1773: Four convict labor escapees in Maryland

We owe this date’s post, as with a number of others on this site, to Anthony Vaver, proprietor of the superb (albeit recently dormant) Early American Crime blog.

Vaver wrote the book on pre-Revolutionary War convict transportation to the Americas, and we were directed to the men featured today in a post Vaver ran on one of the most common resistance strategies — running away.

Being shipped out of Britain to the American colonies where they faced years of involuntary labor and the prospect of being bought and sold like slaves, convicts could hardly fail to ponder the advantages of escape.

Many did more than ponder: colonial newspapers are rife with adverts for absconded convict laborers, whose descriptions of the fugitives also make for a rich source on the everyday accoutrements of the 18th century working class. Pictured here are a very few arbitrarily chosen samples of the genre:

Such self-liberation did not always entail slipping away in an unsupervised moment: more direct means were occasionally employed, a fantasy that many surely entertained counterpoised by the threat of violent state reprisal. The four men who hanged together at Frederick, Maryland, made bold to put the dream into bloody actuality.

These men had been purchased by a merchant specializing in the convict labor trade — part of “a parcel of convicts” as the New York Gazetteer matter-of-factly described it (Aug. 5, 1773) which Archibald Moffman obtained “in order to dispose of them again to advantage.”

Instead it was Moffman who was disposed of. As Moffman and his nonplussed workingman retinue traveled through Maryland,

about two or three miles on the other side of Frederick-Town, one of the servants told his master that he was too much fatigued to go any further; they therefore all rested themselves on an old tree by the side of the main road. After some time, Moffman told them they must proceed on their journey, but they refused and immediately threw him backwards over the tree, dragged him about five steps into the woods, and then cut his throat from ear to ear; took his pocket book and then went over the mountain, calling at every tavern on the road.

But while the proximity of wilderness and the mutability of identity in the 18th century potentially facilitated escape, the colonies’ sparse habitation also made it harder to disappear into the obscurity of plain sight. Maryland was one of the most populous of the New World jurisdictions with barely 200,000 souls in 1770. It wasn’t that everybody knew everybody, but at such scales one could only go so long without engaging by chance the recognition of some acquaintance or busybody.

Seen in this light, the decision of our murderous fellows to call at every tavern on the road looks a mightily ill-considered course of action for men who ought to have felt the scourge of desperation at their backs. At one of these watering-holes, someone who had noticed these convict laborers on the road recently as they accompanied the yet-unkilled Moffman now ran into them sans oversight, and made inquiries — justifiably skeptical of the “parcel’s” story that their owner was following a few leisurely clicks behind. Failing to find Moffman on his way down the road, he sent up an alarm and the cutthroat tipplers were soon detained. Confession, conviction, and execution all followed within a matter of weeks.

The newspaper stories about this quartet do not so much as mention their names.

On this day..

2009: Soheila Ghadiri

On this date in 2009, Soheila Ghadiri (or Qadiri) was one of five prisoners hanged at Tehran’s Evin Prison.

The homeless 28-year-old killed her newborn child in a possible bout of post-partum depression — telling the court (according to this German anti-death penalty site),

I ran away from my home at age 16 and married the boy I loved. He died in an accident and after that I commenced prostitution and became addicted to drugs. I contracted HIV and hepatitis. When my baby was born, I killed her because I did not want to have the same fate as me.

It’s been reported that the prosecution against her advanced in spite of the forgiveness extended her by the victim’s family; one supposes in this case that means the family of her late husband; ordinarily, under Iran’s sharia law, the victim’s family has the right to pardon an offender any time up to or even during the execution.

You’ll need Persian to understand this video blog about Soheila Ghadiri by Iranian opposition figure Azar Majedi:

On this day..

1866: Frank Ferris, a Portuguese ax murderer in New York

New York Times, Oct. 19, 1866:

FRANK FERRIS, the unfortunate man who is condemned to be executed to-day for the murder of his wife, has been positively refused a further respite by GOV. FENTON. No efforts have been spared by the Portuguese Minister, or Mr. Kintzing, his counsel, to secure a commutation of sentence to imprisonment for life. Both these gentlemen have personally importuned the Governor, but without avail, as he yesterday declared, for the last time, that he could see no reason for clemency in this case.

The murder of which FERRIS was convicted was committed on the night of the 9th of September, 1964, and seems to have been as deliberate as it was horrible. After having announced his purpose, he went to the room occupied by his wife, and after breaking in the door with an ax, beat her brains out with the same instrument. He was arrested by the side of his victim, with the murderous weapon in his hand.

He was formally indicted, tried, and, on conviction, sentenced to be hanged in April last. The case was appealed, and after a review of the proceedings he was resentenced. A respite was granted form the 17th of August until to-day, when the execution will take place.

FERRIS has been a very troublesome prisoner during his incarceration, his querulous and jealous disposition occasioning the keepers much trouble. He found fault with everybody and everything that came near him — the physicians, the keepers, his counsel, his friends, his food and his accommodation, and even so late as yesterday, repeated to our reporter the long list of fictitious grievances which have troubled his mind so much. His nature seemed to be devoid of gratitude, and for all the favors gratuitously heaped upon him by the representatives of his country, his counsel and the prison officials, he has had no word of thanks, but rather of censure.

Although he has been carefully examined by experts in reference to his sanity, and pronounced a responsible person, there are certain points upon which his perverseness would seem to amount to insanity. He says that he has forgiven all his enemies and is prepared to die, yet speaks with great bitterness regarding some of the witnesses who testified against him, and persons who have been of service to him since his arrest.

Twice since his sentence was pronounced he has been deprived of the means of self-destruction. Once he made a great fuss because he had no looking glass. One was furnished him, and shortly afterward a quantity of strychnine was found concealed between the glass and the frame. Subsequently an apple was found in his cell stuck full of matches. Matches had been furnished him for lighting his pipe, and he had stuck the ends of these, which contained the phosphorous and brimstone, into an apple, doubtless intending, when a sufficient supply of the poison was obtained, to eat the apple.

FERRIS had been attended constantly of late by Fathers DURANQUET and MCKENNA, who have endeavored to prepare him for his fate. While he talks fairly upon religious subjects, it is evident from the manner in which he converses upon other subjects, that his thoughts are “of the world worldly.” He appears in good health, is strong and vigorous, and says he will walk manfully to his death. He did contemplate making a speech under the scaffold, but at the instance of his spiritual advisers has relinquished the idea.

All the preparations for the execution are completed. The gallows — on which GONZALES and PELLICIER were hung last Friday — was erected yesterday, and the usual preliminaries arranged. During the erection of the gallows, FERRIS was removed from the condemned end of the first floor of the prison to one in the second corridor, where the sound of the carpenter’s hammer could not reach his ears. The execution will take place around 10 o’clock to-day.


New York Times, Oct. 20, 1866:

FRANK FERRIS, alias FRANCISCO FERREIRA, was executed yesterday morning at the Tombs for the murder of his wife, MARY FERRIS, on the night of Sept. 9, 1864. The murderer was a Portuguese, 36 years of age, and was a sea-faring man. His victim was an Irish woman, the mother of three children, two of them by a former husband. FERRIS was an intemperate man, of violent temper, and often had severe quarrels with his wife. Instead of contributing to the support of his wife and children, FERRIS squandered in drink the money earned by his wife by washing and ironing. He enlisted as a private soldier in a Massachusetts regiment early in 186, but after a few months’ service was discharged for disability. He returned to New York, resuming his old habits, and his wife refused to live with him. He became jealous, and in his drunken frenzy frequently threatened to take her life. Unfortunately those threats were not heeded, and the brutal murder was committed.

THE MURDER.

MARY FERRIS, the wife of FRANK FERRIS, occupied the top floor of the tenement-house, No. 31 James-street. She was living with her children apart from her husband. She is spoken of by some as a hard-working, industrious, patient woman. Others alleged, and her husband among their number, that she was a prostitute and a disorderly character. No evidence of this kind, however, was adduced at the trial, but a good character was given her.

Her husband had been striving to insinuate himself into her lodgings for weeks, and on her refusal to live with him, had beaten her repeatedly. But a short time before the murder he had assaulted her with an ax, and inflicted such wounds upon her that her life was despaired of. At the instance of her friends she procured the arrest of her husband, and on her complaint he was sentenced to the Penitentiary.

Upon the expiration of his sentence, FERRIS returned to New-York and commenced a search for his wife, but for two or three days he was unable to find her. He finally traced her to her lodgings, and on the 9th of September he called there. MRS. FERRIS was not in and he went away. He had been drinking freely, and while in the house where his wife lived he made terrible threats against her. At one place where he called on that afternoon to inquire for her, he knelt in the middle of the room and said: “I swear by the Virgin Mary and Jesus Christ that I will kill her before 9 o’clock to-night …”

He also swore that he would kill himself.

When asked what would become of his children, he replied that they could go on the island. He was observed during the day sharpening a knife on the curbstone in front of the house in which his wife lived. When MRS. FERRIS returned from her work she was informed of the threats made by her husband, and, yielding to the entreaties of her friends, she removed her children and some of her things to the room of a neighbor on a lower floor of the building, where she gave the children supper and put them to bed, intending to remain there with them.

About 8 o’clock in the evening, FERRIS, armed with a heavy, dull ax, went to his wife’s room, and finding the door fastened broke it in with the ax. Disappointed at not finding his wife within, he commenced destroying the furniture. MRS. FERRIS hearing the noise, and hoping to save her furniture, rushed up to her room despite the warnings of her friends. She found the door shut, and a few words were exchanged by her on one side of the door and him on the other. The door then opened, and the woman passed into the room. A moment later she appeared at the window, screaming “Murder, watch!”

UNDER THE GALLOWS.

Yesterday morning about 200 persons gathered within the walls of the prison to witness the execution. Capt. JOURDAN, of the Sixth precinct, was in attendance with a force of 150 policemen, for the purpose of preserving order within and without the prison. The clergymen were saying the last prayers in company with the prisoner in his cell as the spectators were assembling. Sheriff KELLY was with him also most of the morning, and superintended his dressing for the scaffold. The fatal cord was adjusted about his neck, and the black cap was fitted to his head by Mr. GEORGE ISAACS, upon whom the duty of executioner devolves.

FERRIS then bade good bye to all present, and everything being in readiness the solemn procession moved toward the gallows, FERRIS walking between Sheriff KELLY and Mr. ISAACS, preceded by the clergymen. As they emerged from the cell the condemned man began singing, in a clear and distinct voice, a Portuguese hymn, usually sung by his countrymen when the holy sacrament is being given to a dying man. He continued singing as he walked through the line of spectators, concluding the hymn as he took his place beneath the gallows.

In his hand he carried an ebony crucifix, and as he ceased singing he kissed this several times. He then knelt down between the priests, the Sheriff and his assistants kneeling also, and the last prayers were said. He then rose to his feet, and on being asked if he wished to say anything, he replied that he did. In a clear voice, but in scarcely intelligible English, he spoke as follows:

HIS LAST WORDS.

My Dear Gentlemen: I am going to die, and I am innocent of the crime for which I suffer. I do not mean I did not do it, but, though my hand is guilty, my heart is innocent. But for Father DURANQUET and the good Sisters of Mercy, I would have had more to say, and give an account of some people. Good bye, my dear brothers — Amen.

He then thanked Sheriff KELLY for his kindness to him, and resumed his position under the rope. Mr. ISAACS then pulled the black cap over his face, adjusted the rope which was around his neck to that dangling from the beam and all was ready. The Sheriff, with his handkerchief, gave the signal, and with the fall of the heavy weights behind the screen, the body of FRANK FERRIS was drawn into the air. There were a few spasmodic twitchings of the limbs, a convulsive clutching of the hands, and then all was quiet. It was just 9 o’clock and 50 minutes when the weights fell, and in fifteen minutes pulsation had ceased. The body was partially lowered and examined by several physicians, and a few minutes later was taken down and deposited in a plain coffin.

BURIAL.

The body of FERRIS is to be buried in Calvary Cemetery, the Portuguese Consul having made arrangements to that effect, and defraying the expenses of burial.

THE CHILDREN.

The orphan children of FRANK FERRIS and his murdered wife have been cared for by the Catholic charitable institutions of the City. The Sisters of Mercy have taken the two girls, and the Brothers of Mercy the little crippled boy. The injury to this child was received after the incarceration of the father, and while in the care of Mrs. FERRIS’ sister. The father manifested much affection for the boy, and not till recently, if ever, forgave his sister-in-law for her carelessness in permitting the child to fall out of a window.

On this day..

1677: John S., William Fletcher, and Robert Perkins

The Confession and Execution of the Three Prisoners suffering at Tyburn on Wednesday the 17th of October, 1677

At the Sessions of Oyer and Terminer for London, and Gaole-delivery of Newgate begun at Justice-Hall in the Old Bayly, 10 Octob. and ending on the 12 of the same Month, there were in all (as by a Printed Narrative you may already have heard) Five persons, who being Convicted on fair Tryals (per Patriam) of several capital Crimes, received Sentence of Death: But Two of them, whose Crime was stealing of two horses, appearing to be objects of mercy, as having never been concern’d in any such offences before, and seeming now extremely penitent for the same, obtained a Gracious Reprieve. The other Three were this present Wednesday 17 Octob. carryed to the place of execution, and by a shameful death surrendered their unhappie lives as Victims duely forfeited to the Justice of the Law.

These were all three old notorious offenders; two of them (taken in Gardiners-lane, Westminster) had long followed the Padd, as they called it, that is, Robbed upon the Highway: The other had made it his trade to break open houses, and pilfer away peoples Goods, being burnt in the hand but two Sessions ago: So that if such Malefactors should have longer been endured, honest Subjects would not be able either to sleep securely in their Dwellings, or travel abroad with safety on their lawful occasions; but both within doors and without, been liable to the spoils and outrages of these barbarous Savages.

To assist these poor wretches for the good of their Souls after the time of their Condemnation, the Sheriffs not onely manifested their pious Charity in sending them able Divines to instruct them, and especially Mr. Ordinary, who very laboriously discharges his weighty office on such occasions, but likewise several godly Ministers of their own accord, in Christian-compassion to their perishing condition, were pleased to visit them. Who laid before them the miserable state they were in; That now their days we [sic] numbered, nay their very hours and minutes which they had to live in this world; and yet these few minutes were all the time and opportunity they had to provide for eternity. That they were doom’d by Justice to a certain death; and though ’twas vain for them to flatter themselves with hopes of longer life in this world, yet there was means left, by a speedy, thorow, sincere and hearty repentance of their sins, and fleeing to Christ for mercy and forgiveness, to secure themselves, by vertue of his merits and righteousness, of a most happy and everlasting life in the world to come. That to such vile and sinful wretches as they had been, it was unspeakable mercy that they had yet a little space left, wherein to make peace with their God: for they might have gone on still in riot and wickedness, and been suddenly snatcht away in the very acts of their impiety Etc. These and many other pressing exhortations, together with severe threatnings to affright them and sweet promises to allure them, taken from the Word of God, were made use of, to bring them to a due sense of their sins, and to cry mightily to God for salvation. But the deaf adder refuses the voice of the charmer, charm he never so wisely All this good seed could take no root, or produce very little visible fruit on the stony ground of two of these Prisoners obdurate hearts; they not seeming (to outward appearance at least) to take that due and sensible notice of this most important counsel, as might be expected from persons in their condition. But the Spirit bloweth where it listeth. The third seemed much affected with this pious advice, and was very earnest and frequent in bewailing his sins, and condemning himself bitterly for having so wickedly mis-spent his precious time heretoforr. He acknowledged to some, that he had several years been a Thief, but not till of late upon the High-way: that at fust his Conscience would after every fact severely check him; but since custom of sinning taking away the sense, he had run on from one degree of wickedness to a greater without controul. He was very frequent in Prayer, wherein he has been heard to express himself to this effect.

Most dreadful and glorious God, though then hatest all the workers of iniquity, yet through the Mediation of they blessed son, with pity behold me a miserable sinner. Had I lived according to thy Commandments, or submitted to the Gospel of thy son, I might approach thee with the confidence of a childe: but I have been a Rebel against thee from my youth up, forgetting the God that made me, and the saviour that redeemed me, quenching and grieving the holy spirit, and slighting the endless Glory which thou hast prepared for me. Oh the precious time which I have lost, which all the world cannot call back; the wonderful love which I unthankfully rejected! How have I lived in continual acts of all kinde of Profaneness, all kind of Debanchery, whoring, swearing, Drunkenness, and especially Theft, which now has brought me to this woful, forlorn, condemned case wherein I am a shame to my friends, and burden to my self; and thou, O God, art my Terrour, who shouldot be my onely Hope and Comfort. Lord, thou knowest my secret sins, which yet are unknown to men, and all their Aggravations. Mine iniquities, Lord, have found me out; my fears and sorrows overwhelm me: a shameful death expects me in this world, and endless torments are ready to receive me in the other. But, Lord! thy Goodness is equal to thy Greatness, thy Mercy over all thy works. Good God, be merciful therefore unto me, the vilest of sinners: save me for thy abundant mercy, for the merit of thy Son, and for the promise of forgiveness which thou hast made through him; for in these alone is all my trust. Thou who didst patiently endure me when I despised thee, Oh do not refuse me now I seek unto thee, and in the dust implore thy mercy. Lord, I ask not for longer life in this world, but for life eternal; not for liberty to sin again, but for deliverance from this sinning nature, and that body of death which overwhelms me. To this purpose Lord give me thy grace to improve these few minutes, and prepare me for death and Judgement; that when I leave this world with Shame, I may be received into glory, and yeeld my departing soul with joy into the faithful hands of my Redeemer. Amen.

He behaved himself very penitently in the Cart, Prayed a considerable time by himself privately at the place of Execution; desired all people to take warning by him to avoid Idleness and Ill Company, which brought him to this Ignominious End. The other joyned in the publick Prayers, but said very little that could be heard. But all of them together suffered very patiently, and with submissive acknowledgements of the Justice of the Sentence.

(Via the invaluable Old Bailey Online)

On this day..

1736: Herry Moses, Jewish gangster

On this date in 1736, a Jewish gangster named Herry Moses was hanged as a highwayman at Vlaardingen, Netherlands.

Our source for Moses is Florike Egmond’s “Crime in Context: Jewish Involvement in Organized Crime in the Dutch Republic” from Jewish History, vol. 4, no. 1 (Spring 1989) — for whom Moses forms an window into the criminal life of Netherlands Jews. According to Egmond, Moses hailed from Frankfurt am Main, then an imperial Free City. He had no property or station, and spent the first decades of his life as a wandering beggar, a tinker, and one might guess a petty thief where the opportunity arose.

By 1723, when Moses was around 37 years old, he had washed up in the Dutch Republic — one of many Jews who had migrated to that more tolerant climate from Germany and points east.

In the Low Countries, these arrivistes filled many niches but one of the most noticeable was a burgeoning network of Jewish criminal gangs; per Egmond, in this period “between one-half and two-thirds of all Ashkenazim convicted of burglaries, theft, or robberies had been born outside the Dutch Republic.” The documentary record is far from thorough, but court cases suggest to Egmond the emergence of a small Jewish underground in the mid-17th century following the Thirty Years War, which was bolstered by subsequent immigration waves.

Jews filled plenty of more legitimate places too, of course — and we notice how diligently free of moral panic is the court that handles this minority outlaw. But the Dutch Republic endured in this period the decline of her former trading preeminence, and for the glut of new arrivals — who were sometimes legislated out of certain protected economic spheres — less legitimate occupations could not help but appeal.

Jewish gangs were accordingly quite prominent among the robbers and cutthroats prowling the roads; among other things, they were noteworthy for their willingness to raid churches, which Christian gangs tended to shy from attacking.

Similar “names, geographical background, occupation, travels, meeting places, and variable associations” populate the identifiable records of Jewish criminals, in Egmond’s words. They “were Ashkenazim, most of them poor, and a large majority were first-generation immigrants from Eastern and Central Europe.” Just as with Herry Moses.

So far as I have been able to tell, the annals do not supply us with the why in his strange story … which only deepens the intrigue of the what. Egmond:

In 1735 Herry Moses, alias Abraham Mordechai or Hessel Markus, confessed to a crime he did not commit. According to his version of the story, he murdered a Roman Catholic priest in his house in the Dutch town of Weesp and robbed him of aboug 3,000 guilders. The murder and theft were real enough, and a less scrupulous court than the schepenbank of Weesp (a high jurisdiction some twenty kilometers east of Amsterdam) might have sentenced Herry Moses to death on the strength of his confession alone. Adhering strictly to criminal procedure and confronted with some slight inconsistencies in Moses’ confession, the court tried to obtain more information. Could Moses have murdered the priest, as he declared, when standing behind the bedstead? (There was no room for a man to stand there.) Was he lying when he denounced several Jews and a Christian as his accomplices in both the murder and a burglary at The Hague? His descriptions proved accurate enough to track down some of these men and arrest them in different parts of the Netherlands, but they denied any involvement in the crimes and told the court that they did not even know their accuser. They were eventually released.

Herry Moses was interrogated a number of times during 1734 and most of 1735. Lengthy questioning yielded more detail and added more inconsistencies, but Moses continued to stand by his confession. The court, by now convinced of his innocence, saw no other solution than to torture him — not to obtain a confession but to have him retract it. Moses still did not oblige. The case was subsequently sent to a higher court (the Hof van Holland), which shared the doubts of the local court. Finally, at the end of 1735, Herry Moses was sentenced to whipping, branding, and banishment for life from the provinces of Holland and Zeeland, on account of his false accusations and his contempt for justice in general. Shortly before Herry’s sentencing — after he had been in prison for well over a year — the priest’s housekeeper and her husband confessed to having murdered the priest as well as the woman’s first husband. Both of them were sentenced to death.

As could be expected, Herry disappeared from sight after receiving his sentence, until September 1736, when he again stood trial in a Dutch criminal court. This time, there was no doubt about the indictment or the evidence. Passersby had caught him and his two accomplices in the act of attempting to strangle and rob a woman on a country road near Rotterdam. They arrived in time to save the woman’s life. Herry Moses was sentenced to death, and on 5 October 1736 was hanged at Vlaardingen.

On this day..

1872: John Barclay

On this date in 1872, John Barclay hanged in Ohio for murder — and was almost reanimated for science.

Barclay was a late-twenties knockabout of the area whom the Cincinnati Enquirer judged “does not look the diabolical murderer he is charged to be.” (“except his eyes”: from the May 23, 1872 edition, as are the subsequent quotes in this section)

Charles Garner, his victim, was a livestock merchant who specialized in supplying the Columbus butchers. On November 28, 1871, Garner headed out of Columbus rich with cash from a successful business trip. Barclay knew both Garner and the butcher with whom he was transacting business, one J.B. Rusk, and had hung about with them during the day — even holding open the bank door as Garner entered to cash Rusk’s check.

In the evening, hearing that Garner was about to depart, Barclay ducked into a nearby general store, inquired about buying a hatchet, and not being able to find a suitable one, settled for buying a yellow-handled hammer instead. Then he apparently hopped on the back of Garner’s wagon just as it set out, where a great heap of merchandise obscured him from the driver’s view.

Four miles out of town, at a bridge over Alum Creek, Barclay presented himself to his unknowing chauffeur and bludgeoned him with the hammer, “crushing in the skull so that the brain was exposed” — then fled on foot, having relieved the victim of several hundred dollars. The mortally wounded Garner somehow managed to drive the wagon to a house two miles further down the road, where he died five days later. A surgeon who attended him later testified that “brain, matter and blood [were] issuing from head and nose … a portion of forehead was an open wound; a portion of the brain was broken in and a portion lost.” Barclay would eventually confess the crime.


A most unusual postscript was appended to the execution of the hanging sentence.

Barclay willed his body to the benefit of the Starling Medical College in town, and there a local high school teacher named Thomas Corwin Mendenhall subjected it to the Frankensteinish jolts of a galvanic battery.

The dream, of course, was to reanimate the corpse altogether — although a history mused that the Supreme Court judges who also took enough interest to attend the experiment “might have to pass upon the uncanny question of Barclay’s legal status as a living person who had already suffered the death penalty.”*

Barclay hanged at 11:49 a.m.; by 12:23 p.m., his flesh was on the table under Mendenhall’s probes. Notwithstanding the dispatch of the scientists they did not accomplish his resuscitation, although the Cincinnati Commercial (Oct. 5, 1872) reported some ghoulish simulations of life:

The first test was on the spine. This caused the eyes to open, the left hand to become elevated, and the fingers to move, as if grasping for something. The hand finally fell, resting on the breast. The battery was then applied to the nerves on the face and neck, which caused the muscles of the face to move as in life. The test was next applied to the phrenic nerve of the left arm, and afterward to the sciatic nerve.

The next year, Mendenhall was hired as a physics instructor by the new Ohio Agricultural and Mechanical College in Columbus: while he would go on to a varied and widely-traveled career in the sciences, Mendenhall has the distinction of being the very first faculty member at the institution known today as Ohio State University, and the namesake of its Mendenhall Laboratory building. (Starling Medical College, site of the galvanic experiments, would also be absorbed into OSU’s college of medicine.)

* It ain’t like they’d be the only ones to ever confront that difficulty.

On this day..

1750: James Maclaine

Gentleman highwayman James MacLaine hanged at Tyburn on this date in 1750.

The debauched son of a Presbyterian minister, MacLaine wasted first an inheritance and later a dowry on expensive clothes, gambling, and ladies of easy virtue; want, however, was his ticket to the immortality of the gallows when he joined fellow penniless gentleman William Plunkett to seek his revenue on the roads. (Inspiring the 1999 film Plunkett & Macleane — which uses one of several alternate spellings available for our man’s surname.)

For several months in 1749-1750 they prowled the environs of a lawless London, and notably Hyde Park, with the exaggerated courtesy demanded by romance of their profession. They found noteworthy prey: once, they stole a blunderbuss from the Earl of Eglington, though Eglington survived to suffer a noteworthy murder years later; in November 1749, they robbed M.P. Horace Walpole, even skimming his face with a pistol-ball that was inches wide from depriving posterity of the gothic novel.*

When caught** by mischance, the mannered† Maclaine became the object of public celebration, much to the bemusement of Walpole — who professed no ill will for his assailant but wondered that “there are as many prints and pamphlets about him as about the earthquake.”

Three thousand people are reported to have turned up on a sweltering summer Sunday to pay their admiration to the rogue, not excluding the very cream of society. Walpole teased his friends, court beauty Lady Caroline Fitzroy (wife of the Earl of Harrington) and her sidekick Miss Elizabeth Ashe, for presenting themselves among these masses to starfuck this latter-day Duval. “I call them Polly and Lucy,” he wrote, alluding to female conquests of the outlaw Macheath in The Beggar’s Opera, “and asked them if he did not sing,”

Thus I stand like the Turk with his doxies around.

Maclaine did not have to borrow Macheath’s ballads, for he was celebrated with verse dedicated all to him — like this “Jemmie Maclaine”, to the tune of Derry Down:

Ye Smarts and ye Jemmies, ye Ramillie Beaux,
With golden cocked hats, and with silver laced clothes,
Who by wit and invention your pockets maintain,
Come pity the fate of poor Jemmy Maclaine,

Derry down derry, etc.

He robb’d folks genteely, he robb’d with an air,
He robb’d them so well that he always took care
My lord was not hurt and my Lady not frighted,
And instead of being hanged he deserved to be knighted!

Derry down derry, etc.

William Hogarth‘s 1751 print cycle The Four Stages of Cruelty, one skeleton overseeing the operating theater where a hanged criminal is dissected is subtly labeled — Macleane.

* Walpole once remarked of the ubiquity of violent crime in London that “one is forced to travel, even at noon, as if one was going to battle.”

** Plunkett was never apprehended; it’s alleged that he ultimately escaped to North America.

† Although our man “has been called the gentleman highwayman,” the player-hating Ordinary of Newgate wrote, “and his dress and equipage very much affected the fine gentleman, yet to a man acquainted with good breeding, that can distinguish it from impudence and affectation, there was little in his address or behaviour, that could entitle him to that character.”

On this day..

1850: Henry Leander Foote, sex crazed

On this date in 1850, Henry Leander Foote was hanged in Connecticut.

Foote was an educated man who used his time languishing in jail — there was nearly a full year between his conviction and his execution — to bestow upon the world an autobiographical narrative of his peregrinations, which the reader can peruse in its entirety at the bottom of this post. Affected with wanderlust, he struck out from home as a teenager and began a rambling career that would take him all over America.

One of his first stops was the bustling and burgeoning metropolis that will become the hub of his narrative and, as Foote conceived it, the source of his ruin — New York city. There he was introduced to the city’s vast sexual marketplace.

At the end of two or three weeks, I found myself in the city of New York. What a place for a stranger, a young man of seventeen or eighteen years of age to visit alone, without any guardian to conduct him or advise him, and warn him against evil company! I had no acquaintances except three or four young men, whom I met on board the boat, who were also from Connecticut. They were in company, all belonging to one town, and then invited me to stop at the same public house with them. I had been informed that one of them was the son of a minister of the gospel, consequently I concluded that the company was good and safe to be with. But I found, to my astonishment, that this young man was the ring leader, the rudest and wildest of the crowd. The first night I was led to the Theater, from there to the brothel, and from there to the gambling house and drinking saloon. Here we must be fashionable and have a game of cards and a bottle or two of champane. [sic] … We played and drank till sometime past midnight, when we concluded it was time to retire.

Foote is coy here and suggests that his virginal young self repelled the subsequent invitation to a brothel. Whether or not this is so, he soon became by furtive subsequent visits whose purpose he was careful to conceal from his family an intimate of the city’s many whores.

These youthsome frolics are only foreshadowing for the excuses that Foote would be obliged to make many years later in the pall of the gallows. He spent the 1830s and 1840s bouncing around the growing republic — upstate New York, westward to Cleveland and St. Louis, south to Charleston where he married but lost his wife within a year to childbirth. (The son died, too.) After that, he enlisted in the cavalry and fought in the Seminole Wars.

Foote does not give us much of his sexual adventures on these trips, but between the lines it appears that the concupiscient fornicator and the New England prude ever travel side by side with him. He ships to Rio de Janeiro and does not fail to notice that “the dress of most of the women was not much better than none, being merely a short gown, all open in the neck and breast, and reaching only half way to the knee, fastened round the waist with a belt. They would make any civilized man blush from head to foot, but they were not at all particular as to what position they happened to be in.” Nevertheless, he affects shock when “a mixed-blood, half Spanish and half Indian publican” offers him a girl for the night. (According to Foote, he did not take the girl.)

As for the army, well, it “is a most dangerous and destructive place to the morals of young men. It is a school of intemperance, profanity, licentiousness, obscene language, filthy communications, and all kinds of vile and lewd company” thanks to the degrading example of officers who “when at home, or where they are known, always assume the character of gentlemen, and presume to walk in respectable society, unite with the ‘upper ten,’ and [associate] with virtuous females, who, if they knew their true character, would turn from them with disgust.”

By 1849 we find the peripatetic Foote back in his native hamlet of Northford, Connecticut, 37 years old and again, or still, preoccupying himself with the diversions of the Tenderloin. To the best of my knowledge he is the subject of no biography save his own, and since we find that the diverse sojourns of the previous 20 years have ultimately changed neither his conduct nor even his locale, we might be excused for speculating how many adventures were contrived by the author’s hand.

Wherever it was that he had been, he was becoming a worldly denizen of the bagnio.

A few months before the murder, I spent one week in the city of crime and pollution, viz., New York. As usual on former occasions, I spent my evenings and nights in a theater, gambling house, or brothel. Also on a former visit I had attended an exhibition of nudes, or model artists, as they are termed. But at this time the company had gone to New Orleans; a few of them, however, remained in New York, with one of which I had the misfortune to become acquainted. She was an arrogant prostitute, residing in a house of the higher class. I found her at the Bowery Theater; she enticed me, and I consented to accompany her home. As we entered her room she locked the door, laid aside her upper garments, and invited me to take a glass of wine with her. She poured out two glasses, and took a phial from the drawer of her toilet, drew the cork, and pretended to drop some of the contents in her glass of wine, but not a drop did she let fall. She said it was Cream of the Valley, it would give the wine a delightful flavor, and then made a motion to drop some into my glass. But I was too wide awake for her. I knew it was some drug that might upset my ideas, so I told her to save her cream, I did not need any cream of that sort. She looked at me, and said, “you are not so green as you pretend. I gues syou understand a game or two.” I replied, “I understand enough to know the nature of your cream.” And said I, “what was your object in giving it to me?” “O,” she replied, “I was only going to give you a drop or two, to make you feel keen.” She was very proud of her perfect symmetry of form, and proceeded to make a model artist of herself again, that she might give me a clear view of her model, and also of the extra manoeuvres which she had learned in the model artist plays.

After passing the night with his model artist’s “extra manoeuvres,” Foote pinched the potion for himself thinking to deploy it for his own benefit. He first called on a prostitute who had previously robbed him, engaged her charms for the night, and administered the drug to her, thereby having leisure to rob back the lost funds (“with interest,” Foote admits) as well as to leave behind a taunting note. He also found that she, too, possessed a dose of this potent Cream of the Valley, and duly replenished his supply.

Our dissolute principal was much given to exploiting his moment of notoriety for moral grandstanding, and we again should treat his account with caution.* Another author who visited Foote and published his observations in a pamphlet titled Death Cell Scenes, Or, Notes, Sketches and Momorandums of the Last Sixteen Days and Last Night of Henry Leander Foote is by no means hostile to his subject but often notices his unbecoming worldly preoccupations when he ought to be attending his imminent death with due gravity: he “showed a singular disposition to make money even at the hazard of his soul” by cranking out paintings to sell to the gawkers come to gape at him through the prison-bars and on one occasion arrives only to be brushed off as Foote is “in the height of glory and ambition, vending pamphlets and pictures to persons surrounding his cell with as much gusto as though he had to live twenty years or more!”

He was a doomed man with a keen sense of his audience; Foote even took the trouble to pre-order his own inscribed marble tombstone. (The stone can still be seen at Northford Old Cemetery in New Haven.)

He had a gift for rationalizing and segmenting his hypocrisies, surely honed by his years alternating Puritan piety with opportunistic harlotry. At the end when it could no longer be denied, he surfaced the contradiction by way of attenuating his own guilt.

“By this and other means, the hags who keep brothels contrive to get many of their recruits,” Foote wrote of the drugs like Cream of the Valley — subtly conflating his own loss of self-control with white slavery. “And if an inexperienced young man allows himself to visit their houses once, perhaps for mere curiosity, when he is not aware of any danger, they will bewitch him in some way that will induce him to come again; and so he will continue to go until his ruin is completed. Beware, young man, and shun all such places! Once in, you insensibly lose self-command. It is not easy to resist such temptations when once poisoned. These female Satans use the very arts of old Satan himself, and some that he does not use. Once in their power, you are not your own keeper.”

Not your own keeper — even as he admits and bewails his own crime, Foote wants to convey to posterity the notion of a Jekyll-and-Hyde: that there is a Foote distinct from the murderer.

Back at Northford, “my thoughts were continually revolving upon the obscene views which I had witnessed in New York, particularly upon the model artist female … I seemed to have a bewitching anxiety to see the same again, or to see something of the same kind, and this base desire I could not overcome. A curiosity to see and examine some female in the same state of nudity was constantly haunting my mind.”

Although he’s taken the care to secret the prostitutes’ powerful draught in his trunk, it is not quite he who addresses himself to the “bewitching anxiety”: he gets drunk, and then “Satan himself was certainly busy with me, driving me on to ruin with all his power … [using] me as an instrument for the destruction of innocent life.” At length, “Satan” suggests him his young cousin Emily as the object to satisfy his base desire. Foote intercepted her on the way to school and, he said, lured her into the woods to snack on some tomatoes which he had dosed with the sleeping potion after which, you know, stuff happened. For a guy who carried out a premeditated plan to incapacitate and molest his underage kin, he sure expected to be given a lot of latitude.**

But with shame! shame! do I write it, I now proceeded to examine her person, which inflamed my baser passion to an unmanageable degree; and after my eyes were satisfied, I violated and robbed her of her virgin purity. She gave no signs of feeling except to draw one deep sigh. My brutish passion was now satisfied. I meditated upon what I had done, the criminal nature of the awfully wicked deed, the meanness of the act itself, and the base stratagem which I had employed to gratify my shameful curiosity. In the first place I had no intention of doing any thing more than to satisfy my eyes; but this created a passion so strong as to overrule all better feelings, honor, and decency. I stood over the wreck of beauty, innocence, and purity, and sincerely wished I had never seen the city of New York, or any of its bewitching female satans … my head was wild, and my heart felt as if it had turned into a great stone. I would have given half of the town had I possessed it, if I could have undone what I had done that morning. But that was impossible.

And having come this far, Foote realized if he should allow her to revive and be on her way, her story would send him to prison. “As if I almost heard an audible voice,” “something” suggested to him that he murder her. Foote floridly describes himself alternately resisting and impelled to the idea until “I acceeded [sic] to the horrible proposal, and Satan used me as an insensible instrument for his nefarious, bloody, and soul-destroying purpose.” Then Satan used him to slash Emily’s neck through the windpipe.

It’s a bit difficult to disentangle the actual or purported sequence of steps to the next murder; Foote writes of it as if he was hurled into despair by his crime and only paused from his intention of suicide to murder his mother when he reflected that the incestuous rape-murder imputed him might destroy her after he was gone. We get a somewhat different picture from the period’s newspaper accounts which suggest that he was no suspect at all when Emily first turned up missing and coolly played it as if shocked, before getting drunk and bashing mom’s head with a hammer. If you liked his story about how Satan made him rape Emily, you’ll love this.

I drank several times during the forepart of the afternoon, and about three o’clock I went to get another drunk, but the jug was missing — my mother had hid it, and it was not to be found by me. This enraged me … if she had let the liquor alone, it is possible, and not improbable, that I would have drank so much as to render me incapable of making any attempt upon her life; and thereby she might have escaped entirely. But she was often very unwise in provoking me, especially when I had liquor in my head. It was a wrong way to deal with me, to take liquor from me to prevent my drinking, for I was generally sure to go and get a larger quantity and drink so much the more. But she has many times done it, and thereby caused me to behave much worse than I should otherwise have done. Late years my mother has been very petulant towards me; whether I had been drinking or not, it seemed to be about the same. This I attributed to trouble, and the influence of opium, which induced her to pack the faults of others upon me, charge me with things of which I was entirely innocent, and find fault with me when I was not in the least to blame; and to complain of things which I knew were right.

Foote insists that he tells us all this not “for the purpose of defending or screening myself from any blame” from the matricide he committed for mom’s own benefit. Just wanted to contribute to the historical record. And then he has the chutzpah to accuse a neighbor who came running to the battered woman’s shrieks of being a big old pussy for backing away and yelling for help when threatened with the bloody hammer. This is a man who required a more forceful minister, a good psychiatrist, or a better P.R. team. Even to the last, the killer’s self-awareness only amounted to his own narcissism.

“The last act of Foote in his cell,” writes the hanged man’s companion in Death Cell Scenes, “was to make use of a quantity of mus on his hair, six cents worth of which he had ordered the night previous, besides ‘two pleasant Spanish cigars.'”

* As pertains the potion specifically, Foote cites (and perhaps may be suspected of borrowing from) the story of temperance moralizer John Bartholomew Gough, who disappeared in New York for a week in 1845 and was discovered in a whorehouse, floating in an opiate daze.

** There was a witness who heard a scream, presumably by Emily. Foote’s account essentially renders the attack “non-violent” (he says, as if to complete his travesty of Eden, that at one point she shrieked when she caught sight of a snake). It really is entirely possible that he simply perpetrated an uncomplicated wilderness rape and subsequently concocted every other convenient detail. (“No intention of doing any thing more than to satisfy my eyes” indeed.)

On this day..

1970: Hilmar “Henry Stutzbach” Swinka

East Germany executed sociopath Hilmar Swinka* on this date in 1970 for three murders in Berlin.

Swinka’s trial and execution were conducted in great secrecy — the Communist bloc being oft lothe to acknowledge such bourgeois monsters as serial sex-killers. Hans Girod describes him in his German-language study of DDR criminals, Blutspuren (Bloodstains), using the pseudonym Henry Stutzbach.

Swinka/Stutzbach wasn’t the type where you say nobody could have seen it coming.

A disaffected loner abandoned by his violent father, he dropped out of his apprenticeship and rotated unskilled jobs through his twenties while passing his time with pugilism of both the sweet science and the barroom brawl varieties.

His last job, as an assistant at a pathology institute, creepily set up his crimes — where he made a nauseating mockery of dissection by strangling and then carving open two ex-lovers on February 13, 1969. The next day, Swinka honored St. Valentine by doing the same thing to his lawfully wedded wife.

Swinka was shot at a secret execution facility in Leipzig, by Hermann Lorenz — East Germany’s last executioner.


There’s a truncated version of this documentary about the Leipzig death chambers here.

* The surname means pig in Slavic languages.

On this day..

1891: Ed Leeper and James Powell

The Ballad of Leeper and Powell

Come all my friends and near relations;
Come and listen unto me.
I will sing about two men,
About two men that’s to be hung.

‘Twas on the eighteenth night of December,
In eighteen hundred ninety-five,*
‘Twas the night they did the murder
For which they had to give their lives.

One says, “Father and dear mother,
Won’t you both remember me,
When I’m dead and gone forever,
And my face no more you’ll see?”

“We were held long in this prison —
No one came to go our bail** —
God will aid and assist us
Now to break the Gatesville jail.”

And when started from that prison
And the guards surrounded them —
“I must die and I’m not guilty,”†
‘Twas the answer Jim made then.

Ed was tall and fair complected;
Jim was low and very neat.
They were pale and very silent,
And their lips did seem to meet.

One says, “Lord, oh, do have mercy
On those who swore my life away.”
They tied their wrists and their ankles,
Placed black caps upon their heads.

The trapdoor fell and left them hanging,
Between the earth and the sky.
It was for a dreadful murder
These two men were made to die.

They’s cut down, placed in their coffins,
Delivered over to their friends,
Who were there for that purpose,
To receive them at their end.

Come all young men, now take warning;
Live, oh, live a sober life.

* The crime(s) for which Leeper and Powell hanged actually occurred on the evening of December 17, in 1889. Two armed outlaws waylaid some farmers returning to the country after they sold their cotton in Gatesville; a J.T. Mathis was mortally wounded in the resulting firefights, lingering until December 18 before he finally succumbed. (Another man named W.H.H. Harvey was wounded, but survived.)

** Actually, Ed Leeper’s mother was a prosperous Tennessee matron who spent liberally on her son’s defense; the men’s appeals, even challenging the legality of the entire Texas penal code, went all the way to the U.S. Supreme Court — quite unusual for the time. But it is correct that they did not have bail: the enormity of the crime, and the fear of inviting a lynch mob, saw them behind bars and under heavy guard from the time of their arrest hours after the robbery.

This is not to say that Mrs. Leeper’s efforts were wholly without effect:

Newspaper article describing the death of a prosecuting attorney who was injured returning by train from Austin 'on the Leeper and Powell business'.
From the Dallas Morning News, September 30, 1891.

† Since the attack took place under cover of darkness, nobody could positively identify the assailants. Leeper and Powell, well-known local ruffians, were suspected at once and the suspicion appeared circumstantially supported.

Both men did continue to assert their innocence on the scaffold: “I die innocent and I die game for the crime of some one else,” in Powell’s words. (Dallas Morning News, September 30, 1891)

On this day..