1806: Dominic Daley and James Halligan, hated foreigners

Add comment June 5th, 2018 Headsman

On this date in 1806, immigrants Dominic Daley and James Halligan were hanged at Northampton, Massachusetts. In the words of one widely reproduced report, “They persisted in their innocence to the last moment, although there were perhaps not a single one of the numerous spectators present, which was presumed to amount to nearly 15,000, who entertained a doubt of their guilt.”

Today, nearly everyone thinks them innocent.

The case began, as many wrongful convictions do, with a particularly outrageous crime — a young farmer, Marcus Lyon, found dead in a Massachusetts creek en route to his home in Connecticut. He’d been shot through the chest and his brains battered out of his skull. The motive: robbery.

In the absence of substantive evidence, some witnesses with vague reports of strangers on the fatal turnpike furnished tissue for an entire theory of the case, and through the misapprehended focus of tunnel vision the strangers became Irishmen, and the Irishmen became Dominic Haley and James Halligan.

In the close aftermath of American independence, New England was still overwhelmingly Anglo-Saxon and Protestant. Most of the Irish people about at this moment were also Protestants: large-scale Irish Catholic immigration into the region only began in the 1820s and it panicked the normies when it came, with preachers and politicians railing against the insidious incursions of idolatrous papists.

So in 1805, when the hunt for strangers settled on two Irish-born Catholic immigrants … well, what was left to know? Just days later, a North Wilbraham Congregationalist minister thundered from the pulpit,

We see the evil attending a continued influx of vicious and polluted foreigners in this country. Many of the outrages we suffer proceed from this source. Who break open our homes in the unsuspecting hours of sleep? Who set fire to our large cities and towns for the sake of plunder? And who rob and commit murder on our highways? We are far from exculpating all of our own native citizens; we regret, indeed, that so many of them disgrace themselves and injure society by evil deeds. But these things notwithstanding, we are doubtless justified in saying, that a great proportion of the crimes above mentioned, together with many others which might be named, are committed by foreigners. And that atrocious deed which has so recently congealed all our blood with horror, in this place, is supposed to have been perpetrated by foreigners. Look at the annual reports of the overseers of the prisons and you will find them be principally occupied by foreigners

The first planters of this country were, generally speaking, men of pure lives and good morals and they were induced to come here for the sake of religion. And, for a long time, they maintained a wholesome and orderly state of society. But since the rapid increase of our commerce with other nations, and the great ingress of foreigners, many of whom are said to come here for the sake of escaping the retribution of justice in their own country; we have ripened apace in all the arts of vice and depravity. Some, who come among us from abroad, we readily acknowledge to be worthy and good men, and we cordially welcome their approach. But the number of these is comparatively small. The best and most useful citizens are cautiously retained, while the worst are readily parted with. Hence the rapid influx upon us, of late, of the most violent and abandoned of the human race. The late and present disturbances in foreign countries have greatly increased the calamity. The prisons of Europe and the West Indies are now disgorging themselves upon our shores; and this country is thus becoming the general asylum of convicts. This is a sore evil, and will furnish an increasing number of inhabitants for our prisons and victims for the halter.

The case in court would comprise 24 witnesses not one of whom had witnessed the crime; at most they could suggest that two strangers had taken the same well-trafficked public road on the same day as the victim, who was also a stranger in these parts. Even this much was not certain among the witnesses; their renderings were vague, tentative, contradictory — but witness recollections and prejudicial readings of circumstance soon shaped themselves around the shared understanding of events, and from so much smoke they wove the hemp.

The friendless immigrants’ court-appointed attorney, Francis Blake, who had been tasked with this first capital case of his life a bare 48 hours before the trial opened, made a vehement, eloquent, and futile address to the jury against “this illiberal, this inhuman prejudice” closing around the throats of his clients.

That the prisoners have, however, been tried, convicted, and condemned, in almost every bar-room, and barber’s-shop, and in every other place of public resort in the county, is a fact which will not be contested. That the sentence of the law has not been anticipated, and that they have not already suffered the penalty of death, may be ascribed rather to defect of power, than to lenity of disposition, in many of their accusers …

There is yet another species of prejudice, against the influence of which it is my duty to warn you. I allude to the inveterate hostility against the people of that wretched country, from which the Prisoners have emigrated, for which the people of New-England are peculiarly distinguished …

Pronounce then a verdict against them! Condemn them to the gibbet! Hold out an awful warning to the wretched fugitives from that oppressed and persecuted nation! Tell them that although they are driven into the ocean, by the tempest which sweeps over their land, which lays waste their dwellings, and deluges their fields with blood; — though they float on its billows upon the broken fragments, of their liberty and independence; — yet our inhospitable coast presents no Ararat upon which they can rest in safety; that although we are not cannibals, and do not feast upon human flesh, yet with all our boasted philanthropy, which embraces every circle on the habitable globe, we have yet no mercy for a wandering and expatriated fugitive from Ireland. That the name of an Irishman is, among us, but another name, for a robber and an assassin; that every man’s hand is lifted against him; that when a crime of unexampled atrocity is perpetrated among us, we look around for an Irishman; that because he is an outlaw, with him the benevolent maxim of our law is reversed, and that the moment he is accused, he is presumed to be guilty, until his innocence appears! …

The lives of the prisoners are now consigned to your disposal. Before you proceed to the performance of this awful duty, let me borrow the language of one of their countrymen, not degraded by the ignominious reproaches against his nation, but elevated to the highest rank among the orators of the elder world by the most splendid talents, the purest patriotism, and the most unsullied integrity. Let me beseech you to “remember that there is another than a human tribunal, where the best of us, will, on one day, have occasion to look back on the little good we may have done. In that solemn trial may your verdict on this day give assurance to your bones and afford you strength and consolation in the awful presence of an adjudging God!”

The words fell on deaf ears.

Daley and Halligan maintained their innocence from arrest to execution, but in the end they would require the offices of another foreign refugee, Father Jean-Louis de Cheverus, a French-born priest in Boston, who had fled the anti-clerical paroxysms of his own homeland. (Later, he would become the first Catholic Bishop of Boston.) It’s said that he stayed in jail with his charges, as no one in Northampton would suffer the papist priest to sleep under their own roof — and that his ministrations to them included the first Catholic mass said in that city.

Folklore cropped up around the 1830s to the effect that a local man had given a deathbed confession exonerating the hanged Irishmen … and that this murderer was the kinsman of one of the witnesses against Daley and Halligan. I cannot establish that this is any more than a just-so story, a fable, but even so it speaks to the continuing injury done by this execution to the now-growing Irish Catholic community. In time that demographic’s maturing numbers and political muscle flipped the story of Daley and Halligan from one of foreigners ripened in depravity to a sobering caution against bigotry and rush to judgment.

We have no real way, now, to access a definitive assessment of guilt or innocence; we can certainly say with confidence that the evidence was appallingly flimsy to hang a man even for the time. Both Daley and Halligan were posthumously exonerated by a writ of Massachusetts Gov. Michael Dukakis in 1984. Dukakis discussed that action, and history’s view of the Daley-Halligan railroading, in a 2011 panel available in podcast form here.

For additional resources, check this Historic Northampton page (already linked several times within this post). Below, you can read the entirety of an 1806 publication reporting the trial, from which the defense lawyer’s remarks have been drawn.

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1806: Francisco Dos Santos

Add comment March 28th, 2018 Headsman


New-York Weekly Journal, April 20, 1741

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1804: Ann Hurle, forger

Add comment February 8th, 2018 Richard Clark

(Thanks to Richard Clark of Capital Punishment U.K. for the guest post, a reprint of an article originally published on that site with some explanatory links added by Executed Today. CapitalPunishmentUK.org features a trove of research and feature articles on the death penalty in England and elsewhere. -ed.)

Ann Hurle was one of twelve people to be hanged for forgery in 1804. The law took a very severe view of this offence at the time and few forgers were reprieved.

Ann was an educated young woman of twenty-two, living in London, who had devised quite an elaborate plan to defraud the Bank of England of £500, which was a very large sum in those days and would now be the equivalent of over a quarter of a million pounds. The crime was perpetrated on Saturday the 10th of December 1803 when she met Stock Broker, George Francillon, at the Bank Coffee House and persuaded him to obtain a power of attorney for her to enable her to sell some Bank of England 3% stock belonging to one Benjamin Allin, an elderly gentleman from Greenwich. Mr. Francillon had known Ann for some six months and therefore was not overly suspicious. She told him that she had lived in Mr. Allin’s house as a child, where her aunt was the housekeeper, and that he had given her this stock in return for the aunt’s service to the household and the kindnesses she had shown him. Mr. Francillon obtained the power of attorney for Ann on the Saturday, and she told him that she was then going to take it Greenwich to get it signed by Mr. Allin.

Ann returned on Monday morning with the document purportedly signed and witnessed by Thomas Noulden and Peter Verney, who both ran small businesses in Greenwich. Ann met Mr. Francillon at the Bank of England where he took the document to the Reduced Office for verification. Ann meanwhile went off to sell the stocks. Mr. Thomas Bateman, the Clerk in charge of powers of attorney, asked to see George Francillon with Ann and informed them that Benjamin Allin’s signature on the power differed from that on the specimen held by the bank. Ann told Mr. Bateman that she knew Mr. Allin and that as he was nearly ninety years old, in poor health and nowadays wrote very little, it was not surprising that his signature differed. She also offered to take out another power of attorney and obtain a new signature on it. Mr. Bateman did not feel that this was necessary but wrote a letter to one of the witnesses to the document.

During the conversation in Mr. Bateman’s office, Ann mentioned that she had recently married and asked by Mr. Bateman why she had not taken out the power in her married name, she told him that she feared her marriage to one James Innes was not a good one. She suggested that he had stolen her money and then boarded a ship at Bristol and that he was already married to another.

Ann left the bank and returned on the following Tuesday. In the meantime, Mr. Francillon had become suspicious when he checked the document. He put their main meeting off to the following day while he did some further research, including going to see Benjamin Allin. As arranged, Mr. Francillon met Ann on the Wednesday morning at the Bank of England. He had previously had a meeting with Mr. Newcomb the principal clerk in the Reduced Office and explained his suspicions. He and Mr. Newcomb had a meeting with the Governors. Ann came to the Bank with a young man and must have realised from the delays in seeing her that all was not well and left. She was arrested the following day in Bermondsey and taken to the Mansion House for questioning. The young man turned out to be James Innes, who was also questioned. She was charged with the forgery and he with being an accessory to the crime, although it seems that his case was dropped as there is no record of a trial for him. The case was obviously unusual and of some public interest as it was reported in The Times of Wednesday, the 21st of December 1803. Ann was committed for trial at the next Sessions of the Old Bailey in London.

These Sessions opened on the 11th of January 1804, before the Lord Chief Baron of the Exchequer, Sir Archibald Knight. Ann was charged with four offences. The first was “feloniously, falsely, making, forging, and counterfeiting, on the 12th of December, a certain instrument, or letter of attorney, with the name Benjamin Allin thereunto subscribed, purporting to have been signed, sealed, and delivered, by one Benjamin Allin, of Greenwich, in the county of Kent, gentleman, a proprietor of certain annuities and stock transferable at the Bank of England, called Three per Cent. Reduced Annuities, to sell, assign, transfer, and convey, the sum of five hundred pounds of the said transferable annuities, the property of the said Benjamin Allin, to her, the said Ann Hurle , with intent to defraud the Governor and Company of the Bank of England.” The second count was, “For uttering and publishing as true a like forged deed, knowing it to be forged, with the like intention.” There were two further counts on the indictment against her, being the same offences against Benjamin Allin. Mr. Garrow led for the prosecution and Mr. Knapp for the defence.

George Francillon and Benjamin Allin were the principal prosecution witnesses. Mr. Francillon related the above story to the court and Mr. Allin examined the power of attorney document and declared that the signature was not his and that he had never signed such a document. Thomas Bateman, Peter Verney and Thomas Noulden also testified against her. Ann’s aunt, Jane, told the court that Ann had not visited Mr. Allin’s house recently and neither had Messrs. Verney and Noulden, the two purported witnesses to his signature on the document.

The witnesses’ testimonies were cross examined at this time but Ann offered no actual defence, leaving this to her counsel. She was thus convicted and remanded to Tuesday, the 17th of January 1804 for sentence. Four men and three women were bought before the court to received their death sentences that Tuesday, with the Recorder of London making particular reference to the gravity of Ann’s crime and the fact that she preyed upon “an infirm and imbecile old man”. He opined that only death was sufficient punishment for such a crime. He then proceeded to pass sentence on each prisoner. When Ann’s turn came, she was asked in the normal way if their was any reason why sentence of death should not be pronounced against her and replied that she thought she was “with child” (pregnant). She did not make this claim with any apparent confidence so no further enquiry into its validity was made. Sarah Fisher, another of the condemned women, also claimed to be pregnant but did so much more forcibly, thus requiring the court to empanel a Jury of Matrons, who examined her and declared that she wasn’t. It is feasible that both women could have been in the early stages of pregnancy, although neither was “quick with child”. Only if the prisoner was obviously pregnant was her execution respited until after she had given birth. In most cases she was reprieved altogether and her punishment commuted to transportation. “Pleading the belly” as it was called was a frequently used tactic at this time by women desperate to avoid the noose.

The Recorder of London reviewed the cases of those condemned to death and made a recommendation in each one. He then presented his recommendations in person to the Privy Council, which was chaired by King George III. In Ann’s case, there could be no recommendation for a reprieve. She was therefore scheduled for execution, along with Methuselah Spalding who had been convicted of sodomy at the previous Sessions held on the 30th of November 1803. It is interesting to note that Spalding was the only one of five condemned men at that Sessions not to be reprieved and that Ann was the only one out of the six men and three women at the January 1804 Sessions not to get a reprieve. Non-murderers normally had a period of two to three weeks before execution at this time and Ann’s execution was set for Wednesday, the 8th of February.

For reasons that are unclear, the normal “New Drop” style gallows at Newgate was not to be used for these two hangings. A simple gallows was erected at the top of the Old Bailey, near to St. Sepulchre’s Church.

On the morning of execution, Ann and Spalding were brought from their cells and pinioned in the Press Room. They were then taken out into the yard and loaded into a horse drawn cart covered in a black cloth which emerged from the prison at about 8.10 a.m. for the short ride to the gallows. The cart was backed under the beam and the two prisoners were allowed to pray with Ordinary and make their last statements. Ann was dressed in a mourning gown and wore a white cap. She made no address to the multitude who had come to see her die but prayed fervently with the Ordinary for five minutes or so. William Brunskill, the hangman for London & Middlesex, placed the rope around her neck and when she had finished praying, pulled the white cap down over her face. The cart was now drawn away leaving them both suspended. It was recorded that Ann let out a scream as the cart moved and that she struggled hard for two to three minutes before becoming still, her hands were observed to move repeatedly towards her throat and her un-pinioned legs kicked and padded the air. No doubt the eyes of the crowd were riveted on her poor writhing form. After hanging for the customary hour, they were taken down and returned inside Newgate from where they could be claimed by relatives for burial.

An angry letter appeared in The Times newspaper the following week castigating the authorities for the execution on the grounds of cruelty compared with the New Drop and the difficulty in seeing the prisoners and thus taking a moral lesson from their demise. It was alleged in the letter that the reason for the change of gallows was that the Newgate staff were too lazy to assemble the New Drop gallows. Whether this was true or whether the drop mechanism had become defective we will never know, but it was returned to service for the next execution, that of Providence Hansard for the same crime on the 5th of July 1805.

It seems surprising looking back two centuries that Ann, acting alone, would have devised such an ambitious plan to obtain this large sum of money. However, no evidence was offered at her trial to show that anyone else was involved, other than perhaps James Innes on the periphery of the crime. It must have taken quite some time to think through and make the necessary contacts, such as George Francillon, who would be able to obtain the power of attorney for her. It is hard to believe she was not aware of the risk of failure and the deadly consequences that would follow it. In the period 1800 – 1829, an amazing 218 people were to die for forgery in England and Wales. Another two women were to follow Ann to the gallows outside Newgate over the next two years, Providence Hansard mentioned earlier and Mary Parnell on the 13th of November 1805. Forgery ceased to be a capital crime in 1832 and the last execution for it took place on the 31st of December 1829, when Thomas Maynard was hanged at Newgate. Over two centuries attitudes have altered; had a modern day Ann committed the crime in the 21st century, she would have got somewhere between four and five years in prison and have been released on licence half way through this sentence.

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1806: Cesar Herbaux, Vidocq’s path not taken

Add comment January 6th, 2018 Headsman

French criminal turned seminal criminologist Eugene Francois Vidocq on this date in 1806 witnessed the fate he might have shared when his former underworld collaborator went under the guillotine at Paris for murder.

The son of an Arras baker, the young Vidocq (English Wikipedia entry | French) presented as an incipient Villonesque picaro. He had the first of his many theft-and-arrest events at the tender age of 13 courtesy of his father who summoned the gendarmes when he stole the family silver. Nothing daunted, Vidocq robbed the house again a few months later and ran away to join troupes of itinerant entertainers, soon transitioning into the French Revolution’s new citizen-army where the rogue by turns impressed with his competence and deserted ahead of some scandal, equally prolific in affairs of honor (he was an expert fencer) and those of the heart (same).

While in prison for his latest misadventures in 1795-1796 he fell in with another inmate — our day’s principal, César Herbaux or Herbault — and forged a pardon order for one of their fellows. Vidocq, as we shall see, would always blame the others for inducing him (their story was the reverse). In either event, for their trouble they caught a sentence that was cruel even though “galleys” by this time just meant prison hulks.

The tribunal … sentences Francois Vidocq and Cesar Herbaux to the punishment of the galleys for eight years …

[And] the said Francois Vidocq and Cesar Herbaux shall be exposed for six hours on a scaffold, which whall be for that purpose erected on the public square of this commune.

The sentence Vidocq himself published in his ghost-written memoirs, where the later, respectable man would situate it in the midst of his life’s chrysalis.

Vidocq did not serve his sentence; he escaped custody and lived the first decade of the 19th century on his society’s periphery, under a succession of aliases and with a succession of lovers, the episodes punctuated by re-arrests and re-escapes. In one close escape, Vidocq was lodging in Melun as “a travelling seller of fashionable commodities” when ill rumors induced him to flee for the capital. Resuming his memoir …

I learnt … from the landlord of the inn at which I had put up, that the commissary of police had testified some regret at not having examined my papers; but what was deferred was not ended, and that at my next visit, he meant to pay me a visit. The information surprised me, for I must consequently have been in some way an object of suspicion. To go on might lead to danger, and I therefore returned to Paris, resolving not to make any other journeys, unless I could render less unfavourable the chances which combined against me.

Having started very early, I reached the faubourg Saint Marceau in good time; and at my entrance, I heard the hawkers bawling out, “that two well-known persons are to be executed to-day at the Place de Greve.” I listened, and fancied I distinguished the name of Herbaux. Herbaux, the author of the forgery which caused all my misfortunes? I listened with more attention, but with an involuntary shudder; and this time the crier, to whom I had approached, repeated the sentence with these additions:

Here is the sentence of the criminal tribunal of the department of the Seine, which condemns to death the said Armand Saint Leger, an old sailor, born at Bayonne, and Cesar Herbaux, a freed galley-slave, born at Lille, accused and convicted of murder.

I could doubt no longer; the wretch who had heaped so much misery on my head was about to suffer on the scaffold. Shall I confess that I felt a sentiment of joy, and yet I trembled? … It will not excite wonder, when I say that I ran with haste to the palace of justice to assure myself of the truth; it was not mid-day, and I had great trouble in reaching the grating, near which I fixed myself, waiting for the fatal moment.

At last four o’clock struck, and the wicket opened. A man appeared first on the stage. It was Herbaux. His face was covered with a deadly paleness, whilst he affected a firmness which the convulsive workings of his featured belied. He pretended to talk to his companion, who was already incapacitated from hearing him. At the signal of departure, Herbaux, with a countenance into which he infused all the audacity he could force, gazed round on the crow, and his eye met mine. He started, and the blood rushed to his face. The procession passed on, and I remained as motionless as the bronze railings on which I was leaning; and I should probably have remained longer, if an inspector of the palace had not desired me to come away. Twenty minutes afterwards, a car, laden with a red basket, and escorted by the gendarme, was hurried over the Pont-au-Change, going towards the burial ground allotted for felons. Then, with an oppressed feeling at my heart, I went away, and regained my lodgings, full of sorrowful reflections.

I have since learnt, that during his detention at the Bicetre, Herbaux had expressed his regret at having been instrumental in getting me condemned, when innocent. The crime which had brought this wretch to the scaffold was a murder committed, in company with Saint Leger, on a lady of the Place Dauphine. These two villains had obtained access to their victim under pretence of giving her tidings of her son, whom they said they had seen in the army.

Although, in fact Herbaux’s execution could not have any direct influence over my situation, yet it alarmed me, and I was horror-struck at feeling that I had ever been in contact with such brigands, destined to the executioner’s arm: my remembrance revealed me to myself, and I blushed, as it were, in my own face. I sought to lose the recollection, and to lay down an impassable line of demarcation between the past and the present; for I saw but too plainly, that the future was dependent on the past; and I was the more wretched, as a police, who have not always due powers of discernment, would not permit me to forget myself. I saw myself again on the point of being snared like a deer.

Forever abroad on a false passport, watching over his shoulder for the next inquisitive policeman, the next chance encounter with a bygone criminal acquaintance, Vidocq was in his early thirties now and aching to go straight lest he follow Herbaux’s path to the guillotine. At last in 1809 he was able to find the perfect port of entry for a man of his underworld expertise: policing.

Beginning first as a snitch and informer, Vidocq uncovered a genius for the still-nascent field of professional law enforcement and made himself the field’s towering presence. His last arrest was in 1809; by 1812, he had created La Surete, France’s civil investigative organ. This still-extant entity became the model for Great Britain’s Scotland Yard (1829), with Vidocq consulting for his Anglo imitators.

His subalterns were heavily lawbreakers like himself, men and also women recruited from the streets and prisons for whom the cant of outlaws was native tongue and who took readily to Vidocq’s training in disguise and subterfuge: Vidocq trafficked in information, seeking crime in its native habitat where the easy-to-spot predecessors to the beat cop could not penetrate. The payoffs in robbers ambushed red-handed and turncoats delightedly unmasking themselves made the man a sensation.

Yet alongside his swashbuckling flair, Vidocq’s prescient interest in then-novel police techniques ranging from forensic science to controlling crime scenes to logging permanent records about criminals have established him as either a or the father of criminology.

A few books about Vidocq

All along, the master himself continued to adventure in the field too, and began compounding a sizable income from deploying his investigative talents for a private clientele. His mother who had once been accustomed to shelter him as a fugitive had a requiem mass at Notre Dame on her death in 1824.

In 1833, retired from Surete, Vidocq founded perhaps the first private detective agency. But as had been the case while he was in public service he had a zest for skirting the edges of the legally or ethically permissible, which was eventually the ruin of his business and his fortune. For all his legendary charisma, his heirs at the Surete in the late 19th century all but wrote out of their institutional history the thief who literally wrote the book on their field.

Posterity was bound to reclaim him if for no other reason than that the dashing detective had always been catnip for the literary set. Victor Hugo is thought to have drawn on Vidocq for both the chief antagonists in Les Miserables, the reformed criminal Jean Valjean and his relentless pursuer Inspector Javert; Balzac liberally cribbed from the biography of his good friend Vidocq to create his Human Comedy character Vautrin, a onetime forger become chief of the Surete. American writers invoked Vidocq by name in, e.g., Moby Dick and The Murders in the Rue Morgue, and Edgar Allan Poe‘s interest in turn gestures at the man’s place in the foundational cosmology of the detective story genre. And for all that the real man’s life, however one discounts for literary flourish, was somehow more colorfully impossible than all the Sherlock Holmeses that have followed him — why, by every probability the scoundrel ought to have wound up sharing the stage with a Cesar Herbaux. Accordingly, depictions of this deeply dramatic figure in theater and cinema stretch from the man’s own time all the way to ours, as with this 2011 Gerard Depardieu offering:

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1807: Richard Faulkner, scared straight

Add comment July 13th, 2017 Headsman

On this date in 1807 at Wisbech, 15-year-old Richard Faulkner hanged in a truly repentant frame of mind — as described by the Norfolk Chronicle of August 1, 1807:

At Ely assizes, held at Wisbech, there was but one prisoner for trial; viz. Richard Faulkner, convicted of the murder of George Burnham a lad about 13 years of age, at Whittlesea, on Sunday, the 15th of February last, by cruelly beating him to death, for no other cause than to revenge his (the deceased) mother’s having thrown some dirty water upon him.

The prisoner himself was not 16, but so shockingly depraved and hardened, that after condemnation he repeatedly clenched his fist, and threatened to murder the clergyman who attended the gaol, or any one who dared to approach him.

Indeed he was so ferocious that the gaoler found it necessary to chain him hands and feet to his dungeon, where he uttered the most horrid oaths and imprecations on all who came near him; and from the Friday to Saturday night refused to listen to any religious advice or admonition.

At length to prevent the termination of his existence in this depraved state, the expedient was devised of procuring a child about the size of the one murdered, and similar in feature and dress, whom two clergymen unexpectedly led between them, by the hands, into his cell, where he laid sulkily chained to the ground; but on their approach he started and seemed so completely terrified, that he trembled every limb, cold drops of sweat profusely falling from him, and was almost momentarily in such a dreadful state of agitation, that he intreated the clergymen to continue with him, and from that instant became as contrite a penitent as he had before been callous and insensible.

In this happy transition he remained till his execution on Monday morning the 13th inst. having fully confessed his crime and implored by fervent prayer the forgiveness of his sins from a merciful God!

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1805: Not Bartlett Ambler, possible buggerer

Add comment May 8th, 2017 Headsman

From “Buggery and the British Navy”, in History of Homosexuality in Europe and America

Unlike modern military law, which tends to distinguish in some way between homosexual acts between consenting adults and what is often the equivalent of rape of a shipmate, the navy during this period made no such distinctions. A boy who had been seduced or forced to commit buggery, therefore, was under great pressure to turn in his partner or attacker, for if they were caught and it appeared he had consented, the “victim” might well be as severely punished as the aggressor. Needless to say, there were serious problems in determining whether or not the boys called to testify were telling the truth, or simply using the buggery charge as a means of destroying a shipmate or officer they particularly disliked.

The courts were often acutely conscious of that possibility and there was even some objection to allowing young boys to testify in buggery trials. In 1772, the defense protested the testimony of John Ellis, a twelve year old boy who had accused one John Palmer of buggery. Despite the protest, however, it was decided that he could legally testify and Palmer was convicted of attempted buggery.

The problem of boys testifying against men in buggery cases are clearly revealed in the Bartlett Ambler case. Ambler was accused by four boys of sodomitic practices. Each testified that Ambler threatened to have them flogged if they told what had occurred. One of the boys, John Davy, said, “…and I had scarce buttoned up my breeches when he said be sure don’t tell no person of it. I’ll be very good to you, but if you tell any person of it I’ll get you flogged.” Ambler based his defense on the alleged wickedness of his accusers. Joseph Dorman, the ship’s corporal, was called upon to discuss the character of three of the witnesses.

Q. Do you know if the boys who have been examined in support of the charge against me are notorious liars?

A. Two of them Hopkins and Willcott have been several times punished for lying.

Court. What is the character of the boy Davy?

A. He bears a very bad character by the whole ship’s company.

Ambler also called upon Midshipman Robert Baker who told the court:

Davy is a very wicked boy indeed as ever lived everyone in the ship will say that if it was in his power he would hang his own father — I hear Hooper’s mother say that her son had denied to her all that had been said against the prisoner.

The court had to weigh the testimony of the four boys who accused Ambler of buggery against the evidence of Ambler’s witnesses, who denigrated the character of the boys and testified to his good reputation. The judges sentenced Ambler to be hanged, but as a sign of their unease, sent the following letter to the Admiralty Secretary, along with the minutes of the trial:

By desire of the members of a Court Martial assembled by me this day to try Mr. Bartlett Ambler, I have to request you will call their lordship’s consideration to the hardship the Court have labored under in being obliged to condemn a man to death, upon the evidence of four boys, the eldest not more than thirteen years of age, and therefore recommend him to mercy.

The recommendation was endorsed by His Majesty on May 8, 1805, and Ambler was pardoned.

It is clear that boys could be intimidated into testifying against innocent men. In one disturbing case, a boy was caught under the blanket of Edward Martin. Evidently, the boy did not have a bed or blanket of his own, and Martin took him in as an act of kindness. The captain of the ship had the boy flogged and threatened him with another whipping if he refused to testify. Under the threat of further punishment, the boy confessed that Martin had buggered him. The trial record reads:

Prosecutor. Did you inform me that the Prisoner had committed that unnatural crime on you twice?

James. Yes, but I was afraid that the Captain would flog me.

In this case, the prisoner was acquitted, but the case does suggest the many possible abuses in buggery trials: that the testimony of boys was suspect, that fear of punishment or promise of reward might be used to intimidate them into giving false evidence against a shipmate, that the boy could be motivated by dislike or a desire for vengeance.

Trial transcripts of the testimony offered against Bartlett Ambler — and summoned by Ambler in his defense, who averred the “wicked” and “very bad” character of the childish witnesses — are available in Gay Warriors: A Documentary History from the Ancient World to the Present.

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1801: Franz Troglauer

Add comment May 6th, 2017 Headsman

On this date in 1801, robber prince Franz Troglauer was hanged at Amberg.

A lifelong picaro, Troglauer had several brushes with the law at his back when around 1790 he formed up the Fürth Diebesbande, or Great Franconian Robbers’ Band.

This lot delivered what their name promised throughout the 1790s. Troglauer’s* gang took enterprising advantage of the emerging technologies that were driving the classical outlaw figure into myth and memory, setting up their own printing press to churn out forged papers and compassing a vast shadow economy ranging from thieves to fences to look-the-other-way inkeepers. Troglauer’s most famous caper was engineering the heist of a Bamberg bishop’s vestments. (And more significantly, his silver plate.)

Some in the latter-day Upper Palatinate aspire to make his haunts into a tourist attraction a la Troglauer’s Rhenish contemporary Schinderhannes, but his life is surprisingly ill-documented and so his fame has little spread to the wider world. (That’s why all the links here are in German.)

The gang was betrayed and broken up in 1798. Troglauer managed to escape and briefly resume his career, but his overt threats to assassinate a prominent landlord who had been involved in his previous prosecutions helped to intensify the search that brought him once more to prison and at last to the gallows.

* This is a network rather than a hierarchy; Jakob Meusel was another important leader, and it’s sometimes also called the Meusel Band after him.

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1807: John Holloway and Owen Haggerty, sworn away

Add comment February 23rd, 2017 Meaghan

On this date in 1807, John Holloway, 39, and Owen Haggerty, 24, were hanged outside Debtors’ Door at Newgate Prison for the murder of John Cole Steele five years earlier. They died alongside murderer Elizabeth Godfrey, who had stabbed a man.

Steele was 35 at the time of death and was noted for his “amiable character.” He had a warehouse in London and a lavender plantation in the country at Feltham, and business was going well.

On Friday, November 5, 1802, he set out from his London townhouse to Feltham. He didn’t say exactly when he was coming home, but it was his wife’s birthday on Sunday and the family assumed he’d be back by then.

He didn’t arrive home by Saturday, and everyone figured he’d stayed overnight at his plantation. But when he missed his wife’s birthday party the next day, they got worried. On Monday they sent a messenger to investigate.

Steele, it turned out, had arrived in Feltham, and by 7:00 Saturday evening he was ready to return to his London house. He wasn’t able to procure a carriage, however, and decided to walk across Hounslow Heath, then a notorious haunt of bandits and highwaymen. It was not the sort of place a man with money — Steele was carrying about 26 shillings on him — should be at night.

He had paid for his want of caution with his life.

Searchers subsequently found Steele’s bloodstained coat on the heath, in a gravel pit ten or fifteen yards off the road. His corpse was under a clump of trees in a ditch 200 yards from the road. It had not been buried, but turf had been laid over it to conceal it. He’d been beaten and strangled to death, and the leather strap used to choke him was still tied tightly around his throat. His boots and hat were missing, his pockets had been cut away from his clothes and all his money was missing.

The coroner’s jury recorded a verdict of willful murder against some person or persons unknown. Forensics in the early 1800s basically didn’t exist, and with no witnesses to the crime, it seemed very unlikely that Steele’s murder would ever be solved. As Linda Stratmann records in Middlesex Murders,

Letters were sent to justices in Rutland and Leicester, urging that the most strenuous efforts should be made to apprehend [suspects], but they were never found. Steele’s family placed an advertisement in the newspaper offering a reward of £50 for information leading to the capture of the murderers. Several known criminals were arrested on suspicion, but after questioning they were released. Four years went by and all hope of finding the guilty persons was gone.

But then…

In 1806, 26-year-old thief Benjamin Hanfield was sentenced to seven years’ transportation. While awaiting transfer to a convict ship to take him to Australia, he mentioned Steele’s murder to some other prisoners and said three men were involved in the slaying.

Word got around to the authorities, and they took him to Portsmouth by coach for questioning. He implicated John Holloway and Owen Haggerty. It had been Holloway’s idea, he said; he’d somehow found out that a gentleman with money would be at Hounslow Heath on Saturday, November 6, and had recruited the other men to help him commit a robbery.

The three of them went to Hounslow Heath that Saturday, as according to plan, and waited for Steele. When Hanfield accosted their mark and demanded money, Steele was cooperative at first, handing over his cash. But when the robbers demanded his pocketbook as well, he claimed he didn’t have it and begged them not to hurt him. Holloway struck him with his stick, and as Steele began to struggle, Holloway said, “I will silence the bugger,” and beat him several times about his head and body.

They left him lying dead on the heath.

Hanfield ran away first, ahead of the others. He waited for nearly an hour at The Bell public house for them to catch up. After his accomplices arrived, they all went to an inn, the Black Horse. It was midnight and inn was closed for business, but its proprietor was still awake and the three men convinced him to serve them. They shared half a pint of gin there before parting ways.

Hanfield’s story had some evidence to support it. While he was being transported to Portsmouth for questioning, the coach passed the place where Steele had been killed and Hanfield pointed it out. After confession, he was taken back the heath and pointed out the clump of trees where Steele’s body had been located. This was enough to get Holloway and Haggerty arrested. Both men, when apprehended, said they were innocent.

By December 8, Haggerty and Holloway were brought together and Hanfield’s statement was read to them. The two men denied knowing each other, denied any knowledge of the murder, and denied having ever been on Hounslow Heath in their lives.

Hanfield’s story had another problem: he said Holloway knew well in advance that Steele would be on the heath that fatal Saturday. But, although Steele visited his Feltham plantation regularly, he didn’t have a fixed day of the week for doing it, and his own family wasn’t sure when he would be returning when he left London on Friday.

But in spite of the discrepancies, the flat denials from the alleged accomplices, and the lack of evidence supporting Hanfield’s statement, the authorities were sure they had the right men — tunnel vision that presents in many wrongful convictions. Hanfield was granted a free pardon for turning King’s Evidence against his co-defendants, and his previous sentence of transportation was commuted. At the trial, he was chief witness for the prosecution.

The defense argued that Hanfield was a liar and a professional criminal who had implicated innocent people for personal gain. But the defendants could not prove where they had been on a random autumn night five years earlier, and both had clearly lied about being strangers to each other.

Multiple witnesses testified that Haggerty and Holloway had known each other for many years. One of those witnesses was Officer Daniel Bishop, who worked at the jail. The two prisoners had been placed in separate cells side by side, and the partition between them was so thin that they could easily converse with each other. This had been a trick, and Bishop had been hiding in a nearby privy, writing down everything they said. From Haggerty and Holloway’s conversation it was obvious the men were good friends.

That much was true. But it was also true that when they thought they were alone together, neither of them implicated themselves in Steele’s slaying, and in fact they said Hanfield was a liar and that he, and not they, should be hanged.

As the Newgate Calendar said, “There was a great body of evidence adduced, none of which tended materially to incriminate the prisoners, except that of Hanfield, the accomplice, who, under the promise of pardon, had turned King’s evidence.”

The verdict, nevertheless, was guilty, after fifteen minutes’ deliberation. The sentence was death.

Holloway and Haggerty went to the scaffold invoking God and insisting they had not been involved in Steele’s murder. The execution was a memorable one; the Reaper got a bountiful harvest that day. Linda Stratmann describes the awful events in detail:

The crowds that assembled were unparalleled and estimated at about 40,000 people. By 8 a.m. there was not an inch of ground around the scaffold unoccupied. Even before the prisoners arrived the crush was so great that people trapped in the crowd were crying out to be allowed to escape …

At the corner of Green Arbour Lane, nearly opposite the Debtors’ Door, two piemen were selling their wares when one man’s basket was knocked over. He was bending down to pick up his wares when surging crowds tripped and fell over him. There was an immediate panic, in which people fought with each other to escape the crush. It was the weakest and the smallest in the crowd who suffered. Seven people died from suffocation alone, and others were trampled upon, their bodies mangled. A broker named John Etherington was there with twelve-year-old son. The boy was killed in the crush, and the man was at first thought to be dead and placed amongst the corpses, but he survived with serious injuries. A woman with an infant at her breast saved her baby by passing it to a man and begging him to save its life. Moments later she was knocked down and killed. The baby was thrown from person to person over the heads of the crowd and was eventually brought to safety …

Gradually the mobs dispersed and the bodies, thirty in all, were taken up in carts, twenty-seven to Bartholomew’s Hospital, two to St. Sepulchre’s Church and one to The Swan public house. Numerous others were injured, including fifteen men and two women who were so badly bruised that they were taken to the hospital, one of whom died the following day.

As it turned out, the landlord of The Bell didn’t remember any strangers coming to the pub on the night of the murder, and the landlord of the Black Horse didn’t remember three men coming at midnight and asking for gin. There were no details of the murder in Hanfield’s confession that he couldn’t have learned from common gossip. Furthermore, he had a history of making false confessions. A lawyer, James Harmer, actually compiled a pamphlet (Google Play | Google Books) of evidence that supported Haggerty and Holloway’s innocence.

But none of this exculpatory evidence surfaced until after the executions.

In yet another twist, in 1820, John Ward, alias Simon Winter, was indicted for John Cole Steele’s murder. Ward had a bad reputation in the area and was suspected of robbery and livestock theft. It was said he participated in the search for Steele, and one witness said he had seemed to be trying to lead the search party in the opposite direction from where the corpse was found.

The paper-thin murder case against Ward was dismissed for lack of evidence, and rightly so. But by indicting him in the first place, the authorities had as much as said Haggerty and Holloway had been wrongfully convicted.

“The fate of Holloway and Haggerty,” Stratmann notes in her book, “was often referred to in subsequent trials as an example of how little weight could be given to accomplices to a crime. The tragedy which had attended their execution also gave rise to considerable anxiety for many years.”

Hanfield disappeared without a trace after the murder trial; it’s unknown whether he continued his criminal ways.

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1807: Ephraim Blackburn, low roller

Add comment November 11th, 2016 Headsman

On this date in 1807, a throw of the dice noosed Ephraim Blackburn.

The son of a Pennsylvanian who served in George Washington’s army, Blackburn sought his own martial adventure by joining the expedition of Louisiana-Mexico border trader Philip Nolan in 1801.

Nolan had spent the 1790s living and trading along the frontier of Mexico and (Spanish, until 1800) Louisiana. Nolan worked in a legal twilight, earning the connivance of some Mexican officials and the hostility of others; perhaps no Anglo was better-acquainted with Texas.

By 1800 he was barred from the territory but assembled a coterie of 30-plus armed men and ventured into Texas once agan on an apparent filibustering operation seeking to carve out control of some piece of Texas. Our man Ephraim Blackburn was among these daring souls, whose wooden palisade somewhere near the Brazos River was quickly overwhelmed by a Mexican attack.

Nolan died in the battle, leading the remainder of his men to surrender. From there they would embark on a strange years-long legal road, their numbers continually winnowed by escapes. Ordinarily when one is prosecuted as a foreign invader, one is not permitted to have the liberty of the city or to go into business, but that is exactly what occurred with the Nolan men.

One of their number, Peter Ellis Bean, is known to have survived his incarceration; he escaped and fought for Father Miguel Hidalgo‘s Mexican revolutionaries against Spain, returned to the United States in 1818, then re-settled in post-independence Mexico. Bean conferred on posterity a memoir recalling that during their imprisonment,*

Some of my companions got leave of the general to go to other towns to live, but I thought I would find out some way of making something. I gave myself out as a hatter. There was a gentleman who trusted me for whatever was necessary to carry on that business. I employed two Spanish hatters to work with me, for, in fact, I was no hatter at all. In about six months I had so raised my name, that no one would purchase hats except of the American. By this means I got a number of journeymen to work with me. I was clear of debt, and making from fifty to sixty dollars per week.

All this entrepreneurialism was unfolding while capital case meandered with no great urgency among Spanish courts. One judge recommended the prisoners’ outright release in 1804; by the time the message had been shipped across the Atlantic and back, it was 1807, and the judge had died. The crown’s reversal horrifyingly required the death of one in every five of the invaders — although since deaths and escapes had now reduced their ranks to just nine, the local authorities mercifully rounded the figure down to one.

On the 9th of November, the nine remaining prisoners were gathered in a Chihuahua barracks and made aware of their situation. They agreed among themselves to cast dice in order of seniority — low roll hangs.**

Blackburn was the oldest, and the first to roll. He threw a 3 and 1. Bean narrates, beginning with the frighteningly mysterious arrival of confessional priests the night before the survival lottery:

all our conversation that night was in view of our being put to death. I told them that we should trust to fate, and not fret ourselves about what we could not remedy. One of them said the bravest would be cast down to see his open grave before him. “But,” said I, “if you find no way to escape that grave, is it not better to march up to it like a man, than to be dragged to it like one dead? It is enough for them to drag me to it when life is gone. The most cowardly, where under sentence of death, have marched up with great bravery. And, as for myself, if I must die, I mean not to disgrace my country.” The reason I talked so was that I did not believe they would put us to death.

Soon the next morning the priests returned, and David Fero asked them if we were to be put to death. They said they did not know — perhaps some might be. I then began to conclude it would be me, and all my companions thought the same thing. I, however, said nothing; for, as I had before talked of valor in such cases, it became necessary for me to support that character. The priests said we must confess all our sins to them, and we should be forgiven. As for myself, I had been taught that God knew all my crimes and it was not worth while to relate them to the parsons. But some of my companions began to confess, and had their sins forgiven. When they asked me, I told them I must have four or five days to recollect all my sins — that they were so many, it was doubtful whether I could ever remember them all. The parsons advised me to begin, and God would enlighten me, and help me to remember them. I told them I could not that day, but perhaps by the next day I could remember some things. They then left us. All that day the talk among us was as to who it would be. I told them, I supposed, as I was the worst, it would be me; and, as my friend Tony Waters had been put in with us to share our fate, I thought, as he had broken open my letter, that if the thing went according to justice, and they hung the worst man, it must be him, for he was, without doubt, the greatest villain and ought to have been dead some years ago. Waters sighed, but said nothing. The next day the parsons came again, and brought with them a colonel, who read to us the king’s order — which was, that every fifth man was to be hung, for firing on the king’s troops. But, as some were dead, there were but nine of us, and, out of the nine, but one had to die. This was to be decided by throwing dice on the head of a drum. Whoever threw lowest, was to be executed. It was then agreed that the oldest must throw first. I was the youngest, and had to throw last. The first was blindfolded, and two dice put in a glass tumbler. He was led to the drum which was put in the room, and there cast the dice on the head of the drum. And so we went up, one by one, to cast the awful throw of life or death. All of my companions, except one, threw high: he threw four. As I was the last, all his hopes were that I should throw lower than he. As for my part, I was indifferent about it, for I had resigned myself to fortune. I took the glass in my hand, and gained the prize of life, for I threw five.

After two days to prepare himself, Blackburn hanged on Chihuahua’s Plaza de los Urangas. The remaining prisoners were scattered to different prisons for many years to come; among the survivors, only Bean is known to have set eyes on his native soil again.

* On the expedition that would staple his name to mainland America’s highest peak, Zebulon Pike was briefly captured by the Mexicans and taken to Chihuahua, where he met some of the Nolan gang prisoners.

** Both the random selection and its circumstances — punishing Anglo adventurers — strongly foreshadow Mexico’s later Black Bean Lottery.

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Entry Filed under: 19th Century,Capital Punishment,Chosen by Lot,Death Penalty,Execution,Guerrillas,Hanged,History,Mexico,Public Executions,Soldiers,Spain,Terrorists,Texas,USA

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1803: Ludovicus Baekelandt, Vrijbos bandit

Add comment November 2nd, 2016 Headsman

On this date in 1803, Flemish outlaw Ludovicus Baekelandt was guillotined at Bruges with about 20 of his gang.

Deserting the army of the conquering French, Baekelandt set up as a bandit preying the deep spruce forests of the Vrijbos, eventually attaining leadership of a gang more than 30 strong.

Baekelandt is one of those whom popular memory and national sentiment (resentful here of the French occupation) has elevated into huggable social banditry. But the evidence remaining us testifies to little but a garden-variety brigand whose offenses were in no way confined to property crimes.

The gang was rounded up in 1802 and the Bruges court heard testimony from more than 100 witnesses, eventually dooming 21 men and three women to death for a litany of murders and robberies.

Almost all the information about Baekelandt available online is in Dutch; if that tongue is in your toolkit, gentle reader, this public-domain book is sure to level you up on Ludovicus Baekelandt and friends.

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Entry Filed under: 19th Century,Beheaded,Belgium,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,France,Guillotine,History,Mass Executions,Murder,Occupation and Colonialism,Outlaws,Public Executions,Theft

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