Category Archives: England

1896: Chief Chingaira Makoni, Rhodesian rebel

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On this date in 1897, the British captured, then summarily tried and shot, one of the most persistent native rebels of the Second Matabele War — or (since that’s the colonial British designation), the Chimurenga, or revolutionary struggle of what would become present-day Zimbabwe.

At this point, it was “Rhodesia”, named for imperialist wizard Cecil Rhodes. It was his British South Africa Company, relentlessly pursuing mineral exploitation,* that had pushed the Union Jack into this land.

For natives, of course, that meant dispossession by white settlers, with all the attendant conflicts.

Chief Chingaira of the Makoni district was one of these: “what annoyed him most was the pegging-out of the whole of his territory for farms or gold claims.”

That’s the sort of thing to annoy a man right into outright hostility — resource conflicts, after all, would soon put British and Dutch settlers into their own war, with memorable results for death penalty history.

Not the less affronted, Makoni rose in the Ndebele-Shona chimurenga of 1896-97.** Though the revolt was defeated, its progress ultimately would claim the lives of 372 settlers — one-tenth of Rhodesia’s white settler population.

Chingaira Makoni and a few dozen of his supporters were besieged from the end of August 1896 in a cave, and forced out after several days by dynamite and pledges of safe conduct. Makoni emerged into capture in the dark of night September 3-4, but as described in this public-domain history of Rhodesia, initial plans for some regular trial were hastily discarded upon the escape of some of his fellows.

… [after capture] it was feared that if Makoni should escape … the whole district would be in a blaze, and that the safety of Umtali itself might be endangered. A court-martial was therefore convened to try him, one of the native commissioners being appointed to act as interpreter, and as his defender. In spite of his assertion that he was innocent, he was found guilty of being a rebel, and of having caused the murder of the three traders; he was therefore sentenced to be shot, and the sentence was carried out at once. He was placed with his back to a corn-bin, on the edge of the precipice on which his kraal stood, and died with a courage and dignity that extorted an unwilling admiration from all who were present. One of the best known men in Salisbury, when talking to me about it, said, “I know of nothing grander than Makoni’s death, than the quiet way in which he spoke to his people, and told them to abstain from further resistance; for himself he only begged that he might be buried decently. ‘And now,’ he said, ‘you shall see how a Makoni can die.'”

As with so many entrants in these dolorous pages, the end of the vital signs were not the end of the story. In consequence of Makoni’s martyrdom:

  • The officer who ordered his drumhead trial and execution was himself court-martialed — but acquitted
  • Makoni’s head was allegedly (pdf) hewed off as a trophy (legend has it being sent to Cecil Rhodes† himself)
  • Chingaira Makoni was elevated into the national mythology of (eventually) Zimbabwe

Though it does not deal in any great detail with our day’s principal, this narrative of the campaign by one of the white soldiers involved makes topical reading.

* Rhodes also founded the De Beers diamond mining colossus.

** Actually (and this is a scholarly pdf),

Academic historians have debated whether or not Chingaira Makoni was really a resister, or whether he did not merely stumble into confrontation with the whites, or whether, indeed, he did nothing at all and was merely a victim of white paranoia. These revisionist debates are very remote from the terms of the Chingaira myth in Makoni in the 1970s. In the myth Chingaira was unequivocally the embodiment of resistance; the hero ambiguously slain; buried, no-one was quite sure where; maybe to come again.

The source cited for this entry’s description of Makoni’s death actually upholds the “he didn’t actually rebel at all” position in its chapter on Makoni.

† Rhodes’s disastrous Jameson Raid on the neighboring Transvaal Republic had itself set the stage for the second Matabele Rebellion by depleting Rhodesian troop strength. It also got brother Frank Rhodes sentenced to death — a sentence later commuted.

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1736: Both John Vernham and Joshua Harding survive a hanging

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Bristol, September 4.

Yesterday at 12 o’Clock, Vernham and Harding, were carry’d from Newgate to the Place of Execution on St. Michael’s hill, attended by the Under-Sheriff, and his Officers, and the Constables of the City, (in a Cart, with Halters about their Necks;) the Divine who attended them, having finish’d his last Office, the Cart drew away: But to the Surprize of every one, after hanging the usual Time, and being cut down, Vernham was perceived to have Life in him, when put into the Coffin; and some Lightermen and others, who promis’d to save his Body from the Surgeons, carried him away to a House; and a Surgeon being sent for, immediately open’d a Vein, which to recovered his Senses, that he had the Use of Speech, far up, robb’d his knees, shook Hands with divers persons that he knew, and to all seeming Appearance, a perfect Recovery was expected.


Appropriately metaphorical image of a gateway on St. Michael’s Hill in Bristol, (cc) Daniele Sartori.

The Rumour of this, soon came to the Under-Sherif’s Ears, who, with Mr. Legg, and several Officers armed, went to know the Truth, and finding it certain, were about to remove him to a proper Place, in order to have him again under their Care for a second Execution,and finishing the Law; which we hear would have been done in a private Manner, without any Ceremony: But whether any secret Method was used to dispatch him, or not, he died about Eleven o’ Clock, in great Agony of Pain, his Bowels being very much convls’d, as appeared by his rolling from one Side to the other, and often on his Belly.

{He was bout 20 Years of Age; while [under] Sentence of Death he behaved very penitent, laying the whole of his Misfortune upon a fatal Companion,* particularly as to the breaking open Mrs. Atherton’s House. Harding behaved very unconcerned, charging his Wife with being the chief Inset to his Misfortunes, and even curs’d her just before he received the Sacrament that Morning.}

And to our second Surprize, Joshua Harding is also come to Life again, and is actually now in Bride-well, where great Numbers of People resort to see him, Particularly Surgeons, curious of Observations. He lies in his Coffin, covered with a Rug, has Pulsation, breathes freely, and has a regular Look with his Eyes; but he has not been heard to speak, only motions with his Hand where his Pain lies. ‘Twas thought he would be executed a second Time {to the finishing his unhappy Fate by a private Execution, at the same Tree he was cut down from}; but we are now told, he is to be provided for in some convenient House of Charity, with Restraint, he being to all Appearance defective in his Intellects. Two such Resurrections happening at one Instant in the World, was never heard of in the Memory of man.**

–The Virginia Gazette, Dec. 24, 1736. {Curly-braces portions from an otherwise largely identical report in The South Carolina Gazette, Jan. 15, 1737.}

Coverage from The Daily Gazetteer is available here. The London Magazine adds the detail that all those curiosity-seekers visiting Harding “give him Money” and “are very inquisitive whether he remembers the Manner of his Execution: to which he says, he only can remember his being at the Gallows, and knows nothing of Vernham’s being with him.”

* This Annals of Bristol says that Vernham nearly refused to plead until the prospect of judicial pressing caused him to chicken out. (And ironically, to the extent it forwarded his execution date to this evidently felicitous occasion, almost saved his life.)

** Two hanged men reviving at once is remarkable indeed, but it was not so strange at this time for individual prisoners to survive their executions.

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1679: St. David Lewis, the last Welsh martyr

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On this date in 1679, the Jesuit David Lewis was hanged, drawn and quartered.

Lewis suffered just days after a fellow priest and fellow victim of Titus Oates’ “Popish Plot” concoctions, John Kemble.

Lewis was arrested at the Wales town of Llantarnam where he was Tad y Tlodion, “father of the poor”; hauled to London’s Newgate Prison, he was returned to Usk, also in Wales, for execution.

As with Kemble, Lewis “discover the plot I could not, as I knew of none; and conform I would not, for it was against my conscience.” Where terroristic plotting could not be established, taking Holy Orders in the church would do just as well.

Lewis is not actually the last Catholic martyr in Britain* — Oliver Plunkett earned that distinction in 1681 — but at this late date he goes down as the last Welsh martyr, which is also the title of an energetic Catholic blog all about the man and his milieu.

Seems that site has a virtual pilgrimage to go along with the annual meatspace tradition that takes place this year on Sunday, August 29. The faithful might also enjoy friendsofsaintdavidlewis.co.uk.

* An inventory of martyrs for the faith in the Isles is here.

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1679: St. John Kemble, 80-year-old priest

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On this date in 1679, 80-year-old Catholic priest John Kemble was martyred for the faith at Hereford.

Kemble had been discreetly performing the offices of his faith — still illicit, but less liable to get you killed at this late date — for over five decades since ordination.

Unhappily, Titus Oates and his tall tales of a Popish Plot to assassinate King Charles II came along at the end of that run. In the ensuing anti-Catholic spasm, Kemble was one of the unlucky ones rousted.

Even in the hysteria of the times, nobody could make an actual conspiracy charge stick against this ancient cleric, but in the hands of a sufficiently hostile judiciary, his demonstrable exercise of the priesthood could be enough to make him a traitor. And at his age, the opportunity to buy his life at the cost of his conscience didn’t look the bargain:

According to the course of nature I have but a few years to live. It will be an advantage to suffer for my religion and therefore I will not abscond.

He got the mild consolation of hanging to death before the unpleasant drawing-and-quartering bits were executed upon him, and calmly puffed a pipe and shared a bowl of wine with the sympathetic representatives of the law before it all happened. As a result, Herefordshire long called the comforts enjoyed before a parting a “Kemble pipe” and “Kemble cup”.

He’s been elevated to sainthood on the strength of his posthumous miracles, like healing the jailer’s daughter of throat cancer; the holy man’s severed hand, held at St. Francis Xavier’s in Hereford, is supposed to have saved a man from death as recently as 1995.

(The rest of St. John Kemble reposes at Welsh Newton, and is venerated at an annual pilgrimage.)

Kemble was among the last of the Forty Martyrs of England to die for the Catholic faith; a fellow-inmate, David Lewis, paid his own penalty just five days later.

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1799: Thomas Nash, after rendition to the British

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On this date in 1799, Thomas Nash was hanged in Jamaica for the bloody mutiny on the HMS Hermione.


Before there was Hermione Granger, there was the HMS Hermione. Painting by Thomas Whitcombe.

The Admiralty’s most notorious mutiny this side of the Bounty was actually a far bloodier affair. Dig the description from one of the conspirators who later turned state’s evidence.

“The captain,” said he, “was very severe with the men, who were all good seamen, and they were determined to either run the ship on shore and desert, or else take her by force. This had been in their minds for months before it happened. At last,” said he, “on a dark night, when the young lieutenant had the watch, our minds were made up. A party went to the cabin-door, knocked down the sentry, and entered it. The captain was in his cot, and he was soon overpowered. We threw him out of the cabin-window. Another party threw the officer of the watch over the larboard quarter, but he, being young and active, caught hold of the hammock-stanchion, when one of the men cut his hands off, and he soon dropped astern. The first lieutenant had been ill and keeping his cot, but on hearing the noise, he came up the hatchway in his shirt, when one of the carpenter’s crew cut him down with an axe, and he was sent overboard with several others.”

(There’s a fine audio lecture about this mutiny in the context of maritime class violence at the Bristol Radical History Group, which reminds that in a context where most of a ship’s manpower was marshaled with the violence of involuntary conscription, mutiny bids were a regular feature of Old Blighty’s maritime empire. London Times archives are available from 1785, and searches on the word “mutiny” in those early years reveal dozens of episodes — and those were just the reported ones.)

After making sharkmeat of that tyrannical captain, 27-year-old Hugh Pigot, the Hermione mutineers got drunk, and then delivered the frigate to the Spanish.

A Royal Navy vessel aptly named the Surprise* was able to surprise the wayward warship and cut her out of the Venezuelan harbor Puerto Cabello. The Hermione was then aptly renamed the Retaliation (and later, Retribution). Then, the British put the ominous word into action with a global manhunt for the mutineers.

Nearly thirty men ultimately hanged for the affair, though that meant that most of those involved escaped the noose.

And Executed Today never** deals with the lucky ones.

Mind if I do a Jay?

And so we come at last to our day’s protagonist, one of the Hermione mutineers who was at length recognized in the breakaway former British colonies now constituting themselves the United States of America.

Upon catching this intelligence, British envoys demanded the extradition of this character — who now claimed to be an American citizen by the name of “Jonathan Robbins” — under the terms of the recent and controversial Jay Treaty. After several months under lock and key without any American charge against him, Robbins/Nash eventually had a habeas corpus hearing before Judge Thomas Bee, who decided† that this “American citizen” was no such thing. With an okay from the Adams administration, Bee had the man delivered to the crown.

Nash was immediately shipped down to the British colony of Jamaica, put on trial on Aug. 15 (he had no defense), and hanged on Aug. 19.

Little could the Waterford-born seaman imagine the legacy he bequeathed his fake-adopted country.

I know my rights, man

The Nash extradition became a political firestorm in the U.S., with anti-British Jeffersonian Democratic-Republicans decrying the Federalist administration’s handling of the case. For the infant republic, formulating juridical precedent on the fly, this played as a separation-of-powers issue: was it within the president’s power to fulfill the treaty unilaterally, absent executing legislation passed by Congress? Was it within a judge’s purview to approve an extradition request without the constitutionally assured right to trial by jury?

Sounding eerily contemporary, New York Rep. Robert Livingston denounced a system whereby “a citizen of the United States might be dragged from his country, his connections and his friends, and subjected to the judgment of an unrelenting military tribunal.” Less measured, a Philadelphia Aurora headline announced: “BRITISH INFLUENCE threatens destruction of these United States!” (Source of both quotes)

Though it was surely not decisive, this issue provided great fodder in the 1800 elections swept by the Democratic-Republicans and standard-bearer Thomas Jefferson. Jefferson’s home state of

Virginia, the stronghold of inimical feeling to Great Britain … passed a law forbidding under heavy punishment a magistrate to be instrumental in extraditing any person out of the state. Thus desertions from British ships in a Virginian port became a regular event. Captains of British vessels sailing to United States ports in no long time would meet their men strolling in the streets, furnished with naturalization papers, who set them at defiance, for their arrest was impossible.

“This passage of history,” the otherwise hostile-to-Nash source is obliged to concede, “tells unfavourably on the character of the treatment of British seamen … the Discipline was harsh and oppressive, one of pure repression. The consideration of others, enforced by benevolence and duty, was often regarded as weakness.”

Hard to imagine why anyone would want to mutiny! It calls to mind, at the end of this passion play as at its start, the words supposed to have been hurled at the Hermione‘s doomed Captain Pigot as he pled with his assailants for mercy: “You’ve shown no mercy yourself and therefore deserve none.”

A real reactionary

Despite the electoral slam dunk, the real last word on the case ultimately belonged to the administration’s defenders.

Among these rose in Congress a first-term — for he would only serve a single such term — member of the House of Representatives also from the Old Dominion, John Marshall.

Just months later, Marshall would be one of outgoing President Adams’s “midnight judges” appointed to the federal courts: in Marshall’s case, to the U.S. Supreme Court, where his epochal 34-year term as Chief Justice would shape the future evolution of American jurisprudence.

Rising on March 7, 1800, in defense of President Adams’s conduct in the Nash case, Representative Marshall gave a preview of the strong federalist perspective that would define his time on the bench. (Read it in full here.)

The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations … He possesses the whole Executive power. He holds and directs the force of the nation. Of consequence, any act to be performed by the force of the nation is to be performed through him.

This passage was exhumed from Congressional archives for citation in a 1936 Supreme Court case on federal supremacy, and has proceeded thence into a go-to bullet point for every latter-day defender of any arbitrary executive authority.

Of consequence (as Marshall might put it), Marshall’s speech about Nash gets an approving reference in Bush administration lawyer — and possible future extradition subject? — John Yoo‘s September 25, 2001 memorandum on “The President’s Constitutional Authority to Conduct Military Operations Against Terrorists and Nations Supporting Them”.

Supreme Court Justice Clarence Thomas, too, quotes this phrase in his Hamdi v. Rumsfeld dissent, further to the doctrine that a man consigned to a presidential oubliette has no recourse to the courts; Justice John Harlan used it (with the rather grandiosely exaggerated qualifier that “from that time, shortly after the founding of the Nation, to this, there has been no substantial challenge to this description”) in his dissent in the Pentagon Papers case to claim that Richard Nixon could prevent the New York Times and Washington Post from publishing the embarrassing classified history of the Vietnam War.‡

So in this imperial age, Thomas Nash is more with us than ever he was. Who knows but what noxious monarchical theories are even now being buttressed with footnotes resolving to the vindictive execution of that obscure mariner two centuries past?

* The Surprise features prominently in novelist Patrick O’Brian‘s beloved Aubrey-Maturin series of nautical adventure novels, the most widely recognized of which is Master and Commander.

Given the vessel’s centrality in this popular series, there’s a book all about the colorful history of the Surprise. In reality, the Surprise — actually a captured French ship herself — was sold out of the service in 1802, prior to the notional 1805 setting of both the cinematic Master and Commander: The Far Side of the World and the book in the series when Jack Aubrey first commands her.

** … hardly ever.

† Rightly, it’s generally presumed; “Robbins” is alleged (albeit by his self-interested executioners) to have confessed to being Nash before his execution. This entry garners the Wrongful Execution tag on the basis of its contested American jurisprudence.

‡ The limited aim of Marshall’s speech in context, and its subsequent (mis)appropriation, is the subject of an interesting and accessible-to-laypersons law review article here. (pdf) This tome gets a bit more into the weeds on the way the separation of powers operated practically as the Nash case unfolded in Judge Bee’s court.

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1860: John Moyse, the Private of the Buffs

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“Our readers,” intoned the London Times on Nov. 5 of 1860, “will not have overlooked the behavior and fate of Private Moyse, of the Buffs, whose resolution, indeed, was not proof against the allurements of the grog-cart, but who actually faced death in cold blood rather than demean himself by prostration before ‘any Chinaman alive.'”

It was on this date that said Private Moyse, John to call him by his Christian name, died in captivity — allegedly because he refused to kowtow to a Chinese mandarin. “The Sikhs obeyed” this Asiatic command, goes the account. “But Moyse, the English soldier, declaring that he would not prostrate himself before any Chinaman alive, was immediately knocked upon the head and his body thrown on a dunghill.”

Kowtowing — Chinese insistence upon; British rejection of — was a touchy symbolic issue between the rising European hegemon and the ancient Chinese empire. It’s said (likely with more color than accuracy) that the British envoy Earl Macartney‘s 1790s trade mission to the east failed for want of a kowtow.

For the same reasons this legend became current, the Moyse tale made sensational propaganda during Britain’s Second Opium War intervention in China, valorized in this jingoistic tear-jerker.

The Private of the Buffs
by Sir Francis Doyle

Last night, among his fellow roughs,
He jested, quaffed and swore,
A drunken private of the Buffs,
Who never looked before.
Today, beneath the foeman’s frown
He stands in Elgin‘s place,
Ambassador from Britain’s Crown
And type of all her race.

Poor, reckless, rude, low-born, untaught,
Bewildered and alone.
A heart, with English instinct fraught,
He yet can call his own.
Aye, tear his body limb from limb,
Bring cord, or axe, or flame;
He only knows that not through him
Shall England come to shame.

Far Kentish hop fields round him seem’d
Like dreams, to come and go;
Bright leagues of cherry blossom gleam’d,
One sheet of living snow;
The smoke above his father’s door
In grey soft eddyings hung.
Must he then watch it rise no more,
Doomed by himself so young?

Yes, honour calls! With strength like steel
He puts the vision by.
Let dusky Indians whine and kneel;
An English lad must die.
And thus, with eyes that would not shrink,
With knee to man unbent,
Unfaltering on its dreadful brink
To his red grave he went.

Vain, mightiest fleets of iron framed;
Vain, those all-shattering guns;
Unless proud England keep, untamed
The strong heart of her sons.
So, let his name through England ring –
A man of mean estate,
Who died, as firm as Sparta’s King
Because his soul was great.

Moyse’s defiance and death make an appearance in this Flashman novel.

Aye, Moyse liked to get into the drink and had a discipline problem, but no matter. This fact was easily appropriated further to his bluff and earnest character in national martyrdom.

Getting a bit carried away with itself, the Times editorialized on Nov. 16,

We have no such visions of human perfectibility as to believe that all the young men of this country will be “respectable youth” looking for “honourable service.” … The English are a people endowed with superabundant energy, and energy must sometimes take an irregular and even a criminal form. The best use that can be made of a young man who will settle down to nothing is to get him to enlist as a soldier. He is kept under strict discipline at the same time that his love of activity and adventure is gratified. He becomes a first-rate fighting man, and fulfils splendidly the only duty which society can ever hope to obtain from him. There is no reason to wonder, with Colonel McMurdo, that acts of heroism have been performed by such men, for they have performed them in all ages and all countries. The “obstinate intemperate hero” is of all time, whether in the shape of Alexander or Lord Clive, or Private Moyse of the Buffs. There are two kinds of valour, belonging to two different classes of men, and a citizen-force may very usefully be employed side by side with the wildest lads who ever rioted in Tipperary or gambled in a London pothouse.

Basically forgotten now, this story can be fleetingly encountered among Anglophiles as an arcane indicator that the national character of Britain, or the West, or what have you, is not now what it once was, given all the kowtowing to mandarins going on in these debased times.

(Although this post amusingly juxtaposes the “commonsense prudence and practicality” of Wellington taking an expedient knee so that a military strategem would not be lost on account of bullheaded pride. Maybe it helped that Wellington was kneeling to a European.)

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1916: Private Billy Nelson

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On this date in 1916, 19-year-old Durham Private William Nelson was shot for desertion by the British military.

The Pity of It
by Thomas Hardy

I walked in loamy Wessex lanes, afar
From rail-track and from highway, and I heard
In field and farmstead many an ancient word
Of local lineage like “Thu bist,” “Er war,”

“Ich woll,” “Er sholl,” and by-talk similar,
Nigh as they speak who in this month’s moon gird
At England’s very loins, thereunto spurred
By gangs whose glory threats and slaughters are.

Then seemed a Heart crying: “Whosoever they be
At root and bottom of this, who flung this flame
Between folk kin tongued even as are we,

“Sinister, ugly, lurid, be their fame;
May their familiars grow to shun their name,
And their brood perish everlastingly.”

According to the archive capture of the lamentably defunct Shot at Dawn site — which campaigned (successfully) for clearing the names of World War I soldiers who had been executed for military failings like desertion or cowardice — Nelson gave a pitiable account of his situation. It was less the horror of trench warfare and mustard gas than desperation on his own home front that undid Nelson’s “nerves”.

“I have had a lot of trouble at home, and my nerves are badly upset. My father is a prisoner in Germany and is losing his eyesight there through bad treatment. My mother died while I was still in England, leaving my sister aged 13 and my brother aged 10. I am the only one left. I had to leave them in charge of a neighbour. I had no intention of deserting. I did not realise what I was doing when I left the camp. When I did so I went and gave myself up. When I went to the store my object was to get a night’s sleep and then go and surrender in the morning. I thought it was too late to do so that night. I did not know when the battalion was coming out of the trenches.”

Hap
by Thomas Hardy

If but some vengeful god would call to me
From up the sky, and laugh: “Thou suffering thing,
Know that thy sorrow is my ecstasy,
That thy love’s loss is my hate’s profiting!”

Then would I bear it, clench myself, and die,
Steeled by the sense of ire unmerited;
Half-eased in that a Powerfuller than I
Had willed and meted me the tears I shed.

But not so. How arrives it joy lies slain,
And why unblooms the best hope ever sown?
–Crass Casualty obstructs the sun and rain,
And dicing Time for gladness casts a moan. . . .
These purblind Doomsters had as readily strown
Blisses about my pilgrimage as pain.

That 13-year-old sister whom Nelson worried over long suffered her brother’s senseless death. In 2004, that woman’s daughter (Billy Nelson’s niece), Nora High, told the Guardian:

Every Armistice Day, my mother shed buckets of tears. We’ve got Billy’s Bible, I got that when mother died. She used to lay that out on a piece of blue satin cloth, and she would cry. She always said: ‘I won’t cry any more because that only upsets Billy. He doesn’t want me to cry. Everything’s fine for him now.’

In Time of “The Breaking of Nations”*
by Thomas Hardy

Only a man harrowing clods
In a slow silent walk
With an old horse that stumbles and nods
Half asleep as they stalk.

Only thin smoke without flame
From the heaps of couch-grass;
Yet this will go onward the same
Though Dynasties pass.

Yonder a maid and her wight
Come whispering by:
War’s annals will cloud into night
Ere their story die.

* The title is a Biblical allusion to Jeremiah 51:20.

As a slight stretch, part of the Themed Set: Thomas Hardy.

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1858: James Seale, on the heath with Thomas Hardy

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On this date in 1858, an “unusual incident” occurred in the life of then 18-year-old architect’s apprentice Thomas Hardy, as related by Hardy’s second wife, Florence.

He probably could have used a Thomas Hardy’s Ale.

One summer morning at Bockhampton, just before he sat down to breakfast, he remembered that a man was to be hanged at eight o’clock at Dorchester. He took up the big brass telescope that had been handed on in the family, and hastened to a hill on the heath a quarter of a mile from the house, whence he looked towards the town. The sun behind his back shone straight on the white stone facade of the gaol, the gallows upon it, and the form of the murderer in white fustian, the executioner and officials in dark clothing and the crowd below being invisible at this distance of nearly three miles. At the moment of his placing the glass to his eye the white figure dropped downwards, and the faint note of the town clock struck eight.

The whole thing had been so sudden that the glass nearly fell from Hardy’s hands. He seemed alone on the heath with the hanged man, and crept homeward wishing he had not been so curious. It was the second and last execution he witnessed, the first having been that of a woman two or three years earlier, when he stood close to the gallows.

The man in question was James Seale (or Searle), and this was not only to be the last hanging Hardy witnessed — it was the last in Dorset full stop.

The London Times‘ Aug. 11 blurb of the hanging noticed that

the wretched culprit was tried … for the wilful murder of a young woman named Sarah Ann Griffy, at Stoke Abbotts, on the 30th of April last, and also for having set fire to the house in which his victim resided. The prisoner is a very young man, not having reached his 20th year, and had been working as a labourer for some time past in the vicinity … On the day of the murder … when all the parties, who were farm labourers, were at work, excepting the deceased, the prisoner entered the house, and, after maltreating her, inflicted a most fearful gash in her throat, nearly five inches long, with a clasped cheese knife, and other injuries on the hands, arms, and breast, and then set fire to the house.

As implied by Hardy’s ability to remember the hanging at breakfast, find the telescope, and get to his observation point before the trap dropped at 8 a.m., the youth was an early riser. Michael Millgate’s biography of Thomas Hardy notes that

[b]y eight o’clock in the morning, the time when Seale’s execution took place, Hardy would have been up reading for two or three hours before setting off for Dorchester and Hicks’s office: when only candles were available for indoor illumination it was necessary to keep a countryman’s hours and take advantage of all the available daylight. He had now added the study of Greek to his continuing study of Latin: the signature in his first copy of the Iliad is dated 1858, and he seems to have worked persistently through it until some time in 1860, marking the passages that he had read — and that Jude Fawley, much later, would be described as reading in Jude the Obscure.

Part of the Themed Set: Thomas Hardy.

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1856: Elizabeth Martha Brown, Tess of the D’Urbervilles inspiration

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On a drizzly morning this date in 1856, Elizabeth Martha Brown (or Browne) was hanged for murder as a young and fascinated Thomas Hardy looked on.

Brown was born Clark(e), but she took the name of a husband 20 years younger than she, which is how she got into this mess.

Said John Brown was rumored to have made the match for money, though his older wife sure seems to have held her own in the looks department. (More on that in a bit.)

In due time, John afflicted their already-tempestuous wedded life with an affair — courtesy of one Mary Davis, a young woman stuck in her own unhappy May-December marriage.

According to the confession Elizabeth provided two days before her own death, she had a fantastic row with her drunken husband when he came home at 2 a.m. one night and Elizabeth accused him of being

“to Mary Davis’s?”

He then kicked out the bottom of the chair on which I had been sitting, and we continued quarrelling until 3 o’clock, when he struck me a severe blow on the side of the head, which confused me so much I was obliged to sit down.

He then said (supper being on the table at the time) “Eat it yourself and be damned,” and reached down from the mantelpiece a heavy hand whip, with a plaited head and struck me across the shoulders with it 3 times, and every time I screamed out I said “if you strike me again, I will cry murder” He replied “if you do I will knock your brains through the window,” and said hoped he should find me dead in the morning, and then kicked me on the left side, which caused me much pain.

He immediately stooped down to unbuckle his boots, and being much enraged, and in an ungovernable passion at being so abused and struck, I seized a hatchet that was lying close to where I sat, and which I had been making use of to break coal for keeping up the fire to keep his supper warm, and struck him several violent blows on the head – I could not say how many – and he fell at the first blow on his side, with his face to the fireplace and he never spoke or moved afterwards.

Unfortunately, this confession broke a protracted* attempt to stick to an implausible “the horse kicked him dead” story whose maintenance seriously complicated any bid to secure clemency for the woman.

She received, instead, a different kind of life: literary immortality that hardly any in Dorchester that gray morning could have aspired to.

Thomas Hardy, not yet the canonical novelist famous enough for his own Monty Python sketch but a 16-year-old architectural apprentice, was among the three or four thousand who braved the inclement weather to witness Brown’s hanging** — the mandatory sentence then for a circumstance the courts would handle differently today.

Even seven decades later, Hardy could recall the vividly sensual effect of this macabre scene.

I saw — they had put a cloth over the face — how, as the cloth got wet, her features came through it. That was extraordinary.

and

I remember what a fine figure she showed against the sky as she hung in the misty rain and how the tight black silk gown set off her shape as she wheeled half round and back.
Recent film adaptations of Tess of the D’Urbervilles. The book is available free from Gutenberg.org.

In both her tragic life and her hempen death, Brown is thought to have informed Hardy’s title character in the 1891 novel Tess of the D’Urbervilles, slyly subtitled “A Pure Woman Faithfully Presented.”

“Justice” was done, and the President of the Immortals, in Aeschylean phrase, had ended his sport with Tess.

-Thomas Hardy, Tess of the D’Urbervilles

* Everything is relative, of course. In Brown’s instance, less than five weeks separated murder from execution, so she had scarcely had time to be obstinate about withholding the confession.

** Brown was said to have died with great firmness, and the report from the scaffold brings us the classically Victorian detail that executioner William Calcraft, having departed the platform to spring the trap after pinioning his prisoner, was obliged to make a return trip when he realized he’d forgotten to tie down her dress against any immodest billowing.

An ironic precaution, given that we remember this hanging precisely because of Hardy’s captivation with the more refined eroticism of the “wet hanging gown contest” tableau.

Part of the Themed Set: Thomas Hardy.

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1775: Maharajah Nandakumar, judicially murdered?

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On this date in 1775, inconvenient Indian official Nandakumar (or Nand Kumar, or Nuncomar) was hanged on a forgery charge — all too conveniently inflicted at the very time he was accusing British Governor-General Warren Hastings of corruption.

Nandakumar and Hastings decidedly did not get along; the Indian believed he had been unfairly denied a plum career assignment.

He leveled in response an accusation that Hastings was taking payola in exchange for his appointments.

English pols involved in the administration of India, such as Philip Francis, John Clavering and George Monson, had their own rivalries with Hastings and wanted to pursue these charges. Instead, within weeks, Nandakumar was facing years-old forgery charges,* and two months after his trial, he was at the end of a rope.

Hastings’ actual involvement in this circumstance is impossible to prove, but

Warren Hastings: not a man to be trifled with. (Portrait by Tilly Kettle.)

The certain facts are that Nand Kumar was Hastings’s enemy, that [India’s Chief Justice Elijah] Impey was Hastings’s friend; that at a moment of grave crisis in Hastings’s life, when Nand Kumar was the most eminent witness against his name and fame, that witness was arraigned on a charge that was very old, that had been suddenly converted from a civil to a criminal charge; that he was tried, found guilty, and executed. On the basis of that bare narrative of facts it would seem that if Hastings had nothing to do with the matter, he might almost as well have had as far as the judgment of posterity went. The thing was too apt, the conditions too peculiar not to leave their stigma upon the memory of the man who gained most by them.

This sort of questionable administration of the crown’s possessions on the subcontinent would lead in 1781 to the Amending Act, an attempt to place India on an organizational footing more conducive to the confidence of an increasingly dubious public.

Parliamentarian heavyweight Edmund Burke would eventually weigh in on the hanged man’s side, charging that Hastings had “murdered this man, by the hands of Sir Elijah Impey.” In a report to the select committee established by the Amending Act (cited in this tome), Burke noted

that this Trial and Execution was looked upon by many of the Natives as political; nor does the Committee conceive it possible, that, combining all the Circumstances together, they should look upon it in the Light of a common judicial Proceeding; but must regard it as a political Measure, the Tendency of which is, to make the Natives feel the extreme Hazard of accusing, or even giving Evidence of corrupt Practices against any British Subject in Station, even though supported by other British Subjects of equal Rank and Authority. It will be rather a Mockery, than a Relief to the Natives, to see Channels of Justice opened to them, at their great Charge, both in the Institution and in the Use, and then Appeals, still more expensive, carefully provided for them, when, at the same Time, Practices are countenanced, which render the Resort to those Remedies far more dangerous than a patient Endurance of Oppression, under which they may labour.

Hastings was impeached for corruption in 1787 — it took Burke, who served as one of the prosecutors, two full days to read the 20-count indictment against him, though Burke’s own attempt to add judicial murder to the bill of particulars was jettisoned — along with the now ex-Chief Justice Impey.

Both were acquitted, even though investigations had laid bare a sort of endemic, routine bakhsheesh: “the native offers because he thinks he is bound to do so, and the Englishman accepts because he fears to hurt the giver’s feelings.” Hastings acknowledged availing himself of donatives, generally arguing that it was the done thing, benefited the East India Company for which he worked, and everything stayed well this side of egregious.

The (lurid) conduct of this impeachment proceeding, and its effect for consolidating British imperial control away from the irregular hands of the British East India Company while generating a national mythology of missionary civilization, is the subject of a fascinating book, The Scandal of Empire: India and the Creation of Imperial Britain.

Another record of the trial is available free from Google books; J. Duncan M. Derrett considers the facts of the forgery case (it “was not a judicial murder”) in the collision of Hindu and English law in “Nandakumar’s Forgery” in The English Historical Review of April 1960.

* He forged part of a will to recover a bad loan. All concerned appear to agree that this charge is factually accurate, which is, of course, a long way from explaining why the matter required immediate adjudication at this juncture.

Incidentally, while forgery could get you hanged in England, it was a much less serious offense under Hindu law.

Part of the Themed Set: The Empire Strikes Back.

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