England held its last-ever public execution on this date in 1868, and made it big game indeed: Fenian Michael Barrett, whose Clerkenwell Prison bombing long remained one of the most infamous atrocities of the Irish nationalist cause.
The bill certifying the end of that distinctive institution, the public hanging, would be finalized three days hence, so the occasion’s milestone was anticipated in advance. Elites increasingly disdained the boorish carnivals that unfolded under the gallows, like Dickens who complained that “no sorrow, no salutary terror, no abhorrence, no seriousness; nothing but ribaldry, debauchery, levity, drunkenness, and flaunting vice in fifty other shapes” redeemed the 1840 hanging of Courvoisier.
“The crowd was most unusually orderly,” ran the Times‘ report of Barrett’s death — a sort of dual eulogy — “but it was not a crowd in which one would like to trust.”
It is said that one sees on the road to the Derby such animals as are never seen elsewhere; so on an execution morning one see faces that are never seen save round the gallows or near a great fire. Some laughed, some fought, some preached, some gave tracts, and some sang hymns; but what may be called the general good-humoured disorder of the crowd remained the same, and there was laughter at the preacher or silence when an open robbery was going on. None could look on the scene, with all its exceptional quietness, without a thankful feeling that this was to be the last public execution in England. Towards 7 o’clock the mass of people was immense. A very wide open space was kept round the gallows by the police, but beyond this the concourse was dense, stretching up beyond St. Sepulchre’s Church, and far back almost, into Smithfield — a great surging mass of people which, in spite of the barriers, kept swaying to and from like waving corn. Now and then there was a great laughter as a girl fainted, and was passed out hand over hand above the heads of the mob, and then there came a scuffle and a fight, and then a hymn, and then a sermon, and then a comic song, and so on from hour to hour, the crowd thickening as the day brightened, and the sun shone out with such a glare as to extinguish the very feeble light which showed itself faintly through the glass roof above where the culprit lay. It was a wild, rough crowd, not so numerous nor nearly so violent as that which thronged to see Muller or the pirates die. In one way they showed their feeling by loudly hooting a magnificently-attired woman, who, accompanied by two gentlemen, swept down the avenue kept open by the police, and occupied a window afterwards right in front of the gallows. This temporary exhibition of feeling was, however, soon allayed by coppers being thrown from the window for the roughs to scramble for. It is not right, perhaps, that a murderer’s death should be surrounded by all the pious and tender accessories which accompany the departure of a good man to a better world, but most assuredly the sight of public executions to those who have to witness them is as disgusting as it must be demoralizing even to all the hordes of thieves and prostitutes it draws together. Yesterday the assembly was of its kind an orderly one, yet it was such as we feel grateful to think will under the new law never be drawn together again in England.
Michael Barrett’s ticket to this last assembly was punched by a different execution six months previous — the hanging of the Manchester Martyrs. This trio of Irish patriots were part of a mob who liberated some comrades from a police van, shooting a policeman in the process — though it was far from certain that any of these three actually fired shots.
Of importance for our purposes today was the crackdown on other Fenians occasioned by the Manchester affair. In November of 1867, a Fenian agent named Richard O’Sullivan Burke was arrested with his companion Joseph Casey in London purchasing weapons for the movement. They were clapped in Clerkenwell Prison pending trial.
The bombing that brought Michael Barrett to the gallows was a bid to liberate these men … and it did not pause for subtlety. The conspirators simply wheeled a barrel of gunpowder up to the wall of the facility when they expected the inmates to be at exercise in the adjacent yard. The explosion blasted a 60-foot gap in the wall; the inward-collapsing rubble might easily have been the death rather than the salvation of the prospective beneficiaries, except that they weren’t actually in the yard at all — nobody was there, and nobody escaped Clerkenwell.
But numerous working-class families lived in little tenements opposite the prison and were there, and in fact Clerkenwell had a reputation for political radicalism and Fenian sympathy. This monstrous new “infernal machine” tore through Clerkenwell homes, leaving 12 people dead and numerous buildings near to collapse, while windows and chimneys shivered to pieces all up and down the block.
Improvised struts shore up damaged buildings opposite the wall of Clerkenwell Prison reduced to rubble by the December 13, 1867 Fenian bombing.
Karl Marx, a strong supporter of the Irish cause, despaired this counterproductive turn towards terrorism: “The London masses, who have shown great sympathy towards Ireland, will be made wild and driven into the arms of a reactionary government. One cannot expect the London proletarians to allow themselves to be blown up in honour of Fenian emissaries.”
English reformer Charles Bradlaugh agreed. “The worst enemy of the Irish people could not have devised a scheme better calculated to destroy all sympathy,” he wrote.
Punch magazine depicts the Clerkenwell bomber(s) as the “Fenian Guy Fawkes“.
Considering the magnitude of the crime, someone would have to pay for it. That Barrett was that someone did not sit well for many.
Five men and a woman stood trial at the Old Bailey in April for the Clerkenwell outrage, but Barrett was the only one of them convicted, a terribly inadequate investigation/prosecution outcome given the infamy of the crime.
That conviction stood on the basis of disputed eyewitness identifications: Barrett produced witnesses who said he was in Glasgow when the bomb went off, while the crown found others who would swear he was actually in London. (The length of Barrett’s whiskers on specific dates in late November and early December forms a running subplot of the dueling testimonies.)
The reliability and even the good faith of all such winesses might well be impugned. A highly questionable stool pigeon named Patrick Mullany who ducked prosecution by turning crown’s evidence, charged that Barrett personally set off the ordnance.
To give me credit for such an undertaking is utterly absurd; being, as I am, a total stranger to acts of daring, and without any experience which would in any way fit me for engaging in such an enterprise. Is it not ridiculous to suppose that in the City of London, where … there are ten thousand armed Fenians, they would have sent to Glasgow for a party to do this work, and then select a person of no higher standing and no greater abilities than the humble individual who now stands convicted before you? To suppose such a thing is a stretch of imagination that the disordered minds of the frightened officials of this country could alone be capable of entertaining.
If it is murder to love Ireland more dearly than life, then indeed I am a murderer. If I could in any way remove the miseries or redress the grievances of that land by the sacrifice of my own life I would willingly, nay, gladly, do so. if it should please the God of Justice to turn to some account, for the benefit of my suffering country, the sacrifice of my poor, worthless life, I could, by the grace of God, ascend the scaffold with firmness, strengthened by the consoling reflection that the stain of murder did not rest upon me, and mingling my prayers for the salvation of my immortal soul with those for the regeneration of my native land.
Benjamin Disraeli’s government could not in the end realistically entertain the agitation from liberal and radical circles for sparing Barrett, because that would mean that nobody would hang for Clerkenwell. But as the next day’s edition of Reynold’s News noted, “Millions will continue to doubt that a guilty man has been hanged at all; and the future historian of the Fenian panic may declare that Michael Barrett was sacrificed to the exigencies of the police, and the vindication of the good Tory principle, that there is nothing like blood.”
Three months after Barrett made that expiation, England officially began its era of fully private hangings behind prison walls.
* James Joyce hung out with a (much-older) Joseph Casey in Paris in the early 20th century. Yes, that’s in Ulysses too: “He prowled with Colonel Richard Burk, tanist of his sept, under the walls of Clerkenwell and crouching saw a flame of vengeance hurl them upward in the fog. Shattered glass and toppling masonry. In gay Paree he hides, Egan of Paris, unsought by any save by me.”
Pawel Tuchlin, whose eight-year serial murder spree earned him the nickname “the Scorpion”, was hanged on this date in 1987 — the second-last execution in Poland’s history.
The classic quiet-neighbor-we-never-saw-it-coming type, farmer Tuchlin authored 20 sex attacks on young women in the vicinity of Gdansk from 1975 to 1983. Eleven of the victims survived their ordeals, but a bloodied hammer recovered from Tuchlin’s farm testified to the horror of the nine deaths to his name.
After confessing the crimes, Tuchlin attempted to retract the admission — and upon sentencing in 1985 he anticipated O.J. Simpson by a decade with his vow, “If I am released, I will search for the murderer to the end of my life.”
Khosravi rocketed up the world’s rich lists — Forbes estimated that he would slot in around no. 219 in 2012 — during the late 2000s, when he launched the Aria Investment Development Company. This firm sprouted up from a strapling of 50 million rial (just a couple thousand US dollars) to 20 billion rial in just three years — thanks, as investigations ultimately revealed, to a series of bank loans obtained by means of forged documents that bank managers were tricked or bribed into accepting, then using those loans to purchase state-owned companies like Khuouzestan Steel at sweetheart rates.
According to the Associated Press, “Khosravi’s business empire included more than 35 companies from mineral water production to a football club and meat imports from Brazil.” His fall was a gigantic scandal, generally reckoned the largest financial scam in the history of the Islamic Republic.
He fought in several battles, and a 40-man mounted unit he had personally raised was in the field until the end of 1864 — well after Russia had quelled most other resistance.
Finally cornered in April 1865 and captured in a gunfight, he was executed before a crowd of thousands. Later generations, with an independent Poland to call their own, have garlanded Brzoska’s memory with various markers and statues.
Polish speakers might enjoy this presentation of the hero-priest’s life:
On or about this date in 1929, Russian railway magnate Nikolaus (Nikolai) Karlovich von Meck was shot as a saboteur.
Von Meck (Russian link) had the iron horse in his blood: his father Karl was among Russia’s first railroad-builders after the Crimean War clock-cleaning motivated the tsar to make with the modernizing.
While von Meck pere was busy laying crossties in the 1860s, the St. Petersburg Conservatory was germinating the young composer Tchaikovsky. In time, the two men would be linked by the union of their kin: our man Nikolaus Karlovich von Meck married Tchaikovsky’s niece, Anna.
It wasn’t just a glancing association with the musical colossus for the von Mecks. Karl’s widow — Nikolaus’s mother — Nadezhda was Tchaikovsky’s main financial patron for 13 years. They weren’t lovers: Tchaikovsky was gay, and the reclusive Nadezhda von Meck demanded as a condition of her patronage that they never meet. But they kept up a voluminous correspondence, and Tchaikovsksy dedicated several works to her — like this Sympohony No. 4 in F minor.
So Nikolaus von Meck was the genius’s patron’s son as well as the genius’s niece’s husband.
He was also a brilliant engineer and entrepreneur in his own right; over the 26 years preceding the Russian Revolution, he chaired the Moscow-Kazan Railway firm that his father had begun back in the 1860s. Under the son’s leadership its rail-mileage multiplied more than tenfold. He was also one of Russia’s first motorists.
Von Meck remained in Russia after the Bolshevik Revolution, continuing to work on developing the now-Soviet state’s rail infrastructure — his means reduced, he remained no less the conscientious and patriotic artificer. That held even after the man was arrested as a counter-revolutionary a few different times in the revolution’s early years; each time he was soon released.
Ostensibly designed to target the saboteurs that were supposedly retarding economic growth, it would prove its utility in the frightful years ahead as a first-rate instrument of the Terror. The prospect that any economic setback, inefficiency or controversy could be lethally attributed to a cabal of global capitalists intent on strangling communism in the crib made “wrecking” as flexible and as devastating a charge as witchcraft had once been. How do you even begin to rebut that? Wrecking would in time be attributed to innumerable purge victims, great and small, and an implied whip against every worker who might be slacking on his production quota.
This potent juridical apparatus went for its first spin in the North Caucuses city of Shakhty in 1928-29. The Shakhty Trial of 53 engineers and technicians as “wreckers” also has the distinction of being Stalin’s first show trial. Von Meck and four other men* were condemned to die, a comparatively modest harvest of blood next to what was to come; 44 others went to prison.
“What accomplished villains these old engineers were! What diabolical ways to sabotage they found!” Solzhenitsyn mused of those luckless soulsin The Gulag Archipelago.
Nikolai Karlovich von Meck of the People’s Commissariat of Railroads, pretended to be terribly devoted to the development of the new economy, and would hold forth for hours on end about the economic problems involved in the construction of socialism, and he loved to give advice. One such pernicious piece of advice was to increase the size of freight trains and not worry about heavier than average loads. The GPU [forerunner of the NKVD, which in turn became the KGB -ed.] exposed von Meck, and he was shot: his objective had been to wear out rails and roadbeds, freight cars and locomotives, so as to leave the Republic without railroads in case of foreign military intervention! When, not long afterward, the new People’s Commissar of Railroads, Comrade Kaganovich, ordered that average loads should be increased, and even doubled and tripled them (and for this discovery received the Order of Lenin along with others of our leaders) — the malicious engineers who protested became known as limiters. They raised the outcry that this was too much, and would result in the breakdown of the rolling stock, and they were rightly shot for their lack of faith in the possibilities of socialist transport.
Minutes after midnight this date in 1912, a desexed preacher’s troubled concupiscence was at last abated by the Massachusetts mercy seat.
Some demon ruled Clarence Virgil Thompson Richeson‘s wayward footsteps through this life, and ere its last immolation saw Richeson alternate a serial pattern of abstinent betrothals with bouts of increasingly severe mental instability.
“Clarence had become deranged,” wrote one of the several theological seminaries he attended to his father, explaining why he couldn’t be kept.
Derangement for Clarence Richeson ranged from the merely embarrassing (wet dreams, three or four times a week) to the positively poltergeistian (bouts of raving, delirious lunacy). These foibles proved no obstacle to the charismatic Richeson’s repeated engagement — six or more young women by my count succumbed to his court — although he would later confess that these relationships, never consummated in matrimony, were almost never consummated in bed either. Richeson claimed to have remained a virgin until age 28, and then for most of the succeeding six years as well, even though a book of that period describes him as a “tall, handsome giant with the classic face of a Gibson hero.” On at least one occasion he besought a doctor to castrate him as he feared he could not keep his self-control around women.
Richeson’s strange proclivities kept interrupting the cursus honorum of Baptist pastorships that comprised his professional life: he had to resign from a church in Kansas City in 1904 after proposing to three different women, and a gig in El Paso was cut short when he fell into a spell of paranoid delusion.
1908 finds him a minister once again, now in Hyannis, Mass., and celebrating the birthday of 17-year-old Avis Linnell with an engagement ring. His “spells” or “fits” of madness were continuing as well, and numerous associates would later produce affidavits testifying to his violent outbursts. A doctor (who only quelled Rev. Richeson this night by morphine) recalled one incident:
I was called to see him at the residence of Mrs. Hallet, with whom he was boarding, and when I arrived I found there were with him two or three men whom I knew to be members of his church; he was acting violently and they were trying to control and quiet him both by words and by attempting to restrain him by physical force. He appeared at times to be partly conscious; then he would go into a state whereby he lost consciousness and was practically unconscious, apparently had no knowledge of what he was doing or saying. During this period of time he talked irrationally, raved incoherently, and physically manifested an abnormal degree of strength.
Parishioners decent enough to stand with their preacher would eventually find these private afflictions played out in lurid public detail. That was after Avis Linnell turned up dead at the Boston YWCA where she boarded while studing at the New England Conservatory of Music. It was 17 days before her scheduled Halloween, 1911 marriage to Clarence Richeson, and Miss Linnell was pregnant.
At first ruled a suicide, the case caught the eye of the Boston Post, whose swarm of reporters soon found a pharmacist who had sold Richeson cyanide days before the death of his betrothed. Richeson’s clemency petitions would eventually focus on his unbalanced mental state, but poison, of course, suggests the calculation of the pastor and not the outbursts of the madman within. (We’re getting ahead of ourselves, but doctors arguing for mercy also viewed Richeson as a prime research subject, whose maintenance behind bars could help to avert dangerous mental illnesses in others in the future.)
Matters went very quickly from this point.
Richeson resigned from his pastorship and, while lying in jail under indictment, slashed himself with a sharp piece of tin. Not his wrists, but his manhood — an attempted emasculation that was near enough successful that the physician responding to his shrieks was obliged to complete it in order to close up the wound. Richeson would later insist that he “shall think to my dying day that two men came in and did it” — apparitions of his mind’s creation.
The dying day was quick in coming. Two weeks after his self-mutilation, on January 5, 1912, Richeson withdrew his pretrial not guilty plea and simply copped to the murder. The death sentence was mandatory, but the plea also prevented any opportunity for a jury to rule on whether the killer’s instability lessened his criminal culpability. It was the opinion of some psychiatrists and not a few laymen that it was not simply a matter of Richeson’s state slipping between lucidity and delirium, but that his deterioration over the years had delivered him into a state of permanent derangement. Even Avis Linnell’s mother forgave her daughter’s killer “this dreadful thing” because “it is my belief he went to the electric chair an insane man and that he has been mentally irresponsible for some time past.”
On Sunday, May 19, a day and a half before he became the 14th client of the Massachusetts electric chair, Rev. Richeson conducted his last service — not in the prison chapel (against regulations) but from his own cell. “This is Sunday my last on earth,” he reflected. “If I had lived a righteous life I should today be delivering a sermon from the pulpit of my church in Cambridge instead of being caged here awaiting a felon’s death.”
It had not been so long ago in those environs that any execution would be a prayerful service, condemned together with the congregation. Matters by now were disposed of behind prison bars, but the electrocution of a clergyman was far too rich a theme not to fill New England’s actual pulpits that same day with topical exhortations; indeed, since the Richeson case made national headlines, these were preached all over. (The Olympia, Wash., Daily Recorder of May 20 notes a Presbyterian baccalaureate address that Sunday touching on Richeson as a cautionary example; the Grand Rapids, Mich. Evening Press of May 27 had a preacher at the Calvary Baptist Church declaiming against Richeson’s execution as an instance of anti-clerical prejudice.)
With the witnesses all gathered in the death chamber and just as the last straps were being adjusted the Rev. Herbert S. Johnson stepped forward and asked Richeson the following questions which he answered in a clear voice:
“Would you like to confess Christ as your Savior before these witnesses?”
“I do confess Christ as my Savior.”
“Have you the peace of God in your heart in this hour?”
“I have the peace of God in this hour.”
“Does Christ give you the strength you need in this hour?”
“Christ gives me the strength I need.”
“Do you repent of your sins?”
“Have you the peace of God in your heart?”
“God will take care of my soul and I pray for all.”
“Are you willing to die for Jesus’ sake?”
“I am willing to die.”
Just as he uttered the word “die,” Warden Bridges tapped the stone floor with his gold headed black cane which had been used so many times as a signal to the executioner who switched on the electric current and at 12:17 Drs. McLaughlin, McGrath and Butler pronounced Richeson legally dead. The penalty exacted by the laws of Massachusetts had been paid and all hope of studying this abnormal man for the purpose of aborting criminal tendencies in others of his kind was wiped out in a few seconds.
On the first of this month the criminal court sat for the trial of a soldier belonging to the regiment, who had a few days before stabbed a seaman of the Reliance, who insulted him when centinel at one of the wharfs at Sydney. The man died of the wound; the soldier, being called upon to answer for his death, proved to the satisfaction of the court, that it had been occasioned by the intemperance of the seaman, and he was accordingly found to have committed a justifiable homicide.
This accident was the effect of intoxication, to which a few days after another victim was added, in the person of a female, who was either the wife or companion of Simon Taylor, a man who had been considered as one of the few industrious settlers which the colony could boast of. They had both been drinking together to a great excess; and in that state they quarrelled, when the unhappy man, in a fit of madness and desperation, put an untimely end to her existence. He was immediately taken into custody, and reserved for trial.
To this pernicious practice of drinking to excess, more of the crimes which disgraced the colony were to be ascribed than to any other cause; and more lives were lost through this than through any other circumstance; for the settlement had ever been free from epidemical or fatal diseases. How much then was the importation of spirits to be lamented! How much was it to be regretted, that it had become the interest of any set of people to vend them!
Several robberies which at this time had been committed were to be imputed to the same source.
Several offenders having been secured for trial, it became necessary to assemble the court of criminal judicature; and on the 16th Simon Taylor was brought before it, accused of the murder of his wife [Ann Smith was her name -ed.]; of which offence being clearly convicted, he received sentence of death, and was executed on the 20th at Parramatta. This unhappy man was thoroughly sensible of the enormity of his guilt, and in his last moments admonished the spectators against indulging in drunkenness, which had brought him to that untimely and disgraceful end.
At the same court, one man, Robert Lowe, was adjudged corporal punishment, and one year’s hard labour, for embezzling some of the live stock of Government, which had been entrusted to his care. He was a free man, and had been one of the convicts who were with Captain Riou in the Guardian, when her voyage to New South Wales was unfortunately frustrated by her striking upon an island of ice; on account of which, and of their good conduct before and after the accident, directions had been given for their receiving conditional emancipation, and being allowed to provide for their own maintenance.
Few of these people, however, were in the end found to merit this reward and indulgence, as their future conduct had proved; and this last act of delinquency pointed out the necessity of a free person being sent out from England to superintend the public live stock, with such an allowance as would make him at once careful of his conduct, and faithful in the execution of his trust.
It should seem that the commission of crimes was never to cease in this settlement. Scarcely had the last court of judicature sent one man to the gallows, when a highway robbery was committed between the town of Sydney and Parramatta. Three men rushed from an adjoining wood, and, knocking down a young man who was travelling to the last mentioned town, rifled his pockets of a few dollars. On his recovering, finding that only one man remained, who was endeavouring to twist his handkerchief from his neck, he swore that no one person should plunder him, and had a struggle with this fellow, who, not being the strongest of the two, was secured and taken into Parramatta. A court was immediately assembled for his trial; but the evidence was not thought sufficient to convict him, and he was consequently acquitted. The want of any corroborating circumstance on the part of the prosecutor compelled the court to this acquittal.
This date in 1865 was the originally scheduled hanging of Indiana pro-slavery gadfly Lambdin P. Milligan — a sentence respited two days prior by President Andrew Johnson, and then subsequently commuted, for which reason Milligan survived to attach his surname to a landmark Supreme Court decision the following year.
During the Civil War, the state of Kentucky was a borderlands claimed by, and viciously fought over, by both North and South. “I hope to have God on my side, but I must have Kentucky,” Abraham Lincoln wrote in 1861.
Kentucky’s northern neighbor, the Union breadbasket Indiana, had little fighting and no hint of Confederate power — but it was a hotbed of so-called “Copperheads”, northern Democrats who opposed Lincoln’s willingness to prosecute the civil war. So fraught was the Hoosier political situation that in 1862, Indiana’s Republican governor refused to call the Democrat-dominated legislature for fear that it might vote a secession bill or attempt to withdraw Indiana from the war.
The inevitable existence of northern domestic opposition to the war came joined at the hip to impossible statecraft conundrums. Just how much wartime dissent and/or resistance could be countenanced — as a legal matter, and a practical one? President Lincoln would not have received an A+ from the American Civil Liberties Union; he suspended the writ of habeas corpus in the Union and resorted to military tribunals and martial law in some places.
Our man Milligan was one of these Copperhead Indiana Democrats born to test Washington’s elasticity. He was an exponent of the Knights of the Golden Circle,* a pro-slavery secret society whose name denoted their aspiration to the antebellum filibusters‘ dream of a human-bondage empire to ring the Caribbean basin.
An attorney,** Milligan briefly became the toast of Democrats nationwide (whatever was left of the nation) for his robust defense of Clement Vallandigham when the former Congressman was prosecuted under the anti-Copperhead General Order 38.
At this point, Milligan was very well-known in what was then called the Northwest, and he was a major political player in Indiana — a pivotal state in the 1864 election.
But according to federal spies who tailed him in 1863-64, his interests in governance ran to more illicit grants of state power. Milligan was arrested in October 1864 as a principal in what was dubbed the “Northwestern Conspiracy”: a plot to mobilize the antiwar factions in that part of the country. This was no mere matter of pamphleteering; the “visionary and desperate” scheme aimed to prolong the hopes of the now-fading South by instigating an armed uprising in the Northwest that would relieve Union pressure on Dixie and perhaps turn the tide of the war.
Milligan was among several of the conspirators swept up in arrests in the following weeks, then tried by military tribunal for treason and sedition. It’s hard to argue that the plot was anything but.
But why a military court? This is the question in Milligan’s great legacy to posterity, the Supreme Court ruling Ex Parte Milligan.†
Milligan himself was not a soldier, and had not been in a war zone. He was a civilian, and Indiana’s regular civilian courts had never ceased to function. The question at stake in Milligan’s appeal to the Supreme Court was whether there was any legitimate recourse to a military tribunal under such conditions — well behind the lines, as it were.
On the morning of March 5, 1866, 34-year-old Republican U.S. Representative James Garfield — the future president whose assassin would command contentious caselaw all his own — strode into the U.S. Supreme Court to eloquently argue Milligan’s side.
“Such a doctrine,” Garfield intoned of the civilian courts’ being intentionally bypassed on national security grounds, “is too monstrous to be tolerated for a moment; and I trust and believe that … it will receive its just and final condemnation. Your decision will mark an era in American history. the just and final settlement of this great question will take a high place among the great achievements which have immortalized this decade. It will establish forever this truth, of inestimable value to us and to mankind, that a republic can wield the vast enginery of war without breaking down the safeguards of liberty; can suppress insurrection, and put down rebellion, however formidable, without destroying the bulwarks of law; can, by the might of its armed millions, preserve and defend both nationality and liberty … if the protection of the law shall, by your decision, be extended over every acre of our peaceful territory, you will have rendered the great decision of the century.
The high court found for Milligan unanimously, establishing as a constitutional bedrock Garfield’s proffered principle that civilian courts must try civilians wherever those courts are open, and ordered Milligan’s release. Although re-indicted by a civilian grand jury, Milligan was not re-prosecuted; he resumed his law practice and died near Fort Wayne, Indiana on December 21, 1899.
** Milligan studied law in Ohio, his native soil; his class of nine also included Edwin M. Stanton — Lincoln’s War Secretary during the events of this post. Milligan himself reflected that “I should have probably been hung” but for his fortuitous ancient friendship with Stanton.
† Court precedents with names like Furman v. Georgia are most familiar to us, signifying two disputing parties; by contrast, the phrase ex parte (by/for the party) theoretically indicates a decision issued on behalf of the named party, without need of any opposing party’s intervention. (Ex parte Quirin is another notable death penalty case using this terminology.)
While the ex parte locution was once a common one for habeas corpus appeals, such cases were in practice almost invariably contested by some organ of the state — as Milligan’s was.
A pitiless mother, that most unnaturally at one time murdered two of her own children, at Acton within six miles from London, upon Holy Thursday last 1616, the ninth of May. Being a gentlewoman named Margaret Vincent, wife of Mr. Jarvis Vincent of the same town. With her examination, confession and true discovery of all proceedings in the said bloody accident.
How easy are the ways unto evil, and how soon are our minds (by the Devil’s enticement) withdrawn from goodness. Leviathan, the archenemy of mankind, hath set such and so many bewitching snares to entrap us that unless we continually stand watching with careful diligence to shun them, we are like to cast the principal substance of our reputation upon the rack of his ensnaring engines. As for example, a gentlewoman, ere now fresh in memory, presents her own ruin amongst us, whose life’s overthrow may well serve for a clear looking-glass to see a woman’s weakness in, how soon and apt she is won unto wickedness, not only to the body’s overthrow but the soul’s danger. God of his mercy keep us all from the like wilfulness.
At Acton, some six miles westward from London, this unfortunate gentlewoman dwelled, named Margaret Vincent, the wife of Mr. Jarvis Vincent, gentleman, who by unhappy destiny marked to mischance I here now make the subject of my pen and publish her hard hap unto the world, that all others may shun the like occasions by which she was overthrown.
This Margaret Vincent before named, of good parentage, born in the county of Hertford at a town named Rickmansworth, her name from her parents Margaret Day, of good education, graced with good parts from her youth that promised succeeding virtues in her age, if good luck had served. For being discreet, civil, and of modest conversation, she was preferred in marriage to this gentleman Master Vincent, with whom she lived in good estimation, well beloved and much esteemed of all that knew her for her modesty and seemly carriage. And so might have continued to her old age, had not this bloody accident committed upon her own children blemished the glory of the same.
But now mark (gentle reader) the first entrance into her life’s overthrow, and consider with thyself how strangely the Devil here set in his foot and what cunning instruments he used in his assailments. The gentlewoman being witty and of a ripe understanding desired much conference in religion, and being careful, as it seemed, of her soul’s happiness, many times resorted to divines to have instructions to salvation, little thinking to fall into the hands of Roman wolves (as she did) and to have the sweet lamb, her soul, thus entangled by their persuasions.
Twelve or fourteen years had she lived in marriage with her husband well beloved, having for their comforts diverse pretty children between them with all other things in plenty, as health, riches, and such like, to increase concord and no necessity that might be hindrance to contentment. Yet at last there was such traps and engines set that her quet was caught and her discontent set at liberty. Her opinion of the true faith (by the subtle sophistry of some close Papists) was converted to a blind belief of bewitching heresy. For they have such charming persuasions that hardly the female kind can escape their enticements, of which weak sex they continually make prize of and by them lay plots to ensnare others, as they did by this deceived gentlewoman. For she, good soul, being made a bird of their own feather, desired to beget more of the same kind and from time to time made persuasive arguments to win her husband to the same opinion, and deemed it a meritorious deed to charge his conscience with that infectious burden of Romish opinions, affirming by many false reasons that his former life had been led in blindness, and that she was appointed by the Holy Church to shew him the light of true understanding. These and such like were the instructions she had given her to entangle her husband in and win him if she might to their blind heresies.
But he, good gentleman, over-deeply grounded in the right faith of religion than to be thus so easily removed, grew regardless of her persuasions, accounting them vain and frivolous, and she undutiful to make so fond an attempt, many times snubbing her with some few unkind speeches, which bred in her heart a purpose of more extremity. For having learned this maxim of their religion that it was meritorious, yea, and pardonable, to take away the lives of any opposing Protestants were it of any degree whatsoever, in which resolution or bloody purpose she long stood upon and at last (only by the Devil’s temptation) resolved the ruin of her own children, affirming to her conscience these reasons: that they were brought up in blindness and darksome errors, hoodwinked (by her husband’s instructions) from the true light, and therefore to save their soul (as she vainly thought) she purposed to become a tigerous mother, and so wolfishly to commit the murder of her own flesh and blood. In which opinion she steadfastly continued, never relenting according to nature but casting about to find time and place for so wicked a deed, which unhappily fell out as after followed.
It so chanced that a discord arose between the two towns of Acton and Willesden about a certain common bordering between them, where the town of Acton, as it seems, having the more right unto it, by watching defended it a time from the other’s cattle. whereupon the women of the same town, having likewise a willingness to assist their husbands in the same defence, appointed a day for the like purpose, which was the Ascension Day last past, commonly called Holy Thursday, falling upon the 9th of the last past month of May. Which day (as ill chance would have it) was the fatal time appointed for her to act this bloody tragedy, whereon she made her husband fatherless of two as pretty children as ever came from woman’s womb.
Upon the Ascension Day aforesaid, after the time of divine service, the women of the town being gathered together about their promised business, some of them came to Mistress Vincent and according to promise desired her company. Who having a mind as then more settled on bloody purposes than country occasions, feigned an excuse of ill at ease and not half well, desired pardon of them, and offering her maid in her behalf, who being a good, apt, and willing servant was accepted of, and so the townswomen, misdoubting no such hard accident as after happened, proceeded in their aforesaid defences. The gentlewoman’s husband being also from home, in whose absence, by the fury and assistance of the Devil, she enacted this woeful accident in form and manner following.
This Mistress Vincent, now deserving no name of gentlewoman, being in her own house fast locked up only with her two small children, the one of the age of five years, the other hardly two years old, unhappily brought to that age to be made away by their own mother, who by nature should have cherished them with her own body, as the pelican that pecks her own breast to feed her young ones with her blood. But she, more cruel than the viper, the envenomed serpent, the snake, or any beast whatsoever, against all kind, takes away those lives to whom she first gave life.
Being alone (as I said before) assisted by the Devil, she took the youngest of the two, having a countenance so sweet that might have begged mercy at a tyrant’s hand, but she regarding neither the pretty smiles it made nor the dadling before the mother’s face, nor anything it could do, but like a fierce and bloody Medea she took it violently by the throat, and with a garter taken from her leg, making thereof a noose and putting the same about her child’s sweet neck, she in a wrathful manner drew the same so close together that in a moment she parted the soul and body. Without any terror of conscience she laid the lifeless infant, still remaining warm, upon her bed and with a relentless countenance looking thereon, thinking thereby she had done a deed of immortality. Oh, blinded ignorance! Oh, inhumane devotion! Purposing by this to merit Heaven, she hath deserved (without true repentance) the reward of damnation.
This creature not deserving mother’s name, as I said before, not yet glutted nor sufficed with these few drops of innocent blood, nay, her own dear blood bred in her own body, cherished in her own womb with much dearness full forty weeks. Not satisfied, I say, with this one murder but she would headlong run unto a second and to heap more vengeance upon her head. She came unto the elder child of that small age that it could hardly discern a mother’s cruelty nor understand the fatal destiny fallen upon the other before, which as it were seemed to smile upon her as though it begged for pity, but all in vain, for so tyrannous was her heart that without all motherly pity she made it drink of the same bitter cup as she had done the other. For with her garter she likewise pressed out the sweet air of life and laid it by the other upon the bed sleeping in death together, a sight that might have burst an iron heart asunder and made the very tiger to relent.
These two pretty children being thus murdered, without all hope of recovery, she began to grow desperate and still to desire more and more blood, which had been a third murder of her own babes, had it not been abroad at nurse and by that means could not be accomplished. Whereupon she fell into a violent rage, purposing as then to shew the like mischief upon herself, being of this strange opinion that she herself by that deed had made saints of her two children in Heaven. So taking the same garter that was the instrument of their deaths and putting the noose thereof about her own neck, she strove therewith to have strangled herself. But nature being weak and flesh frail, she was not able to do it. Whereupon in a more violent fury (still animated foreward by instigation of the Devil) she ran into the yard purposing there in a pond to have drowned herself, having not one good motion of salvation left within her.
But here, good reader, mark what a happy prevention chanced to preserve her in hope of repentance, which at that time stayed her from that desperate attempt. The maid, by great fortune, at the very instant of this deed of desperation returned from the field or common where she had left most of the neighbours. And coming in at the backside, perceiving her mistress by her ghastly countenance that all was not well and that some hard chance had happened her or hers, demanded how the children did.
“Oh Nan,” quoth she, “never, oh never, shalt thou see thy Tom more,” and withal gave the maid a box upon the ear. At which she laid hold upon her mistress, calling out for help into the town. whereat diverse came running in and after them her husband, within a while after, who finding what had happened were all so amazed together that they knew not what to do. some wrung their hands, some wept, some called out for neighbours; so general a fear was struck amongst them all that they knew not whether to go nor run.
Especially the good gentleman her husband, that seeing his own children slain, murdered by his wife and their own mother, a deed beyond nature and humanity, in which ecstasy of grief at last he broke out in these speeches: “Oh Margaret, Margaret, how often have I persuaded thee from this damned opinion, this damned opinion that hath undone us all.”
Whereupon with a ghastly look and fearful eye she replied thus, “Oh Jarvis, this had never been done if thou hadst been ruled and by me converted. But what is done is past, for they are saints in Heaven, and I nothing at all repent it.”
These and such like words passed betwixt them till such time as the constable and others of the townsmen came in and according to law carried her before a justice of the peace, which is a gentleman named Master Roberts of Willesden, who, understanding these heinous offences, rightly according to law and course of justice made a mittimus for her conveyance to Newgate in London, there to remain till the Sessions of her trial. Yet this is to be remembered that by examination she voluntarily confessed the fact how she murdered them to save their souls and to make them saints in Heaven, that they might not be brought up in blindness to their own damnation. Oh, wilful heresy, that ever Christian should in conscience be thus miscarried. But to be short, she proved herself to be an obstinate papist, for there was found about her neck a crucifix with other relics which she then wore about her, that by the justice was commanded to be taken away and an English Bible to be delivered her to read, the which she with great stubbornness threw from her, not willing as once to look thereupon, nor to hear any divine comforts delivered thereout for the succour of her soul.
But now again to her conveyance towards prison. It being Ascension Day and near the closing of the evening, too late as then to be sent to London she was by commandment put to the constable’s keeping for that night, who with a strong watch lodged her in his own house till morning, which was at the Bell in Acton where he dwelled. Shewing the part and duty of a good Christian, with diverse other of his neighbours, all that same night they plied her with good admonitions, tending to repentance, and seeking with great pains to convert her from those erroneous opinions which she so stubbornly stood in. But it little availed, for she seemed in outward shew so obstinate in arguments that she made small reckoning of repentance, nor was a whit sorrowful for the murder committed upon her children but maintained the deed to be meritorious and of high desert.
Oh, that the blood of her own body should have no more power to pierce remorse into her iron natured heart, when pagan women that know not God nor have any feeling of his deity will shun to commit bloodshed, much more of their own seed. The cannibals that eat one another will spare the fruits of their own bodies; the savages will do the like; yea, every beast and fowl hath a feeling of nature, and according to kind will cherish their young ones. And shall woman, nay, a Christian woman, God’s own image, be more unnatural than pagan, cannibal, savage, beast, or fowl? It even now makes a trembling fear to best me to think what an error this unhappy gentlewoman was bewitched with, a witchcraft begot by Hell and nursed by the Romish sect, from which enchantment God of Heaven defend us.
But now again to our purpose. The next day being Friday and the tenth of May, by the Constable Master Dighton of the Bell in Acton, with other of his neighbours, she was conveyed to Newgate in London. Where lodging, in the master’s side, many people resorted to her, as well of her acquaintance as others and as before, with sweet and comfortable persuasions practised to beget repentance and to be sorry for that which she had committed. But blindness so prevailed that she continued still in her former stubbornness, affirming (contrary to all persuasive reasons) that she had done a deed of charity in making them saints in Heaven that otherwise might have lived to destruction in Hell, and likewise refused to look upon any Protestant book as Bible, meditation, prayer book, and such like, affirming them to be erroneous and dangerous for any Romish Catholic to look in. Such were the violent opinions she had been instructed in, and with such fervencies therein she continued that no dissuasions could withdraw her from them, no, not death itself, being here possessed with such bewitching wilfulness.
In this danger of mind continued she all Friday, Saturday, and Sunday. The Sessions drawing near, there came certain godly preachers unto her, who prevailed with her by celestial consolations, that her heart by degrees became a little mollified and in nature somewhat repentant for these her most heinous offences. Her soul, a little leaning to salvation, encouraged these good men to persevere and go forward in so godly a labour, who at last brought her to this opinion, as it was justified by one that came from her in Newgate upon the Monday before the Sessions: that she earnestly believed she had eternally deserved hellfire for the murder of her children, and that she so earnestly repented the deed, saying that if they were alive again not all the world should procure her to do it. Thus was she truly repentant, to which (no doubt) but by the good means of these preachers she was wrought unto.
And now to come to a conclusion, as well of the discourse as of her life, she deserved death, and both law and justice hath awarded her the same. For her examination and free confession needed no jury: her own tongue proved a sufficient evidence, and her conscience a witness that condemned her. Her judgment and execution she received with a patient mind, her soul no doubt hath got a true penitent desire to be in Heaven, and the blood of her two innocent children so wilfully shed (according to all charitable judgements) is washed away by the mercies of God. Forgive and forget her, good gentlewomen. She is not the first that hath been blemished with blood nor the last that will make a husband wifeless. Her offence was begot by a strange occasion but buried, I hope, with true repentance.
Thus, countrymen of England, have you heard the ruin of a gentlewoman who, if Popish persuasions had not been, the world could not have spotted her with the smallest mark of infamy but had carried the name of virtue even unto her grave. And for a warning unto you all, by her example, take heed how you put confidence unto that dangerous sect, for they surely will deceive you.
Beware, trust not in the vanity of the world, and especially in the flattering of the court … if I had followed God’s word in deed as I did read it and set it forth to my power, I had not come to this.
This was the execution date in 1536 of Anne Boleyn‘s co-accused, the undercard to the deposed queen’s beheading.
It was the accusation of adultery that furnished Anne’s downfall; some adulterers were perforce required. These were William Brereton, Henry Norris, Sir Francis Weston, Mark Smeaton … and the ex-queen’s own brother, George Boleyn.
They had just days prior been subjected to a trial whose outcome was a foregone conclusion. All pleaded their innocence save Smeaton, a commoner court musician who could not withstand torture and “admitted” fooling around with Queen Anne.*
Along with Smeaton, three gentlemen-doomed plucked from the Tudor court’s shadowy recesses — joined to the legendary queen at the chopping-block, if not very probably in her bed.
Norris, the Groom of the Stool
Weston, a Gentleman of the Privy Chamber
Brereton, a Groom of the Privy Chamber
“Everyone was moved at their misfortune, especially at the case of Weston, who was young and of old lineage and high accomplishments,” one contemporary recorded of the fearful pall cast upon King Henry’s court by the purge. “But no one dared plead for him, except his mother, who, oppressed with grief, petitioned the King, and his wife, who offered rents and goods for his deliverance.”
The most egregious charge, naturally, did not concern these men. To put the fallen queen beyond the reach of sympathy it was alleged that she
following daily her frail and carnal lust … procured and incited her own natural brother, Geo. Boleyn, lord Rocheford, gentleman of the privy chamber, to violate her, alluring him with her tongue in the said George’s mouth, and the said George’s tongue in hers, and also with kisses, presents, and jewels; whereby he, despising the commands of God, and all human laws, violated and carnally knew the said Queen, his own sister, at Westminster; which he also did on divers other days before and after at the same place, sometimes by his own procurement and sometimes by the Queen’s.
This outrageous smear on the extremely specious grounds that big brother “had been once found a long time with her, and with certain other little follies,” invited as much skepticism among the Boleyns’ contemporaries as it does for posterity. Even after Anne had been condemned for adultery and incest in her stage-managed trial, George — the last of the bunch to face the tribunal — fought his corner so vigorously “that several of those present wagered 10 to 1 that he would be acquitted, especially as no witnesses were produced against either him or her, as it is usual to do, particularly when the accused denies the charge.”
A foolish bet, but perhaps one placed from a position of willful hope. If a peer of the realm could be condemned a traitor for hanging out with his sister, then no Henrician nobleman could hope to sleep securely.
Little could their dread fathom the bloody years to come. Many who saw the Boleyns’ heads drop would in time have cause to make of their gambling winnings a purse to tip their own executioners.
Thomas Cromwell, who engineered the Boleyn faction’s fall, outlived it by barely four years. The Earl of Surrey, who sat in judgment on this occasion, lost his head in 1547; his father the Duke of Norfolk,** who was the presiding judge, only avoided execution because Henry VIII died hours before Norfolk was to go to the block. George Boleyn’s wife, Lady Rochford, is supposed to have provided evidence against him; she was later swept up in the fall of Catherine Howard and beheaded for her trouble on that occasion.
But those were tragedies for later days.
In the spring of 1536, from his window in the Tower, the poet Thomas Wyatt witnessed this date’s executions: the young Anne’s last lover before the king descended on her, Wyatt too had been initially implicated in debauching the queen and he was fortunate not to be among their number. (Wyatt’s son would not be as lucky.) The shaken Wyatt wrote his fellow courtiers’ heartbreaking eulogy, and perhaps that of his era too, in his verse reflection on that terrible fall from fortune. (Via)
Veritas Viat Fides
me inimici mei
by Sir Thomas Wyatt, the Elder
Who list his wealth and ease retain,
Himself let him unknown contain.
Press not too fast in at that gate
Where the return stands by disdain,
For sure, circa Regna tonat.†
The high mountains are blasted oft
When the low valley is mild and soft.
Fortune with Health stands at debate.
The fall is grievous from aloft.
And sure, circa Regna tonat.
These bloody days have broken my heart.
My lust, my youth did them depart,
And blind desire of estate.
Who hastes to climb seeks to revert.
Of truth, circa Regna tonat.
The bell tower showed me such sight
That in my head sticks day and night.
There did I learn out of a grate,
For all favour, glory, or might,
That yet circa Regna tonat.
By proof, I say, there did I learn:
Wit helpeth not defence too yerne,
Of innocency to plead or prate.
Bear low, therefore, give God the stern,
For sure, circa Regna tonat.
* In the Tower awaiting execution, Anne would voice worry for Smeaton’s soul when she learned that he had failed to retract this confession at the block. But Smeaton and all the men were beheaded in preference to a sentence of drawing and quartering, and had reason to be cautious about their comportment on the scaffold lest crueler torments be reinstated for them.
** Norfolk was Anne Boleyn’s uncle.
† Circa Regna tonat: “Around the throne it thunders”, from Seneca’s Phaedra.