1768: James Gibson and Benjamin Payne, impressing James Boswell

Add comment March 23rd, 2017 James Boswell

(Thanks to James Boswell for the guest post. The Dr. Johnson biographer was a ravenous gallows-haunt whom we have encountered repeatedly in these pages; even in his guise as a barrister, Boswell personally lost a client to the hangman. No fool when it came to content repurposing, Boswell in 1768 wrote the Publick Advertiser about the March 23, 1768 double hanging of John Gibson and Benjamin Payne; then, in 1783, he recycled the entirety of this bygone letter to extend his musings on the spectacle of public executions, for the occasion of Tyburn’s abolition. We reprint here the 1783 article, a comment within a comment, within the very comment that is this dreary site. -ed.)

LONDON MAGAZINE,<br />
FOR MAY, 1783.<br />
THE HYPOCHONDRIACK. No. LXVIII.<br />
Mitiores Poena nobis semper placuere. Justinian.,<br />
'We have always preferred mild punishments.'

THE question, Whether society has a right to punish individuals, especially to the extent of death, which is well denominated in Latin “ultimum supplicium — the last or utmost punishment,” has been treated with great attention and ingenuity by a number of casuists in law and in morals. And of late it has been discussed with elegant ability by the Marquis di Marco, an Italian nobleman of Mantua, whose performance well becomes that celebrated city, while it shews that in modern times the descendants of those whom we are taught from our early years to admire, are yet worthy of admiration. So that we may quote from Addison‘s beautiful letter from Italy,

And still I seem to tread on classick ground.

It is indeed a question which resolves into the powerful and irresistible plea of necessity; since we are sure society could not exist without such a right. But the exercise of it, no doubt, admits of much modification, in which the wisdom and humanity of legislators has a wide field. Another Italian nobleman has done himself great honour by his admirable work “Delle de litte e delle pene,” which Voltaire has illuminated with some additional rays; and I can with pleasure mention, to the credit of our own nation, Mr. Eden‘s Principles of Penal Law.

These cursory remarks are only meant to serve the purpose of introducing into the collection of my Hypochondriack Essays, another of my former writings, which is, I think, well suited to my present title.

April 25, 1768.

To the Printer of the Publick Advertiser

Sir,

THAT the people of England possess that quality called good-nature, will not be denied by any man whose mind is not fretted by some real ills, or clouded by some fanciful ones. But it must also be acknowledged that the people of England are, of all nations in the world, the most desirous of feeing spectacles of cruelty. Bull-baiting, cock-fighting, and even throwing at cocks, were for many and many a year the delight of the English; and it is not long since assemblies of good-natured people were deliberately held to see their fellow-creatures beat, bruise, and sometimes actually kill each other.

Though the desire of seeing spectacles of cruelty has peculiarly prevailed in England, it has more or less been the passion of mankind in all ages and countries. Hence the various satires against it by poets; hence the various attempts to account for it by philosophers. Lucretius, who was both a poet and a philosopher, refers it to self-love, as we may see from that celebrated passage,

Suave mari magno turbantibus aequora ventis.

He thinks that men love to behold scenes of distress, that they may hug themselves in security, and relish more their own safety and ease, by comparing themselves with those who are suffering. Though I, as well as every rational and virtuous man, must think that Lucretius is in general a very false and a very hurtful writer; yet I must candidly own that he is often ingenious and just in his observations. In the present case he certainly has a great deal of merit; though I would be for compounding his system with that of the Abbe du Bos, who accounts for our desire of seeing spectacles of cruelty from the universal wish that we all have to be moved; that is, to have our souls agitated; for to be sure there is nothing so irksome to a man of lively sensations, as to have his faculties thrown into a kind of torpor, so that in Shakespeare’s words,

They cream and mantle like a standing pool

This will more fully account for what I am endeavouring to explains and will make human nature appear not so grossly selfish as Lucretius paints it.

Of all publick spectacles, that of a capital execution draws the greatest number of spectators. And I must confess that I myself am never absent from any of them. Nor can I accuse myself of being more hard-hearted than other people. On the contrary, I am persuaded that nobody feels more sincerely for the distresses of his fellow-creatures than I do, yor would do more to relieve them. When I first attended executions, I was shocked to the greatest degree. I was in a manner convulsed with pity and terror, and for several days, but especially nights after, I was in a very dismal situation. Still, however, I persisted in attending them, and by degrees my sensibility abated; so that I can now see one with great composure, and my mind is not afterwards haunted with frightful thoughts: though for a while a certain degree of gloom remains upon it. I can account for this curiosity in a philosophical manner, when I consider that death is the most aweful object before every man, who ever directs his thoughts seriously towards futurity; and that it is very natural that we should be anxious to see people in that situation which affects us so much. It is true indeed that none of us, who go to see an execution have any idea that we are to be executed, and few of us need be under any apprehension whatever of meeting with that fate. But dying publickly at Tyburn, and dying privately in one’s bed, are only different modes of the fame thing. They are both death; they are both that wonderous, that alarming scene of quitting all that we have ever seen, heard, or known, and at once passing into a state of being totally unknown, to us, and in which we cannot tell what may be our situation. Therefore it is that I feel an irresistible impulse to be present at every execution, as I there behold, the various effects of the near approach of death, according to the various tempers of the unhappy sufferers, and by studying them I learn to quiet and fortify my own mind.

I shall never forget the last execution I saw at Tyburn, when Mr. Gibson, the attorney, for forgery, and Benjamin Payne, for an highway robbery, were executed. Poor Payne was a thin young lad of twenty, in a mean dress, and a red night-cap, with nothing to discriminate him from the many miserable beings who are penitent and half dead with fear. But Mr. Gibson was indeed an extraordinary man. He came from Newgate in a coach, with some friends attending him. I met the mournful procession in Oxford-road; and I declare that if I had not been told it, I should not have known which was Mr. Gibson. He was drawn backwards, and looked as calm and easy as ever I saw a man in my life. He was dressed in a full suit of black, wore his own hair round and in a natural curl, and a hat. When he came to the place of execution he was allowed to remain a little in the coach. A signal was then given him that it was time to approach the fatal tree. He took leave of his friends, stepped out of the coach, and walked firmly to the cart. He was helped up upon it, as he was pinioned and had not the free use of his arms. When he was upon the cart, he gave his hat to the executioner, who immediately took off Mr. Gibson’s cravat, unloosed his shirt neck, and fixed the rope. Mr. Gibson never once altered his countenance. He refreshed his mouth by sucking a sweet orange. He shewed no stupid insensibility; nor did he affect to brave it out like those hardened wretches who boast that they die hard. He appeared to all the spectators a man of sense and reflexion, of a mind naturally sedate and placid. He submitted with a manly and decent resolution to what he knew to be the just punishment of the law. Mr. Moore, the Ordinary of Newgate, discharged his duty with much earnestness, and a fervour for which I and all around me esteemed and loved him. Mr. Moore seems worthy of his office, which, when justly considered, is a very important one, if administering divine comfort to multitudes of miserable beings, be important. Poor Payne seemed to rely on that mercy which I trust has not been refused him — Mr. Gibson seemed truely devout; and, in short, from first to last, his behaviour was the most perfect that I ever saw, or indeed could conceive of one in his unhappy circumstances. — I wish, Sir, I may not have detained you too long with a letter on subjects of a serious but I will not fay of a gloomy cast, because from my manner of viewing them I do say that they become matters of curious speculation, and are relieved of their dreary ideas. I am, Sir,

Your constant reader,
MORTALIS.

After an interval of fifteen years, I have little to add to this occasional essay. But I cannot but mention in justification of myself, from a charge of cruelty in having gone so much formerly to see executions, that the curiosity which impels people to be present at such affecting scenes, is certainly a proof of sensibility not of callousness. For it is observed, that the greatest proportion of the spectators is composed of women; and I do not apprehend that my readers will impute a barbarous severity to the fair sex, though it is common for lovers to represent them as metaphorically cruel. But in the one case they are cruel to others to be kind to themselves, by avoiding what is disagreeable to them. Whereas in the other case the pleasure must be from the sufferings of others independent of any such reference. That there, however, is such a pleasure I am afraid is true; and in support of my opinion, I bring no less authority than Edmund Burke, who maintains it in his Treatise on the Sublime and Beautiful. Yet let it not be supposed that this pleasure arising from agitation, prevents the finest feelings and effects of compassion; I am sure it does not.

As the great Justinian nobly expressed himself, I should wish that as mild punishments as are consistent with terrour were always inflicted. It is indeed astonishing how men have been found willing and able to execute some of the horrible sentences which have been put in execution upon some criminals. One shudders to think of them; and I shall not wound the minds of my readers by reciting particulars. They who wish to be shocked, or to gratify a monstrous curiosity, may read the tortures of Ravaillac or Damiens. A mode of death which strikes terrour into spectators, without excruciating the unfortunate objects of legal vengeance, seems to be the most eligible. I, therefore, think that the faces of those who are hanged should not be covered, as in Britain, but exposed, as is the custom upon the continent, that the distortions may be seen, which covered or uncovered must take place. I also think that the punishment of throwing criminals from the Tarpeian rock in ancient Rome was a very judicious one. But the best I have ever discovered is one practised in Modern Rome, which is called Macellare –to butcher.” The criminal is placed upon a scaffold, and the executioner knocks him on the head with a great iron hammer, then cuts his throat with a large knife, and lastly, hews him in pieces with an ax; in short, treats him exactly like an ox in the shambles. The spectators are struck with prodigious terrour; yet the poor wretch who is stunned into insensibility by the blow, does not actually suffer much.

But, indeed, death, simple death, when slowly and solemnly inflicted, will be fully sufficient to answer the purposes of publick punishment, as is very well demonstrated by Dr. Mandeville, in An Essay upon the Increase of Robberies, in which he has written with a very different spirit from that which prompted his very shrewd, lively, and entertaining, but dangerous Fable of the Bees.

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1768: Francesco Arcangeli, Winckelmann-Mörder

Add comment July 20th, 2016 Headsman

For murdering German Enlightenment intellectual Johann Joachim Winckelmann, Habsburg Trieste on this date in 1768 inflicted a breaking-wheel execution straight out of antiquity.

A Saxon cobbler’s son, Winckelmann (German Wikipedia link) showed academic aptitude from youth and spent his twenties reading theology and medicine at the Universities of Halle and of Jena while he tutored to pay the bills. This scuffling scholar got his big break when his gifts were noticed by the visiting papal nuncio, who recruited him to court service in Rome on condition of his conversion to Catholicism — a spiritual epiphany which dovetailed perfectly with his growing interest in art and drew him to Italy. (pdf)

Winckelmann traveled and read widely in Italy. He was a great admirer of the restrained classical Grecian aesthetic whose celebrated exemplars were being unearthed throughout the Mediterranean world;* some papers he wrote during the 1760s are regarded as seminal documents in the study of art history and of archaeology, and he in turn became a celebrity intellectual sought-after in the salons of visiting art-fanciers.

Having begun so mean and climbed so very high, Winckelmann was set up for golden years savoring the view from the pinnacle — but he was never destined to receive them.

Taking ill on a trip with friend and fellow classicist Bartolomeo Cavaceppi in 1768, Winckelmann tapped out and returned alone to Trieste where he shared a room at a seaside hotel** with a chance acquaintance of the road: our post’s subject, Francesco Arcangeli. (German Wikipedia again)

Arcangeli, it turned out, was a thief who had already been expelled from Vienna and now compounded his villainy by throttling and stabbing Winckelmann. Though the wounds were mortal, Winckelmann lived on for several hours in full command of his senses, evenly providing every bit of information that would be needed to avenge his murder. The self-evident inference of robbery forms Arcangeli’s accepted motive, but alternative hypotheses have attracted attention over the years: in particular, Winckelmann is thought to have been homosexual, so it’s possible their shared lodging was really an assignation that went very bad; more exotic is the idea that Winckelmann was intentionally assassinated further to some inscrutable plot among Vatican rivals or art cognoscenti.

A Winckelmann Society in the man’s hometown of Stendal, Germany maintains its native son’s scholarly focus on classical antiquity. Readers of German might also appreciate Goethe’s essay on the man.

* Notably, the excavation of Pompeii and Herculaneum had only just begun in 1748; Winckelmann visited the sites.

** It’s the present-day Grand Hotel Duchi d’Aosta.

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1768: Seven coal-heavers to crush the London port strike

Add comment July 26th, 2012 Headsman

On this date in 1768, a year of tremendous labor agitation in London, seven coal-heavers were hanged near the Shadwell dock.

With food prices surging,* the city’s hard-pressed urban proletariat was at peak militancy — which also lent violent energy the cause of hunted radical politician John Wilkes, who had returned from exile this year to stand for Parliament. Two principal loci of labor insurgency in 1768 were the Spitalfields weavers, whose struggle we have already observed, and the “coal heavers” — the men who did the grueling labor of offloading coal from Thames barges.

Coal-heaving was ill-paid and dangerous, and it was notoriously sensitive to fraud: workers (largely Irish: they’d been imported to hold down wages) being paid by the “sack” or the “vat” fought supervisors at riverside over just how fully loaded with coal such a sack or vat should be. Workers had their own recourse to “indirect Practises,” pilfering a few coals on the side to supplement pay up to within hailing distance of subsistence. The boss would call “theft” this grey-area practice harkening to labor traditions ancient and still-current. The rope would help him define it so.

Peter Linebaugh’s magisterial social history The London Hanged dramatically treats the fraught and violent months of the spring of 1768, when Irish workingmen were “bringing river traffic to a stand-still … [and] stopped the imperialist artery.”

Dockside taverns doubled as fraternal entities and regiments in the unfolding dock war. One John Green, keeper of a pub on New-Gravel Lane (not as scenic as the nearby Cutthroat Lane)

organized scab labour from [his] Roundabout Tavern. It was attacked in April with gunfire. A shoemaker bled to death on the pavement, a coal-heaver took a bullet in the head, ‘dropped down backwards, and never stirred’. The taverns were besieged, their furnishings destroyed. Gunfire was frequent. Green was acquitted of murder. Those testifying for him were mobbed and one witness had her jaw broken. The coal-heavers were as violent in word as in deed. ‘They would have Green’s Heart and Liver and Do for him'; ‘they would have him joint from joint'; ‘they would have his heart and liver, and cut him in pieces and hang him on his sign'; ‘they would hang him over his sign Post & cut him into Beef Stakes’.

Our seven — by name John Grainger, Daniel Clark, Richard Cornwall, Patrick Lynch, Thomas Murray, Peter Flaharty, and Nicholas McCabe — were indicted on grounds that they “with force and arms, with certain guns loaded with gunpowder and leaden bullets, feloniously, wilfully, and maliciously did shoot off at John Green.” Not quite cut into Beef Stakes, but it’ll get the job done.

Though the trials of Green, and then of Green’s assailants, were weeks apart, they concerned the very same disturbance on the night of April 20-21, when Green’s residence had been besieged by angry coal-heavers and Green with others had shot out the windows and killed at least two … but managed to hold his foes at bay during what must have been a harrowing night. Green wasn’t hurt, and gave evidence at the “shooting off” trial.

The London Irish had by 1768 an unparalleled knowledge of arms and armed struggle. They contributed to an insurrectionary impulse within the London working class. At the same time, as a consequence, the Irish had close knowledge of violent death. The intimacy of that knowledge was expressed in vivid euphemisms designed to reduce the terror of hanging. Seven coal-heavers received the ‘cramp jaw’ at the Old Bailey only after a new interpretation was placed upon the Waltham Black Act. The seven danced ‘a new jig without music’ on 26 July 1768. This particular ‘crack neck assembly’ was located in Sun Tavern fields, Shadwell … The move from Tyburn was designed to terrify the poor and working people of the river parishes. The ‘breath stopper’ was witnessed by 50,000 spectators, perhaps the largest crowd at such a scene since the hanging of the Earl of Ferrers eight years earlier. The Government anticipated disorders, if not rescue attempts, when these seven were to dance ‘tuxt de ert and de skies’. From 6 a.m. more than 600 soldiers patrolled the streets of Wapping and Shadwell. The Sheriff ordered all the constables of the Tower and Holborn divisions to assemble at the hanging site and to come armed with their staves. Thomas Turlis, the hangman, had stolen coal from a neighbour’s cellar five years earlier. But, that his work might not be interrupted, the Sheriff quickly obtained a pardon for him. He did his duty upon the coal-heavers, sent ‘a-spinning like a whirligig’. Once they had ‘peacably’ exited the world, many of the spectators may have gone for a drink as was customary:

Wid a facer we coddled our blood
For de wind id blows cold from de gibbett.

… The hanging at Sun Tavern Fields … taught a hard lesson about collective bargaining: attempts to counteract the rise in the price of provisions by improving wage rates would not be allowed. … the insurrectionary vanguard of the river proletariat was broken.

Or, as a more sanguine observer put it, after the hangings “the tumults immediately ceased, and peace and industry was happily restored.” And they all lived happily ever after.

* Bread prices doubled in 1768, leading to work stoppages, hoarding, and food riots throughout the city. Representative slogan shouted by desperate rioters: “We might as well be hanged as starve.” (George Rude, “The London ‘Mob’ of the Eighteenth Century,” The Historical Journal, Vol. II, no. 1 (1959))

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1768: Isaac Frasier, three strikes offender

1 comment September 7th, 2011 Headsman

On this date in 1768, Isaac Frasier hanged at Fairfield, Connecticut for his career of (as the pamphlet told it) “Abominable Thefts”.

Frasier took to his larcenous ways from a very young age, and committed a host of thefts from the time of his minority apprenticed to a tightfisted shoemaker. For the volume and audacity of his thefts, Frasier was a sort of Charlie Peace of colonial New England with the significant difference that he was also extraordinarily bad about conducting his career in serial burglary without (repeated) detection.

And so Frasier was caught, over and over and over again: really, he might have thought about a different vocation. Eventually he ran afoul of an 18th-century three strikes law allowing the execution of repeat offenders. (And drawing in its case some lively public debate over the justice of hanging a man for a mere property crime under any circumstances whatsoever.

Anyway, thanks to his want of both restraint and wile, Frasier was clapped in irons, whipped, branded, sold to a privateer, had an ear cropped, whipped some more. He lost his wife after one arrest (that wasn’t juridical penalty, just a modicum of shame.)

He had a gift for escape which jibed well with his gift for arrest, but every time he busted out of stir he returned instantly to burglary with a positively alcoholic compulsion.

Even when he effected his last jailbreak while already under sentence of death for recidivism, he exercised not an iota of discretion but invited his swift recapture by frantically plundering every shopkeep he laid eyes on in a whirlwind tour of Connecticut and environs. Just one last fix for the road.

Last Wednesday evening the notorious FRASIER, who was under sentence of death for burglary, as has been mentioned, was brought from Worcester, (where he was taken up for theft, and whipt) and re-committed to the goal [sic] in this town, from whence he escaped about a month since, — in which time he has committed five or six burglaries and thefts, and traveled near 500 miles. The next night but one after his escape, he broke open no less than three shops in Middletown, from one of which he stole 70l. value in goods and cash. The Superior Court now sitting in Fairfield, have given strict orders, that he should be loaded with chains, and the goal guarded every night till the time of his execution …

-Connecticut Gazette (aka New-London Gazette), Sep. 2, 1768

“Excessive Wickedness, the Way to an untimely Death.” That was the title of the gallows sermon they gave for him. At least they couldn’t knock him for idleness.

Frasier’s career is narrated in considerable detail at the excellent site Early American Crime, and this also affords enough excuse to note that this prolific blogger has published a book on his topic, Bound with an Iron Chain: The Untold Story of How the British Transported 50,000 Convicts to Colonial America. It’s a captivating read we recommend enthusiastically.

(Said blogger-author, Anthony Vaver, has also guest-posted on this site: see here and here.)

Part of the Themed Set: Americana.

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