On November 14 and 15, 1726, more than 20 Gypsy outlaws of Hesse-Darmstadt
Detail view (click for full image) of the execution of the Gypsies at Giessen.
Gypsies in Europe still suffer ample discrimination today, so it’s little surprise to find early modern Europe thick with anti-Gypsy legislation.
No surprise, Angus Fraser writes in The Gypsies, this sort of thing
did in the end produce enormous changes in the life of the Gypsies in Europe. To survive, they had to adapt; they also had to make the most of the loopholes in a system which expressly sought, by denying them food and shelter, to make honest living impossible. Some found a degree of security in inaccessible waste-lands and forests. Some exploited differences in jurisdiction and the spasmodic nature of the authorities’ activity, by making a home in frontier regions … Many broke up into small groups when it was necessary to avoid attention; conversely, others gathered into larger bands to facilitate self-protection … sometimes resorting to violence. Certain Gypsy brigands gained notoriety in eighteenth-century Germany, large tracts of which were overrun with robber companies of mixed and varying origins. Some of these had a strong Gypsy element: numbering perhaps 50 or 100, armed and defiant, they stole for their sustenance and skirmished with the soldier-police sent to confine them.
“The poor Gypsies,” one poor Gypsy lamented to a contemporary German author,* “also want to have the right to live.”
Like the Gypsies’ other necessities, that right went as far as they themselves could secure it … and when secured by brigandage, it eventually brought down an overwhelming response.
The German author in question, J.B. Weissenbruch, relates the tale of a particularly notorious pack of Gypsy outlaws under the leadership of rough characters names of Antoine la Grave, aka “der Grosse Galantho” or “the Great Gallant”, and Johannes la Fortun, aka “Hemperla”.
These were no romantic Johnny Depp-esque Gypsies, at least according to Weissenbruch. Besides “their disposition to wandering, to idleness, to theft, to polygamy, or rather promiscuous license” — well, okay, sort of romantic — these went toe to toe with soldiery dispatched to corral them and had the chops to “take military possession” of a village for the purpose of exacting some corporal revenge.
We know where this ends up.
Though the Great Gallant escaped punishment,† Hemperla and 20-plus of his band (different sources quote slightly different figures) enjoyed the pleasures of the thumbscrew and the Spanish boot to secure confessions necessary to license their sentences. Some were hanged, others (including women) beheaded, and Hemperla and a few comrades were broken on the wheel.
* Cited here; regrettably, I have not been able to locate a browsable original of the Weissenbruch text.
Barring a last-minute stay of execution, Khristian Oliver will be put to death late this afternoon.
(Update: Khristian Oliver has indeed been executed as scheduled. His likeness lives on in an altarpiece made by his father, an artist.)
In 1998, Oliver, now 32, shot and killed a man whose home he was burglarizing. Oliver’s guilt isn’t being questioned. The argument his attorneys and supporters are using to stave off his upcoming execution has to do with how the jurors in his case handled his sentencing.
Juries debating this most difficult decision often reach for Biblical guidance, and there are no shortage of verses that relate to capital punishment, including the famous “eye for an eye” passage(s). Courts have ruled this improper, not because the Bible is a religious document, but because it is extrinsic evidence, meaning it was not properly introduced as evidence.
To write the book, I shadowed a North Carolina legal team for four and a half years as they fought to overturn the death sentence of a man named Bo Jones. The attorneys crisscrossed the back roads of North Carolina to track down and interview most of the jurors from the trial, two of whom chased them off their property. In the end, the attorneys found one woman who claimed that a Baptist minister on the jury had brought a Bible into the room and quoted passages from it.
In the end, this claim didn’t help Bo Jones. A federal appeals judge threw it out, saying his lawyers hadn’t proved that the Bible-quoting had influenced the jury’s verdict. But Jones’s attorneys had plenty of other arguments up their sleeves, while Oliver’s supporters seem to be putting most of their emphasis on the Bible argument.
It remains to be seen whether this will bewas not enough to spare his life.
On this date* in 1796, France enacted what was long held to be one of its most notorious miscarriages of criminal justice by cutting off the head of Joseph Lesurques.
Lesurques was taken for the one of a gang who had sensationally robbed and murdered a mail courier early in 1796, and on the basis of slight eyewitness testimony condemned to die. The only reason he was associated with the crime in the first place was because his friend had been mistakenly accused, and then released, and Lesurques accompanied him to the court to retrieve the friend’s papers where he was “recognized.”
Eyewitness testimony having juridical pull far in excess of its dependability,** this “recognition” was worth the man’s life.
The famous French Revolution executioner Sanson was still in the game at this point, and his grandson (not yet born at this time) used the family notes to pull together this quasi-firsthand account in Memoirs of the Sansons. It’s a tale familiar to any present-day wrongful conviction scenario, of bad evidence snowballing, a blinkered prosecutor intent on conviction, pettifogging appellate authorities, and grim, relentless bureaucratic momentum.
(The names the Memoirs render as “Courriol” and “Dubosc” are also given as “Couriol” and “Dubosc” in other sources.)
the instructing magistrate … instead of imitating the prudence of his Parisian colleague and trying to discover the truth, applied himself to the collection of proofs of the guilt of the prisoners …
Fifteen witnesses on behalf of the defence proved an alibi in favour of Lesurques, eighty-three others spoke highly of his well-known respectability; but their evidence went for nothing in opposition to those who, with singular pertinacity, maintained that Lesurques was one of those who had been seen lurking near the scene of the murder on the night when it was committed …
On hearing his condemnation, Lesurques, who had been firm and collected throughout the trial, lost his self-possession, and raising his hands to heaven he exclaimed:
“The crime which is imputed to me is indeed atrocious and deserves death; but if it is horrible to murder on the high road it is not less so to abuse the law and convict an innocent man. A day will come when my innocence will be recognised, and then may my blood fall upon the jurors who have so lightly convicted me, and on the judges who have influenced their decision!”
…
On the 9th of Brumaire, year 5 (October 30, 1796), my grandfather and father proceeded to the Conciergerie, and found the convicts in the hall, through which so many had passed during the Reign of Terror. David Bernard† was in a state of utter prostration; Courriol, on the contrary, was excited. As to Lesurques, he was as calm and fearless as ever. When he saw my grandfather, whose white hair sufficiently designated him as the chief executioner, he stepped up to him, and said, holding out a sealed letter:
“Citizen, I hope for the honour of human justice that your functions do not often compel you to shed the blood of a guiltless man; I hope, therefore, that you will grant the last request of a man who is about to suffer for what he has not done. Be good enough to keep this letter, which may hereafter contribute to the restoration of the honour of my wife and poor children, whereof they have been so unjustly deprived.”
While one of his assistants was cutting the unfortunate man’s hair, my grandfather read the paper Lesurques had just given him. It was a letter addressed to Dubosc, the man in whose place he was condemned. It ran as follows:
“To Citizen Dubosc.
“Citizen Dubosc, — I do not even know you, and I am going to suffer the death which was reserved for you. Be satisfied with the sacrifice of my life. Should you ever be brought to account, remember my three children and their mother, who are disgraced for ever, and do not prolong their agony. Confess that you are the man.”
…
All preparations were now concluded. Lesurques, of his own choice, was dressed in spotless white, symbol of his innocence. He was the first to take his place in the cart; Courriol followed him, and Bernard, who had fainted, was deposited on the straw. Then began the most dismal and extraordinary journey that ever was made from the Conciergerie to the Place de Greve. Lesurques and Courriol stood in front. At every turn of the wheel, Courriol exclaimed in a piercing voice:
“I am guilty! Lesurques is innocent!”
And for twenty minutes, that is during the whole way to the guillotine, he perseveringly repeated his awful protest against justice. The crowd was horrified, and there were few who did not believe the murderer who confessed his crime, but who proclaimed his companion’s innocence. Courriol again repeated his words at the foot of the scaffold with extraordinary energy and vehemence, and the thump of the knife but just covered his supreme shriek:
“Lesurques is innocent!”
…
The judicial authorities have perseveringly refused to recognise this flagrant miscarriage of justice. And yet the innocence of Lesurques was amply demonstrated a short time after his execution: all the real murderers of the courier of Lyons designated by Courriol were captured; Dubosc himself, whose fatal resemblance to Lesurques was the cause of the latter’s death, was taken and tried … he was executed just four years after Lesurques …
The Lesurques heirs were left paupers by the state’s punitive confiscation of the “bandit’s” effects; after a quarter-century (during which the widow died in a madhouse), they were at least able to recoup their material loss, but although repeatedly challenged, the conviction itself was never reversed.
Judicial and literary skirmishing over the Lesurques matter continued for decades, gradually forming into a general consensus (whatever the courts might admit) that the man was wrongly accused.
As a result, Lesurques remained a potent symbol of capricious criminal justice overreach throughout the 19th century and into the 20th: this 1874 reader, Famous Cases of Circumstantial Evidence, has a full chapter on the case; a popular Victorian play titled The Lyons Mail was translated into a now-lost 1915 silent film and a 1931 talkie … albeit with a happy ending.
To a certain, inevitably well-represented, authoritarian demographic, any credence given to the self-evident proposition that wrongful convictions happen smacks of effrontery towards betters, and the Lesurques case was no exception … especially when paired with the coincident low ebb of public esteem for Power during the Dreyfus affair, which hit while The Lyons Mail was in vogue.
An advert insert in an unrelated 1903 book plumps a “Lesurques was guilty” position, riffing on the then-current Dreyfus controversy (”recent efforts in France to bring about the revision of a celebrated case”). This book is listed, but unavailable, on Amazon.com.
L’ affaire Lesurques never (so far as I can determine) reached a resolution; it simply faded away, 140 years or so after its namesake lost his head.
A late (1930) review of its particulars in the Journal of the American Institute of Criminal Law and Criminology (”The Moving Story of the Lyons Stage,” by Max Radin of UC-Berkeley, May 1930) proceeds with ingenuousness embarrassingly unbecoming a professor of the law.
Judicial errors do not occur in the United States. [!!!] Under these circumstances, we can look with some satisfaction on times and places in which this happy condition did not prevail. If in the cycle of existences our perfection should ever become visibly tainted, it may happen that we shall hang men or electrocute them and subsequently regret the fact. Perhaps some one will then recall the moving story of the Lyons stage.
Sounds like it’s ready for a revival.
* A few sources say March 10, 1797, but the most and best clearly lean to October 30, 1796.
** “Juries have an unfortunate faith in the accuracy of eyewitnesses,” William Davis Gross observes. “The propensity for blunder is so great that it is nearly equal to all other forms of error combined.” (”The Unfortunate Faith: A Solution to the Unwarranted Reliance Upon Eyewitness Testimony,” Texas Wesleyan Law Review, spring 1999)
† Bernard is a footnote in the story, but he seems to have received a raw deal himself: he was the liveryman who procured the horses for the highwaymen, but did not participate in the crime. Sanson passingly refers to Bernard as “but slightly guilty.”
On this date in 1415, on the eve of the Battle of Agincourt, the young English King Henry V approved the execution of his onetime boon companion Bardolph in William Shakespeare’s Henry V.
The fictional Bardolph had been the ruddy-nosed friend of Henry’s in the Henry IV plays (Part 1, Part 2), where the hard-drinking, rabble-rousing young prince is a disappointment to the father who fears his heir will never merit the throne.
By Henry V, the boy has become the ruler, and launched an audacious incursion into France during the Hundred Years’ War.
Hal’s willingness to own the rough decisions of statecraft — in this case having his friend put to death further to his win-French-hearts-and-minds policy — is part of his coming of age as Henry V.
Whether that means Hal’s maturation into regal dignity or the corruption of his humanity by power is up to the reader.
KING
How now Fluellen, cam’st thou from the Bridge?
FLUELLEN
I, so please your Maiestie: The Duke of Exeter
ha’s very gallantly maintain’d the Pridge; the French is
gone off, looke you, and there is gallant and most praue
passages: marry, th’ athuersarie was haue possession of
the Pridge, but he is enforced to retyre, and the Duke of
Exeter is Master of the Pridge: I can tell your Maiestie,
the Duke is a praue man
KING
What men haue you lost, Fluellen?
FLUELLEN
The perdition of th’ athuersarie hath beene very
great, reasonnable great: marry for my part, I thinke the
Duke hath lost neuer a man, but one that is like to be executed
for robbing a Church, one Bardolph, if your Maiestie
know the man: his face is all bubukles and whelkes,
and knobs, and flames a fire, and his lippes blowes at his
nose, and it is like a coale of fire, sometimes plew, and
sometimes red, but his nose is executed, and his fire’s
out
KING
Wee would haue all such offendors so cut off:
and we giue expresse charge, that in our Marches through
the Countrey, there be nothing compell’d from the Villages;
nothing taken, but pay’d for: none of the French
vpbrayded or abused in disdainefull Language; for when
Leuitie and Crueltie play for a Kingdome, the gentler
Gamester is the soonest winner.
This is Laurence Olivier’s 1944 version of the scene, with the commoner Bardolph well off-camera:
… and Kenneth Branagh’s more pathos-laden 1989 interpretation, with the king wavering a moment as he locks eyes with his doomed subject, and flashing back to bygone scenes of conviviality before delivering his troop the stern lesson of his friend’s strangling:
(Thanks to Jonathan Shipley of A Writer’s Desk for the guest post. -ed.)
“Into the hands of the Almighty God I commit my soul, relying on his mercy … and die an unworthy member of the Presbyterian Church, in the 29th year of my age.”
These were the last words of Rachel Wall, on this date in 1789. It was she, whom the Presbyterians must have frowned upon mightily, who was the last woman hanged in Massachusetts and, further, the first noted American-born female pirate.
No walking the plank for her. She was hanged, proven guilty of robbery, by Sheriff Joe Robinson on a beautiful fall day. Her downfall after a brief career with her husband of piracy, thievery and murder? A pretty bonnet.
Rachel, around the age of 16, loved the water. The boats and dockyards always spoke to her. Born on a farm outside of Carlisle, Pennsylvania, it bored her; so, while in Harrisburg, she went to the docks. She was harassed, harangued and attacked by a group of girls. Enter George Wall –- a fisherman and former privateer who served in the Revolutionary War. He saved Rachel from the girls and Rachel, against her devout Presbyterian parents, eloped with him.
They went to Boston where she stayed on as a servant girl while George plundered. He convinced her to join him and his cohorts in piracy. It proved successful, for a time.
Their plan was this: anchor near an island during a storm. When it passed, make their boat appear damaged. When another boat came, Rachel would shout for help. Help would come. They’d then murder the would-be rescuers, steal their valuables, and sink their ship. Those awaiting the unfortunate sailors would think simply that the storm had taken them away, not Mr. and Mrs. Wall. Between 1781 and 1782 they captured 12 boats, murdered 24 sailors and kept around $6,000 in booty for themselves.
Another Brick in the Wall
This plan worked quite well, until September of 1782 when one storm proved too powerful. George Wall and his motley crew drowned. The only survivor was Rachel. She returned to Boston and in the remaining years of her life she became a maid, a petty thief, and possibly a prostitute, stealing from johns as they slept.
Then, the bonnet incident.
One day Margaret Bender, a 17-year-old Bostonian, was minding her own business, walking down the street, a pretty bonnet affixed to her head. Wall, seeing said bonnet, pushed Bender down, stole the bonnet and then tried to rip out the girl’s tongue. Wall ran from the police when they were summoned. She was caught, put in jail and tried on September 10, 1789 for robbery (she copped to her piratical career, but claimed she had never killed anyone). Less than a month later, she hung from the gallows.
William Brodie, respectable burgher by day, Deacon of the Guild of Wrights, wasn’t the type for the gallows. Actually, the upright citizen is said to have proposed an improvement in the old Tolbooth gallows, replacing the old-school ladders with a forward-thinking drop mechanism.
“Brodie,” says Traditions of Edinburgh, “was the first who proved the excellence of [the] improvement … He inspected the thing with a professional air, and seemed to view the result of his ingenuity with a smile of satisfaction.”*
Insouciance in the face of mortality … but Brodie had plenty of practice in compartmentalization.
With a gambling habit, a couple of mistresses, and five kids, Brodie the oleaginous society man had a double life, or treble, or more. By and by, the well-known tendency of such profligate pastimes to lead a man to venture his neck in order to keep up appearances worked its will upon Brodie, who began using his contracts with Edinburgh’s upper crust to case their houses and copy their keys … returning at night to burgle his employers.
It was taking on partners that did in the budding master thief; inevitably, someone flipped to dodge the gallows himself. Brodie’s cover was blown, and he hanged with his confederate George Smith, keeping up appearances to the very end.
That earlier composition hasn’t been entrusted to celluloid, to my knowledge (though there is a Deacon Brodie film of recent vintage). But Jekyll and Hyde has been.
Brodie himself is supposed to have made his own bid to live on by surviving the hanging. William Roughead in Classic Crimes describes these machinations whose generally attested failure is now and again disputed anew.
Of the plans, various and futile, formed for the resuscitation of the Deacon there are two contemporary and competing versions. One is that the hangman was bribed to tamper with the rope, so as to give a short fall and avoid dislocation of the vertebrae. But by an excess of caution that officer first made it too short and then too long. The body, when cut down, was placed in a cart and driven furiously round the back of the Castle to the Deacon’s woodyard at the foot of Brodie’s Close, so that animation might be restored as in the historic case of “half-hangit Maggie Dickson,” a lady whose departed spirit was recalled by similar Jehu methods. In his own workshop his veins were opened by a French surgeon, whose services had been retained to that end; but all the resources of science could not bring the Deacon back to life. According to another account, he had, before leaving his cell for the last time, been supplied with a small silver tube for insertion in his throat at the final ceremony in order to prevent suffocation, and wires were carried down both his sides from head to foot to counteract the jerk of the fall. In spite of these precautions and of subsequent bleeding by a surgeon, his friends had reluctantly to admit that “Brodie was fairly gone.”
* This “tradition” of Edinburgh is kin to a folkloric subgenre and should not at all be presumed dependable. Roughead:
Of the many picturesque legends of old Edinburgh which, in defiance of truth, cling like ivy about her vanished past, one of the most persistent is that Deacon Brodie was the first to suffer upon the new drop which he himself designed. This myth, upon research, I found myself reluctantly compelled to disprove. He may have planned the “moveable platform for the execution of criminals,” which the Town Council caused to be erected in 1786 at the west end of the Tolbooth; but it was certainly not of his construction, nor was he the first to benefit by its ingenuity. The place of execution was the roof of a low building which projected from the west gable of the prison — roughly where the Buccleuch statue now stands. A beam was drawn out from an aperture in the wall above the platform and from this depended the fatal rope.
On this date in 1961, two former Turkish ministers of state were hanged together on the island of Imrali.*
A ten-month trial on the island of Yassiada had ended just the previous day, condemning 15 to death; 12 sentences were commuted, leaving only the biggest fish to fry.
Zorlu, the former Foreign Minister, and Polatkan, late the Finance Minister, were both implicated in the financial crimes often characteristic of high office. Zorlu was also condemned for helping instigate a notorious 1955 anti-Greek riot. The two were helicoptered to Imrali for a pre-dawn hanging.
Zorlu, at least, was reported to have died game. He helped slip the noose over his own neck, and at his hanging “asked that he be allowed to kick away the chair himself. Permission was granted.” (Los Angeles Times, September 18, 1961)
* Tangentially, the prison on Imrali is the one American drug-smuggler Billy Hayes subsequently escaped from. Hayes went on to write Midnight Express, later adapted for the silver screen by Oliver Stone.
On this date in 1812, Daniel Dawson “suffered the awful sentence of the law, at the top of Cambridge Castle, amidst a surrounding assemblage of at least twelve thousand spectators, it being market-day.”
The crowd was an appropriate ornament to the condign punishment of the most famous horse-poisoner in English history — and perhaps the most severely-punished sports cheat in all of modernity.
A tout scrabbling his living about the storied Newmarket tracks of Cambridge, Dawson killed the favorite for a high-profile race (and three other horses besides) by poisoning their trough, intending only to hamper the beasts enough to make good a variety of bookies’ bets against the fair Pirouette.
Although acquitted for that crime, Dawson was promptly returned to the dock for a previous, and previously unsolved, horse-poisoning, and convicted under a “black act” statute to punish livestock-killing.
According to the inevitable trial pamphlet, freely available from Google Books,
DAWSON behaved with a sullen and impudent levity during the trial, and he frequently abused the witnesses whilst giving their testimony, loud enough to be heard throughout the court … with horrid imprecations, ill becoming his unhappy situation, and at other times he was nodding at and saluting with his hand different persons in court. The verdict of GUILTY had not the slightest effect on him, and his general conduct was altogether depraved. On his return to the castle, his conduct, at times, bordered on insanity, and he appears too illiterate to feel a consciousness of wrong, although he has confessed his guilt to the full extent.
(Katherine Watson adds that although Pirouette’s owner sought a reprieve for the poisoner, Dawson “spoke bitterly of the hypocrisy of the Jockey Club, few of the members of which were above cheating.”)
Mary Standford was convicted of privately stealing a shagreen pocket book, a silk handkerchief, and 4 guineas from William Smith on July 11, 1726. After her conviction, she strongly rejected transportation to the American colonies as an alternative to execution.
Early Years
Standford was raised just outside of London by good parents who sent her to school and educated her in the principles of Christian values. Standford, however, showed more interest in the “Company of Young Men,” so she was sent to London to become a servant, where she lost several positions due to her behavior. In her last position she was seduced by a footman, which subsequently forced her into prostitution.
Standford quickly fell in company with Mary Rawlins, “a Woman of notorious ill fame,” and the two of them walked the streets between Temple Bar and Ludgate-Hill looking to empty the pockets, one way or another, of gullible men. Later, they had considerable success targeting sailors who, after returning from their voyages, had money to spend for their favors. Standford eventually married a man with the last name of Herbert, but after a year and a half she left him or, by her account, he abandoned her. Soon afterward, she had a child out of wedlock from another man, who was a servant.
Standford’s Arrest
With two mouths to feed, Standford set out to practice prostitution on her own, and it was then that she was arrested for theft. William Smith, who brought her to trial and was surprisingly frank in his testimony, related that he was walking along Shoe Lane after one o’clock in the morning when he was approached by Standford, who offered him to “take a Lodging with her.” He spent 2 or 3 three hours with her, all the while ordering drinks to be brought up from downstairs. He soon realized that he was missing money, and when he confronted Standford about it, she bolted from the room.
A constable caught Standford running away from Smith in the street. He picked up one of Smith’s guineas after Standford had dropped it, and he found another in her hand and two in her mouth. He also discovered Smith’s handkerchief and pocket book on her. In his testimony, the constable called Smith a “Country Man” and described him as very drunk at the time.
Standford’s version of the event was quite different. She claimed that Smith was drunk when she met him, and that he forced himself up to her room. There, he placed the four guineas one by one in her bosom and then threw her onto the bed. In the struggle, she speculated that his pocket book must have fallen out of his pocket, and when she discovered it after he left, she ran after him to return it. Not believing her story, the jury found her guilty, and she was sentenced to death.
A Rejection and a Defense of Transportation
After receiving her sentence, Standford’s friends pleaded with her to ask for a pardon in exchange for transportation. Standford refused, “declaring that she had rather die, not only the most Ignominious, but the most cruel Death that could be invented at home, rather than be sent Abroad to slave for her Living.”
The author of the Lives of the Most Remarkable Criminals was baffled by Standford’s position and presents a lengthy defense of the institution of convict transportation:
such strange Apprehensions enter into the Heads of these unhappy Creatures, and hinder them from taking the Advantage of the only possibility they have left of tasting Happiness on this side the Grave, and as this Aversion to the Plantations has so bad Effects, especially in making the Convicts desirous of escaping from the Vessel, or of flying out of the Country whither they were sent, almost before they have seen it. I am surpriz’d that no Care has been taken to print a particular and authentick Account, of the Manner in which they are treated in those Places; I know it may be suggested that the Terrour of such Usage as they are represented to meet with there, has often a good Effect in diverting them from such Facts as they know must bring them to Transportation, yet . . . if instead of magnifying the Miseries of their pretended Slavery, or rather of inventing Stories that make a very easy service, pass on these unhappy Creatures for the severest Bondage. The Convicts were to be told the true state of the Case, and were put in Mind that instead of suffering Death, the Lenity of our Constitution, permitted them to be removed into another Climate, no way inferiour to that in which they were born, where they were to perform no harder tasks, than those who work honestly for their Bread in England do, and this not under Persons of another Nation, who might treat them with less Humanity upon that Account, but to their Countrymen, who are no less English for their living in the New, than if they dwelt in Old England, People famous for their Humanity, Justice and Piety, and amongst whom they are sure of meeting with no variation of Manners, Customs, &c. unless in respect of the Progress of their Vices which are at present, and may they long remain so, far less numerous there than in their Mother-Land. I say if Pains were taken to instill into these unhappy Persons such Notions . . ., they might probably conceive justly of that Clemency which is extended towards them, and instead of shunning Transportation, flying from the Countries where they are landed, as soon as they have set their Foot in them, or neglecting Opportunities they might have on their first coming there, be brought to serve their Masters faithfully, to endure the Time of their Service chearfully, and settle afterwards in the best Manner they are able, so as to pass the Close of their Life in an honest, easy, and reputable Manner; whereas now it too often happens, that their last End is worse than their first, because those who return from Transportation being sure of Death if apprehended, are led thereby to behave themselves worse and more cruelly than any Malefactors whatsoever (Vol. III, pp. 287-289).
The author’s cheery account of life as an indentured servant in the American colonies certainly makes transportation sound like a compelling alternative to execution. The reality of life overseas under such conditions, though, does not match this picture, and some criminals valued their liberty over enforced servitude, even if it meant their own death.
Execution
In his account of her execution, James Guthrie, the minister at Newgate Prison, described Standford as “grosly Ignorant of any thing that is good.” He went on to say that “she was neither ingenious nor full in her Confessions, but appeared obstinate and self-conceited.” Standford continued to maintain her innocence in the affair with Smith, and she appeared indifferent about the fate of her child, expressing to Guthrie the hope that the parish would take care of it. Guthrie claimed, however, that “she acknowledg’d herself among the chief of Sinners.”
Mary Standford was executed on Wednesday, August 3, 1726 at Tyburn. She was 36 years old. Executed alongside her were 3 other criminals. Thomas Smith and Edward Reynolds were both sentenced to die for highway robbery. John Claxton, alias Johnson, was put death for returning twice from transportation before his 7-year sentence had run out.
Resources for this article:
Lives of the Most Remarkable Criminals. 3 vols. London: John Osborn, 1735.
On this date in 1777, they hanged the macaroni parson at Tyburn.
High-living, Cambridge-educated vicar William Dodd achieved this emasculating nickname for his frippery — macaroni (or maccaroni) being 18th century slang for a sort of outrageous continental metrosexual.*
He came particularly in for public ridicule when he was caught trying to bribe his way to a lucrative ecclesiastical position, financial hardship from his lifestyle having driven him to the desperate need for a pay hike. (In sorer straits later, he would sum up his life: “my greatest evil was expense. To supply it, I fell into the dreadful and ruinous mode of raising money by simonies. The annuities devoured me.”
Playwright Samuel Foote skewered the recently-humiliated Dodd on the stage in The Cozeners as “Dr. Simony,” described in the scrambled boast of “Mrs. Simony”:
not a more populous preacher within the sound of Bow-bells: I don’t mean for the mobility only … with a cambric handkerchief in one hand, and a diamond ring on the other: and then he waves this way and that way; and he curtsies, and he bows, and he bounces, that all the people are ready to — but then his wig, madam! I am sure you must admire his dear wig … short, rounded off at the ear, to show his plump cherry cheeks, white as a curd, feather-topped, and the curls as close as a cauliflower…
Then, my doctor is none of your schismatics, madam; believes in the whole thirty-nine! and so he would if there were nine times as many.
Three years after Foote’s cruel pen gave Dodd’s name immortality, the divine himself was (so he should think) ushered into eternity, after he got caught passing a forged bond against the revenues of his onetime student Lord Chesterfield.
Condemned to die for the offense,** a longer-than-usual lag from sentence to execution gave Dr. Simony leave to follow that classic Calvary of errant clerics with a mien of pious self-flagellation that helped his case raised a public outcry for clemency.
Samuel Johnson was among thousands of Britons who petitioned for mercy, and in Johnson’s case, went a bit further to ghost-write a piece in Dodd’s name, “The convict’s address to his unhappy brethren”. It was when the litterateur’s hand was suspected behind this prose† that Johnson made his quotable, tweetable remark,
“Depend upon it Sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.”
Dr. Johnson, nevertheless, was the true author, and the old scribbler used it to express some of his particular opinions on the proper staging of gallows-theater.
It is the duty of a penitent to repair, so far as he has the power, the injury which he has done. What we can do, is commonly nothing more than to leave the world an example of contrition. On the dreadful day, when the sentence of the law has its full force, some will be found to have affected a shameless bravery, or negligent intrepidity. Such is not the proper behaviour of a convicted criminal. To rejoice in tortures is the privilege of a martyr; to meet death with intrepidity is the right only of innocence, if in any human being innocence could be found. Of him, whose life is shortened by his crimes, the last duties are humility and self-abasement. We owe to God sincere repentance; we owe to man the appearance of repentance.—-We ought not to propagate an opinion, that he who lived in wickedness can die with courage.‡
William Dodd (together with another criminal, John Harris) had occasion to do just that this day in 1777. Dodd became the last person hanged for forgery at Tyburn. (And according to Wendy Moore, there was an posthumous attempt at resuscitation, which was known to worksometimes.)
* The lyrics of “Yankee Doodle Dandy” (”stuck a feather in his hat and called it macaroni”) may be the most recognizable modern-day relic of this lexicon.
** Dodd made a groveling plea to the jury in the face of overwhelming evidence against him, at one point bold enough to appeal to injury his death would inflict upon those who lent him money: “I have creditors, honest men, who will lose much by my death. I hope, for the sake of justice towards them, some mercy will be shown to me. ”
† Dodd could write a little himself; he had a theological tract and a commentary on Shakespeare already to his name, and at Newgate cranked out Thoughts in Prison, a collection of sub-Villon poetry.
Every man reposes upon the tribunals of his country the stability of possession, and the serenity of life. He therefore who unjustly exposes the courts of judicature to suspicion, either of partiality or error, not only does an injury to those who dispense the laws, but diminishes the public confidence in the laws themselves, and shakes the foundation of public tranquility.
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