Posts filed under 'Hanged'

1902: A day in the death penalty around the Pacific Northwest

Add comment January 31st, 2014 Headsman

The U.S. states of Washington and Oregon both hanged murderers on this date in 1902.

Oregon

The death knell for local public(ish) hangings in Oregon took place this morning in the courthouse of Portland’s courthouse under the eyes of 400 invited witnesses and numerous additional gawkers who scaled telegraph poles or stationed themselves on nearby rooftops.

Jack Wade and William Dalton hanged together for murdering one James Morrow just three months for two bits. It was an uncomplicated crime: the villains stuck Morrow up as the latter returned one night from paying court to a young lady, then shot him when Morrow made a sudden move.

On hanging day, the pair addressed an ample breakfast of ham, chicken and eggs, knocked out some hymns and an impromptu rendition of “Where Is My Wandering Boy Tonight?”

… and then took a cavalier stroll to the gallows where Wade displeased right-thinking folk with his devil-may-care attitude towards his own execution. He tossed a cigar to the crowd, and played his fingers over the hemp as the rope was fastened, remarking with a wink, “it is tough.”

While the hanging itself went off without a hitch, the curious onlookers pushed through the rail meant to restrain them once the bodies were cut down and began scrabbling for bits of hemp. The sheriff finally had to clear the courtyard.

Even worse, “ten or 12 women witnessed the execution” from atop a building at Fifth and Main street, according to the Oregonian‘s report the next day. “It is doubtful if such a thing ever occurred before at a legal hanging in this country.”

The legislature some years previous had tried to get a handle on execution decorum by moving hangings off public squares and into jails, so this public(ish) execution wasn’t technically public at all. But as seen, these facilities with their barrier-toppling invited mobs and conspicuously feminized illicit peepers surrounding still affronted the alleged solemnity of the moment and led the legislature at its next sitting in 1903 to enact a statute requiring that “all executions should take place within the walls of the [state] penitentiary, out of the hearing and out of sight of all except officials.”

Wade and Dalton weren’t actually the last to hang publicly(ish) in Oregon, however. Since the law wasn’t retroactive, several additional executions occurred after the penitentiary-hanging law was enacted — the last as late as 1905. (See Necktie Parties: A History of Legal Executions in Oregon, 1851-1905).

Washington

Chinese immigrant Lum You was hanged at South Bend, Washington on January 31, 1902. He shot a man named Oscar Bloom during a drinking bout that turned into a drunken bout.

Lum You actually escaped his condemned cell on January 14 when his dinner was being fetched by the jailer and on the loose for a couple of days, but was recaptured on January 17 by a posse. He allegedly begged them to shoot him dead right there, then changed his mind when some business-minded character actually produced a weapon. (Credit to the great Northwest for its highly accommodating vigilantes.)

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1820: Not Stephen Boorn, saved by newsprint

1 comment January 28th, 2014 Headsman

January 28, 1820 was the scheduled hanging-date for Stephen Boorn in Vermont, who was spared by the stroke of luck in one of the Republic’s seminal wrongful conviction cases. For all its vintage, it has a disturbingly current feel.

Stephen Boorn and his brother Jesse were farmers in Manchester living with their possibly feebleminded brother-in-law Russell Colvin when Colvin suddenly vanished in May 1812. Vanishing unexplained for weeks on end was actually an established behavior for this peculiar gentleman, so it was only gradually that suspicion of foul play accumulated. There was some bad blood known to exist between Colvin and his brothers-in-law; they had even been seen in a violent quarrel just before Russell Colvin disappeared (pdf). There were whispers, but never any real evidence.

And so weeks stretched into months, and then to years. Many years. Was it possible two neighbors of the good people of Manchester, Vt., had gotten away with murder plain as day and gone about bringing in their crops just like nothing happened?

The break arrived in 1819 courtesy of the brothers’ aged uncle Amos Boorn. Amos reported that Russell Colvin had appeared to him in a dream and accused his former in-laws of murder. Now a dream couldn’t be read in evidence, but it proved sufficient to re-open a cold case and endow the investigation with official “tunnel vision” so familiar to the staging of a wrongful conviction.

The other classic trappings of that scene followed anon: shoddy evidence, a jailhouse snitch, and even a false confession.

Once under the pall of suspicion, random events around the Boorns began to seem sinister. The dream-Russell’s accusation led to a cellar-hole being excavated, which turned up some random junk (a penknife, a button); was it Colvin’s random junk? A barn on the Boorn farm burned down; had it been torched to conceal evidence? A boy found bones at a stump on the property; were they human remains? (They turned out to be animal remains.)

Stephen Boorn had moved to Denmark, New York, but Jesse Boorn was taken into custody for interrogation. There he was parked in a jail cell with a forger named Silas Merrill.

Lo and behold, Jesse Boorn immediately spewed to his bunkmate the awful secret of the murder. Yup, after keeping it quiet for seven years he detailed it all to Silas Merrill one “night, when he and Jesse had waked from their sleep, and without any previous persuasion or advice on the subject” and also just happened to tie in all that random sinister stuff from the investigation like the barn and the bonestump. Naturally, Merrill was released for relaying to his jailers this valuable and in no way impeachable information.

Now cornered, Jesse confessed to the murder. The causes of false confessions are complex, but the advent of DNA exonerations has underscored the alarming frequency of this phenomenon. A strictly rationalist explanation might postulate that Jesse thought he could avoid hanging by taking responsibility for a crime he was now certain to be convicted of, and framing it in the least culpable possible light; the murkier fathoms of human psychology might suggest a desire to please his captors or a conscience conforming itself to the conviction of his neighbors. Whatever the case, the confession got Stephen extradited from New York, and under interrogation Stephen too confessed. Stop confessing to things, people! (In fact, best say nothing at all.)

Despite retracting the confession, the brothers were convicted with ease in a trial held at the town’s church, the better to accommodate huge crowds that would have overflowed the courtroom. They were both slated to hang on January 28.*

While Jesse Boorn won a commutation his brother appeared doomed.

As an almost literal last gasp, Stephen took out newspaper advertisements searching for Russell Colvin. And they worked. At least, this is the version of the story as it is commonly recounted, dating I believe to this 1932 volume on wrongful convictions. The primary sources referenced there actually appear to me to indicate that the Boorn-saver, a New Jersey gentleman named Taber Chadwick, responded with a letter to the editor to a simple news report of the case, which report naively credited the dream-driven conviction as “divine providence”.


From the New York Evening Post, Nov. 26, 1819.

Luckily, Mr. Chadwick realized that he knew a Russell Colvin from Manchester whose mental state was thoroughly addled.


New York Evening Post, Dec. 10, 1819.

A fortnight after this letter hit the press, Colvin was back in Manchester … and this time, it was not in a dream.

Colvin confirmed that his brothers-in-law hadn’t hurt him at all and both Boorns — who, we remind you, had each previously confessed to killing a man who was now here in the flesh and blood to exonerate them — both these Boorns walked free.

Update: Embarrassingly not noticed by my own self in researching this post, a comment from the outstanding 19th century crime blog Murder By Gaslight flags the hypothesis that the entire exoneration was staged using an imposter to weasel the Boorns out of prison.

* According to this biography of the African-American divine Thomas Lemuel Haynes, Haynes was the Boorns’ confessor while they awaited execution, and one of the only people to believe the brothers’ protestations of innocence. Haynes was eventually moved to spend his own money on the famous advertisement hoping that “any person who can give information of the said Colvin may save the life of an innocent man.” If there’s one Vermonter who comes out of this astonishing story smelling like a rose, it’s Reverend Haynes.

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1681: Isabel Alison and Marian Harvey, Covenanters

Add comment January 26th, 2014 Headsman

We turn today to William Crookshank’s (certainly partisan) narrative of the hanging of two Scottish Covenanters on this date in Edinburgh, as told in his The history of the state and sufferings of the Church of Scotland.


On the 25th of December some of the students in the College of Edinburgh brought to the head of the Cowgate the effigy of the pope in his robes, with his keys, mitre, and triple crown; and, when they had excommunicated him, they carried him about in a chair, like that wherein he is elected at Rome, to the foot of the Blackfriars’ Wynd. The students, knowing the thing had taken air, gave out that they were to carry his holiness in procession to the Grassmarket, the place of the execution of criminals; whereupon the guards marched thither. Meanwhile the boys marched in procession by the Black-friars’ Wynd to the High-street, three of them going before with lighted torches. Being come thither they condemned his holiness to be burnt: accordingly the torchmen blew up the effigy with gun-powder, notwithstanding their being attacked by some soldiers commanded by Linlithgow and his son; whom they warned to beware whom he struck, since he had relations among them.

The Duke of York’s [the future James II -ed.] being now in Scotland sharpened the edge of the persecution; so that no less than twenty were executed in the course of this year 1681.

The sufferers had, it is true, declared against the king’s authority, for which many of them were hanged, and otherwise persecuted by their enemies, and’censured by their friends. They branded them as madmen, enemies to government and civil society; but it is very plain that they never opposed government or monarchy as such, but only wicked, perjured, and persecuting governors. These they did oppose, and that for the very same reasons that brought about the Revolution and the protestant succession.

I cannot express this better than in the words of the author of the Memoirs of the Church of Scotland, when speaking of the Torwood excommunication. Says he,

I desire the impartial reader to compare it with the memorials above-mentioned, [to wit, the memorial to the Prince of Orange from the people of Great Britain, to invite him to come to their assistance] and see if it be posible for any British protestant, who owns the justice of the Revolution, to reflect upon the zeal of these people, without blushing for himself and the whole nation, that they did not see and abhor the tyranny of those reigns sooner; then they had joined with those people instead of censuring their zeal; the Revolution had then been brought about without sovereign help at all; the Prince of Orange had then been called over, as peaceably as King George, to take possession of the crown; and the blood of near 20,000 people, who were one way or other murdered and destroyed by that now abdicated race of tyrants, had been saved. What a shame is it, says he, to us, and how much to the honour of these persecuted people, that they could thus see the treachery and tyranny of those reigns, when we saw it not; or rather, that they had so much honesty of principle, and obeyed so strictly the dictates of conscience, as to bear their testimony early, nobly, and gloriously to the truth of God and the rights of their country, both civil and religious; while we all, though seeing the same things, yet betrayed the cause of liberty and religion, by a sinful silence and a dreadful cowardice.

But suppose, through the treatment, the unacountable treatment they met with, they had gone a little beyond due bounds, and though sometimes their expressions were not so well chosen, can that either condemn the principles of religion and liberty upon which they acted; nay, or their actual disowning those tyrants, who, for nothing but the matters of their God and Saviour, had declared them outlaws, rebels and traitors? Besides, the blood of many was shed, against whom they could prove nothing, but what they extorted from them by their ensnaring questions. Nay, even some of the weaker sex were hanged or drowned on this score. But I shall relate the matters of fact as they happened in the order of time.

It was a dreadful affront to the Duke of York to find his holiness treated in such a manner, on that grand festival the 25th of December; and therefore the sycophant managers must not overlook such an indignity.

Accordingly, on the 4th of January, the masters of the college declared their abhorrence of what their scholars had done; and on the 6th, the council commanded the magistrates to order the college gates to be shut, and the classes to be dissolved. About this time several of the students were imprisoned, besides Mr Ridpath, which so exasperated the rest, that it is said, they threatened to burn the provost’s house at Priestfield, because the magistrates, who were patrons of the college, instead of protecting them, had acted violently against them; and in a few days the house of Priestfield was burnt.

Whereupon the council, on the 17th, issued a proclamation, offering 2000 merks and a remission, to any who should discover the actors: but it does not appear that any discovery was made …

The order of time leads me to the case of Isobel Alison and Marion Harvey, two young women, who were executed this month, to the perpetual disgrace of the bloody managers, who could have no acts of what they called rebellion, in the least, to lay to their charge.

When they were taken, I know not. Isobel Alison was apprehended at Perth, where she lived, only for speaking against the severity used to sundry good people there; for they could accuse her of nothing else. Marion Harvey was seized while going one day from Edinburgh to hear sermon in the fields, and was last year before the council. But though they had nothing against these two young women, they were resolved to shed their blood: and therefore upon what they owned at their examination they founded their indictment, and took away their lives. That the reader may have a specimen of the injustice of this period, that afterwards became common, I shall here insert the substance of their examination first before the council, and next before the lords of justiciary.

When Isobel Alison was before the council, she was interrogated as follows:

Q. Can you read the Bible?

A. Yes.

Q. Do you know the duty we owe to the civil magistrate?

A. When the magistrate carrieth the sword for God, according to what the scripture calls for, we owe him all due reverence; but when they overturn the work of God, and set themselves in opposition to him, it is the duty of his servants to execute his laws and ordinances on them.

Q. Do you own the Sanquhar declaration? [a speech disavowing Presbyterian allegiance to the government]

A. I do own it.

Marion Harvey’s examination before the council was upon the same points with that of her fellow-sufferer … Only, among other tilings, they said, Will you cast away yourself so? To which shy replied, I love my life as well as any of you, but would not redeem it upon sinful terms. They said, the rock, the cod and bobbins, were as fit for her to meddle with as those things. They offered her the assistance of ministers, but she would have none of their pro. vidiug

On the 17th of January they were brought before the Lords of Justiciary; for it was the constant practice at this time, the one day to bring such as fell into their hands before the council, and there by ensnaring questions, to bring them into a confession of such things as they accounted treason, and next day to prosecute them before the criminal court. These two women were accused for hearing at field-conventicles, harbouring Messrs Cargill, Cameron, &c. owning the Rutherglen and Sanquhar declarations, &c.

When Isobel Alison was before them, she was examined as follows:

Q. Do you abide by what you said the last day?

A. I am not to deny any thing of it. She owned she had converged with David Hackstoun, and disowned their authority.

Q. Do you disown us and the king’s authority in us?

A. I disown you all because you carry the sword against God, and not for him, and have, these nineteen or twenty years, made it your work to dethrone him, by swearing, year after year, against him and his work, and assuming that power to a human creature which is due to him alone, and have rent the members from their Head, Christ.

… Then they said, Your blood be on your own head, we shall be free of it. She answered, So said Pilate, but it is a question if it was so; and ye have nothing to say against me, but for owning of Christ’s truths and his persecuted members. They made no reply, but desired her to subscribe what she had owned, and, upon her refusing, did it for her.

Marion Harvey, before the justiciary, owned the Sanquhar declaration, &c. and then protested that they had nothing to say against her as to matter of fact; but only that she owned Christ and his truth, his persecuted gospel and members; of which she said, Ye have hanged some, others you have beheaded and quartered quick. To this they said nothing; but called those who were to sit on the jury, who appeared with reluctance. One of them said, He did not desire to be engaged in this matter; but he was obliged: then he desired that the confessions of the two prisoners might be read, because he knew not what they had to say against them. When he was ordered to hold up his hand and swear, he fell a-trembling. The jury being fixed, the confessions were read, and the advocate in a speech, aggravated every particular, in order to prove them guilty of treason. Some of the jury urged that there was no fact proved against them. The advocate said, But treason is fact; and taking himself again, he said, It is true, it is only treason in their judgment, but go on according to our law; and if you will not do it, I will proceed. The jury brought them in guilty on their own confession; however, the passing of the sentence was deferred till the 21st, when they were both condemned to be hanged at the Grassmarket on the 26th.

Meanwhile, on the 20th, the council enlarged the powers of the laird of Meldrum for apprehending those who were in the rebellion. The many searches which were made in consequence of this were most oppresive. The same day the magistrates of Edinburgh were ordered to call all the masters of coffee-houses before them, and obliged them to come under a bond of 5000 merks, to suffer no news-paper to be read in their houses, but such as are approved of by the officers of state.

Next day all the students in the college of Edinburgh were ordered to retire fifteen miles from that place, within twenty four hours, and not to come within these bounds without leave from the council, under the pain of being treated as seditious persons. A fine protestant government, to make such a splutter about burning the pope! But it was decent to compliment his Royal Highness the Duke!

On the 26th, Isobel Alison and Marion Harvey were executed according to their sentence. The reader will find what passed between them and Mr Riddel in the Cloud of Witnesses, together with their respective testimonies. When they were brought from the prison to the council-house, in order to be carried from thence to the place of execution, Marion Harvey said, with a surprising chearfulness and heavenenly transport, Behold, I hear my Moved saying unto me, Arise, my love, my fair one, and come away. When in the council-house, Paterson bishop of Edinburgh (such was the spirit of the man!) said, Marion, you said you never would hear a curate, now you shall be forced to hear one; and immediately ordered one of his suffragans, whom he had prepared for the purpose, to pray. When he began, she said to her fellow-prisoner, Come, Isobel, let us sing the 23d Psalm; which they did, and thereby drowned the curate’s voice, and confounded their persecutors.

Their behaviour on the scaffold is not to be omitted. Isobel having sung the lxxxiv Psalm, and read Mark xvi, cried over the scaffold, and said, Rejoice in the Lord ye righteous; and again, I say, rejoice. She was not suffered to pray till she came to the foot of the ladder. As she went up, she cried out, ‘O be zealous, sirs, be zealous, be zealous! O love the Lord, all ye his servants! O love him; for in his favour is life!’ And added, ‘O ye his enemies, what will ye do? Whither will ye fly in that day? for now there is a dreadful day coming on all the enemies of Jesus Christ. Come out from among them, all ye that are the Lord’s people.’ Then she concluded, ‘Farewell all created comforts; farewell sweet Bible in which I delighted most, and which has been sweet to me since I came to prison; farewell Christian acquaintances. Now into thy hands I commit my spirit, Father, Son, and Holy Ghost.’ Then the executioner threw her over.

Marion Harvey likewise sung Psal. lxxxiv. and having read Mal. iii, she said, ‘I am come here to-day for avowing Christ to be Head of his church and King in Zion. O seek him, sirs, seek him and ye shall find him: I sought him and I found him; I held him, and would not let him go.’ Then she rehearsed briefly the heads of her written testimony. Going up the ladder she said, 0 my fair one, my lovely one, come away. And, sitting down on the ladder, she said, ‘I am not come here for murder; for they have no matter of fact to charge me with ; but only by judgment. I am about twenty years of age: at fourteen or fifteen I was a hearer of the curates and indulged; and while I was a hearer of these I was a blasphemer and Sabbath-breaker, and a chapter of the Bible was a burden to me; but since I heard this persecuted gospel, I durst not blaspheme nor break the Sabbath, and the Bible became my delight.’ Upon this the commanding officer called to the executioner to throw her over, which he did accordingly.

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1855: Emmanuel Barthelemy, duelist

1 comment January 22nd, 2014 Headsman

The winner of England’s last fatal duel was hanged at Newgate on this date in 1855 … but not for the duel.

Both participants in that duel, Emmanuel Bart(h)elemy and Frederic Cournet, were French emigres* who had commanded Parisian barricades during the 1848 revolution.

On its surface the duel was one of those trivial affairs of honor: Barthelemy heard that Cournet (otherwise unknown to him) had repeated some defamatory rumors about Barthelemy already abroad in France, and challenged Cournet on that basis; Cournet at first dissociated himself from any such smears, but upon better consideration thought he considered Barthelemy’s notice a little on the ultimatum side and took exception to that.

The consequent set-to was delayed some time by negotiations over every element of its ceremony. When at last it was arranged, it unfolded thus:**

it should commence with pistols, the combatants, being 40 paces apart, advancing 10 paces before firing if they chose, and having two shots each, miss-fires not counting; that the choice of position, the choice of pistols, and the signal for firing should be determined by tossing up; that if the pistols proved ineffectual swords should be resorted to to terminate the affair.

Cournet won the toss and got to choose his position and take the first shot. Barthelemy had to stand stock-still as Cournet

advanced his 10 paces and fired, but though on 14 similar occasions he had never failed to hit his opponent this time he missed. Barthelemy then told him that he had his life in his hands, but would surrender his right to fire if Cournet would agree to terminate the duel with swords. [Barthelemy had wanted swords to be the dueling weapon in the first place -ed.] Cournet declined to do so, saying that he would stand his adversary’s fire and take his second shot. Barthelemy then levelled his pistol, but … it snapped. He put a fresh cap on and it snapped a second time,† and it was then agreed that he should use Cournet’s pistol, which was loaded and handed to him. Before discharging it, however, he again offered ineffectually to terminate the contest with swords. He then fired, and with fatal precision.

Barthelemy himself and all four of the seconds involved (both Barthelemy’s and Cournet’s) were arraigned in this case, but the jury returned only a manslaughter verdict. Barthelemy served a few months; he would have to exercise fatal precision once again to find a different route to the scaffold.

In his non-duelling life, Barthelemy was a mechanical engineer, and it was in this capacity that a soda-water manufacturer named George Moore employed him to repair his machinery at 73 Warren Street, just off Fitzroy Square.

Late the night of Friday, December 8, Barthelemy showed up with a veiled woman at the place and asked for Moore. Minutes later, the servant-girl saw all three emerge struggling violently together from their private meeting. As she raced to the door to scream for help she saw the Frenchman raise a pistol and fire …

“Murder!”

Her screams started attracting the neighbors as Barthelemy burst past her, but an iron gate in front of the house obstructed him. Before more people could assemble he fled back into the house and locked it shut behind him.

Moore’s neighbor, a former East India Company man named Charles Collard, thought quickly to his own grief. Collard raced around the back side of the house where a garden opened onto another street, and arrived just in time to catch Barthelemy vaulting over the garden wall. Collard pounced on him, and in the ensuing melee Barthelemy shot him, too.

This was all too late for Barthelemy, for the delay had brought an onrushing of neighbors and passersby who quickly subdued the gunman. Somehow — nobody quite knew how — his companion was nowhere to be found. She had vanished from the house leaving only her veil, and as she had surely not escaped by the front gate it was thought that she must have found some way to slip out the back casually amid the commotion and made a nonchalant escape. She was never seen again.

Moore was found quite dead in his home: he’d been shot through the head, and the marks on his body indicated that the fatal wound had been preceded by some whacks with a cane. Collard lingered on many hours in agony — long enough for his captured murderer to be brought before him and Collard to deliver a signed j’accuse identifying Barthelemy as the villain.

Barthelemy must have had a way with jurors because even in convicting him for murder on this occasion, the panel still recommended mercy. There seems to have been some thought that the mysterious dispute in the house might have been a spontaneous affair qualifying as manslaughter, while the murder of Collard might have passed (since Collard grabbed Barthelemy) as self-defense. The crown unsurprisingly did not share this exceptionally generous view of a man who had already been in the dock for homicide in the past and declined to extend mercy.

Barthelemy disdained the religious entreaties of his captors, scandalizing the right-thinking with bon mots like “it is no use to pray to God, as God will not break the rope.” Indeed, He did not.

* It was perhaps fitting that Frenchmen, a people with an abiding enthusiasm for the duel, who transacted this milestone encounter. En garde!

** Per the London Times of Oct. 28, 1852, summarizing evidence presented in court.

† Upon post-duel examination it emerged that Barthelemy’s pistol had failed to discharge because of a bit of linen rag stuck in the breach. This eyebrow-raising fact gave rise to the suspicion of foul play, though on whose part and to what end is less distinct. Both guys ended up with a shot at one another with the exact same pistol. Cournet just missed his.

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2013: Alireza Mafiha and Mohammad Ali Sorouri, viral video stars

Add comment January 20th, 2014 Headsman

A 37-second security camera clip of a Tehran being mugged by machete-wielding assailants went viral to great outrage in Iran in December 2012, and resulted in the very speedy execution on January 20, 2013, of the culprits.

Alireza Mafiha and Mohammad Ali Sorouri were publicly hanged at a still-dark 6:30 a.m. before a crowd of about 300 people for Moharebeh (waging war against God)

There’s a photo series of the execution here.

Two other accomplices (the video captures four assailants in all) received 10 years in prison and 74 lashes.

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1891: James Eubanks

Add comment January 19th, 2014 Meaghan

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

On this date in 1891, middle-aged widower James M. Eubanks was hanged in the yard of the county jail in San Jose, California. He’d killed his oldest daughter, Ada, thirteen months before.

Ada was fifteen years old at the time of her death, and worked as a waitress at a restaurant called Heath House in Los Gatos. Her relationship with her father was troubled and James was often abusive towards her. Once, the girl’s uncle had to intervene when he saw James chasing after Ada brandishing a stick.

James, a father of six, played the part of the beleaguered single parent with an out-of-control child: he said Ada was a habitual runaway, was “running around at night too much,” and that he he had “heard a great many reports that she was of loose character.”

There were hints of something more than typical inter-generational tension and teenage rebellion in the Eubanks family, however. Ada confided to a female relative that her father had committed “improper actions” that caused a great deal of trouble for her, and there were rumors that she had been pregnant by her own father.

Three days before Christmas in 1889, Ada was at work at Heath House and her father was loitering at the saloon next door.

He’d taken a position at the upstairs window, which afforded him a view of the Heath House kitchen, and was sullenly eyeballing his daughter.

Between nine and ten in the morning, James left his surveillance point carrying a double barreled shotgun. He came into the restaurant through the kitchen door and called for Ada.

When she came to the door, he took aim and fired, hitting her in the chest and killing her instantly. James then fired a shot at his own head, but missed.

He calmly walked back into the saloon, ordered a drink of whiskey, consumed it and went back upstairs. There he tried to cut his throat with a razor, but inflicted only a minor wound before the constable came and arrested him.

Admitting to the slaying, the “drunken, worthless wretch” said he’d been angry because Ada refused to turn over her earnings from her job.

At his trial, Eubanks’s lawyer presented a defense of diminished capacity: he admitted he’d fatally shot his daughter, but said that “from the long and excessive use of intoxicating liquors … he was, at the time of the homicide, and for a long time prior thereto, of a weak and enfeebled mind” and therefore incapable of forming the malice aforethought necessary for a first-degree murder conviction.

His attorney argued for a conviction of second-degree murder, or at least a recommendation of mercy.

The jury would have none of it, and James Eubanks didn’t seem to care. “I am a nuisance to the world,” he wrote in a memorandum confessing to the killing, “so I leave it in disgust.”

He found religion on death row, like so many others of his kind, and said he believed God had forgiven him and he would go to Heaven.

According to one newspaper report, the day before James was hanged, 2,000 men, women and children were permitted to traipse through the jailyard to have a look at the gallows. James Eubanks himself traversed it speedily; he died a speedy six minutes after the drop, having delivered himself of the trite last words, “I hope this will be a warning to others.”

Sheriff Giles E. McDougall‘s duty required him to preside over the hanging, and he was sickened by the experience. He lobbied for a change in California law — going so far as to write to every county sheriff in the state to solicit support — so that executions would fall within the confines of the state prison system and would no longer be the responsibility of individual counties. McDougall got his new law within a year.

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1730: Neither James Prouse nor James Mitchel, much to their surprise

Add comment January 14th, 2014 Benjamin Franklin

January 14, 1730, was the date appointed for the public hanging in Philadelphia of James Prouse and James Mitchel for burglary.

Prouse, for his part, admitted the crime but insisted that James Mitchel had nothing to do with it — and Mitchel insisted the same. This ultimately generated considerable support for clemency which the authorities did not seem inclined to act upon.

Naturally the young newspaperman Benjamin Franklin — just turning 24 in January 1730 — was keen to publish this affecting story in his Philadelphia Gazette. Through the magic of public domain, he’s generously allowed us to republish his account from the January 20, 1730 Gazette as our guest post today.

Hyperlinks are, as one may surmise, Executed Today‘s own annotations.


We think our Readers will not be displeased to have the following remarkable Transaction related to them in this particular Manner.

Wednesday the 14th Instant, being the Day appointed for the Execution of James Prouse and James Mitchel for Burglary, suitable Preparations were accordingly made. The tender Youth of one of them (who was but about 19) and the supposed Innocence of the other as to the Fact for which they were condemned, had induced the Judges (upon the Application of some compassionate People) to recommend them to His Honour‘s known Clemency: But several Malefactors having been already pardoned, and every Body being sensible, that, considering the great Increase of Vagrants and idle Persons, by the late large Importation of such from several Parts of Europe, it was become necessary for the common Good to make some Examples, there was but little Reason to hope that either, and less that both of them might escape the Punishment justly due to Crimes of that enormous Nature. About 11 o’Clock the Bell began to Toll, and a numerous Croud of People was gathered near the Prison, to see these unhappy young Men brought forth to suffer. While their Irons were taken off, and their Arms were binding, Prouse cry’d immoderately; but Mitchel (who had himself all along behaved with unusual Fortitude) endeavoured in a friendly tender Manner to comfort him: Do not cry, Jemmy; (says he) In an Hour or two it will be over with us, and we shall both be easy. They were then placed in a Cart, together with a Coffin for each of them, and led thro’ the Town to the Place of Execution: Prouse appear’d extreamly dejected, but Mitchel seemed to support himself with a becoming manly Constancy: When they arriv’d at the fatal Tree, they were told that it was expected they should make some Confession of their Crimes, and say something by Way of Exhortation to the People. Prouse was at length with some Difficulty prevailed on to speak; he said, his Confession had been taken in Writing the Evening before; he acknowledged the Fact for which he was to die, but said, That Greyer who had sworn against him was the Person that persuaded him to it; and declared that he had never wronged any Man beside Mr. Sheed, and his Master. Mitchel being desired to speak, reply’d with a sober compos’d Countenance, What would you have me to say? I am innocent of the Fact. He was then told, that it did not appear well in him to persist in asserting his Innocence; that he had had a fair Trial, and was found guilty by twelve honest and good Men. He only answer’d, I am innocent; and it will appear so before God; and sat down. Then they were both bid to stand up, and the Ropes were order’d to be thrown over the Beam; when the Sheriff took a Paper out of his Pocket and began to read. The poor Wretches, whose Souls were at that Time fill’d with the immediate Terrors of approaching Death, having nothing else before their Eyes, and being without the least Apprehension or Hope of a Reprieve, took but little Notice of what was read; or it seems imagined it to be some previous Matter of Form, as a Warrant for their Execution or the like, ’till they heard the Words PITY and MERCY [And whereas the said James Prouse and James Mitchel have been recommended to me as proper Objects of Pity and Mercy.] Immediately Mitchel fell into the most violent Agony; and having only said, God bless the Governor, he swooned away in the Cart. Suitable Means were used to recover him; and when he came a little to himself, he added; I have been a great Sinner; I have been guilty of almost every Crime; Sabbath-breaking in particular, which led me into ill Company; but Theft I never was guilty of. God bless the Governor; and God Almighty’s Name be praised; and then swooned again. Prouse likewise seemed to be overwhelmed with Joy, but did not swoon. All the Way back to the Prison, Mitchel lean’d on his Coffin, being unable to support himself, and shed Tears in abundance. He who went out to die with a large Share of Resolution and Fortitude, returned in the most dispirited Manner imaginable; being utterly over-power’d by the Force of that sudden Turn of excessive Joy, for which he had been no Way prepared. The Concern that appeared in every Face while these Criminals were leading to Execution, and the Joy that diffused it self thro’ the whole Multitude, so visible in their Countenances upon the mention of a Reprieve, seems to be a pleasing Instance, and no small Argument of the general laudable Humanity even of our common People, who were unanimous in their loud Acclamations of God bless the Governor for his Mercy.

The following are Copies of the Papers delivered out by Prouse and Mitchel the Evening before, with little or no Alteration from their own Words.

I James Prouse was born in the Town of Brentford in Middlesex County in Old England, of honest Parents, who gave me but little Education. My Father was a Corporal in the late Lord Oxford’s Regiment of Horse, (then named the said Lord’s Blues) and I was for some Time in the Care of an Uncle who lived at Eling near Brentford aforesaid, and who would have given me good Learning; but I being young would not take his good Counsel, and in the 12th Year of my Age came into Philadelphia, where I was recommended to one of the best of Masters, who never let me want for any Thing: But I minding the evil Insinuations of wicked People, more than the good Dictates of my Master, and having not the Fear of God before my Eyes, am deservedly brought to this wretched and shameful End. I acknowledge I justly merit Death for the Fact which condemns me; but I never had the least Design or Thought of the like, until often press’d, and at length seduced to it by John Greyer, who was the only Person that ruined me. He often solicited me to be guilty of other Crimes of the like Nature, but I never was guilty of any such, neither with him or any one else; neither did I ever wrong any Man before, save my too indulgent Master; from whom I now and then pilfer’d a Yard or the like of Cloth, in order to make Money to spend with the said Greyer. As for James Mitchel who dies for the same Fact with me, as I hope to receive Mercy at the great Tribunal, he the said James Mitchel is intirely innocent, (*) and knew nothing of the Fact until apprehended and taken. I am about Nineteen Years of Age and die a Protestant.

JAMES PROUSE.

(*) N. B. He declared the same Thing at the Bar just before he received Sentence.

The Speech or Declaration of James Mitchel written with his own Hand.

I James Mitchel, was born, at Antrim in the Kingdom of Ireland, of good and honest Parents, and brought up with them until the Age of 13 Years, and had a suitable Education given me, such as being taught to read and write English, with some Latin; and might have been further instructed, but at my earnest Request was bound Apprentice to a Book-binder, and served 4 Years to that Trade; after which I left the Kingdom and went for England in order to be further improved in my Business; but there had the Misfortune to be press’d on board the Berwick Man of War, commanded by the Honorable George Gordon, and having been at several Parts abroad, returned to England in Octob. 1728. where I was by Sickness reduced to a very sad Condition, through which I came over to this Country a Servant; here I was it seems unfortunately led into bad Company, and one Evening by James Prouse was raised out of my Bed to go and drink with him and one Greyer, the which Greyer after parting gave to the said James Prouse Six-pence, which was all the Money I saw that Night and till next Morning, and then James Prouse took out of his Pocket a 15 Shilling Bill, and desired me to get it changed for him, in order to spend some of it; but coming unto Town I was apprehended for the robbing of Mr. George Sheed, and now am to die for the same. I die a Protestant.

JAMES MITCHEL.

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1869: William German, surprising Klan lynch victim

2 comments January 13th, 2014 Meaghan

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

On this date in 1869, a man named William German was lynched by the newly formed Ku Klux Klan.

German, a white man, had been hanged for killing a black man, Bill Cullum.

Yes, you read that right.

Bill Cullum was a former slave; William German, a former soldier in the Confederate Army. German was living on a farm he’d rented from a white plantation owner, Alvin Cullum, who had been Bill’s owner.

German was ordered to clear off the land so the ex-slave could live there instead. Furious, German put on KKK robes and, with another man, tracked down Bill Cullum and shot him several times. The dying man was able to crawl to a nearby house and name his attacker before he expired.

The local KKK chapter was outraged. William German had committed his act wearing their garb, but without their authorization and against their rules.

What happened next was recounted in the Memphis Daily Appeal (now called The Commercial Appeal):

The Union and American of Saturday says: “By a private letter from a trustworthy gentleman residing at Cookville in Putnam County, we give some further information in regard to the recent execution near Livingston, in Overton County, by a body of supposed Ku-Klux, of the young man Wm. German, an account of which we published Thursday morning. “He says that a few days before the execution, German shot and badly wounded, and supposed he had killed, a Negro man living in his neighborhood. The shooting took place in a public road, and the Negro managed to crawl to the house of his employer, where he told who had shot him. The Negro had the character of being a quiet, peaceable man, and as there had been no previous trouble between him and German, it was supposed the crime was perpetrated in pure wantonness.

It is thought that the persons by whom German was killed were members of a secret organization, to which he belonged — but whether Ku-Klux or not, nobody in the neighborhood appears to know. The body of men concerned in the execution numbered about 200, and none of them were identified by citizens who witnessed their appearance and departure. Accounts reported Bill German was found hanged in a nearby barn; a sign posted there declared: Hung for shooting a Negro, Bill Cullum, and violating the laws of Ku Klux.”

These days, this story has been used by the KKK as evidence that they are a peaceable organization and not at all racist, honest, pinky-swear.

An aside: executions ran in the German family. William German’s brother, Columbus C. “Lum” German, had also served in the Confederate Army and also met his death at the end of a rope, in 1866.

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1864: Samuel Wright, by contrast

Add comment January 12th, 2014 Headsman

Samuel Wright and George Townley both murdered romantic partners late in 1863. Both were tried, convicted, and condemned to hang in very short order and both the subjects of intense pressure for a crown commutation of sentence.

Only one of those men hanged. It was 150 years ago today.

George Townley

Townley lived near Manchester and was courting a young woman named Bessie Goodwin from Derbyshire. Described as a man from a respectable upper middle class family with “refined manners,” and an intelligent linguist* to boot, Townley was nevertheless a rung or two below Miss Goodwin on the wealth and status ladder.

He was, accordingly, frustrated of his designs when the young lady accepted a clergyman’s proposal and broke off her previous engagement to Townley. Despite being disinvited by ex-fiancee, Townley took a train to her village and pressed his company on her. The two went for a walk that evening, and Townley stabbed her in the throat — a fact which he confessed on the scene to the first person who responded to the commotion and found Miss Goodwin staggering towards her home with a fatal gash in her neck.

In the great tradition of weird stalkers everywhere, Townley then helped the Good Samaritan carry the dying woman home, and kissed her tenderly, all the while bemoaning to arriving gawkers his guilt. “She has deceived me, and the woman who deceives me must die,” he responded chillingly to the inquiries of his would-be father-in-law. “I told her I would kill her. She knew my temper.”

This is all a very bad hand to deal a defense barrister.

Having little to work with, his superstar attorney — remember, the family had money — went with an insanity defense, aided by the lunacy diagnosis of prominent psychiatrist Forbes Winslow.** There was some history of insanity in his family, and everyone seemed agreed on the point that Townley didn’t set out with the intent to commit murder, but impulsively — madly? — took that course as he realized during his interview that he would surely not be putting a ring on that.

The legal standard of the time gave no purchase to this sort of thing. Townley’s judge instructed the jury to find insanity only if he “was under delusions … [and] supposed a state of things to exist which did not exist, and whose diseased mind was in such a condition that he acted upon an imaginary existence of things as if those things were real.” This is the M’Naghten rule, a historically pivotal and also highly restrictive insanity definition dating to 1843.

On December 12, 1863 Townley was sentenced to death for the murder, with the hanging scheduled for the approaching New Year’s Day. According to the London Times report the next week (Dec. 18), the sentence “has not made the slightest alteration in his demeanour. He partakes of his meals heartily, sleeps well, and repeatedly asserts that he was perfectly justified in taking away his victim’s life, and that he feels no remorse for the deed.”

Nevertheless, Townley’s well-off family and friends had enough pull to pry open a previously little-known legal escape hatch.

Upon the judge’s own request, the crown empaneled a committee to adjudicate Townley’s sanity for his mercy petition. But a sloppily written law actually allowed any two doctors plus any two magistrates to issue a formal certification of madness which would compel the prisoner’s removal to the asylum. Townley’s own solicitor simply assembled himself a quartet so minded and presented their finding to the Home Secretary, forcing his hand — to a great deal of public outrage once the obscure mechanism became known.

“Good friends and abundant means may give a convicted criminal unexpected advantages over an ordinary offender,” the Times complained in an editorial. (Jan. 27, 1864) Plus ça change.

Samuel Wright

Samuel Wright was not a man of means or linguistic gifts, but a bricklayer who lived in a Waterloo Road public house in Surrey, on London’s southern outskirts.

On December 13, 1863, he slashed the throat of his live-in lover Maria Green after they’d both been on a drinking bout. On December 16, mere three days later, Wright voluntarily pleaded guilty and received a death sentence.

A hue and cry for Wright’s sentence to be abated soon arose among London’s working classes, especially in the wake of Townley’s commutation. Wright had a good reputation, while Green was known for her violent temper. Wright intimated that she had menaced him with a knife during a quarrel.

Was this not a case like George Townley’s, only more so?

The contrast in the fates between the two murderers did not flatter. The crimes were analogous even to the mode of slaying.† If anything, the rich man’s suggested a more egregious context: Townley’s victim appeared more sympathetic, and Townley had gone out of his way to track her down in order to kill. Why was Townley’s heat of passion “insanity” but Wright’s was motive and deliberation?

The Home Secretary offered his sympathy but not his mercy. After all, Wright himself agreed that he intentionally killed Green. “To commute the sentence on the grounds on which it has been pressed would, in fact, be to lay down a rule of law as to the distinction between murder and manslaughter contrary to that which is well established,” wrote a Home Office spokesman on Jan. 7 in response to three separate petitions submitted on Wright’s behalf. Maybe they thought the same thing about Townley … but that decision was out of their hands.

In one of the period’s characteristic hanging broadsides, the balladeer has Wright lament,

Friends, for me have persevered,
To save me from the gallows high;
Alas! for me there is no mercy,
Every boon they did deny,
While others who was tried for murder,
And doomed to die upon a tree,
Through friends and money has been pardon’d
who deserved to die as well as me.

But, oh! my friends, you must acknowledge
what I say has oft been said before.
Some laws are made to suit two classes,
One for the rich, one for the poor;
So it is with me and Townley,
A reprieve they quickly granted he,
He was rich, and I was poor, —
And I must face the fatal tree.

The mood of the populace for the hanging at Horsemonger Lane Gaol this date in 1864‡ was decidedly ugly. On the night of the 11th, when it became clear that the many last-ditch bids for commutation — directed not only at the Home Secretary but even to Queen Victoria and even to the Prince of Wales appealing for a boon on the occasion of his first son‘s January 8 birth§ — a handbill circulated in the prison’s neighborhood entreating its denizens to protest the execution by shuttering all windows. “Let Calcraft and Co. do their work this time with none but the eye of Heaven to look upon their crime.”

Indeed this summons was widely obeyed.

A small crowd only turned out for the occasion, and shouted their disgust for the proceedings: “Shame!” and “Judicial murder!” and “Where’s Townley?” Even many months later, at the controversial August 10 hanging of Richard Thomas Parker, the crowd chanted Townley’s name, now the emblem of the unequal justice of the law.

One diarist’s entry for the day recalled that “[t]he blinds were down in all the neighbouring streets and the military were called out in case of an attempted rescue. When the unfortunate man appeared on the scaffold, loud cries of ‘Take him, take him down’ were heard in every direction, to which the unhappy man responded by repeated bows to the multitude, he still continued bowing and was actually bowing when the drop fell.”

Postscript

The language of the law that permitted Townley his backdoor commutation was revised by Parliament within weeks.

As to Townley himself, another panel appointed by the Home Office found him fully cogent, which meant that officially, he had become insane after his death sentence and the insanity abated thereafter. While this finding theoretically reinstated the death penalty, actually hanging him after these circumstances was thought to be inhumane, and he was reprieved. One supposes there must have been some thought for the potential disturbance Townley’s hanging would have occasioned.

On February 12, 1865 — a year and change after escaping the noose that claimed Samuel Wright — George Townley hurled himself headlong off a high staircase onto a stone floor in Pentonville Prison, where he had been transferred as an ordinary inmate. He died on the spot.

* Of course, he could never hope to match the linguistic’s fields most famous English murderer.

** You might recognize this distinctive name from our Winslow’s son, L. Forbes Winslow, a figure in the Jack the Ripper investigation.

† An additional unflatterering comparison point to Derbyshire contemporaries: a proletarian named Richard Thorley had been hanged in Derby in 1862 for a very similar crime: he slashed his girlfriend’s throat when she tried to break up with him.

‡ Among the very last public hangings at Horsemonger Lane Gaol. All UK hangings were conducted behind prison walls by 1868.

§ This infant, Prince Albert Victor, is the royal eventually identified with Jack the Ripper by a particularly inventive hypothesis.

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1771: Captain David Ferguson, for the murder of his cabin-boy

Add comment January 5th, 2014 Headsman

(From the Newgate Calendar)

At the Admiralty sessions, held at the Old Bailey, on the 17th of December, 1770, David Ferguson, master of the merchant-ship Betsey, was tried for the murder of his cabin-boy, a lad about thirteen years of age, during his voyage from Virginia to Antigua.

It appeared that four of Captain Ferguson’s crew died, and he was charged with the murder of them all. On one of these alleged crimes he was tried in Virginia, and acquitted.

Lord Botetourt, the then governor of that colony, transmitted the proceedings of the Court to the secretary of state for foreign affairs in London, with a favourable opinion thereon.

Though we have had too frequent occasion, in the course of this work, to state the wanton exercise of that power necessarily given to commanders at sea, yet we also know that the crew are too often ready to construe necessary correction into cruelty; and, should any of the hands corrected by the captain die, even by accident, or the common course of nature, they are sure to aggravate the affair, and persecute their commander.

The ship Betsey sailed from the Capes of Virginia in the depth of winter, when the cold is intense to a degree, of which Englishmen have hardly a conception. Heavy gales of wind and long falls of snow succeed each other, day after day. The shrouds and rigging are incrusted with ice, and they often snap from the tension thereby occasioned. The masts, thus deprived of their principal support, are often ready to fall by the board, while the deck is deeply covered with snow.

(Note: A shocking instance of the sad effects of these sudden snow storms, on the coast of America, happened to the officers of the Assistance man-of-war, lying off Sandy Hook, near New York, in the year 1784. Six seamen of that ship confederated to desert, jumped into the yawl, and pushed off from the ship towards the shore. Another boat was got ready for a pursuit, and was manned by the first lieutenant, eleven other officers, and one seaman. Before they could come up with the deserters, a snow storm came on, which, as is often the case, so overpowered them, and so darkened the horizon, that they lost sight both of the yawl and the ship, and were all, except one, next morning found dead on the beach, near Middleton Point, in New Jersey, most of them sticking in the mud.)

In such cases seamen do their duty with much reluctance; and, when their extravagance in harbour has deprived them of the means of laying in an allowance of brandy and tobacco, they grow clamorous to their captain for those indispensable articles, with which he is not bound to supply them; in fact, he generally provides little more than may serve himself.

Captain Ferguson’s crew, thus situated, were often remiss in their duty; and, on several occasions, his utmost exertions were called upon for the safety of his ship; but that he exceeded the bounds of moderation must be admitted, from his conviction by an English jury of the murder of his cabin-boy.

Perhaps the severity of the season, the crew being unprovided with liquor, and also without sufficient warm clothing, contributed more to the death of the remaining three that perished than correction. The survivors imputed the murder of them all to the cruelty of their captain.

To come to the charge on which he was convicted: it was proved that he had frequently beat the boy in a manner far too severe for his tender years to bear; and that he had knocked him down, and then stamped upon him. After this barbarous usage he confined him almost an hour upon deck, to the weather-side of his long- boat, when the weather was so severe that snow covered the deck, and the shrouds were snapping. That he again pushed him down, and trod upon him with both his feet.

The seamen said that the boy provoked this punishment by coming upon deck with only one stocking on. The sufferer did not make complaint of the effects of his usage until eleven o’clock at night; and the next day he fell into the hold, and was missing five hours. He was found dead upon the ballast.

In his defence Captain Ferguson proved the distress his ship was in from the weather, and the refractory spirit of the crew, several of whom he was obliged to force to their duty.

On the passage of the Betsey home to England, Major Watson and Captain Lilly, who were passengers, proved that she was wrecked on the coast of Sussex; and that it was owing to the resolution and good conduct of Captain Ferguson that they, together with the crew, were saved. It also appeared that many vessels at sea with the Betsey, on the coast of America, had several of their crews frost-bitten, which turning to gangrene, they died. The inference attempted to be made was that the frost had killed the cabin-boy.

Several respectable merchants gave the prisoner a good character for integrity and humanity; but the jury found him guilty, and sentence of death was passed upon him accordingly.

Considerable interest was made to obtain the royal mercy, and (a circumstance seldom granted to murderers, and then only when some doubts arise in the minds of the privy council on the case) he received a respite.

On the 4th of January, 1771, eighteen days after conviction, the warrant arrived for his execution; and the next day, attended by the marshal of the Admiralty, carrying a silver oar, he was carried from Newgate to Execution Dock, and there hanged.

His body was hung in chains upon the marshes of the river Thames.

Thus perished Captain David Ferguson, a victim to his ungovernable passion, in the twenty-sixth year of his age.

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