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1741: John Hughson, Sarah Hughson and Peggy Kerry, “so abandoned to confederate with Slaves”

1 comment June 12th, 2016 Headsman

On this date in 1741, “John Hughson, Sarah his wife, and Margaret Kerry, were executed according to sentence” for the slave conspiracy to burn New York.

They were the first white people executed in the affair, and when their 16-year-old indentured servant Mary Burton first described a plot to fire the city hatched by thronging slave conclaves at the Hughsons’ tavern, the by the account of the court’s officer Daniel Horsmanden, it “was most astonishing to the Grand Jury … that any white People should become so abandoned to confederate with Slaves in such an execrable and detestable Purpose.”

Whether there ever really was an execrable and detestable Purpose or whether white New Yorkers convinced of the arson plot were just chasing ghosts, nobody can say with certainty. But the Hughsons most definitely did confederate with slaves. The keeper of a dockside tavern on the Hudson, Hughson catered to the colony’s lower strata: both blacks and poor whites frequented the place, and for the criminal element among them Hughson kept up a side business as a small-time fence of stolen goods.

Back in 1738, the Hughsons had moved to that location from the South Ward — driven, one infers, by complaints of a previous neighbor that they “kept a very disorderly House, and sold Liquor to, and entertained Negroes.” Three of those Negroes were the slaves Caesar, Prince and Cuffee, who in January of 1738 had been busted for breaking into another tavern in town and carrying away the gin … an incident that by 1741 their prosecutors were characterizing as the germ of a years-long plot to orchestrate the annihilation of New York.*

The keystone to the 1741 wave of prosecutions — the break in the case, from the standpoint of the court — occurred on April 22, when Burton provided the Grand Jury a damning description of her master and mistress as the kingpins of a murderous cabal. Burton swore

That Caesar, Prince, and Mr. Philipse’s Negro Man (Cuffee) used to meet frequently at her Master’s House, and that she has heard them (the Negroes) talk frequently of burning the Fort; and that they would go down to the Fly(d) and burn the whole Town: and that her Master and Mistress said, they would aid and assist them as much as they could.

That in their common Conversation they used to say, that when all this was done, Caesar should be Governor, and Hughson her Master should be King.

That Cuffee used to say, That a great many People had too much, and others too little; That his old Master had a great deal of Money, but that, in a short Time, he should have less, and that he (Cuffee) should have more.

That at the Meetings of the Three aforesaid Negroes, Caesar, Prince, and Cuffee, at her Master’s House, they used to say, in their Conversation, That when they set Fire to the Town, they would do it in the Night, and as the white People came to extinguish it, they would kill and destroy them.

Up until that point, the court had a suspicion of an arson campaign, based on a series of fires that looked like a pattern but might have been coincidental. Burton’s deposition gave that suspicion tangible shape, and structured all the proceedings to follow. And in her telling, it all started with Hughson, Hughson, and Kerry.

It was a story that fit what the judges would know or believe about them: besides the Hughsons’ underclass and criminal connections, the Hughsons’ Irish lodger Peggy Kerry was Caesar’s lover and the mother of his infant son. “She was a person of infamous character, a notorious prostitute, and also of the worst sort, a prostitute to negroes,” Horsmanden sneers in the introduction he wrote to his compendium of proceedings.

“Here is laid the foundation of the characters of Hughson and his family, which will afford frequent occasion of enlarging upon; and from such a hopeful earnest the reader may well expect a plentiful harvest.”

Peggy Kerry, that “Newfoundland Irish beauty,” now came under relentless pressure to corroborate Mary Burton. Prostitute to Negroes or no, she was badly needed to add credibility (and leal certainty) to Burton’s charge.

Jailed and facing the prospect of execution, she nevertheless stubbornly refused every blandishment to adhere to Mary Burton’s version of events — a version that would surely doom her friends the Hughsons and her lover Caesar.

She paid the last price or her obstinance. Arthur Price, the jailhouse snitch who eventually doomed Cuffee, entered the case by telling investigators that Peggy said to him all the stuff they wanted her to say to them.

[Price asked] What, Peggy; were you a going to set the Town on fire? And she made Answer, She was not; but said, by God, since I knew of it, they made me swear: Upon which the Deponent asked her, Was John and his Wife in it? (meaning John Hughson and his Wife) And she answered Yes, by God, they were both sworn as well as the rest. Then the Deponent asked her, if she was not afraid that the Negroes would discover her? And she said, No; for Prince, Cuff and Caesar, and Forck’s [Vaarck’s] Negro [Caesar] were all true-hearted Fellows.

And by the way, she added,

for your Life and Soul of you, you Son of a Bitch, don’t speak a Word of what I have told you.

Whether or not Peggy Kerry really did say all this incriminating stuff to her fellow dungeon denizen, Price’s report laid her in the magistrates’ trap. Now she was already the second witness, via Price — and without the benefit of leniency that she could have procured by talking herself. The pending conspiracy charge dangled over her head.

Finally, on May 7, she made a too-little, too-late grab at mercy by describing plotters meeting not at the Hughsons’, but at the house of a nearby cobbler, John Romme. Heartbreakingly, she put the father of her son into the scene: she had abandoned any hope of saving him.

This half-confession, as the magistrates saw it, only redounded against her for upon interrogation Elizabeth Romme denied everything (John Romme had left, or fled, town). Romme’s place was a dead end in the investigation but Kerry’s saying it confirmed that she was privy to something about the plot — something she might still be withholding. “From what had hitherto come to Light concerning this Mystery of Iniquity, it was scarce to be doubted, but Peggy had it in her Power to unfold a great deal more,” Horsmanden remarks in his entry for May 14. “Though what Peggy had already disclosed seemed to merit something; yet it was not altogether satisfactory; and ’twas thought proper she should be arraigned upon the Indictment for the Conspiracy, upon the Supposition that this Step might probably be a Means of bringing her to a Resolution of making a full Discovery of what she knew.”

For the next weeks, the court routed around the intransigence of its would-be star witness, and increasingly made her prospective evidence irrelevant. There was Arthur Price’s deposition, to begin with; to this crown’s evidence was added witnesses we have already met in the trials of the other other men: Sandy, Sarah, Fortune. There were the desperate “confessions” extorted from Quack and Cuffee at the stake.

John Hughson, who was being fitted for the halter, could see what was up. With his wife and now his daughter as well both in jail, Hughson asked on June 1 to see Daniel Horsmanden, “to open his Heart to them, and they should know more.” What deal was he hoping to cut? Could he extricate himself? Would he trade his own life to save his family?

We don’t know, because Horsmanden made it clear in their interview that not John Hughson nor Sarah Hughson nor Peggy Kerry had an ounce of leverage remaining.

[I] reproached him with his wicked Life and Practices, debauching and corrupting of Negroes, and encouraging them to steal and pilfer from their Masters and others; and for shewing his Children so wicked an Example, training them up in the High-Way to Hell: He further observed to him, that his Wife, and Peggy, then stood convicted of a Felony for receiving stolen Goods of Negroes; and that now nothing remained but to pass Sentence of Death upon them, and to appoint a Day for their Execution for that Fact; but that it was now determined, that he, his Wife and Daughter, and Peggy, should also be tried for being confederated in this most horrible Conspiracy; that the Evidence would appear so strong and clear against them in this Particular, that there was little doubt of their being all convicted upon that Head also; that it would appear undeniably that he was a Principal, and head Agent in this detestable Scheme of Villany; the chief Abettor, together with the rest of his Family, of this execrable and monstrous Contrivance for shedding the Blood of his Neighbours, and laying the whole City in Ashes, upon the Expectation of enriching himself by such an inhuman and execrable Undertaking: He therefore admonished him, if he would entertain the least Hopes of recommending himself to the Mercy of God Almighty, before whose Tribunal he must soon appear, that he would ingenuously tell the Truth, and lay open the whole Scene of this dark Tragedy, which had been brooding at his House; and discover the several Parties he knew to have been engaged in it; in doing which he would make some Attonement for his past Villanies, by preventing that Slaughter, Bloodshed and Devastation which he and his Confederates had intended.

Disabused of any hope, Hughson “put on a soft smiling Air of Innocence” and “declared, he knew Nothing at all of any Conspiracy; and called God to witness his Protestations, that he was as innocent with respect to that Charge as the Child unborn, and also his Wife, Daughter, and Peggy for aught he knew.” He would go to trial with those three on June 4.

That proceeding was a walkover, as Horsmanden had predicted. Mary Burton was the star witness against her former master and mistress, with Arthur Price’s account of Peggy Kerry’s confessions thrown in for good measure.

Following these came a litany of the Hughsons’ current and former white neighbors who damned the Hughson house as a regular haunt of the city’s black population — that “a Cabal of Negroes” was frequently entertained, that Peggy had been seen serving them and both the Hughson mother and daughter danced shamelessly with them, that “whole Companies of Negroes [were] playing at Dice there.”

The real evidence here still rested only upon Mary Burton’s allegation as supported by Arthur Price. But from the trial preceding the court had already fixed that story through the flesh of other men. That others who had hanged and burned already were known to congregate at the Hughsons’ did the necessary work to finish John Hughson, “whose Crimes have made him blacker than a Negro; the Scandal of his Complexion, and the Disgrace of human Nature!”

Such a Monster will this Hughson appear before you, that for sake of the Plunder he expected by setting in Flames the King’s House, and this whole City, and by the Effusion of the Blood of his Neighbours’ — He — Murderous and Remorseless He! — counselled and encouraged the Committing of all these most astonishing Deeds of Darkness, Cruelty, and Inhumanity. — Infamous Hughson! —

Gentlemen,

This is that Hughson! whose Name, and most detestable Conspiracies will no doubt be had in everlasting Remembrance, to his eternal Reproach; and stand recorded to latest Posterity, — This is the Man! — his, that Grand Incendiary! — That Arch Rebel against God, his King, and his Country! — That Devil Incarnate! and chief Agent of the old Abaddon of the infernal Pit, and Regions of Darkness.

These are the rhetorical fulminations of the prosecuting attorney, William Smith, who surely deserves a plaque in that profession’s hall of fame for bridging the distance from some NIMBYing neighbors to the logic and the rhetoric of a witch trial. Hell … just the fact that Hughson had the effrontery to show up and defend himself only went to show what a monster he was.

Was not this Hughson sunk below the Dignity of human Nature — Was he not abandoned to all Sense of Shame and Remorse! — To all Sense of Feeling the dreadful Calamities He has brought on this City, and his fellow Creatures; He would from a Consciousness of his own Guilt. — His monstrous Guilt! — be so confounded, as not able to look up, or stand without the greatest Confusion of Face, before this Court and Audience; but would openly confess his, and the Rest of his wretched Confederates Guilt, and humbly ask Pardon of God, the King, and his injured Country.

And so they died. Of course they died.

Sarah Hughson, the 17-year-old daughter, was spared her sentence. Over the next weeks her orphaned life would be a litany of execution dates imposed and then delayed, trading time for cooperation that Sarah was very reluctant to provide. In whatever combination her age, her sex, and her skin — for as a white person, her evidence had privilege over the allegations of “pagan Negroes” in trials yet to come — would eventually procure her pardon.

But on June 12, her parents and their misfortunate friend Peggy Kerry all went to the gallows. (Not to the pyre, the fate of the black slaves convicted for the conspiracy.) Horsmanden spares for these major trophies a longer narration of their Passion, though this turns out to consist in large measure of Horsmanden complaining one last time how Peggy Kerry didn’t spare any of her last moments to finally give him what he wanted.

The under-sheriff had often advised John Hughson, to make a cofession about the conspiracy, but he always denied he knew any thing of the matter; said he had deserved death for receiving stolen goods. The wife was ever sullen; said little or nothing, but denied all.

The sheriffs observed John Hughson, when he was brought out of jail to be carried to execution, to have a red spot on each cheek, about the bigness of a shilling, which at that time thought very remarkable, for he was always pale of visage: these spots continued all along to the gallows. Amongst other discourse it seems he had said, he did not doubt but some remarkable sign would happen to him, to show his innocence; concerning which more will be observed upon hereafter.** He stood up in the cart all the way, looking round about him as if expecting to be rescued, as was by many conjectured from the air he appeared in: one hand was lifted up as high as his pinion would admit of, and a finger pointing, as if intending to beckon.

At the gallows his wife stood like a lifeless trunk, with the rope about her neck, tied up to the tree; she said not a word, and had scarce any visible motion.

Peggy seemed much less resigned than the other two, or rather unwilling to encounter death; she was going to say something, but the old woman who hung next to her, gave her a shove with her hand, as was said by some, so Peggy was silent.

But they all died, having protested their innocence to the last, touching the conspiracy.

This old woman, as it has been generally reported, was bred a Papist; and Peggy was much suspected of the same persuasion, though perhaps it may seem to be of little significance what religion such vile wretches professed.

From the scanty room in the jail for the reception of so many prisoners, this miserable wretch, upon her conviction with the Hughsons for the conspiracy, was put in the same cell with them; which perhaps was an unfortunate incident; for though she had to the time of their trial screened them from the charge of the conspiracy; yet there was reason to expect, that upon the last pinch, when she found there was no hopes of saving her own life if she persisted, the truth as to this particular would have come out; and indeed it was upon this expectation, that she was brought upon trial for the conspiracy; for her several examinations before set forth, and what Arthur Price had sworn to have dropt from her in accidental talk in jail, had put it beyond doubt, that she was privy to many of the Hughsons’ secrets concerning this detestable confederacy; but when she was admitted to the Hughsons, under the circumstances of conviction and condemnation for the conspiracy, they most probably prevailed with her to persevere in her obstinacy, to the end to cover their own guilt, since they were determined to confess nothing themselves; and they might drive her to desperation by subtle insinuations, that the judges she saw after they had picked all they could but of her, whatever expectations she might have raised from her confessions, or hopes she flattered herself with of saving her life upon the merit of them; yet after all, she was brought to trial and condemned for the conspiracy, as well as they; and why should she expect pardon any more than they: and by such like artifices it is probable they might stop her mouth, and prevent her making further discovery; and not only so, but then of course prevail with her to recant, as to what she had confessed already.

John Hughson endured the posthumous indignity of being gibbeted in chains, on an island† alongside the already-rotting corpse of his former boon companion Caesar — who had hanged fully a month before.

As an unseasonably hot summer emerged in the weeks ahead, Horsmanden would later report how “Hughson’s Body drip’d and distill’d very much, as it needs must, from the great Fermentation and Abundance of Matter within him,” bloating to “Gigantick” proportions until at last “Hughson’s Corps unable to contain its Load, burst and discharged Pails full of Blood and Corruption” to the disgust of some nearby fishermen “to whom the Stench of it was very offensive.” The progress of this revolting fermentation was one reason guessed by “amused” New Yorkers for a queer phenomenon, that as they dangled in their manacles,

Hughson was turned Negro, and Vaarck’s Caesar a White; and when they came to put up York in Chains by Hughson (who was hung upon the Gibbet three Weeks before [and not yet exploded from his fermentation -ed.]) so much of him as was visible, viz. Face, Neck, Hands and Feet, were of a deep shining Black, rather blacker than the Negro placed by him, who was one of the darkest Hue of his Kind; and the Hair of Hughson’s Beard and Neck (his Head could not be seen, for he had a Cap on) was curling like the Wool of a Negro’s Beard and Head; and the Features of his Face were of the Symmetry of a Negro Beauty; the Nose broad and flat, the Nostrils open and extended, the Mouth wide, Lips full and thick, his Body, (which when living, was tall by the View upwards of six Feet, but very meagre) swell’d to a Gigantick Size; and as to Caesar (who, tho’ executed for a Robbery, was also one of the Head Negro Conspirators, had been hung up in Chains a Month before Hughson, and was also of the darkest Complexion) his Face was at the same Time somewhat bleach’d or turned whitish; insomuch that it occasion’d a Remark, That Hughson and he had changed Colours.

* In New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, Jill Lepore — who believes that the “plot” was fictitious — unpacks a confusing part of the 1737-1738 backstory that might help us straddle the space between reality and fantasy in this strange case.

Lepore suggests that the city’s controversial Freemasons club, which was then prominent enough for active parody in the city’s press, led John Hughson to form a mock secret society at his cronies’ saturnalias whose joke “initiations” had downtrodden friends and even casual acquaintances boozily (but jestingly) vow to torch the city. During the (actual or perceived) arson wave of 1741, New York’s court would read a far more sinister intent to this sort of talk, and there are consequent references in the trial records to a “three-year conspiracy.”

** Much later in his narrative, Horsmanden gets around to an indeterminate speculation that the red spots on John Hughson’s cheeks might have been the product of his attempting to cheat the executioner with an insufficient poison. Evidently this was a rumor abroad in New York, though Horsmanden doubted the truth of it.

† The gibbet stood “near the powder-house,” which places it on a small island — long since gobbled up by the metropolis — within the marshes of Collect Pond. That’s around the present-day park named for Thomas Paine, which is just south of what’s now Collect Pond Park and at the time stood outside of the city’s main settlement.

Once an essential source of fresh water for Manhattanites, Collect Pond soon became overtaxed by the growing population and polluted by its use as a common sewer, devolving into a foetid slough. This public health hazard was destined for a grand future in New York’s crime annals, for once it was filled in the streets above it became New York’s legendary underworld nest, the Five Points. They were also the original site of The Tombs prison, which had structural problems from its outset due to land subsiding into the buried quagmire.


The Powder House, marked on a 1766 map of New York. (See large original version here.)

Part of Corpses Strewn: New York’s Slave Conspiracy of 1741.

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1741: Cook, Robin, Caesar and Cuffee

Add comment June 9th, 2016 Headsman

On this date in 1741, four black men were burned in New York City.

This is the third execution date in that year’s great suppression of a purported slave conspiracy, and it is here that its wantonly inquisitorial character clearly comes to the fore. Accusations under the gallows (or in this case, the pyres) topple like domino-tiles into fresh arrests and new accusations, until from a couple of luckless thieves there are 30-plus souls in the grave.

Eleven days prior, when two slaves named Cuffee and Quack had burned at the stake for this sensational plot, a sham offer of clemency had been extended them with the very fagots beneath their feet. Under this extortion the men had owned the plot, a confession the court privileged as the truth of dying men (for they were burnt anyway, despite their compliance), they duly named as co-conspirators several of those we find in the next tranch of slaves tried before the colony’s highest court.

(We must do Cuffee and Quack the justice of noting that by the time they burned, all those who were to be tried next were already in jail with them, arrested upon the information of another fellow-slave informing to save his own skin. Perhaps the men at the stake supposed their fellows already burnt flesh, and their own accusations strictly ornamental.)

By this point in events, the court was convinced past arguing that a white barkeep named Hughson (whose own Executed Today entry is fast approaching) had played host to large meetings of New York’s Negros, where they drank together and leered at the white servant and toasted one another’s plans to destroy the city. When slaves were wrung for information about the “plot” it was largely to name those who had participated in these supposed meetings. But since a master conspiracy against white New York was now presumed — its alleged leaders had been the first to die — little was required to damn a man but to place him at one of these slaves’ sabbaths. Trials could now become quite perfunctory on any one person’s actual role or misdeeds: just tie him to the satanic cabal.

Even the crown’s own opening statement to the court on June 8 basically promised to mail it in.

It will, I doubt not, appear to you, upon hearing our Witnesses for the King on this Trial, that these six Negroes are some of the Conspirators who combined with those principal Incendiaries, Hughson and his Family, to set on fire the King’s House, and this whole Town, and to kill and murder the Inhabitants.

But as I have already, upon the Trial of the Negro Quack, for burning the King’s House, and of another Negro called Cuffee, for burning Mr. Philipse’s Storehouse, and likewise on the last Trial of Hughson, his Wife and Daughter, and Kerry, endeavoured to set forth their Heinousness of so horrible and detestable a Conspiracy; and the Dangers this City and Province may still be exposed to, until Examples are made of all such as have been concerned in this most wicked Plot; I think I have no Need upon this Trial, to say any Thing further on either of these Heads; not doubting but when you have heard the Crimes which these Criminals stand charged with, proved against them, you will find them Guilty.

The six in question were appended to the horrible and detestable Conspiracy as bullet points in depositions full of denunciations: namely, by the white servant Mary Burton, who was the Abigail Williams character of this particular witch hunt; by Cuffee’s and Quack’s tricked confession at the stake; and by three other slaves — Sandy, Sarah,* and Fortune — who had all been arrested themselves and gave their evidence under the pall of their own probable execution for any failure in cooperation.**

The court would surely reply here that such a society can rarely be penetrated but by dirty hands and compromised witnesses.** Seen in such a light, the roles imputed to these six would have been terrifying.

  • Jack was a “captain” in the cell and resolved “his Knife was so sharp, that if it came a-cross a white Man’s Head, it would cut it off” (according to Sandy); he with Cook “used to be at the Meetings at Hughson’s, when they were talking of firing the Town and murdering the People” (Mary Burton)
  • Cuffee and Caesar “fired Van Zant’s Storehouse” (according to the dying confessions of both Quack and the previous Cuffee) with Caesar declaring for good measure that “he would kill the white Men, and drink their Blood to their good Healths: This about a Fortnight or Three Weeks before the Fort burnt.” (Sandy)
  • Robin “had a Knife there, and sharpened it; and consented to help kill the white Men, and take their Wives.” (Sandy)
  • Jamaica “(being a Fidler) said, he would dance over [white New Yorkers] while they were roasting in the Flames; and said, he had been Slave long enough.” (Mary Burton)

There is at times a suspicious confluence of language — and a repeated fixation on black men seizing white women — that suggest the interrogator’s influence. Nevertheless, depositions overlapping on a number of key points have persuaded not only the slaves’ jurors but some of their latter-day interlocutors that they truly were party to a most audacious design. Every one of them was condemned to death. Jamaica, the fiddler, received the liberality of a three-day wait; the other five were all to burn the very next afternoon — June 9, 1741.

Their actual execution is a one-sentence afterthought in a record already by the morrow speeding along to the next proceedings: “This Day also, The Negroes Cook, Robin (Chamber’s) Caesar (Peck’s) Cuffee (Gomez’s) were executed according to Sentence.” The reader will notice that where five were doomed, only four have died. The fifth, Jack — that fell captain whetting his sharp blade for white throats — was busy that morning saving his own neck by supplying evidence for the crown, straight from the center of the plot. So Jack instead remained in the courtroom, detailing for his prosecutors (soon to be his pardoners) a fresh roster of prey, even as his comrades were wrenched from the courthouse’s basement jail and set alight in downtown Manhattan.

* Our very partial compiler Daniel Horsmanden admits that this witness “was one of the oddest Animals amongst the black Confederates, and gave the most Trouble in her Examinations; a Creature of an outragious Spirit: When she was first interrogated upon this Examination about the Conspiracy, she absolutely denied she knew any Thing of the Matter … her Conduct was such upon the Whole, that what she said, if not confirmed by others, or concurring Circumstances, could not deserve entire Credit.”

** In fact, the court did make this argument (“if Pagan Negroes could not be received as Witnesses against each other … [then] the greatest Villanies would often pass with Impunity”), for it was also defending itself as early as July of 1741 against contemporary whites who doubted that any actual terrorist conspiracy existed among the slaves. The anonymous New England critic whose letter surviving to us compares New York in 1741 to Salem in 1692 noticed “that such Confessions unless some certain Overt Act appears to confirm the same are not worth a Straw; for many times they are obtained by foul means, by force or torment, by Surprise, by flattery, by Distraction, by Discontent with their circumstances, through envy that they may bring others into the same condemnation, or in hopes of a longer time to live, or to die an easier death.” This was a soul ahead of its time.

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1741: Cuffee and Quack, “chained to a stake, and burnt to death”

Add comment May 30th, 2016 Headsman

This date in 1741 marked the first official execution for the alleged New York slave conspiracy of 1741.

Nineteen days before, two slaves named Caesar and Prince had hanged, nominally for theft but believed by the populace (and the court) primary instigators of a staggering plot to put New York to the torch, murder the city’s whites, and reign as kings on the ashes of their masters’ city.

Cuffee was, alongside those already-executed Caesar and Prince, part of a trio of slaves known to hang about together at the house of barkeep and fence John Hughson. Already notorious about town for a gin-robbing incident that had seen all three publicly whipped in 1738, and had again burgled a linen store that February. (That’s the crime for which Caesar and Prince were executed.)

The evidentiary chain linking these commonplace prowlers to a spate of fires whose intent must be the annihilation of the city leaves quite a bit to be desired, but the burning spring of 1741 helped solder them together in part thanks to a white New Yorker spying Cuffee in what he thought was a suspicious position during a fire and raising the alarm. Cuffee fled, back to the home of Adolph Philipse — his owner, and also the uncle of one of the judges who would eventually condemn him — where a crowd of incited freemen chased him down and hauled him to gaol, “borne upon the People’s Shoulders.” His skulking seemed to confirm a widening suspicion, spiced by the mother country’s going war against dusky Spaniards, that the city’s Negroes must surely lurk behind a fortnight’s infernos. From this point on it appears as if New Yorkers — or at least the city’s elites — determined by consensus that they “must necessarily conclude, that [the fires] were occasioned and set on Foot by some villainous Confederacy of latent Enemies amongst us.”

Now, this appearance of consensus is an impression nearly three centuries distant, and is heavily shaped by the circumstance that there’s one predominant voice surviving the ravages of years to document for us the official proceedings: Daniel Horsmanden, who both judged and investigated the case and is thus heavily invested in its outcome. His A Journal of the Proceedings in the Detection of the Conspiracy Formed by Some White People, in Conjunction With Negro and Other Slaves, for Burning the City of New-York in America and Murdering the Inhabitants is Horsmanden’s record of how the plot or “plot” was uncovered; it was assembled in 1742 and presents trial and deposition records curated by Horsmanden with a view to persuading “such as have a Disposition to be convinc’d, and have in Reality doubted, whether any particular Convicts had Justice done them or not” — for by this time such doubts were dogging Horsmanden’s court, having hounded 30-odd people to death on evidence that was already viewed as highly impeachable.

There had been some wanton, wrong-headed Persons amongst us, who took the Liberty to arraign the Justice of the Proceedings, and set up their private Opinions in Superiority to the Court and Grand Jury; tho’ God knows (and all Men of Sense know) they could not be Judges of such Matters; but nevertheless, they declared with no small Assurance (notwithstanding what we saw with our Eyes, and heard with our Ears, and every one might have judg’d of by his Intellects, that had any) That there was no Plot at all!

Whether the entire slave conspiracy to burn New York was a phantom, or whether it did indeed reflect in whatever distorted way a some real mode of resistance, is a factual question that is permanently unanswerable.* But the cases certainly took on a witch hunt quality, and they bore many hallmarks of wrongful conviction that are familiar even today.

Our first two hangings, Caesar and Prince, were doomed by the decision of John Hughson’s teenage serving-girl to turn state’s evidence and denounce them. As Cuffee and Quack would be the first people formally tried for the arson wave, her evidence was buttressed in this case by another common prosecutor’s cheat: the prison snitch.

A (white) petty thief named Arthur Price, who was being held in New York’s dungeon along with the growing ranks of suspected terrorists, helpfully began informing on the people around him. It’s likely he was a longstanding underclass crony of the purported plotters.

At any rate, the civic-minded Price, “having been found by experience to be very adroit at pumping out the Secrets of the Conspirators … was ordered to put Cuffee (Mr. PHILIPSE’s Negro) into the same Cell with him, and to give them a Tankard of Punch now and then, in order to chear up their Spirits, and make them more sociable.” What do you know but the next morning, Price was ready to report that his inebriated cellmate had admitted the conspiracy to him, and had implicated Quack as the man who actually fired the fort.

Quack was promptly arrested. Arthur Price would give evidence against both at their trial, but having made himself an obvious stool pigeon his use as an informant was at an end since nobody would go near him any longer.

More key information against Cuffee and Quack came from two other slaves, whose “Negro evidence” — a distinct class of (significantly derogated) proof in New York courts — would also have been controversial. The crown’s attorney prosecuting the case felt obliged to go out of his way to justify to the jury the unsworn testimony of “Pagan Negroes” on the grounds that without such, “the greatest Villanies would often pass with Impunity.” But pagan or no, both Sandy (a minor) and Fortune were also men who were suspect in the plot. Perhaps as black slaves their king’s evidence could not be as strong as that of the white servant Mary Burton — but it might still be strong enough to save their lives. Sandy spent a week in the dungeon amid his alleged confederates, after which he was hauled before the grand jury and leaned upon until he cracked.

They told him, if he would speak the Truth, the Governor would pardon him, though he had been concerned in them; and this was the Time for him to save his Life by making a free and ingenuous Confession; or in Words to this Purpose. He answered, That the Time before after that the Negroes told all they knew, then the white People hanged them. The Grand Jury assured him, that it was false; for that the Negroes which confessed the Truth and made a Discovery, were certainly pardoned, and shipped off: [which was the Truth] And upon this Assurance he began to open, and gave the following Evidence.

Quack, Sandy said, had solicited Sandy to help him burn down Fort George — and Cuffee “said, D–m him, that hang him or burn him, he would set fire to the Town.” Fortune was among the numerous other names he named — whose “Design was to kill all the Gentlemen, and take their Wives, and that Quack and Cuffee were particular Persons that talked so.”

Strangely, before they suffered at the stake Cuffee and Quack were suffered to conduct a hopeless defense of their own — “indulged with the same Kind of Trial as is due to Freemen, though they might have been proceeded against in a more summary and less favourable Way,” in the crown’s summing-up. This was more than they were entitled to as slaves, and they used the court’s liberality to summon ten witnesses in an attempt to establish good character and alibi; notably, Quack’s owner John Roosevelt avowed that “Quack was employed most Part of that Morning the Fort was fired, from the Time they got up, in cutting away the Ice out of the Yard; that he was hardly ever out of their Sight all that Morning, but a small Time while they were at Breakfast; and that they could not think he could that Morning have been [from] their House so far as the Fort.” But even from a white property owner, these words were far too little against a consensus that had been shaped seemingly from the belly of the conspiracy — from Mary Burton’s evidence and Arthur Price’s evidence and Sandy’s and Fortune’s evidence: that Quack’s were the hands that set the most damaging fire in the arson campaign, and that Cuffee’s, along with Caesar’s and Prince’s, were the hands that directed him.

Their condemnation was a mere formality, albeit one whose rhetorical opportunities the court did not mean to neglect.

You both now stand convicted of one of the most horrid and detestable pieces of villainy, that ever satan instilled into the heart of human creatures to put in practice; ye, and the rest of your colour, though you are called slaves in this country; yet you are all far, very far, from the condition of other slaves in other countries; nay, your lot is superior to that of thousands of white people. You are furnished with all the necessaries of life, meat, drink, and clothing, without care, in a much better manner than you could provide for yourselves, were you at liberty; as the miserable condition of many free people here of your complexion might abundantly convince you. What then could prompt you to undertake so vile, so wicked, so monstrous, so execrable and hellish a scheme, as to murder and destroy your own masters and benefactors? nay, to destroy root and branch, all the white people of this place, and to lay the whole town in ashes.

I know not which is the more astonishing, the extreme folly, or wickedness, of so base and shocking a conspiracy; for as to any view of liberty or government you could propose to yourselves, upon the success of burning the city, robbing, butchering, and destroying the inhabitants; what could it be expected to end in, in the account of any rational and considerate person among you, but your own destruction? And as the wickedness of it, you might well have reflected, you that have sense, that there is a God above, who has always a clear view of all your actions, who sees into the utmost recesses of the heart, and knoweth all your thoughts; shall he not, do ye think, for all this bring you into judgment, at that final and great day of account, the day of judgment, when the most secret treachery will be disclosed, and laid open to the view, and everyone will be rewarded according to their deeds, and their use of that degree of reason which God Almighty has entrusted them with.

Ye that were for destroying us without mercy, ye abject wretches, the outcasts of the nations of the earth, are treated here with tenderness and humanity; and, I wish I could not say, with too great indulgence also; for you have grown wanton with excess of liberty, and your idleness has proved your ruin, having given you the opportunities of forming this villainous and detestable conspiracy; a scheme compounded of the blackest and foulest vices, treachery, blood-thirstiness, and ingratitude. But be not deceived, God Almighty only can and will proportion punishments to men’s offences; ye that have shewn no mercy here, and have been for destroying all about ye, and involving them in one general massacre and ruin, what hopes can ye have of mercy in the other world? For shall not the judge of all the earth do right? Let me in compassion advise ye then; there are but a few moments between ye and eternity; ye ought therefore seriously to lay to heart these things; earnestly and sorrowfully to bewail your monstrous and crying sins, in this your extremity; and if ye would reasonably entertain any hopes of mercy at the hands of God, ye must shew mercy here yourselves, and make what amends ye can before ye leave us, for the mischief you have already done, by preventing any more being done. Do not flatter yourselves, for the same measure which you give us here, will be measured to you again in the other world; ye must confess your whole guilt, as to the offences of which ye stand convicted, and for which ye will presently receive judgment; ye must discover the whole scene of iniquity which has been contrived in this monstrous confederacy, the chief authors and actors, and all and every the parties concerned, aiding and assisting therein, that by your means a full stop may be put to this horrible and devilish undertaking. And these are the only means left ye to shew mercy; and the only rea­sonable ground ye can go upon, to entertain any hopes of mercy at the hands of God, before whose judgment seat ye are so soon to appear.

Ye cannot be so stupid, surely, as to imagine, that when ye leave this world, when your souls put off these bodies of clay, ye shall become like the beasts that perish, that your spirits shall only vanish into the soft air and cease to be. No, your souls are immortal, they will live forever, either to be eternally happy, or eternally miserable in the other world, where you are now going.

If ye sincerely and in earnest repent you of your abominable sins, and implore the divine assistance at this critical juncture, in working out the great and momentous article of the salvation of your souls; upon your making all the amends, and giving all the satisfaction which is in each of your powers, by a full and complete discovery of the conspiracy, and of the several persons concerned in it, as I have observed to ye before, then and only upon these conditions can ye reasonably expect mercy at the hands of God Almighty for your poor, wretched and miserable souls.

Here ye must have justice, for the justice of human laws has at length overtaken ye, and we ought to be very thankful, and esteem it a most merciful and wondrous act of Providence, that your treacheries and villainies have been discovered; that your plot and contrivances, your hidden works of darkness have been brought to light, and stopped in their career; that in the same net which you have hid so privly for others your own feet are taken: that the same mischief which you have contrived for others, and have in part executed, is at length fallen upon your own pates, whereby the sentence which I am now to pronounce will be justified against ye; which is,

That you and each of you be carried from hence to the place from whence you came, and from thence to the place of execution, where you and each of you shall be chained to a stake, and burnt to death; and the lord have mercy upon your poor, wretched souls.

That sentence came down on May 29.

It was implemented the very next day, amid a mob scene.

With Quack and Cuffee staked to their pyres, they were harried to admit the plot with the promise of a reprieve from their horrible sentence. Even if mercy would only amount to moderating death by burning into death by hanging, it would be well worth having — and the frightened slaves grasped at the small succor left them.

The spectators at this execution were very numerous; about three o’clock the criminals were brought to the stake, surrounded with piles of wood ready for setting fire to, which the people were very impatient to have done, their resentment being raised to the utmost pitch against them, and no wonder. The criminals shewed great terror in their countenances, and looked as if they would gladly have discovered all they knew of this accursed scheme, could they have had any encouragement to hope for a reprieve. But as the case was, they might flatter themselves with hopes: they both seemed inclinable to make some confession; the only difficulty between them at last being, who should speak first. Mr. Moore, the deputy secretary, undertook singly to examine them both, endeavoring to persuade them to confess their guilt, and all they knew of the matter, without effect; till at length Mr. Roosevelt [Quack’s owner, who testified for his alibi -ed.] came up to him, and said he would undertake Quack, whilst Mr. Moore examined Cuffee; but before they could proceed to the purpose, each of them was obliged to flatter his respective criminal that his fellow sufferer had begun, which stratagem prevailed: Mr. Roosevelt stuck to Quack altogether, and Mr. Moore took Cuff’s confession, and sometimes also minutes of what each said; and afterwards upon drawing up their confessions in form from their minutes, they therefore intermixed what came from each.

Thus induced by prevaricating confessors amid a mob baying for their blood, both Quack and Cuffee implicated Hughson as the originator of the plot, and themselves as early principals, and named a good many others besides. (Quack also at last claimed responsibility for firing Fort George, as the court had found.)

But the quid for their quo was not the promised abatement of their sufferings. As Sandy had worried to the grand jury in a different context, white men’s reassurances to slave rebels whom they meant to destroy could prove … unreliable.

After the confessions were minuted down (which were taken in the midst of great noise and confusion) Mr. Moore desired the sheriff to delay the execution until the governor be acquainted therewith, and his pleasure known touching their reprieve; which, could it have been effected, it was thought might have been means of producing great discoveries; but from the disposition observed in the spectators, it was much to be apprehended, there would have been great difficulty, if not danger in an attempt to take the criminals back. All this was represented to his honour; and before Mr. Moore could return from him to the place of execution, he met the sheriff upon the common, who declared his opinion, that the carrying the negroes back would be impracticable; and if that was his honour’s order it could not be attempted without a strong guard, which could not be got time enough; and his honour’s directions for the reprieve being conditional and discretionary, for these reasons the execution proceeded.

* For contrasting perspectives, Peter Linebaugh and Marcus Rediker present this as a real instance of working-class rebellion in The Many-Headed Hydra, while Jill LePore’s New York Burning approaches it as mostly a concoction.

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1741: Caesar and Prince, leaders of a plot to burn New York?

Add comment May 11th, 2016 Headsman

The first executions for New York’s 1741 fires took place on this date in 1741, several weeks before any others. They were two slaves of regal name: Caesar, the property of a baker named John Vaarck, and Prince, who was owned by the merchant John Auboyneau.

The first thing to know about these two men is that they were arrested in the first days of March … more than two weeks before fire consumed Fort George and initiated Gotham’s burning season. Though Prince was out on bail (as were the tavern owners John and Peggy Hughson, also arrested at the same time), Caesar and his white lover Peggy Kerry had been under lock and key throughout the supposed arson spree, awaiting trial for burglary.

Days prior to their arrest, they had contrived to unlock a window and steal coins plus £60 of linen merchandise from the shop of Rebecca Hogg. These men were indeed thieves, and they had a reputation in a town still intimately small (12,000 or so). Back in 1738, Caesar and Prince — along with Cuffee, who in 1741 would again be esteemed their third triumvir — had been carted shirtless through a Manhattan winter’s day, “attended by a Number of Spectators of all Degrees Ages and Sizes, and were continually complimented with Snow Balls and Dirt, and at every Corner had five Lashes with a Cowskin well laid on each of their naked black Backs.” (New York Gazette) The reason was that, in a celebratory mood, the three had broken into a pub and stolen its gin, thereafter toasting themselves the Geneva Club in celebration. They used the liquor as part of a mock initiation ceremony, travestying for their own fraternity the outlandish rites of New York’s white Freemasons. This in turn had led to them christening themselves as Black Masons.

As Jill Lepore notes in New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, the existence of this mock secret society would be conflated for the prosecutors of the 1741 burnings with a three-year plot to destroy New York.

This alliance of minor crooks was so obvious a target that the bailed-out Prince was re-arrested two days after Fort George burned, at the order of New York’s mayor. Round up the usual suspects!

They are also, collectively, the Patient Zero for that city’s epidemic of incendiary accusations. We can even date the first onset: April 22, 1741. That’s the day the Hughsons’ servant Mary Burton provided to Daniel Horsmanden‘s grand jury the crucial testimony that would cast their society as not merely deviant, but menacing. After making a great show of refusing to give evidence, Burton sang when threatened with the prospect of joining Caesar, Prince, Peggy Kerry, and the Hughsons in city hall’s cellar jail. Mary was no fool: far better the star witness in court than the undercard attraction at the gallows.

And when she started talking, she had a shocking story to tell them — one that would firmly fix upon the accused the city’s rampant rumors and speculations about a black plot.

Accordingly, she being sworn, came before the grand jury; but as they were proceeding to her examination, and before they asked her any questions, she told them she would acquaint them with what she knew relating to the goods stolen from Mr. Hogg’s, but would say nothing about the fires.

This expression thus, as it were providentially, slipping from the evidence, much alarmed the grand jury; for, as they naturally concluded, it did by construction amount to an affirmative, that she could give an account of the occasion of the several fires; and therefore, as it highly became those gentlemen in the discharge of their trust, they determined to use their utmost diligence to sift out the discovery, but still she remained inflexible, till at length, having recourse to religious topics, representing to her the heinousness of the crime which she would be guilty of, if she was privy to, and could discover so wicked a design, as the firing houses about our ears; whereby not only people’s estates would be destroyed, but many persons might lose their lives in the flames: this she would have to answer for at the day of judgment, as much as any person immediately concerned, because she might have prevented this destruction, and would not; so that a most damnable sin would lie at her door; and what need she fear from her divulging it; she was sure of the protection of the magistrates? or the grand jury expressed themselves in words to the same purpose; which arguments at last prevailed, and she gave the following evidence, which however, notwithstanding what had been said, came from her, as if still under some terrible apprehensions or restraints.

Deposition, No. 1. — Mary Burton, being sworn, deposeth,

1. “That Prince and Caesar brought the things of which they had robbed Mr. Hogg, to her master, John Hughson’s house, and that they were handed in through the window, Hughson, his wife, and Peggy receiving them, about two or three o’clock on a Sunday morning.

2. “That Caesar, Prince, and Mr. Philipse’s* negro man (Cuffee) used to meet frequently at her master’s house, and that she had heard them (the negroes) talk frequently of burning the fort; and that they would go down to the fly and burn the whole town; and that her master and mistress said, they would aid and assist them as much as they could.

3. “That in their common conversation they used to say, that when all this was done, Caesar should be governor, and Hughson, her master, should be king.

4. “That Cuffee used to say, that a great many people had too much, and others too little; that his old master had a great deal of money, but that, in a short time, he should have less, and that he (Cuffee) should have more.

5. “That at the same time when the things of which Mr. Hogg was robbed, were brought to her master’s house, they brought some indigo and bees wax, which was likewise received by her master and mistress.

6. “That at the meetings of the three aforesaid negroes, Caesar, Prince, and Cuffee, at her master’s house, they used to say, in their conversations, that when they set fire to the town, they would do it in the night, and as the white people came to extinguish it, they would kill and destroy them.

7. “That she has known at times, seven or eight guns in her master’s house, and some swords, and that she has seen twenty or thirty negroes at one time in her master’s house; and that at such large meetings, the three aforesaid negroes, Cuffee, Prince, and Caesar, were generally present, and most active, and that they used to say, that the other negroes durst not refuse to do what they commanded them, and they were sure that they had a number sufficient to stand by them.

8. “That Hughson (her master) and her mistress used to threaten, that if she, the deponent, ever made mention of the goods stolen from Mr. Hogg, they would poison her; and the negroes swore, if ever she published, or discovered the design of burning the town, they would burn her whenever they met her.

9. “That she never saw any white person in company when they talked of burning the town, but her master, her mistress, and Peggy.”

This evidence of a conspiracy, not only to burn the city, but also destroy and murder the people, was most astonishing to the grand jury, and that any white people should become so abandoned as to confederate with slaves in such an execrable and detestable purpose, could not but be very amazing to everyone that heard it; what could scarce be credited; but that the several fires had been occasioned by some combination of villains, was, at the time of them, naturally to be collected from the manner and circumstances attending them.

By the summer, Mary Burton’s credibility was shot. But for months before her fall from public confidence, the town fence’s 16-year-old servant sent many slaves and some whites too scrambling to protect themselves, unfolding a warren of defensive silences, opportunistic denials, and pay-it-forward name-naming that would flesh out the “twenty or thirty negroes” and more.

Caesar and Prince were just the low-hanging fruit. Languishing in jail and already charged with a theft that could be constructed as a capital crime, their now-certain doom became the leverage used against their white co-accused. Before they died, they would see Caesar’s lover Peggy Kerry, the mother of his son,** “admit” the plot — desperate gambit that would not in the end save her, either.

The court did not bother to keep them around for the arson trials that would come, but it was clear at Caesar and Prince’s sentencing (May 8, 1741) that it wasn’t the stolen linens that were on Judge Philipse’s mind.

I have great reason to believe, that the crimes you now stand convicted of, are not the least of those you have been concerned in; for by your general characters you have been very wicked fellows, hardened sinners, and ripe, as well as ready, for the most enormous and daring enterprises especially you, Caesar: and as the time you have yet to live is to be but very short, I earnestly advise and exhort both of you to employ it in the most diligent and best manner you can, by confessing your sins, repenting sincerely of them, and praying God of his infinite goodness to have mercy on your souls: and as God knows the secrets of your hearts, and cannot be cheated or imposed upon, so you must shortly give an account to him, and answer for all your actions; and depend upon it, if you do not truly repent before you die, there is a hell to punish the wicked eternally.

And as it is not in your powers to make full restitution for the many injuries you have done the public; so I advise both of you to do all that in you is, to prevent further mischief’s, by discovering such persons as have been concerned with you, in designing or endeavouring to burn this city, and to destroy its inhabitants. This I am fully persuaded is in your power to do if you will; if so, and you do not make such discovery, be assured God Almighty will punish you for it, though we do not:† therefore I advise you to consider this well, and I hope both of you will tell the truth.

The condemned slaves did not gratify their persecutors with any such discoveries.

MONDAY, MAY 11

Caesar and Prince were executed this day at the gallows, according to sentence. They died very stubbornly, without confessing any thing about the conspiracy; and denied they knew any thing of it to the last. The body of Caesar was accordingly hung in chains.

These two negroes bore the characters of very wicked idle fellows; had before been detected in some robberies, for which they had been publicly chastised at the whipping-post, and were persons of most obstinate and untractable tempers; so that there was no expectation of drawing any thing from them which would make for the discovery of the conspiracy, though there seemed good reason to conclude, as well from their characters as what had been charged upon them by information from others, that they were two principal ringleaders in it amongst the blacks. It was thought proper to execute them for the robbery, and not wait for the bringing them to a trial for the conspiracy, though the proof against them was strong and clear concerning their guilt as to that also; and it was imagined, that as stealing and plundering was a principal part of the he1lish scheme in agitation, amongst the inferior sort of these infernal confederates, this earnest of example and punishment might break the knot, and induce some of them to unfold this mystery of iniquity, in hopes thereby to recommend themselves to mercy, and it is probable, that with some it had this effect.

* Frederick Philipse, also one of the judges in this case. As already noted, the city was intimately small.

** An infant at the time events unfold here, the child presumably died as it disappears from the record about the time Peggy Kerry was arrested.

† Many other slaves burned for the purported conspiracy instead of “merely” hanging; this surely would have been the fate of Caesar and Prince had they been formally convicted of leading a plot to fire the city. But it’s still not quite the case that they weren’t punished for the fires: slaves being valuable property, it’s rather doubtful that they would have been executed for the linen thefts absent the subsequent security panic.

Part of the set Corpses Strewn: New York’s Slave Conspiracy of 1741.

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1756: Owen Syllavan

Add comment May 10th, 2016 Headsman

Colonial counterfeiter Owen Syllavan (Sullivan) was executed in New York on this date in 1756.

An Irish runaway, Syllavan followed an indenture to the North American colonies and wound up enlisted in the army during the French and Indian War. As a militia armorer, he picked up the smithing skills with which he would later turn out plates to to clone the colonies’ bills of exchange.

Anthony Vaver, author of Bound With An Iron Chain: The Untold Story of How the British Transported 50,000 Convicts to Colonial America, tells the charming crook’s story on Vaver’s blog Early American Crime; click onward to find out whether Syllavan’s gallows appeal for his 29 confederates to get out of the currency fraud game saved their necks.*

* Anthony Vaver has also guest-blogged for Executed Today.

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1854: John Hendrickson, junk science victim

Add comment May 5th, 2016 Headsman

On this date in 1854, an Albany, N.Y. man named John Hendrickson hanged for the murder by aconite poisoning of his wife, Maria. “He has suffered the highest penalty of the law,” New York’s Weekly Herald pronounced the next day — “but whether justly or not, will likely never be known on earth.”

Whatever the prisoner’s denials,* a web of suspicious circumstances clasped the hemp around his throat. Hendrickson, whose family had some money and connections, fought the conviction tooth and nail; his then-unusual three appeals, plus clemency petition to the governor, stretched the time from conviction to execution out to nearly a year. “The evidence adduced … was so entirely circumstantial, and the testimony of the scientific men so liable to doubt and contradiction, that it was generally feared the murderer would escape,” a Boston Post correspondent reported.** But not to worry: “the atmosphere of guilt seemed to surround him in the whole county; not a man could be found that, at heart, believed him innocent.” We’re scarcely prepared at this distance to assert an affirmative case for the man’s innocence, but in some ways it reads like an antebellum Cameron Willingham case, all the way down to the dubious forensic evidence.

Like Willingham, Hendrickson was a less than stellar husband. He was noted for abusing his wife, philandering, and doing both together when he “communicated to her a loathsome veneral disease.”

The supposed murder motivation was his wife’s recent inheritance of the estate of her father, who died just a few months before the murder. Little could really be proven save by inference from the man’s bad character; in classic tunnel-vision fashion, the record suggests nearly every data point became fixed according to this theory. For example, Hendrickson’s trial prosecutors read into evidence — in the part of their presentation they called the “Moral Evidence” — that Hendrickson remarked at his wife’s autopsy that “they won’t find arsenic.” You and I might think he’s saying that the examination will dispel the gathering suspicions of poisoning, and saying it by reference to the chemical that was the metonym for poisoning in the nineteenth century. For the state, his uttering these words was

as if he knew (as he undoubtedly did) the precise poison which she had swallowed — as if he knew that that common poison, which is found in most cases of the kind, had not been given by the murderer in this case, and hence they won’t find arsenic. Ah! gentlemen, it was nature speaking out, as she often unconsciously or unguardedly will, disclosing the otherwise well concealed and apparently undiscoverable crime.

(This is why you don’t talk to police.)

The district attorney introduced evidence courtesy of chemists named Salisbury and Swinburne, to the effect that it was no mean arsenic that carried away Maria Hendrickson but the more exotic potion of aconite — derived from a toxic herb seeded (per Ovid) by Cerberus himself.

One can peruse the evidence presented in the case here, but the most remarkable part of this trial record is the appendix — wherein numerous medical men, including a former teacher of Dr. Salisbury, skewer the forensic processes used to decide that Maria Hendrickson died by poison and even offer to reproduce them in person under the eyes of Gov. Horatio Seymour to prove their unreliability. Their findings harshly undercut the only concrete evidence that any murder took place at all.

“I am pained and oppressed with the conviction that the medical witnesses for the prosecution have, in a main point of this case, abused the confidence with which criminal courts so often compliment the man of science,” one writes — words that could still today be applied to many disciplines of junk science that have disappeared bodies into oubliettes on the strength of lie detectors, bite mark analysis, matching hair samples, and suchlike hocus-pocus.

We turn from the contemplation of this subject with feelings of sorrow, not that any of ours have been crushed under the wheels of mutilated justice, set in motion by ignorance and false science, but we feel now, as we have always felt, that a great personal wrong has been committed under the authority of law, for which there can be no atonement, as the dead cannot be brought to life, nor the blasted feelings of the living restored.

It would be well, too, for judges and jurors, who are very often hasty and inconsiderate in letting their feelings and prejudices get the better of their judgment, to remember that life, human life, is neither a toy nor a rattle, but the gift of God; when once extinguished, no matter how, it is gone forever, and the dead never rise again.

-Dr. Charles A. Lee, reviewing the Hendrickson case

* Hendrickson’s final message to his parents via his spiritual advisor, on the eve of his hanging:

To-morrow I am to die, and standing as I do on the brink of eternity, I wish to say to you, in the presence of that God before whom I am so soon to appear, that I am entirely innocent of the crime of murdering my wife. I did not give her poison. I do not know that any one gave her poison. She did not come to her death by violence of any kind, so far as I know. I believe she died a natural death. She did not vomit on the night of her death. [This remark touches the disputed forensic evidence; vomiting would be a symptom of poisoning, and state chemists’ assertion that Maria had done so was among the conclusions challenged by outside scientists. -ed.] I never knew that there was such an article as aconite in the world, until after I was in jail. Nor did I know it by any other name. I do not know that I have anything further to add, except to say some farewell words to my parents. But you will remember what I have said to you, and inform them of it. I wish you to make it public.

** Transcribed here via the Portland (Me.) Advertiser of Apr. 18, 1854.

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1803: Cato, slave of Elijah Mount

Add comment April 22nd, 2016 Headsman

The following confessional and its exhausting run-on sentence arrive courtesy of a pamphlet published at the time and reprinted in Free Blacks, Slaves, and Slaveowners in Civil and Criminal Courts: The Pamphlet Literature.

The Life and Confession of Cato, a Slave of Elijah Mount, or Charlestown in the county of Montgomery, who was executed at Johnstown on the 22d day of April 1803, for the murder of Mary Akins.

Containing many incidents of his life and conduct not before made public. Faithfully written from his own words, while under sentence of death in prison.

LIFE and CONFESSION &c.

In offering to the public the following narrative I feel no other interest than the good of mankind, nor have I any other object in view than to caution the careless and unwary against pursuing that vicious course which has been the means of plunging me at this early period of life into that dreadful dilemma in which I am now involved.

Altho nature had doomed me to a state of obscurity and degradation, I might have remained happy in this unenviable situation, had not the vicious habits I had contracted in the earlier stages of my youth driven me into excesses which have proved my ruin. Pursued by the hand of justice, I have thus early been arrested in my vicious career: drawn from the deep & solitary recesses of obscurity and debasement, to the bar of justice, I am condemned to recieve [sic] the punishment which my guilt has so justly merited, as a warning and example to those I leave behind. It may be somewhat interesting to those I am about to leave to be informed of the causes which have produced those (to me) dreadful effects.

The following pages contain a brief history of my short and wicked life, and such reflections as have been produced in my mind by a retrospective view of my conduct; they are submitted to the public as the last words of a dying sinner.

I am this day seventeen years and five weeks old. I was born of African parents; slaves to Mr. Benjamin Ward of Middlesex county State of New-Jersey, in whose family I lived until about four years ago, previous to which my parents purchased their freedom, and left my master’s family.

My master was a man of very corrupt and immoral habits, subject to habitual intoxication, and most of the vices which flow from that fertile scource [sic] of human depravity. Among other things he almost totally neglected his family concerns, the consequence was that I and my brothers and sisters were left to govern ourselves, and form such habits and principles as our inclinations led us to pursue.

We were not only neglected as to our morals and habits, but were badly provided for with the necessaries of life, our table was but illy supplyed [sic], our cloathing [sic] would scarcely cover our nakedness, much less protect us against the inclemency of the seasons. Thus were we permitted to spend our time in idleness and want, which produced in us an inclination, and afforded us liesure [sic] and opportunities to practise almost all kinds of evil.

I was thus in a manner abandoned by my master and only guardian, in a hopeless state of slavery, with no prospect before me to stimulate my ambition, or direct the youthful ardor that glowed in my breast to the pursuit of any laudable object, I sunk even below the degraded station which nature had assigned me.

I formed connection with such as were willing to associate with me, those were of course a motly tribe of the most abandoned of the human race, among whom it was my chief ambition to become famous, and it may readily be conjectured what was the measure of fame in a society where wickedness was the standard of merit, and lewdness and profanity esteemed the higest [sic] accomplishments of its members.

Hence I became extremely wicked, and subject to almost every vice my tender years were susceptable [sic] of, such as cursing, profane swearing, lying and sabath-breaking [sic; he will repeat this word several times more with the same spelling], with a number of other lewd practice, all which I indulged without restraint, and all my vicious habits increased with my age. My master occasionally chastised me, but this was generally so indiscreetly done, that, instead of a reformation it produced the contrary effect, and I became obstinate and headstrong.

In this situation I lived until I was about thirteen years of age, during which time tho’ I indulged in almost all kinds of wickedness which my tender age was capable of, I do not recollect of having committed any thing legally criminal, except, that I once stole a shilling out of a bakers drawer, with which I bought some cake and shared it with my companions, but being detected, I confessed the fact, and was severely chastised for it.

At length my master dying, his estate fell into the hands of his heirs, who found it so involved that they were under the necessity of selling the personal property. Among the rest I was sold to Mr. Elijah Mount, who then lived in New-Jersey, but afterwards moved to Charlestown, Montgomery county, state of New-York.

I now found my situation entirely changed, my new master was quite the reverse from my old one, he was moral, sober, industrious and frugal, paid great attention to the comfortable support and instruction of his family, nor did he neglect to extend his benevolence to me. He soon laid me under such restraints as in a great measure reformed my external deportment. He totally prohibited my profaneness and instructed me in the principles of christianity, [sic] but, alas! the inbred vicious habits I had contracted in the earlier part of my life, had made such a deep impression on my mind that, altho I found myself under the necessity of complying with his regulations in my conduct, they were far from producing a radical reformation in my principles. On the contrary, I found, that, tho I was constrained to abandon the vicious habits of cursing, profane swearing and sabath=breaking at least publicy, the corrupt principles I had imbibed daily acquired strength as I grew up and became capable of carrying them into effect.

I became lewd to that degree that my lasciviousness overleaped all bounds of discretion, and I indulged it in the most wanton and abominable excesses, so that not even the brutal part of the creation escaped the rage of my unruly passions, the innocent lamb and the loathsome swine indiscriminately became its victims.

I also extended my lewd desires, to those whom nature had placed above me, I however found the gratification of those desires so obstructed by my debased situation, that I could not flatter myself with a hope of indulging them as a favour. I was therefore impelled by their impetuosity to endeavour to obtain by violence what I could not effect by solicitation, I was rash and inconsiderate, destitute of fortitude and circumspection by which I was soon led into the error that now terminates my existence.

The first attempt I made to gratify these lewd desires, was on the body of a young woman in the town of Charlestown whose name for her sake I chuse to with-hold from the public. The circumstances of this nefarious attempt were as follows. It was on a sabath day. I together with some young men of the neighbourhood, who I likewise do not chuse to expose at this time, by publishing their names to the world, were together in an orchard, when this young woman came in. She had by some means or other become obnoxious to them, and soon after she appeared they proposed to me to make an attempt on her chastity, they offering me a small pecuniary compensation, and promised to withdraw to afford me an opportunity, which they accordingly did, while I made the attempt, but I did not succeed, for before I could effect my purpose two of her brothers (small boys) came in sight, and I fled.

This transaction was not disclosed, it is probable the young woman who was the subject of it, from motives of modestly declined complaining, or pursuing measures to bring me to justice; and those who were concerned with me and who ought rather to have protected her agianst any violence offered by me, than to have encouraged me in such an abominable attempt,) could have no motive in divulging a crime in which they themselves were so deeply implicated, and by these means I evaded the punishment which I so justly deserved.

Having thus escaped with impunity, I felt encouraged to pursue my wicked inclinations, my obscurity however prevented my having many opportunities of indulging my passions.

At length however, my attention was attracted by that unfortunate victim of my inordinate passion, who fell a sacrifice to my wantoness, [sic] and ferocity, for which I am now to suffer the just punishment of the law.

Her name was Mary Akins, daughter of Mr. Samuel Akins, of Charlestown, in the county of Montgomery. She was a girl of about twelve years of age, her father lived on a part of my master’s farm, she came to my master’s house on the morning of Sunday the thirteenth day of February last, for the purpose of attending public worship, having heard that a minister was to preach there that day, but being disappointed in her object, and the weather stormy, she remained there til the sun about half an hour high in the afternoon, her father lived about half a mile from my master’s, the road leading across the fields, I had formed a design of making an attempt on her chastity and watched an opportunity to follow her undiscovered, which soon offered, and I as readily embraced, I soon overtook her in an obscure place, where we could not be discovered from either house, with a determination of carrying my nefarious purpose into effect, I passed by her, she appearing offended at my presence, accosted me saying “who wants to keep your company you black devil” I replied I was not going to keep her company, upon which she again accosted me in the same manner adding “you black son of a bitch” to which I made the same reply as before and immediately assaulted her, threw her down, and attempted a violation of her chastity but not effecting it I permitted her to rise, as soon as she found herself disengaged she attempted to escape towards my master’s, threatening to have me brought to justice, upon which my guilt beginning to operate on my mind, and dreading the consequences of a discovery, I determined to prevent it by committing a crime still more heinous, and in an instant determined to deprive her of the power of exposing me, by depriving her of her life I had no sooner come to this resolution than I siezed [sic] a small stone which lay in my way, and I could conveniently hold in one hand, by this time she had advanced about ten or twelve yards from the place where I had made the first attempt upon her towards my master’s, I again assaulted and threw her down, struck her with the stone I held in my hand, on the crown of her head with such force as stunned her and blood issued from her mouth and [obscure], in this situation I again attempted to carry my first design into effect, but was again baffled by her incompetency, I then disengaged from her, blood on my feet and threw the same stone with which I had before struck her on the head, this I repeated twice, and then left her in the agonies of death, and expiring, finding some blood on my hands, I washed them and retired towards home, my conscience had however by this time awakened, and the horrors of my guilt began to agitate my mind, but I endeavoured to sooth my waring [sic] conscience with reflections that I had not been discovered, and that the only one privy to this horrid scene had been deprived of the power of discovering it by the very act that now filled my mind with remorse, under those reflections I had [obscure] some distance, when I began to apprehend, that she might perhaps recover, and have strength enough to reach home, or at least to communicate the transaction and discover its agent, to some one who might pass that way, I therefore returned to the place where I had been engaged in this sanguinary scene, and where its subject lay breathing her last (for she yet breathed.) to remove the apprehensions I had entertained of her revival, I placed two rails crosswise on her neck, and the one end of each under the fence by the side of which she lay, having thus secured her against all possibility of recovering, I retired a second time.

I now returned home, it being about sunset, and no one having noticed my absence, I went about my work as usual, and in about fifteen minutes her brother came in search of her, I heard him making enquiry for her, and passing by him into the house I familiarly asked him what he would think if he should find her dead? to which he replied that he would be much frightened, little thinking that those words carelessly spoken were to be the means of betraying me, they however made a deeper impression on the mind of the young man than I expected; & in searching for the author of this melancholy event, afforded a clue to discover its author, and fixed the suspicion on me.

Soon after the departure of the young man his mother came to my master’s, and informed him that she feared some misfortune had befallen her daughter as her bonnet had been found and she was missing; this excited great consternation, and my master and others went with her in search of her daughter; whom they soon found & carried home. The next morning Mr. Akins came to my master’s and charged me with the crime, informing my master of the grounds of his suspicion: I denied it, but by threats and promises was prevailed upon to confess it at last.

I was immediately bound and carried before Benjamin Van Veghten Esq. for examination, where I made the like confession; as I also did before the Coroner’s inquest. I was then committed to jail for my trial which I had on the 24th of March last, a conviction was a matter of course, my sentence was pathetically delivered by the presiding judge, during which awful scene I remained insensible.

I have since been benevolently attended by the reverend clergy of different denominations, who merit my warmest acknowledgments for their solicitude for my future happiness, I cannot however flatter myself with a hope of mercy; my approaching dissolution exites dreadful sensations in my mind, which I am unable to suppress; my sentence is just but [obscure] reconcile myself to my fate.

The foregoing narrative contains a faithful history of the chief incidents and material transactions of my life, as far as I recollect them; I have no motives to conceal anything; whatever else has been laid to my charge I deny.

Hence let masters learn the necessity of paying due attention to the instruction of their servants, had I not been neglected in my youth, I might have escaped this tragical end.

Let servants learn obedience and resignation, for had I paid due respect to the admonitions of my late master, and contented myself in my late situation, I might yet have been happy; let them also learn to shun the company of that worthless class of citizens, who being despised by their own society seek that of slaves, these are sure guides to destruction, such were those who offered me a reward to commit a rape.

Hence also let parents who profess christianity, (as the parents of these young men did) learn the danger of letting their children stroll about in idleness in such company, especially on sabbath days; and let profaners of that day remark that my worst crimes have been the effects of that sin.

In short let every description of sinners learn the danger of deferring repentance to the cross, if they have one favourable instance, they have a cloud of melancholy examples. I feel the necessity of a Saviour, but my heart is a rock at the door of the sepulcher which I am not able to remove, and I stand on the brink of eternity under the gloomy apprehensions of everlasting misery and despair.

Johnston Jail, April 22d 1803.


Although it sounds as if Cato (or the confessor who obviously composed his testimonial) was pessimistic about the prospects for his everlasting soul, we have firmer information on the unedifying disposition of the youth’s mortal flesh: a Dr. John Ball of Franklinton, Ohio (a settlement today absorbed into the city of Columbus) secured it and kept it in his closet “in order to keep his personal effects secure from the prying eyes of servants. The skeleton was so suspended that should the closet door be opened by one not acquainted with the secret, Cato’s jaws would gnash together and his head would wag in a manner calculated to strike terror into inquisitive female hearts.”

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Entry Filed under: 19th Century,Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,New York,Public Executions,Racial and Ethnic Minorities,Rape,Slaves,USA

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1873: John Gaffney, hanged by a President

Add comment February 14th, 2016 Headsman

On this date in 1873, John Gaffney hanged in Buffalo — the last of two executions conducted by future U.S. President Grover Cleveland.

The man whom future foes on the national stage would deride as the “Buffalo Hangman” got his political start as sheriff for that Erie Canal port. It was the Sheriff’s honor not only to drop the trap on a condemned man like Gaffney, but, in the first days of February, to successfully petition Gov. John Adams Dix* for a short delay pending execution of the sentence.

Having been condemned for a drunken murder the year prior, Gaffney was then engaged in playing vigorously his last card for clemency: “either insane through fear of death or pretending insanity,” as press reports put it. (We find this one all the way down in Texas’s Galveston Tri-Weekly News of Feb. 7, 1873.) “He has become very violent and uses the foulest language to all who approach him. He walks incessantly, and is said to have abused his spiritual adviser in the most outrageous manner to-day, and threw a crucifix at him through the grating.” Most everyone supposed this was a put-on, but a group of physicians wanted some time to examine him for propriety’s sake.

This ruse kept Buffaloans quite excited for the next week, butteressing the already-vigorous movement among its best citizens for sparing Gaffney’s life.

But in the end, his life was only spared for a week.

To give the killer his due, he had the dignity not to continue the pretense once the governor made it clear that the attempt had failed. Sheriff Cleveland delivered to Gaffney the bad news, and with it, an instantaneous return to reason. (Gaffney admitted once again under the gallows that his madness was shammed.)


From the Feb. 12, 1873 New York Herald.

For the whole of his short adult life, and even years before then, Gaffney was a rough customer down in Buffalo’s seedy dockside canal district — where “a life didn’t count for much.”

One night in May the previous year, Gaffney had been on one of his frequent benders through the district’s cutthroat dive bars. While gambling that night at Sweeny’s saloon, he fell into a senseless quarrel with another of his depraved ilk named Patrick Fahey — which ended when Gaffney produced a pistol and the evident intent to use it. Fahey fled as Gaffney fired errantly, making it all the way to the street before his whiskey-addled assailant finally aimed true. The noise of the volley brought a pair of police running — they only ventured into this part of town in pairs — and they arrested Gaffney on the spot while Fahey breathed his last into the iniquitous gutter.

Gaffney’s usual crew zipped their lips. But police were able to find a minstrel named McQueeney who was witness to the mayhem and prepared to talk (and testify) about it.

By the end — after eight months’ worth of legal maneuvers, clemency appeals, and faux-insanity — Gaffney affirmed his guilt to the witnesses who attended his Valentine’s Day hanging, blaming drink for escalating the encounter and regretting that he had not admitted all and thrown himself on the mercy of the court. “I beg pardon for all the crime I have done, and I forgive all who have injured me,” he said. Then at two minutes before noon, the 22nd and 24th** U.S. president touched the spring to open eternity beneath Gaffney’s feet, and efficiently snapped his neck.

* Dix was one-half of the namesake of the Dix-Hill cartel under whose auspices the belligerents of the recent Civil War managed their prisoner exchanges. The breakdown of this exchange system in 1863 helped create the conditions for the humanitarian catastrophe at Andersonville.

** As all U.S. civics nerds know, Grover Cleveland was President from 1885 to 1889, then lost an election to Benjamin Harrison, then defeated Harrison in a rematch in the next election and returned to the Oval Office from 1893 to 1897: the only president who served multiple terms non-consecutively.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,New York,Notable Participants,USA

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1888: Danny Driscoll, Whyo

Add comment January 23rd, 2016 Headsman

On this date in 1888, New York City crime lord Danny Driscoll went to the gallows in the Tombs.

(Co-)leader of the Irish gang the Whyos — so named for a distinctive signaling hoot that once echoed through the Five Points — Driscoll inherited power when his predecessor Mike McGloin hanged in 1884.

This band emerged after the disruptions of the Civil War as Manhattan’s most powerful criminal syndicate. The Whyos’ run in the 1870s and 1880s marks a transitional phase from the wild and woolly Gangs of New York street-brawling era into the more businesslike mafiosos of the 20th century.

Like the Mos Eisley cantina, the Whyos’ seedy tavern of choice (aptly named The Morgue) was notorious for over 100 recorded homicides in gang shootouts and drunken brawls; like Jabba the Hutt, the gang also took a methodical approach to extortion, racketeering, and murder that put the “organized” in their crime. One goon answering to the colorful name Piker Ryan (and old time New York crooks are nothing if not flamboyantly named) was once arrested with an actual ultraviolence menu from which budget-conscious clientele could custom-order thrashings for delivery.

Punching $2
Both eyes blacked $4
Nose and jaw broke $10
Jacked out (knocked out with a Blackjack) $15
Ear chewed off $15
Leg or arm broke $19
Shot in the leg $25
Stab $25.00
“Doing the big job” (murder) $100 and up

These 1884 selections perhaps already represent a moderation from earlier methods; a previous Whyo hoodlum, “Dandy” John Dolan, was noted for the copper eye-gouger he wore on his thumb just in case he needed to — well, you know. Dolan hanged back in 1876.


Wait til they get a load of the clamps.

Driscoll kept a house with his young wife, and was charitable enough also to share it with a whore named “Beezie” Bridget Garrity — with whom Driscoll often caroused in the rough Whyo territory. One night in 1886 their alcoholic peregrinations brought them up against a brothel run by a tough named John McCart(h)y, against whom Driscoll had an existing grudge — and as they entered, Driscoll and McCarty wound up in a threshold gunfight. Beezie Garrity had the bad luck to catch a fatal bullet in the crossfire. Both men would blame each other for firing the shot that killed Garrity, and produce numerous witnesses of variously impaired credibility, but for the city there was no confusion at all: between the two, Driscoll was the man worth getting rid of.

“I’ve got a bad name with the police and they say ‘give a dog a bad name and we’ll hang him,'” Driscoll complained to the court. His criminal record reached back to childhood.

Newspapers in the run-up to the hanging were rife with stories of escape attempts and Whyo menace, but police correctly prophesied that the gang had not the numbers or vigor to make any real disturbance. A cordon of 150 gendarmes around the Tombs saw “small groups of young men with hard, wicked-looking visages whom the police pronounced remnants of the Whyo gang … among them were some of the brazen-faced young women of the class to which Beezie Garrity” belonged. (New Haven Register, Jan. 23, 1888) Driscoll died game, his neck efficiently snapped by a noose of white Italian hemp … which seems by retrospection an apt instrument for his passing.

After Driscoll and his fellow alpha male Danny Lyons both hanged in 1888, the Whyos shrank into memory. They would be overtaken in the 1890s by Monk Eastman‘s gang, one last dinosaur from a fading era of hardscrabble toughs; Eastman was in turn supplanted by the Five Points Gang — a more recognizably sophisticated operation to key the 20th century, composed predominantly of the growing Italian-American emigre demographic that would define organized crime for the Godfather era.

The venerable Bowery Boys podcast of Big Apple history covered the Whyos way back in March 2009.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,New York,Organized Crime,Racial and Ethnic Minorities,USA

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1899: Bailer Decker, Theodore Roosevelt’s first

Add comment January 9th, 2016 Headsman

This report of the New York Times, Jan. 10, 1899, concerns the forgettable murderer whose electrocution was approved on his first day in office by New York’s new governor — Theodore Roosevelt, soon to become President of the United States.

SING SING, N.Y., Jan. 9 — Bailer Decker, the negro wife murderer of Tottenville, Staten Island, died to-day in the electric chair in Sing Sing Prison. The curren was twice turned on, each time with a voltage of 1,780. He was pronounced dead five minutes after the first shock.

Decker met death without flinching. Just before he started from his cell to the execution room he requested of Warden Sage that the other four murderers in the condemned cells be permitted to sing “Comrades.” The Warden granted the request, and Decker joined in the singing with a clear tenor voice.

The witnesses to the execution included H.F. Bridges, Warden of the Massachusetts State Prison, at Charlestown. That State, it is said, is likely to adopt the electric chair. Mr. Bridges expressed himself as pleased with the method of the execution.*

The crime for which Decker was executed was the murder of his wife, a white woman, on May 25 last. Decker was an oysterman, but spent much of his time in saloons. He was jealous, and shot the woman while in a drunken rage. He then fired a bullet into his own abdomen with suicidal intent.

* Indeed, Massachusetts did adopt the electric chair in 1900: it would eventually use this device to kill Sacco and Vanzetti in 1927.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Electrocuted,Execution,Murder,New York,Racial and Ethnic Minorities,USA

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