1725: John Coamber

The Dublin hanging of John Coamber on this date in 1725 for the previous year’s notorious mugging/murder of a city counselor named Richard Hoar(e) arrives to us, as have several previous posts, via James Kelly’s Gallows Speeches From Eighteenth-Century Ireland.

In this instance, Kelly gives us two rival “last speeches.” It’s a genre that he says was exploding in the 1720s, with the burgeoning of print culture and the importation of similar purported gallows unburdenings.

And as we saw in a 1726 exemplar from the same book, the publishers who flooded this burgeoning market were at daggers drawn with one another over precedence for inside information and autobiographical authenticity. This is another case where one of the documents — Cornelius Carter’s — takes space to take a shot at the rival tract.

We also see here in Carter’s more detailed (and here, sarcastic) narrative that two different, innocent, men were hanged for the murder some time before one of the three real killers saved his own neck by shopping Coamber.


The Last Speech, Confession and Dying Words of

John Comber

who is to be Hang’d and Quarter’d this present Wednesday, being the 5th, of this Inst. May 1725. Near St. Stephen’s-Green; for Murdering Councellor Hoar, in January last.

Good Christians,

My Heart has been so hard hitherto, that I had no Manner of thought of either Soul or Body, but now I seeing Death plainly before my Face, causes me to consider of my latter End; and praise God for giving so much Grace so to do; therefore I am resolv’d to make a Publick Confession of my past Life and Conversation, which is as follows.

As to my Birth and Parentage, it is but a folly to relate, yet I can say I came from very honest Parents, who took what Care they could to bring me up in the Love and Fear of God, but I contrary to the Laws of God and Man, have gon [sic] astray, and follow’d Loose Idle Company, which brought me to this untimely Death; and how it came to pass was thus.

I being Entimitly Acquainted with one Patrick Freel, and David McClure, with whom I went to a House in New-street, where we then (after several meetings) made a Plot to get Money, by reason it was scarce with us, at length we Consulted the 19th, of January last, to Robb the first we wou’d meet with, and being over perswaided by the Devil, I went to the House of Mr. Carter and meeting a Child of his, bid him fetch his Dady’s Pistol, and I would fetch him some sweet things, upon the same promise, the Child brought me a Pistol, and then I, in Conjunction with the above Named Persons, went towards Stephen’s-Green, where we met with Mr. Kennedy, Mr. Leeson’s Clerk, whom we Robb’d of a Ten Peney Piece, from that we proceeded to Henry-street, where we met the Deceased Gentleman, to whom I went up, and Demanded his Money, with that he moving his Arm, and I having the Pistol Cock’d, caused the same to go off, tho’ as I shall Answer my God I did not think of being his Butcher; and when I found the Pistol went off, I never staid to know whether he had Money or no, but took to my Heels as fast as I could.

Then I went to the Sign of the Black Swan in Mary’s-Lane, where I and my Comrads met; from that my Prosocuter Patrick Freel and I, went to the Country where we staid for some small Time, then I came back, and as God, who never suffers Murder to be Conceal’d, I was soon Apprehended and put to Goal, upon Suspission, where I lay as good as a Month, but a Proclamation being Isued out, concerning the Murder, he came in and made Oath that I was the Person that Shot the Councellor, which to my sorrow is True.

Having no more to say but beging the Prayers of all good Christians, I die a Roman Catholick, and in the 22d. Year of my Age, and the Lord have Mercy on my poor Soul Amen.

Dublin: Printed by C.P. 1725.


The Last Speech, Confession and Dying Words of

John Coamber

who is to be Hang’d, Drawn and Quarter’d this Day, being the 5th of this Instant May 1725. For the Murder of Councellor HOAR in Henry Street the 19th of Jan. last.
Deliver’d to the Printer hereof C. CARTER the 5th of May, and to no other, By me John Coamber. And All others are Imposing on the Publick.

All you my Spectators,

This is to give you the following Account, I was born in the Town which is Call’d Thurles, in the County of Tipperary in Munster, of very honest Parents, that brought me up in the fear of God, and Wou’d give me good Learning, but I was too Head-strong, and wou’d not be Rul’d or Guided by my tender Parents, but left ’em and went to serve a Tobacco-twister, which I work’t at for about 5 years, being weary of that I came for Dublin, being a stranger, I turn’d Porter about Cork-hill, where I stood and follow’d that business for near 3 years, all this time I behav’d my self very honestly, and was well belov’d by all that knew me, especially in the above Neighbourhood, being weary of that, I took a fancy to Cry News about this City, which in a little time, I began to get a great many pence by it, and in sometime after, I became Acquainted with Idle and loose Company, Viz. and in the process of time I came to be acquainted with particular Persons and some others who first brought me in Company among Whores to Drink and spend my Money &c. Which was the first Cause of my Destruction.

Afterwards I went of my own Accord, and follow’d the said Evil Custom and other ill Actions, then I became as obdurate and as Wicked as the worst of my Ring-leaders.

I have Reason to Curse them Idle fellows which made me first acquainted with the whores and Pick-pockets in this City, of which there is abundance too many.

But finding Money not Answering to keep the above Company, being acquainted with one David McClure who was my chief Comrade, and who made his Escape to France after the Murder was Committed, he and I stuck together, and followed a very Idle Course of Life, and we Committed several ill Facts in this City and Liberties thereof.

All our shifts not Answering, I, McClure, and Patrick Freel (who was the first Evidence against me) Resolv’d to turn Robber, but never did design to be Guilty of Murder, and did design when we got a Sum of money that was worth While, to leave the Country.

I confess, that Patrick Freel, David McClure and I went on the 19th of January last at Night, to Henry Street, with a Design to Rob, or Plunder the first Gentleman that came that way; which was the luck of that worthy honest Gentleman Councellor Hoar, though I declare before God I did not design to hurt him, or any Man else that time.

I do also Confess that I did own to the Blind Boy, Lawrence Dugan, (who was the t’other Evidence against me) that Patrick Freel, David McClure and I myself, were all Guilty of the Murder for which I now suffer, but I wonder he did not Discover, it when one Pitts and another one Hand, had like to suffer for this Murder. (emphasis added -ed.)

I further Declare, tho’ it was falsely and Scandalously Publish’d in Print, by one Mrs. Needham and her Son Dickson; that I had got Mr. Carter’s Pistols from his young Son about 8 years of Age, (we had but one Pistol among us) and as I am a Dying Man I got no such thing from the said Child, nor none of his Family, neither did I steal any such thing out of his House in my Life time.

I accused one Daniel Field and Michael Tankard falsly, which I am heartily sorry for, but it was by the Advice of Winfred Dunn and Patrick Dunn the 2 Informers, that swore against Pitts and Hand that was Try’d the last Term for this Fact.

I beg of my great God to forgive my Prosecutors, and all my Enemies, as I do forgive them from the bottom of my heart.

I hope this my untimely End will be a Warning to my Comrades, and also to all young Men, which I pray to God it may. For my own part I own I am Guilty of the Fact for which I Die, And I hope the Lord of his infinite Goodness, will have Mercy on my Soul and forgive me.

I am about 19 Years of Age I dye a Roman Catholick, and Desires the Prayers of all Good Christians, and the Lord have Mercy on my poor Soul. Amen.

JOHN COAMBER

DUBLIN: Printed by Corn. Carter. 1725.

On this day..

1821: Tommy Jemmy executes Kauquatau

On this date in 1821, a chief of the Seneca Native American nation slit the throat of a woman named Kauquatau, who had been condemned as a witch.

As Matthew Dennis explains in his book on the Seneca of the early American Republic, Seneca Possessed, the rapid march of European settlement and the Seneca’s recent and ambiguous incorporation into the newborn United States had strained the indigenous society in complex ways.

One of those reactions was a period of gendered witch-hunting in the early 19th century, especially growing out of the religious movement of the prophet Handsome Lake.

“Handsome Lake pinpointed the dangers the Seneca faced, the threats that they faced, the source of those threats, and a way … of purging his society of those who were most likely to resist his changes,” Dennis explained in this New Books Network podcast interview.

The “threat” for the instance at hand was a tribal healer who had become suspected of bewitching a man to his death — and her guilt in the same voted on by the Seneca elders. One of their number, Chief Soonongise — known as Tommy Jemmy to whites — went to her cabin on May 2, 1821, and killed her. It’s anyone’s guess whether Kauquatau realized what was happening — whether she took it as a social call or recognized her angel of death from the outset. But to New Yorkers, it was murder plain as day — and Tommy Jemmy was soon confined to a gaol to stand trial for his life.


Another reaction occasioned by the upheaval of those years, a reaction destined to emerge dramatically in this instance, was a feeling-out of the Seneca people’s position within the Anglo Republic that had engulfed it. “If the Senecas were a conquered people, as some tried to allege, the terms of their conquest were ill defined, their sovereignty, though diminished, still recognizable,” Harris writes. In these very pages we have met this ill-defined sovereignty several times: a few years on from the events of this post, the state of Georgia would defy a Supreme Court stay and execute a Cherokee man in a case turning on disputed sovereignty.*

Here in New York, Tommy Jemmy’s trial would open a different contest over the same underlying question.

Rather than attempting to deny or minimize his “crime,” Tommy Jemmy defended it as a legal execution conducted by the proper jurisdiction of Seneca laws — no matter for the interference of New York. It’s a position that appeared to have ample sympathy among Anglo New Yorkers,** who gingerly kicked the argument to a Circuit Court and thence to the New York Supreme Court which found itself thereby obliged to “a very thorough examination of all the laws, treaties, documents and public history relating to the Indians” going all the way back to the Dutch. (Cherry-Valley Gazette, Aug. 21, 1821)

What musty old scrolls could supply by precedence, the luminous Seneca orator Red Jacket brought to life in his forceful defense. Red Jacket had an expert feel for the pangs in the Anglo conscience, as one can appreciate by his retort against one obvious line of condescension.

What! Do you denounce us fools and bigots because we still believe what you yourselves believed two centuries ago? Your black-coats thundered this doctrine from the pulpit, your judges pronounced it from the bench, and sanctioned it with the formality of law; and would you now punish our unfortunate brother for adhering to the faith of his fathers and of yours? Go to Salem! Look at the records of your own government, and you will find that thousands have been executed for the very crime which has called forth the sentence of condemnation against this woman, and drawn upon her the arm of vengeance. What have our brothers done more than the rulers of your people? And what crime has this man committed, by executing in a summary way the laws of his country and the command of the Great Spirit?

It was by no means certain that Tommy Jemmy’s argument would prevail here; a literally simultaneous case in Michigan saw a native defendant make a similar jursidictional argument and still wind up on the gallows. The question in the end stood outside any existing grant of law — and it was resolved in a legally questionable way, too.

Accepting the merits of Tommy Jemmy’s position but also unwilling to render Indian power over life and death into the statutes, Tommy Jemmy was set free without any judgment and subsequently pardoned by the legislature — the pardon reversing no conviction. He was an executioner, after all.

* U.S. President Andrew Jackson vigorously supported the state in this separation-of-powers dispute: it’s the case of which he alleged to have remarked, “[Chief Justice] John Marshall has made his decision; now let him enforce it.”

** In an essay appearing in New World Orders: Violence, Sanction, and Authority in the Colonial Americas, Dennis notes the precedent here of an 1802 trial involving a Seneca man named Stiff-Armed George. Although Stiff-Armed George murdered a white victim and not on Seneca land, Red Jacket also urged a defense, successfully: “Did we ever make a treaty with the state of New-York, and agree to conform to its laws? No. We are independent from that state of New-York … we appeal to the government of the United States.” (The Seneca did have treaties with the federal government.)

They finessed the issue in the end: Stiff-Armed George was convicted, but immediately pardoned.

On this day..

1691: William Macqueen, the Irish Teague

On this date in 1691, 11 hanged publicly at Tyburn.

From the Ordinary’s Account they make a fairly typical, if voluminous, assortment: an infanticide, a drunken murderer, and thieves and highwaymen of various descriptions.

Two of these rude knights of the road were “William Selwood alias Jenkins, condemned with William Mackquean a Papist,” the latter also called “Bayley, alias the Irish Teague.” Condemned for robbery on the road, Macqueen confessed to having previously murdered a soldier in a similar encounter; they were “Old Offenders” who had previously “been Reprieved, but would not take warning.”

For the veteran robber Macqueen we have a fine instance of the facts-be-damned mythmaking characteristic of the early Newgate Calendar: his entry credits him with stealing the mace of the Lord Chancellor, an outrageous caper that different criminals really did pull off many years before. Not accidentally, our rewrite version from the Whig ascendancy also edits the identity of the Lord Chancellor involved, who perforce must seem ridiculous to have lost the emblem of his station in this manner — replacing the true victim, the moderate and forgettable Earl of Nottingham, with that hated late-Stuart bete noir (and notorious hanging judge), Lord Jeffreys.

The implicit parable of the Glorious Revolution is reinforced by what must surely be a fanciful vignette in which Macqueen mugs the Lady Auverquerque, the wife of one of the Dutch commanders who invaded England with William of Orange in 1688. Both parties involved are foreigners on English soil, and their awkwardness in that most naked transaction of gunpoint robbery has comedic effect. Presented with a confusingly veiled demand for a “loan,” the mistress seeks clarification: “I believe you had as good tell me at once you are come to rob me; for this is an odd way of borrowing.” Macqueen/Teague apologizes and manages crudely but effectively to the convey the point: “I am a stranger in this country, and so if I don’t know the difference between robbing and borrowing, you must excuse me; for all I mean is, to have your money.”

On this day..

1909: A triple execution in Chalco

The composed image in this date’s post would almost lead one to believe it posed, but Mexican campesinos Arcadio Jiménez, Hilario Silva, and Marcelino Martínez really were all shot together at Chalco on this date in 1909, for killing a policeman during the tense twilight of dictator Porfirio Diaz, on the verge of the Mexican Revolution. It’s believed to have been taken by Augustin Casasola.


From this lengthy dissertation pdf. (See the 384th page of the pdf, or page 354 as numbered within the document.)

According to Photographing the Mexican Revolution: Commitments, Testimonies, Icons, the event was luridly covered by the magazine El Imparcial, which described the execution in these words:

The bodies fell simultaneously, slowly backward, and a hoarse whisper flowed from either the enormous holes made by the bullets or their tightly pressed lips. The clothing smoked from the gunpowder, and their contractions denoted an extraordinarily cruel suffering. A death rattle, like that of a sheep with its throat cut, escaped from the three bodies. Their families sobbed, and their cries filled the countryside. Those of us who were present will never forget it.

On this day..

1896: Carl Feigenbaum, the Ripper abroad?

On this date in 1896, New York City electrocuted Carl Feigenbaum.

He’d been convicted of slaying the widow from whom he rented a room at eight cents per day … but many at the time suspected his homicidal exploits might also have traced to Whitechapel, under the dread sobriquet Jack.

We can only really be sure of the one murder: on September 1, 1894, he attacked 56-year-old Julianna Hoffman in her room on East Sixth Street, for the possible reason of robbing her. One ferocious slash with his long bread knife nearly decapitated the landlady; the disturbance roused Hoffman’s 16-year-old son who burst in on the assailant — reportedly just as Feigenbaum had his blade poised to begin horribly gouging the corpse. Both killer and witness grappled briefly and then fled from each other; Feigenbaum was arrested before the day was out.

Today you’d call the part of town East Village but back in the 1890s it was Klein Deutschland, with one of the world’s largest concentrations of Germans abroad.

Probing his client for material to use for an insanity defense,* Feigenbaum’s attorney elicited his client’s self-diagnosis that “I have for years suffered from a singular disease, which induces an all-absorbing passion; this passion manifests itself in a desire to kill and mutilate the woman who falls in my way. At such times I am unable to control myself.” That seems interesting.

It emerged that Feigenbaum had left Germany as a merchant mariner, and that profession had possibly seen his boats tied up in the Thames during the pivotal months when the Whitechapel murders took place.

In the Big Apple, the idea of modern crime’s great bogeyman throwing his demonic shadow across their very own dungeons appealed irresistibly, to nobody moreso than Fiegenbaum’s own attorney William Lawton, who reveled in his hypothesis of proximity to evil and made a silly bid for celebrity on that basis. Lawton claimed to have hit upon the Ripper idea as he pondered the meaning of Feigenbaum’s professed impulse to mutilate women.


From the St. Albans (Vt.) Daily Messenger, April 28, 1896.

The very day after his client’s electrocution, Lawton explicated the suspected connection to the press, “stak[ing] my professional reputation that if the police will trace this man’s movements carefully for the last few years their investigations will lead them to Whitechapel.” (Lawton is also the sole source of Feigenbaum’s alleged self-incrimination, quoted above: to everybody else Feigenbaum insisted on his innocence far past any possible stretch of plausibility, and even carried that insistence to the electric chair.)

Regrettably, Feigenbaum’s pre-Hoffman movements are obscure to the point where Lawton’s theory is essentially immune to corroboration (or refutation). Even when Lawton dropped his intended bombshell did his hypothesis come in for some public ribbing; the New York Tribune scoffed on April 29 of that year that Feigenbaum now being indisposed to object, all the city’s most troublesome unresolved homicides ought to be attributed to this empty cipher.

Despite the surface similarities of his aborted disemboweling to the infamous London crime spree, Feigenbaum’s case for Ripper immortality doesn’t enjoy much of a constituency today. (Trevor Marriott’s 2005 Jack the Ripper: The 21st Century Investigation is a notable exception to the skepticism.)

* Feigenbaum, who had been literally caught red-handed, ultimately did not pursue the insanity defense that was probably his only hope of avoiding the chair because he did not have enough money to hire the expert alienists who would be required to present such a case to the jury. But for a guy supposedly resource-constrained, Lawton does seem to have gone to some trouble to research the possible Ripper connection.

On this day..

1859: Oscar Jackson lynched, precipitating the Wright County War

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

The story of what would become known as the Wright County War began on September 21, 1858, when Henry A. Wallace was found lying dead in a clump of willows on his own farm, his head bashed in. He had last been seen alive on August 27, twenty-five days earlier.

Wallace’s employee, Oscar F. Jackson, was the prime suspect in his murder. Jackson had agreed to help Wallace reap his hay crop in exchange for a portion of the harvest, and on August 27 the two men had been seen working together in the fields near where Wallace’s body was later found.

Jackson showed a curious lack of concern about his boss’s disappearance. He never even bothered to tell the authorities he was missing, and when neighbors noted that Wallace hadn’t been seen in weeks and decided to launch a search, Jackson declined to join in. An impoverished sharecropper, Jackson also seemed to have become suddenly flush with cash — an oddity because like most of the residents of Wright County, Jackson was poor, still struggling to recover from the Panic of 1857. Wallace was comparatively well-off.

A grand jury indicted Jackson for his employer’s murder, but the case against him was incredibly feeble. At the trial, Jackson’s attorneys pointed out that no one had seen the murder or could even determine the day it took place, and suggested any number of people could have visited Wallace and killed him at any time during that three-and-a-half-week period that he was missing.

The jury quite rightly gave Jackson the benefit of doubt and acquitted him on April 3, 1859, after eighteen hours of deliberation.

That night, a lynch party of fifteen men chased him into the woods. Fearing for his life, Jackson fled to St. Paul.

The local citizenry — among them Henry Wallace’s brother, Hiram — were not prepared to let the matter rest. And, horrifyingly, neither was the Wright County Sheriff, George M. Bertram,* or the justice of the peace, Cyrus Chase Jenks.

Five days after Jackson’s acquittal, the three men went to find the presumed murderer in Hennepin County. There, Hiram Wallace swore out a complaint against Jackson accusing him of theft, and Jenks issued a warrant for his arrest. Never mind that Jenks did not have jurisdiction outside of Wright County: Sheriff Bertram delivered the warrant to Alfred Brackett, the deputy sheriff of Hennepin County, and asked him to serve it.

Walter N. Trenery wrote in his 1962 book, Murder in Minnesota,

Brackett found Jackson in St. Paul’s Apollo Saloon the next day. Handcuffing his prisoner, the deputy set out with him for St. Anthony by buggy. Jackson pleaded for time to call his attorney, but at first Brackett would not allow it. On the ride Jackson insisted that his arrest was based on a false charge, the purpose of which was to get him back to Rockford [in Wright County] where he would be murdered… Brackett reconsidered. When the two men reached St. Anthony, he sent word to Jackson’s counsel and persuaded the Wright County sheriff to spend the night in town before starting back to Rockford.

The implacable Sheriff Bertram

Jackson’s lawyer hastily drew up a writ of habeas corpus and before the day was out he’d served it to Sheriff Bertram. The Hon. Isaac Atwater, a Minnesota Supreme Court justice, ordered Jackson’s release on April 11. He was immediately re-arrested, however, as by then Jenks and Bertram had realized their error, gone back to Wright County and drawn up a second warrant. Jackson’s attorney responded with a second writ of habeas corpus, and on April 13, the man was ordered released again.

His friends had pooled their money and come up with enough for him to leave Minnesota forever, but for some reason Jackson returned to Rockford instead of skipping town. The residents of Wright County still wanted to lynch him, and to that end a neighbor swore out yet another phony complaint against him and yet another justice of the peace issued yet another warrant for his arrest.

A mob virtually tore Jackson’s cabin and its contents to pieces and set several fires. They surrounded the home of Jackson’s father-in-law, George Holdship, where the fugitive was reported to be hiding, and set more fires.

On April 24, Sheriff Bertram arrived at Holdship’s residence, and after he swore Jackson would not be harmed, arrested Jackson and took him away.

According to John D. Bessler’s book Legacy Of Violence: Lynch Mobs And Executions In Minnesota,

Less than half a mile from the house an armed mob overtook Sheriff Bertram’s procession. The sheriff relinquished power without resistance and rode off with the deputies, failing to even report the incident. After taunting Jackson throughout the night, the mob strung him up, even as his wife arrived to plead for mercy. Her pleas ignored, she was sent away distraught and empty-handed. The bloodthirsty mob hauled Jackson up and down times, failing to get Jackson to confess but successfully mangling his neck. Only when Jackson was hoisted up for a third time, at 2:00 P.M. on April 25, did his neck break. Jackson’s body was left dangling from a beam that protruded from Wallace’s cabin.

A coroner’s jury was called on the same day Jackson died and decided he had met with his death at the hands of some person or persons unknown. “The jury was not likely,” Trenery noted dryly, “to accuse its own members.”

But the story didn’t end there.

At the time of Oscar Jackson’s lynching, Minnesota had been a state for less than a year; it was admitted to the Union on May 11, 1858. Their first state governor, Henry Hastings Sibley, was anxious to maintain the rule of law, which had been besmirched by the Jackson outrage. One newspaper said, a tad melodramatically, “Wright County will be painted black upon the map of Minnesota — a patch of loathsome leprosy upon the fair surface of the land.”

Sibley offered a $500 reward for the arrest and conviction of anyone concerned with the lynching. It went unclaimed and the lynching started to slip away into obscurity, until July, when Oscar Jackson’s wife spotted Emery W. Moore (called “Emory” or “Aymer” in some accounts) at a gathering in Minnehaha Falls. Moore had been a member of the lynch mob, and it was his warrant that lead to Jackson’s arrest at his father-in-law’s house.

Mrs. Jackson alerted St. Paul’s chief of police, who arrested Moore for murder, and he was sent to Rockford to stand trial.

What followed, as Trenery describes it, was something of a solemn farce:

To prevent further collusion among local officials, the governor directed Charles H. Berry, the state’s attorney general, to conduct the prosecution in person. Berry opened the preliminary examination in Monticello on July 31, 1859, with an angry mob swarming about the building, shouting and threatening the agents of law enforcement. Mrs. Jackson, testifying for the prosecution, clearly and unequivocally named the leaders of the lynch mob and described the circumstances under which her husband had died. When the Wright County sheriff took the stand to explain how the mob had overwhelmed him and took Jackson from his custody, the attorney general found the sheriff’s explanation so unsatisfactory that he ordered Bertram arrested and held as an accomplice in the lynching. Berry then discovered that certain prosecution witnesses had mysteriously disappeared before they could testify, and he was forced to adjourn the hearing before it had been in session a full day.

To add insult to injury, that evening the vigilantes descended on the place where Emery Moore was confined, set him free, and melted into the darkness.

Berry returned to St. Paul and reported all this to the governor.

Fed up, Sibley declared Wright County to be “in a state of insurrection” and sent in the state militia to put a stop to mob justice and force the county officials to do their damn jobs. Three units — the Pioneer Guards, the St. Paul City Guards and the Stillwater Guards — marched in, aided by 35 special policemen.

The results were mixed. At first the militia was unable to find any members of the lynch mob, the locals just shrugged their shoulders when asked where they had gone, and the sheriff and other officials refused outright to cooperate. Only when they found out Governor Sibley was on his way over to personally take charge did the county officials “find” and arrest three suspected lynchers: Emery Moore, Hiram S. Angell, and J.E. Jenks.**

Satisfied, the governor sent the state militia home. The three-day occupation was later facetiously dubbed the Wright County War. It was a bloodless war.

The arrested men were almost immediately set free on a $500 bail, and in October, a grand jury refused to indict them. In the end, no one at all was punished for Oscar Jackson’s death, and Henry Wallace’s murder was never officially solved.

Charles Bryant groused in his History of the Upper Mississippi Valley,

And so the drama ended; the curtain fell; and the so-called “Wright county war” was a thing of the past. Its effects, however, long remained in the enormous expense incurred, which, with other criminal cases of less magnitude, created an indebtedness almost resulting in bankruptcy, and depreciating county orders to less than thirty-five cents on the dollar.

Of the principals involved in this story:

  • Sheriff Bertram left office in 1860 and was succeeded by W. Smith Brookins.
  • Cyrus Jenks died in Meeker City, Minnesota in 1897. He was almost 90 years old.
  • Governor Sibley stayed in office until 1860, and did not seek reelection. In 1862, he was appointed colonel of the Minnesota Militia and led them against the Native Americans in the Dakota War.
  • Charles Berry was later appointed as a judge in the Idaho Territory. He died in 1900.
  • Alfred Brackett fought in the Civil War, leading what would become Brackett’s Battallion, which served longer than any other Minnesota unit. The unit fought against the Confederates between 1861 and 1864, then became part of the Northwestern Indian Expedition in the Dakota Territory.
  • Hiram Angell also fought in the Civil War, with the Third Minnesota Volunteer Infantry Regiment. He died in St. Louis, Kentucky on April 5, 1862.
  • J.E. Jenks got elected to Minnesota’s House of Representatives in the 1870s and served for a year.

Nearly twenty years after Henry Wallace’s death, first his gold watch and then his rifle were found near the former site of Oscar Jackson’s cabin.

* Wright County boasts a Bertram Chain of Lakes, named for Sheriff Bertram.

** J.E. Jenks was probably Cyrus Jenks’s son; records note that Cyrus had a son named John Edwin Jenks who would have been about 22 years old in 1859, which matches J.E.’s first name and age.

On this day..

1852: Nathaniel Bowman, William Ide inspiration

This date’s anecdote, from a public domain local history, concerns the April 24, 1852 hanging of Nathaniel Bowman. Bowman has the minor distinction of being the first person executed in California’s Colusa County.

Bowman would not escape his execution but his attempt to do so summoned the offices of William B. Ide, a pioneer who had led a revolt in Mexico’s Alta California and thereafter headed the very short-lived California Republic — an affair sometimes remembered as the “Bear Flag Revolt” for the sigil still used today by the state.


The present-day California flag.

The service Ide would render his countrymen in this post was among the last of his life: he died of smallpox later in 1852.

The first legal execution in Colusa County occurred in the spring of 1852. Nathaniel Bowman was convicted of murder in the first degree for killing Levi Seigler by beating him over the head with a bottle.*

There was no jail then, and during the trial Bowman was placed under guard at Monroeville. After his conviction he nearly made good his escape. In some manner he eluded the vigilance of his guard and, still shackled, hobbled to the home of Jesse Sheppard, where he begged piteously to have his irons filed off. Sheppard, however, took him back and turned him over to the authorities at Monroeville, where he was executed soon afterwards.

This episode clearly showed the necessity of having some safe place of detention for prisoners.

With his characteristic resourcefulness in emergencies, William B. Ide met this situation also. He obtained some bar iron and bolts from San Francisco and fashioned a cage. This he placed in the shade of a great oak in front of the hotel in Monroeville, which did duty at that time as the county courthouse also. This simple expedient solved the problem until the seat of government was transferred to Colusa in 1854, whereupon Ide’s cage was removed also, to continue duty as a cell in the county jail in Colusa.

* The Sacramento News (April 27, 1852) advises that Bowman “addressed the assembled crowd, from the scaffold, and stated that it was not his intention to kill Seigler, but to beat him badly.”

On this day..

1947: Garlon Mickles, the last hanged in Hawaii


Seattle Times, April 22, 1947.

On this date in 1947, U.S. Army Private Garlon Mickles was hanged at a place called “execution gulch” in Honolulu’s Schofield Barracks.

Mickles had enlisted three years before, the 16-year-old son of a St. Louis laundress. (“Tell my mother I died like a man,” were his reported words to the chaplain.)

According to Associated Press reports, army engineers frustrated peeping eyes by “put[ting] up a smoke screen to shield the gallows from the view of the curious.”

He was convicted of raping and robbing a female War Department employee on Guam, where he was stationed with the Twentieth Air Force — from which staging-point the unit conducted bombing raids on mainland Japan. (The Enola Gay, which dropped the atomic bomb on Hiroshima, was part of the 20th.)

Mickles appears to be the last person ever executed on the Hawaiian islands, and also an unusual overlook by the Espy File of U.S. executions, from which he’s totally absent.

On this day..

2017: Ledell Lee

Moments before his death warrant expired at midnight U.S. Central Time, after a last meal consisting only of communion, Ledell Lee was executed by the U.S. state of Arkansas.

Lee spent 24 years awaiting execution for the bludgeon murder of Debra Reese on February 9, 1993, but he was done to death in a rush that left unanswered some of the most fundamental questions in the case.

Trial is the forum designated for contesting this question, of course. At Lee’s, he was represented by an unwilling defense team that repeatedly sought its own removal from the case, citing an “intolerable conflict” with their client, a conflict that paled in comparison to that of the judge, who was having an affair with a prosecuting attorney. (Multiple separate rape cases were pending against Lee at the same time, and those same conflicting attorneys were removed from those cases.)

A quarter-century on death row suggests claims litigated to the point of exhaustion, but this is not how the death penalty game is played in America. The art of execution lies in expediting a conviction and then fighting hammer and tong to maintain that verdict as a fait accompli against any attempt on appeal to litigate issues that the jury never heard. Mostly, the clocks runs for years on useless waiting or epicycles of procedural do-overs that never reach the most salient topics. The Innocence Project reports that outright exonerees (not limited to condemned prisoners) serve an average of 14 years before winning release on their various evidentiary trump cards. (Arkansas’s most famous death row exoneree,* Damien Echols, waited 17 years.)

By the time one reaches the end of the glacial death penalty process, the very refusal of the law to probe the questions it never bothered asking will have become the fault of a prisoner’s own dilatory appeals, leading — in this instance — to victim’s kin at Lee’s clemency hearing “asking you and begging you to please let us have some closure.”

In the name of closure, end-state cases must also insist on renouncing one of the potential benefits of all that time-wasting, the perspective of passing years. DNA tests that were not available when Lee stood trial for his life — and the discredited “forensic evidence” of matching hair samples was invoked against him — could have been used to examine blood spots on Lee’s shoes.** Because the prisoner maintained his innocence in the case from the time he was arrested until the very end, one of his late appeals vainly implored Arkansas to test that DNA sample. There are many cases, death penalty and otherwise, meeting this description, and most U.S. jurisdictions compulsively resist any calls to revisit testable tissue in the light of emerging DNA science as so many affronts to the majesty of law.

So what has everyone been up to while not testing DNA all those years? The Fair Punishment Project report on Lee’s post-conviction road makes depressing reading.

Lee’s first state post-conviction attorney had substance abuse problems that left him “impaired to the point of unavailability on one or more days of the Rule 37 hearing.” The Arkansas Supreme Court noted several examples of his lawyer’s “troubling behavior,” including “being unable to locate the witness room;” “repeatedly being unable to understand questions posed by the trial court or objections raised by the prosecution;” “not being familiar with his own witnesses;” and “rambling incoherently, repeatedly interjecting ‘blah, blah, blah,’ into his statements.” Unsurprisingly, Ledell lost his state-post conviction petition. Eventually, the Arkansas Supreme Court recognized that Lee received grossly inadequate representation and withdrew its opinion, giving him new counsel.

Unfortunately, his new counsel were not much better. First, they missed the filing deadline for the appeal. Then, the Arkansas Supreme Court twice, sua sponte, ordered the attorneys to submit a new brief because their filings failed to comply with Court rules — the second time, the Court referred the attorneys to the Committee on Professional Conduct. The attorneys also appear to have refused to accept their client’s phone calls and ignored his letters.

At one point, Ledell received a glimmer of hope when the Arkansas court appointed the Arkansas Federal Defender to his case. They tried to litigate a claim that Ledell is intellectually disabled. In response, the state argued that Ledell — with all of his competent representation — had procedurally defaulted this claim by not raising it before.† But before the parties could complete litigation on the claim, the Federal Defender was removed due to a conflict.

In 2016, Ledell’s local habeas attorney moved to withdraw from the case because she was retiring. She made clear that in ten years, she had done little work on the case. “I have no file on [Ledell],” she stated, despite having argued at least one of Ledell’s appeals before the Eighth Circuit. “I have no working relationship with [Ledell]. I have not seen [him] for several years. I have no relationship with [his] present counsel and have not had any working relationship with them for some time.”

In June of 2016, one of Lee’s federal habeas lawyers, Gary Brotherton, voluntarily surrendered his legal license “to prevent possible harm to clients” because he was suffering from bipolar disorder with psychotic features and anxiety. One month later, the Missouri Supreme Court suspended him from the practice of law. So, just seven months ago, in the eleventh hour of his case, Ledell received yet another lawyer on his case.

All in all, a shambolic proceedings crowned by the indignity of Arkansas’s cramming Lee into a raft of eight proposed executions — many of them now stumbling on late appeals — slated together for the last days of April for the tawdry expedient of using up the state’s lethal injection drugs before their imminent expiry. It’s a very not normal situation, and yet, it is also all too normal.

Ledell Lee was the first person executed by Arkansas since 2005.

* As we’ve previously noted, Arkansas forced Echols to make an Alford plea as the price of his release, allowing it to claim on a technicality that it had not wrongfully imprisoned an innocent man for two decades.

** The crime scene was a bloodbath, so the supposition is that the murderer would certainly have imbrued his clothes with Reese’s blood.

† Reese’s alleged intellectual disability ought to have been raised by his unwilling defenders at the trial’s mitigation stage; it appears they barely investigated it.

On this day..

1820: William Piper, drunken matricide

From the Boston Daily Advertiser and Repertory, April 26, 1820:


GEORGETOWN, (Del.) April 18 — This day, the awful sentence of the law was executed on William Piper, for matricide.

The following particulars were taken down by a person present at the time:

Early in the day a crowd was collected at the prison and another at the gallows. At 12 o’clock the tolling of the bell at the court-house announced the arrival of the time when the prisoner was about to bid adieu to earthly things. The anxiety of the people became very great, thousands crowding around the place where the gallows stood, and others pressing to see the criminal leave the prison.

The bell tolled ten minutes, when the sheriff entered the jail with the rope: 25 minutes past 12, the criminal appeared, and was assisted into the cart, and standing up with a horrible, frightened countenance he uttered the broken sentence, “Oh, all these people!”

The cart-horse was soon led off by the deputy sheriff, the guard forming around the cart and marching with charged bayonets; at 32 minutes past 12, the criminal was halted under the pole on which he was soon to be suspended.

The Rev. John Rogers addressed the people, and warned them against drunkenness; the crime, he said, that caused the criminal to do the act that had brought him to the gallows.

The Throne of Grace was then addressed in a very appropriate prayer by Mr. Hudson; after which the criminal spoke a few minutes to the congregation, declaring a knowledge of his sins &c.

The sheriff drew the cap over his face, and fastening [sic] the rope to the hook in the pole; at 13 minutes past one, the cart was moved off, and the criminal left hanging! A horrid consequence of drunkenness! Much might be said of the very trifling impression that was made on the minds of some rum drinkers that were present.

It might be proper to state, that the fatal deed was perpetrated in a state of intoxication, and after some quarrelling between him and his mother, and a blow on the head from her which drew blood, and after she had pushed him down over a chair, and a scuffle on the floor between Piper and his sister, who attempted to tie him, and after the sister had first seized upon the stick with which the fatal blows were given.

The only witness present at the beginning, stated that Piper when intoxicated, often threatened to kill his mother, but when sober he was as good to her as ever a child was.

Suffice to say, that he persisted to the last in solemnly declaring that he never had any malice against his mother, and that he was not sensible of having killed her.

He was 45 years of age.

On this day..