Posts filed under '19th Century'

1817: Four arsonists in the rain

1 comment August 15th, 2015 Headsman

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Add comment August 12th, 2015 Headsman

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

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

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

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

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


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

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

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

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

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

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

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

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Entry Filed under: 19th Century,Abortion and Infanticide,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Milestones,Murder,New Zealand,Women

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1849: Konrad Heilig and Gustav Tiedemann, Baden revolutionaries

Add comment August 11th, 2015 Headsman

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

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

Two separate risings were easily defeated in 1848.


German Confederation troops
storm Republicans in Freiburg in April 1848.

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

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

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

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

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

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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Execution,Germany,History,Power,Revolutionaries,Shot,Soldiers,Treason

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1883: James Burton, William Marwood’s last

Add comment August 6th, 2015 Headsman

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

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

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

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

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

Instead, William Marwood ended up with the task.

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

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

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

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

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

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1834: Eliza Joyce, confessed poisoner

9 comments August 2nd, 2015 Meaghan

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

On this date in 1844, Eliza Joyce was hanged on the roof of Cobb Hall at Lincoln Castle for the murders by poison of her two daughters and her stepson.

She was the fifth and last woman to be publicly hanged at the castle during the 19th century, and she remains the last woman in England to be hanged for a crime she’s pleaded guilty to.

Eliza had married William Joyce, a gardener, in 1840. He had two children by his prior marriage, Emma and William Jr., and he and Eliza went on to have a daughter together, Ann.

However, Emma died suddenly in October 1841 and William took sick the following year. In September 1842 he was visited by a doctor, who prescribed medicine for him. Eliza went to the chemist’s … where she picked not that medication, but arsenic.

Her husband found out and took the poison back to the chemist’s, where they realized some of it was missing. By then William Jr.’s condition had worsened considerably and he was showing symptoms of arsenic poisoning. Before his death at Christmastime he gave a statement, confirming his stepmother had given him the arsenic. He was fifteen years old.

Early in 1843, Eliza’s baby daughter Ann also died. Eliza was charged with William Jr.’s murder, but the indictment was thrown out on a technicality. She was then re-charged with attempted murder, which at the time carried the same penalty: death. But at her trial she claimed William Jr.’s poisoning was accidental: she’d spilled some of the arsenic powder on the floor, she said, and picked it up with a spoon, and later without washing it she used the same spoon to give William his medication.

The jury bought the story and Eliza was freed in the summer of 1843.

However, in light of what had happened, her husband cast her out and she had to move into the workhouse.

Eventually, her conscience began to trouble her and she confessed she’d been guilty all along of William Jr.’s murder, and that she had also poisoned both Emma and Ann with laudanum.

When asked why she’d done such terrible things, she plaintively replied, “I don’t know, except I thought it was such a troublesome thing to bring a family of children into this troublesome world.”

By now fully resigned to her punishment, she offered no defense to the court and pleaded guilty to both girls’ murders. (She couldn’t be charged with her stepson’s murder a second time.) William Calcraft handled her execution, and (for once) he didn’t botch it; she died quickly and quietly.

The prisoner walked with tolerable firmness, being only occasionally supported; and once, when about midway on the platform, she paused for a second, and turned to take a parting glance at the sunny scenery by which she was surrounded, and, as if to bed a lingering farewell to the bright and glorious world which she had sacrificed: her face and features wore an aspect of ghastly agony which none can forget who gazed upon her. Having ascended to the top of the tower on which the scaffold was erected, her bonnet was removed, her arms pinioned, and the cap placed over her face. She then ascended the step of the gallows. The effect of her appearance on the immense crowd was awfully striking. In an instant, the hootings, bellowings, and imprecations, which ever distinguish such enormous assemblages, were hushed, and a profound stillness reigned throughout the living mass.

-The Hull Packet and East Riding Times, Aug. 9, 1844

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

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1831: John Bell, age 14

Add comment August 1st, 2015 Headsman

Fourteen-year-old John Bell was hanged at Maidstone Prison on this date in 1831, for slashing the throat of a 13-year-old chum near Rochester in order to steal a pittance of poor relief that boy had received from a parish church. (The murder netted “three half-crowns, a shilling, and a six-pence” per the Aug. 6, 1831 Preston Chronicle, from which the facts of the case below are also drawn.)

Bell’s little(r) brother James gave the evidence that would hang John: that John spied Richard Taylor and on a lark announced that they would slay him for his pennies.

To this end John borrowed James’s knife, and before employing it to open Richard’s carotid artery, retired with Richard to a turnip-field where the blade pared a few snacks for greedy boys.

Then on the pretense of taking a shortcut home, James guided Richard into a woods where avarice guided his hand to a greater sin than turnip-theft. Showing a streak of the same ruthless acquisitiveness, 11-year-old James demanded half the proceeds lest he blab on his brother — leading John, whose situation was beginning to dawn upon him, to exclaim, “Torment will come upon me for this; I know I shall be hanged!”*

The hardihood which the culprit had displayed at his trial, and even when sentence was passed, deserted him as he entered his cell. He wept bitterly; and when his mother visited him on Sunday afternoon, [the day before the hanging -ed.] he acused her of being the cause of bringing him to his “present scrape.”

On Sunday evening, after the condemned sermon had been preached by the Rev. Chaplain, Bell made a full confession of his guilt. His statement did not materially differ from that which was given on the trial; but he added some particulars of the conduct of his victim before he murdered him, which make the blood run cold.

He said that when he sprung upon Taylor with the knife in his hand, the poor boy, aware of his murderous intention, fell upon his knees before him — offered him all the money he had, his knife, his cap, and whatever else he liked. Said he would love him during the whole of his life, and never tell what had happened to any human being. This pathetic appeal was lost on the murderer, and without making any answer to it, he struck the knife into his throat!”

At half-past 11 o’clock, the solemn peals of the prison bell announced the preparations for the execution. After the operation of pinioning, &c. had been completed, the culprit attended by the Chaplain, &c., walked steadily to the platform.

When he appeared there, he gazed steadily around him; but his eyes did not quail, nor was his cheek blanched. After the rope was adjusted round his neck, he exclaimed in a firm and loud tone of voice, “Lord have mercy upon us. Pray good Lord have mercy upon us. Lord have mercy upon us. All the people before me take warning by me!”

Having been asked if he had any thing farther to say, he repeated the same words, and added, “Lord have mercy upon my poor soul.”

At the appointed signal, the bolt was withdrawn, and in a minute or two the wretched malefactor ceased to exist.

The body is to be given over to the surgeons at Rochester for dissection.

The number of persons present could not be less than 8,000 or 9,000.

The jury did not even retire to come to its verdict, but it strongly endorsed commuting the consequent (mandatory) death sentence.


The Spectator editorialized for the occasion (and we draw this text from its reprint in the Standard of Aug. 8, 1831):

The boy Bell, whose conviction of the murder of little Taylor, near Chatham, we mentioned in our last number, was hanged on Monday, at Maidstone. Bell was only 14 years of age; and, from the utter neglect of his education, could hardly be regarded, even had he been much older, as an accountable being.

It does not appear, from any thing that transpired at the trial or after it, that he felt any greater qualm in killing Taylor, than he would have done in killing the rabbit to whose squeak the dying shriek of the child was, with horrid reality, compared by the brother of the slayer.

Was an untutored boy like this, with his chubby cheeks and flaxen locks, and every attribute of childhood, a proper subject for the halter and the dissecting-knife? Is it required that our code, like that of Moloch, should receive its sanction by the sacrifice of infants? Are our children and schoolboys already murderers in intention, that we should offer them such an example; or was it our grown-up men that we sought to deter from crime by so revolting a specimen of punishment?

Of all the legal tragedies that have been enacted for the last twenty years, there has been none so replete with horror.

And yet we are told therer wer multitudes assembled to behold it! And the masses that pressed forward to glut their eyes with the expiring convulsions of the miserable boy were angry because they had to wait from eight to eleven o’clock until their longing was satisfied!

* This quote is from the Liverpool Mercury of Aug. 5, 1831.

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

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1830: Charles Wall

2 comments July 30th, 2015 Meaghan

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

On this date in 1830, Charles Wall was hanged at Worcester Prison for the murder of his fiancee’s daughter.

Wall’s fiancee, Mary Chance, lived in the town of Lye and had two illegitimate children. Wall was not their father and didn’t support them financially, but he seemed fond of them and was never known to mistreat them.

The oldest child, five-year-old Sally, vanished without a trace on May 16, 1830. Sally and her mother had gone out visiting with Wall, and that evening the little girl asked permission to go outside and play. She never returned, and her mother and Wall searched frantically for her until the wee hours, but to no avail.

Little Sally’s body wasn’t recovered until May 19; it was found at Old Swinford at the bottom of a limestone pit some 240 feet deep. She had died of a fractured skull. But did she fall … or was she pushed?

Several people reported having seen Wall alone with Sally the night of her disappearance. One witness picked him out of a lineup of more than a dozen men and said he’d seen Wall carrying Sally, who was sobbing and begging to be allowed to go home for her supper. Another witness saw Wall walking alone from the direction of the limestone pit at 9:00 that evening. Still a third witness said that on the morning of May 16, Wall had asked her some questions about which limestone pits in the area were being worked.

The inquest returned a verdict of willful murder against Wall and he was brought to trial. Nicola Sly’s A Grim Almanac of the Black Country notes,

For every witness called by the prosecution, the defense countered with a witness who had either seen Sally playing alone around the top of the unfenced mineshaft on the night of her disappearance, or who testified about the kindness shown by Wall to both of Mary Chance’s illegitimate children.

Mr. Justice Park told the jury that he personally could not see any possible motive that Wall might have for killing the little girl, reminding them that nobody had spoken of anything but kindness and fondness between Wall and his alleged victim.

He was convicted anyway, after only fifteen minutes’ deliberation on the part of the jury, but they recommended mercy. Wall’s death sentence was not respited, though. He was hanged two days later, still protesting his innocence.

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

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1815: Eliza Fenning, for the dumplings

3 comments July 26th, 2015 Headsman

Two hundred years ago today, an Irish serving-girl named Eliza Fenning hanged for poisoning her master’s family. The reliability of the judgment against her was widely questioned in 1815 and has not improved with age.

Robert Turner’s family, along with one of his apprentice stationers all sat down to a meal of dumplings that Eliza, a cook, had prepared for dinner on March 21 of that same year. Within minutes, all were in agony. As Charlotte Turner, who was the mistress of the house even though only a few months older than Ms. Fenning, told the Old Bailey:

I was taken ill myself in less than three minutes afterwards; the effect was so violent, that I had hardly time to get into the yard before my dinner came up. I felt considerable heat across my stomach and chest, and pain.

Q. Was the vomitting of a common kind?

I never experienced any thing before like it for violence; I was terribly irritated; it was not more than a quarter of an hour my apprentice Roger Gadsell was taken very ill in a similar way to myself.

It appeared from the symptoms — and from the blackened dough of the dumplings — that the meal had been laced with arsenic, that cunningly ubiquitous terror of the 19th century. The inference of family, Crown, and eventually court was that Eliza had availed the opportunity of preparing the food to revenge herself on the Turners because Charlotte Turner had caught her some days before sneaking into the apprentices’ room for a snog.

It’s a sure thing that homo sapiens has murdered for feebler reasons than this, but the insufficiency of the provocation, the vociferous denials of the condemned, and the puzzling fact that she too ate the noxious dumplings — all these things militated against confidence in the verdict which was hotly disputed in the public at large. Methods of establishing the presence and quantity of arsenic in a sample were extremely primitive in general, and painfully specious as applied by the surgeon who came to that verdict in the Fenning case.

The court inconclusively pursued the various ingredients in the dish: the same flour had been used for a meat pie that had brought up nobody’s dinner, so that was out; Eliza suggested the milk might be to blame, or a new yeast the house obtained on the eve of the dinner party. There is a wide-ranging effort in the transcript to establish the young woman’s access to an arsenic packet that Robert Turner kept in a desk drawer to poison mice, but this seems little relevant; it was an unlocked desk drawer in a busy household, plus arsenic was widely available in town. Everyone had effective access to arsenic, should she or he have a mind to find it.

As friend of the site (and occasional guest blogger) Richard Clark puts it in his overview, “it is difficult to be sure whether Eliza was guilty or not” even all these years later. But it’s a certainty that what was developed against her in 1815 would fall leagues short of any present-day standard for a confident conviction. Was she really unbalanced enough to try to murder the entire household over a tongue-lashing, yet steely enough to eat the poisoned dish herself to dispel suspicion, yet incautious enough not to have readied any other alibi for the moment when attention would turn to the cook? What possible basis could she have had for believing that she could salt in enough of the toxin to kill everyone else but eat a safely sub-lethal dose herself?

And maybe, as with Cameron Willingham, we might best begin with the premise: was there actually a dose of arsenic, laid in by a sinister hand — or might some contaminant carelessly proximate to the food supply of an unruly metropolis have been the true and undetected culprit?*

The case dissolves under even mild scrutiny into a tissue of social and medical quackery: the uppity servant, the sexually precocious Irishwoman, the assassin infiltrating the dumplings. (See Judith Flanders’s The Invention of Murder: How the Victorians Revelled in Death and Detection and Created Modern Crime for a scathing defense of Fenning.)

Whatever it was that the family puked up, everyone did so speedily enough to remain among the living. Attempted murder, however, was still a capital crime in England, and would remain so until 1861.

Though her case would attract widespread sympathy and public controversy, Eliza Fenning’s defense before the bar was all but nonexistent: four good-character witnesses, plus this statement:

My lord, I am truly innocent of all the charge, as God is my witness; I am innocent, indeed I am; I liked my place, I was very comfortable; as to my master saying I did not assist him, I was too ill. I had no concern with the drawer at all; when I wanted a piece of paper I always asked for it.

That’s the whole of it — complete and unabridged. It is a pathetic thought to consider this helpless plea in light of the idea that the food might have been poisoned accidentally; tunnel vision had already settled on a semi-coherent story of the embittered serving-girl’s revenge,** and without the art to draw out some different interpretation of the few facts available, Eliza found her place fixed by the self-validating suspicions cast upon her.

She held to her innocence all the way to the end; it was put about that a Newgate screw had overheard her father bid her do so no matter what lest he lose all honor after she died. One last character assassination for the road.

Supporters — and she has had many, down to the present day — flocked to Eliza’s Irish wake in the days after her hanging (the body “being placed in the kitchen of the house, and dressed out in ribbons, flowers, &c.”†) and then thronged a funerary procession from Red Lion Square to the tombs of St. George Bloomsbury.

* In 1900, to the consternation of brewers, around 6,000 pub-fanciers in northern England fell ill from beer that turned out to be contaminated with arsenic present in an ingredient (sulphuric acid) that made a different ingredient (glucose) that went into the beer.

** As Fenning was condemned just a few weeks before Waterloo, the paranoia that England’s burghers nurtured over the prospect of incipient Jacobinism must be presumed a relevant part of the scenario … doubly so, considering the young lady’s nationality.

The Lincoln, Rutland and Stamford Mercury, Aug. 4, 1815. Reports that the family had the effrontery to accept 40 quid worth of gifts from well-wishers were also lamely represented by Fenning’s persecutors as black marks on the family name.

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

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1890: Edward Gallagher, “none of your damned business!”

Add comment July 11th, 2015 Headsman

On this date in 1890, thrashing in panicked resistance, Edward Gallagher hanged in Vancouver, Wash.

Louis Mar, an aged and solitary farmer who was known to carry large sums of cash on him, had been found in November 1889 shot dead outside his home — which had also been ransacked but to little effect. (Thousands of dollars were discovered tucked into the house’s nooks and crannies that the assailant(s) had overlooked.) A discarded scrap of a newspaper proved to match the edition Gallagher himself was carrying when detained lurking around the Mar place a few days later.

1890 was the year that America’s the western frontier officially closed, but the grueling life in its Cascade Mountain vestiges in the 1880s had taken a toll on the Chicago-born murderer. The Portland Oregonian (July 6, 1890) noted that he “is 24 years old, but looks to be over 30.” On top of that, he nearly burned to death awaiting trial in jail when Vancouver’s courthouse went up in flames in February of 1890.

Gallagher might very well have been non compos mentis, and it is not a mark in favor of his sanity that he elected to defend himself by agreeing that he pulled the trigger, but arguing that it had been done in self-defense … while on Mar’s land … and prior to burgling Mar’s house … with a mystery accomplice whom he refused to name.

As much as the circumstances implied a cold-blooded killing, Gallagher’s erratic behavior, disjointed nonsense story of the crime, and inexplicable confidence in his pardon all struck many observers as the mark of a genuinely unbalanced man.

“Gallagher does not seem to comprehend his fate,” the Oregonian puzzled. “One would be in a quandary to decide whether he was insane or lacked brains to comprehend the enormity of his crime.”

He maintained that incomprehension all the way to the gallows platform. As a fascinating 2013 retrospective in the Vancouver Columbian described it,

didn’t believe he would die that day — despite the bloodthirsty crowd before him, the $225 spent on his execution, the lawmen flanking his left and right.

Instead, with a “slickly idiotic smile,” he apologized to the audience for his appearance and promised he would do better next time. He said “the soldiers” would save him.

Reality struck when his hands were bound. For three maniacal minutes, Gallagher swung his arms and kicked violently, knocking over the sheriff and his helpers. Seven men finally subdued him.

The death warrant was read, a black hood pulled over Gallagher’s head and the noose tightened. Sheriff [M.J.] Fleming, who was paid $50 for the deed, gave the condemned man one more chance to confess to killing and robbing Lewis Marr, an old farmer found dead on his land in the Lower Cascades area of Skamania County.

“Did you kill that man, or did you not? Now, answer,” the sheriff said, according to newspaper accounts.

From beneath the black hood, Gallagher sneered his last words: “None of your damned business.”

His egregious death was witnessed by 200 official ticket-holding invitees, but the wooden stockade nominally enclosing the gallows was easily peered through or over … so another 500 people outside the stockade also peeped on the de facto public execution.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Diminished Capacity,Execution,Hanged,Murder,Public Executions,Theft,USA,Washington

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1861: Robert Thomas Palin, under Ordinance 17 Victoria Number 7

Add comment July 9th, 2015 Headsman

On this date in 1861,* Western Australia’s Ordinance 17 Victoria Number 7 claimed its one and only victim.

Implemented early in Western Australia’s convict era as the influx of criminals made existing settlers jumpy, this law made a wide variety of violent but non-fatal crimes potentially subject to the death penalty when committed by an escaped fugitive.

Robert Thomas Palin was a newcomer to Australia, having debarked from a convict ship only in January 1860. Despite his burglary conviction back in the mother country, he was an exemplary prisoner and earned his ticket of leave (a sort of limited furlough). He even kept a house in Fremantle and took lodgers.

In May 1861, he threw every away every bit of good will and more by burgling another Fremantle home. A Mrs. Susan Harding awoke in the moonlight to find this invader looming over her bed — and he greeted her in that classic of convict argot, “Your money or your life.”

Mrs. Harding didn’t have any — in the words of her testimony on July 3:**

He repeatedly told me to “hush.” He took hold of me by the arm and pulled my hair about, and then pulled the bed clothes down, and felt about the bed. I was afraid he was about to commit some assault — he touched my night dress, not to move it, and then I got so dreadfully alarmed, that I jumped out of bed on the opposite side of the bed. I went to my looking-glass drawer, and took out a watch and chain, which I handed him, and prayed him to leave me.

Palin did so.

Although terrifying for Susan Harding, the encounter did not result in any injury; as Palin’s boot-prints were easily followed back to his own house, even her watch and chain were recovered. To send this offender to the gallows seemed like a punishment out of the wrong century, as Perth’s Inquirer and Commercial News editorialized (June 10):

Burglary attended with violence, however brutal that violence might be, so long as it did not result fatally, is not punished with death in the United Kingdom.

… What was the violence on this occasion? Catching hold of the arm of the principal witness; and it does not appear from the evidence that even the grasp was violent, nor was it necessary to be so according to the acceptation of the meaning of the word laid down for us. It was propounded by the Chief Justice that, strictly speaking, merely laying a hand upon a person, under such circumstances, constituted violence. Is this truly the spirit of the law? …

Palin might have taken everything in that house, yet he would not have been hung. He might have threatened with the presumed pistol, have gesticulated, have stormed and terrified the occupant of the chamber almost to the verge of insanity, and yet he would not have been hung, but he touched her arm, and death is the penalty. There is something horrible in this. But there is something more fearful still when we further look into the matter and find that had he committed any enormity, even to the shedding of blood, he could not have had awarded to him a more extreme measure of punishment. …

[It is our] fervent hope that never again may the pages of our Colonial History be inscribed with so terrible a record; that never again will it be our province to allude to an event of so dreadful a character as that which has lately passed away.

The fervent hope was realized. In the only other case where Ordinance 17 Victoria Number 7 was used to secure a death penalty for an ordinarily non-capital crime, the sentence was commuted.

* As of this writing, Wikipedia avers July 6. References from 1861 newspapers make it clear that this is erroneous. (example, another).

** Yes, that’s six days before the execution occurred.

On this day..

Entry Filed under: 19th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Milestones,Theft

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