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.

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

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1450: William de la Pole, Duke of Suffolk

1 comment May 2nd, 2009 Headsman

Henry VI, Part 2 — Act IV, Scene 1

The Coast of Kent.

[Alarum. Fight at sea. Ordnance goes off. Enter a Captain, a Master, a Master's Mate, WALTER WHITMORE, and others; with them SUFFOLK, and others, prisoners.]

SUFFOLK.
Obscure and lowly swain, King Henry’s blood,
The honourable blood of Lancaster,1
Must not be shed by such a jaded groom.
Hast thou not kiss’d thy hand and held my stirrup?
Bare-headed plodded by my foot-cloth mule
And thought thee happy when I shook my head?
How often hast thou waited at my cup,
Fed from my trencher, kneel’d down at the board,
When I have feasted with Queen Margaret?2
Remember it and let it make thee crest-fallen,
Ay, and allay thus thy abortive pride,
How in our voiding lobby hast thou stood
And duly waited for my coming forth.
This hand of mine hath writ in thy behalf,
And therefore shall it charm thy riotous tongue.

WHITMORE.
Speak, captain, shall I stab the forlorn swain?

CAPTAIN.
First let my words stab him, as he hath me.

SUFFOLK.
Base slave, thy words are blunt and so art thou.

CAPTAIN.
Convey him hence, and on our long-boat’s side
Strike off his head.

SUFFOLK.
Thou dar’st not, for thy own.

CAPTAIN.
Yes, Pole!

SUFFOLK.
Pole!

CAPTAIN.
Pool! Sir Pool! lord!
Ay, kennel, puddle, sink, whose filth and dirt
Troubles the silver spring where England drinks.
Now will I dam up this thy yawning mouth
For swallowing the treasure of the realm;3
Thy lips that kiss’d the queen shall sweep the ground;
And thou that smil’dst at good Duke Humphrey’s death4
Against the senseless winds shalt grin in vain,
Who in contempt shall hiss at thee again.
And wedded be thou to the hags of hell,
For daring to affy a mighty lord
Unto the daughter of a worthless king,
Having neither subject, wealth, nor diadem.
By devilish policy art thou grown great
And, like ambitious Sylla, overgorg’d
With gobbets of thy mother’s bleeding heart.
By thee Anjou and Maine were sold to France,
The false revolting Normans thorough thee
Disdain to call us lord, and Picardy
Hath slain their governors, surpris’d our forts,
And sent the ragged soldiers wounded home.5
The princely Warwick, and the Nevils all,
Whose dreadful swords were never drawn in vain,
As hating thee are rising up in arms;
And now the house of York, thrust from the crown
By shameful murther of a guiltless king6
And lofty proud encroaching tyranny,
Burns with revenging fire, whose hopeful colours
Advance our half-fac’d sun, striving to shine,
Under the which is writ ‘Invitis nubibus.’
The commons here in Kent are up in arms;7
And, to conclude, reproach and beggary
Is crept into the palace of our king,
And all by thee.–Away! convey him hence.

SUFFOLK.
O that I were a god, to shoot forth thunder
Upon these paltry, servile, abject drudges!
Small things make base men proud; this villain here,
Being captain of a pinnace, threatens more
Than Bargulus the strong Illyrian pirate.8
Drones suck not eagles’ blood but rob bee-hives.
It is impossible that I should die
By such a lowly vassal as thyself.
Thy words move rage and not remorse in me.
I go of message from the queen to France;
I charge thee waft me safely cross the Channel.9

CAPTAIN.
Walter,–

WHITMORE.
Come, Suffolk, I must waft thee to thy death.

SUFFOLK.
Gelidus timor occupat artus; it is thee I fear.

WHITMORE.
Thou shalt have cause to fear before I leave thee.
What, are ye daunted now? now will ye stoop?

1 GENTLEMAN.
My gracious lord, entreat him, speak him fair.

SUFFOLK.
Suffolk’s imperial tongue is stern and rough,
Us’d to command, untaught to plead for favour.
Far be it we should honour such as these
With humble suit; no, rather let my head
Stoop to the block than these knees bow to any
Save to the God of heaven and to my king,
And sooner dance upon a bloody pole
Than stand uncover’d to the vulgar groom.
True nobility is exempt from fear;
More can I bear than you dare execute.

CAPTAIN.
Hale him away, and let him talk no more.

SUFFOLK.
Come, soldiers, show what cruelty ye can,
That this my death may never be forgot!
Great men oft die by vile bezonians:
A Roman sworder and banditto slave
Murther’d sweet Tully; Brutus’ bastard hand
Stabb’d Julius Caesar; savage islanders
Pompey the Great; and Suffolk dies by pirates.10

1 Shakespeare brackets Suffolk clearly into the political faction that would become the winning contestant in the War of the Roses and give rise to the Tudor dynasty that ruled England at the time of the play’s writing. Suffolk’s key ally, Somerset, was slain in 1455 at the first battle of the generation-long conflict.

2 Margaret of Anjou was wed to the feebleminded King Henry VI by William de la Pole’s offices. Shakespeare portrays Suffolk and Margaret as maybe a little too close. When Suffolk’s head is posthumously retrieved for her, she laments,

… who can cease to weep and look on this?
Here may his head lie on my throbbing breast;
But where’s the body that I should embrace?

3 William de la Pole had a serious popularity problem, on several scores (as we shall see). Endemic corruption that had dissipated the wealth of the crown during Henry VI’s reign was among the most explosive, and laid at his door because of his proximity to power (and because Suffolk had not failed to exploit the revenue opportunities afforded by his position).

4 Another grievance: Humphrey, Duke of Gloucester, the popular uncle to the king and onetime Lord Protector, had been arrested for treason at the Suffolk-Beaufort faction’s instigation in 1447. He died shortly thereafter, which naturally gave rise to suspicions of assassination.

5 Perhaps most damaging of all for Suffolk, England’s foothold in northern France from which it had maintained itself during the Hundred Years’ War preceding, had suddenly collapsed in the 1440’s. Maine was handed directly over to Charles VII — the price, critics charged, of the king’s marriage to Anjou. Then an ill-advised offensive had invited a French counterattack that rousted the English from Normandy and brought furious domestic recriminations for the debacle.

Incidentally, as a younger man, this day’s victim had been one of the commanders besieging Orleans when Joan of Arc famously relieved the city. He was captured by the Maid shortly thereafter, and eventually ransomed.

6 Again, a clear identification of the the factions taking shape for the Wars of the Roses. Richard, Duke of York, the standard-bearer of (obviously) the Yorkist cause in the coming conflict, had been Suffolk’s main rival at court, and is a key suspect in engineering Suffolk’s death. The guiltless king referred to is Richard II, overthrown a half-century before by Henry Bolingbroke which gave rise to the competing claims of legitimacy that would color the York-Lancaster contest.

7 Weeks after Suffolk’s death, Jack Cade’s rebellion erupted in Kent, an infamous affair whose dubious connection to York was great fodder for Tudor propaganda like, well, Henry VI, Part 2. Be that as it may, the Bard placed one of his immortal lines in the mouth of one of Cade’s peasants:

The first thing we do, let’s kill all the lawyers.

8 This reference may be an anachronism. Pirates operating from Illyria — the uskoci (or uskoks) — plagued the Adriatic Sea in Shakespeare’s time.

9 As a royal minister, Suffolk was essentially immune from Parliament as long as the king backed him … unless he could be hit with a treason charge. Given his unpopularity, a great many mostly outlandish charges of treason were duly conjured early in 1450, and Suffolk had not the political support to repel them. Henry VI, still Suffolk’s supporter, exiled the noble to protect him from possible execution. He was intercepted as he left England for France, however, and what the House of Commons had wanted done by a bill of attainder was simply handled extrajudicially upon the seas instead.

10 The duke was beheaded (“within half a dozen strokes” of “a rusty sword”) upon one of the pirate vessel’s small boats.

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Entry Filed under: 15th Century, Arts and Literature, At Sea, Beheaded, Borderline "Executions", England, Execution, France, History, No Formal Charge, Nobility, Politicians, Power, Soldiers, Summary Executions, The Worm Turns, Wartime Executions

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