1723: Thomas Athoe the Elder, and Thomas Athoe the Younger

Add comment July 5th, 2017 Headsman

On this date in 1723, the 58-year-old former mayor of the Pembrokeshire town of Tenby was hanged along with his quarrelsome 23-year-old son.

This classic from the Select Trials annals finds Thomas Athoes Elder and Younger out at market-day when the young hothead picked a fight with, and got his ass kicked by, George Merchant. Merchant was Athoe the Younger’s own cousin, for his mother was Athoe the Elder’s sister; not only this, but in explaining their conduct to the chaplain endeavoring to save their souls, the Athoes would allege that Merchant had also swiped young Athoe’s girl.

The Athoes bided their time for the rest of that day, November 23 of 1722, and “advised by some Pettifogger, to bring an Action against the Deceased .. .answered, No, no, we won’t take the Law, but we’ll pay them in their own Coin.” And so when night fell, they followed Merchant and his brother Thomas (that’s the third Thomas on the pitch here, for those keeping count) to Holloway’s Water, the estuary of the river Ritec that in the 18th century swelled so high when the tide came in that the river became navigable four miles inland. The road that traversed it could only be crossed at low tide.

So it was in this muddy coastal defile, on a nigh-moonless night,* that father and son rounded on brother and brother as the latter watered their mounts.

The evidence in the case was given by Thomas Merchant, who survived the attack so narrowly that “at the Time of the Trial, tho’ it was four Months afterwards, he was in so weak a Condition that he could not stand, and therefore the Court permitted him to give his Evidence sitting.” Squeamish readers might wish to do likewise before proceeding to the rending of flesh he developed for the court.

The Prisoners coming up with great Sticks, I owe thee a Pass, and now thou shalt have it, said young Athoe to the Deceased, and knock’d him off his Horse. Thomas Merchant was serv’d in the like Manner by old Athoe, who, at the same Time cry’d out, Kill the Dogs! Kill the Dogs!

The Brothers begg’d ‘em for God’s Sake to spare their Lives; but the Prisoners had no Regard to their Cries. Old Athoe fell upon Thomas Merchant, beating him in a terrible Manner, and taking fast hold of his Privities, pulled and squeezed him to such a violent Degree, that, had he continued so doing a few Minutes longer, it had been impossible for the poor Man to have survived it. The Pain he suffered, is past Expression, and yet it fell short of what his Brother endured.

Young Athoe, when he had tired himself with beating him, seized him by the Privy Members, and his Yard being extended, he broke the Muscles of it, and tore out one of his Testicles; and calling to his Father, said, Now I have done George Merchant’s Business! This horrible Action occasioned a vast Effusion of Blood: But young Athoe’s Revenge was not yet glutted, — for catching hold of the Deceased’s Nose with his Teeth, he bit it quite off, and afterwards tied a Handkerchief so tight about his Neck, that the Flesh almost covered it.

The last Words the Deceased was heard to say were, Don’t bite my Nose off. He lived a few Hours in the most grievous Agony imaginable, and then expired.

Although the younger Athoe briefly took refuge in Ireland, father and son were remanded to London for trial, convicted with ease, and doomed to hang at St. Thomas’s Watering on Old Kent Road in Surrey.

When they came to the fatal Tree, they behaved themselves in a very decent Manner, embracing each other in the most tender and affectionate Manner; and indeed the Son’s hiding his Face, bedewed with Tears, in his Father’s Bosom, was, notwithstanding the barbarous Action they had committed, a very moving Spectacle.

* November 23 maps as a full moon … but recall that England at this time was still on the Julian calendar, so the local date corresponds instead to December 4, at nearly the opposite end of the lunar cycle.

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1741: Henry Smith, cad

Add comment March 28th, 2017 Headsman

On this date in 1741 ended at Dorchester “a young Man of great Hope, who was of a proper Stature, and of a handsome Personage, of a gentle and winning Disposition, chearful in his Temper, of a noble Nature, a kind and benevolent Mind; he had a pleasant Wit, speaking very gracefully and pertinently that made him pleasant to all Company; of an Industry in Business not to be tired; and what is remarkable, tho’ he spent his Youth among Seafaring People, yet he seldom drank any Thing else but Water of Small Beer, he abhorr’d Drunkenness in others, and could not endure any light or prophane Words, with whatever Sharpness of Wit it was cover’d; in his Engagements in Trade he was regular; in his Promises punctual; to his Servants he was kind; to his Wife very loving, and so courteous and affable to all Men, that he had many Friends, and few Enemies; he preserved a Reputation in his Neighbourhood, and was esteem’d and beloved through the Circle of his Acquaintance.”

Seems like a pretty great guy, except for the part where, concealing his marriage, he debauched and impregnated a serving-girl with the unrealizable promise of wedlock — a promise poor Jane Mew was disabused of by accidentally meeting his wife.

What occurred next is only to be inferred, for the very respectable Smith (or Smythee, as the pamphlet attached to this post has it) denied the circumstantial case against him to the last. Smith directed his lover to a lying-in place to give birth in secret but Jane Mew turned up in a field with her throat slashed en route. Perhaps Smith would have stood a better chance of convincing people that she had fallen as prey to some random highway robber or a desperate suicide had he not taken flight upon the discovery of her incriminating corpse.

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1755: Henri Mongeot, Lescombat assassin

Add comment January 7th, 2017 Headsman

On this date in 1755, Henri Mongeot was broken on the wheel for assassinating the husband of his adulterous lover, Marie.

Louis Alexandre Lescombat was a Paris architect; the betrayal of his flighty wife Marie Catherine Taperet was all the talk of Paris after her lover Mongeot slew the husband whilst out on a walk in December of 1754 — then summoned the watch to present a bogus self-defense claim.

This tactic has been known to work when the killer enjoys sufficient impunity; perhaps a respectable bourgeois like Lescombat could have done it to Mongeot — but when the horny 23-year-old busts up the family home with one blade and then the other, it’s La Mort de Lescombat, a tragedy.

For the widow, one good betrayal would deserve another: Mongeot faithfully avoided implicating her in the murder but when he discovered on the very eve of his death that she was already making time with a new fellow, he summoned the judge and revenged himself by exposing her incitement to the crime. His evidence would doom her to follow him many months later, after the sentence was suspended long enough for the widow Lescombat to deliver a son.

Joining Mongeot on the scaffold this date was a 15-year-old heir to the family executioner business apparently conducting just his second such sentence — Charles-Henri Sanson, the famed bourreau destined in time to cut off the head of the king and queen. Mongeot makes a passing appearance in the 19th century Memoirs of the Sansons; in it, Charles-Henri’s grandson remarks from the family notes that “Mdme. Lescombat … was confronted with him [i.e., her doomed lover] at the foot of the scaffold. She was remarkably handsome, and she tried the effect of her charms on her judges, but without avail.”

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326: Crispus and Fausta, incestuous lovers?

Add comment July 23rd, 2016 Headsman

On an uncertain date perhaps around late July of 321,* the Roman emperor Constantine the Great had his son and also his wife mysteriously put to death.

It’s mysterious because besides execution, Constantine had a damnatio memoriae passed over his former family to bury any record of their sins in Time’s obscurity. These edicts didn’t always work … but in this case, if there were any who dared to record what happened, that illicit account did not survive its journey from antiquity.

But it was surely a shocking scandal in its time.

Crispus was Constantine’s first-born son and very much in the father’s favor. He was the child of a wife or concubine named Minervina. In 307, Constantine put this woman aside to make a more politically expedient marriage to Fausta, the daughter of Diocletian‘s retired-now-unretired co-emperor Maximian who with his son Maxentius held sway in Italy at that moment of the Roman Tetrarchy‘s ongoing collapse.**

Although Crispus didn’t offer his dad much in this situation by way of family alliances, Constantine kept him in his favor — by all appearances grooming him as an heir. Call it paying it forward: as a young man, Constantine himself had been in a similar position when his father Constantius dumped Constantine’s peasant mother in favor of an imperial marriage. That moment might have strangled a world-historic career before it even began, but Constantius instead chose to keep Constantine on the paternal cursus honorum.

So it went with Crispus — for a while.

In 317, Constantine, now emperor in the western part of the empire,† made Crispus into his Caesar; the boy ruled in Gaul and Germania for several years, thrashing barbarian tribes as he ought. Dad, meanwhile, was maneuvering towards victory over his eastern opposite number Licinius, with Crispus contributing an important naval victory in 324.

The young man (in his twenties at this time; his precise year of birth is uncertain) seemed on his way to a scintillating future.


Bronze coin from the mint of Rome depicting Crispus.

Things went pear-shaped suddenly in 326 when his father had him executed without any kind of warning that survives in the scant records available to us — and not only Crispus, but also Constantine’s own wife, that Fausta whose marriage might have threatened the boy’s status.

We don’t know why but the rumor as trafficked by the much later Byzantine historian Zosimus suggests a possible Parisina and Ugo scenario: “He put to death his son Crispus, styled Caesar, on suspicion of debauching his mother-in-law Fausta, without any regard to the ties of nature … [and] causing a bath to be heated to an extraordinary degree, he shut up Fausta in it, and a short time after took her out dead.”

It is down to conjecture what one ought to make of this nth-hand scandal-mongering; for impugning someone’s character one can hardly do better than an incest accusation. The story does appear to fit the few available facts, however, and Fausta was much closer in age to Crispus than to Constantine. It might also be noteworthy that three of Fausta’s sons went on to become Emperor and one daughter Empress but none of them ever rehabilitated mom.

Damned memory be damned, Crispus was rediscovered during the Renaissance and favored with several dramatic renditions embellishing the young man as a tragic hero, often with speculation that he was wrongly condemned to Constantine’s everlasting shame.‡ The events surrounding Crispus’s death being almost entirely obscured, writers could really go nuts with it; for example, Sir Walter Scott‘s Count Robert of Paris (set in Constantinople during the Crusades) features the story of an entirely fictitious penance built into subsequent Byzantine execution rituals by a remorseful Constantine:

But the death-blow had no sooner struck the innocent youth, than his father obtained proof of the rashness with which he had acted. He had at this period been engaged in constructing the subterranean parts of the Blacquernal palace, which his remorse appointed to contain a record of his paternal grief and contrition. At the upper part of the staircase, called the Pit of Acheron, he caused to be constructed a large chamber, still called the Hall of Judgment, for the purpose of execution. A passage through an archway in the upper wall leads from the hall to the place of misery, where the axe, or other engine, is disposed for the execution of state prisoners of consequence. Over this archway was placed a species of marble altar, surmounted by an image of the unfortunate Crispus — the materials were gold, and it bore the memorable inscription, TO MY SON, WHOM I RASHLY CONDEMNED, AND TOO HASTILY EXECUTED. When constructing this passage, Constantine made a vow, that he himself and his posterity, being reigning Emperors, would stand beside the statue of Crispus, at the time when any individual of their family should be led to execution, and before they suffered him to pass from the Hall of Judgment to the Chamber of Death, that they should themselves be personally convinced of the truth of the charge under which he suffered.

* Approximate times around the spring and summer of 326 have been proposed by various authors based on the very vague allusions of ancient sources. This author argues that numismatic evidence permits a more precise triangulation. Constantine in 326 journeyed from his new capital in the east to Rome: an imperial mint traveled with him, striking coins as it went — and some of those coins show Crispus. His presence on coins from various stops of this journey indicates that Crispus must have been alive as the procession reached Rome on July 21, 326, but the Caesar vanishes from them, and from history, immediately thereafter.

** The History of Rome Podcast narrates this period, with Constantine’s rise into political relevance in episode 130.

† The Tetrarchy was still tetrarching along pending Constantine’s victory over all: the system featured separate senior emperors East and West each dignified Augustus, and each Augustus had a junior fellow-emperor and heir titled Caesar. Constantine was Augustus of the West, and Crispus was a Caesar.

‡ Fausta tends to get somewhat shorter shrift than her putative lover. Crispus’s presence in the literary culture would appear to make him the namesake of the Boston American Revolution martyr Crispus Attucks. African-descended men in North America often carried Roman names, though “Crispus” was by no means a common one.

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1834: Catherine Snow, the last hanged in Newfoundland

Add comment July 21st, 2016 Headsman

The last woman executed on Newfoundland hanged on this date in 1834.

Historical novel about Catherine Snow.

Born Catherine Mandeville, Catherine was seven children into an audibly-to-the-neighbors combative marriage with John Snow when Snow disappeared in 1833, leaving behind only a splatter of blood on his Salmon Cove fishing stage.

Though the corpse was never found, the inference seemed clear enough — and the suspects were obvious: Catherine Snow, her cousin and lover Tobias Manderville, and a household servant named Arthur Spring. But whether the crown ever converted reasonable suspicion into proof sufficient to justly hang Catherine Snow was controversial then and remains so today.

Now, if all three did go in together on a murder plot, it was one which signally neglected adequate planning for the police investigation that was sure to follow.

Manderville and Spring were arrested on suspicion of murder, and they were not long in jail befoe Spring summoned the sheriff to announce that “we killed him; Manderville and myself, and Mrs. Snow” — shooting him dead and sinking him into the Atlantic with a grapnel. So, no code of silence here. Soon, Manderville and Spring were each accusing the other of being the guy who pulled the trigger when they went out to murder John Snow together. However the matter of the trigger finger might weigh in their afterlives, it was juridically irrelevant to their fate in Newfoundland.

Catherine Snow was supposed to have initiated this conspiracy and certainly her violent marriage would have given her ample motivation to do so — perhaps a far stronger motivation than the men had. The inference strengthened by Snow’s changing her story to police, and then by her fleeing her home when she heard about Spring’s jailhouse revelation.

But she could never really be shown to have been present at the murder nor proven to have clearly conspired in it, and to the discomfiture of all she insisted on maintaining her innocence all along. “There is no direct or positive evidence of her guilt,” attorney general James Simms admitted to the jury. (Source) “But I have a chain of circumstantial evidence to show her guilt.” The jury convicted her.

Manderville and Spring hanged in the provincial capital of St. John’s mere days after the trial in January of 1834.

Snow had a substantial reprieve: she was pregnant.

For six months Newfoundland was abuzz with the case while Catherine Snow came to term, bore her putative victim a posthumous son named Richard, and nursed him in his infancy. Was she really guilty? And guilty or no, could they bear to leave her months to bring new life into the world only to orphan it?

Catherine Snow did not offer the sizable crowd of onlookers any peace of mind when she mounted the scaffold on Duckworth Street on July 21, 1834. “I was a wretched woman, but I am as innocent of any participation in the crime of murder as an unborn child.”

CNN reporter Mary Snow is a descendant of Catherine Snow.

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1882: Sandy Mathews, in Memphis

Add comment June 2nd, 2016 Headsman

From the June 3, 1882 Chicago Tribune:

Six Thousand People Present at the Execution of Sandy Mathews.

MEMPHIS, Tenn., June 2 — Sandy Mathews, colored, who murdered Essick Polk, colored, twele miles north of this city last October, was hanged in the county-jail yard this afternoon at 1 o’clock. The execution was witnessed by fully 6,000 people, a majority of whom were colored. The condemned man made a speech from the gallows, in which he confessed the killing, and implored his hearers to repent of their sins and go with him to Heaven. His neck was broken by the fall.

THE GALLOWS

had been erected in the southern portion of the jail-yard and was built high enough to give a full view to the ccrowd that jammed the streets running parallel with the jail. Matthews [sic] slept well last night, and partook of a hearty breakfast this morning. He bade farewell to his wife about 11 o’clock, and began making preparations for the hanging. A few weeks ago he embraced Catholicism, and was attended in his cell by the Rev. Father Lucius, of St. Mary’s Catholic Church. He called for his dinner at noon, and ate heartily, and afterwards smoked a cigar. At half-past 12 o’clock he was brought from his cell and conveyed to the scaffold, where he addressed the crowd for twenty minutes in

A DISCONNECTED SPEECH,

confessing to having killed Polk, and at the same time imploring his hearers to repent of their sins ere too late, and be forgiven, as he had done. He then knelt and repeated the Lord’s Prayer, after which the Rev. Father Lucius said the prayers for the dying. The condemned man was handcuffed, and his arms, and legs, and ankles strapped. The black cap was adjusted, and, as he uttered the words

“FAREWELL FRIENDS, FAREWELL WORLD,”

the drop was sprung, and his body shot down. His neck was broken by the fall, and ther was but very slight convulsions of the body. During the speech many of the colored people responded to his implorations by shouting, “Bless the Lord, Amen.” Sandy Mathews killed Essick Polk for having enticed his wife from him. He struck him three blows with an ax. Several hours afterwards he took the dead remains and buried them in a field near his house. The hole not being large enough, he chopped the dead body in pieces, and thus buried them. The crime was kept concealed for five months, but revealed by a stepdaughter of Mathews, who was the only witness to the killing, and upon whose testimony he was convicted. Gov. Hawkins was appealed to, but declined to interfere with the sentence of the lower court, which was afterwards confirmed by the Supreme Court.

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1815: William Sawyer, guns and roses

Add comment May 15th, 2016 Headsman

William Sawyer hanged on this date in 1815* at London’s Newgate Gaol for a murder he committed while in Portugal.

Dispatched to Iberia during the 1814 mopping-up stages of the Peninsular War, Sawyer preferred to make time with a young Englishwoman named Harriet Gaskett who was supposed to be there as the mistress of Sawyer’s friend and fellow-officer. (Both of the men in question had wives back in Blighty.)

When this third wheel discovered their liaison,** Sawyer and Gaskett fell into that death-seeking tragic mooning that lovers do and after dinner one night in April they wandered off to the garden. Other guests soon heard three pistol shots crack the evening air. The reports proved to correlate with a dead Harriet, and a severely (but not mortally) wounded William.

After he was cleaned up — and after he once more failed to kill himself by slashing his own throat — his friends solicited a forthright confession.

Having laid violent hands upon myself, in consequence of the death of Harriet, I think it but justice to mankind and the world, being of sound mind, solemnly to attest that her death was occasioned by her having taken part of a phial of laudanum and my discharging a pistol at her head, provided for the occasion. I took the residue of the laudanum myself, and discharged two pistols at my head. They failing in their effect, I then retired to the house and endeavoured to put an end to my life, leaving myself the unfortunate object you now behold me.

William Sawyer

Besides doing the tragic lover thing, Sawyer was obviously intent on doing the officer-and-a-gentleman thing. His friends did very well believe the convenient-sounding version of events that he presented, such was his rectitude and lovesickness.

But under any construction of motive and circumstance, this narrative of “discharging a pistol at her head” amounted to confession to a hanging crime and Sawyer was convicted with ease.

Sympathetic to a fault, the Lord Chief Justice Ellenborough who personally tried the case reserved judgment as to the penalty pending a review by a panel of the king’s judges of several technical legal points. These were all defeated as entirely as was Sawyer’s wife’s attempt to see him in prison.

Despite his avoiding such an awkward interview Sawyer went to the gallows “very dejected,” in the words of the Newgate Calendar.

During the ceremony a profound silence prevailed throughout the populace. He died under evident symptoms of paroxysm, and a quantity of blood gushed from his mouth, from the cut in his throat. At nine o’clock the body was taken to Bartholomew’s Hospital in a cart, attended by the under-sheriff and officers. He was dressed in a suit of black, and [it] was not ironed.

* The Newgate Calendar, whose command of detail is often unreliable, mistakenly gives May 22 as the execution date — a week later than the true event.

** Intent on layering on the melodrama, Sawyer’s story was that the friend had actually given the two lovebirds leave to go live together. Great! Except Gaskell was convinced the permission was insincere and that he meant on killing himself once they did so and “although she had promised not to live with me, she had not promised not to die with me.” Anything for love.

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1867: Modiste Villebrun, but not Sophie Boisclair

Add comment May 3rd, 2016 Meaghan

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

On this date in 1867, Modiste Villebrun was hanged in Sorel, Quebec, in what would be the last execution before Canada became its own country. His partner in crime, Sophie Boisclair, might very well have been executed alongside him had she not been pregnant.

Villebrun, a lumberjack from St. Zephirin, was having an affair with Boisclair and they wanted to get married. They had two slight problems to deal with, in the form of their respective spouses. In those times, divorce was unthinkable. Murder, apparently, was not.

Jeffrey E. Pfeifer details their crimes in his book Death By Rope: An Anthology of Canadian Executions:

The first victim was Villebrun’s wife, and their plan seemed to work well. No one suspected foul play when the previously healthy woman died, or at least no one could prove anything. Braced by their success, the lovers soon turned their attention to Boisclair’s husband, Francois-Xavier Jutras. Boisclair suggested to her husband that they should allow Villebrun to move in with them since the death of his wife had left him all alone. Jutras agreed to his wife’s request and almost immediately Boisclair began to lace his food with her “special” ingredient. It was not long before the strychnine took effect and Jutras was dead.

Unfortunately for the two lovers, a suspicious doctor demanded an autopsy, which revealed the dead man’s body was saturated with poison. Villebrun and Boisclair soon found themselves arrested.

They were tried separately and both were convicted in short order and sentenced to death. When asked, at sentencing, whether she had anything to say, Boisclair announced she was expecting a baby. She got a temporary reprieve until delivery, and got the opportunity to watch Villebrun’s execution from the window in her cell.

Ten thousand people attended his hanging.

Seven months later, Boisclair gave birth to his child, and her sentence was commuted to life imprisonment.

“Boisclair ended up serving 20 years in the penitentiary,” records Pfeifer, “before being released, a broken woman.”

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1836: Maria del Rosario Villa and Gervasio Alipas lynched in Alta California

Add comment April 7th, 2016 Headsman

California on April 7, 1836 saw the first known installment of what would become a rich tradition of history of vigilance committee lynchings in the state — over an affair of the heart.

This was Alta California under Mexican rulership, a decade before the Yankees gobbled it up in the Mexican-American War.

Maria del Rosario Villa had abandoned her husband Domingo Felix (or Feliz) back in 1834 to take up with a vaquero named Gervasio Alipas (or Alipaz). The honor-stricken husband spent two years fruitlessly trying to reconcile until in 1836 at his behest the alcalde successfully pressured Maria into returning to her husband.

But on the couple’s return trip to their ranch, the lover Alipas intercepted them and did the husband Felix to death. Narciso Botello’s* annals describe that Alipas “took hold of his [Felix’s] horse and threw himself on Felix, grabbed him by his neckerchief, and pulled him off, dragging him along downhill and twisting the neckerchief, strangling him” — then pitched the choking victim into a gully where he finished him off with a machete. “Later it was proven by the tracks that the wife had been present.” (Source) She helped him dump the body near San Gabriel Mission, too.

Outraged both by the dastardly murder and by the wanton violation of matrimony that precipitated it, a gang of 55 organized themselves as a Junta of the Defenders of the Public Safety, led by Victor Prudon, a recent arrival to the area from the Hijar-Padres colony.** As no militia could be mustered inclined to oppose its will, on April 7 the junta forced open the jail where Alipas was interred, stood him up behind a church, and shot him to death. Villa — being held in an apartment at a private residence — was likewise forced out and marched to a nearby stable where she got the same treatment.

The vigilantes deposited the bodies back at the jail with the communique,

Junta of the Defendres of the Public Safety —

To the First constitutional Alcalde:

The dead bodies of Gervacio Alispaz and Maria del Rosario Villa are at your disposal. We also forward you the jail keys that you may deliver them to whomsoever is on guard. In case you are inned of men to serve as guards we are at your disposal.

God and Liberty. Angeles, April 7, 1836.

Victor Prudon, President
Manuel Arzaga, Secretary

And that was the end of the Defenders of the Public Safety, who disbanded a few days later, never to reconstitute. Indeed, while vigilance committees became regular features on the Californian landscape in later years, this is the sole such incident ever known to have occurred there under Spanish or Mexican rule.

* A Mexican who would serve two terms in the state assembly of California after it became a U.S. state in 1850.

** Mexico at this point was still in its first generation of independence; its hold on sparsely-populated California was not strong — and the missions set down there to convert natives to Christianity and project a Spanish presence had Russian competition.

The Hijar-Padres colony (Padres was the name of the colony’s organizer, Hijar its financier) was a nucleus of 200-odd souls dispatched to settle in California by one of the liberal intra-Santa Anna governments. The leaders soon became embroiled in a complex political rivalry with California’s governor and the colony itself failed to take root, its emissaries settling and taking work wherever they could. Many set down roots in California’s “Southlands” where Los Angeles, then just a small town but still the regional capital, would one day splay out its sunlit superhighways. While colonists were involved in the vigilance committee proceedings, no member of the love triangle was a colonist. (See C. Alan Hutchinson, “An Official List of the Members of the Híjar-Padrés Colony for Mexican California, 1834,” Pacific Historical Review, Aug. 1973.)

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1765: Patrick Ogilvie, but not Katharine Nairn

Add comment November 13th, 2015 Headsman

“So great a concourse of people has perhaps not been seen”* at Edinburgh’s Grassmarket as assembled on this date in 1765 for the execution of Lieutenant Patrick Ogilvie.

It was, naturally, scandal that brought them out of the woodwork. Lt. Ogilvie’s older brother Thomas in January of that same 1765 had married a young woman named Katharine Nairn. She had barely half of Thomas’s 40 years.

Katharine soon took a shine to the more age-appropriate sibling, just back from his dashing adventures in the East Indies. Within weeks of the marriage, the two people closest to Thomas were making a fool of him in his very own home. Their eventual indictment charged Katharine and Patrick with “yielding to your inordinate desires … in the months of January, February, March, April, May, and June … at different times, and in one or other of the rooms of the house of Eastmiln, and in the out-houses adjacent thereto,” not to mention (we’re guessing during the warmer spring weather) “in the fields.”

Thomas himself seems to have been wise to the cuckoldry rather early on, but either from weakness or inclination made only token attempts to abate it. Great was the astonishment of the neighbors that Patrick wasn’t banned from the house or Katharine disallowed his company.

At length, Thomas died of poison. The suspicions were only natural.

In fact, maybe they were a little bit too natural.

It has been suspected that the true author of Thomas’s destruction and the lovers’ too was not their own unnatural passion but the greed of yet another party in the nest of family vipers living under the eldest brother’s roof: Anne Clark.

The lover of the youngest Ogilvie brother, Alexander, Anne was known as a woman of easy virtue, but she had regardless her sexual continence a potentially compelling motive to be rid of Thomas, or rid of Patrick, or both: as both Thomas and Patrick were childless, the family scandal figured to pour all the family’s estates into the puckish hands of her own man. Patrick and Katharine tried vainly to impugn her at trial as a malicious witness

So when Anne supplied a story that the lovers had openly quarreled with Thomas and even vowed in her presence to murder him — and when Anne plied the court with lurid accounts of creeping up the stairs to listen in on Patrick and Katharine romping in his alcove bed — do we hear the voice of a master villain? That reputed prostitute gave bodice-popping evidence at very great length against her incestuous would-be family —

Mrs. Ogilvie was frequently in a room by herself with the Lieutenant … upon Sunday the nineteenth day of May last, all the family went to church, excepting the two pannels and the deponent [Clarke] … the two pannels left the deponent in the low room, and went up stairs together to the east room above stairs … [and Clarke] in order to discover what was passing, went up the stair, and as the bed in the Lieutenant’s room was an alcove ed, the back of which came to the side of the stair, and there was nothing betwixt the bed and the stair, but a piece of plaster and the timber of the bed, so that a person standing in the stair could hear distinctly what passed in the bed, she stood and listened; and from the motions that she heard, is positive that they were in bed together, and abusing their bodies together, by which she means, they were lying carnally together.

You can read the whole of Anne Clark’s testimony among 130-odd pages of details from the proceedings here.

Ogilvie would hold to his innocence through multiple royal reprieves and all the way to the gallows. When the rope slipped on the first hanging attempt, he was not so daunted by the proximity of the eternal that he feared to repeat the claim: “I adhere to my former confession [profession of innocence], and die an innocent man.”

He also died alone.

His former paramour and possible confederate Katharine had delayed her hanging by pleading her belly — truthfully so, for it seemed that her many springtime frolics had in fact quickened her womb.

She delivered early in 1766 and was bound for execution a few weeks later. But Katharine’s wit supplied what crown sentiment would not and she slipped out of prison in the wardrobe of an old family servant one evening.** She had such a considerable head start before her absence was noted the next day that she reached London, hired a boat to the Netherlands, was blown back to Old Blighty by a gale, and hired another boat for Calais before anyone could catch up to her. She alit on French soil, and vanished into the safety of historical obscurity.

“Such were the different fates of two people, who, as far as we can judge of the affair, appear to have been involved in the same crime,” remarks the Newgate Calendar in an expansive vein. “The one dies, avowing his perfect innocence; the other escapes the immediate stroke of justice, which was suspended over her by the most slender thread.

“Mysterious are the ways of Providence, and, in the language of Scripture, ‘past finding out;’ but it is for mortals humbly to submit to all its dispensations.”

* London Gazetteer and New Daily Advertiser, Nov. 19, 1765.

** Hanoverian gaols had a major security hole where cross-dressing escapees were concerned.

On this day..

Entry Filed under: 18th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Escapes,Execution,Hanged,History,Murder,Not Executed,Public Executions,Scandal,Sex

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