Author Archives: Headsman

1729: James Cluff, on appeal

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From the Newgate Calendar:

This unhappy young man was born in Clare-market, and lived as a waiter at several public-houses, in all of which he maintained an extraordinary character for diligence, obligingness, and integrity.

Mr. Payne, master of the Green Lattice, in Holborn, hired Cluff [or Clough -ed.] as a servant, and during his residence there, he fell in love with Mary Green, his fellow-servant; but she being courted by another man, constantly rejected his addresses, which frequently agitated his mind in the most violent degree.

Green’s other lover coming to see her, sat in the same box with her, and was received by her in an affectionate manner; but this did not seem to be much regarded by Cluff, who was then engaged in attending the customers: but when the lover was gone, Mr. Payne, perceiving that something had discomposed Cluff’s mind, asked him the reason of it; but could not prevail on him to tell the cause.

While Mr. Payne and his wife were at dinner in the parlour, and the girl was eating her dinner in one of the boxes, Mrs. Payne heard a noise, as if two persons were struggling, and going into the tap-room, Cluff said, “Come hither, madam.” On this she advanced, and saw the prisoner holding the deceased by the shoulders, who was sitting on the floor, and speechless, while the blood streamed from her in large quantities.

Mrs. Payne called out, “What have you been doing, James?” He said, “Nothing.” He was asked if he had seen her hurt herself? He said, No; but that he had seen her bring a knife from the cellar where she had been to draw some beer for her dinner. Mr. Payne now entered the tap-room, and then went into then cellar to discover if there was any blood there; but finding none, he accused Cluff on suspicion of having committed the murder; and instantly sent for a surgeon. When the surgeon arrived, he found that a knife had been stabbed into the upper part of the thigh, and entered the body of the girl, in such a manner that she could not survive the stroke more than a minute. [i.e., it gashed her femoral artery -ed.]

A bloody knife was found in the room, and Cluff was committed to Newgate for the murder. On his trial, the surgeon deposed that the knife fitted the wound that had been made, and that he believed the woman had not killed herself: but the jury acquitted the prisoner, from what they deemed insufficiency of evidence.

A discharge of the accused party would now have followed of course; but William Green, the brother and heir of the deceased, immediately lodged an appeal in consequence of which Cluff was brought to trial at the next sessions but one, when his case was argued with the utmost ingenuity by the counsel for and against him, but this second jury found him guilty, and he was sentenced to die.

Holy double jeopardy! Though rarely used, it was indeed formerly an option for a victim or a victim’s heir to lodge a private appeal against the purported malefactor, even one who had already been acquitted — indeed, even against one who had been convicted and then pardoned.

The distinction between a “public” and a “private” prosecution was usually more theoretical than real, since — at least until Sir John Fielding began organizing professional police in the late 18th century — even normal Crown trials often depended mostly on the exertions of the victim or friends to bring a man to book with sufficient evidence to punish him.* But in a close case, like Cluff’s, the rarely-used private appeal option could occasionally offer what amounted to a second bite at the apple.** (See Whores and Highwaymen: Crime and Justice in the Eighteenth-century Metropolis)

Perhaps tracing to the ancient weregild system of atoning crimes via direct redress by offenders to their victims, private prosecutions were completely immune from interference by a sovereign pardon. (However, they could be dropped any time the prosecuting party wished — which also made them leverage for extracting cash settlements.)

Back to the Newgate Calendar:

“I earnestly press’d upon him to glorify God by a plain Confession of his Crime, and urg’d to him the most material Circumstances, in Consideration whereof scarce any Body doubts but he committed the Fact. He could not pretend that his Master, or Mistress, who gave him the Character of a good Servant, had any Prejudice, or Ill-will to him, upon which Account they might be easy, whether he lived or died. He neither reflected on them, nor none of the Witnesses, as if they had any View in Prosecuting him, but that Justice might be executed. I urg’d him with the Surgeon’s Opinion, that it was improbable, if not impossible, for the Maid to give herself such a Wound; that she had no Knife in the Cellar; that in the first Trial, three Persons had sworn that he was Rude and Barbarous to the Deceased upon many Occasions, and upon that Account she made grievous Complaints to her Mother, and others … he continued Peremptory in his Denial. At first, indeed, he seem’d to be in Confusion, at the many pressing Instances which were made to extort a Confession from him; but recollecting himself, he denied that he gave the mortal Wound, and said, that he knew nothing at all how she came by her Death … Many of his Friends and Acquaintances came daily to visit him, while he was under Sentence, and I wish they did not divert him too much from his Duty, and that some of them did not under-hand, buoy him up with false Hopes. He hop’d to be sav’d only by the Mercy of God, through the Merits of Jesus Christ, and that he forgave all the World any Injuries done him, as he expected Forgiveness from Almighty God.”

–James Guthrie, the Ordinary of Newgate

After conviction, his behaviour was the most devout and resigned that could be imagined; he exercised himself in every act of devotion, but solemnly declared his perfect innocence with respect to the murder. He was visited by his friends, who earnestly entreated him to make a sincere confession; especially as in his case it was not in the power of the king himself to grant him a pardon. In answer hereto, he freely confessed all his other crimes; but, saying he would not rush into eternity with a lie in his month, again steadily denied the perpetration of the crime of which he had been convicted. The clergyman who attended him urged him to the confession of his guilt, and even refused to administer the sacrament to him on the morning of his execution, on any other terms than those of acknowledging his crime, but nothing could shake his resolution; he still steadily persisted in his innocence.

On his way to the place of execution, he desired to stop at the door of his late master, which being granted, he called for a pint of wine, and having drank a glass of it, he addressed Mr. Payne in the following terms:

“Sir, you are not insensible that I am going to suffer an ignominious death, for a crime of which I declare I am not guilty, as I am to appear before my great Judge in a few moments to answer for all my past sins. I hope you and my good mistress will pray for my poor soul. God bless you, and all your family.”

At the place of execution he behaved in the most composed, devout, and resigned manner; and seemed to possess in the consciousness of innocence. There was a great concourse of spectators to witness his fatal end; to whom he spoke in the following manner: “Good people, I am going to die for a fact I never committed, I wish all mankind well; and as I have prayed for my prosecutors, I hope my sins will be forgiven through the merits of my ever blessed redeemer. I beg you to pray for my departing soul; and as to the fact now die for, I wish I was as free from, all other sins.”

He was hanged at Tyburn on the, 25th of July, 1729, exhibiting no signs of fear to his last moment.

The case of this man is very extraordinary. The evidence against him was at best but circumstantial; and this not supported with such strong corroborative proofs as have occasioned conviction in many other instances. No person was witness to his commission of the murder; nor was there any absolute proof that he did commit it; and from the steady perseverance with which he denied it, under the most awful circumstances, and at the very concluding scene of his life, charity would. tempt one to believe that he was innocent. Ought not this case to afford a lesson of caution to juries how they convict on circumstantial evidence? Is it not better that the guilty should escape, than the innocent be punished? All the decrees of mortals are liable to error; but the time will come when all mists shall be cleared from our sight; and we shall witness to the wisdom of those laws of Providence, which are now inscrutable to mortal eyes. Then shall we see that what appeared inexplicable to us was divinely right; and learn to admire that wisdom which, at present, so much exceeds our finite comprehension. In the mean time, we ought to adore that goodness we cannot comprehend, and rest satisfied with those dispensations, which are eternally and immutably just.

After Cluff’s hanging, his friends published a paper delivered them by the dead man “wherein [Cluff] makes a solemn Declaration that he was innocent of the Murder, and that several material Circumstances given in Evidence against him (which he particularly mentions) were untrue.” (London Journal, Aug. 2, 1729)

* Most notoriously, Jonathan Wild profiteered wildly from this system of privatized law enforcement by extracting a cut both from thieves whom he could threaten to shop for a reward, and from victims whose effects he could recover for a percentage.

** Though such proceedings would normally be handled, as Cluff’s was, by a jury trial, it was for private prosecutions that trial by combat still remained a possibility; one wonders if the accused servant considered taking his chances in the lists. This archaic legal artifact would not be abolished for ninety more years yet — after an 1818 case, Ashford v. Thornton, in which the burly accused in a private appeal successfully sued for the right to fight his wispy accuser in arms rather than in court. The magistrate gave an embarrassed ruling in the brawler’s favor (“however obnoxious I am myself to the trial by battle, it is the mode of trial which we, in our judicial character, are bound to award. We are delivering the law as it is, and not as we wish it to be”), leading the appellant to wisely back out of the case … and leading Parliament to ban private appeals and trial by combat in 1819.

When such an abolition was mooted as a means of soothing the American colonies in the early 1770s, however, conservative Lords decried the innovation as tending to “a system of ministerial despotism” that would remove a failsafe for crime victims — although Edmund Burke did allow that the ugly remnant of judicial combat “was superstitious and barbarous to the last degree.”

Have there been attempts even in 21st century Anglosphere courts to assert the right to trial by combat? Reader, there have.

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1722: Marie-Jeanne Roger, “la Grande-Jeanneton”

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On this date in 1722, Cartouche’s redoubtable lover “Big Jenny” was executed on Paris’s Place de Greve.

As befits a thief intrepid enough to grace the execution playing cards, the great French outlaw Cartouche boasted a veritable harem of mistresses whose offices were no less valuable for their contributions to Cartouche’s criminal enterprises: “‘La Catin,’ ‘La Bel-Air,’ ‘La Galette,’ ‘La Petite Poulailliere,’ ‘La Mion,’ ‘La Belle-Laitiere,’ ‘Margot-Monsieur,’ ‘La Religieuse,’ ‘La Bonne,’ ‘La Blanche,’ “Tape-dru,’ &c. &c. But far beyond them all stands out, in rich relief, the name of that most celebrated, most accomplished, most devoted of all the (titular) wives of Cartouche — Big Jenny!” (Source)

Under the guise of an innocent fruit-pedlar, Marie-Jeanne Roger, alias La Grande-Jeanneton “flitt[ed] about from place to place, spying, plotting, drinking, fighting, robbing, and being robbed — the terror and admiration (according to the spectator’s point of view) of every one that approached her.” And she and the robber prince had by accounts that might admittedly be colored by sentimental projection a passionate romance. (Parlement’s published condemnation traduces her as a “debauched woman, concubine” of a number of disreputable characters. Our doomed principal tartly replied that Paris would halve her vices if only greedy innkeepers were not so eager to play procurer.)

La Grande-Jeanneton‘s well-known dalliance with Cartouche made her a prime target after authorities started rolling up that brigand’s gang, and they were mean enough to deny her request to go to the scaffold with her man.

Her sex did not spare her the horrible torture of the Brodequin; posterity has not seen fit to blame her overmuch for succumbing to the leg-crusher to the extent of yielding 52 names, especially since she at least salvaged the opportunity to embarrass many distinguished merchants.

Depuis un an logeait, vers le Palais-Royal,
Une fille de bien qui se gouvernait mal.
Cartouche fréquentait cette tendre poulette;
Salope, s’il en fut, d’ailleurs assez bien faite.
Oeil fripon, petit nez retroussé, teint fleuri,
Friande d’un amant, bien plus que d’un mari,
Fourbe au dernier degré, mutine jusqu’à battre,
Son coeur fut captivé par ce jeune tendron,
Que chacun appelait ta Grande Jeanneton.

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1908: Grete Beier, who wanted the fairy tale

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Marie Margarethe (Grete) Beier, the daughter of the late Mayor of Brand-Erbisdorf, was beheaded on the fallbeil on this date in 1908 for murdering her fiance. While her crime was banal, the consequent spectacle lit up newswires all the globe ’round.


Despite the marquee half of this contradictory headline in the Adelaide, Australia Advertiser (Aug. 26, 1908), the execution occurred behind prison walls. About two hundred tickets were distributed to members of the public (all men), but thousands of applicants (which included many women) were denied them. These “ticket holders rushed in pell mell in their eagerness to get the best places. Men fell and fought wildly.”

Secretly carrying on with a lover named Johannes Merker, Beier (German Wikipedia link) was forced by her parents — a working-class couple made good — into pledging her troth to a respectable engineer named Heinrich Pressler.

With “the face of an angel and the heart of a fiend”* the charming Beier contrived a plan to truly have it all: on May 13, 1907, she visited her would-be husband and spiked his drink with potassium cyanide — then to be sure of her project, had him close his eyes and open his mouth on her flirty promise of a sweet surprise. Then she shoved his own revolver between his lips and fired, abandoning at the scene of her crime a forged will to her benefit, a forged suicide note lamenting a purported affair with a vengeful Italian woman, and forged love letters corroborating the latter, fictional, relationship.

She was some weeks on towards her way to getting away with it — the coroner did indeed take Herr Pressler for a suicide — before suspicions as to the dead man’s testament led police to set a watch on her and unravel the web. Grete Beier confessed, in an unsuccessful gambit to secure mercy.

She reportedly died bravely, albeit slightly appalled by the size of the audience that had been admitted to gawk at her disgraceful finale.


Detail view (click for the full image) of the courthouse yard at Freiburg being readied for Grete Beier’s beheading. Image via the invaluable Bois de Justice.

* Her feminine fiendishness was greatly exacerbated to contemporaries by stories that she had also aborted three bastard children.

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1799: Elizabeth Lavender, teenage Fairlight infanticide

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London Chronicle, Feb. 2-5, 1799

On Sunday se’nnight the body of a new-born male infant, with its throat cut, was discovered, concealed in a small tub, among some cordwood, in a cellar at Fairlight in the county of Sussex. The fact appearing to have been recently committed, and suspicion falling on a young woman, resident in an adjoining apartment, named Lavender, she was taken into custody and a surgeon sent for, who declared she had been very lately in travail; and the Coroner’s Jury having on view of the body, returned a verdict of wilful murder against the said Lavender, she was committed to Horsham gaol. The wretched girl hath scarcely attained her eighteenth year.

London Oracle and Daily Advertiser, July 19, 1799

LEWES. — At our Assizes, which commence here on Friday morning next, before Lord Chief Justice Buller,* we have the satisfaction to say, there are but seven prisoners for trial, viz.

Elizabeth Lavender, aged 19 years, charged with the wilful murder of her male bastard child at Fairlight.

James Medhurst, alias Miles, aged 24 years, for feloniously stealing one barrow hog, the property of Thomas Davis.

Daniel Noyell, aged 20 years; John Gardiner, 21 years; and John Twiney, 22 years, for divers felonies in the town of Brighton.

William Jackson, aged 23 years, for feloniously entering the dwelling-house of Henry Karn, of Tillington, in June last, and stealing therein to the amount of twelve shillings in money, a silver watch, some wearing apparel, and other articles, the property of the said Henry Karns.

William Hodson, otherwise Powell, aged 28 years, charged with having stolen on Westbourn Common, a black gelding, the property of William Churcher; also with having stolen and rode away from a lane, in the parish of New Fishbourn, a grey poney gelding, the property of John Hardham.

Should the business at nisi prius prove as light as that on the Crown side, we shall have a very short Assize.

London Sun, July 25, 1799

LEWES, July 22

…

At the Assizes for this County, which ended here on Saturday morning last, seven prisoners were tried, five of whom were capitally convicted, and received sentence of death, viz.

Elizabeth Lavender, for the wilful murder of her male bastard child, at Fairlight. — John Gardiner and John Twiney, for felonies in the town of Brighton. — William Jackson, for a felony in the dwelling house of Henry Karn, at Tillington. — And William Hodson, otherwise Powell, for horse-stealing.

The four men were reprieved before the Judges left the town; but the unhappy woman was left for execution, and is this day to suffer at Horsham, after which her body is to be dissected and anatomized.

True Briton, Aug. 2, 1799

LEWES, July 29

…

Last Monday Elizabeth Lavender was executed at Horsham, pursuant to her sentence at our late Assizes, for the murder of her male bastard child. Her behaviour at the gallows was such as became one in her unhappy situation. She trembled and wept much, but nevertheless seemed to listen to the Clergyman who attended her, and having expressed a hope that all other females would take warning by her untimely fate, she was turned off about half past twelve, and expired without any apparent agony.

* Buller is most (in)famous now for allegedly issuing the judicial standard permitting a man to beat his wife with a rod, provided it was no thicker than his thumb. It’s quite dubious whether he ever did so rule, and indeed whether any such rule has ever existed; nevertheless, Buller was lampooned in his own day as “Judge Thumb”.

More historically verifiable is his role on the judicial panel upholding the right of the slaveship Zong to throw all its cargo into the sea.

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1797: David McLane, an American traitor in Quebec

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On only one occasion has the sentence of hanging, drawing and quartering been executed on the soil of the (eventual) United States.

But on this date in 1797, that terrible death was visited on American citizen David McLane in Quebec for attempting to topple British authority in that Canadian province.

David McLane, a Rhode Island merchant, was arrested in the suburbs of Quebec City in May of 1797 and accused of conniving with French diplomats to recover their former colony by dint of an invasion of raftborne pikemen across the St. Lawrence to support a planned French landing. This tome claims it to be Quebec’s first treason trial under British rule; the Attorney General prosecuting it thought it the first in the North American colonies since Nicholas Bayard‘s in 1701. (Cobbett’s State Trials has the entire trial transcript.)

The Quebecois spectators crowded the courts in dread of hearing the ancient English punishment pronounced. They were not disappointed.

Writing many decades later about an execution he had witnessed as a 10-year-old boy, Philippe Aubert de Gaspe recollected its grisly particulars — and the surprising (to the audience) fact that McLane was hanged to death before the emasculating-and-disembowelling portions of the sentence were visited on him.*

The government having little confidence in the loyalty which the French Canadians had proved during the war of 1775, wished to strike terror into the people, by the preparations for the execution. From the early morning was heard the noise of the pieces of aitillery that were being dragged to the place of execution outside St. John’s gate; and strong detachments of armed soldiers paraded the streets. It was a parody on the execution of the unfortunate Louis 16th and all to no purpose.

I saw McLane conducted to the place of execution, he was seated with his back to the horse on a wood-sleigh whose runners grated on the bare ground and stones. An axe and a block were on the front part of the conveyance. He looked at the spectators in a calm, confident manner, but without the least effrontery. He Was a tall and remarkably handsome man. I heard some women of the lower class exclaim, whilst deploring his sad fate:

Ah if it were only as in old times, that handsome man would not have to die! There would be plenty of girls who would be ready to marry him in order to save his life!

And even several days after the execution, I heard the same thing repeated.

This belief then universal among the lower class must, I suppose, have arisen from the fact that many French prisoners, condemned to the stake by the savages, had owed their lives to the Indian women who had then married them.

The sentence of McLane, however, was not executed in all its barbarity. I saw all with my own eyes, a big student named Boudrault, lifted me up from time to time in his arms, so that I might lose nothing of the horrible butchery. And Dr. Duvert was near us, he drew out his watch as soon as Ward, the hangman, threw down the ladder upon which McLane was stretched on his back, with the cord round his neck made fast to the beam of the gallows; thrown sideways by this abrupt movement the body struck the northern post of the gallows, and then remained stationary, with the exception of some slight oscillations.

“He is quite dead,” said. Dr. Duvert, when the hangman cut down the body at the end of about twenty-five minutes; “he is quite dead, and will not feel the indignities yet to be inflicted on him.” Every one was under the impression that the sentence would be executed in all its rigor, and that the disembowelled victim, still alive, would see his own entrails burnt but no; the poor unhappy man was really dead when Ward cut him open, took out his bowels and his heart which he burnt in a chafing dish, and cut off his head which he showed all bloody to the people.

The spectators who were nearest to the scaffold say that the hangman refused to proceed further with the execution after the hanging, alleging “that he was a hangman, but not a butcher,” and it was only after a good supply of guineas, that the sheriff succeeded in making him execute all the sentence, and that after each act of the fearful drama, his demands became more and more exorbitant. Certain it is that after that time Mr. Ward became quite a grand personage; never walking in the streets except with silk stockings, a three-cornered hat and a sword at his side. Two watches, one in his breeches pocket, and the other hanging from his neck by a silver chain, completed his toilet.

I cannot refrain, in parting from this doer of worthy deeds, from relating a fact which I have never been able to account for. When I arrived in Quebec in order to go to school, at about nine years of age, people seemed to regret a certain good hangman named Bob; he was a negro, whom every one praised. This Ethiopian ought to have inspired the same horror which is always felt towards men of his calling; but, on the contrary he visited at all the houses like the other citizens, enjoyed a name for unimpeachable honesty, ran errands, in fact was a universal favorite. As well as I can remember, there was something very touching in Bob’s history; he was a victim of circumstances, which compelled him to become a hangman in self-defence. He used to shed tears when he had to perform his terrible task. I do not know why my memory, generally so tenacious concerning all I saw and heard in my early childhood, fails me in the matter of explaining the reason of the universal sympathy extended to Bob.**

Now I return to McLane. Such a spectacle as I have described could not fail to make a great impression on a child of my age; hence it arises that I have thought a great deal about the fate of a man, whom many people looked upon as a victim to the politics of the day. I have tried to satisfy myself as to his greater or less guilt. I could say a great deal on this subject; but I will be silent. Suffice it to say, that if in these days a boasting Yankee were to proclaim to all comers, that with five hundred able men, armed with sticks hardened in the fire, it would be easy to take the town of Quebec, the young men would crowd round him to humor him and encourage him to talk, and then giving him lots of champagne to drink, would laugh heartily at him, without the government dreaming of having him hung, drawn and quartered.

It has been said that McLane was an emissary of the French government; I do not myself believe so; the French republic, at war with all the European powers, had too much work on its hands to concern itself about a little colony, containing some millions of acres of snow; to use an expression not very flattering to us.

The policy of our then rulers was crafty and hence cruel. Every where they thought they discovered emissaries of the French government. There were two Canadians banished from the country, their crime being that they had been to Martinique in, I believe, an American vessel, to transact some commercial business: they granted them the favour of allowing them to take with them their wives and children.

* Actual complete hung, drawn, quartered sentences were already passe in Great Britain.

** Colonial Quebec had several black executioners; the best-known was Martinican slave Mathieu Léveillé from 1733 to 1743. (There an interesting .pdf about Leveille and his world here.)

The identity of the affable “Bob” our narrator half-remembers is a bit of a mystery; he has been identified with George Burns, a black man who held the job in the early 1800s, but the timetable isn’t quite right relative to de Gaspe’s admittedly distant memories. (The diarist thinks Bob was the former executioner by the time concerned with our post.) Frank Mackey in Done with Slavery: The Black Fact in Montreal, 1760-1840 suggests we take the name at face value and identify this executioner as either or both of “Bob a Nigro man” jailed as a felon in 1781 (we don’t know that Bob a Nigro man became a hangman), or “Robert Lane the Hangman” who was charged with a crime in 1789 (we don’t know that Robert Lane the Hangman was African). Mackey suspects that these are one and the same man.

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1934: Not Walter Lett, To Kill a Mockingbird inspiration

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July 20, 1934 was the third and last of Walter Lett’s scheduled execution dates for raping a white woman in Monroeville, Alabama.

A thirty-something ex-convict, Lett’s protestations of innocence stood little chance against the word of a white woman named Naomi Lowery, herself a penniless drifter.

Lett was almost lynched but despite his certain condemnation there was something wrong about this case — something discomfiting even for Monroeville’s worthies. We have seen elsewhere in these pages that a rape accusation was a powerful weapon on the ambiguous fringes of the color line. Just three years before this story, nine black teens had been accused of a rape on an Alabama train, and the legal odyssey of these Scottsboro Boys would dominate headlines during the Depression.

“It may have been that [Lett] and Lowery were lovers, or that she was involved with another Negro man,” one author put it. “If a white woman became pregnant under those circumstances, it was not uncommon for her to claim rape, or accuse someone other than her lover.”

Records of this trial seem to have gone missing, but Lett’s claims had enough weight (and Lowery’s had little enough) to induce Monroeville’s elders to petition Gov. Benjamin Miller* against carrying out the electrocution. Miller reprieved Lett ahead of May 11 and June 20 execution dates: “I am of the opinion and conviction that there is much doubt as to the man being guilty,” Miller told the Montgomery Advertiser. Gov. Miller was so sure that Lett didn’t do it that before the man went to the chair on July 20, Miller decided instead to let him spend the rest of his life in prison for the thing he didn’t do.

We don’t have Walter Lett’s side of this story because the strain of his position drove him mad; when the sentence was commuted, he was transported from death row directly to a mental hospital, where he died of tuberculosis in 1937.

In his stead, we have a different voice: a Monroeville schoolgirl at the time of Lett’s trial named Harper Lee** would later channel the case’s undertones of racial injustice for her legendary (and, until recently, only) novel, To Kill a Mockingbird.

In one of the famously retiring Lee’s few public comments on the book, she cited the Lett case as her model for the book’s fictional, and manifestly unjust, rape trial.

Lee’s father, A.C. Lee was the editor-publisher of the Monroeville Journal at the time of l’affaire Lett. But as a young lawyer, before Harper’s birth, Lee himself had once defended in court two men who wound up being hanged. An idealized† version of this man is the clear foundation for the defense attorney Atticus Finch in Lee’s book.

Charles Shields, whose 2006 biography of Harper Lee is quoted above on the indeterminate reason for the rape allegation, writes that the author “had a free hand to retell this macabre episode in her father’s life, which he always referred to in vague terms, no doubt because of the pain it caused him. (He never accepted another criminal case.) This time, under his daughter’s sensitive hand, A. C. Lee, in the character of Atticus Finch, could be made to argue in defense of Walter Lett, and his virtues as a humane, fair minded man would be honored.”

* Miller was an anti-Ku Klux Klan politician, a fact of possible relevance to his actions.

** Harper Lee’s childhood friend was Truman Capote, future author of In Cold Blood. (Lee traveled to Kansas with Capote and helped him research the murder case in question.) Alabama’s legislature has recognized Monroeville as the state’s literary capital.

† According to Shields, the real A.C. Lee was more of a gentleman, establishment segregationist: more like the warts-and-all Atticus Finch of Lee’s Go Set a Watchman than the saintly character played by Gregory Peck. In 1952-53, A.C. Lee helped to force out the pastor of the local First Methodist church over controversial pro-integration remarks from the pulpit. Rev. Ray Whatley’s post-Monroeville assignment took him to Montgomery, where he was president of a chapter of the Alabama Council on Human Relations while the young Rev. Martin Luther King was vice-president. Whatley was forced out of his Montgomery congregation, too: called “a liar, a communist, and a few other things” (Whatley’s words) for supporting the Montgomery Bus Boycott. They tried to reassign him to tiny Linden, Alabama, but townspeople there immediately rejected him and many stopped paying church tithes until he was shipped onward to Mobile.

See When the Church Bell Rang Racist by Donald Collins, who notes that Whatley’s anathema had a chilling effect on other white Methodist clergy — now clearly given to understand that there would be “a great price to be paid if a minister chose to speak out for racial justice.”

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1707: John Whittingham

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On this date in 1707, John Whittingham was hanged as a burglar.

The Newgate Ordinary Paul Lorrain worked, as was his wont, on Whittingham’s soul, and as was his custom published an Ordinary’s Account celebrating Whittingham’s conversion. The thief, “before he was turned off, desired the Standers-by to take Warning by him, and pray for his departing Soul. His last Words were, Lord, have Mercy upon me! Lord, forgive me my Sins! Lord Jesus receive my Soul.”

But publishing these items was not merely the Ordinary’s custom — it was, especially in Lorrain’s hands, his very lucrative business.

The Ordinary’s Account of John Whittingham is a slender one; Lorrain spends 1,164 words on it, but most of these are formulaic description of the circumstances of Whittingham’s trial and conviction, followed by a padding-out with details of Lorrain’s own sermons. Only 679 words touch on Lorrain’s specific grappling with Whittingham’s own forgettable demons. (A bog-standard Newgate collection of “Sabbath-breaking, Idleness, Gaming, keeping bad Company, and having to do with Lewd Women.”)

Once Whittingham has been disposed of, however, we come to brass tacks for the Ordinary. Sure, Whittingham might have thought his hempen strangulation was the apotheosis of a life’s tragedy of sin and redemption. Actually it was just Lorrain’s daily bread and butter, in the literal sense of the term.

A lengthy footnote immediately following the execution remarks asserts Lorrain’s prime market position in the increasingly competitive execution broadsheet business:

Whereas some Persons do frequently take the Liberty of putting out of Sham-Papers, pretending to give an Account of the Malefactors (called the Lives and Conversations of the Persons Executed) in which Papers they are so defective and unjust, as sometimes to mistake even their Names and Crimes, and often misrepresent the State they plainly appear to be in under their Condemnation, and at the time of their Death. To prevent which great Abuses, These are to give Notice, That the only true Account of the Dying Criminals, is that which comes out the Day after their Execution in a single half Sheet, about 9 in the Morning, the Title whereof constantly be gins with these Words, The ORDINARY of NEWGATE his Account of the Behaviour, &c. In which Paper (always Printed on both sides the better to distinguish it from Counterfeits) are set down the Heads of the several Sermons Preach’d before the Condemned: And after their Confessions and Prayers, and Atestation thereto under the Ordinary’s Hand, that is, his Name at length; and at the bottom the Printer’s Name, Dryden Leach; which if the Readers would but observe, they would avoid those scandalous Cheats heretofore constantly impos’d upon them.

You got that?

And then, we have 1,213 words — significantly more than Lorrain spends on Whittingham himself — that underscore just why the Ordinary’s Account brand was worth such vigorous defense.

ADVERTISEMENTS.

In few Days will be Publish’d.

THE Monthly Miscellany, or Memoirs for the Curious, occasionaly containing Divinity and Law, Philosophy Morral Natural and Experimental, Mathematicks in its several Branches, Physick Chymistry Surgery, Anotomy and Botany, Epitome of Books and News impartially done. Lives and Characters of Famous Persons as well Living as Dead, being the Life of Doctor Sherloch, Letters on several Subjects; History Poetry and Travels. For the Month of June. Sold by J. Morphew near Stationers-Hall Price, 6d. where may be had the 5 foregoing, Lives of Prince Lewis of Baden and my Lord Cutts, Mr. Jeremiah White late Chaplain to Oliver Cromwel, and D. Drake. Containing several other curious Miscellaneous Works in sundry Faculties.

THERE is now prepared and to be Sold only at Mr. Deighton’s, a Perfumer, at his Shop at the corner of Chancery-Lane in Fleet-street, the only famous Beautifying Water, for the clearing and making the Face fair, tho’ of the brownish Complexion, which by its use has been experimented to make the Skin smooth and white and also to take off all Pimples and Redness, from 2s. 6d. to 5s. a Bottle. Just Publish’d.

*** A new and exact Draught of the City of Thoulon, with all its Fortifications. The Basom for the King’s Ships of War, &c. Sold by John Philips next the Fleece Tavern in Cornhill and by B. Bragg, in Pater-Noster-Row. Where may be had a Haxagon, fortify’d with all sorts of Out-works, according to the modern Method of Fortification, useful for those who read the publick News.

A Presentative against Atheism and Infidelity. The Remains of Cardinal Du Perron, president Thumanus, Monsieur St Evremont, and other great Men. Both by Thomas Osborn in Gray’s Inn next to the Walks, and Samuel Butler near Bernard’s Inn, Holbourn.

This Day is Publish’d.

THE Diverting Muse, or the Universal Medley, Written by a Society of merry Gentlemen, for the Entertainment of the Town. The First Part. Consisting of the Husmours of a Coffee-house. Sollitary Enjoyment, or the Pleasure of Contemplation. An off-hand Epitaph upon the Weasel. A Lampoon upon two Sisters, famous Strumpets in the City The dying Husband and the joyful Wife. The Resolute Lady. The plain Dealer A Dialogue Song between a forward Youth and a young Lady The meaning Lover. London: Printed, and Sold by B. Bragg at the Raven in Pater-noster-row, 1707.
Newly Publish’d the 2d Edition of

*** The Life and Glorious History of his Grace John Duke and Earl of Malborough, Prince of the Empire, Capt. General of her Majesty’s Forces &c. containing an Account of the most Important Battles, Seiges, Negotiations &c. managed under his Auspicious Conduct; both in the Wars of Flanders and Ireland, with a large Account of the ever Memorable Battles of Hockstet and Schellenberg in Germany, also his March to the Moselle in 1705. his return to the Netherlands and forcing the French Lines near Tirlemont and his last Victory at Ramallies, with many Remarkable Passagos from his 1st advancement in the Court of King Charles the II. to this present time. Printed for John Chantry at the Sign of Lincolnsin-back Gate, Price bound one Sailling.

Jst published,

A Cry from the Desart: Or, Testimonials of the Things lately come to pass in the Cevennes, upon Oath and by other Pros. Translated from the Original. The 2d Edition. With a Preface by John Lacy, Esq ; price 8d. Sold by B. Bragge at the Raven Pter-noster-Rw; where way be had Prophetical Warnings of Marion, heretofore one of the Commanders of the Protestnes tha had taken Arms i the Cevennes, or Discourses uttered by him in London the Operation o the Spirit, and faithfully taken in Writing whilst they were spoken, price 1s. An Apology for the English Dissenters, by the Confessions of Foreign Protestant Churches, and particularly by Letters from that of Geneva, which may serve as an Answer to several Letters from the Pastors of the Church of Geneva, to the Archbishop of Canerbury, the Bishop of London, and the University f Oxford, with the Answers to them, price 6d. The Historical Catehisme: Or, an Explanation of the Old and New Testament, by way of Questions and Answers, after a more easie and familiar manner thn hitherto extant, very edifying and profitable for Children to learn, before they begin to Read the Bible. By a Reverend Divine of the Church of England.

Lately printed,

Bishop Hickman’s 14 Sermons. Ostervald’s Grounds and Principles of the Cheistian Religion, M Norris’ Theory of the World, in 2 Vols. Dr. Attetbury’s Vindication of p. Tils 14 Vo s. of Sermons against Popery. Sir ustrde Which Essays. Mr. Lewis’s Companion for the Afflictd, and the Church explained. An Essay against Idleness. A Postural Letter from a Minister to hs Parishioners, with the Christian daily Devotion. George Foxe’s last Will and Testament. Mr. Keth’s serious Call to the Quakers. Dr. Bray’s aptismal Covenant. All printed for W. Hawes, at the Bible and Rse in Ludgate-street, for whom will be speedily published, Dr. Bray’s Bibliotheca with large Additions.

THE second part of the Pulpt Fool, a Satyr; containing a distct Character of the most noted Clergy-men in the Queen’s Dominiors, Church-men and Dissenters Price 1 s. To this Satyr is annexd a paneyrick upon Archbishop Tenison, Bp. Burnet, Bp. , Dr. Sou, D. Stanhope, Dr. Lucas, Dr. Blackall, Dr. Moss, Mr. Norris, Mr. Hoadly, M. Flamstead, Mr. Graener, Mr. Stennet. Mr. Rosewl, Mr. Franks, Mr. Clark, Mr. Palmer, Mr. Calamy, Mr. Showers. Mr. Henery, Mr. Lews, Mr. Maudit, Mr Freks, Mr. Walker. Wh the Characters of near 200 Clergy-men more, eminent for prety d Learning. Printed for B. Bragge, in Patter-Nester-Row, of whom may be had, The first Part of the Pulpit Fool, a Satyr which (together with the 2d part) comprehends a general History, of tho Verse, but more especially of such as are Heterodox and ten, for Railing at protestant Dissenters.

Newly publish’d.

THE Devout Christians Companion consisting of Devotions for all Occasions. An Office for the Sick, and a Treatise for the H. Sacrament. Collected from the Works of Abp. Tiotson, Bp. Kenn, Bp. patrick, Bp. Beverge, Dr. Scots, Dr. Horneck, Dr. Stanhope &c. The 2d Edition price 2 s. 6 d. Likewise Caesar’s Commentaries of his Wars in Gaul and Civil war with popey, to which is added. Alus Hirtus, or Opius’s supplement of the Alexandriau, African, and Spanish War. With the Author’s Life. Adorned with pters from the designs of the Famous plado. Made English from the Original Latin, by Capt. Martain Blden. The 2d. Edition, 8vo. With Ntes, and a Comparison between the Antient and Modern Geography. Both printed for Charles Smith, at the Buck between the two Temple gates in Fleetstreet and Edmund Curl at the peacock without Templebar.

AT the Golden Acorn in White Fryars, Fronting Fleet-Street, London are lately come in above a 1000 Vols of Tracts, which was Collected by a Person of great eminency and worth and will be Sold at the Rates mention’d in the Post Boy, Note, these following Pamphlets may be had viz. Naked Gospel Naked Truth, Cobler of Gloster, killing no Murder, Absolum and Athitophel Religio Laiti Table o Love &c, with Acts of Parlament Proclamations Declarations &c. according to the method of William Millersale of London Stationer.

On this day..

1787: Jacob “Hannikel” Reinhard

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Robber Jakob Reinhard, better known as Hannikel, was hanged on this date in 1787 in Sulz am Neckar in Wurttemberg.

The captain of a brigand company stalking the Black Forest, Hannikel (English Wikipedia entry | German) kept one step ahead of pursuers for many years simply by exploiting the fragmented map of southern Germany: the next lord’s border was never more than a few strides away. Like his near-contemporary Schinderhannes, the bandit prince earned the affection due charismatic rogues for the usual reasons, viz., turning the wheel of fortune against the great and the good whom they made to stand and deliver.

Hannikel elevated his crew’s outlawry level from nuisance to anathema in 1786 by killing a guy in the course of a home invasion, which featured the less romantic part of the robber’s job: dripping burning resin on the lady of the house until she yielded up the concealed ducats. This incurred the wrath of the Duke of Wurttemberg, and the great bailiff (and early criminologist) Jacob Georg Schaeffer damned the borders and pursued the marauders all the way to Switzerland before he finally had them all rounded up.

Hannikel hanged along with three others of his gang; other members received lengthy prison sentences at hard labor.


1788 illustration of Hannikel imprisoned in the Schloss Sargans. Via this German-language summary (pdf) of Hannikel’s career.

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Themed Set: Meaghan Good (II)

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Three years ago, we paused a moment to highlight the already-intrepid contributions made these pages by Meaghan Good.

Meaghan contacted me out of the blue back in June 2010 — so, roughly the neolithic in Internet time — to suggest some execution stories that her voluminous reading had made her aware of.

From her debut in July of 2010 until now, Meaghan has favored this site with more than 160 posts, plus enough additional ones pending future publication to make a clear double century. There are numerous guest authors who have a post here or there and to whom I am immensely grateful … still, only Meaghan has made herself a part of the impossible ongoing enterprise that is Executed Today. Her relentless historical crime research has even made news.

Nobody visits these pages to read about bloggers’ tribulations but it’s hard to overstate just what an gigantic difference it has made to the site and to myself personally to have a perspicacious writer carrying nearly 10% of the daily posting burden over such a protracted period of time. Meaghan has seen this joint through fat years and lean ones, and no exaggeration: absent Ms. Good, Executed Today would not now be nearing an eighth anniversary of every-single-day posting.

That Meaghan has been a godsend for these pages while also continuing her own excellent and heavily researched site, the Charley Project, speaks to a fathomless humane tenacity. Even while moonlighting on our execution beat, Meaghan’s site has made an important contribution to missing-persons investigations in the U.S. — more than 9,000 are profiled there. It’s an incredible project for one human to take on and maintain, as a glance at her log of recent updates to the Charley Project at any given moment will confirm.

Thank you, Meaghan, for five excellent years.

On this day..

1890: Edward Gallagher, “none of your damned business!”

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On this date in 1890, thrashing in panicked resistance, Edward Gallagher hanged in Vancouver, Wash.

Louis Mar, an aged and solitary farmer who was known to carry large sums of cash on him, had been found in November 1889 shot dead outside his home — which had also been ransacked but to little effect. (Thousands of dollars were discovered tucked into the house’s nooks and crannies that the assailant(s) had overlooked.) A discarded scrap of a newspaper proved to match the edition Gallagher himself was carrying when detained lurking around the Mar place a few days later.

1890 was the year that America’s the western frontier officially closed, but the grueling life in its Cascade Mountain vestiges in the 1880s had taken a toll on the Chicago-born murderer. The Portland Oregonian (July 6, 1890) noted that he “is 24 years old, but looks to be over 30.” On top of that, he nearly burned to death awaiting trial in jail when Vancouver’s courthouse went up in flames in February of 1890.

Gallagher might very well have been non compos mentis, and it is not a mark in favor of his sanity that he elected to defend himself by agreeing that he pulled the trigger, but arguing that it had been done in self-defense … while on Mar’s land … and prior to burgling Mar’s house … with a mystery accomplice whom he refused to name.

As much as the circumstances implied a cold-blooded killing, Gallagher’s erratic behavior, disjointed nonsense story of the crime, and inexplicable confidence in his pardon all struck many observers as the mark of a genuinely unbalanced man.

“Gallagher does not seem to comprehend his fate,” the Oregonian puzzled. “One would be in a quandary to decide whether he was insane or lacked brains to comprehend the enormity of his crime.”

He maintained that incomprehension all the way to the gallows platform. As a fascinating 2013 retrospective in the Vancouver Columbian described it,

didn’t believe he would die that day — despite the bloodthirsty crowd before him, the $225 spent on his execution, the lawmen flanking his left and right.

Instead, with a “slickly idiotic smile,” he apologized to the audience for his appearance and promised he would do better next time. He said “the soldiers” would save him.

Reality struck when his hands were bound. For three maniacal minutes, Gallagher swung his arms and kicked violently, knocking over the sheriff and his helpers. Seven men finally subdued him.

The death warrant was read, a black hood pulled over Gallagher’s head and the noose tightened. Sheriff [M.J.] Fleming, who was paid $50 for the deed, gave the condemned man one more chance to confess to killing and robbing Lewis Marr, an old farmer found dead on his land in the Lower Cascades area of Skamania County.

“Did you kill that man, or did you not? Now, answer,” the sheriff said, according to newspaper accounts.

From beneath the black hood, Gallagher sneered his last words: “None of your damned business.”

His egregious death was witnessed by 200 official ticket-holding invitees, but the wooden stockade nominally enclosing the gallows was easily peered through or over … so another 500 people outside the stockade also peeped on the de facto public execution.

On this day..