1917: James Smith, Early One Morning

One hundred years ago today, a Bolton private (formerly lance corporal) named James Smith fell to his countrymen’s guns on Belgian soil during World War I.

A career soldier since 1909, Smith had served honorably in India and Egypt before the war. He had the hardiness and luck to survive Gallipoli and the Somme — but their horrors broke him mentally.

According to this biography, “Jimmy almost lost his life on the Somme on 11 October 1916 when a German artillery shell exploded, burying him alive and causing a shrapnel wound ‘the size of a fist’ on his right shoulder.” When he returned from two months’ convalescence leave his mates could see that shellshock had destroyed the old Jimmy Smith.

Erratic behavior that cost him his good conduct badges culminated in a break on July 30, 1917, the eve of the frightful Battle of Passchendaele, when Smith deserted his post and disappeared from the front — to be found later, wandering in a nearby town. In World War I, such an offense invited the brass to make an example of you.

Smith’s own comrades from the 17th Battalion King’s Liverpool Regiment were drafted into the firing squad. Pitying their victim, the executioners pulled their shots and missed the target, only succeeding in wounding the brutalized private. When the firing squad commander faltered at his duty to deliver the coup de grace, the task monstrously fell on a close friend of Smith’s, Private Richard Blundell, to press the revolver to Smith’s temple and blow out his brains. For its service to the war effort, the firing detail got 10 days’ R&R … and a lifetime of shame.

In the weeks before his own death, in February 1989, Blundell was often heard by his son, William, to murmur deliriously: ‘What a way to get leave, what a way to get leave.’

According to historian Graham Maddocks, in his book Liverpool Pals, William Blundell asked his father in a more lucid moment what he meant.

Still desperately upset seven decades after the incident, the dying Richard told his son what had happened. It was clear, that as he faced his own death, Richard had never forgiven himself.

Jimmy Smith was the subject of a 1998 play, Early One Morning.

On this day..

1942: Tom Williams, IRA martyr

Irish revolutionary Tom Williams was hanged at Belfast’s Crumlin Road Gaol on this date in 1942.

A plaque at 46 Bombay Street in Belfast marks the home Tom Williams shared with his grandmother.

The 19-year-old Belfast Catholic had been the chief of a six-man Irish Republican Army team that mounted an Easter Sunday attack intended to divert Northern Ireland’s Royal Ulster Constabulary from preventing Republican marches to commemorate the Easter Rising. The attack killed an RUC officer, and all six IRA men were arrested and sentenced to death.

As the acknowledged leader, Williams alone paid that forfeit; the five others all had their sentences commuted. (Notably, their number included 21-year-old Joe Cahill, who was destined for an illustrious career in the movement; he would go on to co-found the Provisional IRA in 1969, and to become a prominent exponent of the peace process in the 1990s.)

“Tom Williams walked to that scaffold without a tremor in his body. The only people who were shaking were us and the hangman,” his priest said later that day. “I’ve one other thing to say to you. Don’t pray for Tom Williams, pray to him, for at this moment Tom is a saint in heaven.”

That’s about the size of Williams’s place in the Republican memory. After the prison was closed, Williams was reburied with honors (Gerry Adams attended) in 2000. He’s commemorated in a ballad.

Tom Williams (Irish republican) from REBELS OF IRELAND on Vimeo.

On this day..

1741: John Ury, schoolmaster

Colonial New York’s summer 1741 slave rebellion panic* drew to a close on this date with the execution of the alleged Catholic priest John Ury.

The supposed plot to fire the city, whose reality and extent have been questioned ever since, had seen some 30 souls to the gallows and stakes these past four months after a suspicious series of fires hit the city in the spring.

The original supposed spider at the center of the web of was a white innkeep called John Hughson, who kept a raucous tavern frequented by blacks — and also kept a serving-girl named Mary Burton, the “eyewitness” who would become the inquisitor-judge Daniel Horsmanden‘s faithful familiar throughout the trials, conjuring every new accusation required of the next plot twist.

But even as Hughson was executed in June, the compounding accusations of people in fear of their lives had driven the story past the confines of his humble tavern, all the way to the capitals of the European powers against whom England was fighting a New World naval war. Jill LePore in New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan characterizes four Venn-patterned seditions that investigators perceived over the course of these months:

  • Hughson’s Plot, centered on the publican and his establishment;
  • The Negro Plot, extending well beyond Hughson’s circle to compass perhaps the majority of black people in New York;
  • The Spanish Plot, a foreign plan — possibly coordinated with an internal slave rising — to destroy New York or seize her for Spain; and,
  • The Catholic Plot.

It was the last of these, perfectly calibrated for the Anglo id, that would gather all the other strands together. What hand could unite the threats within and without? The priest. Who moved conspiratorially among Englishmen while obeying the dictates of a foreign potentate? The priest. Who gave men the boldness to murder their masters through his promise of absolving worldly sin? The priest.

The confusing — the incoherent — unfolding of trials that summer became marvelously clarified once apprehended as a Catholic intrigue; maybe the only wonder was that this decisive reveal emerged so late. The prosecutor of the trial that concerns us in this post would say as much in his summation:

Though this work of darkness, in the contrivance of a horrible plot, to burn and destroy this city, has manifested itself in many blazing effects, to the terror and amazement of us all; yet the secret springs of this mischief lay long concealed: this destructive scene has opened by slow degrees: but now, gentlemen, we have at length great reason to conclude, that it took its rise from a foreign influence; and that it originally depended upon causes, that we ourselves little thought of, and which, perhaps, very few of the inferior and subordinate agents were intimately acquainted with.

Gentlemen, if the evidence you have heard is sufficient to produce a general conviction that the late fires in this city, and the murderous design against its inhabitants, are the effects of a Spanish and popish plot, then the mystery of this iniquity, which has so much puzzled us, is unveiled, and our admiration ceases: all the mischiefs we have suffered or been threatened with, are but a sprout from that evil root, a small stream from that overflowing fountain of destruction, that has often deluged the earth with slaughter and blood, and spread ruin and desolation far and wide.

It might have been a warning letter sent by governor of Georgia, James Oglethorpe, that prepared this popish cast to events. “Some intelligence I had of a villainous design of a very extraordinary nature, if true, very important, viz. that the Spaniards had employed emissaries to burn all the magazines and considerable towns in the English North-America,” Oglethorpe wrote in May of 1741. And who were these “emissaries”? “Many priests were employed, who pretended to be physicians, dancing-masters, and other such kinds of occupations; and under that pretence to get admittance and confidence in families.”

These few words would prove a death warrant.

Days after Oglethorpe’s letter arrived to New York, a Manhattan newcomer named John Ury was taken up as a suspected undercover priest — appearing to fit Oglethorpe’s description for he had advertised himself a schoolmaster “pretending to teach Greek and Latin.” Latin!

Mary Burton, the Hughsons’ servant turned stool pigeon for all seasons, revised her original depositions averring that she had never seen white people besides her own household at Hughson’s nefarious negro gatherings and now conveniently remembered that this guy named Ury or Jury “used to come there almost every night, and sometimes used to lie there.” And he was Catholicizing the slaves as he inducted them into a spectacular conspiracy. How could I have forgotten to mention it?!

“Corroborating” testimony to this same effect would also be wrenched from the white soldier William Kane … when Mary’s fabrications against Kane forced him to choose between joining his accuser in perjury or joining slaves at the gallows. And the case was cinched by John Hughson’s miserable daughter Sarah, who spent that entire summer suspended between life and death before she was finally pardoned on the very morning of John Ury’s trial — an expedient necessary to clear the reluctant but desperate young woman to provide evidence against the “priest.”

Ury denied being Catholic at all; he defended himself vigorously in a nine-hour trial and clowned his accuser on cross-examination:

Prisoner: You say you have seen me several times at Hughson’s, what clothes did I usually wear?

Mary Burton: I cannot tell what clothes you wore particularly.

Prisoner: That is strange, and [k]now me so well.

Furthermore, Ury noted, he had been forewarned of the suspicions against him but not attempted to flee. Plus, what about all those people who had been executed since May? “The negro who confessed as it is said that he set fire to the fort did not mention me in all his confession doubtless he would not have neglected and passed over such a person as I am said to be … neither Huson his wife nor the creature that was hanged with them and all that have been put to death since did not once name me.”

Show trials are not proper venues for defenses, of course. If anything can be said on behalf of Ury’s appalling prosecution, it is that the production of an arch-villain permitted the final closure of a terrorist-hunt that weeks before had seemed on the verge of becoming a literal hecatomb. Horsmanden’s senior colleague on the bench, James De Lancey, had shown keen to wrap things up; at the same time, as an Atlantic oligarch, he likely viewed the foreign threat of the Spanish and/or Catholic plot far more gravely. From either perspective, Ury’s death was a fit end to the scene.

Ury was hanged on August 29, 1741, a month to the day after his trial. (He was originally to have shared his gallows with the Spaniard Juan de la Silva on August 15, but had been respited.) The freelance teacher turned infernal mastermind prepared a written vindication of himself for a friend, and at the gallows he “repeated somewhat of the substance of it before he was turned of.” Here it is:

Fellow Christians —

I am now going to suffer a death attended with ignominy and pain; but it is the cup that my heavenly father has put into my hand, and I drink it with pleasure; it is the cross of my dear redeemer, I bear it with alacrity; knowing that all that live godly in Christ Jesus, must suffer persecution; and we must be made in some degree partakers of his sufferings before we can share in the glories of his resurrection: for he went not up to glory before he ascended Mount Calvary; did not wear the crown of glory before the crown of thorns.

And I am to appear before an awful and tremendous God, a being of infinite purity and unerring justice, a God who by no means will clear the guilty, that cannot be reconciled either to sin or sinners; now this is the being at whose bar I am to stand, in the presence of this God, the possessor of heaven and earth, I lift up my hands and solemnly protest I am innocent of what is laid to my charge: I appeal to the great God for my non-knowledge of Hewson [sic], his wife, or the creature that was hanged with them, I never saw them living, dying, or dead; nor never had I any knowledge or confederacy with white or black as to any plot; and upon the memorials of the body and blood of my dearest lord, in the creatures of bread and wine, in which I have commemorated the love of my dying lord, I protest that the witnesses are perjured; I never knew the perjured witnesses but at my trial.

But for the removal of all scruples that may arise after my death I shall give my thoughts on some points.

First — I firmly believe and attest, that it is not in the power of man to forgive sin; that it is the prerogative only of the great God to dispense pardon for sins; and that those who dare pretend to such a power, do in some degree commit that great and unpardonable sin, the sin against the Holy Spirit, because they pretend to that power which their own consciences proclaim to be a lie.

Again, I solemnly attest and believe, that a person having committed crimes that have or might have proved hurtful or destructive to the peace of society, and does not discover the whole scheme, and all the persons concerned with them, cannot obtain pardon from God: and it is not the taking any oath or oaths that ought to hinder him from confessing his guilt, and all that he knows about it; for such obligations are not only sinful, but unpardonable, if not broken: now a person firmly believing this, and knowing that an eternal state of happiness or misery depends upon the performance or non-performance of the above-mentioned things, cannot, will not trifle with such important affairs.

I have not more to say by way of clearing my innocence, knowing that to a true Christian unprejudiced mind, I must appear guiltless; but however, I am not very solicitous about it. I rejoice, and it is now my comfort (and that will support me and protect me from the crowd of evil spirits that I must meet with in my flight to the region of bliss assigned me) that my conscience speaks peace to me.

Indeed, it may be shocking to some serious Christians, that the holy God should suffer innocence to be slain by the hands of cruel and bloody persons; (I mean the witnesses who swore against me at my trial), indeed, there may be reasons assigned for it; but, as they may be liable to objections, I decline them; and shall only say, that this is one of the dark providences of the great God, in his wise, just and good government of this lower earth.

In fine, I depart this waste, this howling wilderness, with a mind serene, free from all malice, with a forgiving spirit, so far as the gospel of my dear and only redeemer obliges and enjoins me to, hoping and praying, that Jesus, who alone is the giver of repentance, will convince, conquer and enlighten my murderers’ souls, that they may publicly confess their horrid wickedness before God and the world, so that their souls may be saved in the day of the Lord Jesus.

And now, a word of advice to you, spectators: behold me launching into eternity; seriously, solemnly view me, and ask yourselves severally, how stands the case with me? die I must: am I prepared to meet my Lord when the midnight cry is echoed forth? shall I then have the wedding garment on? Oh, sinners! trifle no longer; consider life hangs on a thread; here to-day and gone to-morrow; forsake your sins ere ye be forsaken forever: hearken, now is God awfully calling you to repent, warning you by me, his minister and prisoner, to embrace Jesus, to take, to lay hold on him for your alone savior, in order to escape the wrath to come; no longer delay, seeing the summons may come before ye are aware, and you standing before the bar of a God who is consuming fire out of the Lord Jesus Christ, should be hurled, be doomed to that place, where their worm dies not, and their fire is never to be quenched.

* Longtime readers may recall that the series to which this post belongs ran last year. Embarrassingly I lost track of the date, and in the almanac form the calendar is unforgiving.

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1811: Five at Shrewsbury, “but a ten minutes job”

(Thanks to Quaker humanitarian William Allen for the guest post, originally published in Allen’s early 19th century periodical The Philanthropist — a journal intended “to stimlate to virtue and active benevolence, by pointing out to those who have the disposition and the power the means of gratifying the best feelings of the heart.” We dated the quintuple hanging referred to via CapitalPunishmentUK.org. -ed.)

Remarks on a late Execution at Shrewsbury

As one object of THE PHILANTHROPIST is to diffuse knowledge respecting capital punishment, it may, perhaps, afford a place for the following particulars.

At the last Shrewsbury assizes, George Taylor, aged 43, William Turner, aged 53, Abraham Whitehouse, aged 23, James Baker, aged 19, and Isaac Hickman, aged 19, were, convicted of burglariously breaking into a dwelling-house, and stealing some bank notes and other articles of value. They were all left for death. The three first were considered as old offenders. The two others, however, were understood to have borne a good character; their parents were said to be respectable; the offence, as far as appeared, was the first they had committed; and they were only nineteen.

A general persuasion therefore prevailed, that these unfortunate youths would be permitted to live. Under this impression, it seems, some kind-hearted person, a stranger to them, climbed to the top of the wall overlooking the press yard behind the Shire-hall, where the prisoners were waiting on the day of their condemnation, and cried out, “You are all condemned, but only three of you will suffer.”

The poor young fellows eagerly embraced the assurance. They knew how often mercy was extended to persons under sentence of death, and could not suppose they should be selected as fit objects of peculiar severity.

While they were comforting themselves in confinement with the daily hope of a reprieve, the time appointed for the execution drew near. Two days before that time, one of them received a message from his mother, intended to console him under the expectation of a miserable death, that she would send to fetch away his body! Not till then, had they given themselves up for lost. But from that moment all hope was over. From that moment they had but two days — two days of consternation and despair, to fit themselves for death and eternity. Those two days, the shortest they had ever known, were but too soon gone. The morning of execution came. On that day, the five prisoners, even the two lads of nineteen, were all hanged! The two poor fellows who were executed together, immediately as the drop fell from under them, caught hold of each other’s hands, and expired in a mutual embrace! What a feeling has pervaded the county, among all who could feel, hardly need be described.

The extraordinary circumstance of five men being executed at once, for one offence, attracted vast multitudes of people, of the lower order, from all parts of the country. To see five of their fellow creatures hanged, was as good as a horse-race, a boxing-match, or a bull-baiting. If nothing was intended but to amuse the rabble, at a great loss of their time and a considerable expense, the design was undoubtedly effected. If a public entertainment was not the object, it may be asked, What benefit has a single individual derived from beholding the destruction of these miserable victims? Perhaps that question may be answered by stating, that many of the spectators immediately afterwards got intoxicated, and some cried out to their companions, with a significant gesture in allusion to the mode of punishment, “It is but a ten minutes job!” If such is the sentiment excited on the very spot, it cannot be supposed to be more salutary at a distance; and notwithstanding the sacrifice of these five men, the people of Shropshire must still fasten their doors.

But if, on the other hand, in time to come, a compassionate Shropshire jury should rather acquit some unhappy young culprit, when charged with a capital felony, and suffer hm to go unpunished, rather than consign him to the executioner, — if house-breakers should learn to think lightly of human life, and adopt the precaution of committing a murder the next time they commit a robbery, since the danger of detection would be less, and the punishment no greater, — what will the inhabitants of the county have to thank for it, but this very spectacle! — a spectacle which cannot soften one heart, but may harden many; which confounds moral distinctions, and draws away public indignation from the guilt of the offender, to turn it against the severity of the law.

On this day..

1831: Edward Hogsden, rapist father

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

On this day in 1831, Edward Hogsden (some reports call him “Hodgson”) was executed for rape in Surrey, England.

He’d committed the crime on July 27, less than a month earlier; the victim was his own seventeen-year-old daughter, Harriet. The story is told in Martin Baggoley’s book Surrey Executions: A Complete List of those Hanged in the County during the Nineteenth Century.

Hogsden’s mother had died, and on the night before the attack that brought him to the gallows Hogsden kept a dolorous vigil at the cemetery to keep body-snatchers from violating her grave. Harriet’s mother, as per her usual routine, got up and left for work at 4:00 a.m.; both she and her husband were employed by a local farmer.

Two hours later, Harriet awoke as her father was returning home. At the time, she was lying in bed with her baby — “the offspring, as the girl swore, of a former forced connexion with her unnatural parent.” (The Newgate Calendar*) A few minutes after he arrived, Edward crawled into Harriet’s bed, demanding sex. She begged him to leave her alone and said she could not stand to bear another of his children.

But Edward was without mercy. He raped her, threatening to kill her if she made any noise, and as he left her to go to work he told her that as far as he was concerned both she and the baby could drown.

It was the last straw for Harriet: she had her sister summon their mother and finally confided in her about the abuse she’d been enduring for much of her life. Horrified, Harriet’s mother summoned the magistrate, who had Hogsden arrested.

“I admit I had connection with her,” Hogsden told the authorities, “but she was always agreeable.”

At his trial, Hogsden maintained that Harriet wasn’t his biological child; that their shocking relationship had always been consensual; and that, come on, who’d be in an incestuous mood after passing the whole night contemplating mom’s bones? He charged that his daughter was revenging herself after papa Hogsden caught her in bed with another man and threw him out of the house.

“Nevertheless,” notes Baggoley,

he acknowledged he had been having sex with her since she was nine years old. Clearly nobody believed his account, or that Harriet was not his natural daughter, or that she had willingly agreed to comply with his demands that day or in the past.

The Newgate Calendar concluded,

We shall abstain from adding any further account of the life of this diabolical ruffian, exhibiting as its circumstances do a degree of sinfulness and crime not exceeded by any of those bloodthirsty murderers whose offences it is our duty to describe.

Nothing further is known of the fate of Harriet Hogsden, or her baby.

* Displaying its customarily cavalier regard for detail, the Newgate Calendar pegs the hanging to August 21, which was a Sunday in 1831. The correct date is August 22.

On this day..

1746: Lords Kilmarnock and Balmerino, Jacobites

(Thanks to prolific litterateur and Whig M.P. Horace Walpole for the correspondence we repurpose here as a guest post on the beheadings of Lords Kilmarnock and Balmerino. Both men were captured upon the great wreck at Culloden of the 1745 Jacobite Rebellion. In the service of readability we’ve taken the liberty of adding line breaks and eliding Walpole’s observations on general news and society gossip not touching the Jacobite trials.)

TO SIR HORACE MANN.

Arlington Street, Aug. 1, 1746.

I am this moment come from the conclusion of the greatest and most melancholy scene I ever yet saw you will easily guess it was the trials of the rebel Lords. As it was the most interesting sight, it was the most solemn and fine: a coronation is a puppet-show, and all the splendour of it idle; but this sight at once feasted one’s eyes and engaged all one’s passions.

It began last Monday; three parts of Westminster-hall were inclosed with galleries, and hung with scarlet; and the whole ceremony was conducted with the most awful solemnity and decency, except in the one point of leaving the prisoners at the bar, amidst the idle curiosity of some crowd, and even with the witnesses who had sworn against them, while the Lords adjourned to their own House to consult.

No part of the royal family was there, which was a proper regard to the unhappy men, who were become their victims.

One hundred and thirty-nine Lords were present, and made a noble sight on their benches frequent and full! The Chancellor was Lord High Steward; but though a most comely personage with a fine voice, his behaviour was mean, curiously searching for occasion to bow to the minister that is no peer, and consequently applying to the other ministers, in a manner, for their orders; and not even ready at the ceremonial. To the prisoners he was peevish; and instead of keeping up to the humane dignity of the law of England, whose character it is to point out favour to the criminal, he crossed them, and almost scolded at any offer they made towards defence.

I had armed myself with all the resolution I could, with the thought of their crimes and of the danger past, and was assisted by the sight of the Marquis of Lothian in weepers for his son who fell at Culloden — but the first appearance of the prisoners shocked me! their behaviour melted me!

Lord Kilmarnock and Lord Cromartie are both past forty, but look younger.

Lord Kilmarnock is tall and slender, with an extreme fine person: his behaviour a most just mixture between dignity and submission; if in any thing to be reprehended, a little affected, and his hair too exactly dressed for a man in his situation; but when I say this, it is not to find fault with him, but to show how little fault there was to be found.

Lord Cromartie is an indifferent figure, appeared much dejected, and rather sullen: he dropped a few tears the first day, and swooned as soon as he got back to his cell.

For Lord Balmerino, he is the most natural brave old fellow I ever saw: the highest intrepidity, even to indifference. At the bar he behaved like a soldier and a man; in the intervals of form, with carelessness and humour.

He pressed extremely to have his wife, his pretty Peggy, with him in the Tower. Lady Cromartie only sees her husband through the grate, not choosing to be shut up with him, as she thinks she can serve him better by her intercession without: she is big with child and very handsome; so are their daughters.

When they were to be brought from the Tower in separate coaches, there was some dispute in which the axe must go — old Balmerino cried, “Come, come, put it with me.” At the bar, he plays with his fingers upon the axe, while he talks to the gentleman-gaoler; and one day somebody coming up to listen, he took the blade and held it like a fan between their faces. During the trial, a little boy was near him, but not tall enough to see; he made room for the child and placed him near himself.

When the trial began, the two Earls pleaded guilty; Balmerino not guilty, saying he could prove his not being at the taking of the castle of Carlisle, as was laid in the indictment.

Then the King’s counsel opened, and Serjeant Skinner pronounced the most absurd speech imaginable; and mentioned the Duke of Perth, “who,” said he, “I see by the papers is dead.”

Then some witnesses were examined, whom afterwards the old hero shook cordially by the hand.

The Lords withdrew to their House, and returning demanded, of the judges, whether one point not being proved, though all the rest were, the indictment was false? to which they unanimously answered in the negative. Then the Lord High Steward asked the Peers severally, whether Lord Balmerino was guilty! All said, “guilty upon honour,” and then adjourned, the prisoner having begged pardon for giving them so much trouble.

While the lords were withdrawn, the Solicitor-General Murray (brother of the Pretender‘s minister) officiously and insolently went up to Lord Balmerino, and asked him, how he could give the Lords so much trouble, when his solicitor had informed him that his plea could be of no use to him Balmerino asked the bystanders who this person was and being told, he said, “Oh, Mr. Murray! I am extremely glad to see you; I have been with several of your relations; the good lady, your mother, was of great use to us at Perth.”

Are not you charmed with this speech? how just it was as he went away, he said, “They call me Jacobite; I am no more a Jacobite than any that tried me: but if the Great Mogul had set up his standard, I should have followed it, for I could not starve.” The worst of his case is, that after the battle of Dumblain, having a company in the Duke of Argyll‘s regiment, he deserted with it to the rebels, and has since been pardoned. Lord Kilmarnock is a presbyterian, with four earldoms in him, but so poor since Lord Wilmington’s stopping a pension that my father had given him, that he often wanted a dinner.

Cromartie was receiver of the rents of the King’s second son in Scotland, which, it was understood, he should not account for; and by that means had six hundred a-year from the Government: Lord Elibank, a very prating, impertinent Jacobite, was bound for him in nine thousand pounds, for which the Duke is determined to sue him.

When the Peers were going to vote, Lord Foley withdrew, as too well a wisher; Lord Moray, as nephew of Lord Balmerino — and Lord Stair — as, I believe, uncle to his great-grandfather. Lord Windsor, very affectedly, said, “I am sorry I must say, guilty upon my honour.” Lord Stamford would not answer to the name of Henry, having been christened Harry — what a great way of thinking on such an occasion! I was diverted too with old Norsa, the father of my brother’s concubine, an old Jew that kept a tavern; my brother, as auditor of the exchequer, has a gallery along one whole side of the court: I said, “I really feel for the prisoners!” old Issachar replied, “Feel for them! pray, if they had succeeded, what would have become of all us?”

When my Lady Townshend heard her husband vote, she said, “I always knew my Lord was guilty, but I never thought he would own it upon his honour.” Lord Balmerino said, that one of his reasons for pleading not guilty, was, that so many ladies might not be disappointed of their show.

On Wednesday they were again brought to Westminster-hall, to receive sentence; and being asked what they had to say, Lord Kilmarnock, with a very fine voice, read a very fine speech, confessing the extent of his crime, but offering his principles as some alleviation, having his eldest son (his second unluckily was with him,) in the Duke’s army, fighting for the liberties of his country at Culloden, where his unhappy father was in arms to destroy them.

He insisted much on his tenderness to the English prisoners, which some deny, and say that he was the man who proposed their being put to death, when General Stapleton urged that he was come to fight, and not to butcher; and that if they acted any such barbarity, he would leave them with all his men. He very artfully mentioned Van Hoey’s letter, and said how much he should scorn to owe his life to such intercession.

Lord Cromartie spoke much shorter, and so low, that he was not heard but by those who sat very near him; but they prefer his speech to the other. He mentioned his misfortune in having drawn in his eldest son, who is prisoner with him; and concluded with saying, “If no part of this bitter cup must pass from me, not mine, O God, but thy will be done!” If he had pleaded not guilty, there was ready to be produced against him a paper signed with his own hand, for putting the English prisoners to death. Lord Leicester went up to the Duke of Newcastle, and said, “I never heard so great an orator as Lord Kilmarnock; if I was your grace, I would pardon him, and make him paymaster.”

That morning a paper had been sent to the lieutenant of the Tower for the prisoners; he gave it to Lord Cornwallis, the governor, who carried it to the House of Lords. It was a plea for the prisoners, objecting that the late act for regulating the trial of rebels did not take place till after their crime was committed. The Lords very tenderly and rightly sent this plea to them, of which, as you have seen, the two Earls did not make use; but old Balmerino did, and demanded council on it. The High Steward, almost in a passion, told him, that when he had been offered council, he did not accept it. Do but think on the ridicule of sending them the plea, and then denying them council on it! The Duke of Newcastle, who never lets slip an opportunity of being absurd, took it up as a ministerial point, in defence of his creature the Chancellor; but Lord Granville moved, according to order, to adjourn to debate in the chamber of Parliament, where the Duke of Bedford and many others spoke warmly for their having council; and it was granted. I said their, because the plea would have saved them all, and affected nine rebels who had been hanged that very morning; particularly one Morgan, a poetical lawyer.

Lord Balmerino asked for Forester and Wilbraham; the latter a very able lawyer in the House of Commons, who, the Chancellor said privately, he was sure would as soon be hanged as plead such a cause. But he came as council to-day (the third day), when Lord Balmerino gave up his plea as invalid, and submitted, without any speech.

The High Steward then made his, very long and very poor, with only one or two good passages; and then pronounced sentence!

Great intercession is made for the two Earls: Duke Hamilton, who has never been at court, designs to kiss the King’s hand, and ask Lord Kilmarnock’s life. The King is much inclined to some mercy; but the Duke, who has not so much of Caesar after a victory, as in gaining it, is for the utmost severity.

It was lately proposed in the city to present him with the freedom of some company; one of the aldermen said aloud, “Then let it be of the Butchers!” (…)

TO GEORGE MONTAGU, ESQ.

Arlington Street, Aug. 5, 1746.

DEAR GEORGE,

(…) Lady Cromartie presented her petition to the King last Sunday. He was very civil to her, but would not at all give her any hopes. She swooned away as soon as he was gone.

Lord Cornwallis told me that her lord weeps every time any thing of his fate is mentioned to him. Old Balmerino keeps up his spirits to the same pitch of gaiety. In the cell at Westminster he showed Lord Kilmarnock how he must lay his head; bid him not wince, lest the stroke should cut his skull or his shoulders, and advised him to bite his lips.

As they were to return, he begged they might have another bottle together, as they should never meet any more till –, and then pointed to his neck. At getting into the coach, he said to the gaoler, “Take care, or you will break my shins with this damned axe.”

I must tell you a bon-mot of George Selwyn‘s at the trial. He saw [Anne] Bethel’s sharp visage looking wistfully at the rebel lords; he said, “What a shame it is to turn her face to the prisoners till they are condemned.” If you have a mind for a true foreign idea, one of the foreign ministers said at the trial to another, “Vraiment cela est auguste.” “Oui,” replied the other, “cela est vrai, mais cela n’est pas royale.”

I am assured that the old Countess of Errol made her son Lord Kilmarnock go into the rebellion on pain of disinheriting him. I don’t know whether I told you that the man at the tennis-court protests that he has known him dine at the man that sells pamphlets at Storey’s Gate; “and,” says he, “he would often have been glad if I would have taken him home to dinner.” He was certainly so poor, that in one of his wife’s intercepted letters she tells him she has plagued their steward for a fortnight for money, and can get but three shillings.

Can any one help pitying such distress? I am vastly softened, too, about Balmerino’s relapse, for his pardon was only granted him to engage his brother’s vote at the election of Scotch peers. My Lord Chancellor has got a thousand pounds in present for his high stewardship, and has got the reversion of clerk of the crown (twelve hundred a-year) for his second son. What a long time it will be before his posterity are drove into rebellion for want, like Lord Kilmarnock! (…)

To GEORGE MONTAGU, ESQ.

Arlington Street, Aug. 11, 1746.

DEAR GEORGE,

I have seen Mr. Jordan, and have taken his house at forty guineas a-year, but I am to pay taxes. Shall I now accept your offer of being at the trouble of giving orders for the airing of it? I have desire the landlord will order the key to be delivered to you, and Asheton will assist you. Furniture, I find, I have in abundance, which I shall send down immediately; but shall not be able to be at Windsor at the quivering dame’s before to-morrow se’nnight, as the rebel Lords are not to be executed till Monday. I shall stay till that is over, though I don’t believe I shall see it. Lord Cromartie is reprieved for a pardon. If wives and children become an argument for saving rebels, there will cease to be a reason against their going into rebellion. Lady Caroline Fitzroy’s execution is certainly to-night. I dare say she will follow Lord Balmerino’s advice to Lord Kilmarnock, and not wince. [The wag refers to Caroline‘s Aug. 11 wedding night, with the Lord Petersham -ed.]

(…)

TO SIR HORACE MANN.

Arlington Street, Aug. 12, 1746.

(…)

We know nothing certainly of the young Pretender, but that he is concealed in Scotland, and devoured with distempers: I really wonder how an Italian constitution can have supported such rigours! He has said, that “he did not see what he had to be ashamed of; and that if he had lost one battle, he had gained two.” Old Lovat curses Cope and Hawley for the loss of those two, and says, if they had done their duty, he had never been in this scrape. Cope is actually going to be tried; but Hawley, who is fifty times more culpable, is saved by partiality: Cope miscarried by incapacity; Hawley, by insolence and carelessness.

Lord Cromartie is reprieved; the Prince asked his life, and his wife made great intercession. Duke Hamilton’s intercession for Lord Kilmarnock has rather hurried him to the block: he and Lord Balmerino are to die next Monday. Lord Kilmarnock, with the greatest nobleness of soul, desired to have Lord Cromartie preferred to himself for pardon, if there could be but one saved; and Lord Balmerino laments that himself and Lord Lovat were not taken at the same time; “For then,” says he, “we might have been sacrificed, and those other two brave men escaped.”

Indeed Lord Cromartie does not much deserve the epithet; for he wept whenever his execution was mentioned. Balmerino is jolly with his pretty Peggy. There is a remarkable story of him at the battle of Dunblain, where the Duke of Argyll, his colonel, answered for him, on his being suspected. He behaved well; but as soon as we had gained the victory, went off with his troop to the Pretender; protesting that he had never feared death but that day, as he had been fighting against his conscience.

Popularity has changed sides since the year ’15, for now the city and the generality are very angry that so many rebels have been pardoned. Some of those taken at Carlisle dispersed papers at their execution, saying they forgave all men but three, the Elector of Hanover [i.e., King George II], the pretended Duke of Cumberland, and the Duke of Richmond, who signed the capitulation at Carlisle.

(…)

TO GEORGE MONTAGU, ESQ.

Arlington Street, Aug. 16, 1746.

(…) I have been this morning at the Tower, and passed under the new heads at Temple Bar, where people make a trade of letting spying-glasses at a halfpenny a look. Old Lovat arrived last night. I saw Murray, Lord Derwentwater, Lord Traquair, Lord Cromartie and his son, and the Lord Provost, at their respective windows.

The other two wretched Lords are in dismal towers, and they have stopped up one of old Balmerino’s windows because he talked to the populace; and now he has only one, which looks directly upon all the scaffolding. They brought in the death-warrant at his dinner. His wife fainted. He said, “Lieutenant, with your damned warrant you have spoiled my lady’s stomach.” He has written a sensible letter to the Duke to beg his intercession, and the Duke has given it to the King; but gave a much colder answer to Duke Hamilton, who went to beg it for Lord Kilmarnock: he told him the affair was in the King’s hands, and that he had nothing to do with it. Lord Kilmarnock, who has hitherto kept up his spirits, grows extremely terrified.

It will be difficult to make you believe to what heights of affectation or extravagance my Lady Townshend carries her passion for my Lord Kilmarnock, whom she never saw but at the bar of his trial, and was smitten with his falling shoulders. She has been under his windows; sends messages to him; has got his dog and his snuff-box; has taken lodgings out of town for to-morrow and Monday night, and then goes to Greenwich; forswears conversing with the bloody English, and has taken a French master. She insisted on Lord Hervey’s promising her he would not sleep a whole night for my Lord Kilmarnock, “and in return,” says she, “never trust me more if I am not as yellow as a jonquil for him.” She said gravely t’other day, “Since I saw my Lord Kilmarnock, I really think no more of Sir Harry Nisbett than if there was no such man in the world.”

But of all her flights, yesterday was the strongest. George Selwyn dined with her, and not thinking her affliction so serious as she pretends, talked rather jokingly of the execution. She burst into a flood of tears and rage; told him she now believed all his father and mother had said of him; and with a thousand other reproaches flung upstairs. George coolly took Mrs. Dorcas, her woman, and made her sit down to finish the bottle: “And pray, sir,” said Dorcas, “do you think my lady will be prevailed upon to let me go see the execution? I have a friend that has promised to take care of me, and I can lie in the Tower the night before.”

My lady has quarrelled with Sir Charles Windham for calling the two Lords malefactors. The idea seems to be general; for ’tis said Lord Cromartie is to be transported, which diverts me for the dignity of the peerage. The ministry really gave it as a reason against their casting lots for pardon, that it was below their dignity. I did not know but that might proceed from Balmerino’s not being an earl; and therefore, now their hand is in, would have them make him one. (…)

TO SIR HORACE MANN.

Windsor, Aug. 21, 1746.

(…)

I came from town (for take notice, I put this place upon myself for the country) the day after the execution of the rebel Lords: I was not at it, but had two persons come to me directly who were at the next house to the scaffold; and I saw another who was upon it, so that you may depend upon my accounts.

Just before they came out of the Tower, Lord Balmerino drank a bumper to King James’s health. As the clock struck ten they came forth on foot, Lord Kilmarnock all in black, his hair unpowdered in a bag, supported by Forster, the great Presbyterian, and by Mr. Home, a young clergyman, his friend. Lord Balmerino followed, alone, in a blue coat turned up with red, his rebellious regimentals, a flannel waistcoat, and his shroud beneath; their hearses following.

They were conducted to a house near the scaffold; the room forwards had benches for spectators; in the second Lord Kilmarnock was put, and in the third backwards Lord Balmerino; all three chambers hung with black. Here they parted! Balmerino embraced the other, and said, “My lord, I wish I could suffer for both!” He had scarce left him, before he desired again to see him, and then asked him, “My Lord Kilmarnock, do you know any thing of the resolution taken in our army, the day before the battle of Culloden, to put the English prisoners to death?” He replied, “My lord, I was not present; but since I came hither, I have had all the reason in the world to believe that there was such order taken; and I hear the Duke has the pocketbook with the order.” Balmerino answered, “It was a lie raised to excuse their barbarity to us.” –Take notice, that the Duke’s charging this on Lord Kilmarnock (certainly on misinformation) decided this unhappy man’s fate! The most now pretended is, that it would have come to Lord Kilmarnock’s turn to have given the word for the slaughter, as lieutenant-general, with the patent for which he was immediately drawn into the rebellion, after having been staggered by his wife, her mother, his own poverty, and the defeat of Cope.

He remained an hour and a half in the house, and shed tears. At last he came to the scaffold, certainly much terrified, but with a resolution that prevented his behaving in the least meanly or unlike a gentleman. He took no notice of the crowd, only to desire that the baize might be lifted up from the rails, that the mob might see the spectacle.

He stood and prayed some time with Forster, who wept over him, exhorted and encouraged him. He delivered a long speech to the Sheriff, and with a noble manliness stuck to the recantation he had made at his trial; declaring he wished that all who embarked in the same cause might meet the same fate.

He then took off his bag, coat and waistcoat with great composure, and after some trouble put on a napkin-cap, and then several times tried the block; the executioner, who was in white with a white apron, out of tenderness concealing the axe behind himself. At last the Earl knelt down, with a visible unwillingness to depart, and after five minutes dropped his handkerchief, the signal, and his head was cut off at once, only hanging by a bit of skin, and was received in a scarlet cloth by four of the undertaker’s men kneeling, who wrapped it up and put it into the coffin with the body; orders having been given not to expose the heads, as used to be the custom.

The scaffold was immediately new-strewed with saw-dust, the block new-covered, the executioner new-dressed, and a new axe brought. Then came old Balmerino, treading with the air of a general. As soon as he mounted the scaffold, he read the inscription on his coffin, as he did again afterwards: he then surveyed the spectators, who were in amazing numbers, even upon masts of ships in the river; and pulling out his spectacles, read a treasonable speech, which he delivered to the Sheriff, and said, the young Pretender was so sweet a Prince that flesh and blood could not resist following him; and lying down to try the block, he said, “If I had a thousand lives, I would lay them all down here in the same cause.”

He said, if he had not taken the sacrament the day before, he would have knocked down Williamson, the lieutenant of the Tower, for his ill usage of him. He took the axe and felt it, and asked the headsman how many blows he had given Lord Kilmarnock; and gave him three guineas. Two clergymen, who attended him, coming up, he said, “No, gentlemen, I believe you have already done me all the service you can.” Then he went to the corner of the scaffold, and called very loud for the warder, to give him his periwig, which he took off, and put on a nightcap of Scotch plaid, and then pulled off his coat and waistcoat and lay down; but being told he was on the wrong side, vaulted round, and immediately gave the sign by tossing up his arm, as if he were giving the signal for battle. He received three blows, but the first certainly took away all sensation. He was not a quarter of an hour on the scaffold; Lord Kilmarnock above half a one. Balmerino certainly died with the intrepidity of a hero, but with the insensibility of one too.


Detail view (click for the full image) shows London crowds thronging the twin beheading of Jacobite lords on August 18, 1746.

As he walked from his prison to execution, seeing every window and top of house filled with spectators, he cried out, “Look, look, how they are all piled up like rotten oranges.” My Lady Townshend, who fell in love with Lord Kilmarnock at his trial, will go nowhere to dinner, for fear of meeting with a rebel-pie; she says, every body is so bloody-minded, that they eat rebels! The Prince of Wales, whose intercession saved Lord Cromartie, says he did it in return for old Sir William Gordon, Lady Cromartie’s father, coming down out of his death-bed to vote against my father in the Chippenham election. (…)

On this day..

1720: Matthew Tompkins, Daniel Lazenby, and Maurice Fitzgerald

THE Ordinary of NEWGATE

HIS ACCOUNT OF The Behaviours, Confessions, and Last Dying Words of the Malefactors that were Executed at Tyburn on Monday the 15th of August, 1720.

The Sunday preceeding the Execution of the Prisoners, I preached to them from the following Words.

Bloody and Deceitful Men shall not live out half their Days. (Psalm 55th, part of the 23d Verse.)

We first observed that the Psalmist every where speaks of Murder with conscious Sense of Shame; The Prophet Nathan’s Parable had pierced his Bosom, and cut deep into his Heart. Well knew he, that Uriah was the poor Man with an only Lamb, that was tender to him, and lay every Night in his Bosom: His Conscience started at his Guilt; and the prospect of Love that was pleasing late, is shocking now: The Beautiful Bathsheba, and the Blood-stain’d Uriah rise up at once to his View; and in the bitterness of Soul he cries out, Deliver Me from Bloodguiltiness O God, Thou God of my Salvation! (ver. 14.)

But deep and hearty was David’s Repentance; and for every Pleasure he paid a thousand Tears. Therefore, notwithstanding his Guilt, he hopes God will save him from his Enemies. That Confidence as he often expresses, so particularly in my Text, Thou, O God, shalt bring them down into the Pit of Destruction; Bloody and Deceitful Men shall not live out half their Days.

From the Words we observed the following Things.

First, We consider’d the Nature of Bloodguiltiness: According to, 1st, the Natural; 2d, the Jewish; 3d, the Christian Law.

Secondly, We consider’d Who were meant by Deceitful Men.

Thirdly, Very briefly advis’d all to a serious Reflection on the Doctrine; because, Bloody and Deceitful Men do not live out half their Days.

First, We consider’d Bloodguiltiness according to the Law of Nature.

This is a tacit Law, engraven on the Heart, that plainly exclaims against Murder. For ’tis not agreeable to Natural Reason to suppose that I and another Rational Creature, being both of Us the Right and Property of some Superiour Being that caused us to be, can have a Right to rob that superior Being of that his other Creature by Murder. That other Creature also has a Natural Right lodg’d in him, by the Creator, to enjoy the Light of the Sun; to sleep, and feed, and whatever else the Creator has thought fit to make him capable of enjoying. As therefore, I did not give him this Capacity of Enjoyment, ’tis plain, I can have no Right to take it from him; Unless indeed where I have a particular Commission from God to do it; which is the Case of the Brutes we devour.

This is according to the Light of Nature: And even the Heathens of Popayan and Paraguay, Tho’ they used to fat up their Captive Foes, to feast upon their Flesh, yet had so much Glimmering of the Dictates of Reason, as to detest, and severely Punish the Murder of their own People; Looking upon no Crimes as Capital but Incest and Murder; But to show their Abhorrence of Them, The Prince with a Dart pursued the Offender and with his own Hands destroyed him.

2d, We consider’d Bloodguiltiness according to the Mosaic Law.

This Law, agreeable to that of Nature, is very express against Murder. Whosoe sheddeth Man’s Blood, by Man shall his Blood be shed.

Under this Head, I took Notice of what I have sometimes thought remarkable, viz. That the very Giver of this Law, Moses, should slay a Man, without any Accusation laid against him. This a Hebrew, who had heard of it, thought a Crime; and accusingly said, Intendest thou to kill Me as thou didst the Egyptian Yesterday? It also made a great Noise in the Land, so that Pharoah was acquainted with it: But Moses fled from the Face of Pharoah, and dwelt in the Land of Midian. (Exod. 2. 15.) The Manner of his Slaying Him, was thus; And he spy’d an Egyptian smiting an Hebrew, one of his Brethren. And he looked this way and that way, and when he saw that there was no Man, he slew the Egyptian, and hid him in the Sand. (Exod. 2. 11, 12.)

The usual way of Answering this Difficulty, is, either by supposing it a wicked Action, tho’ not noted as such in Scripture; Or else, by saying, that Moses had a particular Commission from God to perform this Murder. But certainly that would be an Omission in the Sacred Writ (which far be it from any one to conceive) to leave out such a material Information; because the Murder is committed by a Person who is represented to Us as the Reverse of such a Doer. All Evil-Actions mention’d in Scripture, are mention’d for a Good End; and serve either to deter Us from the same Sins, by the Punishment annex’d to them; Or, to prevent our Despair, by the Sight of God’s Forgiveness: But it can serve to neither, of these Ends, to show Us a Virtuous Man Sinning, without noting him as disagreeing from himself.

This Answer therefore, seems to Me not to come up to the Difficulty. I would rather, with Submission, answer it thus. We must suppose it to be a Lawful Action; and who can assert the Contrary; unless he knew the Nature of the Skirmish between the Egyptian and the Hebrew? For it might be a justifiable Murder, if we suppose the Egyptian to be so beating the Hebrew, as resolving to have his Life; and to be so violent and furious therein, as that the Interposer Moses could not save the Life of the Servant of God, but by taking away That of the Barbarian; I think, with Submission, in that Case, it might be lawful for Moses to do it. The Egyptian was in the nature of an Assaulter, or Robber; and Grotius with the other Ethick Writers, determine, that I and my Friend may defend my own Life at the Expence of a Robber’s Blood. And this especially before the Christian Dispensation.

To this it may be objected, that Moses need not have looked this Way and that Way, to see if any was near, had he had this Cause for slaying the Egyptian. To this I answer, that tho’ this justified the Action in the sight of God, yet Moses knew it would not in the Eyes of Pharoah; who, we may suppose, had rather ten Hebrews should dye, than one Egyptian; As appears from his ordering all the Male Hebrew Children to be slain, only lest the Hebrews should grow too strong.

To confirm this Explication, we may observe, that the rescued Hebrew would not, in all probability, have discover’d his Brother and Deliverer, unless he had conceiv’d an Opinion (without thinking so far as Pharoah’s Partiality towards the Hebrews) that it was not a Criminal Action, on Account of the Murderous Intent of the Egyptian: And He must be the Discoverer, because we read, There was no one present. (ver. 12.)

3dly, The Christian-Law is much more express against Bloodguiltiness, than either the Natural or the Jewish; insomuch, that, Whosoe hateth his Brother is a Murderer. And agen, Whosoe sayeth to his Brother, Thou Fool, is in Danger of Hell-Fire. So far must Christians be from Murder, that Christ says, Resist not Evil; but whosoever smiteth thee on one Cheek, turn to him the Other also. (Mat. 5. 39.) Contrary to the Jewish Law, which said, An Eye for an Eye, and a Tooth for a Tooth.

Secondly, Under the Second general Head we consider’d, who are meant by Deceitful Men, – Bloody, and Deceitful Men.

  • 1st.) By Deceitful Men, may be meant False-Friends. This certainly is very sinful. ‘Tis also imprudent, We should well consider before we take a Friend to our Bosom; and better consider before we throw him thence agen.
  • 2dly.) By Deceitful Men, may be meant Thieves. As the Psalmist says, He sitteth lurking in the thievish Corners of the Streets. Psal. 10. 8.

    It is become usual for Us to see Robbings in the publick Streets; How different are you from the Example of our Saviour; He went about Doing Good, But you Doing Ill: He preach’d Peace thro’ the Streets, But you denounce Slaughter and Rapine. Little then would one think, ye had renounced the World at your Baptism, and profest your selves Followers, Pupils, Imitators of Christ.

    Some in your Conditions have seem’d to value themselves upon their bearing their Misfortunes as becomes Men: But can ye take a sort of Pride in dying Couragiously like a Man, and not be ashamed of having liv’d like Brutes? Was their not something Mean and Base (for that ye will most regard) in inhabiting the Night, and flying the Face of Day, which Man was form’d with an Aspect erect to gaze at? The Apostle says, We are not of the Night, but of the Day; and let us who are of the Day be Sober; putting on the Breast-plate of Faith and Love, and for an Helmet, the Hope of Salvation. 1 Thess. 5. 8.

  • 3dly.) By Deceitful Men may be meant Defamers and Backbiters. This is a Deceit, perhaps as pernicious as the Thief’s, tho’ not equally liable to Punishment: The Robber despoils Us of our Goods, the Defamer, of our Reputations; One injures Us Clandestinely, The other to our Face. But Christ said, Let him who is without Sin among you, first throw a Stone at Her.

Thirdly. The Third General Head was, to perswade All to the Consideration of the Doctrine, for the Reason in the Text, Bloody and Deceitful Men shall not live out half their Days.
Under this Head we consider’d the Misery of being cut off in the Pride and Prime of Youth, while the Face of Nature was delightful, and joyous the Light of the Sun: And that this Misery was but the Natural Consequence of Sin, especially of Bloodguiltiness, agreeable to the Text.

I lastly conjured them, to compensate for their former evil Lives, by the uncommon Earnestness of their Repentance; Never to leave Assaulting the Throne of Grace, till they had some dawning Assurances of Salvation; But so to expend their few remaining Hours, that they might launch forth from Sorrow to Joy; from Pain to Satisfaction; and from a World of Care into Realms of never fading Pleasures.

1. Matthew Tomkins, was Convicted of robbing John Wickers, on the High-way, of 4 Guineas and 16 s. 6 d.

The Account he gave me of himself was as follows.

He said he was 22 Years of Age; a single Man; born at Tunbridge, where he has now a Father and Mother residing in good Credit and Reputation. He said, they brought him up with the utmost Tenderness, and gave him a considerable share of Learning. He never was Apprentice to any Trade; but was in Quality of a Book-keeper for some time, at a great China Shop in London, where nothing was objected against his Behaviour.

He said, he was lately Master of about 400 l. That he then gave himself up too much to Pleasure: He was often advis’d by his Friends to purchase a Place for Life, but never was so happy as to follow their good Counsel; He added, that he liv’d in a very jovial Manner, upon the principal Money, pursuing his Pleasures, and denying himself nothing that might tend to the Gratifying his Inclinations.

Upon a Day (as he told me) he took a Ride to Ware in Hartfordshire, alone by himself; but he there got into some Company, they proposed a Game at Cards, which they said they did not well Understand, ’twas a new Game, but they were told ’twas very Diverting. Mr. Tompkins soon undertook to play with them. When he had lost all his Money, he call’d for his Horse, in order to return to London.

Upon the Road, he said, he met a Man, of a sober Aspect; whose Occupation he should little have suspected from his Appearance. With this Person he fell into Discourse, and was complaining of the Tricks and Deceits of Cards, and related how he had been served at Ware, where he had been bubbled out of all his Money. The Stranger told him, he need not be necessitated for Money, so long as he was upon an open Road; and in short, gave him a Pistol. The next Gentleman they met, they rob’d of four Guineas and some Silver, half of which he had; and parting with his Instructor at London, never saw him after.

This is the Account he gave me of his committing this wicked Action. He also told me, That he had let his Parents know his Misfortunes he was under, but had, at the same time requested of them, not to come to London on that Account, for it was not in their Power to be any way Serviceable to him in that Condition; but that the Sight of them, who had always used him with so great Tenderness and Affection, would greatly aggravate and encrease his Sorrow.

He shou’d me a Book, which a Clergyman sent him, which he said had been the occasion of his passing the sad and Melancholly Hours of Confinement, not only with Patience but with some Satisfaction and Delight.

The Saturday before his Execution, He told me he had then entirely laid aside all Thoughts of the World, and that the Sight of his Acquaintance was become Painful to him; for he had in some measure habituated Himself to think of Heaven, till it was become Grateful to him in the Consideration.

2. David Lazenby, was Convicted of breaking open the Chambers of Charles Wood, Esq; in the Night-time, and stealing thence, some Holland Shirts, Cravats, a Beaver Hat, Sheets, a Cloath Coat and Wast-coat, Worsted Stockings, &c. The Account he gave me of himself was as follows.

He said, He was 26 Years of Age; Born at Market-Weston in Suffolk, of honest and reputable Parents. He was put Prentice to a Weaver; to which Trade he served his 7 Years out. But this Employment not being sufficient to maintain him, he said, he went into the Country; Being there at a loss how to employ his time, and procure a comfortable Subsistance, he at last determin’d to set up a Publick House, which he accordingly did; but soon growing weary of that noisy and quarrelsome Life, he returned again to London, where he met with tolerable Encouragement in his own Trade.

He said, that at the Time he was Apprehended on Suspicion, he liv’d at Hoxton, where he Employ’d 5 Journeymen under him at the Weaving Business .

He told me, that during my Sickness, a Great Distiller in Fore-street had desired to speak with me concerning him; that I would put the Question to him, whether he was not concern’d in robbing his Dining-Room, of several peices of Plate, some marked with his Coat of Arms, and some Plain. When the Prisoner had told me this, I accordingly taxed him, as he was a Dying Man, and had I hoped a value for his Soul, whether he knew any thing of the aforesaid Robbery? But he solemnly protested that he was entirely ignorant of it.

Another Gentleman also in Hoxton-Square, apply’d to me, to desire I would put the Question to him, whither he was not concern’d in the Breaking open his House; he having suspected him on Account of some Tickets for an Entertainment, dropt near his House, with David Lazenby’s Name thereto. But the Prisoner said, the Tickets were accidentally dropt by that House, and were for him and some Friends to make merry innocently together. I hope he was sincere in his Declarations.

3. Maurice Fitzgerald, was condemned for the Murder of a Watchman in the Strand.

He was about 20 Years of Age; born in Ireland; his Education was Liberal and Genteel. As to his Behaviour during his Confinement, after the Sentence pass’d upon him, it was Sober and Grave; he constantly frequented the publick Service in the Chappel, where he appear’d not without Devotion and a sense of Religion, making the Responces very duely, and reading the Psalms alternately after me. Notwithstanding this, It has been thought that he did not dye in the Communion of the Church of England; But this I think he would not have dissembled, had it been so; for I put the Question to him, and he told me that he dyed a Member of the English Church. I frequently talk’d with him about the Nature of his former Course of Life, and his Stabbing a Man sometime ago with a Penknife; he seem’d to acknowledge that among all Courses of Life, the Sober and Serene Man bids the fairest for Happiness even here; and that no Satisfaction really consists in having the Spirits always in a Hurry and a Flutter, and in flying about from one House of Obscenity to another.

The Account of them at the Place of Execution.

Maurice Fitzgerald. At the Tree he spoke to the People present; signifying that he had reason to accuse some Persons as to his being Executed, whom he Named. He then declared, that he dyed in Charity towards all Men; and desired the Spectators Prayers for his departing Soul; adding, that he was pleas’d and easy at his leaving Care and Anxiety. He then gave me a Letter for his Brother; and ask’d me if I had retain’d the Paper he gave me at the Sacrament. He had been Scandaliz’d for Living with a Lady in a vicious Manner, to wit, Mrs. Witworth; That Paper relates to this, and is as follows.

SIR,

I Beg you will satisfy the World, that I was lawfully Married to Mrs. Witfield, according to the Rights and Ceremonies of the Church of England, as I shall answer before the Great and Good God one Day, and to her. Witness my Hand, this 14th of August, 1720. M. Fitzgerald.

David Lazenby. At the Tree, he deliver’d me a Paper, which he desired I would by all means Publish; and was as follows.

WHEN under Sentence of Death, one Mrs. Flowers came to me, concerning a Robbery, which one John Young swore her into: Now, I David Lazenby do solemnly declare upon the Holy Sacrament, which I take this 15th day of August, that the said Robbery (at the Quaker’s next Door to the Nagg’s Head in Islington) was committed by two other Persons, whose Names are John Brush, and Joseph Smith. Neither was Mrs. Flowers any way concern’d in purchasing the Goods.

THO. PURNEY, Ordinary and Chaplain.

LONDON: Printed and Sold by JOHN APPLEBEE, a little below Bridewel-Bridge, Black-Fryers.

On this day..

1944: Eliga Brinson and Willie Smith, American rapists abroad

Privates Eliga Brinson (of Tallahassee, Florida) and Willie Smith (of Birmingham, Alabama) were hanged on this date in 1944 at Shepton Mallet prison.

The two U.S. servicemen had ambushed and raped 16-year-old Dorothy Holmes in Gloucestershire that April. Tried and sentenced by the U.S. military, their hangings occurred over 100 years after Great Britain abolished the death penalty for rape.

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1829: John Stacey, in Portsmouth town

A barbarous, foul, & horrid deed
I shortly will recite,
Which did occur in Portsmouth town
Upon a Sunday night;
An aged man of eighty years,
His housekeeper likewise,
Were there most basely murdered,
By a monster in disguise.

All in the night, so dark and drear,
He entrance did obtain,
And with a deadly hammer he
Beat out the old man’s brains,
His throat he cut from ear to ear,
Most horrible to view,
And streams of crimson blood did flow
The bed-room through and through.

The aged housekeeper likewise,
Lay butcher’d on the floor,
Her face and hands most cruelly
Were cut, and stabb’d full sore.
Her head it was nearly severed
From off her body quite.
Those who beheld it shivered,
So dreadful was the sight.

When at the bar the murderer stood,
He could not deny his guilt,
‘Twas clearly proved that he
The aged couples blood had spilt;
The Jury found him guilty,
And the Judge to him did say,
You must prepare to end your days,
Upon the gallows high.

–Broadside ballad about double murderer John Stacey, hanged adjacent to the house of his victim on August 3, 1829

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1766: James Annin and James M’Kinzy

From the Pennsylvania Gazette, Aug. 7, 1766:

BURLINGTON (New-Jersey) August 4

At a Court of Oyer and Terminer, held at Burlington, on Wednesday, the Thirtieth Day of July last, came on the Trial of James Annin, aged 54 Years, and James M’Kinzy, aged 19 Years, on an Indictment for the Murder of two Indian Women, named Hannah and Catherine, who had long resided in the Neighbourhood of the Place where the Murder was committed.

It appeared by their own Examinations, and by the Testimony of credible Witnesses, that they had been on the Western Frontiers of Pennsylvania and Virginia, but that their first Acquaintance began in Philadelphia; that they came to Moore’s Town, in the County of Burlington, on Thursday, the 26th of June last, about Noon, and begged for Charity, and obtained Relief: That while they were eating their Dinners, the two Indians who were murdered, came to the Place where they were, and that the youngest of the Men gave them abusive Language: That the Indians went off, and rested in a Wood, near the Side of the Road: That the one of them was possessed of a clean Shift, and the other of a Piece of new Linen, which they had that Day got: That about 2 o’Clock on the same Day, James Annin sold the Shift, and James M’Kinzy the Piece of new Linen, and a Blanket, about two Miles from Moore’s Town.

That they were parted by Accident, and that many People had seen the Indians lying in View of the Road, and supposed them to be asleep, till Sunday, the 29th of June, when two Persons perceived a Stench, and on going near the Bodies, found they were dead; whereupon the Coroner was called, whose Inquest found them to be murdered by Persons unknown.

On this Alarm the two Criminals were suspected, and pursued.

James Annin was apprehended, and committed to the Goal at Burlington, and the other advertised from the Description given by Annin, and in a few Days taken up by Order of the Mayor of the City of Philadelphia, and sent to Burlington.

The Examinations of the Prisoners, taken before they had an Opportunity of seeing each other, were read, and by each Examination it appeared, that they went to the Indians with Intent to ravish them, if they should refuse their Offers; each acknowledged that he was present at the Murder, but charged the giving the Stroke on the other, and acknowledged also the taking the Goods; in this they persisted at the Bar. The Jury soon found them guilty, and they received Sentence of Death.

On Friday Noon they were hanged at the Gallows; they continued in denying the Fact, and charging it on each other. The Elder declared, he thought it a Duty to extirpate the Heathen, and just before they were turned off, M’Kinzy, the younger of the Men, acknowledged, that one of the Indians, on receiving the Blow from Annin, struggled violently, and that he, to put her out of Pain, sunk the Hatchet in her Head, but that they were both knocked down by Annin.

The youngest of the Squaws was near the Time of Delivery, and had Marks of shocking Treatment, which the most savage Nations on Earth could not have surpassed.

A few of the principal Indians of Jersey, were desired to attend the Trial and Execution, which they did, and behaved with remarkable Sobriety.

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