1996: Billy Bailey, the last American hanged

On this date in 1996, Billy Bailey was hanged for murdering an elderly couple in Delaware.

Bailey was condemned in 1980, which was before Texas debuted the lethal injection trend that would sweep the nation; therefore, he was sentenced to hang. When Delaware switched to injection in 1986, Bailey had the choice between his original hempen-necktie sentence or the newfangled gurney.

Authorities wanted him to get with the times. Warden Robert Snyder, who would also serve as hangman, told the press, “Our gallows is pretty primitive here. We’ve made some improvement, but hopefully this will be the last hanging in Delaware.”

Billy Bailey wasn’t interested.

“I’m not a dog,” he said to one visitor. “I’m not going to let them put me to sleep.”

For all the worry that a state out of practice with its gallows technique would botch the job, Delaware carried it off without embarrassment.

Though Bailey’s pretty certain to be the last man hanged in the Blue Hen State — Delaware has gone and dismantled that primitive gallows — he is no lock to keep his place as the last hanged anywhere in the U.S.

Washington state, which hanged two people in the early 1990’s and did some consulting on the procedure for Delaware officials, still allows the condemned a choice between lethal injection and hanging. Executions there aren’t common — it’s been over eight years as of this writing — but they’re not unheard-of. Between the prospect of a lethal injection botch and the morbid appeal of notching milestone status, it’s only a matter of time before someone else opts to hang.

(New Hampshire, which is even more out of practice with the art, also still retains hanging as a backup option.)

Part of the Daily Double: Throwback Executions.

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1685: Robert Pollack and Robert Millar, Covenanters

On this date in 1685, Robert Pollack and Robert Millar (or Pollock and Miller) were hanged in Edinburgh as Covenanters.

An East Kilbride shoemaker and a Rutherglen mason, respectively, they were a tick and a tock in the Killing Time — lost like tears in rain amid the torrent of Presbyterian martyrs.

These adhered to James Renwick‘s subversive doctrine of Scottish presbyter control against the overweening Anglican Episcopacy, a conflict of characteristically comingling religious and political characters.

Since most of the Covenanter-killing was being done summarily by soldiers in the field, these Roberts were actually the rare gallows-birds to be condemned in civil court, for which trouble they strangled at the Gallowlee on the road from Edinburgh to Peith.

Their last testaments can be read here, along with those of many other such martyrs.

Forsake not the assembling of yourselves together, and employ your strength in the holding up of the fallen-down standard of our Lord, and if ye be found real in this duty, ye shall either be a temple, which shall be a glorious sight, or else ye shall be transported, and be a member of the Church triumphant; so ye shall be no loser, but a noble gainer either of the ways.

-Robert Millar

Though not up to the fame of having their own statuary, Pollack/Pollock has a place on the Covenanter monument in East Kilbride … where the martyrs’ spiritual descendants recently held the movement’s first open-air Conventicle since the 1680s.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1673: Mary Carleton, “German princess”

On this date in 1673 ended the adventures of “German princess” and early modern celebrity Mary Carleton.

Mary vaulted into the ranks of famous-for-being-famous in 1663, when the pamphleteering forerunners of Perez Hilton caught wind of a bigamy scandal wherein Mary, presenting herself as a mysterious German noble, had hitched with 18-year-old law student John Carleton and run through his money.

Once the public made her acquaintance … well, there was just something about Mary.

Over two dozen pamphlets are known sensationalizing her subsequent trial and acquittal for hubby-hopping, including post-acquittal volleys by both John and Mary.

(These pamphlets don’t currently appear to be available in their original forms online, but substantial excerpts from the most famous of them can be found in the public domain 1914 book The Mary Carleton narratives, 1663-1673: a missing chapter in the history of literature. This volume argues the Carleton publications are a stylistic progenitor of the English novel as it emerged in the hands of, for instance, Defoe. We certainly would be remiss not to notice here our real-life anti-heroine’s parallels (pdf) with Moll Flanders.)

Actually the daughter of a Canterbury fiddler, Moll Carleton was accused of having ditched her first spouse (a shoemaker) for a surgeon, then ditched the surgeon for John Carleton.

Having adroitly beat that rap in a court of law (if not exactly in the court of public opinion) “the German Princess” went into show business; that ubiquitous diarist Samuel Pepys caught her on stage, playing herself, remarking

I’ve passed one trial, but it is my fear
I shall receive a rigid sentence here:
You think me a bold cheat, put case ’twere so,
Which of you are not? Now you’d swear I know.
But do not, lest that you deserve to be
Censur’d worse than you can censure me:,
The world’s a cheat, and we that move in it,
In our degrees, do exercise our wit;
And better ’tis to get a glorious name,
However got, than live by common fame.

Well, why not?

In a time with scant social mobility for women, Carleton — which is the name by which she’s been remembered although she was born “Mary Moders” — carved it out with the tools at her disposal, which makes her an irresistible academic subject.*

Carleton/Moders is nearly the anti-Martin Guerre: whereas the male Arnaud du Tilh subsumed his own identity to insinuate himself into the existing social part of “Martin Guerre”, Mary Carleton’s shifty identity excised her from the social circumstances that would otherwise define her. (She was even reported to have taking to masculine cross-dressing.) Paradoxically, her fictitious biography enabled her to be taken for her own self, which explains why she stuck with her blank-slate “German origins” backstory after it had been publicly discredited.

And after the stage gig had run its course and her identity become disposable once again, she easily resumed her marital perambulations.

Mary Jo Kietzman called Carleton’s life “self-serialization.” The Newgate Calendar sanctimoniously records some of her adventures.

After a few years below the Restoration radar, Carleton was caught up for petty larceny and given a death sentence commuted to penal transportation to Jamaica. (England had just seized it from Spain during Cromwell‘s Protectorate.)

Two years later, she returned to England — not the only one to prefer the danger of Tyburn to the rigors (and obscurity) of the colonies.

She could only live as herself at the peril of her life. And on this day, she clinched her lasting fame at the end of a rope.

* e.g., Mihoko Suzuki, “The Case of Mary Carleton: Representing the Female Subject, 1663-73,” Tulsa Studies in Women’s Literature, Vol. 12, No. 1 (Spring, 1993).

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1670: Claude Duval, gentleman highwayman

It’s been 340 years since the immortal highwayman Claude Duval (or Du Val, or Du Vall) went to the Tyburn gallows and was turned off into legend as the ne plus ultra of English gentleman thieves.

Duval, actually, was French, an import to Isles in the train of some forgotten noble migrating with the restoration of royal prerogatives.

On the English highway, this formerly impecunious retainer coruscated as a knight of the road, the very model of the chivalrous outlaw against whom the likes of Dick Turpin would be compared to disadvantage. Macaulay recorded

how Claude Duval, the French page of the Duke of Richmond, took to the road, became captain of a formidable gang, and had the honour to be named first in a royal proclamation against notorious offenders; how at the head of his troop he stopped a lady’s coach, in which there was a booty of four hundred pounds; how he took only one hundred, and suffered the fair owner to ransom the rest by dancing a coranto with him on the heath;


William Powell Frith‘s painting (1860) of Claude Duval dancing with his prey.

how his vivacious gallantry stole away the hearts of all women; how his dexterity at sword and pistol made him a terror to all men; how, at length, in the year 1670, he was seized when overcome by wine; how dames of high rank visited him in prison, and with tears interceded for his life; how the king would have granted a pardon, but for the interference of Judge Morton, the terror of highwaymen, who threatened to resign his office unless the law were carried into full effect; and how, after the execution, the corpse lay in state with all the pomp of scutcheons, wax lights, black hangings and mutes, till the same cruel judge, who had intercepted the mercy of the crown, sent officers to disturb the obsequies. In these anecdotes there is doubtless a large mixture of fable; but they are not on that account unworthy of being recorded; for it is both an authentic and an important fact, that such tales, whether false or true, were heard by our ancestors with eagerness and faith.

Gillian Spraggs justifiably observes that no matter how genuinely gallant the brigand, his profession entailed relieving others of their rightful produce by main force. But then, the same could be said of the lords of the realm.

No, although Duval’s legend invites debunking, this must be for another blog.

We take Duval here at his mythological acme: he is the patron saint of the early modern bandit, the Superman of English outlawry, succoring with the fantasy of freedom upon the road the thousands of porters and scullery maids and apprentices chained to their oars below-decks upon Britannia’s ship of state.

What matter the rest?

This day, we toast Claude Duval, the Knight of the Road, in the manner of the fetching inscription (since destroyed by fire) under which he was reportedly buried:

Here lies DuVall: Reder, if male thou art,
Look to thy purse; if female, to thy heart.
Much havoc has he made of both; for all
Men he made to stand, and women he made to fall
The second Conqueror of the Norman race,
Knights to his arm did yield, and ladies to his face.
Old Tyburn’s glory; England’s illustrious Thief,
Du Vall, the ladies’ joy; Du Vall, the ladies’ grief.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1677: William Drummond, for Bacon’s Rebellion

“Mr. Drummond, I am more glad to see you than any man in Virginia; you shall hang in half an hour.”

Virginia Governor William Berkeley didn’t deliver gallows justice as rapidly as promised, but the outcome was just as certain.

Scotsman William Drummond, the former colonial governor of Abermarle and therefore the first governor of North Carolina,

was made to walk to Middle Plantation, about eight miles distant, and tried before a drum-head court-martial, the next day, at the house of James Bray, Esq., under circumstances of great brutality. He was not permitted to answer for himself; his wife’s ring was torn from his finger; he was stripped before conviction, was sentenced at one o’clock and hanged at four. (Source)

There’s nothing worse than a poor winner.

Drummond caught Berkeley’s considerable wrath for associating himself with Nathaniel Bacon’s Rebellion of frontier settlers demanding lower taxes and more energetic genocide against their Indian neighbors. When Berkeley balked, the movement metastasized into a republican revolution which declared the agent of royal authority in Virginia to have abdicated and proposed to reconstitute it by popular convocation.

It was very much short of an actual attempt to separate from England, but in its form and complaints one easily perceives the germ of the American Revolution a century hence. Sarah Drummond was reported to have been at least as vehement as her hanged spouse, and she is credited with prophesying “the child that is unborn shall have cause to rejoice for the good that will come by the rising of the country.”

Armed struggle between two desperate factions was truncated by the fatal case of dysentery* contracted by the namesake insurrectionary. His unpleasant and untimely demise crippled the rising rising, and left Drummond as about the most prominent target available for the victorious Berkeley’s fury.

Not that there wasn’t much more to go around — even when the British navy finally landed in late January with reinforcements too late to do any good, a general amnesty Berkeley had not clemency enough to use, and a successor to Berkeley the aging governor did not like one bit. Nineteenth-century historian George Bancroft in his History of the Colonization of the United States writes of the crackdown,

In defiance of remonstrances, executions continued till twenty-two had been hanged.** Three others had died of cruelty in prison; three more had fled before trial; two had escaped after conviction. More blood was shed than, on the action of our present system [i.e., the constitutional government of the United States], would be shed for political offences in a thousand years. Nor is it certain when the carnage would have ended, had not the assembly convened in February, 1677, voted an address “that the governor would spill no more blood.”

Finally the new guy managed to get Drummond on a boat back to the mother country with an unflattering report of his conduct. The crotchety septuagenarian, who had been a spry mid-30’s courtier when first appointed Virginia governor by Charles I, was coldly received by Charles II. “The old fool,” remarked the sovereign, “has taken more lives in that naked country than I have taken for the murder of my father.”

* “The bloodie flux” was an unsatisfying avenger for his foes, as indicated by the doggerel

“Bacon is Dead, I am sorry at my hart
That lice and flux should take the hangman’s part”

** Some sources put the total number executed at 23, not 22; I have been unable to locate the source of this discrepancy.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1661: Thomas Venner and the Fifth Monarchy Men

On this date in 1661, the restored English monarchy made an end to the interregnum’s religious crazies.

A few other images of Thomas Venner are available here.

“It is difficult in these days to follow with patience, or even with complete seriousness, all the ramifications of Fifth Monarchy speculation,” writes historian Louise Fargo Brown, whose gratis tome The Political Activities of the Baptists and Fifth Monarchy Men in England proceeds to do just that.

This blog wants for both patience and seriousness, so we’ll sum up that Venner et al were the holy rollers of the day, the true whack-jobs in the millenarian hustle of Cromwellian England.

Venner himself was born in New England, and there’s a zippy bio of him in The New England Historical and Genealogical Register. The North American colonies and Parliamentarian Britain helped to incubate political/religious heterodoxy for one another, and Venner was not the only budding religious zealot in the distant marches to emigrate to London after Charles I lost his head.

There the cooper became an outspoken apostle of the Fifth Monarchists, a part of Cromwell’s coalition made for disappointment with the mundane machinations of statecraft. Relieved in time of any a share in General Ironsides’ burden of helming the state in choppy waters, the men of the Fifth Monarchy were at liberty, to retire with their slide rules and philosopher’s stones to calculate the (imminent) date of the apocalypse foretold by Daniel and pursue the maxim not yet born that, starting with a mistake, a remorseless logician can end up in Bedlam.

All well and good to mock from posterity, and from a country where Left Behind is a bestseller no less. To be fair to the Monarchy Men, one could as well say that the egalitarian political language of these “arrant Radicals and levellers” just happened to be scriptural.* They would hardly be the last to foretell a golden age made ready by the slaying of a king, not by a long shot.

At any rate, our Bostonian tradesman became such an outspoken prophet of the return of “King Jesus” that Cromwell was obliged to clap him in irons.

Venner didn’t take the hint well, nor other more salutary warnings, and Venner instigated a riot of his few dozen followers at the start of January 1661 that took London unawares and did some damage before it was put down.

Diarist Samuel Pepys records of the riots that

[a] thing that never was heard of, that so few men should dare and do so much mischief. Their word was, “The King Jesus, and the heads upon the gates.” Few of them would receive any quarter, but such as were taken by force and kept alive; expecting Jesus to come here and reign in the world presently, and will not believe yet but their work will be carried on though they do die.

Thomas Venner and his compatriot Roger Hodgkins died that traitor’s death this day, along with William Oxman and Giles Pritchard, the latter two having their sentences commuted to simple hanging and posthumous beheading. The remaining survivors of his band climbed the scaffold two days later.

* e.g., “Then shall the Oppressor cease and no more complaining be heard in the streets. Taxes should be no more. And Trade and industry should abound. … The poor should have bread, and the Army no more in Arrears. Prison doors should be open and Debtors satisfied without Arrests … then peace and safety, plenty and prosperity, should overflow the land.” (Cited by Brown)

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1682: Alexander Cockburn, hangman, condemned

Domestic annals of Scotland: from the reformation to the revolution (reporting an item initially recorded by Lord Fountainhall):

1682. Jan. 16. Alexander Cockburn,* the hangman of Edinburgh, was tried before the magistrates as sheriffs, for the murder, in his own house, of one Adamson or Mackenzie, a blue-gown beggar. The proof was slender, and chiefly of the nature of presumption — as, that he had denied Adamson’s being in his house on the alleged day, the contrary being proved, groans having been heard, and bloody clothes found in the house; and this evidence, too, was chiefly from women. Yet he was condemned to be hanged within three suns. One Mackenzie, whom Cockburn had caused to lose his place of hangman at Stirling, performed the office.

Condemned by the evidence of women. How much worse can it get?

There is no report I have been able to locate of Cockburn’s actual hanging date; the “within three suns” sentence was standard for the time.

In days of yore, (says Aubrey) lords and gentlemen lived in the country like petty kings, had jura regalia belonging to the seignories, had castles and boroughs, had gallows within their liberties, where they would try, condemn, and execute; never went to London but in parliament time, or once a year to do homage to the king. Justice was administered with great expedition, and too often with vindictive severity. Pennant informs us that “originally the time of trial and execution was to be within three suns!” About the latter end of the seventeenth century** the period was extended to nine days after sentence; but since a rapid and unjust execution in a petty Scottish town, 1720,† the execution has been ordered to be deferred for forty days on the south, and sixty on the north side of the Tay, that time may be allowed for an application to the king for mercy.

* Not to be confused with barrister Alexander Cockburn (we’ve already met him) … nor, of course, with the late acerbic journalist.

** Specifically, 1695 — well after our day’s hangman had turned hanged man.

† This picturesque over-hasty execution detail appears to me to be folklorish and of questionable reliability. The bottom footnote here attributes the legal change to a cracking yarn about a dancing-master and an officer (here’s the broadside). This source puts it down to a man who committed murder while drunk and was caught, tried, and hanged before he so much as sobered up.

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1825: Joaquim do Amor Divino Rabelo, Frei Caneca

On this date in 1825, Portuguese divine Joaquim do Amor Divino Rabelo e Caneca — more popularly and succinctly known as “Frei Caneca” — was executed along with seven others in Recife, Brazil for a short-lived revolt against the newly independent state.

This revolt unfolded against the backdrop of Brazil’s successful war of independence against Portugal.

You’re heard “meet the new boss, same as the old boss”?

It was literally true in this case.

The heir to the Portuguese crown,* Pedro I, made the unusual career choice of declaring Brazil’s independence from his own dad, costing the House of Braganza a good deal more than is usual for family therapy.

And of course one so often grows up into a belated appreciation of one’s parents’ formerly objectionable characteristics.

For Pedro’s new South American polity, there ensued the age-old conflict between federalism and centralization: having promised the one when in need of popular support for his revolution, Pedro delivered the other when securely lodged on the Brazilian throne.

And this triggered the short-lived breakaway attempt of the so-called Confederation of the Equator, centered in Pernambuco, an ornery northeastern province that had likewise abortively rebelled against Portuguese colonial administration in 1817.**

Liberal Carmelite intellectual Frei Caneca — “Father Mug”; here‘s his Portuguese Wikipedia page — had done four years in the clink for his support of that earlier revolt, but he did not hesitate to throw in with Manuel de Carvalho (Portuguese again) when the latter proclaimed independence from Brazil.

Pedro I, Emperor of Brazil, found this sort of behavior much less appealing done to him than by him.

What are the demands of the insults from Pernambuco? Certainly a punishment, and such a punishment that it will serve as an example for the future.

Having a lopsided advantage in the balance-of-force department, Pedro soon got the opportunity to set that example. (Though not on Carvalho, who escaped the roundup and long outlived his king.)

The story goes that Frei Caneca was doomed to hanging — the fate suffered by his fellow-martyrs this day — but so beloved was he that nary a Pernambucano could be found willing to stretch the friar’s neck. It’s a nice 19th century liberal-man-of-the-cloth twist on that ancient hagiographic trope, the “holy man (or woman) who defeats the execution device”.

Unfortunately for Father Mug, that’s usually only a one-device-per-execution deal. In this case, Brazil did locate personnel willing enough for a firing squad’s worth of guys to shoot Caneca dead.

This lyrical end was set to verse in “Auto do Frade” by Brazilian poet João Cabral de Melo Neto.

* Pedro would inherit the Portuguese throne in 1826 on his father’s death, briefly and theoretically uniting the realms, but power players in the motherland gave him the boot within weeks.

** The flag of the 1817 Pernambucan Revolution is Pernambuca’s state flag today.

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1953: Marguerite Pitre, the last woman hanged in Canada

Thirty-five minutes past midnight this date in 1953, the 13th and last woman executed in Canada, Marguerite Pitre, was hanged in Montreal’s Bourdeaux gaol.

Pitre was condemned an accomplice to Albert Guay in the latter’s 1949 airline bombing, which killed 23 people just to get rid of Mrs. Guay.

The “dark and buxom go-between in Guay’s affair”* with a teenage waitress had rented Guay a room to install the nymphet when the girl’s father got wise to the frolicking and kicked her out of the house.

Pitre actually testified against Albert Guay in his trial, describing how she bought dynamite at his instruction and delivered a “mystery parcel” to the air freight on the doomed plane.

In fact, she helped blow open the case at the outset by attempting suicide 10 days after the crime and blabbing in the hospital how Albert had made her do it. Pitre insisted, though, that her own involvement was unintentional, and that she thought the box held a statue even though it was her own brother who had fashioned the explosives into a time bomb.

But after Guay’s conviction, both Pitre and her brother were arrested and separately tried for the plot themselves — both of them to follow Guay to the gallows for the audacious crime.

* Chicago Tribune, Jan. 9, 1953.

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1993: Westley Allan Dodd, child molester

Just after midnight this date in 1993, Washington state carried out the first legal hanging in the U.S. since 1965.

Pornstached child molester Westley Allan Dodd is the textbook “incorrigible sex offender” case study. That’s certainly how Dodd himself asked us to interpret him.

“I have said all along the system does not work,” he wrote of his long career in pedophilia, notoriously unrehabilitated by the criminal justice system. “I knew what I was doing, I knew it was wrong. I knew I could get the death penalty if caught.”

From the usual humble beginnings in teenage child-groping, and despite several arrests over the years, Dodd devolved into abducting young boys to actualize horrific fantasies he did not scruple to jot in his journal.

Incident 3 will die maybe this way: He’ll be tied down as Lee was in Incident 2. Instead of placing a bag over his head as had previously planned, I’ll tape his mouth shut with duct tape. Then, when ready, I’ll use a clothespin or something to plug his nose. That way I can sit back, take pictures and watch him die instead of concentrating on my hands or the rope tight around his neck — that would also eliminate the rope burns on the neck . . . I can clearly see his face and eyes now…

He suspects nothing now. Will probably wait until morning to kill him. That way his body will be fairly fresh for experiments after work. I’ll suffocate him in his sleep when I wake up for work (if I sleep).

In short: not the nicest guy, though also a monster as much pathetic as diabolic.

Dodd pleaded guilty to his three sex murders, and fought for his own execution. The state of Washington obliged him in a speedy three years.

Although the Evergreen State had lethal injection on the books, Dodd also availed his right to select its holdover alternative method, hanging.

Those kids didn’t get a nice, neat painless easy death. Why should I?

Which justification’s nobility (such as it is) is considerably more socially gratifying than, say, a hankering for the gallows’ post-mortem priapism.

(He didn’t get everything, though: they turned down his request to televise the hanging.)

Not content with his headline-grabbing mode of departing the world, Dodd had a hand in a statutory milestone, too. His stranger-danger nightmare case surfacing in the fall of 1989 was part of the background that drove Washington to pass the nation’s first sexually violent predator law, the Community Protection Act of 1990.*

Trutv.com’s Crime Library has a good deal more about the mind of this particular maniac.

* It was really Earl Shriner’s crimes more than Dodd’s that led most directly to the new law, which licensed indefinite “civil commitment” of sexually violent predators after the completion of their criminal sentences.

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