Posts filed under '19th Century'

1836: Six Creek rebels, amid removal

Add comment November 25th, 2015 Headsman

We ask you how the Muscogee Nation came by this country? You came from the west and took the country from another people who were in possession. After living here a great many years, the people from over the big waters came in large vessels and took some of the country from you and set up their own government, and made laws, & made you obey them …

you must be sensible that it will be impossible for you to remain, for any length of time, in your present situation, as a distinct society or nation, within the limits of Georgia, or any other State. Such a community is incompatible with our system, and must yield to it. This truth is too striking and obvious not to be seen by all of you, surrounded as you are by the people of the several States. You must either cease to be a distinct community, and become, at no distant period, a part of the State within whose limits you are, or remove beyond the limits of any State …

Brothers, we now tell you, what we, in the name of your Father the President, want you to do. We want the country you now occupy. It is within the limits of Georgia and Alabama. These States insist upon having their lines cleared. The President will do this by giving you a better country, and will aid you in removing; protect you where you may go, against whites and all others, and give you a solemn guaranty in the title and occupancy of the new country which you may select … By deciding for yourselves, it may prevent others from deciding for you.

-U.S. federal communication to the Muscogee Creek chiefs, Dec. 9, 1824

Brothers, you have been deceived. A snake has been coiled in the shade, and you are running into his mouth … drunk with the fire of the pale-face. Brothers, the hunting grounds of our fathers have been stolen by our chief and sold to the pale-face, whose gold is in his pouch. Brothers, our grounds are gone, and the plow of the pale-face will soon upturn the bones of our fathers. Brothers, are you tame? Will you submit?

-Opothle Yoholo

On this date in 1836, six Muscogee Creek rebels were hanged in Alabama as murderers.

This age of the bellicose Andrew Jackson comprised the peak years of America’s Indian Removal — a frightful term denoting the forcible expulsion of indigenous nations from America’s east to her frontier wastelands. This was the fate ordained for the Creek people of Alabama, just as it was with their “civilized tribes” brethren, the Choctaw of Mississippi and the Cherokee of Georgia and the Carolinas.

Jackson himself had tangled with the Creek during his career-making appearance as America’s up-and-coming caudillo in the War of 1812: the eponymous Fort Jackson in Alabama was the base from which the Tennessee militia captain had defeated rebellious natives in the 1813-1814 Creek War and forced upon them the Treaty of Fort Jackson.* “Numberless aggressions,” read that document, “had been committed [by the Creeks] against the peace, the property, and the lives of citizens of the United States.”

So small wonder that as President, Old Hickory — for whom Indian Removal was a signature policy — had no time for Creek appeals to Washington to uphold their treaty rights in Alabama and Georgia. Their defeat in 1814 had left the Creek polity a powerless dependency, whose rights and even survival extended precisely so far as the American government wished. With the shrunken remnant** of their ancestral lands increasingly sought by white settlers, all the pressure within Anglo America ran towards the ethnic cleansing option.

“Voluntary” emigration under steady white pressure gnawed away at Creek numbers in the Southeast for a decade or more preceding the events of this post, but there was always going to be a militant slice of the population for whom no inducement short of violence would suffice. In 1836, land incursions finally triggered a Creek revolt, and became the Second Creek War — Jackson’s justification at last for completing the long-sought elimination of the Creek in the East.†

“The Creek Indians, below the Federal Road, are all in arms and killing every white person they have fallen in with,” ran the May 12, 1836 Macon Messenger. Everything was in “confusion and disarray” — the fleeting advantage of initiative while Anglos mustered an overwhelming response.

Attacks on stagecoaches this same month “created a greater sensation throughout the country than any previous act of Indian hostility,” per this public domain history of Columbus, Ga. (The town abuts the Alabama border.)

Two stages carrying the United States mail, going from Columbus to Tuskegee, Ala., were attacked about eighteen miles from Columbus. The Indians killed Mr. Green, one of the drivers, and two horses, and robbed the mail. The next day a party of fifteen men started to come through to Columbus with two stages. Some of these men were passengers and others volunteers who accompanied the stages to assist in their protection.

It was for this raid that claimed Green’s life that Tuscoona Fixico and four others — never named in any source I have been able to find — were condemned to hang on Nov. 25, alongside a man named Chilancha for the unrelated killing of a man named Fannin during the uprising.

The Second Creek War went much the same way as the first, and proved those American diplomats prescient as to the inevitability of the conquered peoples’ fate. Today, the Poarch Creek — numbering barely 2,000 — are the only remaining band of Muscogee Creek in Alabama.

* It was from this engagement that Jackson proceeded to the famous Battle of New Orleans.

** In one vain bid to stanch the loss of Creek territory, the tribe — incensed by the Treaty of Indian Springs — had in 1821 enacted capital punishment for anyone who sold land to whites. It was on the strength of this statute that Creek assassins murdered/executed the collaborationist chief William McIntosh in 1825.

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1825: Angelo Targhini and Leonidas Montanari, carbonari

Add comment November 23rd, 2015 Headsman

On this date in 1825, alleged carbonari plotters Angelo Targhini and Leonidas Montanari were guillotined by Papal executioner Mastro Titta.

This excommunicate revolutionary secret society was spending the 1820s — a decade in-between revolutions — harrying the restored crowned heads of Italy and France with assassination plots.

It was accordingly much-harried in its own turn, to the repeated profit of this grim chronicle.

The pair we feature today were casualties of all that cloak-and-dagger, specifically the latter.

The story (Italian link) goes that the Carbonari became convinced (correctly) that one of their number, a Filippo Spada, was informing against them; thereupon, our Angelo Targhini — very much the impressionable young zealot — was tasked with stabbing the turncoat to death in an alley. The victim, known familiarly as “Spontini”, survived the attack. Montanari, a physician, was one of the first on the scene but arriving policemen perceived that the “treatment” he was applying to the victim was actually deepening his wounds, and seized him as a conspirator.

Montanari admitted nothing of the kind and was accused solely on the impressions of police plus the information of another informant. But he was in no position to impeach this information because it was a secret court of the automcratic Pope Leo XII that condemned both men for treason — solicitous of neither defense nor appeals.

In his diaries, as detailed here as ever, the headsman Mastro Titta reports receiving death threats. Security on the Piazza del Popolo, “thick with people, as I never saw her,” in Titto’s words, was extremely tight — but no public disturbance or carbonari raid disturbed proceedings. That was left only to the prisoners, who declined to receive the sacrament of confession or acknowledge themselves assassins.

“All attempts to persuade them to repent came to nothing,” Titta laments. “They invariably replied only: ‘We have no account to render to anyone. Our God plumbs the fathoms of our conscience.'”

The young men are the subjects of the 1969 Luigi Magni film Nell’anno del Signore.

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1834: James Graves, Trail of Tears precursor

Add comment November 21st, 2015 Headsman

On this date in 1834, the Cherokee James Graves was hanged in Spring Place, Georgia, for murder. He’s the only person ever executed in Georgia’s Murray County.

But he was also a sad waymarker on the way to a much larger tragedy.

It happened that in 1834 the state of Georgia’s long-simmering conflict with the indigenous Cherokee nation was coming to a nasty head. In the infancy of the American Republic, it had made a pact placing the Cherokee under the protection of the United States.

By the 1820s, however, Cherokee land had been nibbled away and the white citizens of Georgia started clamoring for a proper ethnic cleansing: forcibly expelling the Cherokee to the western frontier.

The immediate territorial conflict became joined to a conflict over federal jurisdiction, because the Cherokee had their treaty with the United States (not with Georgia) and its terms were supposed to be guaranteed by Washington (not Milledgeville). As the Georgia legislature enacted laws stripping the Cherokee of land and self-rule, the Cherokee appealed in federal courts.

The Cherokee notched a major win in the 1832 Worcester v. Georgia, when the U.S. Supreme Court held that Indian affairs were the domain of the federal government and individual states had nothing to say in the matter.

But to give a sense of where the wind was blowing, this is the very decision about which U.S. President (and notorious Indian-killer) Andrew Jackson is supposed to have remarked, “John Marshall has made his decision; now let him enforce it.” The quote itself is probably apocryphal but the atmosphere of lawless confrontation was very real indeed.

James Graves was convicted by a Georgia jury in September 1834 of murdering a white man several years prior on Indian land … or rather, on what Georgia said was now no longer Indian land.

The Supreme Court directed Georgia to stay the hanging and appear at a January 1835 hearing.

Governor William Lumpkin* would have none of it. Grandstanding in a communique to an all but universally supportive legislature, he vowed to ignore the court’s order.

Any attempt to infringe the evident rights of the State, to govern its entire population, of whatever complexion, and punish all offences committed against its laws within those limits … I consider a direct usurpation of power. … Such attempts demand the determined resistance of the States … I shall wholly disregard all such unconstitutional requisitions, of whatever character or origin, and, to the utmost of my power, protect and defend the rights of the State, and use the means afforded me to maintain the laws and Constitution of the same. (Nov. 7, 1834)

Two weeks later, Georgia hung James Graves, stay or no stay. There would be no hearing in Washington that January.

“What is to be done with Georgia?” lamented the Nantucket Inquirer (Dec. 13, 1834). “Will another presidential proclamation, full of big words and bombastic threats, be issued against her, for having nullified the U.S. claim of sovereignty over the Indians, and for having hanged the copper-skinned citizen Graves, in defiance of the interdict of one of Gen. Jackson’s judges?”

They already knew the answer: “O, no! — Why? Van Buren counts upon the vote of Georgia at the next presidential election!” (Van Buren did not in fact carry Georgia.)

In 1835, the U.S. foisted a dubious new treaty on the Cherokee by getting a minority faction to sign off on Indian removal, and shortly thereafter forced the Cherokee west on the Trail of Tears.

* Lumpkin County, Georgia is named for him. That’s not too shabby, but he almost hit big-time when the city of Terminus proposed to rename itself Lumpkin. Lumpkin declined and the city is today known as Atlanta.

** Georgia conducted another execution, that of George Tassels, under similarly contested circumstances a few years before Graves.

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1829: The slaves of the Greenup revolt

Add comment November 20th, 2015 Headsman

On this date in 1829, the Kentucky town of Greenup strung up martyrs to the slave economy.

Our incident begins with a slaver by the name of Gordon who, with the aid of two assistants, was driving 60 blacks “including all sexes and ages” from the flesh markets of Maryland where he bought them west to the Mississippi — likely there to be “sold down the river” into barges bound for still harsher bondage deeper South. Melancholy slave coffles* like this one crisscrossed Kentucky’s highways routinely, columns of chattel lashed two by two to a long chain with a wagon train of provisions alongside. (Source) The awful migrations peaked in the summer months — timed to cotton plantations’ coming labor demands for the autumn harvest.

Despite the frequency and visibility of these transits, Kentucky remained an uneasy northern frontier of the Slave Power; in the coming Civil War it would become a literal battleground claimed by both North and South. Greenup was a river town, and just across the river lay Ohio, an abolitionist state. Kentucky’s proximity to free soil had invited bloody slave revolts in the past; here, the North-South nexus also helped to propagate the story of the Greenup incident.

An editor in nearby Portsmouth, Ohio, which was not merely free territory but a hub of the Underground Railroad, ran a story that soon volleyed around the Republic as newspaper after neighboring newspaper reprinted the remarkable bulletin copied ultimately from Portsmouth’s Western Tiller. This version of it (with line breaks added for readability) comes from the New-Hampshire Sentinel of Sept. 18, 1829. It’s verbatim from what the Western Tiller had reported almost a month before.

Affray and Murder!

A most shocking outrage was committed in Kentucky, about eight miles from this place, on the 14th inst. [14th of August, 1829] A negro driver, by the name of Gordon, who had purchased in Maryland about 60 negroes, including all sexes and ages, was taking them, assisted by an associated named Allen, and the wagoner who conveyed the baggage, to the Mississippi.

The men were handcuffed and chained together in the usual manner for driving those poor wretches, while the women and children were suffered to proceed without incumbrance.

It appears that, by means of a file, the negroes, unobserved, had succeeded in separating the irons which bound their hands, in such a way as to be able to throw them off at any moment. About eight o’clock in the morning, while proceeding on the state road leading from Greenup to Vanceburg, two of them dropped their shackles and commenced a fight, when the wagoner, Petit, rushed in with his whip to compel them to desist. At this moment every negro was found perfectly at liberty; and one of them seizing a club, gave Petit a violent blow on the head, and laid him dead at his feet; and Allen, who had come to his assistance, met a similar fate, from the contents of a pistol fired by another of the gang.

Gordon was then attacked, seized and held by one of the negroes, whilst another fired twice at him with a pistol, the ball of which each time grazed his head, but not proving effectual, he was beaten with clubs and left for dead.

They then commenced pillaging the wagon, and with an axe split open the trunk of Gordon, rifled it of the money, about $2,400, sixteen of the negroes then took to the woods.

Gordon in the mean time, not being materially injured, was enabled by the assistance of one of the [slave] women, to mount his horse and flee; pursued however, by one of the gang, on another horse, with a drawn pistol. Fortunately he escaped with his life, barely arriving at a plantation as the negro came in sight; who then turned about and retreated.

The neighborhood was immediately rallied, and a hot pursuit given — which we understand has resulted in the capture of the whole gang, and the recovery of the greater part of the money.

Seven of the negro men and women, it is said, were engaged in the murders, and will be brought to trial at the next court in Greenupsburg.

There are various reports afoot of the precise number of hangings effected on this date. The Espy file offers five names, but the newspapers of the time give it as four — as in this version from the Essex Gazette of Haverhill, Mass. (Jan. 2, 1830), which is likewise an nth-generation copy of the Western Times‘s initial reportage. The doomed men, that paper remarked, “all maintained to the last, the utmost firmness and resignation to their fate”; in spite of the predictably harsh punishment, it is interesting that they were allowed that traditional privilege of the condemned to expostulate under their hanging-nooses, even here to the point of vindicating the justice of their rebellion which would really have been tantamount to inciting other slaves to follow their example too.**

They severally addressed the assembled multitude, in which they attempted to justify the deed they had committed, on the principle acknowledged by all wise men,

That it is lawful in the sight of God and a principle implanted in the breast of every man by nature, to fight for freedom, and slay the tyrant who dares to deprive them of it.

This only they had done, and having failed to accomplish the sole object for which they slew their merciless oppressors, traffickers in human flesh, it remained for them to pay the forfeit of that failure with their lives.

One of them while standing upon the cart, just ready to be launched into eternity, exclaimed, several times — “Death! — Death, any time, in preference to slavery!”

During the whole time they stood under the gallows, not a joint was seen to tremble, nor a sigh heard to escape from them.

David Walker, a free-born North Carolina black man who moved to Boston and became a prominent abolitionist, dwells at some length on the story in his magnum opus, Walker’s Appeal. Directed at his African-American fellows, the Appeal here does not pause to justify the self-evident righteousness of slaves revolting against their captors — instead, it addresses the putatively “humane” action of the enslaved woman, who in Walker’s estimation in effect props up slavery as a whole when she rescues the near-murdered slaver Gordon. Indeed, while the sketchy information that survives about this failed revolt does not offer us the particulars of what unfolded in the hours immediately following the slaves’ breakout, the proximity of potential refuge across the sectional border invites one to wonder whether that ounce of compassion was not the difference preventing the slaves from reaching the Ohio River. Walker, at any rate, has no patience for sentiment in this instance.

Here a notorious wretch, with two other confederates had SIXTY of them in a gang, driving them like brutes … [until] by the help of God [the slaves] got their chains and hand-cuffs thrown off, and caught two of the wretches and put them to death, and beat the other until they thought he was dead, and left him for dead; however, he deceived them, and rising from the ground, this servile woman helped him upon his horse, and he made his escape.

Brethren, what do you think of this? Was it the natural fine feelings of this woman, to save such a wretch alive? I know that the blacks, take them half enlightened and ignorant, are more humane and merciful than the most enlightened and refined European that can be found in all the earth … there is a solemn awe in the hearts of the blacks, as it respects murdering men: whereas the whites, (though they are great cowards) where they have the advantage, or think that there are any prospects of getting it, they murder all before them, in order to subject men to wretchedness and degradation under them. This is the natural result of pride and avarice.

But I declare, the actions of this black woman are really insupportable. For my own part, I cannot think it was any thing but servile deceit, combined with the most gross ignorance: for we must remember that humanity, kindness and the fear of the Lord, does not consist in protecting devils. Here is a set of wretches, who had SIXTY of them in a gang, driving them around the country like brutes, to dig up gold and silver for them, (which they will get enough of yet.) Should the lives of such creatures be spared? Are God and Mammon in league? … Any person who will save such wretches from destruction, is fighting against the Lord, and will receive his just recompense. The black men acted like blockheads. Why did they not make sure of the wretch? He would have made sure of them, if he could.

Walker died suddenly of tuberculosis a few months after his Appeal hit print. As he forecast elsewhere in that same document, his widow received scant indulgence on her mortgage debt once the husband was out of the picture and the white real estate mogul George Parkman soon compounded the woman’s grief by throwing her out of the house. It was one of the countless little coldnesses Parkman inflicted en route to stacking up his own fortune … and to his years-later star turn as the victim of one of Harvard University’s most sensational murder trials.

* The witness who described this earlier 1822 scene of a 40-strong slave coffle marching perversely under the stars and stripes quotes an apt stanza from popular 18th century poet William Cowper, an ardent hater of slavery:

Ah! me, what wish can prosper, or what prayer,
For merchants rich in cargoes of despair?
Who drive a loathsome traffic, gauge and span,
And buy the muscles and the bones of man!

** Perhaps matters would have been handled differently a couple of years later, after Nat Turner‘s rebellion scared the pantaloons off slaveowners.

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1813: Ezra Hutchinson, teen rapist

Add comment November 18th, 2015 Headsman

On this date in 1813, 19-year-old Ezra Hutchinson was hanged in the western Massachusetts village of Lenox for raping a 14-year-old named Lucy Bates.

Hutchinson passed the girl by (mis)chance on the road on his way home, and arriving there reflected what an inviting target she made — so he turned and followed her path into the wilderness until he overtook her.

Reproduced here is the pamphlet issued over his signature on the day of his execution with the informative title, “The solemn address and dying advice of Ezra Hutchinson: who was executed at Lenox, Mass. November 18, 1813, for a rape on the body of Miss Lucy Bates.” In it, we find a mostly penitent Hutchinson, who owns and laments his adolescent lewdness, still bold enough to “forgive” his victim her testimony against him. A footnote by the pamphlet’s editor explains:

for several weeks previous to his execution, he was uniform in declaring, that he supposed the girl had really consented to what was done. The girl in her testimony had said that having resisted to the utmost of her power, until her strength failed, she finally, through weariness and fright, sank almost lifeless to the ground. Here is an apparent contradiction; but it is easily reconciled in the eye of charity, by supposing, that when she fainted, and ceased any longer to resist, he honestly thought that she yielded her consent, though in truth she did not.

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1863: James Murphy, after a reunion

Add comment November 6th, 2015 Headsman

On November 6, 1863, Old Geelong Gaol (op. cit.) hosted the hanging of James Murphy.

This horse thief, having been put to some light piece of penal servitude cleaning up the Warrnambool courthouse, noticed his minder kneeling over the fireplace and bashed that constable’s head with a three-point mason’s hammer.

Murphy made good his escape … for two days. He paid for those meager hours of harrowed liberty with his neck: a remarkable occasion, for it was noted that

[t]he executioner was a man sent down from Melbourne for the purpose, and a rather affecting scene took place when he was first introduced to his victim. It ap- peared the condemned man and he had been intimate friends in Tasmania, and as soon as he recognised him the tears began to roll down at the idea of his having to carry out the grim sentence of the law upon his old mate. He soon recovered his composure, however, and got through the remainder of his thankless office creditably.

The death mask taken from Murphy is still exhibited, and a display at the Old Gaol purports to re-create Murphy’s hanging. (His was the first of only two executions to take place within the gaol’s walls.)

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1854: William Lipsey and James Logan, in gold rush Coloma

Add comment November 3rd, 2015 Headsman

The gold rush boom town of Coloma, California hosted its first (legal) hanging on this date in 1854.

Coloma was the very site of Sutter’s Mill, where the accidental discovery of gold flakes launched California’s gold rush.

The ensuing swell of human avarice arriving from every corner of the globe all but overwhelmed the frontier territory’s capacity; nearby San Francisco, “transformed … into a bawdy, bustling bedlam of mud-holes and shanties,” was so disordered that its laws were enforced extrajudicially by a self-appointed Vigilance Committee.

Coloma itself, the literal first mining town of the gold rush, boomed as the county seat of the new-christened El Dorado County. According to Alton Pryor, Coloma had 300 buildings and a hotel under construction by the summer of 1848, six months after the gold strike. (Today, Coloma is a near ghost town.) And like everywhere else, it had a job to manage the mad new world of desperate fortune-hunters ready to murder one another for the dust in their pockets. Coloma has the distinction of giving birth to California’s first sheriff’s department, in 1852.

It’s almost surprising in such an environment that the original gold rush hotbed didn’t have an execution until 1854 — but Coloma made up for lost time* on November 3, 1854, by hanging two men, twice over.

The milestone perpetrators were classic frontier rascals, straight from a spaghetti Western rogues’ gallery. William Lipsey, a 25-year-old gambler, had murdered a fellow cardsharp in a drunken brawl over a game. James Logan, a 47-year-old miner “silvered o’er with age”, was condemned for killing a fellow miner in a claim dispute — though all the way to the gallows, Logan insisted to the last, before the 6,000 or so souls assembled to watch him die, that he had killed only in self-defense, remarking that

[h]e stood before them a condemned man, the victim of false testimony. It was true that he had taken the life of a fellow creature, but he had committed the deed in self-defence. He went to the claim where the tragedy took place, not as has been said to kill Fennel, but because the claim was his own, and he went to get possession of it. His own rash threats had brought him to the scaffold. In answer to propositions to settle the difficulty by law or arbitration, he had rashly replied that there was a shorter and better way — but he did not mean it. He went to the claim to get possession of it, but did not snap or present his pistol — he merely showed it. It was merely a single-barreled pistol. Fennel went and got a revolver, and came back and presented it at him, cocked. Fennel was advancing upon him with a cocked revolver when he presented his singlebarreled pistol. Any other testimony than this was false. He only snapped his pistol a moment before Fennel did his. The man who swore that he snapped his first swore a lie. They both snapped together. He had warned Fennel not to advance. He got behind Swift, and if he (Swift) had stood his ground, nobody would have been killed, But Swift flinched, and stepped aside. He then had to be killed himself, kill Fennel, or run away. He fired, and Fennel fell. He repeated that it was false that he snapped his pistol first; it was that snap that had brought him to the gallows, and the testimony about it was false.

In view of the halter (to which he pointed his finger) and in presence of that God before whom he was so shortly to appear, he was now speaking the truth. He would never have been hung if he had not had a principle of courage in his composition that prevented him from running away.

Lipsey, who was unquestionably guilty, did not have the older man’s composure and had to be half-dragged to the scaffold where he was so unmanned that he could not muster any last remark — though he was heard to murmur before dropped, “I don’t think I’m a murderer at heart.”

As the Coloma sheriff had no experience with executions, both men fell through their nooses and landed on the ground still alive. Still cool under pressure, Logan raised his hood to look around, got up, and walked back up to the gallows platform unassisted — but as the lawmen adjusted the hemp for the do-over, he recollected the letter of the death warrant and asked to see a watch.

“Ah, you have twenty minutes yet,” he exclaimed with a laugh. “If it was two o’clock I would demand my liberty under the law.”

* Coloma had another double hanging in 1855: outlaw Mickey Free hanged alongside Kentucky-born schoolmaster Jerry Crane, who murdered a student with whom he had become infatuated.

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1833: Ira West Gardner, creepy stepfather

Add comment November 1st, 2015 Headsman

On this date in 1833, Ira West Gardner [Gardiner] hanged in Warren, Ohio — the only person ever executed in Trumbull County.

Gardner reads like the kind of rotter to inspire a Lifetime TV obsessed-stalker thriller: in the tiny township of Gustavus, he married a widow named Anna Buel[l] with a teenage daughter. Even the trial records are delicate on what transpired between young Maria and her stepfather — “for some reason, not very satisfactorily shown in the proof, she, for a short time before her death, evinced a strong desire to leave your roof, under circumstances which induced her friends to believe she was in fear of you.” The girl “was seen running from home disordered” and took refuge with a nearby farmer named Mills, where she turned up “barefooted, and without a handkerchief to put on her neck.” This was just two or three days before her murder on August 8, 1832; if the reader is getting a distinct whiff of sexual assault, well, one neighbor “told Gardner, that Maria had said, he had had criminal intercourse with her in a manner that would send him to the penitentiary.” Gardner denied it, but his obsessive behavior tells a different tale.

For Mills, Gardner showed the reasonable neighbor, and tried to persuade his absconded stepdaughter to return — but also agreed she was of age to go her own way if she preferred.

But to others, he made less compromising and much more sinister intimations, like “Maria has got to go home and live contented or I will be the death of her — I will have my revenge.” That’s actually less a sinister intimation than a highly specific threat.

Dad was able to put off his menacing aspect as a temporary fury that had come and gone, and he eventually negotiated with Maria via another neighbor, Bidwell, to allow her to return for her clothes. As soon as she got there, with Bidwell right there in the house too, Gardner suddenly produced a butcher’s knife and stabbed the unhappy object of his obsession in her chest and stomach. Though he was instantly subdued by Bidwell, the deed was done: Maria expired in ten painful minutes while Gardner ranted demonically to the arriving neighbors.

“I told you you had outwitted me last night, but that I would match you yet,” he said to one who had tried to reason with him. “I have done it, and got my revenge.” The killer was fixated on the idea of townsfolk who had lately tried to smooth out the situation as adversaries to “outwit”; to another he taunted, “I have now outgeneraled you as I told you I would — I did the deed, and did it effectually.”

(It was later found that this Scipio had also readied a pitchfork and an axe should he have the opportunity to chase after her.)

Per the history of Trumbull County written by Republican activist and suffragist Harriet Taylor Upton, Gardner

was escorted to the place of hanging by a great procession and band … people who had children away at school brought them home to witness the execution. We now wonder how these parents reasoned, but one of the young men who was thus brought many miles remembers that his father said he might never have another chance to see another hanging, and he was right. The children of the sixties were not like those of thirties, for the former always shivered as they passed the corner of South and Chestnut streets on the way to the cemetery, and dare not look towards the tree from which Gardner is supposed to have swung. Whether the tree was still standing at that time is not certain. Possibly children are like men and horses, less afraid where many people are congregated.

Sheriff Mygatt said that he did not believe he was going to be able to discharge his duty in the case of Gardner, but that he did work himself up to the point. He took the prisoner in his own carriage, led by Warren’s first band, which played a dire. The military organization formed a hollow square around the scaffold. Elder Mack, a Methodist minister, walked with Mr. Mygatt and the prisoner to the scaffold. A hymn was sung, in which the prisoner joined, and he was then swung to a great overhanging limb where he breathed his last.

“The young, beautiful & innocent Frances Maria Buel who was butchered by her stepfather” still has a marker in the East Gustavus Cemetery. Gardner rests in an unmarked grave.

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1863: William Griffith, for the Marais des Cygnes massacre

1 comment October 30th, 2015 Headsman

One of the signal outrages of Bleeding Kansas was avenged with a hanging on this date in 1863.

“Bleeding Kansas” was the guerrilla war over slavery in the late 1850s that presaged the conflagration about to consume the Republic; here on the frontier, pro- and anti-slavery partisans traded atrocities in their respective campaigns to secure Kansas’s imminent entry to the Union as either a slave or a free state. The stakes, had America continued her antebellum course, were vital Congressional votes on which the continuance of the peculiar institution might one day hang.

The naked brutality of the conflict shocked its contemporaries; as one particularly notorious example, the sons of abolitionist crusader John Brown executed pro-slavery captives with broadswords.

The Marais des Cygnes massacre was one of the last major horrors of that conflict: a party of 30 or so pro-slavery men led by Charles Hamilton seized 11 Free-Staters. They were mostly people who knew Hamilton personally, and seem to have gone along without resistance not anticipating what he had in store for them.

But Hamilton had told his men that on this campaign, “we are coming up there to kill snakes, and will treat all we find there as snakes.” (Source)

Much to their chagrin, these “snakes” were driven into a narrow ravine and lined up before Hamilton’s men’s guns. The volleys they delivered before fleeing back over the porous border into equally restive Missouri “only” killed five of their hostages: the other six survived by playing dead.


Five years later, one of those survivors, William Hairgrove, supplied the identification that damned William Griffith — whose claim that he only helped capture the Marais des Cygnes victims, and didn’t help shoot them was an especially lame offering at the height of the Civil War.

According to Legal Executions in Nebraska, Kansas and Oklahoma Including the Indian Territory: A Comprehensive History, Griffith paid the forfeit for his role in the massacre “in a wood west of [Mound City, Mo.] on the opposite bank of Little Sugar Creek” before a crowd of thousands. There,

[a] little after noon Griffith was conveyed to the wood where he stepped onto the wooden platform a few inches above the ground. His wrists, knees and ankles were bound and the noose was adjusted. The black cap was pulled over his face at 1:07 p.m., and in but a moment William Hairgrove, one of the survivors of the massacre, cut the restraining rope with a hatchet; the four hundred pound weight dropped, jerking Griffith upward. The body rebounded and hung motionless while the attending physicians monitored his vital signs, and in twenty-five minutes they pronounced him dead.

Today, the site of the massacre is a U.S. National Historic Landmark. Quaker abolitionist poet John Greenleaf Whittier also memorialized the blood that was shed there in a poem titled “Le Marais du Cygne”:

A blush as of roses
Where rose never grew!
Great drops on the bunch-grass,
But not of the dew!
A taint in the sweet air
For wild bees to shun!
A stain that shall never
Bleach out in the sun!

Back, steed of the prairies!
Sweet song-bird, fly back!
Wheel hither, bald vulture!
Gray wolf, call thy pack!
The foul human vultures
Have feasted and fled;
The wolves of the Border
Have crept from the dead.

From the hearths of their cabins,
The fields of their corn,
Unwarned and unweaponed,
The victims were torn,—
By the whirlwind of murder
Swooped up and swept on
To the low, reedy fen-lands,
The Marsh of the Swan.

With a vain plea for mercy
No stout knee was crooked;
In the mouths of the rifles
Right manly they looked.
How paled the May sunshine,
O Marais du Cygne!
On death for the strong life,
On red grass for green!

In the homes of their rearing,
Yet warm with their lives,
Ye wait the dead only,
Poor children and wives!
Put out the red forge-fire,
The smith shall not come;
Unyoke the brown oxen,
The ploughman lies dumb.

Wind slow from the Swan’s Marsh,
O dreary death-train,
With pressed lips as bloodless
As lips of the slain!
Kiss down the young eyelids,
Smooth down the gray hairs;
Let tears quench the curses
That burn through your prayers.

Strong man of the prairies,
Mourn bitter and wild!
Wail, desolate woman!
Weep, fatherless child!
But the grain of God springs up
From ashes beneath,
And the crown of his harvest
Is life out of death.

Not in vain on the dial
The shade moves along,
To point the great contrasts
Of right and of wrong:
Free homes and free altars,
Free prairie and flood,—
The reeds of the Swan’s Marsh,
Whose bloom is of blood!

On the lintels of Kansas
That blood shall not dry;
Henceforth the Bad Angel
Shall harmless go by;
Henceforth to the sunset,
Unchecked on her way,
Shall Liberty follow
The march of the day.

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1859: Thomas Ferguson, but not on a Sunday

Add comment October 28th, 2015 Headsman

The first judicial execution of a white man* in the history of the Utah Territory took place on this date in 1859.

One Thomas Ferguson earned the distinction by getting roaring drunk and shooting dead the shopkeeper who employed and boarded him. Allegedly, Alexander Carpenter’s provocation had been to accuse Ferguson of being party to the unknown burglars who had lately raided his Salt Lake City shop, which obviously got way under Ferguson’s skin.

This was frontier America, being newly-settled by Brigham Young‘s upstart Latter-Day Saints sect, though not only by them. The capital’s population was perhaps 14,000 — the kind of place where dubious refugees could wash up from parts unknown, trusting their fortunes to their native wit and Colt’s Manufacturing Company.

“Crime has run riot in this city since the assassination of McNeill and Sergeant Pike” a hostile, non-Mormon correspondent wrote to the San Francisco Bulletin (letter dated Oct. 5, 1859, and published Oct. 27).

Till lately, no one has been arrested. Ferguson, a “Gentile,” murdered Carpenter, a Mormon, and for such an outrage “this people” will permit the sentence of death to be carried into effect; but the murderers of McNeill, of Pike, of Drown, of Arnold — the first two “Gentiles,” the last “apostates” — run at large to hold the community in terror and carry out other sentences.* An apostate committed suicide a few nights since by shooting himself twice in the back of the head!

Carpenter murdered his partner named Turner near Fort Laramie, Nebraska, brought their goods to this city, where, he said, (and convinced his associates,) he was tried and acquitted. Tried and acquitted in Utah for murder in Nebraska!

Both men were New Yorkers — and per a less strident observer writing to the New York Herald (datelined Oct. 7; published Nov. 7) neither of the two was Mormon. They had been allured to the West by the usual siren songs: wealth, fortune, fame. As young men do, these may have pictured themselves forever getting the drop on their enemies and never the other way around … and always with a dashing jailbreak at the ready if it came to that.

Unfortunately for Ferguson, he wasn’t the only Old West stock character in this tableau; a hanging-judge of dubious character named Charles Sinclair officiated the trial, so deep into his cups that he initially set Ferguson’s execution date for a Sunday. (It was changed to a Friday.) Ferguson himself gave the judge a right scorching from his scaffold rostrum on his way off this mortal coil:

I was tried by the statutes of Utah Territory, which give a man the privilege of being shot, beheaded or hanged. But was it given to me? No, it was not. All Judge Sinclair wanted was to sentence some one to be hanged, then he was willing to leave the Territory; and he had too much whiskey in his head to know the day he sentenced me to be executed on, and would not have known, if it had not been for the people of Utah laughing at him … A nice Judge to send to any country! (Source)

* The Espy file credits earlier executions of Native Americans, two Goshutes named Longhair and Antelope who hanged for slaying two whites during settler bush wars. (I would not venture to assert the judicial propriety, even by antebellum standards, of these proceedings.) And of course, Ferguson’s distinction excludes extrajudicial killings like the Mountain Meadows Massacre.

** The unpunished killings the correspondent names in this piece took place in the immediate aftermath of the 1857-1858 war between Mormon settlers in Utah and the federal government asserting its jurisdiction — a period when Brigham Young’s martial law had just been rescinded. Utah Gentiles inclined to read these incidents as emblematic of a lawless atmosphere in which reluctance to prosecute gave Mormons virtual impunity in their conduct towards the rest of the population.

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