On the first of this month the criminal court sat for the trial of a soldier belonging to the regiment, who had a few days before stabbed a seaman of the Reliance, who insulted him when centinel at one of the wharfs at Sydney. The man died of the wound; the soldier, being called upon to answer for his death, proved to the satisfaction of the court, that it had been occasioned by the intemperance of the seaman, and he was accordingly found to have committed a justifiable homicide.
This accident was the effect of intoxication, to which a few days after another victim was added, in the person of a female, who was either the wife or companion of Simon Taylor, a man who had been considered as one of the few industrious settlers which the colony could boast of. They had both been drinking together to a great excess; and in that state they quarrelled, when the unhappy man, in a fit of madness and desperation, put an untimely end to her existence. He was immediately taken into custody, and reserved for trial.
To this pernicious practice of drinking to excess, more of the crimes which disgraced the colony were to be ascribed than to any other cause; and more lives were lost through this than through any other circumstance; for the settlement had ever been free from epidemical or fatal diseases. How much then was the importation of spirits to be lamented! How much was it to be regretted, that it had become the interest of any set of people to vend them!
Several robberies which at this time had been committed were to be imputed to the same source.
Several offenders having been secured for trial, it became necessary to assemble the court of criminal judicature; and on the 16th Simon Taylor was brought before it, accused of the murder of his wife [Ann Smith was her name -ed.]; of which offence being clearly convicted, he received sentence of death, and was executed on the 20th at Parramatta. This unhappy man was thoroughly sensible of the enormity of his guilt, and in his last moments admonished the spectators against indulging in drunkenness, which had brought him to that untimely and disgraceful end.
At the same court, one man, Robert Lowe, was adjudged corporal punishment, and one year’s hard labour, for embezzling some of the live stock of Government, which had been entrusted to his care. He was a free man, and had been one of the convicts who were with Captain Riou in the Guardian, when her voyage to New South Wales was unfortunately frustrated by her striking upon an island of ice; on account of which, and of their good conduct before and after the accident, directions had been given for their receiving conditional emancipation, and being allowed to provide for their own maintenance.
Few of these people, however, were in the end found to merit this reward and indulgence, as their future conduct had proved; and this last act of delinquency pointed out the necessity of a free person being sent out from England to superintend the public live stock, with such an allowance as would make him at once careful of his conduct, and faithful in the execution of his trust.
It should seem that the commission of crimes was never to cease in this settlement. Scarcely had the last court of judicature sent one man to the gallows, when a highway robbery was committed between the town of Sydney and Parramatta. Three men rushed from an adjoining wood, and, knocking down a young man who was travelling to the last mentioned town, rifled his pockets of a few dollars. On his recovering, finding that only one man remained, who was endeavouring to twist his handkerchief from his neck, he swore that no one person should plunder him, and had a struggle with this fellow, who, not being the strongest of the two, was secured and taken into Parramatta. A court was immediately assembled for his trial; but the evidence was not thought sufficient to convict him, and he was consequently acquitted. The want of any corroborating circumstance on the part of the prosecutor compelled the court to this acquittal.
A pitiless mother, that most unnaturally at one time murdered two of her own children, at Acton within six miles from London, upon Holy Thursday last 1616, the ninth of May. Being a gentlewoman named Margaret Vincent, wife of Mr. Jarvis Vincent of the same town. With her examination, confession and true discovery of all proceedings in the said bloody accident.
How easy are the ways unto evil, and how soon are our minds (by the Devil’s enticement) withdrawn from goodness. Leviathan, the archenemy of mankind, hath set such and so many bewitching snares to entrap us that unless we continually stand watching with careful diligence to shun them, we are like to cast the principal substance of our reputation upon the rack of his ensnaring engines. As for example, a gentlewoman, ere now fresh in memory, presents her own ruin amongst us, whose life’s overthrow may well serve for a clear looking-glass to see a woman’s weakness in, how soon and apt she is won unto wickedness, not only to the body’s overthrow but the soul’s danger. God of his mercy keep us all from the like wilfulness.
At Acton, some six miles westward from London, this unfortunate gentlewoman dwelled, named Margaret Vincent, the wife of Mr. Jarvis Vincent, gentleman, who by unhappy destiny marked to mischance I here now make the subject of my pen and publish her hard hap unto the world, that all others may shun the like occasions by which she was overthrown.
This Margaret Vincent before named, of good parentage, born in the county of Hertford at a town named Rickmansworth, her name from her parents Margaret Day, of good education, graced with good parts from her youth that promised succeeding virtues in her age, if good luck had served. For being discreet, civil, and of modest conversation, she was preferred in marriage to this gentleman Master Vincent, with whom she lived in good estimation, well beloved and much esteemed of all that knew her for her modesty and seemly carriage. And so might have continued to her old age, had not this bloody accident committed upon her own children blemished the glory of the same.
But now mark (gentle reader) the first entrance into her life’s overthrow, and consider with thyself how strangely the Devil here set in his foot and what cunning instruments he used in his assailments. The gentlewoman being witty and of a ripe understanding desired much conference in religion, and being careful, as it seemed, of her soul’s happiness, many times resorted to divines to have instructions to salvation, little thinking to fall into the hands of Roman wolves (as she did) and to have the sweet lamb, her soul, thus entangled by their persuasions.
Twelve or fourteen years had she lived in marriage with her husband well beloved, having for their comforts diverse pretty children between them with all other things in plenty, as health, riches, and such like, to increase concord and no necessity that might be hindrance to contentment. Yet at last there was such traps and engines set that her quet was caught and her discontent set at liberty. Her opinion of the true faith (by the subtle sophistry of some close Papists) was converted to a blind belief of bewitching heresy. For they have such charming persuasions that hardly the female kind can escape their enticements, of which weak sex they continually make prize of and by them lay plots to ensnare others, as they did by this deceived gentlewoman. For she, good soul, being made a bird of their own feather, desired to beget more of the same kind and from time to time made persuasive arguments to win her husband to the same opinion, and deemed it a meritorious deed to charge his conscience with that infectious burden of Romish opinions, affirming by many false reasons that his former life had been led in blindness, and that she was appointed by the Holy Church to shew him the light of true understanding. These and such like were the instructions she had given her to entangle her husband in and win him if she might to their blind heresies.
But he, good gentleman, over-deeply grounded in the right faith of religion than to be thus so easily removed, grew regardless of her persuasions, accounting them vain and frivolous, and she undutiful to make so fond an attempt, many times snubbing her with some few unkind speeches, which bred in her heart a purpose of more extremity. For having learned this maxim of their religion that it was meritorious, yea, and pardonable, to take away the lives of any opposing Protestants were it of any degree whatsoever, in which resolution or bloody purpose she long stood upon and at last (only by the Devil’s temptation) resolved the ruin of her own children, affirming to her conscience these reasons: that they were brought up in blindness and darksome errors, hoodwinked (by her husband’s instructions) from the true light, and therefore to save their soul (as she vainly thought) she purposed to become a tigerous mother, and so wolfishly to commit the murder of her own flesh and blood. In which opinion she steadfastly continued, never relenting according to nature but casting about to find time and place for so wicked a deed, which unhappily fell out as after followed.
It so chanced that a discord arose between the two towns of Acton and Willesden about a certain common bordering between them, where the town of Acton, as it seems, having the more right unto it, by watching defended it a time from the other’s cattle. whereupon the women of the same town, having likewise a willingness to assist their husbands in the same defence, appointed a day for the like purpose, which was the Ascension Day last past, commonly called Holy Thursday, falling upon the 9th of the last past month of May. Which day (as ill chance would have it) was the fatal time appointed for her to act this bloody tragedy, whereon she made her husband fatherless of two as pretty children as ever came from woman’s womb.
Upon the Ascension Day aforesaid, after the time of divine service, the women of the town being gathered together about their promised business, some of them came to Mistress Vincent and according to promise desired her company. Who having a mind as then more settled on bloody purposes than country occasions, feigned an excuse of ill at ease and not half well, desired pardon of them, and offering her maid in her behalf, who being a good, apt, and willing servant was accepted of, and so the townswomen, misdoubting no such hard accident as after happened, proceeded in their aforesaid defences. The gentlewoman’s husband being also from home, in whose absence, by the fury and assistance of the Devil, she enacted this woeful accident in form and manner following.
This Mistress Vincent, now deserving no name of gentlewoman, being in her own house fast locked up only with her two small children, the one of the age of five years, the other hardly two years old, unhappily brought to that age to be made away by their own mother, who by nature should have cherished them with her own body, as the pelican that pecks her own breast to feed her young ones with her blood. But she, more cruel than the viper, the envenomed serpent, the snake, or any beast whatsoever, against all kind, takes away those lives to whom she first gave life.
Being alone (as I said before) assisted by the Devil, she took the youngest of the two, having a countenance so sweet that might have begged mercy at a tyrant’s hand, but she regarding neither the pretty smiles it made nor the dadling before the mother’s face, nor anything it could do, but like a fierce and bloody Medea she took it violently by the throat, and with a garter taken from her leg, making thereof a noose and putting the same about her child’s sweet neck, she in a wrathful manner drew the same so close together that in a moment she parted the soul and body. Without any terror of conscience she laid the lifeless infant, still remaining warm, upon her bed and with a relentless countenance looking thereon, thinking thereby she had done a deed of immortality. Oh, blinded ignorance! Oh, inhumane devotion! Purposing by this to merit Heaven, she hath deserved (without true repentance) the reward of damnation.
This creature not deserving mother’s name, as I said before, not yet glutted nor sufficed with these few drops of innocent blood, nay, her own dear blood bred in her own body, cherished in her own womb with much dearness full forty weeks. Not satisfied, I say, with this one murder but she would headlong run unto a second and to heap more vengeance upon her head. She came unto the elder child of that small age that it could hardly discern a mother’s cruelty nor understand the fatal destiny fallen upon the other before, which as it were seemed to smile upon her as though it begged for pity, but all in vain, for so tyrannous was her heart that without all motherly pity she made it drink of the same bitter cup as she had done the other. For with her garter she likewise pressed out the sweet air of life and laid it by the other upon the bed sleeping in death together, a sight that might have burst an iron heart asunder and made the very tiger to relent.
These two pretty children being thus murdered, without all hope of recovery, she began to grow desperate and still to desire more and more blood, which had been a third murder of her own babes, had it not been abroad at nurse and by that means could not be accomplished. Whereupon she fell into a violent rage, purposing as then to shew the like mischief upon herself, being of this strange opinion that she herself by that deed had made saints of her two children in Heaven. So taking the same garter that was the instrument of their deaths and putting the noose thereof about her own neck, she strove therewith to have strangled herself. But nature being weak and flesh frail, she was not able to do it. Whereupon in a more violent fury (still animated foreward by instigation of the Devil) she ran into the yard purposing there in a pond to have drowned herself, having not one good motion of salvation left within her.
But here, good reader, mark what a happy prevention chanced to preserve her in hope of repentance, which at that time stayed her from that desperate attempt. The maid, by great fortune, at the very instant of this deed of desperation returned from the field or common where she had left most of the neighbours. And coming in at the backside, perceiving her mistress by her ghastly countenance that all was not well and that some hard chance had happened her or hers, demanded how the children did.
“Oh Nan,” quoth she, “never, oh never, shalt thou see thy Tom more,” and withal gave the maid a box upon the ear. At which she laid hold upon her mistress, calling out for help into the town. whereat diverse came running in and after them her husband, within a while after, who finding what had happened were all so amazed together that they knew not what to do. some wrung their hands, some wept, some called out for neighbours; so general a fear was struck amongst them all that they knew not whether to go nor run.
Especially the good gentleman her husband, that seeing his own children slain, murdered by his wife and their own mother, a deed beyond nature and humanity, in which ecstasy of grief at last he broke out in these speeches: “Oh Margaret, Margaret, how often have I persuaded thee from this damned opinion, this damned opinion that hath undone us all.”
Whereupon with a ghastly look and fearful eye she replied thus, “Oh Jarvis, this had never been done if thou hadst been ruled and by me converted. But what is done is past, for they are saints in Heaven, and I nothing at all repent it.”
These and such like words passed betwixt them till such time as the constable and others of the townsmen came in and according to law carried her before a justice of the peace, which is a gentleman named Master Roberts of Willesden, who, understanding these heinous offences, rightly according to law and course of justice made a mittimus for her conveyance to Newgate in London, there to remain till the Sessions of her trial. Yet this is to be remembered that by examination she voluntarily confessed the fact how she murdered them to save their souls and to make them saints in Heaven, that they might not be brought up in blindness to their own damnation. Oh, wilful heresy, that ever Christian should in conscience be thus miscarried. But to be short, she proved herself to be an obstinate papist, for there was found about her neck a crucifix with other relics which she then wore about her, that by the justice was commanded to be taken away and an English Bible to be delivered her to read, the which she with great stubbornness threw from her, not willing as once to look thereupon, nor to hear any divine comforts delivered thereout for the succour of her soul.
But now again to her conveyance towards prison. It being Ascension Day and near the closing of the evening, too late as then to be sent to London she was by commandment put to the constable’s keeping for that night, who with a strong watch lodged her in his own house till morning, which was at the Bell in Acton where he dwelled. Shewing the part and duty of a good Christian, with diverse other of his neighbours, all that same night they plied her with good admonitions, tending to repentance, and seeking with great pains to convert her from those erroneous opinions which she so stubbornly stood in. But it little availed, for she seemed in outward shew so obstinate in arguments that she made small reckoning of repentance, nor was a whit sorrowful for the murder committed upon her children but maintained the deed to be meritorious and of high desert.
Oh, that the blood of her own body should have no more power to pierce remorse into her iron natured heart, when pagan women that know not God nor have any feeling of his deity will shun to commit bloodshed, much more of their own seed. The cannibals that eat one another will spare the fruits of their own bodies; the savages will do the like; yea, every beast and fowl hath a feeling of nature, and according to kind will cherish their young ones. And shall woman, nay, a Christian woman, God’s own image, be more unnatural than pagan, cannibal, savage, beast, or fowl? It even now makes a trembling fear to best me to think what an error this unhappy gentlewoman was bewitched with, a witchcraft begot by Hell and nursed by the Romish sect, from which enchantment God of Heaven defend us.
But now again to our purpose. The next day being Friday and the tenth of May, by the Constable Master Dighton of the Bell in Acton, with other of his neighbours, she was conveyed to Newgate in London. Where lodging, in the master’s side, many people resorted to her, as well of her acquaintance as others and as before, with sweet and comfortable persuasions practised to beget repentance and to be sorry for that which she had committed. But blindness so prevailed that she continued still in her former stubbornness, affirming (contrary to all persuasive reasons) that she had done a deed of charity in making them saints in Heaven that otherwise might have lived to destruction in Hell, and likewise refused to look upon any Protestant book as Bible, meditation, prayer book, and such like, affirming them to be erroneous and dangerous for any Romish Catholic to look in. Such were the violent opinions she had been instructed in, and with such fervencies therein she continued that no dissuasions could withdraw her from them, no, not death itself, being here possessed with such bewitching wilfulness.
In this danger of mind continued she all Friday, Saturday, and Sunday. The Sessions drawing near, there came certain godly preachers unto her, who prevailed with her by celestial consolations, that her heart by degrees became a little mollified and in nature somewhat repentant for these her most heinous offences. Her soul, a little leaning to salvation, encouraged these good men to persevere and go forward in so godly a labour, who at last brought her to this opinion, as it was justified by one that came from her in Newgate upon the Monday before the Sessions: that she earnestly believed she had eternally deserved hellfire for the murder of her children, and that she so earnestly repented the deed, saying that if they were alive again not all the world should procure her to do it. Thus was she truly repentant, to which (no doubt) but by the good means of these preachers she was wrought unto.
And now to come to a conclusion, as well of the discourse as of her life, she deserved death, and both law and justice hath awarded her the same. For her examination and free confession needed no jury: her own tongue proved a sufficient evidence, and her conscience a witness that condemned her. Her judgment and execution she received with a patient mind, her soul no doubt hath got a true penitent desire to be in Heaven, and the blood of her two innocent children so wilfully shed (according to all charitable judgements) is washed away by the mercies of God. Forgive and forget her, good gentlewomen. She is not the first that hath been blemished with blood nor the last that will make a husband wifeless. Her offence was begot by a strange occasion but buried, I hope, with true repentance.
Thus, countrymen of England, have you heard the ruin of a gentlewoman who, if Popish persuasions had not been, the world could not have spotted her with the smallest mark of infamy but had carried the name of virtue even unto her grave. And for a warning unto you all, by her example, take heed how you put confidence unto that dangerous sect, for they surely will deceive you.
All stories from issues of the Maryland Gazette, datelined Annapolis. (via) Though not explicit in any of these stories, the attack by Catholic servants upon their master while the Jacobite rising was still afoot must have been read by Maryland’s grandees as more menacing than your everyday domestic crime.
Tuesday, April 22, 1746
The following Particulars of the murder of Richard Waters, in Kent Co., on the 5th inst., having been transmitted to us, are here inserted:
About two months ago Hector Grant, a Highland Papist, and James Horney, an Irish one, both Servants to Mr. Waters, communicated to a West Co. convict woman (servant to Mr. Waters, and of the same communion with the other two), and an orphan apprentice girl, their intention to murder their Master; to which the women agreeing, they all swore on a Bible not to make any discovery.
Having been several Times disappointed in their Design to way-lay him on the Road, in order to perpetrate their Villainy, it happened that on Saturday the 5th Instant, Mr. Waters being at a Muster, and having drank too freely; he was conducted home by two of his Neighbours, who had put him to Bed, and left him about an Hour within the Night: When the Woman, having put his two Children to Bed with him, persuaded the Orphan Girl to go over with her to a Neighbour’s.
In the meantime the two Men murder’d the poor Man, overcome with Liquor and Sleep, by giving him a desperate Blow on the Head with an Axe; after which they dragg’d him out of Bed upon the Floor, repeating their Blows, tho’ any one of them would have proved mortal: The Children sleeping sound all the While; it is thought prevented their undergoing the same Fate; tho’ the Highlander proposed setting the House on fire, and burning the Children therein.
The Girls returning, found the Fellows rejoicing in their Villany, who then put the Deceased’s Cloaths on him, and throwing his Body across a Horse carried it to a Branch about half a Mile from the House, and there buried it; They afterwards burnt the bloody Sheets, clean’d away the Blood, and the next Morning gave out, that their Master set out for Annapolis by Day-break. Nobody had any Suspicion of what had been transacted ’til about the Middle of the Week, when one of the Deceased’s Shoes and Buckles were found; and their carousing, buying Rum, and idling about, and the Horse’s being seen at home, gave the Neigbours reason to suspect the Matter; whereupon the Men were apprehended, and a bloody Shirt found, but no further Discovery made ’til Sunday; when the Orphan Girl, after she had at a solemn Examination denied she knew anything of the Fact, privately confess’d that she had been sworn to the Secresy: On being told that her Oath, being extorted by the Fellows, could not be binding, she related all she knew of it.
The same Evening, the Irishman, finding the Girl had made a Discovery, confess’d every Circumstance told; as also where the body was buried, and where he had concealed his Master’s Watch, Ring, Clasps, &c. which were all accordingly found. The two Men and the Woman, were brought in, by the Coroner’s Inquest, guilty of Wilful Murder.
The Highlander received the Sacrament at Mass, the Sunday before this tragic scene was executed; and, notwithstanding his most obstinate denial of knowing anything of the fact, appears to have been the first proposer and principal actor in this tragedy.
Tuesday, May 6, 1746
Friday last was held, at Chester in Kenty County, a Special Court of Oyer and Terminer, for trying the Murderers of Richard Waters; when the two Men and the Woman were found guilty of the Indictment, and received Sentence of Death; Grant and Horney are to hang’d and the Woman (Esther Anderson is to be burnt.)
Tuesday, May 20, 1746
On Friday last, Hector Grant, James Horney, and Esther Anderson, were Executed at Chester in Kent County, pursuant to their Sentence, for the Murder of their late Master. The Men were Hang’d, the Woman Burn’d. They died penitent, acknowleging their Crimes, and the Justice of their Punishment.
Our man emerged in the 1880s bedeviling the French from Kabilya where the French had already had to suppress a rebellion. Collective punishment for that rising, onerous taxes, and the empire’s confiscations to benefit colonists all fired continuing resentment.
To French eyes, El Bachir was simply a bandit. But for periods of his nearly 15 years’ activity his word was next to law where the triclor could not reach. Kabilya’s colonial officials lived in fear of his revenge.
Peter Stout hanged on this date at the courthouse of Monmouth, New Jersey for axing 14-year-old Thomas Williams to death when the youth, “the unhappy victim of my barbarity, had given me some abusive language.”
Moved to remorse by a post-arrest religious conversion, Stout pleaded guilty knowing it would incur a sure death sentence and admitted all. Oddly, he successfully prevailed upon the sheriff to leave his hands unbound for the hanging — promising with more confidence than a man might be thought to have in his strangulation spasms that he would not lay them upon the rope.
And according to the pamphlet here attached, Stout did fulfill this stoic pledge: “the shock [of the drop] was so great that he raised his right hand within two or three inches of the rope, as though to seize it, but apparently recollecting himself, took it down … closed it with the other, and thus left this world, it is hoped, for a better.”
osing his head on May 12, 1543 made Jakob Karrer von Gebweiler’s name in the annals of art and and medicine.
The remains of the Basel felon — who attacked his wife with a knife when she discovered his bigamous marriage — were turned over after execution to Andreas Vesalius.
That brilliant Flemish doctor was in the midst of a proper Renaissance leveling up of medicine, lifting it past the centuries-long thrall of ancient Greek physician Galen.
Human dissection was essential to Vesalius’s project, as it was alike to many other medical men and to artists too. In his career, Vesalius’s cunning scalpel stripped numerous cadavers for students and urban grandees. With Karrer, Vesalius performed a public dissection, articulating Karrer’s skeleton.
Gifted to the university there, the skeleton was restored in 1985 and can be seen to this day at the Institute of Anatomy in Basel, Switzerland — one of the very earliest still-preserved articulated skeletons.
Why is it a Basel criminal who enjoys this distinction?
From Wikipedia’s library of De Humani illustrations.
Because in 1543, Vesalius was in that city* to work with printer Johannes Oporinus, even then publishing the physician’s magnum opus De Humani Corporis Fabrica. Vesalius personally transported to Oporinus the famously gorgeous and detailed woodcuts of Titian’s pupil Joannes Stephanus Calcarensis that made De Humani a smash hit in Vesalius’s own time and one of the most treasured artifacts of Renaissance scholarship.
Jirí Chmelnicek shot this footage in just-liberated Prague on May 10, 1945 of Czechs celebrating the end of World War II by doling out mistreatment — including a chilling mass-execution — to Sudeten Germans. It was the presence of that population, the reader will recall, that Berlin invoked to justify its occupation of Czechoslovakia.
Chmelnicek’s video only surfaced publicly in 2010: its images were far too sensitive to air closer to the Great War, especially while Czechoslovakia was under communist control. As Der Spiegel reported.
Chmelnicek’s film shows how the Germans were rounded up in a nearby movie theater, also called the Borislavka. The camera then pans to the side of the street, where 40 men and at least one woman stand with their backs to the lens. A meadow can be seen in the background. Shots ring out and, one after another, each person in the line slumps and falls forward over a low embankment. The injured lying on the ground beg for mercy. Then a Red Army truck rolls up, its tires crushing dead and wounded alike. Later other Germans can be seen, forced to dig a mass grave in the meadow.
We do not know who these people are. Considering the indiscriminate revenge visited on Sudeten Germans after the war, it is not likely that these several dozen souls were selected for their fate with care.
Nine men and one notorious women died at Tyburn on this date in 1726 at a more than usually raucous execution-day.
“At the Place of Execution, Map got himself loose, threw himself out of the Halter, and jump’d 3 or 4 Yards from the Cart, upon the Heads of the numerous Crowd of People, but the Officers following after him, wounded him with their Pikes, and the Executioner and some others soon brought him back again,” the Ordinary’s account remarked. “Vigous got himself free of the Halter also, which was immediately observ’d: Gillingham was the more desirous of Prayers, having the Night before taken Poyson, and conscious of his Guilt.”
And that’s just what was happening under the nooses.
Out in the audience,
Just before the Execution, a Scaffold that had been built near Tyburn, and had about 150 People upon it, fell down. A Snuff Box Maker in Castle-Street, and a Gentleman then not known, were, as ’tis believed, mortally Wounded; and about 12 other Men and Women, Maimed and Wounded in a most cruel Manner: Some having their Legs, others their Arms, &c. broke.
Some part of the Scaffold being left standing, the Mob gathered upon it again in Numbers; and in about Half an Hour more, that also fell down, and several were hurt. Soon after another Scaffold broke down, with about 100 Persons upon it; but the People that were damaged by it, being immediately carried off on Mens Backs, and in Coaches, we must defer the Particulars of that Mischief … (Daily Journal, May 10, 1726)
A mere three months before, this trio had been among dozens of men rounded up in a raid on London’s thriving “molly house”.
These establishments catered to what we might anachronistically call the gay scene of Georgian London — or the molly scene, if you like, from the slang term for effeminate, cross-dressing, or homosexual men encompassing a panoply of alternate sexual identities and preferences. What these behaviors “among Christians not to be named” had in common, of course, was the opprobrium of the surrounding world.
It being too notorious, that there are vile Clubs of Miscreants in and about this City, who meet to Practise and Propagate the detestable Sin of Sodomy, a Crime which drew down the flaming Vengeance of God upon the City of Sodom, in a Day when they had not that Light which we are bless’d with now, ’tis humbly propos’d that the following Method may not only destroy the Practice, but blot out the Names of the monstrous Wretches from under Heaven, viz. when any are Detected, Prosecuted and Convicted, that after Sentence Pronounc’d, the Common Hangman tie him Hand and Foot before the Judge’s Face in open Court, that a Skilful Surgeon be provided immediately to take out his Testicles, and that then the Hangman sear up his Scrotum with an hot Iron, as in Cases of burning in the Hand.
But what pleasures welcomed the man who was ready to wager his life! An informant reported from that same Mother Clap’s that he
found between 40 and 50 Men making Love to one another, as they call’d it. Sometimes they would sit on one another’s Laps, kissing in a lewd Manner, and using their Hands indecently. Then they would get up, Dance and make Curtsies, and mimick the voices of Women. O, Fie, Sir! – Pray, Sir. – Dear Sir. Lord, how can you serve me so? – I swear I’ll cry out. – You’re a wicked Devil. – And you’re a bold Face. – Eh ye little dear Toad! Come, buss! – Then they’d hug, and play, and toy, and go out by Couples into another Room on the same Floor, to be marry’d, as they call’d it.
Several such informers were stalking the city’s molly-houses in the 1720s, goaded (or forced) by both police and private bluenoses. One of the resulting court records notes that “[t]he discovering of the Molly Houses, was chiefly owing to a Quarrel betwixt Mark Partridge and – Harrington: For upon this Quarrel Partridge to be revenged on Harrington, had blab’d something of the Secret, and afterwards gave a large Information of a great many others.”
The saving grace for the twoscore arrestees at Mother Clap’s was that even in Bloody Code England, a fairly high bar was required to execute for same-sex sodomy: “penetratio, that is res in re“ (“thing in thing”)* — often quite difficult to prove.** As nobody had actually been caught in flagrante delicto, most of those initially arrested were simply released un-charged.
But the informants raise their scaly heads once more here: as they were themselves habitues of the molly circuit, they could provide firsthand eyewitness testimony about the acts of buggery several men had committed with them.
Five men were put on trial for their lives in April on the strength of accusations made by informants Mark Partridge, Thomas Newton, and Edward Courtney. The cases are described in some detail at Norton’s site: Gabriel Lawrence and William Griffin, both 43-year-old married men, were Mother Clap regulars who implausibly claimed to have no idea it was a molly house. (The place was a coffee shop/tavern.) Griffin actually lived there. Both these men were easily condemned but refused to the end to admit their proclivities to the Newgate Ordinary, and insisted that they had been framed.
Thomas Wright, seller of ale, had gone so far to set up his own molly house where he both slept with Newton, and procured Newton for his other customers. Wright, who “inclin’d to the Anabaptist-Way,” also said that Newton had perjured himself; nevertheless, he “could not deny his following this abominable Courses, only he refus’d to make particular Confessions.”
A third informant keyed two additional capital trials that didn’t end at Tyburn. George Kedger (Keger) and George Whittle (Whytle) both mounted much stronger defenses casting much greater doubt on the circumstances of their entrapment.
Charged with taking Courtney into his bed, Kedger contended that he had in fact resisted Courtney’s advances until the latter threatened to “swear my Life away”. Kedger was condemned, but pardoned. Whittle did still better by forcing his accuser to admit that he was a convict three times over and insinuating that rumors about his buggery were started by a disgruntled lodger. With a parade of character witnesses at his back, Whittle was acquitted outright.
* This was also the standard for same-sex rape; we’ve seen in these pages a man’s life hang on a question of just the tip.
** Attempted buggery — a charge which could result from making a sexual advance on another man that he rejected, or as a judicial punt when same-sex activity was afoot but no penetration could be proven — might land one a fine and a trip to the pillory. This was no mean sentence; the pillory could be quite a dangerous (sometimes lethal) ordeal for homosexuals or for anyone else.
Mother Clap herself, whose molly house we have referred to throughout this post, was also pilloried, not executed. Her eventual fate is not known; a marker in Holborn notes the former site of her famous establishment.
On this date in 1885, a vast concourse crowded into Morganfield, Ky. for the satisfaction of seeing the hated Mose Caton hang.
Caton was a Union County, Ky., farmer and cooper who married a widow to secure some land. And he seems like a catch! “Mose Caton seemed to be of the opinion that he had absolute power over the lives of his family,” this contemporaneous chronicler recorded. “The ethics of most people at the present day would prompt them to interfere if his treatment of his family should be practiced toward ordinary domestic animals.”
The poor widow Hester took to her new hubby’s thrashings like the Stanford prison experiment inmates and soon became a beaten, broken soul. Out in the boondocks, Caton had a free hand.
Disheveled and too frightened to speak, she ate in the corner, sat on a box separate from the rest of the family, slept on a filthy feather bed and absorbed any humiliation Mose cared to inflict on her … up to and including actually having Mose move his mistress right into the house, and having the mistress physically whip the wife. When Mose built a new house he gave the abused Hester the loft, into which household fire-boxes (rather than fireplaces) emptied their smoke. The woman lived in hell itself.
But she didn’t live there very long.
She died on Sunday, February 22.
As neighbors helped the next day to dress the body for burial, they saw written in the bruised flesh the terrible treatment Hester had endured … including a dreadful abrasion about the neck that looked for all the world like the mark of a cord about her neck.
Though the corpse was buried, reports of its condition soon led to its disinterment — bruised, oozing blood, visibly murdered.
“Mose Caton’s face was the most notable feature of the man. It might well be styled Mongolian in its principal characteristics. The rather scant chin whisker and mustache was the first requisite to this effect. Then the prominent cheek-bones; eyebrows, highest at the outside ends; and a deep sinister wrinkle, starting at the sides of the nostrils, and dropping down past the mustache, heightened the effect. His eyes, more yellow than grey, were not capable of shame, and yet they were not firm and steadfast. He could keep his eyes upon your face, but he could not look steadily into your eyes. His eyes would wander to your forehead, chin, cheeks, back to your eyes, and then away again all over your face.
“His forehead was high, but rather narrow, and retreated from the eyebrows back. The hair was black and slightly tinged with grey. He parted his hair on both sides, and a lock fell down the center of his forehead, not unlike the one commonly seen in the pictures of old Father Time. The ends of the rather long hair was tucked under like Secretary Lamar wears his hair. His clothing was of ordinary woolen goods. He wore a white shirt, and a celluloid turn down collar that was too small for him. He supplemented its length with a red ribbon, which ran through the front button-hole of his shirt collar and tied the ends of his celluloid collar together with the loose ends of the ribbon.” (Source)
“Have him at all hazards,” someone said, voicing the shocked sentiment of all present.
A posse of 25 somewhat fearful men — for Caton had a forbiddingly malevolent public reputation quite apart from the treatment of his spouse — was formed to arrest the tyrannical husband, along with the mistress and the boys. The Catons battened down the hatches and started firing. Their daughter Annie absorbed a breast- and bowel-ful of buckshot in the crossfire, a mortal injury. Only when the posse threatened to burn the house down did the besieged clan give up.
Even then, their trip to the lockup “was interrupted many times by bands of men on foot, emerging from the cypress forests in the icy wilderness, and demanding that the prisoners should be hung then and there.”
Authorities managed to keep the lynching sentiment at bay, but only just. Outraged locals were understood to stand ready to take matters into their own hands at any hint of excess delicacy or dawdling on the part of the judiciary. There were even rumors that an artillery piece had been procured to make certain matters should the need arise to assault the jail, and that the courthouse audience itself had several ropes in hand should it be called upon to issue its summary verdict.
When the jury announced that this would not be necessary, the onlookers bayed in bloodthirsty satisfaction at the sentence. Caton had scarcely a month yet to live, and this was not enough time to dissipate the hatred he had earned of his neighbors: there was an intent to hang Caton privately, but thousands of people pouring into Morganfield, Ky., made it clearly understood that they would riot and pull down the barrier if they were balked of their sight.
[O]n his return from Rochester, [Richard] Johnson brought with him a little girl, apparently about three years old.
This child he declared to be his by Mrs. [Ursula] Newman, and repeatedly demanded of her to acknowledge it, which she as often refused to do.
On Thursday afternoon he came into the dining room, the windows of which are in the rear of the house, and having locked the door by which he entered, and put the key in his pocket, again made the above mentioned demand. Another female was in the room, and heard the conversation which took place between them.
Mrs. Newman, perceiving that Johnson was more than usually excited, said to him “Good God, Johnson what are you going to do.” He replied “I am going to shew you that I am a man, you have imposed upon me too long.”
Mrs. Newman then called to the other female to open the door, which she could not do as Johnson had the key in his pocket.
Becoming frightened at his violence, Mrs. Newman opened one of the windows and sprang into the yard — from that went into a small room in the rear of the stair-case.
He followed her, threatening that if she did not acknowledge the child he would shoot her, and shortly after he discharged the pistol at her. She had the child hanging upon her left arm, in such a manner that Johnson could not take a fatal aim without wounding the child. He put one hand to the child, moved it out of the way, and with the other, clapping the pistol to her breast, discharged it.
Finding that the wound was not fatal, he ran up stairs, loaded the pistol again with several slugs, and returned.
At the first discharge a number of persons had rushed into the house; but on his returning, and declaring his intention of taking her life, and that if one shot did not do the work another should, they all took to flight.
The family however remained.
Johnson then made several attempts to take aim at Mrs. Newman, but was prevented by the resolution of her daughter, a girl of about eighteen years of age, who repeatedly thrust aside the pistol and prevented him.
After several attempts he discharged the pistol, but the daughter in pushing the weapon aside prevented the shot from taking the fatal effect intended, and the slugs were lodged in her mother’s arm.
The pistol burst in the discharge, shattering Johnson’s right hand and wounding the hand of the girl considerably. Since this tragical affair the daughter has not left her mother’s bedside, but has continued ever since to watch over her and to pay her every possible attention, notwithstanding the painful wound she has received. [she died that Saturday, two days after being shot -ed.]
At noon today Mrs. Newman was still alive, and in perfect possession of her senses, tho’ in extreme pain. The physicians think there is little hope of her recovery. The fatal wound was inflicted by the first discharge of the pistol. The ball passed through her body and lodged in the back, near the spine.
New York Evening Post, Feb. 7, 1829
Murder. — Susannah Anthony, a colored woman, was killed last night at about seven o’clock by Catharine Cashiere. The deceased gave a card party at the corner of Centre and Anthony street, at which there were 30 or 40 persons, all colored, and mostly penitentiary birds.
During the evening an agreement was made between Maria Collet and Catharine Cashiere, that they would have a quarrel with the deceased. They went into the room where she was and began some loud and abusive language, the deceased endeavoured to prevail on them to go away, and put her hands gently upon Cashiere to enforce her request, the latter thereupon drew a jack-knife, cut off deceased neck-handkerchief, & made two stabs at her.
The first wounded her hand with which she attempted to defend herself, and the second entered the chest and penetrated the heart. The blood spouted from the wound against the opposite wall, and the wounded woman fell and instantly expired. The murdress was secured and lodged in Bridewell.
A Coroner’s Inquest was held this morning at the house where the horrible deed was committed, and the verdict of the jury was, that the deceased came to her death by the wound of a knife, inflicted by the hand of Catharine Cashiere.
Hampshire Gazette, March 25, 1829
About half past ten, Richard Johnson and Catherine Cashiere were borught over from the Bridewell and placed near the fire place in the N.W. part of the room.
Johnson was immediately surrounded by several officers, with whom he appeared to converse in the most unrestrained manner. He seemed broken, but not contrite in spirit; and while anguish of mind was apparent, it was not seemingly of that character which is the beginning of true repentance.
The woman, however, was just the reverse in her deportment and appearance, and as soon as she was brought into court, she appeared considerably distressed and wept with great apparent emotion. But her tears were dried before the court came in; and she listened to her sentence with perfect composure though with due solemnity. She is a good looking young woman, with but a shade of the olive complexion, dark lustrous eyes, and rather an agreeable expression of countenance.
The sentence of Johnson was pronounced first. — On the usual question being put, “If he had any thing to say why sentence of death should not be pronounced according to law?” he addressed the Court as follows:
If your Honors please — I am asked, “what I have to say, why judgment of death should not be pronounced upon me?”
To this, I reply, to the judgment of the law, nothing.
A jury of my country has pronounced me Guilty; and there remains no discretion with the court, but to pronounce upon me the sentence of the law. But to the judgment of the world, I have much to say. I have been convicted of a crime, the bare recital of which causes humanity to shudder; — and it is a duty I owe to myself, while living, and to my memory when dead, that the circumstances of my offence should be fully explained.
Before entering into this detail, I must take this public opportunity, in the name of that Omniscient and All Merciful Being, who will hereafter pronounce His judgment, alike upon my judges and myself, of disclaiming any knowledge of the transaction of that fatal 20th of November.
I do not mean to impugn the decision of the jury; — the movements of the mind were beyond their power to penetrate; and hard as is my fate, I humbly bow to their verdict.
I cannot here enter fully into the details of my intimacy with the unfortunate cause of my own present awful situation. Duped and betrayed as I have been, into sorrow, despair, and lastly involuntary crime, I am unwilling, while living, to indulge in unavailing reproaches.
In life the deceased was the object of my tenderest affection, — an affection that her own unkind conduct seemed but to inflame, and that, baffled in its honorable purposes — expelled reason from her throne — and in its absence, led to the commission of the offence for which I am now to satisfy the offended community, by my own life.
Was I conscious of any moral guilt, at this result I should not repine. Accustomed throughout my life to respect the law, I have not now to learn that the blood of the murdered is alike a propitiatory sacrifice to the laws of God and man.
Convicted of the legal crime, I know my fate. For the moral offence, I have to answer to my conscience and my God; and that innate monitor tells me, that I stand before this Court and this community a legal, but not a moral murderer.
To my counsel, who have so ably, though vainly managed my defence, I tender my warmest thanks.
Of the Court I have but one request to make — that the period allowed me, to prepare for my impending fate, may be, as long as the law will permit.
His manner was firm and collected; his articulation deliberate and distinct; and he delivered himself with a studied oratorical air.
His Honor Judge Irving then pronounced his sentence as follows:
Richard Johnson, you have been found guilty by a jury of your country, of one of the greatest crimes a human being can perpetrate.
Instigated by evil passions, you have suddenly and with premeditated violence taken the life of a fellow being. Ursula Newman, the victim of your unbridled passions, was but shortly before the commission of this offence, the object of your strong attachment.
Yet that attachment not being based upon virtuous affection, has enkindled those furious passions, which have plunged you into guilt and have terminated in your destruction.
You stand a melancholy proof how speedy can be the transition from one licentious passion to another, and that vice is so all-absorbing in its nature that he who gives himself to its indulgence will eventually be led on to deeds of the greatest depravity.
The object for several years of your improper pursuit has at last perished by your hand. She has been hurried by you out of existence, without time allowed to her for preparation. Her children, some of whom are of very tender years, and who were entirely dependent upon her, have been deprived by you of their earthly support, and are now cast upon the world orphans and destitute.
I mention not these painful circumstances to harass your feelings, deeply as I trust they must be afflicted by these consequences of your crime. I dwell upon them for a better purpose. I would awaken your mind to a scene of its situation, with the hope of leading you to contrition. It is one of the most consoling principles of our religion, that however great are our offences, forgiveness will await the contrite, and that our Maker is as merciful as he is just.
The character which was testified of you on your trial, was that of being industrious in your habits, upright in your dealings, and kind in your general deportment — that you had been brought up to a reputable business, and which you was [sic] diligently pursuing for a livelihood. Young in life, had you only kept a vigilant guard upon your conduct, you had every think [sic] to hope.
The indulgence in one vice has blasted these expectations — has hurried you into the commission of an enormous crime, and has left you miserable and desolate.
While we pity you, public justice requires that you be held up an example and a warning to others. We would enjoin you not to be misled by the hope of escaping the fate which must so soon await you. The yielding to such hope, will only beguile your mind from that serious reflection which your present situation most solemnly requires.
What is left to you of life, is too short to be passed otherwise than in humble preparation for your future state. Let your thoughts be anxiously devoted to your religious duties; and while every thing is failing you here, let your reliance in penitence and humility of soul, be placed upon Him, who, in the deepest extremity, is able to console and to sustain you.
The sentence of the Court is, that you, Richard Johnson, be taken hence to the prison from which you last came, and from thence on Thursday, the seventh day of May next, to the place of execution, and there there, between the hours of seven in the forenoon and twelve at noon, you be hung by the neck till you are dead. May God prepare you for that awful event, and have mercy on your sou.
Catharine Cashiere, the colored girl, was then requested to stand up, and the Clerk put the usual question. She replied faintly, that she had nothing to say. The sentence of the court was then pronounced by Judge Edwards, as follows:
Catharine Cashiere — As you have been already informed, you are now arraigned at this bar for the purpose of receiving sentence of death.
Upon this solemn occasion it is proper that something should be said in vindication of the justice of the country, and with a view to awaken you to a realizing sense of your situation.
After a patient investigation of your case — after being zealously and ably defended by your counsel, a jury of your country have found you guilty of the crime of murder. In the circumstances attending the transaction, I can discover nothing to palliate your offence.
It is true that you were in a state of intoxication, but this in the eye of the law is no excuse. A contrary doctrine would be tantamoun to a letter of license to drunkards to depredate upon society with impunity.
Susan Anthony now lies in her cold and silent grave, bereft of life and all its enjoyments by your hands; and you must soon follow her to the silent mansions of the dead. By the laws of our country, by the laws of all countries, civilized as well as barbarous, the crime of murder is punished with death. As life is precious above all things, it is the bounden duty of those to whom is committed the safety of society, to take the most effectual measures for its protection.
Your situation is indeed an awful one.
At the early age of twenty-one, your existence will be brought to a sudden and violent end, a victim to the violated justice of the country. With earth and all its enjoyments, your connexion will soon cease forever, and you must go away, with all your imperfections upon your head, into the presence of your Maker.
Let me beseech you to devote the small remnant of your existence in preparing for this change.
Remember, and never let it be absent from your thoughts, that as you are indebted to him for your existence and all you have enjoyed here, so you must look to him for all you can hope for hereafter.
Before I proceed to sentence the prisoner, I conceive it to be my duty to address some remarks to this numerous audience, which most forcibly pressed themselves upon my attention during and since her trial.
Upon a former occasion, I expressed, from this bench, my sentiments upon the subject of the deplorable consequences attendant upon the facilities afforded in this city, for the vending of ardent spirits.
We were then called upon to sentence seven young men to the state prison, for killing one of our fellow citizens in a wanton and unprovoked manner, in the public streets. It appeared that prior to sallying out they had each been helped to seven or eight glasses of spirituous liquors by one of our licensed retailers; and that the crime was committed under the influence of the delirium necessarily consequent thereon.
During the present court we have been called to pass upon two cases of homicide, in one of which, both the prisoner and the deceased were at the time the offence was alledged to have been committed, in a state of beastly intoxication. And in the other, the case of the miserable being who is now arraigned at this bar, it was also proved by one of our licensed retailers, that he sold her on the night of the murder three or four glasses, although at the time she came into the store, she was so intoxicated that she staggered.
Thus prepared, in a state of mind thus phrenzied, this crime was committed.
If, as we are taught to believe, it is a crime to tempt as well as to be tempted, how can those hope to escape moral retribution, who hold forth lures to intemperance and by assisting to overthrow the reason of the vicious prepare them for the work of iniquity?
It is undeniably true, that a very large proportion of the crimes which are committed, are traceable either directly or indirectly to the influence of spirituous liquors; and I will add, that the poverty and wretchedness which prevails in society are to be ascribed more to this than all other causes united.
These facts are matters of notoriety, and yet the evil continues, spreading and extending a baneful influence.
In probing the sources of this evil we are met with the appaling fact that there [are] at this moment three thousand persons in this city, who are licensed to retail spirituous liquors. Licensed to pursue a calling the direct tendency and necesary consequences of which, is to ruin the health and deprave the morals of thousands of our fellow beings.
While such facilities are afforded for depraving morals and dethroning reason, is it matter of surprise, that “blood stained murder” stalks abroad among us. If the power of applying a correction was not in the hands of the people, if the government under which we live was independent of any superior to the will of the people, “if an enemy had done this thing,” there might be some excuse for us.
But as all power is either mediately or immediately derived from them, and is in their hands, as it is but necessary for them to will that a correction should be applied, and it will be done, how can we stand acuqitted in neglecting to apply a remedy.
In our ardent and headlong career through this world, in the pursuit of property or honor, let us pause for a moment to consider the cause of suffering humanity; let us devise the most judicious measures for the correction of this evil, and by a firm, united and determined concert of action, carry those measures into effect.
It is the cause of public justice, of public morals, and of suffering humanity, which demands our aid. Vain are all the expectations which are formed, of its being in the power of the ministers of justice to restrain the workers of iniquity — to stay the hand of violence, until this evil is corrected. Fifty are corrupted by ardent spirits, to where one is corrected by the law.
I will now proceed to the discharge of the last and most painful duty of the court.
Catharine Cashiere — Listen to your sentence. It is, that you be taken hence to the prison whence you last came, and that you be taken from thence on Thursday the seventh day of May next to the place of execution, and that between the hours of seven in the morning and twelve at noon of that day you be there hanged by the neck until you are dead. And may God have mercy on your soul.
There was no visible increase of emotion on the part of either of the prisoners, either during the time the Judges were speaking, or at the close of the concluding and awful sentence.
Both prisoners appealed to Enos Throop, the then-interim governor weeks after Martin Van Buren had resigned the post to serve in the cabinet of the newly-inaugurated President Andrew Jackson. Gov. Throop rejected both in separate letters directed to the sheriff imploring the prisoners’ jailers not to burden Johnson or Cashiere with any fanciful hopes of reprieve.
Albany, April 25, 1829
Sir, — I have received a petition for pardon, in behalf of Richard Johnson, in your custody, under sentence of death for murder, and have bestowed upon the case that attention which the importance and painful interest of the subject demand.
The killing was in the presence of witnesses, and the manner in which it was perpetrated is not a matter of doubt or dispute. It was done deliberately. The pistol was put in order and prepared for the occasion; it was twice discharged; and its contents were, each time, lodged in the body of the deceased.
The tragic deed was the result of a previous misunderstanding between the parties, of several days continuance; and the proximate cause, a personal struggle, commenced with angry feelings, and carried on with a sufficient interval before its fatal termination to accomplish the death of the miserable victim of his violence.
During several preceding days he exhibited those appearances of gloom, abstraction of mind, and depression of spirits, which indicate a bosom deeply agitated with violent passion, and a mind occupied with absorbing subjects.
It is urged in his favor, that his mind was deranged when the deed was done, — and that he had before sustained a good character, and was of an amiable and benevolent disposition.
The question of insanity was a matter in issue on the trial; and the jury, after hearing all the testimony, decided against him. — I see nothing in the evidence to induce me to doubt the correctness of their verdict in that respect.
His supposed amiable character, while it is evidence, in a doubtful case, to be duly weighed by the jury in pronouncing upon the intent, and appeals to our sympathy, does not afford a sufficient reason for arresting the course of Justice. It is in proof, however, upon this point, that he had lived in a licentious intercourse with this woman for several years, and their intimacy has, in the ordinary process of vice, terminated in the highest misdeeds.
The laws have pronounced his doom, and declared him a fit object of exemplary punishment; and I do not feel justified in interposing the Executive arm to defeat their politic ends.
I must therefore request you, to communicate to the wretched convict my decision, without delay, that he may prepare himself to meet his fate, and make his peace with his offended God.
I am respectfully, your’s [sic], &c.
Albany, May 4th, 1829
Sir — My attention has been recently called to the case of Catharine Cashiere, a coloured woman in your custody, under the sentence of death for the murder of Susan Anthony, also a colored woman.
On receiving a report of the trial from the presiding Judge, accompanied by affidavits, I at a former day attentively examined the case: but the respectability of the petition, which has been forwarded to me, through the praise worthy exertions of humane persons, in behalf of a friendless individual, has induced me to re-examine the case, and look, with scrupulous care, at the conclusion to which my mind has arrived.
All punishments are prescribed by the wisdom of our lawgives, for purposes of public good, and should not be dispensed with for light causes. It is a maxim drawn from experience, and sanctioned by sound reason, that laws restrain crime, not by the severity of their enactments, but by the certainty of their being enforced.
It was not intended by the framers of the Constitution to erect in the Executive a tribunal which shall arbitrarily dispense with those judgments of our courts, which are pronounced in strict conformity to the design of wise and prudent laws; but one which shall discreetly exercise its powers to favor the designs of the Legislature in tempering undesigned severities with the administration of justice.
With these views I have examined the case of Catharine Cashiere.
The facts as reported shew: That the convict came to the house of the deceased by invitation, and soon began to use indecent and profane language. She was requested by the deceased to go out, and did so. She returned again in a few minutes, resumed her ill conduct, and was again mildly requested to go out. — She refused to go, and used language shewing her determination not to go.
The deceased then gently laid her hand upon her, when the convict made three attempts to stab her with a knife, which she drew from under her apron. The two first attempts were ineffectual, but the last was made with much force and preparation, and the knife reached the heart of her victim.
It further appears that while she was absent from the room after the commencement of the affray, she was seen in a grocery kept in another part of the same house, with a knife in her hand. Whether she procured the knife then, or had it before, is not in proof, but the testimony affords good reason to believe that she there opened it and hid it under her apron, and returned to the room for the purpose of renewing the quarrel, and contemplating the dreadful catastrophe which ensued. — Here was positive proof of malice propense.
Although the design of murder was conceived after the quarrel was begun, yet the wrong was altogether on the part of the convict, and the interval of absence from the room was sufficient and was employed in deliberately contriving the execution of the bloody deed.
Independent of the common law doctrines of murder, stabbing is so odious that special statutory provisions exist, declaring designed stabbing which produced death to be murder without proof of malice.
It is declared by statute, “that if any person or persons shall stab or thrust any person or persons that hath not then any weapon drawn, or that hath not then first stricken, the party who shall so stab or thrust so as the person so stabbed or thrust shall thereof die within the space of six months then next following, although it cannot be proved that the same was done of malice aforethought, every such unlawful killing shall be adjudged, taken and deemed wilful murder.” Her case comes directly within this statute.
It is urged that she was insane, and that she was intoxicated. Drunkenness afford no excuse for crime. If it should, every species of crime, from arson and murder down to the smallest larcenies, would be perpetrated under that pretence. The facts in regard to her drinking were before the jury.
It is said that when she is intoxicated she is deranged: that is the natural effect of intoxication: but the law says, with great justice, that voluntary derangement shall not excuse crime.
Affidavits are presented to shew that when she was a child she received a hurt in her head which impaired the strength of her mind, and that when she is intoxicated she exhibits insanity which is supposed to result from the hurt in her head, and that the fact of the hurt was not proved on the trial. It is not satisfactorily proved that she ever manifested symptoms of insanity, except when she was under the influence of liquor.
Her conduct during the quarrel, from its commencement until its fatal termination, shews no evidence of insanity, nor that prostration of mind by liquor which totally extinguishes reason; but, on the contrary, it evinced a capacity to plan and execute her projects of revenge.
I therefore feel it a duty which I owe to the state, the execution of whose laws are entrusted to me, to deny the pardon solicited. You will therefore make known to the miserable culprit my determination, so that if she has cherished any hope from Executive clemency, she may dismiss it, and prepare her mind to appear before that high tribunal where there is no error in judgment and from which there is no appeal.
Your obedient servant,
Baltimore Patriot, May 9, 1829
From the New York Post of Thursday.
EXECUTIONS. — Richard Johnson and Catherine Cashiere, under sentence of death for murder, were this forenoon executed on Blackwell’s Island.
They were taken from the Bridewell a little after 8 o’clock, and conveyed to the gallows, accompanied by the Sheriff and a troop of horse, and followed by an assemblage of several thousands of men, women and boys, eager to witness the dying struggles of two of their fellow beings.
Early in the morning Broadway, opposite the Bridewell, was blocked up with spectators, so much so as to make it difficult for carriages to pass: and for a short time before the procession moved every avenue leading to the prison was completely closed.
We hope it will be the last time a similar opportunity will be afforded to gratify the idle curiosity of the populace of this large city. The revised laws provide that after the year 1829, all executions for capital crimes shall be performed in the yard of the prison where the convict is confined, in the presence of the proper officers.
We have just learned that the poor unfortunate wretches were turned off between 10 and 11 o’clock, from a gallows erected for the purpose on Blackwell’s Island, and that a great part of the procession were disappointed in witnessing the spectacle, not being able to procure boats to convey them across the river to the Island; and this perhaps was a fortunate circumstance, for we have heard that one of the few boats which were put in requisition, with twelve persons in it, was upset and before assistance could be rendered several were drowned.