Posts filed under 'Disfavored Minorities'

1741: Othello, Doctor Harry, and five other New York slaves

Add comment July 18th, 2016 Headsman


New-York Weekly Journal, July 20, 1741.

On this date in 1741, six slaves named Othello, Quack, Venture, Frank, Fortune, and Galloway were hanged, and a seventh, “Harry the Negro Doctor”, burned — all casualties of the ongoing investigation into the purported slave plot to torch colonial New York.

A truly horrific day in the city’s history. However, as we have noted in our entry about the last prior mass execution of this affair, these July bloodbaths surprisingly turn out to be all about the court extricating itself from a potentially limitless investigation into the servile classes.

With the return of the Chief Justice James De Lancey from New England on the first day of the month — taking control of the court from the implacable inquisition of his junior partner Daniel Horsmanden — the whole judicial momentum turns away from compounding arrests upon accusations and towards disposing of cases already in hand and tying up loose ends.

But there were a lot of loose ends … and some of them could only be tied up with hemp.

For some of the nearly 100 slaves in the city dungeon when De Lancey returned, the evidence was so scanty that they were outright released. Most of the rest were disposed of through an almost shameless wink-nod arrangement: the slaves pleaded guilty to the terrorist plot (vindicating the court’s diligence, and also the blood it had already shed), and in exchange were not executed but approved for convict transportation (sparing life and limb for the slaves, and financial injury for the owners).* Almost every weekday the court would open nominally in a proceeding against six or ten or twelve black men and women only to hear all plead guilty and promptly adjourn upon the court’s recommendation of mercy. Under “inbox zero” De Lancey, these people were not pressed to name more names, and when they did so those potential new arrestees were often left unmolested. (We shall arrive shortly at a notable exception.)

On July 15, 1741, De Lancey actually held court. True, there were 14 more Negroes, “most of which had been made Use of as Witnesses,” who were on this occasion recommended for pardon and sale abroad. But our doomed seven plus an eighth man, Tom, were the last ones in the jail who were refusing to plead guilty. (Tom was convicted with the rest, but his sentence was abated.)

It reads like a principled stand but if so, their integrity was unequalled by their trial strategy. They simply “said nothing material in their Defence, but denied all alledged against them.”

Unfortunately with everyone singing from De Lancey’s hymnal as the price of their own necks, there were a good many witnesses prepared to alledge. For this trial, six black slaves described the accused hanging around arch-plotter John Hughson, “talking about the Conspiracy to set the Town on Fire, and to kill the white People.” Besides the slave evidence, two white people also denounced the prisoners: Mary Burton, the Hughsons’ former servant whose ever-growing became the ubiquitous crown witness in all cases; and, William Kane, an Irish soldier who had been named as the plot’s inside man at the fort by the slave Will when the latter burned at the stake.

Kane was just the second white person in all this time to join Mary Burton on the prosecution’s witness list — and he was obtained with chilling ease.

The very night that Will burned, July 4, Kane was taken up. Examined the next day he denied knowing anything about the plot or even where Hughsons’ tavern was located.

But, Horsmanden recorded in his journal of the proceedings, “while Kane was under Examination, the Under-Sheriff came and informed the Judges, that Mary Burton had declared, that she had often seen him at Hughson’s, amongst Hughson, his Wife, &c. and the Negroes, when they were talking of the Conspiracy, and that he was one of the Confederates.”

A dramatic moment ensued, gut-wrenching even in Horsmanden’s few sentences.

Chief Justice De Lancey, “who was a Stranger to the Transactions concerning the Detection of the Conspiracy” and could therefore still be shocked by the casual way this teenager rolled into her conspiracy stories whomever some frightened prisoner had recently implicated, “thought proper to admonish the Witness in an awful and solemn Manner, concerning the Nature of an Oath, and the Consequences of taking a false one, more especially as it affected a Man’s Life.”

Would the girl fluster under this magisterial caution? Would De Lancey himself dare to press it so far as to discredit the one witness his court had depended upon for prosecuting the conspiracy thus far?

No. “She answered, she was acquainted with the Nature of an Oath very well, and that she would not take a false one upon any Account.” De Lancey dropped the point, and Mary Burton was sworn in, saying

That she had seen the said Kane at Hughson’s very often, talking with Hughson, his Wife and Daughter, Peggy Salingburgh alias Kerry, Caesar, Vaarck’s; Galloway, Rutgers’s; Prince, Auboyneau’s, and Cuffee, Philipse’s, Negroes; and the Discourse amongst them was, That they would burn the Town; the Fort first, the Governor and all his Family in it, and kill all the white People; and that she heard the said William Kane say, that he would help them all that lay in his Power.

Kane, “his Countenance changed, and being near fainting,” called for a glass of water. Kane was no fool, and when the court explicitly confirmed to him “the Danger he was in, and told [him] he must not flatter himself with the least Hopes of Mercy, but by making a candid and ingenuous Confession” he duly swallowed the draught prepared for him — albeit “after some Pause” and “tho’ at the same Time he seemed very loth to do it.” There was no way out — not for the court, not for Mary, and not for Kane — but for the soldier to corroborate her story. He numbly did so, although one would rather know how he spoke about this episode of his life under the seal of the confessional.

There is a deadening similarity to these stories, of course; it is not merely retrospective interpretation that surfaces the perverse incentives newly-arrested slaves faced — it is remarked a few times via the comments of slaves themselves in Horsmanden’s own record. “Moore’s Cato advised him and Pedro, to bring in many Negroes, telling Pedro, that he would be certainly burnt or hanged if he did not confess,” in one description … “but that if he brought in a good many, it would save his Life; for he had found it so himself; and must say, he was to set his Master’s House on fire, which would make the Judges believe him.” Why this day’s crop refused to take their out we don’t really know. Maybe they were stubborn — or had a care for their soul — or more than death feared being sold out of the place that had become their home, and onto some backbreaking sugar plantation in the West Indies.

But two of our group merit notice for more unusual profiles.

“Doctor Harry” was an unauthorized medical practitioner on account of his race and station, and so had been driven out of New York City years before. He made his home thereafter on Long Island, forbidden from venturing into New York on pain of flogging. The physician’s addition to the plot segued into the frightening prospect of a poison angle to the race war.

“A smooth soft spoken Fellow, and like other Knaves, affected the Air of Sincerity and Innocence” in Horsmanden’s words, Harry was already on the judges’ radar when a slave named Adam accused him. (Soon joined by the reluctant William Kane.) That he was on their radar as someone who was not allowed in the city does not seem to have counted a great deal. “He stifly denied all, and declared, that he never was at Hughson’s, nor had he been in Town since he was ordered out by the Magistrates.”

Othello had also been out of town during events — not by banishment, but because he was Chief Justice De Lancey’s own slave, and had accompanied his master’s New England mission during the spring when New York went arson-crazy.

Aptly for his name, Othello reads in Horsmanden’s narrative as a tragic figure who unlike Doctor Harry was ready to say what he had to say to save his own life but hanged because he couldn’t reconcile himself in time to the urgency of his situation.

Horsmanden, who also would have been Othello’s personal acquaintance, clearly respected the slave; in the judge’s estimation, Othello “had more Sense than the common Rank of Negroes” and was one of “the Head Negroes in Town.” Maybe Othello counted too highly the weight of his association with the judges, or maybe since he was out of town he simply did not have the right feel for the witch-hunt dimensions the arson investigation had taken. Reading bulletins from his city, De Lancey had questioned Othello about the plot and Othello had denied any knowledge of it. Did the slave suppose that a Head Negro in Town could be above suspicion?

De Lancey disabused him of any such hope in late June when the Chief Justice received word that Othello had been denounced in the investigation, and promptly shipped his slave back to New York in chains.

He arrived in the last days of the governor’s official amnesty window for slave confessions, having heard God knows what of proceedings from his distance. His accuser Adam gave him sound advice in the city hall’s then-teeming basement prison: “to confess … [as] a Means of getting him[self] off.” But Othello at first refused to do so, even when warned that he had little time remaining to take advantage of the amnesty.

Othello being asked, Why he so positively denied on Saturday, that he knew any Thing about the Plot; though he was warned of the Proclamation, and that the Time therein limited for the Confederates to come in and make voluntary Confession and Discovery, would expire as Tomorrow; and notwithstanding he was told, that there was full and clear Evidence against him, Why he did not take the Recorder’s Advice, and confess then what he had done now? He answered with a Smile,

Why, Sir, I was but just then come to Town.

The reluctance is easy to understand. Othello was the Man Friday to a colonial oligarch: it was worth a risk to defend that position against the loss in stature and comfort that would surely result from being sold abroad. Besides that, he needed time to get his bearings: who was accusing him of what? What cards did he hold?

Othello soon understood that advancing a strong claim of innocence would be a nonstarter, so on the eve of the amnesty’s expiration he tried to claim it by offering a “confession.” It’s the first of several that would be extracted from him; each is a noticeably minimalist contrivance to fit his circumstances of the moment — too cute by half, a cruel observer might say. In late June, Othello simply named a bunch of names that others had already named with few additional details. The judges could see very well that this was no better than a token submission.

Come July 12th, having been issued a summary death sentence upon the guilty plea he had committed to, Othello expanded that confession. Now he detailed a longer intimacy with John Hughson — but one in which Othello, although aware of the plot, repeatedly refused to swear hiimself to it. The plot as the court understood it required its adherents to promise to kill their own masters. By insisting he had never sworn, Othello wanted to avoid going on record with any intent to slay James De Lancey. He was a week from execution at this moment, and still he dreamed that maybe De Lancey would one day take him back.

But the privilege Othello clung to might have already begun to cut against him. As an appearance-of-propriety issue vis-a-vis his white neighbors, was De Lancey, the highest judge in the colony and the wealthiest man in the colony, going to spare his own property from the full rigor of the law when his court had so readily destroyed other men’s slaves? The judges considered where Othello stood with his late and cloying “confessions”, and on July 16 recommended against extending him a pardon.

Still Othello tried one last time — on the very morning of his execution. On that occasion, Horsmanden took down one last, expanded confession … and even at this desperate hour, Othello was trying to thread the needle where his master’s life was concerned.

That Adam persuaded him, since he came in Jail, to say, that he had agreed to kill his Master and Mistress; and that by saying so, he would get clear: But this was all false, he never engaged to do any such Thing, nor was it ever proposed to him by Hughson, or any one else; only Hughson told him, he must rise with the Mob, and kill the People in general, as the rest were to do.

No doubt poor Othello had invested many of his last hours going over this decisive confession, trying to calibrate it precisely. Unfortunately, it showed.

For Horsmanden and his fellow judges, what Othello had provided was “neither voluntary nor free, but came from them very unwillingly, and after much Persuasion” and Othello as with his fellow-prisoner Quack only “acknowledged their Guilt in general, by their Plea, and by their Confessions, in a few Particulars, thinking thereby, as it may well be inferred, to come off as cheap as they could.” Horsmanden does not seem far from the mark in this observation, much as posterity might doubt his certainty that “both had it in their Power to make very considerable Discoveries.” At any rate,

The Judges could by no Means think them proper Objects of Mercy; and had they recommended them to the Governor as such, and his Honour had pardoned them, such Lenity towards them, might have been deemed Cruelty to the People.

As ghastly as this was for Othello and his mates, this date essentially finished the court’s business with the Negro Plot.

Does that mean we have reached the end of our series? Alas, the court’s bloodthirst had not quite been slaked. … for in the course of winding down, Horsmanden et al had opened one last line of inquiry, in hot pursuit now for a true arch-villain to lurk behind the passe conspiracies of slaves, an enemy dread enough to equal the advertised danger to New York City.

“The Old proverb has herein also been verifyed,” a satisfied Horsmanden would eventually report of this last phase that was even then opening up “that there is Scarce a plot but a priest is at the Bottom of it.”

* This was also the explicit preference of acting governor George Clarke, who on June 20 wrote to London that he “desired the Judges to single out only a few of the most notorious for execution, and that I would pardon the rest … whereby their masters will transport them out of hand.”

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Entry Filed under: 18th Century,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Hanged,History,Mass Executions,New York,Occupation and Colonialism,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,Treason,USA,Wrongful Executions

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2006: Derrick O’Brien, for murdering Jennifer Ertman and Elizabeth Pena

Add comment July 11th, 2016 Headsman

Ten years ago today, Texas executed Derrick O’Brien for an infamous Houston gangland crime — the rape-murder of Jennifert Ertman and Elizabeth Pena.

We have in these pages actually already encountered one of Ertman and Pena’s slayers in these pages: Jose Medellin, who was executed in 2008. That case was notable for the litigation resulting from Texas’s failure to comply with the Vienna Convention by notifying the Mexican consulate of Medellin’s arrest — and the Medellin post focuses on that issue. This post turns instead to the crime itself.

On June 24, 1993, Ertman and Pena — 14- and 16-year-old Waltrip High School students desperate to beat curfew — took a late-night shortcut along a railroad skirting the White Oak Bayou.

At a railroad trestle in T.C. Jester Park, just moments from home, they encountered our man Derrick O’Brien, Jose Medellin, and four other young men toasting a gang initiation. The six fell on the vulnerable girls and raped both, then strangled them with shoelaces.

Even for a city as large as Houston, it was a shattering crime that still haunts the lost girls’ friends and neighbors.


Memorial to Ertman and Pena in T.C. Jester Park. (cc) image by Pepper Hastings.

Politically, it thrust gangs to the front of the agenda for Houston pols. The girls’ kin* also fought successfully to adjust Texas Department of Criminal Justice procedure in order to permit victims’ family members to witness executions, an innovation that is now widely used throughout the U.S.

O’Brien, barely 18 when he took part in the murder, turned up in the crowd gawking at the crime scene when it was first discovered, and some video footage chances to catch him smiling and laughing. He would eventually be the first person put to death for the Ertman-Pena murder.

Besides O’Brien and Medellin, the gang leader Peter Anthony Cantu was also executed for this murder. Efrain Perez and Raul Villareal, both 17 years old at the time of the attack, were condemned to death initially but had their sentences commuted after the U.S. Supreme Court barred the execution of juvenile offenders. Fourteen-year-old Venancio Medellin — Jose’s brother — caught a 40-year sentence that he’s still serving.

* Notably, Jennifer Ertman’s father Randy became an outspoken crime victim advocate until he succumbed to cancer in 2014.

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Entry Filed under: 21st Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Lethal Injection,Murder,Racial and Ethnic Minorities,Rape,Texas,USA

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1535: Jacob van Campen, Amsterdam Anabaptist

Add comment July 10th, 2016 Headsman

On this date in 1535, the Amsterdam Anabaptist leader Jacob van Campen* was mutilated, beheaded, and consigned to flames.

He’s an oddly little-known figure considering his stature in the movement — an anomaly the Global Anabaptist Mennonite Encyclopedia Online attributes to van Campen’s radical affiliations during the time when Anabaptists’ rebellion at Muenster sent the movement into the wilderness. But in Amsterdam in 1535, the cloth shearer was a leader of some 3,000 adherents to the new heresy.

There had been a price on his head since at least May of 1534, so absent a Joris-esque disappearance his capture was probably just a matter of time.

Once in his enemies’ power, van Campen’s person was used to stage a particularly elaborate execution spectacle. According to Drama, Performance and Debate: Theatre and Public Opinion in the Early Modern Period, van Campen

was sentenced to be publicly exposed on a scaffold on the Dam Square wearing a tin mitre with an imprint of the city’s coat of arms. After having been exposed as a mock bishop for one hour or more, his tongue, which he had used to deceive people, was cut out, and his right hand, which he had used to re-baptise was chopped off. He was decapitated and burnt. His head with mitre and his hand were exhibited on the Haarlemmerpoort.


Seated on a platform, the scorned Jacob van Campen endures his tortures while the flame that will soon consume his remains awaits him. Via the Rijksmuseum.

* Not to be confused with the Dutch painter Jacob van Campen.

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Entry Filed under: 16th Century,Beheaded,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,God,Heresy,History,Martyrs,Netherlands,Public Executions,Religious Figures,Torture

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1741: Will, Ward’s Negro

Add comment July 4th, 2016 Daniel Horsmanden

(Thanks for today’s guest post to Daniel Horsmanden, the former judge whose account of hunting down a slave conspiracy in New York in 1741 has been so crucial to our running series on the affair. This entry is Horsmanden’s record (in full) for the events of July 4, 1741.)

The Jail being now throng’d with Negroes committed as Confederates in the Conspiracy, many whereof had made Confessions of their Guilt, in Hopes of Pardon in Consequence of the Proclamation, and others who were pardoned and turned Evidence; it was feared, considering the Season of the Year, that such Numbers closely confin’d might be apt to breed an Infection; therefore the Judges thought it was proper to examine the List of them, and to to mark out such as should be thought proper to recommend to his Honour the Lieutenant Governor, to be pardoned, upon Condition of Transportation to be therein limited by a short Time, and to distinguish which of them who had been made Use of as Witnesses, might be necessary to reserve for some Time; and for this Purpose they associated to them Mr. Nicholls and Mr. Lodge, by whose Assistance the following List was accordingly settled, which the Judges reported to his Honour, and submitted to his Consideration.

A List of Negroes recommended this Day by the Judges to his Honour the Lieutenant Governor, for Transportation.

Quamino, Pemberton’s.
Toby, Widow Breasted’s.
Willor Bill, Ten Eyck’s.
Warwick, Hunt’s.
Tom, Soumain’s.
Deptford, Cruger’s.
Will, Lush’s.
York, Peck’s.
Scipio, Van Borsom’s.
Guy, Horsefield’s.
Cato, Benson’s.
Tony, Widow Brazier’s
Scipio, Bound’s.
Caesar, Kortrecht’s.
Jack, Abrahamse’s.
Dundee. Todd’s.
Starling, Lawrence’s.
York, Crooke’s.
Bridgwater, Van Horn’s.
London, French’s.
Mars, Becker’s.
Primus, DeBrosse’s.
Jacob, Rutger’s.
Mink, Groesbeck’s.
Titus, Phaenix’s.
Lewis, Schuyler’s.
Jonneau, Vaarck’s.
Scotland, Marston’s.
Worcester, Varian’s.
Jamaica, Ellison’s.
Patrick, English’s.
Scipio, Abrahamse’s.
Fortune, Clarkson’s.
Caesar, Pintard’s.
Fortune, Wilkins’s.
Tom, Moore’s.
Pompey, Lefferts’s.
London, Marschalk’s.
Wan, Low’s.
Will, Vaarck’s.
Fortune, Latham’s.
Sarah, Burk’s.

This Day Will, Ward’s Negro, was executed according to Sentence, and made the following Confession at the Stake.

  1. He said, That William Kane, a Soldier belonging to the Fort, knew of the Plot; and he heard the said Kane say, he did not care if the Fort was burnt down: That since the Plot was discovered he told Kane he would make a Discovery; on which Kane gave him three Pounds in Bills, and told him, not to discover; Part of which Money his young Mistress found in his Chest.
  2. That his Mistress lost a Silver Spoon, which he, Will, stole and carried to Kane’s Wife, who gave it her Husband in his Presence, and he sold it to Peter Van Dyke, a Silver-Smith, and gave him [Will] eight Shillings of the Money.
  3. That Kane and Kelly asked Quack to burn the Fort, and said if that was done, they (the Soldiers) would have their Liberty; and Kelly said, you must do it with some wet Cotten, and that will make no Smoke.
  4. That he has talked of the Plot with Kane and Kelly often, and has been at Kane’s House, and has heard that other Soldiers were concerned, but does not know them. That he has seen Quack (Walter’s) there, Ryndert’s Tom, Governour’s Jack, Cuyler’s Pedro; and John (Vanzant’s) went round, who received some Money in his Hat, collected at a Meeting at Kelly’s, which Money was to be paid to Hughson.
  5. That Quack, Goelet’s, and Will, Tiebout’s, drew him in; and called on their Names to the last.
  6. That Pedro (De Peyster’s) is innocent for what he knows.
  7. That Moore’s Cato advised him and Pedro, to bring in many Negroes, telling Pedro, that he would be certainly burnt or hanged if he did not confess; but that if he brought in a good many, it would save his Life; for he had found it so himself; and must say, he was to set his Master’s House on fire, which would make the Judges believe him.
  8. That Pintard’s Caesar said much the same; and Comfort’s Jack advised Cato; but that Jack was a true Evidence.

The Pile being kindled, this Wretch set his Back to the Stake, and raising up one of his Legs, laid it upon the Fire, and lifting up his Hands and Eyes, cried aloud, and several Times repeated the Names, Quack Goelet & Will Tiebout, who he had said brought him into this Plot.

This Evening William Kane, Soldier, Quack, Goelet’s, and Will, Tiebout’s, Negroes, were apprehended and committed.

After we had several of the Fires mentioned in the Introduction to this JOURNAL, Quack, Goelet’s, was had up and examined before the Magistrates, for some suspicious Words overheard to be uttered by him, to another Negro, which seemed to import strong Hints as if he had been privy to the Occasion of them; but nothing could be made of it, and was therefore discharged. But this was long before we had the least Intimation of a Conspiracy.

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Entry Filed under: 18th Century,Arson,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Guest Writers,History,New York,Other Voices,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,USA

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1741: Prince, Tony, Cato, Harry and York

Add comment July 3rd, 2016 Headsman

On this date in 1741, according to Daniel Horsmanden’s relentless chronicle of his pursuit of the great New York slave conspiracy “Duane’s Prince, Latham’s Tony, Shurmur’s Cato, Kip’s Harry, and Marshalk’s York, negroes, were executed at the gallows, according to sentence; and the body of York was afterwards hung in chains, upon the same gibbet with John Hughson.”

Seventeen days have here elapsed since the most recent executions, but despite the lull in corpses New York’s high court has not rested its guard.

Those seventeen days consume 43 pages of Horsmanden’s journal. Roughly half of that space consists of confessions or “confessions”: it was by now obvious that this was the path to safety, and the colonial governor confirmed same by publishing on June 19th an amnesty “offer[ing] and promis[ing] His Majesty’s most gracious Pardon to any every Person and Persons, whether White People, free Negroes, Slaves, or others, who had been or were concerned in the said Conspiracy, who should on or before the first Day of July then next, voluntarily, freely and fully discover, and Confession make, of his, her or their Confederates, Accomplices, or others concerned in the said Conspiracy”

And so Horsmanden’s document grows heavy with lifesaving auto-denunciations. For late June and the first days of July alone we read

Confession of Mink, Negro of John Groesbeck, Before the Grand Jury.

The Confession of Tom, Ben. Moore’s Negro, Before the Grand Jury.

Confession of Wan, Indian Man of Mr. Lowe, Before the Grand Jury.

Confession of York, Negro of Marschalk’s.

Confession of London, Negro of Marschalk’s.

Confession of Pompey, Negro.(Mr. Peter De Lancey’s.) Before One of the Judges.

Confession of Caesar (Alderman Pintard’s) Negro, Before One of the Judges.

Confession of Cato, Col. MOORE’s Negro, Before One of the Judges.

Confessions of several Negroes, Before one of the Judges.

Confession of Starling, Mr. S. Lawrence’s Negro, Before one of the Judges.

The Confession of Quack, WALTER’s Negro. By an unknown Hand.

Confession of Dundee (TODD’s) Negro. Taken by a Private Hand.

Confession of London, (Mr. French’s) Negro, Taken before his Master by a private Hand.

Confession of Jack, (J. Tiebout’s) Negro, Before Alderman BANCKER.

Confession of London, a Spanish Indian (Wynkoop’s) Before one of the Judges.

Confession of Brash, Mr. PETER JAY’s Negro, Taken before one of the Judges.

Confession of Tom, (SOUMAIN’s) By a private Hand.
Examination & Confession of Jack, Mr. Murray’s Negro, Before one of the Judges.

Examination and Confession of Adam, Negro of JOSEPH MURRAY Esq;. Taken before one of the Judges.

Confession of Harry, KIP’s Negro, under Conviction. Before one of the Judges.

Confession of Cato, Mr. Shurmur’s Negro, under Conviction. Before one of the Judges.

Confessions taken this Day by Mr. Nicholls and Mr. Lodge, of the Fifteen following Negroes.

Confessions of the four following Negroes taken by Mr. George Joseph Moore.

Confession of Emanuel, a Spanish Negro, belonging to Thomas Wendover. Taken by a private Hand.

Confession of Cajoe, alias Africa, (GOMEZ’s) By a private Hand.

Confession of Tom, Mr. R. LIVINGSTON’s Negro: Before one of the Judges.

Confession of Pedro (DE PEYSTER’s Negro.) By John Schultz.

Confession of Jeffery (Capt. Brown’s) and Mars (Benson’s) Negroes: Before the Grand Jury.

Confession of Scotland, Mr. MARSTON’s Negro, Before one of the Judges.

Confession of Braveboy (Mrs. KIERSTEDE’s) Before one of the Judges.

Confession of Windsor (Samuel Myers Cohen’s Negro) Taken by John Schultz.

The Confessions of the seven Negroes following, taken by Mr. Nicholls and Mr. Lodge.

Minutes of Othello’s Examination & Confession, Taken before one of the Judges the 29th & 30th June.

Confession of Sam, Negro of Col. FREDERICK CORTLANDT, Before one of the Judges.

The eight following Negro Confessions were taken this Day by Mr. Nicholls and Mr. Lodge.

As each in turn named his names, the city hall’s cellar gaol grew overcrowded with plotters, some hundred or more in total as June ended. “Between the 19th and this day,” Horsmanden remarked in his June 27th entry, “there were upwards of Thirty Slaves more added to [the dungeon], insomuch that the Jail began to be so thronged, ’twas difficult to find Room for them.”

[W]e were apprehensive, that the Criminals would be daily multiplying on our Hands; nor could we see any Likelihood of a Stop to Impeachments; for it seemed very probable that most of the Negroes in Town were corrupted.

The Season began to grow warm, as usual; and … ’twas feared such Numbers of them closely confined together, might breed an Infection.

The spiraling investigation was not only a risk to public health: slaves were valuable property, too valuable to put to the torch without excellent cause. In New York Burning, Jill Lepore estimates that New York had perhaps 450 or so adult black men at this point, and about 200 of them were at some point implicated in the sedition. Horsmanden wasn’t kidding when he fretted “most of the Negroes in Town.”

Facing a potential bloodbath of truly horrifying expense, New York at this point began to pull back — it’s cold comfort to those still doomed like today’s quintet, but today’s mass hanging puts the affair onto the downslope.

On July 1 the colony’s chief justice, James De Lancey, returned from a mission mediating a Massachusetts-Rhode Island boundary dispute that had kept him away from New York for several months.

During De Lancey’s absence the entire progress of the arson scare and its subsequent investigations had unfolded. It had been spearheaded by a junior justice,* our correspondent Daniel Horsmanden.

Horsmanden compiled his The New York Conspiracy, or the History of the Negro Plot in 1742, and was keen to vindicate himself in an event that had obviously become controversial to his contemporaries — so Horsmanden’s account tends to efface the personal role of Horsmanden himself in preference to the institutional authority of the court as a whole.

Nevertheless, to a very great extent the judicial proceedings that turned New York upside-down in 1741 were Horsmanden’s own baby. He’s the chief investigator and interrogator; the confessions above taken “before one of the judges” were taken before Horsmanden. Others he won indirectly (“JOHN SCHULTZ made Oath, That whereas by the Judge’s Orders he took a Confession in Writing from the Mouth of Pedro …”) or secured for open court as a consequence of his private interrogations. A few times he even refers in the third person to actions of the “City Recorder”, which was a municipal office that Horsmanden himself also held.

Not incidentally, Horsmanden was also a man on the make: an arriviste English gentleman induced to try his fortune in the New World after meeting ruin in the South Sea Bubble. De Lancey, by contrast, was fruit of New York’s wealthiest family and an experienced hand in colonial politics. He’s too smooth to have given us a paper trail, but the space between the lines suggests that De Lancey may have returned to bring Horsmanden’s ship into the shore.

On July 2, the chief justice sat in court for the first time in this affair, ordering “Will, WARD’s Negro” to burn without wasting time on a trial. Indeed, although our series is not yet at its end, the negro plot trials are virtually finished once De Lancey returns; his court thereafter opens its daily proceedings only to adjourn, or to collect the pro forma guilty pleas and submissions to mercy of fresh batches of slaves — few of whom are now suffered to submit new confessions that would inevitably denounce new victims. The De Lancey court’s chief business becomes throttling down, emptying its docket, and arranging its inconvenient and unsanitary legion of basement prisoners for release or penal transportation.

But there were still loose ends to tie off, and the credibility of the court could scarcely admit abrupt reversals of what had already transpired.

Despite the amnesty, York (Marschalk’s),** Harry (Kip’s) and Cato (Shurmur’s) all happened to be convicted on the 19th. Discovering hours too late that the governor had extended his reprieve offer that very day, they immediately tried to clamber into safe harbor by admitting what they had already been condemned for — “THAT what was said against him at the Trial Yesterday, was true” — “That all that the Witnesses testified against him in Court on his Trial was true” — “THAT all the Witnesses who spoke against him at his Trial, spoke the Truth.” But that wasn’t good enough to save them, since their confessions post-conviction were not free and voluntary discoveries.

Tony and Prince, who shared their gallows but with whom this author would better share a foxhole, were proud and steely enough to venture a trial on June 26th in the midst of the amnesty window. It was a potential mass trial save that 12 other co-defendants opted out of simply by submitting confessions. Our two holdouts faced a cavalcade of slave accusations supplemented by the white arch-accuser Mary Burton and “asked the Witnesses no material Questions; upon their Defence, they only denied what had been testified against them.” New York executed these courageous men, of course.

According to Peter Zenger’s Weekly Journal (July 6, 1741), none of those executed on June 3 “acknowledg’d any Guilt; but by their Prevarications their Guilt appear’d too plain than to be deny’d” — a fine barometer of the prevailing climate — and one (unspecified) slave survived his execution and “after he had hang [sic] the common Time, or rather longer, when he was cut down, shew’d Symptoms of Life, on which he was tied up again.”

* Horsmanden was actually 12 years older than De Lancey, but outranked by De Lancey in stature and precedence.

** Another of Marschalk’s slaves named London was convicted along with York, Harry, and Cato — and subsequently confessed under exactly the same circumstances as his three hanged mates. It is unclear from Horsmanden’s record why London was spared but York was not merely hanged but gibbeted; one wonders whether the double financial hit to Mr. Marschalk might not have been the consideration — and if so, whether the master had to make an off-the-record Sophie’s choice between his men. Whatever the case, London was among a large number of slaves recommended on July 4 for transportation which had the effect of ridding New York of their seditious presence while also allowing their owners to recoup their sale value.

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Entry Filed under: 18th Century,Arson,Botched Executions,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Gibbeted,Hanged,History,Mass Executions,New York,Occupation and Colonialism,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,Treason,USA

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1555: John Bradford, in the grace of God

Add comment July 1st, 2016 Headsman

The Protestant martyr John Bradford, burned for his faith on this date in 1555, is the popularly reputed source of the idiom “There but for the grace of God go I” — a sentiment admirably fashioned for reckoning the scaffold.

Those who know their own hearts, will be ready to acknowledge, that the seeds of the worst and most aggravated wickedness which have been practised by other men, lie hid therein, (Matt. xv. 19,) and are only restrained from bursting forth by God’s grace. The pious Martyr Bradford, when he saw a poor criminal led to execution, exclaimed, “there, but for the grace of God, goes John Bradford”. He knew that the same evil principles were in his own heart which had brought the criminal to that shameful end. (Source)

It was certainly apt for Bradford himself, who got religion as a student in the 1540s, left off law studies for theology, and was ordained an Anglican deacon by Bishop Nicholas Ridley just in time for the wheel of fortune to spin back to Catholicism.

Clapped in prison within the first weeks of Queen Mary‘s attempted Catholic restoration, Bradford for a time shared lodgings in the Tower with both Ridley and Thomas Cranmer.

Alas, be he ever so pious, our holy martyr’s temporal legacy — his authorship of the aphorism attributed him — remains impossible to substantiate. The remark is not known to have appeared in print until well over two centuries after Bradford’s cold ashes melted into the Smithfield market, and it was thereafter attributed in the 19th century to a variety of other figures as well as to Bradford. (The rivals on no better authority than Bradford could claim, it must be said.) Sir Arthur Conan Doyle’s Sherlock Holmes, for instance, puts the remark in the mouth of 17th century divine Richard Baxter. (“I never hear of such a case as this that I do not think of Baxter’s words, and say, ‘There, but for the grace of God, goes Sherlock Holmes.'” in “The Boscombe Valley Mystery”)

But the mysterious provenance is only fitting, since that grace expired soon enough for John Bradford — as it does for all other flesh besides.

On this day..

Entry Filed under: 16th Century,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,God,Heresy,History,Language,Martyrs,Popular Culture,Public Executions,Religious Figures

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1948: Meir Tobiansky, by summary judgment

Add comment June 30th, 2016 Headsman

On this date in 1948, an alleged spy was extrajudicially executed by the Israeli Defense Forces.

This execution occurred during a short truce punctuating Israel’s War of Independence, but prior to the ceasefire the nascent IDF had become suspicious at Jordan’s gift for accurately targeting critical infrastructure in Jerusalem.

Suspicions came to settle on Meir Tobianski a Lithuania-born former British officer who had become a captain in the Jewish militia Haganah: as an employee of the Jerusalem Electric Corporation, he would have made a great informant for enemy artillerymen.

On June 30, 1948, Tobianski was kidnapped and driven to a depopulated Arab village (present-day Harel, Israel), where four intelligence officers demanded to know if Tobianski had given any information to his British colleagues at the utility (he had), and then declared him condemned as a spy. (Efficiently, they had already prepared the firing squad ahead of time.)

The chief of these four, Isser Be’eri, was later charged with manslaughter for the affair, receiving a symbolic one-day sentence. His subordinates, who were never charged, had long careers in Israeli intelligence; one of them, Binyamin Gibli would go on to help cook up a subsequent espionage debacle, the Lavon Affair.

Tobianski has been officially rehabilitated by Israel. Despite the irregularity of the proceeding against him, he’s sometimes described as the first of only two executions in Israeli history, alongside the much more procedurally defensible hanging of Adolf Eichmann.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Espionage,Execution,History,Israel,Jews,Occupation and Colonialism,Posthumous Exonerations,Shot,Spies,Summary Executions,Wartime Executions

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1726: Joseph Quasson

Add comment June 29th, 2016 Headsman

Hanged on this date in 1726, Joseph Quasson enjoys a minor distinction in the annals of the gallows press: according to friend of the blog Anthony Vaver, Samuel Moody’s account of Quasson’s long* jailhouse sojourn was the first published in the colonies as a standalone conversion narrative, without cover of an attached ministerial sermon.

And here it is:

* Quasson fatally shot a fellow enlistee serving during Father Rale’s War. There was no question about his guilt, but when the murder took place the next sitting of the court was nine months away so the man just got to cool his heels.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,England,Execution,Hanged,History,Maine,Murder,Occupation and Colonialism,Public Executions,Racial and Ethnic Minorities,Soldiers,USA

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1680: The wife of Abdullah Celebi, and her Jewish lover

Add comment June 28th, 2016 Headsman

At noon on Friday, 28 June 1680, people crowded into Istanbul’s Hippodrome, the city’s main public space, to stone to death a Muslim woman identified as ‘the wife of Abdullah Celebi’ for adultery with an infidel, and to witness the beheading of the Jew who was alleged to be her lover, a neighbourhood shopkeeper. Neighbours who had raided her home when they knew that the Jew was inside claimed to have found the couple having intercourse, which was doubly illicit: not only was she married, but sexual relations between Christian or Jewish men and Muslim women were forbidden by law. The accused denied any wrongdoing, but a mob dragged the two before the chief justice of the empire’s European provinces (known as Rumelia), Beyazizade Ahmet (d. 1686), who had previously been the main judge at Istanbul’s Islamic law (shariah) court.

Beyazizade accepted the testimony of the witnesses. Denying the accused a trial, he condemned the pair to death. Grand Vizier Kara Mustafa Pasha (d. 1683) reported his decision to Sultan Mehmet IV (r. 1648–87, d. 1693), who confirmed the sentence. The sultan attended the double execution in person and offered the man conversion to Islam, permitting him to die swiftly and with dignity by decapitation. Mehmet IV was the only sultan to order an adulteress to be executed by stoning during 465 years of Ottoman rule in Istanbul.

Indeed, public stoning of adulterers was such a rare event in medieval and early modern Islamic history that it is difficult to find any other examples of Islamic rulers punishing transgressors of sexual norms in this way.

This remarkable double execution comes to us by way of three Muslim chroniclers via “Death in the Hippodrome: Sexual Politics and Legal Culture in the Reign of Mehmet IV” by Marc Baer* — whom we have excerpted above. Regrettably, it’s entombed behind a paywall.

Our Ottoman interlocutors universally hold the stoning and beheading as a gross moral failure on the part of both judge and sultan. To begin with, all three chroniclers consider the accusation against the couple legally groundless: evidently the two were not really caught in flagrante delicto and both denied the liaison; this led Sari Mehmet Pasha** to sharply criticize the judge for even admitting neighbors’ suspicions as evidence — rather than punishing the accusers themselves for slander.

According to shariah it is incumbent to accept such testimony only when this situation is witnessed with one’s own eyes, meaning that the witnesses actually see the man insert his penis in and out of the woman ‘like inserting the reed pen in and out of the kohl pot’. But this is one of those impossible conditions set forth to ensure that such charges and their punishment are not frivolously made. Moreover, what is also needed is the woman’s own confession, or admission of guilt. Yet in this case she insistently denied the charge. The Jew likewise continuously claimed he had no knowledge of the affair.

Indeed, another astonished chronicler, Mehmet Rashid, believed that the law required such exacting pornographic specificity of a witness that no adulterers had ever been executed in the history Islam without their own confession. All describe the eyewitness standard as a shield, not a cudgel.

Moreover, even a demonstrable crime of the flesh — and even one committed by a Jew or Christian with a married Muslim woman — ought not result in capital punishment according to religious scholars of the period marshaled by Baer. (At least, not of the man: theoretically the woman could be stoned to death although in practice this never occurred either.)

What was bizarre and blameworthy to contemporaries was that an esteemed judge issued a verdict of literally historic harshness on such dubious grounds — and that the sultan seemed eager not to restrain, but to enforce it. Their narratives† cast Mehmet in a very dark light. “Let me see [the executions] in person,” he says in Silahdar Findiklili Mehmet Agha’s account — then makes a point to cross the Hellespont that morning from the Asian to the European side of the city the better to establish himself in a mansion commanding a view of the ceremonies.

At that time they brought the woman and the Jew to the place of execution. Being told, “Become a Muslim, you will be redeemed, you will go to Paradise,” the Jew was honored by the glory of Islam and then decapitated at the base of a bronze dragon

Wailing and lamenting, [the woman] cried, “They have slandered me. I am innocent and have committed no sin. For the sake of the princes, do not kill me, release me!” But they did not let her go.

Since the incident is unique even in Mehmet’s own long reign one draws larger conclusions at one’s own risk: hard cases make bad law. But it might be possible to perceive here a misjudgment by a man who, having grown to manhood out of the shadow of the dangerous harem that had lately dominated Ottoman politics felt keen to assert himself as a champion of realm and faith alike. (And his sex into the bargain.)

Baer presents Mehmet as an unusually eager proselytizer, always ready with a conversion blandishment whether for infidels captured in the empire’s European wars or for chance encounters with Jewish and Christian commoners. (He also forced a noted rabbi, Shabbatai Tzevi, to convert after the latter started getting some traction as a possible Messiah, and eventually began pressuring Istanbul’s numerous court Jews — physicians, advisors, and miscellaneous elite intelligentsia — to become Muslims as well.) And a Muslim movement had in recent years clamped down on carnivalesque diversions like taverns and public singing thought to trend toward impiety.

Three years later, Mehmet would (over)extend the Porte’s sway to the gates of Vienna. But Mehmet’s defeat there helped to collapse his own power back home, and he was deposed in 1687.

Our correspondents, writing in the wake of that reversal, unmistakably view affairs like this date’s executions as evidence of moral depravity that was punished by its authors’ subsequent misfortunes. Writing of the once-powerful judge, who chanced to die around the same time Mehmet fell, Defterdar concludes that “Beyazizade fearlessly persevered in the matter without scruple” until “the hearts of young and old turned away from him in disgust” and he fell “from the summit of his dignity.”

* Past and Present, Feb. 2011

** The imperial treasurer, himself executed in 1717.

† It does bear remarking that all three chroniclers wrote after Mehmet IV’s own fall.

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Entry Filed under: 17th Century,Beheaded,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,Gruesome Methods,History,Jews,Milestones,Notable Jurisprudence,Ottoman Empire,Public Executions,Sex,Stoned,Turkey,Women,Wrongful Executions

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1844: Joseph Smith, founder of Mormonism, lynched

1 comment June 27th, 2016 Headsman

Joseph Smith, the strange founder of America’s most successful home-grown religion, was lynched on this date in 1844 at the jail in Carthage, Illinois.

Mormonism today boasts some 15 million adherents but it all started in the 1820s when Smith, then an energetic young mystic in the revival hotbed of western New York, claimed to have been guided by an angel to plates engraved in a made-up language that only he could translate and only that one time because the plates disappeared back to angelic custody after Smith’s perusal. It will not be news to this site’s LDS readers that few outside the faith place this origin story on the near side of the laugh test, but then, it is the nature of religions to appear ridiculous to outsiders: Christ crucified is unto the Greeks foolishness.

Smith’s heretical story of America as the ancient zone of a literal “New Jerusalem” founded by Israelites with a theretofore unknown gift for transoceanic navigation was certainly a stumbling-block for Protestant American neighbors, who harried from state to state — a practically Biblical sojourn through the desert — the fast-growing community. It came to pass* that the young man’s implausible scripture struck a resonant chord for the young nation.

“It was a really powerful religion,” says John Dolan in an episode of the War Nerd podcast.** “It said, our people have always been here, America is the promised land, you’re at home here. And that meant so much to 19th century Americans.”

The strange new sect’s capacity for punching above its weight in the missionary game also unleashed violently hostile reactions, marrying to its settler theology a compelling lived experience of persecution. The march of the movement across the continent has an astonishing, can’t-make-this-up character — “full of stir and adventure” in Mark Twain’s words, so again a perfect fit for America.

A few books about Joseph Smith

Smith took his fledgling faith from its New York birthplace to Kirtland, Ohio — where he was fortunate to survive a tarring and feathering in 1832 — and then onward to Missouri where a dirty vigilante war led the governor to issue a notorious “extermination order”: “the Mormons must be treated as enemies, and must be exterminated or driven from the state if necessary for the public peace.” Scrabbling for a homeland and pursued by a Missouri treason charge (!) Smith ducked over the western border to Illinois and set up a Mormon town called Nauvoo.

The faith was barely a decade old and still struggling to find an equilibrium. While Smith fought the last battle by creating a gigantic militia to protect his flock from the sorts of military attacks it had faced in Missouri — which state still sought Smith’s head in the 1840s — he attained his martyrdom as the fallout of prosaic internal politics. Seeking to suppress schismatic Mormons, Smith in June 1844 ordered the destruction of their critical newspaper, the Nauvoo Expositor.†

By now having worn out his welcome with yet another state, the unpopular Smith became the subject of an Illinois arrest warrant as a result of this lawless attack on his rivals. Expecting better treatment than Missouri would have offered him and angling to keep Mormons in an amicable relationship with neighbors, Smith this time chose to turn himself in to face trial for inciting a riot, along with his brother Hyrum Smith and two other Mormon leaders, Willard Richards and John Taylor.‡

But in this case, the law did not take its course.

On the afternoon of June 27, 1844, a mob of 200 armed men stormed the jail in Carthage where the Mormons were held, meeting only token resistance. (Indeed, many of the force assigned to guard the Mormons joined the attackers instead.) They gunned down Hyrum Smith on the spot and drove Joseph Smith — firing back all the while — to a window where a fusillade knocked him out of the second story. His body was shot up and mutilated; one of the numerous accounts of those moments even has it that the corpse was propped up for a summary firing squad “execution.”

Whatever else one could say of Joseph Smith, he forged a community that survived its founder’s death, and is thriving still nearly two centuries on. With Smith’s passing, leadership of the Mormons fell to Brigham Young, who brought the Mormons out of Illinois for their destiny in Utah.

* Smith — or the angel Moroni, if you like — amusingly abuses the portentous clause “it came to pass” in the Book of Mormon, repeating it in about one-fifth of the tome’s verses.

** Also recommended: Dolan’s article on Joseph Smith as an outstanding product of an era of “text-finding” — his book offering pious Americans their greatest desideratum, a national link to God’s Biblical chosen people much like James MacPherson‘s forged Ossian epic thrilled the patriotic fancies of Scots discomfitingly swallowed up into Great Britain.

† The Expositor published only one single issue: the June 7, 1844 edition that caused its immediate suppression and eventually Smith’s death.

‡ Both Richards and Taylor survived the mob attack on Carthage Jail. Taylor in 1880 succeeded Brigham Young as president of the church.

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Entry Filed under: 19th Century,Borderline "Executions",Disfavored Minorities,Famous,History,Illinois,Lynching,Martyrs,No Formal Charge,Politicians,Popular Culture,Religious Figures,Rioting,Shot,Summary Executions,USA

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