1996: Billy Bailey, the last American hanged

On this date in 1996, Billy Bailey was hanged for murdering an elderly couple in Delaware.

Bailey was condemned in 1980, which was before Texas debuted the lethal injection trend that would sweep the nation; therefore, he was sentenced to hang. When Delaware switched to injection in 1986, Bailey had the choice between his original hempen-necktie sentence or the newfangled gurney.

Authorities wanted him to get with the times. Warden Robert Snyder, who would also serve as hangman, told the press, “Our gallows is pretty primitive here. We’ve made some improvement, but hopefully this will be the last hanging in Delaware.”

Billy Bailey wasn’t interested.

“I’m not a dog,” he said to one visitor. “I’m not going to let them put me to sleep.”

For all the worry that a state out of practice with its gallows technique would botch the job, Delaware carried it off without embarrassment.

Though Bailey’s pretty certain to be the last man hanged in the Blue Hen State — Delaware has gone and dismantled that primitive gallows — he is no lock to keep his place as the last hanged anywhere in the U.S.

Washington state, which hanged two people in the early 1990’s and did some consulting on the procedure for Delaware officials, still allows the condemned a choice between lethal injection and hanging. Executions there aren’t common — it’s been over eight years as of this writing — but they’re not unheard-of. Between the prospect of a lethal injection botch and the morbid appeal of notching milestone status, it’s only a matter of time before someone else opts to hang.

(New Hampshire, which is even more out of practice with the art, also still retains hanging as a backup option.)

Part of the Daily Double: Throwback Executions.

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Daily Double: Throwback Executions

This blog traffics in the the human forces that drive men and women to the scaffold: whether the implacable distant hand of History, the fickle chance of Fate, or the vulgar personal desires we have in such ample supply.

But the scaffold gazes also into thee … and sometimes, the dead stretch out to touch the living in unexpected ways.

By coincidence, Jan. 25 and 26 of 1996 saw rare uses of two anachronistic methods of execution in the United States — holdovers from executions in the Republic’s youth, before science started devising less personal, more mechanical ways to kill. In fact, these executions on consecutive days in 1996 are as of this writing the last time that either hanging or the firing squad has been used in this country.

That strange spectacles drew international news coverage, which seems to have led in turn to the accidental suicide of an Italian youth in the town of Noceto.

A 12-year-old boy hanged himself after … asking his parents “if people suffer at the gallows” … after [the family] watched one of the evening news programs, which have prominently featured the Utah firing squad and an execution by hanging in Delaware.

This blog has no answer for the boy “D.M.,” any more than it has for our usual clientele. It is even likely that one or both of the two we note here whose dates with death were scheduled will turn out not to keep their current distinctions of being the last men judicially hanged and shot in the U.S.

But then, all life is contingent and ephemeral. This theme, too, is part of the traffic of Executed Today.

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1938: Han Fuqu, Koumintang general

On this date in 1938, Chinese warlord Han Fuqu (or Fuju, or Fu-chu) was executed by the Koumintang for cravenly surrendering Shandong Province to the Japanese without a fight.

Han cut his teeth during China’s Warlord Era, and though he made a timely adherence to Chiang Kai-shek‘s central government that gave him rule over Shandong, he was never exactly in love with the KMT. He ran his fief like a dictator and got rich.

When Japan and China went to war in 1937, it wasn’t a gung-ho nationalist heart throbbing beneath his decorated breast.

Commanded by this still-alien central government to defend Shandong and its capital Jinan at all costs, the former warlord instead bargained secretly with the Japanese for a way to keep his prerogatives.

Why, after all, should he throw away his own position against an overwhelming foe merely for the better advantage of the distant Chiang Kai-shek?

When Han couldn’t pull off a deal and the Japanese set about simply taking his province by force, Han withdrew without firing a shot — forcing other KMT units in Shandong to likewise fall back. To top it off, Han himself then ditched the army he’d taken a-retreatin’.

Chiang, no dummy, could see an example waiting to be made. A couple weeks after arresting Han, Chiang’s trusted aide Hu Zongnan shot him in the back of the head in what is now Wuhan for flouting superior orders.

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1685: Robert Pollack and Robert Millar, Covenanters

On this date in 1685, Robert Pollack and Robert Millar (or Pollock and Miller) were hanged in Edinburgh as Covenanters.

An East Kilbride shoemaker and a Rutherglen mason, respectively, they were a tick and a tock in the Killing Time — lost like tears in rain amid the torrent of Presbyterian martyrs.

These adhered to James Renwick‘s subversive doctrine of Scottish presbyter control against the overweening Anglican Episcopacy, a conflict of characteristically comingling religious and political characters.

Since most of the Covenanter-killing was being done summarily by soldiers in the field, these Roberts were actually the rare gallows-birds to be condemned in civil court, for which trouble they strangled at the Gallowlee on the road from Edinburgh to Peith.

Their last testaments can be read here, along with those of many other such martyrs.

Forsake not the assembling of yourselves together, and employ your strength in the holding up of the fallen-down standard of our Lord, and if ye be found real in this duty, ye shall either be a temple, which shall be a glorious sight, or else ye shall be transported, and be a member of the Church triumphant; so ye shall be no loser, but a noble gainer either of the ways.

-Robert Millar

Though not up to the fame of having their own statuary, Pollack/Pollock has a place on the Covenanter monument in East Kilbride … where the martyrs’ spiritual descendants recently held the movement’s first open-air Conventicle since the 1680s.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1673: Mary Carleton, “German princess”

On this date in 1673 ended the adventures of “German princess” and early modern celebrity Mary Carleton.

Mary vaulted into the ranks of famous-for-being-famous in 1663, when the pamphleteering forerunners of Perez Hilton caught wind of a bigamy scandal wherein Mary, presenting herself as a mysterious German noble, had hitched with 18-year-old law student John Carleton and run through his money.

Once the public made her acquaintance … well, there was just something about Mary.

Over two dozen pamphlets are known sensationalizing her subsequent trial and acquittal for hubby-hopping, including post-acquittal volleys by both John and Mary.

(These pamphlets don’t currently appear to be available in their original forms online, but substantial excerpts from the most famous of them can be found in the public domain 1914 book The Mary Carleton narratives, 1663-1673: a missing chapter in the history of literature. This volume argues the Carleton publications are a stylistic progenitor of the English novel as it emerged in the hands of, for instance, Defoe. We certainly would be remiss not to notice here our real-life anti-heroine’s parallels (pdf) with Moll Flanders.)

Actually the daughter of a Canterbury fiddler, Moll Carleton was accused of having ditched her first spouse (a shoemaker) for a surgeon, then ditched the surgeon for John Carleton.

Having adroitly beat that rap in a court of law (if not exactly in the court of public opinion) “the German Princess” went into show business; that ubiquitous diarist Samuel Pepys caught her on stage, playing herself, remarking

I’ve passed one trial, but it is my fear
I shall receive a rigid sentence here:
You think me a bold cheat, put case ’twere so,
Which of you are not? Now you’d swear I know.
But do not, lest that you deserve to be
Censur’d worse than you can censure me:,
The world’s a cheat, and we that move in it,
In our degrees, do exercise our wit;
And better ’tis to get a glorious name,
However got, than live by common fame.

Well, why not?

In a time with scant social mobility for women, Carleton — which is the name by which she’s been remembered although she was born “Mary Moders” — carved it out with the tools at her disposal, which makes her an irresistible academic subject.*

Carleton/Moders is nearly the anti-Martin Guerre: whereas the male Arnaud du Tilh subsumed his own identity to insinuate himself into the existing social part of “Martin Guerre”, Mary Carleton’s shifty identity excised her from the social circumstances that would otherwise define her. (She was even reported to have taking to masculine cross-dressing.) Paradoxically, her fictitious biography enabled her to be taken for her own self, which explains why she stuck with her blank-slate “German origins” backstory after it had been publicly discredited.

And after the stage gig had run its course and her identity become disposable once again, she easily resumed her marital perambulations.

Mary Jo Kietzman called Carleton’s life “self-serialization.” The Newgate Calendar sanctimoniously records some of her adventures.

After a few years below the Restoration radar, Carleton was caught up for petty larceny and given a death sentence commuted to penal transportation to Jamaica. (England had just seized it from Spain during Cromwell‘s Protectorate.)

Two years later, she returned to England — not the only one to prefer the danger of Tyburn to the rigors (and obscurity) of the colonies.

She could only live as herself at the peril of her life. And on this day, she clinched her lasting fame at the end of a rope.

* e.g., Mihoko Suzuki, “The Case of Mary Carleton: Representing the Female Subject, 1663-73,” Tulsa Studies in Women’s Literature, Vol. 12, No. 1 (Spring, 1993).

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1670: Claude Duval, gentleman highwayman

It’s been 340 years since the immortal highwayman Claude Duval (or Du Val, or Du Vall) went to the Tyburn gallows and was turned off into legend as the ne plus ultra of English gentleman thieves.

Duval, actually, was French, an import to Isles in the train of some forgotten noble migrating with the restoration of royal prerogatives.

On the English highway, this formerly impecunious retainer coruscated as a knight of the road, the very model of the chivalrous outlaw against whom the likes of Dick Turpin would be compared to disadvantage. Macaulay recorded

how Claude Duval, the French page of the Duke of Richmond, took to the road, became captain of a formidable gang, and had the honour to be named first in a royal proclamation against notorious offenders; how at the head of his troop he stopped a lady’s coach, in which there was a booty of four hundred pounds; how he took only one hundred, and suffered the fair owner to ransom the rest by dancing a coranto with him on the heath;


William Powell Frith‘s painting (1860) of Claude Duval dancing with his prey.

how his vivacious gallantry stole away the hearts of all women; how his dexterity at sword and pistol made him a terror to all men; how, at length, in the year 1670, he was seized when overcome by wine; how dames of high rank visited him in prison, and with tears interceded for his life; how the king would have granted a pardon, but for the interference of Judge Morton, the terror of highwaymen, who threatened to resign his office unless the law were carried into full effect; and how, after the execution, the corpse lay in state with all the pomp of scutcheons, wax lights, black hangings and mutes, till the same cruel judge, who had intercepted the mercy of the crown, sent officers to disturb the obsequies. In these anecdotes there is doubtless a large mixture of fable; but they are not on that account unworthy of being recorded; for it is both an authentic and an important fact, that such tales, whether false or true, were heard by our ancestors with eagerness and faith.

Gillian Spraggs justifiably observes that no matter how genuinely gallant the brigand, his profession entailed relieving others of their rightful produce by main force. But then, the same could be said of the lords of the realm.

No, although Duval’s legend invites debunking, this must be for another blog.

We take Duval here at his mythological acme: he is the patron saint of the early modern bandit, the Superman of English outlawry, succoring with the fantasy of freedom upon the road the thousands of porters and scullery maids and apprentices chained to their oars below-decks upon Britannia’s ship of state.

What matter the rest?

This day, we toast Claude Duval, the Knight of the Road, in the manner of the fetching inscription (since destroyed by fire) under which he was reportedly buried:

Here lies DuVall: Reder, if male thou art,
Look to thy purse; if female, to thy heart.
Much havoc has he made of both; for all
Men he made to stand, and women he made to fall
The second Conqueror of the Norman race,
Knights to his arm did yield, and ladies to his face.
Old Tyburn’s glory; England’s illustrious Thief,
Du Vall, the ladies’ joy; Du Vall, the ladies’ grief.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1677: William Drummond, for Bacon’s Rebellion

“Mr. Drummond, I am more glad to see you than any man in Virginia; you shall hang in half an hour.”

Virginia Governor William Berkeley didn’t deliver gallows justice as rapidly as promised, but the outcome was just as certain.

Scotsman William Drummond, the former colonial governor of Abermarle and therefore the first governor of North Carolina,

was made to walk to Middle Plantation, about eight miles distant, and tried before a drum-head court-martial, the next day, at the house of James Bray, Esq., under circumstances of great brutality. He was not permitted to answer for himself; his wife’s ring was torn from his finger; he was stripped before conviction, was sentenced at one o’clock and hanged at four. (Source)

There’s nothing worse than a poor winner.

Drummond caught Berkeley’s considerable wrath for associating himself with Nathaniel Bacon’s Rebellion of frontier settlers demanding lower taxes and more energetic genocide against their Indian neighbors. When Berkeley balked, the movement metastasized into a republican revolution which declared the agent of royal authority in Virginia to have abdicated and proposed to reconstitute it by popular convocation.

It was very much short of an actual attempt to separate from England, but in its form and complaints one easily perceives the germ of the American Revolution a century hence. Sarah Drummond was reported to have been at least as vehement as her hanged spouse, and she is credited with prophesying “the child that is unborn shall have cause to rejoice for the good that will come by the rising of the country.”

Armed struggle between two desperate factions was truncated by the fatal case of dysentery* contracted by the namesake insurrectionary. His unpleasant and untimely demise crippled the rising rising, and left Drummond as about the most prominent target available for the victorious Berkeley’s fury.

Not that there wasn’t much more to go around — even when the British navy finally landed in late January with reinforcements too late to do any good, a general amnesty Berkeley had not clemency enough to use, and a successor to Berkeley the aging governor did not like one bit. Nineteenth-century historian George Bancroft in his History of the Colonization of the United States writes of the crackdown,

In defiance of remonstrances, executions continued till twenty-two had been hanged.** Three others had died of cruelty in prison; three more had fled before trial; two had escaped after conviction. More blood was shed than, on the action of our present system [i.e., the constitutional government of the United States], would be shed for political offences in a thousand years. Nor is it certain when the carnage would have ended, had not the assembly convened in February, 1677, voted an address “that the governor would spill no more blood.”

Finally the new guy managed to get Drummond on a boat back to the mother country with an unflattering report of his conduct. The crotchety septuagenarian, who had been a spry mid-30’s courtier when first appointed Virginia governor by Charles I, was coldly received by Charles II. “The old fool,” remarked the sovereign, “has taken more lives in that naked country than I have taken for the murder of my father.”

* “The bloodie flux” was an unsatisfying avenger for his foes, as indicated by the doggerel

“Bacon is Dead, I am sorry at my hart
That lice and flux should take the hangman’s part”

** Some sources put the total number executed at 23, not 22; I have been unable to locate the source of this discrepancy.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1661: Thomas Venner and the Fifth Monarchy Men

On this date in 1661, the restored English monarchy made an end to the interregnum’s religious crazies.

A few other images of Thomas Venner are available here.

“It is difficult in these days to follow with patience, or even with complete seriousness, all the ramifications of Fifth Monarchy speculation,” writes historian Louise Fargo Brown, whose gratis tome The Political Activities of the Baptists and Fifth Monarchy Men in England proceeds to do just that.

This blog wants for both patience and seriousness, so we’ll sum up that Venner et al were the holy rollers of the day, the true whack-jobs in the millenarian hustle of Cromwellian England.

Venner himself was born in New England, and there’s a zippy bio of him in The New England Historical and Genealogical Register. The North American colonies and Parliamentarian Britain helped to incubate political/religious heterodoxy for one another, and Venner was not the only budding religious zealot in the distant marches to emigrate to London after Charles I lost his head.

There the cooper became an outspoken apostle of the Fifth Monarchists, a part of Cromwell’s coalition made for disappointment with the mundane machinations of statecraft. Relieved in time of any a share in General Ironsides’ burden of helming the state in choppy waters, the men of the Fifth Monarchy were at liberty, to retire with their slide rules and philosopher’s stones to calculate the (imminent) date of the apocalypse foretold by Daniel and pursue the maxim not yet born that, starting with a mistake, a remorseless logician can end up in Bedlam.

All well and good to mock from posterity, and from a country where Left Behind is a bestseller no less. To be fair to the Monarchy Men, one could as well say that the egalitarian political language of these “arrant Radicals and levellers” just happened to be scriptural.* They would hardly be the last to foretell a golden age made ready by the slaying of a king, not by a long shot.

At any rate, our Bostonian tradesman became such an outspoken prophet of the return of “King Jesus” that Cromwell was obliged to clap him in irons.

Venner didn’t take the hint well, nor other more salutary warnings, and Venner instigated a riot of his few dozen followers at the start of January 1661 that took London unawares and did some damage before it was put down.

Diarist Samuel Pepys records of the riots that

[a] thing that never was heard of, that so few men should dare and do so much mischief. Their word was, “The King Jesus, and the heads upon the gates.” Few of them would receive any quarter, but such as were taken by force and kept alive; expecting Jesus to come here and reign in the world presently, and will not believe yet but their work will be carried on though they do die.

Thomas Venner and his compatriot Roger Hodgkins died that traitor’s death this day, along with William Oxman and Giles Pritchard, the latter two having their sentences commuted to simple hanging and posthumous beheading. The remaining survivors of his band climbed the scaffold two days later.

* e.g., “Then shall the Oppressor cease and no more complaining be heard in the streets. Taxes should be no more. And Trade and industry should abound. … The poor should have bread, and the Army no more in Arrears. Prison doors should be open and Debtors satisfied without Arrests … then peace and safety, plenty and prosperity, should overflow the land.” (Cited by Brown)

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1676: Joshua Tefft, drawn and quartered in Rhode Island

On this date in 1676, Puritan colonist Joshua Tefft (or Tifft, or Tift) became perhaps the only person ever to suffer the traitor’s death of hanging and quartering in what is now the United States.

The 30-ish Rhode Island farmer got sucked into King Philip’s War and was captured by colonists apparently fighting for the Narragansett Indians during a the Great Swamp Fight.

Lacking a first-person account from Mr. Tefft, we are left to descry (or project) his purpose. Tefft himself claimed that he had been enslaved by the Indians, but he made this claim in the context of trying to avoid a grisly execution; opposing witnesses said he’d been much more enthusiastic in the fight, raising an evident horror of civilized man gone native.

Without English clothes and with a weather-beaten face, he looked like an Indian to the English. Tefft was a troubling example of what happened to a man when the Puritan’s god and culture were stripped away and Native savagery was allowed to take over. (Source)

He was one man caught up in a war, so of course he could have been many things. But Tefft invites speculation on racial self-identification on this still-tenuous New World frontier.

Living immediately adjacent to the Narragansett, Tefft was probably on good terms with the natives, something that at least some Anglos had keenly worked after for fifty-plus years. Some sources report (or charge) that he had taken an Indian wife,* and the Narragansett redoubt attacked in the Great Swamp Fight was a fortified encampment full of non-combatant types, hundreds of whom were eventually slaughtered.

And Rhode Island had a long-running border dispute with its Puritan fellow-colonists that intersected their historical differences on religious toleration. (Tefft is also decried as irreligious, though whether that’s literally true or just an extra heaping of opprobrium is anyone’s guess.) Why, after all, should a man not cohabit among the friendly peoples of his wife, and assist them when attacked — for the Narragansett were not at war until they were attacked — by a bunch of Connecticut and Plymouth colony prigs who’d want to shanghai him into their army?

One colonist able to sympathize with the Indians’ situation wrote of them that “perhaps if Englishmen, and good Christians too, had been in their case and under like temptations, possibly they might have done as they did.” Who knows but that some were, and they did.

Our Scouts brought in Prisoner one Tift, a Renegadoe English man, who having received a deserved punishment from our General, deserted our Army, and fled to the Enemy, where had good entertainment, and was again sent out by them with some of their forces; he was shot in the knee by our scouts, and then taken before he could discharge his musket, which was taken from him and found deep charged, and laden with Slugs: He was brought to our army, and tryed by a counsel of war, where he pretended that he was taken prisoner by the Indians, and by them compelled to bear Arms in their Service; but this being proved to be false, he was condemned to be hanged and Quartered, which was accordingly done. (Source)

But while some Indian tribes allied with some whites, European identification ultimately proved much too strong to admit any possibility of not banding together against the “savages.” When vengeful Narragansett warriors raided Providence the following spring and torched the house of Rhode Island founder Roger Williams, Massachusetts in sympathy lifted its 39-year-old exile on the man they’d have hung as a heretic in days gone by.

By then, it had long been over for Joshua Tefft, whose trial preceded execution by only two days. Joshua’s son Peter and other descendants of the Tefft family, however, would be fruitful and multiply.

By the time these New World settlements became the United States a century later, drawing and quartering was still on the books in England. But the New York legislature expressed (pdf) the sense of that realm’s North American offspring that this sentence even for treason was “marked by circumstances of Savage Cruelty, unnecessary for the Purpose of public Justice, and manifestly repugnant to that Spirit of Humanity, which should ever distinguish a free, a civilized, and Christian People.”

* Joshua Tefft’s previous wife, Sara, had died from childbirth a few years before. For Sara, also notable as the owner of what was once thought to be the oldest marked headstone in New England, it was her second husband … the first, Thomas Flounders, was hanged for murder.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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Themed Set: Resistance and Rebellion in the Restoration

It was a world turned upside down.

The Stuart line was (for now) restored to the throne, and the regicides of its late king horribly if not voluminously punished.

Not so easy, though, to undo the violent social changes that had produced (and fermented in) the Interregnum.

Feudal property relations had been overthrown, religion cast into dispute; uncharted lands were discovered and conquered, the laws of nature unveiled; great lords were put to death. Danger and possibility and portent must have felt omnipresent. Even London burned down.

Marx, endlessly fascinated by the English bourgeoisie’s rise over the centuries, wrote that it “has pitilessly torn asunder the motley of ties that bound man to his ‘natural superiors.'” Into this disorder stepped a bewildering welter of ideas and models of life to contend at the frequent expense of their adherents’ lives.

From affairs of state to affairs of the heart, from the remote wildernesses of the New World to the highways of Albion, the Stuarts’ subjects risked life and limb seeking their places in this upside-down world.

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