Posts filed under 'Gibbeted'

1719: Richard Worley, pirate

Add comment February 17th, 2017 Charles Johnson

(Thanks to Captain Charles Johnson — perhaps a pseudonym for Daniel Defoe — for the guest post. It was originally Chapter XIII “Of Captain WORLEY, And his Crew” in Johnson’s magnum and only opus, A General History of the Pyrates.)

[Richard Worley‘s] Reign was but short, but his Beginning somewhat particular, setting out in a small open Boat, with eight others, from New-York. This was as resolute a Crew as ever went upon this Account: They took with them a few Biscuits, and a dry’d Tongue or two, a little Cag of Water, half a dozen old Muskets and Ammunition accordingly. Thus provided, they left New-York the latter End of September 1718, but it cannot be supposed that such a Man of War as this, could undertake any considerable Voyage, or attempt any extraordinary Enterprize; so they stood down the Coast, till they came to Delaware River, which is about 150 Miles distant, and not meeting with any Thing in their Way, they turn’d up the same River as high as Newcastle, near which Place they fell upon a Shallop belonging to George Grant, who was bringing Houshold Goods, Plate, &c. from Oppoquenimi to Philadelphia; they made Prize of the most valuable Part of them, and let the Shallop go. This Fact could not come under the Article of Pyracy, it not being committed super altum Mare, upon the High-Sea, therefore was a simple Robbery only; but they did not stand for a Point of Law in the Case, but easing the Shallop Man of his Lading, the bold Adventurers went down the River again.

The Shallop came straight to Philadelphia, and brought the ill News thither, which so alarm’d the Government, as if War had been declared against them; Expresses were sent to New-York, and other Places, and several Vessels fitted out against this powerful Rover, but to no manner of Purpose; for after several Days Cruize, they all return’d, without so much as hearing what became of the Robbers.

Worley and his Crew, in going down the River, met with a Sloop of Philadelphia, belonging to a Mulatto, whom they call’d Black Robbin; they quitted their Boat for this Sloop, taking one of Black Robin’s Men along with them, as they had also done from George Grant, besides two Negroes, which encreased the Company one Third. A Day or two after, they took another Sloop belonging to Hull, homeward bound, which was somewhat fitter for their Purpose; they found aboard her, Provisions and Necessaries, which they stood in need of, and enabled them to prosecute their Design, in a manner more suitable to their Wishes.

Upon the Success of these Rovers, the Governor issued out a Proclamation, for the apprehending and taking all Pyrates, who had refused or neglected to surrender themselves, by the Time limited in his Majesty’s Proclamation of Pardon; and thereupon, ordered his Majesty’s Ship Phoenix, of 20 Guns, which lay at Sandy Hook, to Sea, to cruize upon this Pyrate, and secure the Trade to that, and the adjoining Colonies.

In all probability, the taking this Sloop sav’d their Bacons, for this Time, tho’ they fell into the Trap presently afterwards; for they finding themselves in tolerable good Condition, having a Vessel newly cleaned, with Provisions, &c. they stood off to Sea, and so missed the Phoenix, who expected them to be still on the Coast.

About six Weeks afterwards they returned, having taken both a Sloop and a Brigantine, among the Bahama Islands; the former they sunk, and the other they let go: The Sloop belonged to New-York, and they thought the sinking of her good Policy, to prevent her returning to tell Tales at Home.

Worley had by this Time encreased his Company to about five and twenty Men, had six Guns mounted, and small Arms as many as were necessary for them, and seem’d to be in a good thriving sort of a Way. He made a black Ensign, with a white Death’s Head in the Middle of it, and other Colours suitable to it.* They all signed Articles, and bound themselves under a solemn Oath, to take no Quarters, but to stand by one another to the last Man, which was rashly fulfill’d a little afterwards.

For going into an Inlet in North-Carolina, to clean, the Governor received Information of it, and sitted out two Sloops, one of eight Guns, and the other with six, and about seventy Men between them. Worley had clean’d his Sloop, and sail’d before the Carolina Sloops reached the Place, and steered to the Northward; but the Sloops just mentioned, pursuing the same Course, came in sight of Worley, as he was cruising off the Capes of Virginia, and being in the Offin, he stood in as soon as he saw the Sloops, intending thereby to have cut them off from James River; for he verily believed they had been bound thither, not imagining, in the least, they were in Pursuit of him.

The two Sloops standing towards the Capes at the same Time, and Worley hoisting of his black Flag, the Inhabitants of James Town were in the utmost Consternation, thinking that all three had been Pyrates, and that their Design had been upon them; so that all the Ships and Vessels that were in the Road, or in the Rivers up the Bay, had Orders immediately to hale in to the Shore, for their Security, or else to prepare for their Defence, if they thought themselves in a Condition to fight. Soon after two Boats, which were sent out to get Intelligence, came crowding in, and brought an Account, that one of the Pyrates was in the Bay, being a small Sloop of six Guns. The Governor expecting the rest would have followed, and altogether make some Attempt to land, for the sake of Plunder, beat to Arms, and collected all the Force that could be got together, to oppose them; he ordered all the Guns out of the Ships, to make a Platform, and, in short, put the whole Colony in a warlike Posture; but was very much surprised at last, to see all the supposed Pyrates fighting with one another.

The Truth of the Matter is, Worley gained the Bay, thinking to make sure of his two Prizes, by keeping them from coming in; but by the hoisting of the King’s Colours, and firing a Gun, he quickly was sensible of his Mistake, and too soon perceived that the Tables were turned upon him; that instead of keeping them out, he found himself, by a superiour Force kept in. When the Pyrates saw how Things went, they resolutely prepar’d themselves for a desperate Defence; and tho’ three to one odds, Worley and his Crew determined to fight to the last Gasp, and receive no Quarters, agreeably to what they had before sworn; so that they must either Dye or Conquer upon the Spot.

The Carolina Men gave the Pyrate a Broadside, and then Boarded him, one Sloop getting upon his Quarter, and the other on his Bow; Worley and the Crew, drew up upon the Deck, and fought very obstinately, Hand to Hand, so that in a few Minutes, abundance of Men lay weltering in their Gore; the Pyrates proved as good as their Words, not a Man of them cry’d out for Quarter, nor would accept of such, when offered, but were all killed except the Captain and another Man, and those very much wounded, whom they reserved for the Gallows. They were brought ashore in Irons, and the next Day, which was the 17th of February 1718-19, they were both hanged up, for fear they should dye, and evade the Punishment as was thought due to their Crimes.

* The origin of the skull-and-crossbones design we commonly associate with pirates is murky, but Worley is often credited as one of the earliest to sail under it. -ed.

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Entry Filed under: 18th Century,Capital Punishment,Crime,Death Penalty,England,Execution,Gibbeted,Guest Writers,Hanged,History,Occupation and Colonialism,Other Voices,Piracy,Pirates,Public Executions,South Carolina,USA

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1735: Alice Riley, Savannah ghost

Add comment January 19th, 2017 Headsman

Savannah’s Wright Square got its haunt (and concomitant reputation as “the hanging square”) on this date in 1735 when domestic servant Alice Riley was executed for murdering her vicious master William Wise.

Illustration from the vignette in Historic Haunts of Savannah

The Irish import with a truly misfortunate indenture to a tyrannical farmer with a predilection for using his fists, Riley and a fellow-servant named Richard White snapped at the abuse one day the previous March and stuffed Wise’s head in a bucket of water until he drowned.

As best this writer can discern, much of what else is said on various Riley biographies appears to be embroidery and conjecture; the circumstances invite the most lurid of inferences but we don’t really know much about the relationships among the two killers and their victim.

Whatever the case, other Savannah grandees thought little enough of Wise — but they also all had help of their own who ought not get any funny ideas from the example. The couple was tracked down and prosecuted, although Alice extended her lease on life by pleading her belly. A few weeks after delivering a little boy whom she named James, Alice Riley was hauled to Wright Square (then known as Percival Square) and publicly hanged as she protested her innocence and begged to see her child. The gibbet brandished her remains at passing servants there for three full days.

Although they finally took down the corpse, her spirit has never been at peace. Riley’s specter allegedly still appears around Wright Square as a frantic woman who accosts passersby about her lost child.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,England,Execution,Georgia,Gibbeted,Hanged,History,Milestones,Murder,Occupation and Colonialism,Public Executions,The Supernatural,USA,Women

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1441: Roger Bolingbroke, “hanged, hedyd, and quartered”

Add comment November 18th, 2016 Headsman

On this date in 1441, the astrologer and mathematician Robert Bolingbroke was put to death as a wizard.

Bolingbroke had the ill luck to attach to the household of the Duchess of Gloucester at a juncture where it was politically convenient to destroy her; we have previously examined this affair through the person of Margery Jourdemayne, the Witch of Eye who with Roger Bolingbroke and a third man, Thomas Southwell, produced a horoscope for the Duchess prophesying King Henry VI‘s imminent demise — which was a bit on the nose for the king when he found out about it since at that moment the Duke of Gloucester would have stood to succeed him as king.

This exercise was nothing but an occult diversion, the medieval aristocracy’s equivalent of the Ouija board, but in the hands of enemies it became a treasonable plot for regicide. It forced the Duchess’s fall, divorce, and perpetual imprisonment — but what it forced for the commoners who scried the stars on her behalf was considerably worse. In the words of the Chronicle of London, Roger Bolingbroke

was taken for werchynge of sorcery ayens the king, and he was put into the Tour; and after, he was brought into Poules, and there he std up on high on a scaffold ageyn Poulys crosse on a Sonday, and there he was arraied like as he schulde never the in his garnementys, and there was honged rounde aboughte hym alle his intrumentis whiche were taken with hym, and so shewyd among all the peple; and after he was broughte to-fore the lordys, and there he was examyned; and after broughte to the Yeldehalle, and there he was regned aforen the lordes of the kynges counseill and to-fore alle the juges of this land; and anon after, the lady of Gloucestre afornseid was mad to apere thre sondry dayes afore the kyng and alle his lordes spirituell and temperell; and there she was examyned of diverses poyntes of wicchecraft, of the whiche she knowleched that she hadde used thorugh the counseil of the wicche of Eye, the whiche was brent on the even of Symond and Jude in Smythefeld.

In this yere my lady of Gloucestre hadde confessyd here wichecraft, as it is afornseid, she was yoyned be alle the spiritualte assent to penaunce, to comen to London fro Westminster on the Monday next suynge and londe at the Temple brigge out of here barge, and there openly barehede with a keverchef on hir hede, beryng a taper of wax of ii lb. in here hond, and went so thorugh Fletstrete on here foot and hoodless unto Poules, and there she offred up here taper at the high auter; and on the Wednesday nest suenge she com fro Westminster be barge, unto the Swan in Tempse strete, and there she londyd, and wente forthe on here feet thorugh Brigge strete, Graschirche strete, to the Ledenhalle, and so on Crichirche in the wyse aforensyd; and n Fryday she londed at Quen hithe, and so forth she wente into Chepe, and so to Seynt Mighell in Cornhull, in the forme aforenseid; and at iche of the tymes the mair with the schirreves and the craftes of London were redy at the places there she sholde londe:* and after, Roger the clerk aforenseyd, on the Satirday, that is to sey the xviii day of Novembre, was brought to the Yeldehalle, with sire John Hom prest, and William Wodham squyer, the whiche sir John and William hadden there chartres at that tyme; and the clerk was dampned, and the same day was drawe fro the Tour of London to Tiborn, and there hanged, hedyd, and quartered, and the heed sett upn Londn bregge; and his oo quarter at Hereford, another at Oxenford, another at York, and the fourthe at Cambregge; and the lady put in prison, and after sent to Chestre, there to byde whill she lyvyth.

* For present-day readers, this humiliating public penitential procession reminds of Cersei’s walk of atonement on Game of Thrones; however, the actual inspiration for this scene was the affair of a later 15th century Englishwoman, Jane Shore.

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Entry Filed under: 15th Century,Capital Punishment,Death Penalty,England,Execution,Gibbeted,Hanged,History,Intellectuals,Power,Public Executions

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1922: Ali Kemal

1 comment November 6th, 2016 Headsman

On this date in 1922, Anglophile Turkish politician Ali Kemal (English Wikipedia entry | Turkish) was lynched by a nationalist mob at Izmit during the Turkish War of Independence.

Though he is even to present-day Turkey the iconic traitor, it would be more generous to take him as the prophet of a future stillborn in the whirlwind of war.

Although he was of their generation, just a few years older than the “Three Pashas”, Kemal was not at all of their ethno-nationalist outlok. A cosmpolitan with a Circassian mother and a British wife — Kemal happens to be the great-grandfather of British pol Boris Johnson* — Kemal clashed with the Young Turks’ political organ and consequentially found European exile more congenial for much of the run-up to World War I. His book Fetret anticipates an inclusive, liberal, and westernized Ottoman Empire. It was a dream that shellfire pounded into mud, and not only for the Ottomans: these were years for national chauvanism run amok.

Politically sidelined within Turkey as the Young Turks steered the empire into war and genocide, Kemal re-emerged post-1918 — when the former empire lay supine before its conquerors — as a minister of state not merely acceptable to the Allied occupation but actively collaborating in its objectives. (Quite impolitic was his co-founding The Association of the Friends of England in Turkey even as England was occupying Istanbul and carving up the defeated empire.)

It is from this that his reputation as a Quisling figure derives, though there is little cause to believe that Kemal undertook these actions in anything other than a spirit of sincere public-service. The fact that he did so under the aegis of foreign domination, however, underscores the futility of his position: that Anglo-friendly, polyglot Turkey of his imaginings was not in the cards.

He and the nationalists were anathema to one another now, and though he resigned from the government in 1919 his university position gave him a platform to continue writing and lecturing against the Ataturk’s growing Turkish National Movement. Curiously, he did not join the sultan in flight from Turkey when the nationalists took the capital in hand and abolished the sultanate. Instead he was arrested having a placid shave at a barber shop by minions of Gen. Nureddin Pasha. The Nov. 13, 1922 New York Times described the horrific aftermath:

Ali Kemal Bey, editor of the anti-Nationalist newspaper Sabah, who was arrested at Ismid on the charge of subversive actions, was killed by a mob after having been officially condemned to death.

He was taken before General Nureddin Pasha who pronounced the death sentence dramatically: “In the name of Islam, in the name of the Turkish nation, I condemn you to death as a traitor.”

Ali Kemal remained passive, uttering no word of protest. His hands tied, he was led to a scaffold.

Before he reached the gibbet, however, an angry mob of women pounced on him, attacking him with knives, stones, clubs, tearing at his clothing and slashing at his body and head with cutlasses.

After a few minutes of excruciating torture, the victim expired. His body was dragged through the streets by the mob and exposed to public gaze on the scaffold for several hours.

The editor’s death has caused profound resentment and emotion in Constantinople, where he was known as one of Turkey’s most enlightened and most impartial citizens.

* Johnson, the former Mayor of London and (as of this writing) Britain’s Secretary of State, embraces this part of his ancestry but things were a little touchier when the Ottoman Empire and British Empire took opposite sides in World War I: at this awkward juncture, Ali Kemal’s English in-laws Anglicized his children’s names, using the surname of his late wife’s mother — Johnson.

Kemal also had a Turkish son by a subsequent marriage; his grandsons via that line, Boris Johnson’s cousins, are a major Istanbul publisher and a Turkish diplomat.

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Entry Filed under: 20th Century,Bludgeoned,Borderline "Executions",Capital Punishment,Death Penalty,Execution,Gibbeted,History,Intellectuals,Lynching,No Formal Charge,Occupation and Colonialism,Ottoman Empire,Politicians,Public Executions,Summary Executions,Turkey,Wartime Executions

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1607: Jan Le Loup, Maastricht werewolf

Add comment November 5th, 2016 Headsman

A Dutchman known as Jan Le Loup (John the Wolf) was burned at the stake on this date in 1607 as a werewolf.

In a Europe where wolf attacks were still a real threat, the werewolf superstition waxed in partnership with the witch superstition. “Werewolf witch trials” form a distinct subspecies of the regular old witch trial; one of them even constitutes the maiden post of this here execution blog and it’s not very difficult to imagine predatory megafauna terrorizing a region could be attributed supernatural powers; the occultist Montague Summers devoted a whole book to plumbing the records of bygone werewolf cases for evidence of genuine lycanthropy.


This illustration of Beast of Gevaudan, a notorious man-eater from the 1760s, looks like the animal leaped straight out of hell. (via this fantastic Pinterest gallery)

Werewolves could likewise be rolled up via the familiar machinations of the witch-hunter. In John the Wolf’s case, he was accused out of the trial against Henry Gardinn of having used their transmogrifying beast personas to devour a child in Limburg. Gardinn burned in 1605; John was able to flee to Heusden but was recognized in 1607 and returned to Maastricht for the inevitable.

Though John tried claiming that Henry’s indictment had been to revenge himself for an altercation between the two, torture soon changed The Wolf’s story and placed he, Gardinn, and a third companion into a forest coven with a devil-avatar with whom they danced and feasted on human flesh.

After execution, his remains were exhibited on a pole surmounted by a wooden illustration of a werewolf.

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Entry Filed under: 17th Century,Burned,Capital Punishment,Death Penalty,Execution,Gibbeted,History,Murder,Netherlands,Public Executions,The Supernatural,Torture,Witchcraft

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1767: Thomas Nicholson, hung in chains

Add comment August 31st, 2016 Headsman

On August 31, 1767, Thomas Nicholson hung in chains at Carleton for murdering his godfather Thomas Parker — a sort of god-parricide.

And we would tell you all about this (rather banal) crime and the (extremely interesting) lineage of the hanging-in-chains punishment that has decorated our pages as it once did the English (and American) byways with gibbets … but Stephen Lewis at the interesting blog The Wild Peak has already taken care of all that. Read his post on Nicholson here.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Gibbeted,Hanged,History,Murder,Public Executions

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1741: Prince, Tony, Cato, Harry and York

Add comment July 3rd, 2016 Headsman

On this date in 1741, according to Daniel Horsmanden’s relentless chronicle of his pursuit of the great New York slave conspiracy “Duane’s Prince, Latham’s Tony, Shurmur’s Cato, Kip’s Harry, and Marshalk’s York, negroes, were executed at the gallows, according to sentence; and the body of York was afterwards hung in chains, upon the same gibbet with John Hughson.”

Seventeen days have here elapsed since the most recent executions, but despite the lull in corpses New York’s high court has not rested its guard.

Those seventeen days consume 43 pages of Horsmanden’s journal. Roughly half of that space consists of confessions or “confessions”: it was by now obvious that this was the path to safety, and the colonial governor confirmed same by publishing on June 19th an amnesty “offer[ing] and promis[ing] His Majesty’s most gracious Pardon to any every Person and Persons, whether White People, free Negroes, Slaves, or others, who had been or were concerned in the said Conspiracy, who should on or before the first Day of July then next, voluntarily, freely and fully discover, and Confession make, of his, her or their Confederates, Accomplices, or others concerned in the said Conspiracy”

And so Horsmanden’s document grows heavy with lifesaving auto-denunciations. For late June and the first days of July alone we read

Confession of Mink, Negro of John Groesbeck, Before the Grand Jury.

The Confession of Tom, Ben. Moore’s Negro, Before the Grand Jury.

Confession of Wan, Indian Man of Mr. Lowe, Before the Grand Jury.

Confession of York, Negro of Marschalk’s.

Confession of London, Negro of Marschalk’s.

Confession of Pompey, Negro.(Mr. Peter De Lancey’s.) Before One of the Judges.

Confession of Caesar (Alderman Pintard’s) Negro, Before One of the Judges.

Confession of Cato, Col. MOORE’s Negro, Before One of the Judges.

Confessions of several Negroes, Before one of the Judges.

Confession of Starling, Mr. S. Lawrence’s Negro, Before one of the Judges.

The Confession of Quack, WALTER’s Negro. By an unknown Hand.

Confession of Dundee (TODD’s) Negro. Taken by a Private Hand.

Confession of London, (Mr. French’s) Negro, Taken before his Master by a private Hand.

Confession of Jack, (J. Tiebout’s) Negro, Before Alderman BANCKER.

Confession of London, a Spanish Indian (Wynkoop’s) Before one of the Judges.

Confession of Brash, Mr. PETER JAY’s Negro, Taken before one of the Judges.

Confession of Tom, (SOUMAIN’s) By a private Hand.
Examination & Confession of Jack, Mr. Murray’s Negro, Before one of the Judges.

Examination and Confession of Adam, Negro of JOSEPH MURRAY Esq;. Taken before one of the Judges.

Confession of Harry, KIP’s Negro, under Conviction. Before one of the Judges.

Confession of Cato, Mr. Shurmur’s Negro, under Conviction. Before one of the Judges.

Confessions taken this Day by Mr. Nicholls and Mr. Lodge, of the Fifteen following Negroes.

Confessions of the four following Negroes taken by Mr. George Joseph Moore.

Confession of Emanuel, a Spanish Negro, belonging to Thomas Wendover. Taken by a private Hand.

Confession of Cajoe, alias Africa, (GOMEZ’s) By a private Hand.

Confession of Tom, Mr. R. LIVINGSTON’s Negro: Before one of the Judges.

Confession of Pedro (DE PEYSTER’s Negro.) By John Schultz.

Confession of Jeffery (Capt. Brown’s) and Mars (Benson’s) Negroes: Before the Grand Jury.

Confession of Scotland, Mr. MARSTON’s Negro, Before one of the Judges.

Confession of Braveboy (Mrs. KIERSTEDE’s) Before one of the Judges.

Confession of Windsor (Samuel Myers Cohen’s Negro) Taken by John Schultz.

The Confessions of the seven Negroes following, taken by Mr. Nicholls and Mr. Lodge.

Minutes of Othello’s Examination & Confession, Taken before one of the Judges the 29th & 30th June.

Confession of Sam, Negro of Col. FREDERICK CORTLANDT, Before one of the Judges.

The eight following Negro Confessions were taken this Day by Mr. Nicholls and Mr. Lodge.

As each in turn named his names, the city hall’s cellar gaol grew overcrowded with plotters, some hundred or more in total as June ended. “Between the 19th and this day,” Horsmanden remarked in his June 27th entry, “there were upwards of Thirty Slaves more added to [the dungeon], insomuch that the Jail began to be so thronged, ’twas difficult to find Room for them.”

[W]e were apprehensive, that the Criminals would be daily multiplying on our Hands; nor could we see any Likelihood of a Stop to Impeachments; for it seemed very probable that most of the Negroes in Town were corrupted.

The Season began to grow warm, as usual; and … ’twas feared such Numbers of them closely confined together, might breed an Infection.

The spiraling investigation was not only a risk to public health: slaves were valuable property, too valuable to put to the torch without excellent cause. In New York Burning, Jill Lepore estimates that New York had perhaps 450 or so adult black men at this point, and about 200 of them were at some point implicated in the sedition. Horsmanden wasn’t kidding when he fretted “most of the Negroes in Town.”

Facing a potential bloodbath of truly horrifying expense, New York at this point began to pull back — it’s cold comfort to those still doomed like today’s quintet, but today’s mass hanging puts the affair onto the downslope.

On July 1 the colony’s chief justice, James De Lancey, returned from a mission mediating a Massachusetts-Rhode Island boundary dispute that had kept him away from New York for several months.

During De Lancey’s absence the entire progress of the arson scare and its subsequent investigations had unfolded. It had been spearheaded by a junior justice,* our correspondent Daniel Horsmanden.

Horsmanden compiled his The New York Conspiracy, or the History of the Negro Plot in 1742, and was keen to vindicate himself in an event that had obviously become controversial to his contemporaries — so Horsmanden’s account tends to efface the personal role of Horsmanden himself in preference to the institutional authority of the court as a whole.

Nevertheless, to a very great extent the judicial proceedings that turned New York upside-down in 1741 were Horsmanden’s own baby. He’s the chief investigator and interrogator; the confessions above taken “before one of the judges” were taken before Horsmanden. Others he won indirectly (“JOHN SCHULTZ made Oath, That whereas by the Judge’s Orders he took a Confession in Writing from the Mouth of Pedro …”) or secured for open court as a consequence of his private interrogations. A few times he even refers in the third person to actions of the “City Recorder”, which was a municipal office that Horsmanden himself also held.

Not incidentally, Horsmanden was also a man on the make: an arriviste English gentleman induced to try his fortune in the New World after meeting ruin in the South Sea Bubble. De Lancey, by contrast, was fruit of New York’s wealthiest family and an experienced hand in colonial politics. He’s too smooth to have given us a paper trail, but the space between the lines suggests that De Lancey may have returned to bring Horsmanden’s ship into the shore.

On July 2, the chief justice sat in court for the first time in this affair, ordering “Will, WARD’s Negro” to burn without wasting time on a trial. Indeed, although our series is not yet at its end, the negro plot trials are virtually finished once De Lancey returns; his court thereafter opens its daily proceedings only to adjourn, or to collect the pro forma guilty pleas and submissions to mercy of fresh batches of slaves — few of whom are now suffered to submit new confessions that would inevitably denounce new victims. The De Lancey court’s chief business becomes throttling down, emptying its docket, and arranging its inconvenient and unsanitary legion of basement prisoners for release or penal transportation.

But there were still loose ends to tie off, and the credibility of the court could scarcely admit abrupt reversals of what had already transpired.

Despite the amnesty, York (Marschalk’s),** Harry (Kip’s) and Cato (Shurmur’s) all happened to be convicted on the 19th. Discovering hours too late that the governor had extended his reprieve offer that very day, they immediately tried to clamber into safe harbor by admitting what they had already been condemned for — “THAT what was said against him at the Trial Yesterday, was true” — “That all that the Witnesses testified against him in Court on his Trial was true” — “THAT all the Witnesses who spoke against him at his Trial, spoke the Truth.” But that wasn’t good enough to save them, since their confessions post-conviction were not free and voluntary discoveries.

Tony and Prince, who shared their gallows but with whom this author would better share a foxhole, were proud and steely enough to venture a trial on June 26th in the midst of the amnesty window. It was a potential mass trial save that 12 other co-defendants opted out of simply by submitting confessions. Our two holdouts faced a cavalcade of slave accusations supplemented by the white arch-accuser Mary Burton and “asked the Witnesses no material Questions; upon their Defence, they only denied what had been testified against them.” New York executed these courageous men, of course.

According to Peter Zenger’s Weekly Journal (July 6, 1741), none of those executed on June 3 “acknowledg’d any Guilt; but by their Prevarications their Guilt appear’d too plain than to be deny’d” — a fine barometer of the prevailing climate — and one (unspecified) slave survived his execution and “after he had hang [sic] the common Time, or rather longer, when he was cut down, shew’d Symptoms of Life, on which he was tied up again.”

* Horsmanden was actually 12 years older than De Lancey, but outranked by De Lancey in stature and precedence.

** Another of Marschalk’s slaves named London was convicted along with York, Harry, and Cato — and subsequently confessed under exactly the same circumstances as his three hanged mates. It is unclear from Horsmanden’s record why London was spared but York was not merely hanged but gibbeted; one wonders whether the double financial hit to Mr. Marschalk might not have been the consideration — and if so, whether the master had to make an off-the-record Sophie’s choice between his men. Whatever the case, London was among a large number of slaves recommended on July 4 for transportation which had the effect of ridding New York of their seditious presence while also allowing their owners to recoup their sale value.

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Entry Filed under: 18th Century,Arson,Botched Executions,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Gibbeted,Hanged,History,Mass Executions,New York,Occupation and Colonialism,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,Treason,USA

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1378: Pierre du Tertre and Jacques de Rue, Charles the Bad men

Add comment June 21st, 2016 Headsman

On this date* in 1378, Jacques de Rue and Pierre du Tertre, aides to King Charles II of Navarre, were beheaded at Les Halles.

Both men were casualties of their devious master’s most recent betrayals, part of a career that had honed the double game to nearly sadistic precision.

Navarre spent the latter half of the 14th century fouling up alignments in the Hundred Years’ War by constantly switching his allegiances between England and France. Come the 1370s, he was supposed to be on team France — having paid homage to the French king in 1371 — but was still conniving with the English whose expeditions might one day apply enough pressure to force France to restore him some lost domains.

The last great plot of the man contemporaries knew as Charles the Bad really fell apart in the spring of 1378 when the French detained en route to Normandy Jacques de Rue and Pierre du Tertre, two emissaries of Charles’s “criminal entourage”. They carried coded messages** confirming that Navarre was not only back to scheming with the English, but that he was trying to orchestrate the assassination of the French king by means of poison — plots that Jacques confirmed under torture.

France retaliated by attacking its disloyal partner’s Norman holdings and by year’s end the whole region had been chopped up between the French and the English, never to return to Navarrese hands. His retainers were put to death and their corpses strung up on Montfaucon.

This was the humiliating end to the political life of Charles the Bad: reduced to a client king dominated by France (to his north) and Castile (to his south). It would soon find its parallel in the horror ending of his actual life on New Year’s Day 1387:

Charles the Bad, having fallen into such a state of decay that he could not make use of his limbs, consulted his physician, who ordered him to be wrapped up from head to foot, in a linen cloth impregnated with brandy, so that he might be inclosed in it to the very neck as in a sack. It was night when this remedy was administered. One of the female attendants of the palace, charged to sew up the cloth that contained the patient, having come to the neck, the fixed point where she was to finish her seam, made a knot according to custom; but as there was still remaining an end of thread, instead of cutting it as usual with scissors, she had recourse to the candle, which immediately set fire to the whole cloth. Being terrified, she ran away, and abandoned the king, who was thus burnt alive in his own palace.

* There are some cites for May 21 out there, but the sourcing on June appears stronger to me, and references to the men’s interrogations and trial run to June. The beheading is also referred to as having taken place on a Monday, which fits June 21 (but not May 21) in 1378.

** According to CryptoSchool this is one of the oldest known documents in the history of cryptology. Devised personally by Charles of Navarre, its gambit was to “move the names of princes, castles and cities to other names not their own.” (Chronique Normande)

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Entry Filed under: 14th Century,Attempted Murder,Beheaded,Capital Punishment,Death Penalty,Execution,France,Gibbeted,History,Nobility,Notable for their Victims,Politicians,Public Executions,Spies,Torture,Treason,Wartime Executions

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1741: John Hughson, Sarah Hughson and Peggy Kerry, “so abandoned to confederate with Slaves”

1 comment June 12th, 2016 Headsman

On this date in 1741, “John Hughson, Sarah his wife, and Margaret Kerry, were executed according to sentence” for the slave conspiracy to burn New York.

They were the first white people executed in the affair, and when their 16-year-old indentured servant Mary Burton first described a plot to fire the city hatched by thronging slave conclaves at the Hughsons’ tavern, the by the account of the court’s officer Daniel Horsmanden, it “was most astonishing to the Grand Jury … that any white People should become so abandoned to confederate with Slaves in such an execrable and detestable Purpose.”

Whether there ever really was an execrable and detestable Purpose or whether white New Yorkers convinced of the arson plot were just chasing ghosts, nobody can say with certainty. But the Hughsons most definitely did confederate with slaves. The keeper of a dockside tavern on the Hudson, Hughson catered to the colony’s lower strata: both blacks and poor whites frequented the place, and for the criminal element among them Hughson kept up a side business as a small-time fence of stolen goods.

Back in 1738, the Hughsons had moved to that location from the South Ward — driven, one infers, by complaints of a previous neighbor that they “kept a very disorderly House, and sold Liquor to, and entertained Negroes.” Three of those Negroes were the slaves Caesar, Prince and Cuffee, who in January of 1738 had been busted for breaking into another tavern in town and carrying away the gin … an incident that by 1741 their prosecutors were characterizing as the germ of a years-long plot to orchestrate the annihilation of New York.*

The keystone to the 1741 wave of prosecutions — the break in the case, from the standpoint of the court — occurred on April 22, when Burton provided the Grand Jury a damning description of her master and mistress as the kingpins of a murderous cabal. Burton swore

That Caesar, Prince, and Mr. Philipse’s Negro Man (Cuffee) used to meet frequently at her Master’s House, and that she has heard them (the Negroes) talk frequently of burning the Fort; and that they would go down to the Fly(d) and burn the whole Town: and that her Master and Mistress said, they would aid and assist them as much as they could.

That in their common Conversation they used to say, that when all this was done, Caesar should be Governor, and Hughson her Master should be King.

That Cuffee used to say, That a great many People had too much, and others too little; That his old Master had a great deal of Money, but that, in a short Time, he should have less, and that he (Cuffee) should have more.

That at the Meetings of the Three aforesaid Negroes, Caesar, Prince, and Cuffee, at her Master’s House, they used to say, in their Conversation, That when they set Fire to the Town, they would do it in the Night, and as the white People came to extinguish it, they would kill and destroy them.

Up until that point, the court had a suspicion of an arson campaign, based on a series of fires that looked like a pattern but might have been coincidental. Burton’s deposition gave that suspicion tangible shape, and structured all the proceedings to follow. And in her telling, it all started with Hughson, Hughson, and Kerry.

It was a story that fit what the judges would know or believe about them: besides the Hughsons’ underclass and criminal connections, the Hughsons’ Irish lodger Peggy Kerry was Caesar’s lover and the mother of his infant son. “She was a person of infamous character, a notorious prostitute, and also of the worst sort, a prostitute to negroes,” Horsmanden sneers in the introduction he wrote to his compendium of proceedings.

“Here is laid the foundation of the characters of Hughson and his family, which will afford frequent occasion of enlarging upon; and from such a hopeful earnest the reader may well expect a plentiful harvest.”

Peggy Kerry, that “Newfoundland Irish beauty,” now came under relentless pressure to corroborate Mary Burton. Prostitute to Negroes or no, she was badly needed to add credibility (and leal certainty) to Burton’s charge.

Jailed and facing the prospect of execution, she nevertheless stubbornly refused every blandishment to adhere to Mary Burton’s version of events — a version that would surely doom her friends the Hughsons and her lover Caesar.

She paid the last price or her obstinance. Arthur Price, the jailhouse snitch who eventually doomed Cuffee, entered the case by telling investigators that Peggy said to him all the stuff they wanted her to say to them.

[Price asked] What, Peggy; were you a going to set the Town on fire? And she made Answer, She was not; but said, by God, since I knew of it, they made me swear: Upon which the Deponent asked her, Was John and his Wife in it? (meaning John Hughson and his Wife) And she answered Yes, by God, they were both sworn as well as the rest. Then the Deponent asked her, if she was not afraid that the Negroes would discover her? And she said, No; for Prince, Cuff and Caesar, and Forck’s [Vaarck’s] Negro [Caesar] were all true-hearted Fellows.

And by the way, she added,

for your Life and Soul of you, you Son of a Bitch, don’t speak a Word of what I have told you.

Whether or not Peggy Kerry really did say all this incriminating stuff to her fellow dungeon denizen, Price’s report laid her in the magistrates’ trap. Now she was already the second witness, via Price — and without the benefit of leniency that she could have procured by talking herself. The pending conspiracy charge dangled over her head.

Finally, on May 7, she made a too-little, too-late grab at mercy by describing plotters meeting not at the Hughsons’, but at the house of a nearby cobbler, John Romme. Heartbreakingly, she put the father of her son into the scene: she had abandoned any hope of saving him.

This half-confession, as the magistrates saw it, only redounded against her for upon interrogation Elizabeth Romme denied everything (John Romme had left, or fled, town). Romme’s place was a dead end in the investigation but Kerry’s saying it confirmed that she was privy to something about the plot — something she might still be withholding. “From what had hitherto come to Light concerning this Mystery of Iniquity, it was scarce to be doubted, but Peggy had it in her Power to unfold a great deal more,” Horsmanden remarks in his entry for May 14. “Though what Peggy had already disclosed seemed to merit something; yet it was not altogether satisfactory; and ’twas thought proper she should be arraigned upon the Indictment for the Conspiracy, upon the Supposition that this Step might probably be a Means of bringing her to a Resolution of making a full Discovery of what she knew.”

For the next weeks, the court routed around the intransigence of its would-be star witness, and increasingly made her prospective evidence irrelevant. There was Arthur Price’s deposition, to begin with; to this crown’s evidence was added witnesses we have already met in the trials of the other other men: Sandy, Sarah, Fortune. There were the desperate “confessions” extorted from Quack and Cuffee at the stake.

John Hughson, who was being fitted for the halter, could see what was up. With his wife and now his daughter as well both in jail, Hughson asked on June 1 to see Daniel Horsmanden, “to open his Heart to them, and they should know more.” What deal was he hoping to cut? Could he extricate himself? Would he trade his own life to save his family?

We don’t know, because Horsmanden made it clear in their interview that not John Hughson nor Sarah Hughson nor Peggy Kerry had an ounce of leverage remaining.

[I] reproached him with his wicked Life and Practices, debauching and corrupting of Negroes, and encouraging them to steal and pilfer from their Masters and others; and for shewing his Children so wicked an Example, training them up in the High-Way to Hell: He further observed to him, that his Wife, and Peggy, then stood convicted of a Felony for receiving stolen Goods of Negroes; and that now nothing remained but to pass Sentence of Death upon them, and to appoint a Day for their Execution for that Fact; but that it was now determined, that he, his Wife and Daughter, and Peggy, should also be tried for being confederated in this most horrible Conspiracy; that the Evidence would appear so strong and clear against them in this Particular, that there was little doubt of their being all convicted upon that Head also; that it would appear undeniably that he was a Principal, and head Agent in this detestable Scheme of Villany; the chief Abettor, together with the rest of his Family, of this execrable and monstrous Contrivance for shedding the Blood of his Neighbours, and laying the whole City in Ashes, upon the Expectation of enriching himself by such an inhuman and execrable Undertaking: He therefore admonished him, if he would entertain the least Hopes of recommending himself to the Mercy of God Almighty, before whose Tribunal he must soon appear, that he would ingenuously tell the Truth, and lay open the whole Scene of this dark Tragedy, which had been brooding at his House; and discover the several Parties he knew to have been engaged in it; in doing which he would make some Attonement for his past Villanies, by preventing that Slaughter, Bloodshed and Devastation which he and his Confederates had intended.

Disabused of any hope, Hughson “put on a soft smiling Air of Innocence” and “declared, he knew Nothing at all of any Conspiracy; and called God to witness his Protestations, that he was as innocent with respect to that Charge as the Child unborn, and also his Wife, Daughter, and Peggy for aught he knew.” He would go to trial with those three on June 4.

That proceeding was a walkover, as Horsmanden had predicted. Mary Burton was the star witness against her former master and mistress, with Arthur Price’s account of Peggy Kerry’s confessions thrown in for good measure.

Following these came a litany of the Hughsons’ current and former white neighbors who damned the Hughson house as a regular haunt of the city’s black population — that “a Cabal of Negroes” was frequently entertained, that Peggy had been seen serving them and both the Hughson mother and daughter danced shamelessly with them, that “whole Companies of Negroes [were] playing at Dice there.”

The real evidence here still rested only upon Mary Burton’s allegation as supported by Arthur Price. But from the trial preceding the court had already fixed that story through the flesh of other men. That others who had hanged and burned already were known to congregate at the Hughsons’ did the necessary work to finish John Hughson, “whose Crimes have made him blacker than a Negro; the Scandal of his Complexion, and the Disgrace of human Nature!”

Such a Monster will this Hughson appear before you, that for sake of the Plunder he expected by setting in Flames the King’s House, and this whole City, and by the Effusion of the Blood of his Neighbours’ — He — Murderous and Remorseless He! — counselled and encouraged the Committing of all these most astonishing Deeds of Darkness, Cruelty, and Inhumanity. — Infamous Hughson! —

Gentlemen,

This is that Hughson! whose Name, and most detestable Conspiracies will no doubt be had in everlasting Remembrance, to his eternal Reproach; and stand recorded to latest Posterity, — This is the Man! — his, that Grand Incendiary! — That Arch Rebel against God, his King, and his Country! — That Devil Incarnate! and chief Agent of the old Abaddon of the infernal Pit, and Regions of Darkness.

These are the rhetorical fulminations of the prosecuting attorney, William Smith, who surely deserves a plaque in that profession’s hall of fame for bridging the distance from some NIMBYing neighbors to the logic and the rhetoric of a witch trial. Hell … just the fact that Hughson had the effrontery to show up and defend himself only went to show what a monster he was.

Was not this Hughson sunk below the Dignity of human Nature — Was he not abandoned to all Sense of Shame and Remorse! — To all Sense of Feeling the dreadful Calamities He has brought on this City, and his fellow Creatures; He would from a Consciousness of his own Guilt. — His monstrous Guilt! — be so confounded, as not able to look up, or stand without the greatest Confusion of Face, before this Court and Audience; but would openly confess his, and the Rest of his wretched Confederates Guilt, and humbly ask Pardon of God, the King, and his injured Country.

And so they died. Of course they died.

Sarah Hughson, the 17-year-old daughter, was spared her sentence. Over the next weeks her orphaned life would be a litany of execution dates imposed and then delayed, trading time for cooperation that Sarah was very reluctant to provide. In whatever combination her age, her sex, and her skin — for as a white person, her evidence had privilege over the allegations of “pagan Negroes” in trials yet to come — would eventually procure her pardon.

But on June 12, her parents and their misfortunate friend Peggy Kerry all went to the gallows. (Not to the pyre, the fate of the black slaves convicted for the conspiracy.) Horsmanden spares for these major trophies a longer narration of their Passion, though this turns out to consist in large measure of Horsmanden complaining one last time how Peggy Kerry didn’t spare any of her last moments to finally give him what he wanted.

The under-sheriff had often advised John Hughson, to make a cofession about the conspiracy, but he always denied he knew any thing of the matter; said he had deserved death for receiving stolen goods. The wife was ever sullen; said little or nothing, but denied all.

The sheriffs observed John Hughson, when he was brought out of jail to be carried to execution, to have a red spot on each cheek, about the bigness of a shilling, which at that time thought very remarkable, for he was always pale of visage: these spots continued all along to the gallows. Amongst other discourse it seems he had said, he did not doubt but some remarkable sign would happen to him, to show his innocence; concerning which more will be observed upon hereafter.** He stood up in the cart all the way, looking round about him as if expecting to be rescued, as was by many conjectured from the air he appeared in: one hand was lifted up as high as his pinion would admit of, and a finger pointing, as if intending to beckon.

At the gallows his wife stood like a lifeless trunk, with the rope about her neck, tied up to the tree; she said not a word, and had scarce any visible motion.

Peggy seemed much less resigned than the other two, or rather unwilling to encounter death; she was going to say something, but the old woman who hung next to her, gave her a shove with her hand, as was said by some, so Peggy was silent.

But they all died, having protested their innocence to the last, touching the conspiracy.

This old woman, as it has been generally reported, was bred a Papist; and Peggy was much suspected of the same persuasion, though perhaps it may seem to be of little significance what religion such vile wretches professed.

From the scanty room in the jail for the reception of so many prisoners, this miserable wretch, upon her conviction with the Hughsons for the conspiracy, was put in the same cell with them; which perhaps was an unfortunate incident; for though she had to the time of their trial screened them from the charge of the conspiracy; yet there was reason to expect, that upon the last pinch, when she found there was no hopes of saving her own life if she persisted, the truth as to this particular would have come out; and indeed it was upon this expectation, that she was brought upon trial for the conspiracy; for her several examinations before set forth, and what Arthur Price had sworn to have dropt from her in accidental talk in jail, had put it beyond doubt, that she was privy to many of the Hughsons’ secrets concerning this detestable confederacy; but when she was admitted to the Hughsons, under the circumstances of conviction and condemnation for the conspiracy, they most probably prevailed with her to persevere in her obstinacy, to the end to cover their own guilt, since they were determined to confess nothing themselves; and they might drive her to desperation by subtle insinuations, that the judges she saw after they had picked all they could but of her, whatever expectations she might have raised from her confessions, or hopes she flattered herself with of saving her life upon the merit of them; yet after all, she was brought to trial and condemned for the conspiracy, as well as they; and why should she expect pardon any more than they: and by such like artifices it is probable they might stop her mouth, and prevent her making further discovery; and not only so, but then of course prevail with her to recant, as to what she had confessed already.

John Hughson endured the posthumous indignity of being gibbeted in chains, on an island† alongside the already-rotting corpse of his former boon companion Caesar — who had hanged fully a month before.

As an unseasonably hot summer emerged in the weeks ahead, Horsmanden would later report how “Hughson’s Body drip’d and distill’d very much, as it needs must, from the great Fermentation and Abundance of Matter within him,” bloating to “Gigantick” proportions until at last “Hughson’s Corps unable to contain its Load, burst and discharged Pails full of Blood and Corruption” to the disgust of some nearby fishermen “to whom the Stench of it was very offensive.” The progress of this revolting fermentation was one reason guessed by “amused” New Yorkers for a queer phenomenon, that as they dangled in their manacles,

Hughson was turned Negro, and Vaarck’s Caesar a White; and when they came to put up York in Chains by Hughson (who was hung upon the Gibbet three Weeks before [and not yet exploded from his fermentation -ed.]) so much of him as was visible, viz. Face, Neck, Hands and Feet, were of a deep shining Black, rather blacker than the Negro placed by him, who was one of the darkest Hue of his Kind; and the Hair of Hughson’s Beard and Neck (his Head could not be seen, for he had a Cap on) was curling like the Wool of a Negro’s Beard and Head; and the Features of his Face were of the Symmetry of a Negro Beauty; the Nose broad and flat, the Nostrils open and extended, the Mouth wide, Lips full and thick, his Body, (which when living, was tall by the View upwards of six Feet, but very meagre) swell’d to a Gigantick Size; and as to Caesar (who, tho’ executed for a Robbery, was also one of the Head Negro Conspirators, had been hung up in Chains a Month before Hughson, and was also of the darkest Complexion) his Face was at the same Time somewhat bleach’d or turned whitish; insomuch that it occasion’d a Remark, That Hughson and he had changed Colours.

* In New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, Jill Lepore — who believes that the “plot” was fictitious — unpacks a confusing part of the 1737-1738 backstory that might help us straddle the space between reality and fantasy in this strange case.

Lepore suggests that the city’s controversial Freemasons club, which was then prominent enough for active parody in the city’s press, led John Hughson to form a mock secret society at his cronies’ saturnalias whose joke “initiations” had downtrodden friends and even casual acquaintances boozily (but jestingly) vow to torch the city. During the (actual or perceived) arson wave of 1741, New York’s court would read a far more sinister intent to this sort of talk, and there are consequent references in the trial records to a “three-year conspiracy.”

** Much later in his narrative, Horsmanden gets around to an indeterminate speculation that the red spots on John Hughson’s cheeks might have been the product of his attempting to cheat the executioner with an insufficient poison. Evidently this was a rumor abroad in New York, though Horsmanden doubted the truth of it.

† The gibbet stood “near the powder-house,” which places it on a small island — long since gobbled up by the metropolis — within the marshes of Collect Pond. That’s around the present-day park named for Thomas Paine, which is just south of what’s now Collect Pond Park and at the time stood outside of the city’s main settlement.

Once an essential source of fresh water for Manhattanites, Collect Pond soon became overtaxed by the growing population and polluted by its use as a common sewer, devolving into a foetid slough. This public health hazard was destined for a grand future in New York’s crime annals, for once it was filled in the streets above it became New York’s legendary underworld nest, the Five Points. They were also the original site of The Tombs prison, which had structural problems from its outset due to land subsiding into the buried quagmire.


The Powder House, marked on a 1766 map of New York. (See large original version here.)

Part of Corpses Strewn: New York’s Slave Conspiracy of 1741.

On this day..

Entry Filed under: 18th Century,Arson,Businessmen,Capital Punishment,Common Criminals,Death Penalty,Disfavored Minorities,England,Execution,Gibbeted,Hanged,History,New York,Occupation and Colonialism,Power,Public Executions,Racial and Ethnic Minorities,Terrorists,Treason,USA,Women,Wrongful Executions

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1743: John Breads, Rye killer

Add comment June 8th, 2016 Golde Singer

On this day in 1743, John Breads met his fate on the gallows in the small Sussex town of Rye, on the south coast of England. The spectacle of his hanging was compounded by the subsequent use of the gibbet, a cage in which Breads’s body was left exposed to the elements in Gibbets Marsh for more than 20 years.

On the face of it, this was just another hanging in the dustbin of history, but author Paul Kleber Monod uses it as the focal point of a book, The Murder of Mr. Grebell: Madness and Civility in an English Town (review | another), in which he wraps Rye, the murder and the execution into the social structures of England (especially small-town England) of the 18th century.

Although the murder itself is a small part of Monod’s book, he nonetheless outlines two aspects of the Breads story which make it worth a look by readers of Executed Today:

  1. the issue of fairness in the handling of the trial and execution; and
  2. the killer’s attempt to assert “mental distraction”

The facts of the murder itself seem fairly straightforward, although a little quirky, since the whole affair was apparently a case of mistaken identity: James Lamb, the then-mayor of Rye, was invited to dinner on March 16, 1743, to celebrate the appointment of his son John to the customs service. Lamb was feeling ill that day and asked his brother-in- law, Allen Grebell, to attend the dinner in his place. As Grebell was returning home after the event, he was attacked and stabbed in the churchyard by John Breads; although Grebell was able to make it back to his home, he died that night from his wounds.

When Breads was arrested for the murder, he claimed he had intended to kill Lamb, not Grebell. Monod points out that, since Lamb was related (albeit by marriage) to the victim, normal procedure would have been to move any hearing or trial to another jurisdiction, or at least allow an independent jurist to preside over the case. Breads’s assertion that Lamb was the intended victim should have given the Mayor even more reason not to be involved.

Instead, he insisted on keeping the trial in Rye and compounded the irregularity by acting as both prosecutor for the grand jury and as judge for the trial, thus ignoring judicial standards relating to conflict of interest. Additionally, one description of the trial claims that Lamb testified during the trial itself; if this is true, Monod says, such testimony was a breach of common law, which dictated that judges could not testify in cases over which they were presiding.

Monod introduces a commentary by Rye resident and lawyer Henry Dodson, who questioned whether Breads had received a fair trial in light of Lamb’s actions:

How fair a Tryal, the Prisoner had, I leave the Reader, to determine after he is informed, the above Mr. Lamb, was Mayor, Coroner, Party Prosecuting, Judge, Witness and Sheriff, in Presenting, Trying and Executing the said John Breads.

I suppose, he was Mayor, Coroner, and Sheriff, as essentiall, to the office of Mayoralty; Party and prosecutor, as Brother in Law to the Unfortunate good Gentleman, that was Killed; and Judge, and Witness out of Zeal, in getting the Prisoner proved Sane …

Dodson seemed to feel that Lambs involvement in the case was just a little too personal, and the fact that Breads was gibbeted after his execution might lend some credence to that idea. Gibbeting, Monod points out, was not usually a punishment imposed by a judge, but rather by royal order, and it was generally reserved for the most serious of killers.

But Monod puts the trial into a larger social context, suggesting that

the trial of John Breads bears a message about how the law operated in the 18th century [and] stands as an example of how authority might assert itself aggressively and unrestrainedly. The last word belonged to the judge … a kind of paternalism based on the social (and hence moral) inequality between defendant and judge. It was the opinion of the magistrate that counted.

[This] system reflected a social and political structure in which authority had been concentrated in a few hands, usually by inheritance … Breads had little chance of escaping the most extreme form of retribution.

The second point of interest in the Breads trial was that it stood at the cusp of a new understanding of insanity in the commission of crimes.

This is a mere replica of the Breads gibbet on display at the Rye Museum, but the town council still has possession of the original, skull and all. It’s reported to be a highly sought gawk, but it can only be seen by special arrangement.

Although Breads originally claimed his plan was to kill the mayor, he changed his tune at the trial, where he was reported as having said that “if he had committed the Fact, he knew nothing of it, for it was done when he was in Distraction … In short, he affected Madness …” (Kentish Post, June 1-4, 1743)

Or, in today’s parlance that would fitfully develop, “Not guilty by reason of insanity.”

Insanity had been a legitimate defense for years, but the definition of insanity was very much in flux at this time. Doctors suggested that madness was due to a mental defect rather than possession by an evil spirit and lawyers were pushing the idea that homicide required “malice aforethought,” while many average citizens still believed that those who were mad were in the grip of the devil.

Monod proposes yet another possibility by putting the question into a sociological context: “Insanity does not operate randomly,” he writes. “It cannot separate a sufferer from the social context in which he or she exists.”

For Breads, whose upbringing had been closely tied to his church, that context included unsuccessful attempts in the late 1600s by religious purists to wrest control of Rye’s government and economy from the wealthy secular class, and the antagonistic feelings that remained from the abject failure of that effort and the perceived religious persecution that followed it. Breads was no doubt influenced by that antagonism, Monod suggests, and those feelings “may have alienated him from the way the town was governed … [He] wanted to vent his rage on the oligarchs.” As a result, “Even in his madness, Breads was trapped by his own history and that of his native town.”

Whatever the source of Breads’ “distraction,” it did him no good. But it did become one piece of a serious conversation about the issue — a conversation which has continued for centuries.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Diminished Capacity,England,Execution,Gibbeted,Guest Writers,Hanged,History,Murder,Other Voices,Public Executions

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