Posts filed under 'Pardons and Clemencies'
August 23rd, 2016
For this date’s post we welcome back to Executed Today the prolific pen of Alexandre Dumas, here working on the “fictional” side of his familiar historical fiction genre.
Dumas’s novel The Black Tulip (La Tulipe Noire) begins with the very real Aug. 20, 1672 lynching of Dutch statesmen Cornelis and Johann de Witt, and from that point unfolds the story of a fictional godson, Cornelius van Baerle — whose green thumb will nurture the titular flower along with a love for the jailer’s daughter Rosa. (To the very great wrath of van Baerle’s neighbor and murderous rival gardener, Isaac Boxtel.)
Dumas has already sown both seeds when he dates his narrative via van Baerle’s will, written when the fictional main character is in danger of succumbing to the same cataclysm that swallowed up his godfather: already smitten with Rosa, he purposes to bequeath her the bulbs, whose rare product will be worth a bounty.
On this day, the 23d of August, 1672, being on the point of rendering, although innocent, my soul to God on the scaffold, I bequeath to Rosa Gryphus the only worldly goods which remain to me of all that I have possessed in this world, the rest having been confiscated; I bequeath, I say, to Rosa Gryphus three bulbs, which I am convinced must produce, in the next May, the Grand Black Tulip for which a prize of a hundred thousand guilders has been offered by the Haarlem Society, requesting that she may be paid the same sum in my stead, as my sole heiress, under the only condition of her marrying a respectable young man of about my age, who loves her, and whom she loves, and of her giving the black tulip, which will constitute a new species, the name of Rosa Barlaensis, that is to say, hers and mine combined.
So may God grant me mercy, and to her health and long life!
Cornelius van Baerle.
And having done this, van Baerle is escorted directly to the scaffold, where we pick up Dumas’s narrative courtesy of Gutenberg.org:
Chapter 12: The Execution
Cornelius had not three hundred paces to walk outside the prison to reach the foot of the scaffold. At the bottom of the staircase, the dog quietly looked at him whilst he was passing; Cornelius even fancied he saw in the eyes of the monster a certain expression as it were of compassion.
The dog perhaps knew the condemned prisoners, and only bit those who left as free men.
The shorter the way from the door of the prison to the foot of the scaffold, the more fully, of course, it was crowded with curious people.
These were the same who, not satisfied with the blood which they had shed three days before, were now craving for a new victim.
And scarcely had Cornelius made his appearance than a fierce groan ran through the whole street, spreading all over the yard, and re-echoing from the streets which led to the scaffold, and which were likewise crowded with spectators.
The scaffold indeed looked like an islet at the confluence of several rivers.
In the midst of these threats, groans, and yells, Cornelius, very likely in order not to hear them, had buried himself in his own thoughts.
And what did he think of in his last melancholy journey?
Neither of his enemies, nor of his judges, nor of his executioners.
He thought of the beautiful tulips which he would see from heaven above, at Ceylon, or Bengal, or elsewhere, when he would be able to look with pity on this earth, where John and Cornelius de Witt had been murdered for having thought too much of politics, and where Cornelius van Baerle was about to be murdered for having thought too much of tulips.
“It is only one stroke of the axe,” said the philosopher to himself, “and my beautiful dream will begin to be realised.”
Only there was still a chance, just as it had happened before to M. de Chalais, to M. de Thou, and other slovenly executed people, that the headsman might inflict more than one stroke, that is to say, more than one martyrdom, on the poor tulip-fancier.
Yet, notwithstanding all this, Van Baerle mounted the scaffold not the less resolutely, proud of having been the friend of that illustrious John, and godson of that noble Cornelius de Witt, whom the ruffians, who were now crowding to witness his own doom, had torn to pieces and burnt three days before.
He knelt down, said his prayers, and observed, not without a feeling of sincere joy, that, laying his head on the block, and keeping his eyes open, he would be able to his last moment to see the grated window of the Buytenhof.
At length the fatal moment arrived, and Cornelius placed his chin on the cold damp block. But at this moment his eyes closed involuntarily, to receive more resolutely the terrible avalanche which was about to fall on his head, and to engulf his life.
A gleam like that of lightning passed across the scaffold: it was the executioner raising his sword.
Van Baerle bade farewell to the great black tulip, certain of awaking in another world full of light and glorious tints.
Three times he felt, with a shudder, the cold current of air from the knife near his neck, but what a surprise! he felt neither pain nor shock.
He saw no change in the colour of the sky, or of the world around him.
Then suddenly Van Baerle felt gentle hands raising him, and soon stood on his feet again, although trembling a little.
He looked around him. There was some one by his side, reading a large parchment, sealed with a huge seal of red wax.
And the same sun, yellow and pale, as it behooves a Dutch sun to be, was shining in the skies; and the same grated window looked down upon him from the Buytenhof; and the same rabble, no longer yelling, but completely thunderstruck, were staring at him from the streets below.
Van Baerle began to be sensible to what was going on around him.
His Highness, William, Prince of Orange, very likely afraid that Van Baerle’s blood would turn the scale of judgment against him, had compassionately taken into consideration his good character, and the apparent proofs of his innocence.
His Highness, accordingly, had granted him his life.
Cornelius at first hoped that the pardon would be complete, and that he would be restored to his full liberty and to his flower borders at Dort.
But Cornelius was mistaken. To use an expression of Madame de Sevigne, who wrote about the same time, “there was a postscript to the letter;” and the most important part of the letter was contained in the postscript.
In this postscript, William of Orange, Stadtholder of Holland, condemned Cornelius van Baerle to imprisonment for life. He was not sufficiently guilty to suffer death, but he was too much so to be set at liberty.
Cornelius heard this clause, but, the first feeling of vexation and disappointment over, he said to himself —
“Never mind, all this is not lost yet; there is some good in this perpetual imprisonment; Rosa will be there, and also my three bulbs of the black tulip are there.”
But Cornelius forgot that the Seven Provinces had seven prisons, one for each, and that the board of the prisoner is anywhere else less expensive than at the Hague, which is a capital.
His Highness, who, as it seems, did not possess the means to feed Van Baerle at the Hague, sent him to undergo his perpetual imprisonment at the fortress of Loewestein, very near Dort, but, alas! also very far from it; for Loewestein, as the geographers tell us, is situated at the point of the islet which is formed by the confluence of the Waal and the Meuse, opposite Gorcum.
Van Baerle was sufficiently versed in the history of his country to know that the celebrated Grotius was confined in that castle after the death of Barneveldt; and that the States, in their generosity to the illustrious publicist, jurist, historian, poet, and divine, had granted to him for his daily maintenance the sum of twenty-four stivers.
“I,” said Van Baerle to himself, “I am worth much less than Grotius. They will hardly give me twelve stivers, and I shall live miserably; but never mind, at all events I shall live.”
Then suddenly a terrible thought struck him.
“Ah!” he exclaimed, “how damp and misty that part of the country is, and the soil so bad for the tulips! And then Rosa will not be at Loewestein!”
Chapter 13: What was going on all this Time in the Mind of one of the Spectators
Whilst Cornelius was engaged with his own thoughts, a coach had driven up to the scaffold. This vehicle was for the prisoner. He was invited to enter it, and he obeyed.
His last look was towards the Buytenhof. He hoped to see at the window the face of Rosa, brightening up again.
But the coach was drawn by good horses, who soon carried Van Baerle away from among the shouts which the rabble roared in honour of the most magnanimous Stadtholder, mixing with it a spice of abuse against the brothers De Witt and the godson of Cornelius, who had just now been saved from death.
This reprieve suggested to the worthy spectators remarks such as the following:—
“It’s very fortunate that we used such speed in having justice done to that great villain John, and to that little rogue Cornelius, otherwise his Highness might have snatched them from us, just as he has done this fellow.”
Among all the spectators whom Van Baerle’s execution had attracted to the Buytenhof, and whom the sudden turn of affairs had disagreeably surprised, undoubtedly the one most disappointed was a certain respectably dressed burgher, who from early morning had made such a good use of his feet and elbows that he at last was separated from the scaffold only by the file of soldiers which surrounded it.
Many had shown themselves eager to see the perfidious blood of the guilty Cornelius flow, but not one had shown such a keen anxiety as the individual just alluded to.
The most furious had come to the Buytenhof at daybreak, to secure a better place; but he, outdoing even them, had passed the night at the threshold of the prison, from whence, as we have already said, he had advanced to the very foremost rank, unguibus et rostro — that is to say, coaxing some, and kicking the others.
And when the executioner had conducted the prisoner to the scaffold, the burgher, who had mounted on the stone of the pump the better to see and be seen, made to the executioner a sign which meant —
“It’s a bargain, isn’t it?”
The executioner answered by another sign, which was meant to say —
“Be quiet, it’s all right.”
This burgher was no other than Mynheer Isaac Boxtel, who since the arrest of Cornelius had come to the Hague to try if he could not get hold of the three bulbs of the black tulip.
Boxtel had at first tried to gain over Gryphus to his interest, but the jailer had not only the snarling fierceness, but likewise the fidelity, of a dog. He had therefore bristled up at Boxtel’s hatred, whom he had suspected to be a warm friend of the prisoner, making trifling inquiries to contrive with the more certainty some means of escape for him.
Thus to the very first proposals which Boxtel made to Gryphus to filch the bulbs which Cornelius van Baerle must be supposed to conceal, if not in his breast, at least in some corner of his cell, the surly jailer had only answered by kicking Mynheer Isaac out, and setting the dog at him.
The piece which the mastiff had torn from his hose did not discourage Boxtel. He came back to the charge, but this time Gryphus was in bed, feverish, and with a broken arm. He therefore was not able to admit the petitioner, who then addressed himself to Rosa, offering to buy her a head-dress of pure gold if she would get the bulbs for him. On this, the generous girl, although not yet knowing the value of the object of the robbery, which was to be so well remunerated, had directed the tempter to the executioner, as the heir of the prisoner.
In the meanwhile the sentence had been pronounced. Thus Isaac had no more time to bribe any one. He therefore clung to the idea which Rosa had suggested: he went to the executioner.
Isaac had not the least doubt that Cornelius would die with the bulbs on his heart.
But there were two things which Boxtel did not calculate upon:—
Rosa, that is to say, love;
William of Orange, that is to say, clemency.
But for Rosa and William, the calculations of the envious neighbour would have been correct.
But for William, Cornelius would have died.
But for Rosa, Cornelius would have died with his bulbs on his heart.
Mynheer Boxtel went to the headsman, to whom he gave himself out as a great friend of the condemned man; and from whom he bought all the clothes of the dead man that was to be, for one hundred guilders; rather an exorbitant sum, as he engaged to leave all the trinkets of gold and silver to the executioner.
But what was the sum of a hundred guilders to a man who was all but sure to buy with it the prize of the Haarlem Society?
It was money lent at a thousand per cent, which, as nobody will deny, was a very handsome investment.
The headsman, on the other hand, had scarcely anything to do to earn his hundred guilders. He needed only, as soon as the execution was over, to allow Mynheer Boxtel to ascend the scaffold with his servants, to remove the inanimate remains of his friend.
The thing was, moreover, quite customary among the “faithful brethren,” when one of their masters died a public death in the yard of the Buytenhof.
A fanatic like Cornelius might very easily have found another fanatic who would give a hundred guilders for his remains.
The executioner also readily acquiesced in the proposal, making only one condition — that of being paid in advance.
Boxtel, like the people who enter a show at a fair, might be disappointed, and refuse to pay on going out.
Boxtel paid in advance, and waited.
After this, the reader may imagine how excited Boxtel was; with what anxiety he watched the guards, the Recorder, and the executioner; and with what intense interest he surveyed the movements of Van Baerle. How would he place himself on the block? how would he fall? and would he not, in falling, crush those inestimable bulbs? had not he at least taken care to enclose them in a golden box — as gold is the hardest of all metals?
Every trifling delay irritated him. Why did that stupid executioner thus lose time in brandishing his sword over the head of Cornelius, instead of cutting that head off?
But when he saw the Recorder take the hand of the condemned, and raise him, whilst drawing forth the parchment from his pocket — when he heard the pardon of the Stadtholder publicly read out — then Boxtel was no more like a human being; the rage and malice of the tiger, of the hyena, and of the serpent glistened in his eyes, and vented itself in his yell and his movements. Had he been able to get at Van Baerle, he would have pounced upon him and strangled him.
And so, then, Cornelius was to live, and was to go with him to Loewestein, and thither to his prison he would take with him his bulbs; and perhaps he would even find a garden where the black tulip would flower for him.
Boxtel, quite overcome by his frenzy, fell from the stone upon some Orangemen, who, like him, were sorely vexed at the turn which affairs had taken. They, mistaking the frantic cries of Mynheer Isaac for demonstrations of joy, began to belabour him with kicks and cuffs, such as could not have been administered in better style by any prize-fighter on the other side of the Channel.
Blows were, however, nothing to him. He wanted to run after the coach which was carrying away Cornelius with his bulbs. But in his hurry he overlooked a paving-stone in his way, stumbled, lost his centre of gravity, rolled over to a distance of some yards, and only rose again, bruised and begrimed, after the whole rabble of the Hague, with their muddy feet, had passed over him.
One would think that this was enough for one day, but Mynheer Boxtel did not seem to think so, as, in addition to having his clothes torn, his back bruised, and his hands scratched, he inflicted upon himself the further punishment of tearing out his hair by handfuls, as an offering to that goddess of envy who, as mythology teaches us, wears a head-dress of serpents.
On this day..
Entry Filed under: 17th Century,Arts and Literature,Beheaded,Capital Punishment,Death Penalty,Execution,Fictional,Guest Writers,Last Minute Reprieve,Netherlands,Not Executed,Other Voices,Pardons and Clemencies,Public Executions,Treason,Wrongful Executions
Tags: 1670s, 1672, alexandre dumas, august 23, cornelis de witt, cornelius van baerle, hugo grotius, literature, loewestein castle, love, novels, the black tulip, the hague, tulips
August 19th, 2016
(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)
On this day in 1774, convicted robber Patrick Madan and two other men went to Tyburn to be hanged for their crimes. Madan, however, was reprieved at the literal last minute.
He was standing at the dread triple tree with the noose already around his neck, the final prayers over, when a man in the crowd, Amos Merritt, cried out that Madan was innocent.
Confounded, the authorities ordered a short stay. For almost an hour the condemned men stood at the gallows with the ropes draped over their necks. Finally Madan was returned to prison and the others were hanged.
When brought before the magistrate, Merritt claimed he himself was guilty of the robbery Madan was convicted of. Madan was pardoned and Merritt was charged with the crime instead.
As recorded in Emma Christopher’s A Merciless Place: The Fate of Britain’s Convicts after the American Revolution:
Quite what had happened remained a mystery. Many claimed that Amos Merritt, hardly the repentant suddenly feeling the weight of his conscience as another man stood ready to be hanged for his crime, was really one of Madan’s own criminal crew who had put his neck on the line for his gang leader. Others maintained that Merritt really was guilty and had been forced by the many underworld characters who admired Madan to come forward and save him.
The saga did not end there. As it turned out Amos Merritt would not be required to make the ultimate sacrifice on this occasion, as when the case was retried at the Old Bailey, Merritt was acquitted. By then it was impossible for any jury to know who to believe.
If Merritt learned a lesson from this escapade it seems to have been overconfidence in his ability to game the system. Within a month of his release he committed another robbery, and was hanged less than five months later.
As for Patrick Madan, Christopher says, he “returned triumphantly to his gang, now a criminal celebrity.” His brushes with the law continued; according to Atlantic Biographies: Individuals and Peoples in the Atlantic World, Madan was eventually transported to Africa and there disappeared, amid never-substantiated rumors that he had made an escape to the New World or slipped back to London.
There’s another public domain life-of-Madan pamphlet available free from Google Books here.
On this day..
Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,History,Last Minute Reprieve,Not Executed,Other Voices,Pardons and Clemencies,Public Executions,Theft
Tags: 1770s, 1774, amos merritt, august 19, patrick madan
July 29th, 2016
Supreme Court: WEDNESDAY, 29th JULY.
PRESENT, The Chief Justice, The Second and Third Justices.
The KING, against Sarah Hughson, the Daughter.
THIS Criminal Convict being set to the Bar, the Court demanded of her, What she had to say, why Execution of her former Sentence should not be awarded against her? She thereupon produced and pleaded His Majesty’s most gracious Pardon; and the same being read, was allow’d of.
-Daniel Horsmanden‘s The New York conspiracy: or A History of the Negro plot
On this date in 1741, Sarah Hughson finally bought her life.
Sarah was the daughter of John Hughson, the white supposed mastermind of the supposed slave plot to fire New York, and she had originally been condemned to death along with both her parents.
Her father and her mother (the mother’s name was also Sarah) hanged on June 12, but the girl, “this miserable Creature” in Horsmanden’s recollection, got a stay. “The Judges wished that she would have furnish’d them with some Colour or Pretence for recommending her as an Object of Mercy; but they waited for it hitherto in vain,” he complained. But still her short lease on life was extended by a week, “in Hopes, that after her Father and Mother had suffered, she might be molified to a Confession of her own Guilt, and raise some Merit by making a further Discovery; or at least, confirming what had hitherto been unfolded concerning this accursed Scheme.”
One week later, she was respited again: “a mere Act of Mercy; for she yet remained inflexible.” But mercy was not a predominant characteristic of Horsmanden’s court: it wanted Sarah Hughson’s evidence.
A single white accuser — the Hughsons’ servant Mary Burton — was the keystone to the entire succession of cases alleging a slave insurrection plotted at John Hughson’s tavern and (as prosecutions unfolded) elsewhere. It was Burton whose claims had hanged Sarah Hughson’s parents.
The court took evidence from slaves, a number of whom turned witness for the crown and bought their own lives by denouncing others. But the evidence of “pagan Negroes” was controversial in its own time, and for courts was officially second-class relative to what a white person said.
This was the racial privilege that Mary Burton wielded against luckless black men and women throughout the spring and summer of 1741.
But for Sarah Hughson, that privilege was worth her life. The court figured it could use the death sentence dangling over her to force her to join Mary Burton as a star white witness.
Curiously, Sarah took a belligerent attitude towards the court and the witness that had hanged her mother and father. We have only the faintest impression from Horsmanden’s journal of his battle of wills this young woman demanded, but she appears to have given her persecutors nothing for nearly a month and in so doing to have risked at least four hanging dates. The court in its “mercy” kept kicking the can down the road.
Was it grief or pride or bitterness that led the condemned orphan to risk following her mother and father to the scaffold? Was she calculating and cool enough to bargain with her life in the balance?
On July 5, Mary Burton’s accusations finally forced another white person, an Irish soldier named Kane, to turn crown’s evidence. This, perhaps, was finally it — for now Sarah Hughson’s currency was devalued, and Kane himself was accusing her an active participant in the plot. On July 8, Horsmanden records
THE Sentence of Sarah Hughson the Daughter, having been respited for upwards of three Weeks since the Execution of her Father and Mother, and she in that Time often importun’d to confess what she knew of the Conspi|racy, did always peremptorily deny she knew any Thing of the Matter, and made Use of many wicked Impreca|tions, in order to move Compassion in those that mov’d it to her, after the Manner of her Parents, whose constant Practice it was, whenever spoke to about the Plot: And this being the Day appointed for Sarah’s Execution, she was this Morning brought up to Mr. Pemberton, who came to pray by her, and after all his Admonitions, still denied her Guilt.
She had steel in her heart for sure. But July 8 was the day it finally cracked.
A condemned slave in the dungeon whose name was also Sarah reported that Sarah Hughson had blabbed the whole plot to her. The slave Sarah saved her own life with this revelation and finally forced Sarah into a terse and token confession of her own.
“This Confession was so scanty, and came from her after much Difficulty, with great Reluctance, that it gave little or no Satisfaction; and notwithstanding, (it was said, after she return’d to Jail) she retracted the little said, and denied she had any Knowledge of a Conspiracy,” Horsmanden wrote. “So that after all, the judges thought themselves under a Necessity, of Ordering her Execution, as the last Experiment, to bring her to a Disposition to unfold this Infernal Secret; at least, so much of it, as might be thought deserving a Recommendation of her, as an Object of Mercy.”
Throughout June, Sarah Hughson had survived hanging date after hanging date by refusing to confess. Now in July, she would navigate them by bartering her confession. “From her stubborn deportment, it must be owned, very small service was expected of her,” Horsmanden allowed. “For she discovered so irresolute untractable a temper, that it was to be expected she would recal again and again, as she had done already, what she seemed to deliver at times.”
Only a heartless observer could complain of Sarah’s shifting stories in these weeks, as she is repeatedly brought to the brink of death. Two days later, on the eve of her “last Experiment” hanging, Sarah confessed to Horsmanden; the next day, before the other judges of the court, she attempted to repudiate that confession until the judges “exhorted [her] to speak the Truth” whereupon she retracted the retraction. This bought her another week.
Finally, after two additional postponements, Sarah Hughson’s story and her part to play in this tragedy had been fixed: to accuse the man in the story’s last installment, a Catholic priest named John Ury.
Her evidence really ought to have been useless. In a footnote, Horsmanden concedes that “from the untoward behaviour of this wretch upon her examinations, the reader will be apt to conclude there could be little or no dependence on her veracity, or her evidence at best would deserve but very slender credit.” Ah, but the reader would be forgetting that Sarah was still white — and that her shifting narrative had now settled on the one favored by the court, “corroborated by many other witnesses to the same facts, and concurring circumstances attending them.”
Though he was no slave, John Ury was the man whose prosecution would finally conclude the slave-hunts. Bringing Sarah Hughson out of her long confinement into open court would help to cinch the case against him … while also relieving the city of its most frustrating prisoner without any appearance of wrongdoing. “If she could be affected with a Sense of Gratitude for saving her Life upon so small Merit, and kept to her History concerning John Ury then in Custody, and soon to be tried as an Accomplice in the Plot, and also as a Roman Catholick Priest, they thought she would be a very material Evidence against him; On these Considerations they thought fit this Day to recommend her to his Honour for a Pardon, as an Object of Mercy.” Win-win! (Except for Ury.)
And so on July 29, Sarah Hughson was finally pardoned at the bar of the court, first thing in the morning.
The second thing that morning was the amazing trial of John Ury, now with a new star witness.
But that is a story for a different post.
On this day..
Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,Last Minute Reprieve,New York,Not Executed,Pardons and Clemencies,Power,Public Executions,Treason,USA,Women
Tags: 1740s, 1741, daniel horsmanden, john hughson, john ury, new york city, new york conspiracy of 1741, racism, sarah hughson, slavery
June 9th, 2016
On this date in 1741, four black men were burned in New York City.
This is the third execution date in that year’s great suppression of a purported slave conspiracy, and it is here that its wantonly inquisitorial character clearly comes to the fore. Accusations under the gallows (or in this case, the pyres) topple like domino-tiles into fresh arrests and new accusations, until from a couple of luckless thieves there are 30-plus souls in the grave.
Eleven days prior, when two slaves named Cuffee and Quack had burned at the stake for this sensational plot, a sham offer of clemency had been extended them with the very fagots beneath their feet. Under this extortion the men had owned the plot, a confession the court privileged as the truth of dying men (for they were burnt anyway, despite their compliance), they duly named as co-conspirators several of those we find in the next tranch of slaves tried before the colony’s highest court.
(We must do Cuffee and Quack the justice of noting that by the time they burned, all those who were to be tried next were already in jail with them, arrested upon the information of another fellow-slave informing to save his own skin. Perhaps the men at the stake supposed their fellows already burnt flesh, and their own accusations strictly ornamental.)
By this point in events, the court was convinced past arguing that a white barkeep named Hughson (whose own Executed Today entry is fast approaching) had played host to large meetings of New York’s Negros, where they drank together and leered at the white servant and toasted one another’s plans to destroy the city. When slaves were wrung for information about the “plot” it was largely to name those who had participated in these supposed meetings. But since a master conspiracy against white New York was now presumed — its alleged leaders had been the first to die — little was required to damn a man but to place him at one of these slaves’ sabbaths. Trials could now become quite perfunctory on any one person’s actual role or misdeeds: just tie him to the satanic cabal.
Even the crown’s own opening statement to the court on June 8 basically promised to mail it in.
It will, I doubt not, appear to you, upon hearing our Witnesses for the King on this Trial, that these six Negroes are some of the Conspirators who combined with those principal Incendiaries, Hughson and his Family, to set on fire the King’s House, and this whole Town, and to kill and murder the Inhabitants.
But as I have already, upon the Trial of the Negro Quack, for burning the King’s House, and of another Negro called Cuffee, for burning Mr. Philipse’s Storehouse, and likewise on the last Trial of Hughson, his Wife and Daughter, and Kerry, endeavoured to set forth their Heinousness of so horrible and detestable a Conspiracy; and the Dangers this City and Province may still be exposed to, until Examples are made of all such as have been concerned in this most wicked Plot; I think I have no Need upon this Trial, to say any Thing further on either of these Heads; not doubting but when you have heard the Crimes which these Criminals stand charged with, proved against them, you will find them Guilty.
The six in question were appended to the horrible and detestable Conspiracy as bullet points in depositions full of denunciations: namely, by the white servant Mary Burton, who was the Abigail Williams character of this particular witch hunt; by Cuffee’s and Quack’s tricked confession at the stake; and by three other slaves — Sandy, Sarah,* and Fortune — who had all been arrested themselves and gave their evidence under the pall of their own probable execution for any failure in cooperation.**
The court would surely reply here that such a society can rarely be penetrated but by dirty hands and compromised witnesses.** Seen in such a light, the roles imputed to these six would have been terrifying.
Jack was a “captain” in the cell and resolved “his Knife was so sharp, that if it came a-cross a white Man’s Head, it would cut it off” (according to Sandy); he with Cook “used to be at the Meetings at Hughson’s, when they were talking of firing the Town and murdering the People” (Mary Burton)
Cuffee and Caesar “fired Van Zant’s Storehouse” (according to the dying confessions of both Quack and the previous Cuffee) with Caesar declaring for good measure that “he would kill the white Men, and drink their Blood to their good Healths: This about a Fortnight or Three Weeks before the Fort burnt.” (Sandy)
Robin “had a Knife there, and sharpened it; and consented to help kill the white Men, and take their Wives.” (Sandy)
Jamaica “(being a Fidler) said, he would dance over [white New Yorkers] while they were roasting in the Flames; and said, he had been Slave long enough.” (Mary Burton)
There is at times a suspicious confluence of language — and a repeated fixation on black men seizing white women — that suggest the interrogator’s influence. Nevertheless, depositions overlapping on a number of key points have persuaded not only the slaves’ jurors but some of their latter-day interlocutors that they truly were party to a most audacious design. Every one of them was condemned to death. Jamaica, the fiddler, received the liberality of a three-day wait; the other five were all to burn the very next afternoon — June 9, 1741.
Their actual execution is a one-sentence afterthought in a record already by the morrow speeding along to the next proceedings: “This Day also, The Negroes Cook, Robin (Chamber’s) Caesar (Peck’s) Cuffee (Gomez’s) were executed according to Sentence.” The reader will notice that where five were doomed, only four have died. The fifth, Jack — that fell captain whetting his sharp blade for white throats — was busy that morning saving his own neck by supplying evidence for the crown, straight from the center of the plot. So Jack instead remained in the courtroom, detailing for his prosecutors (soon to be his pardoners) a fresh roster of prey, even as his comrades were wrenched from the courthouse’s basement jail and set alight in downtown Manhattan.
* Our very partial compiler Daniel Horsmanden admits that this witness “was one of the oddest Animals amongst the black Confederates, and gave the most Trouble in her Examinations; a Creature of an outragious Spirit: When she was first interrogated upon this Examination about the Conspiracy, she absolutely denied she knew any Thing of the Matter … her Conduct was such upon the Whole, that what she said, if not confirmed by others, or concurring Circumstances, could not deserve entire Credit.”
** In fact, the court did make this argument (“if Pagan Negroes could not be received as Witnesses against each other … [then] the greatest Villanies would often pass with Impunity”), for it was also defending itself as early as July of 1741 against contemporary whites who doubted that any actual terrorist conspiracy existed among the slaves. The anonymous New England critic whose letter surviving to us compares New York in 1741 to Salem in 1692 noticed “that such Confessions unless some certain Overt Act appears to confirm the same are not worth a Straw; for many times they are obtained by foul means, by force or torment, by Surprise, by flattery, by Distraction, by Discontent with their circumstances, through envy that they may bring others into the same condemnation, or in hopes of a longer time to live, or to die an easier death.” This was a soul ahead of its time.
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Entry Filed under: 18th Century,Arson,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,History,New York,Not Executed,Pardons and Clemencies,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,USA
Tags: 1740s, 1741, june 9, new york city, new york conspiracy of 1741, slavery
May 3rd, 2016
(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)
On this date in 1867, Modiste Villebrun was hanged in Sorel, Quebec, in what would be the last execution before Canada became its own country. His partner in crime, Sophie Boisclair, might very well have been executed alongside him had she not been pregnant.
Villebrun, a lumberjack from St. Zephirin, was having an affair with Boisclair and they wanted to get married. They had two slight problems to deal with, in the form of their respective spouses. In those times, divorce was unthinkable. Murder, apparently, was not.
Jeffrey E. Pfeifer details their crimes in his book Death By Rope: An Anthology of Canadian Executions:
The first victim was Villebrun’s wife, and their plan seemed to work well. No one suspected foul play when the previously healthy woman died, or at least no one could prove anything. Braced by their success, the lovers soon turned their attention to Boisclair’s husband, Francois-Xavier Jutras. Boisclair suggested to her husband that they should allow Villebrun to move in with them since the death of his wife had left him all alone. Jutras agreed to his wife’s request and almost immediately Boisclair began to lace his food with her “special” ingredient. It was not long before the strychnine took effect and Jutras was dead.
Unfortunately for the two lovers, a suspicious doctor demanded an autopsy, which revealed the dead man’s body was saturated with poison. Villebrun and Boisclair soon found themselves arrested.
They were tried separately and both were convicted in short order and sentenced to death. When asked, at sentencing, whether she had anything to say, Boisclair announced she was expecting a baby. She got a temporary reprieve until delivery, and got the opportunity to watch Villebrun’s execution from the window in her cell.
Ten thousand people attended his hanging.
Seven months later, Boisclair gave birth to his child, and her sentence was commuted to life imprisonment.
“Boisclair ended up serving 20 years in the penitentiary,” records Pfeifer, “before being released, a broken woman.”
On this day..
Entry Filed under: 19th Century,Canada,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Milestones,Murder,Not Executed,Other Voices,Pardons and Clemencies,Public Executions,Quebec
Tags: 1860s, 1867, adultery, love triangle, may 3, modiste villebrun, poison, sophie boisclair, sorel, strychnine
December 26th, 2015
Confederate agent James Morgan Utz had a blue Christmas indeed in 1864, awaiting his December 26 execution for espionage.
The Missourian had been captured traveling with a small band out of St. Louis disguised in Union uniforms and carrying supplies and ciphered messages for the invading Confederate army of General (and former governor) Sterling Price.
The federals handled Utz as a spy and a military court sentenced him to hang — a sentence that had already been carried out by the time President Lincoln’s grant of executed clemency arrived.
Tuesday morning last I was horrified at the announcement by a friend that Jas. Utz, Paul’s companion and leader in their attempt to go South, had been executed, being hung on Monday, the day after Christmas, in the jail yard.
It plunged me in a stupor or excitement from which my mind was not free for the entire day. The sentence barely issued and the punishment instantly carried out! The hurry, the suddenness was most revolting. No time given for taking leave of family, friends! No time for appealing for mercy or for a reprieve. No time allowed for composing himself for death!
-Diary of a family member of Paul Fusz, one of Utz’s secret party. (Fusz, only 17 when captured, was pardoned after serving six months at hard labor.)
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Entry Filed under: 19th Century,Capital Punishment,Confederates,Death Penalty,Espionage,Execution,Hanged,History,Last Minute Reprieve,Missouri,Pardons and Clemencies,Reprieved Too Late,Soldiers,Spies,USA,Wartime Executions
Tags: 1860s, 1864, american civil war, civil war, december 26, james utz, st. louis, u.s. civil war
December 11th, 2015
The New York Evening Post published this item excerpted from the Philadelphia Democratic Press on Thursday, December 17, 1812.
On Friday, a large concourse of people assembled at Fort Mifflin, to witness the execution of John Rickey and Benjamin Jackson, soldiers of the 16th Regt. U.S. Infantry, sentenced to be shot for desertion, the former having deserted three times, the latter once.
They were conducted to the fatal spot at 1 o’clock, attended by about 600 soldiers of the 2d Artillery and 16th infantry. Rickey’s sentence having been carried into effect, Jackson was pardoned by the commanding officer.
We trust the execution of Rickey, and the exercise of mercy to Jackson, will operate as a warning to the deserters in and about this city. It is stated upon good authority, that every reasonable indulgence will be extended to such deserters as may deliver themselves up voluntarily, but those who are taken cannot expect to be shielded from the penalty of the law.
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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Desertion,Execution,Last Minute Reprieve,Military Crimes,Not Executed,Pardons and Clemencies,Pennsylvania,Public Executions,Shot,Soldiers,U.S. Military,USA,Wartime Executions
Tags: 1810s, 1812, benjamin jackson, december 11, fort mifflin, john rickey, philadelphia, war of 1812
December 10th, 2015
This day in 1919 was the closest Joseph Cohen came to the electric chair in Sing Sing. His walk may have been 7 minutes, or possibly 11 minutes, away, but Cohen was not to die this day at the hands of the State of New York, nor at the hands of any state on any day. Instead, he would be gunned down 13 years later as a free man.
Cohen was a wealthy, influential poultry merchant in New York City, and he had a bone to pick with fellow poultryman Barnet Baff, also known as the “Poultry King”. Baff had repeatedly rebuffed other poultry merchants in their efforts to fix prices and charge an exorbitant per-truck fee for poultry handling. That was probably because Baff was making this kind of bonus cash by feeding starving chickens sand and gravel immediately before slaughter. His shady practice was great for sale and terrible for resale.
This did him no favors among other poulters of the city.
By 1913, Baff had become the target of the collective ire of several people in the poultry industry, including Cohen, Ippolito Greco, Tony Zaffarano, and Antonio Cardinale — and possibly still more rivals in the New York Live Poultry Dealers’ Association. That year, a cadre of poultry merchants took up a collection to either frighten or kill Baff.*
Initially, a bomb was placed at his home, allegedly only to “frighten” him. In August of the following year, with Baff insufficiently frightened, the group actively sought to kill their target. At least one attempt was foiled, but on November 24, Baff was gunned down at the West Washington Market in Harlem.**
(c.f. this book for information.)
The murder nearly ended in a trio of executions and several long prison sentences. Instead, it cost just two men modest prison terms and uncovered the sordid underbelly of New York poultry sales.
Details about what actually happened are muddled significantly by various parties coaching witnesses in testimony.† As the story unfolded in the press, several investigators were accused of trying to push blame from Italians to Jews. Ultimately, the New York Attorney General managed to build up a case against several major players in the New York poultry scene and the then-lightweight New York mob scene.
The first break came in 1916 when Carmine diPaolo was arrested for an assault in the Bronx. He mentioned to police that he had been approached by Greco about carrying out the murder, but had backed out before it could be finished. DiPaolo then saw Giuseppe Archiello get paid by Greco after the killing. Archiello’s interrogation implicated Frank Ferrara, Cardinale, Zaffarano, Greco, and Greco’s brother, but it did not point to a source of the estimated $4,500 that was dispersed among the participants in the murder. Archiello was tagged as one of the gunmen and sentenced to death.
Ferrara was next on the docket, charged with driving the getaway car for the two killers. This was when Gaetano Reina was fingered as the other gunman. Ferrara’s story changed repeatedly and significantly, though, and he later insisted that Reina’s name had been fed to him. Ferrara’s conviction led to a death sentence that the state hoped to use to get Ferrara to name names at the top of the food chain.
The breakthrough witness was Cardinale, who had joined the Italian Army during World War I but was involved in the plots against Baff from the start. He was taken to New York by way of a somewhat shaky international agreement that circumvented the American/Italian extradition treaty, and his lawyer — not coincidentally the same as the lawyer for Ferrara and Archiello — convinced him to give up the big names: Joseph D. Cohen, brother of Chief Chicken Inspector Harry Cohen (aka “Kid Griffo”); his brother Jacob Cohen; Moses “Chicken Moe” Rosenstein; David Jacobs; William Simon; and Abe Graff. (Cardinale smartly moved back to Italy after giving testimony.)
Ferrara also decided to “come clean”, telling investigators that Ignazio “Jack” Dragna and Ben “Tita” Rizzotta were in his getaway vehicle. He also noted that he had left this duo out of his original story for fear of reprisal, going with the state-fed names of the gunmen instead.
The six conspirators were brought into court, with the court leaning on testimony of Cardinale, Ferrara, and Joseph Sorro, whom Cardinale said was also involved in several attempts to intimidate Baff. Simon’s indictment was thrown out, while Jacob Cohen and Jacobs were acquitted. Rosenstein pled guilty and helped New York gain a death sentence for Cohen and 10-20 years for Graff.
The convicted Cohen went after the state repeatedly, pointing out the massive inconsistencies in the witness testimony that led to his indictment and conviction. Indeed, Cardinale — who dragged Cohen into this in the first place — claimed two gunmen, neither of whom was currently in Sing Sing. Sorro, meanwhile, was brought up on multiple perjury charges.
Cohen’s execution was postponed seven times, then commuted to life in prison on February 4, 1920, by Governor Al Smith. Cohen was released on November 24, 1921. Officially, he could have been retried, but the state refused.
Archiello’s lawyer‡ insisted that, thanks to Sorro’s perjury, it was no longer clear that Archiello was a gunman. The court agreed to a second trial, and Archiello — who had significant connections in the Harlem mob — pled guilty to manslaughter, receiving a suspended sentence instead of death.
Meawhile, Dragna, Rizzotta, and Reina all walked. Dragna moved to Los Angeles and headed the Los Angeles crime family until the 1950s; he may have had a hand in former leader Joseph Ardizzone’s disappearance. Reina became kingpin of the Lucchese crime family in Brooklyn, and got killed by Lucky Luciano.
The Baff murder was atypical in the mob world, in that it featured Italian families doing their dirty work in the traditionally non-Italian field of poultry. The unusual arrangement made the murder an awkward affair that uncomfortably exposed a lot of powerful people. Organized crime was significantly more, well, organized by the time that Prohibition rolled around, and future gangland business murders were handled with a more diligent eye toward shielding bankrollers from blame.
Cohen and Jacob opened up a tailor shop in Manhattan, which put them right in the Italian mafia’s business wheelhouse. He and brother Barney were both shot to death in 1932, and their killers have never been identified.
* In an unusual twist to this already twisted case, Baff may have even partially paid for his own murder.
** Baff was killed just weeks after 18 members of Cohen’s Live Poultry Dealers’ Protective Association were indicted on fraud and racketeering charges.
† The state even employed one Philip Musica, a sort of proto-Barry Minkow with his own zany criminal story. His first foray into business was attempting to sell $250 of human hair to the tune of some $370,000. It’s not clear what the link between “Step 1: Get Hair” and “Step 3: Profit” was, but his misrepresentation of the goods was enough to earn him a federal sentence. Musica spent little time in prison, turning instead into a paid investigator in New York State’s employ during the Baff affair.
He jumped straight to Step 3 for his services and retired around 1916. Musica changed his name to Frank Donald Coster and in 1920 started Girard & Co. — a hair tonic company that was likely a front for a bootlegging operation. Right around the time the old Musica was indicted for perjury in the Baff case, F. Donald Coster bought the pharmaceutical company McKesson & Robbins. Musica expanded its drug enterprise but also did side business of building up paper assets and phantom sales to bolster the company’s apparent value by about $18m. It came crashing down when the company’s treasurer tried to find out why McKesson & Robbins didn’t insure their drug warehouse (turns out “it doesn’t exist” isn’t a good reason to give your accountant).
Musica committed suicide in 1938 as federal agents closed in, and the episode spawned new accounting regulations. McKesson is now the 14th-largest business in the U.S.
‡ The lawyer for Archiello and Cardinale, Walter Rogers Deuel, was brought up by the New York State Bar Association for suborning perjury, but he continued to practice law. And Deputy Attorney General Alfred Becker, who, according to one article, “was conspicuous during the war for uncovering German and Red plots,” was also accused of misconduct, though nothing appears to have come of that charge.
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Entry Filed under: 20th Century,Businessmen,Capital Punishment,Common Criminals,Crime,Death Penalty,Electrocuted,History,Last Minute Reprieve,Murder,New York,Not Executed,Organized Crime,Pardons and Clemencies,Pelf,USA
Tags: 1910s, 1919, joseph cohen
December 6th, 2015
Today is the feast day of Santa Claus himself, St. Nicholas.
Nicholas was a real-life bishop in fourth century Asia Minor. He’s among the prelates to sign off on the Nicene Creed, Christianity’s official profession of orthodox doctrine hammered out at the emperor Constantine’s epochal Council of Nicaea.
Living as he did amid the triumph of his once-persecuted faith, Saint Nick was not called upon to offer God his own martyrdom. Our death penalty context comes from one of the stories in his hagiography — that on one occasion, returning to the seat of his diocese at Myra, Nicholas discovered that three innocent men had been condemned to imminent execution by a wicked magistrate. Hastening to the scene, he dramatically averted their beheading by seizing the executioner’s sword.
The great Russian artist Ilya Repin depicted the scene.
St. Nicholas Saves Three Innocents from Death, by Ilya Repin (1888).
Repin did not love this painting — he slinked out of its 1889 exhibition, allegedly dissatisfied with its ridigity and melodrama* — but it did express the liberal-minded artist’s distaste for capital punishment. The era we now know to be the late tsarist period in Russia saw violent (and sometimes indiscriminate) crackdowns on revolutionary terrorism following the 1881 assassination of Tsar Alexander II, to the great grief of her dissident intelligentsia. Philosopher Vladimir Solovyov called the death penalty “absolute murder”; with a like attitude, tsarist Russia’s “liberal politicians, academics and journalists repeatedly campaigned against this form of punishment.” (Source)
Around the time that Repin depicted St. Nicholas’s great act of clemency, Leo Tolstoy — who abhorred capital punishment — wrote of his youthful experience witnessing the guillotine in action in Paris, “at the moment the head and body separated and fell into the box I gasped, and realized not with my mind nor with my heart but with my whole being, that all the arguments in defence of capital punishment are wicked nonsense … [that] murder remains murder, and that this crime had been committed before my eyes.”**
Repin was forever being read and misread by the ideologues afoot in Russia, but this Tolstoyan horror at the scaffold he shared unambiguously. In a later era, by which time Repin was the established senior figure of the Russian art scene, the painter was exercised enough by Stolypin‘s wholesale use of capital punishment following Russia’s abortive 1905 revolution to issue a public denunciation of executions. But it was only ever by the hand of St. Nicholas that he had the experience of preventing one.
* See David Jackson, “The ‘Golgotha’ of Ilya Repin in Context”, Record of the Art Museum, Princeton University, Vol. 50, No. 1 (1991).
** Repin also painted Tolstoy in 1887.
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Entry Filed under: Ancient,Arts and Literature,Capital Punishment,Death Penalty,Execution,History,Known But To God,Last Minute Reprieve,Myths,Not Executed,Pardons and Clemencies,Public Executions,Roman Empire,Russia,Turkey,Uncertain Dates,Wrongful Executions
Tags: art, december 6, ilya repin, leo tolstoy, myra, st. nicholas
September 11th, 2015
John Meff hanged at Tyburn on this date in 1721 for returning from convict transportation.
If we are to credit the autobiographical account that Meff furnished the Ordinary of Newgate prior to his hanging, it was the last act in an adventuresome life. )Here’s the Ordinary’s account of the execution of Meff with three other men; here’s the Newgate Calendar entry based upon it, and which provides the quotes ensuing in this post.)
“I was born in London of French parents,” Meff begins — Huguenots who had fled Catholic harassment.
Huguenot refugees formed an important part of London’s Spitalfields weavers, and Meff apprenticed in this business until he could hang out his own shingle. But finding business too slow to support his family, he took to a bit of supplementary thieving.
Meff says that he had already once been condemned to death for housebreaking “but, as I was going to the place of execution, the hangman was arrested, and I was brought back to Newgate.”
Certainly the era’s executioners had frequent criminal escapades, but I have not found this remarkable Tyburn interruptus related in any press accounts in the 1710s. It’s possible that Meff is embellishing on the 1718 downfall and execution of hangman John Price — though Price was seized red-handed and not detained in the exercise of his office. This inconsistency has not prevented creation of a wonderful illustration, The Hangman Arrested When Attending John Meff to Tyburn, from this volume.
At any rate, Meff’s sentence was moderated to transportation to the New World, and he says that he “took up a solemn resolution to lead an honest and regular course of life … But this resolution continued but a short time after the fear of death vanished.”
Here Meff’s story really gets colorful — whether to the credit of the unsettled Atlantic economy or to the teller’s gift for embroidery we cannot say.
The ship which carried me and the other convicts was taken by the pirates. They would have persuaded me and some others to sign a paper, in order to become pirates; but we refusing, they put me and eight more ashore on a desert uninhabited land, where we must have perished with hunger, if by good fortune an Indian canoe had not arrived there. We waited till the Indians had gone up the island, and then, getting into the vessel, we sailed from one small island to another, till we reached the coast of America.
Not choosing to settle in any of the plantations there, but preferring the life of a sailor, I shipped myself on board a vessel that carried merchandise from Virginia and South Carolina to Barbadoes, Jamaica, and other of his majesty’s islands. And thus I lived a considerable time; but at last, being over-desirous to see how my wife and children fared inEngland, I was resolved to return at all adventures.
Once back, Meff says, he “quickly fell into my former wicked practices” — as if by gravity, no further explanation ventured. It’s hard not to suspect that he simply managed to escape his American indenture to continue a career in larceny, absent the whole marooned-by-pirates subplot. Men were known to tell tall tales to the Ordinary — who, after all, had their own story to sell the public through the deaths of their charges.
“The narrow escape he had experienced from the gallows ought to have taught him more wisdom than to have returned from transporation before the expiration of his time; but one would think there is a fatality attending the conduct of some men, who seem resolutely bent on their own destruction,” the Newgate Calendar’s entry concludes.
“One truth, however, is certain. It is easy, by a steady adherence to the rules of virtue, to shun that ignominious fate which is the consequence of a breach of the laws of God and our country.”
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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
Tags: 1720s, 1721, convict transportation, john meff, john price, london, september 11, Tyburn