Posts filed under '19th Century'

1824: Johann Christian Woyzeck, non compos mentis?

Add comment August 27th, 2015 Headsman

Johann Christian Woyzeck was publicly beheaded on this date in 1824 for fatally daggering his lover in a jealous wrath.

An orphan to whom the Napoleonic Wars gifted to the rudderless youth the stopgap profession of soldiering, but once the fighting stopped, Woyzeck wandered back to his native Leipzig and gave rein to his many vices.

Suicidal, drinking heavily, and unable to hold down steady work, Woyzeck frequently abused his special lady friend, the widow Johanna Christiane Woost. He would later say that he was often urged by voices in his mind to slay her — and on the night of June 21, 1821, after she canceled a rendezvous, he did so at last.

A pathetic exit from life turned out to be an entrance into judicial and literary history.

There was no question but that Woyzeck’s hand had taken Woost’s life, but proceedings against the killer dragged on for three years as courts vacillated on his mental competence. Woyzeck had been wildly depressed and owned to hallucinations and unbalanced moods that his contemporaries could readily recognize as falling near the pall of madness.

Nevertheless, Woyzeck had initially been slated for execution in November 1822 based on the evaluation of celebrated Leipzig physician Johann Christian August Clarus, but another doctor — academics will recognize the irksome intervention of reviewer no. 2 here — horned in with a missive questioning the conclusion.

That stay invited an 11th-hour stay and five more examinations worth of billable hours for Dr. Clarus, who studied up his man again and came to the same conclusion: that Woyzeck, though disturbed, was cogent enough to bear responsibility for his actions. It was in the end by this verdict that the executioner’s sword-arm swung.

The lost soul’s end on a Leipzig scaffold on this date would eventually inspire the writer Georg Buchner to pen the play Woyzeck. Though left unfinished when Buchner died young, the play has been frequently staged down to the present day, and even adapted for the silver screen by Werner Herzog:

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1864: William Howe, deserter

Add comment August 26th, 2015 Headsman

From the Philadelphia Daily Age, Aug. 30, 1864.


In view of the coming draft the Government has found it necessary to hang a man.

The victim selected was a poor man, with a wife and children living in Perkiomen township, Montgomery county. He was a small farmer, with six acres, and engaged occasionally in the manufacture of tobacco and cigars. He lived in a Democratic county and township, where trouble was possible as to the draft, and certain at the election.

He was a man of good character, and ordinarily of gentle disposition. His dying words were: “I commend my wife and little ones to the charity of the world, and I ask pardon of those I may have injured and hope they will forgive me and pray for my soul.”

He was a brave man, had proved it on the battle-field, and as the press report says he told his counsel, “he faced the last music like a soldier.”

Such, in brief, was William H. Howe, of Montgomery county, who, on Friday last, was hanged at Fort Mifflin, where, one of the “loyal” newspapers of this city remarks, “the proceedings were conducted most harmoniously.”


Fort Mifflin as it appeared in 1870. William Howe was the only prisoner ever known to have been executed there.

But this is not all: the Government, in selecting this victim and making this example, was determined to show the Democrats of Montgomery county, that no antecedent merits or services could soften its heart or mitigate its doom of vengeance.

Howe was one of those unfortunate men who, excited by prevalent enthusiasm, and imagining that the authorities would protect their soldiers, enlisted two years ago in a Pennsylvania volunteer regiment. He entered the service in August, 1862, just before Antietam — when Pope‘s army was defeated, and Washington was threatened, and Mr. Lincoln frightened out of his wits.

Howe was one of those of whom Mr. Seward wrote to Mr. Dayton: “Our new levies are coming in in great numbers and in high spirits.” He went through the whole campaign at Fredericksburg, being

one of the five men who came off the field with the colors of his regiment! He exchanged his musket for an Enfield rifle, and again went upon the field with our skirmishers, and remained there all night till next day. He escaped by swimming the Rappahannock river.

Such were his merits, who was ignominiously hanged last Friday.

Now, a word as to his delinquencies. We again quote the loyal reports:

At the time he left the regiment he was suffering from inflammation of the bowels, and the regimental hospital being burned down, and having neither surgeons nor medicines, he, with some twenty others, determined to look out for themselves for treatment and reported themselves to the hospitals at Washington. Afterwards he and Augustus Beiting, a member of his company, returned to their homes.

For some two months afterwards Howe was confined to his bed.

This, we presume, was called “desertion.”

Two poor fellows, wasted by the most agonizing of diseases, with no hospital roof to cover them, and, mark this! gentle reader, who hear of champagne dinners and tableaux in our suburban hospitals, “having neither surgeons nor medicines,” wander back to their homes, and lay their wearied limbs and throbbing temples on the humble bed in Perkiomen. This was the initiate crime, though not the one for which he died. Let us see what that was, for we have no wish to do injustice to the executioners. We do not at all agree with the Press, which says “that having once given the facts, a further statement is superfluous.”

The scene of the crime was his home in Montgomery county.

That county has a Perkiomen township, and a Chiltern township, not many miles apart. Little over a year ago, in the latter township, a poor but most respectable white man, Mrs. Butler’s gardener, walking quietly on a public road, was shot down like a dog by a negro soldier, and died in agony.

For this dark deed of blood, the penalty was a mild conviction for manslaughter, — which it as much resembled as it did arson or burglary, — a sentence for a few years, and, if we mistake not, a pardon.

The negro ruffian, unlike poor Howe, had never done a deed of valor, or probably fired a musket till he pulled the trigger at the wayfarer on the Chiltern lanes. He was one of the League pets — a Chestnut street darling, and had a claim on the sympathy and mercy of those who judge always gently a negro’s fault.

Not so William H. Howe, the white Perkiomen soldier.

His deed of wrong was this: About midnight of the 21st June, 1863, he was awakened from a deep sleep — till then the sleep of innocence — by an alarm supposed to be given by the companion who had accompanied him home, that the Provost Marshal was coming to arrest him.

The first impulse was incredulity. The next, to try to escape. The last, resistance.

The words Provost Marshal, associated in a soldier’s mind with thoughts of severity, and cruelty, and sternness, have an awful sound by day or night. Those who think all Provost Marshals resemble the effeminate fribbles who superintend the draft in our streets, can form no idea of the real spectre.

Howe seized his musket, probably the one he brought in triumph from the bloody field of Fredericksburg, and fired it in the darkness, killing the enrolling officer.

The negro’s deliberate homicide is manslaughter. The white man’s rash or passionate misadventure is capital murder.

“I never,” said Howe on the scaffold, “sought the life of the man I killed. I never wished it, and I feel God will pardon me for taking it as I did.”

This, then, is the deed for which this poor fellow was condemned and died — and for which, in view of the draft, no mercy was found in the hearts of Joseph Holt and Abraham Lincoln.

Of the trial by some unknown, irresponsible military court, of which the prisoner’s prosecutor was the President, we do not care to speak. We think of it as history does of the judges who, a hundred years ago, sent to his bloody grave, according to the forms of martial law, a gallant English sailor, whom the hard-hearted monarch of that day refused to pardon, but executed “to encourage the others.” It is a sad record altogether.

And then the feeble attempt at a habeas corpus in the Federal Court, and the citation of Wolfe Tone‘s case, with its suggestive hint at suicide! The whole thing seems like a hideous mockery.

The Judge’s idea that Howe, like Tone, had waived the writ by appearing before the court martial, seems a little odd, but we do not presume to criticise judicial action, and we are very sure the Judge must have been reluctant to deny relief to a Montgomery county man, one of his former constituents. The writ, however, was refused, and last Friday, the white man was hanged, and the enrolling officer was avenged.

Howe died like a brave man. He parted with his wife and three little children with deep emotion, and then his work was done.

He was taken in an ambulance by a back way from the Penitentiary, now, it seems, used as a military prison, to the river and thence in a boat to Fort Mifflin.

“Neither guard nor prisoner,” says the North American, “uttered one word during the run down to the Fort.” There was quite a crowd to welcome him.

“The steamer Don Juan,” says the Press, “was chartered for the purpose and took down the members of the Press club.”

“The gallows,” kindly loaned by the Inspectors of the County Prison, says the same paper, “was the one on which the Scupinskis, Arthur Spring and Maddocks were hanged.” In other words, the brave Fredericksburg soldier — the Perkiomen volunteer — was ostentatiously disgraced by being put on a level in this respect with mean, mercenary murderers — and Howe died without a murmur or complaint, keeping his word that “he would face the music like a soldier.” And thus the hideous narrative concludes: “The body was taken down and placed in charge of Mr. Black, the Government undertaker, who had it embalmed yesterday afternoon and sent to Howe’s widow.”

And it will be carried to his home — and the embalmer, proud of his skill, will take off the coffin lid, and the widow and the three little children will look at the swollen and blackened features of him they loved so well, and they will think of the pride with which he used to tell, and the interest with which they used to listen to the tale of his rescuing the regimental flag at Fredericksburg — and the neighbors will come and look, and in many a lacerated and agonized heart the question will be asked, “why was there no mercy for him?”

The Fishing Creek Confederacy details Civil War draft resistance in a different Democratic region of Pennsylvania.

To us the whole thing seems simply horrible; and badly as we think of it, doubly atrocious will have been the deed, if the reason given for this execution be the true one. The Press, which may certainly be considered the organ of the Administration here, thus accounts for the severity in this case:

The deceased exhibited great bravery at the first battle of Fredericksburg, and after several color bearers had been shot down, he seized the standard and bore it through the heat of the contest. These were noble traits, which he is yet entitled to. It is very evident that he did not intend to kill Mr. Bartlett, but society at that time, in that part of Pennsylvania, was tainted with Copperheadism, and it may be well supposed that the draft resisting, dark lantern conspirators had the effect to instil in the mind of Howe some of the poison for which their victim was hung instead of themselves.

According to this, this brave soldier was hanged because he lived in a Democratic region. The negro of the Chiltern Hills was spared because Government bankers, and Abolition lecturers and shoddy contractors there do congregate, and the township gives a Republican majority.

The patience of the people of Pennsylvania really seems inexhaustible; and all we can hope to do is to help to make up the awful record of atrocity for the long deferred, but inevitable day of retribution.

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1851: Samuel Whittaker and Robert McKenzie lynched in San Francisco

Add comment August 24th, 2015 Headsman

On this date in 1851 — mere hours after a similar exercise of summary justice took place in Sacramento — the San Francisco Vigilance Committee strung up two accused crooks.

This was the throes of the California Gold Rush — and San Francisco was its epicenter.

San Francisco entered the gold rush an unassuming port of perhaps a thousand souls … but she exited it as one of the American West’s leading cities.

It made an unruly adolescence for the boom town as penniless treasure-hunters poured in from every quarter of the globe. “Turbulent, gold-hungry men,” wrote Herbert Asbury in his The Barbary Coast: An Informal History of the San Francisco Underworld “transformed the once peaceful hamlet of San Francisco into a bawdy, bustling bedlam of mud-holes and shanties.” Suddenly, San Francisco had a huge crime problem — not to mention the conflagrations* that repeatedly devastated the fast-growing tangle of tinderworks shacks.


San Francisco in 1850

In an effort to sustain some measure of order, a number of the city’s respectable citizens banded together to create a famous or infamous Vigilance Committee.

Sworn in their published constitution of June 9, 1851 “to do and perform every lawful act for the maintenance of law and order,” the Committee declared itself “determined that no thief, burglar, incendiary or assassin shall escape punishment, either by the quibbles of the law, the insecurity of prisons, the carelessness or corruption o the Police, or a laxity of those who pretend to administer justice.”

Two days later, they proved their chops by hanging on no authority but their own emigre from Australia named John Jenkins for stealing a safe. A month later, James Stuart, also late of Sydney, was lynched at the Vigilance Committee’s hands, too.

Detail view (click for full image) of Whittaker and McKenzie’s lynching.

Though not the first Vigilance Committee hangings, Samuel Whittaker and Robert McKenzie might be the best-known.

Like their predecessors, Whittaker and McKenzie had arrived from Australia** — which had aptly bequeathed to gold rush San Francisco a criminal colony of its own in the form of a network known as the Sydney Ducks. Scrambling to save his own neck, Stuart had informed on a number of these confederates.

Whittaker and McKenzie were arrested based on Stuart’s information, as the Vigilance Committee tried to smash up the Ducks. Though extrajudicial, the Committee’s investigations were at least as meticulous as one might expect from the law at this moment in time, and the minutes of its witness interviews can be read here.

In the end, the two were basically convicted not so much for any individual crime as for their lengthy careers of robbery, often violent — for “divers offences, whereby the safety of Lives and property have been endangered” (as read the executive report on Whittaker) that rendered each “a hardened offender, and dangerous to this community … it would be unsafe to hand him over to the Authorities or mete out to him a less Penalty than Death” (as read the report on McKenzie).

Such an arrangement of juridical powers, exercised in lieu of “unsafe” Authorities, can scarcely persist long-term. Here, the governor of California, John McDougall determined to intervene in order that the fracturing of the Australians’ vertebrae would also vindicate the majesty of the law.

McDougal arrived to San Francisco and secured a writ to seize the suspects from the Vigilance Committee’s hands, tucking them away in the county jail.

Although in principle this orderly and lawful prosecution of malefactors was exactly what the Committee wanted to see happen, Gov. McDougal’s intervention when they were on the brink of consummating their own process left everyone with a frustrating sensation of justice interruptus.

And so that next Sunday — August 24, 1851 — when prisoners were removed from their cells to a chapel for the salvation of their souls and the jail’s guard detail was reduced by the proportion of gendarmes attending services of their own, a party of 36 Vigilance Committee men barged into the jail, overpowered all concerned, and seized their prey.

“Never before was San Francisco so excited,” editorialized the Steamer Alta California (Sept. 1, 1851).

Through every street, in all directions, the hurrying crowd of humanity rushed with the utmost precipitation — no one knew whither, no one knew for what. The bell of the Vigilance Committee had sounded its alarum note — and instantly the streets were living, swaying masses of human beings — uncertainty and conflicting fears and hopes ruled the hour … with a sweep like the rushing of a torrent of lava they bend their course towards the Rooms of the Vigilance Committee. Almost instantly California street, Battery street, and all their approaches, are filled with one dense mass of human beings. From lip to lip the news flies that the two criminals, Mackenzie and Whittaker, have been taken by force from the jail, by an armed posse of the Vigilance Committee. On the eager and excited multitude press toward the Rooms. On, on, on — the crowd becomes denser and broader. Wonder is stamped on every face — a solemn, almost awful silence pervades the thousands who are anxiously gazing up at the building, when quickly the doors are opened — a moment of preparation — and the numberless multitude holds its breath as the two malefactors are seen suspended by the neck — a struggle or two, a spasmodic heaving of the chest — and each spectator feels a thrill of terror coursing his veins as he involuntarily utters — dead, dead, dead!

Yes, they were dead! The two men — Whittaker and Mackenzie — who were taken from the hands of the Vigilance Committee a few nights since, by virtue of a write of habeas corpus, had been torn from the ail by force, in the middle of the day, and at the risk of life, hurried to the Committee rooms, and executed without scarcely a moment’s preparation. It is a most terrible tragedy! Well, indeed, might one exclaim, “I have supped full with horrors!”

Such are the terrible effects of misrule — these are the fruits of maladministered laws — these the results of official corruption, neglect and malfeasance. Well may the patriotic and the good turn in sadness and grief from the contemplation of such horrors. The timid may shrink from beholding them — the quiet desire an end to them; but neither fear, regret, nor desire will accomplish our security. It must go abroad over the land that this community possesses the power and the will to protect itself against every species of wrong, and that it is resolved to do it at all hazards.

Whilst we regret that the Vigilance Committee have by this act, been brought into direct collision with the constituted authorities, we cannot but approve their course in executing the two criminals. This condition of affairs was not sought by the committee; it was rather forced upon them by the action of the authorities. True, the authorities acted rightly in rescuing the men; but the course they took has proved to be unnecessary and injudicious. No one doubts the guilt of the men executed, and no one believes but that they deserved the punishment they received. The Vigilance Committee felt this, and believing that the public welfare would be promoted by the act, they had resolved to execute Whittaker and Mackenzie. But the officers of the law, with unusual adroitness, prevented the decision from being carried into effect. The Vigilance Committee have now redeemed their honor, and carried out their original determination, by recapturing the prisoners and executing them. The line of division between the legitimate civil power and the Vigilance Committee is therefore plain, broad and unmistakable.

And what is to result? We see nothing disheartening or dispiriting in the prospect. On the contrary, we think we perceive that settled determination on the part of the body politic to have justice done, which is to be the great lever of our salvation. When crime is convinced, as it must now be, that nothing is capable of preserving it from speedy and avenging punishment — when the abandoned feel, as they will now feel, that there is no safety for them here — when all bad men shall understand, as they may now understand, that their unworthy acts will surely be visited with condign reward — then will the country rise above its tribulations and its sorrows.

But this is a dreadful storm! If we did not know the ship, the crew and the passengers, we might despair of our reaching port. As it is, we speak confidently. We feel that there is gloom around us, but there is nothing to alarm the honest and patriotic. The guilty may, and ought to, flee before the gale of popular indignation; but it is through such trials that our voyage is ultimately to become a prosperous and fortunate one. Through the watches of the night of darkness which now surrounds us, there is a gentle voice whispering “Be firm, be calm, be just, and the welcome daylight will soon come!”

The Vigilance Committee disbanded itself a few weeks later. Its last act in 1851† was to prevent the lynching of a sea captain by sailors angered at his brutality, an expression of class solidarity in the definition and punishment of crime as timeless as America herself. (Source)

* These fires were widely feared to be the product of arson motivated by the opportunity to loot. This is likely a reversal of cause and effect. One inclines here to reckon with Tolstoy that cities have a natural tendency to kindling fire, and those fires are liable to blaze out of control in inverse proportion to the city’s administrative faculties.

The late San Francisco police officer and amateur historian Kevin Mullen puts together an argument here that merchants opportunistically torching excess stock to sustain gold rush price gouging was also a contributing factor.

** Both men were born in England; many of the Sydney Ducks hailed originally from the British Isles.

† Like Batman, the Vigilance Committee later emerged from retirement to fight crime again, in 1856.

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1811: Barbara Zdunk, the last witch (sort of)

Add comment August 21st, 2015 Headsman

Barbara Zdunk was executed on this date in 1811 in the Prussian city Rößel (today the Polish city Reszel).

Zdunk is the chronologically latest candidate for the elusive distinction of “the last witch execution in Europe”. Devastating fires that hit Reszel in 1806 and 1807 activated her neighbors’ suspicions of Zdunk witchery; however, enlightened Prussia had dispensed with its witch-burning laws long before the books in the 19th century so Zdunk must have been formally prosecuted simply as an arsonist — whatever the actuating superstitions behind that charge. The idea was that she caused the conflagration by torching the house of her faithless fiance.

Reszel Castle, the 14th century citadel whose dungeon entombed Ms. Zdunk for a couple of years prior to her execution, is today an atmospheric hotel, allegedly haunted by spirit of its famous former inhabitant.


Reszel Castle. (cc) image by Leszek Kozlowski.

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1899: Armstead Taylor and John Alfred Brown, horribly

Add comment August 18th, 2015 Headsman

From the Wilkes-Barre (Pa.) Times, Aug. 18, 1899:

ROCKVILLE, Md., Aug. 18 — Armstead Taylor and John Alfred Brown, negroes, were hanged here this morning for the murder of Mr. and Mrs. Rosenstein at Slidelle in March last.

The drop fell at 10:15[?]. The hanging was a horrible botch. the knot did not slip but the drop was long enough. The men writhed, groaned and uttered inarticualate [sic] sounds for nearly ten minutes.

The murders for which they were convicted and sentenced to be hanged were committed at Slidelle, a little station two miles north of Boyds, Md. on March 13 last.

Louis Rosenstein, the postmaster of the hamlet[,] lived with his aged parents in the rear of the post office. They were said to have plenty of money. Early one morning they were attacked and the man’s skull was crushed and the woman’s head pounded with some blunt instrument.

The store was ransacked and a little over $3,000, a pair of shoes and several articles were taken.

Louis Rosenstein died the day after of his injuries and Mrs. Rosenstein lingered until May when she succumbed in a hospital at Baltimore.

Taylor went to Washington and soon attracted attention by spending money in a lavish manner in Georgetown. Suspicious neighbors gave the police the information that led to his capture.

Before Taylor was arrested, however, Sergeant Fritz Bassau of the Washington police force gave up his life. Taylor shot him down as he was climbing the stairs to arrest him, where he was concealed in the house at Georgetown. He also shot Officer Gowon in the hand.

Taylor was taken back to Montgomery county, but did not stand trial for injuring the policemen. His trial was begun at Frederick on July [?] and Brown’s a week later. Both were convicted and sentenced to be hanged August 18.

Strong efforts were made to have Brown respited, it being believed by many that he was only an accessory after the fact.

The men mounted the scaffold at 10:15. They were both calm and exhibited nerve. As they were placed on the door the sheriff asked if they had anything to say. Taylor made a rambling statement in an almost inaudible voice. He appeared weak and swayed upon his feet. He said:

Gentlemen, I done both the killings myself. My Uncle Brown is not guilty. I am the guilty man, but I expect to go to heaven.

Brown refused to make any statement beyond that he had forgiven his enemies and had found salvation.

The deputies then adjusted the rope, before placing the black caps on their heads. Both men smiled and Brown said good-bye to some friends in the crowd who spoke to him.

Sheriff Thompson tok [sic] a board about six feet in length, walked over to the side of the scaffold, reached down and inserted the end of a plank in the wire ring and sprung the trap.

The bodies fell through simultaneously and began to writhe and sway in a horrible manner. Taylor seemed to be conscious and appeared to be trying to speak.

The priests pronounced it the most horrible execution they had ever seen.

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1817: Not Hall or Read, prosecuted for blood-money

Add comment August 16th, 2015 Headsman

Miscarriages of justice perpetrated by actors in a position to extract private benefit from generating criminal prosecutions is a story as old as the hills. This one, as reprinted in the London Morning Chronicle, Aug. 25, 1817, at least has a happy ending:

EXTRAORDINARY CIRCUMSTANCE

Two soldiers, named Hall and Morrison, were on the 26th July tried for a highway robbery at the Stafford Assizes, before Baron Garrow, convicted, and ordered to be executed. They were prosecuted by a man named Read, a bricklayers labourer, who swore that they knocked him down and robbed him of a shilling and a penny, in a church-yard at Wolverhampton, on the 23d July. The evidence of the woman in whose house the prisoners resided, went to prove that they did not sleep at home on the night of the imputed robbery. To those two witnesses the evidence was confined, and against it there appeared nothing upon the trial, except the declarations of the prisoners, containing facts which were afterwards sworn to be others, and which, after the utmost labour of a few benevolent persons, were the means of saving the innocent prisoners from a death which appeared to all to be inevitable.

The two soldiers were, upon the 23d of July, drinking at an hour too late for admission at their lodging at Wolverhampton, and, after applying in vain to be allowed to go into the guardroom to sleep, walked about the village to kill time.

In loitering through the church-yard they met a man who seemed to be in want of work, and, like themselves, without a lodging for the night. A conversation ensued, and the stranger told them his name was Read; that he was a bricklayer’s labourer out of employment, and a Hertfordshire man.

It happened, that in his description he hit upon the part of the country from which one of the prisoners came. A jesting dialogue took place between them, and at length it was agreed that they should wrestle.

Hall was the friendly opponent of Read upon the occasion, and he was thrown in the first round of wrestling. In the second, however, Hall was more successful in the feat of activity, but his triumph nearly robbed him of his life. The vanquished man dropped a shilling and a penny from his pocket. Morrison immediately picked up the money, said it would do for beer, and put it into his pocket. The soldiers quizzed Read about his loss, and were heard by a watchman near the spot acknowledging that they had the shilling, and would certainly dispose of it in the most convivial way.

Read growled about his money, and showed a disposition to quarrel, but did not utter a word about his being robbed of it. About five o’clock in the morning the three were seen near the market-place by another watchman, and the soldiers were bantering Read upon the same subject.

The good humour of Read, however, at this time, appeared quite broken up; he spoke of having the soldiers taken into custody, but was answered by a laugh from them. A grocer, named Powis, saw them all under similar circumstances, and heard Read complain of no attempt at robbery, but saw that he was not pleased at being laughed at.

The grocer soon after met a man named Roberts, the keeper of the House of Correction at Wolverhampton, and mentioned to him that Read said two soldiers had got his money. The answer of Roberts, which did not strike the grocer as extraordinary at first, was, “I must see that man; this is a good job.”

The event, however, soon explained the language. Roberts immediately inquired after Read, questioned him upon the loss he had sustained, and in a very short time apprehended the two soldiers upon the charge of robbing Read in the highway of a shilling and a penny. Before the magistrate, Read swore that the soldiers knocked him down and robbed him of his money in the church-yard. Their commitment was immediately made out, and they were sent to the Assizes of Stafford, where, on the Saturday following they were tried and condemned for the capital offense.

The inhabitants of Wolverhampton knew nothing of the intention of Read upon the interference of Roberts in this transaction. It was generally concluded amongst them that the angry state of mind in which Read appeared, would have influenced him to swear a common assault, but nothing at all serious was apprehended from the wrestling bout. There was consequently no interference upon the part of those who were acquainted with many of the circumstances; and the matter died away until the village was struck with horror at an account in the Stafford paper of the proceedings of the Assizes. An old man was reading the paper in an ale-house to a number of politicians, who were not much affected at any thing they heard until he came to that part which stated the number of persons left for execution. Amongst the names were those of Hall and Morrison. The whole population of Wolverhampton instantly showed how they felt upon an occasion so dreadful.

The Rev. Mr. Guard, one of the most venerable characters in that part of the country, who officiates in the village where Hall’s family resides, upon hearing the event of the trial, set out for Wolverhampton, where he found the people already meeting and acting upon this subject. The men were to be hanged this day (Saturday last), and not a moment was to be lost. Mr. Guard, who had known Hall from his infancy, and would have staked his life upon the integrity of the young man, made a quick but deep inquiry into the facts, and having found every thing confirmatory of his innocence, followed Baron Garrow on his circuit to state what he had learned from the very best authority, and obtain a respite.

He saw Mr. Baron Garrow, but his Lordship appeared to see no reason to alter the opinion which he had formed from hearing the trial. The worthy Clergyman, however, was so well convinced of the truth of his own information, that he could not help exclaiming, with more zeal than discretion, “I see you are determined to hang these poor men.”

Mr. Baron Garrow was naturally offended at this intemperate observation, and an eminent Barrister remarked, that Mr. Guard’s object was wholly defeated by the use of it.

Mr. Guard was not, however, to be turned from the endeavour to save the lives of the two soldiers; there was another quarter to which he could apply. He immediately came to town, and went without ceremony to Lord Sidmouth, to whom he obtained an easy access. He remained in conversation with his Lordship between three and four hours, and Lord Sidmouth afterwards declared, that he never in his life saw such an interest taken in the fate of men who were not related by domestic ties to the individuals whom he was labouring to save. This meeting gave Mr. Guard hopes; though Lord Sidmouth had observed, that in cases of this kind the Judge was necessarily better acquainted with all the bearings of the evidence than the Secretary of State, and therefore his power was seldom interfered with, except under circumstances of strong fact.

Mr. Guard posted back to Wolverhampton the moment after he parted from the Secretary. A meeting of the inhabitants was called, at which Mr. Mander, and all the other respectable residents of Wolverhampton attended.

The witnesses were sworn, and a Petition to the Prince Regent was signed and delivered into the hands of Mr. Guard, who, accompanied by Mr. Charles Mander, very soon after arrived in town. These two gentlemen went, with Mr. Pearsall, of Cheapside, to Lord Sidmouth, and put into his hands the evidence of the innocence of the soldiers. His Lordship requested that Mr. Pearsall would relate the circumstance.

That gentleman repeated the manner in which Read and the two soldiers had acted in the presence of the watchmen and the grocer. Lord Sidmouth was just going up with the Recorder’s Report, and said, that upon his return he would examine the affidavits, and act upon them. Mr. Pearsall observed, that the men were ordered for execution on Saturday, but was assured by his Lordship that their case should not be neglected, and that the affidavits should be laid before the Attorney-General.

Upon the next meeting, Lord Sidmouth said there had been no necessity for laying the affidavits before the Attorney-General. The case, he observed, was one of the most interesting that ever came before him.

Indeed, such was the effect of the affidavits upon him, that he was not only immediately convinced that the soldiers should not be executed, but, in the absence of his clerks, he wrote the dispatch for their respite with his own hand, and sent it to the Sheriff; “because,” said his Lordship, “I could not endure the thought that the soldiers should have one hour more of unnecessary anxiety.”

Mr. Pearsall said there was no doubt that the men had no intention of felony; it would also appear, at another time, that the prosecutor had no intention of indicting them, until he was instigated by Roberts, with the view of gaining the reward called “Blood-money,” which was accordingly pocketed by Read and the keeper of the prison, to the amount of 80l.

Lord Sidmouth declared, that, under such circumstances, an immediate investigation should take place. He coincided in the opinion of the impropriety of Roberts’s conduct, and said a pardon would be instantly granted to the soldiers. He also complimented, in the warmest manner, the conduct of Mr. Guard and the other gentleman, who had exerted themselves. In the course of his observations to Lord Sidmouth, Mr. Guard said he would give up half his fortune to save the life of Hall, so convinced was he of his honesty.

While these operations were going forward in London, affidavits, copied from those handed to the Secretary, were brought to Mr. Baron Garrow by Lieut. Buchanan, of the same regiment as the soldiers, and a respite was instantly granted by his Lordship when he read them.

The Officer stated, that Baron Garrow, upon reading the affidavits, said, if the facts had been known before, their respite should have been granted; and asked whether they would, upon being pardoned, be taken into the regiment again? Lieutenant Buchanan immediately replied, that they would be most gladly received.

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1817: Four arsonists in the rain

1 comment August 15th, 2015 Headsman

Account from the Derby Mercury, Aug. 21, 1817:

THE EXECUTION OF
John Brown, Thos. Jackson, Geo. Booth & John King.

The above unfortunate men were arraigned at our late Assizes for setting fire to certain hay and corn stacks, the property of Winfield Halton, Esq. of Southwingfield, in this county, and after a long and impartial trial were found guilty on the most satisfactory evidence, by a very respectable jury of their fellow countrymen. The awful sentence of the law was passed upon them in the most impressive manner by the Judge, who endeavoured to prepare them for the fate which awaited them by assuring them that the heinous nature of their offence precluded all hopes of mercy.

For some days after their condemnation, however, they cherished a hope that pardon or at least a mitigation of their sentence might be extended to them. Under this impression they persisted in asserting their innocence of the crime for which they were about to suffer, and even when this delusion could no longer influence their conduct, their denial of all participation in the offence of which they had been convicted was repeatedly made in the most solemn manner. The faithful exhortations of the Chaplain, and also of a Dissenting Minister, who at their own request attended Brown and Booth, failed to draw a confession of the fact from them. Still they did not appear unimpressed by certain religious convictions which might have been expected to lead to contrition. But in the midst of their profession of forgiveness towards their prosecutor and the witnesses who appeared against them, there was a manifest irritation of mind and a vindictive expression of feeling which justified a doubt of the sincerity of their repentance.

This was particularly the case with Brown and Booth, who were confined together. Jackson exhibited a calmer state of spirit, but still protested that he was not guilty. King shewed the most absolute submission to the fate which awaited him, and his assertions of innocence seemed to be made more in deference to the wishes of his fellow criminals, than to arise from another cause. Indeed he had made a confession of the offence before his trial, but was led subsequently to retract what he had admitted.

It was vainly hoped that at the place of execution they would prove by their confession that their general professions of contrition were sincere. But they had previously stated that they should die with the protestations of innocence on their lips, and not even the dread prospect of that eternity on which they were about to enter was able to produce a charge in this determination.

They were brought out upon the scaffold about a quarter before one o’clock, and seemed but little affected by the sad solemnities by which they were surrounded. After the Chaplain had concluded his devotions, in which they appeared to unite with some degree of fervour, they sang a hymn, all joining in it except King, whose manner expressed a firmness bordering on indifference, and a high disdain of the enthusiastic fervours by which the others seemed to be sustained. Booth and Brown addressed the immense multitudes who were assembled before them; the former expressing himself in unwarrantable terms against individuals whom he named, and the latter exhorting the croud to religious faith and practice.

They, as well as Jackson spoke familiarly to their acquaintances who came to witness their tragical end, and their whole behaviour betrayed an insensibility to their real situation which it was painful to observe, and would be difficult to account for, were not their previous abandoned characters sufficient to furnish the solution. The drop fell from under them about five minutes after one o’clock, and they seemed to die almost without a struggle.

Such was the deportment of these wretched men; even in the closing scene of their lives, aggravating the heavy criminality of their former conduct, by their continued protestations of innocence. Many circumstances tended to produce this. The state of the prison in which they were confined did not, unfortunately, admit of their being in solitary cells, and their intercourse with each other seems to have given them hardihood to deny what had been so clearly proved against them, by evidence which has not been in the slightest degree affected by any circumstances that have subsequently transpired. Indiscreet communications from their friends, by which they were assured that their innocence was believed by their neighbours, farther tended to make them persevere in their first protestations. They seemed unwilling to destroy the sympathy which they believed they had succeeded in exciting.

Still it appears incredible to many that guilt should be so bold, and the professions of religion loudly made by two of the criminals are thought by some to be greatly in favour of their sincerity. Nothing however is more common than protestations of innocence even at the place and hour of execution; nor is it wonderful, where all moral feeling has been outraged during a long course of years that it should not be displayed in a nice regard to truth even in the most awful moments.

The professions of religion made by men who have not been brought by penitence to confession, may well be regarded with suspicion, and such conduct would be inconceivable were we not aware that a species of fanaticism is abroad in the world which separates religion from morals, and substitutes mere profession in the place of practice.

As every fact which may tend to illustrate the principles of human action deserves notice, it is worth observing, that a heavy shower happening, whilst the men were singing the hymn, two of them deliberately retreated to the shelter of an umbrella which was expanded on the drop, and a third placed himself under cover of the door way. The inconvenicne of being wet was felt and avoided by men who knew they had not five minutes longer to live!! The whole of the scene now recorded was one of great horror, increased by the conduct of the criminals themselves. The many thousands of spectators behaved with great decorum, but retired from the spectacle apparently little impressed with sympathy towards men who had evinced so much insensibility to the real nature of their own unhappy condition.

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1895: Minnie Dean, the only woman hanged in New Zealand

Add comment August 12th, 2015 Headsman

On August 12, 1895, Willamina “Minnie” Dean became the only woman executed in New Zealand’s history.

An immigrant from Scotland, Dean married an innkeeper making bank in a gold rush boom town. If only the mines had not played out!

After they did, the Deans fell on hard times; Charles kept pigs instead of inns, and Minnie kept unwanted children. This “baby farming” industry carved out a curious niche in the Victorian heart of darkness — the domestic heart of darkness, not the colonial one.

Between the dearth of contraception and the stigma attached to unwed mothers, there was a ready market of unwilling parents hoping someone would whisk their little angels away. The “Winton baby-farmer” did just that — for a fee.

The question, then as now, is whether the many infants who died in Dean’s care perished because of calculated homicide, or because of the staggeringly high infant mortality rate of the era. Since baby farmers took one-time fees to take in children whom they would thereafter have to maintain, their incentives were to turn over the stock as quickly as possible — either by placing the child with an adoptive parent or … well …


This report (from the Aug. 14, 1895 Daily Telegraph) alludes to a fictitious lady-in-waiting of legend, whose shadowy inspiration in fact was a real-life Scottish expatriate beheaded for infanticide by Peter the Great.

Police surveilled and investigated Minnie Dean’s operation off and on for more than five years before her June 1895 capital trial: inquests after children’s deaths in 1889 and 1891 attributed them to natural causes but also noted deplorable sanitary conditions. Police found that she had attempted to take out life insurance policies on at least some of the kids.

Fearful of the attention (but still needing the income), Dean became more furtive, and this only made her look the more guilty. As greatly as the circumstances have changed, Dean’s case and others like it mirror the difficulty present-day judiciaries still have in drawing a bright line around childhood fatalities that can be convincingly attributed to abuse.

In the end it wasn’t the coroner who undid Dean, but an eagle-eyed railway attendant who noted the woman boarding a train with a baby and a hatbox … and later leaving the train with a hatbox but no baby. Now the investigation closed in on the Winton baby-farmer quickly: when Dean could not produce the infant granddaughter a woman claimed to have given up to her, police put a spade to her garden and turned up three corpses in the topsoil. The three-year-old boy had an undetermined cause of death, but the two infant girls had perished from suffocation and a laudanum overdose. One of them was the missing infant granddaughter. Murder charges ensued.

Her attorney was Alfred Charles Hanlon, who would go on to a brilliant career at the bar but was here defending his very first homicide — and was unable to interest the jury in an alternative configuration of the incriminating circumstances, namely that Dean had covered up accidental deaths fearing just that they would be taken for murders. (A 1985 TV series about this attorney, Hanlon, explored the case in its first episode, which can be seen online here.) Still less did that angle interest gawkers crowding the courtroom and the hustlers who sold them hatboxes carrying grotesque baby dolls.

Dean maintained her innocence on the scaffold (at least “as far as intention and forethought was concerned”)

As an appropriate postscript, a boy trying to eyeball the macabre proceedings from the roof of a building overlooking the gaol fell off of it, fracturing his skull.

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1849: Konrad Heilig and Gustav Tiedemann, Baden revolutionaries

Add comment August 11th, 2015 Headsman

Konrad Heilig and Gustav Tiedemann, two officers who joined the Baden Revolution(s) of 1848-1849, were shot on this date in 1849.

In southwest Germany’s edition of the revolutionary wave that swept Europe in 1848, Baden’s radical democrats attempted to topple the Grand Duchy of Baden in hopes of uniting with a (still aspirational) greater Germany.

Two separate risings were easily defeated in 1848.


German Confederation troops
storm Republicans in Freiburg in April 1848.

Baden revolutionaries’ last gasp came in May-June 1849; its progress in detail is explored in a public domain volume, An Account of the Final Struggle, in Baden, for the Maintenance of Germany’s First National Representative Government.

Remnants of the left in Baden, exiles from the last go-rounds, and sympathetic soldiers who mutinied at the fortress of Karlsruhe and Ratstatt declared yet another abortive republic. Although the disturbance briefly forced Grand Duke Leopold to flee, other German states allied with Leopold’s exiled government to crush the rebellion. Revolutionary Baden had no chance in a test of arms against Prussia, which defeated the rebellion at Waghausel, then reduced the holdout fortress of Ratstatt. In all, 19 were shot there as rebels between August and October of 1849.

Rastatt saw the most blood flow in the execution of the law as enforced by the invaders. Here leader after leader was laid low, and his body thrown, without coffin or funeral service, into a big ditch prepared in the northern end of the cemetery. One day it was Major Konrad Heilig, the commander of the Rastatt artillery, who as a non-commissioned officer had been the pride of his men, as well as the tallest man in the army. He walked calmly to the place of execution smoking a cigar, and only when force was threatened allowed himself to be blindfolded …

Colonel Tiedemann … had been originally a lieutenant in the Baden army, [and] was the son of a well-known professor in the Heidelberg Uiversity, had gone to Greece and fought in the army of the country, and had a Greek wife and a young son in that far-away land …

In the year 1873, friends and companions-in-arms of the dead asked permission to erect a gravestone common to all those interred there; the Baden government offered no objection but Prussia stepped in with its veto, and the burial-place is still unmarked, although visited yearly by pilgrims from all parts of the world.

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1883: James Burton, William Marwood’s last

Add comment August 6th, 2015 Headsman

On this date in 1883, the illustrious hanging career of executioner William Marwood came to an inglorious conclusion.

The Billy Beane of the Victorian gallows, Marwood brought metrics — that is, calculated drop distances designed for killing precision — to a craft long characterized by clumsy amateurism.

James Burton, 33, had killed his 18-year-old wife in a violent quarrel earlier that same year; according to his confession, after she jabbed him with an umbrella and threatened to swear his life away,

my temper got the best of me, and I struck her, and we both fell. She got up first to check me not to hit her any more. At that time I could not see out of my own eyes for tears, and she cried out, ‘Oh, Jim Burton, I am only trying you don’t hit me any more,’ and I said it was too late now, for I have not a home for myself. I was blind at the time with passion, and I picked up a stone and hit her with it, and she fell down in the same place where her body was picked up. Then she said, ‘Jim, don’t, for that is my last; do come with me, Jim.’ (Glasgow Herald, Aug. 8, 1883)

Hardly a criminal mastermind, Burton proceeded to wander the town of Tunstall for several furtive days trying to screw up the nerve to commit suicide.

Instead, William Marwood ended up with the task.

The 174th and last client of the great executioner surely didn’t present any difficulties in the Mass * Acceleration department, but even for Marwood there’s more to a hanging than striking force. By some last-moment faint, stumble, or twist Burton fell through the trap wrong, dinging the side of it and getting the long slack of the noose caught under his arm.

Marwood, who was an aging man of declining strength at this point, had to haul poor Jim Burton up through the trap. “When drawn up Burton presented a shocking appearance,” one reporter on-site put it.

As Burton moaned “Oh Lord, help me!” Marwood readied for an inelegant do-over: not bothering to reset the trap, he hurriedly unwound the rope and positioned it as it ought while Burton stood heaving on the platform. When all was in readiness, Marwood simply shoved the uxoricide back into the hole.

This time, Burton died. But Marwood himself had not long to outlive him: he passed away four weeks later, on September 4, at the age of 65.

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