1748: Arthur Gray and William Rowland, Hawkhurst Gang smugglers

Add comment May 11th, 2018 Headsman

On this date in 1748, Arthur Gray and William Rowland — two desperadoes of the Hawkhurst Gang smuggling syndicate — were hanged at Tyburn.

We have in these pages formerly detailed the muscle of this fearsome gang, which having established a lucrative commercial enterprise evading tea duties and distributing its discount leaf did not shrink from brutalizing and murdering the king’s own agents to preserve it.*

Britain by the late 1740s was pressing hard to suppress the shocking violence of the smuggling trade. To that end, she had armed herself with legislation permitting the capital prosecution of people for carrying smuggled goods while armed — the attainble bar which was cleared for both of the prosecutions at issue in today’s post.

However, as the Newgate Ordinary described, there were much more shocking atrocities to be attributed:

There are numerous Instances might be given of the Barbarity of Smugglers, but I shall confine myself to one or two very remarkable, in which Gray was principally concerned, in Decem. 1744. The Commissioners of the Customs being informed that two noted Smugglers, Chiefs of a Gang who infested the Coast, were skulking at a House in Shoreham in Sussex, they granted a Warrant to Messieurs Quaff, Bolton, Jones, and James, four of his Majesty’s Officers of the Customs, to go in Search of them. The Officers found them according to the Information, seized them, and committed them to Goal. But the rest of the Gang, of which Gray was one, being informed of the Disaster of their Friends, convened in a Body the Monday following, and in open Day Light entered the Town with Hangers drawn, arm’d with Pistols and Blunderbusses; they fired several Shot to intimidate the Neighbourhood, and went to a House where the Officers were Drinking; dragg’d them out, tied three of them Neck and Heels (the fourth, named Quaff, making his Escape as they got out of the House) and carried them off in Triumph to Hawkhurst in Kent, treating them all the Way with the utmost Scurrility, and promising to broil them alive. However, upon a Council held among them, they let Mr. Jones go, after they had carried him about five Miles from Shoreham, telling him, they had nothing to object to him, but advised him not to be over busy in troubling them or their Brethren, left he might one Day meet the Fate reserved for his two Companions. They carried the unfortunate Mr. Bolton and James, to a Wood near Hawkhurst, stripped them naked, tyed them to two different Trees near one another, and whipped them in the most barbarous Manner, till the unhappy Men begg’d they would knock them on the Head to put them out of their Miseries; but these barbarous Wretches told them, it was time enough to think of Death when they had gone through all their Exercise that they had for them to suffer before they would permit them to go to the D – l. They then kindled a Fire between the two Trees, which almost scorch’d them to Death, and continued them in this Agony for some Hours, till the Wretches were wearied with torturing them; they then releas’d them from the Trees, and carried them quite speechless and almost dead, on Board one of their Ships, from whence they never return’d.

That’s all about Arthur Gray, a butcher by training who had advanced to a leadership role in the Hawkhurst Gang. Juridically, this entire story is nothing but the Ordinary’s gossip; the whole of Gray’s trial consists not of torturing and disappearing lawmen but an anodyne description of Gray’s having formed a convoy of about eight men, armed with blunderbusses and carbines, to carry uncustomed tea and brandy. It’s the get Capone on tax evasion school of using whatever tool is available; in fact, the very crime here for Gray is “tax offences”.

It’s the same for William Rowland, who was a person of much less consequence in the gang; the Ordinary has no scandal of interest to share with the reader, and by his telling Rowland awaiting the gallows seems preoccupied mostly with annoyance at his naivete in surrendering himself upon hearing of the warrant, thinking his involvement in the racket too trivial to have possibly come to hemp.

The Hawkhurst Gang would be broken up by 1749.

* On the lighter side of moral panics, we find philanthropist-noodge Jonas Hanway (who thought a proper Briton ought to fortify himself with robust beer instead of strained leaf-water) amusingly fretting in the 1750s that thanks to the 18th century’s tea craze

men were losing their stature, women their beauty, and the very chambermaids their bloom … Will the sons and daughters of this happy isle for ever submit to the bondage of so tyrannical a custom as drinking tea? … Were they the sons of tea-sippers who won the fields of Crécy and Agincourt or dyed the Danube’s shores with Gallic blood?

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1747: Thomas Fuller, Hawkhurst Gang smuggler

Add comment November 16th, 2016 Headsman

On this date in 1747, a Tyburn hanging dispatched (along with three other, unconnected criminals) Thomas Fuller, member of one of 18th century England’s most notorious gangs.

Named for their home village, the Hawkhurst Gang dominated the trade in contraband in England’s south from Doset to Kent in the 1730s and 1740s, with the arms and ill-temper to trade blow for blow with crown agents who rightly learned to fear the syndicate. In the process that gang contributed several members to Blighty’s gibbets for various deeds of spectacular violence — gentlemen whom this site will revisit in future posts.

Our Mr. Fuller, however, was by the evidence laid at his trial a mere grunt, and his prosecution targeted the gang’s more routine forms of outlawry.

Despite the smuggler’s romantic knight-errant literary profile — Rhett Butler, Han Solo — it was for 18th century England a vast economic sector organized on a nearly industrial scale. Excise duties imposed on in-demand imports, notably tea but also spirits, tobacco, sugar, and other indulgences, made these articles so profitable to move illegally that it’s a fair bet that they were predominantly consumed as contraband. We have seen in these pages, from a post laid 30 years to the future, that tea smuggling was so commonplace that respectable country parsons made no pretense about securing their refreshments on the black market.

It was enterprises like the Hawkhurst Gang that delivered the leaf to its market.

Exploiting the long coastline, from which skiffs could scuttle to rendezvous with channel shipping, the gang built a storage infrastructure, supply chains, distribution networks. We have a taste of how this worked from the words of the attorney general at Fuller’s trial:

About the Beginning of August last the Prisoner at the Bar, with a great Number of other Persons, all of them on Horseback, arm’d with Fire-Arms, the Prisoner particularly, among the rest, with a Carbine or a Blunderbuss, together with the rest, was on Horseback; and they were then accompanied with several drove Horses, and upon the Horses they rode, as upon those they drove, they carried great Quantities of Tea in Oil-skin Bags, and Half-Anchors, peculiar to those Sort of People; a Peculiarity it is which no Goods besides is carried, in order to elude Justice.

Multiple witnesses in this case described how widespread the practice is; they were needed because the crown case had an evidentiary weakness: everyone knew that posses toting oilskin bags were tea smugglers, but the witnesses had not literally seen the defendant reveal the contents of his oilskin bags. Here is a customs agent named Walker explaining the situation:

Sollicitor-General. What is the Practice of Smugglers in carrying off their Goods?

Walker. Such time as I have been an Officer, which has been ten Years, I never took no Tea in my Life upon Horses, but what was in Oil-skin Bags. Wherever I had a Suspicion, and found Oil-skin Bags, I always found Tea.

Q. How many may you have found?

Walker. Thousands of Bags; when they are in a Hurry, and taken from the Sea, they are in Oil-skin Bags; but when they carry them up into the Country, they carry them in Sacks; there is never a Gang that comes from the Sea-side, but rides with something upon their Horses.

Later, a different officer made an equally important observation about the well-known Hawkhurst Gang: “we never attack’d them, because we were over-power’d.” The Hawkhurst Gang was hardly alone in this. As readily as Britons embraced their untaxed smuggled tea and brandy, the underworld firms that delivered them were growing frighteningly in size and propensity to violence during the 1740s.

Accordingly, they were met by a concerted crackdown by authorities. (And, perhaps more helpfully, a reduction in the tea tax.) In 1745, Parliament had stacked upon the century’s vast allotment of property crimes fresh capital offenses for armed smuggling — no matter whether those arms were actually used. For the case at hand, there was no need to link Fuller to a homicide or the like: only to show that he participated in the normal activities of the Hawkhurst Gang.

As was often the case, it was left to the likes of the Ordinary of Newgate to express in words the ideological message of smugglers’ execution. He did so with great vehemence (but less persuasive effect) when Fuller went to hang:

The common People of England in general, fancy there is nothing in the Crime of Smuggling, but cheating the King of a small Part of his Revenue; and that there is no Harm done to the Community in general, or to the Properties of particular Persons: They think they have a Right to shun, as much as possible, paying any Duty for their Goods, and what they get by their Dexterity in that Manner is honest Gain, to be enjoyed as the Fruits of their Industry and Labour; but a little Consideration will teach them to think otherways, and convince them, that Smuggling is in itself a Crime of worse Consequence to Society, and more hurtful to particular Persons, than many other Crimes which Custom has taught them to look upon with great Abhorrence.

The Prejudice done the Society, and the Damage received by Individuals, next to the express Declaration of the divine Will, are the best Marks by which we can judge of the Degree of Immorality in any Action whatever; and if we judge of their Crime of Smuggling by this Criterion, we shall find it a Sin of deep Dye, and to deserve the Resentment of every Man, who pretends to any Share of moral Honesty.

In the first Place, the fair Trader is injured in his Property by their kind of illicit Trade: He pays honestly the Duties and Taxes charged upon his Commodity at his Entry, which in some Cases amounts to near as much as the prime Cost of his Goods at the first Market; this he must charge upon the Consumer, with a living Profit for his Riske, Trouble and Out-lay of his Money; but the Smuggler, who buys his Goods at the same Market, and perhaps at a lower Price, as he chuses the worst Sort upon running them, is able to undersell the fair Dealer at least one Third, and for that Reason is, by the greedy Retailer, preferred, though the Commodity he deals in is worse in Quality. Is not this robbing the honest Merchant of his real Profit, and forcing him either to sell below what his Goods cost, or leave off a Branch of Trade, to which perhaps, he has served an Apprenticeship, and built extraordinary Hopes upon, of being a Support to him or his Family? I appeal to every thinking Man, if there is any material Difference betwixt ruining a Man by robbing him on the Highway, and this Method of beggaring him and his Family by Smuggling? If there is any Difference in Point of Immorality, it must lie on the Side of Smuggling, as the Evil attending it is more universal, and reaches farther. Few Men carry their All in their Pocket; and not one Man in a Thousand is ruined, by what is taken from him by the Highwayman: But there is not a Ship of Goods run upon our Coast but injures Hundreds; perhaps not immediately, but in Process of Time it certainly has that Effect. Not only the Parts adjacent, and the Dealers near the Smuggling Port suffer by this Means, but the most distant Corners of the Kingdom are affected by it in a few Weeks, in Proportion as it lowers the Price of the Commodity, and diminishes the publick Revenue. But it is this lowering the Price which is the great Temptation; the Cheapness of the Smugglers Goods tempts the Retailer to prefer him to the fair Trader, from a mistaken Notion that it is his peculiar Interest to buy as cheap as he can, and consequently he encourages, conceals, and connives at all the Villainies of this Set of People. But if such a Retailer should give himself Time to think, I believe he might easily persuade himself, that he is robbing Peter to pay Paul; that what he gets upon one Article, he loses on another.

It is evident, Taxes must be paid to support the Expences of the Government; and that every Subject, as he enjoys the Benefit of Government, is obliged to contribute his Proportion to that Expence. It is likewise evident, that if the Duties laid upon one Commodity does not answer the Sum charged upon it, that the Deficiency must be charged upon some other. Thus: Suppose the Duties charged upon Teas, Brandy, &c. falls short 100,000 l. of the Sum allotted to be raised upon these Commodities, is it not evident that this 100,000 l. must be charged upon Soap, Candles, Leather, Sand, or some other Branch? Suppose then a Dealer, by dealing with the Smuggler, saves about half the Duty payable to the King, or, which is the same thing, buys it so much cheaper from him than he would from the fair Trader, and that his Gains upon this Article amounts to ten or twenty Pounds a Year, I mean his illicit Gains, or the Difference between the trading Price and smuggling Price; now, as it is evident, that every twenty Pounds gained this Way lessens the Revenue forty Pounds, he or somebody else must re-place this Sum in the Treasury, by a Tax upon another Commodity; from whence it is as clear as the Sum; that instead of gaining twenty Pounds by his smuggling Dealer, he really loses twenty Pounds upon the Ballance. I own, he may not chuse to deal so largely in these other Articles, as to bring it to this Ballance, but some of his Neighbours may. And as much Money as they pay towards making up this Deficiency, occasioned by the Smuggler; just so much does the Person, who deals with such People, rob out of the Pocket of his Neighbour.

If I was to charge several People, who make no scruple for the Lucre of Profit, to buy Goods which they know to be run, with as foul a Crime as Robbery, or even that of cheating their Neighbour, they would be apt to treat me with some Severity, and think I much injured their Reputation: Yet, upon serious considering the Circumstance attending this Practice, they must at last own, they deserve no better Character than that of a Highwayman and Cheat.

Thus it is plain that Smuggling is a Crime of the most dangerous Nature, both against the Community and private Persons, and as such subject to the Divine Displeasure, as much as any other Felony. It is not only a Sin destructive to Society, and contrary to human Laws enacted for the Peace, Protection, and Subsistence of the State, but is a Sin against the literal Precepts, as well as the Meaning and Intent of Christianity: We are commanded Obedience to Government for Conscience sake; we are commanded to pay Tribute to whom Tribute is due. Our Saviour gave that Answer to the Jews, though that People had as much Reason as any People on Earth, to look upon the Romans as Tyrants, and having no Right to that Tribute, but what they founded upon the superior Force of their Arms; but how much stronger is the Christian Obligation, to pay towards the Support of a Government established? Not by Force or Fraud, butby the Consent of a free People, and conducted by all the Arts of prudent Policy conducing to their Happiness, both in their Religious and Civil Capacities.

If we consider ourselves as several Members united in one Society for our mutual Peace and Protection, we must conclude it the highest Piece of Injustice in us to refuse or evade by Force or Fraud to pay our Contingent of the Expence incurred for such valuable Purposes, as the securing our Religion and Liberties.

If the Government was to make any Infringement upon the Properties of Individuals, or aim at lessening the Freedom of the Constitution, how would the Smuggler and his Friends rail and exaggerate the mighty Grievance? Yet at the same Time grudge to pay their Quota, and take all Means in their Power by Deceit or Violence to cheat the Government of what enables them to preserve Order and Peace in the Community.

These Considerations alone are sufficient to awaken the Conscience of the Guilty in this Way, and to hinder us from affording them an unseasonable Compassion; but there yet remains some other Circumstances to blacken the Blackness of their Crime. These are the Manner in which they go about to execute their Smuggling Purposes.

They go in Companies together, armed with all Manner of offensive Weapons, and escorted by the most profligate Wretches they can pick up: They employ none in their Service but Fellows who have given Instances that their Consciences are Proof against all Checks of Morality, Religion or Law, and whose Courage is equal to the most daring Attempts upon the Peace of the Society. By these Men Perjury amongst others, is looked upon as a venial Transgression, beneath the Conscience of a Gentleman Smuggler to be troubled with. Murder, Rapes, and Robberies are with them but as frequent, as they conduce to their Interest. Their Character, their Cruelty, and Numbers has given them another Source of Encouragement, and a new set of Allies. For Numbers of the Country People who perhaps abhor their Practice, from the Dread they have justly conceived of their Power, find themselves obliged, tho’ against their Wills, to connive at or conceal, and even to assist them, and when they are not willing, they are compelled to lend their Aid. For when a Smuggling Vessel touches on the Coast, those concerned or their Associates meet at a Place of Rendezvous, and press all the Horses they meet with for their Service, which they sometimes return, and sometimes not, just as their Business requires, and the Owners dare not complain for fear of having their Throats cut, or their Houses set on Fire: Not only single Houses, but whole Villages and trading Boroughs are kept in this slavish Dependence upon them, out of real Apprehension of Danger, without any Regard to Profit in dealing with them.

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1769: Two weavers, for the Spitalfield riots

4 comments December 6th, 2011 Headsman

On this date in 1769, two weavers hanged in East London in a bitter fight over wages and labor power.

Spitalfields, the East London district also known as the stomping-ground of legendary jailbreaker Jack Sheppard, was the capital of a thriving English silk-weaving industry. It had attained 18th century prosperity thanks in large measure to the decision of William and Mary to invite Lyons Huguenots being hard-pressed by the French crown to relocate their talents across the channel. This now-domestic industry* quickly began supplanting formerly dominant French imports.

In 1713 it was stated that silks, gold and silver stuffs and ribbon made here were as good as those from France, and that £300,000 worth of black silk for hoods and scarves was made annually. In 1721 the value of the silk manufactured in England amounted to £700,000 more than in 1688, when wrought silks were imported from France to the annual value of half a million sterling. (Source)

In this roaring and prestigious business, William Hogarth situated his 1747 Industry & Idleness plates: both the Industrious Prentice (eventually destined to become Lord Mayor of London) and the Idle Prentice (eventually executed at Tyburn) start off shoulder to shoulder at the Spitalfields looms.

But as the 18th century unfolded, even the most industrious Spitalfield weavers came under increasing competitive pressure especially from Chinese and Indian imports.

Although Parliament attempted to ban textile imports to preserve the domestic industries, Spitalfield workers were known to enforce their prerogatives directly by attacking people in the street thought to be wearing foreign prints. This simmering tension came to a rapid boil after settlement of the Seven Years’ War enabled England and France to resume trading — and a glut of French textiles to undermine weavers’ price controls.

Conflicts were no less fierce within the weavers’ community, between masters and laborers. Workers combined to maintain wages by attacking those thought to be undercutting prices.

In September 1769, one such action punished a wealthy anti-“combination” (for “combination”, read “labor union”) manufacturer named Lewis Chauvet, and cut the silk handkerchiefs right out of his looms.


From Season 3, Episode 2 of the BBC drama Garrow’s Law, which is directly based on this case. As of this writing, the entire episode can be found on YouTube.

Cutting silk from the loom was a rough method of enforcement by the labor combination. It had also been made a capital crime a few years before. And it turned out that Chauvet was ready to make his the test case.

Richly paying off a couple of independent artisan weavers for their questionable testimony, he secured the conviction of John Valloine or Valline (other alternate spellings are possible; the name clearly denotes the district’s Huguenot heritage) and John Doyle, two weavers allegedly part of the loom-smashing action. The accused denied it, Doyle reported to have fulminated at the gallows, “I am as innocent of the fact I am now to die for as the child unborn. Let my blood lie to that wicked man who has purchased it with gold, and them notorious wretches who swore it falsely away.”**

Manufacturers’ purposes were served just as well whether innocent or guilty. The point was labor discipline, not a few lost hankies.

Accordingly fixing “to strike Terror into the Rioters”, the crown ordered the execution to occur not at the Tyburn gallows, but right in the weavers’ backyard, adjacent Spitalfields at Bethnal Green.

This order actually delayed the sentence for the judiciary’s consideration of the minor point of whether this was allowed at all — since the actual boilerplate sentence read from the bench had specified “the usual place.” The wisest magistrates of the land considered the matter and in time agreed that “the time and place of execution was no part of the sentence” and therefore subject to His Majesty’s discretion. Bethnal Green it was.

They were therefore this morning taken in a cart from Newgate through the City to Whitechapel, and thence up the road to Bethnal Green, attended by the Sheriffs &c, with the gallows, made for the purpose, in another cart; it was fixed in the cross road, near the Salmon and Ball.


The Salmon and Ball pub, where the execution happened, today. (cc) image by Ewan Munro.

There was an inconceivable number of people assembled, and many bricks, tiles, stones &c thrown while the gallows was fixing, and a great apprehension of a general tumult, notwithstanding the persuasion and endeavours of several gentlemen to appease the same. The unhappy sufferers were therefore obliged to be turned off before the usual time allowed on such occasions, which was about 11 o’clock; when, after hanging about fifty minutes they were cut down and delivered to their friends. (cited here)

Vengeful weavers having their noses rubbed in their comrades’ executions smashed up Chauvet’s house in the riots on this date, and the powers that be decided that one hanging-day at Bethnal Green was plenty. A few other rioters convicted as confederates of Doyle and Valline were put to death at Tybun later in December 1769.

Years of violent labor conflict were finally quelled with the 1773 Spitalfield Weavers Act, a political compromise which protected the domestic industry from foreign competition and enabled magistrates to set wages.

Though this act stabilized a tense domestic situation, its effect over several decades was seriously problematic: a protected monopoly with wage-controlled workers maintained an increasingly obsolete system of labor-intensive manufacture that fell behind power looms coming online elsewhere.

As late as 1851 — mechanization wouldn’t fully take over until Britain’s trade liberalization of the 1860s — Charles Dickens visited Spitalfields, and saw a weaver

doing now, exactly what his grandfather did. Nothing would induce him to use a simple improvement (the ‘fly shuttle’) to prevent the contraction of the chest of which he complains. Nothing would turn him aside from his old ways. It is the old custom to work at home, in a crowded room, instead of in a factory.

Disallowed from taking lower wages even in bad times (or when cheaper cotton started displacing silk), many weavers sat completely unemployed instead — gradually sinking into a proletarianization they had fought to avoid. Spitalfield weavers eventually became one of the classic case studies in the laissez faire economics canon.

* Just to be clear, Huguenots weren’t the first silk weavers in Spitalfields; it’s just that their arrival let the industry take off.

** The hanged man’s comrades made good his gallows menace. Peter Linebaugh, whose The London Hanged is an outstanding resource on the economic pressures that brought these weavers and many others to the gallows, relates:

At noon upon a cold and snowy day, 16 April 1771, [Chauvet’s paid witness against the weavers] Daniel Clarke … went walking in Spitalfields. It had been sixteen months since the hangings of the cutters whom Clarke had sworn against, and he must have thought the people cowed or forgetful. He was recognized. ‘There goes Clarke, that blood-selling rascal,’ was the shout, and instantly a small crowd gathered to badger and pester him. He took to his heels and found temporary refuge in the house of Mary Snee. The currents of popular memory run deep; now they flooded to the surface. A hundred people beset the house hurling maledictions. ‘They would hang him, or burn him, or stone him,’ said Mary Snee. He was cornered, stripped and dragged by his feet into the street, where he was led by the neck on a parade of humiliation. The crowds grew. Widow Horsford [wife of one of the weavers hanged later in December 1769 at Tyburn] was seen to ‘jump out of the loom’ at the news Clarke was cursed and dragged to the brick-fields. Children pelted him with dirt. Bespattered with muck, he was thrown into a pond where he was ducked within a breath of drowning. He was removed to a sandheap, buried, dug up and returned to the freezing water. It was estimated that the crowd numbered 3,000. While he could speak, he taunted his tormentors, saying ‘he would take twenty of them’. Widow Horsford said, ‘Clarke, Clarke, I am left a widow, my children is fatherless on account of you.’ Clarke answered, ‘Chauvet is worse than me,’ and then he expired. A grim ending that would be remembered for generations.

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1824: Henry Fauntleroy, choked on debt

7 comments November 30th, 2008 Headsman

On this date in 1824, the last Englishman to hang for forgery, met his fate at Newgate prison.

Henry Fauntleroy making his defense. From this Harvard gallery (part of the university’s Crimes Virtual Collection) of the period’s hanging press, including a Fauntleroy broadsheet (huge image, with a generic-looking merchant type as the criminal).

In a celebrated affair of the time, Fauntleroy was found to have inherited from his father a partnership in the foundering London bank Marsh, Sibbald & Co.

Desperate to keep the concern alive by maintaining a front of normalcy, Fauntleroy serviced its obligations by forging powers of attorney authorizing him to sell stock that he was supposed to merely be holding for investors.

Ever the diligent clerk, Fauntleroy made a ledger of the fraudulent transactions, plainly footnoted:

In order to keep up the credit of our house, I have forged powers of attorney for the above sums and parties, and sold out to the amount here stated, and without the knowledge of my partners. I kept up the payments of the dividends, but made no entries of such payments in our books.

The more things change

Fauntleroy, of course, didn’t have the reach of the Smartest Guys in the Room; what he did by foul means the collapse of his firm might have (more or less) accomplished by what economists regard as fair.

The firm, said the defendant, was in quite a fix.

I was only twenty-two years of age, and the whole weight of an extensive but needy Banking establishment at once devolved upon me, and I found the concern deeply involved in advances to builders and others … and the necessity of making further advances to those persons to secure the sums in which they stood indebted.

Translation: If you owe the bank £100, you’ve got a problem; if you owe the bank £100,000,000, the bank has a problem.

It took a lot less than that to run Marsh, Sibbald & Co. into the ground.

In this perplexed state the house continued until 1810, when its embarrassments were greatly increased, owing to the bankruptcies of Brickwood and others, which brought upon it a sudden demand for no less a sum than 170,000 £ … About 1814, 1815, and 1816, from the speculations with builders and brickmakers, & others, in which the house was engaged, it was called upon to provide funds to near 100,000 £, to avert the losses which would otherwise have visited it from these speculations. In 1819, the most responsible of our partners died, and we were called upon to pay over the amount of his capital, although the resources of the house were wholly inadequate to meet so large a payment. During these numerous and trying difficulties the house was nearly without resources, and the whole burthen of management falling upon me, I was driven to a state of distraction, in which I could meet with no relief from my partners, and, almost broken-hearted, I sought resources where I could, and so long as they were provided, and the credit of the house supported, no inquiries were made, either as to the manner in which they were procured, or as to the sources from whence they were derived.

In almost Dickensian fashion, our malefactor reacted more violently to allegations that the embezzlement had been effected in pursuit of a debaucherous lifestyle than he did to the criminal charge itself; if his version of bourgeois rectitude and endemic financial criminality further to the crumbling facade of his enterprise rings true, the ascetic clerk’s mortal penalty on behalf of his crummy bank will be a timely reminder of the pleasures one ought to seek before life withdraws them (or at least — just ask Robert Rubin! — of the invaluable utility of the limited liability company).

Having thus exposed all the necessities of the house, I declare that all the monies temporarily raised by me, were applied, not in one instance for my own separate purposes or expenses, but in every case they were immediately placed to the credit of the house in Berners-street, and applied to the payment of the pressing demands upon it. This fact does not rest on my assertion, as the transactions referred to are entered in the books now in the possession of the assignees, and to which I have had no access since my apprehension. These books, I understand, are now in Court, and will confirm the truth of my statement; and to whatever account all the sums may be entered, whether to that of Stock, of Exchequer Bills, or to my private account, the whole went to the general funds of the Banking-house.

Parliament abolished the death penalty for forgery in 1832. According to Hanging in the Balance: A History of the Abolition of Capital Punishment in Britain, a factor in the legislation was jurors’ increasing unwillingness to convict those accused of the crime knowing that it could lead to hanging. (See much testimony to that effect from the period’s lawyers and bankers here.)

A rumor circulated after Fauntleroy’s death — having something to do with the fame of the criminal, and something to do with what was reportedly his corpse’s unnaturally undamaged condition after the execution — that he had contrived to survive the hanging by slipping a silver tube down his throat, then absconded to live abroad.

Though evidently baseless as a factual matter, the legend is paid tribute by Nathaniel Hawthorne’s The Blithedale Romance, with a mysterious banker named “Fauntleroy” whose backstory would have elicited a knowing wink from many a reader in his time … and ours.

After Fauntleroy had thus spent a few empty years, coruscating continually an unnatural light, the source of it — which was merely his gold — began to grow more shallow, and finally became exhausted. He saw himself in imminent peril of losing all that had heretofore distinguished him; and, conscious of no innate worth to fall back upon, he recoiled from this calamity with the instinct of a soul shrinking from annihilation. To avoid it, — wretched man! — or rather to defer it, if but for a month, a day, or only to procure himself the life of a few breaths more amid the false glitter which was now less his own than ever, — he made himself guilty of a crime. It was just the sort of crime, growing out of its artificial state, which society (unless it should change its entire constitution for this man’s unworthy sake) neither could nor ought to pardon. More safely might it pardon murder. Fauntleroy’s guilt was discovered. He fled …

The wreck of his estate was divided among his creditors: His name, in a very brief space, was forgotten by the multitude who had passed it so diligently from mouth to mouth. Seldom, indeed, was it recalled, even by his closest former intimates. Nor could it have been otherwise. The man had laid no real touch on any mortal’s heart. Being a mere image, an optical delusion, created by the sunshine of prosperity, it was his law to vanish into the shadow of the first intervening cloud. He seemed to leave no vacancy; a phenomenon which, like many others that attended his brief career, went far to prove the illusiveness of his existence.

On this day..

Entry Filed under: 19th Century,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Executions Survived,Hanged,Pelf,Public Executions,Ripped from the Headlines

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2007: Zheng Xiaoyu, former Director of the State Food and Drug Administration

10 comments July 10th, 2008 Headsman

One year ago today, China made to clean up its image — with public health advocates, if not with human rights advocates — by executing* its former Food and Drugs minister for economic crimes.

Zheng Xiaoyu, China’s drug regulation capo from 1994 to 2005 and only (“only”?) the fourth minister-level official to be put to death in China since the immediate aftermath of Mao Zedong’s reign, was sentenced for extracting bribes from pharmaceutical companies he nominally regulated in exchange for approving their worthless and/or unsafe products.

One bogus antibiotic he rubber-stamped killed ten in China before it was pulled from the market, but it was dangerous Chinese products exported abroad — including lethal pet food ingredients to the United States and a cough syrup that killed dozens in Panama — that lit a fire under the export-driven colossus. The court that rejected his appeal explicitly referenced Zheng’s danger to China’s international reputation — simultaneously shifting focus from structural weaknesses by individualizing them to Zheng’s personal failings.

Zheng Xiaoyu hears his death sentence.

On this same day it announced Zheng’s death, China anxiously unveiled plans to safeguard the food supply for its upcoming turn under the Olympic klieg lights. That acid test is now upon it: opening ceremonies are mere weeks away as of this writing.

It may have been a politically-driven execution and an unusually heavy sentence, but Zheng’s passing was exulted in China. Someone even tried to put his name on a rat poison — rejected for that most distinguished reason of modern capitalism, Zheng’s own intellectual property in his name.

For an interesting dive into the social and legal currents surrounding this case, check out this .pdf edition of Criminal Bar Quarterly.

* The method of execution was not announced, and to my knowledge has not been conclusively documented. Gunshot was the longtime standby for Chinese executions, but China has shifted heavily towards lethal injection in recent years; it’s generally assumed that Zheng suffered the latter fate.

On this day..

Entry Filed under: 21st Century,Capital Punishment,China,Crime,Death Penalty,Execution,Infamous,Lethal Injection,Notable Jurisprudence,Pelf,Politicians,Ripped from the Headlines,Scandal

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