Posts filed under 'Theft'

1699: Nikol List, Golden Plate robber

Add comment May 23rd, 2016 Headsman

On this date in 1699 the robber prince Nikol List was broken on the wheel in the town of Celle — along with seven other members of his gang.

A former soldier and beer-house keeper, Saxony’s bandit career owned the usual long roster of outrages upon person and property but really fixed his name in the heavens (and his soul in the other place) by robbing St. Michael’s Church of Lüneburg of its treasured Golden Plate and sacrilegiously melting it down.

In the end his career was not long — just a few years in the late 1690s, nothing to compare with the likes of his near-contemporary Lips Tullian — for the outrage at St. Michael’s attracted the fury of the Duke of Brunswick who dedicated himself to the prompt destruction of these outlaws.


List is no. 6 in this illustration conflating the executions of various gang members who suffered at different times and places. The full numbered key to this forest of corpses can be found, along various other illustrations, here.

While List was alive and “working” his former house in Beutha was razed and a pillory set on the place instead, to disgrace the naughty native son. Worn “Nikol List Stones” can still be seen there. Two commemorate citizens whom List shot dead evading arrest on St. John’s Eve in 1696:

Christoph Kneuffler, farmer and sheriff of Hartenstein, shot on St. John’s Eve 1696 by Nikol List. This honest man was 50 years and 27 weeks old, and leaves a troubled widow and four children, namely three sons and one daughter.

Gottfried Eckhardt, citizen and butcher of Hartenstein, shot on St. John’s Eve 1696 by Nikol List. This man was 34 years and 34 weeks old, and has a poor afflicted widow and three small uneducated children, two sons and a daughter.

On this day..

Entry Filed under: 17th Century,Broken on the Wheel,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Germany,Gruesome Methods,History,Mass Executions,Murder,Outlaws,Public Executions,Theft

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

Add comment May 11th, 2016 Headsman

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MONDAY, MAY 11

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

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

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

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

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

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

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

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1803: Michael Ely, personator

Add comment April 27th, 2016 Headsman

On this date in 1803, Michael Ely hanged at Newgate Prison for feigning a bit of glory in the ongoing Napoleonic Wars.

The crime was no stolen valor stuff, but “personation” — fraudulently presenting oneself as a different person, in this case with a plain pecuniary objective.

After the HMS Audacious returned from campaigning against Napoleon in the Mediterranean, where she had the honor to capture the 74-gun French man-of-war Genereux near Malta, Audacious crew members were entitled to shares of a royal prize bounty for their acquisition. (Genereux thereafter flew the Union Jack until the ship was broken up in 1816.)

Ely presented himself to the crown’s prize agent as the Audacious seaman Murty Ryan to collect Ryan’s jackpot of one pound, 12 shillings.

One problem: Francis Sawyer was actually acquainted with the crook personally and (so he testified later) “I told him I knew his name was not Murty Ryan.” Ely countered by alleging that he had changed his name to avoid punishment after deserting a previous impressment — a phenomenon that Sawyer agreed was “quite common” and a good enough excuse that Sawyer paid him out, albeit suspiciously. But once the real Murty Ryan showed up looking for his share, Audacious crew members were able to verify that whatever his name might be, that first guy had never been aboard their ship.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Public Executions,Soldiers,Theft,Wartime Executions

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1952: Lloyd Edison Sampsell, the Yacht Bandit

Add comment April 25th, 2016 Robert Elder

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

Thanks for a million things. Thanks for a million things. I’ve got a son, six foot three inches, one hundred and seventy pounds. He’s married, got two kids. He’s in the service overseas right now. … So I’ve left something good—one decent thing out of a dirty life …

— Lloyd Edison Sampsell (aka “the Yacht Bandit”), convicted of robbery and murder, gas chamber, California.
Executed April 25, 1952

Sampsell and an accomplice plundered Pacific Coast banks before stealing away in his yacht. He pilfered a total of $200,000 in his career but died with only $5.27 to his name. Sampsell, age fifty-two, was convicted of killing Arthur W. Smith in a San Diego finance company robbery.

Before the gas took its effect, he turned to the nearly one hundred witnesses gathered and winked.

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Entry Filed under: 20th Century,California,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Gassed,Guest Writers,History,Murder,Other Voices,Pelf,Theft,USA

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1785: Alexander Stewart, the first to hang at the Tolbooth

Add comment April 20th, 2016 Headsman

We’ve recently featured in these pages the very last hanging at Edinburgh’s old Grassmarket, scene of innumerable executions potent in Scottish history.

Beginning in 1785, public hangings were relocated to the Tolbooth, a medieval civic building that had been converted into a notorious prison — an era that was officially christened on this date in 1785 with the sacrifice of a juvenile delinquent.

the first person executed at the west end of the old city gaol, was Alexander Stewart, a youth of only fifteen, who had committed many depredations, and at last had been convicted of breaking into the house of Captain Hugh Dalrymple, of Fordell in the Potterrow, and Neidpath Castle, the seat of the Duke of Queensberry, from which he carried off many articles of value. It was expressly mentioned by the judge in his sentence that he was to be hanged in the Grassmarket, “or any other place the magistrates might appoint,” thus indicating that a change was in contemplation; and accordingly, the west end of the old Tolbooth was fitted up for his execution, which took place on the 20th of April, 1785.

Demolished in 1817, the Tolbooth survives today as a much-spat-upon heart design in the cobblestones marking the gaol’s former location.

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Entry Filed under: Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Execution,Hanged,Milestones,Public Executions,Scotland,Theft

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1851: James Jones and Levi Harwood, but not Hiram Smith

Add comment April 15th, 2016 Headsman

For the April 15, 1851 hanging of James Jones (James Burbage was his actual name) and Levi Harwood, we crib from PlanetSlade’s collection of murder ballads. While this ballad amply narrates the murder committed in a home invasion, click through to PlanetSlade to find out about the third man who wasn’t hanged — the one who actually pulled the fatal trigger, but who saved himself by testifying for the crown to send his mates to the gallows.

Of all the crimes on Earth the worst,
Foul murder is of all accursed,
Assassins are by all abhorred,
Despised by men, condemned by God.

We are condemned and death is nigh,
And in two dismal cells we lie,
James Jones and Harwood: it is true,
We’ve murder done, no pity knew.

A minister of God we’ve slain,
For sake of gold, man’s curse and bane,
Poor Mr Hollest kind and good,
We left him weltering in his blood.

To Frimley Grove, ’twas there we went,
On robbing we were fully bent,
The rector’s house we soon broke in,
And then to plunder did begin.

With faces masked, disguised to all,
And pistols loaded well with ball,
Like vile assassins on we crept,
To where the good old couple slept.

But Mrs Hollest struggled brave,
And nobly fought their lives to save,
Undaunted, boldly bore her part,
A woman with a warrior’s heart.

Her husband had one ruffian down,
And held him firmly on the ground,
The coward wretch for help did call,
‘Twas then the other fired his ball.

Thy wound was fatal, good old man,
Thy blood in streams around it ran,
We both escaped while thou didst bleed,
And now we suffer for the deed.

How could we thus such monsters prove,
To murder those whom all did love?
To want thou didst assistance lend,
And ever was the poor man’s friend.

Widows weep thy loss: they mourn,
The only friend they had is gone,
And orphans’ tears they quickly fall,
For thou a father’s been to all.

And Mrs Hollest? She was kind,
Distress in her a friend did find,
Her sole delight it seemed to be,
To dry the tears of misery.

So we confess the crimes we’ve done,
Is there no hope on Earth? There’s none,
Grim death will drag us to the tomb,
A scaffold is the murderers’ doom.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,Murder,Public Executions,Theft

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1895: Richard Burleson, Crab Shack controversy

Add comment April 12th, 2016 Headsman

A few months ago as of this writing, Joe’s Crab Shack in Roseville, Minnesota made unfortunate news for its indecorous decision to include a black-and-white photograph of an old Texas hanging in its zany family dining table collage: that of the April 12, 1895 execution of Richard Burleson in Groesbeck, Texas. (Not a lynching, as it was widely characterized: it was a legal public execution.)


The hanging of Richard Burleson as interpreted by oe’s Crab Shack.

The image was adorned by a dreadful word bubble in which the doomed man exclaims, “All I said was, ‘I don’t like the gumbo!'” perhaps suggesting that uninspired dishes are best not returned at this establishment.

Here’s now the New Orleans Daily Picayune of April 13, 1895 described the actual, gumbo-less event.

Burleson Executed
For the Murder of J.G. McKinnon.

Groesbeck, Tex., April 12. — (Special.) — Richard Burleson slept all night, arose this morning, ate a hearty breakfast and was quite cheerful. At 10:30 Sheriff Gresham read the death warrant to him and told him to prepare for death. His spiritual advisers, J.H. Linn, of Mexia, and J. Beckham and J.M. Jackson, of Groesbeck, were with him several hours, but he refused to accept Christ or acknowledge his guilt. At 11:50 a.m. he ate a light dinner and prepared to arrange his toilet. At 2 o’clock he bade his brother good-by, who was in an adjoining cell, charged with aggravated assault. He walked up the steps leading to the gallows as though the end was not so near. The trap did not work at first and necessitated some three minutes’ delay. He became impatient, and told the officers that he could hang three or four niggers in that length of time himself. He never shed a tear or seemed to dread death in the least. At 2:05 he shot through the trap. His neck was broken; he never quivered nor moved a muscle. At 2:20 he was pronounced dead. When his body was sent down such a crowd had gathered on the platform to see him that the platform fell with a crash, but, fortunately, no one was hurt. He sold his body to Dr. W. M. Brown for $5. He was 21 years old at the time of his death, and lived in Limestone county, at Tehuacana, where his mother and wife, whom he married three months before hw as arrested for this crime, reside. He spoke in high terms of the officers. The crowd was estimated at 4000, and everything passed off very quietly.

The crime for which Burleson was sentenced to be hanged was a most horrible one, and one which stirred the community as it had not been stirred in many years.

The evidence was circumstantial, but no evidence could be found more closely linked together than was that on which he was convicted.

May 2, 1894, the murderer followed the venerable Mr. J.G. McKinnon out of Mexia and asked permission to ride in his wagon, which was readily granted him; he assaulted the helpless old man shortly after he had gotten into the wagon and with some heavy object tied up in a jacket beat him over the head until life had been crushed out of his victim. He then robbed the dead body and leaving the scene of the crime fled to Tehuacana, where he was living.

A few hours later he was arrested at his home. In order to give him a legal trial the sheriff slipped across country and put him in jail at Corsicana, where he has been kept ever since, with the exception of the time when he was on trial at this place.

This was the first legal hanging in Limestone county in seventeen years.

After news of the Crab Shack’s tasteless appropriation of this picture got all over the Internet and triggered public protests, the restaurant found a less risible inanity upon which to plate crustaceans.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,Public Executions,Racial and Ethnic Minorities,Ripped from the Headlines,Texas,Theft,USA

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1809: Four by William Brunskill at Horsemonger Lane

Add comment April 4th, 2016 Headsman

Jackson’s Oxford Journal, April 1, 1809:

ASSIZES. — At Surry [sic] assizes, the following capital convicts received sentence of death: — J.A. Davison, J. Mason, J. Wood, and S. Hilton, for burglary; W. Leech, for highway robbery; J. Bartlet, [sic] for an unnatural offence; T. Hall, for extorting money under a threat of charging J. Clarke with an unnatural offence; H. Edwards, for shooting at W. Smith; J. Stenning, for forging a note; C. March, for cattle-stealing; S. Turner, for privately stealing; and Mary Ann Ellis, J. Hopkins, and J. Cobb, for stealing in dwelling-house. The Judges reprieved all except Bartlett, Edwards, Mason, and Wood.

Robert Skinner was indicted for attempting to ravish Mary Ann Hill, on the 16th of February last, at Wandsworth. The prosecutrix, who stated herself to be only 16 years of age, deposed that her father was a market-gardener at Wandsworth, and the prisoner worked in his service. On the 16th of February last they were at work together in a shed. He was binding coleworts, and she was trimming them.


A field of colewort. (cc) image by patchara yu.

After he had finished, he came to where she was sitting and threw her down. He was, however, interrupted by the coming of a cart, or she believed he would then have committed the offence charged. On cross-examination, she said her father had a cottage in his garden in Garret-lane, and she, her sister, and another girl slept there alone. On the 14th of January the prisoner was there in the evening; they gave him some beef-steaks for his supper, and he would not go home. She gave him the mattress to lie upon without side her chamber door. — In the night she heard a noise, and got up to see what it was; they were both naked. She did not tell her father of this. A few nights afterwards they had him to supper again, and got him some sausages; he would stay all that night, and she then let him lie in the same bed, but she did not let him lie next to her. The Learned Judge here interrupted, and observed it was ridiculous to talk of any attempt at a rape after this. The prisoner was of course acquitted.


Jackson’s Oxford Journal, April 8, 1809:

EXECUTION. — James Bartlett, for an unnatural crime; Henry Edwards, for highway robbery; and John Biggs and Samuel Wood, for burglary, were executed yesterday morning, [April 4, 1809] at the usual hour, on the top of the New Prison, Horsemonger-lane, in pursuance of their sentence. The crowd assembled on the melancholy occasion was excessive. The unfortunate men met their fate with great fortitude, and died acknowledging the justice of their punishment. Biggs sarcastically observed to the Executioneer, [sic] when he was pinioning him in the usual way — “I wish you had a better office.”* — He with the rest died extremely penitent. A hearse conveyed the body of Bartlett to Limehouse, where he is to be interred. — He is stated to have conveyed before his trial upwards of 1500l. to his daughters.

* The hangman so busted upon was William Brunskill, who already had near a quarter-century in his poor office by that time. It’s a bit hard to tell from the printed account, but since Brunskill had some notable ten-thumbed hangings to his credit — like that of Joseph Wall seven years before — the “better office” remark might have been a Monmouth-esque professional rebuke.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,England,Execution,Hanged,Homosexuals,Public Executions,Sex,Theft

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1721: Five for returning from transportation

Add comment April 3rd, 2016 Meaghan

On this date in 1721, six men hanged at Tyburn. One, John Cobige, was condemned for highway robbery. The other five were all sent to the gallows for returning from convict transportation.

Although forms of penal transportation dated back as much as a century before this time, 1721 was early years for the regime of systematically shipping convicted criminals to the New World.* The enabling legislation had been implemented only three years before.

Convict transportation allowed condemned prisoners’ death sentences to be remitted for labor service in the British colonies, typically 14 years. One could argue that this second chance at life was a mercy, even if the convicts themselves didn’t always see it that way.

But there was a distinct second category of transported convicts, besides the death-sentenced ones: petty crooks, whose crimes were not capital, who now could be directly sentenced to transportation for a term of 7 years. This was an essential innovation of the Transportation Act, one begged after by London magistrates who perceived a crime wave in the 1710s and wanted tougher measures to purge even minor criminals from the city.

In effect it was an interval of civic death, enforced by the threat of bodily death; its design bears some resemblance to the condition of prisoners in Thomas More‘s Utopia. Returning to England before the full term meant the noose — for both classes of transported convicts, including those whose initial crime was so petty that it didn’t merit execution even in Bloody Code England. This circumstance describes four of the Tyburn hangings on the third of April, 1721:

Of our date’s group, only John Filewood, who had posed as a porter to steal a valuable portmanteau, slashing its owner’s hand in the process, had received an initial death sentence commuted to transportation.

The prospect that a body could be shipped to the New World’s frontier for indentured labor over a handkerchief and executed for the “crime” of returning to hearth and home naturally chafed at the sense of justice. In 1721, the whole convict transportation arrangement was still so new that nobody had become inured to the horror of it. It’s plain from the sermon the Ordinary preached at them that the prisoners in question took their fates quite hard.

I took Occasion to mention to the Malefactors, the Returning from Transportation, which not one of them could be made to believe was sinful. I endeavour’d, to the best of my Capacity, to convince them that they were not faultless and unblameable in the following Manner: If the disobeying the higher Powers, even every Ordinance of Man, be sinful, as forbidden, (1 Pet. 2. 13, 14, and 17, &c.) Then their particular Offence, which is disobeying the Orninence of Man, must be forbidden in Scripture and be sinful.

Another way, that it may be shown is thus. Not only Robbing and Stealing, but whatsoever else is detrimental to the Society we are Members of, is a Sin: Now this particular Action is detrimental to the Nation, (both in the Practice, and also in the Example); and therefore is sinful.

I told them, if they could not be convinc’d that they had sinned, because they were possest of the Notion that the Legislative Power was in this particular too severe; they might read, 1 Pet. 2. 18. Be subject to your Masters, not only to the Gentle, but also to the Froward: But that this was not their Case.

Struggling to supercharge their repentance, the Ordinary arranged to have his resentful charges “carry’d constantly to the Chapel” — twice a day. But

they could not be convinc’d they had done any Harm in Returning from Transportation, [and] scarce any one of them could believe he should dye for it. Henry Woodford in particular undertook (as he had declared in Chapel he would) to demonstrate to me, That the returning to his Wife and young Children, in order to keep them from Starving in his Absence, was so far from being a Crime, that it was his Duty so to act; and that no Law could disingage him, or any thing but Death, from the great Duty of providing for his Family.

Out of all the doomed, Henry “seem’d most to resent his Dying” and complained that they ought better to have been overtly sold as slaves if this was their condition.

Still other terrors stalked these men. The highwayman Cobige, who at age 50 was the only one among them not in the spring of youth, “was in very great Passions of Grief some Days before his Death, because his second Wife, as he told me, was gone away from his Children.” His hanging would thus orphan a 14-year-old daughter and her three siblings all under 10 years of age. John Filewood, an admitted career criminal, regretted “having brought so much Disgrace to his good Mother and Sister, and not taking Warning at the untimely Death of his Brother, who was taken off much earlier in his Sins.”** And Martin Gray, a 22-year-old illiterate fisherman,

was greatly frighted, least his Body should be cut, and torn, and mangled after Death, and had sent his Wife to his Uncle to obtain some Money to prevent it. I cannot mention much of his good Behaviour; but before he died, he seem’d very much concerned; and told me, he had taken all Opportunities to hear his Fellow Prisoners read, and to pray with them; and that he hoped God would take Pity on him, a poor ignorant and foolish Fellow, and not throw him into Hell.

* Australia only became the convict destination of choice after the American Revolution closed those ex-colonies to the human traffic.

** James Filewood, who was hanged on Halloween 1718.

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1781: Diego Corrientes Mateos, Spanish social bandit

Add comment March 30th, 2016 Headsman

On this date in 1781, the Spanish social bandit Diego Corrientes Mateos was hanged and quartered in Seville.

A robber who plied the roads from Portugal to his native Seville, Corrientes (English Wikpedia entry | Spanish) was said to be of farmworker stock himself. His consequent good treatment of the rural common folk enabled him to operate with great freedom and situated him as a Robin Hood character; folklore has consequently inflated the valor of his exploits and the bile of Sheriff of Nottinghamesque pursuers like the lieutenant governor of Seville. For example, surprising his adversary on one occasion, Corrientes is supposed to have remarked, “I have learned that you boast you will be able to capture me.”

“Yes, and hang you,” shot back Francisco de Bruna.

“Then I must spare your life so you can fulfill your promise,” the sporting Corrietes allowed. (The reader will discern that Francisco de Bruna soon made good his threat.)

By the 19th century, he’d become a positive fixture of romantic and nationalist literature.

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Entry Filed under: 18th Century,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,Dismembered,Execution,Famous,Hanged,History,Outlaws,Popular Culture,Public Executions,Spain,Theft

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