Posts filed under '19th Century'

1820: Not Stephen Boorn, saved by newsprint

1 comment January 28th, 2014 Headsman

January 28, 1820 was the scheduled hanging-date for Stephen Boorn in Vermont, who was spared by the stroke of luck in one of the Republic’s seminal wrongful conviction cases. For all its vintage, it has a disturbingly current feel.

Stephen Boorn and his brother Jesse were farmers in Manchester living with their possibly feebleminded brother-in-law Russell Colvin when Colvin suddenly vanished in May 1812. Vanishing unexplained for weeks on end was actually an established behavior for this peculiar gentleman, so it was only gradually that suspicion of foul play accumulated. There was some bad blood known to exist between Colvin and his brothers-in-law; they had even been seen in a violent quarrel just before Russell Colvin disappeared (pdf). There were whispers, but never any real evidence.

And so weeks stretched into months, and then to years. Many years. Was it possible two neighbors of the good people of Manchester, Vt., had gotten away with murder plain as day and gone about bringing in their crops just like nothing happened?

The break arrived in 1819 courtesy of the brothers’ aged uncle Amos Boorn. Amos reported that Russell Colvin had appeared to him in a dream and accused his former in-laws of murder. Now a dream couldn’t be read in evidence, but it proved sufficient to re-open a cold case and endow the investigation with official “tunnel vision” so familiar to the staging of a wrongful conviction.

The other classic trappings of that scene followed anon: shoddy evidence, a jailhouse snitch, and even a false confession.

Once under the pall of suspicion, random events around the Boorns began to seem sinister. The dream-Russell’s accusation led to a cellar-hole being excavated, which turned up some random junk (a penknife, a button); was it Colvin’s random junk? A barn on the Boorn farm burned down; had it been torched to conceal evidence? A boy found bones at a stump on the property; were they human remains? (They turned out to be animal remains.)

Stephen Boorn had moved to Denmark, New York, but Jesse Boorn was taken into custody for interrogation. There he was parked in a jail cell with a forger named Silas Merrill.

Lo and behold, Jesse Boorn immediately spewed to his bunkmate the awful secret of the murder. Yup, after keeping it quiet for seven years he detailed it all to Silas Merrill one “night, when he and Jesse had waked from their sleep, and without any previous persuasion or advice on the subject” and also just happened to tie in all that random sinister stuff from the investigation like the barn and the bonestump. Naturally, Merrill was released for relaying to his jailers this valuable and in no way impeachable information.

Now cornered, Jesse confessed to the murder. The causes of false confessions are complex, but the advent of DNA exonerations has underscored the alarming frequency of this phenomenon. A strictly rationalist explanation might postulate that Jesse thought he could avoid hanging by taking responsibility for a crime he was now certain to be convicted of, and framing it in the least culpable possible light; the murkier fathoms of human psychology might suggest a desire to please his captors or a conscience conforming itself to the conviction of his neighbors. Whatever the case, the confession got Stephen extradited from New York, and under interrogation Stephen too confessed. Stop confessing to things, people! (In fact, best say nothing at all.)

Despite retracting the confession, the brothers were convicted with ease in a trial held at the town’s church, the better to accommodate huge crowds that would have overflowed the courtroom. They were both slated to hang on January 28.*

While Jesse Boorn won a commutation his brother appeared doomed.

As an almost literal last gasp, Stephen took out newspaper advertisements searching for Russell Colvin. And they worked. At least, this is the version of the story as it is commonly recounted, dating I believe to this 1932 volume on wrongful convictions. The primary sources referenced there actually appear to me to indicate that the Boorn-saver, a New Jersey gentleman named Taber Chadwick, responded with a letter to the editor to a simple news report of the case, which report naively credited the dream-driven conviction as “divine providence”.


From the New York Evening Post, Nov. 26, 1819.

Luckily, Mr. Chadwick realized that he knew a Russell Colvin from Manchester whose mental state was thoroughly addled.


New York Evening Post, Dec. 10, 1819.

A fortnight after this letter hit the press, Colvin was back in Manchester … and this time, it was not in a dream.

Colvin confirmed that his brothers-in-law hadn’t hurt him at all and both Boorns — who, we remind you, had each previously confessed to killing a man who was now here in the flesh and blood to exonerate them — both these Boorns walked free.

Update: Embarrassingly not noticed by my own self in researching this post, a comment from the outstanding 19th century crime blog Murder By Gaslight flags the hypothesis that the entire exoneration was staged using an imposter to weasel the Boorns out of prison.

* According to this biography of the African-American divine Thomas Lemuel Haynes, Haynes was the Boorns’ confessor while they awaited execution, and one of the only people to believe the brothers’ protestations of innocence. Haynes was eventually moved to spend his own money on the famous advertisement hoping that “any person who can give information of the said Colvin may save the life of an innocent man.” If there’s one Vermonter who comes out of this astonishing story smelling like a rose, it’s Reverend Haynes.

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1868: Three Italian bandits

Add comment January 27th, 2014 Headsman

On this date in 1868, a trio of notorious Italian brigands went under the French guillotine in Marseilles.

Joseph Coda-Zabetta, the leader, had escaped a hard labor sentence in Italy and fled to France where he founded a large band of robbers who terrorized France’s Mediterranean countryside from Nice to Marseilles for some months in 1867.

From raiding unoccupied country homes the gang soon progressed to bold invasions of occupied houses and waylaying travelers. “In one instance,” a press report of their trial reported,* “six of the band attacked a convoy of carriers, one of whom received a pistol-shot in the breast and a stab with a knife, from which injuries he afterwards died.”

Twelve of the band faced trial, and four of their number received death sentences. (Seven others had long prison sentences; a man named Muletto was acquitted.)

Coda, Antoine Quaranta, and Felix Mardi (Italian pdf) were all guillotined on this date in 1868. (They died, it was said, repentant (French).) The fourth condemned prisoner, Jacques Mulatere, had his death sentenced commuted to life at hard labor.

* London Times, Dec. 20, 1867

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1855: Emmanuel Barthelemy, duelist

1 comment January 22nd, 2014 Headsman

The winner of England’s last fatal duel was hanged at Newgate on this date in 1855 … but not for the duel.

Both participants in that duel, Emmanuel Bart(h)elemy and Frederic Cournet, were French emigres* who had commanded Parisian barricades during the 1848 revolution.

On its surface the duel was one of those trivial affairs of honor: Barthelemy heard that Cournet (otherwise unknown to him) had repeated some defamatory rumors about Barthelemy already abroad in France, and challenged Cournet on that basis; Cournet at first dissociated himself from any such smears, but upon better consideration thought he considered Barthelemy’s notice a little on the ultimatum side and took exception to that.

The consequent set-to was delayed some time by negotiations over every element of its ceremony. When at last it was arranged, it unfolded thus:**

it should commence with pistols, the combatants, being 40 paces apart, advancing 10 paces before firing if they chose, and having two shots each, miss-fires not counting; that the choice of position, the choice of pistols, and the signal for firing should be determined by tossing up; that if the pistols proved ineffectual swords should be resorted to to terminate the affair.

Cournet won the toss and got to choose his position and take the first shot. Barthelemy had to stand stock-still as Cournet

advanced his 10 paces and fired, but though on 14 similar occasions he had never failed to hit his opponent this time he missed. Barthelemy then told him that he had his life in his hands, but would surrender his right to fire if Cournet would agree to terminate the duel with swords. [Barthelemy had wanted swords to be the dueling weapon in the first place -ed.] Cournet declined to do so, saying that he would stand his adversary’s fire and take his second shot. Barthelemy then levelled his pistol, but … it snapped. He put a fresh cap on and it snapped a second time,† and it was then agreed that he should use Cournet’s pistol, which was loaded and handed to him. Before discharging it, however, he again offered ineffectually to terminate the contest with swords. He then fired, and with fatal precision.

Barthelemy himself and all four of the seconds involved (both Barthelemy’s and Cournet’s) were arraigned in this case, but the jury returned only a manslaughter verdict. Barthelemy served a few months; he would have to exercise fatal precision once again to find a different route to the scaffold.

In his non-duelling life, Barthelemy was a mechanical engineer, and it was in this capacity that a soda-water manufacturer named George Moore employed him to repair his machinery at 73 Warren Street, just off Fitzroy Square.

Late the night of Friday, December 8, Barthelemy showed up with a veiled woman at the place and asked for Moore. Minutes later, the servant-girl saw all three emerge struggling violently together from their private meeting. As she raced to the door to scream for help she saw the Frenchman raise a pistol and fire …

“Murder!”

Her screams started attracting the neighbors as Barthelemy burst past her, but an iron gate in front of the house obstructed him. Before more people could assemble he fled back into the house and locked it shut behind him.

Moore’s neighbor, a former East India Company man named Charles Collard, thought quickly to his own grief. Collard raced around the back side of the house where a garden opened onto another street, and arrived just in time to catch Barthelemy vaulting over the garden wall. Collard pounced on him, and in the ensuing melee Barthelemy shot him, too.

This was all too late for Barthelemy, for the delay had brought an onrushing of neighbors and passersby who quickly subdued the gunman. Somehow — nobody quite knew how — his companion was nowhere to be found. She had vanished from the house leaving only her veil, and as she had surely not escaped by the front gate it was thought that she must have found some way to slip out the back casually amid the commotion and made a nonchalant escape. She was never seen again.

Moore was found quite dead in his home: he’d been shot through the head, and the marks on his body indicated that the fatal wound had been preceded by some whacks with a cane. Collard lingered on many hours in agony — long enough for his captured murderer to be brought before him and Collard to deliver a signed j’accuse identifying Barthelemy as the villain.

Barthelemy must have had a way with jurors because even in convicting him for murder on this occasion, the panel still recommended mercy. There seems to have been some thought that the mysterious dispute in the house might have been a spontaneous affair qualifying as manslaughter, while the murder of Collard might have passed (since Collard grabbed Barthelemy) as self-defense. The crown unsurprisingly did not share this exceptionally generous view of a man who had already been in the dock for homicide in the past and declined to extend mercy.

Barthelemy disdained the religious entreaties of his captors, scandalizing the right-thinking with bon mots like “it is no use to pray to God, as God will not break the rope.” Indeed, He did not.

* It was perhaps fitting that Frenchmen, a people with an abiding enthusiasm for the duel, who transacted this milestone encounter. En garde!

** Per the London Times of Oct. 28, 1852, summarizing evidence presented in court.

† Upon post-duel examination it emerged that Barthelemy’s pistol had failed to discharge because of a bit of linen rag stuck in the breach. This eyebrow-raising fact gave rise to the suspicion of foul play, though on whose part and to what end is less distinct. Both guys ended up with a shot at one another with the exact same pistol. Cournet just missed his.

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1891: James Eubanks

Add comment January 19th, 2014 Meaghan

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

On this date in 1891, middle-aged widower James M. Eubanks was hanged in the yard of the county jail in San Jose, California. He’d killed his oldest daughter, Ada, thirteen months before.

Ada was fifteen years old at the time of her death, and worked as a waitress at a restaurant called Heath House in Los Gatos. Her relationship with her father was troubled and James was often abusive towards her. Once, the girl’s uncle had to intervene when he saw James chasing after Ada brandishing a stick.

James, a father of six, played the part of the beleaguered single parent with an out-of-control child: he said Ada was a habitual runaway, was “running around at night too much,” and that he he had “heard a great many reports that she was of loose character.”

There were hints of something more than typical inter-generational tension and teenage rebellion in the Eubanks family, however. Ada confided to a female relative that her father had committed “improper actions” that caused a great deal of trouble for her, and there were rumors that she had been pregnant by her own father.

Three days before Christmas in 1889, Ada was at work at Heath House and her father was loitering at the saloon next door.

He’d taken a position at the upstairs window, which afforded him a view of the Heath House kitchen, and was sullenly eyeballing his daughter.

Between nine and ten in the morning, James left his surveillance point carrying a double barreled shotgun. He came into the restaurant through the kitchen door and called for Ada.

When she came to the door, he took aim and fired, hitting her in the chest and killing her instantly. James then fired a shot at his own head, but missed.

He calmly walked back into the saloon, ordered a drink of whiskey, consumed it and went back upstairs. There he tried to cut his throat with a razor, but inflicted only a minor wound before the constable came and arrested him.

Admitting to the slaying, the “drunken, worthless wretch” said he’d been angry because Ada refused to turn over her earnings from her job.

At his trial, Eubanks’s lawyer presented a defense of diminished capacity: he admitted he’d fatally shot his daughter, but said that “from the long and excessive use of intoxicating liquors … he was, at the time of the homicide, and for a long time prior thereto, of a weak and enfeebled mind” and therefore incapable of forming the malice aforethought necessary for a first-degree murder conviction.

His attorney argued for a conviction of second-degree murder, or at least a recommendation of mercy.

The jury would have none of it, and James Eubanks didn’t seem to care. “I am a nuisance to the world,” he wrote in a memorandum confessing to the killing, “so I leave it in disgust.”

He found religion on death row, like so many others of his kind, and said he believed God had forgiven him and he would go to Heaven.

According to one newspaper report, the day before James was hanged, 2,000 men, women and children were permitted to traipse through the jailyard to have a look at the gallows. James Eubanks himself traversed it speedily; he died a speedy six minutes after the drop, having delivered himself of the trite last words, “I hope this will be a warning to others.”

Sheriff Giles E. McDougall‘s duty required him to preside over the hanging, and he was sickened by the experience. He lobbied for a change in California law — going so far as to write to every county sheriff in the state to solicit support — so that executions would fall within the confines of the state prison system and would no longer be the responsibility of individual counties. McDougall got his new law within a year.

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1869: William German, surprising Klan lynch victim

2 comments January 13th, 2014 Meaghan

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

On this date in 1869, a man named William German was lynched by the newly formed Ku Klux Klan.

German, a white man, had been hanged for killing a black man, Bill Cullum.

Yes, you read that right.

Bill Cullum was a former slave; William German, a former soldier in the Confederate Army. German was living on a farm he’d rented from a white plantation owner, Alvin Cullum, who had been Bill’s owner.

German was ordered to clear off the land so the ex-slave could live there instead. Furious, German put on KKK robes and, with another man, tracked down Bill Cullum and shot him several times. The dying man was able to crawl to a nearby house and name his attacker before he expired.

The local KKK chapter was outraged. William German had committed his act wearing their garb, but without their authorization and against their rules.

What happened next was recounted in the Memphis Daily Appeal (now called The Commercial Appeal):

The Union and American of Saturday says: “By a private letter from a trustworthy gentleman residing at Cookville in Putnam County, we give some further information in regard to the recent execution near Livingston, in Overton County, by a body of supposed Ku-Klux, of the young man Wm. German, an account of which we published Thursday morning. “He says that a few days before the execution, German shot and badly wounded, and supposed he had killed, a Negro man living in his neighborhood. The shooting took place in a public road, and the Negro managed to crawl to the house of his employer, where he told who had shot him. The Negro had the character of being a quiet, peaceable man, and as there had been no previous trouble between him and German, it was supposed the crime was perpetrated in pure wantonness.

It is thought that the persons by whom German was killed were members of a secret organization, to which he belonged — but whether Ku-Klux or not, nobody in the neighborhood appears to know. The body of men concerned in the execution numbered about 200, and none of them were identified by citizens who witnessed their appearance and departure. Accounts reported Bill German was found hanged in a nearby barn; a sign posted there declared: Hung for shooting a Negro, Bill Cullum, and violating the laws of Ku Klux.”

These days, this story has been used by the KKK as evidence that they are a peaceable organization and not at all racist, honest, pinky-swear.

An aside: executions ran in the German family. William German’s brother, Columbus C. “Lum” German, had also served in the Confederate Army and also met his death at the end of a rope, in 1866.

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1864: Samuel Wright, by contrast

Add comment January 12th, 2014 Headsman

Samuel Wright and George Townley both murdered romantic partners late in 1863. Both were tried, convicted, and condemned to hang in very short order and both the subjects of intense pressure for a crown commutation of sentence.

Only one of those men hanged. It was 150 years ago today.

George Townley

Townley lived near Manchester and was courting a young woman named Bessie Goodwin from Derbyshire. Described as a man from a respectable upper middle class family with “refined manners,” and an intelligent linguist* to boot, Townley was nevertheless a rung or two below Miss Goodwin on the wealth and status ladder.

He was, accordingly, frustrated of his designs when the young lady accepted a clergyman’s proposal and broke off her previous engagement to Townley. Despite being disinvited by ex-fiancee, Townley took a train to her village and pressed his company on her. The two went for a walk that evening, and Townley stabbed her in the throat — a fact which he confessed on the scene to the first person who responded to the commotion and found Miss Goodwin staggering towards her home with a fatal gash in her neck.

In the great tradition of weird stalkers everywhere, Townley then helped the Good Samaritan carry the dying woman home, and kissed her tenderly, all the while bemoaning to arriving gawkers his guilt. “She has deceived me, and the woman who deceives me must die,” he responded chillingly to the inquiries of his would-be father-in-law. “I told her I would kill her. She knew my temper.”

This is all a very bad hand to deal a defense barrister.

Having little to work with, his superstar attorney — remember, the family had money — went with an insanity defense, aided by the lunacy diagnosis of prominent psychiatrist Forbes Winslow.** There was some history of insanity in his family, and everyone seemed agreed on the point that Townley didn’t set out with the intent to commit murder, but impulsively — madly? — took that course as he realized during his interview that he would surely not be putting a ring on that.

The legal standard of the time gave no purchase to this sort of thing. Townley’s judge instructed the jury to find insanity only if he “was under delusions … [and] supposed a state of things to exist which did not exist, and whose diseased mind was in such a condition that he acted upon an imaginary existence of things as if those things were real.” This is the M’Naghten rule, a historically pivotal and also highly restrictive insanity definition dating to 1843.

On December 12, 1863 Townley was sentenced to death for the murder, with the hanging scheduled for the approaching New Year’s Day. According to the London Times report the next week (Dec. 18), the sentence “has not made the slightest alteration in his demeanour. He partakes of his meals heartily, sleeps well, and repeatedly asserts that he was perfectly justified in taking away his victim’s life, and that he feels no remorse for the deed.”

Nevertheless, Townley’s well-off family and friends had enough pull to pry open a previously little-known legal escape hatch.

Upon the judge’s own request, the crown empaneled a committee to adjudicate Townley’s sanity for his mercy petition. But a sloppily written law actually allowed any two doctors plus any two magistrates to issue a formal certification of madness which would compel the prisoner’s removal to the asylum. Townley’s own solicitor simply assembled himself a quartet so minded and presented their finding to the Home Secretary, forcing his hand — to a great deal of public outrage once the obscure mechanism became known.

“Good friends and abundant means may give a convicted criminal unexpected advantages over an ordinary offender,” the Times complained in an editorial. (Jan. 27, 1864) Plus ça change.

Samuel Wright

Samuel Wright was not a man of means or linguistic gifts, but a bricklayer who lived in a Waterloo Road public house in Surrey, on London’s southern outskirts.

On December 13, 1863, he slashed the throat of his live-in lover Maria Green after they’d both been on a drinking bout. On December 16, mere three days later, Wright voluntarily pleaded guilty and received a death sentence.

A hue and cry for Wright’s sentence to be abated soon arose among London’s working classes, especially in the wake of Townley’s commutation. Wright had a good reputation, while Green was known for her violent temper. Wright intimated that she had menaced him with a knife during a quarrel.

Was this not a case like George Townley’s, only more so?

The contrast in the fates between the two murderers did not flatter. The crimes were analogous even to the mode of slaying.† If anything, the rich man’s suggested a more egregious context: Townley’s victim appeared more sympathetic, and Townley had gone out of his way to track her down in order to kill. Why was Townley’s heat of passion “insanity” but Wright’s was motive and deliberation?

The Home Secretary offered his sympathy but not his mercy. After all, Wright himself agreed that he intentionally killed Green. “To commute the sentence on the grounds on which it has been pressed would, in fact, be to lay down a rule of law as to the distinction between murder and manslaughter contrary to that which is well established,” wrote a Home Office spokesman on Jan. 7 in response to three separate petitions submitted on Wright’s behalf. Maybe they thought the same thing about Townley … but that decision was out of their hands.

In one of the period’s characteristic hanging broadsides, the balladeer has Wright lament,

Friends, for me have persevered,
To save me from the gallows high;
Alas! for me there is no mercy,
Every boon they did deny,
While others who was tried for murder,
And doomed to die upon a tree,
Through friends and money has been pardon’d
who deserved to die as well as me.

But, oh! my friends, you must acknowledge
what I say has oft been said before.
Some laws are made to suit two classes,
One for the rich, one for the poor;
So it is with me and Townley,
A reprieve they quickly granted he,
He was rich, and I was poor, –
And I must face the fatal tree.

The mood of the populace for the hanging at Horsemonger Gaol this date in 1864‡ was decidedly ugly. On the night of the 11th, when it became clear that the many last-ditch bids for commutation — directed not only at the Home Secretary but even to Queen Victoria and even to the Prince of Wales appealing for a boon on the occasion of his first son‘s January 8 birth§ — a handbill circulated in the prison’s neighborhood entreating its denizens to protest the execution by shuttering all windows. “Let Calcraft and Co. do their work this time with none but the eye of Heaven to look upon their crime.”

Indeed this summons was widely obeyed.

A small crowd only turned out for the occasion, and shouted their disgust for the proceedings: “Shame!” and “Judicial murder!” and “Where’s Townley?” Even many months later, at the controversial August 10 hanging of Richard Thomas Parker, the crowd chanted Townley’s name, now the emblem of the unequal justice of the law.

One diarist’s entry for the day recalled that “[t]he blinds were down in all the neighbouring streets and the military were called out in case of an attempted rescue. When the unfortunate man appeared on the scaffold, loud cries of ‘Take him, take him down’ were heard in every direction, to which the unhappy man responded by repeated bows to the multitude, he still continued bowing and was actually bowing when the drop fell.”

Postscript

The language of the law that permitted Townley his backdoor commutation was revised by Parliament within weeks.

As to Townley himself, another panel appointed by the Home Office found him fully cogent, which meant that officially, he had become insane after his death sentence and the insanity abated thereafter. While this finding theoretically reinstated the death penalty, actually hanging him after these circumstances was thought to be inhumane, and he was reprieved. One supposes there must have been some thought for the potential disturbance Townley’s hanging would have occasioned.

On February 12, 1865 — a year and change after escaping the noose that claimed Samuel Wright — George Townley hurled himself headlong off a high staircase onto a stone floor in Pentonville Prison, where he had been transferred as an ordinary inmate. He died on the spot.

* Of course, he could never hope to match the linguistic’s fields most famous English murderer.

** You might recognize this distinctive name from our Winslow’s son, L. Forbes Winslow, a figure in the Jack the Ripper investigation.

† An additional unflatterering comparison point to Derbyshire contemporaries: a proletarian named Richard Thorley had been hanged in Derby in 1862 for a very similar crime: he slashed his girlfriend’s throat when she tried to break up with him.

‡ Among the very last public hangings at Horsemonger Gaol. All UK hangings were conducted behind prison walls by 1868.

§ This infant, Prince Albert Victor, is the royal eventually identified with Jack the Ripper by a particularly inventive hypothesis.

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1898: Doc Tanner, Copper River gold rusher

Add comment January 3rd, 2014 Headsman

On this date in 1898, an ornery gold prospector became the victim of an Alaskan miner’s court … and a great gold rush scam.

This is a tragic sidelight of the great Klondike gold rush, a mania set off in summer of 1898.

As legions of America’s many unemployed set out in hopes of striking it rich in the frigid north, interest in the vast and underexplored interior of next-door Alaska naturally followed. After all, there had been gold finds in Alaska before.

The putative reasons justifying the spread of the Klondike fever to Copper River were some combination of these:

  • That the Copper River promised a shortcut into the Klondike easier than the route over Canadian soil;

  • That the Copper River itself had gold — and that it could be prospected under less extreme climate, and exempt from 20 percent royalties that Canada imposed on Klondike gold

Passenger steamers, whose operators were later suspected of flogging interest in this route as the “All-American trail,” brought several thousand bonanza-seekers from west coast cities to the tent-city port of Valdez, Alaska. From there, miners could tromp over a treacherous mountain-and-glacier path to the unspeakable riches of the Copper River.

“It was one of the greatest hoaxes in Alaska’s history,” write Jim and Nancy Lethcoe. “The prospectors arrived to find a glacier trail twice as long and steep as reported.”

An estimated two hundred people died, slipping off glaciers or frozen to death on the mountain or, as we’ll see, by acts of violence. By the summer of 1898, there was another rush — 3,000 or so busted prospectors pouring out of Copper River country back for Valdez. The U.S. government had to show up with provisions to avert mass starvation.

“Last winter papers of the country contained stories of the fabulous riches of the Copper river country, Alaska, the accessibility of the gold-laden land, cheapness of transportation, and in other ways lauded to the skies the country in which one had but to scrape the earth to secure a fortune,” ran a bitter report in the Aug. 27, 1898 Jackson (Mich.) Daily Citizen. The occasion was the empty-handed return of one of that city’s native sons, A.A. Jankowsky, from the Alaskan interior. “These stories, published in good faith, no doubt, had the effect of arousing in the minds of the more adventurous a desire to search for gold in the far-away land. Last spring there was a perfect exodus to the Copper river.”

Boston Journal, Jan. 7, 1898

Baltimore Sun, Sept. 6, 1898

Jankowsky, like many others, survived the treacherous journey into the interior only to find the Copper River region entirely destitute of gold. After supporting himself for a bit running a canteen, he joined a veritable stampede of thousands of duped prospectors fleeing back from the interior to Valdez. By his telling to the Citizen, “All along the trail were seen immense stores of provisions, representing in many instances, the savings of many years of prospectors, which were abandoned. Some of these contained cards marked, ‘Boys, help yourselves, I’ve gone home!’ Some of the men in their eagerness to get out had left their tents standing, containing clothing, bedding, stoves, firearms and everything else.”

Our date’s principal, Doc Tanner, at least had the comfort of never experiencing this disappointment ubiquitous to his fellow-adventurers.

The Kentucky native joined a party bound for Copper River that sailed from Seattle on November 20. Each had “grub-staked” $250 up-front with the understanding that they would be discharged from their ship with six months’ provisions … but when they were let out, they received only three months’ worth.

Oddly, Tanner seems to have been the only one incensed by this. When the leaders of the expedition refused to provide him an itemized account, Tanner turned into the cantankerous black sheep of the party as they drug their undersized packs over the dangerous Valdez glacier.

Matters came to such a pass that as dark fell on January 2, several of the other prospectors met in a tent to discuss turning Tanner out of the party full stop. Overhearing them, the enraged Tanner burst into the tent with the cool action hero words, “I’m here for business now,” then started firing. He killed two of the men; a third only owed his life to a lamp’s timely extinguishing during the affray. (1898 newspaper reporting also indicated that the tragedy redoubled for one of the victims, William Call: his wife upon hearing news of the murder fell into madness and was committed to an asylum, and lost the family’s indebted farm.)

Tanner immediately gave himself up to other miners of the camp and at dawn the next day faced an extra-legal drumhead tribunal that judged him guilty of murder and promptly hanged him.

As for Valdez, more orderly development of the trail from that port into the Alaskan interior ensued. Though cold comfort to men shot in their tents, hanged by miners, or fallen into glacial crevasses, that route eventually became part of the present-day Richardson Highway, and the Trans-Alaska Pipeline.

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1854: Uhazy, amid Minnesotan depravity

Add comment December 29th, 2013 Headsman

On this date in 1854, a Dakota Indian named Uhazy was publicly hanged in a scene of “Total Depravity” at St. Paul, Minnesota — the first execution in the Minnesota Territory.

Uhazy (many other transliterations are possible) was convicted of the 1852 murder of a German woman near Shakopee. He then enjoyed the hospitality of St. Paul’s jail for two solid years while his appeals played out.

Even when juridical remedies proved unavailing, there was at least some public sentiment for his reprieve.

A large number of ladies (including the wife of the previous governor) applied to territorial Gov. William Gorman for clemency. Gorman refused it.

Besides, if he granted such a petition, Gorman replied, “others of his savage tribe might be tempted to hope for a like release, and commit a like offence; and the danger of such results would be far greater from Indians than from civilized man.”

“Civilized man’s” tense relationship with the “savage tribe” would in a few years spark a brief war and (in Mankato, Minn.) the largest mass execution in U.S. history.

Civilization had a different challenge on this occasion: the ribald street scenes that often accompanied public hangings.

St. Paul’s own Daily Minnesota Pioneer (Dec. 30, 1854) were far too genteel to report from the scene, a fact which of itself suggests the intelligentsia’s growing moral disgust for witnessing people witnessing executions.

As we had no inclination to witness the tragedy, we are unable to give the lovers of the dreadful a detail of the poor fellow’s suffering; but understand he met his fate with all that stoicism for which his race is noted.

Others were not so retiring. The scene they reported does not flatter; the mob was so large and unruly that when the sheriff set about erecting a scaffold that morning in a downtown square, he was obliged by Gov. Gorman to relocate it to St. Anthony Hill for public safety. (See this book.) Uhazy didn’t hang until 3 o’clock in the afternoon.

“Liquor was openly passed through the crowd, and the last moments of the poor Indian were disturbed by bacchanalian yells and cries,” one paper editorialized. “Remarks too heartless and depraved, in regard to the deceased, to come from men, were freely bandied. A half-drunken father could be seen holding in his arms a child eager to see well; giddy and senseless girls chatted with their attendants, and old women were seen vying with drunken ruffians for a place near the gallows.”

Capital punishment in general and the public spectacle of execution specifically long troubled the Minnesotan conscience. The Espy file credits Minnesota with just 28 executions in addition to that aforementioned Mankato mass-hanging; in 1889, the state moved all its exections behind prison walls and away from drunken ruffians. It hasn’t executed anybody at any venue since 1906.

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1893: Frederick Wyndham, unrepentant patricide

Add comment December 21st, 2013 Headsman

On this date in 1893, Frederick Wyndham, aged 45, was hanged at Gloucester Gaol for the shotgun murder of his own father near Stroud.


From Illustrated Police News, via.

This murder discharged a vast accumulation of Oedipal wrath in the Wyndham family.

The eventual victim, 73-year-old widower farmer James Wyndham, had taken up with his housekeeper, a woman by the provocative and wholly unmerited name of Virtue.

She was, James retorted to his son’s protests, the “biggest whore” he could lay hands on.

Meanwhile, Frederick’s unmarried sisters had been turned out of the house. Following a dispute over money, Old Man Wyndham actually tried to run one of them down with his horse and cart.

On October 19, 1893, it all came to a head. Frederick, drunk on rum and cider, took some friends in a hunting party to James’s land and ran into dad. The two fell into a furious row over Virtue, the sister, and who knows how many pent-up grievances when Frederick finally whipped out his shotgun and blasted his father through the neck and heart.

Then the parricide went straight back to his sister to inform her what he had done and make some arrangements for the disposal of affairs, and marched himself off to the police to turn himself in.

“I have only done my duty,” he told the lawmen. “I solemnly declare I shot him. I put two barrels into him. I hope he is dead. I can die happy.” (London Times, Oct. 21, 1893) By the time his trial came around he’d thought of something else that would make his life complete, belligerently interrupting the testimony of his late father’s lover with sundry threatening vituperations.

His last sentiment on the scaffold, after shaking hands with his executioner,* was the regret that he had not killed “that whore” Virtue, too. (Times, Dec. 22)

* According to the Times (Oct. 21), Frederick Wyndham himself once applied for the hangman’s job.

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1806: Hepburn Graham, HMS St. George rapist

1 comment December 20th, 2013 Headsman

Hepburn Graham, masters’ mate aboard the HMS St. George, was tried by Admiralty court-martial in early December on a charge of sodomy forwarded by the ship’s captain, Thomas Bertie.

We excerpt from the trial record via Gay Warriors: A Documentary History from the Ancient World to the Present:

George Parr, a boy of fourteen years of age belonging to His Majesty’s ship, St. George, called in and sworn:

Capain Bertie asked:

Q. Do you know the prisoner?

A. Yes

Q. Relate to the court what the prisoner was guilty of with you on the twenty-first of November last, the day after the St. George arrived in Torbay, and also n the twenty-seventh of November last.

A. On the twenty-first of November last, Mr. Graham took me into his hammock. He got me on a stool and got hold of me, telling me I must be a good boy. He got hold of my hair, and pulled me into his hammock in his berth on the starboard side, forward on the lower gun deck. It was between eight and nine o’clock in the evening of the first watch. He told me to put down my trousers, and he put them down himself. He pulled his yard out, and put it into my backside. He kept doing backwards and forwards, and made my arse wet. I was laying on my side in his hammock when he committed the act, and immediately afterwards he said you may go to your hammock now, and told me I must not tell any one, and if I did he would get me flogged …

On the twenty-seventh of November at night, between eight and nine o’clock in the [illegible] watch, I was in his berth attending him as his servant. He told me I must be a good boy. He would make me a good boy. He got hold of me and pulled me into his hammock. I did not want to get into it and he kept hitting me on the head while I was in the hammock. I wanted to get out, and he kept hitting me and asked me to stay in and said if I did not, he would get me flogged, he would get me three dozen [lashes]. He had made me unbutton the buttons before, and he them pulled down my trousers and pulled out his yard and put it into my backside. It went into my backside. He kept moving backwards and forwards, and made my backside wet. He then told me to go to my hammock and get up in good time in the morning and I went away. On the following morning early, I was again in his berth. It was before breakfast, before the hammocks were up. He pulled a hole in my trousers behind with his fingers and told me he would get them mended. He then pulled his yard out, and put it through the hole of my trousers to my backside, but did not enter it, but kept moving backwards and forwards and made my arse wet.

Q. Did he ever make any more attempts than what you have related?

A. Yes, he has attempted it five times in all, but only entered me twice.

A second boy on the same ship gave similar testimony.

John Sky, a boy about fifteen years of age, belonging to the St. George, called in and sworn.

Captain Bertie asked:

Q. Relate to the court what the prisoner was guilty of with you on the twenty-ninth of November, last.

A. On the twenty-ninth of November last I was down between decks talking to one of the boys whose name is Taylor. Mr. Graham, the prisoner came to me and [illegible] me he wanted me in his berth. I went in and he told me he would give me a bed. He then took me round the deck and set me down on a stool [illegible] of him. He began kissing me and told me he must feel my cock. I told him to leave it alone. If he did not, I would sing out. He was at this time going to unbutton the flap of my trousers. Mr. Miller, a midshipman, came in and he asked Mr. Miller to take down a great coat that [illegible] on the gun to give him more light. He said it gave him light. Whilst Mr. Miller was taking down the coat, he took me by the arm and hoved me out of the berth. I told the boy, George Parr, if he did not complain, I would. He then said that he would complain, and I told him to mention my name. He did complain to the first lieutenant, and mentioned my name. I told Mr. Graham that I could not stand it, and would complain. About a fortnight before, Mr. Graham [illegible] me in his berth and had my trousers down and pulled out his private parts. He tried to get these into my backside, but could [illegible], but got them between my thighs. Before he had had his turn, someone came in and disturbed him. I told him I would go out of the berth, and he put me out of the berth. He never succeeded with me in what he wanted to do.

George Parr’s rape claim was vouched by the ship’s surgeon.

Mr. Hugh Hughes, surgeon of the St. George, called in and sworn:

Captain Bertie asked:

Q. On the twenty-ninth of November was the boy, George Parr, sent to you to undergo a certain examination?

A. Yes.

Request: Relate to the court the result of your examination.

A. About seven o’clock in the evening of the twenty-ninth of November I was sent for by Lieutenant Caulfield on the quarter deck, and when I appeared, he said that Captain Bertie desired that I should examine the two boys, Parr and Sky. I immediately took them down to the sick bay accompanied by my two assistants, and there examined them immediately and found the anus of George Parr inflamed and not excoriated at all. I also examined Sky, and found no appearance of inflamation in the anus, as in the former boy. In order to corroborate what I have now stated I requested both my assistants to examine them also and begged that they would give me their opinion, and it corresponded with my own.

The court asked:

Q. Did you ask the boy, Parr, what had occasioned this appearance in his anus?

A. I did. He answered that two nights before, the twenty-seventh, that Mr. Graham had connection with him and gave him an infinite deal of pain. I asked him whether the anus was very painful at the time he was examining. He said, no, not very painful just then.

Q. Was it your opinion that the apperance was occasioned by the insertion of an instrument similar to a man’s yard?

A. I could not ascertain that.

Q. Would such an insertion cause a similar appearance in your opinion?

A. I think it would.

Q. As a professional man, do you think that the crime of which the prisoner stands charged could be committed upon a boy so young as George Parr.

A. Yes, I do.

Q From your knowledge of instruments could you imagine that the crime could be committed with a passive obedience on the part of that boy?

A. I do think he must have been placed in a particular position and he must have been a passive instrument.

One of the surgeon’s assistants testified to like effect. At this point, the Graham gave a scanty defense, merely describing his service since 1793 without addressing the charges against him.

The court was cleared and agreed that the charge had been proved against the said Hepburn Graham, and did adjudge him to suffer death by being hanged by the neck onboard such ship of His Majesty and at such time as the commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, etc. or any three of them for the time being should direct.

The court was again opened, the prisoner brought, [illegible] audience admitted, and sentence passed accordingly.

Greentham
Deputy Judge Advocate of the Fleet

Just a few weeks before he’d been wetting the arse of boys on the St. George. Now, only King George III stood between Graham and the noose.

Admiralty, 16 Dec 1806.

Mr. Grenville has the honour to lay before your Majesty the minutes and sentence of a court martial held on Mr Hepburn Graham, master’s mate on board the St George for an unnatural crime.

Mr. Grenville humbly submits to your Majesty that the sentence of the court martial may be put into immediate execution.

This petition was transmitted simultaneously with a like appeal from a seaman condemned for a Caribbean mutiny. Mr. Grenville endorsed a pardon in that case; King George endorsed both recommendations.

The King’s reply, Windsor Castle, 17 Dec.

The King upon consideration of what is stated in Mr Grenville’s letter in regard to the case of Naiad Sware, consents to remit the sentence of death pronounced by the court martial. Under the circumstances which attend the crime of which Mr Hepburn Graham has been found guilty, his Majesty is under the painful necessity of directing that the sentence of death may be carried into immediate execution.

Accordingly, that same day the Admiralty issued a warrant to hang Hepburn Graham on the upcoming Saturday, December 20.

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