from thence brought in to the city and given in charge of the authorities.
From the representations which the mortally wounded youth could make, and other circumstances, the police were immediately confident that Devine was his murderer, and measures were at once instituted for his arrest.
He was traced to various places in the city, where he had boasted of obtaining money by an easy method, admitted to several that he had shot a man and endeavored to dispose of a revolver.
He was finally captured on board a steamer at Meiggs’ wharf, which was just about crossing over to Marin county, and the revolver, with two chambers discharged, was still in his possession.
At the City Prison he was placed in the midst of fifteen or twenty persons, and Kamp, who was yet rational, readily singled him out as the murderer. He walked up and placed his hand on Devine, saying, “You are the man that shot me.” Kamp was taken to the County Hospital, and every effort made to save his life, but without avail.
Just before his death, which occurred on the 5th of May, an effort was made to take his ante-mortem deposition, but unfortunately the Coroner arrived too late, and the important evidence of the murdered man was not secured in the case.
The chain of circumstances presented in the several trials, however, made out a case against the accused as strong circumstantial evidence could be drawn, and a doubt of his guilt was hardily admissible.
The First Trial
Was brought in the Twelth District Court, before Judge McKinstry, on the 20th of February, 187, and occupied eight days, resulting in a verdict according to the indictment of “murder in the first degree.” The Court sentenced Devine to be executed on the 25th of April, 1872.
Judge Tyler, counsel for the condemned, appealed to the Supreme Court for a new trial on mere technical grounds, his principal point having reference to a minor discrepancy of evidence of one witness as taken before the Coroner at the trial. Although the several points did not affect the merits of the case in the least, the appeal was successful, and to the efforts of most indefatigable counsel the wretched man was indebted to an extension of his lease of life a full year.
The case was brought to a second trial in March last, in the same court. In the meantime an important witness had died, and the prisoner and his counsel were exceedingly hopeful of founding complications on this circumstance equal to another successful appeal to the Supreme Court.
After another tedious trial the inevitable verdict of “guilty” fell upon the ear of the doomed man for the second time, and he was again sentenced to be executed on Friday the 9th of May.
Hope was still buoyant in his breast, relying upon the determined goal of his counsel, until the 7th, when the announcement was made that the Supreme Court affirmed the judgment of the lower court, and his fate was sealed beyond the further probability of human interference.
By the earnest intercession of the spiritual adviser of the condemned prisoner, the Governor was persuaded to grant a brief reprieve of five days, in the hope that the guilty wretch, with the certainty of speedy death before him, might finally yield to the ministrations of his anxious spiritual adviser, Rev. Father Spreckles, and meet his end in a penitential spirit.
During his long term of imprisonment Devine manifested a bearing of bravado, never believing that merited retribution would finally overtake him, and on several occasions he laughed to scorn kindly persons who ought to impress him with a realization of his terrible position, and turn him to preparation for another life. By a
His execution occurred two years to a day from the commission of the murderous act that consigned him to death at the hands of justice, and in his case it may be said, “God’s mills grind slow but sure.”
After receiving his brief reprieve from the Governor, Devine realized that no earthly interference could avail him further, and he relinquished all hope of life.
At his own solicitation all visitors were ecluded from his cell with the exception of his spiritual advisers, and he gave himself earnestly to preparations for the awful change that awaited him, in the few hours that still remained.
At times he wept bitterly when exhorted to a contemplation of his guilty life and true repentance, and the consolations of religious faith seemed to reconcile him to his fate, and enable him to await his end with fortitude.
On Monday he received the Sacrament of Communion from Rev. Father Spreckles, and Archbishop Alemany conferred upon him confirmation in the Roman Catholic Church.
On the succeeding days Devine assumed an air of cheerfulness. On Tuesday he asked permission of the Sheriff to be shaved, which was granted, the precaution first being taken to bind him securely to guard against any suicidal designs. His ostensible wife, Mary Dolan, was in jail at the time of the execution, having been committed a few weeks since for her common offence of habitual drunkenness.
Parting With His Son.
Devine also had a son, a child of six years of age, whom he had not seen for several years, and he expressed an earnest desire to see him before his death.
The Sheriff and his deputies were anxious to gratify this last request, and visited the various charitable institutions in the city yesterday, endeavoring to find the child.
Devine last heard of him at the Protestant Orphan Asylum, where he had caused him to be placed immediately after his arrest for murder, the mother, Mary Dolan, being unfit to care or provide for him in consequence of her continual drunkenness and frequent detentions in jail.
The lad had been removed from the Orphan Asylum, but the Sheriff happily discovered him in charge of the Ladies’ Relief Society, comfortably provided for.
When the child arrived at the cell of his wretched father last evening, Devine was much affected, and exhibited instincts of humanity he had never known before. He embraced his offspring tenderly, wept over him, and implored him to shun the evil ways that had brought his father to ignominious death, and when the lad was finally removed, he clung to him with convulsive throbs, as if parting with the only object that had ever awakened the emotion of affection in his breast.
Last Hours of the Doomed Man.
Devine retired at about 10 o’clock last night after devotion with his spiritual adviser. He slept soundly through the night until 5 o’clock this morning, when he was awakened by the Jailor.
In reply to the inquiries of the officer, he said that he had enjoyed refreshing slumber, as one could who had a clear conscience. He dressed himself with care, and gave much attention to combing his hair neatly and arranging his toilet, having been provided with a new suit of black and a pair of slippers.
At 8 o’clock he ate a hearty breakfast, and shortly after his spiritual adviser, Rev. Father Spreckles, Archbishop Alameney [sic] and two Sisters of Mercy arrived. The doomed man devoted the remaining few hours of his life to fervent supplications for mercy.
As the hour for the execution approached, the wickets in all the cells were closed, the “trustees” allowed the limits of the Jail were locked up, and the condemned murderer Russell was taken to a remote part of the jail and locked in the room formerly occupied by Mrs. Fair.
At 11 o’clock the reporters of the press were admitted and allowed to inspect the preparations for the execution.
Was laid across the railings of the upper corridor at the north end, the trap in the centre permitting the body to drop to the lower corridor within about three feet of the floor, the rope allowing a fall of six feet.
The gallows beam was extended above under the skylights, the ends resting in the ventillating apertures on either side.
On the west side of the scaffold an iron rod run up, to which was attached a cord, secured to a ring in one of the cell doors, the slipping of which drew the bolt by a weight and allowed the trap to fall. The gallows was the same used in previous executions, the last murderer who had stood thereon being the Chinaman, Chung Wong, who was executed in 1865.
At twenty minutes to 12 the Sisters of Mercy took their leave of Devine, and shortly after, attended by the Sheriff and the priests, Devine was conducted from the No. 1 cell near the entrance of the lower corridor, which he had occupied since his fate became sealed, to No. 41 cell in the second corridor, which was located nearly opposite the steps leading upon the scaffold. He looked pale and haggard, but a smile rested upon his countenance as he passed the group of reporters at the foot of the stairway.
He ascended the stairway with a light elastic step, and seemed to look car[e]lessly at the gallows as he tripped along the gallery.
At half past 12 o’clock an immense crowd had gathered in the street in front of the jail, and on all sides of the building where a position might be obtained to observe even the grim walls within which the dread scene of violent death was being enacted.
The Sheriff then admitted all those who had received permission to be present, to the number of about two hundred. The spectators included several Sheriffs from adjoining counties, members of the Board of Supervisors, physicians, city officials, and upwards of thirty reporters of the press, among the latter being representatives of some of the Eastern papers, and artists for the New York illustrated journals.
The reporters were assigned a position directly in front of the scaffold, in the west gallery of the upper corridor, and the physicians took their places within the line on the floor of the lower corridor.
The prisoner remained in his cell engaged in his final devotions, while the tramping of many feet and the subdued murmur of voices without, reminded him of the relentless hand of Justice, eager to close his career.
The corridors, above and below, were greatly crowded, while the side openings, below the sky lights, in either, were completely occupied, their appearance suggestive of the private boxes of a public exhibition.
At a quarter to 1 o’clock, the Sheriff directed his deputies to their positions upon the scaffold, and immediately after he entered the cell of the doomed man for a parting interview of brief duration.
On emerging, Sheriff Adams mounted the scaffold and stated to the spectators that it was the wish of Devine that all should preserve silence and ask him no questions.
At two minutes before 1 o’clock the Sheriff opened the door of the cell and Devine emerged, carrying a crucifix in his hand and followed by Father Spreckles. He ascended the steps to the scaffold with closed eyes, manifesting symptoms of weakness, and though bearing up with great power of nerve, the expression of his countenance and the twitching muscles of his throat indicated the welling up of inexpressible agony of soul.
While standing upon the scaffold his eyes remained closed, while Father Spreckles, taking the crucifix, continued whispering the consolations of the Church in his ear.
The death-warrant was hurriedly read by Deputy Lamott, but Devine gave no heed thereto, attending closely to the ministrations of Father Spreckles and frequently kissing the crucifix with much fervor as it was placed to his lips.
At the conclusion of the reading of the warrant, ailor McKenzie bound the doomed man with straps. One was passed round his breast and pinioned the arms at the elbows, another at the waist pinioned the wrists, and two other straps were secured about the knees and the ankles. The rope was then placed about his neck, the large knot of the noose fixed under the left ear.
Last Scene of All.
The murderer now stood upon the verge of the unknown. He opened his eyes for the first time upon the scaffold ere quitting the warm precincts of the cheerful day, and cast one longing, lingering look behind.
The bright sunshine shimmered through the skylights into the gloomy corridor, and wrought the shadow of the gallows-beam before him.
Loud laughter and the murmur of the thoughtless crowd without disturbed the awful stillness that reigned within.
Nerving himself for the last moment, Devine exclaimed with a loud voice, “Oh, my sweet Jesus, unto thy hands I commend my spirit. Amen.” He kissed the crucifix again, and the black cap was drawn over his head.
The spectators awaited with bated breath.
A moment more and a dull grating sound lie the swinging of a gate, broke the solemn stillness, and the soul of the murderer had passed out.
As the trap swung, Devine dropped about six feet, a sharp snap indicating that his neck was broken. A few convulsive throes succeeded for a moment with drawing up of the knees, and death resulted speedily with little pain. The physicians made the usual observations, and pronounced life entirely extinct in less than 15 minutes. The execution was most successfully carried out in every detail.
The spectators commenced leaving the jail immediately after the fall of the drop, excepting the few whose presence was required to sign as witnesses of the due execution of the sentence. The large crowd without lingered until the afternoon was well advanced, in morbid curiosity, discussing the death and career of the departed murderer.
On this day..
Entry Filed under: 19th Century,California,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,USA
Tags: 1870s, 1873, jim devine, may 14, san francisco
May 12th, 2016
Robert Smith hanged in Dumfries on this date in 1868 — the last man publicly executed in Scotland* before the advent of private hangings later that same month of May.
Though inclement Scottish weather kept the crowds at bay on the occasion, Robert Smith was a notorious villain for his season in the public eye, as the ensuing newspaper reports will attest.
His death mask is still kept at the Dumfries Museum and Camera Obscura.
The Sheffield & Rotherham Independent, Feb. 8, 1868:
FRIGHTFUL CRIMES IN DUMFRIES-SHIRE
On Sunday, the Scotch police apprehended in Carlisle, Robert Smith, whitewasher, aged 20, for an awful crime. On Saturday evening, near Cummertrees, Dumfries-shire, he took a girl, aged 14, into a wood, where he robbed her of 7s. 6d., hung her to a tree, and when dead cut her body down. Afterwards he entered a cottage at Longford, and stabbed a woman named Jane Paterson so fearfully about the neck that death is expected.
The following are additional particulars of this shocking crime: — A murder bearing a horrible resemblance to that lately committed at Alton has just startled the county of Dumfries. It appears that on Saturday afternoon, between 3 and 4 o’clock, a young man, named Smith, who earns a living by jobbing and labouring about the country, was observed by a woman, named Patterson, to take into a wood near to Cummertrees, a village between Annan and Dumfies, a girl, about fourteen years of age.
The woman, as it turned out, had been observed by the ruffian, for some time afterwards he entered her house at Longford-cottages and felled her to the ground. While down he attacked her with his knife and inflicted five stabs about her neck. Her cries alarmed three young men who were passing, and who rushed in to her assistance. The ruffian had meanwhile escaped.
On the poor woman recovering, she related what she had seen near the wood. Information was given at the nearest police-station, and on the party going to the wood they saw a horrible sight. The girl with whom the villain had been seen was found to have been robbed and murdered, after another atrocious crime had been committed. The murderer had hanged her up to a tree & then cut down her body.
Pursuit was at once commenced, and Smith was apprehended on Sunday. He had gone to a farm-house, where blood was observed on his clothes, and in his pocket was found a leather shoelace tied in a noose. There is little doubt that he is the murderer.
The atrocious affair has created the utmost horror. Another account states that the poor little girl is the daughter of a shoemaker at Cummertrees, named Scott, and that she was going to Annan to purchase groceries; that she stopped for shelter at a cottae on the road, and the supposed murderer, Robert Smith, a farm labourer, aged 20, known in the neighbourhood, arranged to accompany her. The man and girl left the cottage together at noon, and the latter was never seen alive again. It was 3 in the afternoon before Smith returned to the cottage and made the murderous attack upon the woman, with the design, as it is supposed, of preventing her from giving evidence against him.
Some additional facts have come to light.
It appears that the prisoner had, after murdering the little girl, gone on to Annan, and there purchased a pistol, with the necessary ammunition, such as powder, shot, and caps. The pistol has since been found in Longford Cottage, and the woman, who can tell a short story, states that after being struc she heard a pistol fired off, though she was stunned at the time.
Robert Smith, or Colvan, the perpetrator of the shocking outrage, is a native of Eaglesfield, near Kirtlebridge, in the county of Dumfiresshire. His mother died when he was about eight years of age. He was then taken charge of by an uncle, named Michael Smith, whose name he has since borne, though Colvan is his right name.
At the age of nine he was cast on the world to fight for himself. He commenced to work about some limekilns in the neighbourhood, and subsequently as a farm servant. During last harvest he found work on Longford Farm, where also the husband of the woman he so brutally mangled was employed.
Mrs. Creighton is progressing more favourably than was at first anticipated, and hopes are now entertained of her recovery.
Nottinghamshire Guardian, Apr. 24, 1868:
THE DUMFRIESSHIRE MURDER.
At the Dumfries Spring Court of Justiciary on Tuesday, Robert Smith, alias Colwin, was charged with the murder, on the 1st of February last, of Thomasina Scott.
The deceased, a girl of tne, was the daughter of a small shopkeeper at Cummertrees. On the morning in question she left home to go to Annan, a neighbouring town, and on her way thither she called at the house of an acquaintance, Mrs. Creighton.
The prisoner, who was a farm labourer, was in the house at the time, and when the deceased departed he too left the house. Some distance from that place the two were seen together.
Two hours later the prisoner returned alone, made a desperate attempt on the life of Mrs. Creighton, and then fled.
Subsequently the deceased was missed and a search in a plantation in the locality discovered her violated and murdered body. Death had been caused by strangulation.
The prisoner pleaded guilty to having committed a criminal assault. — His counsel contended that he was at the time in the state of mind called “moral mania.” — The Jury returned a verdict of guilty; and the prisoner was sentenced to be hanged on the 12th May.
Cheshire Observer and Chester, Birkenhead, Crewe and North Wales Times, May 16, 1868:
EXECUTION AT DUMFRIES.
On Tuesday morning, at eight minutes past eight o’clock, Robert Smith, or Colvin, was hanged at Dumfries Goal [sic], for the murder and rape of Thomasina Scott, a girl, on the first of February last.
Since his conviction the culprit seemed thoroughly resigned to his fate, and recognised the fact that the atrocity of his crime placed the commutation of his sentence beyond the reach of hope.
He expressed contrition for what he had done, and had written to th emother of his victim, asking her pardon.
His demeanour was, however, firm, and even stolid; and though he listened with attention to the ministrations of the chaplain (the Rev. Mr. Cowans), their effect upon him was not very visible. On Monday night he took supper at seven, and the chaplain remained with him till eight; when asked, he declined to receive any other minister.
The culprit rose about six on Tuesday morning. He stated that he had slept well — never better in his life; and, while taking breakfast, he conversed about his impending death with the utmost equanimity. The county authorities assembled in the prison about half-past seven, shortly after which the executioner, Thos. Asern, of York (Calcraft being retained to hang Barrett), was introduced to the condemned man.
He submitted to the process of pinioning, and in the procession to the scaffold he walked with firmness. On the platform he never once faltered, but stood with patience while the hangman rectified an error which he had made, and through which the noose had to be taken off and readjusted.
The drop fell at eight minutes past eight; the culprit struggled and swung a little, but in two minutes the body ceased to quiver.
The weather was raw and wet, and, in consequence, the assembled crowd was small. Some women shrieked when the unfortunate youth was led up the ladder, but otherwise all was orderly.
* By coincidence, Dumfries also hosted Scotland’s last public hanging of a woman.
On this day..
Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Milestones,Murder,Public Executions,Rape,Scotland
Tags: 1860s, 1868, cummertrees, dumfries, may 12, robert smith, thomas asern, thomasina scott