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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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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1802: Sanite Belair, tigress

Add comment October 5th, 2016 Headsman

On October 5, 1802, Haitian soldier Suzanne Bélair, called Sanité Bélair, was shot with her husband by the French.

This “tigress” is the most famous of the Haitian Revolution’s numerous female protagonists. A free black woman, she married Charles Belair, the nephew and aide of the man who in the 1790s established pre-eminence on Saint-DomingueToussaint L’Ouverture.

L’Ouverture tragically vacillated when the French made their move in 1802 to reverse the revolution’s gains and re-establish slavery, but the tigress rallied General Belair to take the field in resistance — and not only rallied him, but fought alongside him as a regular in his army, attaining the rank of Lieutenant.

It’s said that at her capture, when threatened with beheading, she successfuly asserted the right to an honorable soldier’s death by musketry, and standing before their muzzles cried “Viv libète! Anba esclavaj!” (“Long live freedom! Down with slavery!”)

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1806: John Docke Rouvelett, malicious prosecutor

1 comment September 3rd, 2016 Headsman

From the Newgate Calendar:

John Docke Rouvelett, alias Romney

After maliciously prosecuting a Woman he was executed at Ilchester, at the Summer Assizes, 1806, in Somersetshire, for Forgery

JOHN DOCKE ROUVELETT, a notorious swindler, was well known at Bath, where he passed for a West Indian of considerable fortune and family. He was about forty years of age, and had the appearance of a creole. He lived with a woman of the name of Elizabeth Barnet, who passed for his wife. Having been arrested for debt, he was occasionally visited by this woman in the Fleet Prison, and was afterwards removed, by habeas corpus, into Somersetshire, on a charge of forgery.

Conscious that Elizabeth Barnet was the only witness against him, by whose evidence he could be convicted of the forgery, as well as of perjury, another case also pending — Rouvelett having falsely sworn a debt against Mr Dorant, of the York Hotel, Albemarle Street — he had her taken up for a supposed robbery, and charged her with stealing his purse in the Fleet Prison, containing forty guineas, half-a-guinea, and a valuable diamond.

This case of singular atrocity came on at the Old Bailey, Saturday, 5th of July, 1806. The young woman was fashionably attired, and her appearance excited universal sympathy. Rouvelett was brought up from Ilchester jail, ironed, to prosecute on his indictment. An application was made to put off the trial, on the affidavit of the prosecutor, which stated that some material witnesses at Liverpool had not had sufficient notice to attend. The object of this attempt was to prevent the woman appearing against him on his trial for forgery, and also to prevent her becoming a witness against him in the case of perjury, as already mentioned. The recorder saw through the transactions, which he described as the most foul and audacious that ever were attempted. He ordered the trial to proceed.

Rouvelett, who called himself a gentleman, stated that the prisoner was with him on the 11th of June, 1805, when he drew half-a-guinea from his purse and gave it to a messenger; after which he put the purse containing the property as stated in the indictment into the pocket of a surtout coat, which was hanging up in the room, in which was the ring, worth thirty pounds. There were no other persons in the room but the prisoner and himself, and in twenty minutes after she was gone he missed his property from the greatcoat pocket. He concluded that the money was safe, as the prisoner had gone to Dorant’s hotel, Albemarle Street, and he did not suppose her capable of robbing him. She, however, absconded, and he never saw her again until she was arrested at his suit, jointly with Dorant, in an action of trover for twenty thousand pounds for deeds, mortgages and bonds, bearing interest, for which bail was given. He had no opportunity of bringing her to justice for the alleged robbery, being himself a prisoner. (The recorder here remarked that the prosecutor could find the prisoner for a civil suit, although he could not find her for the criminal act.)

On the cross-examination of the prosecutor he said he was born at St Martin’s, in the West Indies, and had been at most of the islands in that quarter. His uncle was a planter in the West Indies, and he lived on such means, whilst in England, as his family afforded him. He was brought up in Amsterdam, at the house of Mr Hope, banker; after which he became a lieutenant in the British Army (the 87th Regiment). He knew Mr Hope, of Harley Street, Cavendish Square, and Mr Hope knew him to be Mr Rouvelett, of St Martin’s, for the two families had been closely connected for a hundred years. He lived in England on remittances from his uncle, in goods or bills, but he had no property of his own. Messrs Stephens & Boulton used to pay witness his remittances at Liverpool, but he could not tell who paid them in London. The recorder observed that the witness should not be pressed too far to give an account of himself, as he (the prisoner) stood charged with forgery. Being asked if he, the witness, had not said he would be revenged on the prisoner, as she was intimate with Dorant, and charge her with a felony, he answered that he did not recollect having said so; but the question being pressed, he partly acknowledged it. The purse, which was empty, witness acknowledged was found under the pillow, on the 12th of June, the day after the alleged robbery, by his room chum, a man of the name of Cummings. The prisoner was with him in prison after the 12th of June, although he had said she had absconded.

The recorder did not suffer the cause to be further proceeded in, and directed the jury to acquit the prisoner; he also observed this was the most foul charge he had ever heard of.

The disgust of the persons in court as the fellow retired was manifested by hisses and groans in such a manner as baffled the efforts of the officers of justice for some time to suppress.

The trial of this malicious offender, who was thus happily disappointed in his views, came on at Wells, on Tuesday, 12th of August, 1806, before Baron Thompson, and excited uncommon interest throughout the county of Somerset.

The prisoner, John Docke Romney alias Rouvelett, was indicted for having feloniously and knowingly forged a certain bill of exchange, dated Grenada, 10th of November, 1804, for four hundred and twenty pounds sterling, payable at nine months’ sight to the order of George Danley, Esq., and drawn by Willis & Co. on Messrs Child & Co. in London, with the forged acceptance of Messrs Child & Co. on the face thereof, with intent to defraud Mary Simeon.

Mr Burrough entered into the details of the case, which were afterwards substantiated by the evidence.

Mr Philip George, the younger clerk to the Mayor of Bath, stated that the bill in question was delivered to him by the Mayor of Bath, and that he had ever since kept the bill in his own custody.

Mrs Mary Simeon, dealer in laces, at Bath, deposed that in April, 1805, she lived at Bath. The prisoner came to her house on or about the 16th of March 1805; he looked at several articles in which she dealt, bought a fan, paid for it, and said he should bring his wife with him in the afternoon. He accordingly did so, and brought Elizabeth Barnet as his wife, Mrs Romney. He asked whether Mrs Simeon had a Brussels veil of a hundred and fifty guineas’ value. The witness answered she had not. He then bought two yards of lace, at four guineas a yard, and went away. This happened on a Saturday. The following Monday he came again, accompanied by his wife, looked at a lace cloak, at veils worth five and twenty guineas, and other goods, but did not buy any. In the course of the week he called again, and proposed to purchase a quantity of goods from the witness, if she would take a bill of a long date, accepted by Messrs Child & Co., bankers, in London. Witness answered she had no objections to take a bill accepted by such a house. He returned in two or three days and purchased articles to the value of about one hundred and forty pounds, which, with other goods afterwards bought, and with money advanced by her, made the prisoner her debtor to the amount of two hundred and ninety-nine pounds. He bought all the articles himself, unaccompanied by his wife. In the month of April, between the 20th and 24th, the prisoner proposed paying for the different articles, and he brought his wife to the house, when a meeting took place between them and the witness, and her brother, Mr Du Hamel. He said: “I am going to London, and I should like to settle with you. This is the bill I proposed to you to take; it is accepted by Child & Co., bankers, in London”; and, turning over the bill, he added: “The endorser is as good as the acceptors.”

The bill was here produced, and proved by Mrs Simeon to be the same which the prisoner gave to her in April, 1805.

The witness then took the bill, and her brother, Mr Du Hamel, paid to him, for her, thirty-five pounds, which, with the articles previously bought, made the whole of the prisoner’s debt to her two hundred and ninety-nine pounds. In her presence he wrote on the bill the name of John Romney, as his name. He afterwards went to London by the mail. She sent the bill to London the next day.

The conversation which passed between her and the prisoner, in the presence of her brother and Elizabeth Barnet, was entirely in the French language. He left his wife at her house, where she slept. While he was absent the witness received intelligence from London that the bill was a forgery, and she instantly wrote a letter to the prisoner, informing him of it. He came to Bath in consequence of the letter, late on a Sunday night, and a meeting took place then at her house with him, his wife, herself, her brother, and her solicitor, Mr Luke Evill, of Bath. The conversation then passed in English. Several questions were put to the prisoner by herself and by Mr Evill. Mr Evill asked him whether he had any business with W. A. Bailey, the endorser, which induced him to take the bill. He said Mr Bailey had sold some sugar for him. She asked him if Bailey lived in London; he replied at some inn or coffee-house, the name of which she did not recollect. He was then asked in what island or islands Mr Bailey’s property was situated. He mentioned two or three islands in the West Indies, but he did not know in which of them Mr Bailey was at that time. The prisoner then inquired where the bill was. Being informed by the witness that it was in London, he said she must write to get it sent back. She, however, declared that such an application would be unavailing, and the prisoner pressed her to go to London herself. She refused to go alone, and he entreated Mr Evill to accompany her, saying that he would give Mr Evill twenty pounds to defray the expenses of the journey, which he accordingly did. She set out at ten o’clock that night, accompanied by Mr Evill, and obtained the bill from Messrs Sloper & Allen, in whose custody it was, by paying three hundred guineas, which was all the money she then had at her bankers’. She brought the bill back to Bath, having stopped but one day in London; but the prisoner was not at Bath when she returned. He had left some property at her house with his wife, who had removed from Sidney House, with his clothes, etc. The bill remained after this in her custody about a twelvemonth, and was given up to Mr Evill by her brother. Mr Dorant paid the whole of the debt due by the prisoner on the 6th of May, 1805, a few days after the prisoner finally left Bath.

Upon the cross-examination of Mrs Simeon, it appeared that she considered the prisoner and Elizabeth Barnet as man and wife. It was not until May, 1806, that she appeared before the Mayor of Bath against the prisoner, whom she knew to have been in the Fleet Prison. She did not go before the magistrate at the solicitation of Mr Dorant, nor did she at any time, nor on any account, receive any money from Dorant, but what was actually and fairly due to her by the prisoner.

Mr Du Hamel, brother of Mrs Simeon, corroborated all the principal facts stated by his sister.

Mr Whelan deposed that he was a clerk in the house of Messrs Child & Co. He had filled that situation for about nine years, and, from his knowledge of the business, was enabled to state their manner of accepting bills. The house had no correspondence whatever at Grenada by the name of Willis & Co., and the acceptance which appeared on the face of the bill was not the acceptance of Messrs Child & Co.

Elizabeth Barnet was next called. She deposed that she became acquainted with the prisoner in the month of September, 1804, when at Liverpool. About a fortnight after she first saw him she began to live with him, and continued till the 6th of June, 1805; during all that period she passed under the name of Mrs Romney. She left Liverpool in the month of January, 1805, and came to London with the prisoner. They then took lodgings at Mr Dorant’s hotel, in Albemarle Street. The account he gave of himself to her was that he was a West Indian planter, and that he had estates in Martinique and St Kitts. They remained between two and three months at Mr Dorant’s hotel, during which time they were not visited by anybody except a Mr Hope, whom she remembered seeing with the prisoner. This Mr Hope was not represented to her as coming from Holland. She accompanied Mr Romney to Bath, and on their arrival there they lodged at the White Hart Inn for about a fortnight previous to her lodging at Madame Simeon’s. Soon after their arrival at the White Hart she went along with the prisoner to Madame Simeon’s to look at some laces and a black cloak. None of these articles, however, was purchased at that time by the prisoner, they being afterwards bought when she was not present. She heard the prisoner state to Madame Simeon that he would give her a bill of exchange, accepted by Child & Co. of London. She did not then see any bill in his possession, but saw him writing one three days afterwards, when he sent the witness for some red ink. Two or three days after the prisoner gave the bill to Madame Simeon he was much disturbed, and on being asked the reason he said he would be hanged. He asked her to fetch him his writing-desk, which she did. He then took out a large parcel of papers and burned them. She had no opportunity of seeing what those papers were. She said to him: “Were the papers any harm?” He said: “Yes; and there was a paper which must not be seen.” She never lived with the prisoner after the 6th of June, 1805. She, however, remembered visiting him in the Fleet Prison. She was soon afterwards arrested at Bath, at the prisoner’s instance, for the sum of twenty thousand, three hundred and twenty pounds, and carried to Winchester jail, and afterwards removed to the King’s Bench. She saw the prisoner on this occasion, and again at the Old Bailey, when he was examined as a witness against her on her trial. He then charged her with having robbed him on the 11th of June, 1805, of forty guineas and a diamond ring, when he was in the Fleet Prison. This charge was totally without foundation, as was also the alleged debt of twenty thousand, three hundred and twenty pounds. She never had any transactions in her life to which such a charge could refer.

On her cross-examination she deposed that her real name was Elizabeth Barnet. She was the daughter of a farmer in Shropshire, from whom she had had a plain education. She left her father when nineteen years of age and went to Liverpool, where she lodged with a Mrs Barns. She lived in Liverpool about nine or ten months. After she had left off seeing Mr Rouvelett in the Fleet she lodged at a Mr Fox’s, in Henrietta Street, Covent Garden, for seven or eight weeks. She afterwards went to Berry Street.

To some additional interrogatories by Mr Burrough this witness further deposed that the prisoner Romney sued out a writ against her for twelve hundred pounds, exclusive of the sum before mentioned. This was after she had ceased to visit him in prison and had gone to reside at her father’s, and it was also previous to the arrest for the twenty thousand, three hundred and twenty pounds already taken notice of. No demand was made against her by the prisoner when she visited him in the jail.

The jury, having consulted for a few minutes, returned a verdict of guilty of forging the acceptance, and of uttering it knowing it to be forged.

The trial lasted nearly twelve hours, and the court was filled in every part. Among the audience were the first characters in the country. This notorious offender was executed at Ilchester, pursuant to his sentence, on the 3rd of September, 1806. He was dressed in a blue coat with metal buttons, striped trousers, green slippers, and a fur cap.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Counterfeiting,Crime,Death Penalty,England,Execution,Hanged,Pelf,Public Executions,The Worm Turns

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1806: Josiah Burnham, despite Daniel Webster’s defense

Add comment August 12th, 2016 Headsman

On this date in 1806, 63-year-old Josiah Burnham hanged for murder in New Hampshire.

Eight days before Christmas in 1805, Burnham, a noted local churl “almost constantly engaged in litigation,” was languishing as a debtor in the Haverhill jail when he got into an argument with two cellmates. Burnham being merely a debtor and not a real criminal was apparently suffered to carry his own knife in his confinement, and he used it to savage effect. According to a graphic news report, Burnham

inhumanly stabbed Freeman in the bowels, which immediately began to gush out. At the noise occasioned by this, Starkweather endeavored to come to the assistance of his friend Freeman, when, horrid to relate, Burnham made a pass at him and stabbed him in his side and then endeavored to cut his throat, and the knife entered in the his collar bone. Burnham after this made a fresh attack on Starkweather and stabbed him four times more. By this time he had grown so weak that the monster left him and flew at Freeman, who all this time was sitting holding his bowels in his hands, and stabbed him three times more.

By this time the jailers were upon them as Burnham attempted to slash his own throat. His victims lived a few more hours in agony before both expired.

The irascible bankrupt was easily convicted; his greenhorn attorney had scarcely anything to leverage in defense of a known blackguard committing such a cold-blooded crime.

“Burnham had no witnesses. He could not bring past good character to his aid, nor ould we urge the plea of insanity in his behalf,” Daniel Webster remembered in 1851, then with a lifetime in law and rhetoric behind him. “I made my first and the only solitary argument of my whole life against capital punishment, and the proper time for a lawyer to urge this defence is when he is young and has no matters of fact or law upon which he can found a better defence.” Despite the legendary talent of his tongue to acquit the damned themselves, Webster couldn’t save Josiah Burnham.

We have of this event a lengthy sermon preached by the Rev. David Sutherland

It’s available free online here, in a pamphlet which is also the source of the other quotes in this post. (It does, however, misdate the execution for August 13. Contemporary news reports both before and after the hanging are categorical that it occurred on Tuesday, August 12.) There is also a halting biography purporting to have been communicated by the doomed man himself:

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,New Hampshire,Notable Participants,Public Executions,USA

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1800: Three Canadian pirates in Philadelphia

Add comment May 9th, 2016 Headsman

On this date in 1800, French Canadiens Joseph Baker (anglicized from Joseph Boulanger), Peter Peterson (LeCroix), and Joseph Berouse hanged in Philadelphia for a murderous mutiny.

That trio had seized control of their schooner Eliza, slaying three men in the process. They had a view to selling off the cargo but none of the three knew how to navigate the vessel — so they were obliged to bargain with the deposed captain William Wheland to sail them to Spanish territory. Eventually Wheland was able to get the drop on his mutineers, locking up LaCroix and Berouse in the hold while Baker was at the helm, then surprising the Canadian ringleader to get his ship back.


Norwith Courier, July 30, 1800

Whelan turned the naughty help over to a U.S. Navy ship, and in the consequent trial back at Philadelphia “his narrative alone was sufficient to carry conviction with it. The facts were too strong to admit a doubt of the commitment of the horrid crime with which the prisoners stood charged, and the jury, with very little hesitation, gave in their verdict guilty.” (Maryland Herald, May 1, 1800.)

The men died, penitent, at an execution island in the city harbor, “in the view of an immense concourse of spectators, who crouded the wharfs and the shipping.” A sorrowful confession purportedly taken down from Baker himself survives and can be read in full online.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,Pennsylvania,Piracy,Public Executions,U.S. Federal,USA

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