1778: Samuel Lyons and Samuel Ford, Fort Mifflin deserters

Add comment September 2nd, 2016 Headsman

In Philadelphia this date in 1778, “Lyons, Ford and Wilson, late Lieutenants, and John Lawrence, late gunner, in the navy of this State, were taken from the gaol to one of the gallies lying off Market Street wharf, where the two former were shot agreeable to their sentence, but the two latter reprieved.” (Pennsylvania Evening Post, September 2, 1778)

Samuel Lyons, Samuel Ford, John Wilson and John Lawrence all served on various of the American “row galley” fleet that gave the American revolutionaries at least some seaborne presence in their fight against the world’s preeminent naval power.

The four, executed and pardoned alike, had deserted the American garrison when that preeminent power put Fort Mifflin in the Delaware River under siege the previous autumn. (There’s a very detailed account of this operation here; the British eventually captured the fort from its badly outnumbered defenders.)

While desertion between the antagonists was a common phenomenon in the American Revolution, this made for an especially bad look a year later once the British abandoned Philadelphia to the aggressively triumphalist Patriots.

Even so, the last-minute clemencies alongside the actual shootings were also very much a part of the Continental Army’s delicate enforcement of discipline, in an environment where it feared that being either too lenient or too harsh could fatally undermine the tenuous morale of the rank and file. Every enforcement was considered in the light of its public impression.

“The number of spectators was very great,” our short report in the Evening Post concluded. “And it is hoped the melancholy scene will have a proper effect upon the profligate and thoughtless, who do not seriously consider that the crime of desertion is attended with the dreadful consequences of wilful perjury.”

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Desertion,England,Execution,History,Last Minute Reprieve,Military Crimes,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Pennsylvania,Public Executions,Shot,Soldiers,U.S. Military,USA,Wartime Executions

Tags: , , , , , , ,

1778: Josiah Phillips, attainted by Thomas Jefferson

Add comment December 4th, 2013 Headsman

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.

Edmund Randolph (Source)

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 day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Execution,Guerrillas,Hanged,History,Murder,Notable Jurisprudence,Notable Participants,Outlaws,Public Executions,Terrorists,Theft,USA,Virginia,Wartime Executions

Tags: , , , , , , , , ,

1778: Patrick McMullen, repeat deserter

Add comment September 4th, 2012 Headsman

On this date in 1778, Patrick McMullen was hanged on the Philadelphia commons for deserting, repeatedly, the Continental Army.

This poor fellow had started off (promisingly enough for the colonies) by deserting the British.

Such documentation as remains easily accessible isn’t very detailed about his pre-war background; the British had recently passed a Recruiting Act authorizing press gangs to shanghai Scotsmen into the royal army, but that measure was only 99 days old at this time. There were also many Scots-Irish who had already immigrated to the Pennsylvania colony or thereabouts.

This Irishman, however, enlisted pre-1775 in the British 38th Regiment of Foot, deserted, presumably served in a Continental Army unit at some point thereafter, and then by 1778 was back in British colors for the Battle of Monmouth, after which he deserted once again. Maybe he even changed teams four times, instead of twice.

Don Hagist is the author of the forthcoming book British Soldiers, American War.

This sort of “treachery” was not at all unusual.

“A good number of men switched sides, some several times, during the war,” said Don Hagist of the fascinating British Soldiers, American Revolution blog. “For many of them it did not impugn their reputations as soldiers; for example, many British prisoners of war escaped from captivity, joined in the American army as a means to get close to the front lines, then deserted again to rejoin the British army.

“At least, that is the story they’d give when brought to trial. Even when acquitted, sometimes these same men deserted yet again. When McMullen returned to the British army, he may have given the popular story that he was kidnapped by Bostonians and carried away from the garrison. This happened to a number of British soldiers in 1774 and early 1775; some turned up years later and gave their stories in court.”

McMullen had the bad luck to have to give this story to a court in Philaelphia at the time of that patriotic city’s maximum hostility following the British occupation.

Philadelphia’s Revolutionary military governor at this time was Benedict Arnold — still two years from his infamous betrayal, but even now finding himself stressed by the revolutionary extremism of his charges. Never a fire-eater himself, Arnold personally wrote to the Continental Congress with his own pitch for showing McMullen a bit of brotherly love, vouchsafing the view that our deserter’s culpability “is in his [Arnold’s] opinion insufficient” to warrant execution.

A Congressional committee respectfully disagreed, judging McMullen “a person of a most atrocious character” and directed that the hanging proceed.

Short review of these volumes about Revolutionary War desertion.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Desertion,England,Execution,Hanged,History,Military Crimes,Occupation and Colonialism,Pennsylvania,Public Executions,Scotland,Soldiers,U.S. Military,USA,Wartime Executions

Tags: , , , , ,

1778: James “Sandy Flash” Fitzpatrick

4 comments September 26th, 2011 Headsman

On this date in 1778, Revolutionary War-era bandit James Fitzpatrick was hanged — very badly — at Chester, Pennsylvania.

Fitzpatrick was then, and still is now, a legendary character in Chester County. He’s better known as “Captain Fitz” or, with a bit more flair, “Sandy Flash”.

Born to Irish immigrants in Chester, Fitzpatrick joined up with the Continental Army when the Revolutionary War broke out.

But after being subject to the commonplace but brutal punishment of flogging for some failure of military discipline, Fitzpatrick deserted, swimming off Long Island in the dead of night and eventually returning home. There, he was recognized as a deserter and clapped in jail until he agreed to fight again.

All this built up a terrific grudge in the young man’s heart, and he “agreed” just long enough to get out from behind bars and abscond again. After warding off yet another press gang sent to retrieve him, Fitzpatrick vengefully took to the road.

This was not necessarily out of bounds for Fitzpatrick’s milieu. As detailed by Rosemary Warden (“‘The Infamous Fitch’: The Tory Bandit, James Fitzpatrick of Chester County,” Pennsylvania History Summer 1995):

Fitzpatrick’s bold outlawry must be seen against the background of many Chester Countians’ lack ofsupport for the Revolution, ranging from passive neutrality to outright loyalism. Forty percent were Quaker, settled most heavily in the eastern township. Only a small number actively supported the Revolution or the British cause … Fitzpatrick’s two favorite targets, militia recruiters and tax collectors, often met violent opposition in Chester County during this period, and not always from loyalists …

It is not surprising that revolutionary General Anthony Wayne wrote to Council President Thomas Wharton in the spring of 1778, to suggest that he stop recruiting troops in Chester County, a wasted effort, and concentrate on raising men in Berks, Lancaster, York, or Cumberland Counties. Nor is it surprising that a loyalist bandit who particularly targeted militia officers would find clandestine support and safe hideouts in Cheser County.

Playing to the hilt the part of “Tory highwayman,” Captain Fitz targeted Chester County Whigs, and especially agents of the revolutionary government. And he did not neglect the opportunity to inflict with the flog the suffering he had once endured himself. Still,

Despite his many crimes, there was a rough chivalry in the character of the man which exhibited itself in his marked gallantry towards women, in his open, generous disposition to aid them on when ill fortune bore heavily; indeed, he was never known to rob a poor man or ill-treat a female. Many are the instances related when he bestowed upon the destitute that which he had taken from those in good circumstances, and the weak or defenseless never suffered at his hands. On one occasion an old woman, who made a meagre living by peddling from house to house odds and ends of female apparel, encountered Fitzpatrick in the neighborhood of Caln Friends’ meeting-house. She was at the time on her way to Philadelphia to buy goods, and all the money she possessed was on her person. She had never seen Capt. Fitzpatrick, and she informed, the tall, handsome stranger that she was told that the outlaw had made some demonstrations in that neighborhood a short time before, and she was afraid that she might fall in with him and be robbed of all her money. Fitzpatrick, by a few questions, drew from her the particulars of her business, and her difficulty in winning an honest livelihood. He then good naturedly told her she need be under no apprehension, Fitzpatrick never warred upon the weak or defenseless, that she was talking to that personage; and taking a purse from his pocket containing several gold pieces, he gave it to her to aid her in increasing her scanty stock of goods. Then, wishing her a safe journey, he turned into the woods and disappeared.

What a guy.

His prey among the Whig well-to-do not being constrained to treat Fitz with any similar measure of gallantry, the bandit was at length captured when, in the course of raiding a household, he briefly set down his weapons — and his hostages jumped him. (The hostages in question had an argument with each other afterwards over who should get the reward.)

“Sandy Flash” is a prominent character in Bayard Taylor‘s portrait of revolutionary Pennsylvania, The Story of Kennett, where, Turpin-like, he’s “transformed” (the author’s own words) “from a living terror into a romantic name.” Here, Bayard dramatizes an allegedly real exploit, in which Fitzpatrick boldly presents himself at a public inn* where a posse hunting him has holed up.

All eyes, turned towards the crossing of the roads, beheld, just rounding the corner-house, fifty paces distant, a short, broad-shouldered, determined figure, making directly for the tavern. His face was red and freckled, his thin lips half-parted with a grin which showed the flash of white teeth between them, and his eyes sparkled with the light of a cold, fierce courage. He had a double-barrelled musket on his shoulder, and there were four pistols in the tight leathern belt about his waist.

Barton turned deadly pale as he beheld this man. An astonished silence fell upon the group, but, the next moment, some voice exclaimed, in an undertone, which, nevertheless, every one heard,—

“By the living Lord! Sandy Flash himself!”

There was a general confused movement, of which Alfred Barton took advantage to partly cover his heavy body by one of the porch-pillars. Some of the volunteers started back, others pressed closer together. The pert youth, alone, who was to form the third party, brought his musket to his shoulder.

Quick as lightning Sandy Flash drew a pistol from his belt and levelled it at the young man’s breast.

“Ground arms!” he cried, “or you are a dead man.”

He was obeyed, although slowly and with grinding teeth.

“Stand aside!” he then commanded. “You have pluck, and I should hate to shoot you. Make way, the rest o’ ye! I’ve saved ye the trouble o’ ridin’ far to find me. Whoever puts finger to trigger, falls. Back, back, I say, and open the door for me!”

Still advancing as he spoke, and shifting his pistol so as to cover now one, now another of the group, he reached the tavern-porch. Some one opened the door of the barroom, which swung inwards. The highwayman strode directly to the bar, and there stood, facing the open door, while he cried to the trembling bar-keeper,—

“A glass o’ Rye, good and strong!”

It was set before him. Holding the musket in his arm, he took the glass, drank, wiped his mouth with the back of his hand, and then, spinning a silver dollar into the air, said, as it rang upon the floor,—

“I stand treat to-day; let the rest o’ the gentlemen drink at my expense!”

He then walked out, and slowly retreated backwards towards the corner-house, covering his retreat with the levelled pistol, and the flash of his dauntless eye.

* Specifically, the Unicorn, a patriotic tavern. Filed under “small world”: this pub was owned by Joseph Shippen, the uncle of the woman who would marry soon-to-beturncoat Benedict Arnold.

On this day..

Entry Filed under: 18th Century,Arts and Literature,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Occupation and Colonialism,Outlaws,Pennsylvania,Public Executions,Soldiers,Theft,USA,Wartime Executions

Tags: , , , , , , , , , ,

1778: Abraham Carlisle and John Roberts, triggering Benedict Arnold’s betrayal?

3 comments November 4th, 2010 Headsman

On this date in 1778, the hanging in Philadelphia of two elderly Quakers for treason perhaps set in motion Benedict Arnold’s notorious defection from the American Revolution.

Brotherly love was a little scarce on the ground in Philly after Gen. William Howe occupied it for the British in 1777-1778.*

British control of the cradle of liberty exacerbated the social tensions swirling around the revolution, most particularly between radical revolutionaries and those of a more go-along, get-along variety. Plenty of North Americans, after all, were British loyalists. Plenty of others were fine with political independence but horrified at the more radically democratic ideas of, say, Tom Paine.

Pennsylvania had proven a relative bastion for militants, who authored its progressive 1776 constitution and imposed loyalty tests to disenfranchise Tories and neutrals. When Howe withdrew from Philadelphia, these elements returned, loaded for bear. Or in this case, Quakers.

Members of this sect were suspect to begin with for pacifism, which is the sort of ideology that would fail a loyalty test. Spurning a Moravian pitch for exemption from the oath, the authorities complained of

persons among us, preferring a slavish dependence on the British King, from prejudice, expectation from lucrative offices, or the most unworthy motives, and screening themselves from the notice of Government, by a professed neutrality, have, nevertheless, as soon as opportunity offered declared themselves in favour of our Enemies, and became active against the Liberties of America

Abraham Carlisle and John Roberts, Quakers of an advanced age who had collaborated with the British, were thought to have done precisely this perfidious thing. In the sentence delivered to Roberts (the men had separate trials), the judge insisted his defendant was either with liberty, or against it.

Treason is a crime of the most dangerous and fatal consequence to society; it is of a most malignant nature; it is of a crimson colour and of a scarlet dye. Maliciously to deprive one man of life, merits the punishment of death, and blood for blood is a just restitution. What punishment, then, must he deserve, who joins the enemies of his country, and endeavours the total destruction of the lives, liberties, and property of all his fellow citizens; who wilfully aids and assists in so impious a cause; a cause which has been complicated with the horrid and crying sin of murdering thousands, who were not only innocent, but meritorious; and aggravated by burning some of them alive, and starving others to death. It is in vain to plead, that you have not personally acted in this wicked business; for all who countenance and assist, are partakers in the guilt.**

The wholesale purge such a logic would license was thankfully not forthcoming, because even revolutionary sentiment was uncomfortable with the treatment of these exemplars. Roberts’s own jury had to be cajoled into a conviction, and most of its members joined thousands of Philadelphians of different political stripes petitioning for mercy.

The post-Howe military governor of Philadelphia at this time was none other than Benedict Arnold, still an American general but putting himself ostentatiously into the tug-of-war over the proper revolutionary line with his profligate living and his courtship of a British-friendly merchant‘s daughter.

Arnold stuck his thumb in the radicals’ eye by hosting a party on the eve of this date’s hanging for society ladies of doubtful [revolutionary] virtue … prompting a fulsome protest by Joseph Reed

Treason, disaffection to the interests of America, and even assistance to the British interest, is called openly only error of judgment, which candour and liberality will overlook … it would astonish you to observe the weight of interest excited to pardon [Carlisle and Roberts] … will you not think it extraordinary that General Arnold made a public entertainment the night before last, of which not only common Tory ladies, but the wives and daughters of persons proscribed by the State, and now with the enemy at New York, formed a very considerable number. The fact is literally true.

Left- and right-wing factions of the revolution crystallized around Reed and Arnold, and the abuse of the more-patriotic-than-thou set soon wore on Gen. Arnold. The latter put his contacts with un-revolutionary Philadelphia to work — specifically, that merchant’s daughter’s former suitor, British Major John Andre. Arnold and Andre began their correspondence six months after Carlisle and Roberts hanged; little more than a year later, Arnold ditched the American revolution … and entered the American lexicon.

* This was the winter George Washington famously spent at Valley Forge, 20 miles from Philly.

** The sentence is as printed in in the Pennsylvania Evening Post, Nov. 6, 1778. The magistrate concludes the sentence by pointing out that in Pennsylvania’s “leniency,” treason was punished “only” with hanging … while in the mother country, it could still get you drawn and quartered.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,Occupation and Colonialism,Pennsylvania,Power,Public Executions,Treason,USA,Wartime Executions

Tags: , , , , , , , ,


Calendar

September 2019
M T W T F S S
« Aug    
 1
2345678
9101112131415
16171819202122
23242526272829
30  

Archives

Categories

Execution Playing Cards

Exclusively available on this site: our one-of-a-kind custom playing card deck.

Every card features a historical execution from England, France, Germany, or Russia!