1868: Thomas Wells, the first private hanging in England

Add comment August 13th, 2009 Headsman

The hanging this date at Kent’s Maidstone Prison of Thomas Wells for the murder of the Dover postmaster stamped the understated debut of England’s era of private executions.

It was a shift almost a century in the making; in 1783, Albion had eliminated London’s traditional, disorderly procession to Tyburn in favor of public hangings just outside the walls of the prison — to the chagrin of traditionalists like Samuel Johnson.

As the 19th century unfolded, this even this throwback spectacle attracted increasing criticism, noticeably from literary types who decried the aesthetics, effectiveness, and/or morality of public execution.

Eventually, on May 29, 1868,* Parliament passed the Capital Punishment Amendment Act of 1868, also known as the Capital Punishment within Prisons Act. The public hanging was no more.

Our day’s otherwise mundane murderer became the first to answer for his crime in this brave new behind-prison-walls world. And if the objective was to banish the the spectacle and theater of the scaffold — well, the report in next day’s London Times of Thomas Wells’ hanging would suggest the measure achieved its purpose.

Yesterday morning Thomas Wells, aged 18, who was found guilty at the last Kent Assizes of the wilful murder of Mr. Walsh, the master of the Priory Station on the London, Chatham, and Dover Railway, by shooting him in revenge for a reprimand which that gentleman, under whom he served as a porter, had given him for some misconduct, suffered the extreme penalty of the law. This was the first execution under the new Act requiring executions in future to be inflicted within the prison walls.

It was, of course, generally known that the execution would be conducted in private, and that the only sign would be the hoisting of a black flag outside the prison wall. At the moment of the falling of the drop there were very few, if any, strangers in the vicinity of the prison, and the town presented quite its ordinary appearance, presenting a marked and extraordinary contrast to that which it has hitherto exhibited on the occasion of a public execution. The scaffold was erected in a small yard adjoining the debtors’ portion of the gaol, which had at one time been used as an exercise yard for the prisoners. It is enclosed by four high walls. The apparatus is the same that was formerly used, with some slight alterations. The drop is on a level with the stone paving of the yard, and the executioner has to descend several steps to remove the bolt which supports the platform, and the latter then drops into a recess prepared for it. No one was present at the execution but the undersheriff, governor, sergeant, chaplain, and the representatives of the Press.

After his trial the culprit seemed to have been fully aware that there was no hope for him, but he expressed remorse for the act he had committed, and wrote a very penitent letter to Mrs. Walsh, the widow of the deceased, entreating her forgiveness. No efforts appear to have been made in any quarter to obtain a remission of the capital sentence.

The culprit prayed fervently with the Rev. Mr. Frazer, the chaplain, for a few seconds, and as the drop fell he was singing with a loud clear voice the 486th hymn. He appeared to die after two or three convulsive struggles.

Of course, not everything old can be new overnight; this hanging was carried out by longtime public hangman William Calcraft, who’d had his start in the trade back in 1829 and was renowned for strangling his charges with his itty-bitty drops. Though the Times report downplays the climax, other press attendees agreed that Wells died hard.

This day’s milestone, nevertheless, was a way station en route to further innovations, the decisive transition from an ancient form of public corporal discipline to the rational, calculated, mechanistic procedure meet for an industrial empire.

Behind prison walls, Calcraft would yield his own place to William Marwood’s precisely measured drops, and then to the 20th century’s coolly efficient Albert Pierrepoint. The changes may have been incremental, but by the end, little save the rope remained of England’s storied hanging era.

The natural end of that evolution, some would have us believe, is disposing the rope altogether. If Wells’s private hanging held the seed of capital punishment’s eventual abolition, it sprouted quite neatly indeed: it was this same date in 1964 that England conducted its last private hangings — or executions of any kind.

* The act was passed only three days after the last public hanging in England.

Also On This Date

Possibly Related Executions

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

Tags: , , , , , , , , ,

1953: Derek Bentley, controversially

2 comments January 28th, 2009 Headsman

On this date in 1953, Derek William Bentley was hanged by Albert Pierrepoint in London’s Wandsworth Prison for a murder committed by a friend.

The execution of the mentally impaired 19-year-old was a lightning rod when it was pronounced the previous December and remained so over a half-century struggle for his posthumous pardon.

He had been caught robbing a warehouse with an underage friend in November 1952, and in the gunfight that ensued, a police officer was shot — 15 minutes after Bentley was arrested.

In a welter of confusing evidence, the essential fact was that the two youths had engaged a criminal enterprise and thus became jointly liable for every consequence of the crime, regardless of who pulled the trigger. Nevertheless, it rankled as a manifest injustice that the young man should hang for a murder that happened after he was in custody, while the triggerman should not. There was a sense that Bentley faced a maximal punishment in the state’s frustration that the shooter was too young to hang; and, that since the two boys’ ages were barely on either side of 18 and the 17-year-old Christopher Craig arguably the dominant member of the duo, the effect was a great injustice.

The jury’s recommendation for mercy was not taken up, and Home Secretary David Maxwell Fyfe — a Nuremberg prosecutor fresh from crafting the European Convention on Human Rights — declined to extend a reprieve.

This morning’s hanging was hotly protested. Several hundred rallied outside the prison; 200 MPs presented a petition for Bentley’s clemency, and afterwards several were rebuffed attempting to debate the hanging in Parliament. The medical journal Lancet assayed the general disquietude at the situation and opined that

[W]e are obliged to ask ourselves whether in holding to the letter of justice we are letting the spirit escape … To the English, at any rate, revenge is seldom a fully satisfying experience; it carries too much guilt with it. In the case of Bentley the public sense of guilt seems to have been strong — far stronger than the desire for vengeance.*

Bentley’s 21-year-old sister Iris vowed to her brother the night before his death that she would clear his name, and she fought for the rest of her life to do so. She would win that fight in 1998 (one year after her own death) when the conviction was overturned.

In the meantime, Bentley’s fate entered the public conscience, generally but not universally in the capacity of miscarriage of justice.

Bentley is the subject of an Elvis Costello song, “Let Him Dangle”:

… and a 1991 film:

* Lancet also said that “in our view the perpetual public preoccupation with the condemned cell and the gallows is harmful to the mental health of society.” Executed Today does not endorse this position.

Also On This Date

Possibly Related Executions

Entry Filed under: 20th Century, Capital Punishment, Common Criminals, Crime, Death Penalty, Diminished Capacity, England, Execution, Hanged, History, Murder, Notable Jurisprudence, Popular Culture, Wrongful Executions

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

Previous Posts


Calendar

November 2009
M T W T F S S
« Oct    
 1
2345678
9101112131415
16171819202122
23242526272829
30  

Archives

Categories

Wrongfully Executed?

You read it here first: Cameron Todd Willingham execution profiled in February 2008 now receiving widespread (and official) scrutiny as likely wrongful execution. Is Willingham alone? Hardly: remember the name Ruben Cantu.

Recently Commented

Tweets! Of! Death!