Posts filed under 'Wrongful Executions'

326: Crispus and Fausta, incestuous lovers?

Add comment July 23rd, 2016 Headsman

On an uncertain date perhaps around late July of 321,* the Roman emperor Constantine the Great had his son and also his wife mysteriously put to death.

It’s mysterious because besides execution, Constantine had a damnatio memoriae passed over his former family to bury any record of their sins in Time’s obscurity. These edicts didn’t always work … but in this case, if there were any ancient who dared to record what happened, that illicit account did not survive its journey from antiquity.

But it was surely a shocking scandal in its time.

Crispus was Constantine’s first-born son and very much in the father’s favor. He was the child of a wife or concubine named Minervina. In 307, Constantine put this woman aside to make a more politically expedient marriage to Fausta, the daughter of Diocletian‘s retired-now-unretired co-emperor Maximian who with his son Maxentius held sway in Italy at that moment of the Roman Tetrarchy‘s ongoing collapse.**

Although Crispus didn’t offer his dad much in this situation by way of family alliances, Constantine kept him in his favor — by all appearances grooming him as an heir. Call it paying it forward: as a young man, Constantine himself had been in a similar position when his father Constantius dumped Constantine’s peasant mother in favor of an imperial marriage. That moment might have strangled a world-historic career before it even began, but Constantius instead chose to keep Constantine in paternal good favor.

So it went with Crispus — for a while.

In 317, Constantine, now emperor in the western part of the empire,† made Crispus Caesar; the boy ruled in Gaul and Germania for several years, thrashing barbarian tribes as he ought. Dad, meanwhile, was maneuvering towards victory over his eastern opposite number Licinius, with Crispus contributing an important naval victory in 324.

The young man (in his twenties at this time; his precise year of birth is uncertain) seemed on his way to a scintillating future.


Bronze coin from the mint of Rome depicting Crispus.

Things went pear-shaped suddenly in 326 when his father had him executed without any kind of warning that survives in the scant records available to us — and not only Crispus, but also Constantine’s own wife, that Fausta whose marriage might have threatened the boy’s status.

We don’t know why but the rumor as trafficked by the much later Byzantine historian Zosimus suggests a possible Parisina and Ugo scenario: “He put to death his son Crispus, styled Caesar, on suspicion of debauching his mother-in-law Fausta, without any regard to the ties of nature … [and] causing a bath to be heated to an extraordinary degree, he shut up Fausta in it, and a short time after took her out dead.”

It is down to conjecture what one ought to make of this nth-hand scandal-mongering; for impugning someone’s character one can hardly do better than an incest accusation. The story does appear to fit the few available facts, however, and Fausta was much closer in age to Crispus than to Constantine. It might also be noteworthy that three of Fausta’s sons went on to become Emperor and one daughter Empress but none of them ever rehabilitated mom.

Damned memory be damned, Crispus was rediscovered during the Renaissance and favored with several dramatic renditions embellishing the young man as a tragic hero, often with speculation that he was wrongly condemned to Constantine’s everlasting shame.‡ The events surrounding Crispus’s death being almost entirely obscured, writers could really go nuts with it; for example, Sir Walter Scott‘s Count Robert of Paris (set in Constantinople during the Crusades) features the story of an entirely fictitious penance built into subsequent Byzantine execution rituals by a remorseful Constantine:

But the death-blow had no sooner struck the innocent youth, than his father obtained proof of the rashness with which he had acted. He had at this period been engaged in constructing the subterranean parts of the Blacquernal palace, which his remorse appointed to contain a record of his paternal grief and contrition. At the upper part of the staircase, called the Pit of Acheron, he caused to be constructed a large chamber, still called the Hall of Judgment, for the purpose of execution. A passage through an archway in the upper wall leads from the hall to the place of misery, where the axe, or other engine, is disposed for the execution of state prisoners of consequence. Over this archway was placed a species of marble altar, surmounted by an image of the unfortunate Crispus — the materials were gold, and it bore the memorable inscription, TO MY SON, WHOM I RASHLY CONDEMNED, AND TOO HASTILY EXECUTED. When constructing this passage, Constantine made a vow, that he himself and his posterity, being reigning Emperors, would stand beside the statue of Crispus, at the time when any individual of their family should be led to execution, and before they suffered him to pass from the Hall of Judgment to the Chamber of Death, that they should themselves be personally convinced of the truth of the charge under which he suffered.

* Approximate times around the spring and summer of 326 have been proposed by various authors based on the very vague allusions of ancient sources. This author argues that we can more precisely triangulate Crispus’s fall by Constantine’s 326 journey from his new capital in the east to Rome: an imperial mint traveled with him, striking coins as it went — and some of those coins show Crispus. His presence there indicates that Crispus must have been alive as the procession reached Rome on July 21, 326, but he disappears from them immediately thereafter.

** The History of Podcast narrates this period, with Constantine’s rise into political relevance in episode 130.

† The Tetrarchy was still tetrarching along pending Constantine’s victory over all: the system featured separate senior emperors East and West each dignified Augustus, and each Augustus had a junior fellow-emperor and heir titled Caesar. Constantine was Augustus of the West, and Crispus was a Caesar.

‡ Fausta tends to get somewhat shorter shrift than her putative lover. Crispus’s presence in the literary culture would appear to make him the namesake of the Boston American Revolution martyr Crispus Attucks. African-descended men in North America often carried Roman names, though “Crispus” was by no means a common one.

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Entry Filed under: Ancient,Arts and Literature,Capital Punishment,Death Penalty,Execution,History,Italy,Notably Survived By,Put to the Sword,Roman Empire,Royalty,Scandal,Sex,Soldiers,Uncertain Dates,Women,Wrongful Executions

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1834: Catherine Snow, the last hanged in Newfoundland

Add comment July 21st, 2016 Headsman

The last woman executed on Newfoundland hanged on this date in 1834.

Historical novel about Catherine Snow.

Born Catherine Mandeville, Catherine was seven children into an audibly-to-the-neighbors combative marriage with John Snow when Snow disappeared in 1833, leaving behind only a splatter of blood on his Salmon Cove fishing stage.

Though the corpse was never found, the inference seemed clear enough — and the suspects were obvious: Catherine Snow, her cousin and lover Tobias Manderville, and a household servant named Arthur Spring. But the whether the crown ever converted reasonable suspicion into proof sufficient to justly hang Catherine Snow was controversial then and remains so today.

Now, if all three did go in together on a murder plot, it was one which signally neglected adequate planning for the police investigation that was sure to follow.

Manderville and Spring were arrested on suspicion of murder, and they were not long in jail befoe Spring summoned the sheriff to announce that “we killed him; Manderville and myself, and Mrs. Snow” — shooting him dead and sinking him into the Atlantic with a grapnel. So, no code of silence here. Soon, Manderville and Spring were each accusing the other of being the guy who pulled the trigger when they went out to murder John Snow together. However the matter of the trigger finger might weigh in their afterlives, it was juridically irrelevant to their fate in Newfoundland.

Catherine Snow was supposed to have initiated this conspiracy and certainly her violent marriage would have given her ample motivation to do so — perhaps a far stronger motivation than the men had. The inference strengthened by Snow’s changing her story to police, and then by her fleeing her home when she heard about Spring’s jailhouse revelation.

But she could never really be shown to have been present at the murder nor proven to have clearly conspired in it, and to the discomfiture of all she insisted on maintaining her innocence all along. “There is no direct or positive evidence of her guilt,” attorney general James Simms admitted to the jury. (Source) “But I have a chain of circumstantial evidence to show her guilt.” The jury convicted her.

Manderville and Spring hanged in the provincial capital of St. John’s mere days after the trial in January of 1834.

Snow had a substantial reprieve: she was pregnant.

For six months Newfoundland was abuzz with the case while Catherine Snow came to term, bore her putative victim a posthumous son named Richard, and nursed him in his infancy. Was she really guilty? And guilty or no, could they bear to leave her months to bring new life into the world only to orphan it?

Catherine Snow did not offer the sizable crowd of onlookers any peace of mind when she mounted the scaffold on Duckworth Street on July 21, 1834. “I was a wretched woman, but I am as innocent of any participation in the crime of murder as an unborn child.”

CNN reporter Mary Snow is a descendant of Catherine Snow.

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Entry Filed under: 19th Century,Canada,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Milestones,Murder,Public Executions,Women,Wrongful Executions

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1741: Othello, Doctor Harry, and five other New York slaves

Add comment July 18th, 2016 Headsman


New-York Weekly Journal, July 20, 1741.

On this date in 1741, six slaves named Othello, Quack, Venture, Frank, Fortune, and Galloway were hanged, and a seventh, “Harry the Negro Doctor”, burned — all casualties of the ongoing investigation into the purported slave plot to torch colonial New York.

A truly horrific day in the city’s history. However, as we have noted in our entry about the last prior mass execution of this affair, these July bloodbaths surprisingly turn out to be all about the court extricating itself from a potentially limitless investigation into the servile classes.

With the return of the Chief Justice James De Lancey from New England on the first day of the month — taking control of the court from the implacable inquisition of his junior partner Daniel Horsmanden — the whole judicial momentum turns away from compounding arrests upon accusations and towards disposing of cases already in hand and tying up loose ends.

But there were a lot of loose ends … and some of them could only be tied up with hemp.

For some of the nearly 100 slaves in the city dungeon when De Lancey returned, the evidence was so scanty that they were outright released. Most of the rest were disposed of through an almost shameless wink-nod arrangement: the slaves pleaded guilty to the terrorist plot (vindicating the court’s diligence, and also the blood it had already shed), and in exchange were not executed but approved for convict transportation (sparing life and limb for the slaves, and financial injury for the owners).* Almost every weekday the court would open nominally in a proceeding against six or ten or twelve black men and women only to hear all plead guilty and promptly adjourn upon the court’s recommendation of mercy. Under “inbox zero” De Lancey, these people were not pressed to name more names, and when they did so those potential new arrestees were often left unmolested. (We shall arrive shortly at a notable exception.)

On July 15, 1741, De Lancey actually held court. True, there were 14 more Negroes, “most of which had been made Use of as Witnesses,” who were on this occasion recommended for pardon and sale abroad. But our doomed seven plus an eighth man, Tom, were the last ones in the jail who were refusing to plead guilty. (Tom was convicted with the rest, but his sentence was abated.)

It reads like a principled stand but if so, their integrity was unequalled by their trial strategy. They simply “said nothing material in their Defence, but denied all alledged against them.”

Unfortunately with everyone singing from De Lancey’s hymnal as the price of their own necks, there were a good many witnesses prepared to alledge. For this trial, six black slaves described the accused hanging around arch-plotter John Hughson, “talking about the Conspiracy to set the Town on Fire, and to kill the white People.” Besides the slave evidence, two white people also denounced the prisoners: Mary Burton, the Hughsons’ former servant whose ever-growing became the ubiquitous crown witness in all cases; and, William Kane, an Irish soldier who had been named as the plot’s inside man at the fort by the slave Will when the latter burned at the stake.

Kane was just the second white person in all this time to join Mary Burton on the prosecution’s witness list — and he was obtained with chilling ease.

The very night that Will burned, July 4, Kane was taken up. Examined the next day he denied knowing anything about the plot or even where Hughsons’ tavern was located.

But, Horsmanden recorded in his journal of the proceedings, “while Kane was under Examination, the Under-Sheriff came and informed the Judges, that Mary Burton had declared, that she had often seen him at Hughson’s, amongst Hughson, his Wife, &c. and the Negroes, when they were talking of the Conspiracy, and that he was one of the Confederates.”

A dramatic moment ensued, gut-wrenching even in Horsmanden’s few sentences.

Chief Justice De Lancey, “who was a Stranger to the Transactions concerning the Detection of the Conspiracy” and could therefore still be shocked by the casual way this teenager rolled into her conspiracy stories whomever some frightened prisoner had recently implicated, “thought proper to admonish the Witness in an awful and solemn Manner, concerning the Nature of an Oath, and the Consequences of taking a false one, more especially as it affected a Man’s Life.”

Would the girl fluster under this magisterial caution? Would De Lancey himself dare to press it so far as to discredit the one witness his court had depended upon for prosecuting the conspiracy thus far?

No. “She answered, she was acquainted with the Nature of an Oath very well, and that she would not take a false one upon any Account.” De Lancey dropped the point, and Mary Burton was sworn in, saying

That she had seen the said Kane at Hughson’s very often, talking with Hughson, his Wife and Daughter, Peggy Salingburgh alias Kerry, Caesar, Vaarck’s; Galloway, Rutgers’s; Prince, Auboyneau’s, and Cuffee, Philipse’s, Negroes; and the Discourse amongst them was, That they would burn the Town; the Fort first, the Governor and all his Family in it, and kill all the white People; and that she heard the said William Kane say, that he would help them all that lay in his Power.

Kane, “his Countenance changed, and being near fainting,” called for a glass of water. Kane was no fool, and when the court explicitly confirmed to him “the Danger he was in, and told [him] he must not flatter himself with the least Hopes of Mercy, but by making a candid and ingenuous Confession” he duly swallowed the draught prepared for him — albeit “after some Pause” and “tho’ at the same Time he seemed very loth to do it.” There was no way out — not for the court, not for Mary, and not for Kane — but for the soldier to corroborate her story. He numbly did so, although one would rather know how he spoke about this episode of his life under the seal of the confessional.

There is a deadening similarity to these stories, of course; it is not merely retrospective interpretation that surfaces the perverse incentives newly-arrested slaves faced — it is remarked a few times via the comments of slaves themselves in Horsmanden’s own record. “Moore’s Cato advised him and Pedro, to bring in many Negroes, telling Pedro, that he would be certainly burnt or hanged if he did not confess,” in one description … “but that if he brought in a good many, it would save his Life; for he had found it so himself; and must say, he was to set his Master’s House on fire, which would make the Judges believe him.” Why this day’s crop refused to take their out we don’t really know. Maybe they were stubborn — or had a care for their soul — or more than death feared being sold out of the place that had become their home, and onto some backbreaking sugar plantation in the West Indies.

But two of our group merit notice for more unusual profiles.

“Doctor Harry” was an unauthorized medical practitioner on account of his race and station, and so had been driven out of New York City years before. He made his home thereafter on Long Island, forbidden from venturing into New York on pain of flogging. The physician’s addition to the plot segued into the frightening prospect of a poison angle to the race war.

“A smooth soft spoken Fellow, and like other Knaves, affected the Air of Sincerity and Innocence” in Horsmanden’s words, Harry was already on the judges’ radar when a slave named Adam accused him. (Soon joined by the reluctant William Kane.) That he was on their radar as someone who was not allowed in the city does not seem to have counted a great deal. “He stifly denied all, and declared, that he never was at Hughson’s, nor had he been in Town since he was ordered out by the Magistrates.”

Othello had also been out of town during events — not by banishment, but because he was Chief Justice De Lancey’s own slave, and had accompanied his master’s New England mission during the spring when New York went arson-crazy.

Aptly for his name, Othello reads in Horsmanden’s narrative as a tragic figure who unlike Doctor Harry was ready to say what he had to say to save his own life but hanged because he couldn’t reconcile himself in time to the urgency of his situation.

Horsmanden, who also would have been Othello’s personal acquaintance, clearly respected the slave; in the judge’s estimation, Othello “had more Sense than the common Rank of Negroes” and was one of “the Head Negroes in Town.” Maybe Othello counted too highly the weight of his association with the judges, or maybe since he was out of town he simply did not have the right feel for the witch-hunt dimensions the arson investigation had taken. Reading bulletins from his city, De Lancey had questioned Othello about the plot and Othello had denied any knowledge of it. Did the slave suppose that a Head Negro in Town could be above suspicion?

De Lancey disabused him of any such hope in late June when the Chief Justice received word that Othello had been denounced in the investigation, and promptly shipped his slave back to New York in chains.

He arrived in the last days of the governor’s official amnesty window for slave confessions, having heard God knows what of proceedings from his distance. His accuser Adam gave him sound advice in the city hall’s then-teeming basement prison: “to confess … [as] a Means of getting him[self] off.” But Othello at first refused to do so, even when warned that he had little time remaining to take advantage of the amnesty.

Othello being asked, Why he so positively denied on Saturday, that he knew any Thing about the Plot; though he was warned of the Proclamation, and that the Time therein limited for the Confederates to come in and make voluntary Confession and Discovery, would expire as Tomorrow; and notwithstanding he was told, that there was full and clear Evidence against him, Why he did not take the Recorder’s Advice, and confess then what he had done now? He answered with a Smile,

Why, Sir, I was but just then come to Town.

The reluctance is easy to understand. Othello was the Man Friday to a colonial oligarch: it was worth a risk to defend that position against the loss in stature and comfort that would surely result from being sold abroad. Besides that, he needed time to get his bearings: who was accusing him of what? What cards did he hold?

Othello soon understood that advancing a strong claim of innocence would be a nonstarter, so on the eve of the amnesty’s expiration he tried to claim it by offering a “confession.” It’s the first of several that would be extracted from him; each is a noticeably minimalist contrivance to fit his circumstances of the moment — too cute by half, a cruel observer might say. In late June, Othello simply named a bunch of names that others had already named with few additional details. The judges could see very well that this was no better than a token submission.

Come July 12th, having been issued a summary death sentence upon the guilty plea he had committed to, Othello expanded that confession. Now he detailed a longer intimacy with John Hughson — but one in which Othello, although aware of the plot, repeatedly refused to swear hiimself to it. The plot as the court understood it required its adherents to promise to kill their own masters. By insisting he had never sworn, Othello wanted to avoid going on record with any intent to slay James De Lancey. He was a week from execution at this moment, and still he dreamed that maybe De Lancey would one day take him back.

But the privilege Othello clung to might have already begun to cut against him. As an appearance-of-propriety issue vis-a-vis his white neighbors, was De Lancey, the highest judge in the colony and the wealthiest man in the colony, going to spare his own property from the full rigor of the law when his court had so readily destroyed other men’s slaves? The judges considered where Othello stood with his late and cloying “confessions”, and on July 16 recommended against extending him a pardon.

Still Othello tried one last time — on the very morning of his execution. On that occasion, Horsmanden took down one last, expanded confession … and even at this desperate hour, Othello was trying to thread the needle where his master’s life was concerned.

That Adam persuaded him, since he came in Jail, to say, that he had agreed to kill his Master and Mistress; and that by saying so, he would get clear: But this was all false, he never engaged to do any such Thing, nor was it ever proposed to him by Hughson, or any one else; only Hughson told him, he must rise with the Mob, and kill the People in general, as the rest were to do.

No doubt poor Othello had invested many of his last hours going over this decisive confession, trying to calibrate it precisely. Unfortunately, it showed.

For Horsmanden and his fellow judges, what Othello had provided was “neither voluntary nor free, but came from them very unwillingly, and after much Persuasion” and Othello as with his fellow-prisoner Quack only “acknowledged their Guilt in general, by their Plea, and by their Confessions, in a few Particulars, thinking thereby, as it may well be inferred, to come off as cheap as they could.” Horsmanden does not seem far from the mark in this observation, much as posterity might doubt his certainty that “both had it in their Power to make very considerable Discoveries.” At any rate,

The Judges could by no Means think them proper Objects of Mercy; and had they recommended them to the Governor as such, and his Honour had pardoned them, such Lenity towards them, might have been deemed Cruelty to the People.

As ghastly as this was for Othello and his mates, this date essentially finished the court’s business with the Negro Plot.

Does that mean we have reached the end of our series? Alas, the court’s bloodthirst had not quite been slaked. … for in the course of winding down, Horsmanden et al had opened one last line of inquiry, in hot pursuit now for a true arch-villain to lurk behind the passe conspiracies of slaves, an enemy dread enough to equal the advertised danger to New York City.

“The Old proverb has herein also been verifyed,” a satisfied Horsmanden would eventually report of this last phase that was even then opening up “that there is Scarce a plot but a priest is at the Bottom of it.”

* This was also the explicit preference of acting governor George Clarke, who on June 20 wrote to London that he “desired the Judges to single out only a few of the most notorious for execution, and that I would pardon the rest … whereby their masters will transport them out of hand.”

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

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1680: The wife of Abdullah Celebi, and her Jewish lover

Add comment June 28th, 2016 Headsman

At noon on Friday, 28 June 1680, people crowded into Istanbul’s Hippodrome, the city’s main public space, to stone to death a Muslim woman identified as ‘the wife of Abdullah Celebi’ for adultery with an infidel, and to witness the beheading of the Jew who was alleged to be her lover, a neighbourhood shopkeeper. Neighbours who had raided her home when they knew that the Jew was inside claimed to have found the couple having intercourse, which was doubly illicit: not only was she married, but sexual relations between Christian or Jewish men and Muslim women were forbidden by law. The accused denied any wrongdoing, but a mob dragged the two before the chief justice of the empire’s European provinces (known as Rumelia), Beyazizade Ahmet (d. 1686), who had previously been the main judge at Istanbul’s Islamic law (shariah) court.

Beyazizade accepted the testimony of the witnesses. Denying the accused a trial, he condemned the pair to death. Grand Vizier Kara Mustafa Pasha (d. 1683) reported his decision to Sultan Mehmet IV (r. 1648–87, d. 1693), who confirmed the sentence. The sultan attended the double execution in person and offered the man conversion to Islam, permitting him to die swiftly and with dignity by decapitation. Mehmet IV was the only sultan to order an adulteress to be executed by stoning during 465 years of Ottoman rule in Istanbul.

Indeed, public stoning of adulterers was such a rare event in medieval and early modern Islamic history that it is difficult to find any other examples of Islamic rulers punishing transgressors of sexual norms in this way.

This remarkable double execution comes to us by way of three Muslim chroniclers via “Death in the Hippodrome: Sexual Politics and Legal Culture in the Reign of Mehmet IV” by Marc Baer* — whom we have excerpted above. Regrettably, it’s entombed behind a paywall.

Our Ottoman interlocutors universally hold the stoning and beheading as a gross moral failure on the part of both judge and sultan. To begin with, all three chroniclers consider the accusation against the couple legally groundless: evidently the two were not really caught in flagrante delicto and both denied the liaison; this led Sari Mehmet Pasha** to sharply criticize the judge for even admitting neighbors’ suspicions as evidence — rather than punishing the accusers themselves for slander.

According to shariah it is incumbent to accept such testimony only when this situation is witnessed with one’s own eyes, meaning that the witnesses actually see the man insert his penis in and out of the woman ‘like inserting the reed pen in and out of the kohl pot’. But this is one of those impossible conditions set forth to ensure that such charges and their punishment are not frivolously made. Moreover, what is also needed is the woman’s own confession, or admission of guilt. Yet in this case she insistently denied the charge. The Jew likewise continuously claimed he had no knowledge of the affair.

Indeed, another astonished chronicler, Mehmet Rashid, believed that the law required such exacting pornographic specificity of a witness that no adulterers had ever been executed in the history Islam without their own confession. All describe the eyewitness standard as a shield, not a cudgel.

Moreover, even a demonstrable crime of the flesh — and even one committed by a Jew or Christian with a married Muslim woman — ought not result in capital punishment according to religious scholars of the period marshaled by Baer. (At least, not of the man: theoretically the woman could be stoned to death although in practice this never occurred either.)

What was bizarre and blameworthy to contemporaries was that an esteemed judge issued a verdict of literally historic harshness on such dubious grounds — and that the sultan seemed eager not to restrain, but to enforce it. Their narratives† cast Mehmet in a very dark light. “Let me see [the executions] in person,” he says in Silahdar Findiklili Mehmet Agha’s account — then makes a point to cross the Hellespont that morning from the Asian to the European side of the city the better to establish himself in a mansion commanding a view of the ceremonies.

At that time they brought the woman and the Jew to the place of execution. Being told, “Become a Muslim, you will be redeemed, you will go to Paradise,” the Jew was honored by the glory of Islam and then decapitated at the base of a bronze dragon

Wailing and lamenting, [the woman] cried, “They have slandered me. I am innocent and have committed no sin. For the sake of the princes, do not kill me, release me!” But they did not let her go.

Since the incident is unique even in Mehmet’s own long reign one draws larger conclusions at one’s own risk: hard cases make bad law. But it might be possible to perceive here a misjudgment by a man who, having grown to manhood out of the shadow of the dangerous harem that had lately dominated Ottoman politics felt keen to assert himself as a champion of realm and faith alike. (And his sex into the bargain.)

Baer presents Mehmet as an unusually eager proselytizer, always ready with a conversion blandishment whether for infidels captured in the empire’s European wars or for chance encounters with Jewish and Christian commoners. (He also forced a noted rabbi, Shabbatai Tzevi, to convert after the latter started getting some traction as a possible Messiah, and eventually began pressuring Istanbul’s numerous court Jews — physicians, advisors, and miscellaneous elite intelligentsia — to become Muslims as well.) And a Muslim movement had in recent years clamped down on carnivalesque diversions like taverns and public singing thought to trend toward impiety.

Three years later, Mehmet would (over)extend the Porte’s sway to the gates of Vienna. But Mehmet’s defeat there helped to collapse his own power back home, and he was deposed in 1687.

Our correspondents, writing in the wake of that reversal, unmistakably view affairs like this date’s executions as evidence of moral depravity that was punished by its authors’ subsequent misfortunes. Writing of the once-powerful judge, who chanced to die around the same time Mehmet fell, Defterdar concludes that “Beyazizade fearlessly persevered in the matter without scruple” until “the hearts of young and old turned away from him in disgust” and he fell “from the summit of his dignity.”

* Past and Present, Feb. 2011

** The imperial treasurer, himself executed in 1717.

† It does bear remarking that all three chroniclers wrote after Mehmet IV’s own fall.

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Entry Filed under: 17th Century,Beheaded,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,Gruesome Methods,History,Jews,Milestones,Notable Jurisprudence,Ottoman Empire,Public Executions,Sex,Stoned,Turkey,Women,Wrongful Executions

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1741: Five “inferior Agents” of the plot to burn New York

Add comment June 16th, 2016 Headsman

On this date in 1714, “the Negroes Cato (Cowley’s) Fortune (Vanderspeigle’s) Cato alias Toby, Ben and Quash, were executed according to their respective Sentences.”

That’s the entirety of the text in Daniel Horsmanden‘s compenium to describe a quintuple burning of rebel slaves in New York, and as the dismissive treatment implies this was an occasion of little moment within the colony’s 1741 hunt for a great slave conspiracy.

We have by this point clearly reached the point in the story at which the trials feed on themselves.

To recall the action to this point: a series of fires in March and April had inflamed a popular conviction that servile arsonists were afoot, until “Many people had such terrible apprehensions … that several negroes (and many had been assisting at the fire at the storehouse, and many perhaps that only seemed to be so) who were met in the streets, after the alarm of their rising, were hurried away to jail.”

New Yorkers, to their partial credit, did not put these suspected blacks all to lynch law, but it is an open question whether the judicial proceedings extended to the 34 people eventually executed in the affair really uncovered any plot — or merely hammered the existing public paranoia into specious evidence.

Either way, the breakthrough in the law’s eyes was the deposition given on April 22nd by Mary Burton, a young and disgruntled servant, that her master and mistress, their boarder, and three slaves (and known thieves) “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 and burn the whole Town: and that her Master and Mistress said, they would aid and assist them as much as they could.”

Burton left herself some wiggle room for the purges she might have guessed might follow by mentioning up to “Twenty or Thirty Negroes at one Time in her Master’s House” but she only identified by name here six specific people. And by this point in our story, mid-June, they are dead every one of the six: the slaves Caesar, Prince and Cuffee; her master John Hughson, his wife Sarah, and their Irish boarder Peggy Kerry.

Whether or not they were rightly accused or fairly prosecuted, one could easily imagine a world where their deaths are the end of the story.

But in our world, the dimensions and the participants of the plot so-called were already ballooning. Information wrung out by investigators who were by now convinced of the plot’s existence — from men at the stake teased with the prospect of pardon; from jailhouse snitches; and more from Mary Burton herself, who would repeatedly appear in Horsmanden’s pages to light the next passage forward — had already brought to the stakes another batch of slaves, on June 9.

This group had previously been stitched up thanks in part to a slave named Sawney or Sandy who gave evidence against them under the threat of being prosecuted with them. After five were condemned, one of their company, a slave named Jack,* dodged execution by offering the judges a copious affidavit confirming Sawney’s evidence and adding still more names to the plot.

These men’s charges would prove instrumental in the execution of June 16 — almost a sideshow as compared to the arc of the arson panic as a whole, but a melodrama that meant death for the blood offerings by which Sawney and Jack bought their lives.

  • Toby or Cato (Provoost’s) enters the documentary record on June 9, from the evidence that the condemned Jack gives while his four friends are burning to death.
  • Ben (Captain Marshall’s) and Quash (Rutger’s) appear as a unit in that same evidence of Jack’s, principal fellows in Hughson’s conspiracy in a scene that Jack coyly lays at a moment his fellow-witness Mary Burton “was above making a Bed.” In it, Ben

    said, he could find a Gun, Shot and Powder, at his Master’s House: That his Master did not watch him, he could go into every Room: Ben asked Quash, What will you stand for? He said, he did not care what he stood for, or should be, but he could kill Three, Four, Five White Men before Night.

    That Quash said, he could get two half Dozen of Knives in Papers, three or four Swords; and that he would set his Master’s House on fire, and when he had done that, he would come abroad to fight.

  • Cato (Cowley’s) and Fortune (Vanderspiegle’s) enter the paper trail on May 25, when they are named by Sandy. Both were arrested as a result, but we do not hear more about them for a fortnight, until Jack corroborates Sandy’s charges.

The cascade of accusations proved neatly self-affirming. Another slave named Will and bearing the winsome nickname “Ticklepitcher” was accused by Cuffee and Quack at the stake when they believed that it might save their lives. (It didn’t.) That was after Sandy had already given his evidence, but Jack, no fool, rolled Ticklepitcher too right into his (Jack’s) 40-point affidavit.**

This led Tickle himself to give evidence for the crown by naming 20 other participants in Hughson’s plot, among them Cato and Fortune. And yet another black man, named Bastian or Tom Peal, followed a similar path: first named by Mary Burton in one of her secondary examinations in May — and then confirmed in guilt by Sandy and Jack — upon his own conviction also went over to the inquisitors, “as was intimated by Somebody about the Jail he would.” Bastian named every member of the June 16 execution party save Fortune.

These, then, were the accusers presented in the June 13 trial that doomed our quintet: Mary Burton, and all the progeny of her first deposition two months before: Sandy, Jack, Ticklepitcher, Bastian, and yet two more slaves who had made themselves the same lifesaving bridge from accused to accuser.

Through their mutually corroborating — and mutually interested — evidence, the court was able to show to its satisfaction that

these stupid Wretches seduced by the Instigation of the Devil, and Hughson his Agent,† to undertake so senseless, as well as wicked an Enterprize; which must inevitably end in their own Destruction … are equally as guilty as if they themselves had devised it, by consenting to it, taking Oaths to proceed in it, and in the mean Time to keep it secret.

The jury, perhaps mindful that “[t]he Number of the Conspirators is very great … and we have still daily new Discoveries of many more” withdrew for but “a little Time” before closing this particular chapter with the preordained result. There would be yet another trial the very day after these five burned.

* Most slaves in the narrative are identified by a first name plus the possessive surname of their owner. The Jack in question belonged to a man named Comfort, so Horsmanden refers to him as Jack (Comfort’s) — in distinction from, for instance, Jack (Sleydall’s).

** No lie, Jack’s information runs to almost three full pages with 40 numbered bullets.

† Hughson’s narrative importance to the theory of a burgeoning servile rebellion will thrill the student of race in American history: “It cannot be imagined that these silly unthinking Creatures (Hughson’s black Guard) could of themselves have, and carried on so deep, so direful and destructive a Scheme, as that we have seen with our Eyes, and have heard fully proved they had prepared for us, without the Advice and Assistance of such abandoned Wretches as Hughson was.” Those are the prosecutor’s words; in sentencing, the court termed our five “inferior Agents.”

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Entry Filed under: 18th Century,Arson,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,History,Mass Executions,New York,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,Treason,USA,Wrongful 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.

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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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2015: Aftab Bahadur Masih, “I just received my Black Warrant”

Add comment June 10th, 2016 Headsman

A year ago today, Pakistan amid its ravenous 2015 execution binge hanged Aftab Bahadur Masih in Lahore for a 1992 murder.


Two faces of Aftab Bahadur Masih, separated by two decades on death row.

According to the anti-death penalty organization Reprieve, Masih was only 15 years old when he committed the crime. According to Masih himself, he never committed it at all — but instead was tortured into confession by the police.

Don’t take my word for it. Masih wrote a moving first-person essay for the Guardian that was published hours before his hanging.

I just received my Black Warrant. It says I will be hanged by the neck until dead on Wednesday, 10 June. I am innocent, but I do not know whether that will make any difference.

Read the rest here. Masih was also a self-taught painter; one of his products can be seen in this Wall Street Journal story.

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Entry Filed under: 21st Century,Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,Pakistan,Ripped from the Headlines,Torture,Wrongful Executions

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1854: John Hendrickson, junk science victim

Add comment May 5th, 2016 Headsman

On this date in 1854, an Albany, N.Y. man named John Hendrickson hanged for the murder by aconite poisoning of his wife, Maria. “He has suffered the highest penalty of the law,” New York’s Weekly Herald pronounced the next day — “but whether justly or not, will likely never be known on earth.”

Whatever the prisoner’s denials,* a web of suspicious circumstances clasped the hemp around his throat. Hendrickson, whose family had some money and connections, fought the conviction tooth and nail; his then-unusual three appeals, plus clemency petition to the governor, stretched the time from conviction to execution out to nearly a year. “The evidence adduced … was so entirely circumstantial, and the testimony of the scientific men so liable to doubt and contradiction, that it was generally feared the murderer would escape,” a Boston Post correspondent reported.** But not to worry: “the atmosphere of guilt seemed to surround him in the whole county; not a man could be found that, at heart, believed him innocent.” We’re scarcely prepared at this distance to assert an affirmative case for the man’s innocence, but in some ways it reads like an antebellum Cameron Willingham case, all the way down to the dubious forensic evidence.

Like Willingham, Hendrickson was a less than stellar husband. He was noted for abusing his wife, philandering, and doing both together when he “communicated to her a loathsome veneral disease.”

The supposed murder motivation was his wife’s recent inheritance of the estate of her father, who died just a few months before the murder. Little could really be proven save by inference from the man’s bad character; in classic tunnel-vision fashion, the record suggests nearly every data point became fixed according to this theory. For example, Hendrickson’s trial prosecutors read into evidence — in the part of their presentation they called the “Moral Evidence” — that Hendrickson remarked at his wife’s autopsy that “they won’t find arsenic.” You and I might think he’s saying that the examination will dispel the gathering suspicions of poisoning, and saying it by reference to the chemical that was the metonym for poisoning in the nineteenth century. For the state, his uttering these words was

as if he knew (as he undoubtedly did) the precise poison which she had swallowed — as if he knew that that common poison, which is found in most cases of the kind, had not been given by the murderer in this case, and hence they won’t find arsenic. Ah! gentlemen, it was nature speaking out, as she often unconsciously or unguardedly will, disclosing the otherwise well concealed and apparently undiscoverable crime.

(This is why you don’t talk to police.)

The district attorney introduced evidence courtesy of chemists named Salisbury and Swinburne, to the effect that it was no mean arsenic that carried away Maria Hendrickson but the more exotic potion of aconite — derived from a toxic herb seeded (per Ovid) by Cerberus himself.

One can peruse the evidence presented in the case here, but the most remarkable part of this trial record is the appendix — wherein numerous medical men, including a former teacher of Dr. Salisbury, skewer the forensic processes used to decide that Maria Hendrickson died by poison and even offer to reproduce them in person under the eyes of Gov. Horatio Seymour to prove their unreliability. Their findings harshly undercut the only concrete evidence that any murder took place at all.

“I am pained and oppressed with the conviction that the medical witnesses for the prosecution have, in a main point of this case, abused the confidence with which criminal courts so often compliment the man of science,” one writes — words that could still today be applied to many disciplines of junk science that have disappeared bodies into oubliettes on the strength of lie detectors, bite mark analysis, matching hair samples, and suchlike hocus-pocus.

We turn from the contemplation of this subject with feelings of sorrow, not that any of ours have been crushed under the wheels of mutilated justice, set in motion by ignorance and false science, but we feel now, as we have always felt, that a great personal wrong has been committed under the authority of law, for which there can be no atonement, as the dead cannot be brought to life, nor the blasted feelings of the living restored.

It would be well, too, for judges and jurors, who are very often hasty and inconsiderate in letting their feelings and prejudices get the better of their judgment, to remember that life, human life, is neither a toy nor a rattle, but the gift of God; when once extinguished, no matter how, it is gone forever, and the dead never rise again.

-Dr. Charles A. Lee, reviewing the Hendrickson case

* Hendrickson’s final message to his parents via his spiritual advisor, on the eve of his hanging:

To-morrow I am to die, and standing as I do on the brink of eternity, I wish to say to you, in the presence of that God before whom I am so soon to appear, that I am entirely innocent of the crime of murdering my wife. I did not give her poison. I do not know that any one gave her poison. She did not come to her death by violence of any kind, so far as I know. I believe she died a natural death. She did not vomit on the night of her death. [This remark touches the disputed forensic evidence; vomiting would be a symptom of poisoning, and state chemists’ assertion that Maria had done so was among the conclusions challenged by outside scientists. -ed.] I never knew that there was such an article as aconite in the world, until after I was in jail. Nor did I know it by any other name. I do not know that I have anything further to add, except to say some farewell words to my parents. But you will remember what I have said to you, and inform them of it. I wish you to make it public.

** Transcribed here via the Portland (Me.) Advertiser of Apr. 18, 1854.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,New York,USA,Wrongful Executions

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1926: Josef Jakubowski, Weimar Germany wrongful execution

1 comment February 15th, 2016 Headsman

On this date in 1926, Weimar Germany beheaded Josef Jakubowski for a murder he did not commit. Though a notorious miscarriage of justice in Germany, it is not widely known elsewhere and most of the links about Jakubowski are in Germany.

A Pole reared in the tsar’s Lithuania, Jakubowski emigrated by way of that great ravager of imperial borders, the First World War: taken as a POW, he preferred sticking around as a Mecklenburg farmhand over returning to a now-Bolshevik Russia engulfed in civil war.

Jakubowski never married, but if he had done it would have been to Ina Nogens, a local woman with whom he fathered a daughter out of wedlock. But his lover died (in non-suspicious circumstances) leaving Jakubowski to support not only the infant girl but also Ina’s three-year-old son by another man, Ewald — who were nonetheless being raised not by Jakubowski but by the Nogens relatives.

On November 9, 1924, Ewald disappeared: he was found outside the village the next day, strangled to death.

The Nogens family immediately made known their suspicions of the almost in-law from a foreign land, and in no time at all Jakubowski was caught in that still-familiar gaze of official tunnel vision and its mirrors of endlessly receding self-vindication. The most substantial evidence against Jakubowski was the shaky — and in fact, manipulated — eyewitness report of a mentally impaired teenager made to sort of put the Pole on the path to the Nogens house on the morning of the little boy’s disappearance. That’s it. It’s the sort of case would have to level up several times to achieve the stature of laughability, but when everyone already knows you did it, actual evidence is really just a luxury. Jakubowski was an outsider who maybe wanted to stop paying child support. Work backward from there!

Two years after the luckless migrant lost his head to the fallbeil, it came out that some of the Nogens clan were the ones really behind the murder, a two birds, one stone scheme to take off their hands both bastard whelp and Auslander. Three were judicially convicted of the very same murder, and one, Ina’s brother August, was actually sentenced to death — although the sentence was remitted. Despite issuing these other convictions, no German state organ has ever officially reversed Jakubowski’s condemnation.

The case was portrayed in a two-part West German TV series in 1964, Der Fall Jakubowski.

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Entry Filed under: 20th Century,Arts and Literature,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Germany,Guillotine,History,Murder,Racial and Ethnic Minorities,Wrongful Executions

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1854: John Tapner, the last hanged on Guernsey

Add comment February 10th, 2016 Victor Hugo

(Thanks to guest writer Victor Hugo, who having haunted these pages in many a post kindly permits us to republish the open letter he wrote on February 11, 1854 to Home Secretary (and future Prime Minister) Lord Palmerston. This is the English version as published by London’s Daily News on February 17 of that year; here is a French version of the same. Hugo at the time was living as an exile from the French Empire in the British-controlled Channel Island of Jersey; the case concerned was the highly controversial hanging of John Tapner on the nearby island of Guernsey for the murder of an aged Frenchwoman. Nobody ever hanged again on Guernsey after this possible wrongful execution.

The footnote appears in the original. -ed.)

Sir, —

I lay before you a series of facts which have transpired in Jersey within the last few years:

Fifteen years ago Caliot, a murderer, was condemned to death, and pardoned. Eight years ago Thomas Nicolle, a murderer, was condemned to death, and pardoned. Three years ago, in 1851, Jacques Fouquet, a murderer, was condemned to death, and pardoned.* In each of these cases the penalty of death was commuted for transportation.

In each case, to obtain a commutation of the sentence, a petition signed by the inhabitants of the island was sufficient.

In 1851 transportation was thought a sufficient punishment for Edward Carlton, who murdered his wife under circumstances of the most horrible description.

All this has taken place within fifteen years in the island from which I now address you.

Let us shift the scene from Jersey to Guernsey.

Tapner, a murderer, an incendiary, and a robber, is condemned to death.

At present, and the facts above stated prove the truth of the assertion, the penalty of death is virtually abolished in the opinion of every sane, well thinking man.

No sooner is Tapner condemned than a cry is heard, petitions are multiplied; one, energetically establishing itself on the principle of the inviolability of human life, was signed by 600 of the most enlightened of the inhabitants of the island.

And it is worthy of notice that not one minister of any Christian sect has deigned to affix his signature to either of these petitions. These men are probably ignorant that the cross is a gallows. — The people cried: “Mercy!” The priest cried: “Death!” — Let us pity the priest and resume our subject.

These petitions have been forwarded to you — a repsite has been granted. In similar cases a respite was equal to a commutation of the sentence — the island draws breath — the gallows is not to be erected — cruel error! the gallows is erected — Tapner is hung! and this after mature consideration.

Why?

Why should Guernsey be refused that which has been so often granted to Jersey?

Why deal to one concession and to the other affront? — Why should pardon be sent here and the executioner there?

Why this difference where all things else are equal? — What use was the respite but to aggravate the torture? — Was some mystery involved? To what purpose has been consideration?

Things are whispered, sir, to which I dare not listen. No! it cannot be true. What! a voice, and that of the most obscure, if it be the voice of an exile, cannot ask pardon from an insignificant corner of Europe for a man about to die without being heard by M. Bonaparte, without M. Bonaparte’s interference. What, M. Bonaparte, who has the guillotine of Bellay, the guillotine of Draguignan and the guillotine of Montpellier, not satisfied with all these! Has he still an appetite left for a gallows in Guernsey.

What — in such a case could you have refused justice to the proscribed for fear of giving umbrage to the proscriber. If so, the man was hung to accommodate, and the gallows erected as an act of courtesy, and could you have done all this to strengthen your alliance. No, no; I do not, I cannot believe it. I cannot even admit the idea, although I shudder at it.

Before the great and generous English nation can your Queen have the right of pardon, and M. Bonaparte that of a veto. At the same time that there is an omnipotent in heaven, can there be an omnipotent on earth? No.

I merely say that it was not possible for the French journals to speak of Tapner. I state the fact, but I draw no conclusion from it. However this may be, you have determined to use the terms of the despatch, that justice should take its course, and all is over.

However this may be, Tapner, after having been three times respited, and had his case three times under consideration, was hung yesterday, the 10th of February, and if there be any truth in the conjectures, which for myself I utterly reject, I present you, sir, with the bulletin of the day. you may, if such be the case, transmit it to the Tuileries. These details cannot be offensive to the Empire of the 2nd of December. The Eagle will hover with delight over the field of this victory! He is a gallows Eagle!

A garden joined the prison. In this garden the scaffold was erected. A breach was made in the wall for the prisoner to pass through. At 8 o’clock in the morning the neighbouring streets were crowded with spectators, of whom 200 of the privileged were admitted into the garden. The man appeared in the breach. He walked erect and with a firm step; he was pale, the red circle caused by anxious wakefulness surrounded his eyes.

The month just passed had added twenty years to his age — a man thirty years of age appeared fifty.

“A cotton night-cap was drawn over his head and turned up in front (says an eye-witness); he was dressed in a brown coat, which he wore during the trial, and an old pair of slippers.”

He walked partly round the garden, in a walk gravelled expressly for the occasion. The javelin men, the sheriff, the under-sheriff, and the Queen’s solicitor surrounded him. His hands were tied loosely, as we shall presently see.

According to English custom, while the hands were crossed upon the breast, a cord bound the elbows behind the back.

Behind him, the chaplains, who had refused to sign the petition for mercy, followed weeping.

The gravel walk led to the ladder — the cord was swinging — Tapner ascended the ladder — the executioner trembled: inferior executioners are at times susceptible of pity. Tapner placed himself under the noose, and pressed it over his head, and his hands not being firmly tied, he desired the executioner, who seemed quite confused, to arrange the rope. Then, “as if he had had a presentiment of what was to follow,” says the same eye-witness, “he said, ‘Tie my hands tighter.’ ‘That is unnecessary,’ replied the executioner.” Tapner standing thus with the rope round his neck, and his feet on the trap, the executioner drew the night-cap over his eyes, and nothing more could be seen of that pale face but the mouth moving as in prayer.

After some moments, the man destined to this high office pressed a spring — the drop fell, and the body fell abruptly through — the cord tightened, the body turned, and the man was considered dead.

“It was thought (says the eye-witness) that Tapner was killed at once by the rupture of the spinal marrow, he having fallen 4 feet,” but the witness further adds, “the relief of our oppressed hearts did not last two minutes.” Suddenly the man not yet a corpse, but already a spectre, moved.

The legs were thrown convulsively about, as if seeking some stay in the empty space; what could be discovered of the face was horribly disfigured; and the hands, which had become loose, were clasped and relaxed, as if to implore assistance. The cord around the elbows had snapped in the fall. Amidst these convulsions the rope began to swing, the elbows of the poor wretch came in contact with the edge of the trap, he clung to it with his hands, rested his right knee upon it, raised his body, and seemed to lean towards the crowd. Again he fell; and twice, says the eye witness, was the same scene repeated. He then raised his cap, and the crowd gained a sight of his face. This, it seemed, was too much. It was necessary to close the scene. The executioner reascended the scaffold, and caused the sufferer (I still quote the eyewitness) to let go his hold. The executioner and the victim struggled for a moment; the executioner triumphed. Then this wretch, himself like one condemned, threw himself into the aperture where Tapner was hanging, straightened his knees, and hung to his feet. The rope oscillated for a moment, bearing the victim and the executioner, the crime and the law. At last the executioner himself relaxed his hold; all was over; the man was dead.


Also a prolific drawer, Victor Hugo produced this Ecce in 1854, and several other depictions of the gallows in the ensuing years — possibly inspired by his horror at Tapner’s fate. Ecce is also known as John Brown, although that American slavery abolitionist was not executed until 1859.

You see, sir, how things were managed; the effect was completed; for the town, being built as an amphitheatre, everything was seen from the windows, all eyes were fixed on the garden. If it were the object to excite a feeling of horror, it was done: the crowd cried “Shame, shame,” and several females fainted.

During this time, Fouquet, who had been pardoned in 1851, is repeating. The executioner has converted Tapner into a corpse; Mercy, Fouquet into a man!

Between the time when Tapner fell into the trap, and that in which the executioner, no longer perceiving any motion, let go his feet, 12 minutes elapsed. Twelve minutes! Let that time be calculated, if any one knows by what clock to number the moments of suffering. Such, sir, was the mode of Tapner’s death.

The theory of example is satisfied; the philosopher alone mourns, and asks himself if this be what is called allowing justice to take its course? We must believe the philosopher to be wrong. The punishment has been frightful, but the crime was hideous. Must not society be defended? What will become of us if, &c. &c. The audacity of criminals would meet with no restraint. There would be nothing but atrocities and murders. A check is absolutely necessary. At least, it seems your opinion, Sir, that Tapners should be hung unless they be emperors. Let the will of statesmen be done!

Theorists, dreamers, those visionary spirits who have formed some notion of good and evil, cannot sound, without difficulty, certain depths of the problem of destiny.

Had Tapner, instead of killing one woman, destroyed 300, adding to the heap some hundreds of old men and children — had he instead of breaking a door, violated an oath — had he, instead of purloining a few shillings, stolen 25 millions — had he, instead of burning the house Saujon, overawed Paris by force of arms, he would have an ambassador at London.

It might, however, be as well to define a little more precisely the point at which Tapner ceases to be a robber, and Schinderhannes commences politician. Sir, this is horrible! We are members, you and I, of the infinitely small. I am only a refugee, you are only a minister — I am ashes, you are dust — Atom may surely speak freely to atom — where each is nothing, truth may be spoken. Well then, be assured, whatever may be the actual success of your policy, however glorious the alliance of M. Bonaparte, however honourable it may be for you to act in strict union with him, however far famed and magnificently may be your common triumph in Turkish affairs, this rope, which was fastened round a human sack, the trap which opened under his feet, the hope that, in falling, he would break his spine, the face become livid beneath the deep shadow of the gallows, the bloodshot eyes bursting from their sockets, the tongue lolling from the throat, that groan of anguish only stifled by the knot, the terrified soul which still clings to its tenement, the convulsed knees which seek some support, those bound hands mutely clasped and asking help — and that other man, that man of darkness, who throws himself upon these last struggles, who clings to the knees of the dying wretch, and himself hangs upon the hanging — Sir, these things are frightful!


Victor Hugo, The Hanged Man, c. 1855-1860.

And if haply the conjectures which I disavow be true, if the man who hung to the feet of Tapner were indeed M. Bonaparte, it would be monstrous. But, I repeat, I do not believe this. You have yielded to no influence; you simply said — let justice take its course; you gave this order, as you would have done any other, the prolonged discussions concerning capital punishment do not interest you. To hang a man, and to drink a glass of water are the same things in your estimation — you did not comprehend the importance of the act; it was the oversight of a statesman, nothing more. Sir, keep your blinders for earth, and do not offer them to eternity! Do not trifle with such deep interests, mix nothing of your own with them; it would be impudent. I can see more deeply into those interests than you — Beware! Exul sicul mortuus. I speak as from the tomb.

Bah! what matters it? A man is hung; and what more? a coil of rope to be wound up; some timber work to be taken to pieces a corpse to be buried. Certainly these are great matters! We will fire the cannon, a little smoke in the East, and all will be over. A microscope will be required to detect Guernsey and Tapner. Gentlemen, this rope, this beam, this corpse, this dreadful though invisible gallows, this suffering, carry us into immensity. They involve the social question, which is more important than the political; they do more — they carry us beyond earth. That, which is of little consequence, is your cannon, your politics, and your smoke. The assassin who to-morrow becomes the victim, as a soul which takes its flight holding the end of the gallows-rope — it is this which is frightful. Statesmen, who between two protocols, two dinners, and two smiles, carelessly press with white-gloved hand the spring of the gibbet, and the trap falls under the feet of the victim. Know you what you do? The infinite appears; the unfathomable and the unknown; the mighty shade which rises suddenly and terribly beneath your littleness.

Proceed! Let us observe the men of the old world at their work. Since the past still struggles let us examine it. Let us observe its successive phases.

At Tunis it is impaling; with the Czar the knout; with the Pope it is the garrot; in France the guillotine; in England the gallows; in Asia and America the slave market. All this will be swept away. We, the anarchists, the demagogues, the blood-drinkers, tell you, the protectors and saviours of the world, that human liberty is to be respected, human intelligence is holy, human life is sacred, and the human soul divine. Now go on hanging! But beware! The future opens. You think that living which is dead, and that dead which is living. The ancient form of society, but it is dead. You are deceived. You have stretched out your hand to the spectre of darkness, and chosen her for your bride. You turn your back upon life: it will soon arise behind you. When we pronounce the words Progress, Revolution, Liberty, Humanity, you smile, unhappy man, and point to the darkness in which we both are involved. Do you indeed know what that night is? Learn the truth; ere long the ideas will burst forth in all their strength and glory. Democracy yesterday took the name of France; to-morrow it will take that of Europe. The eclipse does but conceal the increasing magnitude of the star.

I am, sir, your obedient servant,

VICTOR HUGO.
Marine-terrace, Feb. 11

* We read in the Jersey newspapers, of January 7, 1851:

James Fouquet — We are informed that James Fouquet, condemned to death by our Royal Court, for the murder of Derbyshire, and whose punishment was commuted by her Majesty into transportation for life, was removed, about six months ago, from the prison at Milbank, where he had hitherto remained, to Dartmoor. He is nearly cured of the wound in his neck, and his conduct has been such, while at Millbank, that the governor of that prison thinks it extremely possible, there will be a further commutation of his sentence into banishment from the English territories.

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

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