Posts filed under '19th Century'

1884: Not Crow Dog, saved by an ex parte

Add comment January 14th, 2017 Headsman

January 14 was supposed to be the hanging day in 1884 for the Sioux Crow Dog — but instead of being executed he was busy making caselaw.

A sub-chief of the Brule Lakota, Crow Dog on August 5, 1881, met — intentionally? — the tribal chief Spotted Tail on a road in the Rosebud Reservation and shot him dead with a rifle.

The killing was adjudicated the very next day within the Brule community, at a council where the killer and the survivors of his victim agreed together on the appropriate compensation, and paid up.* But the U.S. Indian agent on the scene also arrested Crow Dog a few days later, and had him tried for murder in a non-Indian court in the the frontier town of Deadwood.

Sidney Harring, who would expand this review to book length with Crow Dog’s Murder: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century, argued in a 1988/1989 paper** that the needless white court’s trial was staged from the outset as a test case by the Bureau of Indian Affairs, angling for new legal tools to break the doctrine of tribal sovereignty which dated back to Worcester v. Georgia (1832). Although that anti-sovereignty cause would suffer a tactical setback in this case, it would very soon carry the day.

Condemned to death early in 1882, Crow Dog had various appeals, respites, and delaying actions that stretched the case out for nearly two years until the U.S. Supreme Court at last stepped in ahead of a scheduled January 14, 1884 execution to adjudicate the question of whether a murder within a tribe, on that tribe’s own reservation, was within the proper jurisdiction of non-Indian courts like the one that tried Crow Dog. Its Ex parte Crow Dog resoundingly answered in the negative, a milestone in the legal framework around Indian sovereignty in the U.S. To execute Crow Dog under the white court’s verdict, the justices ruled, would require Anglo law to be

extended over aliens and strangers; over the members of a community, separated by race, by tradition, by the instincts of a free though savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code, and to subject them to the responsibilities of civil conduct, according to rules and penalties of which they could have no previous warning; which judges them by a standard made by others, and not for them, which takes no account of the conditions which should except them from its exactions, and makes no allowance for their inability to understand it. It tries them not by their peers, nor by the customs of their people, nor the law of their land, but by superiors of a different race, according to the law of a social state of which they have an imperfect conception and which is opposed to the traditions of their history, to the habits of their lives, to the strongest prejudices of their savage nature; one which measures the red man’s revenge by the maxims of the white man’s morality.

The legal doctrine at work here holds that although conquered, native tribes still possess internal sovereignty. And with Ex parte Crow Dog it became clear and settled American jurisprudence that one attribute of that remaining sovereignty was plenary — that is, absolute — power over purely internal affairs.

At least, for a year.

White America was discomfited by the abrogation of its morality-maxims over the revengeful red man, and the situation invited moral panic around any malfeasance in Indian country. The Washington D.C. Evening Star would complain months later (June 5, 1884) that Ex parte Crow Dog “has had the effect of creating the idea among the Indians that there is no law to punish an Indian for a crime committed on a reservation.” And the Supreme Court itself had slyly noted that it was obliged to make such rulings absent “a clear expression of the intention of Congress” to take a bite out of Indian sovereignty — an intent “that we have not been able to find.”

So in 1885, the U.S. Congress decided to express that intent and voted the Major Crimes Act placing Indians under federal, not tribal, jurisdiction for seven major types of crimes — including, of course, murder. “We all feel that an Indian, when he commits a crime, should be recognized as a criminal,” Michigan Congressman Byron Cutcheon urged on the legislation’s behalf. “It is an infamy upon our civilization, a disgrace to this nation, that there should be anywhere within its boundaries a body of people who can, with absolute impunity, commit the crime of murder, there being no tribunal before which they can be brought for punishment.”

This briefest interim between Ex parte Crow Dog and the Major Crimes Act was in a sense the high water mark for tribal sovereignty. Following the Major Crimes bill, white politicians began almost systematically reaching onto the reservations to legislate, picking away at tribal sovereignty until another much more infamous case, Lone Wolf v. Hitchcock, disastrously declared that plenary power now resided in Congress.

Crow Dog went on to become a major figure in the ghost dance movement. Present-day American Indian Movement activist Leonard Crow Dog is a descendant; he’s written a book connecting back to his famous ancestor called Crow Dog: Four Generations of Sioux Medicine Men. Meanwhile, South Dakota’s Sinte Gleska University is named for Spotted Tail.

* The price was $600, eight horses, and a blanket.

** Sidney Harring in “Crow Dog’s Case: A Chapter in the Legal History of Tribal Sovereignty,” American Indian Law Review, Vol. 14, No. 2 (1988/1989) — also the source of the preceding footnote.

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Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Not Executed,Notable for their Victims,Notable Jurisprudence,Occupation and Colonialism,Politicians,Racial and Ethnic Minorities,South Dakota,U.S. Federal,USA

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1830: Agnus Magnusdottir and Fridrik Sigurdsson, Iceland’s last executions

Add comment January 12th, 2017 Headsman

Iceland last used the death penalty on January 12, 1830 with the beheading of farm servants Agnes Magnusdottir and Fridrik Sigurdsson.

Only threadbare details survive to posterity about their crime: one night in 1828, Agnes roused a neighboring farm to give the alarm that Natan Ketilsson’s farmhouse, where she worked, was afire. Neighbors were able to quench the blaze quickly enough to realize that Ketilsson himself had not died because he was trapped in the flame — but because he had been stabbed to death, along with another man known as a criminal, Petur Jonsson.

Agnes, 33, and teenager Fridrik were arrested for murder and eventually beheaded on a desolate hill on the frozen northern coast where a mossed-over stone still silently marks the spot.*


(cc) photo taken by Jennifer Boyer on the walking path to be found at the site of crime.

Why were these men killed? The trial record attributes it to Fridrik’s “hatred of Natan, and a desire to steal,” which are answers that ask their own questions. If the stones remember, they aren’t telling and in the scantiness of documentation the job has fallen to literature instead, for there is something to be said for an mysterious double murder in the ashes of a half-burned farm and the novelty of a woman being the very last human to have her head chopped off in Iceland. (On execution day, Fridrik went first.)

Agnes was Natan’s lover, but the farmer had a reputation for womanizing and, so all suspect, eyes for Fridrik’s young girlfriend;** the inference of a jealous domestic psychodrama cast on the fringe of the Arctic Sea, of chilly twilit tables gathering furtive eyes above with wandering hands below, seems hard to resist. One of Natan’s other paramours was the poet Skald-Rosa, who addressed an anguished quatrain to Agnes in the weeks after the murder, helping to fix the latter’s place in national lore as the wicked moving spirit behind the whole disaster.

Don’t be surprised by the sorrow in my eyes
Nor at the bitter pangs of pain that I feel:
For you have stolen with your scheming he who gave my life meaning,
And thrown your life to the Devil to deal.

And then there was the strange coda, while verdicts were sent to Denmark for confirmation,† of the condemned simply living and working among the community waiting to execute them. Nineteenth century rural Iceland was a little short on jail cells and surplus provisions.

After studying on an exchange program in Iceland, Australian Hannah Kent found this speculative environment a rich source for her well-received first novel, Burial Rites. (There’s a lengthy and interesting podcast interview with her by the Australian Broadcasting Corporation here.)

Kent’s drama has made headway in Hollywood, with Jennifer Lawrence said to be keen on playing the tragic lead; if it someday does hit the silver screen, however, it won’t even be the first on its subject matter — witness the 1995 film Agnes.


As of this writing, the full movie can also be searched on YouTube…

The criminals Fridrik Sigurdsson and Agnes Magnusdottir were today moved out of custody to the place of execution, and following them to the execution site were the priests Reverend Tomasson and Reverend Thorvardur Jonsson, an assistant priest. The criminals had wished that the latter two help them prepare for their deaths. After the priest Johann Tomasson completed a speech of admonition to the convict Fridrik Sigurdsson, Fridrik’s head was taken off with one blow of the axe. The farmer Gudmundur Ketilsson,‡ who had been ordered to be executioner, committed the work that he had been asked to do with dexterity and fearlessness. The criminal Agnes Magnusdottir, who, while this was taking place, had been kept at a remote station where she could not see the site of execution, was then fetched. After the Assistant Reverend Thorvardur Jonsson had appropriately prepared her for death, the same executioner cut off her head, and with the same craftsmanship as before. The lifeless heads were then set upon two stakes at the site of execution, and their bodies put in two coffins of untreated boards, and buried before the men were dismissed. While the deed took place, and there until it was finished, everything was appropriately quiet and well-ordered, and it was concluded by a short address by Reverend Magnus Arnason to those that were there.

Actum ut supra.

B. Blondal, R. Olsen, A. Arnason
(From the Magistrate’s Book of Hunavatn District, 1830 — as quoted in the epilogue of Kent’s Burial Rites)

* The milestone murderers, or at least their heads, rest in Tjörn.

** This young woman, Sigridur Gudmundsdottir, was condemned to death with the other two but got to keep her head in the end.

† Iceland did not become independent of Denmark until 1944.

‡ The victim’s brother was the executioner.

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Entry Filed under: 19th Century,Arts and Literature,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Denmark,Execution,History,Iceland,Milestones,Murder,Public Executions,Women

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1870: John Gregson, drunk and disorderly

Add comment January 10th, 2017 Meaghan

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

On this date in 1870, the very first private execution took place at Kirkdale Gaol in Liverpool.

Steven Horton’s book Liverpool Hangings: Kirkdale Hangings, 1870-1891 notes that between 1831 and 1867, executions at Kirkdale Gaol had been public, observed by crowds ranging in size from 500 to 100,000 people, but the Capital Punishment Amendment Act of 1868 put an end to them.

However, Horton says, “Hangings that carried on in private [at Kirkdale Gaol] were so near the walls that it was said by those outside that a thud could be heard when the trapdoor opened.”

Between 1870 and 1892, the year Kirkdale Gaol closed, 29 condemned prisoners were hanged privately there. “Most of those condemned,” Horton says,

were from slum properties and lived lives of squalor where drink seemed their only escape, fueling angry misjudgments which would ultimately lead to them standing on the scaffold. Just under half of the killings … involved a man or woman killing their spouse or partner. The majority were following drinking bouts …

The very first case, that of John Gregson, fit this description very well.

Gregson was a collier at Wigan. (Over sixty years later, George Orwell would write a book about the miners there.) He had married his wife Ellen in 1863. John was an alcoholic who habitually abused his wife, even after the births of their two children, and the marriage was miserable. Throughout the 1860s he appeared in court a whopping 24 times for drunken, disorderly conduct, once spending a six-month term in jail.

On October 18, 1969, John Gregson was once again in court for drunkenness. Ellen paid his fine and they went home together, stopping at a few pubs along the way. The couple lived with a lodger, who was looking after their children while they were out that day. Once the Gregsons returned, Ellen began breastfeeding the baby and two neighbors dropped by to visit.

John removed his jacket and asked one of the neighbors, Mrs. Littler, to pawn it for him. She promised to do it the next day, but he didn’t want to wait and said he’d take it to the pawnshop himself. Ellen told him if he would wait a few minutes, she’d take it there for him. John then took the baby and told her to go out, pawn the jacket and come back with a pint of beer or he would kick her.

Ellen told him the children were hungry and she was willing to pawn the jacket for food, but not drink, and John became enraged, tripped her, and began kicking her back, side and chest as she lay on the floor.

The second guest, a man named Hilton, tried to intervene and forced John into a chair, but John stood up, kicked Hilton and then began kicking Ellen again, striking her on the back of the head.

Blood began leaking from Ellen’s ears and mouth and Hilton said, horrified, “You’ve killed her.”

“If I haven’t, I ought to,” John snapped.

Ellen wasn’t dead, though, and she was put to bed, where she lay moaning while John went to sleep next to her. The next day he got some brandy and tried to give it to her, but her teeth were clenched tightly and she wasn’t able to swallow anything. Finally beginning to feel ashamed of himself, he pawned the jacket for ten shillings and used the money to pay for a doctor.

By then it was too late. In fact, it was probably too late the moment John’s heavy, iron-soled clogs connected with his wife’s head. Ellen died in the hospital on October 21; the autopsy showed a fracture at the base of her skull.

At his trial in December, John wept while the evidence was presented. His defense attorney argued by way of mitigation(!) that he regularly beat his wife and that day had been no different, and as there had been no intent to kill he was only guilty of manslaughter. But the judge, Baron Martin, told the jury that if they believed the testimony of the witnesses present during the attack, this was a case of a murder.

The jury convicted John Gregson of murder, but recommended mercy. However, Judge Martin told Gregson not to hold out any hope for a reprieve and said he, personally, had no more doubt that this was a murder than he had in his own existence.

As Martin J. Wiener’s book Men of Blood: Violence, Manliness, and Criminal Justice in Victorian England noted, by the 1860s, fatal domestic violence was being punished more severely than it used to be:

Gregson’s drunken fatal kicking of his wife near Liverpool produced … not only a murder conviction, but his execution. Gregson could not successfully claim that his wife had herself been drunk or otherwise grievously provoking; furthermore, his case displayed a tightening in judicial interpretation of “malicious intent.” When his counsel argued that from mere drunken kicking itself one could not find an intent to kill, or even do serious bodily injury, Baron Martin immediately interjected to say that this statement about the law was “not so”: “if a man does an unlawful act, and death ensues, he is guilty of murder.” The hesitant jury’s recommendation of mercy as well as a petition campaign for reprieve that followed (joined by the coroner who had conducted the original inquest) were of no avail, since in addition the Home Office believed that he did in fact intend to kill her.

As all murder convictions came as a matter of course to be considered for reprieve, the Home Office’s role in the punishment of spousal killings expanded, while at the same time its line on such cases was hardening.

In prison John regularly met with the chaplain, saying he repented of his actions and believed his sentence was just, although he swore he had never meant to kill Ellen. Many of his fellow prisoners were there for alcohol-related offenses, and John asked the chaplain to share his story with them, so they might learn from his mistakes before it was too late.

In the last week of his life he was visited by Ellen’s father, his own mother, and his two about-to-be-orphaned children.

The execution took place on Monday morning. Horton says:

The Daily Post reported how the private nature of the execution, free of unruly crowds, gave it a much more solemn air, with people speaking in no more than a whisper. Outside there were none of the ‘denizens of the lowest purlieus of Liverpool’, instead just half a dozen policemen and a few interested onlookers waiting for the black flag to be hoisted.

At 8:00 a.m., executioner William Calcraft slipped the rope around John Gregson’s neck. The condemned man was pale and shaky, but he quietly submitted to the hangman’s ministrations. Calcraft drew the bolt, and after “three or four slight writings” the killer was dead.

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

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1824: John Thurtell, the Radlett murderer

1 comment January 9th, 2017 Headsman

They cut his throat from ear to ear,
His head they battered in.
His name was Mr William Weare,
He lived in Lyons Inn.

At noon this date in 1824, upon a fresh-built black gallows adjoining Hertford Prison, John Thurtell hanged for one of regency England’s most infamous crimes.

Son of the Norwich mayor, John Thurtell was rubbish with money and had twice crashed his bombazine business into insolvency while stiffing his creditors. (John’s brother Tom served time for defrauding an insurance company with a suspicious warehouse fire.)

But these were merely business matters.

When Thurtell fell into a £300 gambling debt to thanks to Weare’s cheating at cards, maybe it was a matter of honor. Thurtell invited the Lyon’s Inn barrister to a gaming piss-up at Thurtell’s cottage in the village of Radlett. They’d be joined by Thurtell’s mates Joseph Hunt and William Probert, “Turpin lads” in Thurtell’s estimation.

Just short of their destination, on a street later to be known as “Murder Lane”, Thurtell shot Weare in the face. The shot scored only a glancing hit against his victim’s cheekbone, but Thurtell was in for a penny, in for a pound: he tackled the fleeing Weare, opened his throat from ear to ear, and pistol-whipped his skull into bloody-brained bits.

Whatever malice aforethought had moved Thurtell to this vengeful crime did not contain near enough calculation. “The whole history of the murder, and the scenes which ensued, are strange pictures of desperate and short-sighted wickedness,” Sir Walter Scott marveled.

Abandoning the gun at the scene — it was one of a paired set of which Thurtell owned the other — the killer and his friends hauled the corpse to a nearby pond, then proceeded unperturbed to the night’s revelry fresh from homicide, even donning Weare’s own clothes in subsequent days.

Worst of all from the perfect-crime standpoint, Thurtell had undertaken the crime himself (openly popping off, per the subsequent court record, “if Weare comes down, I will do him, for he has done me out of several hundred pounds”) and his companions turned on him when the investigation inevitably bore down on them. Probert went crown’s evidence immediately in exchange for immunity, even leading authorities to the body; Hunt stalled and lied for a while, but cracked soon enough.

To the nationwide outrage at this shocking callousness among obnoxious society rakes was added the whiff of scandal about Thurtell’s involvement in “the Fancy” — the semi-illicit sport of amateur boxing.

Frequented then as now both by underworld elements and society gentlemen, boxing was officially illegal but widely celebrated and openly advertised without much fear of police intervention. At the same time, the burgeoning sport — with its naked brutality, more-than-occasional fatalities, multiracial proletarian cast, and associations with various unsavory characters, had ample moral-panic potential. The Fancy, said a judge in 1803,

draws industrious people away from the subject of their industry; and when great multitudes are so collected, they are likely enough to be engaged in broils. It affords an opportunity for people of the most mischievous disposition to assemble, under the colour of seeing this exhibition, and to do a great deal of mischief; in short, it is a practice that is extremely injurious in every respect and must be repressed.

But many of his peers were there in the audience, laying their own mischievous wagers.

As magistrates it may have been their duty to discountenance, but as county gentleman it was their privilege to support, the noble champions of the art, especially when they had their money on the event.

Thurtell, briefly an amateur pugilist himself, was a trainer and promoter on the boxing circuit.


Detail view (click for full image) of “A correct view of the execution, taken on the spot by an eminent artist.” (Source)

Thurtell was anatomized after execution; a wax likeliness of the hated murderer stood in Madame Tussaud’s until the 1970s.

As for Thurtell’s confederates: Joseph Hunt’s cooperation was sufficient to cop a last-second commutation of his death sentence; he was transported to Australia instead. William Probert completely avoided prosecution thanks to his expeditious turn to crown’s evidence, but the career criminal (now practically disbarred from honest labor by dint of his nationwide infamy) found himself in hangman Foxen‘s hands not long thereafter for stealing a horse.

The foreman of the jury that convicted Thurtell went on to become the Prime Minister.

And Thurtell’s victim Weare did his own posthumous bit for the annals of English publishing when a printer multiplied its customary revenue stream on a Thurtell gallows broadsheet with a second edition headed “WE ARE alive”. Printed in such a way to intentionally make the first two words appear to read “WEARE”, its handsome sales to the gullible allegedly originated the term “catchpenny”.

There are a number of 19th century accounts of this case available in the public domain, including here, here and here.

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1878: Gauchito Gil, Argentina folk saint

Add comment January 8th, 2017 Headsman

January 8 is the execution day in 1878 of Argentine folk saint “Gauchito Gil”.

Nobody knows for sure if he really existed, but thousands flock to his sanctuary near Mercedes on this remembrance date while roadside red-flagged shrines throughout Argentina pay him homage all the year round.

If he was real at all, or even if he wasn’t, Antonio Mamerto Gil Nunez was an freelance ranchhand gaucho who ditched his conscription into the Argentine Civil Wars for life as an outlaw — flourishing in the classic social bandit guise as a friend to the put-upon peasantry with beneficence extending all the way to saintly healing powers.

Ambushed and captured at last, Gil’s last charity was reserved for the policeman who decided to have him summarily executed — whom Gil warned was about to receive an en-route pardon. The cop didn’t buy this obvious dilatory gambit and slit the bandit’s throat, only to return and find the promised clemency riding on up. As Gil had also prophesied, the policeman’s son had fallen quite ill and now he prayed to the brigand he had just put to death, who posthumously secured the boy a miraculous recovery.

The reports of the duly impressed executioner proliferated and soon fathered a flourishing popular veneration. Although Gauchito Gil is of course entirely unrecognized by the institutional Catholic Church, many devout pilgrims visit his site to pray for, or to offer thanks for, a favorable intercession in life.

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Entry Filed under: 19th Century,Argentina,Arts and Literature,Borderline "Executions",Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Famous,History,Myths,No Formal Charge,Outlaws,Popular Culture,Put to the Sword,Religious Figures,Summary Executions,The Supernatural,Theft,Wrongful Executions

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1823: Robert Hartley, on Penenden Heath

Add comment January 2nd, 2017 Headsman

From the Lincoln, Rutland and Stamford Mercury, Jan. 17, 1823.

CONFESSIONS OF ROBERT HARTLEY

On the 2d instant, an immense concourse of people assembled at Penenden Heath, to witness the execution of Robert Stainton Hartley, convicted at the late Kent Assizes of stabbing Captain Owen, of the Bellerophon hulk,* at Sheerness.

He was of a bold and fearless disposition, and seemed to be little concerned at the thoughts of death. He had frequently observed, “I do not fear death, nor ought I to fear it. I have sought for it, and have got it; and I have got no more than I deserved.”

Previously to his execution, he made confessions, which, if they can be relied on (but those that knew him say that truth was a stranger to his nature), may be the means of bringing to justice the long-sought murderers both of Mrs. Donatty, and Mr. Bird and his housekeeper, at Greenwich.

Hartley confessed to the Rev. Mr. Winter having been concerned in upwards of two hundred burglaries, in Kent, Essex, Surry [sic], Middlesex, Hampshire, Hertfordshire, Yorkshire, Westmorland, Durham, Lincoln, and Norfolk. He had been confined in sixteen different prisons, besides undergoing several examinations at the different police-officers; and he had gone by the following names: — Robert Stainton, Alexander Rombollon, George Grimes, Robert Wood, William Smith, George Croggington, and Robert Hartley.

Hartley’s father formerly kept an inn (the Sir John Falstaff), at Hull, in Yorkshire. He was put to school in that neighbourhood, but his conduct at school was so marked with depravity, and so continually did he play the truant, that he was dismissed as unmanageable. He then, although only nine years of age, began with pilfering and robbing gardens and orchards, till at length his friends were obliged to send him to sea.

He soon contrived to run away from the vessel in which he had been placed, and having regained the land, pursued his old habits, and got connected with many of the principal thieves in London, with whom he commenced business regularly as a house-breaker, which was almost always his line of robbery.

Hartley acknowledged that from his earliest days he was of a most vindictive and revengeful spirit. He had been punished when at school, and, in revenge, contrived to get from his bed in the night, and destroy the whole of the fruit-trees and every plant and shrub in his master’s garden.

At another time, having robbed a neighbour’s garden, he was detected and punished; when, in order to wreak his vengeance, he set fire to the house in the night, which was nearly destroyed, together with its intimates. He had adopted a plan to escape from his father’s house in the night-time without detection, which was done by means of a rope ladder, that he let down from his bed-room window, and after effecting his robberies, he used to return to his room in the same way.

Hartley had once before received sentence of death, and was not respited till within a few hours of the usual time of execution; he was then sent to Botany Bay, whence he contrived to make his escape, and afterwards entered on board one of his Majesty’s ships in the East Indies. Whilst at this station, he was removed to the hospital on shore at Bombay, on account of sickness; but even in this state he could not refrain from thieving.

His practice was to scale the walls of the hospital in the evening, and way-lay the natives, whom he contrived to rob, by knocking them down with a short ebony stick; and then seizing their turbans, in which their wealth was usually deposited, he stole off unperceived, whilst his victims were left weltering in blood, which always followed his blows.

Whilst on this station, a gentleman on board the ship missed a valuable box of pearls, and suspicion falling upon a native Indian, he was put on shore and dreadfully tortured (his finger and toe nails being torn out), to make him confess. A few days before Hartley’s execution, he confessed that he had been the thief, having stolen the pearls, and secreted them in a crevice in the ship’s side, where they had slipped down to the bottom, and he never could get at them again.

Hartley wrote an account of this circumstance to the commander of the ship, who came to Maidstone immediately, and recognized Hartley as having been engaged as an officer’s servant on board; and the latter assured him that the pearls still remained in the place where he had secreted them.

Hartley acknowledged that he was an accomplice in the murder of Mr. Bird and his housekeeper, at Greenwich, for which murder Hussey was executed in 1818, but that neither himself nor Hussey was the actual murderer. Hartley obtained admission into the house by presenting a note at the door, when himself, with Hussey and another person, whom he named, —, rushed into the house and shut the door.

Hartley instantly ran up stairs to plunder the drawers, and whilst there he heard a loud cry for mercy. He went to the top of the stairs, and saw Hussey pull Mr. Bird’s housekeeper to the floor, whilst — struck her repeatedly with a hammer. Hartley ran down stairs, and saw Mr. Bird lying dead on his back. The sight so affected him that he immediately threw on the table two watches which he had secured, ran out of the house, and never saw Hussey afterwards, nor had any share in the plunder.

Happy would it have been had his hands always been as free from blood; but he confessed that he afterwards met a gentleman on the highway and shot him dead; after which he took from his person a watch and 75l.

Hartley was also witness to another scene of murder which occurred in one of his midnight robberies. Himself and a companion had entered the house of a gentleman, who, being alarmed, seized a poker and made towards Hartley, who snapped a pistol, which missed fire. The gentleman seized him by the collar and drugged him to the floor, when Hartley’s companion plunged a knife into his heart, and he fell dead upon hartley.

Two ladies had followed the gentleman into the room, and at the horrid sight they instantly fainted, whilst Hartley and his companion made their escape. He has also frequent[l]y confessed that the murderer of Mrs. Donatty was the above-mentioned —, who he represented to be a most blood-thirsty villain.

In one of his midnight excursions with two of his companions, he had a narrow escape of his life. They had packed up the principal part of the plate in the lower rooms; when one of his companions, with horrid oaths, declared that he would proceed up stairs, in attempting which, he was shot dead at the side of Hartley, who with his other companion, made a hasty retreat.

This circumstance only served to harden him in iniquity, as he acknowledged that he was totally devoid of fear and natural affection. Feelings of remorse were, however, a little awakened a few days before his trial, by an affectionate letter from a sister imprisoned for debt, whom he had robbed of two hundred pounds by forging a power of attorney, by which he obtained possession of a legacy bequeathed to her by a distant relation.

He looked forward to the time of his execution with astonishing coolness; and, in order that he might have the day continually before him, he had drawn a circle on paper, to form a kind of dial, with an index pointing to the number of days yet remaining, and this index he moved daily as the days of life decreased. This monitor he fastened against the wall of his cell, where it was constantly in view. He was but twenty-five years of age, and about five feet six inches high.

* The HMS Bellerophon was one of the most distinguished ships of the Napoleonic wars — the very one aboard which Napoleon surrendered after Waterloo.

That was curtains for the Bellerophon‘s career as well as the Corsican’s; the ship was converted into a prison hulk upon her return. Jams celebrating the ship by her nickname, “Billy Ruffian”, still live on to this day.

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

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1873: Elizabeth Woolcock, the only woman hanged in South Australia

Add comment December 30th, 2016 Headsman

Elizabeth Woolcock on December 30, 1873 became the first and only woman ever hanged in South Australia.

The daughter of a gold prospector, Elizabeth Oliver (as she was then) began a lifelong bout with chemical dependency when she became hooked on the opium used to treat her after she survived a rape at the tender age of seven. (This attack also left her permanently unable to bear children.)

At 19, she joined the Moonta household of alcoholic Cornish immigrant Thomas Woolcock — first as his housekeeper helping to mind the sole child to survive the tuberculotic ravages that had carried away his brother and mother, and within a few weeks as Woolcock’s wife.

Elizabeth was very young and had not known Thomas long. Her infelicitous choice opened an unhappy union that, in the trial to come, would mark her with an obvious motive for murder. “I have to put with it as long as I can but Tom has got so bad, that I cannot bear it any longer,” she wrote to her stepsister a few months before the events that would lead her to the gallows. “He is a perfect devil; and if stop [sic] here much longer I shall hang myself.”

Motivation aside, however, quite a few people not only latterly but also in Woolcock’s own time have suspected that she got a bum rap, product of shoddy medical evidence and a sort of self-confirming communal tunnel vision when Thomas wasted away over a period of weeks in 1873. Thomas Woolcock’s cousin in particular appears to have spearheaded the campaign to open a coroner’s investigation of the death aimed squarely at his widow.

Three different physicians treated Thomas from the time he fell ill at work on July 23 of that year until his death six weeks later. Drs. Bull, Dickie and Herbert each made different diagnoses and prescribed, as this examination of the case puts it, “a bizarre (to modern eyes at least) range of medication that included rhubarb, cream of tartar, mercury and lead acetate.”

Dr. Bull’s prescription of pills containing mercury seems like any obvious place to begin the inquiry since the government’s chemists concluded that mercury poisoning had killed the man, and since the erratic Bull had a chinashop-type relationship to medical competence. (Dr. Bull had done time in the insane asylum; a few months after Woolcock’s execution, he died of an opium overdose.)

Instead, and seemingly driven by the suspicions of local chin-waggers, the investigation and subsequent trial focused on Elizabeth’s acquisition of “poisons” in a dismayingly unspecific sense: she used her stepson to hustle the local druggist for morphine and opium to service her own addictions, and this was a “poison”; she obtained a dandruff medicine that (like many household products of its day) contained mercury, and this was a “poison”;* she had some strange draught called antinomial wine that she was seen to spice with sugar and this too was inferred a “poison”. It all painted Elizabeth Woolcock as a latter-day Tofana without quite telling a coherent story of how she went about killing her husband. It’s not even clear now — and was publicly questioned in 1873 — whether the initial determination of death by mercury poisoning was itself reliable, nor can be certain whether, if mercury is supposed to be the lethal agent, it alone accounts for the entire span from health to grave or if instead a small exposure from Dr. Bull’s pills or contact with the skin medicine only finished Thomas off in a context where unrelated illness had already broken his health.

The evidence as it survives for us doesn’t rule out the possibility, but it’s difficult to reconcile it with anything like the confidence that ought to sustain a death sentence. However, Elizabeth’s garbled last letter did appear to vindicate the prosecution with an admission, though it’s one that her defenders have dismissed as pro forma for a confessor who would have been pressuring her to acknowledge the crime in the context of a final spiritual redemption.

in a evil hour i yielded to the temptation he was taken ill at the mine and came home and quarreled with me and Satan tempted me and i gave any poison for i more and i being very self willed i told him that i knew what power the poison had as i took it my self for some months and i was so ill treated that i was quite out of my mind and in an evil hour i yielded to the temptation he was taken ill at the mine and came home and quarreled with me and Satan tempted me and i gave him what i ought not but thought at the time that if i gave him time to prepare to meet his god i should not do any great crime to send him out of the World but i see my mistake now i thank god he had time to make his peace with his maker.

Efforts, thus far unavailing, to secure a posthumous pardon for Elizabeth Woolcock continue to the present day.

* The family dog died shortly before Thomas got sick; it would be postulated against Elizabeth that she experimented with poisoning on the pet before moving on to the man. An alternative hypothesis that fits the facts could be that the dandruff medicine was administered to treat a skin condition of the dog, which then proceeded to lick at the ointment and poison itself.

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1888: Leong Sing

Add comment December 28th, 2016 Headsman

From the San Francisco Bulletin, Dec. 28 1888:

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1864: Richard Hale, but not Cecilia Baker

Add comment December 27th, 2016 Meaghan

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

On December 27, 1864, Richard Hale was hanged at the Stafford Gaol for the murder of his eight-year-old daughter, Eliza Silletto.

Little Eliza’s body had been found in a cornfield in Coseley in the West Midlands region of England on August 2 that year. Her body was so badly decomposed that at first it was impossible to determine the gender, but it was assumed to be a girl because it was wearing girls’ clothing. Although authorities couldn’t determine the precise cause of death due to the decomposition, they believed the child’s throat had been cut. The body was eventually identified as Eliza. Her father had reported her missing on July 20.

Richard Hale was known in the area as a bit of a hard case: he had recently done time for manslaughter. The victim in that case was his wife, Eliza’s mother, who had starved to death.

After his release, he shacked up with Cecilia Baker and, although not legally married, they lived as man and wife. He had been heard to say he wished his daughter was “out of the way.”

Both Hale and his girlfriend were both arrested and charged with murder, but Baker had to be released for lack of evidence.

However, a witness came forward and said he thought he might have seen the murder. According to John Jones, he was walking near the cornfield when he saw a man and a woman pushing a little girl back and forth between them, harder and harder until the woman actually threw the girl at the man and then turned and started walking away. The little girl started crying loudly, then the sobs stopped abruptly.

Jones hadn’t reported the incident at the time because he didn’t find it suspicious. After all, who commits a murder in broad daylight right in front of a witness?

Jones identified Eliza’s father and his paramour as the man and the woman he had seen that day. His statement gave the authorities the evidence they needed to re-arrest Cecilia Baker for her role in the crime.

Given Jones’s identification and Hale’s criminal history, it wasn’t hard to convince a jury of the couple’s guilt. Hale was sentenced to death, but Cecilia’s death sentence was respited because she was pregnant. Her sentence was eventually commuted and she served a life term at the Knaphill Female Convict Prison in Surrey — the same place where the notorious poisoner Florrie Maybrick did time decades later.

For his part, Hale suffered a public double execution alongside an unrelated murderer, Charles Brough. The visibly nervous Hale pled his innocence all the way to the gallows.

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1882: Myles Joyce, Maamtrasna murder miscarriage

Add comment December 15th, 2016 James Joyce

Thanks to James Joyce for the guest post on “the ancient tribe of the Joyces”, originally published as “Ireland at the Bar” on September 16, 1907 during Joyce’s Italian exile for nationalist newspaper Il Piccolo della Sera of Austrian-dominated Trieste. As the reader will see, James Joyce is interested here in this case as symbolic,* but readers curious about the particulars of the murders and this still-notorious miscarriage of justice might want to tune into the Irish History Podcast’s three-part series on the case or follow the various links for more. -ed.

The definitive 1992 book on this trial, Maamtrasna: The Murders and the Mystery, is out of print but not difficult to find on the used book market. An earlier volume, The Maamtrasna Massacre: Impeachment of the Trials, is in the public domain.

Several years ago a sensational trial was held in Ireland. In a lonely place in a western province, called Maamtrasna, a murder was committed. Four or five townsmen, all belonging to the ancient tribe of the Joyces, were arrested. The oldest of them, the seventy year old Myles Joyce, was the prime suspect. Public opinion at the time thought him innocent and today considers him a martyr. Neither the old man nor the others accused knew English. The court had to resort to the services of an interpreter. The questioning, conducted through the interpreter, was at times comic and at times tragic. On one side was the excessively ceremonious interpreter, on the other the patriarch of a miserable tribe unused to civilized customs, who seemed stupefied by all the judicial ceremony. The magistrate said:

‘Ask the accused if he saw the lady that night.’

The question was referred to him in Irish, and the old man broke out into an involved explanation, gesticulating, appealing to the others accused and to heaven. Then he quieted down, worn out by his effort, and the interpreter turned to the magistrate and said:

‘He says no, your worship.’

‘Ask him if he was in that neighbourhood at that hour.’

The old man again began to talk, to protest, to shout, almost beside himself with the anguish of being unable to understand or to make himself understood, weeping in anger and terror. And the interpreter, again, dryly:

‘He says no, your worship.’

When the questioning was over, the guilt of the poor old man was declared proved, and he was remanded to a superior court which condemned him to the noose. On the day the sentence was executed, the square in front of the prison was jammed full of kneeling people shouting prayers in Irish for the repose of Myles Joyce’s soul. The story was told that the executioner, unable to make the victim understand him, kicked at the miserable man’s head in anger to shove it into the noose. [The hanging was botched -ed.]

The figure of this dumbfounded old man, a remnant of a civilization not ours, deaf and dumb before his judge, is a symbol of the Irish nation at the bar of public opinion. Like him, she is unable to appeal to the modern conscience of England and other countries. The English journalists act as interpreters between Ireland and the English electorate, which gives them ear from time to time and ends up being vexed by the endless complaints of the Nationalist representatives who have entered her House, as she believes, to disrupt its order and extort money.

Abroad there is no talk of Ireland except when uprisings break out, like those which made the telegraph office hop these last few days. Skimming over the dispatches from London (which, though they lack pungency, have something of the laconic quality of the interpreter mentioned above), the public conceives of the Irish as highwaymen with distorted faces, roaming the night with the object of taking the hide of every Unionist. And by the real sovereign of Ireland, the Pope, such news is received like so many dogs in church. Already weakened by their long journey, the cries are nearly spent when they arrive at the bronze door. The messengers of the people who never in the past have renounced the Holy See, the only Catholic people to whom faith also means the exercise of faith, are rejected in favour of messengers of a monarch, descended from apostates, who solemnly apostasized himself on the day of his coronation, declaring in the presence of his nobles and commons that the rites of the Roman Catholic Church are ‘superstition and idolatry’.


Myles Joyce (leftmost) along with Patrick Joyce (center) and Patrick Casey (right). All three hanged together.

There are twenty million Irishmen scattered all over the world. The Emerald Isle contains only a small part of them. But, reflecting that, while England makes the Irish question the centre of all her internal politics she proceeds with a wealth of good judgment in quickly disposing of the more complex questions of colonial politics, the observer can do no less than ask himself why St. George’s Channel makes an abyss deeper than the ocean between Ireland and her proud dominator. In fact, the Irish question is not solved even today, after six centuries of armed occupation and more than a hundred years of English legislation, which has reduced the population of the unhappy island from eight to four million, quadrupled the taxes, and twisted the agrarian problem into many more knots.

In truth there is no problem more snarled than this one. The Irish themselves understand little about it, the English even less. For other people it is a black plague. But on the other hand the Irish know that it is the cause of all their sufferings, and therefore they often adopt violent methods of solution. For example, twenty-eight years ago, seeing themselves reduced to misery by the brutalities of the large landholders, they refused to pay their land rents and obtained from Gladstone remedies and reforms. Today, seeing pastures full of well fed cattle while an eighth of the population lacks means of subsistence, they drive the cattle from the farms. In irritation, the Liberal government arranges to refurbish the coercive tactics of the Conservatives, and for several weeks the London press dedicates innumerable articles to the agrarian crisis, which, it says, is very serious. It publishes alarming news of agrarian revolts, which is then reproduced by journalists abroad.

I do not propose to make an exegesis of the Irish agrarian question nor to relate what goes on behind the scene in the two faced politics of the government. But I think it useful to make a modest correction of facts. Anyone who has read the telegrams launched from London is sure that Ireland is undergoing a period of unusual crime. An erroneous judgment, very erroneous. There is less crime in Ireland than in any other country in Europe. In Ireland there is no organized underworld. When one of those events which the Parisian journalists, with atrocious irony, call ‘red idylls’ occurs, the whole country is shaken by it. It is true that in recent months there were two violent deaths in Ireland, but at the hands of British troops in Belfast, where the soldiers fired without warning on an unarmed crowd and killed a man and woman. There were attacks on cattle; but not even these were in Ireland, where the crowd was content to open the stalls and chase the cattle through several miles of streets, but at Great Wyrley in England, where for six years bestial, maddened criminals have ravaged the cattle to such an extent that the English companies will no longer insure them. Five years ago an innocent man, now at liberty, was condemned to forced labour to appease public indignation. But even while he was in prison the crimes continued. And last week two horses were found dead with the usual slashes in their lower abdomen and their bowels scattered in the grass.

* Even, Christine O’Neill-Bernhard argues in “Symbol of the Irish Nation, or of a Foulfamed Potheen District: James Joyce on Myles Joyce” (James Joyce Quarterly, Spring-Summer 1995) to the point of indulging “highly tendentious” polemical misrepresentations, such as inflating the middle-aged Myles Joyce into a 70-year-old patriarch. In James Joyce’s defense, his expatriate apartments on the Adriatic did not comprise a strong fact-checking position with regard to Irish criminal annals, and he might have been working entirely from memory.

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