As it was put by the sadly defunct Shot At Dawn site (still preserved at the Wayback Machine), “The cemetery register of Poperinghe New Military Cemetery states that Lt. Eric Skeffington Poole died of wounds on 10 December 1916. Tactfully, it omits to record also that his death was caused by a British Army firing squad.”
A Canadian-born engineer, Poole had enlisted in the very first weeks of the war and been commissioned an officer by May 1915.
In July of 1916, a falling artillery shell struck so close that its concussion knocked Poole down, spattering him with earth. He was hospitalized for shellshock but returned to duty in September — still complaining of rheumatism and feeling “damned bad.”
One night in October as his unit moved up to a forward trench, Poole disappeared from it — nobody knows how or when, but he wasn’t there when it mustered at its new position at midnight. He was detained two days later, wandering well west of the trenches, a leather jacket hiding his private’s tunic … “in a very dazed condition,” an officer who interviewed him would later remember. “From conversation which I had with him I came to the conclusion he was not responsible for his actions. He was very confused indeed.”
Evidence collected in Poole’s desertion trial pointed to a man taxed beyond his capacities by command responsibility and the strain of two years at war. His division commander recommended against the court martial, for Poole was “not really accountable for his actions. He is of nervous temperament, useless in action, and dangerous as an example to the men” — but still “could [be] usefully employed at home in instructional duties or in any minor administrative work, not involving severe strain of the nerves.” Another captain in his battalion described him as “somewhat eccentric, and markedly lacking in decision” and liable under pressure to “become so mentally confused that he would not be responsible for his actions.”
By the book the man’s irresolute midnight ramble was a clear instance of abdicating duty, but Poole’s weakness was apparent enough to trouble the court that tried him for desertion — not only to solicit this and other testimony from his comrades about the lieutenant’s state of mind but even to remark from its own observation that his “mental powers [were] less than average. He appears dull under cross examination, and his perception is slow.” Perhaps this was fellow-feeling by other officers that would not have been extended to a mere grunt; if so, what was a mitigating consideration for the court made Poole’s execution a in the eyes of Field Marshal Haig: “Such a case is more serious in the case of an officer than a man, and it is also highly important that all ranks should realise the law is the same for an officer as a private.” Two years in, and somehow not one officer had suffered such a punishment; Shot At Dawn speculated that military courts’ recent shocking verdict excusing Captain John Bowen-Colthurst on grounds of insanity for an atrocity in Ireland had also raised pressure on the armed forces to show that British officers stood not above the law.*
The British army executed 306 of its own soldiers during World War I. Among them, Poole was the first of only three officers.
* The War Office’s decision not to publicize his fate (and the euphemistic reference in the cemetery register) would seem sharply at odds with any intended demonstrative effect.
Out on probation for an armed robbery conviction, this avatar of the classic middle name robbed a convenience store at gunpoint, then shot and killed a deputy who pursued him.
Georgia somehow didn’t have a state public defender system until 2003, a system presenting to the counties who were supposed to appoint indigent defense counsel on a local and ad hoc basis a fine opportunity for callous graft dovetailing the interests of the prosecutor’s office in winning its cases with court’s interest in pinching its pennies.
Accordingly, Baldwin County stuck Holsey with a man to test appellate courts’ standards for minimal representation, an alcoholic attorney named Andy Prince* who was rock-bottoming during the trial to the gobsmacking reported tune of a quart of vodka every night. Prince was disbarred shortly after Holsey’s conviction for robbing another client of $100,000.
According to a tragic Mother Jones profile, Prince, who was white, also happened to get in a dispute around this same time with a black neighbor and hurled some racist invective, which doesn’t seem ideal when your day job consists of trying to keep a black defendant off death row.
The late Prince — he died in 2011 — told an appeals court in 2006 that he “shouldn’t have been representing anyone,” but appeals courts, which must generally find that such “shoulds” clearly “would” have changed the trial outcome, have much less scope to act on the determination.
It’s a massive systemic cheat still in widespread use, albeit not always in such egregious fashion: use some underhanded means to get a death sentence on the books, then argue to every higher court that the deficiency can’t be proven certainly decisive vis-a-vis what might have happened in a fair fight. Do you know Holsey wouldn’t have received a death sentence? He did shoot a cop in the course of committing a violent felony, after all.
There are many general reasons why a robust defense might mitigate a sentence, but the specific reason of interest in Holsey’s case — a reason not litigated by Prince, an omission that likewise foreclosed appeals avenues — was that Holsey was severely mentally disabled.
With a testing IQ around 70, just at the border of the conventional definition for so-called “mental retardation,” Holsey had at the minimum a very strong card for the mitigation phase of the trial — if not an outright bar to execution.** Prince failed to play that card … and as of this date in 2014, American jurisprudence and the state of Georgia determined themselves content to leave it permanently face-down.
* The Guardian article cited in this post calls him Andy Price. As all other media citations I find call him Prince, I’m going with that — but as it’s likely that everyone is copying from the last story instead of doing original reportage, I’m not completely confident that it isn’t Price after all.
** Georgia was actually among the first states to bar the execution of mentally disabled prisoners — although paradoxically its early standard thereafter became one of the nation’s weakest as other states implemented their own over the years. The Supreme Court theoretically bars executing the mentally disabled, but as it has enforced no coherent standard the executing states themselves generally get to decide who qualifies.
On this date in 1683 the English politician and philosopher Algernon Sidney (or Sydney) was beheaded to uphold (so he conceived it) “the common rights of mankind, the laws of this land, and the true Protestant religion, against corrupt principles, arbitrary power, and Popery.”
He was one of the 17th century’s great philosophers of republicanism, and his Discourses Concerning Government was more influential in his lifetime than the work of his contemporary (and fellow-Whig*) John Locke.
Although the pen might be mightier than the sword, Sydney himself did not eschew the more literal form of combat and entered a triumphant battlefield for the Roundheads at Marston Moor. But despite penning a strong defense of assassinating despots,** Sidney’s disapproval of the proceedings against King Charles I — a trial at which Sidney, now a parliamentarian, sat as a commissioner — kept him free of the whiff of regicide.
The Republic that prevailed after King Charles’s scaffold, and in which he continued as an MP, was the closest thing Sidney would experience to the political order his writings expounded. When Parliament was forcibly disbanded in 1653 to give over to Cromwell’s rule, Sidney (like his friend and mentor Henry Vane) would not quit the legislature until General Harrison physically seized him. He sorely provoked the interregnum state thereafter by staging a pointed performance of that tyrannicidal play, Julius Caesar … starring himself as Brutus.
Away on the continent when the monarchy was restored in 1660, Sidney would not lay eyes on native soil again until 1677, when he secured a royal mulligan that also spared him the fruits of various plots he had cogitated while in exile to re-depose the Stuarts with the aid of France or the Netherlands. But he returned as one of the leading men of a Whig faction that increasingly courted the ire of the crown and from whose machinations the arch-republican was in no way dissuaded.
Sidney’s prosecution as a party to the Rye House Plot to murder King Charles II helped to earn the new Lord Chief Justice George Jeffreys his reputation as a notorious hanging judge: promoted to the post weeks earlier as a reward for his prosecution of Sidney’s alleged conspirator Lord Russell, Jeffreys stacked the trial against the defendant leading Sidney to issue from the scaffold a lengthy disquisition on the iniquities of the court. (Notably, Jeffreys circumvented a standard requiring two witnesses to prove treason by ruling that Jeffreys’ own writings made their author a “second witness”.)
* Locke had no appetite for the noble martyrdom act pulled by the likes of Sidney and Lord Russell. He fled to the Netherlands during the Rye House Plot crackdown, only returning to England with the Glorious Revolution.
Honour and riches are justly heaped upon the heads of those who rightly perform their duty [of tyrannicide], because the difficulty as well as the excellency of the work is great. It requires courage, experience, industry, fidelity, and wisdom. “The good shepherd,” says our Saviour, “lays down his life for his sheep.” The hireling, who flies in time of danger, is represented under an ill character; but he that sets himself to destroy his flock, is a wolf. His authority is incompatible with their subsistence. And whoever disapproves tumults, seditions, or war, by which he may be removed from it, if gentler means are ineffectual, subverts the foundation of all law, exalts the fury of one man to the destruction of a nation, and giving an irresistible power to the most abominable iniquity, exposes all that are good to be destroyed, and virtue to be utterly extinguished.
Four years ago today, Chinese lawyer Han Bing revealed a shocking execution further to China’s shadowy trade in harvested organs, with a post on the microblogging service Weibo.
The Epoch Times translates this post — which was widely shared, but deleted within days — thus:
This morning witnessed a horrifying practice of execution. The Supreme Court this week contacted the Provincial High Court to re-examine a determined death penalty case. However, the Intermediate People’s Court had the prisoner promptly executed without notifying the relatives for a last farewell visit. The reason for the prompt execution was that the death penalty prisoner had ‘willingly’ signed an organ donation release. To ensure the quality of the organs, the execution was carried out at the hospital. These judges and doctors without conscience turn a hospital into a place of execution and a market for organ trading!
If there has been any subsequent public explication of the details about this event — the identity of the prisoner, the particulars of the transplant — I have not been able to locate it.
After a (different) failed kidnapping, Cheung ducked into mainland China to lay low for a spell; he was arrested there in early 1998, months after his Hong Kong stomping-grounds had been transferred to Chinese sovereignty.
Although the man’s guilt was not merely plain but legend, his case was a controversial one when it became an early bellwether for Hong Kong’s judicial independence. Cheung was put on trial for his Hong Kong robbery and kidnapping spree not in Hong Kong but in Guangzhou, the neighboring mainland city — seemingly in order to subject him China’s harsher criminal justice system. (Among other differences, Hong Kong does not have the death penalty.)
“A crime — that of kidnapping certain Hong Kong tycoons — allegedly committed in Hong Kong by some Hong Kong residents [was] tried in the Guangzhou court,” one prominent Hong Kong lawyer explained. “Is it surprising that Hong Kong people are alarmed and ask how is this permissible?”
But if possession is nine-tenths of the law, the Guangzhou authorities had all the permission they could need — the criminal’s own person.
An event horribly underscoring the heartlessness of the brass against frail flesh in their ghastly war of machines, this shooting succeeded a surprise German attack on November 27 whose short-lived push into the French line momentarily drove part of the 298th Regiment to fall back out of their forward trench, before the French rallied and retook their own position to restore the status quo ante. The whole back-and-forth consumed spanned mere minutes — just another snapshot of the trench war stalemate that would become so grindingly familiar to all belligerents in the years ahead.
French commanders in the earliest months of the war had shown a notable lack of empathy for any vexation of plans arising from the fog of war; indeed, exemplary executions became policy for enforcing military discipline to an unrealistic expectation. So, as punishment for their units’ “unauthorized* retreat,” six were selected for execution as an example to their fellows.
Some heartbreaking (or blood-boiling) last letters of the doomed survive.
Corporal Henri Floch (to his wife)
My darling Lucie,
By the time you receive this letter I shall be dead by firing squad. This is why: on 27th November, around 5pm, after 2 hours of heavy shelling in a trench on the front line, just as we were finishing our supper, Germans got into the trench. They captured me and two others. In the confusion I was able to escape from the Germans. I followed my comrades and then I was accused of dereliction of duty in the face of the enemy.
Twenty-four of us went before the War Council last night. Six were condemned to death and one of them was me. I am no more guilty than the others, but they want to make an example of us. My wallet will be sent home to you along with its contents.
In haste I say my last farewell to you, with tears in my eyes and a heavy heart. I humbly beg your forgiveness for all the grief that I will cause you and the difficulties that you will have to face because of me.
My dear Lucie, again, please forgive me. I’m going to Confession now and I hope to see you again in a better place. I die innocent of the crime of desertion of which I stand accused. If, instead of escaping from the Germans, I had remained a prisoner, my life would have been spared. It must be fate.
My last thoughts are for you, right to the end.
Jean Quinault (to his wife)
I am writing to you my latest news. It’s over for me. I do not have the courage. We had a story in the company. We went to the court martial. We are 6 condemned to death. I am in the six and I am no more guilty than the comrades, but our life is sacrificed for others. Last farewell, dear little woman. It’s over for me. Last letter from me, deceased for a reason of which I do not know well the reason. The officers are all wrong and we are condemned to pay for them. I should never have thought of finishing my days at Vingre, and especially of being shot for so little and not guilty. It never happened, a case like this. I am buried in Vingré
Jean Blanchard (to his wife)
3 December 1914, 11.30 pm
My dear Beloved, it is in great distress that I begin to write to you and if God and the Blessed Virgin do not come to my aid it is for the last time …
I will try in a few words to tell you my situation but I do not know if I can, I do not feel the courage. On November 27, at night, as we occupied a trench facing the enemy, the Germans surprised us, and panicked us, in our trench, we retreated into a trench behind, and we returned to resume our places almost immediately, with this result: a dozen prisoners in the company of which one was in my squad, for this fault our squad (twenty-four men) spent today before the council of war and alas! We are six to pay for all, I can not explain it further to you, my dear friend, I suffer too much; friend Darlet will be able to explain to you better, I have a calm conscience, and submit entirely to the will of God who wants it so; It is this which gives me strength to be able to write to you these words, my dear beloved, who have made me so happy the time that I spent with you and of which I had so much hope to find. December 1 morning we were deposed on what had happened, and when I saw the charge that was brought against us and which no one could suspect, I cried a part of the day and have not had the strength to write to you …
Oh! Blessed be my parents! My poor parents, my poor mother, my poor father, what will become of them when they learn what I have become? O my beloved, my dear Michelle, take good care of my poor parents so long as they are of this world, be their consolation and support in their grief, I leave them to your good care, tell them I have not deserved this hard punishment and we will all find each other in the other world, assist them in their last moments and God will reward you for it, beg my forgiveness of your good parents for the punishment that they will experience by me, tell them well that I loved them very much and that they do not forget me in their prayers, that I was happy to have become their son and to be able to support and care for them their old days but since God has judged otherwise, that His will be done and not mine. Goodbye up there, my dear wife.
* The “cowards” contended that a falling-back had been ordered by a lieutenant who no doubt was as war-befogged as everyone else. Since this order could have set up Lt. Paulaud himself to be the guy shot for example, he naturally denied issuing it; when the six were exonerated after the war, Paulaud was indicted for perjury, but acquitted.
On this date in 1678, Catholic courtier Edward Col(e)man was hanged, drawn and quartered at Tyburn — the second victim of Titus Oates’s “Popish Plot” concotion.
Colman was a Catholic convert whose zeal for the old faith led him into a variety of treacherous intrigues with the French court — although Colman’s eager and fruitless offices more annoyed than profited his allies.
His behavior was sufficiently indiscreet that fabulist Titus Oates had Colman queued up by name* as a Catholic plotter in the first round of 1678 Catholic terrorism allegations that would roil the realm for the next three years.
That indiscretion was very real, however, and extended to a careless presumption of his own safety. He seems to have been tipped to his danger by the judge who first took Oates’s evidence, a friend named Sir Edmund Godfrey, but he failed to use this advance intelligence to destroy his own correspondence. Godfrey in his own turn went on to a starring role in the Popish Plot debacle when he turned up murdered in October of 1678, a crime whose immediate attribution to the Catholic conspiracy that Oates had unfolded for him sent England clear round the bend.**
Colman’s case had already begun and half-fizzled by that point but with the apparent assassination of the judge a cry for his own blood now shook Parliament — “Colman’s letters!” alluding to that correspondence he surely wished he had burned: its volumes unfolded intelligence leaks, offers to exert French influence in the government even so far as dissolving Parliament, and applications for King Louis’s gold.
There are some incriminating examples in the trial transcript that, Lord Chief Justice William Scroggs charged, show “That your Design was to bring in Popery into England, and to promote the interest of the French King in this place, for which you hoped to have a Pension.” While Oates was a legendary perjurer and his fables destined to take the lives of 20-odd innocent souls in the months to come, the fact was that Colman really was caught out. His scheming ought not have merited such spectacular punishment under less extraordinary circumstances, but the things Colman really did do made it easy for Oates to position him as a paymaster in the fictitious regicidal conspiracy. “Mr. Colman, your own papers are enough to condemn you,” Scroggs said when his prisoner asserted innocence.
Nor could he protect himself with position. (Men even higher than Colman would succumb to the panic in time.) As detestably elevated as Colman looked to the average commoner, he was not himself a lord and was already (pre-Oates) regarded by King Charles II and many members of the court as a loose cannon. Everything pointed to sacrificing him … and they did. But as events would prove, the popular rage was not quenched on Colman’s bones alone.
* By name — not by face: Oates would be embarrassed at Colman’s eventual trial by the prisoner pointing out that Oates, who now claimed to have been personally paid out by Colman for various seditious errands, had utterly failed to recognize his “conspirator” when Oates appeared before the Privy Council to lay his charges in September.
** Godfrey’s murder has never been satisfactorily explained. There’s a good chance that it was a wholly unrelated affair with amazing bad timing; the revenge of the truculent Earl of Pembroke, whom Godfrey had prosecuted for murder a few months previous, is one leading possibility.
SALEM, N.J., Dec. 2. — The hanging of Howard Sullivan, the negro, which took place at the county jail this morning, was the closing act of a tragedy that has never been equaled in Salem and rarely in any other county in the State of New-Jersey. Ella Watson, on the night of Aug. 18, while proceeding to her home over a lonely road near Yorktown, a thrifty little village, nine miles north of this place, was waylaid, robbed, ravished, and murdered, and her body concealed in some bushes near by, where it was discovered a few days later.
For a time the murder was enveloped in mystery, but the vigilance of two or three detectives, among them a colored man, who exhibited remarkable skill in working up the case, soon unraveled it, and Sullivan was charged with the murder.
He had not been long in jail before a confession was wormed from him,* and when placed on trial before a Supreme Court and three lay Judges, in the Court of Oyer and Terminer, he pleaded guilty and was sentenced to be hanged. Sullivan stood the prison life bravely, and not once did he display the slightest emotion.
Sullivan did not go to bed until after midnight last night. A great part of the time he spent in singing and praying, and when not engaged in this he was conversing with his death-watchers.
Confined in a cell on the third floor, the one he formerly occupied, and from which he attempted to escape, is a colored woman named Sallie Fisher, convicted of the larceny of a watch chain, and sentenced to imprisonment in the county jail for 90 days. Nearly all last night she prayed and wept aloud for Sullivan. Her voice could be heard for a long distance from the jail, and her cries were piteous in the extreme. Sullivan’s mother called to see him and remained with him for some time. The scene between them was an affecting one.
The morning opened clear and pleasant, and Sullivan arose at exactly 7:05 A.M., when he was awakened by the Warden. He left his breakfast untouched, saying he would eat “after a while.” When asked if he wished to make any statement for the public, he said: “There is nothing more that I care to say about the case. I have got no complaint at all to make about my trial or my treatment. I have had all I want to eat and Sheriff Kelty and ex-Sheriff Coles have been very kind to me. I hope to go to a better world, and I believe my sins will be forgiven.”
Sullivan added that he had slept quite as well as usual during the night. After making this statement he ate the breakfast that had been prepared for him. His manner was calm, and when talking to his companions he was almost cheerful.
At 9 o’clock the gallows was tested and found to be in good working order. A few minutes later the condemned man’s fater and mother called to see him, and while they were with him in the cell all others, except his spiritual adviser, were excluded. The father is a bright, honest looking man, 65 years of age, though his appearance does not indicate it.
The meeting between Sullivan and his father and mother, together with the Rev. Richard Miles, Pastor of the Mount Pisgah Methodist Episcopal (colored) Church, of this city, one of his spiritual advisers, was a quiet one. They all sat around a stove in an outer room and chatted pleasantly for a few minutes. Sullivan said to his parents: “If you cry I will want to cry, but if you control yourselves I will.” This was all he said regarding his feelings.
While his family were still with him the Rev. William S. Zane, Pastor of the Walnut-Street Church, and the Rev. W.V. Louderbough, Pastor of the First Presbyterian Church, called on him and uttered a few consoling words. They have been regular visitors for some time, but took no part in the execution. The Rev. Wilson Peterson, Pastor of the African Church of Bushtown, also called while Sullivan’s parents were with him, and before taking their final leave all joined in singing “Take the Name of Jesus with you.”
Finally, the prisoner’s sisters entered the jail, and his parting with them was distressing.
His sister Emeline fell in a fainting fit and had to be carried out. This sight proved too much for his mother’s nerves, and, weeping and wailing, she was led into another room. When Emeline was taken to the street, on her way to the railroad station, she again fell in a fainting fit, and was actually dragged to the train. Mrs. Sullivan kept up long enough to reach the house of a friend, where she remained until her departure for Yorktown at noon.
After Sullivan’s cell was cleared of all except his spiritual adviser a final prayer in the jail was offered by the Rev. Mr. Peterson, after which, at 10:20 A.M., Sheriff Kelty, in the presence of Prosecutor Slape, read the death warrant. Sullivan was the coolest man in the party.
At 11:18 the jury appointed by the court filed down stairs to the basement and thence to the yard.
Sullivan, preceded by the two spiritual advisers, and accompanied by his friend, ex-Sheriff Coles, followed immediately after. He was dressed in a neat-fitting black diagonal suit, and wore black cloth gloves.
At the scaffold the Rev. Mr. Miles offered a prayer. Then the prisoner’s ankles were pinioned and his hands were fastened behind him with handcuffs
Ex-Sheriff Coles asked him if he desired to say anything, and he replied: “I hope the Lord will bless you all, and I hope to meet you all in heaven. Good-bye. When I fall from here I will fall into the arms of Jesus. It is a warning for all. It is very sad for my mother, my father, for Mr. Kelty, and for every one, but it is not sad for me. It is a marriage ceremony with me, and I want to be there in time for the feast with all those good men that have gone before me. I want all you gentlemen who have sons to take heed and learn them. Good-bye all.”
As the black cap was being adjusted Sullivan bade his friend Coles good-bye. There was just the slightest tremor in his voice as he spoke.
At exactly 11:29 the drop fell. There was a twitching of the body for a minute, and then it hung withut motion. In three minutes Sullivan was pronounced dead; his neck had been broken. The body was allowed to hang for half an hour, when it was cut down and placed in the coffin. It was buried at Bushtown in the afternoon.
* By a Pinkerton detective infiltrated into his cell for the purpose. According to the Chicago Tribune report of the trial, relating that detective’s gloss on Sullivan’s alleged jailhouse confession,
Sullivan said he sneaked up behind Ella Watson unperceived and struck her three or four terrible blows with a cane had had picked up in the woods. She fell to the ground, and, grasping the prostrate form, he dragged it across the road into the bushes, where he attempted to commit a dastardly assault upon the dying girl. She resisted his attempts, but he accomplished his design. Then the girl raised her head and exclaimed, “O, I know you!” “Then,” said Sullivan, “I clutched her by the throat and choked her with all my might. That killed her. I didn’t stop choking her until a shudder ran through her and I knew she was dead.”
On this date in 1944, the Irish Free State hanged Irish Republican Army Chief of Staff Charlie Kerins.
The IRA had been sorely pressed in these war years by the Special Branch, and the inroads of counterintelligence help explain why Kerins himself took such a prominent position in the IRA at the tender age of 24.
And it also explains how he ended up on the gallows at Mountjoy Prison.
Key to the Special Branch’s campaign was the recruitment of Irish republicans — men like Denis O’Brien, a veteran of the Civil War turned police spy whom Kerins and two mates ambushed and shot to death in his driveway on the morning of September 9, 1942.
As one might expect, this incendiary assassination redoubled state pressure against the IRA. Living on the run under assumed names, Kerins managed to dodge arrest until June 1944. But when captured, he knew how to comport himself from implacable precedent of forerunners like Kevin Barry.
Kerins refused to recognize with a defense the legitimacy of the court that tried him; indeed, so reluctant were the authorities to make a martyr of Kerins that they paused proceedings for six hours with his conviction cinched to give Kerins the opportunity to save his neck by applying to submit to mercy. Kerins wasn’t the submitting type.
“You could have adjourned for six years as far as I am concerned,” Kerins sneered when the session reconvened. “My attitude to this court will always be the same.”
In the words of a verse he wrote to a friend just before his hanging —
What, said Cathal Brugha, if our last man’s on the ground.
When he hears the ringing challenge if his enemies ring him round.
If he’d reached his final cartridge — if he fired his final shot.
Will you come into the empire? He would answer, I will not.
On this date in 1759,* a man hanged at Nottingham for destroying the bastard infant of an incestuous affair … and for his belligerence decades afterwards.
William Andrew Horne, a sybaritic and well-off “bumpkin squire” in the estimation of the Newgate Calendar, had his way with the Nottingham ladies in the early 18th century including two servants of his mother’s and a local farmer’s daughter who we are informed thereafter “died in consequence of her grief.”
Even kin were not immune to the charms of such a ladykiller, and Horne had an affair with his sister that produced a child born in February 1724. Days later, Horne and his brother Charles took the tot out for a midnight ride and abandoned it in a haystack at a country estate. Many years later, Horne would claim that he intended the child be rescued there as a foundling; what actually occurred was that the boy died of exposure from being abandoned in the middle of a winter’s night.
Neither Horne nor Hornier breathed word of the affair thereafter but it seems that the other Horne — that brother Charles — was shocked enough to tell some others, like his father. Practical-minded dad ordered Charles to keep his big mouth shut, as did a local magistrate Charles blabbed to years later — who “said I had better be quiet, as it was of long Standing, and might hang half the Family.” (That’s via this 18th century pamphlet on the case.) But his conscience and an obvious sibling resentment** vis-a-vis brother Bill needled Charles. Over time, the reluctant accomplice revealed the secret rather promiscuously to folks including “John Kessell … Mr. Cook, of Derby … one Septimus Riley, a Tenant of my Brother’s … Mr. John Cooper, of Ripley, as I came back from Derby” and finally, when he feared he might be on his deathbed, to “Mr. John White, of Ripley.”
Though most of these were at a loss to urge action about Charles, all this whispering to the reeds successfully put the rumor abroad — and at long last the story returned to William’s ears, and neck.
In 1758, 34 years and who knows how many brokenhearted lovers after his midnight ride with the family’s shame, William Horne as a crotchety codger of 72 fell into a barroom row over game-hunting with a fellow by the name of Samuel Roe. Roe called Horne “an incestuous old dog,” and the combative Horne retaliated against this public calumniation by taking Roe to court and winning a judgment against him even though Roe’s description was precisely correct.
Roe in his fury tracked the infanticide rumor back to Charles and finally persuaded the vacillator to swear out a warrant. He wasn’t one to let a sleeping incestuous old dog lie.
* The date is frustrating here because I have not been able to locate an original news or trial document that definitively establishes a November 30 execution. I’m going ultimately with the date on the thorough and highly reliable Capital Punishment UK site; the careful reader will have noticed that this post cites a primary document which contradicts it: A genuine account of the life and trial of William Andrew Horne, of Butterly-Hall, in the County of Derby; who was convicted at Nottingham Assizes, August 10, 1759, for the murder of a child in the year 1724, and executed there on the 11th of December, 1759 … (This is also the date that the Newgate Calendar adheres to.)
Two things: first, this account situates the trial on Saturday, August 10 — but August 10 was not a Saturday in 1759. We have credibility issues right out of the gate.
Second, it is noted both in this document and elsewhere that our man got the name William Andrew in honor of his birth on the Feast of St. Andrew, which is Nov. 30. The prisoner “mentioned several Times” that he was to be hanged on his birthday.
This hanging occurred just seven years after England finally switched to the Gregorian calendar, entailing at the time a leap eleven days forward. As one side effect, this leap also created a stratum of “old” feast days that also shifted eleven days to maintain a 365-day distance from their former occasion. The case for December 11 would entail supposing that Horne from 1752 began treating December 11 as his actual birthdate, the “old St. Andrew’s Day”. Did Horne in fact do this? The documents I have seen are far less interested than some guy with an almanac blog would like them to be.
Someone with access to an 18th century database of Nottingham newspapers could probably clear this right up.
** As the oldest son, William inherited all the real estate: that is part of Charles’s pique. Another part is that William was “universally feared and hated” in the words of Edmund Burke’s Annual Register, acted the asshole towards everybody including Charles, and even “though he knew [Charles] was master of such an important secret, would not give the least assistance to him, nor a morsel of bread to his hungry children begging at their uncle’s door.” (William called several witnesses who testified that Charles often complained about his miserly sibling and publicly mused about swearing William’s life away.) It’s a wonder it took Charles so long to find someone to give him the thumbs-up on turning Judas against this lout.