1771: Henry Stroud and Robert Campbell, for revenge

On this date in 1771, Henry Stroud and Robert Campbell were hanged at Bethnal Green Road — a pointed message to the Spitalfield working class.

Their hanging was tit for tat in an exchange of deadly violence between the state and laboring Londoners.

Two years before, an anti-union law making it a capital crime to cut silk out of looms had actually been put to use with the hanging of two as part of the suppression of a Spitalfields weavers riot.

This execution provoked in the following months a horrifying mob vengeance against the independent weaver who had testified — falsely, it was suspected — against those hanged men. When said informer, name of Daniel Clark, was recognized walking in the area one day, an angry crowd formed and “stript him, tied his hands behind him, took him to a pond, threw him in, and then threw stones and brickbats at him for some time; then took him out, tied a cord round his neck, and threw him in the pond again, and then threw stones and brickbats at him till they beat out his brains.”*

Snitches get … brickbats.

Justice David Wilmot** determined to hunt out some of this lynch mob he could make an example of, not disdaining to resort to arm-twisting and witness-buying.† Wilmot’s advertisement for leads drew anonymous threats, which the justice scornfully published in newspapers to up the ante.

The writers of these letters … [are] pursuing with insatiable & heart felt revenge, their designs against you should any one person suffer from your busy concern. & know farther that having such connections at all your haunts, and free access at most time to your person, ’til not the whole third regiment of guards that can protect you from the well concerted plan for your destruction.

The result was a chaotic five-day trial, at which witnesses openly flinched at the prospect of popular vengeance waiting outside the Old Bailey doors.

Henry Stroud, nevertheless, was identified by several witnesses as having taken a prominent part in visiting popular justice upon Clark, in the form of two or three hurled bricks that knocked the victim down — while Robert Campbell was reputed to have thrust the bloodied Clark’s head into the pool.

They were pointedly put to death behind a heavily armed cordon near the very spot of the homicide. Stroud, at least, went to his death still vigorously protesting his innocence.‡

“Thus did the alternating pageants of ritual murder come to an end,” writes Peter Linebaugh of this exclamatory execution in The London Hanged. “A hundred bayonets from the War Office protecting the hangman and the magistrates. The scapegoating of the class antagonism concluded with this powerful, official display of power in the streets, where usually the trill of [weaving] shuttles would fill the air.”

* Quoted in Norma Landau’s “Gauging crime in late Eighteenth Century London,” Social History, 35:4.

** Not to be confused with Justice Wilmot, then the sitting Chief Justice of the Common Pleas. Justice David Wilmot’s credentials from this affair and otherwise established him as a hated enemy of the London working class, and consequently his home was torched during the proletarian Gordon Riots.

† viz., testimony of one witness among the several in the Old Bailey transcript who openly discuss payola: “another gentleman offered me fourscore pounds; a gentleman that brought me the summons; he said, you know one Bob Campbell; I said, I did not by name; he said, he would give me fourscore pounds; I was frightened, he said, I see you are a stranger; if you will but swear to the man I will give you fourscore pounds.”

‡ After the days-long prosecution, Stroud’s entire defense case ran two sentences: “I am as innocent of the affair as ever was a child in the world. I neither handled brick, stone, tile, nor anything, so help me God.”

On this day..

1631: Giles Broadway and Lawrence Fitzpatrick, for consistency

On this date in 1631, Giles Broadway and Lawrence Fitzpatrick hanged at Tyburn.

Although the evidence against them was extremely questionable, their trial just nine days prior could hardly have turned out otherwise, for these men were the servants implicated in conniving with the Earl of Castlehaven in the scandalous debauch of his household.

This notorious case had that May resulted in Castlehaven’s execution (wonderfully guest-blogged in these pages by Courtney Thomas). The Earl appears to have run his household as a veritable den of sexual iniquity, but the actual facts upon which a capital conviction had been secured were sketchy and subject to no little public controversy. Castlehaven himself declared on the scaffold that he was a victim of a conspiracy by other members of his family to lay hands on his inheritance.

Manservants

Crucial to the Earl’s condemnation was the testimony of the servants Giles Broadway and Lawrence Fitzpatrick. Broadway owned, under pressure, that he had raped Castlehaven’s wife at the Earl’s direction. Fitzpatrick copped to having sexual relations with the Earl — but crucially claimed that those acts had not entailed actual penetration.

The whole scandal inspired no end of bodice-ripping broadsides and warring doggerel arguing the Earl’s perspective or his wife’s. Crude as this one is, it gets at the key legal issues at stake in the trial — to wit, whether the actual acts that took place in Castlehaven’s Sodom met the legal definition of buggery or of rape:

The prisoner nowe
had leave to shewe
concerninge the rape of his wife

How that hee did it not
but conceived it a plott
to take away him and his Life

But alas twas in vayne
himselfe for to straine
since the Judges delivered it Plano

that to knowe by the tuch
was eaven just as much
as if it had beene in Ano

Its thought their trunke hose
did alsoe suppose
that in concubilu cum faeminis

ther might bee a rape
if lust made an escape
per ejectionem seminis

Book CoverGiven that the court had found the ejectionem seminis here sufficient to lop off the head of a peer of the realm, the man’s low-born servants could hardly be acquitted in the same matter without undermining the verdict’s already tenuous public confidence. As the judges in the servants’ case put it, “We for our parts thought it to stand with the honor of common justice, that seeing their testimony had been taken to bring a peer of the realm to his death, for an offense as much theirs as his, that they should as well suffer for it as he did, lest any jealousy should arise about the truth of the fact, and the justness of the proceedings.” (Quoted in A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven, a recent book on the scandal.)

Law Orifices

Broadway was the easier condemnation.

Desperately, he tried insisting that his “rape” of the Countess had not achieved actual penetration: the scare quotes here because the boundaries of a body constituted the bright line establishing whether the capital crime of rape had been committed. (Compare for instance this close call from the 18th century.) As the poem implies, Broadway suggested that he suffered premature ejaculation before he crossed the coital, and legal, threshold.

This circumstance required the victim to testify against him. Anne Stanley, fruit of an ancient and powerful family — she had once upon a time had a case as the heir to the throne of England — therefore had to present herself to attest that this mean person “had known her carnally, and that he did enter her body” while her late beheaded husband sadistically held her down. In court she could not bear to look at Broadway, she said, “but with a kind of indignation, and with shame, in regard of that which had been offered unto her, and she suffered by him.”

Fitzpatrick was a tougher trick.

Castlehaven himself had only been convicted by a bare majority on the sodomy charges, and that only by the dubious expedient of expanding the reading of the sodomy statute to compass all same-sex contact: previously, as with rape, penetration had been understood to constitute the crime.

When it came to Fitzpatrick’s trial, he argued vehemently that he could not be made his own accuser. Moreover, as he said in his dying address at the scaffold, “my lord Dorset had entrapped and ensnared him to his destruction; for saying upon his honour, and speaking it in the plural number (as the mouth of the whole [Privy Council]) that whatsoever he delivered should no ways prejudice himself, he thereby got him to declare the earl guilty of the sin of Buggery; wherein himself being a party, was the only cause he came now to suffer death.” That’s a right dirty trick, just another one of many compelling reasons never to talk to cops.

Broadway, for his part, charged under the gallows that his victim Anne Stanley — who remained in the twisted marriage for five-plus years despite having the means to escape it — was herself a principal despoiler of the household’s virtue, “the wickedest woman in the world.” Two other servants, he said, “lay with her commonly,” and one of them had “gotten a child upon her, which she, like a wicked woman, had made away,” leading that vengeful servant to rape at the Earl’s instigation Anne’s 12-year-old daughter by her previous marriage — for which purpose the Earl himself had to apply “oil to open her body.” Home sweet home.

(Young Elizabeth Barnham was dynastically married to her stepbrother James, who himself initiated the complaint against his father. Castlehaven appears to have hated his own son, and the son feared that the Earl’s largesse with his favorites and his apparent attempt to have his servant father on Elizabeth an heir that was not of the family’s own blood would destroy the Touchets. Castlehaven was not indicted on this specifically and the other charges against him were sufficient to the purpose. But it was surely a sensitive offense for his fellow-bluebloods. In his exhortation to the condemned Castlehaven, the Lord Steward scarcely mentioned the rape and sodomy stuff. “Although you die not for that,” he intoned, “you have abused your own daughter! And having both honour and fortune to leave behind you, you would have had the impious and spurious offspring of a harlot to inherit!” This quote, like all the quotes from the trials and scaffold, can be found here; this volume, however, proposes not “harlot” but the seemingly more suitable word varlet.)

On this day..

1969: Lee Soogeun, North Korean defector

On this date in 1969, alleged North Korean operative Lee Soogeun (other transliterations exist for his given name, such as Soo Keun or Soo-geun) was hanged at a Seoul prison for espionage.

A North Korean party elite, Lee was the Vice President of the North Korean Central News Agency.

On March 22, at the Military Armistice Commission meetings at the border outpost of Panmunjom, Lee suddenly leapt into a UN official’s vehicle and escaped over the frontier.

The high-profile defector got a hero’s welcome in the South. (A U.S. Army captain also copped a medal for helping him escape.)

Lee hit the lecture circuit critically discussing the situation north of the 38th parallel, and worked as an analyst for South Korean intelligence.

However, the KCIA also had Lee under surveillance, and came to believe that he was actually gathering intelligence to send to the north. Realizing his predicament, Lee fled with his niece for Cambodia. They were captured en route in Vietnam.

South Korea’s Truth and Reconciliation Commission has, while stopping short of exonerating Lee, ruled his confinement illegal, and the self-incriminating statements he made in that environment insufficient evidence, and urged his case be re-tried. Lee’s niece served 20 years of a life sentence as his accomplice, but was released in 1989 and eventually won a 6.8 billion won wrongful imprisonment suit.

On this day..

1945: Louis Till, father of Emmett

The Aug. 28, 1955 lynching of Emmett Till and the subsequent acquittal of his murderers by an all-white Mississippi jury were among the American civil rights movement’s pivotal events.

For a certain indecent number of people, however, the passion of the 14-year-old youth — alleged to have flirted with a white woman — was to be mourned only insofar as it confirmed the menace that insatiable Negro libidos posed to southern way of life.

Further to that end, the months following Emmett Till’s death brought to the headlines the formerly obscure* July 2, 1945 hanging of an American G.I. in Italy: Emmett’s father, Louis Till.

The violent Louis Till ruined his marriage to Emmett’s mother Mamie shortly after his son’s birth. Repeatedly violating her restraining order eventually landed Till pere before a judge, who gave him a choice between hard time and enlistment. Till joined the U.S. Army.

In 1945, he was court-martialed for murdering an Italian woman and raping two others. His execution near Pisa — he’s buried in Europe in the Oise-Aisne American Cemetery, the same final resting place as Eddie Slovik — was the no-account end of a no-account man for many years thereafter. Mamie Till said that she wasn’t even told what happened to her ex-husband, and was stonewalled when she sought information.

By the end of 1955, everyone knew.

In Jim Crow’s backlash against nationwide condemnation of the Till lynching, Louis Till came back to life in newsprint all that autumn to visit the sins of the father upon his late son: here was the mirror of the young predator all grown up, violating Italian women. Mississippi’s white supremacist senators used their rank to obtain his army file, and leaked it to reporters.

According to Davis Houck and Matthew Grindy’s study of the Mississippi media’s conflicting reactions to the events of 1955, “Louis Till became a most important rhetorical pawn in the high-stakes game of north versus south, black versus white, NAACP versus White Citizens’ Councils.”

The pawn’s sacrifice did not figure in the endgame.

Crude attempts to impose blood guilt for Louis Till’s crimes aside, Clenora Hudson-Weems argues in her Emmett Till: The Sacrificial Lamb of the Civil Rights Movement that it was Emmett Till’s shocking death that catalyzed the civil rights movement — that the horrifyingly mutilated face at his open-casket funeral and the insouciant confession of his killers once they had been acquitted shook southern blacks and northern whites alike so profoundly as to dispel any confidence that legal briefs or political incrementalism could grapple with America’s race problem. Civil rights lion Joyce Ladner was an 11-year-old Mississippi girl when Emmett Till was lynched; she would tell Hudson-Weems of the shock it delivered in her world coming on the heels of the Brown v. Board of Education ruling desegregating schools.

A very important thing is that it followed the Supreme Court decision in 1954. It’s like the Whites said that they don’t care what rights we were given … So when the spark came in Mississippi to sit in the public library, for example, people who participated had been incensed by the Till incident and were just waiting for the spark to come. The Till incident was the catalyst.

On December 1, 1955, Rosa Parks refused to give up her seat to a white man on a Montgomery, Alabama bus, launching the famous bus boycott. “I thought of Emmett Till and I just couldn’t go back,” Parks said later.

Emmett Till’s body was exhumed for autopsy and DNA testing in 2005, in part to dispel the old story first promulgated by the attorneys who defended Till’s murderers — that the body wasn’t Emmett Till’s at all. On the corpse’s finger was a ring inscribed with the initials of his father: L.T.

* Louis Till did have one small claim to fame prior to his son’s murder: the fascist poet Ezra Pound chanced to be imprisoned with Till; he mentions the later-famous execution in his Pisan Cantos:

Till was hung yesterday
for murder and rape with trimmings

On this day..

1278: Pierre de La Brosse, “out of spite and envy”

On this date in 1278, humiliatingly dressed like a buffoon, Pierre de La Brosse was strung up at Montfaucon without benefit of trial.

De La Brosse (English Wikipedia entry | French) was a court figure of the petty nobility.

He cut his teeth — and a holy beard — as a surgeon and barber in the court of Saint Louis. When Louis died on crusade in 1270, Philip the Bold succeeded to the throne. Philip was tight with Pierre, so this seemed like great news for the chamberlain — and indeed, de La Brosse advanced rapidly with the new king’s patronage in wealth and influence.

The power of this Touraine arriviste did not fail to attract the enmity of the realm’s hereditary lords. As their grandchildren would do in Enguerrand de Marigny‘s time, they nursed their resentments and awaited only their chance.

King Philip’s marriage in 1274 to Marie of Brabant* gave them that chance.

His influence eclipsed by the new bride, de La Brosse developed a dangerous rivalry with the royal consort. When Philip’s firstborn son by his previous marriage and the heir to the French throne died suspiciously in 1276, Pierre de La Brosse allegedly made bold to suggest that the new queen herself might have poisoned the youth off.**

Philip “investigated” this by sending emissaries to consult a clairvoyant who, knowing she was speaking to representatives of the royal family, gave a judiciously positive appraisal of the queen, leaving de La Brosse on very tenuous footing indeed. The barons cut that footing out from under their foe a few months later when they produced documents, likely forged, implicating de La Brosse in a treasonable arrangement with the Spanish crown. De La Brosse was imprisoned for six months and condemned without a regular judicial proceeding: he has the unenviable distinction of being the first victim of an extraordinary royal commission in France. That commission destroyed the evidence (or “evidence”) in the case, but to judge from the positive appraisal de La Brosse enjoyed from chroniclers the popular sentiment for his innocence was widespread.

Pierre de La Brosse is among the several French royal counselors who are sometimes apocryphally said to have built the Montfaucon gallows only to hang upon them. The last word on him (and the more interesting trivia) belongs to Dante, who stationed the man in Purgatory as one who was unjustly slain but without opportunity to cleanse his soul with a last repentance.

I saw the soul
cleft from its body out of spite and envy —
not, so it said, because it had been guilty —
I mean Pier de la Brosse,
and may the Lady of Brabant
while she’s still in this world, watch
her ways—or end among a sadder flock

* Not to be confused with the Bavarian princess of that name who was put to death for adultery.

** Another way to interpret this: poisoning suspicions that were afoot generally came to be ascribed specifically to de La Brosse.

On this day..

1776: Thomas Hickey, plotting against George Washington

“A most infernal plot has lately been discovered here, which, had it been put into execution, would have made America tremble, and been as fatal a stroke to us, this Country, as Gun Powder Treason would to England, had it succeeded.”

Continental Army surgeon Solomon Drowne, July 13, 1776

On this date in 1776, Continental Army soldier Thomas Hickey was hanged before “a vast concourse of people” for a plot that might have strangled the American Revolution in its crib.

That revolution was a highly uncertain venture at this moment, and in a different timeline Thomas Hickey might have been a British hero for squelching it. “These are the times that try men’s souls,” revolutionary firebrand Thomas Paine wrote late in 1776. Hickey had to face his trial in the flesh.

George Washington had holed up in New York City in the spring to fortify it against an expected British invasion — an invasion that did indeed arrive and eventually drove the Continental Army all the way to Philadelphia.* As Paine beheld, the wrong turn of events here could have been decisive. The Continental Army was badly outnumbered and afflicted by desertion. The Continental Congress itself had to abandon Philadelphia not long after boldly declaring independence on July 4.

Whatever one might say of the great-man historiographical mood, you’d have to think that knocking out the rebel army’s top general at this juncture would have been a coup for the British.

In June of 1776, New York was tense ahead of the fighting. A British ship of the line sat forebodingly in the harbor, and even as she awaited the coming British force, her crew members rowed freely ashore for provisions. Plots went abroad among the mixed population of “Patriot” and “Loyalist” citizens. Nathan Hale would soon earn his martyr’s laurels in New York, trying to reconnoiter behind enemy lines as Washington staged a series of losing battles and a gradual retreat.

Somewhat below this plane of world-shaping combat and statecraft, a guy named Isaac Ketcham (or Ketchum) found himself clapped in gaol for counterfeiting the easily-counterfeited colonial paper currency. There, Ketcham caught jailhouse scuttlebutt of Loyalist plots afoot in New York. Realizing this could be his ticket out of prison, Ketcham wrote New York’s Provincial Congress informing on the schemes.

Sadly, Ketcham’s full memorandum has been lost, and as the ensuing trial records are circumspect the “plot” or “plots” in question are a bit of a historical muddle. Roughly, there are two discernible thrusts:

  • A fifth-column plot against the patriot position in New York, with Loyalist-inclined soldiers set to desert back to the arriving British army.
  • A plot against the person of George Washington himself.

Ketcham was eagerly interrogated by the Provincial Congress on these matters, and returned to his dungeon in the capacity of an informant. There, he made the acquaintance of the Irish-born Thomas Hickey, a member of George Washington‘s personal guards who had on June 15th been committed for doing his own bit of private currency-printing.

Representing himself as a Tory loyalist, Ketcham apparently induced Hickey to boast about something quite a bit more serious than counterfeiting.

“In different conversations he informed me that the Army was become damnably corrupted,” Ketcham told the court-martial that tried Hickey. “That the fleet was soon expected; and that he and a number of others were in a band to turn against the American Army when the King’s troops should arrive.”

The whole scheme went under the pay of Loyalist New York mayor David Mathews, who was also arrested by patriot troops — although Mathews, whose execution might have turned the British very nasty in the various diplomatic conferences ongoing during the New York campaign, was never even tried.** He escaped to British protection shortly after capture.

No kid gloves were available to the treacherous Irishman Hickey, however. Word of the conspiracy against the patriots had also been obtained from a businessman, William Leary, who reported the attempt of his former employee to recruit him into it. The sheer quantity of highly indiscreet men blabbing about it in taverns and jails and the like makes the whole thing seem crazy in retrospect, but if it had succeeded in, say, destroying Kingsbridge, it might have trapped the Continental Army on Manhattan where they would have been easy pickings for the vastly superior British. Someone surely had to pay for this.

Several of Hickey’s accomplices provided evidence against him, and the speedy conclusion of the military commission that tried him was that Hickey should hang in order to, as Washington wrote the Continental Congress, “produce many salutary consequences, and deter others from entering into like traitorous practices.” So far as is known, however, Hickey was the only person to suffer this extremity.

The unhappy fate of Thomas Hickey, executed this day for mutiny, sedition, and treachery, the General hopes will be a warning to every soldier in the Army to avoid those crimes, and all others, so disgraceful to the character of a soldier, and pernicious to his country, whose pay he receives and bread he eats. And in order to avoid those crimes, the most certain method is to keep out of the temptation of them, and particularly to avoid lewd women, who, by the dying confession of this poor criminal, first led him into practices which ended in an untimely and ignominious death.

-Washington’s general order, June 28, 1776

Physician William Eustis (eventually the U.S. Secretary of War), who was among the 20,000 to see Hickey hanged, wrote a friend that afternoon of the execution.

Their design was, upon the first engagement which took place, to have murdered (with trembling I say it) the best man on earth: Genl Washington was to have been the first subject of their unheard of Sacricide: our magazines which, as you know, are very capacious, were to have been blown up: every General Officer and every other who was active in serving his country in the field was to have been assassinated: our cannon were to be spiked up: and in short every the most accursed scheme was laid to give us into the hands of the enemy, and to ruin us. (Source)

The scarcity of original documentation makes it very difficult to say with confidence just how impressive this accursed scheme really was. One can see from Eustis’s letter that it was understood immediately to have compassed the murder of George Washington. This prospective “Sacricide” of America’s founding father par excellence has been worth a good bit of embellishment; one bit of utterly insupportable folklore congenial to vegetable-hating schoolchildren is that Hickey arranged to have General Washington’s peas poisoned with arsenic, but the faithful housekeeper exposed the scheme in the nick of time.

Only a bit more fantastical is the video game Assassins Creed III, whose representation of the death of Thomas Hickey — this version of Hickey is a Templar agent — uses a wacky sequence that begins with the public execution of the game player’s own assassin character, complete with first-person, inside-the-hood perspective.

It might well be that Hickey had been engaged in a plot not to murder but to kidnap the rebel general. David Mathews, the New York mayor, would later tell a royal commission in London autopsying Britain’s Revolutionary War defeat, “I formed a plan for the taking of Mr. Washington and his Guard prisoners but which was not effected.” It’s been speculated that the Continental Army itself chose to play up the “murder” angle for public consumption in preference to “kidnap” — perhaps because the notion that the Tories had the strength to contemplate the more complex objective of snatching Washington away from his own army, and were in a position to use his very own guards to accomplish it, implied a weakness in the revolutionary cause far too grave to acknowledge openly.

* It’s from this position that Washington would [re-]cross the Delaware amid December ice floes to conduct a morale-salvaging raid on Hessian troops in New Jersey after many long months of reversals. The British, for their part, held New York for the balance of the war, and this helped make adjacent New Jersey a battleground between pro-British and pro-American militias.

** Mathews administered New York until 1783, when the British ceded it to the victorious colonists.

On this day..

1668: A Dutch suicide, posthumously gibbeted

A man … who was in the habit of asking his wife for money to buy brandy, would on her refusal say that he would go hang himself. When on 23 June 1668 he again asked for two pennies to buy brandy, his wife said she had no money, whereupon he replied, “I will hang myself or may the devil take me.” His wife replied, “Do whatever you like, you always say that,” and went back to her cleaning. Shortly thereafter, she found that her husband had hanged himself in their home. She then called for the neighbors, who have all made declarations and given evidence. On a charge by the bailiff, his corpse has been taken to the Volewijk on 26 June 1668 and hanged on a gibbet.

This excerpt, via Machiel Bosman’s chapter “The Judicial Treatment of Suicide in Amsterdam” in From Sin to Insanity: Suicide in Early Modern Europe, represents the last documented case of the Dutch posthumously punishing a suicide.

Well … a certain class of suicide.

It seems that Dutch law from about the 16th century, and certainly in the 17th century, began drawing a categorical distinction between suicides driven by madness or despair, and those ob conscientiam criminis — criminals who took their life to cheat the law.

Posthumous execution was inflicted upon the latter all the way up until the French Revolution reached the Low Countries in 1795. Bosman, for example, notes the case of a thief gibbeted in Amsterdam in 1792 after he hanged himself in jail. For non-criminal suicides, “punishment” was more typically a silent night-time burial, perhaps in unconsecrated ground: a meaningful deterrent for at least some of the living, but very distinct from judicial infamy. The widower of a 1532 suicide had even successfully appealed Amsterdam’s attempt to levy a punitive fine on the estate.

Hans Bontemantel, one of Amsterdam’s sheriffs, was incensed by the archaic sentence executed in 1668: “I am not responsible for this,” he noted in the margin of his summary. “And it is against the law.”

On this day..

1890: A quadruple hanging in Jim Crow America

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

Close to midnight on this date in 1890, four convicted murderers — three of them black and one white — were hanged on the gallows inside the Shelby County Jail in Tennessee. They were Edward Carr, 28, Parker Harris, 30, Hardy Ballard, 45, and Frank Brenish, 36.

Carr, who was half-black, had murdered his estranged wife Sallie in broad daylight on the street in Memphis on November 9, 1889. Edward Carr wanted to move to Mississippi and Sallie did not, and she had left him and moved in with a woman friend. When Edward saw his wife and her friend walking down the street, he said, “Sallie, I am going to kill you,” and then shot her.

She ran away, but he chased after her and shot her three more times. Sallie Carr died in her friend’s arms.

Edward surrendered to the police three days later, and his lawyer had to persuade him not to plead guilty to murder.

At his trial he said, “I do not know why I killed her. It was not because she offended me. We had lived happily together … I loved her so well, and she would not go with me.” Offering no defense, he was accordingly convicted on December 17, six weeks after his crime.

Harris had also killed his wife, Letha “Lettie” Harris, on the street in front of witnesses. Lettie was an “octoroon”, a now-outdated term for someone who is of mixed race and one-eighth black, seven-eighths white.

Like the Carrs, the Harrises were estranged and Lettie was living apart from her husband. On August 18, 1889, said husband encountered her riding in a buggy with several women and asked her to come home; Lettie replied that she never wanted to speak to him again.

In response, Parker Harris slashed her throat, then his own. He was able to run from the scene but collapsed several blocks away, weak from blood loss. He recovered sufficiently from his wounds to face trial; he too was easily convicted.

Hardy Ballard had killed a streetcar driver, G. Emmett Pinkston, on Christmas Day 1889 after an argument over the nickel fare. Ballard insisted he had paid; Pinkston said he hadn’t, and kicked him off the car. Both parties were armed in the ensuing fight, Ballard with a knife and Pinkston with an iron hook, and Ballard got the better of the streetcar driver and stabbed him to death.

His plea of self-defense at trial was not believed by the jury.

The sole white man, Frank Brenish, was a wife killer just like two of his co-condemned. Mary, his wife of two years, had left him because of his drinking and his failure to support her and his two stepchildren. Frank threatened to kill his wife if she didn’t come back to him, and Mary took these threats seriously enough to report them to the police. The cops had a talk with Frank and he promised to leave his wife alone.

Mary remained fearful, however, and when she went out she took her fourteen-year-old daughter, her sister and another man to protect her in case she encountered her husband. They were with her the night the murder was committed: they saw the whole thing.

Frank Brenish’s crime was so similar to Parker Harris’s that there was some speculation the two might have a joint trial: on July 5, 1889 he jumped out of a dark alley and slashed Mary’s throat, nearly decapitating her. Then he cut his own throat. Against the odds, a doctor was able to save Frank’s life, but Mary was beyond help: she had died almost instantly.

All four of the condemned were given copious amounts of alcohol while awaiting their execution, and Brenish got morphine as well. The wound on his throat hadn’t healed and it leaked from time to time. The night before his executed, he made a halfhearted attempt at suicide by slashing his wrist with a makeshift knife.

This was the era of racial apartheid in America, however, and even when men died together, they perhaps might not die together.

The gallows in this instance was built for two, so the natural idea was to hang the four men as two pairs.

Brenish, however, refused to suffer the indignity of being hanged alongside a Negro.

His jailers — and one hardly needs to mention their racial identity — honored his request for a segregated execution and modified the gallows so three people could be hanged at once.

The three black prisoners went first. Brenish died alone, fifteen minutes later. Harris, Ballard and Carr had “clean” hangings and died quickly, after making the usual final statements about their sins and their hope for redemption in Heaven.

When the time came for his racially unsullied death, Brenish was either so drunk or so scared he could barely stand, and he took several more swallows of whiskey while standing on the scaffold. He had severed his trachea when he slashed his throat and could only barely speak above a whisper. When he was asked for a final statement, the best he could come up with was, “They oughtn’t to hang a man when he ain’t in his right mind.”

It often happens that, when a person’s throat was previously cut, the wound will re-open during hanging. This didn’t happen to Harris, but it sure did during Brenish’s execution. Lewis Laska in Legal Executions in Tennessee: A Comprehensive Registry, 1782-2009 has a graphic description of what happened:

The officers had difficulty in placing the handcuffs because of his bandaged wrist. Blood trickled down his white gloves. With the noose and cap placed, he swayed to and fro and had to be held. When the lever was pulled and he dropped there was a pop (his neck was broken) and a hissing sound. The drop had opened the hole in his throat from the attempted suicide on the night of the killing. The hole was large enough to hold a cigar. As he hung, his wrist wound bled profusely.

Gruesome as his death may have appeared, though, Brenish didn’t suffer long. His heart stopped in less than a minute.

On this day..

1827: Isaac Desha pardoned by Gov. Joseph Desha

On this day in Kentucky in 1827, a plainly guilty murderer who was on to his third trial received an unconditional pardon. His name was Isaac Desha and his father, Joseph, was the state governor.

The murder was committed in 1824. Isaac Desha had separated from his wife, who was reportedly “terrified” of him, and was staying in Richard Dogget’s roadside tavern/inn on the border of Fleming County. On November 2 of that year, Francis Baker showed up and checked himself into the inn. A newspaperman from Mississippi, he was en route to New Jersey where he planned to get married. He was well-dressed and had a lot of luggage with him.

Baker wanted to visit a local man whom Desha also happened to know, and Desha volunteered to take him there. The two men set off together, Desha riding his bay horse and Baker on a gray mare, carrying two saddlebags.

They never arrived at their mutual acquaintance’s home.

Two hours later, a neighbor named Milton Ball noticed a gray mare, with saddle and bridle but no rider, wandering aimlessly on the highway. He caught it and was trying to find the owner when he encountered another riderless horse. This one he recognized as Desha’s. It had a saddle but no bridle.

Milton Ball got his brother, who took the horse to Desha’s residence. No one was home and he left it there.

As Ball was still trying to identify the gray horse’s owner, he came upon Isaac Desha walking down the road carrying two saddlebags. Desha identified the mare as his own property and took it from Ball, and they parted ways.

Awhile later, Francis Baker’s saddlebags were found empty and abandoned. The man never returned to the inn. The locals put two and two together and looked warily at Desha, but there was no hard evidence of foul play and he was the governor’s son, after all, so they said nothing.

That hard evidence turned up within a week, in the form of Francis Baker’s brutalized corpse — partially stripped, and hidden behind a fallen tree only yards from where Desha had been seen carrying the saddlebags. He’d been beaten with some blunt object and his throat was slit, and he had unusual stab wounds that were “four-square” shaped.

Fragments of a horse bridle and a whip were recovered from the scene; Desha owned a horse whip with a heavy handle that could have inflicted the injuries that killed Baker. Desha also owned a dagger that, it turned out, precisely matched the oddly shaped stab holes in Baker’s shirt.

The circumstantial evidence continued to pile up: the mare Desha had claimed as his own turned out to be Baker’s horse, and he also had Baker’s gold watch and the clothing and money that had been packed in Baker’s saddlebags. Desha claimed he’d randomly encountered two unknown men who’d sold the horse to him, and that he didn’t recognize it as stolen property, even though he’d been riding with Francis Baker only hours beforehand.

As for the watch, money and clothes, Desha didn’t even try to account for those.

He was arrested, and tried for murder in January 1825. The case was sensational and they had to move the trial elsewhere because the court determined Desha couldn’t get a fair trial locally. His father hired the finest defense attorney that there was, but the jury took only an hour to convict and recommended a death sentence.

Desha’s attorneys immediately appealed the verdict and sentence. One of the issues was that the sheriff had stayed with the jury during their deliberations, something Desha’s defense said was improper. The sheriff had presumably watched over the jury because a number of them got anonymous notes threatening to burn them in effigy if they voted to convict.

(Not threats to burn the jurors, mind. Threats to burn their effigies.)

The appeals court judge, one George “Peg Leg” Shannon, agreed with the defense and overturned the verdict. The fact that he was good friends with Desha’s father the governor had nothing to do with it, he said, and the outrage among the citizenry and angry editorials in the newspapers would never make him admit otherwise.

Desha got his second trial in September 1825 and got convicted and sentenced to death again. Once again the case was overturned on appeal, this time because the prosecution had not proved Francis Baker’s murder took place in Fleming County like the indictment said.

The local papers called the trial a “farce” and ranted about corruption within the judiciary. The Winchester Gazette editorialized, “It would seem that justice has either bade adieu to Kentucky, or that her judges are the most corrupt and desperate men living.”

But there was nothing to be done about it: Desha would have to be tried a third time. He was, in February 1826, well over a year after the murder, and the third jury convicted him too.

Desha despaired over his third conviction and attempted suicide in July of that year, slitting his throat in his cell. He very nearly succeeded, and the surgeon who brought him back from the brink had to put in a silver tube to reinforce his severed windpipe. For the rest of his life he could speak only in a whisper. The tube needed to be removed regularly for cleaning, and every time this happened Desha endured a terrible feeling of suffocation.

whereas the whole of the evidence against the said Isaac B. Desha being circumstantial, and from much of it being irreconcileable, I have no doubt of his being innocent of the foul charge; therefore is an object worthy of executive clemency.

Now, know ye, that in consideration of the premises, and by virtue of the power vested in me by the constitution, I have thought proper, and do hereby grant to the said Isaac B. Desha a full and free pardon for the supposed offence, as alleged against him in the bill of indictment …

Given under my hand at Frankfort, on the 18th day of June, A.D. 1827, and in the 36th year of the Commonwealth.

By the Governor.
Jos. DESHA.

Desha’s murder conviction was once more under appeal, but his suicide attempt had left him in such poor health that a sympathetic doctor signed an order saying keeping him in jail was endangering his life. He was released on bond pending the outcome of his appeal.

In March 1827, his lawyers tried to get the murder case dismissed on procedural grounds. Request denied. In June they filed for dismissal again, because the court had failed to seat a full panel of impartial jurors. (Desha used all his juror challenges to help keep the count down.)

Request denied again, and what’s worse, the court decided Isaac Desha’s health had improved enough that he could withstand the rigors of jail. He was remanded into custody.

Governor Desha still had one last card up his sleeve, and it was a trump. On June 18, the same day Isaac was ordered back behind bars, his father rose in court and issued him an unconditional pardon on the spot.

Joseph Desha committed political suicide when he pardoned his son. Isaac’s crime, and the obvious favors afforded him by the justice system, severely damaged the governor’s reputation.

Contrary to popular belief, Joseph didn’t resign after pardoning his son. He quietly finished out his term, retired to his farm and never entered politics again. He died in 1842.

As for Isaac Desha, there’s a legend that he moved to Honduras or Hawaii and has descendants still living there. In fact, although he did head west after his release from jail, he never made it further than Texas.

Like a lot of pioneers, he surely hoped he could put his former troubles behind him. But Isaac Desha carried trouble with him: in Texas, he allegedly robbed and killed a fellow traveler in a crime remarkably similar to Francis Parker’s murder. He was charged with murder yet again and this time he didn’t have an influential father to protect him.

Desha escaped the death penalty one last time, though, by dying of a fever on August 13, 1828, the day before his murder trial was supposed to start. He was twenty-six.

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1923: Daniel Cooper, baby farmer

On this date in 1923, Daniel Cooper was hanged in Wellington, New Zealand for murder.

Cooper and his second wife — his first died under suspicious circumstances; many people suspected Cooper of poisoning her — had a racket as a “health specialist” in the Wellington suburb of Newlands. Their “rest care home” attracted police surveillance as a front for baby-farming/infanticide.

Baby-farming involved taking a payment from a new mother to give up her child with the wink-wink understanding that the child would be placed for “adoption.” Occasionally, this adoption might even happen; in general, however, the mother’s fee would not be enough to maintain the child for any length of time, and the newborn would either be murdered outright or kept in such meager care as to succumb to neglect.

Representative instance from Daniel Cooper’s case: a pregnant woman named Mary McLeod paid £50 for Cooper to arrange her child’s adoption by an unnamed couple from Palmerston North. McLeod delivered the child on October 12, 1922, at the Coopers’ farm, where both mother and daughter were cared for for a few days. On October 20, Cooper told McLeod that the Palmerston North family had collected the infant. Nobody ever saw it again. Cooper also had two children with a lover named Beatrice Beadle, and these were also “adopted” to parts unknown.

Daniel was finally arrested on December 30, 1922 for performing an abortion (completely illegal in New Zealand at the time), and the ensuing investigation turned up evidence of 10 additional abortions and, eventually, three children’s bodies on the couple’s property. Prosecutors would eventually argue that Mary McLeod’s child was one of these.

“Out-Heroding Herod” screamed sensational headlines around the “Newlands baby farmers” case.

While Daniel Cooper was easily convicted of murder, his wife Martha Cooper was adroitly defended by former Liberal M.P. T.M. Wilford — who characterized the wife as “a soulless household drudge without a mind of her own,” and won her acquittal on that basis.

At 8 a.m. on June 16 (shortly after releasing a confession which likewise exonerated Martha), Daniel Cooper was walked with his eyes tight shut to the gallows at Terrace Gaol,* hooded, and hanged.

Original newspaper coverage of this case can be perused freely at New Zealand’s Papers Past database of pre-1945 clippings.

* Since demolished; Te Aro school occupies the site today.

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