Posts filed under 'Death Penalty'

2015: Dok Macuei Marer, South Sudan assassin

Add comment June 17th, 2016 Headsman

A year ago today, Dok Macuei Marer was executed by hanging at Wau Prison in South Sudan.

Dok assassinated tribal chief Chut Dhuol in August 2014, in a possible revenge killing for the previous murder of another chief. There is very little information about this whole affair readily accesible online, a circumstance consistent with the sketchy state of information about the death penalty in the world’s newest state. (Executed Today itself predates South Sudanese independence by four years.)

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Entry Filed under: 21st Century,Assassins,Capital Punishment,Common Criminals,Crime,Cycle of Violence,Death Penalty,Execution,Hanged,Murder,Ripped from the Headlines,South Sudan

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1741: Five “inferior Agents” of the plot to burn New York

Add comment June 16th, 2016 Headsman

On this date in 1714, “the Negroes Cato (Cowley’s) Fortune (Vanderspeigle’s) Cato alias Toby, Ben and Quash, were executed according to their respective Sentences.”

That’s the entirety of the text in Daniel Horsmanden‘s compenium to describe a quintuple burning of rebel slaves in New York, and as the dismissive treatment implies this was an occasion of little moment within the colony’s 1741 hunt for a great slave conspiracy.

We have by this point clearly reached the point in the story at which the trials feed on themselves.

To recall the action to this point: a series of fires in March and April had inflamed a popular conviction that servile arsonists were afoot, until “Many people had such terrible apprehensions … that several negroes (and many had been assisting at the fire at the storehouse, and many perhaps that only seemed to be so) who were met in the streets, after the alarm of their rising, were hurried away to jail.”

New Yorkers, to their partial credit, did not put these suspected blacks all to lynch law, but it is an open question whether the judicial proceedings extended to the 34 people eventually executed in the affair really uncovered any plot — or merely hammered the existing public paranoia into specious evidence.

Either way, the breakthrough in the law’s eyes was the deposition given on April 22nd by Mary Burton, a young and disgruntled servant, that her master and mistress, their boarder, and three slaves (and known thieves) “used to meet frequently at her Master’s House, and that she has heard them (the Negroes) talk frequently of burning the Fort; and that they would go down to the Fly and burn the whole Town: and that her Master and Mistress said, they would aid and assist them as much as they could.”

Burton left herself some wiggle room for the purges she might have guessed might follow by mentioning up to “Twenty or Thirty Negroes at one Time in her Master’s House” but she only identified by name here six specific people. And by this point in our story, mid-June, they are dead every one of the six: the slaves Caesar, Prince and Cuffee; her master John Hughson, his wife Sarah, and their Irish boarder Peggy Kerry.

Whether or not they were rightly accused or fairly prosecuted, one could easily imagine a world where their deaths are the end of the story.

But in our world, the dimensions and the participants of the plot so-called were already ballooning. Information wrung out by investigators who were by now convinced of the plot’s existence — from men at the stake teased with the prospect of pardon; from jailhouse snitches; and more from Mary Burton herself, who would repeatedly appear in Horsmanden’s pages to light the next passage forward — had already brought to the stakes another batch of slaves, on June 9.

This group had previously been stitched up thanks in part to a slave named Sawney or Sandy who gave evidence against them under the threat of being prosecuted with them. After five were condemned, one of their company, a slave named Jack,* dodged execution by offering the judges a copious affidavit confirming Sawney’s evidence and adding still more names to the plot.

These men’s charges would prove instrumental in the execution of June 16 — almost a sideshow as compared to the arc of the arson panic as a whole, but a melodrama that meant death for the blood offerings by which Sawney and Jack bought their lives.

  • Toby or Cato (Provoost’s) enters the documentary record on June 9, from the evidence that the condemned Jack gives while his four friends are burning to death.
  • Ben (Captain Marshall’s) and Quash (Rutger’s) appear as a unit in that same evidence of Jack’s, principal fellows in Hughson’s conspiracy in a scene that Jack coyly lays at a moment his fellow-witness Mary Burton “was above making a Bed.” In it, Ben

    said, he could find a Gun, Shot and Powder, at his Master’s House: That his Master did not watch him, he could go into every Room: Ben asked Quash, What will you stand for? He said, he did not care what he stood for, or should be, but he could kill Three, Four, Five White Men before Night.

    That Quash said, he could get two half Dozen of Knives in Papers, three or four Swords; and that he would set his Master’s House on fire, and when he had done that, he would come abroad to fight.

  • Cato (Cowley’s) and Fortune (Vanderspiegle’s) enter the paper trail on May 25, when they are named by Sandy. Both were arrested as a result, but we do not hear more about them for a fortnight, until Jack corroborates Sandy’s charges.

The cascade of accusations proved neatly self-affirming. Another slave named Will and bearing the winsome nickname “Ticklepitcher” was accused by Cuffee and Quack at the stake when they believed that it might save their lives. (It didn’t.) That was after Sandy had already given his evidence, but Jack, no fool, rolled Ticklepitcher too right into his (Jack’s) 40-point affidavit.**

This led Tickle himself to give evidence for the crown by naming 20 other participants in Hughson’s plot, among them Cato and Fortune. And yet another black nam, named Bastian or Tom Peal, followed a similar path: first named by Mary Burton in one of her secondary examinations in May — and then confirmed in guilt by Sandy and Jack — upon his own conviction also went over to the inquisitors, “as was intimated by Somebody about the Jail he would.” Bastian named every member of the June 16 execution party save Fortune.

These, then, were the accusers presented in the June 13 trial that doomed our quintet: Mary Burton, and all the progeny of her first deposition two months before: Sandy, Jack, Ticklepitcher, Bastian, and yet two more slaves who had made themselves the same lifesaving bridge from accused to accuser.

Through their mutually corroborating — and mutually interested — evidence, the court was able to show to its satisfaction that

these stupid Wretches seduced by the Instigation of the Devil, and Hughson his Agent,† to undertake so senseless, as well as wicked an Enterprize; which must inevitably end in their own Destruction … are equally as guilty as if they themselves had devised it, by consenting to it, taking Oaths to proceed in it, and in the mean Time to keep it secret.

The jury, perhaps mindful that “[t]he Number of the Conspirators is very great … and we have still daily new Discoveries of many more” withdrew for but “a little Time” before closing this particular chapter with the preordained result. There would be yet another trial the very day after these five burned.

* Most slaves in the narrative are identified by a first name plus the possessive surname of their owner. The Jack in question belonged to a man named Comfort, so Horsmanden refers to him as Jack (Comfort’s) — in distinction from, for instance, Jack (Sleydall’s).

** No lie, Jack’s information runs to almost three full pages with 40 numbered bullets.

† Hughson’s narrative importance to the theory of a burgeoning servile rebellion will thrill the student of race in American history: “It cannot be imagined that these silly unthinking Creatures (Hughson’s black Guard) could of themselves have, and carried on so deep, so direful and destructive a Scheme, as that we have seen with our Eyes, and have heard fully proved they had prepared for us, without the Advice and Assistance of such abandoned Wretches as Hughson was.” Those are the prosecutor’s words; in sentencing, the court termed our five “inferior Agents.”

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Entry Filed under: 18th Century,Arson,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,History,Mass Executions,New York,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,Treason,USA,Wrongful Executions

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1967: Moustapha Lô, failed assassin

Add comment June 15th, 2016 Meaghan

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

On this date in 1967, Moustapha Lô was executed for treason in the African nation of Senegal. He had tried to kill the country’s prime minister, Leopold Sedar Senghor, less than three months earlier.

At his trial, Lô freely admitted he’d drawn a gun on Senghor during a ceremony at the Grand Mosque of Dakar on the Muslim holiday of Eid-­al­-Adha,* but denied that he ever actually intended to kill him.

“I just wanted to give him a warning to change policy,” Lô said. He added, “I wanted to prove … he was not immune to public condemnation.”

His widow, Fatou Sarr, believed him; nearly 45 years after his death, she gave her first interview to the press and said, “He was not able to kill a fly.”

But if he was in fact only acting, Lô’s performance was very convincing: he pointed his pistol at the prime minister and pulled the trigger twice. Fortunately for Senghor, the gun jammed.

The crowd quickly tackled and overpowered Lô and he was hauled away by the police.

Several other people were also accused of being part of the plot. Moustapha Drame was sentenced to life in prison, Doudou Ndiaye to ten years and Momar Mbaye to five years; two other defendants were acquitted of all charges.

Although the country’s religious leaders pleaded for Senghor to pardon his would-­be assassin, the prime minister refused. Later on he claimed he had agonized over the decision for days and had nightmares about it, but he concluded, “This is not to judge according to the view of God. Only God can judge in the absolute. However, capital punishment still has a deterrent effect in Senegalese society.”

Lô met his death by firing squad. He said a prayer before his death and claimed he was dying “a martyr.”

Senghor outlived his attacker by 44 years, dying in 2001 at the age of 95.

* The holiday is locally known in Senegal as Tabaski.

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Entry Filed under: 20th Century,Assassins,Attempted Murder,Capital Punishment,Death Penalty,Execution,Guest Writers,History,Notable for their Victims,Other Voices,Senegal,Shot

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1816: Philip Street

Add comment June 14th, 2016 Headsman

Two centuries ago today, a burglar named Philip Street hanged at London’s Newgate Gaol.

Though his were merely property crimes — which were still capital offenses at the time — Street was such a prolific burglar that the Old Bailey, faced with a stack of seven victims ready to pursue their cases against him, got a death sentence, and then a second for insurance, and paid the remaining five prosecutors to go away.

Street did enjoy some measure of representation: the barrister John Adolphus — whose subsequent representation of the likes of the Cato Street conspirators, John Thurtell and Benjamin Courvoisier all speak better to his prominence than his acumen — mounted the less than compelling technical objection that the court’s documents identified Street’s victim the Earl of Rosebery “as an Esquire, and commonly called a Lord, because in reality he was a Peer of the Realm, and therefore non constat that he an Esquire; and thefore the prisoner could not be convicted on such an indictment” — just the sort of lame cavil that would lead John Stuart Mill to lament in 1820 that “not one-half only but three-fourths at least of [a lawyer’s] business is deception.”

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,Public Executions,Theft

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1962: The only hangings in independent Cyprus

Add comment June 13th, 2016 Headsman

Three Men Hanged in Cyprus
From the London Times, June 14, 1962

NICOSIA, June 13

Three Greek Cypriots found Guilty of murder were hanged before dawn at Nicosia Central Prison today, the first capital sentences to be carried out in Cyprus since independence in August, 1960. Their fate had been in the balance until 11 o’clock last night, when Mr. Glafcos Clerides, the acting President, announced that after considering all the circumstances, he had decided not to grant a suspension of the executions.

The three men were Hambis Zacharia, Michael Hiletikos, and Lazaris Demetriou. Zacharia was convicted of killing a man with an axe in a Limassol vineyard in September, 1958. The other two were jointly convicted of the murder of a man outside a Limassol cabaret last year.

Last night Mr. Rauf Denktash [the future president of Northern Cyprus -ed.], the Turkish advocate who appeared for Zacharia, had filed a petition in the High Court seeking a declaration that the execution warrant issued by the acting President was illegal and ultra vires, and a declaration that the superintendent of prisons was not legally appointed and could not carry out the executions. The petition was heard in the chamber of Mr. Justice Vassiliades and adjourned for a full court hearing, but this morning was withdrawn.

The English-language Cyprus Mail this morning commends the courage of the acting President and points out that the House of Representatives has power to amend the law if it wishes to abolish capital punishment. It adds that such action is unlikely to be publicly welcomed in view of the number of murders in the republic in recent months.

Despite the correspondent’s confidence in the endurance of the gallows, these first executions for independent Cyprus were also its last executions: no further hangings occurred before Cyprus abolished the death penalty for ordinary crimes in 1983, and for all crimes in 2002.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Cyprus,Death Penalty,Execution,Hanged,Milestones,Murder,Notable Participants

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1741: John Hughson, Sarah Hughson and Peggy Kerry, “so abandoned to confederate with Slaves”

1 comment June 12th, 2016 Headsman

On this date in 1741, “John Hughson, Sarah his wife, and Margaret Kerry, were executed according to sentence” for the slave conspiracy to burn New York.

They were the first white people executed in the affair, and when their 16-year-old indentured servant Mary Burton first described a plot to fire the city hatched by thronging slave conclaves at the Hughsons’ tavern, the by the account of the court’s officer Daniel Horsmanden, it “was most astonishing to the Grand Jury … that any white People should become so abandoned to confederate with Slaves in such an execrable and detestable Purpose.”

Whether there ever really was an execrable and detestable Purpose or whether white New Yorkers convinced of the arson plot were just chasing ghosts, nobody can say with certainty. But the Hughsons most definitely did confederate with slaves. The keeper of a dockside tavern on the Hudson, Hughson catered to the colony’s lower strata: both blacks and poor whites frequented the place, and for the criminal element among them Hughson kept up a side business as a small-time fence of stolen goods.

Back in 1738, the Hughsons had moved to that location from the South Ward — driven, one infers, by complaints of a previous neighbor that they “kept a very disorderly House, and sold Liquor to, and entertained Negroes.” Three of those Negroes were the slaves Caesar, Prince and Cuffee, who in January of 1738 had been busted for breaking into another tavern in town and carrying away the gin … an incident that by 1741 their prosecutors were characterizing as the germ of a years-long plot to orchestrate the annihilation of New York.*

The keystone to the 1741 wave of prosecutions — the break in the case, from the standpoint of the court — occurred on April 22, when Burton provided the Grand Jury a damning description of her master and mistress as the kingpins of a murderous cabal. Burton swore

That Caesar, Prince, and Mr. Philipse’s Negro Man (Cuffee) used to meet frequently at her Master’s House, and that she has heard them (the Negroes) talk frequently of burning the Fort; and that they would go down to the Fly(d) and burn the whole Town: and that her Master and Mistress said, they would aid and assist them as much as they could.

That in their common Conversation they used to say, that when all this was done, Caesar should be Governor, and Hughson her Master should be King.

That Cuffee used to say, That a great many People had too much, and others too little; That his old Master had a great deal of Money, but that, in a short Time, he should have less, and that he (Cuffee) should have more.

That at the Meetings of the Three aforesaid Negroes, Caesar, Prince, and Cuffee, at her Master’s House, they used to say, in their Conversation, That when they set Fire to the Town, they would do it in the Night, and as the white People came to extinguish it, they would kill and destroy them.

Up until that point, the court had a suspicion of an arson campaign, based on a series of fires that looked like a pattern but might have been coincidental. Burton’s deposition gave that suspicion tangible shape, and structured all the proceedings to follow. And in her telling, it all started with Hughson, Hughson, and Kerry.

It was a story that fit what the judges would know or believe about them: besides the Hughsons’ underclass and criminal connections, the Hughsons’ Irish lodger Peggy Kerry was Caesar’s lover and the mother of his infant son. “She was a person of infamous character, a notorious prostitute, and also of the worst sort, a prostitute to negroes,” Horsmanden sneers in the introduction he wrote to his compendium of proceedings.

“Here is laid the foundation of the characters of Hughson and his family, which will afford frequent occasion of enlarging upon; and from such a hopeful earnest the reader may well expect a plentiful harvest.”

Peggy Kerry, that “Newfoundland Irish beauty,” now came under relentless pressure to corroborate Mary Burton. Prostitute to Negroes or no, she was badly needed to add credibility (and leal certainty) to Burton’s charge.

Jailed and facing the prospect of execution, she nevertheless stubbornly refused every blandishment to adhere to Mary Burton’s version of events — a version that would surely doom her friends the Hughsons and her lover Caesar.

She paid the last price or her obstinance. Arthur Price, the jailhouse snitch who eventually doomed Cuffee, entered the case by telling investigators that Peggy said to him all the stuff they wanted her to say to them.

[Price asked] What, Peggy; were you a going to set the Town on fire? And she made Answer, She was not; but said, by God, since I knew of it, they made me swear: Upon which the Deponent asked her, Was John and his Wife in it? (meaning John Hughson and his Wife) And she answered Yes, by God, they were both sworn as well as the rest. Then the Deponent asked her, if she was not afraid that the Negroes would discover her? And she said, No; for Prince, Cuff and Caesar, and Forck’s [Vaarck’s] Negro [Caesar] were all true-hearted Fellows.

And by the way, she added,

for your Life and Soul of you, you Son of a Bitch, don’t speak a Word of what I have told you.

Whether or not Peggy Kerry really did say all this incriminating stuff to her fellow dungeon denizen, Price’s report laid her in the magistrates’ trap. Now she was already the second witness, via Price — and without the benefit of leniency that she could have procured by talking herself. The pending conspiracy charge dangled over her head.

Finally, on May 7, she made a too-little, too-late grab at mercy by describing plotters meeting not at the Hughsons’, but at the house of a nearby cobbler, John Romme. Heartbreakingly, she put the father of her son into the scene: she had abandoned any hope of saving him.

This half-confession, as the magistrates saw it, only redounded against her for upon interrogation Elizabeth Romme denied everything (John Romme had left, or fled, town). Romme’s place was a dead end in the investigation but Kerry’s saying it confirmed that she was privy to something about the plot — something she might still be withholding. “From what had hitherto come to Light concerning this Mystery of Iniquity, it was scarce to be doubted, but Peggy had it in her Power to unfold a great deal more,” Horsmanden remarks in his entry for May 14. “Though what Peggy had already disclosed seemed to merit something; yet it was not altogether satisfactory; and ’twas thought proper she should be arraigned upon the Indictment for the Conspiracy, upon the Supposition that this Step might probably be a Means of bringing her to a Resolution of making a full Discovery of what she knew.”

For the next weeks, the court routed around the intransigence of its would-be star witness, and increasingly made her prospective evidence irrelevant. There was Arthur Price’s deposition, to begin with; to this crown’s evidence was added witnesses we have already met in the trials of the other other men: Sandy, Sarah, Fortune. There were the desperate “confessions” extorted from Quack and Cuffee at the stake.

John Hughson, who was being fitted for the halter, could see what was up. With his wife and now his daughter as well both in jail, Hughson asked on June 1 to see Daniel Horsmanden, “to open his Heart to them, and they should know more.” What deal was he hoping to cut? Could he extricate himself? Would he trade his own life to save his family?

We don’t know, because Horsmanden made it clear in their interview that not John Hughson nor Sarah Hughson nor Peggy Kerry had an ounce of leverage remaining.

[I] reproached him with his wicked Life and Practices, debauching and corrupting of Negroes, and encouraging them to steal and pilfer from their Masters and others; and for shewing his Children so wicked an Example, training them up in the High-Way to Hell: He further observed to him, that his Wife, and Peggy, then stood convicted of a Felony for receiving stolen Goods of Negroes; and that now nothing remained but to pass Sentence of Death upon them, and to appoint a Day for their Execution for that Fact; but that it was now determined, that he, his Wife and Daughter, and Peggy, should also be tried for being confederated in this most horrible Conspiracy; that the Evidence would appear so strong and clear against them in this Particular, that there was little doubt of their being all convicted upon that Head also; that it would appear undeniably that he was a Principal, and head Agent in this detestable Scheme of Villany; the chief Abettor, together with the rest of his Family, of this execrable and monstrous Contrivance for shedding the Blood of his Neighbours, and laying the whole City in Ashes, upon the Expectation of enriching himself by such an inhuman and execrable Undertaking: He therefore admonished him, if he would entertain the least Hopes of recommending himself to the Mercy of God Almighty, before whose Tribunal he must soon appear, that he would ingenuously tell the Truth, and lay open the whole Scene of this dark Tragedy, which had been brooding at his House; and discover the several Parties he knew to have been engaged in it; in doing which he would make some Attonement for his past Villanies, by preventing that Slaughter, Bloodshed and Devastation which he and his Confederates had intended.

Disabused of any hope, Hughson “put on a soft smiling Air of Innocence” and “declared, he knew Nothing at all of any Conspiracy; and called God to witness his Protestations, that he was as innocent with respect to that Charge as the Child unborn, and also his Wife, Daughter, and Peggy for aught he knew.” He would go to trial with those three on June 4.

That proceeding was a walkover, as Horsmanden had predicted. Mary Burton was the star witness against her former master and mistress, with Arthur Price’s account of Peggy Kerry’s confessions thrown in for good measure.

Following these came a litany of the Hughsons’ current and former white neighbors who damned the Hughson house as a regular haunt of the city’s black population — that “a Cabal of Negroes” was frequently entertained, that Peggy had been seen serving them and both the Hughson mother and daughter danced shamelessly with them, that “whole Companies of Negroes [were] playing at Dice there.”

The real evidence here still rested only upon Mary Burton’s allegation as supported by Arthur Price. But from the trial preceding the court had already fixed that story through the flesh of other men. That others who had hanged and burned already were known to congregate at the Hughsons’ did the necessary work to finish John Hughson, “whose Crimes have made him blacker than a Negro; the Scandal of his Complexion, and the Disgrace of human Nature!”

Such a Monster will this Hughson appear before you, that for sake of the Plunder he expected by setting in Flames the King’s House, and this whole City, and by the Effusion of the Blood of his Neighbours’ — He — Murderous and Remorseless He! — counselled and encouraged the Committing of all these most astonishing Deeds of Darkness, Cruelty, and Inhumanity. — Infamous Hughson! —

Gentlemen,

This is that Hughson! whose Name, and most detestable Conspiracies will no doubt be had in everlasting Remembrance, to his eternal Reproach; and stand recorded to latest Posterity, — This is the Man! — his, that Grand Incendiary! — That Arch Rebel against God, his King, and his Country! — That Devil Incarnate! and chief Agent of the old Abaddon of the infernal Pit, and Regions of Darkness.

These are the rhetorical fulminations of the prosecuting attorney, William Smith, who surely deserves a plaque in that profession’s hall of fame for bridging the distance from some NIMBYing neighbors to the logic and the rhetoric of a witch trial. Hell … just the fact that Hughson had the effrontery to show up and defend himself only went to show what a monster he was.

Was not this Hughson sunk below the Dignity of human Nature — Was he not abandoned to all Sense of Shame and Remorse! — To all Sense of Feeling the dreadful Calamities He has brought on this City, and his fellow Creatures; He would from a Consciousness of his own Guilt. — His monstrous Guilt! — be so confounded, as not able to look up, or stand without the greatest Confusion of Face, before this Court and Audience; but would openly confess his, and the Rest of his wretched Confederates Guilt, and humbly ask Pardon of God, the King, and his injured Country.

And so they died. Of course they died.

Sarah Hughson, the 17-year-old daughter, was spared her sentence. Over the next weeks her orphaned life would be a litany of execution dates imposed and then delayed, trading time for cooperation that Sarah was very reluctant to provide. In whatever combination her age, her sex, and her skin — for as a white person, her evidence had privilege over the allegations of “pagan Negroes” in trials yet to come — would eventually procure her pardon.

But on June 12, her parents and their misfortunate friend Peggy Kerry all went to the gallows. (Not to the pyre, the fate of the black slaves convicted for the conspiracy.) Horsmanden spares for these major trophies a longer narration of their Passion, though this turns out to consist in large measure of Horsmanden complaining one last time how Peggy Kerry didn’t spare any of her last moments to finally give him what he wanted.

The under-sheriff had often advised John Hughson, to make a cofession about the conspiracy, but he always denied he knew any thing of the matter; said he had deserved death for receiving stolen goods. The wife was ever sullen; said little or nothing, but denied all.

The sheriffs observed John Hughson, when he was brought out of jail to be carried to execution, to have a red spot on each cheek, about the bigness of a shilling, which at that time thought very remarkable, for he was always pale of visage: these spots continued all along to the gallows. Amongst other discourse it seems he had said, he did not doubt but some remarkable sign would happen to him, to show his innocence; concerning which more will be observed upon hereafter.** He stood up in the cart all the way, looking round about him as if expecting to be rescued, as was by many conjectured from the air he appeared in: one hand was lifted up as high as his pinion would admit of, and a finger pointing, as if intending to beckon.

At the gallows his wife stood like a lifeless trunk, with the rope about her neck, tied up to the tree; she said not a word, and had scarce any visible motion.

Peggy seemed much less resigned than the other two, or rather unwilling to encounter death; she was going to say something, but the old woman who hung next to her, gave her a shove with her hand, as was said by some, so Peggy was silent.

But they all died, having protested their innocence to the last, touching the conspiracy.

This old woman, as it has been generally reported, was bred a Papist; and Peggy was much suspected of the same persuasion, though perhaps it may seem to be of little significance what religion such vile wretches professed.

From the scanty room in the jail for the reception of so many prisoners, this miserable wretch, upon her conviction with the Hughsons for the conspiracy, was put in the same cell with them; which perhaps was an unfortunate incident; for though she had to the time of their trial screened them from the charge of the conspiracy; yet there was reason to expect, that upon the last pinch, when she found there was no hopes of saving her own life if she persisted, the truth as to this particular would have come out; and indeed it was upon this expectation, that she was brought upon trial for the conspiracy; for her several examinations before set forth, and what Arthur Price had sworn to have dropt from her in accidental talk in jail, had put it beyond doubt, that she was privy to many of the Hughsons’ secrets concerning this detestable confederacy; but when she was admitted to the Hughsons, under the circumstances of conviction and condemnation for the conspiracy, they most probably prevailed with her to persevere in her obstinacy, to the end to cover their own guilt, since they were determined to confess nothing themselves; and they might drive her to desperation by subtle insinuations, that the judges she saw after they had picked all they could but of her, whatever expectations she might have raised from her confessions, or hopes she flattered herself with of saving her life upon the merit of them; yet after all, she was brought to trial and condemned for the conspiracy, as well as they; and why should she expect pardon any more than they: and by such like artifices it is probable they might stop her mouth, and prevent her making further discovery; and not only so, but then of course prevail with her to recant, as to what she had confessed already.

John Hughson endured the posthumous indignity of being gibbeted in chains, on an island† alongside the already-rotting corpse of his former boon companion Caesar — who had hanged fully a month before.

As an unseasonably hot summer emerged in the weeks ahead, Horsmanden would later report how “Hughson’s Body drip’d and distill’d very much, as it needs must, from the great Fermentation and Abundance of Matter within him,” bloating to “Gigantick” proportions until at last “Hughson’s Corps unable to contain its Load, burst and discharged Pails full of Blood and Corruption” to the disgust of some nearby fishermen “to whom the Stench of it was very offensive.” The progress of this revolting fermentation was one reason guessed by “amused” New Yorkers for a queer phenomenon, that as they dangled in their manacles,

Hughson was turned Negro, and Vaarck’s Caesar a White; and when they came to put up York in Chains by Hughson (who was hung upon the Gibbet three Weeks before [and not yet exploded from his fermentation -ed.]) so much of him as was visible, viz. Face, Neck, Hands and Feet, were of a deep shining Black, rather blacker than the Negro placed by him, who was one of the darkest Hue of his Kind; and the Hair of Hughson’s Beard and Neck (his Head could not be seen, for he had a Cap on) was curling like the Wool of a Negro’s Beard and Head; and the Features of his Face were of the Symmetry of a Negro Beauty; the Nose broad and flat, the Nostrils open and extended, the Mouth wide, Lips full and thick, his Body, (which when living, was tall by the View upwards of six Feet, but very meagre) swell’d to a Gigantick Size; and as to Caesar (who, tho’ executed for a Robbery, was also one of the Head Negro Conspirators, had been hung up in Chains a Month before Hughson, and was also of the darkest Complexion) his Face was at the same Time somewhat bleach’d or turned whitish; insomuch that it occasion’d a Remark, That Hughson and he had changed Colours.

* In New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, Jill Lepore — who believes that the “plot” was fictitious — unpacks a confusing part of the 1737-1738 backstory that might help us straddle the space between reality and fantasy in this strange case.

Lepore suggests that the city’s controversial Freemasons club, which was then prominent enough for active parody in the city’s press, led John Hughson to form a mock secret society at his cronies’ saturnalias whose joke “initiations” had downtrodden friends and even casual acquaintances boozily (but jestingly) vow to torch the city. During the (actual or perceived) arson wave of 1741, New York’s court would read a far more sinister intent to this sort of talk, and there are consequent references in the trial records to a “three-year conspiracy.”

** Much later in his narrative, Horsmanden gets around to an indeterminate speculation that the red spots on John Hughson’s cheeks might have been the product of his attempting to cheat the executioner with an insufficient poison. Evidently this was a rumor abroad in New York, though Horsmanden doubted the truth of it.

† The gibbet stood “near the powder-house,” which places it on a small island — long since gobbled up by the metropolis — within the marshes of Collect Pond. That’s around the present-day park named for Thomas Paine, which is just south of what’s now Collect Pond Park and at the time stood outside of the city’s main settlement.

Once an essential source of fresh water for Manhattanites, Collect Pond soon became overtaxed by the growing population and polluted by its use as a common sewer, devolving into a foetid slough. This public health hazard was destined for a grand future in New York’s crime annals, for once it was filled in the streets above it became New York’s legendary underworld nest, the Five Points. They were also the original site of The Tombs prison, which had structural problems from its outset due to land subsiding into the buried quagmire.


The Powder House, marked on a 1766 map of New York. (See large original version here.)

Part of Corpses Strewn: New York’s Slave Conspiracy of 1741.

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Entry Filed under: 18th Century,Arson,Businessmen,Capital Punishment,Common Criminals,Death Penalty,Disfavored Minorities,England,Execution,Gibbeted,Hanged,History,New York,Occupation and Colonialism,Power,Public Executions,Racial and Ethnic Minorities,Terrorists,Treason,USA,Women,Wrongful Executions

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1877: George Washington Fletcher, Philadelphia goon

Add comment June 11th, 2016 Headsman

From the New York Herald, June 12, 1877:

PHILADELPHIA, June 11, 1877.

Corrupt and degrading political associations such as pervade the larger American cities have their natural result in the career of the wretch who expiated his crimes upon the gallows in this city to-day.

He bore the name — Heaven save the mark! — of George Washington Fletcher. Born of a good, respectable family, with a brother an exhorter in the Methodist Church, he has been the black sheep of the flock.

Obstinately repelling all good influences, he has deliberately followed a life of crime from boyhood up, and nothing so well shows the depths to which local politics in this city have sunk as the fact that this man was able defiantly to pursue the life he did merely because he had political friends whose dirty work he did.

Secured immunity from punishment by the small fry ward politicians to whom his aid was valuable, this man was nurtured in the belief that for him the law could have no terrors that “influence” could not remove. The leader of a gang whose services as repeaters at the polls in the interest of a corrupt ring of so-called republicans, Fletcher found that he could defy the law and its officers.

His history is a catalogue of offences against the law, but its sudden ending in the midst of his career, in the very prime of life, proves that justice does not always sleep in Philadelphia, even when a politician is the transgressor.

FLETCHER’S CAREER.

Fletcher was born in a portion of the city called Southwark in 1845. He was only eleven years of age when his innate cruely of disposition showed itself in cutting off pigs’ tails at a pork packer’s yards. He was committed to the House of Refuge for this offence, was soon released and was a couple of years later engaged in a row with a colored boy named Robert Clayton, now living in Atherton street, near Fletcher’s old home, and gave him a serious stab in the side with a knife.

About this time the rebellion broke out, and Fletcher followed the First Pennsylvania Reserves to the Army of the Potomac, deserted and afterward became what was known as a “bounty jumper.”

At the close of the war he shiped in the navy, and was drawn to fill the Swatara‘s quota, one of the vessels which accompanied Admiral Farragut‘s fleet to Europe. On their homeward cruise he deserted from the Swatara at Antwerp. He swam ashore. He then made his way to Liverpool, from which place he worked his passage to Philadelphia on a merchant ship.

Fletcher and James Hanley had both been runners with the Marion Hose, of the old volunteer fire department, and on the formation of the paid department both secured positions. The two had been companions in boyhood, but had grown up very different in character, Fletcher having become a young “rough” and political “striker,” and Hanley a quiet, inoffensive, sober and industrious young man.

Fletcher and his chosen companions planned a series of robberies, but obtained amateur “kids” to perform the dangerous work, while they obtained the “swag” and divided the profits among themselves.

Fletcher’s later career as a fireman was marked with acts of violence, one of which was the shooting of a companion named Stark, which occurred some time previous to the murder of Hanley. This case was settled, like many others in which he was involved, and never reached the courts.

OUT OF EMPLOYMENT.

Fletcher and his early companion Hanley appeared to continue on friendly terms until the spring of 1874, when Fletcherwas arrested, charged with having committed an outrage on a girl about fourteen years of age, named Mary Elizabeth McHugh.

On the 27th of April, 1874, the Grand Jury found a true bill against him on this charge, and he was tried three days after and acquitted, but the accusation cost him his position in the Fire Department. After losing his situation Fletcher was for a long time out of work. He complained greatly of his troubles and placed the entire blame on Hanley. He frequently made threats that he would kill him, and his desire for revenge increased as his repeated efforts to have himself reinstated in the Fire Department were unsuccessful.

On election day, November 2, 1875, the day before Hanley was murdered, Fletcher attempted to vote illegally at a poll in the First war. Frank Wilcox, residing in Redwood street, interposed objections, whereupon the fireman rough levelled his pistol and fired directly at him, but the motion of a friendly hand caused the barrel to point downward, and the ball lodged in Wilcox’s foot. That same day, with pistol in hand, Fletcher was scouring the vicinity of the “Neck” with the intention of killing one Antonio Hale.

HIS LAST CRIME.

Shortly before eight o’clock on the evening of the 3d Fletcher visited the engine house to which Hanley was attached.

At the door he met one of the members named Pinker, of whom he inquired, “is Jimmy Hanley up stairs?”

Pinker replied that he was.

“Then,” returned Fletcher, “tell him to come down; I want to see him.”

Pinker replied, “No, I won’t, George, because if he comes down here there will be trouble between you and him.”

Fletcher replied quickly, “Oh, no there won’t; I saw him up town to-day and we made up.”

“All right, then,” said Pinker, “I will call him,” and he then called up stairs.

Hanley was reading a book, but laid it down and came down stairs immediately. The words, “How are you to-night?” passed between him and Fletcher, and they went toward the the outside together in a friendly way.

Hanley leaned against the jamb of the door, and as a drizzling rain was falling Pinker asked him if he had not better put a coat on. Hanley said yes, and asked Pinker to get him one.

The latter took a coat from the truck and advanced with it to Hanley, telling him where to place it again when he was done with it.

Hanley had just raised his arms to pull the coat on when Fletcher drew a small pistol and fired. The ball entered Hanley’s left breast, cut through the lung and passed into the heart, and, reeling back into the engine house, the wounded man exclaimed that Fletcher had shot him, and fell. Pinker and some of the other firemen lifted him and carried him up stairs to a lounge, on which he expired in about five minutes.

Fletcher was at once arrested. His trial took place a few weeks later, and, a verdict of guilty of murder in the first degree having been agreed upon by the jury and a new trial refused, Fletcher on the 12th of February was sentenced “to be hanged by the neck until dead.” The Governor nixed fixed just one year ago for the execution, but through the legal delays and arguments in the Supreme Court the execution was postponed.

Since Fletcher’s conviction the most strenuous efforts have been made to secure his pardon, mainly by politicians, in whose behalf he has often rendered important services at the polls.

James H. Heverin, the prisoner’s counsel, has also labored most faithfully in behalf of his client, not ceasing his endeavors to procure a pardon or a reprieve until within twenty-four hours of his death.

HIS LAST HOURS ON EARTH.

Recently the conduct of the condemned man has undergone a change under the ministrations of the Rev. Camp, the Methodist preacher, who has been in faithful attendance upon him.

Fletcher leaves a wife and three children, aged respectively five, three and about two years, all of whom have been frequent visitors to him and have had a softening effect upon him.

He has gradually come to be repentant for his crimes and to take comfort in the consolations of religion. Yesterday he was visited for the last time by his family, his counsel Mr. Heverin, Rev. Dr. Westwood, George H. Stuart and others. His last farewells are said to have been very touching.

Fletcher went to sleep about ten o’clock last night and slept soundly for five hours. His spiritual advisers were with him until he retired, and he prayed fervently with them.

When he awoke this morning, at half-past three o’clock, he lit a cigar and sat on a stool in a thoughtful mood. He talked to Keeper Everly of his death, and said he was prepared to die.

“In three or four hours,” said he, “I shall be in heaven.”

Early this morning he was visited by Rev. Messrs. Camp and Pearce, and sang with them in a clear, loud voice, the “Crucified One,” one of Moody and Sankey‘s hymns, commencing, “It is the promise of God full salvation to give,” which seemed, of all sacred pieces, his favorite one.

His voice rang out clear in the corridor, and the prisoners near him must have distinctly heard it, for his door was partly open. His brother-in-law paid his farewell this morning.

THE EXECUTION.

The Sheriff and his party arrived at the prison at eighteen minutes before ten o’clock, and upon being told that his counsel were among the visitors Fletcher sent for them.

An affecting interview was the result, all of the party, including ex-Sheriff Leeds, coming out of the cell with their eyes full of tears.

The scaffold was erected in the convict’s corridor. At ten minutes past ten Fletcher was brought from his cell, and the dismal procession walked to the gallows.

As Fletcher stepped on the fatal trap and faced the spectators below he bore a subdued expression, but displayed no sign of trepidation. A neat black suit* gave him a somewhat clerical appearance, which was heightened by his attitude, his hands being peacefully clasped together, while his head slightly inclined as Mr. Camp prayed fervently that as God had permitted His Son to die for sinners and that whomsoever believeth in Him shall have everlasting life, so might His servant, George Fletcher, have his sins pardoned and be admitted to everlasting life.

Then the doomed man, still betraying no sign of wavering, shook hands with the clergymen, the Sheriff and others, and straightened himself up, while the noose was adjusted, his hands manacled behind his back, and the white cap drawn over his face.

He was then left alone on the scaffold, and all but one of the supports under the trap door on which he stood removed.

Rev. Mr. Camp then lifted his voice in a final prayer, saying, “Now, Lord, we commend the soul of George Fletcher to thine everlasting care. Lord Jesus, receive his spirit, in the name of the Father, Son and —-” He had progressed thus far when he was interrupted by the springing of the trap by the Sheriff, who, by pulling the rope, had pulled away the last upright, and Fletcher’s body fell with a jerk.

STRANGLED TO DEATH.

The trap was sprung at eighteen minutes past ten.

The neck was not broken, and the poor man died slowly by strangulation.

At twenty-five minutes past ten, seven minutes after the fall, the pulse was beating 140 to the minute. It lessened rapidly, but it was not until thirty-five minutes past ten, or seventeen minutes after the fall, that the pulse and the heart ceased their action.

The body was then cut down and taken to the deadhouse, where the physicians formally declared death to have resulted from strangulation.


* The suit was provided courtesy of one of Fletcher’s old political bosses, Jesse Tettermary — a little investment in the future loyalty of his other muscle, perhaps. (Per The North American, June 11, 1877)

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Entry Filed under: 19th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,Pennsylvania,USA

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2015: Aftab Bahadur Masih, “I just received my Black Warrant”

Add comment June 10th, 2016 Headsman

A year ago today, Pakistan amid its ravenous 2015 execution binge hanged Aftab Bahadur Masih in Lahore for a 1992 murder.


Two faces of Aftab Bahadur Masih, separated by two decades on death row.

According to the anti-death penalty organization Reprieve, Masih was only 15 years old when he committed the crime. According to Masih himself, he never committed it at all — but instead was tortured into confession by the police.

Don’t take my word for it. Masih wrote a moving first-person essay for the Guardian that was published hours before his hanging.

I just received my Black Warrant. It says I will be hanged by the neck until dead on Wednesday, 10 June. I am innocent, but I do not know whether that will make any difference.

Read the rest here. Masih was also a self-taught painter; one of his products can be seen in this Wall Street Journal story.

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Entry Filed under: 21st Century,Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,Pakistan,Ripped from the Headlines,Torture,Wrongful Executions

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1741: Cook, Robin, Caesar and Cuffee

Add comment June 9th, 2016 Headsman

On this date in 1741, four black men were burned in New York City.

This is the third execution date in that year’s great suppression of a purported slave conspiracy, and it is here that its wantonly inquisitorial character clearly comes to the fore. Accusations under the gallows (or in this case, the pyres) topple like domino-tiles into fresh arrests and new accusations, until from a couple of luckless thieves there are 30-plus souls in the grave.

Eleven days prior, when two slaves named Cuffee and Quack had burned at the stake for this sensational plot, a sham offer of clemency had been extended them with the very fagots beneath their feet. Under this extortion the men had owned the plot, a confession the court privileged as the truth of dying men (for they were burnt anyway, despite their compliance), they duly named as co-conspirators several of those we find in the next tranch of slaves tried before the colony’s highest court.

(We must do Cuffee and Quack the justice of noting that by the time they burned, all those who were to be tried next were already in jail with them, arrested upon the information of another fellow-slave informing to save his own skin. Perhaps the men at the stake supposed their fellows already burnt flesh, and their own accusations strictly ornamental.)

By this point in events, the court was convinced past arguing that a white barkeep named Hughson (whose own Executed Today entry is fast approaching) had played host to large meetings of New York’s Negros, where they drank together and leered at the white servant and toasted one another’s plans to destroy the city. When slaves were wrung for information about the “plot” it was largely to name those who had participated in these supposed meetings. But since a master conspiracy against white New York was now presumed — its alleged leaders had been the first to die — little was required to damn a man but to place him at one of these slaves’ sabbaths. Trials could now become quite perfunctory on any one person’s actual role or misdeeds: just tie him to the satanic cabal.

Even the crown’s own opening statement to the court on June 8 basically promised to mail it in.

It will, I doubt not, appear to you, upon hearing our Witnesses for the King on this Trial, that these six Negroes are some of the Conspirators who combined with those principal Incendiaries, Hughson and his Family, to set on fire the King’s House, and this whole Town, and to kill and murder the Inhabitants.

But as I have already, upon the Trial of the Negro Quack, for burning the King’s House, and of another Negro called Cuffee, for burning Mr. Philipse’s Storehouse, and likewise on the last Trial of Hughson, his Wife and Daughter, and Kerry, endeavoured to set forth their Heinousness of so horrible and detestable a Conspiracy; and the Dangers this City and Province may still be exposed to, until Examples are made of all such as have been concerned in this most wicked Plot; I think I have no Need upon this Trial, to say any Thing further on either of these Heads; not doubting but when you have heard the Crimes which these Criminals stand charged with, proved against them, you will find them Guilty.

The six in question were appended to the horrible and detestable Conspiracy as bullet points in depositions full of denunciations: namely, by the white servant Mary Burton, who was the Abigail Williams character of this particular witch hunt; by Cuffee’s and Quack’s tricked confession at the stake; and by three other slaves — Sandy, Sarah,* and Fortune — who had all been arrested themselves and gave their evidence under the pall of their own probable execution for any failure in cooperation.**

The court would surely reply here that such a society can rarely be penetrated but by dirty hands and compromised witnesses.** Seen in such a light, the roles imputed to these six would have been terrifying.

  • Jack was a “captain” in the cell and resolved “his Knife was so sharp, that if it came a-cross a white Man’s Head, it would cut it off” (according to Sandy); he with Cook “used to be at the Meetings at Hughson’s, when they were talking of firing the Town and murdering the People” (Mary Burton)
  • Cuffee and Caesar “fired Van Zant’s Storehouse” (according to the dying confessions of both Quack and the previous Cuffee) with Caesar declaring for good measure that “he would kill the white Men, and drink their Blood to their good Healths: This about a Fortnight or Three Weeks before the Fort burnt.” (Sandy)
  • Robin “had a Knife there, and sharpened it; and consented to help kill the white Men, and take their Wives.” (Sandy)
  • Jamaica “(being a Fidler) said, he would dance over [white New Yorkers] while they were roasting in the Flames; and said, he had been Slave long enough.” (Mary Burton)

There is at times a suspicious confluence of language — and a repeated fixation on black men seizing white women — that suggest the interrogator’s influence. Nevertheless, depositions overlapping on a number of key points have persuaded not only the slaves’ jurors but some of their latter-day interlocutors that they truly were party to a most audacious design. Every one of them was condemned to death. Jamaica, the fiddler, received the liberality of a three-day wait; the other five were all to burn the very next afternoon — June 9, 1741.

Their actual execution is a one-sentence afterthought in a record already by the morrow speeding along to the next proceedings: “This Day also, The Negroes Cook, Robin (Chamber’s) Caesar (Peck’s) Cuffee (Gomez’s) were executed according to Sentence.” The reader will notice that where five were doomed, only four have died. The fifth, Jack — that fell captain whetting his sharp blade for white throats — was busy that morning saving his own neck by supplying evidence for the crown, straight from the center of the plot. So Jack instead remained in the courtroom, detailing for his prosecutors (soon to be his pardoners) a fresh roster of prey, even as his comrades were wrenched from the courthouse’s basement jail and set alight in downtown Manhattan.

* Our very partial compiler Daniel Horsmanden admits that this witness “was one of the oddest Animals amongst the black Confederates, and gave the most Trouble in her Examinations; a Creature of an outragious Spirit: When she was first interrogated upon this Examination about the Conspiracy, she absolutely denied she knew any Thing of the Matter … her Conduct was such upon the Whole, that what she said, if not confirmed by others, or concurring Circumstances, could not deserve entire Credit.”

** In fact, the court did make this argument (“if Pagan Negroes could not be received as Witnesses against each other … [then] the greatest Villanies would often pass with Impunity”), for it was also defending itself as early as July of 1741 against contemporary whites who doubted that any actual terrorist conspiracy existed among the slaves. The anonymous New England critic whose letter surviving to us compares New York in 1741 to Salem in 1692 noticed “that such Confessions unless some certain Overt Act appears to confirm the same are not worth a Straw; for many times they are obtained by foul means, by force or torment, by Surprise, by flattery, by Distraction, by Discontent with their circumstances, through envy that they may bring others into the same condemnation, or in hopes of a longer time to live, or to die an easier death.” This was a soul ahead of its time.

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Entry Filed under: 18th Century,Arson,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,History,New York,Not Executed,Pardons and Clemencies,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,USA

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1743: John Breads, Rye killer

Add comment June 8th, 2016 Golde Singer

On this day in 1743, John Breads met his fate on the gallows in the small Sussex town of Rye, on the south coast of England. The spectacle of his hanging was compounded by the subsequent use of the gibbet, a cage in which Breads’s body was left exposed to the elements in Gibbets Marsh for more than 20 years.

On the face of it, this was just another hanging in the dustbin of history, but author Paul Kleber Monod uses it as the focal point of a book, The Murder of Mr. Grebell: Madness and Civility in an English Town (review | another), in which he wraps Rye, the murder and the execution into the social structures of England (especially small-town England) of the 18th century.

Although the murder itself is a small part of Monod’s book, he nonetheless outlines two aspects of the Breads story which make it worth a look by readers of Executed Today:

  1. the issue of fairness in the handling of the trial and execution; and
  2. the killer’s attempt to assert “mental distraction”

The facts of the murder itself seem fairly straightforward, although a little quirky, since the whole affair was apparently a case of mistaken identity: James Lamb, the then-mayor of Rye, was invited to dinner on March 16, 1743, to celebrate the appointment of his son John to the customs service. Lamb was feeling ill that day and asked his brother-in- law, Allen Grebell, to attend the dinner in his place. As Grebell was returning home after the event, he was attacked and stabbed in the churchyard by John Breads; although Grebell was able to make it back to his home, he died that night from his wounds.

When Breads was arrested for the murder, he claimed he had intended to kill Lamb, not Grebell. Monod points out that, since Lamb was related (albeit by marriage) to the victim, normal procedure would have been to move any hearing or trial to another jurisdiction, or at least allow an independent jurist to preside over the case. Breads’s assertion that Lamb was the intended victim should have given the Mayor even more reason not to be involved.

Instead, he insisted on keeping the trial in Rye and compounded the irregularity by acting as both prosecutor for the grand jury and as judge for the trial, thus ignoring judicial standards relating to conflict of interest. Additionally, one description of the trial claims that Lamb testified during the trial itself; if this is true, Monod says, such testimony was a breach of common law, which dictated that judges could not testify in cases over which they were presiding.

Monod introduces a commentary by Rye resident and lawyer Henry Dodson, who questioned whether Breads had received a fair trial in light of Lamb’s actions:

How fair a Tryal, the Prisoner had, I leave the Reader, to determine after he is informed, the above Mr. Lamb, was Mayor, Coroner, Party Prosecuting, Judge, Witness and Sheriff, in Presenting, Trying and Executing the said John Breads.

I suppose, he was Mayor, Coroner, and Sheriff, as essentiall, to the office of Mayoralty; Party and prosecutor, as Brother in Law to the Unfortunate good Gentleman, that was Killed; and Judge, and Witness out of Zeal, in getting the Prisoner proved Sane …

Dodson seemed to feel that Lambs involvement in the case was just a little too personal, and the fact that Breads was gibbeted after his execution might lend some credence to that idea. Gibbeting, Monod points out, was not usually a punishment imposed by a judge, but rather by royal order, and it was generally reserved for the most serious of killers.

But Monod puts the trial into a larger social context, suggesting that

the trial of John Breads bears a message about how the law operated in the 18th century [and] stands as an example of how authority might assert itself aggressively and unrestrainedly. The last word belonged to the judge … a kind of paternalism based on the social (and hence moral) inequality between defendant and judge. It was the opinion of the magistrate that counted.

[This] system reflected a social and political structure in which authority had been concentrated in a few hands, usually by inheritance … Breads had little chance of escaping the most extreme form of retribution.

The second point of interest in the Breads trial was that it stood at the cusp of a new understanding of insanity in the commission of crimes.

This is a mere replica of the Breads gibbet on display at the Rye Museum, but the town council still has possession of the original, skull and all. It’s reported to be a highly sought gawk, but it can only be seen by special arrangement.

Although Breads originally claimed his plan was to kill the mayor, he changed his tune at the trial, where he was reported as having said that “if he had committed the Fact, he knew nothing of it, for it was done when he was in Distraction … In short, he affected Madness …” (Kentish Post, June 1-4, 1743)

Or, in today’s parlance that would fitfully develop, “Not guilty by reason of insanity.”

Insanity had been a legitimate defense for years, but the definition of insanity was very much in flux at this time. Doctors suggested that madness was due to a mental defect rather than possession by an evil spirit and lawyers were pushing the idea that homicide required “malice aforethought,” while many average citizens still believed that those who were mad were in the grip of the devil.

Monod proposes yet another possibility by putting the question into a sociological context: “Insanity does not operate randomly,” he writes. “It cannot separate a sufferer from the social context in which he or she exists.”

For Breads, whose upbringing had been closely tied to his church, that context included unsuccessful attempts in the late 1600s by religious purists to wrest control of Rye’s government and economy from the wealthy secular class, and the antagonistic feelings that remained from the abject failure of that effort and the perceived religious persecution that followed it. Breads was no doubt influenced by that antagonism, Monod suggests, and those feelings “may have alienated him from the way the town was governed … [He] wanted to vent his rage on the oligarchs.” As a result, “Even in his madness, Breads was trapped by his own history and that of his native town.”

Whatever the source of Breads’ “distraction,” it did him no good. But it did become one piece of a serious conversation about the issue — a conversation which has continued for centuries.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Diminished Capacity,England,Execution,Gibbeted,Guest Writers,Hanged,History,Murder,Other Voices,Public Executions

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