On this date in 1824, David D. Howe (or “How”) was publicly executed at the upstate New York town of Angelica. Up to five or six thousand souls — several times the population of Angelica — were said to have turned out on a fair springtime morning for the hanging.
Howe’s fate could be read as a cautionary of life before the bankruptcy code. Financially ruined by an unsuccessful investment in a turnpike, Howe attempted to recover himself by farming only to sink ever deeper into debt. Creditors soon came to drag him cruelly under the water line, and in the summer of 1823 they repossessed much of what he owned — including “all my crops, my horses, cattle, and even my farming utensils,” which of course cratered the farming venture into the bargain.
“Had I had time to have turned my property, I would have been able to pay my honest debts,” Howe complained (somewhat optimistically, given his track record) from his dungeon a few days before he hanged.
And the worst of these oppressors in his mind was the victim, Othello Church — who seized “possession of much more than he was bound for, (in my opinion, and which he acknowledged to several persons before his death.)” From Howe’s desperate standpoint, Church “had taken advantage of my troubles, and taken property from me wrongfully, and several other persons seemed combined with him to work my destruction.” The two traded high words often and in public; Howe’s obvious motive would in time help to cinch the circumstantial case against him because he was sought so immediately after the man’s murder that his horse was discovered still damp from its evil ride, and the muzzle of his rifle not yet cooled from the assassination.
Still, Howe could justify the fancy of escaping detection: after all, motive had not been enough to convict him when he was arrested — correctly so, he would admit in gallows’ shadow — for vengefully torching the barn of another vulturous creditor.
And so on December 29, 1823, having observed that “the state of the snow [was such] that I might not be tracked,” Howe — after a couple of alibi-making calls at public houses — secreted his rifle under his coat and made the six-mile ride to the farm of his nemesis. Whatever the injustice of his provocation, it is obvious in his narration that he acted with sure deliberation:
I hitched my beast near Mr. Spear’s shop — took out my knife and rubbed the flint that it might not miss fire. — I took the mitten from off my right hand and put it in my pocket, and was careful not to drop any thing whereby I might be detected. I then stepped to his kitchen door, which opened near the head of his bed, and stood 5 or 6 minutes on his door stone. All creation seemed locked in slumber, and one dread silence reigned through all the works of God.
Now my bold heart even trembled at the thought of an act so desperate, and every vibration of my soul seemed shrinking beneath the horrors of the scene.
I rapped at his door, and shuddered and the very noise I made, and was on the point of retiring, when his wife, I think, awoke him, and he exclaimed, “Who is there?” I endeavored to alter my voice, and answered, “I have a letter for you;” he then said, “walk in;” I answered, “have the goodness to open the door and take it.” He arose, and as he opened the door, as soon as I saw the appearance of his white shirt, I shot at venture; I took no sight, and had the gun by my side, and I think the muzzle was not more than three or four feet from him. I then heard him exclaim, “Oh! my God, my God!!” I heard no more of him. I then returned to my beast; and every step was marked with care, lest I should fall or loose something, as it was slippery. The shocking cries and shrieks of the family broke the midnight silence, and rent the air with horror, which I heard considerable distance. I then rode with great speed home. I dismounted and loaded my gun in haste, and set into the window whence I had taken it; then put out my beast, went to bed, and went to sleep.
The quotes above all come from The Trial of David D. How for the murder of Othello Church at Angelica, which is freely available here; it contains the evidence given against How(e) at trial as well as the confession he dictated to Rev. Joseph Badger.
Badger, a traveling evangelist, would preach the sermon at Howe’s hanging; Badger left an ample journal of his 18-day ministry to the doomed Howe, and parts of that journal can be read in Badger’s memoir. (Unfortunately I have not been able to access the complete original which the memoir references.)
Howe seems by Badger’s account to have hurled himself sincerely, and almost voraciously, into the pious repentance expected of a condemned man. One might well imagine the grateful heart with which Howe, so lately picked into penury by stone-hearted foes, greeted the clergymen and neighbors who now took such an interest in his salvation.
March the 18th. He sent for me at daybreak. I found he had a restless night, and was in great distress. I made him several visits ; his family came to take their leave of him forever. At 3 o’clock P. M., the Rev. Mr. Boach, a Methodist minister, preached a short discourse in the dungeon from John 3:16. Five clergymen were present, and the scene was solemn. Mr. How took the lead in singing two hymns, and carried his part through in a graceful manner. In singing the first, he stood up and leaned partly on the stove; held his little girl by one hand, who sat in the lap of her mother, and with the other he took the hand of his affectionate brother, who stood by his side. At the close of the meeting, his wife gave him her hand for the last time. He embraced her with fondness, and when he pressed his little girl to his bosom (about four years of age) he wept aloud. He requested that several Christian friends should spend the night with him in prayer; thus his last night on earth was spent in imploring God for grace and mercy.
March the 19th. I entered the prison at break of day, found him much resigned. He observed, as I entered, that his last night on earth was gone, which he had spent in prayer. At 7 o’clock I visited him again with a company of ladies who had never seen him. Mrs. Richards, of Dansville, took him by the hand, both fell upon their knees, and she prayed for him in the most fervent manner. He then prayed for himself, for his family, for the family of Mrs. Church, who were afflicted by him, for his executioner, and all the world. As we came out, a gentleman remarked that he had never heard a man pray like him.
At 9 I entered his apartment for the last time, accompanied by his heloved daughter and a young man who was soon to become her husband. We entered with serious hearts; he received them very pleasantly, and made remarks to me on the fine weather, and the lady who had prayed with him. He asked of me the privilege of walking into the yard with the young man. They spent a short time together. He then asked me to wait on Harriet to the door. He placed her by the side of the young man, and delivered her to his charge, saying that she had long been deprived of the counsels of a mother, and would be in a few moments separated from her father forever. “I now commit her to you as a friend, protector,
On this date in 1902, Joe Higginbotham was hanged for raping and slashing the throat of a Mrs. Ralph Webber.
The State (Columbia, S.C.), Jan. 24, 1902
This headline-making outrage occurred in Lynchburg, Virginia, and the town was on the verge of living up to its name before officers spirited the black janitor away to Roanoke for safekeeping; in Roanoke, military guardsmen were scrambled for security against a rumor that Higginbotham’s life would be attempted even there.
One might well wonder why the bother, as the formal proceedings against the culprit blessed by the law entailed very little deliberation beyond Judge Lynch. Mrs. Webber survived her injury and once her condition stabilized, she was brought to the jail on January 21 to make an identification. “She at once identified him as the man who assaulted her. The negro broke down and confessed to the crime with which he is charged, and further stated that he had attempted some months ago to assault a white girl who was a patient in a Lynchburg hospital.” (Charlotte Observer, Jan. 22, 1902)
Two days after that meeting, Higginbotham pleaded guilty at a short trial under heavy guard back in Lynchburg. The sentence was imposed for exactly one month out — plus one more day so as not to fall on a Sunday — and it went off as scheduled, undisturbed by any appeal or reprieve.
Judge Higginbotham grew up in New Jersey but census records confirm that his father Aloysius was in fact born in Virginia to a family with deep roots in Amherst County. Aloysius’s move to the Trenton, N.J. area in the first decade of the 20th century would have put him on the leading edge of the Great Migration of southern blacks to northern industrial cities.
Suggestive as that might be, Golde’s search through Aloysius’s family did not appear to turn up any clear link to a Joseph Higginbotham; indeed, Higginbotham the criminal assailant was reportedly himself an adopted or foster child whose lineage appears obscure. The trail from this point dissipates in history’s marshes. The Higginbotham name is quite widespread in the Lynchburg area; family ancestries for the African-American Higginbothams appear to trace back to slavery among the white family of Captain John Higginbotham, a Revolutionary War officer whose own father relocated to Amherst, Va. from Barbados. (Different English Higginbothams made good in India.)
A generalist site such as ours leaves off short of the close reading of archival records or research into family lore that would required here. (Perhaps there are some readers prepared to shed some light?) In the end, of course, any hypothetical family connection between these two very different men would count as little more than historical curiosity.
* Full disclosure: this author never had the privilege of meeting Judge Higginbotham, but counts as a mentor to his death penalty interest one of the judge’s proteges.
PENDLETON, MARCH 21. — We regret to announce that Captain Jehu Orr, who was stabbed on the 12th of February by Uriah Sligh, died on Sunday morning last of the wound.
Captain Orr has been long an inhabitant of the district, and has been very generally esteemed as an upright man and respectable citizen. His sufferings from the period of the infliction of the wound to that of his death, are represented to have been severe, and to have been borne with the most Christian fortitude.
Sligh, who was some time since admitted to bail, has been recommitted, and will probably be tried at the ensuing Court, which will commence on Monday next.
From Poulson’s American Daily Advertiser (Philadelphia, Pa.), March 13, 1828:
Pendleton, (S.C.) February 27, 1828.
On Friday last pursuant to the sentence of the law, Uriah Sligh was executed at this place for the murder of Jehu Orr.
As usual on such occasions, a large concourse of people assembled to witness the last pangs of a suffering fellow creature. It is certainly a strange curiosity which prompts people to attend the execution of a criminal, but it has so happened that the three occurrences of the kind which have unfortunately taken place here within two years, have severally collected together a more numerous assemblage than we have observed on any other occasion.
The following has been handed us by a gentleman who was present; the address being as nearly as can be remembered in the words uttered by the criminal on the eve of execution: —
After some religious exercises, he rose and addressed the crowd as follows.
Fellow-Citizens of Pendleton District — You see me in this situation. It is intemperance has brought me here. I was an honest and industrious man and strove to maintain my family in honesty and comfort.
I have no recollection of the action for which I am now suffering. I never had any ill-will or intention of killing that man.
And I now warn all of the danger of a habit of intemperance; particularly the poorer class who have it not always in their power. When they have an opportunity they will go to great excess.
I would exhort all to seek religion as the only sure guard against such awful practices. If you were always in the discharge of your duty and serving your God, you would be in no danger of coming to an end like mine.
He then knelt down and prayed with much earnestness that the Lord would pardon his sins and receive him to happiness; expressing a strong hope that as the blessed Saviour had promised that none who came to him should be cast out, he would also receive his spirit, and cleanse him by his blood.
[Richard Worley‘s] Reign was but short, but his Beginning somewhat particular, setting out in a small open Boat, with eight others, from New-York. This was as resolute a Crew as ever went upon this Account: They took with them a few Biscuits, and a dry’d Tongue or two, a little Cag of Water, half a dozen old Muskets and Ammunition accordingly. Thus provided, they left New-York the latter End of September 1718, but it cannot be supposed that such a Man of War as this, could undertake any considerable Voyage, or attempt any extraordinary Enterprize; so they stood down the Coast, till they came to Delaware River, which is about 150 Miles distant, and not meeting with any Thing in their Way, they turn’d up the same River as high as Newcastle, near which Place they fell upon a Shallop belonging to George Grant, who was bringing Houshold Goods, Plate, &c. from Oppoquenimi to Philadelphia; they made Prize of the most valuable Part of them, and let the Shallop go. This Fact could not come under the Article of Pyracy, it not being committed super altum Mare, upon the High-Sea, therefore was a simple Robbery only; but they did not stand for a Point of Law in the Case, but easing the Shallop Man of his Lading, the bold Adventurers went down the River again.
The Shallop came straight to Philadelphia, and brought the ill News thither, which so alarm’d the Government, as if War had been declared against them; Expresses were sent to New-York, and other Places, and several Vessels fitted out against this powerful Rover, but to no manner of Purpose; for after several Days Cruize, they all return’d, without so much as hearing what became of the Robbers.
Worley and his Crew, in going down the River, met with a Sloop of Philadelphia, belonging to a Mulatto, whom they call’d Black Robbin; they quitted their Boat for this Sloop, taking one of Black Robin’s Men along with them, as they had also done from George Grant, besides two Negroes, which encreased the Company one Third. A Day or two after, they took another Sloop belonging to Hull, homeward bound, which was somewhat fitter for their Purpose; they found aboard her, Provisions and Necessaries, which they stood in need of, and enabled them to prosecute their Design, in a manner more suitable to their Wishes.
Upon the Success of these Rovers, the Governor issued out a Proclamation, for the apprehending and taking all Pyrates, who had refused or neglected to surrender themselves, by the Time limited in his Majesty’s Proclamation of Pardon; and thereupon, ordered his Majesty’s Ship Phoenix, of 20 Guns, which lay at Sandy Hook, to Sea, to cruize upon this Pyrate, and secure the Trade to that, and the adjoining Colonies.
In all probability, the taking this Sloop sav’d their Bacons, for this Time, tho’ they fell into the Trap presently afterwards; for they finding themselves in tolerable good Condition, having a Vessel newly cleaned, with Provisions, &c. they stood off to Sea, and so missed the Phoenix, who expected them to be still on the Coast.
About six Weeks afterwards they returned, having taken both a Sloop and a Brigantine, among the Bahama Islands; the former they sunk, and the other they let go: The Sloop belonged to New-York, and they thought the sinking of her good Policy, to prevent her returning to tell Tales at Home.
Worley had by this Time encreased his Company to about five and twenty Men, had six Guns mounted, and small Arms as many as were necessary for them, and seem’d to be in a good thriving sort of a Way. He made a black Ensign, with a white Death’s Head in the Middle of it, and other Colours suitable to it.* They all signed Articles, and bound themselves under a solemn Oath, to take no Quarters, but to stand by one another to the last Man, which was rashly fulfill’d a little afterwards.
For going into an Inlet in North-Carolina, to clean, the Governor received Information of it, and sitted out two Sloops, one of eight Guns, and the other with six, and about seventy Men between them. Worley had clean’d his Sloop, and sail’d before the Carolina Sloops reached the Place, and steered to the Northward; but the Sloops just mentioned, pursuing the same Course, came in sight of Worley, as he was cruising off the Capes of Virginia, and being in the Offin, he stood in as soon as he saw the Sloops, intending thereby to have cut them off from James River; for he verily believed they had been bound thither, not imagining, in the least, they were in Pursuit of him.
The two Sloops standing towards the Capes at the same Time, and Worley hoisting of his black Flag, the Inhabitants of James Town were in the utmost Consternation, thinking that all three had been Pyrates, and that their Design had been upon them; so that all the Ships and Vessels that were in the Road, or in the Rivers up the Bay, had Orders immediately to hale in to the Shore, for their Security, or else to prepare for their Defence, if they thought themselves in a Condition to fight. Soon after two Boats, which were sent out to get Intelligence, came crowding in, and brought an Account, that one of the Pyrates was in the Bay, being a small Sloop of six Guns. The Governor expecting the rest would have followed, and altogether make some Attempt to land, for the sake of Plunder, beat to Arms, and collected all the Force that could be got together, to oppose them; he ordered all the Guns out of the Ships, to make a Platform, and, in short, put the whole Colony in a warlike Posture; but was very much surprised at last, to see all the supposed Pyrates fighting with one another.
The Truth of the Matter is, Worley gained the Bay, thinking to make sure of his two Prizes, by keeping them from coming in; but by the hoisting of the King’s Colours, and firing a Gun, he quickly was sensible of his Mistake, and too soon perceived that the Tables were turned upon him; that instead of keeping them out, he found himself, by a superiour Force kept in. When the Pyrates saw how Things went, they resolutely prepar’d themselves for a desperate Defence; and tho’ three to one odds, Worley and his Crew determined to fight to the last Gasp, and receive no Quarters, agreeably to what they had before sworn; so that they must either Dye or Conquer upon the Spot.
The Carolina Men gave the Pyrate a Broadside, and then Boarded him, one Sloop getting upon his Quarter, and the other on his Bow; Worley and the Crew, drew up upon the Deck, and fought very obstinately, Hand to Hand, so that in a few Minutes, abundance of Men lay weltering in their Gore; the Pyrates proved as good as their Words, not a Man of them cry’d out for Quarter, nor would accept of such, when offered, but were all killed except the Captain and another Man, and those very much wounded, whom they reserved for the Gallows. They were brought ashore in Irons, and the next Day, which was the 17th of February 1718-19, they were both hanged up, for fear they should dye, and evade the Punishment as was thought due to their Crimes.
* The origin of the skull-and-crossbones design we commonly associate with pirates is murky, but Worley is often credited as one of the earliest to sail under it. -ed.
On this day in 1906, Robert E. Newcomb and John Mueller were hanged together in Chicago, Illinois. Both were multiple murderers, with six deaths between them.
Newcomb, who was, described as “crazed” and “maddened,” hanged for the murder of Chicago police sergeant John Peter Shine.
On October 10 the previous year, Shine heard reports of a gunman terrorizing people on the streets of Englewood. Newcomb had already shot three people and one, a woman named Florence Poore who was the wife of Newcomb’s friend, was dead. Shine found out the gunman had barricaded himself in his apartment. Although he was off duty, he decided to make the arrest himself.
When he knocked on the apartment door and demanded entry, however, Newcomb simply fired through the closed door, hitting Shine in the abdomen and mortally wounding him. The officer died two hours later at Englewood Union Hospital, at the age of 42. Walter Blue, one of the others Newcomb had shot, also died of his wounds.
After Shine was shot, over 100 police officers surrounded Newcomb’s apartment and fired into it, hoping to apprehend or kill the gunman. After a long siege, Newcomb surrendered to an equally certain death in the judiciary.
“The day was remarkably calm, serene and placid, for the season — as was also, the mind, the countenance, and the conduct of the prisoner” on February the 13th of 1818 when “more than ten thousand persons” witnessed the execution of Samuel Godfrey on Woodstock (Vt.) Green.
That’s per A Sketch of the Life of Samuel E. Godfrey, which is reproduced in full in this post; some version of the publication was sold on Woodstock Green on the day of the hanging, presumably without the final appendix actually reporting the execution’s result.*
Alternating between mariner and hatter, with frequent brushes against authority and a keen feel (up to and including the transaction that cost him his own life) for the injustices visited upon him by the powerful, Samuel Godfrey emerges episodically as an American picaro on the Canadian frontier — which he is made to cross thanks to the hated British practice of seizing and impressing American seamen.
Although the man’s personal history is impossible to audit, the historical events in which he situates his autobiography were quite real: the dramatic naval battle of the HMS Cleopatra and the Ville de Milan is narrated here; there were American-British skirmishes at Odelltown, Quebec during the War of 1812; and certainly his audience would have been familiar with the flood that devastated Woodstock in 1811.
* Despite the extensive prepared “valedictory address” printed in the document in this post, Godfrey’s scaffold statement was actually quite cursory thanks to a planning snafu. According to the Amherst, N.H. Farmers’ Cabinet (Feb. 21, 1818), he said only: “I have no remarks to make, only that I declare before God and man, that I am innocent of the crime for which I am about to suffer. I had an address prepared for the occasion, but it is not here; if it was, I should be glad to have it read.”
Milton Yarberry was one of those belt-notching Wild West gunmen badass enough to be worth deputizing for a frontier town with a spiraling crime problem — which Albuquerque was experiencing as the just-completed railroad boomed its population. A number of crimes had been attributed to him in a career that took him from stage-robbing in his native Arkansas, to the Texas Rangers, to a Colorado saloon, to a New Mexico cathouse, a veritable bucket list of spaghetti western tropes packed into 34 roughhewn years with bodies planted at nigh every stop. Yarberry was even reputed to have fought alongside Billy the Kid.
The last of these tropes, of course, was as the bad hombre upon whom the townspeople foist a badge.
It will not surprise that even when minted as a peace officer, Marshal Yarberry continued his manslaying ways. Still, nobody in our present age of impunity could well imagine a lawman standing trial for murder twice in the space of a year.
Yarberry in early 1882 defeated a charge for wasting his lover’s paramour during a row in the street, as witnesses said Harry Brown shot first, just like Greedo.
There was no administrative leave or counseling after that, just straight back on the beat — and barely a month later, the copper gunned down a guy whom he was trying to stop for questioning. It was a confusing encounter in which the Marshal insisted that he fired when the victim, Charles Campbell, wheeled on him with a gun. A single state’s witness was able to establish in the court’s mind that there was no gun in Campbell’s possession.
Our hard-living triggerman would never waver from his self-defense story as his appeals were made;** he had many supporters who believed that he was being railroaded on account of the public relations hit the city was taking for employing a dude who had so liberally populated the Republic’s Boot Hills — and those advocates included the sheriff who recruited Yarberry as a Marshal, Perfecto Armijo, who was also the sheriff detailed to hang Yarberry in the end.
The local Albuquerque podcast City on the Edge has an episode dedicated to Yarberry here.
* In the anarchic game of telephone that was 19th century reporting, some editor somewhere mistakenly understood a story of Yarberry’s condemnation in 1882 as an actual report of his execution; as a result, there were news stories (themselves repeated by multiple papers) announcing Yarberry’s hanging in June 1882. In this business, once one wrong date is out there it’s bound to be echoed into eternity, so it’s still possible to find sources that misdate the execution to June 16, 1882. Past the question of the calendar, the fact that these stories actually expanded with details about the fictitious hanging scene strongly underscores the degree to which the hang-day bulletin had become colorfully but generically abstracted from any save accidental relationship to the actual scene at the gallows.
Cincinnati Daily Gazette, June 17, 1882, vividly peopling an imaginary scene.
** Because New Mexico was still just a territory — it was only admitted to the Union as a state in 1912 — Yarberry’s clemency decision went to the U.S. President, Chester A. Arthur.
We stop. We are afraid. We don’t want to move an inch. Danger is a paralyzing force. In the face of certain death, Robert Ladd looked danger in the eye and shrugged. If we place our trust in God, we too can have such confidence.
Staring down whatever danger you face, I invite you to pray the last words of Robert Ladd:
(Ladd also wrote two letters to Gawker concerning his case and the mental disability that was at issue in his final appeals: 1 | 2)
On Friday last two negro men, named Ephraim and Sam, were executed in conformity to their sentence, for the murder of their master Mr. Thomas Hancock, of Edgefield District S.C.
Sam was burnt and Ephraim hung, and his head severed from his body and publicly exposed. The circumstances attending the crime for which these miserable beings have suffered, were of a nature so aggravated, as imperiously demanded the terrible punishment which has been inflicted upon them.
The burning of malefactors is a punishment only resorted to, when absolute necessity demands a signal example. It must be a horrid and appealing sight to see a human being consigned to the flames.
Let even fancy picture the scene — the pile — the stake — the victim — and the mind sickens, and sinks under the oppression of its own feelings — what then must be the dread reality!
From some of the spectators we learn, that it was a scene which transfixed in breathless horror almost every one who witnessed it. As the flames approached, the piercing shrieks of the unfortunate victim struck upon the heart with a fearful, painful vibration — but when the devouring element seized upon his body, all was hushed — yet the cry of agony still thrilled in the ear, and an involuntary and sympathetic shudder ran thro’ the crowd.
We hope that this awful dispensation of justice may be attended with such salutary effects as to forever preclude the necessity of its repetition.