On May 30, 1806, Polly Barclay of Wilkes County, Georgia was “taken by a proper officer to a gallows previously to be erected in or near the town of Washington, and then and there on the day aforesaid, between the hours of ten o’clock in the forenoon and two o’clock in the afternoon … hung by the neck until you are dead.”
And may God have mercy on her soul.
Te purported triggerman, Polly’s brother, had been acquitted of mudering Polly’s husband; then, said assassin turned right around and testified against his sister — who was duly condemned for hiring him. (They do say that Justice is blind.)
On this date in 1899, Adrian Braun was electrcuted at Sing Sing.
Braun was a hulking German cigar-maker with a reputation for habitually thrashing his wife. Authorities got involved when he bashed a neighbor who intervened in a beating so hard that it fractured the man’s skull.
In August 1897, Braun caught a two-year sentence for assault. With her batterer put away, Kate Braun now had to shift for herself; struggling to make ends meet as a washer-woman, she had to give up two of her five children to the St. Joseph’s Roman Catholic Orphan Asylum. Still, she scraped together enough money to buy her incarcerated husband some sweets on a prison visit.
Mr. Braun was at work peeling potatoes in the prison kitchen when he was summoned for the arrival of his spouse in March 1898. After using up their visiting time on a conversation that appeared entirely mutually affectionate, the two were about to part when Adrian Braun suddenly whipped out the potato-knife he had recently been employing and daggered the poor woman’s throat — with lethal effect.
Braun never explained his shocking crime and pursued only a half-hearted insanity defense at his ensuing trial.
“No man was ever executed at the prison who had less sympathy than was felt for Braun,” the Wilkes-Barre Times reported on the day of the man’s execution.
Surprising the undefended sovereign on the latter’s morning constitutional near Winter Palace, Soloviev couldn’t connect with his revolver from four meters’ distance. As Alexander fled, Soloviev gave chase, firing four more times in the process to no effect before the gathering crowd wrestled him to the cobblestones.
Soloviev admitted the crime — the admission was hardly necessary — and hanged before a crowd of 70,000 souls. Despite the ensuing police crackdown on subversives (resulting in still more executions), many of those 70,000 surely numbered among the gawkers two years later for the hanging of the Narodnaya Volya terrorists who at last successfully assassinated Alexander.
* May 28 was the local (Julian calendar) date for the execution; by the Gregorian calendar prevailing outside Russia, it was June 9.
England held its last-ever public execution on this date in 1868, and made it big game indeed: Fenian Michael Barrett, whose Clerkenwell Prison bombing long remained one of the most infamous atrocities of the Irish nationalist cause.
The bill certifying the end of that distinctive institution, the public hanging, would be finalized three days hence, so the occasion’s milestone was anticipated in advance. Elites increasingly disdained the boorish carnivals that unfolded under the gallows, like Dickens who complained that “no sorrow, no salutary terror, no abhorrence, no seriousness; nothing but ribaldry, debauchery, levity, drunkenness, and flaunting vice in fifty other shapes” redeemed the 1840 hanging of Courvoisier.
“The crowd was most unusually orderly,” ran the Times‘ report of Barrett’s death — a sort of dual eulogy — “but it was not a crowd in which one would like to trust.”
It is said that one sees on the road to the Derby such animals as are never seen elsewhere; so on an execution morning one see faces that are never seen save round the gallows or near a great fire. Some laughed, some fought, some preached, some gave tracts, and some sang hymns; but what may be called the general good-humoured disorder of the crowd remained the same, and there was laughter at the preacher or silence when an open robbery was going on. None could look on the scene, with all its exceptional quietness, without a thankful feeling that this was to be the last public execution in England. Towards 7 o’clock the mass of people was immense. A very wide open space was kept round the gallows by the police, but beyond this the concourse was dense, stretching up beyond St. Sepulchre’s Church, and far back almost, into Smithfield — a great surging mass of people which, in spite of the barriers, kept swaying to and from like waving corn. Now and then there was a great laughter as a girl fainted, and was passed out hand over hand above the heads of the mob, and then there came a scuffle and a fight, and then a hymn, and then a sermon, and then a comic song, and so on from hour to hour, the crowd thickening as the day brightened, and the sun shone out with such a glare as to extinguish the very feeble light which showed itself faintly through the glass roof above where the culprit lay. It was a wild, rough crowd, not so numerous nor nearly so violent as that which thronged to see Muller or the pirates die. In one way they showed their feeling by loudly hooting a magnificently-attired woman, who, accompanied by two gentlemen, swept down the avenue kept open by the police, and occupied a window afterwards right in front of the gallows. This temporary exhibition of feeling was, however, soon allayed by coppers being thrown from the window for the roughs to scramble for. It is not right, perhaps, that a murderer’s death should be surrounded by all the pious and tender accessories which accompany the departure of a good man to a better world, but most assuredly the sight of public executions to those who have to witness them is as disgusting as it must be demoralizing even to all the hordes of thieves and prostitutes it draws together. Yesterday the assembly was of its kind an orderly one, yet it was such as we feel grateful to think will under the new law never be drawn together again in England.
Michael Barrett’s ticket to this last assembly was punched by a different execution six months previous — the hanging of the Manchester Martyrs. This trio of Irish patriots were part of a mob who liberated some comrades from a police van, shooting a policeman in the process — though it was far from certain that any of these three actually fired shots.
Of importance for our purposes today was the crackdown on other Fenians occasioned by the Manchester affair. In November of 1867, a Fenian agent named Richard O’Sullivan Burke was arrested with his companion Joseph Casey in London purchasing weapons for the movement. They were clapped in Clerkenwell Prison pending trial.
The bombing that brought Michael Barrett to the gallows was a bid to liberate these men … and it did not pause for subtlety. The conspirators simply wheeled a barrel of gunpowder up to the wall of the facility when they expected the inmates to be at exercise in the adjacent yard. The explosion blasted a 60-foot gap in the wall; the inward-collapsing rubble might easily have been the death rather than the salvation of the prospective beneficiaries, except that they weren’t actually in the yard at all — nobody was there, and nobody escaped Clerkenwell.
But numerous working-class families lived in little tenements opposite the prison and were there, and in fact Clerkenwell had a reputation for political radicalism and Fenian sympathy. This monstrous new “infernal machine” tore through Clerkenwell homes, leaving 12 people dead and numerous buildings near to collapse, while windows and chimneys shivered to pieces all up and down the block.
Improvised struts shore up damaged buildings opposite the wall of Clerkenwell Prison reduced to rubble by the December 13, 1867 Fenian bombing.
Karl Marx, a strong supporter of the Irish cause, despaired this counterproductive turn towards terrorism: “The London masses, who have shown great sympathy towards Ireland, will be made wild and driven into the arms of a reactionary government. One cannot expect the London proletarians to allow themselves to be blown up in honour of Fenian emissaries.”
English reformer Charles Bradlaugh agreed. “The worst enemy of the Irish people could not have devised a scheme better calculated to destroy all sympathy,” he wrote.
Punch magazine depicts the Clerkenwell bomber(s) as the “Fenian Guy Fawkes“.
Considering the magnitude of the crime, someone would have to pay for it. That Barrett was that someone did not sit well for many.
Five men and a woman stood trial at the Old Bailey in April for the Clerkenwell outrage, but Barrett was the only one of them convicted, a terribly inadequate investigation/prosecution outcome given the infamy of the crime.
That conviction stood on the basis of disputed eyewitness identifications: Barrett produced witnesses who said he was in Glasgow when the bomb went off, while the crown found others who would swear he was actually in London. (The length of Barrett’s whiskers on specific dates in late November and early December forms a running subplot of the dueling testimonies.)
The reliability and even the good faith of all such winesses might well be impugned. A highly questionable stool pigeon named Patrick Mullany who ducked prosecution by turning crown’s evidence, charged that Barrett personally set off the ordnance.
To give me credit for such an undertaking is utterly absurd; being, as I am, a total stranger to acts of daring, and without any experience which would in any way fit me for engaging in such an enterprise. Is it not ridiculous to suppose that in the City of London, where … there are ten thousand armed Fenians, they would have sent to Glasgow for a party to do this work, and then select a person of no higher standing and no greater abilities than the humble individual who now stands convicted before you? To suppose such a thing is a stretch of imagination that the disordered minds of the frightened officials of this country could alone be capable of entertaining.
If it is murder to love Ireland more dearly than life, then indeed I am a murderer. If I could in any way remove the miseries or redress the grievances of that land by the sacrifice of my own life I would willingly, nay, gladly, do so. if it should please the God of Justice to turn to some account, for the benefit of my suffering country, the sacrifice of my poor, worthless life, I could, by the grace of God, ascend the scaffold with firmness, strengthened by the consoling reflection that the stain of murder did not rest upon me, and mingling my prayers for the salvation of my immortal soul with those for the regeneration of my native land.
Benjamin Disraeli’s government could not in the end realistically entertain the agitation from liberal and radical circles for sparing Barrett, because that would mean that nobody would hang for Clerkenwell. But as the next day’s edition of Reynold’s News noted, “Millions will continue to doubt that a guilty man has been hanged at all; and the future historian of the Fenian panic may declare that Michael Barrett was sacrificed to the exigencies of the police, and the vindication of the good Tory principle, that there is nothing like blood.”
Three months after Barrett made that expiation, England officially began its era of fully private hangings behind prison walls.
* James Joyce hung out with a (much-older) Joseph Casey in Paris in the early 20th century. Yes, that’s in Ulysses too: “He prowled with Colonel Richard Burk, tanist of his sept, under the walls of Clerkenwell and crouching saw a flame of vengeance hurl them upward in the fog. Shattered glass and toppling masonry. In gay Paree he hides, Egan of Paris, unsought by any save by me.”
He fought in several battles, and a 40-man mounted unit he had personally raised was in the field until the end of 1864 — well after Russia had quelled most other resistance.
Finally cornered in April 1865 and captured in a gunfight, he was executed before a crowd of thousands. Later generations, with an independent Poland to call their own, have garlanded Brzoska’s memory with various markers and statues.
Polish speakers might enjoy this presentation of the hero-priest’s life:
This date in 1865 was the originally scheduled hanging of Indiana pro-slavery gadfly Lambdin P. Milligan — a sentence respited two days prior by President Andrew Johnson, and then subsequently commuted, for which reason Milligan survived to attach his surname to a landmark Supreme Court decision the following year.
During the Civil War, the state of Kentucky was a borderlands claimed by, and viciously fought over, by both North and South. “I hope to have God on my side, but I must have Kentucky,” Abraham Lincoln wrote in 1861.
Kentucky’s northern neighbor, the Union breadbasket Indiana, had little fighting and no hint of Confederate power — but it was a hotbed of so-called “Copperheads”, northern Democrats who opposed Lincoln’s willingness to prosecute the civil war. So fraught was the Hoosier political situation that in 1862, Indiana’s Republican governor refused to call the Democrat-dominated legislature for fear that it might vote a secession bill or attempt to withdraw Indiana from the war.
The inevitable existence of northern domestic opposition to the war came joined at the hip to impossible statecraft conundrums. Just how much wartime dissent and/or resistance could be countenanced — as a legal matter, and a practical one? President Lincoln would not have received an A+ from the American Civil Liberties Union; he suspended the writ of habeas corpus in the Union and resorted to military tribunals and martial law in some places.
Our man Milligan was one of these Copperhead Indiana Democrats born to test Washington’s elasticity. He was an exponent of the Knights of the Golden Circle,* a pro-slavery secret society whose name denoted their aspiration to the antebellum filibusters‘ dream of a human-bondage empire to ring the Caribbean basin.
An attorney,** Milligan briefly became the toast of Democrats nationwide (whatever was left of the nation) for his robust defense of Clement Vallandigham when the former Congressman was prosecuted under the anti-Copperhead General Order 38.
At this point, Milligan was very well-known in what was then called the Northwest, and he was a major political player in Indiana — a pivotal state in the 1864 election.
But according to federal spies who tailed him in 1863-64, his interests in governance ran to more illicit grants of state power. Milligan was arrested in October 1864 as a principal in what was dubbed the “Northwestern Conspiracy”: a plot to mobilize the antiwar factions in that part of the country. This was no mere matter of pamphleteering; the “visionary and desperate” scheme aimed to prolong the hopes of the now-fading South by instigating an armed uprising in the Northwest that would relieve Union pressure on Dixie and perhaps turn the tide of the war.
Milligan was among several of the conspirators swept up in arrests in the following weeks, then tried by military tribunal for treason and sedition. It’s hard to argue that the plot was anything but.
But why a military court? This is the question in Milligan’s great legacy to posterity, the Supreme Court ruling Ex Parte Milligan.†
Milligan himself was not a soldier, and had not been in a war zone. He was a civilian, and Indiana’s regular civilian courts had never ceased to function. The question at stake in Milligan’s appeal to the Supreme Court was whether there was any legitimate recourse to a military tribunal under such conditions — well behind the lines, as it were.
On the morning of March 5, 1866, 34-year-old Republican U.S. Representative James Garfield — the future president whose assassin would command contentious caselaw all his own — strode into the U.S. Supreme Court to eloquently argue Milligan’s side.
“Such a doctrine,” Garfield intoned of the civilian courts’ being intentionally bypassed on national security grounds, “is too monstrous to be tolerated for a moment; and I trust and believe that … it will receive its just and final condemnation. Your decision will mark an era in American history. the just and final settlement of this great question will take a high place among the great achievements which have immortalized this decade. It will establish forever this truth, of inestimable value to us and to mankind, that a republic can wield the vast enginery of war without breaking down the safeguards of liberty; can suppress insurrection, and put down rebellion, however formidable, without destroying the bulwarks of law; can, by the might of its armed millions, preserve and defend both nationality and liberty … if the protection of the law shall, by your decision, be extended over every acre of our peaceful territory, you will have rendered the great decision of the century.
The high court found for Milligan unanimously, establishing as a constitutional bedrock Garfield’s proffered principle that civilian courts must try civilians wherever those courts are open, and ordered Milligan’s release. Although re-indicted by a civilian grand jury, Milligan was not re-prosecuted; he resumed his law practice and died near Fort Wayne, Indiana on December 21, 1899.
** Milligan studied law in Ohio, his native soil; his class of nine also included Edwin M. Stanton — Lincoln’s War Secretary during the events of this post. Milligan himself reflected that “I should have probably been hung” but for his fortuitous ancient friendship with Stanton.
† Court precedents with names like Furman v. Georgia are most familiar to us, signifying two disputing parties; by contrast, the phrase ex parte (by/for the party) theoretically indicates a decision issued on behalf of the named party, without need of any opposing party’s intervention. (Ex parte Quirin is another notable death penalty case using this terminology.)
While the ex parte locution was once a common one for habeas corpus appeals, such cases were in practice almost invariably contested by some organ of the state — as Milligan’s was.
Our man emerged in the 1880s bedeviling the French from Kabilya where the French had already had to suppress a rebellion. Collective punishment for that rising, onerous taxes, and the empire’s confiscations to benefit colonists all fired continuing resentment.
To French eyes, El Bachir was simply a bandit. But for periods of his nearly 15 years’ activity his word was next to law where the triclor could not reach. Kabilya’s colonial officials lived in fear of his revenge.
Peter Stout hanged on this date at the courthouse of Monmouth, New Jersey for axing 14-year-old Thomas Williams to death when the youth, “the unhappy victim of my barbarity, had given me some abusive language.”
Moved to remorse by a post-arrest religious conversion, Stout pleaded guilty knowing it would incur a sure death sentence and admitted all. Oddly, he successfully prevailed upon the sheriff to leave his hands unbound for the hanging — promising with more confidence than a man might be thought to have in his strangulation spasms that he would not lay them upon the rope.
And according to the pamphlet here attached, Stout did fulfill this stoic pledge: “the shock [of the drop] was so great that he raised his right hand within two or three inches of the rope, as though to seize it, but apparently recollecting himself, took it down … closed it with the other, and thus left this world, it is hoped, for a better.”
On this date in 1885, a vast concourse crowded into Morganfield, Ky. for the satisfaction of seeing the hated Mose Caton hang.
Caton was a Union County, Ky., farmer and cooper who married a widow to secure some land. And he seems like a catch! “Mose Caton seemed to be of the opinion that he had absolute power over the lives of his family,” this contemporaneous chronicler recorded. “The ethics of most people at the present day would prompt them to interfere if his treatment of his family should be practiced toward ordinary domestic animals.”
The poor widow Hester took to her new hubby’s thrashings like the Stanford prison experiment inmates and soon became a beaten, broken soul. Out in the boondocks, Caton had a free hand.
Disheveled and too frightened to speak, she ate in the corner, sat on a box separate from the rest of the family, slept on a filthy feather bed and absorbed any humiliation Mose cared to inflict on her … up to and including actually having Mose move his mistress right into the house, and having the mistress physically whip the wife. When Mose built a new house he gave the abused Hester the loft, into which household fire-boxes (rather than fireplaces) emptied their smoke. The woman lived in hell itself.
But she didn’t live there very long.
She died on Sunday, February 22.
As neighbors helped the next day to dress the body for burial, they saw written in the bruised flesh the terrible treatment Hester had endured … including a dreadful abrasion about the neck that looked for all the world like the mark of a cord about her neck.
Though the corpse was buried, reports of its condition soon led to its disinterment — bruised, oozing blood, visibly murdered.
“Mose Caton’s face was the most notable feature of the man. It might well be styled Mongolian in its principal characteristics. The rather scant chin whisker and mustache was the first requisite to this effect. Then the prominent cheek-bones; eyebrows, highest at the outside ends; and a deep sinister wrinkle, starting at the sides of the nostrils, and dropping down past the mustache, heightened the effect. His eyes, more yellow than grey, were not capable of shame, and yet they were not firm and steadfast. He could keep his eyes upon your face, but he could not look steadily into your eyes. His eyes would wander to your forehead, chin, cheeks, back to your eyes, and then away again all over your face.
“His forehead was high, but rather narrow, and retreated from the eyebrows back. The hair was black and slightly tinged with grey. He parted his hair on both sides, and a lock fell down the center of his forehead, not unlike the one commonly seen in the pictures of old Father Time. The ends of the rather long hair was tucked under like Secretary Lamar wears his hair. His clothing was of ordinary woolen goods. He wore a white shirt, and a celluloid turn down collar that was too small for him. He supplemented its length with a red ribbon, which ran through the front button-hole of his shirt collar and tied the ends of his celluloid collar together with the loose ends of the ribbon.” (Source)
“Have him at all hazards,” someone said, voicing the shocked sentiment of all present.
A posse of 25 somewhat fearful men — for Caton had a forbiddingly malevolent public reputation quite apart from the treatment of his spouse — was formed to arrest the tyrannical husband, along with the mistress and the boys. The Catons battened down the hatches and started firing. Their daughter Annie absorbed a breast- and bowel-ful of buckshot in the crossfire, a mortal injury. Only when the posse threatened to burn the house down did the besieged clan give up.
Even then, their trip to the lockup “was interrupted many times by bands of men on foot, emerging from the cypress forests in the icy wilderness, and demanding that the prisoners should be hung then and there.”
Authorities managed to keep the lynching sentiment at bay, but only just. Outraged locals were understood to stand ready to take matters into their own hands at any hint of excess delicacy or dawdling on the part of the judiciary. There were even rumors that an artillery piece had been procured to make certain matters should the need arise to assault the jail, and that the courthouse audience itself had several ropes in hand should it be called upon to issue its summary verdict.
When the jury announced that this would not be necessary, the onlookers bayed in bloodthirsty satisfaction at the sentence. Caton had scarcely a month yet to live, and this was not enough time to dissipate the hatred he had earned of his neighbors: there was an intent to hang Caton privately, but thousands of people pouring into Morganfield, Ky., made it clearly understood that they would riot and pull down the barrier if they were balked of their sight.
[O]n his return from Rochester, [Richard] Johnson brought with him a little girl, apparently about three years old.
This child he declared to be his by Mrs. [Ursula] Newman, and repeatedly demanded of her to acknowledge it, which she as often refused to do.
On Thursday afternoon he came into the dining room, the windows of which are in the rear of the house, and having locked the door by which he entered, and put the key in his pocket, again made the above mentioned demand. Another female was in the room, and heard the conversation which took place between them.
Mrs. Newman, perceiving that Johnson was more than usually excited, said to him “Good God, Johnson what are you going to do.” He replied “I am going to shew you that I am a man, you have imposed upon me too long.”
Mrs. Newman then called to the other female to open the door, which she could not do as Johnson had the key in his pocket.
Becoming frightened at his violence, Mrs. Newman opened one of the windows and sprang into the yard — from that went into a small room in the rear of the stair-case.
He followed her, threatening that if she did not acknowledge the child he would shoot her, and shortly after he discharged the pistol at her. She had the child hanging upon her left arm, in such a manner that Johnson could not take a fatal aim without wounding the child. He put one hand to the child, moved it out of the way, and with the other, clapping the pistol to her breast, discharged it.
Finding that the wound was not fatal, he ran up stairs, loaded the pistol again with several slugs, and returned.
At the first discharge a number of persons had rushed into the house; but on his returning, and declaring his intention of taking her life, and that if one shot did not do the work another should, they all took to flight.
The family however remained.
Johnson then made several attempts to take aim at Mrs. Newman, but was prevented by the resolution of her daughter, a girl of about eighteen years of age, who repeatedly thrust aside the pistol and prevented him.
After several attempts he discharged the pistol, but the daughter in pushing the weapon aside prevented the shot from taking the fatal effect intended, and the slugs were lodged in her mother’s arm.
The pistol burst in the discharge, shattering Johnson’s right hand and wounding the hand of the girl considerably. Since this tragical affair the daughter has not left her mother’s bedside, but has continued ever since to watch over her and to pay her every possible attention, notwithstanding the painful wound she has received. [she died that Saturday, two days after being shot -ed.]
At noon today Mrs. Newman was still alive, and in perfect possession of her senses, tho’ in extreme pain. The physicians think there is little hope of her recovery. The fatal wound was inflicted by the first discharge of the pistol. The ball passed through her body and lodged in the back, near the spine.
New York Evening Post, Feb. 7, 1829
Murder. — Susannah Anthony, a colored woman, was killed last night at about seven o’clock by Catharine Cashiere. The deceased gave a card party at the corner of Centre and Anthony street, at which there were 30 or 40 persons, all colored, and mostly penitentiary birds.
During the evening an agreement was made between Maria Collet and Catharine Cashiere, that they would have a quarrel with the deceased. They went into the room where she was and began some loud and abusive language, the deceased endeavoured to prevail on them to go away, and put her hands gently upon Cashiere to enforce her request, the latter thereupon drew a jack-knife, cut off deceased neck-handkerchief, & made two stabs at her.
The first wounded her hand with which she attempted to defend herself, and the second entered the chest and penetrated the heart. The blood spouted from the wound against the opposite wall, and the wounded woman fell and instantly expired. The murdress was secured and lodged in Bridewell.
A Coroner’s Inquest was held this morning at the house where the horrible deed was committed, and the verdict of the jury was, that the deceased came to her death by the wound of a knife, inflicted by the hand of Catharine Cashiere.
Hampshire Gazette, March 25, 1829
About half past ten, Richard Johnson and Catherine Cashiere were borught over from the Bridewell and placed near the fire place in the N.W. part of the room.
Johnson was immediately surrounded by several officers, with whom he appeared to converse in the most unrestrained manner. He seemed broken, but not contrite in spirit; and while anguish of mind was apparent, it was not seemingly of that character which is the beginning of true repentance.
The woman, however, was just the reverse in her deportment and appearance, and as soon as she was brought into court, she appeared considerably distressed and wept with great apparent emotion. But her tears were dried before the court came in; and she listened to her sentence with perfect composure though with due solemnity. She is a good looking young woman, with but a shade of the olive complexion, dark lustrous eyes, and rather an agreeable expression of countenance.
The sentence of Johnson was pronounced first. — On the usual question being put, “If he had any thing to say why sentence of death should not be pronounced according to law?” he addressed the Court as follows:
If your Honors please — I am asked, “what I have to say, why judgment of death should not be pronounced upon me?”
To this, I reply, to the judgment of the law, nothing.
A jury of my country has pronounced me Guilty; and there remains no discretion with the court, but to pronounce upon me the sentence of the law. But to the judgment of the world, I have much to say. I have been convicted of a crime, the bare recital of which causes humanity to shudder; — and it is a duty I owe to myself, while living, and to my memory when dead, that the circumstances of my offence should be fully explained.
Before entering into this detail, I must take this public opportunity, in the name of that Omniscient and All Merciful Being, who will hereafter pronounce His judgment, alike upon my judges and myself, of disclaiming any knowledge of the transaction of that fatal 20th of November.
I do not mean to impugn the decision of the jury; — the movements of the mind were beyond their power to penetrate; and hard as is my fate, I humbly bow to their verdict.
I cannot here enter fully into the details of my intimacy with the unfortunate cause of my own present awful situation. Duped and betrayed as I have been, into sorrow, despair, and lastly involuntary crime, I am unwilling, while living, to indulge in unavailing reproaches.
In life the deceased was the object of my tenderest affection, — an affection that her own unkind conduct seemed but to inflame, and that, baffled in its honorable purposes — expelled reason from her throne — and in its absence, led to the commission of the offence for which I am now to satisfy the offended community, by my own life.
Was I conscious of any moral guilt, at this result I should not repine. Accustomed throughout my life to respect the law, I have not now to learn that the blood of the murdered is alike a propitiatory sacrifice to the laws of God and man.
Convicted of the legal crime, I know my fate. For the moral offence, I have to answer to my conscience and my God; and that innate monitor tells me, that I stand before this Court and this community a legal, but not a moral murderer.
To my counsel, who have so ably, though vainly managed my defence, I tender my warmest thanks.
Of the Court I have but one request to make — that the period allowed me, to prepare for my impending fate, may be, as long as the law will permit.
His manner was firm and collected; his articulation deliberate and distinct; and he delivered himself with a studied oratorical air.
His Honor Judge Irving then pronounced his sentence as follows:
Richard Johnson, you have been found guilty by a jury of your country, of one of the greatest crimes a human being can perpetrate.
Instigated by evil passions, you have suddenly and with premeditated violence taken the life of a fellow being. Ursula Newman, the victim of your unbridled passions, was but shortly before the commission of this offence, the object of your strong attachment.
Yet that attachment not being based upon virtuous affection, has enkindled those furious passions, which have plunged you into guilt and have terminated in your destruction.
You stand a melancholy proof how speedy can be the transition from one licentious passion to another, and that vice is so all-absorbing in its nature that he who gives himself to its indulgence will eventually be led on to deeds of the greatest depravity.
The object for several years of your improper pursuit has at last perished by your hand. She has been hurried by you out of existence, without time allowed to her for preparation. Her children, some of whom are of very tender years, and who were entirely dependent upon her, have been deprived by you of their earthly support, and are now cast upon the world orphans and destitute.
I mention not these painful circumstances to harass your feelings, deeply as I trust they must be afflicted by these consequences of your crime. I dwell upon them for a better purpose. I would awaken your mind to a scene of its situation, with the hope of leading you to contrition. It is one of the most consoling principles of our religion, that however great are our offences, forgiveness will await the contrite, and that our Maker is as merciful as he is just.
The character which was testified of you on your trial, was that of being industrious in your habits, upright in your dealings, and kind in your general deportment — that you had been brought up to a reputable business, and which you was [sic] diligently pursuing for a livelihood. Young in life, had you only kept a vigilant guard upon your conduct, you had every think [sic] to hope.
The indulgence in one vice has blasted these expectations — has hurried you into the commission of an enormous crime, and has left you miserable and desolate.
While we pity you, public justice requires that you be held up an example and a warning to others. We would enjoin you not to be misled by the hope of escaping the fate which must so soon await you. The yielding to such hope, will only beguile your mind from that serious reflection which your present situation most solemnly requires.
What is left to you of life, is too short to be passed otherwise than in humble preparation for your future state. Let your thoughts be anxiously devoted to your religious duties; and while every thing is failing you here, let your reliance in penitence and humility of soul, be placed upon Him, who, in the deepest extremity, is able to console and to sustain you.
The sentence of the Court is, that you, Richard Johnson, be taken hence to the prison from which you last came, and from thence on Thursday, the seventh day of May next, to the place of execution, and there there, between the hours of seven in the forenoon and twelve at noon, you be hung by the neck till you are dead. May God prepare you for that awful event, and have mercy on your sou.
Catharine Cashiere, the colored girl, was then requested to stand up, and the Clerk put the usual question. She replied faintly, that she had nothing to say. The sentence of the court was then pronounced by Judge Edwards, as follows:
Catharine Cashiere — As you have been already informed, you are now arraigned at this bar for the purpose of receiving sentence of death.
Upon this solemn occasion it is proper that something should be said in vindication of the justice of the country, and with a view to awaken you to a realizing sense of your situation.
After a patient investigation of your case — after being zealously and ably defended by your counsel, a jury of your country have found you guilty of the crime of murder. In the circumstances attending the transaction, I can discover nothing to palliate your offence.
It is true that you were in a state of intoxication, but this in the eye of the law is no excuse. A contrary doctrine would be tantamoun to a letter of license to drunkards to depredate upon society with impunity.
Susan Anthony now lies in her cold and silent grave, bereft of life and all its enjoyments by your hands; and you must soon follow her to the silent mansions of the dead. By the laws of our country, by the laws of all countries, civilized as well as barbarous, the crime of murder is punished with death. As life is precious above all things, it is the bounden duty of those to whom is committed the safety of society, to take the most effectual measures for its protection.
Your situation is indeed an awful one.
At the early age of twenty-one, your existence will be brought to a sudden and violent end, a victim to the violated justice of the country. With earth and all its enjoyments, your connexion will soon cease forever, and you must go away, with all your imperfections upon your head, into the presence of your Maker.
Let me beseech you to devote the small remnant of your existence in preparing for this change.
Remember, and never let it be absent from your thoughts, that as you are indebted to him for your existence and all you have enjoyed here, so you must look to him for all you can hope for hereafter.
Before I proceed to sentence the prisoner, I conceive it to be my duty to address some remarks to this numerous audience, which most forcibly pressed themselves upon my attention during and since her trial.
Upon a former occasion, I expressed, from this bench, my sentiments upon the subject of the deplorable consequences attendant upon the facilities afforded in this city, for the vending of ardent spirits.
We were then called upon to sentence seven young men to the state prison, for killing one of our fellow citizens in a wanton and unprovoked manner, in the public streets. It appeared that prior to sallying out they had each been helped to seven or eight glasses of spirituous liquors by one of our licensed retailers; and that the crime was committed under the influence of the delirium necessarily consequent thereon.
During the present court we have been called to pass upon two cases of homicide, in one of which, both the prisoner and the deceased were at the time the offence was alledged to have been committed, in a state of beastly intoxication. And in the other, the case of the miserable being who is now arraigned at this bar, it was also proved by one of our licensed retailers, that he sold her on the night of the murder three or four glasses, although at the time she came into the store, she was so intoxicated that she staggered.
Thus prepared, in a state of mind thus phrenzied, this crime was committed.
If, as we are taught to believe, it is a crime to tempt as well as to be tempted, how can those hope to escape moral retribution, who hold forth lures to intemperance and by assisting to overthrow the reason of the vicious prepare them for the work of iniquity?
It is undeniably true, that a very large proportion of the crimes which are committed, are traceable either directly or indirectly to the influence of spirituous liquors; and I will add, that the poverty and wretchedness which prevails in society are to be ascribed more to this than all other causes united.
These facts are matters of notoriety, and yet the evil continues, spreading and extending a baneful influence.
In probing the sources of this evil we are met with the appaling fact that there [are] at this moment three thousand persons in this city, who are licensed to retail spirituous liquors. Licensed to pursue a calling the direct tendency and necesary consequences of which, is to ruin the health and deprave the morals of thousands of our fellow beings.
While such facilities are afforded for depraving morals and dethroning reason, is it matter of surprise, that “blood stained murder” stalks abroad among us. If the power of applying a correction was not in the hands of the people, if the government under which we live was independent of any superior to the will of the people, “if an enemy had done this thing,” there might be some excuse for us.
But as all power is either mediately or immediately derived from them, and is in their hands, as it is but necessary for them to will that a correction should be applied, and it will be done, how can we stand acuqitted in neglecting to apply a remedy.
In our ardent and headlong career through this world, in the pursuit of property or honor, let us pause for a moment to consider the cause of suffering humanity; let us devise the most judicious measures for the correction of this evil, and by a firm, united and determined concert of action, carry those measures into effect.
It is the cause of public justice, of public morals, and of suffering humanity, which demands our aid. Vain are all the expectations which are formed, of its being in the power of the ministers of justice to restrain the workers of iniquity — to stay the hand of violence, until this evil is corrected. Fifty are corrupted by ardent spirits, to where one is corrected by the law.
I will now proceed to the discharge of the last and most painful duty of the court.
Catharine Cashiere — Listen to your sentence. It is, that you be taken hence to the prison whence you last came, and that you be taken from thence on Thursday the seventh day of May next to the place of execution, and that between the hours of seven in the morning and twelve at noon of that day you be there hanged by the neck until you are dead. And may God have mercy on your soul.
There was no visible increase of emotion on the part of either of the prisoners, either during the time the Judges were speaking, or at the close of the concluding and awful sentence.
Both prisoners appealed to Enos Throop, the then-interim governor weeks after Martin Van Buren had resigned the post to serve in the cabinet of the newly-inaugurated President Andrew Jackson. Gov. Throop rejected both in separate letters directed to the sheriff imploring the prisoners’ jailers not to burden Johnson or Cashiere with any fanciful hopes of reprieve.
Albany, April 25, 1829
Sir, — I have received a petition for pardon, in behalf of Richard Johnson, in your custody, under sentence of death for murder, and have bestowed upon the case that attention which the importance and painful interest of the subject demand.
The killing was in the presence of witnesses, and the manner in which it was perpetrated is not a matter of doubt or dispute. It was done deliberately. The pistol was put in order and prepared for the occasion; it was twice discharged; and its contents were, each time, lodged in the body of the deceased.
The tragic deed was the result of a previous misunderstanding between the parties, of several days continuance; and the proximate cause, a personal struggle, commenced with angry feelings, and carried on with a sufficient interval before its fatal termination to accomplish the death of the miserable victim of his violence.
During several preceding days he exhibited those appearances of gloom, abstraction of mind, and depression of spirits, which indicate a bosom deeply agitated with violent passion, and a mind occupied with absorbing subjects.
It is urged in his favor, that his mind was deranged when the deed was done, — and that he had before sustained a good character, and was of an amiable and benevolent disposition.
The question of insanity was a matter in issue on the trial; and the jury, after hearing all the testimony, decided against him. — I see nothing in the evidence to induce me to doubt the correctness of their verdict in that respect.
His supposed amiable character, while it is evidence, in a doubtful case, to be duly weighed by the jury in pronouncing upon the intent, and appeals to our sympathy, does not afford a sufficient reason for arresting the course of Justice. It is in proof, however, upon this point, that he had lived in a licentious intercourse with this woman for several years, and their intimacy has, in the ordinary process of vice, terminated in the highest misdeeds.
The laws have pronounced his doom, and declared him a fit object of exemplary punishment; and I do not feel justified in interposing the Executive arm to defeat their politic ends.
I must therefore request you, to communicate to the wretched convict my decision, without delay, that he may prepare himself to meet his fate, and make his peace with his offended God.
I am respectfully, your’s [sic], &c.
Albany, May 4th, 1829
Sir — My attention has been recently called to the case of Catharine Cashiere, a coloured woman in your custody, under the sentence of death for the murder of Susan Anthony, also a colored woman.
On receiving a report of the trial from the presiding Judge, accompanied by affidavits, I at a former day attentively examined the case: but the respectability of the petition, which has been forwarded to me, through the praise worthy exertions of humane persons, in behalf of a friendless individual, has induced me to re-examine the case, and look, with scrupulous care, at the conclusion to which my mind has arrived.
All punishments are prescribed by the wisdom of our lawgives, for purposes of public good, and should not be dispensed with for light causes. It is a maxim drawn from experience, and sanctioned by sound reason, that laws restrain crime, not by the severity of their enactments, but by the certainty of their being enforced.
It was not intended by the framers of the Constitution to erect in the Executive a tribunal which shall arbitrarily dispense with those judgments of our courts, which are pronounced in strict conformity to the design of wise and prudent laws; but one which shall discreetly exercise its powers to favor the designs of the Legislature in tempering undesigned severities with the administration of justice.
With these views I have examined the case of Catharine Cashiere.
The facts as reported shew: That the convict came to the house of the deceased by invitation, and soon began to use indecent and profane language. She was requested by the deceased to go out, and did so. She returned again in a few minutes, resumed her ill conduct, and was again mildly requested to go out. — She refused to go, and used language shewing her determination not to go.
The deceased then gently laid her hand upon her, when the convict made three attempts to stab her with a knife, which she drew from under her apron. The two first attempts were ineffectual, but the last was made with much force and preparation, and the knife reached the heart of her victim.
It further appears that while she was absent from the room after the commencement of the affray, she was seen in a grocery kept in another part of the same house, with a knife in her hand. Whether she procured the knife then, or had it before, is not in proof, but the testimony affords good reason to believe that she there opened it and hid it under her apron, and returned to the room for the purpose of renewing the quarrel, and contemplating the dreadful catastrophe which ensued. — Here was positive proof of malice propense.
Although the design of murder was conceived after the quarrel was begun, yet the wrong was altogether on the part of the convict, and the interval of absence from the room was sufficient and was employed in deliberately contriving the execution of the bloody deed.
Independent of the common law doctrines of murder, stabbing is so odious that special statutory provisions exist, declaring designed stabbing which produced death to be murder without proof of malice.
It is declared by statute, “that if any person or persons shall stab or thrust any person or persons that hath not then any weapon drawn, or that hath not then first stricken, the party who shall so stab or thrust so as the person so stabbed or thrust shall thereof die within the space of six months then next following, although it cannot be proved that the same was done of malice aforethought, every such unlawful killing shall be adjudged, taken and deemed wilful murder.” Her case comes directly within this statute.
It is urged that she was insane, and that she was intoxicated. Drunkenness afford no excuse for crime. If it should, every species of crime, from arson and murder down to the smallest larcenies, would be perpetrated under that pretence. The facts in regard to her drinking were before the jury.
It is said that when she is intoxicated she is deranged: that is the natural effect of intoxication: but the law says, with great justice, that voluntary derangement shall not excuse crime.
Affidavits are presented to shew that when she was a child she received a hurt in her head which impaired the strength of her mind, and that when she is intoxicated she exhibits insanity which is supposed to result from the hurt in her head, and that the fact of the hurt was not proved on the trial. It is not satisfactorily proved that she ever manifested symptoms of insanity, except when she was under the influence of liquor.
Her conduct during the quarrel, from its commencement until its fatal termination, shews no evidence of insanity, nor that prostration of mind by liquor which totally extinguishes reason; but, on the contrary, it evinced a capacity to plan and execute her projects of revenge.
I therefore feel it a duty which I owe to the state, the execution of whose laws are entrusted to me, to deny the pardon solicited. You will therefore make known to the miserable culprit my determination, so that if she has cherished any hope from Executive clemency, she may dismiss it, and prepare her mind to appear before that high tribunal where there is no error in judgment and from which there is no appeal.
Your obedient servant,
Baltimore Patriot, May 9, 1829
From the New York Post of Thursday.
EXECUTIONS. — Richard Johnson and Catherine Cashiere, under sentence of death for murder, were this forenoon executed on Blackwell’s Island.
They were taken from the Bridewell a little after 8 o’clock, and conveyed to the gallows, accompanied by the Sheriff and a troop of horse, and followed by an assemblage of several thousands of men, women and boys, eager to witness the dying struggles of two of their fellow beings.
Early in the morning Broadway, opposite the Bridewell, was blocked up with spectators, so much so as to make it difficult for carriages to pass: and for a short time before the procession moved every avenue leading to the prison was completely closed.
We hope it will be the last time a similar opportunity will be afforded to gratify the idle curiosity of the populace of this large city. The revised laws provide that after the year 1829, all executions for capital crimes shall be performed in the yard of the prison where the convict is confined, in the presence of the proper officers.
We have just learned that the poor unfortunate wretches were turned off between 10 and 11 o’clock, from a gallows erected for the purpose on Blackwell’s Island, and that a great part of the procession were disappointed in witnessing the spectacle, not being able to procure boats to convey them across the river to the Island; and this perhaps was a fortunate circumstance, for we have heard that one of the few boats which were put in requisition, with twelve persons in it, was upset and before assistance could be rendered several were drowned.