There is one example of this violation in Virginia, of a most striking and shocking nature; an example so horrid, that if I conceived my country would passively permit a repetition of it, dear as it is to me, I should seek means of expatriating myself from it. A man, who was then a citizen, was deprived of his life thus: From a mere reliance on general reports, a gentleman in the house of delegates informed the house, that a certain man had committed several crimes, and was running at large perpetrating other crimes; he, therefore, moved for leave to attaint him; he obtained that leave instantly … Without being confronted with his accusers and witnesses, without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed. Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom? This, sir, has made the deepest impression in my heart, and I cannot contemplate it without horror.
On this date in 1778, attainted Revolutionary War-era outlaw Josiah Phillips was hanged in Virginia.
Contrary to Randolph’s recollection, the execution took place according to a regular jury verdict convicting Philips for stealing 28 hats and five pounds of twine — felony theft by the Bloody Code inherited from England.
Even so, it was the Act of Attainder voted unanimously by the Virginia legislature that stuck in the popular memory, so much so that even the likes of Randolph, a lawyer by trade and later the first Attorney General of the independent United States, misstated* it as the proximate cause of Phillips’s execution.
Another inheritance from the mother country, Acts of Attainder — wherein the legislature declares some party guilty of a crime and declares punishment without benefit of trial — were going right out of style in the twilight of the 18th century. The eventual U.S. Constitution would flatly abolish the practice; Britain herself has not enacted one since 1798.
So it comes as some surprise to see that Phillips was outlawed** at the instigation of no less a person than old Mr. Inalienable Rights himself, Thomas Jefferson. Jefferson’s Bill of Attainder gave Philips and his band a June 1778 deadline to turn themselves in voluntarily, or else they
shall stand and be convicted and attainted of high treason, and shall suffer the pains of death, and incur all forfeitures, penalties and disabilities prescribed by the law against those convicted and attainted of High-treason: and that execution of this sentence of attainder shall be done by order of the General court to be entered as soon as may be conveniently after notice that any of the said offenders are in custody of the keeper of the public gaol …
And that the good people of this commonwealth may not in the mean time be subject to the unrestrained hostilities of the said insurgents, be it further enacted that from and after the passing of this act it shall be lawful for any person with or without orders, to pursue and slay the said Josiah Philips and any others who have been of his associates or confederates at any time.
Now in fairness, Josiah Phillips was no ordinary hat-thief, regardless of what the charge-sheet read. He was a Tory marauder who led a gang of outlaws/guerrillas/terrorists who lurked in the Dismal Swamp and had just weeks before repelled a Commonwealth militia dispatched by Governor Patrick Henry.
For Henry, who sought the attainder, and for Jefferson the Phillips band looked like a clear security threat. “The delays which would attend the proceeding to outlaw the said offenders according to the usual forms and procedures of the courts of law would leave the said good people for a long time exposed to murder and devastation,” in the words of the attainder. And indeed, the rebellious colonies — ultra-patriotic Pennsylvania especially — had had regular recourse to Acts of Attainder against Tory loyalists over the span of the American Revolution. (Actual executions under attainders were extremely rare.)
However, the inconsistency of such an instrument long associated with monarchical tyranny with its author’s more usual Rights of Man fulminations had Jefferson still defending the Phillips attainder as late as 1815.
Whatever might have best suited Josiah Phillips, the last word on the matter in American jurisprudence has belonged to the overwhelming sentiment of his fellow-Founders … like James Madison, whose Federalist no. 44 flatly avers that Bills of Attainder “are contrary to the first principles of the social compact, and to every principle of sound legislation.”
* Randolph himself, as Virginia’s attorney general, made the call not to use the attainder against Phillips because of Randolph’s own discomfort with it. But his “misremembering” was convenient to a later interest in excoriating Patrick Henry.
** Arguably contravening Virginia’s existing 1776 Declaration of Rights. “In all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgment of his peers.”
On this date in 1922, James Mahoney hanged in Washington’s Walla Walla penitentiary for one of Seattle’s most notorious crimes.
Two years prior, a 36-year-old Mahoney had been released from that same prison after serving time for assault and robbery, then moved into a Seattle boarding house with his mother and sister.
He soon struck up a romantic involvement with the house’s owner, Kate Mooers. She was 68 years young, but James Mahoney was broad-minded enough to admire her wealth.
On April 16, 1921, the night the two lovebirds were supposed to hop a train for their honeymoon in Minnesota, James Mahoney hired a company to move a steamer trunk to Lake Union, and load it into a rowboat. Kate Mooers was never seen again, but Mahoney resurfaced in Seattle ten days later claiming that she’d decided to extend her honeymoon with a long jaunt to Havana, Cuba. In the meantime, well, hubby would be looking after her affairs.
Alerted by the suspicious events by Mooers’s nieces, police kept Mahoney under surveillance for three weeks as he gobbled up his wife’s assets. He was finally arrested before he could skip town, but only on charges of forging documents during his embezzlement binge. For harder charges to stick, Kate Mooers had to be located.
Captain [Charles] Tennant had a theory and ordered divers to begin searching the bottom of the northeast end of Lake Union near the University Bridge for a steamer trunk. Finally, having survived 11 week of criticism, the police found the trunk containing Kate Mahoney’s body. It bobbed to the surface on August 8, 1921, almost exactly where Captain Tennant said it would be. The autopsy revealed that Kate had been poisoned with 30 grains of morphine, stuffed in the trunk, then had her skull smashed with a heavy blunt instrument. Two days later, Jim Mahoney was charged with premeditated murder.
Resigned to his fate as his appeals dwindled away, Mahoney was reported to be in excellent spirits in his last days. He also made a written confession on the eve of his execution, forestalling his sister’s desperate attempt to claim the murder as her own in order to stay the hangman’s hand. (The sister still caught a jail term for forging Kate’s signatures.)
Now you must be brave and forget me. My whole life has been a torture to those who love me, and even as a little boy I used to dream of dying this way, and my dream has at last come true.
… If my soul can do you any good in the next world I will always be watching over you. Good-bye and God bless you all.
Hanging day — and burning day, and drawing-and-quartering day — at Tyburn this date in 1690 saw a dozen souls condemned to shuffle off this mortal coil.
Nine of these were reprieved, mostly various shoplifters and thieves. (One, Constance Wainwright, was just 16 years old: she stole a silver teapot and a petticoat.)
Mercy Harvey — named only M– H– in her Old Bailey indictment — was a domestic servant and “a very Ignorant Silly Girle” who bore a son out of wedlock. A young woman in such a predicament in 1690 London could be liable to lose her position, and in a city swelling up daily with new arrivals there could be very far to fall indeed.
The Ordinary of Newgate devotes the most space in his account to her, suggesting that she was the most amenable of the condemned to his ministry. Mercy Harvey described to him a timeless predicament.
I discoursed with her, and ask’d, Whether she had any Promise of Marriage with him who begat it? She answered no. Or whether he did promise any Maintenance for herself? She replyed no: but by often soliciting her she yielded to his Desires. She said that when she proved with Child, she dispaired how to provide for it, and so Satan tempted her to expose the Child to Death.
The young woman confessed her crime on hanging-day, but in a state of near collapse, and she was “very sick, and unfit for Discourse.”
What added torture Harvey must have experienced with the rough hemp rope around her neck as the Ordinary with “unwearied industry” dilated to volley “all manner of Godly Exhortations” at her two male counterparts.
Thomas Castle and Thomas Rowland both refused to play their part, clinging by their obdurance to a last remnant of dignity or to fleeting extra moments of life.
Castle had suffered the added indignity of being dragged to the fatal tree on a sledge. Condemned a traitor under England’s bloody code for coining 50 counterfeit shillings (coin-clipping materials were found stashed up his chimney in an iron box), Castle was fortunate enough to have the disemboweling-and-quartering part of his sentence remitted.
The last character of the bunch was one of those stock characters of a passing age, the highwayman. Thomas Rowland had skipped out two decades prior on an apprenticeship in the exciting field of bricklaying and taken to the roads, where according to a colorful Newgate Calendar record he “always robbed in women’s apparel, which disguise was the means of his reigning so long in his villainy.” (But he made his getaways, we are assured, riding astride his mounts — not sidesaddle.)
We don’t know if Rowland caught any flak in Newgate for this abrogation of masculinity, but Rowland “was so abominably wicked that the very morning on which he died, lying in the Press Yard, for he wanted for no money whilst under confinement, a common woman coming to visit him, he had the unparalleled audaciousness to act carnally with her, and gloried in the sin as he was going to execution.”
The band was surprised by constable Joseph Luker, himself a former convict. One or more of the thieves battered him to death on the spot with whatever was at hand: recovered with Luker’s broken body at morning’s light were a bloodied wheelbarrow wheel, and the hilt of Luker’s own cutlass, buried in his brains. Luker was the first policeman killed on duty in Australia, and his name can be found on the country’s National Police Memorial.
But the order of the day in 1803 was a different sort of memorial. “Avenging Heaven directs the Hand of Justice, and the Manes of the Deceased inspires us with Indignation and Resentment,” the Sydney Gazettefulminated. The need to cut a deal for crown’s evidence with one of Samuel’s compatriots eventually meant that Samuel was the only one to bear the vengeance of Luker’s Manes. (A third man, Isaac Simmonds, was acquitted at trial, but he was so heavily suspected that he was made to attend the execution.)
James Hardwicke were brought, in pursuance of the sentence passed upon them on the preceding Friday.
Both prisoners conducted themselves with becoming decency; and when the Reverend Mr. MARSDEN had performed the duties of his function, and quitted Hardwicke, he turned to Samuels (who being a Jew, was prepared by a person of his own profession) and questioning him on the subject of the murder of Luker, he solemnly declared, that during the interval of his confinement in the cell with Isacc [sic] Simmonds, nicknamed Hikey Bull, they in the Hebrew tongue exchanged an oath, by which they bound themselves to secrecy and silence in whatever they might then disclose.
Conjured by that GOD before whom he was shortly to appear, not to advance any thing in his latter moments that would endanger his salvation, he now repeated with an air of firmness what he had before declared ; and appearing deeply imprest with a becoming sense of his approaching end, appealed to Heaven to bear him testimony that Simmonds had, under the influence of the oath by which they were reciprocally bound, acknowledged to him that Luker had accidentally surprised him … and that he, in consequence thereof, had “knocked him down, and given him a topper for luck!” … [and] that he would hang 500 Christians to save himself.
Simmonds, as we’ve noted, was right there in forced attendance at the public hanging, and as Samuel’s accusations started the audience murmuring, Simmonds tried to interject his denials. The very fact that the words were spoken by a man on the brink of death and presumably in fear for his soul made Samuel a credible accuser in the eyes of the populace, “in whose breasts a sentiment of abhorrence was universally awakened … and the feelings of the multitude burst forth into invective.” Yikes.
While the gendarmes moved to protect Simmonds from the possible wrath of his neighbors, and Hardwicke received a last-minute pardon,* Samuel commenced the inadvertently superlative finishing act of his persuasive performance.
at length the signal was given, and the cart drove from under him; but by the concussion the suspending cord was separated about the centre, and the culprit fell to the ground, on which he remained motionless with his face downwards. The cart returned, and the criminal was supported on each side until another rope was applied in lieu of the former: he was again launched off, but the line unrove, and, continued to flip until the legs of the sufferer trailed along the ground, the body being only half suspended.
All that beheld were also moved at his protracted sufferings; nor did some hesitate to declare that the invisible hand of Providence was at work in the behalf of him who had revealed the circumstances above related. To every appearance lifeless, the body was now raised, and supported on men’s shoulders, while the executioner prepared anew the work of death. The body was gently lowered, but when left alone, again fell prostrate to the earth, this rope having also snapped short, close to the neck.
Compassion could no longer bear restraint; winged with humanity, the Provost Marshal sped to His EXCELLENCY‘S presence, in which the success of his mission overcame him; A Reprieve was announced — and if Mercy be a fault, it is the dearest attribute of GOD, and surely in Heaven it may find extenuation!
Samuells when the Provost Marshal arrived with the tidings which diffused gladness throughout every heart, was incapable of participating in the general satisfaction. By what he had endured his reasonable faculties were totally impaired; and when his nerves recovered somewhat from their feebleness, he uttered many incoherences, and was alone ignorant of what had past. Surgical assistance has since restored him; And MAY THE GRATEFUL REMEMBRANCE OF THESE EVENTS DIRECT HIS FUTURE COURSES!
In 1806, Samuel made an escape attempt with some other convicts by boat. It was swept away in a tempest, with all presumed lost at sea.
* A number of sources claim that Hardwicke did hang successfully while Samuel’s rope repeatedly broke. We think the eyewitness newspaper report days after the execution to the effect that Hardwicke was reprieved is by far the more credible report.
At daybreak this date in 1909, three French rural bandits dubbed “Les Chauffeurs de la Drôme” were publicly guillotined in Valence to the hurrahs of a great crowd.
Most of the (plentiful) information online about these charmers is in French; in their day about 1905 to 1908 they enjoyed quite a lot of notoriety in southern France for their bloody crime spree, comprising at least 11 murders amid numerous home invasion burglaries. They were a throwback gang whose niche the 20th century would eradicate as surely as they themselves. In the time before ubiquitous mass communication and high-speed transport, a sufficiently bold band of robbers could have their way with a rural residence miles from any possible aid: this was one of the great terrors of Europe, and early crime broadsheets from centuries previous dwell often on the terrors of an isolated farmer or miller made prey in his own home by a band of cutthroats.*
The root of the word chauffeur is the French verb “to heat” — think stoking an engine, for the word’s familiar meaning of professional driver — and the specialty of the Chauffeurs de la Drome was torturing their hostages by scorching their feet with hot irons until the sufferers yielded up the hidey-holes of whatever treasure they had on premises. Their trial was a fin-de-siecle circus, and their executions likewise to a discomfiting degree. Though nothing specifically scandalous occurred as the chauffeurs were snuffed out on a public street, there are a number of pictures of this event, some of them made into postcards and circulated.
This was a trend not very much appreciated by the French government, but of course such images make arresting historical artifacts.
We’re here featuring select images of Octave David. When David walked the few steps through a sea of early-rising spectators to the portable guillotine erected on the streetcar tracks directly in front of the prison gates, his companion Pierre Berruyer had already been beheaded. (The chauffeurs were nos. 126 through 128 in the prolific Anatole Deibler’s career.)
He would have glimpsed Berruyer’s headless trunk already rolled into the large box that would soon receive his body as well. (The box had accommodations for four.) And while the execution team washed down the blade between uses, the grotesque bloody puddles and remains of fresh gore were a constant source of complaint. All three executions were completed in a six-minute span; it’s safe to assume that the smell and the feel of Pierre Berruyer’s violent death surrounded David as he walked to the used chopper. As the events here transpired, the third robber Urbain Liottard still awaited his own turn just inside the prison walls — in a few moments, Liottard would see two steaming neckless corpses stacked up in the rude bin gaping to receive him.
Looking alarmingly Christlike, the half-naked form of the condemned murderer emerges from the prison’s maw amid a throng of indistinct, black-clad voyeurs.
David reaches the guillotine; the assistant executioners are about to tip him onto the board that will carry him into place. The identification on these photos is from Bois de Justice, an invaluable site on the history of the guillotine; I’m unsure from my own observation whether to equate the figure in these pictures with the one in the first, above.
One of the beheadings (I’m not certain that it’s David’s) has been completed; the body and head are being transferred to their receptacles. Again, Bois de Justice has details on this scene.
Following one of the beheadings, the visibly stained blade is raised for cleaning before the third criminal is brought out.
Jonathan Simpson, hanged on this date in 1686, had a good many virtues to judge by the account of his life left by the Newgate Calendar.
He was, first, an enterprising man, who served his apprenticeship “with reputation” and then set up shop as a successful linen-draper in the city of Bristol.
This business enabled him to augment the fortune of his own business by marrying a merchant’s daughter — “but the union proved unhappy, because the young lady was before engaged in affection to a gentleman of less fortune in the neighbourhood, whom her father hindered her from having, and with whom she continued a familiarity that soon displeased her husband.”
Such a scenario has been the germ of many a denizen of this here blog, but Simpson didn’t reach the gallows doing anything as straightforward as murdering his rival or his spouse out of pique.
Instead — and the Calendar leaves the hows and whys of this translation unexplored — he channeled his jealousy into a crime spree. Maybe that’s just the writer’s projection: fella went around the bend, it must’ve been because of a woman. The Newgate Calendar, too, had a home life, and many was the Briton who dreamt of escaping the drudgery of it all for a life of adventure and romance making gentlemen stand and deliver.
At any rate, Simpson managed a career of 18 months on the road, burning through his linen-draper savings (and his highwayman “earnings”) to escape a couple of potential capital prosecutions. (At this time, criminal complaints were initiated by private prosecutions, meaning that a victim prepared to accept direct restitution could potentially be bought off pressing a case.)
This brings us to another of Simpson’s admirable qualities: his silver tongue.
One can only speculate how he wheedled his onetime victims behind closed doors to drop their suits. But the Newgate Calendar attests to the man’s wit under pressure once he was finally hauled to the fatal tree.
It turns out that Simpson did well in business because his family had done well in business before him, and dad staked him to £1,500 when the lad went into business himself. These prosperous burghers accordingly rallied to exert their own wealth and influence behind the scenes to obtain for their kin a timely commutation, delivered only “when he was at Tyburn, with the halter about his neck, and just ready to be turned off in company with several others.” Then bureaucracy happened.
When he was brought to the prison door, the turnkey refused to receive him, telling the officer that, as he was sent to be executed, they were discharged of him, and would not have anything to do with him again, unless there was a fresh warrant for his commitment; whereupon Simpson made this reflection: “What an unhappy cast-off dog am I, that both Tyburn and Newgate should in one day refuse to entertain me! Well, I’ll mend my manners for the future, and try whether I can’t merit a reception at them both the next time I am brought hither.”
That’s kind of funny, right? In a self-destructive braggadocio sort of way?
And then Simpson demonstrated a third quality that (in addition to dad’s money) helped him succeed in commerce before his midlife crisis: his phenomenal industry. Simpson, we are told, committed “above 40 robberies” in Middlesex in the six weeks after his reprieve, a healthy pace of one per day.
He robbed the powerful (our writer credits him with a successful stickup of the king’s own son); he robbed the hoi polloi (“the robberies he committed on drovers, pedlars, market-people, etc., were almost innumerable”); he robbed on ice skates;* when he was finally captured, it was by two captains of the Foot Guards whom he was also attempting to rob.
The man lived to rob. On this date in 1686, he finally died for it.
* The online text versions of the Calendar notice Simpson’s skatebourne pilfering during “the great frost of 1689, which held thirteen weeks,” obviously not chronologically correct relative to his execution date. This is an error, likely on the part of software somewhere along the line; the year in question should be 1684 (computers like to mix up fours and nines). 1684 was one of the longest and deepest winter freezes on record, leaving the iced-over Thames bustling with Londoners at the “Frost Fair”.
“[W]hat unheard of rendezvous is daily kept upon the face of [London's] navigable river; what long and spacious streets of booths and tents are builded; what throngs of passengers, both horse and foot, do travel; what pyramids of provisions, baked, boiled, and roast; what deluges of wine, coffee, beer, ale, and brandy, for sale; what fleets of vessels sailing upon sledges; what troops of coaches, caravans, and waggons; what games and new invented sports and pastimes, bull-baiting, bear-baiting, &c.; together with shops for the vending of most sorts of manufactures and for working artificers, the account of which alone would require a volume to describe …” (Source)
On this date in 1833, French immigrant Antoine le Blanc was hanged on the Morristown (N.J.) village green.
A cigar-chomping French immigrant, LeBlanc came to the New World to seek his fortune and found himself doing grueling farm work for Samuel and Sarah Sayre in exchange for a dank basement room but no pay.
After just a couple of weeks in this unsatisfactory situation, LeBlanc clobbered Samuel Sayre with a spade … and then did the same to Sarah Sayre … and then killed their infant child. Stuffing all the portable valuables he could find into pillowcase sacks, he hopped on a horse and fled for New York, hoping to pawn his booty for passage back to Europe.
Like an inept Scooby-Doo villain, LeBlanc in his haste managed to dribble a trail of the Sayres’ goods on the road, and these helped his pursuers corner him in the Meadowlands — an incriminating parcel of his ill-gotten gains right there beside him.
The trial was a mere formality. The execution on an upward-jerking gallows drew an excited crowd several times the 2,500 souls residing in Morristown itself.
And then, it really gets creepy.
LeBlanc was condemned to post-execution medical anatomization, and the good doctors of Morristown took that as license for every posthumous indignity in the 19th century book. First, the late LeBlanc got a course of electrical shocks — a popular corpse experiment of the day whose object was discovering a means of reanimation but whose consequence was merely a ghoulish danse macabre of senseless, jerking limbs as each jolt charged the putrefying flesh.
When they’d had their fill of zombie Antoine LeBlanc, they skinned the murderer and sent his hide off to be made into wallets and book covers which then got hawked to Morristown’s finest citizens. That sounds like an urban legend, but scroll down this page for the pictures: some of these objects have made it to museums, but it’s thought that others persist in private collections, handed down over the generations or just stashed away forgotten until they can emerge for a starring role on Antiques Roadshow.
Apparently the old Sayre house (significantly rebuilt after a 1957 fire) still stands in Morristown … and it’s haunted by LeBlanc and his last victim, the baby Phoebe.
It’s certainly understandable that dilatory appeals leaving it nigh-impossible to actually carry out a meritorious death sentence provoke aggravation.
But as always, one is left in the real sphere of human endeavor to choose among alternatives that each sport their own drawbacks — and where “drawbacks” are no mere debating points but actual lives on the line. After all, even a years-long appellate process that actually results in an execution can go and execute the wrong guy, to say nothing of systems that promise more immediate enforcement.
In a similar vein is the maxim that however adroit the hangman, etiquette forbids him entering the scene before the legally constituted appellate process — of whatever length it may be — has actually run its course. At least that much patience is not merely a virtue but absolutely de rigueur.
On this date thirty-two years ago, Nigeria committed a serious breach of that decorum.
Nasiru Bello, on death row for armed robbery — a crime the recently installed civilian government appeared to be easing off treating as a hanging offense* — was abruptly put to death by Oyo State before a filed and pending appeal could actually be heard by the court.
That’s what you’d call an irreversible error.
Five years later, Bello’s kin won a unanimous Supreme Court judgment against Oyo State for the wrongful execution, which stirringly declared that
“the premature execution of the deceased by the Oyo State Government, while the deceased’s appeal against his conviction was still pending, was not only unconstitutional, but also illegal and unlawful.** By it, the deceased has lost both his right to life and his right to prosecute his appeal.”
And then that same court reduced the plaintiffs’ claimed damages of 100,000 naira to 7,400: about US $1,900 by the local currency’s black market exchange rate. Bello, of course, stayed dead.
** Unconstitutional, unlawful and illegal here being used in particular, juridically distinct senses. Despite the finding, nobody involved faced criminal sanctions for reasons boiling down to sovereign immunity.
From the out-of-print The palace of death, or, the Ohio Penitentiary Annex: A human-interest story of incarceration and execution of Ohio’s murderers, with a detailed review of the incidents connected with each case by H.M. Fogle (1908):
September 2, 1887
Hanged Sept. 2, 1887, for the murder of a Meigs County, Ohio, citizen. It is believed that he was innocent but lacked friends and finances to clear himself.
Died Brave, Proclaiming His Innocence
Josiah Terrill, serial number 18,872, a Meigs County murderer, was hanged September 2, 1887. He met his fate bravely and, as is said of college graduates, “acquitted himself with great honor.” Like nine-tenths of the men who die upon the gallows, Terrill denied all knowledge of the crime with which he was charged, and with a last breath declared that he suffered death as an innocent man.
A few hours before the time appointed for his execution, the condemned man awoke from a refreshing sleep and asked for something to eat. The request, of course, was granted. Someone unguardedly expressed surprise at the desire to eat, and Terrill said, “You ain’t going to choke me off that way are you, without anything to eat?”
While Terrill was eating, a Missouri Colonel conversed with him, urging him to unburden his mind if he had any guilty knowledge. The murderer reiterated his oft repeated declaration of innocence, and requested the Warden to give him a drink of whiskey. But the man’s nerve was so great that the Warden declined to give him a stimulant to raise his courage for the trying ordeal.
After the final administration of spiritual comfort, the Warden read the death warrant, and the condemned man was lead [sic] to the scaffold.
Terrill was perfectly cool and collected, and his features shone in their natural color. As he stepped to the trap, Warden Coffin asked him if he had anything to say, to which he replied, “I say I ain’t guilty of this here charge.” “You say you are guilty?” queried the Warden who, with others, misunderstood him. “I say I ain’t guilty of this here charge,” reiterated Terrill. “God in heaven knows I ain’t guilty. There are some people and lawyers in Pomeroy who think they have got satisfaction on me now. That’s all I’ve got to say.”
Warden Coffin then stepped over and shook hands with the condemned man, bidding him good-bye. The minister gravely followed his example, saying in a solemn tone: “Josiah, put your confidence and trust in the Lord.” “I have,” replied Terrill.
He was placed over the trap and, standing as if being measured for a suit of clothes, permitted Deputy Cherrington to adjust the ropes. There was some difficulty in fastening a strap, and he considerately moved his feet to facilitate operations. The black-cap–a rude bag–was placed over his head and the noose adjusted. At 12:34 A.M., before the audience realized that it had happened, Warden Coffin shot the lever from north to south. Rattle went the trap against the sides of the scaffold, and with a boom the body of the condemned man shot down seven feet, oscillated once or twice and then became quiet. There was not a twitch of the muscles or a movement of the body.
Instantly there was a plank placed across two chairs on the platform directly under the body of the hanging man, and two doctors sprang upon the plank to take note of the pulse and respiration. The heart beats were very rapid at first, but after six minutes began to lessen. In twelve minutes he was dead. The rope was lowered so the body could be placed on the plank, the knot was cut and the noose loosened, and then the black-cap removed, exposing the swollen and blackened face. His neck had been broken by the fall, but the rope had not cut the flesh. The body was placed in a coffin and shipped to Pomeroy, where it was buried by the dead man’s mother.
Strange to say, he expressed no desire to meet the aged woman before his death; on the contrary, he remarked at supper that the only person he cared to see was his child (illegitimate).
There has always existed grave doubts in the minds of some of Meigs County’s best citizens as to Terrill’s guilt. The evidence against him was purely circumstantial, but the jury evidently thought it strong enough to warrant a verdict of guilty.
He was accused of murdering an old man for whom he had previously worked. The opinion of the writer is that Josiah Terrill died an innocent man. This opinion is based upon evidence, and what could be learned from some of Meigs County’s best citizens. Certain it is that he was a poor illiterate man, without money and without influential friends.
Charles Phillips, the murdered man, was aged and decrepit. By frugality and hard toil he had accumulated quite a sum of money. Robbery was the motive of the crime, and a bludgeon and knife were the instruments of destruction.
Innocent or guilty, Terrill is in the hands of a just God, where he will remain until that great “Day of Judgment,” when all wrongs will be righted, and the innocent shown and the guilty punished according to the unerring judgement of an ETERNAL GOD.
On July 18 in Northampton Township, the three men, with their faces painted, burst into the house of Joseph Burr. By “threats of violence” they convinced Burr’s wife to give up her keys to the locked cabinets and made off with the following:
1 silver sauceboat
8 silver tablespoons
9 silver teaspoons
A sum of money
A considerable quantity of shirts, aprons, caps and handkerchiefs
A great parcel of “wearing apparel made in the manner of people called Quakers”
They also took three valuable horses from Burr’s stable and rode off on them.
Burr and his wife told the authorities they knew the robbers were Irish because “they all had the brogue upon their tongues,” and it turned out three Irish laborers had gone missing from a farm near Mount Holly.
The thieves’ trail was discovered and a posse caught them red-handed, as it were, riding the stolen horses and carrying the stolen goods.
Justice acted quickly and Fagan, Grimes and Johnson were executed a mere six weeks after their crime. The Burlington County Treasury compensated the jailer his expenses in feeding the three men for 39 days.