Posts filed under 'England'

1759: William Andrew Horne, long-ago incest

Add comment November 30th, 2016 Headsman

On this date in 1759,* a man hanged at Nottingham for destroying the bastard infant of an incestuous affair … and for his belligerence decades afterwards.

William Andrew Horne, a sybaritic and well-off “bumpkin squire” in the estimation of the Newgate Calendar, had his way with the Nottingham ladies in the early 18th century including two servants of his mother’s and a local farmer’s daughter who we are informed thereafter “died in consequence of her grief.”

Even kin were not immune to the charms of such a ladykiller, and Horne had an affair with his sister that produced a child born in February 1724. Days later, Horne and his brother Charles took the tot out for a midnight ride and abandoned it in a haystack at a country estate. Many years later, Horne would claim that he intended the child be rescued there as a foundling; what actually occurred was that the boy died of exposure from being abandoned in the middle of a winter’s night.

Neither Horne nor Hornier breathed word of the affair thereafter but it seems that the other Horne — that brother Charles — was shocked enough to tell some others, like his father. Practical-minded dad ordered Charles to keep his big mouth shut, as did a local magistrate Charles blabbed to years later — who “said I had better be quiet, as it was of long Standing, and might hang half the Family.” (That’s via this 18th century pamphlet on the case.) But his conscience and an obvious sibling resentment** vis-a-vis brother Bill needled Charles. Over time, the reluctant accomplice revealed the secret rather promiscuously to folks including “John Kessell … Mr. Cook, of Derby … one Septimus Riley, a Tenant of my Brother’s … Mr. John Cooper, of Ripley, as I came back from Derby” and finally, when he feared he might be on his deathbed, to “Mr. John White, of Ripley.”

Though most of these were at a loss to urge action about Charles, all this whispering to the reeds successfully put the rumor abroad — and at long last the story returned to William’s ears, and neck.

In 1758, 34 years and who knows how many brokenhearted lovers after his midnight ride with the family’s shame, William Horne as a crotchety codger of 72 fell into a barroom row over game-hunting with a fellow by the name of Samuel Roe. Roe called Horne “an incestuous old dog,” and the combative Horne retaliated against this public calumniation by taking Roe to court and winning a judgment against him even though Roe’s description was precisely correct.

Roe in his fury tracked the infanticide rumor back to Charles and finally persuaded the vacillator to swear out a warrant. He wasn’t one to let a sleeping incestuous old dog lie.

* The date is frustrating here because I have not been able to locate an original news or trial document that definitively establishes a November 30 execution. I’m going ultimately with the date on the thorough and highly reliable Capital Punishment UK site; the careful reader will have noticed that this post cites a primary document which contradicts it: A genuine account of the life and trial of William Andrew Horne, of Butterly-Hall, in the County of Derby; who was convicted at Nottingham Assizes, August 10, 1759, for the murder of a child in the year 1724, and executed there on the 11th of December, 1759 … (This is also the date that the Newgate Calendar adheres to.)

Two things: first, this account situates the trial on Saturday, August 10 — but August 10 was not a Saturday in 1759. We have credibility issues right out of the gate.

Second, it is noted both in this document and elsewhere that our man got the name William Andrew in honor of his birth on the Feast of St. Andrew, which is Nov. 30. The prisoner “mentioned several Times” that he was to be hanged on his birthday.

This hanging occurred just seven years after England finally switched to the Gregorian calendar, entailing at the time a leap eleven days forward. As one side effect, this leap also created a stratum of “old” feast days that also shifted eleven days to maintain a 365-day distance from their former occasion. The case for December 11 would entail supposing that Horne from 1752 began treating December 11 as his actual birthdate, the “old St. Andrew’s Day”. Did Horne in fact do this? The documents I have seen are far less interested than some guy with an almanac blog would like them to be.

Someone with access to an 18th century database of Nottingham newspapers could probably clear this right up.

** As the oldest son, William inherited all the real estate: that is part of Charles’s pique. Another part is that William was “universally feared and hated” in the words of Edmund Burke’s Annual Register, acted the asshole towards everybody including Charles, and even “though he knew [Charles] was master of such an important secret, would not give the least assistance to him, nor a morsel of bread to his hungry children begging at their uncle’s door.” (William called several witnesses who testified that Charles often complained about his miserly sibling and publicly mused about swearing William’s life away.) It’s a wonder it took Charles so long to find someone to give him the thumbs-up on turning Judas against this lout.

Part of the Themed Set: Sexual Deviance.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Murder,Sex

1798: Dennis Nugent, for child rape

Add comment November 28th, 2016 Headsman

Dennis Nugent was hanged on this date in 1798 for raping an eight-year-old girl — a crime whose particulars were so revolting that “The Court ordered that the evidence upon this trial should not be published.”


Bell’s Weekly Messenger, Sept. 23, 1798

Nugent denied committing the crime all the way to the end.

Part of the Themed Set: Sexual Deviance.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,England,Execution,Hanged,Public Executions,Racial and Ethnic Minorities,Rape,Sex

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1944: Victor Gough, of Operation Jedburgh

Add comment November 25th, 2016 Headsman

On this date in 1944, British Capt. Victor Gough was shot at Ehrlich Forest as a German POW.

Gough had been parachuted into occupied France a few months before as part of Operation Jedburgh — a campaign to grow internal anti-German resistance to complement the Allied push via Normandy.*

Unfortunately as Colin Burbidge details in Preserving the Flame, Gough’s destignated stomping-grounds — the Vosges Mountains on the eastern borderlands — had some of France’s most pro-German populace. (Burbidge is Gough’s nephew.)

His complications were exacerbated when his wireless operator was injured — and the wireless set wrecked — in the parachute jump. The British wireless man was soon captured and their third, a French officer, killed in a gunfight, leaving Gough on his own. “Great difficulty working alone,” he managed to report to SOE headquarters. He was finally captured in October of that year, tortured by the Gestapo, and eventually shipped to the labor camp at Gaggenau.

In accordance with Hitler’s anti-saboteur Commando Order Gough was shot at a nearby forest in a gaggle of 14 POWs — six British special forces, four American airmen, and four French civilians. Their fate was discovered in part thanks to a German fellow-prisoner, a former officer in the Wehrmacht who had been sent to the camps for refusing orders to issue his men sawed-off shotguns, a weapon prohibited by the Hague Convention, who escaped shortly before the executions using a British map that Gough gifted him. That Captain Werner Helfen survived the war and gave evidence to a British war crimes investigation.

Many years later, Helfen gave something else too: according to Burbidge, his mother — Gough’s sister — in 1991 received a package from Germany containing a photo of Werner Helfen by Victor Gough’s grave, and the escape map that Gough had given to Helfen.

* Future CIA director William Colby was a notable Jedburgh alumnus.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,England,Execution,France,Germany,History,Shot,Soldiers,Torture,Wartime Executions

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1887: Joseph Morley

Add comment November 21st, 2016 Meaghan

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

On this day in 1887, a teenager named Joseph Morley was hanged for the brutal murder of his 24-year-old landlady, Martha Bodger. He had been only seventeen at the time of the crime.

Morley, a journeyman blacksmith, lived with a married couple, Martha Bodger and James Mears Bodger, along the Romford Road in Essex. James worked as a gardener at nearby ominous Hainault Lodge.


The Overlook Hotel-esque lodge is no longer extant and its former site has been turned into a nature preserve.

Joseph had been living with them since early in 1887 and had caused no trouble in the household.

James last saw his wife alive on October 11, 1887. He rose at 4:00 a.m. and, at 5:40 a.m., took a cup of tea to his wife. He set off for work at 5:45, reminding Joseph to make sure and shut the front door on his way out.

Just a few minutes later, the neighbors heard screams coming from from the direction of Martha’s bedroom.

The noise was cut off abruptly, and did not resume. One of the witnesses, next-door neighbor Thomas Briant, tried the Bodgers’ front door, but it was locked and no one answered. Briant’s niece, who was present, said she heard the sound of a man’s heavy footsteps coming from the kitchen. Briant also worked at Hainault Lodge and, uncomfortable with the situation, he decided to go there and tell James what had happened, just to be on the safe side.

While Briant was hurrying to the lodge, his niece stayed inside and heard someone leaving through the Bodgers’ front door. She looked out and saw Joseph Morley walking away from the house at an unhurried pace, evidently en route to his job at a blacksmith’s shop 200 yards away.

When Thomas Briant told James Bodger about the noises, the worried husband and father rushed home to see what had happened. The sight that greeted him in the bedroom was something from a horror movie. As Linda Rhodes and Kathryn Abnett describe in their book, Foul Deeds and Suspicious Deaths in Barking, Dagenham and Chadwell Heath:

Martha was lying on her back across the center of the bed. Her nightdress was pulled up towards her waist, leaving her lower body exposed. Her legs hung over the side of the bed facing the door, the feet not quite touching the ground. There was blood everywhere — across her throat, on the floor, and across the walls. The blanket, counterpane and sheet lay on the floor, and were also saturated with blood.

Next to Martha’s body lay the couple’s six-month-old baby, Amy Elizabeth. Little Amy was covered in blood but unharmed, and giggled when she saw her father. The murder weapon, James Bodger’s razor, was under the bed. The killer had wielded it with such force that the blade had snapped off the handle.

Martha was beyond help; she was already dead by the time her husband found her. The doctor counted four long, deep cuts across her throat as well as a gash on her face and defensive wounds on her left hand. She had also suffered a blow to the side of the head. There was no evidence of sexual assault, in spite of the position of her clothes. Her purse was by the bed with no money missing.

James had no doubt who must have killed his wife, and went storming off to Joseph Morley’s place of work. Morley flatly denied having had anything to do with the matter, but his boss noticed some small spots of blood on his coat.

Closer scrutiny revealed additional stains on his coat and pants, as well as on his shirt, which had been turned inside out. Morley claimed the blood was from a cut he’d gotten when he fell off his bicycle the night before, and produced deep cuts on both hands that he said were from yesterday’s accident. But the same doctor who had examined Martha’s body had a look at Joseph’s hands and said the cuts were very recent, an hour or two old at the most.

He was placed under arrest for murder. Morley, with a “dreamy unconcerned manner,” followed the police constable to the station.

At his trial in early November, Morley’s attorney argued the case against him was only circumstantial. Forensics of the 1880s could not have identified the source of the bloodstains on his clothes, or even proven they were human. Nevertheless, he was convicted, and shortly afterwards he confessed his guilt.

Deploying the timeless “blame the media” gambit, Morley claimed he had had lately been obsessed with reading about murders and other crimes in the news, particularly a case in Suffolk where a vicar had been murdered with a razor in his own bed. He said he had yielded to an irresistible impulse to kill Martha and he deeply regretted his actions. He denied any sexual motive for the crime.

He was hanged by executioner James Berry, who told reporters that Morley was the youngest person he’d had to hang so far in his career. After a good night’s sleep, Morley enjoyed a breakfast of fish, bread and butter before mounting the scaffold. He died quickly and easily, and a reporter who viewed his corpse afterwards said it looked as if he had passed away peacefully in bed.

James Bodger remarried two and a half years after his first wife’s murder, and his second marriage produced a son. Unfortunately, Bodger’s life would be a short one: he died of influenza in 1894, aged only 33.

Amy Elizabeth was brought up by her aunt and uncle. She stayed in the local area, married in 1912 and lived a long life, dying at age 90.

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

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1781: Margaret Tinkler, abortionist

Add comment November 20th, 2016 Headsman


British Evening Post, Nov. 27-29, 1781

On this date in 1781, midwife Margaret Tinkler hanged at Durham.

Tinkler had care of Jane Parkinson who wished to rid her belly of a pregnancy. The reader might well guess that procuring an abortion in 18th century England was a frightful procedure; in Parkinson’s case it took her life thanks to (as the court found) Tinkler’s “thrusting and inserting 2 pieces of wood into & against the private parts & womb of the said Jane giving the said Jane diverse mortal wounds punctures and bruises of which she languished from 1st to 23rd July & then died.” (Source) All that “languishing” gave the dying Parkinson time to accuse Tinkler; the midwife’s insistence that she had merely counseled her patient how to contrive an abortion rather than performing that abortion fell on deaf ears. (Tinkler maintained that story to her last confession.)

As a murderer, Tinkler was posthumously anatomized. The surgeons discovered “two long black double wire pins, as used at that time in women’s hair … in her belly, which it was supposed she had swallowed to destroy her life.”

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Entry Filed under: 18th Century,Abortion and Infanticide,Capital Punishment,Crime,Death Penalty,Doctors,England,Execution,Hanged,History,Murder,Public Executions,Women

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1441: Roger Bolingbroke, “hanged, hedyd, and quartered”

Add comment November 18th, 2016 Headsman

On this date in 1441, the astrologer and mathematician Robert Bolingbroke was put to death as a wizard.

Bolingbroke had the ill luck to attach to the household of the Duchess of Gloucester at a juncture where it was politically convenient to destroy her; we have previously examined this affair through the person of Margery Jourdemayne, the Witch of Eye who with Roger Bolingbroke and a third man, Thomas Southwell, produced a horoscope for the Duchess prophesying King Henry VI‘s imminent demise — which was a bit on the nose for the king when he found out about it since at that moment the Duke of Gloucester would have stood to succeed him as king.

This exercise was nothing but an occult diversion, the medieval aristocracy’s equivalent of the Ouija board, but in the hands of enemies it became a treasonable plot for regicide. It forced the Duchess’s fall, divorce, and perpetual imprisonment — but what it forced for the commoners who scried the stars on her behalf was considerably worse. In the words of the Chronicle of London, Roger Bolingbroke

was taken for werchynge of sorcery ayens the king, and he was put into the Tour; and after, he was brought into Poules, and there he std up on high on a scaffold ageyn Poulys crosse on a Sonday, and there he was arraied like as he schulde never the in his garnementys, and there was honged rounde aboughte hym alle his intrumentis whiche were taken with hym, and so shewyd among all the peple; and after he was broughte to-fore the lordys, and there he was examyned; and after broughte to the Yeldehalle, and there he was regned aforen the lordes of the kynges counseill and to-fore alle the juges of this land; and anon after, the lady of Gloucestre afornseid was mad to apere thre sondry dayes afore the kyng and alle his lordes spirituell and temperell; and there she was examyned of diverses poyntes of wicchecraft, of the whiche she knowleched that she hadde used thorugh the counseil of the wicche of Eye, the whiche was brent on the even of Symond and Jude in Smythefeld.

In this yere my lady of Gloucestre hadde confessyd here wichecraft, as it is afornseid, she was yoyned be alle the spiritualte assent to penaunce, to comen to London fro Westminster on the Monday next suynge and londe at the Temple brigge out of here barge, and there openly barehede with a keverchef on hir hede, beryng a taper of wax of ii lb. in here hond, and went so thorugh Fletstrete on here foot and hoodless unto Poules, and there she offred up here taper at the high auter; and on the Wednesday nest suenge she com fro Westminster be barge, unto the Swan in Tempse strete, and there she londyd, and wente forthe on here feet thorugh Brigge strete, Graschirche strete, to the Ledenhalle, and so on Crichirche in the wyse aforensyd; and n Fryday she londed at Quen hithe, and so forth she wente into Chepe, and so to Seynt Mighell in Cornhull, in the forme aforenseid; and at iche of the tymes the mair with the schirreves and the craftes of London were redy at the places there she sholde londe:* and after, Roger the clerk aforenseyd, on the Satirday, that is to sey the xviii day of Novembre, was brought to the Yeldehalle, with sire John Hom prest, and William Wodham squyer, the whiche sir John and William hadden there chartres at that tyme; and the clerk was dampned, and the same day was drawe fro the Tour of London to Tiborn, and there hanged, hedyd, and quartered, and the heed sett upn Londn bregge; and his oo quarter at Hereford, another at Oxenford, another at York, and the fourthe at Cambregge; and the lady put in prison, and after sent to Chestre, there to byde whill she lyvyth.

* For present-day readers, this humiliating public penitential procession reminds of Cersei’s walk of atonement on Game of Thrones; however, the actual inspiration for this scene was the affair of a later 15th century Englishwoman, Jane Shore.

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Entry Filed under: 15th Century,Capital Punishment,Death Penalty,England,Execution,Gibbeted,Hanged,History,Intellectuals,Power,Public Executions

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1747: Thomas Fuller, Hawkhurst Gang smuggler

Add comment November 16th, 2016 Headsman

On this date in 1747, a Tyburn hanging dispatched (along with three other, unconnected criminals) Thomas Fuller, member of one of 18th century England’s most notorious gangs.

Named for their home village, the Hawkhurst Gang dominated the trade in contraband in England’s south from Doset to Kent in the 1730s and 1740s, with the arms and ill-temper to trade blow for blow with crown agents who rightly learned to fear the syndicate. In the process that gang contributed several members to Blighty’s gibbets for various deeds of spectacular violence — gentlemen whom this site will revisit in future posts.

Our Mr. Fuller, however, was by the evidence laid at his trial a mere grunt, and his prosecution targeted the gang’s more routine forms of outlawry.

Despite the smuggler’s romantic knight-errant literary profile — Rhett Butler, Han Solo — it was for 18th century England a vast economic sector organized on a nearly industrial scale. Excise duties imposed on in-demand imports, notably tea but also spirits, tobacco, sugar, and other indulgences, made these articles so profitable to move illegally that it’s a fair bet that they were predominantly consumed as contraband. We have seen in these pages, from a post laid 30 years to the future, that tea smuggling was so commonplace that respectable country parsons made no pretense about securing their refreshments on the black market.

It was enterprises like the Hawkhurst Gang that delivered the leaf to its market.

Exploiting the long coastline, from which skiffs could scuttle to rendezvous with channel shipping, the gang built a storage infrastructure, supply chains, distribution networks. We have a taste of how this worked from the words of the attorney general at Fuller’s trial:

About the Beginning of August last the Prisoner at the Bar, with a great Number of other Persons, all of them on Horseback, arm’d with Fire-Arms, the Prisoner particularly, among the rest, with a Carbine or a Blunderbuss, together with the rest, was on Horseback; and they were then accompanied with several drove Horses, and upon the Horses they rode, as upon those they drove, they carried great Quantities of Tea in Oil-skin Bags, and Half-Anchors, peculiar to those Sort of People; a Peculiarity it is which no Goods besides is carried, in order to elude Justice.

Multiple witnesses in this case described how widespread the practice is; they were needed because the crown case had an evidentiary weakness: everyone knew that posses toting oilskin bags were tea smugglers, but the witnesses had not literally seen the defendant reveal the contents of his oilskin bags. Here is a customs agent named Walker explaining the situation:

Sollicitor-General. What is the Practice of Smugglers in carrying off their Goods?

Walker. Such time as I have been an Officer, which has been ten Years, I never took no Tea in my Life upon Horses, but what was in Oil-skin Bags. Wherever I had a Suspicion, and found Oil-skin Bags, I always found Tea.

Q. How many may you have found?

Walker. Thousands of Bags; when they are in a Hurry, and taken from the Sea, they are in Oil-skin Bags; but when they carry them up into the Country, they carry them in Sacks; there is never a Gang that comes from the Sea-side, but rides with something upon their Horses.

Later, a different officer made an equally important observation about the well-known Hawkhurst Gang: “we never attack’d them, because we were over-power’d.” The Hawkhurst Gang was hardly alone in this. As readily as Britons embraced their untaxed smuggled tea and brandy, the underworld firms that delivered them were growing frighteningly in size and propensity to violence during the 1740s.

Accordingly, they were met by a concerted crackdown by authorities. (And, perhaps more helpfully, a reduction in the tea tax.) In 1745, Parliament had stacked upon the century’s vast allotment of property crimes fresh capital offenses for armed smuggling — no matter whether those arms were actually used. For the case at hand, there was no need to link Fuller to a homicide or the like: only to show that he participated in the normal activities of the Hawkhurst Gang.

As was often the case, it was left to the likes of the Ordinary of Newgate to express in words the ideological message of smugglers’ execution. He did so with great vehemence (but less persuasive effect) when Fuller went to hang:

The common People of England in general, fancy there is nothing in the Crime of Smuggling, but cheating the King of a small Part of his Revenue; and that there is no Harm done to the Community in general, or to the Properties of particular Persons: They think they have a Right to shun, as much as possible, paying any Duty for their Goods, and what they get by their Dexterity in that Manner is honest Gain, to be enjoyed as the Fruits of their Industry and Labour; but a little Consideration will teach them to think otherways, and convince them, that Smuggling is in itself a Crime of worse Consequence to Society, and more hurtful to particular Persons, than many other Crimes which Custom has taught them to look upon with great Abhorrence.

The Prejudice done the Society, and the Damage received by Individuals, next to the express Declaration of the divine Will, are the best Marks by which we can judge of the Degree of Immorality in any Action whatever; and if we judge of their Crime of Smuggling by this Criterion, we shall find it a Sin of deep Dye, and to deserve the Resentment of every Man, who pretends to any Share of moral Honesty.

In the first Place, the fair Trader is injured in his Property by their kind of illicit Trade: He pays honestly the Duties and Taxes charged upon his Commodity at his Entry, which in some Cases amounts to near as much as the prime Cost of his Goods at the first Market; this he must charge upon the Consumer, with a living Profit for his Riske, Trouble and Out-lay of his Money; but the Smuggler, who buys his Goods at the same Market, and perhaps at a lower Price, as he chuses the worst Sort upon running them, is able to undersell the fair Dealer at least one Third, and for that Reason is, by the greedy Retailer, preferred, though the Commodity he deals in is worse in Quality. Is not this robbing the honest Merchant of his real Profit, and forcing him either to sell below what his Goods cost, or leave off a Branch of Trade, to which perhaps, he has served an Apprenticeship, and built extraordinary Hopes upon, of being a Support to him or his Family? I appeal to every thinking Man, if there is any material Difference betwixt ruining a Man by robbing him on the Highway, and this Method of beggaring him and his Family by Smuggling? If there is any Difference in Point of Immorality, it must lie on the Side of Smuggling, as the Evil attending it is more universal, and reaches farther. Few Men carry their All in their Pocket; and not one Man in a Thousand is ruined, by what is taken from him by the Highwayman: But there is not a Ship of Goods run upon our Coast but injures Hundreds; perhaps not immediately, but in Process of Time it certainly has that Effect. Not only the Parts adjacent, and the Dealers near the Smuggling Port suffer by this Means, but the most distant Corners of the Kingdom are affected by it in a few Weeks, in Proportion as it lowers the Price of the Commodity, and diminishes the publick Revenue. But it is this lowering the Price which is the great Temptation; the Cheapness of the Smugglers Goods tempts the Retailer to prefer him to the fair Trader, from a mistaken Notion that it is his peculiar Interest to buy as cheap as he can, and consequently he encourages, conceals, and connives at all the Villainies of this Set of People. But if such a Retailer should give himself Time to think, I believe he might easily persuade himself, that he is robbing Peter to pay Paul; that what he gets upon one Article, he loses on another.

It is evident, Taxes must be paid to support the Expences of the Government; and that every Subject, as he enjoys the Benefit of Government, is obliged to contribute his Proportion to that Expence. It is likewise evident, that if the Duties laid upon one Commodity does not answer the Sum charged upon it, that the Deficiency must be charged upon some other. Thus: Suppose the Duties charged upon Teas, Brandy, &c. falls short 100,000 l. of the Sum allotted to be raised upon these Commodities, is it not evident that this 100,000 l. must be charged upon Soap, Candles, Leather, Sand, or some other Branch? Suppose then a Dealer, by dealing with the Smuggler, saves about half the Duty payable to the King, or, which is the same thing, buys it so much cheaper from him than he would from the fair Trader, and that his Gains upon this Article amounts to ten or twenty Pounds a Year, I mean his illicit Gains, or the Difference between the trading Price and smuggling Price; now, as it is evident, that every twenty Pounds gained this Way lessens the Revenue forty Pounds, he or somebody else must re-place this Sum in the Treasury, by a Tax upon another Commodity; from whence it is as clear as the Sum; that instead of gaining twenty Pounds by his smuggling Dealer, he really loses twenty Pounds upon the Ballance. I own, he may not chuse to deal so largely in these other Articles, as to bring it to this Ballance, but some of his Neighbours may. And as much Money as they pay towards making up this Deficiency, occasioned by the Smuggler; just so much does the Person, who deals with such People, rob out of the Pocket of his Neighbour.

If I was to charge several People, who make no scruple for the Lucre of Profit, to buy Goods which they know to be run, with as foul a Crime as Robbery, or even that of cheating their Neighbour, they would be apt to treat me with some Severity, and think I much injured their Reputation: Yet, upon serious considering the Circumstance attending this Practice, they must at last own, they deserve no better Character than that of a Highwayman and Cheat.

Thus it is plain that Smuggling is a Crime of the most dangerous Nature, both against the Community and private Persons, and as such subject to the Divine Displeasure, as much as any other Felony. It is not only a Sin destructive to Society, and contrary to human Laws enacted for the Peace, Protection, and Subsistence of the State, but is a Sin against the literal Precepts, as well as the Meaning and Intent of Christianity: We are commanded Obedience to Government for Conscience sake; we are commanded to pay Tribute to whom Tribute is due. Our Saviour gave that Answer to the Jews, though that People had as much Reason as any People on Earth, to look upon the Romans as Tyrants, and having no Right to that Tribute, but what they founded upon the superior Force of their Arms; but how much stronger is the Christian Obligation, to pay towards the Support of a Government established? Not by Force or Fraud, butby the Consent of a free People, and conducted by all the Arts of prudent Policy conducing to their Happiness, both in their Religious and Civil Capacities.

If we consider ourselves as several Members united in one Society for our mutual Peace and Protection, we must conclude it the highest Piece of Injustice in us to refuse or evade by Force or Fraud to pay our Contingent of the Expence incurred for such valuable Purposes, as the securing our Religion and Liberties.

If the Government was to make any Infringement upon the Properties of Individuals, or aim at lessening the Freedom of the Constitution, how would the Smuggler and his Friends rail and exaggerate the mighty Grievance? Yet at the same Time grudge to pay their Quota, and take all Means in their Power by Deceit or Violence to cheat the Government of what enables them to preserve Order and Peace in the Community.

These Considerations alone are sufficient to awaken the Conscience of the Guilty in this Way, and to hinder us from affording them an unseasonable Compassion; but there yet remains some other Circumstances to blacken the Blackness of their Crime. These are the Manner in which they go about to execute their Smuggling Purposes.

They go in Companies together, armed with all Manner of offensive Weapons, and escorted by the most profligate Wretches they can pick up: They employ none in their Service but Fellows who have given Instances that their Consciences are Proof against all Checks of Morality, Religion or Law, and whose Courage is equal to the most daring Attempts upon the Peace of the Society. By these Men Perjury amongst others, is looked upon as a venial Transgression, beneath the Conscience of a Gentleman Smuggler to be troubled with. Murder, Rapes, and Robberies are with them but as frequent, as they conduce to their Interest. Their Character, their Cruelty, and Numbers has given them another Source of Encouragement, and a new set of Allies. For Numbers of the Country People who perhaps abhor their Practice, from the Dread they have justly conceived of their Power, find themselves obliged, tho’ against their Wills, to connive at or conceal, and even to assist them, and when they are not willing, they are compelled to lend their Aid. For when a Smuggling Vessel touches on the Coast, those concerned or their Associates meet at a Place of Rendezvous, and press all the Horses they meet with for their Service, which they sometimes return, and sometimes not, just as their Business requires, and the Owners dare not complain for fear of having their Throats cut, or their Houses set on Fire: Not only single Houses, but whole Villages and trading Boroughs are kept in this slavish Dependence upon them, out of real Apprehension of Danger, without any Regard to Profit in dealing with them.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Organized Crime,Pelf,Public Executions

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1591: Brian O’Rourke, Irish lord

Add comment November 3rd, 2016 Headsman

On this date in 1591, Brian na Múrtha Ó Ruairc — Brian O’Rourke to the English who killed him — was drawn and quartered as a rebel at Tyburn.

O’Rourke was a chieftain in a disappearing world, the Gaelic Ireland that the English had been engaged in reducing ever since King Henry VIII realized that he was King of Ireland back in 1542.

O’Rourke’s patrimony in this Tudor conquest was the kingdom of West Breifne, with a lineage going right back to its 12th century founder. As far as the Tudors were concerned he was just one more truculent local lord to subdue — even if the very “proudest man this day living on the earth.” (per Nicholas Maltby)

O’Rourke’s pride put him into oppositin against the English satrap and even to succor sailors taking refuge from the shattered Spanish Armada in 1588. But fighting in his environs and eventual outright occupation steadily constrained the scope of his autonomy.

In the end it was his brother-Celts in Scotland who finished him: when O’Rourke turned up there in 1591 seeking license to recruit sword-arms there from King James VI (James was not yet James I of England at this point), Queen Elizabeth successfully prevailed upon her Scottish counterpart to arrest and extradite the man — an incident that triggered a riot in Glasgow.

Tried on the highly dubious grounds of treason against England committed in Ireland — plus a lese-majeste incident of having the queen’s image dragged in the mud tossed into the indictment for good measure* — O’Rourke scornfully refused to plead, or to defend himself unless Elizabeth herself would deign to sit in judgment — sovereign to sovereign. The court required only O’Rourke’s body, not his assent, to proceed.

O’Rourke had a sharp enough tongue when minded to deploy it, however. On the scaffold, he witheringly abused the notoriously avaricious bishop Miler Magrath who had been sent to minister to him. Then …

Upon Wednesdaie the 3 of November, Bren O’Royrke was drawne to Tyborne, and there hanged, his members and bowels burned in the fire, his heart taken out, and holden up by the hangman, naming it to be the archtraytors heart, and then did he cast the same into the fire, then was the head stricken off, and his bodie quartered

-John Stowe, The Annales of England (1605) (via)

O’Rourke’s son Brian oge O’Rourke inherited his position, and his struggle, until younger brother Tadgh O’Rourke deposed him with English support. Tadgh died young in 1605 — and with him, West Breifne expired too.

* Enjoy an itemized list of the naughty O’Rourke’s many offenses against English sensibilities from page 144 of this public domain volume.

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Entry Filed under: 16th Century,Capital Punishment,Death Penalty,Drawn and Quartered,England,Execution,Gruesome Methods,Heads of State,History,Ireland,Nobility,Occupation and Colonialism,Power,Public Executions,Treason,Wartime Executions

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1770: William Linsey, resolutely bent upon working wickedness

Add comment October 25th, 2016 Headsman

On this date in 1770, inveterate burglar William Linsey was hanged in Worcester, Mass.

Linsey never killed anyone but just couldn’t lay off the thieving — as he owned himself in a gallows broadsheet: “Having so often escaped with impunity, for my wretched crimes, I was under no awe or restraint, neither learning God nor regarding man, resolutely bent upon working wickedness.” That didn’t mean he didn’t get caught: he frequently did, and once was pilloried, flogged, and branded all in the same day as punishment for fraud.

The quote is courtesy of a Linsey profile by friend of the blog and occasional guest poster Anthony Vaver, on his site Early American Crime — which notes that Linsey ultimately fell foul of a sort of colonial three-strikes law escalating penalties for mere property crimes all the way to the gallows in the case of repeat offenders.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,Massachusetts,Pelf,Public Executions,Theft,USA

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1828: Charles French, York printer

Add comment October 23rd, 2016 Headsman

On this date in 1828, a young printer’s assistant morally corrupted by the theater went to the gallows at York, Upper Canada (soon to become Toronto, Ontario).

After boozing it up at a performance of Tom and Jerry, or, Life in London* at Frank’s Hotel, 21-year-old Charles French fell into a drunken row with Edward Knowlan or Nowlan and shot him dead, in a case that occasioned a local moral panic about the dangerous carousing nurtured by the nightlife in the small frontier town.

Frank’s Hotel, York’s very first theatrical venue, was “neither under order nor restraint,” French’s respectable parents pleaded in their unsuccessful clemency missive. It was “the haunt of the gay and dissolute, the idle and the profligate, the ruffian and woman of bad fame, those who show in the light of the moon were there — and from its temptations few parents or masters could restrain the youth.” (Source) Theater troupes were banned from York stages for five years after the French affair.

French’s defense had likewise attempted to raise doubts about his mental competency, and although this worked as well as it usually did in a 19th century courtroom there was no small sentiment for French’s reprieve: (K)nowlan was a notorious goon, and the circumstances of the fray seemed muddled enough to bring the shooter’s degree of calculation into question. Two alleged accomplices, acquitted in separate trials, swore that Knowlan

The close clemency call carried a sharp political undertone. French was an understudy of the reform publisher William Lyon Mackenzie and his victim a Tory brawler who dealt out bruises in the service of Upper Canada’s “Family Compact” ruling clique. That his petition for mercy was rejected by Lt. Gov. Peregrine Maitland eventually became one of the (lesser) briefs against the Family Compact advanced a decade later during the Upper Canada Rebellion.

* The period’s several Tom and Jerry plays — no overt relationship is known between them and the 20th century Tom and Jerry cartoons — derived from Pierce Egan‘s smash hit Life in London, or, the day and night scenes of Jerry Hawthorn, esq., and his elegant friend Corinthian Tom in their rambles and sprees through the metropolis. The title characters capture vignettes around the city, naturally not excluding the condemned hold at Newgate, which they tour with their friend Bob Logic on the pretext of consoling one of Logic’s old friends.

An opportunity presented itself to our TRIO to visit the Condemned Yard in Newgate. “It was a mournful sight,” Logic observed to the Corinthian; “but as it was the intention of Jerry not to neglect visiting any place that might afford him information during his stay in London, he had been induced to make the proposition to Hawthorn; yet, he was free to confess, it was more especially on his own account, as he was compelled to attend, and companions would, therefore, prove very agreeable to his feelings upon such a melancholy occasion.” “We will accompany you, Bob,” replied Tom and Jerry.

The Plate represents the Morning of Execution, and the malefactors having their irons knocked off previous to their ascending the fatal platform that launches them into eternity. The Yeoman of the Halter [i.e., the hangman — at the time of Egan’s writing this would have been John Foxton] is in waiting to put the ropes about them. The Clergyman is also seen administering consolation to these unfortunate persons in such an awful moment; and the Sheriffs are likewise in attendance to conduct the culprits to the place of execution, to perform the most painful part of their duty, in witnessing the offended laws of their country put in force. It is a truly afflicting scene; and neither the pen nor the PENCIL, however directed by talent, can do it adequate justice, or convey a description of the “harrowed feelings” of the few spectators that are admitted into the Condemned Yard upon such an occasion. The tolling of the bell, too, which breaks in upon the very soul of the already agonized malefactor, announcing to him that he has but a few minutes to live, adds a terrific solemnity to the proceedings: —

Hear it not, Duncan, for ’tis a knell
That summons thee to heav’n or to hell.

The Condemned Yard is long, but narrow, and contains a great number of cells, one above another, forming three stories in height. Each cell measures nine feet in length, and six in width. [Compare with Dickens’s description -ed.] Every indulgence is allowed to those prisoners immediately the “death-warrant” arrives at Newgate, ordering them to prepare for execution. They are then allowed to remain in the Large Room (which the Plate represents), in order that the Clergyman may attend upon them as often as they desire it, and who, generally, previous to the morning on which they are to suffer, sits up praying with them the whole of the night. It is really astonishing, upon most of these occasions, to witness the resignation and fortitude with which these unhappy men conduct themselves: many of the most hardened and desperate offenders, from the kindness, attention, and soothing conduct of the Rev. Mr. Cotton, who is indefatigable in administering consolation to their troubled minds, have become the most sincere penitents; nay more, several prisoners, who have received a free pardon after having been ordered for execution, have since publicly declared that they should never again be in such a fit state to meet eternity. The criminal on the left side of the Plate, lifting up his hands in the attitude of prayer with the Clergyman, was once a character of considerable note at the West End of the Town, and from his vivacity, then designated “Lively Jem!” He soon ran through a fine fortune; and, to keep up his extravagances, he plunged into those destructive habits which ultimately brought him into this ignominious situation. Lively Jem, like most others, saw his error too late to repair it. He had not strength of mind sufficient to bear with the reverses of fortune; to fall from splendour to poverty was too much for his feelings; and, to avoid the jests and sneers of his once dashing acquaintance, under the appellation of “poor fellow!” and being excluded from their company, he thus violently terminated his thoughtless career. Jem had been at college with the Oxonian, and as his last request, lie had sent a message to Logic to attend upon him on this mournful occasion, in order to be the bearer of some important circumstances respecting himself to a female, to whom he had been very much attached, and who had also never been absent from him except this fatal morning. Logic was too much of a man to neglect another in the hour of misfortune; and it was to fulfil the request of a dying unfortunate acquaintance, that he came, accompanied by Corinthian Tom and Jerry, to the condemned Yard of Newgate.

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

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