1827: Joseph Sollis, the sheriff unmanned

Add comment April 27th, 2018 Headsman

Joseph Sollis was executed in North Carolina on this date in 1827 for murder. It didn’t go so well, apparently leading a regular gawker to pierce the spectacle’s fourth wall and get involved in the action himself.


Article from the May 8, 1827 Raleigh Register

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Entry Filed under: 19th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,North Carolina,Public Executions,USA

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1827: Blue Jimmy

Add comment April 25th, 2018 Florence Dugdale

(Thanks to Florence Dugdale-Hardy, wife of gallows aficionado and literary titan Thomas Hardy, for the guest post on horse thief “Blue Jimmy”, whom Thomas Hardy also referenced by name in a poem. We dug up the piece here. -ed.)

Blue Jimmy: The Horse Stealer

(written by Florence Dugdale-Hardy with Thomas Hardy)

Blue Jimmy stole full many a steed
Ere his last fling he flung.

The name of “Blue Jimmy” — a passing allusion to whose career is quoted above from Mr Thomas Hardy’s ballad “A Trampwoman’s Tragedy” — is now nearly forgotten even in the West of England. Yet he and his daring exploits were on the tongues of old rustics in that district down to twenty or thirty years ago, and there are still men and women living who can recall their fathers’ reminiscences of him.

To revive the adventures of any notorious horse-thief may not at first sight seem edifying; but in the present case, if stories may be believed, the career of the delinquent discloses that curious feature we notice in the traditions of only some few of the craft — a mechanical persistence in a series of actions as if by no will or necessity of the actor, but as if under some external or internal compulsion against which reason and a foresight of sure disaster were powerless to argue.

Jimmy is said to have been, in one account of him, “worth thousands,” in another a “well-to-do” farmer, and in all a man who found or would have found no difficulty in making an honest income. Yet this could not hinder him from indulging year after year in his hazardous pursuit, or recreation, as it would seem to have been, till he had reft more than a hundred horses from their owners, and planted them profitably on innocent purchasers.

This was in full view of the fact that in those days the sentence for horse-stealing was, as readers will hardly need to be reminded, death without hope of mitigation. It is usually assumed that the merciless judicial sentence, however lacking in Christian loving-kindness towards the criminal, had at least the virtue always of being in the highest degree deterrent; yet at that date, when death was the penalty for many of what we should now consider minor crimes, their frequency was extraordinary. This particular offence figures almost continually in the calendar at each assize, and usually there were several instances at each town on a circuit. Jimmy must have known this well enough; but the imminent risk of his neck for a few pounds in each case did not deter him.

He stood nineteen times before my lord judge ere the final sentence came — no verdict being previously returned against him for the full offence through lack of sufficient evidence.

Of this long string of trials we may pass over the details till we reach the eighteenth — a ticklish one for Jimmy — in which he escaped, by a hair’s breadth only, the doom that overtook him on the nineteenth for good and all. What had happened was as follows: —

On a December day in 1822 a certain John Wheller, living near Chard, in Somerset, was standing at his door when Jimmy — whose real name was James Clace — blithely rode by on a valuable mare.

They “passed the time of day” to each other, and then, without much preface:

“A fine morning,” says Jimmy cheerfully.

“‘Tis so,” says Mr Wheller.

“We shall have a dry Christmas,” Jimmy continues.

“I think we shall so,” answers Wheller.

Jimmy pulled rein. “Now do you happen to want a good mare that I bought last week at Stratton Fair?” And he turned his eye on the flank of the animal.

“I don’t know that I do.”

“The fact is a friend of mine bought one for me at the same time without my knowledge and, as I don’t want two, I must get rid of this one at any sacrifice. You shall have her for fourteen pounds.”

Wheller shook his head, but negotiation proceeded. Another man, one named Wilkins, a nephew of Wheller, happening to pass just then, assured Wheller that he knew the seller well, and that he was a farmer worth thousands who lived at Tiverton. Eventually the mare was exchanged for a cart-horse of Wheller’s and three pounds in money.

Curiously enough Wheller did not suspect that anything was wrong till he found the next day that the animal was what he called “startish” — and, having begun to reflect upon the transaction, he went to his nephew Wilkins, who also lived at Chard, half a mile from Wheller, and asked him how he knew that the vendor of the mare was a farmer at Tiverton? The reply was vague and unsatisfying — in short the strange assurance of Wilkins, Wheller’s own nephew, was never explained — and Wheller wished he had had nothing to do with the “man worth thousands.” He went in search of him, and eventually found him at that ancient hostel “The Golden Heart” at Coombe St. Nicholas, placidly smoking a long clay pipe in the parlour over a tankard of ale.

“I have been looking for you,” said Mr Wheller with severe suddenness.

“To get another such bargain, no doubt,” says Jimmy with the bitter air of a man who has been a too generous fool in his dealings.

“Not at all. I suspect that you did not come honestly by that mare, and request to have back my money and cart-horse, when I’ll return her.”

“Good news for me!” says Jimmy, “for that I’m quite willing to do. Here, landlady! A pipe and ale for this gentleman. I’ve sent my man out to bring round my gig; and you can go back to my farm with me, and have your horse this very afternoon, on your promising to bring mine to-morrow. Whilst you are drinking I’ll see if my man is getting ready.”

Blue Jimmy went out at the back, and Wheller saw him go up the stable-yard, half-regretting that he had suspected such a cheerful and open man of business. He smoked and drank and waited, but his friend did not come back; and then it occurred to him to ask the landlady where her customer, the farmer, lived.

“What farmer?” said the landlady.

“He who has gone out to the stables — I forget his name — to get his horse put-to.”

“I don’t know that he’s a farmer. He’s got no horse in our stables — he’s quite a stranger here.”

“But he keeps the market here every week?”

“I never saw him before in my life. And I’ll trouble you to pay for your ale, and his likewise, as he didn’t.”

When Wheller reached the yard the “farmer” had vanished, and no trace of him was discoverable in the town.

This looked suspicious, yet after all it might have meant only that the man who sold him the mare did not wish to reopen the transaction. So Wheller went home to Chard, resolving to say nothing, but to dispose of the mare on the first opportunity. This he incontinently did to Mr Loveridge, a neighbour, at a somewhat low price, rubbed his hands, and devoutly hoped that no more would be heard of the matter. And nothing was for some while. We now take up the experience of Mr Loveridge with the animal. He had possessed her for some year or two when it was rumoured in Chard that a Mr Thomas Sheppard, of Stratton, in Cornwall, had been making inquiries about the mare.

Mr Loveridge felt uneasy, and spoke to Wheller, of whom he had bought her, who seemed innocence itself, and who certainly had not stolen her; and by and by another neighbour who had just heard of the matter came in with the information that handbills were in circulation in Cornwall when he was last there, offering a reward for a particular mare like Mr Loveridge’s, which disappeared at Stratton Fair.

Loveridge felt more and more uncomfortable, and began to be troubled by bad dreams. He grew more and more sure, although he had no actual proof, that the horse in his possession was the missing one, until, valuable to him as his property was for hauling and riding, his conscience compelled him to write a letter to the said Mr Sheppard, the owner of the lost animal. In a few days W. Yeo, an emissary of Mr Sheppard, appeared at Mr Loveridge’s door. “What is the lost mare like?” said Mr Loveridge cautiously.

“She has four black streaks down her right fore-foot, and her tail is stringed’ so” — here he described the shades, gave the particular manner in which the tail had been prepared for the fair, and, adding other descriptive details, was certain it was the same mare that had been brought to Chard. He had broken it in for Mr Sheppard, and never before had known a mare so peculiarly marked.

The end of the colloquy was that Mr Loveridge gave up the animal, and found himself the loser of the money he had paid for it. For being richer than his worthy neighbour Wheller who had sold it to him, he magnanimously made up their temporary quarrel on the declaration of Wheller that he did not know of the theft, and had honestly bought the horse. Together then they vowed vengeance against the thief, and with the assistance of Mr Sheppard he was ultimately found at Dorchester. He was committed for the crime, and proving to be no less a personage than the already notorious Blue Jimmy, tried at the Taunton Assizes on March 28, 1825, before Mr Justice Park.

During the trial all the crowd in court thought that this was to be the end of famous Blue Jimmy; but an odd feature in the evidence against him was that the prosecutor, Mr Sheppard, when cross-examined on the marks described by his assistant Yeo, declared that he could not swear positively to any of them.

The learned judge, in summing up, directed the jury to consider whether the identity of the mare had been so indubitably proved as to warrant them in pronouncing the prisoner guilty, and suggested that the marks described by the witness Yeo might be found upon many horses. “It was remarkable,” his Lordship observed, “that Wilkins, who was present when Wheller bought the horse, although the nephew of the latter, and living within half a mile of him, had not been brought into court to give evidence, though witnesses from so considerable a distance as Cornwall had been examined.”

In spite of this summing-up people in court were all expecting that Blue Jimmy would swing for his offences this time; yet the verdict was “Not Guilty,” and we may well imagine the expression of integrity on Blue Jimmy’s countenance as he walked out of the dock, although, as later discoveries proved, he had, as a matter of fact, stolen the mare.

But the final scene for Blue Jimmy was not long in maturing itself. Almost exactly two years later he stood at the bar in the same assize court at Taunton, indicted for a similar offence. This time the loser was one Mr Holcombe, of Fitzhead, and the interest in the trial was keener even than in the previous one.

Jimmy’s first question had been, “Who is the judge?” and the answer came that it was Mr Justice Park, who had tried him before.

“Then I’m a dead man!” said Jimmy, and closed his lips, and appeared to consider his defence no longer.

It was also a mare on this occasion, a bay one, and the evidence was opened by the prosecutor, Mr Holcombe, who stated that the last time he saw his mare in the field from which he had lost her was on the 8th of the preceding October; on the 10th he missed her; he did not see her again till the 21st, when she was in a stall of Mr Oliver’s, at the King’s Arms, Dorchester.

Cross-examined by Mr Jeremy: The field from which the mare was stolen was adjoining the public road; he had never known the mare to escape; it was not possible for her to leave the field unless she was taken out.

Elizabeth Mills examined. Her husband kept the Crown and Anchor at Mosterton, Somerset; the prisoner came to her house about four o’clock on October 9. He had two horses with him. He asked for some person to put them in the stable; another man was in his company, and eventually the other man put them in the stable himself. The prisoner was riding the mare on his arrival; it was a bay one. Her husband returned about nine at night. (Cross-examined by Mr Jeremy.) Prisoner bargained with her husband for the horses; Pierce, the constable, was there while prisoner and her husband were talking; prisoner left next morning.

Robert Mills, husband of the last witness, examined. He reached home about nine o’clock on October 9. He went with Pierce the constable into the stable and saw a blood Mare; also a pony mare. Constable and witness took two bridles and a saddle belonging to the horses into the house, having a mistrust that the animals were not honestly acquired. Prisoner called for his horses next morning, and asked what he had to pay. Witness, who now began to recognise him, said: “Jimmy, I don’t think you came by these horses straight.” He replied, “I don’t know why you address me by the familiar name of Jimmy, since it is not mine. I chopped the mare at Alphington Fair for a black cart-horse.” Prisoner spoke of the pedigree of the mare, and asked twenty-five guineas for it, and twelve for the pony. Witness offered twelve for the mare. Prisoner refused, paid his reckoning and ordered his horses. While the saddle was being put on, witness cut two marks in the hair under the mane. Prisoner then left the house. The other man had gone away before witness returned the night before. The pony was left. Witness saw the mare afterwards, on the 22nd, in Mr Holcombe’s possession. He examined the mare and found the private marks he had made on her under the mane. He had never seen the prisoner between the time the latter put up at his house and when he saw him in Tiverton Prison.

(Cross-examined by Mr Jeremy.) The morning after prisoner brought the horses to his house he asked for some beer, though he was accustomed to wine, he remarked, and said that he was going to Bridport Fair to spend a score of bank-notes or so by way of killing time.

A witness named Gillard, as he was walking to church on the morning of the 8th (the morning before the robbery was committed) saw the prisoner in a lane three miles from Fitzhead, sitting on the ground between two camps of gipsies.

The prisoner said nothing in his defence, merely shaking his head with a grim smile. The verdict was Guilty.

“A Trampwoman’s Tragedy”
by Thomas Hardy
(Stanza X)

The taverns tell the gloomy tale,
The gloomy tale,
How that at Ivel-Chester jail
My love, my sweetheart swung;
Though stained till now by no misdeed
Save one horse ta’en in time of need;
(Blue Jimmy stole right many a steed
Ere his last fling he flung.)

His Lordship, in passing sentence of death, entreated the prisoner to make the best use of the short time he would have to live in this world. The prisoner had been two years since brought before him and in 1823 he had been convicted by his learned Brother Hullock for a similar offence. The full weight of the punishment awarded to his crime must now fall upon him, without the least hope of mitigation.

Such was horse-stealing in the ‘twenties of the last century, and such its punishment.

How Jimmy acquired his repute for blueness — whether the appellative was suggested to some luminous mind by his clothes, or by his complexion, or by his morals, has never been explained, and never will be now by any historian.

About a month later, in the same old County Chronicle, one finds a tepid and unemotional account of the end of him at Ilchester, Somerset, where then stood the county gaol — till lately remembered, though now removed — on the edge of a wide expanse of meadowland, spread at that season of the year with a carpet of butter-cups and daisies. The account appears under the laconic heading, “Execution, Wednesday, April 25, 1827: James Clace, better known by the name of Blue Jimmy, suffered the extreme sentence of the law upon the new drop at Ilchester … Clace appears to have been a very notorious character” (this is a cautious statement of the reporter’s, quite unlike the exuberant reporting of the present day: the culprit was notorious indubitably). “He is said to have confessed to having stolen an enormous number of horses, and he had been brought to the bar nineteen times for that class of offence…. In early life he lived as a postboy at Salisbury; afterwards he joined himself to some gipsies for the humour of the thing, and at length began those practices which brought him to an untimely end; aged 52.”

A tradition was till lately current as to his hanging. When on the gallows he stated blandly that he had followed the strict rule of never stealing horses from people who were more honest than himself, but only from skinflints, taskmasters, lawyers, and parsons. Otherwise he might have stolen a dozen where he had only stolen one.

The same newspaper paragraph briefly alludes to a young man who was hanged side by side with Blue Jimmy, upon the “new drop”: —

“William Hazlett — aged 25 — for having stolen some sheep and some lambs. The miserable man, after being condemned, seemed to imagine that his was a very hard case.”

The County Chronicle prints the last few words in italics, appearing to hold up its hands in horror at the ingratitude of the aforesaid William Hazlett. For was not he provided with a “new drop,” and had he not for his fellow voyager into futurity that renowned Wessex horse-thief, Blue Jimmy, who doubtless “flung his last fling” more boldly than many of his betters?

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,Other Voices,Public Executions,Theft

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1827: Three Spanish pirates in Richmond, states’ rights cause

1 comment August 17th, 2016 Headsman

On this date in 1827, a “Carnival of Death” in Richmond saw the hanging of three Spanish pirates who had but recently perpetrated an infamous slaughter all their own.

These men had shipped aboard the brig Crawford out of Matanzas, Cuba. The Crawford was bound for New York, but these Spaniards and a French-born American with the unfortunate name Tardy had a different idea: they had brought aboard a set of Spanish papers for the vessel that would show her under their command, sailing for Hamburg.

One night on the seas, the four rose up and murdered most of the rest of the crew. A cook and a French passenger were spared, as was the mate Edmund Dobson who convinced the hijackers that he could be of service navigating their prize.

The ship’s original papers vanished into the waves, along with Captain Henry Brightman of Troy, Mass., and eight other crew and passengers whose deaths make pitiable reading. Oliver Potter scampered up a mast to escape the mutineers, but having been gashed by their blades he eventually became “exhausted by the loss of his blood, [and] fell to the deck and expired.” Two other men leapt overboard and begged for their tormentors to allow them some piece of debris that would keep them afloat, “but the demons regarded [them] not.” (both quotes from the North Carolina Sentinel, June 30, 1827).

It would afterward emerge that Alexander Tardy was a veteran terror of the Atlantic lanes, and had been in the words of a Philadelphia Gazette report widely reprinted around the republic

many years on our coast, and in our cities, planning and executing his black and hellish deeds with all the coolness of a demon, and after having been suffered by the mildness of our laws to escape the gallows, and repeat his murders, when in many other Christian countries he would long since have hung in gibbets … his early execution would have saved hundreds of lives, and certainly the eight lives on board the brig Crawford.

“Hundreds” seems quite a bit on the exaggerated side, but by accounts Tardy had committed several seaborne murders and escaped from hard prison time in Virginia and South Carolina.

The Gazette gives us sneaky murders by poison, rather than slaughterous main-force ship seizures, and it appears that for all his accomplishments in the field of homicide, Tardy seems to have rarely or never actually managed to commandeer a prize: perhaps this was the margin that kept him off the gibbets all those years.

He was not destined for the gallows in this instance, either.

Since our quartet purposed to reroute the Crawford from a run up the coast to a cross-Atlantic voyage, they needed to augment her provisions. To this effect, at the suggestion of the heroic and unusually persuasive mate Dobson,* the Crawford put in at Old Point Comfort on the Virginia capes. There, Dobson was able to slip the pirates and row to shore. By the time he returned with authorities, the Spaniards had put ashore in a vain attempt to flee, while Tardy had cut his own throat.

It was the eventual understanding of the federal (not Virginia) court that tried them before a standing-room crowd that the Galician Felix Barbeto was Tardy’s equal in the plot, and that Barbeto and Tardy had hired the other two Spaniards: Couro (aka Jose Morando) and Pepe (aka Jose Hilario Casaris) both addressed their comrade as “Don Felix”.

Hanging in chains having fallen well out of favor by this date, Tardy “was buried at the low water mark near Old Point Comfort, with his face downward, and every mark of ignominy.” (Alexandria Gazette, July 24, 1827) A few hours later, someone thought to obtain his specimen for the quack science of the day and “he was disinterred, his head taken off, and dispatched to Baltimore, for the inspection of the Galls and Spurzheims of that city. They will probably find the organ of distructiveness [sic], finely developed.”

This was not the last of the Frankenstein stuff, either in medicine or in law. After the Spanish were conducted through Richmond to a public gallows before a vast throng of curious Virginians,* their three corpses were given over to the mania for galvanic experimentation.

“I happened to be in Richmond the day on which the Pirates were hung,” an anonymous correspondent wrote to the National Intelligencer a few days later.

In an attempt to obtain their bodies for galvanic experiments, &c. a very ludicrous evidence was given of the mania prevailing about State rights. Doct. — who had prepared the galvanic battery, was unapprised that the act of Congress, relative to criminals, authorised the court in certain cases, to consign the bodies for dissection; he, of course, omitted to make the necessary application for the Pirates. But, on the day of execution, finding that the Marshall had no authority to permit the bodies to be taken from the gallows before interment, the Doctor was advised to apply to Governor Giles for permission to take them. He concluded to do so, and knowing there was some difficulty in the case, deemed it advisable to approach his Excellency delicately, and if practicable, get him mounted on his hobby. To that end the Doctor broached the subject of State Rights, and suggested a doubt whether the authority of the Federal Court extended to the right of burying. The Governor caught at the idea, and, without hesitation, told the Doctor that there was no doubt in his mind but that, without permission of the State authority, the Marshal, acting under the authority of the Union, had no right to turn an inch of the soil; he therefore saw no difficulty in the Doctor’s taking possession of the bodies the moment they were cut from the gallows. — This the Doctor felt as sufficient authority, and proceeded to the place of execution.

* The ropes hanging Pepe and Couro broke.

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Entry Filed under: 19th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,Pelf,Piracy,Pirates,Public Executions,U.S. Federal,USA,Virginia

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1827: Isaac Desha pardoned by Gov. Joseph Desha

7 comments June 18th, 2013 Meaghan

On this day in Kentucky in 1827, a plainly guilty murderer who was on to his third trial received an unconditional pardon. His name was Isaac Desha and his father, Joseph, was the state governor.

The murder was committed in 1824. Isaac Desha had separated from his wife, who was reportedly “terrified” of him, and was staying in Richard Dogget’s roadside tavern/inn on the border of Fleming County. On November 2 of that year, Francis Baker showed up and checked himself into the inn. A newspaperman from Mississippi, he was en route to New Jersey where he planned to get married. He was well-dressed and had a lot of luggage with him.

Baker wanted to visit a local man whom Desha also happened to know, and Desha volunteered to take him there. The two men set off together, Desha riding his bay horse and Baker on a gray mare, carrying two saddlebags.

They never arrived at their mutual acquaintance’s home.

Two hours later, a neighbor named Milton Ball noticed a gray mare, with saddle and bridle but no rider, wandering aimlessly on the highway. He caught it and was trying to find the owner when he encountered another riderless horse. This one he recognized as Desha’s. It had a saddle but no bridle.

Milton Ball got his brother, who took the horse to Desha’s residence. No one was home and he left it there.

As Ball was still trying to identify the gray horse’s owner, he came upon Isaac Desha walking down the road carrying two saddlebags. Desha identified the mare as his own property and took it from Ball, and they parted ways.

Awhile later, Francis Baker’s saddlebags were found empty and abandoned. The man never returned to the inn. The locals put two and two together and looked warily at Desha, but there was no hard evidence of foul play and he was the governor’s son, after all, so they said nothing.

That hard evidence turned up within a week, in the form of Francis Baker’s brutalized corpse — partially stripped, and hidden behind a fallen tree only yards from where Desha had been seen carrying the saddlebags. He’d been beaten with some blunt object and his throat was slit, and he had unusual stab wounds that were “four-square” shaped.

Fragments of a horse bridle and a whip were recovered from the scene; Desha owned a horse whip with a heavy handle that could have inflicted the injuries that killed Baker. Desha also owned a dagger that, it turned out, precisely matched the oddly shaped stab holes in Baker’s shirt.

The circumstantial evidence continued to pile up: the mare Desha had claimed as his own turned out to be Baker’s horse, and he also had Baker’s gold watch and the clothing and money that had been packed in Baker’s saddlebags. Desha claimed he’d randomly encountered two unknown men who’d sold the horse to him, and that he didn’t recognize it as stolen property, even though he’d been riding with Francis Baker only hours beforehand.

As for the watch, money and clothes, Desha didn’t even try to account for those.

He was arrested, and tried for murder in January 1825. The case was sensational and they had to move the trial elsewhere because the court determined Desha couldn’t get a fair trial locally. His father hired the finest defense attorney that there was, but the jury took only an hour to convict and recommended a death sentence.

Desha’s attorneys immediately appealed the verdict and sentence. One of the issues was that the sheriff had stayed with the jury during their deliberations, something Desha’s defense said was improper. The sheriff had presumably watched over the jury because a number of them got anonymous notes threatening to burn them in effigy if they voted to convict.

(Not threats to burn the jurors, mind. Threats to burn their effigies.)

The appeals court judge, one George “Peg Leg” Shannon, agreed with the defense and overturned the verdict. The fact that he was good friends with Desha’s father the governor had nothing to do with it, he said, and the outrage among the citizenry and angry editorials in the newspapers would never make him admit otherwise.

Desha got his second trial in September 1825 and got convicted and sentenced to death again. Once again the case was overturned on appeal, this time because the prosecution had not proved Francis Baker’s murder took place in Fleming County like the indictment said.

The local papers called the trial a “farce” and ranted about corruption within the judiciary. The Winchester Gazette editorialized, “It would seem that justice has either bade adieu to Kentucky, or that her judges are the most corrupt and desperate men living.”

But there was nothing to be done about it: Desha would have to be tried a third time. He was, in February 1826, well over a year after the murder, and the third jury convicted him too.

Desha despaired over his third conviction and attempted suicide in July of that year, slitting his throat in his cell. He very nearly succeeded, and the surgeon who brought him back from the brink had to put in a silver tube to reinforce his severed windpipe. For the rest of his life he could speak only in a whisper. The tube needed to be removed regularly for cleaning, and every time this happened Desha endured a terrible feeling of suffocation.

whereas the whole of the evidence against the said Isaac B. Desha being circumstantial, and from much of it being irreconcileable, I have no doubt of his being innocent of the foul charge; therefore is an object worthy of executive clemency.

Now, know ye, that in consideration of the premises, and by virtue of the power vested in me by the constitution, I have thought proper, and do hereby grant to the said Isaac B. Desha a full and free pardon for the supposed offence, as alleged against him in the bill of indictment …

Given under my hand at Frankfort, on the 18th day of June, A.D. 1827, and in the 36th year of the Commonwealth.

By the Governor.
Jos. DESHA.

Desha’s murder conviction was once more under appeal, but his suicide attempt had left him in such poor health that a sympathetic doctor signed an order saying keeping him in jail was endangering his life. He was released on bond pending the outcome of his appeal.

In March 1827, his lawyers tried to get the murder case dismissed on procedural grounds. Request denied. In June they filed for dismissal again, because the court had failed to seat a full panel of impartial jurors. (Desha used all his juror challenges to help keep the count down.)

Request denied again, and what’s worse, the court decided Isaac Desha’s health had improved enough that he could withstand the rigors of jail. He was remanded into custody.

Governor Desha still had one last card up his sleeve, and it was a trump. On June 18, the same day Isaac was ordered back behind bars, his father rose in court and issued him an unconditional pardon on the spot.

Joseph Desha committed political suicide when he pardoned his son. Isaac’s crime, and the obvious favors afforded him by the justice system, severely damaged the governor’s reputation.

Contrary to popular belief, Joseph didn’t resign after pardoning his son. He quietly finished out his term, retired to his farm and never entered politics again. He died in 1842.

As for Isaac Desha, there’s a legend that he moved to Honduras or Hawaii and has descendants still living there. In fact, although he did head west after his release from jail, he never made it further than Texas.

Like a lot of pioneers, he surely hoped he could put his former troubles behind him. But Isaac Desha carried trouble with him: in Texas, he allegedly robbed and killed a fellow traveler in a crime remarkably similar to Francis Parker’s murder. He was charged with murder yet again and this time he didn’t have an influential father to protect him.

Desha escaped the death penalty one last time, though, by dying of a fever on August 13, 1828, the day before his murder trial was supposed to start. He was twenty-six.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,History,Kentucky,Murder,Not Executed,Notable Participants,Other Voices,Pardons and Clemencies,Public Executions,Scandal,USA

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