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1857: Two surviving members of the Aiken Party

Add comment November 28th, 2018 Headsman

On this date in 1857, the Utah Territory finished the extrajudicial executions it had botched three days before.

As we have detailed, Utah’s Mormon authorities had during these months of near-war against federal authorities taken prisoner a party of Californians crossing their territory — the Aiken (or Aikin) Party.

On November 25, four members of that party were murdered by the Mormon guards escorting them out of the state — killings that were quite extrajudicial, but also quite deliberately orchestrated by the stated.

Except, they had only killed two of the four.

Although outnumbered by their attackers and miles from the nearest settlement, somehow two men — perhaps John Aiken and John “Colonel” Eichard or Achard, although we cannot be certain of their identities — survived the bludgeons and staggered, wounded, back to the town of Nephi whose residents could not but take them in: an awkward situation since they still had to be done to death and could not very well be gunned down right there in the town.

We excerpt at length here from J.H. Beadle’s explanatory appendix in the autobiography of frontiersman and confessed Brigham Young hit man Wild Bill Hickman. Beadle was a vituperative anti-Mormon propagandist and his prose runs to the purple, but the core facts of the case are historically well-supported; see David Bigler, “The Aiken Party Executions and the Utah War, 1857-1858,” The Western Historical Quarterly, Winter 2007.

Two died without a struggle. But John Aikin bounded to his feet, but slightly wounded, and sprang into the brush. A shot from the pistol of John Kink laid him senseless. “Colonel” also reached the brush, receiving a shot in the shoulder from Port Rockwell, and believing the whole party had been attacked by banditti, he made his way back to Nephi. “With almost superhuman strength he held out during the twenty-five miles, and the first bright rays of a Utah sun showed the man, who twenty-four hours before had left them handsome and vigorous in the pride of manhood, now ghastly pale and drenched with his own blood, staggering feebly along the streets of Nephi. He reached Bishop Foote’s, and his story elicited a well-feigned horror.

Meanwhile the murderers had gathered up the other three and thrown them into the river, supposing all to be dead. But John Aikin revived and crawled out on the same side, and hiding in the brush, heard these terrible words:

“Are the damned Gentiles all dead, Port?”

“All but one — the son of a b– ran.”

Supposing himself to be meant, Aikin lay still till the Danites left, then, without hat, coat, or boots, on a November night, the ground covered with snow, he set out for Nephi. Who can imagine the feelings of the man? Unlike “Colonel” he knew too well who the murderers were, and believed himself the only survivor. To return to Nephi offered but slight hope, but it was the only hope, and incredible as it may appear he reached it next day. He sank helpless at the door of the first house he reached, but the words he heard infused new life into him. The woman, afterwards a witness, said to him, “Why, another of you ones got away from the robbers, and is at Brother Foote’s.” “Thank God; it is my brother,” he said, and started on. The citizens tell with wonder that he ran the whole distance, his hair clotted with blood, reeling like a drunken man all the way. It was not his brother, but “Colonel.” The meeting of the two at Foote’s was too affecting for language to describe. They fell upon each other’s necks, clasped their blood-spattered arms around each other, and with mingled tears and sobs kissed and embraced as only men can who together have passed through death …

[But] the murderers had returned, and a new plan was concocted. “Colonel” had saved his pistol and Aikin his watch, a gold one, worth at least $250. When ready to leave they asked the bill, and were informed it was $30. They promised to send it from the city, and were told that “would not do.” Aikin then said, “Here is my watch and my partner’s pistol — take your choice.” Foote took the pistol. When he handed it to him, Aikin said, “There, take my best friend. But God knows it will do us no good.” Then to his partner, with tears streaming from his eyes, “Prepare for death. Colonel, we will never get out of this valley alive.”

According to the main witness, a woman of Nephi, all regarded them as doomed. They had got four miles on the road, when their driver, a Mormon named [Absalom] Woolf,* stopped the wagon near an old cabin; informed them he must water his horses; unhitched them, and moved away. Two men then stepped from the cabin, and fired with double-barreled guns; Aiken and “Colonel” were both shot through the head, and fell dead from the wagon. Their bodies were then loaded with stone and put in one of those “bottomless springs” — so called — common in that part of Utah.

I passed the place in 1869, and heard from a native the whispered rumors about “some bad men that were sunk in that spring.” The scenery would seem to shut out all idea of crime, and irresistibly awaken thoughts of heaven. The soft air of Utah is around; above the blue sky smiles as if it were impossible there could be such things as sin or crime; and the neat village of Nephi brightens the plain, as innocently fair as if it had not witnessed a crime as black and dastardly as ever disgraced the annals of the civilized world.

* Grandfather of jockey George Woolf, who rode Seabiscuit to a famous victory over Triple Crown winner War Admiral in 1938.

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Entry Filed under: 19th Century,Borderline "Executions",Businessmen,Espionage,Execution,Executions Survived,History,No Formal Charge,Occupation and Colonialism,Power,Shot,Summary Executions,USA,Utah

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1857: Two members of the Aiken Party

Add comment November 25th, 2018 Headsman

The first “executions” meted out by Mormon captors to the Aiken or Aikin Party men who were attempting to cross the war-footing territory eastward from California took place on November 25, 1857, and were as clumsy as they were brutal.

Under the pretext of escorting them out of the state, Thomas Aiken, John Aiken, John “Colonel” Eichard, and Andrew Jackson “Honesty” Jones reached the small settlement of Salt Creek, Utah, on November 24. They had their least peaceful sleep there that night while their guides, acting on orders from the top of the state’s hierarchy, planned their murders.

Four toughs dispatched by Bishop Jacob Bigler slipped out of Nephi before dawn the next day. They’d ride on ahead, and later that evening “accidentally” meet the southbound Aiken men and their escorts, presenting themselves as a chance encounter on the trails to share a camp that night. These toughs plus the escorts gave the Mormons an 8-to-4 advantage on their prisoners, which was still only good enough to kill 2-of-4 when the time came:

David Bigler’s 2007 Western Historical Quarterly article, “The Aiken Party Executions and the Utah War, 1857-1858.”

After supper, the newcomers sat around the fire singing. “Each assassin had selected his man. At a signal from [Porter] Rockwell, [the] four men drew a bar of iron each from his sleeve and struck his victim on the head. Collett did not stun his man and was getting worsted. Rockwell fired across the camp fire and wounded the man in the back. Two escaped and got back to Salt Creek.”

We don’t actually know which two died at the camp and which two made it back to Salt Creek. Bigler suspects Thomas Aiken and John Eichard were the victims to die on the 25th; the editors of Mormon assassin Bill Hickman‘s confessional autobiography make it Thomas Aiken and Honesty Jones.

The doomed men were stopping at T. B. Foote’s, and some persons in the family afterwards testified to having heard the council that condemned them. The selected murderers, at 11 p.m., started from the Tithing House and got ahead of the Aikins, who did not start till dayhght. The latter reached the Sevier River, when Rockwell informed them they could find no other camp that day; they halted, when the other party approached and asked to camp with them, for which permission was granted. The weary men removed their arms and heavy clothing, and were soon lost in sleep — that sleep which for two of them was to have no waking on earth. All seemed fit for their damnable purpose, and yet the murderers hesitated. As near as can be determined, they still feared that all could not be done with perfect secrecy, and determined to use no firearms. With this view the escort and the party from Nephi attacked the sleeping men with clubs and the kingbolts of the wagons. Two died without a struggle.

As for the two survivors … that’s a tale for another day.

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Entry Filed under: 19th Century,Bludgeoned,Borderline "Executions",Botched Executions,Businessmen,Espionage,Execution,Executions Survived,History,Lucky to be Alive,No Formal Charge,Not Executed,Occupation and Colonialism,Power,USA,Utah,Wartime Executions

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1822: Johan Wilhelm Gebhardt, Junior, slave-slayer

Add comment November 15th, 2018 Headsman

On this date in 1822, Johan Wilhelm Gebhardt was executed at the Dutch-founded South African settlement of Paarl. His offense, unusual but not unheard-of in our executioner’s annals: killing his slave.

According to Alex Mountain in An Unsung Heritage: Perspectives on Slavery, the 21-year-old Gebhardt, who managed the farm belonging to his father, Rev. Johan Wilhelm Gebhardt Sr., had ordered a slave named Joris flogged “for not working properly.”

the flogging was done repeatedly by a slave called November who had been warned by Gebhardt, who remained present throughout the torture, that he too would be severely punished if he did not flog Joris properly. The flogging was done with a variety of instruments and from time to time salt and vinegar were rubbed into his wounds.

It was only when Joris lost consciousness that the torture stopped.

Joris died that night.

The western Cape had recently been taken under British management, and these looked with surprising hostility on the murder of Joris. Gebhardt was not suffered to plead to manslaughter in order to escape his fate.

Mountain reproduces a photo of Gebhardt’s gravestone (found “being used as a small bridge across a ditch”) with the lines

Rest in Peace
Unfortunate Youth
Your Career was short
and you were led Astray
Few were the Pleasures of your Life
And many your Sufferings!

There’s no gravestone for Joris, of course.

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Entry Filed under: 19th Century,Businessmen,Capital Punishment,Crime,Death Penalty,England,Execution,Hanged,History,Milestones,Murder,Occupation and Colonialism,South Africa

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2018: The Sultan of Coins

Add comment November 14th, 2018 Headsman

Iran today hanged two men for financial crimes.

Vahid Mazloumin, dubbed “the Sultan of Coins”, was arrested in July with two tons of gold coins in his possession. He was condemned with accomplice Mohammad-Esmaeil Qassemi of comprising a “smuggling gang”.

Iran’s currency has collapsed in recent months ahead of the bad-faith U.S. nuclear sanctions, leading Iranians to rush for precious metals.

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Entry Filed under: 21st Century,Businessmen,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Iran,Organized Crime,Pelf,Ripped from the Headlines

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2016: Mir Quasem Ali

Add comment September 3rd, 2018 Headsman

On this date in 2016, Bangladesh hanged tycoon Mir Quasem Ali for crimes against humanity committed during that country’s 1971 War of Independence from Pakistan.

Known at the time of his death as the wealthiest patron of the party Jamaat-e-Islami, Mir Quasem Ali was in 1971 a first-year physics student at Chittagong College.

This cataclysmic year saw “East Pakistan” — as it was then known — separated from Pakistan amid an infamous bloodbath, and it was for this bloodbath that Ali hanged 45 years later. At the time, he was a member of the Islamist student organization Islami Chattra Shangha;* in the autumn of 1971, that organ was tapped for recruits to the pro-Pakistan paramilitary Al-Badr which helped carry out wholesale massacres. Some three million people are thought to have died during this war.

The court that noosed him found that Ali helped to orchestrate the abductions of pro-independence activists to a three-story hotel in Chittagong commandeered from a Hindu family. Victims there were tortured and some murdered, although others survived to tell of Al-Badr guards announcing the defendant’s arrival with the words “Mr Quasem is here. Mr Commander is here,” seemingly establishing quite a high degree of responsibility for events under that roof.

After a bad result in the war, he fled to Saudi Arabia and embarked on the business career that would see him into the global oligarchy as a billionaire media mogul and (once back in Bangladesh) the chief financier of the chief Islamist party. When a score-settling Prime Minister Sheikh Hasina Wazed initiated a tribunal to try human rights crimes from the 1971 war, Mir Quasem Ali immediately started spreading millions around Washington D.C. lobby shops in an unsuccessful bid to use international pressure to shut down the proceedings.

He maintained his innocence to the last, even refusing to seek a presidential clemency since that would have entailed an admission of guilt. These trials, several of which have ended at the gallows, have been intensely controversial within Bangladesh, and without.

* Its present-day successor organization is Bangladesh Islami Chhatra Shibir … which was founded in 1977, by Mir Quasem Ali.

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1765: Andrew Oliver lynched in effigy to the Liberty Tree

Add comment August 14th, 2018 Headsman

On this date in 1765, Boston patriots lynched the merchant designated as the imperial taxman. They only did so in effigy, but the “execution” scared him permanently off the job while also making a gallows-tree into one of the earliest symbols of American independence.

One of the key pre-revolution irritants for the future United States, the 1765 Stamp Act imposed taxes in the form of stamp duties on a variety of printed products, for the purpose of funding the British army deployed to North America. It was a levy long familiar to London lawmakers but it sent the colonies right around the bend, and since the colonies sat no Member of Parliament who could flip an official wig it also popularized the classic revolutionary slogan about “taxation without representation.”*

Enacted in the spring of 1765 and due to take effect in November, the Stamp Act drew immediate outrage in the colonies and especially in that hotbed of subversion, Boston.

There, Andrew Oliver, scion of a shipping magnate clan, was tapped to collect the levy. It figured to be just the latest in a series of lucrative state appointments. How was he to know in advance that this particular legislation would unleash the crazies? Perhaps he should have given more heed to the publication of ominous warnings over the roster of tax collector names.


Boston Post-Boy, August 5, 1765

On the morning of Wednesday, August 14, a crowd of irate Bostonians mobbed the corner of Essex Street and Orange Street (present-day Washington Street) and upon a large elm tree strung up an effigy of Oliver alongside a boot — the footwear comprising a second, punny, effigy of the Stamp Act’s sponsor the Earl of Bute.

“What greater Joy can NEW-ENGLAND see,” ran the menacing note pinned to the mannequin, “Than STAMPMEN hanging on a Tree!” As is clear from the following newspaper account, versions of which circulated widely in New England, these were no mere theatrics but a very proximate physical threat; even the elm’s property owner dared not take down the provocative display for fear that the crowd would pull down his house. Likewise taking the better part of valor, Oliver pledged to anti-tax colonists that he would not take the office, and he kept his word.**


Providence Gazette, August 24, 1765

After this triumphant debut, the elm in question became a common rallying-point for the hotheaded set, a frequent stage for speechifying, rabble-rousing, and fresh instances of popular justice all further to the patriot cause until, as Nathaniel Hawthorne put it, “after a while, it seemed as if the liberty of the country was connected with Liberty Tree.” Of course, it’s all a question of whose liberty; a Tory gloss on this deciduous republican made it “an Idol for the Mob to Worship; it was properly the Tree ordeal, where those, whom the Rioters pitched upon as State delinquents, were carried to for Trial, or brought to as the Test of political Orthodoxy.” When besieged in Boston in 1775-1776, British Tories cut the damned thing down, so for subsequent generations it was only the Liberty Stump.


“The Colonists Under Liberty Tree,” illustration from Cassell’s Illustrated History of England, Volume 5, page 109 (1865)

The Liberty Tree is commemorated today at its former site, and forever in verse by revolutionary firebrand Thomas Paine.

In a chariot of light from the regions of day,
The Goddess of Liberty came;
Ten thousand celestials directed the way,
And hither conducted the dame.

A fair budding branch from the gardens above,
Where millions with millions agree,
She brought in her hand as a pledge of her love,
And the plant she named Liberty Tree.

The celestial exotic struck deep in the ground,
Like a native it flourished and bore;
The fame of its fruit drew the nations around,
To seek out this peaceable shore.

Unmindful of names or distinctions they came,
For freemen like brothers agree;
With one spirit endued, they one friendship pursued,
And their temple was Liberty Tree.

Beneath this fair tree, like the patriarchs of old,
Their bread in contentment they ate
Unvexed with the troubles of silver and gold,
The cares of the grand and the great.

With timber and tar they Old England supplied,
And supported her power on the sea;
Her battles they fought, without getting a groat,
For the honor of Liberty Tree.

But hear, O ye swains, ’tis a tale most profane,
How all the tyrannical powers,
Kings, Commons and Lords, are uniting amain,
To cut down this guardian of ours;

From the east to the west blow the trumpet to arms,
Through the land let the sound of it flee,
Let the far and the near, all unite with a cheer,
In defence of our Liberty Tree.

* Visitors to the U.S. capital of Washington D.C., whose 700,000 residents cast no votes in the Congress they live cheek by jowl with, can find this familiar grievance right on the city’s license plates.

** How far this surly bunch was prepared to go on August 14, 1765, one can only guess at; however, in later years, there would be several instances of Bostonians tarring and feathering various tax collectors. These guys did not do civility politics.

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Entry Filed under: 18th Century,Arts and Literature,Borderline "Executions",Businessmen,England,Executed in Effigy,Execution,Hanged,History,Lynching,Massachusetts,No Formal Charge,Not Executed,Occupation and Colonialism,Pelf,Politicians,Popular Culture,Power,Public Executions,Summary Executions,USA

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1872: Christopher Marlow, brewer

Add comment August 2nd, 2018 Headsman

Immigrant brewmeister Charles Marlow was hanged in Mayville, New York on this date in 1872 for

Deeply in debt, Marlow improved his asset balance when he lured the more solvent William Bachmann to his place (he also lived at his brewery), then took him to the cellar where he poisoned his guest’s drink and finished him off with an iron bar.

You could take our word for it, but better still is friends of the site Murder By Gaslight. Those archives have the full details on this momentary crime sensation — including the Clue-like charge sheet catching 11 different possible means of the mysterious murder, the hung jury, the hanging’s-eve confession, and the “Polander” boarder who overheard the murder and blew the whistle on the whole thing.

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

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1961: Rokotov and Faibishenko, black marketeers

Add comment July 26th, 2018 Headsman

On this date in 1961,* two 22-year-old Soviet men were — very much to their surprise — shot as black market currency speculators.

Ian Timofeyevich Rokotov and Vladik Petrovich Faibishenko were leaders of a small ring of illicit currency traders who made their bones swapping Soviet rubles with foreign visitors at a handsome markup, earning “wealth” on the scale of moderate personal ease that seems laughable compared to their homeland’s present-day oligarchy. Among this nine-person ring, authorities recovered 344,000 Russian rubles plus about $19,000 in gold coins and a few thousands each of various western European currencies.

These deeds augmented the inherently parasitic act of profiteering by the inherently subversive act of making unchaperoned contact with foreign visitors, at a moment when the Soviet state was particularly sensitive to both infractions. This was nearly the exact apex of the Cold War, in the tense months between the U-2 Crisis and the Cuban Missile Crisis.** “Peaceful coexistence,” Soviet premier Nikita Khrushchev said in a 1961 address, means “intense economic, political, and ideological struggle between the proletariat and the aggressive forces of imperialism in the world arena.”

In a 13-day trial concluding on June 15, Rokotov and Faibishenko were sentenced along with another of their circle, Nadia Edlis, to 15 years in prison. You might think that’s a stern message sent, but the excitable Khrushchev took an almost personal offense to their behavior and on viewing the intentionally nettlesome exhibition of the black marketeers’ banknote heaps, exclaimed, “They need to be shot for this!”

The minor matter of having no capital statute on the books for the occasion was resolved on July 1 by the Presidium of the Supreme Soviet, which introduced the death penalty for major economic crimes; the statute was then immediately deployed to retroactive effect in a new trial before the Russian Republic Supreme Court.

Many people more would face capital punishment for economic crimes under that 1961 law.

* The official execution date is elusive but press reports indicate that the Soviet news agency TASS announced it on July 26. Given that their final condemnation had occurred only five days previous, we fall at worst within a narrow margin of error.

** Also of note: the USSR had just revalued the ruble as of January 1, 1961.

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Entry Filed under: 20th Century,Businessmen,Capital Punishment,Death Penalty,Execution,History,Pelf,Russia,Shot,USSR,Wrongful Executions

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1964: Jack Ruby condemned

Add comment March 14th, 2018 Headsman

On this date in 1964, Dallas nightclub owner Jacob Rubenstein — notorious to history as Jack Ruby — was condemned to the electric chair for the dramatic live-televised murder of accused John F. Kennedy assassin Lee Harvey Oswald, captured by snapping shutters in one of the 20th century’s indelible images.

Ruby would never sit on that mercy seat.

For one thing, his punishment arrived as the American death penalty lulled into hibernation. Had he lived his sentence eventually would have been vacated by the 1972 Furman v. Georgia ruling. But instead of seeing that juridical landmark, the enigmatic Ruby died in prison inside of three years, awaiting retrial after an appeal.

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Entry Filed under: 20th Century,Assassins,Businessmen,Capital Punishment,Common Criminals,Death Penalty,Disfavored Minorities,Electrocuted,Execution,History,Infamous,Jews,Murder,Not Executed,Notable for their Victims,Organized Crime,Popular Culture,Texas,USA

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1752: William Montgomery, small enough to fail

Add comment November 13th, 2017 Headsman

In the absence of a modern bankruptcy framework, underwater debtors could be clapped into prisons like the notorious Fleet. As this had the effect of overcrowding the dungeons with otherwise productive persons who were little likely to meet the theoretical obligation to repay their bondsmen, the British Parliament passed Insolvency Acts intermittently throughout the 18th century as bankruptcy holidays that would permit orderly mass discharges of debt. Given the chaotic state of record keeping there must also have been a wide swath of grey-area debtors who for the benefit of resuming economic life would bend whatever facts needed bending to slide themselves into the Acts’ safe harbors.

Our William Montgomery was one of these, who told a white lie about being abroad on the date necessary to wipe the slate clean — but found that his creditors were not so easy to forgive either invoices or prevarications, to the extent of revenging their balance sheet at Tyburn.

This Newgate Calendar entry gives us a heavy dose of editorializing and also misstates the date of Montgomery’s execution because of course it does. For the rentiers’ side of the moral preening, compare to the Ordinary’s Account.*


WILLIAM MONTGOMERY
Executed at Tyburn, December 2, 1752 [sic], for defrauding his creditors

In a country like England, and more especially when we view the overgrown capital, though productive of crimes in fraudulent debtors, we must advocate acts of insolvency.

The good of many must be pre-eminent to the villainy of a few; and, where we find one punished for the abuse of the lenity of the legislative body, we happily find thousands of unfortunate beings rescued from the horrors of a prison, where they had long been immured without the means of support, much less were they able to satisfy the demands of inexorable creditors.

The necessity of good faith in contracts, and the support of commerce, oblige the legislature to secure for the creditors the person of the bankrupts; and in this point of view may the subject of this case, and all others who take the benefit of an act of insolvency, be considered.

The fraudulent bankrupt should be punished in the same manner with him who adulterates the coin of the realm; for to falsify a piece of coin, which is a pledge of mutual obligations between men, is not a greater crime than to violate the obligations themselves.

But the bankrupt who, after a strict examination, has proved before the commissioners that either the fraud or losses of others, or misfortunes unavoidable by human prudence, have stripped him of his substance, on what barbarous pretence is he thrown into prison, and thus deprived of the only remaining good, the melancholy enjoyment of mere liberty? Still more hard is the case of an unfortunate trader, who, disclosing his whole transactions, and offering to assign over to his creditors the remains of his stock, is cast into prison by a single hard-hearted unrelenting claimant. Yet this is constantly done in Britain.

Why is such a man cast into a loathsome prison, ranked with criminals, and, in despair, compelled to repent of his honesty? Conscious of his innocence, he lived easy and happy under the protection of those laws, which, it is true, he violated, but not intentionally. Laws are dictated by the avarice of the rich, and tacitly accepted by the poor, seduced by that flattering and universal hope, which makes men believe that all unlucky accidents are the lot of others, and the most fortunate only their share.

Mankind, when influenced by the first impressions, love cruel laws, although, being subject to them themselves, it is in the interest of every person that they should be as mild as possible; but the fear of being injured is always far more prevalent that the intention of injuring others.

But, to return to the innocent bankrupt. Let his debt, if you will, not be considered as cancelled till payment of the whole; let him be refused the liberty of leaving the country with out leave of his creditors, or of carrying into another nation that industry, which, under a penalty, he should be obliged to employ for their benefit; but what pretence can justify the depriving of an innocent, though unfortunate, man of his liberty, without the least utility to his creditors?

Then it may be in answer be said, that the hardships of confinement will induce him to discover his fraudulent transactions: an event that can hardly be supposed, after a rigorous examination into his conduct and affairs.

It will be necessary to distinguish fraud, attended with aggravating circumstances, from simple fraud, and that from perfect innocence. For the first, let there be ordained the same punishment as for forgery. For the second, a punishment with the loss of liberty; and if perfectly innocent, let the bankrupt himself choose the method of re-establishing himself, and satisfying his creditors.

With what ease might a sagacious legislator prevent the greatest part of fraudulent bankruptcies, and remedy the misfortunes that befall the innocent and industrious! A public register of all contracts, with the liberty of consulting it allowed to each tradesman — a public fund, formed by the contribution of fortunate merchants, for the timely assistance of unfortunate industry — would be the establishments that could produce no real inconveniences, but would be attended with numberless advantages.

Many eminent bankers, in the history of the trade of London, by an unexpected run upon their house, must have become bankrupts, and thereby embarrassed thousands, had not the Bank of England come to their assistance; but alas! The unfortunate tradesman has no one to prevent his fall. Unhappily, the most simple, the easiest regulations, await only the nod of the legislator to diffuse through nations wealth, power and felicity; laws, which would be regarded by future generations with eternal gratitude, are either unknown or rejected. A restless and trifling spirit, the timid prudence of the present moment, and a distrust and aversion to the most useful motives, possess the minds of those who are empowered to regulate the actions of mankind.

It must at the same time, be acknowledged, that the baseness of a few failures often tends to render callous the feelings of creditors.

No act of insolvency has been carried into effect without the detection of fraud. Eager to embrace its benefits, and thus rid themselves of debt, men will wade through perjury, and employ every means to accomplish their purpose.

After the destruction of the prisons in London, during the riots of the year 1780, an act was passed for the purpose of absolving all who had been confined. Of this every rascal in London was ready to take the advantage. A mere form was only necessary, to enter their names; but the signatures, that Lord Chief Justice Mansfield, to his infinite honour, ordered the lists to be printed and published, which put to rout whole hives of impostors. Names were herein found that might as well have expected to appear in the list of Gazette promotions.

A man of this description was the subject who led to this enquiry.

William Montgomery was a native of Elphinstone, in Scotland, and educated in the Presbyterian form of religion.

His father dying when he was about thirteen years old, his mother sent him to sea in a ship belonging to Alloa. Having continued in the naval line of business some years, he at length married, and opened a public house in Bishopsgate-street; and dealing largely as a smuggler, he frequently went to Holland, to bring home prohibited goods.

Quitting Bishopsgate-street, he lived some years at the sign of the Highlander, in Shadwell; but, on the death of his wife, he resolved to decline business as a publican; and having saved some money, he entered again into the matrimonial state, and taking a lodging in Nightingale-lane, he let lodgings to seafaring men.

Meeting with success, he took a shop as a seller of seamen’s clothes; but left the care of it chiefly to his wife, while he employed his own time in frequent trips to Holland, in pursuit of his former illicit practice of smuggling.

An act of insolvency passing in the year 1748, favourable to such persons as had been in foreign parts fugitives for debt, Montgomery took the benefit of it, swearing that he was at Rotterdam on the last day of the preceding year: in consequence of which, he was cleared of his debts, to the injury of his creditors.

No notice was taken of this affair till the expiration of four years, when, Montgomery having arrested a neighbour, the man gave notice of his former transactions to one of his creditors, who laying an information before the lord mayor, Montgomery was lodged in Newgate on suspicion.

Being brought to trial at the next sessions at the Old Bailey, several persons deposed that they spent the evening with him at his own house at the time he alleged that he was in Holland, in order to take the benefit of the act: so that he was convicted, and received sentence to die.

For some time after conviction he behaved with apparent signs of devotion; but asserted his innocence, and said that the witnesses against him were perjured; and in this tale he continued till the arrival of the warrant for his execution.

Being pressed by the divine who attended him to tell the truth, he persisted in the former story until the Friday before his death; but in the afternoon of that day he acknowledged, that after having been on board a Dutch vessel; in order to take his passage for Holland, he had come on shore, owing to the contrary winds.

On the following day he insisted that, “as he had been sworn according to the methods used in Scotland, without kissing the book, his crime could not come within the meaning of the act”. In reply to this he was told that the mode of administering could make no difference to the nature of an oath.

Hereupon he made a full confession of his crime, and owned that, having come on shore, he concealed himself for some weeks in his own house; then appeared publicly, saying he had been at Rotterdam: after which he surrendered himself to the warden of the Fleet prison, and obtained the benefit of the act of insolvency.

On the Sunday following, when he was pressed to declare the whole truth, he exclaimed, “What would you have me say? I have told you all the truth, and can say no otherwise than what I have done. If I did, I should belie myself, and my own knowledge.”

This malefactor appeared dreadfully shocked on the morning of execution, and wished for time for repentance, which he now considered highly necessary. At the place of execution he warned the spectators to beware of covetousness, which had been the cause of his destruction.


* Sample of the Ordinary’s take on the gravity of disappointing your creditors:

That he suffered justly, as an Example, and for a Terror to such an Undertaking again, I believe no one can gain-say …

for which Atonement can scarce, but if ever, not without the utmost Difficulty, be made: And, through this Filth, and Mire of Wickedness, must he pass, who resolves to make an intentional, a real Fraud.

What can the Man think that shall be guilty of such high Offence? ‘Tis publickly known that human Laws are determined to punish it with Death, and what is to come afterwards, God only knows.

Let this then the Fate of poor Montgomery deter all others for the future from attempting a Breach of such an Indulgence, if ever it should please the Legislature to grant one again. And tho’, in a former Part of these Sheets, he did not scruple to say, he was not the only one who feloniously laid hold of the Benefit of the last Insolvent Act, yet Charity engages to think better Things, and to hope there is not an Instance of the like Kind to be met with in England.

On this day..

Entry Filed under: 18th Century,Businessmen,Capital Punishment,Death Penalty,England,Execution,Hanged,History,Pelf,Public Executions

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