1867: The Manchester Martyrs

On this date in 1867, three Fenians hanged for the murder of a Manchester policeman.

They were the Manchester Martyrs — Michael O’Brien, William Philip Allen and Michael Larkin.

“Who were they?” an admiring James Connolly later asked, rhetorically.*

Two members of the Fenian organisation -– Kelly and Deasy –- were trapped in Manchester, and lay awaiting trial in an English prison. The Fenians in that city resolved to rescue them. [Manchester was a hotbed of Irish radicalism -ed.] This they did by stopping the prison van upon the road between Manchester and Salford, breaking open the van, shooting a policeman in the act, and carrying off their comrades under the very eyes of the English authorities.


Marker on the spot of the ambush that started all the trouble. (cc) image from Tom Jeffs.

Out of a number of men arrested for complicity in the deed, three were hanged. These three were ALLEN, LARKIN and O’BRIEN –- the three Manchester Martyrs whose memory we honour today.

There were actually five in all selected to stand trial for their lives for what the British dubbed the “Manchester Outrage”; although all five were condemned to swing, one received clemency and a second was pardoned outright since the evidence against him was soon proven to have been entirely perjured.

Indeed, all five of the men asserted their innocence in the shooting even when they acknowledged joining the crowd attempting to free their brethren.

But they, and especially their partisans, were still more energetic asserting the Fenian cause from the platform afforded by the legal antechambers to the scaffold. “God save Ireland!” they cried at several dramatic points in the trial — and these words titled a beloved patriotic tune in the martyrs’ honor.

The British, basically, freaked at the effrontery of an Irish mob hijacking a police wagon, making Fenian as dirty a word among the Anglo respectable as terrorist is today, and stampeded the case to judgment without dithering overmuch about fine points like meticulous investigation. While respectable liberals could (and did) make the clemency case on grounds of actual innocence, the right-thinking were scandalized by Irish marches in overt support of Fenianism.

“These Irish are really shocking, abominable people,” Queen Victoria wrote privately to one of the government’s Tory cabinet members. “Not like any other civilized nation.”

So it was a bloodthirsty rabble, baying and not a little drunk, that gathered outside the walls of Manchester’s New Bailey Prison to see Allen, Larkin, and O’Brien hang** for their abominableness. This lot also happened to witness the last public hanging in Manchester; England shifted to private executions the next year.

But these by no means represented everyone in Manchester.

The very week of the Fenian ambush, a philosopher had dropped in to Manchester to visit a local industrialist. These were, granted, not Englishmen but Germans. Still, Karl Marx and Friedrich Engels were keenly interested in the Fenian cause.

Marx exhorted English workers, now and over the years ahead, to make common cause with Fenianism; he apparently authored this clemency appeal for the Manchester Martyrs sent by the First International. The very day after the execution, Engels — our Manchester industrialist — compared the martyrs to John Brown and prophesied that the hangings “accomplished the final act of separation between England and Ireland.” (See Marx at the Margins: On Nationalism, Ethnicity, and Non-Western Societies)

These martyrs have stood the test of time, in part because Engels’ prediction (more or less) came to pass. But we think it’s their countryman Connolly whose epitaph rings truest — the summons three men in Manchester issued posterity to stand against monstrous edifices as “unyielding foes even to the dungeon and the scaffold.”

We honour them because of their heroic souls. Let us remember that by every test by which parties in Ireland to-day measure political wisdom, or personal prudence, the act of these men ought to be condemned. They were in a hostile city, surrounded by a hostile population; they were playing into the hands of the Government by bringing all the Fenians out in broad daylight to be spotted and remembered; they were discouraging the Irish people by giving them another failure to record; they had no hopes of foreign help even if their brothers in Ireland took the field spurred by their action; at the most their action would only be an Irish riot in an English city; and finally, they were imperilling the whole organisation for the sake of two men. These were all the sound sensible arguments of the prudent, practical politicians and theoretical revolutionists. But “how beggarly appear words before a defiant deed!”

* Connolly was observing the anniversary of the men’s death in 1915, which was the same anniversary a 13-year-old Kevin Barry began his own path to future martyrdom by attending a Manchester Martyrs memorial.

** Hanged badly. Notoriously erratic hangman William Calcraft only killed Allen on the drop; descended the gallows to help Larkin along; and was denied access by O’Brien’s confessor, who said he held that strangling man’s hand full 45 minutes until he finally succumbed.

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869 or 870: St. Edmund the Martyr

This is the feast date and martyrdom date of middle ages English king Edmund the Martyr.

Stained glass of Edmund the Martyr from Our Lady and the English Martyrs church in Cambridge. (cc) image from Laurence OP

This acute ruler of the East Angles, the last native East Anglian king, was stomped in battle by the marauding norsemen under Ivar the Boneless and his less interestingly-named brother Ubbe Ragnarsson.

These two were sore about their father Ragnar Lodbrok, who had shipwrecked in England — maybe East Anglia, maybe elsewhere — and allegedly been thrown into a snakepit.

According to the hagiographic account, these Danish heathens attempted to force Edmund to renounce Christianity. Edmund demurred.

Then those wicked men bound Edmund, and shamefully insulted him, and beat him with clubs, and afterwards they led the faithful king to an earth-fast tree, and tied him thereto with hard bonds, and afterwards scourged him a long while with whips, and ever he called, between the blows, with true faith, on Jesus Christ; and then the heathen because of his faith were madly angry, because he called upon Christ to help him. They shot at him with javelins as if for their amusement until he was all beset with their shots, as with a porcupine’s bristles, even as Sebastian was.

The martyr-king’s body was ultimately interred at the aptly-namd Bury St. Edmunds. This locale thereafter became a major, and lucrative, pilgrimage spot in Britain.

Edmund himself became the patron saint of England until he was supplanted just before the Norman invasion by omnibus patron saint George. As George had nothing to do with England, there’s been some latter-day push to revert the honor to the native king.

So far, no dice.

Update: Jamie that killjoy at the British History Podcast puts it in 869 and rebuts the notion that there was any execution at all, here.

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c. 865: Ragnar Lodbrok, Viking raider

On an unknown date in (perhaps) the 860s, Norse raider Ragnar Lodbrok (or Ragnar Lothbrok) was allegedly put to death in the Indiana Jones-esque manner of being cast into a pit of snakes.

Ragnar is a half-legendary character who plundered France and Britain in the mid-ninth century, the heyday of Viking marauders; he’s also the lead character of the cable TV series Vikings.

He’s known from Scandinavian sagas, like the Ragnarssona Þattr, which describes Ragnar’s final battle after shipwrecking in Northumbria.

At that time, there was a king called Ælla ruling over Northumbria in England. And when he learns that raiders have come to his kingdom, he musters a mighty force and marches against Ragnar with an overwhelming host, and hard and terrible battle ensues. King Ragnar was clad in the silken jacket Aslaug had given him at their parting. But as the defending army was so big that nothing could withstand them, so almost all his men were killed, but he himself charged four times through the ranks of King Aella, and iron just glanced off his silk shirt. Finally he was taken captive and put in a snake-pit, but the snakes wouldn’t come near him. King Aella had seen during the day, as they fought, that iron didn’t bite him, and now the snakes won’t harm him. So he had him stripped of the clothes that he’d been wearing on the day, and at once snakes were hanging off him on all sides, and he left his life there with much courage.

Here’s Ernest Borgnine as Ragnar in the 1958 film The Vikings, dying in a pit full of wild dogs, not snakes. Well, it’s the same animal kingdom.

“How the little pigs would grunt if they knew how the old boar suffers!” he’s supposed to have exclaimed, keeping to the nature theme.

Although Vikings didn’t really seem to need a casus belli to pillage England, the little pigs would in fact do some serious grunting when they found out about the boar: Ragnar’s sons punitive sorties against England martyred the Christian king St. Edmund.

Update: When this post was first written in 2011, information about this distant Viking captain was not all that plentiful. Ragnar’s starring turn in a TV serial since that time has somewhat broadened his cultural footprint.

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1724: Jack Sheppard, celebrity escape artist

“Yes sir, I am The Sheppard, and all the gaolers in the town are my flocks, and I cannot stir into the country but they are at my heels baaing after me.”

–Jack Sheppard

On this date in 1724, the hangman finally got Jack Sheppard.

Sheppard was a thief, a romantic hero, a highwayman of the urban proletariat, a Houdini whom no prison could hold.

It had become possible in his time to ride criminal notoriety into celebrity: Jack Sheppard, a mere 22 at his death, proved as adept with that quicksilver element during his personal annus mirabilis of 1724 as he was with a lockpick.

Sheppard’s world had him fitted to wield a hammer better than thieves’ tools — but at about age 20, a young man awash in the illicit liberty of London’s underbelly, he ditched the square carpenter to whom he was apprenticed to live free by his wits.

Peter Linebaug’s The London Hanged finds in Jack Sheppard’s career and his runaway popularity an important marker of the capital city’s “refusal of subordination: — contra Foucaultian discipline, which “makes the rulers of government and society seem all-powerful.”

An important meaning of liberation … [consisted of] the growing propensity, skill and success of London working people in escaping from the newly created institutions that were designed to discipline people by closing them in. This tendency I have dubbed ‘excarceration’ because I wish to draw attention to the activity of freedom in contrast to its ideological or theoretical expressions…

This lithe youth is most famous for his literal talent for freedom: four times in 1724 he escaped from custody in ever more dramatic fashion.

He busted out through the ceiling of St. Giles Roundhouse. He rappelled with a bedsheet rope down the 20-foot wall of Clerkenwell Prison with his lover.

This sort of thing won the enterprising rogue growing folk hero status. The vaunted Sheppard “made such a noise in the town, that it was thought the common people would have gone mad about him, there being not a porter to be had for love nor money, nor getting into an ale-house, for butchers, shoemakers and barbers, all engaged in controversies and wagers about Sheppard.”*

It also drew the unwanted attention of 1720s London’s Jabba the Hutt: “thief-taker” Jonathan Wild, who managed a vast thieving cartel enforced by Wild’s willingness to turn in non-participants in his ingenious cover role as the city’ preeminent lawman. That’s some protection racket.

Sheppard, to the fame of his memory, scorned obeisance to the crime lord as much as to any guild carpenter and worked for no man but himself. A vengeful Wild shopped him to the authorities.

This time, Sheppard was actually condemned to death for burglary but broke prison again, using yet another classic ruse: the “disguised in smuggled women’s clothes.”

Back on the lam, he posted a cocky letter to his executioner “Jack Ketch” giving his regrets at not having joined two fellow-sufferers on the scheduled hanging date. (September 4.)

I thank you for the favour you intended me this day: I am a Gentleman, and allow you to be the same, and I hope can forgive injuries; fond Nature pointed, I follow’d, Oh, propitious minute! and to show that I am in charity, I am now drinking your health, and a Bon Repo to poor Joseph and Anthony. I am gone a few days for the air, but design speedily to embark, and this night I am going upon a mansion for a supply; its a stout fortification, but what difficulties can’t I encounter, when, dear Jack, you find that bars and chains are but trifling obstacles in the way of your Friend and Servant

JOHN SHEPPARD

London’s finest were determined to put an end to this character’s preposterous run of prison breaks, so when they caught him the fourth time Sheppard found himself loaded with manacles and chained to the floor of a special strongroom in Newgate Prison. Get out of that, Jack.

Somehow, Jack got out of it.

On the night of Oct. 14, Sheppard authored the sublimest breakout in Newgate’s voluminous annals. Picking the locks of his fetters with a small nail, our acrobat scurried up a chimney, picked, prised, or otherwise passed a succession of locked doors in the dead of night, paused to rest on the condemned pew of the gaol chapel, forced a grille, reached the roof, and threw another homemade rope over the wall to scamper down to safety.

And then “he promptly went forth and robbed a pawnbroker’s shop in Drury Lane of a sword, a suit of apparel, snuff boxes, rings, &c., and suddenly made a startling appearance among his friends, rigged out as a gentleman from top to toe.”

There’s no doubt but that Jack had showmanship, but at a certain point he could have done with just the tiniest measure of discretion. But then, this was a man writing his own legend. Sure, he could have put his head down and tried to disappear into some nameless Puritan settlement in the New World. (His distraught mother kept telling him to get out of the country.) He traded those dull and toilsome years for the fame of generations: his candle burned at both ends.

When next Sheppard was detained, it was towards his apotheosis. It was the only time he would be arrested and fail to escape.

A throng of thousands mobbed London’s route to execution this date, almost universally supporting the ace escapologist. And Sheppard very nearly had for them the piece de resistance in his career of magical disappearances: it was only at the last moment before boarding the fatal tumbril that Sheppard’s executioners found the penknife their prey had secreted on his person, evidently intending to cut his cords and spring from the cart into the safety of the surging crowd. What an exploit that would have been.


Detail view (click for full image) of George Cruikshank‘s illustration of Sheppard’s death for William Ainsworth‘s Victorian novel about the legendary criminal. More of these illustrations here.

This indomitable soul has enjoyed a long afterlife as a subversive hero.

A celebrity in his own time, his execution-eve portrait was taken by the Hanover court painter himself, James Thornhill. Sheppard is a very likely candidate as an inspiration for the criminal Macheath in The Beggar’s Opera completed just a few years after his death; likewise, his abandoned apprenticeship makes him the most apparent model for Hogarth‘s “idle prentice” plates.

A century later, prolific historical novelist William Ainsworth** claimed the convict-martyr for an 1839 retelling. This popular potboiler — read it free online here — came in for a spate of 19th century social panic when it was learned that a notorious servant-on-master murder had been carried out by a young man who had recently read it. A two-decade ban on public plays based on the Jack Sheppard novel ensued.

For as much as Jack Sheppard is romanticized in his remarkable individual characteristics, his story has always had a class undertow that raises the hackles of the powerful — and is celebrated by the people who menace that power. Linebaugh, again:

Jack Sheppard, housebreaker and gaol-breaker, was once the single most well-known name from eighteenth-century England. His fame spread across oceans and the centuries. When the bandit Ned Kelly was alive, the Australian press was full of comparisons between him and Sheppard. At the same time on the other side of the globe in Missouri, Frank and Jesse James wrote letters to the Kansas City Star signed ‘Jack Sheppard’. In England his name cut deep into the landscape of popular consciousness. Henry Mayhew noted that Cambridgeshire gypsies accepted Sheppard stories as the archetype of ‘blackguard tales’. Among English sailors anyone with the surname of ‘Sheppard’ was automatically called ‘Jack’. Within the Manchester proletariat of the 1840s his name was more widely known than that of the Queen herself. One of these lads said, ‘I was employed in a warehouse at 6s. 6d. a week, and was allowed 6d. of it for myself, and with that I went regularly to the play. I saw Jack Sheppard four times in one week.’

The oral history of Sheppard has maintained his memory within human contexts where books were scarce and working-class resources for an independent historiography were non-existent. Moreover, that memory was kept in contexts of social struggle in which a continuity, if not a development, with earlier moral and political conflicts was suggested.

* cited in Andrea McKenzie, “The Real Macheath: Social Satire, Appropriation, and Eighteenth-Century Criminal Biography,” Huntington Library Quarterly, December 2006

** Ainsworth is also known for a novel about Sheppard’s near-contemporary, highwayman Dick Turpin.

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1880: Ned Kelly

On this date in 1880, legendary bushranger Ned Kelly hanged at Melbourne Gaol.

The Dick Turpin of Australian outlawry — in the sense that he’s the first name on the marquee — Kelly was the son of an Irishman shipped to Van Damien’s Land on the British convict transportation plan.

Setting down in Greta, Victoria the Kelly family cultivated a keen reputation for criminality (e.g., see this 1880 newspaper article; also, here).

When Ned was all of 11, pa died doing a six-month prison stint at hard labor for stealing a neighbor’s cow, and it wasn’t much longer before young master Edward was making the acquaintance of the law himself: arrested for assault in 1869 at age 14; arrested once again the following year as an accomplice to the bushranger with the pornstar name, Harry Powers; imprisoned later in 1870 for three years for receiving stolen goods … and then he got into the family horse-rustling racket upon his release. Crime and gaol were just part of Ned’s world.

So was police antagonism.

The man’s famous last years started with what reads as a trumped-up run-in with a cop who turned up at a station complaining that the Kellys had shot him. (The Kelly story is that he got fresh with Ned’s sister and got whacked by a shovel.) Whatever the facts of the matter, it sent Ned and his brother Dan into the bush as fugitives.

At Stringybark Creek, the “Kelly gang” got the drop on the police posse sent to arrest them, and three officers died in the firefight. Now there was real trouble.

An 1878 “Felons Apprehension Act” immediately proscribed the men, making it “lawful for any of Her Majesty’s subjects whether a constable or not and without being accountable for the using of any deadly weapon in aid of such apprehension whether its use be preceded by a demand of surrender or not to apprehend or take such outlaw alive or dead.”

The ensuing two-year saga was a captivating cycle of dramatic robberies, escalating government bounties, state hostage-taking in the form of imprisoned family and friends, and Kelly’s own Joycean self-vindication.

he would be a king to a policeman who for a lazy loafing cowardly bilit left the ash corner deserted the shamrock, the emblem of true wit and beauty to serve under a flag and nation that has destroyed massacreed and murdered their fore-fathers by the greatest of torture as rolling them down hill in spiked barrels pulling their toe and finger nails and on the wheel. and every torture imaginable more was transported to Van Diemand’s Land to pine their young lives away in starvation and misery among tyrants worse than the promised hell itself all of true blood bone and beauty, that was not murdered on their own soil, or had fled to America or other countries to bloom again another day, were doomed to Port Mcquarie Toweringabbie norfolk island and Emu plains and in those places of tyrany and condemnation many a blooming Irishman rather than subdue to the Saxon yoke Were flogged to death and bravely died in servile chains but true to the shamrock and a credit to Paddys land.*

The hunt culminated in a cinematic shootout at the Glenrowan Inn, Kelly an accomplices entering the fray clad in bulky but effective homemade body armor they’d literally hammered out of ploughshares. (It’s thanks to the armor’s protection of his head and trunk that Ned Kelly survived the Glenrowan siege so he could be hanged instead.) Now on display at the State Library of Victoria, it’s the most queer and recognizable artifact of an era that was already then slipping into the past.

Ned Kelly in his armor (left), and the logo of the Victoria Bushrangers cricket club patterned after it (right).

I do not pretend that I have led a blameless life or that one fault justifies another; but the public, judging a case like mine, should remember that the darkest life may have a bright side, and after the worst has been said against a man, he may, if he is heard, tell a story in his own rough way that will lead them to soften the harshness of their thoughts against him and find as many excuses for him as he would plead for himself.

-Ned Kelly, during his trial

This cut no ice with the men who judged him guilty of murder, but the brawler, cop-killer, bank-robber Kelly seems to have found a way to tell that story to posterity and its thoughts have softened very much indeed.

Everything from his hardscrabble upbringing to his romantic man-against-the-world criminal career to his iconic robot-suit armor to his existentially heroic last words “such is life” equips his image for posthumous appropriation. He seems one-half charming anachronism, one-half hirsute postmodern avatar, especially when you go sculpt a mailbox out of him.

131 years dead today, Ned Kelly remains very much alive in memory. To this day, descendants and supporters lay flowers at the Melbourne Gaol where he hanged, and the recent decision to release his remains for reburial (as Kelly himself requested) made national headlines.

As to Kelly in the wider culture … well, you can’t escape him.

* All this Celtic stuff because the cop whose allegation started the trouble was named Fitzpatrick.

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1834: The bushrangers John Jenkins and Thomas Tattersdale

Cried Peter, where’s your certificate
Or if you have not one to show
Pray who in Heaven do you know?

Well I know Brave Donohue
Young Troy and Jenkins too
And many others whom floggers mangled
And lastly were by Jack Ketch strangled.

–“A Convict’s Tour to Hell” by Australian prisoner Frank McNamara (1839)

On this date in 1834 was strangled the aforementioned Jenkins — John, to his friends — alongside accomplice Thomas Tattersdale for one of 19th century Australia’s headline-grabbing crimes.*

Along with a third man who would turn state’s evidence to save his own neck, these convicts busted out of jail.

On the run in the bush, these fugitives came across the massive estate of Dr. Robert Wardell, a prominent public figure in early Australia. When this newspaper publisher, barrister, and land magnate personally bumped into the trio, he naturally urged the prisoners to give themselves up. Instead, John Jenkins shot Wardell dead.

These outlaws were definitely not of the gentleman variety.

Tattersdale, a non-triggerman who had actually tried to talk Jenkins out of killing Wardell in the first place, sported a suitably Dostoyevskyan appreciation of his own guilt, and basically just asked the court for a few days to prepare his soul. Jenkins made the trial a three-ring circus with his profane attacks on the court, and his bodily attack on his fellow-defendant when he learned that Tattersdale had offered to testify for the crown. (Tattersdale weepily made up with an irritated Jenkins at the time of their hanging, which was only three days after they were condemned.)

Tattersdale’s lamblike submission just got him written out of the ballads; even the newsmen covering the hanging itself “did not much regard” him.

Jenkins, by contrast, stole the show “with that vulgar attempt at bravado courage which distinguishes men of his class.” He’d been joking about his hanging since the trial, and he played cocksure right up to the time they dropped the trap on him — including a distinctly unauthorized last comment on his life and crime.

Well, good bye my lads, I have not time to say much to you. I acknowledge I shot the Doctor, but it was not for gain, it was for the sake of my fellow prisoners because he was a tyrant and I have one thing to recommend you as a friend, if any of you take the bush, about every bloody tyrant you come across, and there are several now in the yard who ought to be served so.

* An unrelated criminal named McCormick died with them, for murdering his wife.

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1842: Stephen Brennan, desperate bushranger

From the 1908 History of the Australian Bushrangers:

Stephen Brennan was sent to the island for bushranging. He was tried there and found guilty of the murder of another convict. There had been no quarrel between the two men, who were as friendly as circumstances permitted under the rigid discipline, nevertheless Brennan suddenly struck Patrick Lynch a blow with a stone-breaker’s hammer, and then stabbed him with a knife. The murder was committed avowedly so that the perpetrator might be hung, and thus escape the harsh treatment he was subjected to, and it is not improbable that it was committed with the consent of the victim, for although there is no evidence of this in this case, it is well known that men had actually drawn lots in Norfolk Island, to decide which should murder the other and get hung for the crime.

This is a very compelling parable, but as a factual matter we’re not sure the basis of the word “avowedly” here; be that mutual lot-drawing trend as it may, the reporting accessible from the National Library of Australia archives suggests that Brennan mounted a vigorous defense, and continued to claim to the foot of the gallows that the homicide was strictly self-defense.

Incidents of “suicide by hangman” had been known among the prison population under the island’s rigorous recent commandant, Joseph Anderson.

But in the early 1840s, the once notoriously draconian penal colony was being run by noted reformer Alexander Maconochie, who relaxed prison discipline with mixed results. (Rougher varieties of discipline would be reimposed thereafter, contributing to the prison riot that resulted in the hanging of bushranger Jackey Jackey.)

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1935: Del Fontaine, punch drunk boxer

On this date in 1935, Canadian pugilist Del Fontaine was hanged at Wandsworth Prison, “the bravest fellow we ever saw go to the scaffold.”

Winnipeg-born as Raymond Henry Bousquet, Fontaine twice won the Canadian middleweight belt.

But a grueling, 98-fight career took its toll on the man.

By the end — when he had crossed the pond for a couple years traversing the English rings — Del Fontaine was visibly punch-drunk. The onetime champion lost 12 of his last 14 fights.

Punch drunk — scientific name dementia pugilistica — is just the classic diagnosis for “concussed all to hell,” afflicted by traumatic brain injury and its mind-altering long-term effects: Depression, violence, mood swings, loss of judgment and impulse control. Those are the kinds of behavior patterns that tend to brush up against the criminal justice system.

The syndrome’s popular name suggests its most visible injury, to motor skills — a symptom Fontaine’s colleagues in the business could readily diagnose.

“Del shouldn’t have been in the ring at all for his last fight. He wasn’t in a fit state,” fellow prizefighter Ted Lewis testified at Fontaine’s trial, recalling a Newcastle bout that ended in a flash on three first-round knockdowns. “As a boxer, he has received more punishment than anyone I have ever seen.” The house doctor at a Blackfriars venue Fontaine had appeared at earlier in 1935 said the fighter complained of double vision and sleeplessness, and couldn’t walk straight. (London Times, Sep. 17, 1935)

If 1935 was a few decades’ shy of our present-day understanding of concussions, it was still well-enough known to those who had experience of the punch-drunk that psychological changes accompanied the physical impairments. Those who knew Del Fontaine knew he wasn’t right in the head.

The reason this tribunal had to sit for the humiliating public probe of Fontaine’s mental crevasses was that Fontaine had left his wife and kids behind when he crossed the Atlantic. Once he got to the Isles, he took up with an English sweetheart in Bristol.

This Hilda Meek, a West End waitress a decade the junior of her lover, became the object of an obsessive infatuation. In a fit of jealous rage, Fontaine gunned her down (and her mother too, although mom survived) when he caught Meek making a date with another man.

Fontaine was captured, unresisting, dolorously on the scene, and openly admitted his actions. Acquittal on the facts would be a nonstarter; diminished responsibility because of dementia pugilistica was the best defense gambit available.

The highly restrictive legal bar against an insanity defense aced out the legal maneuver: however impulsive and moody a lifetime of concussions had left him, they couldn’t be said to have prevented him “knowing right from wrong.” Still, his case attracted a fair bit of public sympathy, and when a petition for clemency went nowhere, hundreds of people, including a number of other boxers, turned up at Wandsworth to protest on the morning the punch-drunk Del Fontaine hanged for murder.

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1628: John Felton, assassin of the Duke of Buckingham

The rack, or question, to extort a confession from criminals, is a practice of a different nature: this being only used to compel a man to put himself upon his trial; that being a species of trial in itself. And the trial by rack is utterly unknown to the law of England; though once when the dukes of Exeter and Suffolk, and other ministers of Henry VI, had laid a design to introduce the civil law into this kingdom as the rule of government, for a beginning thereof they erected a rack for torture; which was called in derision the duke of Exeter’s daughter, and still remains in the tower of London: where it was occasionally used as an engine of state, not of law, more than once in the reign of queen Elizabeth but when, upon the assassination of Villiers duke of Buckingham by Felton, it was proposed in the privy council to put the assassin to the rack, in order to discover his accomplices; the judges, being consulted, declared unanimously, to their own honour and the honour of the English law, that no such proceeding was allowable by the laws of England.

–William Blackstone, Commentaries on the Laws of England, vol. iv (via Harper’s)

Although the jurisprudence of 17th century England with its proscription of legal torture* still stacks up favorably next to that of Berkeley law professors, it certainly did not stand in the way of assassin John Felton‘s execution on this date in 1628.

Felton, an army officer passed over for promotion, stabbed to death nobby royal favorite George Villiers, Duke of Buckingham at Portsmouth — a private grievance fused to a widespread public one. Reams of laudatory verse churned out in the two months between crime and punishment suggest the popular opprobrium for the duke.**

Or you, late tongue-ty’d judges of the land,
Passe sentence on his act, whose valiant hand
Wrencht off your muzzels, and infranchiz’d all
Your shakl’d consciences from one man’s thrall?
But O! his countrie! what can you verdict on?
If guiltie; ’tis of your redemption.

Felton’s victim, the Duke of Buckingham — portrayed in 1625 by Rubens.

Villiers, “handsomest-bodied” scion of the minor gentry, had parlayed his comeliness into power as the favorite (and possibly the lover) of King James I. He had, as Alexandre Dumas put it in The Three Musketeers (in which adventure Buckingham is an important character) “lived one of those fabulous existences which survive, in the course of centuries, to astonish posterity.”†

Buckingham latched himself to the king’s 20-something son and heir Charles I and became a dominant influence in foreign policy as well as wildly unpopular in England. He raised Protestant hackles with Machiavellian statecraft like angling for a Spanish queen and aiding the French against the Huguenots, and since he exercised a share of the royal power he vigorously upheld the rights of the crown as against those of the commons. An opponent once compared him to Sejanus.

Indeed, Buckingham helped the youthful Charles, king since March of 1625, set the tetchy tone for his relationship with Parliament that would define his rule and ultimately cost the monarch his own head. When Parliament demanded Buckingham “be removed from intermeddling with the great affairs of State” as a condition for coughing up any more money, Charles haughtily dissolved Parliament rather than give up his favorite.

That forced the king into sketchy expedients like the “forced loan” and, when the money disputes continued after Buckingham’s death, the king’s eventual legislature-free Personal Rule that set up the Civil War.

So one can see how the sudden 1628 murder of this resented courtier, to whom was imputed every fault and abuse of Charles himself, would have been celebrated. “Honest Jack” — the assassin’s widely-honored nickname — was likewise credited with every perceived virtue of the Parliamentarian party. Juridically, the man was doomed — but in the popular eye,

[t]he passage of Felton to London, after the assassination, seemed a triumph. Now pitied, and now blessed, mothers held up their children to behold the saviour of the country; and an old woman exclaimed, as Felton passed her, with a scriptural allusion to his short stature, and the mightiness of Buckingham, “God bless thee, little David!” Felton was nearly sainted before he reached the metropolis. His health was the reigning toast among the republicans.

In fact, the man who had recently tutored future literary giant (and future Cromwellian agent) John Milton was sentenced by the Star Chamber have an ear cut off for drinking Felton’s health. (The sentence was remitted thanks to some pull with Archbishop William Laud.)

While he’s sometimes described — or dismissed — as merely a disgruntled careerist, the assassin’s own ideological commitment ought not be downplayed. Whatever Felton’s personal pique, the assassination was unambiguously political: our killer had returned from war wounded and melancholy and proceeded to marinate in the era’s anti-monarchical currents. In time, Felton came to understand — surely in concert with many of his countrymen now forgotten by time — that there was a greater good to be served by the sin of murder.

He had left behind in his trunk a few propositions that underscored his state of mind: “There is no alliance nearer to any one than his country” and “No law is more sacred than the safety and welfare of the commonwealth.” He justified himself at trial in similar terms, and did so without desiring to escape the extremities of the law that his crime demanded.

Felton had really expected to be killed in the act of the assassination himself. To that end, he had left a note pinned in his hat that is as good an elegy for him as any a republican ballad. “That man is cowardly and base and deserveth not the name of a gentleman that is not willing to sacrifice his life for the honor of his God, his king, and his country. Let no man commend me for doing it, but rather discommend themselves as to the cause of it, for if God had not taken away our hearts for our sins, he would not have gone so long unpunished.”

While Felton played his part in the generations-long struggle to subordinate king to parliament, the most immediate beneficiary of this affair was not so much the Commons as it was the noble rival who usurped the late Buckingham’s power — the Earl of Strafford.

* Certain though we are of the human rights commitment of Felton’s prosecutors, the man himself made sure of it by dint of a deft bit of interrogatory jujitsu. Menaced with the prospect of torture, he cheerfully resigned himself to it — “Yet this I must tell you by the way,” he added. “That if I be put upon the rack, I will accuse you, my Lord of Dorset, and none but yourself.”

That’s the way to convince judges not to torture you.

** An entirely less negative remembrance commemorates Buckingham and “accursed” Felton at the Portsmouth Cathedral.

† Felton also appears in The Three Musketeers, committing the murder of Buckingham at the instigation of the seductive fictional villain Milady de Winter just days before the musketeers execute Milady herself.

On this day..

1803: Thomas Russell, the man from God knows where

On this date in 1803, Irish revolutionary Thomas Russell was hanged at Ireland’s Downpatrick Gaol.

Russell was such a republican original gangster that as a young junior officer in the British army in the late 1780s, he refused to eat sugar because it was the product of the empire’s slave plantations. (Hardly a bygone issue.) And while his own family was Anglican, Russell was also a staunch supporter of the then-radical (to Anglicans) position of Catholic equality.

For Russell, this personal stuff was all most intently political. And his politics in no way ended with the dumbwaiter.

After leaving the army, he fell in with Irish separatists and in 1795 co-founded the United Irishmen movement, along with a lot of other guys who would wind up in these executioners’ annals. He joined Henry Joy McCracken, Wolfe Tone, and Samuel Neilson in a convocation of Celtic martyrs atop Belfast’s Cave Hill to pledge one another “never to desist in our effort until we had subverted the authority of England over our country and asserted her independence.”

Subversion was Russell’s game for the remaining years of his life; his Letter to the People of Ireland unveils a Tom Paine-like vision of a revolutionary world — a world that the ancien regime would remain violently vigilant against in the wake of the recent French example. Like many of the most dazzling egalitarian dreams of that insurrectionary moment at the end of the 18th century, it’s still never been realized.

Great pains have been taken to prevent the mass of mankind from interfering in political pursuits; force, and argument, and wit, and ridicule, and invective, have been used by the governing party, and with such success, that any of the lower, or even middle rank of society who engage in politics, have been, and are, considered not only as ridiculous but in some degree culpable … Those insolent enslavers of the human race, who wish to fetter the minds as well as the body, exclaim to the poor, ‘mind your looms, and your spades and ploughs; have you not the means of subsistence; can you not earn your bread … leave the government to wiser heads and to people who understand it, and interfere no more!’

-Russell, Letter to the People of Ireland

Russell actually spent most of his final decade imprisoned without trial while tragic Irish insurrections came and went. England finally released him to Hamburg in 1802, and as might be expected, Russell was so itchy by then to get back in the scrap that he immediately broke his parole to return to Ireland for the next available rising.

And as also might be expected, he showed more haste than discrimination in his project. Hey, he did vow “never to desist.”

He joined up with Robert Emmet‘s rebellion — another doomed patriot; Russell was his designated organizer of the north — but found little success canvassing for potential rebels and took the field on July 23, 1803 in a gesture of little more than hopeless romanticism. His band fell apart and fled without a shot fired.


Memorial plaque in Downpatrick commemorating Russell’s execution. (cc) image from Ardfern.

The British did what the British always did and hunted down the Irish rebel, while the Irish did what the Irish always did and stuffed his remains in a ballad.* It’s called “The Man from God Knows Where” — and God knows, two centuries later, where that man has gone.

Whiles I said “Please God” to his dying hope
And “Amen” to his dying prayer,
That the Wrong would cease and the Right prevail.
For the man that they hanged at Downpatrick Jail
Was the Man from God-knows-where!

Peter Linebaugh, author of the indispensable scaffold social history The London Hanged, surveyed Russell’s life and times on the occasion of his 200th death-day here

* Russell tried his own hand at verse, and some Jacobin lines in his hand helped to hang him, e.g.

Proud Bishops next we will translate
Among priest-crafted martyrs;
The guillotine on Peers shall wait,
And Knights we’ll hang in garters;
These Despots long have trod us down,
And Judges are their engines;
These wretched minions of a crown
Demand a people’s vengeance.

Part of the Themed Set: Illegitimate Power.

On this day..