1874: Marshall Martin, “an innocent man compared to that woman”

Add comment January 23rd, 2018 Robert Elder

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

Gentlemen, I am here to die, but I am an innocent man compared to that woman. She deserves death ten times more than I do.

-Marshall Martin, convicted of murder, hanging, California. Executed January 23, 1874

Martin’s work supervisor was Valentine Eischler, whose marriage with wife Elizabeth was in the course of unraveling. According to Martin’s testimony, Elizabeth seduced him and urged him to murder her husband. Eventually, Eischler died in an attack with an ax, with both parties claiming responsibility at different times. Elizabeth pleaded insanity and was sent to an asylum. Martin was convicted of first-degree murder. It’s worth noting that the Chicago Daily Tribune recorded slightly different last words: “Gentlemen: I want you all to understand that I am here to die; but I am an innocent man; I don’t deserve this. The woman that caused me to do this deserves death a thousand more times than I do. That’s all I have to say.” Martin’s hanging was particularly gruesome, as recorded by the newspaper Alta California: “Although there was a drop of only six feet, the body dropped headless to the ground. His head rebounded a distance of six feet.”

(Also see a 2011 feature on the crime and the hanging in the San Jose Mercury News: Part 1 | Part 2 -ed.)

On this day..

Entry Filed under: 19th Century,Botched Executions,California,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,Other Voices,Sex,USA

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1874: Christopher Rafferty, the first executed for killing a Chicago cop

2 comments February 27th, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1874, Christopher Rafferty was hanged for the murder of Chicago Patrolman Patrick O’Meara, who was shot to death on August 4, 1872.

A fourteen­-year veteran of the force, O’Meara was not the first officer of the Chicago Police Department to die in the line of duty — but he appears to be the first whose death brought about a legal execution.

The murder went down like this: Rafferty, a bricklayer by trade and a bit of a hard case despite his youth (he was 25), had participated in a riot the week before the shooting. Rafferty and two other men, one of them his brother, were arrested and then released on bail. Rafferty swore he was innocent and claimed a man named Donovan would support his story, but Donovan refused to provide him with an alibi. To pay him back, Rafferty tracked Donovan down and beat him with a brick. Donovan staggered to the police station, reported the crime and swore out a warrant against his assailant.

At a little after midnight, when O’Meara and his partner, James Scanlan, tracked Rafferty down at Daniel O’Brien’s Saloon at Halsted Street and 35th Place, the thug seemed to be in a good mood and even offered O’Meara a cigar. He seemed to cooperate when the two officers told him they had to arrest him, but then bolted for the door while simultaneously pulling a gun from his pocket and firing at the two policemen, hitting O’Meara in the chest.

O’Meara collapsed and bled out on the saloon floor. His last words were, “Stay, Chris, don’t shoot.” But Rafferty shot again, barely missing Scanlan’s head. After a struggle with Scanlan, he escaped into the night.

Edward Burke and Thomas O’Gorman’s book End of Watch — Chicago Police Killed in the Line of Duty, 1853­-2006 noted,

[O’Meara’s] cold­blooded murder outraged Chicagoans. It was an atrocity further deepened by the fact that the killer had escaped. Local neighborhood folks took to the streets frantic with excitement following his murder, forming small posses that headed out to the prairie grass to hunt for the killer. Local police officials soon persuaded people to permit Chicago detectives to track Officer O’Meara’s murderer down themselves.

O’Meara

They caught him just a few hours later, walking in the fields on his way to Joliet. Rafferty was tried and convicted of the murder a month later, but his conviction was overturned twice on procedural grounds. His three separate trials and convictions are responsible for the long (for those days) wait between his arrest and his execution.

He met his death calmly and without a struggle, sleeping “as peacefully as a child” in the hours before his predawn hanging. His father was permitted to visit him shortly before the execution, and two priests accompanied him to the scaffold. His was the last public hanging in Lake County.

Just before he was hanged, Rafferty (or someone using his byline) penned the following ballad, which looks a shameless rip-off of one already floating about for the years-ago execution of James Rodgers*:

Come all you tender Christians, I hope you will draw near,
And likewise pay attention to a few lines I have here.
For the murder of O’Meara, I am condemned to die,
On the 28th** of February, all on the gallows high.

My name is Chris Rafferty, that name I never denied,
I left my aged parents in sorrow for to cry.
Oh little did they think in my youth and bloom
That I would come to Chicago to meet with my sad doom

My parents reared me tenderly as plainly you may see
Constantly good advice they always gave to me.
They told me: quit night­walking and shun bad company
Or State’s Prison or the gallows my doom would surely be.

Scanlan and O’Meara, they came in a saloon.
They said to me, “Chris Rafferty, we want you right soon.”
It was then I pulled that fatal pop and shot him through the heart
Which leaves a loving wife and husband for to part.

On the day of my trial it would pierce your heart to see
My companions and associates they were all standing by.
I bid them take a warning by my sad fate,
And to leave out their night­walking before it was too late.

O’Meara left behind a wife and five children. As for Rafferty’s family, the Chicago Tribune claimed they were left “in destitute circumstances: that the father is aged, the mother blind, the sister insane, the brother has fled, that the family were supported by the labor of the two sons, and, deprived of this, are now in distress.”

Killer and victim both rest in Calvary Cemetery.

* It must have been a hit, since the same ballad also got re-used for President James Garfield’s assassin.

** Despite what the verse says the execution was on the 27th, not the 28th.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,History,Illinois,Milestones,Murder,Other Voices,USA

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1874: Three for misshapen love

Add comment January 12th, 2015 Headsman

On this date in 1874, two men and a woman hanged at H.M. Prison Gloucester for unsatisfactory affairs of the heart.

Charles Edward Butt

On August 17 of the previous year, Charles Edward Butt had besought the company of a Miss Amelia Phipps for an excursion to the next day’s Gloucester Cheese Fair.

Miss Phipps, long the object of the young farmer’s amorous suit, had unfortunately pledged her company to another gentleman, which disappointment Butt remedied by shooting the young lady to death.

Mary Anne Barry and Edwin Bailey

On that very same August 17, a Bristol teen mother named Mary Susan Jenkins attempted to relieve her baby’s colic by reaching for a packet of Steedman’s Soothing Powders.

Plumped for use by teething children, these packets had been helpfully delivered by the local Dorcas Society, a charitable network set up to provide essentials to the poor. And Miss Jenkins was quite poor indeed, after having been dismissed from her domestic service by a prosperous cobbler named Edwin Bailey after the latter impregnated her, and then refused to pay for the upbringing of his whelp.

Minutes after the treatment with Steedman’s, however, the whelp had breathed his last.

Investigation soon determined that the packages had been laced with lethal quantities of strychnine, and the package from the “Dorcas Society” in fact appeared to have been addressed by the hand of Edwin Bailey himself — whose maintenance payments of five shillings per week had now been mandated by a court.

Bailey’s motivation in the affair is obvious; much less so is that of Mary Anne Barry. Barry was another of Bailey’s servants, and she had taken to visiting the Jenkins family over the preceding months under the name only of “Anne” — representing herself as an emissary of the Dorcas Society.

Barry claimed that she had simply been dispatched by Bailey to attempt to ferret out the bastard child’s real paternity which he still violently denied. But a few days before the rat poison was administered it was she who had recommended Steedman’s powders and suggested that they could probably be procured of the Dorcas Society. Though this surely convinced her jury, that panel strongly recommended her to mercy, perhaps not entirely certain on the judge’s charge to them “whether there was not a view of her case consistent with her innocence.” Considering that she was informing Edwin Bailey of the conversations in what she perhaps thought was merely the capacity of a detective, there is indeed such a view.

Robert Anderson Evans

Aging executioner-relic William Calcraft, who would be forced into retirement later this year, was too sick to officiate, so the honors were done by Welsh hanging-hobbyist Robert Anderson Evans instead. Evans only rates a faint and distant blot on the British executioners’ star chart; this date’s trio was probably his piece de resistance. At Evans’s suggestion, the gallows was constructed not as a rising stage, but as a platform level with the ground, and built over a pit.

Evans was a doctor by training, but despite this he gave these patients an increasingly outdated physic: the short drop hanging, soon to be rendered entirely obsolete by William Marwood‘s variable-drop tables.

While the fall Anderson allowed on this occasion was sufficient for the men, the lightly-built Mary Anne Barry — for whom Marwood’s calculations would have called for a longer fall — choked to death for several minutes. Anderson even had to resort to pressing down on her dangling body to speed her death, possibly reflecting as he did on the advantage the elevated stage had for effecting this sort of extremity. (It was a regular occurrence at Calcraft executions.)* Ms. Barry, who confided on the platform that her dreams had long foretold this fate for her, turned out to have the distinction of being the last Englishwoman to die with a short-drop hanging.

* Anderson’s undistinguished hanging career might have been lengthened had he taken to heart the idea that the separation is in the preparation. Anderson didn’t even bring three ropes with him because he assumed that the woman in the group would be reprieved (and that he wouldn’t break a rope and have need for a handy backup). Mary Anne Barry’s noose was made up at short notice in the prison by a former navy man.

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Entry Filed under: 19th Century,Businessmen,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,Murder,Sex,Women

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1874: Private Joseph Michaud, the first in Manitoba

2 comments August 26th, 2013 Headsman

The Canadian province of Manitoba logged its first judicial hanging on this date in 1874.

Private Joseph Michaud, an artillery gunner, earned the distinction with one of the classic criminal archetypes, the ill-advised bender. Having snuck out on the town — Winnipeg, in this case — a progressively more belligerent Michaud found himself by the wee hours slashing with his knife one of his fellow duty-derelicters.

That other soldier wasn’t the murder victim: it was, instead, a passerby who saw Michaud brandishing his weapon and attempted to intervene. The boozy artillerist chased that poor man down and left the Good Samaritan a bloodied corpse in the street, pocked with thirty or more knife wounds.

Once he sobered up, Michaud was as appalled as anyone. At his trial, his plea was “coupable dans mon coeur et je merite la morte.” (“Guilty in my heart and I deserve to die.”) In a similar vein, Canada’s temperance movement seized on the case of the remorseful young man driven to an act of madness by drink. “The miserable end of this young man Michaud ought to be a lesson to our young men to keep away form the temptation of strong drink.” (That quote and a longer summation of the trial are here.)

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Entry Filed under: 19th Century,Canada,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Milestones,Murder,Soldiers

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1874: William Udderzook, because a picture is worth a thousand words

2 comments November 12th, 2008 Headsman

On this date in 1874, William Udderzook was hanged in West Chester, Pennsylvania for an insurance scam gone horribly macabre — accidentally making judicial history in the process.

Udderzook and his brother-in-law Winfield Scott Goss had contrived to pick up some easy scratch by insuring Goss’s life and having him “burned to death” in a laboratory fire; Udderzook procured a medical cadaver for the purpose, and duly identified its charred remains the late lamented Goss, who was in fact laying low in Newark under an assumed name.

An amateurish stunt by today’s standards, but forensic science was still in its infancy. During the Civil War just a decade before, the majority of the dead had been buried unidentified. Personal recognition was still the best way available in most cases to tell who was who.

Udderzook and Goss’s wife therefore collected on their say-so, but insurance adjusters smelled fraud. It was through their pressure that the “Goss-Udderzook tragedy” unfolded, and became an object lesson and test case in the science of establishing identity.

Goss was the first hoisted on his own petard, for his faked death meant that Udderzook could not afford to have investigators find him alive. So Udderzook murdered Goss, this time for real — real gruesome, that is. When the body was discovered, it had been dismembered, disemboweled, and repeatedly stabbed.

When Udderzook faced trial, Goss’s identity with “Wilson” (his assumed name) was the central question, and it was established using photography. (The same way they identified the body, actually, per a contemporary New York Times account here. (pdf))

Udderzook fought the photographic identification all the way to the Pennsylvania Supreme Court — which turned aside the appeal with a landmark ruling whose embrace of the photographic science would unlock its forensic potential:

That a portrait or a miniature painting from life and proved to resemble the person may be used to identify him cannot be doubted, though, like all other evidences of identity, it is open to disproof or doubt, and must be determined by the jury. There seems to be no reason why a photograph, proved to be taken from life and to resemble the person photographed, should not fill the same measure of evidence. It is true that the photographs we see are not the original likenesses; their lines are not traced by the hand of the artist nor can the artist be called to testify that he faithfully limned [sic] the portrait. They are but paper copies taken from the original plate, called the negative, made sensitive by chemicals, and printed by the sunlight through the camera. It is the result of art, guided by certain principles of science. . . .

It is evident that the competency of the evidence in such a case depends on the reliability of the photograph of a work of art, and this, in the case before us, in which no proof was made by experts of this reliability, must depend upon the judicial cognizance we make of photographs as an established means of producing a correct likeness. The Daguerrean process was first given to the world in 1839. It was soon followed by photography, of which we have nearly a generation’s experience. . . . We know that its principles are derived from science; that the images on the plate, made by the rays of light through the camera, are dependent on the same general laws which produce the images of outward forms upon the retina through the lenses of the eye. The process has become one in general use, so common that we cannot refuse to take judicial cognisance of it as a proper means of producing correct likeness.

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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,Notable Jurisprudence,Notable Sleuthing,Pelf,Pennsylvania,USA

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