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1859: Oscar Jackson lynched, precipitating the Wright County War

1 comment April 25th, 2017 Meaghan

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

The story of what would become known as the Wright County War began on September 21, 1858, when Henry A. Wallace was found lying dead in a clump of willows on his own farm, his head bashed in. He had last been seen alive on August 27, twenty-five days earlier.

Wallace’s employee, Oscar F. Jackson, was the prime suspect in his murder. Jackson had agreed to help Wallace reap his hay crop in exchange for a portion of the harvest, and on August 27 the two men had been seen working together in the fields near where Wallace’s body was later found.

Jackson showed a curious lack of concern about his boss’s disappearance. He never even bothered to tell the authorities he was missing, and when neighbors noted that Wallace hadn’t been seen in weeks and decided to launch a search, Jackson declined to join in. An impoverished sharecropper, Jackson also seemed to have become suddenly flush with cash — an oddity because like most of the residents of Wright County, Jackson was poor, still struggling to recover from the Panic of 1857. Wallace was comparatively well-off.

A grand jury indicted Jackson for his employer’s murder, but the case against him was incredibly feeble. At the trial, Jackson’s attorneys pointed out that no one had seen the murder or could even determine the day it took place, and suggested any number of people could have visited Wallace and killed him at any time during that three-and-a-half-week period that he was missing.

The jury quite rightly gave Jackson the benefit of doubt and acquitted him on April 3, 1859, after eighteen hours of deliberation.

That night, a lynch party of fifteen men chased him into the woods. Fearing for his life, Jackson fled to St. Paul.

The local citizenry — among them Henry Wallace’s brother, Hiram — were not prepared to let the matter rest. And, horrifyingly, neither was the Wright County Sheriff, George M. Bertram,* or the justice of the peace, Cyrus Chase Jenks.

Five days after Jackson’s acquittal, the three men went to find the presumed murderer in Hennepin County. There, Hiram Wallace swore out a complaint against Jackson accusing him of theft, and Jenks issued a warrant for his arrest. Never mind that Jenks did not have jurisdiction outside of Wright County: Sheriff Bertram delivered the warrant to Alfred Brackett, the deputy sheriff of Hennepin County, and asked him to serve it.

Walter N. Trenery wrote in his 1962 book, Murder in Minnesota,

Brackett found Jackson in St. Paul’s Apollo Saloon the next day. Handcuffing his prisoner, the deputy set out with him for St. Anthony by buggy. Jackson pleaded for time to call his attorney, but at first Brackett would not allow it. On the ride Jackson insisted that his arrest was based on a false charge, the purpose of which was to get him back to Rockford [in Wright County] where he would be murdered… Brackett reconsidered. When the two men reached St. Anthony, he sent word to Jackson’s counsel and persuaded the Wright County sheriff to spend the night in town before starting back to Rockford.

The implacable Sheriff Bertram

Jackson’s lawyer hastily drew up a writ of habeas corpus and before the day was out he’d served it to Sheriff Bertram. The Hon. Isaac Atwater, a Minnesota Supreme Court justice, ordered Jackson’s release on April 11. He was immediately re-arrested, however, as by then Jenks and Bertram had realized their error, gone back to Wright County and drawn up a second warrant. Jackson’s attorney responded with a second writ of habeas corpus, and on April 13, the man was ordered released again.

His friends had pooled their money and come up with enough for him to leave Minnesota forever, but for some reason Jackson returned to Rockford instead of skipping town. The residents of Wright County still wanted to lynch him, and to that end a neighbor swore out yet another phony complaint against him and yet another justice of the peace issued yet another warrant for his arrest.

A mob virtually tore Jackson’s cabin and its contents to pieces and set several fires. They surrounded the home of Jackson’s father-in-law, George Holdship, where the fugitive was reported to be hiding, and set more fires.

On April 24, Sheriff Bertram arrived at Holdship’s residence, and after he swore Jackson would not be harmed, arrested Jackson and took him away.

According to John D. Bessler’s book Legacy Of Violence: Lynch Mobs And Executions In Minnesota,

Less than half a mile from the house an armed mob overtook Sheriff Bertram’s procession. The sheriff relinquished power without resistance and rode off with the deputies, failing to even report the incident. After taunting Jackson throughout the night, the mob strung him up, even as his wife arrived to plead for mercy. Her pleas ignored, she was sent away distraught and empty-handed. The bloodthirsty mob hauled Jackson up and down times, failing to get Jackson to confess but successfully mangling his neck. Only when Jackson was hoisted up for a third time, at 2:00 P.M. on April 25, did his neck break. Jackson’s body was left dangling from a beam that protruded from Wallace’s cabin.

A coroner’s jury was called on the same day Jackson died and decided he had met with his death at the hands of some person or persons unknown. “The jury was not likely,” Trenery noted dryly, “to accuse its own members.”

But the story didn’t end there.

At the time of Oscar Jackson’s lynching, Minnesota had been a state for less than a year; it was admitted to the Union on May 11, 1858. Their first state governor, Henry Hastings Sibley, was anxious to maintain the rule of law, which had been besmirched by the Jackson outrage. One newspaper said, a tad melodramatically, “Wright County will be painted black upon the map of Minnesota — a patch of loathsome leprosy upon the fair surface of the land.”

Sibley offered a $500 reward for the arrest and conviction of anyone concerned with the lynching. It went unclaimed and the lynching started to slip away into obscurity, until July, when Oscar Jackson’s wife spotted Emery W. Moore (called “Emory” or “Aymer” in some accounts) at a gathering in Minnehaha Falls. Moore had been a member of the lynch mob, and it was his warrant that lead to Jackson’s arrest at his father-in-law’s house.

Mrs. Jackson alerted St. Paul’s chief of police, who arrested Moore for murder, and he was sent to Rockford to stand trial.

What followed, as Trenery describes it, was something of a solemn farce:

To prevent further collusion among local officials, the governor directed Charles H. Berry, the state’s attorney general, to conduct the prosecution in person. Berry opened the preliminary examination in Monticello on July 31, 1859, with an angry mob swarming about the building, shouting and threatening the agents of law enforcement. Mrs. Jackson, testifying for the prosecution, clearly and unequivocally named the leaders of the lynch mob and described the circumstances under which her husband had died. When the Wright County sheriff took the stand to explain how the mob had overwhelmed him and took Jackson from his custody, the attorney general found the sheriff’s explanation so unsatisfactory that he ordered Bertram arrested and held as an accomplice in the lynching. Berry then discovered that certain prosecution witnesses had mysteriously disappeared before they could testify, and he was forced to adjourn the hearing before it had been in session a full day.

To add insult to injury, that evening the vigilantes descended on the place where Emery Moore was confined, set him free, and melted into the darkness.

Berry returned to St. Paul and reported all this to the governor.

Fed up, Sibley declared Wright County to be “in a state of insurrection” and sent in the state militia to put a stop to mob justice and force the county officials to do their damn jobs. Three units — the Pioneer Guards, the St. Paul City Guards and the Stillwater Guards — marched in, aided by 35 special policemen.

The results were mixed. At first the militia was unable to find any members of the lynch mob, the locals just shrugged their shoulders when asked where they had gone, and the sheriff and other officials refused outright to cooperate. Only when they found out Governor Sibley was on his way over to personally take charge did the county officials “find” and arrest three suspected lynchers: Emery Moore, Hiram S. Angell, and J.E. Jenks.**

Satisfied, the governor sent the state militia home. The three-day occupation was later facetiously dubbed the Wright County War. It was a bloodless war.

The arrested men were almost immediately set free on a $500 bail, and in October, a grand jury refused to indict them. In the end, no one at all was punished for Oscar Jackson’s death, and Henry Wallace’s murder was never officially solved.

Charles Bryant groused in his History of the Upper Mississippi Valley,

And so the drama ended; the curtain fell; and the so-called “Wright county war” was a thing of the past. Its effects, however, long remained in the enormous expense incurred, which, with other criminal cases of less magnitude, created an indebtedness almost resulting in bankruptcy, and depreciating county orders to less than thirty-five cents on the dollar.

Of the principals involved in this story:

  • Sheriff Bertram left office in 1860 and was succeeded by W. Smith Brookins.
  • Cyrus Jenks died in Meeker City, Minnesota in 1897. He was almost 90 years old.
  • Governor Sibley stayed in office until 1860, and did not seek reelection. In 1862, he was appointed colonel of the Minnesota Militia and led them against the Native Americans in the Dakota War.
  • Charles Berry was later appointed as a judge in the Idaho Territory. He died in 1900.
  • Alfred Brackett fought in the Civil War, leading what would become Brackett’s Battallion, which served longer than any other Minnesota unit. The unit fought against the Confederates between 1861 and 1864, then became part of the Northwestern Indian Expedition in the Dakota Territory.
  • Hiram Angell also fought in the Civil War, with the Third Minnesota Volunteer Infantry Regiment. He died in St. Louis, Kentucky on April 5, 1862.
  • J.E. Jenks got elected to Minnesota’s House of Representatives in the 1870s and served for a year.

Nearly twenty years after Henry Wallace’s death, first his gold watch and then his rifle were found near the former site of Oscar Jackson’s cabin.

* Wright County boasts a Bertram Chain of Lakes, named for Sheriff Bertram.

** J.E. Jenks was probably Cyrus Jenks’s son; records note that Cyrus had a son named John Edwin Jenks who would have been about 22 years old in 1859, which matches J.E.’s first name and age.

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Entry Filed under: 19th Century,Borderline "Executions",Common Criminals,Crime,Execution,Guest Writers,Hanged,History,Lynching,Minnesota,Murder,Other Voices,Public Executions,Theft,USA

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1505: One Bolognese thief hanged, and another saved by Saint Nicholas

Add comment April 15th, 2017 Cherubino Ghirardacci

(Thanks to Augustinian friar Cherubino Ghirardacci for today’s guest post, from his History of Bologna. The Saint Nicholas in question for this picturesque vignette is not Santa Claus (though that figure’s real-life inspiration also had an averted execution to his hagiography) but the medieval mystic Saint Nicholas of Tolentino … a popular Italian saint who appears to have obtained an informal niche profile as the intercessor who would help a fellow survive a hanging: he had already been credited with saving a man wrongfully accused of murder who hung four days on the gallows in 14th century Aquila. -ed.)

It has happened in these days, that is to say on April 15, Tuesday, that two thieves have been hanged; one sixty years old and one about eighteen, and the execution took place on the usual spot, that is in the cattle market; and the minister of justice ordered that they should be left hanging upon the gallows until the usual hour, when the members of the Company of the Dead came to remove them for burial, and having taken down from the gibbet the old man and having placed him on the bier, they then deposed the youth, called Pietro Antonio of Bologna. He had been adopted by one who dwelt in the Borgo of San Pietro, and was already a novice of San Jacomo; this one was found alive and of so much vivacity it seemed as though he had been reposing on his bed asleep: but however with the neck injured, because the halter had entered into it, and had almost sawn through the throat.

The bystanders, marvelling much at this unusual sight, quickly had him carried to the Hospital to care for him; and there came a messenger from the Senate to see, and to hear everything that had happened; and Pietro Antonio said that he had been helped by the glorious saint Nicholas of Tolentino, to whom he had vowed, that if he escaped this opprobrious death, he would vest himself in his habit, and that he being on the gallows, the glorious St. Nicholas supported him by holding the soles of his feet in his hands. This was considered a marvellous miracle in the city, and every one ran to visit him and hear him discourse.

On Sunday, April 27, the Brothers of San Jacomo came in procession to the Hospital to fetch the above-mentioned Pietro Antonio and to conduct him to San Jacomo, and they pass together with the “Compagnia della Morte” behind San Petronio and before this church, and they go before the palace of the family Antiani, and below the “Madonna del Popolo”; and the condemned man is dressed in white with a black mantle, and with no cap on his head, and with the same halter round his neck with which he was hanged. When he reaches this spot, he falls on his knees and adores the Queen of Heaven, and wishing to rise, the simple women around tear off some of his clothes in devotional excitement; but being covered with another cape, he arrives at the church of San Jacopo, and there in the presence of all the city, the halter is taken from his neck and laid by him on the altar; and by the reverend prior of that said convent, Master Giovanni de Ripis, he was solemnly dressed in the Carmelite habit and called Brother Nicholas, in honour and reverence of St. Nicholas of Tolentino; and the ceremonies of vesting him being over, the friars meanwhile chanting the Te Deum Laudamus, he was presented by the said Prior to the very holy image of the glorious St. Nicholas, which is behind the choir in the chapel of St. Thomas Apostle and St. Nicholas, now called of the Madonna of Heaven, because when he made his vow he had in his mind this venerated image. Then he placed there his votive offering, his true portrait painted on canvas, and also the same halter with which he was hanged, the which things one may still see today in this said church.

He lived four years very devoutly, tending the sick; but then, tempted by the devil, he threw away his habit, and giving himself once more to thieving he was taken and hanged with the golden halter to the long balcony of the Podestà, and died for his sins.

The record of this miracle appears, with all the expenses, in an authentic book of 148 pages, in the Sacristy of these said monks, where are mentioned the sums spent on the procession, and miracle, and of the votive panel picture, which was made by master Ercolese, painter, and cost in all lire 3 and soldi 11.

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1819: Robert Dean, “rational incoherence”

Add comment April 8th, 2017 Meaghan

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

On this date in 1819, an apprentice watch engraver named Robert Dean was hanged at. St. George’s Fields, Surrey for the murder of Mary Ann Albert, age four.

The crime appeared, on the surface, to be without motive. Robert was a coworker and good friend of Mary Ann’s uncle, Joseph Williams, and he also became close to Joseph’s sister, Mary Albert. On his frequent visits to the Albert family, he would play adoringly with Mary’s daughter, little Mary Ann.

On the day of the murder, Dean met Joseph at Mary Albert’s house and little Mary Ann sat in his lap for a time. Then Dean and Joseph left the house, but after they had walked only a short distance, Dean made an excuse to go back to the Albert residence. He asked for permission to take Mary Ann for a short walk, and her mother agreed. When they didn’t return, she went out looking for them and was horrified to see her daughter stumbling toward her, blood spurting from a deep gash in her throat.

Mary summoned a doctor, but it was too late: the child died within the hour.

Robert Dean turned himself in to the authorities several days later. Prior to his trial he penned a confession that offered a perplexing reason behind his terrible actions:

On Friday evening last I met a young man named Joseph Williams with whom I had long been intimate, at Mrs. Albert’s house in Jacques-court, Thomas-street. I had long been acquainted with a young woman named Sarah Longman, daughter of Mr. L. at the Grapes, Church-row, Aldgate; my affection for her was extremely great; I had for some time corresponded with her. A dispute unhappily arose; I wrote to her on the subject, expressing my regret at the unfortunate rupture, described the very great regard which I entertained for her, implored her to consent to reconciliation, and begged that she would write me an easily answer. She never replied to my letter. Her father called upon me, and wished that the connexion might be discontinued. These circumstances had an indescribable effect upon my mind; I was miserably unhappy, and was incapable for attending to my business, and gave myself up entirely to despair. I endeavored to prevail upon her to renew the correspondence. I felt that I could not be happy in this world without her, and was determined to leave it. Thoughts of a dreadful description entered my mind, and must have proceeded from the Devil. I felt that I should leave the world in a state of happiness if I could murder her, and determined to perpetrate the deed. I had been home from two days, business not being very brisk, and on Friday evening I called to see Williams, at Mrs. Albert’s. We both came out together and walked in company to the theater. We did not go in; I told Williams that I wanted to see a gentleman in the Borough, and should go that way. We parted and I returned to Mrs. Albert’s. After talking in a very friendly manner with the family, I asked for a knife and they gave me a case-knife. I took an opportunity of concealing it unperceived in my pocket. I shortly went out with the child to buy her some apples, which having done, I returned to the court. A sudden thought came over my mind, that if I murdered the child, who was innocent, I should not commit so great a crime as murdering Sarah Longman, who was older, and as I imagined, has sins to answer for. In a moment I pulled the knife out of my pocket, put the child down out of my arms, held her head back and cut her little throat. In an instant I imagined that I was in the midst of flaming fire, and the court appeared to me like the entrance of hell. I ran away, not knowing where I went or what I did; I wandered about in a state of distraction until I surrendered myself up to the watch-house.

In other words, Robert Dean, spurned by his lover, chose to take out his rage on a toddler, “who was an innocent,” whose family liked and trusted him, and who had nothing to do with the love affair at all. Mary Ann Albert’s mother was obliged to testify against him at trial, and the Newgate Calendar records that when she “beheld the prisoner at the bar, she burst into an hysteric scream of horror, and was for a long time incapable of giving her evidence, until she was relieved by a flood of tears.”

His guilt was never in doubt; for those who saw him at trial he “appeared to be in a kind of idiotic stupor” and “being called upon to make his defence, merely said in a wild manner, that he was not guilty.” (Trewman’s Exeter Flying Post, April 8, 1819)

Dean’s disordered thoughts likewise governed his embrace of the death sentence; “his general appearance was that of a maniac, but on all subjects he spoke rationally, although often incoherently.” Did he fear to hang? The example of Enlightenment philosophers comforted him. “Why should I complain, knowing as I do that the change I am going to make is for the better? Where is Voltaire now? — in hell: where is Tom Paine? — in hell: God have mercy upon them as he has upon me.”

A cast of Dean’s head was made after his execution and phrenologists made a careful study of it. According to their findings,

Disappointment in love, aided perhaps by other causes, appears to have produced diseased action in the brain: and the different mental faculties are here seen acting like so many limbs of an automaton, when their different organs happen to be excited by external objects, those which are largest always taking the lead. Thus Amativeness, and apparently Adhesiveness, excite Destructiveness, and Dean first resolved to kill Sarah Longman. The little child, however, fell accidentally in his way, and his Veneration and Benevolence seem to have started into activity in favour of his young woman: he would not kill her because “she would have much sin to answer for.” Impelled, however, by the diseased energy of his large Destructiveness, he could not refrain from murder, but slew the infant, to whom nevertheless he had previously been tenderly attached. After giving scope to Destructiveness, his moral organs came into action, and he was overwhelmed with remorse, and gave himself up to the police.

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1724: Sister Geltruda and Fra Romualdo, at a Palermo auto de fe

1 comment April 6th, 2017 Henry Charles Lea

(Thanks to Henry Charles Lea for the guest post, which first appeared in his The Inquisition in the Spanish Dependencies: Sicily – Naples – Sardinia – Milan – The Canaries – Mexico – Peru – New Granada. The Inquisition was abolished in Sicily in 1782, but an interesting Palermo museum preserves its artifacts. -ed.)

When, in 1718, Savoy exchanged Sicily with Austria for Sardinia, the Emperor Charles VI would not endure this dependence of the [Inquisition] tribunal upon a foreign power and procured, in 1720, from Clement XI a brief transferring the supremacy to Vienna. In accordance, however, with the persistent Hapsburg claims on the crown of Spain, the Inquisition remained Spanish. A supreme council for it was created in Vienna, with Juan Navarro, Bishop of Albarracin as chief who, although resident there gratified himself with the title of Inquisidor-general de Espana, but in 1723 he was succeeded by Cardinal Emeric, Archbishop of Kolocz.

Apparently it was deemed necessary to justify this elaborate machinery with a demonstration and, on April 6, 1724, an auto de fe was celebrated at Palermo with great splendor, the expenses being defrayed by the emperor.


Detail view (click for the full image) of a French print of the auto de fe.

Twenty-six delinquents were penanced, consisting as usual mostly of cases of blasphemy, bigamy and sorcery, but the spectacle would have been incomplete without concremation and two unfortunates, who had languished in prison since 1699, were brought out for that purpose. They were Geltruda, a beguine, and Fra Romualdo, a friar, accused of Quietism and Molinism, with the accompanying heresies of illuminism and impeccability. Their long imprisonment, with torture and ill-usage, seems to have turned their brains, and they had been condemned to relaxation as impenitent in 1705 and 1709, but the sentences had never been carried out and they were now brought from their dungeons and burnt alive.


Detail view (click for the full image) of an engraving, The Great Auto De Fe At Palermo Italy 6 April 1724

Less notable was an auto de fe of March 22, 1732, in which Antonio Canzoneri was burnt alive as a contumacious and relapsed heretic.

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1828: William Dyon and John Dyon, all in the family

Add comment April 2nd, 2017 Meaghan

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

On this date in 1828, William Dyon, 45, and his son, John, 23, were hanged for the murder of William’s brother, who was also named John.

The brothers had fallen out over their father’s inheritance; William Dyon Sr. had favored John’s family over William Jr.’s. Writing dramatically of the case in his book Foul Deeds and Suspicious Deaths in Doncaster, Stephen Wade described the brothers as

sons of a Lincolnshire farmer, and the two boys were so different that this tale almost attains a biblical resonance, with jealousy, brooding and resentment, and finally a deathly hatred that led one brother to a bloody death; and the other to the scaffold. It is a Cain and Abel story, but with more than one layer of evil: William Dyon was joined by his son, John, in the murder.

According to contemporary account, from his youth William was “of a Wild disposition, and addicted to low sports; in his youth, a frequenter of cocking matches [and] bull baits.” While William joined “scenes of riot and dissipation,” John was a much steadier sort and very helpful to his father on the farm. Dyon Sr. was wealthy and he rewarded his more filial son with 63 acres of land, followed by cash gifts amounting to £300 sterling, while giving William nothing.

When he drafted his will he also favored John, virtually ignoring his other son.

William and his son planned out the murder more than a week in advance, enlisting the help of another man named John White who had known both brothers for years. John Dyon was walking through the front gate of his farm, 800 yards from his house, when he was ambushed by his brother and nephew and shot to death on the evening of February 16, 1828. His family didn’t find him until morning.

The victim was lying in the grass by the gate, stiff and cold, shot in the chest. He was carrying about £40 and an expensive watch, so robbery was ruled out as a motive for his death.

The inquest that followed returned a verdict of “willful murder by person or persons unknown,” but suspicion had already fallen on the embittered relatives.

Both Dyon pere and fils had been seen loitering near the farm with guns; they claimed to be hunting, but it wasn’t the right time of year for that. They had also asked people what time the victim normally returned home from the Doncaster market.

Their enmity towards the victim was well­known in the area and many witnesses remembered hearing William threaten his brother and even say outright that he planned to murder him. After John’s death he was seen boasting about his crime in the local pub.

The investigating magistrate actually performed some CSI work: he noticed a pair of boot tracks at the site of the murder and saw that the wearer had walked with their feet turned outward. William Dyon walked in that way.

Furthermore, the prints were from a left boot and a right boot; not many shoes were made left­ and right­footed during that time period, but William owned a pair that was.

The two suspects produced an alibi, initially confirmed by William’s brother­in­law and his servant: they were at home at the time of the murder. But this collapsed when both witnesses recanted. Then their accomplice, White, came forward with his evidence.

Lincoln, Rutland, and Stamford Mercury, April 11, 1828

By the time of the trial, there wasn’t much of a defense left to offer. The jury deliberated five minutes before voting guilty for both defendants.

On the scaffold under 10,000 eyes, John acknowledged the justice of his sentence. William, who had been caught passing notes to his son in gaol enjoining him to keep his silence, merely announced that “the Lord will pardon my sins.” A friend of the victim wanted to buy the execution ropes, but he was turned away.

“The bodies,” Wade wrote, “were dissected by the anatomists and their skins tanned.”

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,Murder,Other Voices,Public Executions

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1634: John Bartendale survives hanging and burial

1 comment March 27th, 2017 Sabine Baring-Gould

(Thanks to Sabine Baring-Gould for (another) guest post. This report in Baring-Gould’s Yorkshire Oddities, Incidents and Strange Events glosses a rhyming Latin squib of Richard Brathwait‘s Drunken Barnaby’s Four Journeys to the North of England, several versions of which survive.)

JOHN BARTENDALE,
The Piper.

In the reign of King Charles I a strolling musician, a poor piper, named John Bartendale, was brought, in 1634, before the Assizes, and was convicted of felony.

He received sentence, and on March 27th was hung on the gallows, outside Micklegate Bar, York. There were no houses there at that time — it was open country. After he had remained swinging for three-quarters of an hour, and was to all appearance dead, he was cut down, and buried near the place of execution. The officers of justice had accomplished their work carelessly in both particulars, as it afterwards transpired, for he had been neither properly hung nor properly buried.

Earth has a peculiarly invigorating and restorative effect, as has been recently discovered; and patients suffering from debility are by some medical men now-a-days placed in earth baths with the most salutary effects. In the case of gangrened wounds a little earth has been found efficacious in promoting healthy action of the skin. John Bartendale was now to experience the advantages of an earth-bath.

That same day, in the afternoon, a gentleman, one of the Vavasours of Hazlewood, was riding by, when he observed the earth moving in a certain place. He ordered his servant to alight; he himself descended from his horse; and together they threw off the mould, and discovered the unfortunate piper alive. He opened his eyes, sat up, and asked where he was, and how he came there. Mr. Vavasour and his servant helped him out of his grave, and seated him on the side. The man was sent for water and other restoratives, and before long the news had spread about down Micklegate that the poor piper was come to life again. A swarm of wondering and sympathising people poured out to congratulate John the Piper on his resurrection, and to offer their assistance. A conveyance was obtained, and as soon as Bartendale was in a sufficient condition to be moved he was placed in it covered with Mr. Vavasour’s cloak, — for he had been stripped by the executioner before he was laid in the earth — and was removed again to York Castle.

It was rather hard that the poor fellow, after he had obtained his release, should have been returned to his prison; but there was no help for it. The resurrection of the piper was no secret; otherwise Mr. Vavasour would doubtless have removed him privately to a place of security till he was recovered, and then have sent him into another part of the country.

At the following Assizes, Bartendale was brought up again. It was a nice point of law whether the man could be sentenced to execution again after the Sheriff had signed his affidavit that the man had been hung till he was dead. Mr. Vavasour was naturally reluctant to supply the one link in the chain of evidence which established the identity of the prisoner with the piper who had been hung and buried for felony; he made earnest intercession that the poor fellow might be reprieved, popular sympathy was on his side, the judge was disposed to mercy, and Bartendale was accorded a full and free pardon; the judge remarking that the case was one in which the Almighty seemed to have interfered in mercy to frustrate the ends of human justice, and that therefore he was not disposed to reverse the decree of Providence according to the piper a prolongation of his days on earth.

Drunken Barnaby in his “Book of Travels” alludes to Bartendale, when he stops at York:

Here a piper apprehended,
Was found guilty and suspended;
Being led to t’fatal gallows,
Boys did cry, “Where is thy bellows?
Ever must thou cease thy tuning,”
Answered he, “For all your cunning,
You may fail in your prediction.”
Which did happen without fiction;
For cut down, and quick interred,
Earth rejected what was buried;
Half alive or dead he rises,
Got a pardon next Assizes,
And in York continued blowing —
Yet a sense of goodness showing.

After his wonderful deliverance the poor fellow turned hostler, and lived very honestly afterwards.

When asked to describe his sensations on being hung, he said that when he was turned off, flashes of fire seemed to dart before his eyes, and were succeeded by darkness and a state of insensibility.

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1825: Louis August Papavoine, An Execution in Paris

Add comment March 25th, 2017 Robert Macnish

(Thanks to Dr. Robert Macnish, a young Scottish surgeon, writer, and polymath whose wide-roaming intellect earned him the nickname of “the Modern Pythagorean.” While resident in Paris, Macnish witnessed the public beheading of a French murderer on March 24, 1825 … an experience he rendered into the essay below. The crime which occasioned this spectacle was notorious in his brief day; Victor Hugo refers to Papavoine by name as “the horrible madman who killed the children with a knife to the head!” in The Last Day of a Condemned Man. -ed.)

AN EXECUTION IN PARIS.

In the month of March 1825, Louis Auguste Papavoine lost his head. He was guillotined at the Place de Greve for the murder of two children in the Bois de Vincennes. The man was mad, beyond all doubt, and in Great Britain would have been sentenced to perpetual confinement as a lunatic; but the French criminal court refused to admit the plea of insanity, and he was given over to the executioner: the Cour de Cassation having rejected his appeal from the decision of that which tried him.

To my shame be it spoken, I wished to see an execution by the guillotine. There was a sort of sanguinary spell attached to this instrument, which irresistibly impelled me to witness one of its horrid triumphs. When I thought of it, the overwhelming tragedy of the Revolution was brought before my eyes — that Revolution which plunged Europe in seas of blood, and stamped an indelible impression upon the whole fabric of modern society. There was something appalling in the very name of this terrific engine. M. Guillotine, its inventor, was also one of its victims — he perished by his own contrivance. [this popular legend is untrue -ed.] Let no man hereafter invent an instrument of punishment. Perillus contrived the brazen bull, and was among the first to perish by it. Earl Morton, who brought the “Maiden” to Scotland, underwent a like fate; and Deacon Brodie was hanged upon his own drop.

The day on which Papavoine suffered was beautifully fair; and, profiting by this circumstance, the idle population of the French capital flocked in myriads to witness his exit. It was calculated that there were not fewer than eighty thousand spectators. The Place de Greve was literally paved with human beings. A person might have walked upon their heads without difficulty; and so closely were they wedged together, that had any object larger than an apple been thrown among them, it could not have found its way to the ground. Men, women, and children, were clumped into one dense aggregate of living matter; and as the huge multitude moved itself to and fro, it was as the incipient stirring of an earthquake, or as the lazy floundering of the sea, when its waves, exhausted by a recent storm, tumble their huge sides about, like the indolent leviathan which floats upon their surface. There was no spot of the Place unoccupied save immediately around the scaffold, where a portion was squared off, and kept clear by a strong body of mounted gendarmerie, who kept back with their horses the living wall, which was every moment threatening to break asunder by the pressure behind, and intrude its animated materials into the proscribed area. Nor was the Place de Greve the only spot so crowded. The quays along the Seine were equally peopled, and even the opposite banks of that broad stream were filled with multitudes. Notre Dame shone with spectators, who had mounted its beetling towers to catch a dim prospect of the sacrifice; and every window and height, which afforded the most distant view, were similarly occupied.

In Paris, as in London, it is customary to let out those windows where a good view can be obtained; and on any occasion of particular interest — as the present happened to be — considerable sums are asked, and given. Sometimes half a Napoleon is demanded for a single place; and the sum varies from that to half a franc, according to the eligibility of the situation. Many of the windows are so near to the guillotine, that a very favourable prospect of the painful spectacle can be obtained; and these, of course, are crowded with persons who can afford to pay well for the gratification of their curiosity — if there be, indeed, any gratification in witnessing the instantaneous and sanguinary death of a fellow creature. Yet the view, even from the best windows, is not equal to that from within the open area. But into this space, it is no easy matter to get a footing; the few who are admitted being military men, and such of their friends as they choose to bring along with them. Indeed, at this time, there were few or no officers of any rank within the opening. It was mostly occupied by the gendarmes, who were there upon duty; and by a few dozens of common soldiers, whom curiosity or idleness had brought together. This, however, was the spot to which my wishes led me; and under the guidance of a young French officer of hussars, I was led into the area, and placed in front of the guillotine, not ten feet from its dreadful presence. But dreadful as it is from association, and from its destructive rapidity, this machine is by no means so appalling to look at as the gallows. The same feeling of horror does not attach to it; nor is the mind filled with the same blank dismay, or the same overpowering disgust, which are universally felt on beholding the gibbet, with its looped rope, its horrid beam, and its deceitful platform, which, slipping from beneath the feet of its victim, leaves him dangling and gasping in the winds of heaven. Somehow the same strong idea of disgrace is not connected with the axe as with the gibbet; but this may be from the thought that the noble and the good have shed their blood in torrents beneath its edge, thus giving it a sort of factitious interest, and deadening even with the most criminal the ignominy of its punishment. Nor is it coupled with such inveterate disgust, and such decided outrage to the feelings of humanity. Prolonged physical suffering is at all times revolting; and to see a human being struggling with a violent death — writhing in agony, and perishing like a dog — is the most detestable sight in existence. The guillotine distracts the fancy with no such sickening imagery. Whatever agony is sustained, is the more noble and enduring agony of the spirit, previous to the fatal hour. There is no struggle here with the grim tyrant — no painful encounter between life and death — no tortures like those which wrung Laocoön and his miserable offspring. From perfect life, the individual is transported to as perfect annihilation. He does not enter eternity by slow, unwilling steps: the spirit does not quit its fleshly mansion painfully and tardily, but leaves it with a sudden bound, and plunges at once into a new existence, there to be saved or lost, as its fate chances to be decreed in the Book of Life.

At the period of my admission, it was two o’clock — one hour exactly from the time of execution; and I had, therefore, abundant leisure to contemplate the engine of death, and to witness the behaviour of the vast multitude around it. Things were as quiet as could well be expected in so great an assemblage. There was plenty of talking, but much less disturbance than would have occurred in England upon any similar occasion. In truth, the only quarter which manifested tumult, was in the immediate neighbourhood of the area, which threatened every moment to be broken in, not so much by the fault of those directly in front of it, as by the immense pressure of those in the back-ground. Every now and then its square proportions were destroyed by a portion of the crowd which bulged inwards in a solid mass; and almost at the same moment, this violation of the straight line was repaired by the gendarmes, who kept riding along the square, and pressing back the intruding body into its proper place. The recklessness and fierce temper of the French soldiery were manifest, and formed a strong contrast to the good-humoured forbearance of our own troops. No ceremony was used towards intruders. Whoever came, or was forced into the square by his rearward companions, was thrust back with wanton violence. Where the pressure of the horses was resisted, the gendarmes made use of the flat sides of their sabres, and belaboured the crowd without mercy. The whole scene presented a strange picture of the fearful and the ludicrous. While it was distressing to witness the terrified crowd recoiling before the soldiers, it was amusing to witness the dexterity with which the latter treated the refractory — sometimes pushing them back with their steeds, sometimes beating them with their swords, and sometimes dexterously pitching off their hats into the assemblage. When any unfortunate fellow lost his chapeau in this manner, or received a salutary blow from the weapon of a gendarme, a loud shout of laughter was set up among the spectators. In fact, the whole, except thosewithin reach of punishment, were in excellent humour, and seemed to have come together more to enjoy a farce than witness the horrors of a public execution. Things continued in this state till the hour of three, which, pealing from the clock of the Hotel de Ville, announced the approach of the criminal. Scarcely had the fatal sounds swung upon the air, than the whole host was hushed into silence. They knew that the destined time was at hand, and that Papavoine was on his way to the scaffold; — and every man held his breath with deep interest, and felt, in spite of himself, a solemn awe fall over his spirit. But this dreadful silence did not continue long — for far off, in the direction of the bridge over which the criminal must pass, there was seen a heaving among the assemblage, which moved as if borne on the bosom of a vast wave; and murmurs like the half-suppressed voice of a remote volcano, were heard to proceed from this moving multitude. It was now evident that the procession approached; and every eye was turned towards that direction, and every ear wrought to its keenest pitch to catch the strange sounds which denoted its coming. Each moment the noise became louder, and the motion of the crowd more general. At last the trampling of horses was heard, and a troop of gendarmes, forcing a path through the recoiling people, were seen to approach. Behind them came a cart drawn by two horses; and in this cart sat Papavoine and an old Catholic priest. To the rear of this a second body of gendarmes brought up the procession. The criminal was a small, thin man, of about five feet six. He was dressed in a shabby blue surtout, and brown trowsers, and wore a fur cap upon his head. His arms were pinioned behind him, not by the elbows as with us, but by the wrists. He had no neckcloth on, nor shirt; and the collar of his surtout was drawn some way over his shoulders, so as to leave the neck quite bare and ready for the axe. Though pale and death-like, and seemingly impressed with the marks of sorrow and bad health, he exhibited no signs of terror or dismay. His demeanour was quiet and composed; and to the exhortations of his spiritual adviser he appeared to pay deep attention.


Source

Now, here a scene took place which baffles description. No sooner had the wretch entered the area appropriated for his fate, than a shout of deafening execration arose from the hitherto silent multitude. No preparatory murmurs of hatred and revenge preceded this ebullition of feeling. It sprung up simultaneously, and as if those from whom it proceeded were animated with one soul, and felt one pervading vengeance thrilling through their hearts. “Wretch!” “Villain!” “Miscreant!” “Assassin!” arose in a wild swell from the crowd; and above the deeper voices of the men were heard the shrill imprecations of females, denouncing, with even more bitter wrath, the murderer. Had it been for almost any other crime, the women would have felt towards him more kindly than his own sex; but that for which he was to suffer was one of all others the most heinous to a maternal heart — and the natural fountains of woman’s tears were no longer free to flow in their wonted channel.

But Papavoine did not seem to hear the imprecations which were poured like vials of wrath upon his head — nor did he even appear sensible of the presence of those who so bitterly reviled him in his last moments. The cart stopped at the foot of the scaffold, and descending firmly, he conversed for one moment with the old priest, previous to mounting the fatal steps. I was at this time only a few yards from him, and marked him most distinctly. His look was perfectly calm and composed, and, had he died in a better cause, it would have been impossible not to admire his steady heroism. He said a single word in the ear of the priest who kissed him on the cheek, and left him, apparently much affected. Papavoine now ascended the guillotine rapidly and firmly, and committed himself to the hands of the executioner and his assistant satellite. At this part of the scene the loud execrations of the people had melted into breathless awe. Not a whisper was heard, nor even a movement among the vast and silent assemblage. The whole spectacle was dreadful — the very stillness of the crowd had something appalling in it; and the systematic dispatch with which the executioners proceeded among such universal silence, was sickening to the last degree. While gazing upon the victim, my respiration was almost totally suspended — my heart beat violently, and a feeling of intense anxiety and suffocation pervaded my frame.

The process was incredibly short. In a few seconds Papavoine was bound to a board which stood upright, and reached to the middle of his breast. The board moved on a pivot, and as soon as the malefactor was buckled to it, it was depressed, and shoved with its burden towards the groove of the guillotine, at the top of which hung the axe, ready to descend, on the pulling out of a small peg which kept it in its situation. A moveable piece of wood being now drawn down upon the root of the neck, to prevent all attempt at motion, and everything being ready, the executioner pulled a cord, and with the impetuosity of lightning, down came the axe upon its victim. Papavoine was annihilated in a moment. I saw his head slip from the body and tumble into a basket ready to receive it, while the blood spouted forth in little cataracts from the severed trunk, and dyed the scaffold with a purple tide. From the time when he appeared upon the guillotine till the head was severed, only twenty-five seconds elapsed — such is the appalling, yet humane rapidity of a French execution.

I looked attentively to observe if there was any motion in the trunk — any convulsive start at the instant of decapitation, but there was none. It lay from the first perfectly motionless, nor exhibited the slightest shudder — the least quivering — or the faintest indication that, the moment before, it was part of a sentient being, instinct with all the energies of life. This I did not expect. I conceived that a strong muscular spasm would have convulsed it at the fatal instant: and such, I am told, was the case with Brochetti, an Italian, executed some time before, and whose trunk sprung violently from its situation, and shook with universal tremor.

The momentary silence which pervaded the crowd previous to the axe’s descent was now broken, and an instantaneous movement ensued among its before tranquil numbers. The windows were deserted by their occupants; the doors poured their population into the streets; and the house-tops and black Gothic towers of Notre Dame were rid of the crowds which sat perched like eagles upon their lofty summits. But long ere this assembly had melted away, the guillotine had disappeared from the Place de Greve. Two minutes were allowed to elapse, that the head and body of the criminal might part with their blood.

They were then thrown into a long basket, and sent in the cart — which brought them alive — to the Ecole de Medecine for dissection. And the scaffold, after being cleansed of the gore, by having several buckets of water dashed over it, was taken to pieces, and deposited in the Hotel de Ville, till its sanguinary services were again required. The execution, together with the process of cleansing and dismantling the guillotine, did not occupy above seven minutes.

Next morning, the same curiosity which led me to witness this revolting sight took me to the Ecole de Medecine, to witness the remains of Papavoine. There were a number of scientific men present — among others, the celebrated Doctor Gall, who was employed in investigating the developements of the head, and pointing them out to several of his pupils. [A topic of great interest to Macnish, who also wrote a book about phrenology. -ed.] There was no portion whatever of the neck remaining attached to the trunk. It, as well as the head, had been severed from the body. The axe had struck at its very root, and even grazed the collar bone where it is fixed to the sternum. This is not in general the case, the neck being in most instances pretty accurately cut through the middle — one half of it adhering to the head, the other to the trunk.

I am not sure that I had done right in making such a scene as the above the subject of an article. There is something in the minute details of an execution, at which the mind shudders; and it is probable the reader may think that my impressions of the spectacle just related, should have been confined to my own bosom instead of being made public.

(For writerly firsthand accounts of the guillotine in action in the 19th century, compare to Tolstoy or Turgenev. -ed.)

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1768: James Gibson and Benjamin Payne, impressing James Boswell

Add comment March 23rd, 2017 James Boswell

(Thanks to James Boswell for the guest post. The Dr. Johnson biographer was a ravenous gallows-haunt whom we have encountered repeatedly in these pages; even in his guise as a barrister, Boswell personally lost a client to the hangman. No fool when it came to content repurposing, Boswell in 1768 wrote the Publick Advertiser about the March 23, 1768 double hanging of John Gibson and Benjamin Payne; then, in 1783, he recycled the entirety of this bygone letter to extend his musings on the spectacle of public executions, for the occasion of Tyburn’s abolition. We reprint here the 1783 article, a comment within a comment, within the very comment that is this dreary site. -ed.)

LONDON MAGAZINE,<br />
FOR MAY, 1783.<br />
THE HYPOCHONDRIACK. No. LXVIII.<br />
Mitiores Poena nobis semper placuere. Justinian.,<br />
'We have always preferred mild punishments.'

THE question, Whether society has a right to punish individuals, especially to the extent of death, which is well denominated in Latin “ultimum supplicium — the last or utmost punishment,” has been treated with great attention and ingenuity by a number of casuists in law and in morals. And of late it has been discussed with elegant ability by the Marquis di Marco, an Italian nobleman of Mantua, whose performance well becomes that celebrated city, while it shews that in modern times the descendants of those whom we are taught from our early years to admire, are yet worthy of admiration. So that we may quote from Addison‘s beautiful letter from Italy,

And still I seem to tread on classick ground.

It is indeed a question which resolves into the powerful and irresistible plea of necessity; since we are sure society could not exist without such a right. But the exercise of it, no doubt, admits of much modification, in which the wisdom and humanity of legislators has a wide field. Another Italian nobleman has done himself great honour by his admirable work “Delle de litte e delle pene,” which Voltaire has illuminated with some additional rays; and I can with pleasure mention, to the credit of our own nation, Mr. Eden‘s Principles of Penal Law.

These cursory remarks are only meant to serve the purpose of introducing into the collection of my Hypochondriack Essays, another of my former writings, which is, I think, well suited to my present title.

April 25, 1768.

To the Printer of the Publick Advertiser

Sir,

THAT the people of England possess that quality called good-nature, will not be denied by any man whose mind is not fretted by some real ills, or clouded by some fanciful ones. But it must also be acknowledged that the people of England are, of all nations in the world, the most desirous of feeing spectacles of cruelty. Bull-baiting, cock-fighting, and even throwing at cocks, were for many and many a year the delight of the English; and it is not long since assemblies of good-natured people were deliberately held to see their fellow-creatures beat, bruise, and sometimes actually kill each other.

Though the desire of seeing spectacles of cruelty has peculiarly prevailed in England, it has more or less been the passion of mankind in all ages and countries. Hence the various satires against it by poets; hence the various attempts to account for it by philosophers. Lucretius, who was both a poet and a philosopher, refers it to self-love, as we may see from that celebrated passage,

Suave mari magno turbantibus aequora ventis.

He thinks that men love to behold scenes of distress, that they may hug themselves in security, and relish more their own safety and ease, by comparing themselves with those who are suffering. Though I, as well as every rational and virtuous man, must think that Lucretius is in general a very false and a very hurtful writer; yet I must candidly own that he is often ingenious and just in his observations. In the present case he certainly has a great deal of merit; though I would be for compounding his system with that of the Abbe du Bos, who accounts for our desire of seeing spectacles of cruelty from the universal wish that we all have to be moved; that is, to have our souls agitated; for to be sure there is nothing so irksome to a man of lively sensations, as to have his faculties thrown into a kind of torpor, so that in Shakespeare’s words,

They cream and mantle like a standing pool

This will more fully account for what I am endeavouring to explains and will make human nature appear not so grossly selfish as Lucretius paints it.

Of all publick spectacles, that of a capital execution draws the greatest number of spectators. And I must confess that I myself am never absent from any of them. Nor can I accuse myself of being more hard-hearted than other people. On the contrary, I am persuaded that nobody feels more sincerely for the distresses of his fellow-creatures than I do, yor would do more to relieve them. When I first attended executions, I was shocked to the greatest degree. I was in a manner convulsed with pity and terror, and for several days, but especially nights after, I was in a very dismal situation. Still, however, I persisted in attending them, and by degrees my sensibility abated; so that I can now see one with great composure, and my mind is not afterwards haunted with frightful thoughts: though for a while a certain degree of gloom remains upon it. I can account for this curiosity in a philosophical manner, when I consider that death is the most aweful object before every man, who ever directs his thoughts seriously towards futurity; and that it is very natural that we should be anxious to see people in that situation which affects us so much. It is true indeed that none of us, who go to see an execution have any idea that we are to be executed, and few of us need be under any apprehension whatever of meeting with that fate. But dying publickly at Tyburn, and dying privately in one’s bed, are only different modes of the fame thing. They are both death; they are both that wonderous, that alarming scene of quitting all that we have ever seen, heard, or known, and at once passing into a state of being totally unknown, to us, and in which we cannot tell what may be our situation. Therefore it is that I feel an irresistible impulse to be present at every execution, as I there behold, the various effects of the near approach of death, according to the various tempers of the unhappy sufferers, and by studying them I learn to quiet and fortify my own mind.

I shall never forget the last execution I saw at Tyburn, when Mr. Gibson, the attorney, for forgery, and Benjamin Payne, for an highway robbery, were executed. Poor Payne was a thin young lad of twenty, in a mean dress, and a red night-cap, with nothing to discriminate him from the many miserable beings who are penitent and half dead with fear. But Mr. Gibson was indeed an extraordinary man. He came from Newgate in a coach, with some friends attending him. I met the mournful procession in Oxford-road; and I declare that if I had not been told it, I should not have known which was Mr. Gibson. He was drawn backwards, and looked as calm and easy as ever I saw a man in my life. He was dressed in a full suit of black, wore his own hair round and in a natural curl, and a hat. When he came to the place of execution he was allowed to remain a little in the coach. A signal was then given him that it was time to approach the fatal tree. He took leave of his friends, stepped out of the coach, and walked firmly to the cart. He was helped up upon it, as he was pinioned and had not the free use of his arms. When he was upon the cart, he gave his hat to the executioner, who immediately took off Mr. Gibson’s cravat, unloosed his shirt neck, and fixed the rope. Mr. Gibson never once altered his countenance. He refreshed his mouth by sucking a sweet orange. He shewed no stupid insensibility; nor did he affect to brave it out like those hardened wretches who boast that they die hard. He appeared to all the spectators a man of sense and reflexion, of a mind naturally sedate and placid. He submitted with a manly and decent resolution to what he knew to be the just punishment of the law. Mr. Moore, the Ordinary of Newgate, discharged his duty with much earnestness, and a fervour for which I and all around me esteemed and loved him. Mr. Moore seems worthy of his office, which, when justly considered, is a very important one, if administering divine comfort to multitudes of miserable beings, be important. Poor Payne seemed to rely on that mercy which I trust has not been refused him — Mr. Gibson seemed truely devout; and, in short, from first to last, his behaviour was the most perfect that I ever saw, or indeed could conceive of one in his unhappy circumstances. — I wish, Sir, I may not have detained you too long with a letter on subjects of a serious but I will not fay of a gloomy cast, because from my manner of viewing them I do say that they become matters of curious speculation, and are relieved of their dreary ideas. I am, Sir,

Your constant reader,
MORTALIS.

After an interval of fifteen years, I have little to add to this occasional essay. But I cannot but mention in justification of myself, from a charge of cruelty in having gone so much formerly to see executions, that the curiosity which impels people to be present at such affecting scenes, is certainly a proof of sensibility not of callousness. For it is observed, that the greatest proportion of the spectators is composed of women; and I do not apprehend that my readers will impute a barbarous severity to the fair sex, though it is common for lovers to represent them as metaphorically cruel. But in the one case they are cruel to others to be kind to themselves, by avoiding what is disagreeable to them. Whereas in the other case the pleasure must be from the sufferings of others independent of any such reference. That there, however, is such a pleasure I am afraid is true; and in support of my opinion, I bring no less authority than Edmund Burke, who maintains it in his Treatise on the Sublime and Beautiful. Yet let it not be supposed that this pleasure arising from agitation, prevents the finest feelings and effects of compassion; I am sure it does not.

As the great Justinian nobly expressed himself, I should wish that as mild punishments as are consistent with terrour were always inflicted. It is indeed astonishing how men have been found willing and able to execute some of the horrible sentences which have been put in execution upon some criminals. One shudders to think of them; and I shall not wound the minds of my readers by reciting particulars. They who wish to be shocked, or to gratify a monstrous curiosity, may read the tortures of Ravaillac or Damiens. A mode of death which strikes terrour into spectators, without excruciating the unfortunate objects of legal vengeance, seems to be the most eligible. I, therefore, think that the faces of those who are hanged should not be covered, as in Britain, but exposed, as is the custom upon the continent, that the distortions may be seen, which covered or uncovered must take place. I also think that the punishment of throwing criminals from the Tarpeian rock in ancient Rome was a very judicious one. But the best I have ever discovered is one practised in Modern Rome, which is called Macellare –to butcher.” The criminal is placed upon a scaffold, and the executioner knocks him on the head with a great iron hammer, then cuts his throat with a large knife, and lastly, hews him in pieces with an ax; in short, treats him exactly like an ox in the shambles. The spectators are struck with prodigious terrour; yet the poor wretch who is stunned into insensibility by the blow, does not actually suffer much.

But, indeed, death, simple death, when slowly and solemnly inflicted, will be fully sufficient to answer the purposes of publick punishment, as is very well demonstrated by Dr. Mandeville, in An Essay upon the Increase of Robberies, in which he has written with a very different spirit from that which prompted his very shrewd, lively, and entertaining, but dangerous Fable of the Bees.

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1784: Anne Castledine, infanticide

Add comment March 17th, 2017 Meaghan

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

On this day in 1784, 28-year-old Anne Castledine was executed at Retford, Nottinghamshire for the murder of her newborn baby.

The unmarried Castledine had been obviously pregnant, “being much alter’d in the size and shape of her belly”, then suddenly she was not pregnant but there was no baby to show for it. Suspicious neighbors alerted the authorities.

Although she maintained her innocence, the circumstances were very much against her. Just two years previously, Castledine had been charged with murdering another newborn under identical circumstances. No medical evidence was offered at the trial and she was acquitted in spite of her confession — perhaps indicative of the discomfort European courts had about delivering infanticides to the executioner. But this second time, the judge ordered Castledine to a midwife’s examination.

Castledine then admitted to having strangled her baby after birth. She had sewed its body into her mattress and slept on it for several days before her arrest.

Castledine was hanged alongside Robert Rushton, who had murdered his daughter. As was the case with most murderers executed in England during this period, Anne Castledine’s corpse was dissected after her hanging. Elizabeth T. Hutton noted in her book, Dissecting the Criminal Corpse: Staging Post-Execution Punishment in Early Modern England:

Yet it was Anne’s body that aroused intense medico-legal interest in the Midlands. The General Evening Post recorded that both bodies were ‘taken to county hall in order to be publicly exposed and dissected’. Further source material uncovers however how gender dictated the precise medico-legal steps. Robert’s body was muscular and therefore valuable. He was opened up to be anatomically checked and later dissected in Nottingham town. Anne’s corpse was initially opened up with a ‘crucial incision’, the cross-like cut on her torso, to establish her medical death. Then it was ‘exposed on boards and tressels [sic] in front of County Hall for two days’ so that ordinary people could walk around it and see that a child killer was ‘truly dead’ … [T]he table was mobile, it could be levered up and down to take in and out of County Hall each night, and had to be erected twice on two separate days to satisfy the large crowds filing past over a forty-eight hour period. Meantime there was considerable local discussion about where to dissect such a ‘good body’. She was a fertile young woman and corpses like it attracted a lot of medical competition. In the end a decision was taken by a judge in consultation with the local medical fraternity to send her body to ‘a surgeon in Derby’.

That Derby surgeon, according to lore from the The Date-Book of Remarkable & Memorable Events Connected with Nottingham and Its Neighbourhood, 1750-1879, from Authentic Records, had a novelistic last encounter in the course of his autopsy.

The remains of the young woman were given to Mr. Fox, a surgeon, of Derby. While they lay in a barn near his residence, a strange gentleman came on horseback to view them. He took up the heart, kissed it, squeezed a drop of blood from it upon his handkerchief, and rode away. This gentleman was doubtless the seducer, who had come many miles to take a last look at the once beautiful object of his cruelty and lust.

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1824: John Smith

2 comments March 14th, 2017 Meaghan

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

On this date in 1824, John Smith, 25, was publicly hanged before an angry crowd at Lincoln Castle for the murder of his fiancee, 24-year-old Sarah Arrowsmith.

John and Sarah had been seeing each other for a long time. Sarah had a three-year-old son by him, and was heavily pregnant with another child. She was under the impression that the wedding banns had been published and they would marry soon, but matrimony was the furthest thing from John’s mind.

On December 4, 1823, he bought a pound of white arsenic from the chemist for nine pence, saying he was going to use it for washing sheep. Instead, Smith mixed the arsenic with some flour and gave it to Sarah. She, in turn, baked some cakes with the poisoned flour and served them to her friends for tea.

Neil R. Storey records what happened in his book A Grim Almanac of Lincolnshire:

In less than a quarter of an hour, Sarah, her sister-in-law Eliza Smith, her friend and neighbour Mrs. Dobbs, and three children—two of them her younger sisters, and one of them Smith’s illegitimate child with Sarah—all suffered intense burning in their throats and excruciating pains in their stomachs. Several medical men were sent for and, immediately on arrival, the surgeons, Mr. Tyson West and Mr. Pell, set about administering antidotes and emetics. They rapidly had to admit that Sarah Arrowsmith was in a hopeless condition and sent for magistrates to take her deposition from her death bed. Sarah told them who had given her the flour and soon two constables were sent to the cottage where Smith lived in Little Steeping; they arrested him.

Although Smith presented two character witnesses at his trial who described him as a good farmhand and a sober, even-tempered and hard-working man, the evidence against him was strong and public sentiment equally so. The London Morning Chronicle reported on Dec. 27, 1823, that as Sarah Arrowsmith lay painfully expiring so heavy was the crush of gawkers that her bedroom’s only supporting cross-joint “snapped in the middle, and had not every person except the sufferer, who was in bed, made a hasty retreat, the floor would have fallen in.”

She succumbed the next day (to the poison, not to a fall) and “a great concourse of persons was assembled from all parts of the country round” to lay her to rest — “and the only feelings displayed upon the solemn occasion, were those of indignation against the unhappy wretch who was the author of the untimely death of the poor woman and her child.”

Smith could surely tell that his goose was cooked, and even as his life hung in the balance there was “an extraordinary apathy about him.” (Storey) Prior to his death he admitted his guilt.

It is believed that the other poisoning victims survived.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,Murder,Other Voices,Public Executions

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