1741: Not Sarah Hughson, “stubborn deportment”

Add comment July 29th, 2016 Headsman

Supreme Court: WEDNESDAY, 29th JULY.

PRESENT, The Chief Justice, The Second and Third Justices.

The KING, against Sarah Hughson, the Daughter.

THIS Criminal Convict being set to the Bar, the Court demanded of her, What she had to say, why Execution of her former Sentence should not be awarded against her? She thereupon produced and pleaded His Majesty’s most gracious Pardon; and the same being read, was allow’d of.

Daniel Horsmanden‘s The New York conspiracy: or A History of the Negro plot

On this date in 1741, Sarah Hughson finally bought her life.

Sarah was the daughter of John Hughson, the white supposed mastermind of the supposed slave plot to fire New York, and she had originally been condemned to death along with both her parents.

Her father and her mother (the mother’s name was also Sarah) hanged on June 12, but the girl, “this miserable Creature” in Horsmanden’s recollection, got a stay. “The Judges wished that she would have furnish’d them with some Colour or Pretence for recommending her as an Object of Mercy; but they waited for it hitherto in vain,” he complained. But still her short lease on life was extended by a week, “in Hopes, that after her Father and Mother had suffered, she might be molified to a Confession of her own Guilt, and raise some Merit by making a further Discovery; or at least, confirming what had hitherto been unfolded concerning this accursed Scheme.”

One week later, she was respited again: “a mere Act of Mercy; for she yet remained inflexible.” But mercy was not a predominant characteristic of Horsmanden’s court: it wanted Sarah Hughson’s evidence.

A single white accuser — the Hughsons’ servant Mary Burton — was the keystone to the entire succession of cases alleging a slave insurrection plotted at John Hughson’s tavern and (as prosecutions unfolded) elsewhere. It was Burton whose claims had hanged Sarah Hughson’s parents.

The court took evidence from slaves, a number of whom turned witness for the crown and bought their own lives by denouncing others. But the evidence of “pagan Negroes” was controversial in its own time, and for courts was officially second-class relative to what a white person said.

This was the racial privilege that Mary Burton wielded against luckless black men and women throughout the spring and summer of 1741.

But for Sarah Hughson, that privilege was worth her life. The court figured it could use the death sentence dangling over her to force her to join Mary Burton as a star white witness.

Curiously, Sarah took a belligerent attitude towards the court and the witness that had hanged her mother and father. We have only the faintest impression from Horsmanden’s journal of his battle of wills this young woman demanded, but she appears to have given her persecutors nothing for nearly a month and in so doing to have risked at least four hanging dates. The court in its “mercy” kept kicking the can down the road.

Was it grief or pride or bitterness that led the condemned orphan to risk following her mother and father to the scaffold? Was she calculating and cool enough to bargain with her life in the balance?

On July 5, Mary Burton’s accusations finally forced another white person, an Irish soldier named Kane, to turn crown’s evidence. This, perhaps, was finally it — for now Sarah Hughson’s currency was devalued, and Kane himself was accusing her an active participant in the plot. On July 8, Horsmanden records

THE Sentence of Sarah Hughson the Daughter, having been respited for upwards of three Weeks since the Execution of her Father and Mother, and she in that Time often importun’d to confess what she knew of the Conspi|racy, did always peremptorily deny she knew any Thing of the Matter, and made Use of many wicked Impreca|tions, in order to move Compassion in those that mov’d it to her, after the Manner of her Parents, whose constant Practice it was, whenever spoke to about the Plot: And this being the Day appointed for Sarah’s Execution, she was this Morning brought up to Mr. Pemberton, who came to pray by her, and after all his Admonitions, still denied her Guilt.

She had steel in her heart for sure. But July 8 was the day it finally cracked.

A condemned slave in the dungeon whose name was also Sarah reported that Sarah Hughson had blabbed the whole plot to her. The slave Sarah saved her own life with this revelation and finally forced Sarah into a terse and token confession of her own.

“This Confession was so scanty, and came from her after much Difficulty, with great Reluctance, that it gave little or no Satisfaction; and notwithstanding, (it was said, after she return’d to Jail) she retracted the little said, and denied she had any Knowledge of a Conspiracy,” Horsmanden wrote. “So that after all, the judges thought themselves under a Necessity, of Ordering her Execution, as the last Experiment, to bring her to a Disposition to unfold this Infernal Secret; at least, so much of it, as might be thought deserving a Recommendation of her, as an Object of Mercy.”

Throughout June, Sarah Hughson had survived hanging date after hanging date by refusing to confess. Now in July, she would navigate them by bartering her confession. “From her stubborn deportment, it must be owned, very small service was expected of her,” Horsmanden allowed. “For she discovered so irresolute untractable a temper, that it was to be expected she would recal again and again, as she had done already, what she seemed to deliver at times.”

Only a heartless observer could complain of Sarah’s shifting stories in these weeks, as she is repeatedly brought to the brink of death. Two days later, on the eve of her “last Experiment” hanging, Sarah confessed to Horsmanden; the next day, before the other judges of the court, she attempted to repudiate that confession until the judges “exhorted [her] to speak the Truth” whereupon she retracted the retraction. This bought her another week.

Finally, after two additional postponements, Sarah Hughson’s story and her part to play in this tragedy had been fixed: to accuse the man in the story’s last installment, a Catholic priest named John Ury.

Her evidence really ought to have been useless. In a footnote, Horsmanden concedes that “from the untoward behaviour of this wretch upon her examinations, the reader will be apt to conclude there could be little or no dependence on her veracity, or her evidence at best would deserve but very slender credit.” Ah, but the reader would be forgetting that Sarah was still white — and that her shifting narrative had now settled on the one favored by the court, “corroborated by many other witnesses to the same facts, and concurring circumstances attending them.”

Though he was no slave, John Ury was the man whose prosecution would finally conclude the slave-hunts. Bringing Sarah Hughson out of her long confinement into open court would help to cinch the case against him … while also relieving the city of its most frustrating prisoner without any appearance of wrongdoing. “If she could be affected with a Sense of Gratitude for saving her Life upon so small Merit, and kept to her History concerning John Ury then in Custody, and soon to be tried as an Accomplice in the Plot, and also as a Roman Catholick Priest, they thought she would be a very material Evidence against him; On these Considerations they thought fit this Day to recommend her to his Honour for a Pardon, as an Object of Mercy.” Win-win! (Except for Ury.)

And so on July 29, Sarah Hughson was finally pardoned at the bar of the court, first thing in the morning.

The second thing that morning was the amazing trial of John Ury, now with a new star witness.

But that is a story for a different post.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,Last Minute Reprieve,New York,Not Executed,Pardons and Clemencies,Power,Public Executions,Treason,USA,Women

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1741: John Hughson, Sarah Hughson and Peggy Kerry, “so abandoned to confederate with Slaves”

1 comment June 12th, 2016 Headsman

On this date in 1741, “John Hughson, Sarah his wife, and Margaret Kerry, were executed according to sentence” for the slave conspiracy to burn New York.

They were the first white people executed in the affair, and when their 16-year-old indentured servant Mary Burton first described a plot to fire the city hatched by thronging slave conclaves at the Hughsons’ tavern, the by the account of the court’s officer Daniel Horsmanden, it “was most astonishing to the Grand Jury … that any white People should become so abandoned to confederate with Slaves in such an execrable and detestable Purpose.”

Whether there ever really was an execrable and detestable Purpose or whether white New Yorkers convinced of the arson plot were just chasing ghosts, nobody can say with certainty. But the Hughsons most definitely did confederate with slaves. The keeper of a dockside tavern on the Hudson, Hughson catered to the colony’s lower strata: both blacks and poor whites frequented the place, and for the criminal element among them Hughson kept up a side business as a small-time fence of stolen goods.

Back in 1738, the Hughsons had moved to that location from the South Ward — driven, one infers, by complaints of a previous neighbor that they “kept a very disorderly House, and sold Liquor to, and entertained Negroes.” Three of those Negroes were the slaves Caesar, Prince and Cuffee, who in January of 1738 had been busted for breaking into another tavern in town and carrying away the gin … an incident that by 1741 their prosecutors were characterizing as the germ of a years-long plot to orchestrate the annihilation of New York.*

The keystone to the 1741 wave of prosecutions — the break in the case, from the standpoint of the court — occurred on April 22, when Burton provided the Grand Jury a damning description of her master and mistress as the kingpins of a murderous cabal. Burton swore

That Caesar, Prince, and Mr. Philipse’s Negro Man (Cuffee) used to meet frequently at her Master’s House, and that she has heard them (the Negroes) talk frequently of burning the Fort; and that they would go down to the Fly(d) and burn the whole Town: and that her Master and Mistress said, they would aid and assist them as much as they could.

That in their common Conversation they used to say, that when all this was done, Caesar should be Governor, and Hughson her Master should be King.

That Cuffee used to say, That a great many People had too much, and others too little; That his old Master had a great deal of Money, but that, in a short Time, he should have less, and that he (Cuffee) should have more.

That at the Meetings of the Three aforesaid Negroes, Caesar, Prince, and Cuffee, at her Master’s House, they used to say, in their Conversation, That when they set Fire to the Town, they would do it in the Night, and as the white People came to extinguish it, they would kill and destroy them.

Up until that point, the court had a suspicion of an arson campaign, based on a series of fires that looked like a pattern but might have been coincidental. Burton’s deposition gave that suspicion tangible shape, and structured all the proceedings to follow. And in her telling, it all started with Hughson, Hughson, and Kerry.

It was a story that fit what the judges would know or believe about them: besides the Hughsons’ underclass and criminal connections, the Hughsons’ Irish lodger Peggy Kerry was Caesar’s lover and the mother of his infant son. “She was a person of infamous character, a notorious prostitute, and also of the worst sort, a prostitute to negroes,” Horsmanden sneers in the introduction he wrote to his compendium of proceedings.

“Here is laid the foundation of the characters of Hughson and his family, which will afford frequent occasion of enlarging upon; and from such a hopeful earnest the reader may well expect a plentiful harvest.”

Peggy Kerry, that “Newfoundland Irish beauty,” now came under relentless pressure to corroborate Mary Burton. Prostitute to Negroes or no, she was badly needed to add credibility (and legal certainty) to Burton’s charge.

Jailed and facing the prospect of execution, she nevertheless stubbornly refused every blandishment to adhere to Mary Burton’s version of events — a version that would surely doom her friends the Hughsons and her lover Caesar.

She paid the last price or her obstinance. Arthur Price, the jailhouse snitch who eventually doomed Cuffee, entered the case by telling investigators that Peggy said to him all the stuff they wanted her to say to them.

[Price asked] What, Peggy; were you a going to set the Town on fire? And she made Answer, She was not; but said, by God, since I knew of it, they made me swear: Upon which the Deponent asked her, Was John and his Wife in it? (meaning John Hughson and his Wife) And she answered Yes, by God, they were both sworn as well as the rest. Then the Deponent asked her, if she was not afraid that the Negroes would discover her? And she said, No; for Prince, Cuff and Caesar, and Forck’s [Vaarck’s] Negro [Caesar] were all true-hearted Fellows.

And by the way, she added,

for your Life and Soul of you, you Son of a Bitch, don’t speak a Word of what I have told you.

Whether or not Peggy Kerry really did say all this incriminating stuff to her fellow dungeon denizen, Price’s report laid her in the magistrates’ trap. Now she was already the second witness, via Price — and without the benefit of leniency that she could have procured by talking herself. The pending conspiracy charge dangled over her head.

Finally, on May 7, she made a too-little, too-late grab at mercy by describing plotters meeting not at the Hughsons’, but at the house of a nearby cobbler, John Romme. Heartbreakingly, she put the father of her son into the scene: she had abandoned any hope of saving him.

This half-confession, as the magistrates saw it, only redounded against her for upon interrogation Elizabeth Romme denied everything (John Romme had left, or fled, town). Romme’s place was a dead end in the investigation but Kerry’s saying it confirmed that she was privy to something about the plot — something she might still be withholding. “From what had hitherto come to Light concerning this Mystery of Iniquity, it was scarce to be doubted, but Peggy had it in her Power to unfold a great deal more,” Horsmanden remarks in his entry for May 14. “Though what Peggy had already disclosed seemed to merit something; yet it was not altogether satisfactory; and ’twas thought proper she should be arraigned upon the Indictment for the Conspiracy, upon the Supposition that this Step might probably be a Means of bringing her to a Resolution of making a full Discovery of what she knew.”

For the next weeks, the court routed around the intransigence of its would-be star witness, and increasingly made her prospective evidence irrelevant. There was Arthur Price’s deposition, to begin with; to this crown’s evidence was added witnesses we have already met in the trials of the other other men: Sandy, Sarah, Fortune. There were the desperate “confessions” extorted from Quack and Cuffee at the stake.

John Hughson, who was being fitted for the halter, could see what was up. With his wife and now his daughter as well both in jail, Hughson asked on June 1 to see Daniel Horsmanden, “to open his Heart to them, and they should know more.” What deal was he hoping to cut? Could he extricate himself? Would he trade his own life to save his family?

We don’t know, because Horsmanden made it clear in their interview that not John Hughson nor Sarah Hughson nor Peggy Kerry had an ounce of leverage remaining.

[I] reproached him with his wicked Life and Practices, debauching and corrupting of Negroes, and encouraging them to steal and pilfer from their Masters and others; and for shewing his Children so wicked an Example, training them up in the High-Way to Hell: He further observed to him, that his Wife, and Peggy, then stood convicted of a Felony for receiving stolen Goods of Negroes; and that now nothing remained but to pass Sentence of Death upon them, and to appoint a Day for their Execution for that Fact; but that it was now determined, that he, his Wife and Daughter, and Peggy, should also be tried for being confederated in this most horrible Conspiracy; that the Evidence would appear so strong and clear against them in this Particular, that there was little doubt of their being all convicted upon that Head also; that it would appear undeniably that he was a Principal, and head Agent in this detestable Scheme of Villany; the chief Abettor, together with the rest of his Family, of this execrable and monstrous Contrivance for shedding the Blood of his Neighbours, and laying the whole City in Ashes, upon the Expectation of enriching himself by such an inhuman and execrable Undertaking: He therefore admonished him, if he would entertain the least Hopes of recommending himself to the Mercy of God Almighty, before whose Tribunal he must soon appear, that he would ingenuously tell the Truth, and lay open the whole Scene of this dark Tragedy, which had been brooding at his House; and discover the several Parties he knew to have been engaged in it; in doing which he would make some Attonement for his past Villanies, by preventing that Slaughter, Bloodshed and Devastation which he and his Confederates had intended.

Disabused of any hope, Hughson “put on a soft smiling Air of Innocence” and “declared, he knew Nothing at all of any Conspiracy; and called God to witness his Protestations, that he was as innocent with respect to that Charge as the Child unborn, and also his Wife, Daughter, and Peggy for aught he knew.” He would go to trial with those three on June 4.

That proceeding was a walkover, as Horsmanden had predicted. Mary Burton was the star witness against her former master and mistress, with Arthur Price’s account of Peggy Kerry’s confessions thrown in for good measure.

Following these came a litany of the Hughsons’ current and former white neighbors who damned the Hughson house as a regular haunt of the city’s black population — that “a Cabal of Negroes” was frequently entertained, that Peggy had been seen serving them and both the Hughson mother and daughter danced shamelessly with them, that “whole Companies of Negroes [were] playing at Dice there.”

The real evidence here still rested only upon Mary Burton’s allegation as supported by Arthur Price. But from the trial preceding the court had already fixed that story through the flesh of other men. That others who had hanged and burned already were known to congregate at the Hughsons’ did the necessary work to finish John Hughson, “whose Crimes have made him blacker than a Negro; the Scandal of his Complexion, and the Disgrace of human Nature!”

Such a Monster will this Hughson appear before you, that for sake of the Plunder he expected by setting in Flames the King’s House, and this whole City, and by the Effusion of the Blood of his Neighbours’ — He — Murderous and Remorseless He! — counselled and encouraged the Committing of all these most astonishing Deeds of Darkness, Cruelty, and Inhumanity. — Infamous Hughson! —

Gentlemen,

This is that Hughson! whose Name, and most detestable Conspiracies will no doubt be had in everlasting Remembrance, to his eternal Reproach; and stand recorded to latest Posterity, — This is the Man! — his, that Grand Incendiary! — That Arch Rebel against God, his King, and his Country! — That Devil Incarnate! and chief Agent of the old Abaddon of the infernal Pit, and Regions of Darkness.

These are the rhetorical fulminations of the prosecuting attorney, William Smith, who surely deserves a plaque in that profession’s hall of fame for bridging the distance from some NIMBYing neighbors to the logic and the rhetoric of a witch trial. Hell … just the fact that Hughson had the effrontery to show up and defend himself only went to show what a monster he was.

Was not this Hughson sunk below the Dignity of human Nature — Was he not abandoned to all Sense of Shame and Remorse! — To all Sense of Feeling the dreadful Calamities He has brought on this City, and his fellow Creatures; He would from a Consciousness of his own Guilt. — His monstrous Guilt! — be so confounded, as not able to look up, or stand without the greatest Confusion of Face, before this Court and Audience; but would openly confess his, and the Rest of his wretched Confederates Guilt, and humbly ask Pardon of God, the King, and his injured Country.

And so they died. Of course they died.

Sarah Hughson, the 17-year-old daughter, was spared her sentence. Over the next weeks her orphaned life would be a litany of execution dates imposed and then delayed, trading time for cooperation that Sarah was very reluctant to provide. In whatever combination her age, her sex, and her skin — for as a white person, her evidence had privilege over the allegations of “pagan Negroes” in trials yet to come — would eventually procure her pardon.

But on June 12, her parents and their misfortunate friend Peggy Kerry all went to the gallows. (Not to the pyre, the fate of the black slaves convicted for the conspiracy.) Horsmanden spares for these major trophies a longer narration of their Passion, though this turns out to consist in large measure of Horsmanden complaining one last time how Peggy Kerry didn’t spare any of her last moments to finally give him what he wanted.

The under-sheriff had often advised John Hughson, to make a cofession about the conspiracy, but he always denied he knew any thing of the matter; said he had deserved death for receiving stolen goods. The wife was ever sullen; said little or nothing, but denied all.

The sheriffs observed John Hughson, when he was brought out of jail to be carried to execution, to have a red spot on each cheek, about the bigness of a shilling, which at that time thought very remarkable, for he was always pale of visage: these spots continued all along to the gallows. Amongst other discourse it seems he had said, he did not doubt but some remarkable sign would happen to him, to show his innocence; concerning which more will be observed upon hereafter.** He stood up in the cart all the way, looking round about him as if expecting to be rescued, as was by many conjectured from the air he appeared in: one hand was lifted up as high as his pinion would admit of, and a finger pointing, as if intending to beckon.

At the gallows his wife stood like a lifeless trunk, with the rope about her neck, tied up to the tree; she said not a word, and had scarce any visible motion.

Peggy seemed much less resigned than the other two, or rather unwilling to encounter death; she was going to say something, but the old woman who hung next to her, gave her a shove with her hand, as was said by some, so Peggy was silent.

But they all died, having protested their innocence to the last, touching the conspiracy.

This old woman, as it has been generally reported, was bred a Papist; and Peggy was much suspected of the same persuasion, though perhaps it may seem to be of little significance what religion such vile wretches professed.

From the scanty room in the jail for the reception of so many prisoners, this miserable wretch, upon her conviction with the Hughsons for the conspiracy, was put in the same cell with them; which perhaps was an unfortunate incident; for though she had to the time of their trial screened them from the charge of the conspiracy; yet there was reason to expect, that upon the last pinch, when she found there was no hopes of saving her own life if she persisted, the truth as to this particular would have come out; and indeed it was upon this expectation, that she was brought upon trial for the conspiracy; for her several examinations before set forth, and what Arthur Price had sworn to have dropt from her in accidental talk in jail, had put it beyond doubt, that she was privy to many of the Hughsons’ secrets concerning this detestable confederacy; but when she was admitted to the Hughsons, under the circumstances of conviction and condemnation for the conspiracy, they most probably prevailed with her to persevere in her obstinacy, to the end to cover their own guilt, since they were determined to confess nothing themselves; and they might drive her to desperation by subtle insinuations, that the judges she saw after they had picked all they could but of her, whatever expectations she might have raised from her confessions, or hopes she flattered herself with of saving her life upon the merit of them; yet after all, she was brought to trial and condemned for the conspiracy, as well as they; and why should she expect pardon any more than they: and by such like artifices it is probable they might stop her mouth, and prevent her making further discovery; and not only so, but then of course prevail with her to recant, as to what she had confessed already.

John Hughson endured the posthumous indignity of being gibbeted in chains, on an island† alongside the already-rotting corpse of his former boon companion Caesar — who had hanged fully a month before.

As an unseasonably hot summer emerged in the weeks ahead, Horsmanden would later report how “Hughson’s Body drip’d and distill’d very much, as it needs must, from the great Fermentation and Abundance of Matter within him,” bloating to “Gigantick” proportions until at last “Hughson’s Corps unable to contain its Load, burst and discharged Pails full of Blood and Corruption” to the disgust of some nearby fishermen “to whom the Stench of it was very offensive.” The progress of this revolting fermentation was one reason guessed by “amused” New Yorkers for a queer phenomenon, that as they dangled in their manacles,

Hughson was turned Negro, and Vaarck’s Caesar a White; and when they came to put up York in Chains by Hughson (who was hung upon the Gibbet three Weeks before [and not yet exploded from his fermentation -ed.]) so much of him as was visible, viz. Face, Neck, Hands and Feet, were of a deep shining Black, rather blacker than the Negro placed by him, who was one of the darkest Hue of his Kind; and the Hair of Hughson’s Beard and Neck (his Head could not be seen, for he had a Cap on) was curling like the Wool of a Negro’s Beard and Head; and the Features of his Face were of the Symmetry of a Negro Beauty; the Nose broad and flat, the Nostrils open and extended, the Mouth wide, Lips full and thick, his Body, (which when living, was tall by the View upwards of six Feet, but very meagre) swell’d to a Gigantick Size; and as to Caesar (who, tho’ executed for a Robbery, was also one of the Head Negro Conspirators, had been hung up in Chains a Month before Hughson, and was also of the darkest Complexion) his Face was at the same Time somewhat bleach’d or turned whitish; insomuch that it occasion’d a Remark, That Hughson and he had changed Colours.

* In New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, Jill Lepore — who believes that the “plot” was fictitious — unpacks a confusing part of the 1737-1738 backstory that might help us straddle the space between reality and fantasy in this strange case.

Lepore suggests that the city’s controversial Freemasons club, which was then prominent enough for active parody in the city’s press, led John Hughson to form a mock secret society at his cronies’ saturnalias whose joke “initiations” had downtrodden friends and even casual acquaintances boozily (but jestingly) vow to torch the city. During the (actual or perceived) arson wave of 1741, New York’s court would read a far more sinister intent to this sort of talk, and there are consequent references in the trial records to a “three-year conspiracy.”

** Much later in his narrative, Horsmanden gets around to an indeterminate speculation that the red spots on John Hughson’s cheeks might have been the product of his attempting to cheat the executioner with an insufficient poison. Evidently this was a rumor abroad in New York, though Horsmanden doubted the truth of it.

† The gibbet stood “near the powder-house,” which places it on a small island — long since gobbled up by the metropolis — within the marshes of Collect Pond. That’s around the present-day park named for Thomas Paine, which is just south of what’s now Collect Pond Park and at the time stood outside of the city’s main settlement.

Once an essential source of fresh water for Manhattanites, Collect Pond soon became overtaxed by the growing population and polluted by its use as a common sewer, devolving into a foetid slough. This public health hazard was destined for a grand future in New York’s crime annals, for once it was filled in the streets above it became New York’s legendary underworld nest, the Five Points. They were also the original site of The Tombs prison, which had structural problems from its outset due to land subsiding into the buried quagmire.


The Powder House, marked on a 1766 map of New York. (See large original version here.)

Part of Corpses Strewn: New York’s Slave Conspiracy of 1741.

On this day..

Entry Filed under: 18th Century,Arson,Businessmen,Capital Punishment,Common Criminals,Death Penalty,Disfavored Minorities,England,Execution,Gibbeted,Hanged,History,New York,Occupation and Colonialism,Power,Public Executions,Racial and Ethnic Minorities,Terrorists,Treason,USA,Women,Wrongful Executions

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