Posts filed under 'Pardons and Clemencies'

1717: Three spared en route to Tyburn, thanks to Jack Ketch’s debts

Add comment November 6th, 2017 Headsman

From the London Weekly Journal or Saturday’s Post, Nov. 9, 1717:

On Wednesday we had a very odd Accident happen’d upon Occasion of the ordinary Execution of Criminals; the Number to be hang’d was five, according to the Dead Warrant, but two of these had obtain’d a respite of Execution, the other three were put into the Cart and carry’d to the Place of Execution.

The Person they call the Finisher of the Law, alias the Hangman, and who, for the common Understanding inherits the Name of Jack Ketch, going before the Cart on Foot, in order to be ready at the Place, was arrested in Holborn by three Bayliffs or Officers, on a Sheriffs Warrant for Debts, and was carry’d away.

However, after some Time he got out of their Hands, but soon fell into worse Company; for the Mob got him into their Clutches, and whether he had given them Occasion or no, we know not, but no Pick-Pocket was ever used worse by them; for if all we hear is true, they left him with little Life in him.

In the mean Time the Prisoners came to the Place of Execution; but no Hangman could be found to do them the usual last Offices of Kindness. The Under-Sheriff, it is said, offered very generously to several Persons to officiate, but none could be found. Mr. Ordinary, we hear, might have had the Compliment, but did not think fit to say he would accept it if it had been offer’d.

One bold Fellow, being half inclin’d, his Comrade prompted him earnestly, Do Jack, says his Brother Tom, thou hast not earn’d a Penny in an honest Way a great While.

No, says Jack; da___e, not I, for I deserve it as much as any of them; but do you do it your self, Tom, you know it will be your Turn quickly, and Jack Ketch shall use you the better for it.

But in short, neither Jack nor Tom would do it, and the poor Wretches, tho’ they waited in the Cold a great While, were not willing to do it for themselves; and so the Sheriff’s Officers were fain to bring them back again to Newgate, where it is said they must lie till Jack Ketch recovers of his Suffocation in the Horse-Pond, and is in Condition for his honest Employment.

The prisoners in question all had their sentences commuted.

The hangman, William Marvell — who had obtained the position because his predecessor was also clapped in debtors’ prison — likewise lost the executioner’s gig thanks to the embarrassing arrest. Too reviled thereafter to find honest work he wound up being sentenced to convict transportation for shoplifting in 1719.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Last Minute Reprieve,Lucky to be Alive,Not Executed,Pardons and Clemencies,Public Executions,Theft

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1831: Slaves of Sussex County, for Nat Turner’s rebellion

Add comment September 23rd, 2017 Headsman

Four slaves allegedly concerned in Nat Turner‘s Virginia rebellion were hanged on this date in 1831.

Turner’s rising had spanned only a couple of days in August but would haunt Virginia and the South all the way to the Civil War. (At least.) And one of the first, frightening questions that white slaveowners had was — was the rebellion in Southampton County an isolated event, or was it part of a wider servile conspiracy that might augur a general insurrection? Would there be two, three, many Nat Turners? The Southampton Spartacus was himself pressed on this point before his execution; the published confessions of his interrogations note that “If Nat’s statements can be relied on, the insurrection in this county was entirely local, and his designs confided but to a few, and these in his immediate vicinity.”

Little but suspicion supported this proposition but the search was intense and in the time-honored investigative tradition eventually generated its own evidence, from the lips of “a negro girl of about 16 or 17 years of age” named Beck(y) when pressed by her mistress.

We can only guess at the particular circumstances inducing this young house slave to issue her denunciations,* but their substance was that she had heard the denizens of the slave quarters discussing the insurrection and planning to join it — not in Southampton County but in neighboring Sussex County. Slaveholders all knew that they dwelt in the shadow of a smoldering Vesuvius; if Becky’s claims were true, then the mountain was already spewing fire.

Becky’s accusations got three slaves put on trial in Southampton County on September 8, but all were acquitted. (There were many acquittals in the Nat Turner bust-up.) But Sussex County convened its own court and here Becky’s allegations were better received. Her testimony in the cases of “Solomon a negro man slave the property of Nancy Sorrly, Booker a negro man slave the property of Samuel A. Raines and Nicholas a negro man slave the property of Hannah Williamson here became favorably received — perhaps Sussex County feared that declaring itself insurrection-free would suggest a want of diligence?

Beck a negro slave the property of Solomon D. Parker a witness for the Commonwealth says that at the last May meeting at the Raccoon Meeting House, she heard the prisoners Nicholas and Booker say that they would join the negroes to murder the white people and heard the prisoner Solomon say that he would join too for God damn the white people they had been reigning long enough. Captain Peters’ two negroes Boson and Frank were also present and Mr. Parker’s Bob who told her if she told the white people would shot her like a squirrel and would not bury her, and she has since been told the same thing by all the others. There were several other negroes present whom she did not know. The Saturday night before and the Monday night of the last Southampton election she heard conversations among the negroes about ? On both these nights she was called in by her mistress and slept in the house. On Friday night she went out and stayed so late that she was not permitted to go in.

Similar evidence also helped to condemn several other accused slaves, all of whom were slated to hang on September 23. On September 16, the Virginia governor noted in his diary, “I had a Council of State, transacted business and received the record of nine slaves condemned to be hanged by the Court of Sussex. One I have reprieved. No news from any other part of the State.” Several others were set instead for convict transportation out of Virginia Commonwealth, and two slaves died in a desperate jailbreak attempt.

Solomon, Booker and Nicholas all hanged on September 23, 1831, along with a fourth slave called Ned who had been accused not by Becky but by a different house slave named Lizzy.

* In Nat Turner Before the Bar of Judgment, Mary Kemp Davis calls Becky “nothing if not wily. Her incriminating testimony was a masterful ‘hidden polemic’ against anyone who would try to implicate her in the insurrection.”

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1862: Not Finnigan, miner’s court survivee

Add comment September 12th, 2017 Headsman

This entry from a diarist in Idaho’s 1860s gold rush arrives to us courtesy of Steven Tanasoca and Susan Sudduth in the Oregon Historical Quarterly of summer 1978.

Sydney-born, our observer George Harding in 1856 joined the wave of Austrlian migration to gold-strike California with his widowed mother and three younger brothers. But the family (augmented by a stepfather and an adoptive son) soon drove on to the Oregon Territory. In 1862, 19-year-old George, his brother Bill, and their stepfather Charles Murray tried their luck in the Idaho mining boom: far from prospecting, Harding made his bread by painting, carpentry, and suchlike workaday labor in the Elk City camp.


Wednesday 10th [September] Clear and fine all day. We worked all day on the fashion Saloon. A man by the name of [James] McGuire was shot through the neck this afternoon by a man named Finnigan. A most horrid murder was commited [sic] this afternoon. He was stabbed in the neck twice, cutting the jugular vein in two. He died about half an hour after. At the time of the murder, he was lying in bed supposed to be asleep. They have arrested Finnigan. Have suspicion that he committed the crime. We had a very severe frost last night. Ice was a quarter of an inch thick in the shop.

Thursday 11th Clear and fine all day. We work[ed] all day painting for Captain Maltby. The town has been in a great excitement all day. The miners came into town this morning and organised a Vigilance Committee. Finnigan has been on trial all day. The jury returned a Verdict about 10 o’clock this evening that he was guilty of Willful Murder. A great number of the miners was for hanging him right away, but after a little consideration it was decided that he should be hung at eleven o’clock tomorrow morning. We had another very heavy frost last night.

Friday 12th Clear in the morning, but got dark and cloudy in the afternoon. We worked all day for Captain Maltby. The scaffold was erected this morning about eight hundred yards from Elk City on the West side. Finnigan was brought to the scaffold about eleven o’clock under a strong guard. He was reading the prayer book all the way to it. When he got on the scaffold, he confessed that he committed the crime and stated the reasons why he had done it. He said that some time back he and the deceased had a quarrel in which the deceased had attempted to take his life with a knife and would have done it had he not been stopped by outside parties.* He said that after this he had wanted some revenge. Also, the deceased had said that he would kill him the first chance he got. Finnigan warned all young men to take warning by him to keep from drinking and gambling as it was that that had brought him on the gallows now. Finnigan took a parting leave of all his friends. The Sherif [sic] then covered his face and tied his hands behind his back and put the rope around his neck. The trap was then let go, and to the astonishment of the spectators, Finnigan fell to the ground. By some means or other the knot came untied after giving Finnigan a heavy jerk. As soon as he could speak he cried out to save him, save him. Some of the people then cried out to let him live and he was then taken back to the town, which he left this afternoon. It commenced raining this evening.

* The bad blood between these men is fleshed out a bit more — along with a more cinematic version of the gallows escape — in An Illustrated History of North Idaho. This source not unreasonably suspects that a sympathetic hand among the execution party might have rigged the noose to “by some means or other” come undone.

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1863: Not Nathaniel Pruitt, reprieved deserter

Add comment June 10th, 2017 Headsman

On this date 150 years ago, according to Larry Daniel’s Soldiering in the Army of Tennessee, a middle-aged man was all set to be shot for deserting the Army of Tennessee, and the much-resented command of Gen. Braxton Bragg.

In a well-documented incident, a soldier received a reprieve as a result of a dramatic incident. Forty-seven-year-old Nathaniel Pruitt of the Nineteenth Tennessee was found guilty of desertion and on June 10, 1863, was taken to a field beside his regimental camp, his coffin placed beside an open grave. A minister cut a lock of hair to give to Pruitt’s wife. The firing squad was positioned and ordered to take aim, but just then an officer came galloping up with a special order to suspend the sentence. The prisoner began crying. “I was truly glad [of the reprieve], but must say some of the boys were disappointed,” a Mississippi diarist noted. Incredibly, the very next day, Pruitt again deserted and was never heard from again.

One takes the author’s point here about Pruitt’s risk-seeking second flight, but even so it might not really be all that “incredible” that one would desert the company of armed men who had recently shown open disappointment about being prevented from shooting one dead.

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1805: Not Bartlett Ambler, possible buggerer

Add comment May 8th, 2017 Headsman

From “Buggery and the British Navy”, in History of Homosexuality in Europe and America

Unlike modern military law, which tends to distinguish in some way between homosexual acts between consenting adults and what is often the equivalent of rape of a shipmate, the navy during this period made no such distinctions. A boy who had been seduced or forced to commit buggery, therefore, was under great pressure to turn in his partner or attacker, for if they were caught and it appeared he had consented, the “victim” might well be as severely punished as the aggressor. Needless to say, there were serious problems in determining whether or not the boys called to testify were telling the truth, or simply using the buggery charge as a means of destroying a shipmate or officer they particularly disliked.

The courts were often acutely conscious of that possibility and there was even some objection to allowing young boys to testify in buggery trials. In 1772, the defense protested the testimony of John Ellis, a twelve year old boy who had accused one John Palmer of buggery. Despite the protest, however, it was decided that he could legally testify and Palmer was convicted of attempted buggery.

The problem of boys testifying against men in buggery cases are clearly revealed in the Bartlett Ambler case. Ambler was accused by four boys of sodomitic practices. Each testified that Ambler threatened to have them flogged if they told what had occurred. One of the boys, John Davy, said, “…and I had scarce buttoned up my breeches when he said be sure don’t tell no person of it. I’ll be very good to you, but if you tell any person of it I’ll get you flogged.” Ambler based his defense on the alleged wickedness of his accusers. Joseph Dorman, the ship’s corporal, was called upon to discuss the character of three of the witnesses.

Q. Do you know if the boys who have been examined in support of the charge against me are notorious liars?

A. Two of them Hopkins and Willcott have been several times punished for lying.

Court. What is the character of the boy Davy?

A. He bears a very bad character by the whole ship’s company.

Ambler also called upon Midshipman Robert Baker who told the court:

Davy is a very wicked boy indeed as ever lived everyone in the ship will say that if it was in his power he would hang his own father — I hear Hooper’s mother say that her son had denied to her all that had been said against the prisoner.

The court had to weigh the testimony of the four boys who accused Ambler of buggery against the evidence of Ambler’s witnesses, who denigrated the character of the boys and testified to his good reputation. The judges sentenced Ambler to be hanged, but as a sign of their unease, sent the following letter to the Admiralty Secretary, along with the minutes of the trial:

By desire of the members of a Court Martial assembled by me this day to try Mr. Bartlett Ambler, I have to request you will call their lordship’s consideration to the hardship the Court have labored under in being obliged to condemn a man to death, upon the evidence of four boys, the eldest not more than thirteen years of age, and therefore recommend him to mercy.

The recommendation was endorsed by His Majesty on May 8, 1805, and Ambler was pardoned.

It is clear that boys could be intimidated into testifying against innocent men. In one disturbing case, a boy was caught under the blanket of Edward Martin. Evidently, the boy did not have a bed or blanket of his own, and Martin took him in as an act of kindness. The captain of the ship had the boy flogged and threatened him with another whipping if he refused to testify. Under the threat of further punishment, the boy confessed that Martin had buggered him. The trial record reads:

Prosecutor. Did you inform me that the Prisoner had committed that unnatural crime on you twice?

James. Yes, but I was afraid that the Captain would flog me.

In this case, the prisoner was acquitted, but the case does suggest the many possible abuses in buggery trials: that the testimony of boys was suspect, that fear of punishment or promise of reward might be used to intimidate them into giving false evidence against a shipmate, that the boy could be motivated by dislike or a desire for vengeance.

Trial transcripts of the testimony offered against Bartlett Ambler — and summoned by Ambler in his defense, who averred the “wicked” and “very bad” character of the childish witnesses — are available in Gay Warriors: A Documentary History from the Ancient World to the Present.

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Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,England,Hanged,History,Homosexuals,Not Executed,Pardons and Clemencies,Rape,Sex,Soldiers

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1702: Not Nicholas Bayard, anti-Leislerian

Add comment March 30th, 2017 Headsman

March 30, 1702 was the date colonial New York spared Col. Nicholas Bayard from undergoing a hanging scheduled later that same day.

A “puzzling affair, made so by frustratingly incomplete documentation,” in the estimate of Adrian Howe, whose William and Mary Quarterly article (January 1990) “The Bayard Treason Trial: Dramatizing Anglo-Dutch Politics in Early Eighteenth-Century New York City” is a key source for this post: it was certainly blowback for the execution a decade earlier of the Dutch merchant Jacob Leisler who seized control of New York in a populist rising to cement its adherence to the Glorious Revolution. Bayard, a colonial elite related to Peter Stuyvesant himself, was Leisler’s superior in the militia but abhorred the Leislerian intervention on behalf of the usurping Dutch king William III.

Bayard got his by helping to manage Leisler’s prosecution all the way to the gallows, even reputedly hosting the new royal governor at his own house while his party plied him with alcohol in a (successful) bid to overcome his reluctance to sign Leisler’s death warrant — a triumph Bayard celebrated by gaily hanging a flag from his window on the day Leisler hanged.

For a man who had recently found it necessary to flee the city for his own safety, he was a reckless provocateur of a foe that grew to hate him. Anglican clergyman John Miller surveyed the city during the intervening years and noticed that the Leisler party “have vowed revenge & Some Say want but an opportunity to effect their purpose.”

As the 18th century dawned, the Leislerian party — more think artisans, against the magnates — was back in control of the New York’s Provincial Council, and could finally see a way to that purpose. It seized on an intemperate petition that Bayard had drawn up against the late, pro-Leislerian governor Bellomont* and turned a 1691 anti-Leisler law-and-order statue against it.

The resulting eight-day trial in early March was a nakedly political operation although New York’s Dutchmen fell a bit short of the Robespierrian standard: it’s not clear whether they really meant to hound Bayard all the way to death or whether the last-minute pardon was the plan from day one. To get it, Bayard had to submit himself as far a very grudging apology for the offense — “which by the said sentence he finds and is convinced he has committed.” Apparently this sullen abasement was enough to satisfy Team Leisler, who cut here a picture of moderation and restraint that would do their countrymen’s latter-day stereotypes proud; when a new governor arrived, Bayard’s condemnation was fully reversed and expunged, “as if no such trial had been.”

This escape and restoration left Leisler to publish a pamphlet against his treatment, An Account of the illegal prosecution and tryal of Coll. Nicholas Bayard, in the province of New-York, for supposed high-treason, in the year 1701.

* Among other things in his venturesome life, Bellomont sponsored William Kidd when he was a somewhat legitimate privateer, but eventually orchestrated Kidd’s capture as a pirate.

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1708: Thomas Ellis and Mary Goddard

Add comment March 3rd, 2017 Headsman

The Ordinary of Newgate’s Account of the Life, Conversation, Birth and Education, of Thomas Ellis, and Mary Goddard.

Who were Executed at Tyburn, on Wednesday, the Third of March, 1707/1708.
WITH
The most Remarkable Passages of their whole Lives and Wicked Actions, from the time of their Birth, to their untimely Death; as also their Tryal, Examination, Conviction and Condemnation, at the Old-Bayly, their Behaviour in Newgate, their Confession, and True Dying-Speeches, at the Place of Execution.

Licensed according to Order.
LONDON:
Printed by H. Hills, in Black-fryars, near the Waterside. 1708.

The Life and Conversation, Birth and Education of Thomas Ellis, and Mary Goddard, &c.
AT the Sessions of Oyer and Terminer and Goal delivery of Newgate, held for the City of London, and County of Middlesex, at the Old-Bayly, on Wednesday and Thursday, the 26th and 27th of February last, Sentence of Death pass’d upon Thomas Ellis, Ann Simmons, Deborah Churchill, and Mary Goddard.

On the Lord’s Day following I Preach’d to them twice, in order to prepare them for another World, and took the Portion of Scripture for my Text, from the 28th Chapter of Proverbs, and the 13th Verse. He that covereth his Sins shall not Prosper, but whosoever forsaketh them shall have Mercy.

In handling them, I

I. Explain’d the Nature of Sin, and the Guilt Contracted by it.

II. I enter’d into the Consequences that attended it and prov’d from Holy Writ, that the Sinner Ignominious in this Life, and Eternally Miserable without due Repentance in the next; an tho’ he may flourish like a Bay-Tree, in his Temporal Concerns, he is lost to all Eternity in his Spiritual, without petitioning for Mercy, and preparing himself with an Humble and Contrite Heart, for the acceptance of it.

III. Having shewn them what Sin was, and represented it to them in its blackest Colours, I shew’d them what it was to forsake it, what Methods they ought to take for so Holy a Purpose; and what an Abhorrence they should entertain of so Detestable a thing as offending the great Governour of all things; The Creator of Heaven and Earth, by Wicked and Ungodly Practices.

IV, and Lastly, I applied the Consolation and Mercy to them, and dwelt some time upon the Conditions by which they were to expect it, and exhorted them to forsake Sin, by a Repentance not to be Repented of, by an open and hearty Confession of their Manifold Wickednesses, by a Discovery of such as had been Confederates with them, and by Imploring the Pardon of that God whose Mercy is over all his Works, and is sure to such as seek it according to the prescribed Methods in his Holy Word, &c.

On Monday the First of March, which was the Day following the Dead-Warrant came down, which order’d only Thomas Ellis and Mary Goddard for Execution, Deborah Churchill being respited by a Reprieve till she should be deliver’d of a Child, which a Midwife had given her Oath she was quick of, and Anne Simmons, by reason of her great Age, and Her Majesties Compassion: Tho’, for the Benefit of others, I shall proceed to their Behaviour and confession under the Sentence of death with the two others, that are the melancholy Occasion of this Paper.

I. Thomas Ellis, Condemn’d for breaking open the Dwelling-house of Sir Miles Hicks, of St. Peters Pauls Wharf, in the Night-time, and taking from thence two Silver hilted Swords, a Hanger, a Cloth Coat, two Pistols, a Bever Hat, with other things. He told me that he was about 32 Years of Age, that he was born of honest Parents, who put him Apprentice to a Poulterer, in which Occupation he behav’d himself honestly to the good liking of his Master and all that had any Concerns with him, till his Acquaintance with John Hall, and Stephen Bunch, two Criminals lately executed for Felony and Burglary, brought him to commit such Crimes as he stood Convicted for. He confess’d he had been an Old Offender, and had formerly receiv’d Mercy, but not living up to the Conditions of it, he had justly incurr’d the Punishment he was to suffer, by returning with the Dog to his Vomit, and keeping his old Acquaintance Company. He seem’d to be much concern’d for the many Robberies he had been Guilty of; and said, Nothing griev’d him more than that he was incapable of making Restitution: So that I must write him down for a hearty Penitent.

II. Mary Goddard, Convicted and Condemn’d for making an Assault on Jane Gregory, and taking from her Five Shillings in Money, the Money of said Gregory, and one [He]nry Moult, on the 10th of December last, &c. she was about 37 years of Age: That her Father was a Weaver in Chippinnorton, in Oxfordre; and that being desirous of seeing London, left her Friends, and put her self Servant to a rcer in the Strand: That she behav’d her self the good liking of those she serv’d, till getting quainted with the aforesaid Thomas Ellis, for ose Wife she had pass’d for some years, she turned op-lifter; for which Crime she had formerly rev’d Sentence of Death; she continued the same cked Practice, which brought her some time since the Work-House in Bishop’s-gate-street, where committed the Crime for which she was to die

III. Deborah Churchill, Condemn’d for Aiding Richard Hunt, William Lewis, and John Boy, in e Murder of Martin Ware, by giving him several Mortal Wounds with a Rapier, on the 12th of January last, of which he instantly dyed, said, she as in the 26th year of her Age, That her Parents ing when she was young, she was left to the Care an Uncle at Five years Old, who not shewing at Regard to her Education, as he ought to have one, she took her leave of him at Fifteen, after having been enticed by a Neighbour’s Son, that got er with Child, she came up to London, where he got acquainted with a Bawd in great Wild-reet, who made Money of her, for the Service of he Unclean; and that she had continu’d in that Course of Lewdness, till her Commitment to the[se s]eem heartily Penitent, and solv’d for an Amendment, should God spare Life, which I hope he has done, to forward so [re]ligious a Purpose.

IV. Anne Simmons alias Smith, of the Parish Stepney, Condemn’d for privately Stealing from the Person, of Hester Bourn, on the 17th January last; She said that she was 60 Years of and born of very honest Parents, who dying w[hen] she was young, bequeathed her to the Care of Parish, by whom she was put an Apprentice Servant to a Farmer. But that she being prompted the Lust of the Flesh, and having had to do w[ith] several Young Men came to London: Where f[all]ing into evil Company, she got acquainted w[ith] Mary Raby, who was Executed some Years […] sin who initiated her in that wicked Art of Picki[ng] Pockets, which she had continu’d for Thirty Yea She seem’d extreamly desirous to make Reparatio[n] which I hope she has done through, the Mercy her Saviour.

On Wednesday the 3d of March, being appointed for the Execution of Thomas Ellis, and M[a]ry Goddard, I attended them in the Chappel Newgate, where not only these two, but all th[ose who] lay under Condemnation were present. viz. Mr. Gregg, Mr. Maugridge, and the other two Women who are Repriev’d; I there earnestly press’d the to pray heartily that God would soften their harened Hearts, and bring them to a serious and heaty Repentance of all the former Wickednesses the[y] committed, which they did with great Ferven[cy] and Devotion; insomuch that they press’d me to minister the Holy Sacrament; which I perform’d [acco]rdingly; and afterwards expounded to them Holy Scriptures, and again exhorted them to upon their Redeemer for Mercy upon their Souls.

After which they were convey’d by the Sheriffs cers in a Cart to Tyburn, where I attended them he last.

[I l]aid before them the little Time that was be them and the Dark Night of Eternity, eary desiring them to improve every moment to Souls Advantage, and to cry mightily to that who was able to save them at the last Moment true Repentance, through the Merits of a Cru[cified] Saviour. I exhorted them to stir up their [hear]ts to God more and more to clear their Conces, and to discover any thing they knew t be of use to the World. They acknowledged were Guilty of the Facts for which they were to Suffer. They desired all Spectators to take [warn]ing by them, and to pray for them; wishing all that knew them would become wiser and [learn?] by their shameful Death, so as they might ome to the same Condemnation. Ellis said he [had b]een very Wicked, and done much Mischief; he hoped God had forgiven him, and would Mercy upon his Soul. He begged Pardon of hom he had injur’d, and freely forgave those had done him any wrong. Mary Goddard bitterly for the Sins of her Life, acknowledging the Fact for which she was now to suffer; desired the People to pray for her, and let this shameful End be an Example for all such who fl[aunt] the tender Mercies of God, and follow their Vitious Course of Life; for, said she, by keep[ing] Bad Company, and Prophaning the Lord’s [Name] hath been the Cause of my coming to this unti[mely] Death. When I had perform’d the Offices re[qui]site for my Function, and sung a penitential Psa[lm] I wished them a happy Passage out of this Life a better, and recommended their Souls to G[od and His] boundless Mercy in Christ. Then they pray’d some minutes by themselves, and then were tur[ned] off; calling upon God all the while to have M[ercy] upon their Souls, and open the Gate of Heaven them.

This is all the Account I can give here of the Malefactors,

Paul Lorain, Ordinary

Wednesday, March 3.

Part of the Themed Set: The Ordinary of Newgate.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,Not Executed,Pardons and Clemencies,Public Executions,Theft,Women

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1641: Not Manuel de Gerrit de Reus, chosen by lot, saved by hemp

Add comment January 24th, 2017 Headsman

Dutch New Amsterdam’s council minutes give us today’s remarkable story, of the chance condemnation and chance deliverance of an Angolan

Our Manuel — his “de Reus” surname came from his Dutch owner — appears to have been among the very earliest slaves imported into New Amsterdam when the Dutch West India Company first introduced this institution in 1626.

By every indication apart from this brush with the scaffold he was a respected man who prospered about as well as his situation permitted. Manuel received (partial) freedom in 1644 along with nine other slaves, prominently including several others charged in this same fracas. These freedmen and their families would thereafter form the nucleus of create Manhattan’s first black community by settling (post-manumission) neighboring farming plots north of Fresh Water Pond.*

We can continue to track Manuel, fleetingly, through colonial records as late as 1674 — by which time his place was no longer New Amsterdam at all, but New York.


Anno 1641. In the Name of God

On Thursday, being the 17th of January, Cornelio vander Hoykens, fiscal, plaintiff, vs. little Antonio Paulo d’Angola, Gracia d’Angola, Jan of Fort Orange, Manuel of Gerrit de Reus, Anthony the Portuguese, Manuel Minuit, Simon Conge and big Manuel, all Negroes, defendants, charged with homicide of Jan Premero, also a Negro. The plaintiff charges the defendants with manslaughter committed in killing Jan Premero and demands that Justice be administered in the case, as this is directly contrary to the laws of God and man, since they have committed a crime of lese majesty against God, their prince and their masters by robbing the same of their subject and servant.

The defendants appeared in court and without torture or shackles voluntarily declared and confessed that they jointly committed the murder, whereupon we examined the defendants, asking them who was the leader in perpetrating this deed and who gave Jan Premero the death blow. The defendants said that they did not know, except that they committed the deed together.

The aforesaid case having been duly considered, it is after mature deliberation resolved, inasmuch as the actual murderer can not be discovered, the defendants acknowledging only that they jointly committed the murder and that one is as guilty as another, to have them draw lots as to who shall be punished by hanging until death do ensue, praying Almighty God, creator of heaven and earth, to designate the culprit by lot.

The defendants having drawn lots in court, the lot, by the providence of God, fell upon Manuel of Gerrit de Reus, who shall be kept in prison until the next court day, when sentence shall be pronounced and he be executed.

On the 24th of January, being Thursday The governor and council, residing in New Netherland in the name of the High and Mighty Lords the States General of the United Netherlands, his highness of Orange and the honorable directors of the Chartered West India Company, having seen the criminal proceedings of Cornelio vander Hoykens, fiscal, against little Antonio, Paulo d’Angola, Gracia d’Angola, Jan of Fort Orange, Manuel of Gerrit de Reus, Antony the Portuguese, Manuel Minuit, Simon Conge and big Manuel, all Negroes and slaves of the aforesaid Company, in which criminal proceedings by the fiscal the said Negroes are charged with the murder of Jan Premero, also a slave, committed on the 6th of January 1641, which said defendants on Monday last, being the 21st of this month, without torture or irons, jointly acknowledged in court at Fort Amsterdam that they had committed the ugly deed against the slain Premero in the woods near their houses; therefore, wishing to provide herein and to do justice, as we do hereby, in accordance with the Holy Scriptures and secular ordinances, we have, after due deliberation and consideration of the matter, condemned the delinquents to draw lots which of them shall be hanged until death ensue. And after we had called upon God to designate the culprit by lot, finally, through the providence of God, the lot fell upon Manuel of Gerrit de Reus, who therefore is thereby debarred from any exceptions, pleas and defenses which in the aforesaid matter he might in any wise set up, inasmuch as the ugly murderous deed is committed against the highest majesty of God and His supreme rulers, whom he has deliberately robbed of their servant, whose blood calls for vengence before God; all of which can in no wise be tolerated or suffered in countries where it is customary to maintain justice and should be punished as an example to others; therefore, we have condemned, as we do hereby condemn, the afore­said Manuel of Gerrlt de Reus (inasmuch as he drew the lot) to be punished by hanging until death follows, as an example to all such malefactors.

Thus done and sentenced in our council and put into execution on the 24th of January of this year of our Lord and Savior Jesus Christ anno 1641.

On the 24th of January 1641 Manuel of Gerrit de Reus having been condemned to be executed with the rope so that death would follow, standing on the ladder, was pushed off by the executioner, being a Negro, having around his neck two good ropes, both of which broke, whereupon the inhabitants and bystanders called for mercy and very earnestly solicited the same.

We, therefore, having taken into consideration the request of the community, as also that the said Manuel had partly under­gone his sentence, have graciously granted him his life and pardoned him and all the other Negroes, on promise of good behavior and willing service. Thus done the day and year above written, in Fort Amsterdam in New Netherland.

* Also (and better) known as Collect Pond. Although the body of water itself has long since gone the way of urban infill, we touched on its interesting proximity to Gotham’s criminal history in a footnote to this post.

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Entry Filed under: 17th Century,Capital Punishment,Chosen by Lot,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Executions Survived,Hanged,History,Murder,Netherlands,New York,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Public Executions,Racial and Ethnic Minorities,Slaves,USA

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1736: Captain John Porteous, riotously lynched

Add comment September 7th, 2016 Headsman

Hated Edinburgh gendarme Captain John Porteous was lynched on this date in 1736.

September 7 was the date of Porteous’s own scheduled hanging, for triggering a mob scene at a previous execution we have already visited: Porteous, commanding the guard detail at that hanging, reacted insaley when

some unlucky boys threw a stone or two at the hangman, which is very common, on which the brutal Porteous (who it seems had ordered his party to load their guns with ball) let drive first himself amongst the inocent mob and commanded his men to folow his example which quickly cleansed the street but left three men, a boy and a woman dead upon the spot, besides several others wounded, some of whom are dead since. After this first fire he took it in his head when half up the Bow to order annother voly & kill’d a taylor in a window three storys high, a young gentleman & a son of Mr Matheson the minister’s and several more were dangerously wounded and all this from no more provocation than what I told you before, the throwing of a stone or two that hurt no body.

Nowadays Porteous might cite officer safety and be back on the job in a week’s time. Edinburghers in 1736 gave their law enforcement a bit less latitude, and the city magistrates were obliged to box Porteous up in the Tolbooth lest a baying mob “would have torn him, Council and Guard all in pices.”

Five months remained to Mr. Porteous, a span in which he must have died a thousand deaths as he watched fortune toss his prospects to and fro from within his dungeon. The temper of the city would admit no other result than his conviction and death sentence but officers of the law have strings to pull with the state their muskets uphold. With King George II out of hand,* Queen Caroline granted Porteous a reprieve (not yet an outright clemency) from an intended September 8 date with his own hangman. That intervention was soon overruled by a higher sovereign, for as the Newgate Calendar puts it, “when the populace were informed, such a scheme of revenge was meditated as is perhaps unprecedented.” This was no sudden spasm of public rage; five calculating days had elapsed from the arrival to Edinburgh of the queen’s mercy when

On the 7th of September, 1736, between nine and ten in the evening, a large body of men entered the city of Edinburgh, and seized the arms belonging to the guard; they then patrolled the streets, crying out, ‘All those who dare avenge innocent blood, let them come here.’ They then shut the gates and placed guards at each.


Illustration of the Porteous mob, from Sir Walter Scott’s Heart of Midlothian — which dramatizes the lynching.

The main body of the mob, all disguised, marched in the mean time to the prison; when finding some difficulty in breaking open the doors with hammers, they immediately set fire to it; taking great care that the flames should not spread beyond their proper bounds. The outer door was hardly consumed before they rushed in, and, ordering the keeper to open the door of the captain’s apartment, cried out, ‘Where is the villain, Porteous?’ He replied, ‘Here I am, what do you want with me?’ To which they answered, that they meant to hang him in the Grass Market, the place where he had shed so much innocent blood.

His expostulations were all in vain, they seized him by the legs and arms, and dragged him instantly to the place of execution.

On their arrival, they broke open a shop to find a rope suitable to their purpose, which they immediately fixed round his neck, then throwing the other end over a dyer’s pole, hoisted him up; when he, endeavouring to save himself, fixed his hands between the halter and his neck, which being observed by some of the mob, one of them struck him with an axe, which obliging him to quit his hold, they soon put an end to his life.

When they were satisfied he was dead they immediately dispersed to their several habitations, unmolested themselves, and without molesting anyone else.

Such was the fate of Captain John Porteous, a man possessed of qualifications which, had they been properly applied, might have rendered him an honourable and useful servant of his country. His undaunted spirit and invincible courage would have done honour to the greatest hero of antiquity. But being advanced to power, he became intoxicated with pride, and instead of being the admiration of his fellow citizens, he was detested and hated by all who knew him. The fate of this unhappy man, it is hoped, will he a caution to those who are in power not to abuse it; but, by a humane as well as diligent discharge of their duty, to render themselves worthy members of society.

Porteous did get a solemn memorial stone in Greyfriars Kirkyard once passions cooled … 237 years later.


(cc) image from Kio Stark.

* The Hanoverian king spent most of 1736 away taking a visit (quite unpopular with his English subjects) back to the family’s namesake German principality, which George II also ruled in a personal union.

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Entry Filed under: 18th Century,Arts and Literature,Borderline "Executions",Capital Punishment,Death Penalty,England,Execution,Hanged,History,Lynching,Murder,Pardons and Clemencies,Public Executions,Rioting,Scotland

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1778: Samuel Lyons and Samuel Ford, Fort Mifflin deserters

Add comment September 2nd, 2016 Headsman

In Philadelphia this date in 1778, “Lyons, Ford and Wilson, late Lieutenants, and John Lawrence, late gunner, in the navy of this State, were taken from the gaol to one of the gallies lying off Market Street wharf, where the two former were shot agreeable to their sentence, but the two latter reprieved.” (Pennsylvania Evening Post, September 2, 1778)

Samuel Lyons, Samuel Ford, John Wilson and John Lawrence all served on various of the American “row galley” fleet that gave the American revolutionaries at least some seaborne presence in their fight against the world’s preeminent naval power.

The four, executed and pardoned alike, had deserted the American garrison when that preeminent power put Fort Mifflin in the Delaware River under siege the previous autumn. (There’s a very detailed account of this operation here; the British eventually captured the fort from its badly outnumbered defenders.)

While desertion between the antagonists was a common phenomenon in the American Revolution, this made for an especially bad look a year later once the British abandoned Philadelphia to the aggressively triumphalist Patriots.

Even so, the last-minute clemencies alongside the actual shootings were also very much a part of the Continental Army’s delicate enforcement of discipline, in an environment where it feared that being either too lenient or too harsh could fatally undermine the tenuous morale of the rank and file. Every enforcement was considered in the light of its public impression.

“The number of spectators was very great,” our short report in the Evening Post concluded. “And it is hoped the melancholy scene will have a proper effect upon the profligate and thoughtless, who do not seriously consider that the crime of desertion is attended with the dreadful consequences of wilful perjury.”

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Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Desertion,England,Execution,History,Last Minute Reprieve,Military Crimes,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Pennsylvania,Public Executions,Shot,Soldiers,U.S. Military,USA,Wartime Executions

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