Category Archives: Hanged

1661: Oliver Cromwell, posthumously

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On this anniversary date of King Charles I’s beheading, the two-years-dead corpse of the late Lord Protector Oliver Cromwell was hung in chains at Tyburn and then beheaded, along with the bodies of John Bradshaw and Henry Ireton.

The great-great-grandnephew of ruthless Tudor pol Thomas Cromwell rose higher than any English commoner, high enough to be offered the very crown he had struck off at Whitehall. Oliver Cromwell declined it in sweeping Puritan rhetoric just as if he hadn’t spent weeks agonizing over whether to take it.

“I would not seek to set up that which Providence hath destroyed and laid in the dust, and I would not build Jericho again.”

The House of Stuart never could rebuild its Jericho while the Lord Protector ran the realm* — thirteen years, writes Macaulay, “during which England was, under various names and forms, really governed by the sword. Never, before that time, or since that time, was the civil power in our country subjected to military dictation.”

“Cromwell lifting the Coffin-lid and looking at the body of Charles I”, by Hippolyte (Paul) Delaroche — a French painter with an affinity for English execution scenes. The painting is based on an apocryphal but irresistible legend, also used by Nathaniel Hawthorne in a tedious short story.

And not only England. Cromwell’s prodigious depredations in Ireland — justifiably or not — remain a source of bad blood.

The English Commonwealth foundered after Cromwell’s death, however, and restoration of the monarchy — a rock, as it turned out, on which the Puritans’ bourgeois revolution could erect its colossus — came with the price of a few examples being made.

Of course, “executing” dead guys displays about as much strength as it does sanitation, and for all Charles II‘s demonstrative vengeance, the politically circumscribed throne he resumed was very far from his father’s dream of absolutism. Between the late dictator and the new king, the future belonged to the corpse clanking around on the gibbet.

When the able Charles II followed Cromwell into the great hereafter, his brother James II promptly fumbled away the crown with his anachronistic insistence on royal authority and his impolitic adherence to Catholicism.**

In the emerging England of the century to come, the divine right would depart the Stuarts for another dynasty more amenable to the rising authority of the parliament whose sword Oliver Cromwell once wielded.

* Resources on the particulars of Cromwell’s career, the English Civil War, et al, are in plentiful supply online. This BBC documentary is a very watchable overview: part I; part II; part III; part IV.

** James II remains England’s last Catholic monarch.

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1953: Derek Bentley, controversially

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On this date in 1953, Derek William Bentley was hanged by Albert Pierrepoint in London’s Wandsworth Prison for a murder committed by a friend.

The execution of the mentally impaired 19-year-old was a lightning rod when it was pronounced the previous December and remained so over a half-century struggle for his posthumous pardon.

He had been caught robbing a warehouse with an underage friend in November 1952, and in the gunfight that ensued, a police officer was shot — 15 minutes after Bentley was arrested.

In a welter of confusing evidence, the essential fact was that the two youths had engaged a criminal enterprise and thus became jointly liable for every consequence of the crime, regardless of who pulled the trigger. Nevertheless, it rankled as a manifest injustice that the young man should hang for a murder that happened after he was in custody, while the triggerman should not. There was a sense that Bentley faced a maximal punishment in the state’s frustration that the shooter was too young to hang; and, that since the two boys’ ages were barely on either side of 18 and the 17-year-old Christopher Craig arguably the dominant member of the duo, the effect was a great injustice.

The jury’s recommendation for mercy was not taken up, and Home Secretary David Maxwell Fyfe — a Nuremberg prosecutor fresh from crafting the European Convention on Human Rights — declined to extend a reprieve.

This morning’s hanging was hotly protested. Several hundred rallied outside the prison; 200 MPs presented a petition for Bentley’s clemency, and afterwards several were rebuffed attempting to debate the hanging in Parliament. The medical journal Lancet assayed the general disquietude at the situation and opined that

[W]e are obliged to ask ourselves whether in holding to the letter of justice we are letting the spirit escape … To the English, at any rate, revenge is seldom a fully satisfying experience; it carries too much guilt with it. In the case of Bentley the public sense of guilt seems to have been strong — far stronger than the desire for vengeance.*

Bentley’s 21-year-old sister Iris vowed to her brother the night before his death that she would clear his name, and she fought for the rest of her life to do so. She would win that fight in 1998 (one year after her own death) when the conviction was overturned.

In the meantime, Bentley’s fate entered the public conscience, generally but not universally in the capacity of miscarriage of justice.

Bentley is the subject of an Elvis Costello song, “Let Him Dangle”:

… and a 1991 film:

* Lancet also said that “in our view the perpetual public preoccupation with the condemned cell and the gallows is harmful to the mental health of society.” Executed Today does not endorse this position.

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1903: Arthur Alfred Lynch condemned

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On this date in 1903, Irish MP Arthur Alfred Lynch waited 26 minutes for a jury to convict him, then heard the sentence of a British court for having fought against the British Empire in the Boer War.

[T]he jury have found you guilty of the crime of high treason, a crime happily so rare that in the present day a trial for treason seems to be almost an anachronism — a thing of the past. There can be no doubt that in times gone by there was great abuse, and many persons were indicted, convicted, and punished for matters which would not now be thought worthy of serious or, perhaps, any notice. There has been a kind of national reaction by which many persons have been disposed to treat serious crimes against the State as if the name of treason, and as if the thing, no longer existed. One moment of reflection will show you how erroneous is such a conception …

Yes, even if the black cap gave away the ending, the judge was going to take his time getting to it.

The misdeeds which have been done in this case, and which have brought you to the lamentable pass in which you stand, must surely convince the most sceptical and apathetic of the gravity and reality of the crime. What was your action in the darkest hour of your country’s fortunes, when she was engaged in the deadly struggle from which she has just emerged? You joined the ranks of your country’s foes. Born in Australia, a land which has nobly shown its devotion to its parent country, you have indeed taken a different course from that which was adopted by her sons. You have fought against your country, not with it. You have sought, as far as you could, to dethrone Great Britain from her place among the nations, to make her name a byword and a reproach, a synonym for weakness and irresolution. …

Even allowing that this sentence was pronounced before either of the coming century’s world wars, calling the Boer War to conquer South Africa for the crown England’s “darkest hour” only underscores how very long Britannia had stayed in the sun. Were the early shadows of empire’s twilight visible from here … or was it just standard issue judicial showboating?

[Y]ou thought it safe, no doubt, to lift the parricidal hand against your country. You thought she would shrink from the costly struggle wearied out by her gigantic efforts, and that, at the worst, a general peace would be made which would comprehend a general amnesty and cover up such acts as yours and save you from personal peril. You misjudged your country and failed to appreciate that though slow to enter into a quarrel, however slow to take up arms, it has yet been her wont that in the quarrel she shall bear herself so that the opposer may beware of her, and that she is seldom so dangerous to her enemies as when the hour of national calamity has raised the dormant energies of her people — knit together every nerve and fibre of the body politic and has made her sons determined to do all, to bear all, to sacrifice all on behalf of the country that gave them birth.

…

The only — I will not say excuse, but palliation that I can find for conduct like yours is that it has been for some years past the fashion to treat lightly matters of this kind, so that men have been perhaps encouraged to play with sedition and to toy with treason, wrapt in a certain proud consciousness of strength begotten of the deep-seated and well-founded conviction that the loyalty of her people is supreme, and true authority in this country has slumbered or has treated with contemptuous indifference speeches and acts of sedition.

There’s some relish here, the kind you’d hear if Antonin Scalia had an opportunity to pass sentence on Cynthia McKinney.

This ponderous bombast was the culmination of a highly-anticipated, highly-publicized trial of a man who had returned to London and arrest as an elected Irish parliamentarian after upholding the Boer cause in print throughout Europe, and enrolling an Irish unit in the fight.*


Col. Lynch’s Irish Brigade, from this South African military history page.

Incidentally, this is the same judge who sentenced Oscar Wilde for the love that dare not speak its name, intoning on that occasion that “people who can do these things must be dead to all senses of shame, and one cannot hope to produce any effect upon them.” (Mr. Justice Wills’ update of his father’s classic treatise on circumstantial evidence is available from Google books, as is Wanderings Among the High Alps, which he wrote in his capacity as mountaineering hobbyist.)

But had you and those with whom you associated yourself succeeded, what fatal mischief might have been done to … that inheritance of power which it must be our work to use nobly and for good things; an inheritance of influence which will be of little effect even for good unless backed by power, and of duty which cannot be effectually performed if our power be shattered and our influence impaired. He who has attempted to do his country such irreparable wrong must be prepared to submit to the sentence which it is now my duty to pronounce upon you … that you be taken hence to the place from which you came and from thence to a place of execution there to be hanged by the neck until you are dead.

For all this sound and fury, one would hardly know that it was generally and publicly understood the sentence would be swiftly commuted — as it was, a few days later.

Arthur Lynch received a free pardon in 1907, and in 1909 was returned to parliament as an Irish nationalist delegate to resume his remarkable career as writer, physician, engineer and all-around polymath.

* Lynch’s part in the war is included in The Boer Fight for Freedom, another century-old tome in the public domain and available on Google Books.

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1803: George Foster, and thence to the reanimator

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It’s not too often that a typical convicted murderer becomes a source for not just law, but also literature and science. George Foster (sometimes spelled George Forster despite few, if any, contemporaneous spellings as such) managed just that on this date in 1803, and his legacy lives on to this day.

Foster’s case was, in the annals of capital punishment, unremarkable.

He was accused in the drowning of his wife and youngest child in the Paddington Canal, one of the many canals being improved at the time to connect various parts of England by water. Foster was found guilty based on circumstantial evidence and sentenced to hang at Newgate Prison on 18 Jan 1803.

Shortly after 8 a.m., Foster was executed; minutes later, he was a science experiment.

Professor Giovanni Aldini was the nephew of biological electricity guru Luigi Galvani, and he wanted to electrify a body. Galvani had shown that frog legs responded to electricity, twitching when current was passed through the muscle, and he was in academic competition with his associate and sometime dissident Alessandro Volta over why this occurred. Galvani claimed that an electrical fluid flowed through the corpse, activating the muscles; Volta said that the cells passed electrical signals between one another. It was this latter assertion that led to the development of Volt’s first battery, a voltaic pile.* Aldini was convinced that his uncle was right about electrical fluid, but he was keen on Volta’s ideas for creating portable electricity.

His stated reason for delving into what was known as galvanic reanimation was to aid the recently drowned, who, he said, might be resuscitated. Galvani leaned on some earlier experience with beheaded victims in Bologna, as well as animal experiments, to convince British government agents of the viability of the plan. As one witness to those events stated:

A very ample series of experiments were made by Professor Aldini which show the eminent and superior power of galvanism beyond any other stimulant in nature. In the months of January and February last, he had the courage to apply it at Bologna to the bodies of various criminals who had suffered death at that place, and by means of the pile he excited the remaining vital forces in a most astonishing manner. This stimulus produced the most horrible contortions and grimaces by the motions of the muscles of the head and face; and an hour and a quarter after death, the arm of one of the bodies was elevated eight inches from the table on which it was supported, and this even when a considerable weight was placed in the hand.

Which is not to say it was really difficult to get permission.

Aldini’s experiments were a very public roadshow demonstration of Galvani’s ideas. London’s Royal College of Surgeons was, at that time, fascinated with the boundaries of life and death, and Aldini was more than happy to offer his services. As well, the 1751 (or 1752) Murder Act would not allow hanged criminals to be buried, and their corpses were often used for scientific discovery. Foster’s body, which had hung for an hour in slightly sub-zero temperatures, was the first complete corpse Aldini acted upon, but he wasn’t the first to get a chance.**

The Newgate Calendar summarizes the events:

On the first application of the process to the face, the jaws of the deceased criminal began to quiver, and the adjoining muscles were horribly contorted, and one eye was actually opened. In the subsequent part of the process the right hand was raised and clenched, and the legs and thighs were set in motion. Mr Pass, the beadle of the Surgeons’ Company, who was officially present during this experiment, was so alarmed that he died of fright soon after his return home.


An illustration of Aldini’s experiments with executed corpses. His notes of George Foster record that “the jaw began to quiver, the adjoining muscles were horribly contorted, and the left eye actually opened … The action even of those muscles furthest distant from the points of contact with the arc was so much increased as almost to give an appearance of re-animation … vitality might, perhaps, have been restored, if many circumstances had not rendered it impossible.” (cited in Mary Shelley: Her Life, Her Fiction, Her Monsters)

Aldini’s act was yet another public showcase of strange new technologies, this time sparking the imaginations of the Brits. Within a generation, Scottish experimenters were performing similar feats, and the College of Surgeons had, after further attempts similar to Aldini’s, revived the heart of another convicted murderer, John Bellingham. It was the first recorded heart shock revival in modern medical history.† (Even today’s scientists turn to electricity to instantiate life’s precursors in trying to solve the riddle of abiogenesis.)

But even more than that was the effect these results had on popular culture, where Mary Shelley, well aware of Aldini’s work (as well as that of Erasmus Darwin, a proponent of evolution well before the concept of “natural selection” was framed by his more famous grandson), used the idea of reanimation — such as was attempted on her husband’s first wife after she drowned — to inspire her signature characters, Victor Frankenstein and his “monster.”

As a cultural icon, Frankenstein did exceedingly well. Considered a true Gothic novel, the story was remade for stage as early as 1887, turned into a variety of films which were subsequently parodied (c.f. The Rocky Horror Picture Show, “Treehouse of Horror II”, The Re-Animator, etc.), retold on radio, brought up in song, and re-written in novels.

Galvanization was never mentioned directly in that book, but the studies at the College of Surgeons were clearly an inspiration. And galvanization transcended that book, striking a chord in the public imagination. It continued to pop up in publication for decades after the Aldini/Foster event, for instance in the 1836 illustration “A Galvanized Corpse”, in which the editor of the Washington Globe, Francis Preston Blair, is shown being “galvanized” by two demons, who represent the interests of Andrew Jackson.

* The Voltaic pile was originally used to disprove Galvani’s fluids theory. However, the two were largely non-adversarial, so Volta actively advanced Galvani’s name through the word “galvanism” and, by the time of Foster’s death, “galvanize.” The term “galvanized” metal refers to a conductive element coated with something non-conductive and dates from the late 1830s. Volta, of course, is the recognizable source of the the electrical potential unit of the “Volt.”

** Indeed, the College of Surgeons was receiving all hanging victims from London since 1752, and most were put through rigorous postmortems. Such scientific experimentation is also often blamed for the revival of Patrick Redmond in 1767, who received a windpipe incision following his hanging in Cork, Ireland; Redmond, however, was documented as hanging for just nine minutes, only slightly longer than the average person takes to die if deprived of oxygen.

† Those interested in the history of cardiology in general should take a look at Louis J. Acierno’s The History of Cardiology; those interested in the use of human remains in medical science should seek out Human Remains: Dissection and Its Histories by Helen MacDonald.

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1980: Four Iraqi Turkmen

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On this date in 1980, a professor, a soldier, a bureaucrat and a businessman were hanged by Saddam Hussein in his campaign to cow Iraq’s Turkic ethnic minority.

The ethnic and religious quiltwork of Iraq is much more nuanced than Sunni vs. Shia — and this blog has noticed its deadly potential before.

This day’s hangings belong to an earlier era, of the Ba’athist secular pan-Arab aspiration that had Hussein quashing minority national aspirations. (Though the anti-minority stance was hardly unique to him.)

Nejdet Kochak, Abdullah Abdurrahman, Riza Demirji and Adil Sherif were ethnic Turkmen (or Turkomen), ethnically and linguistically distinct Moslem descendants of those far-flung peoples of the Eurasian steppes.

More to the point, they were relatively prominent voices for Turkoman civil rights in the face of harsh state suppression.

This being Saddam Hussein’s Iraq, the problem had an easy solution. The four were made examples of, convicted of spying for their brother Turks in Turkey, and hanged — but not forgotten.

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1895: Charles Stokes, in the heart of darkness

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On January 15, 1895, a Belgian colonial official in the Congo Free State hanged Charles Stokes for trading illicitly.

A British subject who’d abandoned his humdrum Liverpool desk job to become an missionary in Africa, Stokes eventually became a merchant in the mysterious continent noted for his favorable relationships with the locals. (He had two African wives.)

In 1895, operating out of German East Africa,* his caravan was detained trading into the Congo Free State — King Leopold’s hellish personal reserve — with “Arab” slavers who colonial authorities considered rebels. That “rebel Arab slavers” bit formed the charge against him, but trading outside the royal monopoly was probably at least as egregious in Belgian eyes.

An 1895 Review of Public Events at Home and Abroad sums up the scenario.

It was alleged that [Stokes] had large quantities of arms, ammunition, and ivory, and that he had bought the ivory at a low price from Kibonge, the assassin of Emin Pasha. Captain Lothaire, an official, an official of the Congo State, with a strong force, was then advancing from Stanley Falls to attack this Arab chief Kibonge, in revolt against the Congo State.** On Lothaire’s arrival at Kilunga, Kibonge was already a prisoner in the hands of his own native subordinates, who refused to join him in fighting the State. Stokes applied to Lothaire for protection of his ivory and goods, which he desired to carry towards the East Coast. Lothaire claimed that letters were found among Kibonge’s effects which went to prove that Stokes had sold large quantities of arms and ammunition to this chief, to be used in war against the Congo State. Mr. Stokes was arrested by Captain Lothaire’s orders, brought before a court-martial composed of two non-commissioned officers and Lothaire, and sentenced to be hanged. The execution took place the following morning.

Though not surprising that the summary hanging of a European would provoke an international incident, one would hardly call it equitable given the unnumbered, unmourned multitudes of Africans whose lives were wrung dry and discarded for Belgium’s treasury. Still, the “Stokes Affair” made the headlines in both England and Germany, and for activist types struggling to gain any kind of traction for their tales of colonial horrors, it was something to work with.

Leopold paid off both countries. The trial of Lohaire for naughtily conducting the execution ended in an acquittal. Belgium set up a blue-ribbon commission of missionaries solemnly vowing to investigate abuses, which was never heard from again.

(Look for Charles Stokes’ appearance in this tale of the Belgian Congo’s woe, beginning at about 1:01:25.)

If the Stokes incident didn’t catch fire itself, it became a stick in the accumulating dry tinder that Sir Roger Casement set a spark to in the early 20th century.

And maybe a bit more than that, too.

The horror! The horror!

Stokes’s singular story is often thought to inform (pdf) Joseph Conrad’s great literary critique of colonialism, Heart of Darkness.

The Stokes hanging would be only one data point among many for those who had ears to listen to the horrors emerging from the Congo, to be sure. Still, Molly Mahood and Ian Watt have included Stokes — the gone-native ivory trader — as one of several possible inspirations for the novel and especially the Kurtz character. Lothaire himself probably offered fodder for the petty, tyrannous impunity of colonial officers who the narrator encounters on his way to meet Kurtz.

I gathered in snatches that this was some man supposed to be in Kurtz’s district, and of whom the manager did not approve. ‘We will not be free from unfair competition till one of these fellows is hanged for an example,’ he said. ‘Certainly,’ grunted the other; ‘get him hanged! Why not? Anything — anything can be done in this country.’

* Present-day Rwanda, Burundi and Tanzania.

** Lothaire had spent the early part of the decade wresting Belgian commercial dominance in the eastern Congo from the incumbent Arabo-Swahili elites. (The link is French.) “Arabs” in the context of the Belgian Free State meant these Moslem bantus, not (by and large) ethnic Arabs as we would think of them today.

Neither were “Arab slavers” a distinct enemy class for the Free State; those prepared to play ball with white authorities raided native settlements to obtain slaves for rubber plantations and other Belgian-authorized ventures.

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1879: James McDonnell and Charles Sharpe

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On this date in 1879, two Molly Maguires hanged in Mauch Chunk, Pa., while their reprieve waited for them just outside the door.

John Kehoe may have been the symbolic last chapter in the Mollies‘ suppression, but Pennsylvania didn’t intend to forego its mopping-up operation.

James McDonnell and Charles Sharpe (or Charles Sharp) had been convicted of murdering George Smith in 1863; like other Molly Maguire crimes, this one either (take your pick) languished for 13 years until the criminal enterprise that authored it was toppled, or was plucked from obscurity as a pretext on which to condemn the men on rather doubtful evidence.

It was on the strength of “snitch” testimony from admitted murderers that McDonnell and Sharpe were sentenced to die — McDonnell, a hirsute Irishman straight from barbarian central casting, even tried turning informer himself to save his own life, just as his accusers had done. (He continued to deny responsibility for the Smith murder, including on the gallows in his last statement.)

But as Maguire cases go, these were small fry … and it’s the sad circumstances of their end and the evocative description of the scene under the gallows that attracts our attention today.

An execution which it was thought would be one of the quietest hangings that ever took place in Mauch Chunk has proved the most exciting. A reprieve from Gov. Hartranft arrived here one-half minute after the drop fell — just 30 seconds too late to save the lives of the condemned men.

…

A scene of great excitement took place in the jail; but, although the condemned men had been hanging only a few minutes, there was no movement made toward cutting them down. The telegraph messenger reached the jail door before the drop fell; but no attention was paid to his knocking and ringing, the wife of one of the men having previously been extremely violent outside. When the drop fell the knocking and ringing continued, and the Sheriff sent out a man to arrest the persons whom he imagined to be creating a disturbance. It was then found to be the telegraph messenger with a reprieve. A brother of McDonnell, who had been kneeling by the scaffold, arose and excitedly charged the Sheriff and the bystanders with the murder of his brother. The excitement spread, and the Sheriff appealed to one of the priests, who exonerated him from blame. Amid this excitement and the reproaches of the maddened brother of McDonnell and the wailings of the bereaved families outside, the hanged men were forgotten, and their bodies remained suspended for 30 minutes after the drop fell. There is no reasonable doubt, however, that both were dead when the reprieve came.

It should be noted that the reprieve was not an outright commutation, only a stay of the sentence for a few more days. Nevertheless, the melodramatic affair led the Times to wax lyrical.

“The evil of this whole case,” it began, clearly not speaking from the point of view of McDonnell and Sharpe, “is that the gallows in Pennsylvania is invested with great uncertainty.”

[F]rom this time out the condemned man at the foot of the gallows may not only hope that a reprieve may arrive for him at any moment, but he may take off his thoughts from the certain doom before him and be agonized with the reflection that the boon which he waits for may come when his life has gone past recall. If a stay of proceedings is to be granted at all, it should be granted while the condemned man’s life may be said to keep the case open. It is a refinement of cruelty to keep hope alive and quivering at the foot of the gallows.

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1864: Two Dodds, as two spies, in two states, and twice botched

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On January 8, 1864, young David Owen Dodd was hanged in Little Rock for spying on federal troops … and cavalryman Ephraim Dodd (no known relation) suffered the same fate for the same crime in Knoxville.

Just one of those strange coincidences.

Ephraim Dodd

Ephraim Shelby Dodd is the subject of an outstanding HistoryNet profile whose contents this blog can not so much improve upon as summarize.

A member of Terry’s Texas Rangers (“men who ride like Arabs and fight like devils”) Dodd was captured in December 1863 and convicted by his diary — a particularly harsh reading of his diary in which a reference to having passed himself off as a Yankee was interpreted as evidence of espionage. (The diary is available online and as part of a book on Terry’s Rangers.)

Knoxville worthies rallied to save him and Ephraim Dodd insisted upon his innocence, but not so vociferously that he displayed any terror of his fate.

Do not grieve for me, my dear parents, for I am leaving a world full of crime and sin for one of perfect bliss.

The hanging itself wasn’t bliss, exactly, despite a well-planned soundtrack.

From the “Death March” the music gradually slid into “Mary’s Dream,” and then we were carried back by the magic of the plaintive notes to juvenile days; to visions of “Sandy far at Sea,” and to the sad cadence of that fading refrain,

“When, soft and low, a voice she heard
Saying, Mary, weep no more for me.”

The solemn march, the wailing notes of the fife, and perhaps above all the calm, unmoved, manly bearing of the prisoner — so we thought — produced a mournful impression upon the spectators.

Points earned on artistic merit, however, were deducted for technique.

At a signal the bolt was now withdrawn, the culprit fell, but the cotton rope broke by the sudden tension, and the man lay stretched and stunned upon the frozen ground below. A mummer of horror, mingled with expressions of pity, ran through the assembled crowd. Recovering for an instant from the shock — for his neck was not broken — he said — perhaps incoherently: “Release me quick, if you please.” For some ten minutes the unfortunate man lay thus upon his back, without moving a muscle. Meantime the officers and men, whose painful duty it was to see to the execution of the law, adjusted this time two parts of the same rope instead of one, and the half-conscious man was borne up the fatal steps a second time, being partly supported upon the drop until the double noose had been adjusted. Not a word or sign of suffering all this time escaped his lips. In another moment the drop fell, and prisoner’s form now hung by the neck — the knot behind the head. Death finally ensued by strangulation. In ten minutes, Dr. Cogswell, the officiating surgeon, pronounced life extinct, and the body was taken down and buried.

David Owen Dodd

A few hours later and 500 miles down the way, the entirely unrelated hanging of David Owen Dodd proceeded in Little Rock, Ark.

David Dodd’s final resting place at Mount Holly cemetery. Image courtesy of Richard Theilig.

Only 17 at his hanging and not physically robust enough to get his brains blown out at Gettysburg, Dodd was sent by his father on a business trip across Union lines — everything legit, and carrying a pass — but got busted with morse code notations of Union troop strength in the city.

Unlike Ephraim, who was basically a normal soldier thrust into incriminating-looking circumstances by the chance of war, young David Dodd was rightly accused.

He didn’t bother protesting his innocence, but he also kept mum about his contacts. (Suggestively, a teenage girl and her father were whisked out of town and kept under guard in Vermont for the rest of the war.) That proud silence has won him quite a reputation in Arkansas as the Boy Hero of the Confederacy.

But similarities between the condemned men extended beyond their names. David’s parting filial reassurance could pass for a paraphrase of Ephraim’s.

[D]o not weep for me for I will be better off in heaven. I will soon be out of this world of sorrow and trouble.

And the hanging itself, conducted in a tense atmosphere, was likewise a botched job. In this case, the slight young man didn’t fall hard enough to break his neck, but did fall far enough to get his tiptoes on the ground, initiating an agonizingly protracted strangulation which the soldiers on detail expedited by (accounts differ) pulling on David Dodd’s legs and/or pulling up on the rope.

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1898: Theodore Durrant, the Demon of the Belfry

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The annals of crime will attest that malefaction, like any other history, repeats itself — as tragedy and then as farce and then simply with numbingly grisly monotony.

Which brings us to San Francisco, for another forgotten crime of the century — a theater of the time actually produced a play called Criminal of the Century — that sent the Nancy Graces of the Gilded Age aswoon.

Theodore Durrant‘s basic profile — normal-seeming medical student and Sunday school superintendent with a secret pervy side — might not seem so remarkable with a century’s worth of serial killer profiles in the books, but ponder what programming hours Court TV would fill with mutilated, violated female parishioners found stuffed in the cupboard and belfry at any of the nation’s Emanuel Baptist Churches.

That Durrant was the last person seen with either of them anchored what the Associated Press would call (only a week after the bodies were discovered) a “chain of circumstantial evidence that has been welded link by link … so strong that it seems hardly possible that it can be rent asunder.”

Why,

information poured in … proving that the prisoner was a degenerate of the most depraved class. For obvious reasons, names cannot be given of young ladies to whom he made the most disgusting propositions, and the wonder of it is that he was not killed, or at least exposed before. But in most instances the nature of his insults were such that the young ladies offended feared to inform their relatives, lest they would take the law in their own hands. One young lady told her mother that some time previous to these murders, Durrant had inveigled her into this same library and excusing himself for a moment, returned stark naked and she ran screaming from the church.

The particulars were nationwide news copy from the outset in 1895 to hanging in 1898, and the city had a difficulty scraping together a jury qualified to give the man a fair trial (deliberation time: five minutes).

Durrant, for his part, protested his innocence to the gallows. Few believed him, but he did pick up a married groupie the press nicknamed “Sweet Pea Girl” for the flowers she kept bringing him.*

The more things change …

Even the legal route to hanging was (by 19th century standards) characteristically-for-California tortuous. The “fight for delay,” reported the Los Angeles Times (Jan. 8, 1898), was “vigorously maintained for almost twenty months, not even ceasing with the execution of the death sentence.”

Durrant came within two days of execution twice in 1897; the full narrative of legal maneuvers will be amply suggested by the Times‘ account of those made in the last week alone.

On December 31, an appeal for a writ of supersedeas was made to the State Supreme Court, but was refused. The Federal courts were then vainly appealed to for a writ of habeas corpus. On January 3 a petition was presented to Gov. Budd, praying for executive interference in the case. The petition stated that Durrant was a vital witness in the slander suit brought by his mother against [trial juror Horace] Smyth.**

On January 5 Durrant’s attorneys made another application to the United States court for a writ of habeas corpus. This was denied; also permission to appeal to the United States Supreme Court. On January 6, Attorney Boardman arrived in Washington, and endeavored to persuade Justice Brewer of the Supreme Court to grant permission to an appeal. Justice Brewer declined, and Boardman announced that he would appear before the entire court on Friday and demand to be heard.

In San Francisco on January 6, Attorneys Dickinson and Deuprey asked the United States Circuit Court for leave to file a bill of exceptions. … On the same afternoon, Gov. Budd formally announced that he would not interfere.

Durrant’s beloved sister would change her name to Maud Allan and emerge as a popular dancer in Europe in the early years of the 20th century. Renowned for her sensual portrayal of Salome, Maud strikes an immediate reminder of another character from these grim pages … and like Mata Hari, Durrant’s sister was accused (non-fatally, in Maud’s case) of consorting with German operatives during World War I.

* A paroled murderess also had Durrant’s back.

** According to the story, Smyth publicly called Durrant a “moral monster” and suggested that the condemned had had relations with his mother and sister.

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1634: Anna Tait, “trublit in conscience”

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(Thanks to historian and witchcraft expert Louise Yeoman for this guest post on an obscure and once-forgotten “witch” whose human tragedy all but leaps off the page. This post was originally an article prepared for the National Library’s now-defunct journal Quatro. Her work has appeared in many more high-falutin’ places than this here blog, and she is a co-creator of the Survey of Scottish Witchcraft.)

On the trail of Anna

If you look in Christina Larner’s Sourcebook of Scottish Witchcraft, you won’t find Anna Tait. That’s because she was one of many accused witches whose names were unknown to the compilers of the sourcebook. The details of Anna and almost a hundred others were recorded in a National Library of Scotland Advocates manuscript, which was overlooked many years ago when the huge edition of Scotland’s Privy Council records was in preparation. In the closing years of the last century, the editors of the Privy Council volumes carefully combed the holdings of the National Archives of Scotland for their material. What they didn’t realise was that a single volume of the Register of Commissions for the years 1630-42 had escaped them. In it were hundreds of records of Privy Council commissions to try criminal trials.

In it was Anna Tait.

I first came across Anna and Adv. Ms. 31.3.10 when my friend and fellow researcher Dr Michael Wasser of McGill University, Montreal showed it to me in the Library’s North Reading Room. Michael was (and still is) a historian of crimes of violence in 16th-17th century Scotland, and he was instantly aware of the significance of the manuscript. Almost the first thing he pointed out to me in it was a remarkable story of family tragedy. Out of hundreds of records, this one tale of domestic misery, horror and a woman’s life stood out. It stood out to the clerk who wrote the volume too. A commission is normally a bare record of who is accused of what crime and who is to try them. But the commission to try Anna contained harrowing detail. Almost straight away I agreed to transcribe her commission and to edit it for Scottish History Society. Why was it so remarkable?

Anna Tait ‘alias ‘Hononni’, was in the Scots of the original ‘thrie several times deprehendit putting violent hands to herself at her awne hous,’ in Haddington in 1634. In other words, she was caught trying to kill herself.

In 17th century terms suicide was one of the most heinous acts one could commit. It was like witchcraft, considered to be a particularly odious crime against God’s law and it was punishable by forfeiture of the entire goods of the victim and by a dishonourable burial in unconsecrated ground. What drove Anna to such terrible lengths?

The rest of the commission made the reasons clear. When Anna was apprehended for attempted suicide, she told a terrible tale of adultery, poisoning, domestic murder, unwanted pregnancy, botched home-abortion and death. Here is this part of the commission slightly adapted and with the spelling modernised.

She was for that cause, upon the 18th of December, taken and committed to ward within the tolbooth of the said burgh where being demanded and examined why she put hands to herself, she answered that the intolerable trouble of her mind, which she conceived for the murder of her first husband called John Coltart, nolt driver [cattle drover], and for the murder of her daughter, moved her thereto.

Confessing plainly that about 28 years ago, she being married to the said John, ane aged man, before the marriage she had sundry times committed fornication with William Johnston, her present husband, and that within the time of the marriage she had likewise committed adultery with him. To be quit of her first husband, she consulted with the Devil for his destruction, and that the Devil having directed her to make a drink of foxtrie leaves [foxglove leaves], she did the same, and gave it to her husband to drink who within three hours departed this life.

Concerning her daughter, she confessed that the daughter being with child, and she [Anna] having a purpose to murder the infant in the mother’s belly, at last she consulted with the Devil. He gave her direction to buy wine and to mix it with salt and give it to her daughter to drink, which she having drunken, she shortly thereafter departed this life.

So far, so sadly comprehensible, except for the inclusion of a character whose presence might seem unnecessary to modern readers — The Devil. The Commission finally proceeds ‘upon the 8th of December instant; she had carnal copulation with the Devil in her own bed, and that upon the 11th of December the Devil came to her bedside, gripped her by the hair of her head and did nip her cheek’. Suddenly a classic case of domestic murder and family tragedy is turned to that strangest of all 17th century phenomena to the modern mind: a witchcraft accusation. This was not just a case of three in a marriage, but three plus the Prince of Darkness. However, this wasn’t a strange notion to 17th century people. Where two, three or even just one person were engaged in works of wickedness, it went almost without saying that Satan was somehow present too. Anna was tried not as an adulteress or a murderer but as a witch – the commission was the licence to the magistrates of Haddington to try her, but where was her trial?

Records of such witchcraft trials held in local, rather than central, courts rarely survive. Whilst I was working on the commissions, I happened by chance to be helping someone with a totally different enquiry. Dr John McGavin was researching records of early modern Scottish drama. We discussed his research on poet and minister James Melville and Melville’s account of a dramatic performance in St Andrews. Hearing that John was soon going to be searching through the Haddington Burgh records in the National Register of Archives, I asked him if he would keep an eye out for Anna and any other witches he might happen to spot. To my delight, I soon had an e-mail from John telling me that her trial records were in the Haddington burgh court book.

Researching witchcraft cases can be an intense mixture of horror and delight for a historian. On the one hand to find unexpected light on a unique case is a matter for rejoicing. On the other hand, the details I found in the court book were even grimmer than those of her commission.

Anna had tried several times to hang herself using her own head-dress (her curch). When she was taken into custody, her suicidal behaviours became even more extreme. She attempted suicide again, both by trying to cut her own throat and then ‘when your hands were bound and your feet maid fast in the stocks, no other meanes being left to accomplish your devilishe designes, ye knocked your heid to the wall and stocks, wherby thinking to dispatch your self.’ The court book went into more detail, it claimed that Anna had sex with the Devil in the form of a black man and in the form of the wind and had made a covenant with him. Shape-shifting was a not uncommon piece of Scottish popular belief about Auld Nick, but on top of it were overlaid the sinister assumptions of European theories about demonic pact. One didn’t just meet the Devil according to the demonologists, one had sex with him, took his mark and swore one’s soul away to him. Anna was explicitly accused of all three actions.

The trial also gave more personal information about Anna to add to that from the commission. Taking both sources together we can say a little about her. She had married her first husband John Colthard, the cattle drover, 28 years ago at a place called ‘Furd Kirk’ in England in 1606. Cattle drovers went far afield in the course of their work and Anna had obviously travelled too. Interestingly enough she was accused of having made an appointment to meet the Devil at ‘Ellerslie’. The only places of this name are to be found over in the West of Scotland and not near her home in Lothian. Given 17th century spelling this may also have been the little Lanarkshire village of Elderslie, famed as the birthplace of William Wallace. Whichever it was, Anna’s world clearly stretched well beyond the confines of Haddington.

Age of marriage could be quite late in 17th century Scotland, so Anna was probably about or just under 50 years of age. Her second husband William Johnston was a miller who had lived at Winram, nearby Anna and her first husband. The proximity had assisted their illicit affair. Millers and cattle drovers could be prosperous members of an early modern community, so it is likely that Anna too had some standing in her community to keep up. She was probably very far from the stereotypical portrait of an accused witch as a poor begging woman going door to door looking for alms.

At sometime in her life Anna had acquired the alias ‘Hononni’, a Scottish variant of the English ‘Hey nonny no!’ a popular nonsense refrain in songs. It was an ironically jolly nickname for someone whose life was characterised by murder, tragedy and despair. We find the name of her beloved daughter too –- Elizabeth Johnston who died from the botched abortion. The records of this are chilling

The said Elizabeth, being as ye confessed with child (to whom, few but yourself knows and neither will ye reveal the truth of it), and apparently being loath to let it be known to whom the child belonged, she and ye sought all means to kill, to murther the child in her belly, that it might not come to light who was the father thereof, or how it was gotten, whether in adultery or incest, or what other unlawful way.

To that effect ye consulted with diverse of your confederates fra whom, ye got sundry feall [evil] counsel and by their advice, administered feall drinks to your daughter. But these not doing your turn and all other means failing you, ye went to your old maister the devil … who gave you advise to buy ane mutchkin of white wine, and mix a pint thereof with salt and minister the same unto your daughter, and it would do your turn. The which cruel and devilish counsel ye willingly obeyed and fetched the wine, mixt with the same with salt and gave it to your daughter to drink. By which she presently swelled and shortly thereafter both she and the child died.

In token wherof, you have confessed that the devil gave you as much money in true and real turners [small copper coins] as would buy the said mutchkin of wine and salt. And this deed only of all the devilish and abominable actions has most troubled you, and been the greatest cause of your desire to murder yourself.

In trying to cover up her daughter’s unwanted pregnancy, Anna ended up killing her child. Blaming herself for Elizabeth’s death, Anna no longer wanted to live. She tried repeatedly to kill herself. When it was put to her that the Devil had advised her do all this and that she had become a witch, it seems she barely bothered to defend herself. After all, even though she might have wanted to avoid the shameful death of being strangled and burned at the stake, at least it would have the virtue of ending her life. When the court asked whether she wanted anyone to speak in her defence, she answered ‘none but God in heaven’.

To modern eyes, Anna’s situation seems clear-cut. She had done some terrible things and for very understandable human reasons she wanted to die. Even in 21st century Scotland we would insist that, at the very least, Anna should go to jail for murdering her first husband and that she should be prevented from killing herself. Yet in 21st century Scotland, Anna would have been able to obtain a divorce from her first husband and her daughter would have been able to obtain an abortion (whatever you think of that). So the whole catalogue of tragedy might not have happened at all, or then again, perhaps it might. Was Anna a victim of a society which stacked the cards against women through its interpretation of the Bible or was she the sort of callous person who might have murdered a spouse despite all the advantages of a modern legal system? After all, the murders of spouses still occur. These are questions the historian can only raise and cannot answer.

Even in today’s society, however, a female criminal who had committed crimes of violence comparable to Anna’s would be unusual. To a 17th century society she was such a paragon of horror that the Devil had to be invoked to explain her conduct. In a society which stressed a woman’s subordination to her husband and saw her only rightful adult roles being those of a wife or a mother, Anna was a monster. To her community, she was not only an attempted self-murderer but also an adulteress and the unnatural murderer of her husband, daughter and unborn grandchild. By confessing to witchcraft, she had just about collected the set of the most appalling crimes a 17th century woman could commit. To be regarded with such horror in contemporary society, a woman would probably need to be accused of a string of serious offences against children or young people.

However Anna’s case also raises the question of her mental state and how issues of mental disturbance and suicidal urges were dealt with in her society. Such a suicidal defendant in a modern case might be found unfit to plead, but how did Anna’s contemporaries see her mental distress? Anna was ‘trublit in conscience’ and this points to the beliefs which probably helped to seal her fate. Despair as to whether one was part of the Calvinist ‘Elect’ or whether one was going to hell was a perfectly respectable state in Early Modern Scotland –- even to the extent of repeated suicidal impulses. This can be seen from the diaries, books, letters and sermons of radical Presbyterians and Covenanters. It was a very common phase of the Calvinist conversion experience of the 17th century. Demonic or even suicidal temptations were an almost a normal complication of the road to heaven. To despair over committing terrible sins worthy of hell-fire was not seen as being mentally unstable but as being eminently sane. Any reasonable Bible-believing person might think that way.

So Anna’s despair may have made her seem more culpable, rather than less culpable, to her interrogators whose beliefs would be that in her agony she had done utterly the wrong thing and turned in absolutely the wrong direction. She had, in their minds, turned to the Devil and not to God. Instead of despair proving to be a half-way stage for Anna on the road to conversion and eternal glory, Anna, it seemed by her confession, had failed to choose eternal life and had instead perversely chosen the ultimate dead-end: Hell. This was an offence made all the more horrible, as heaven in its Calvinist form, was no doubt being held out to her every Sabbath in their local church. Perhaps the reason it was necessary to punish the despairing so emphatically was pour encourager les autres; to make sure that when people experienced despair, they would in the Church’s eyes make the right choice: that they would resist the temptation and intensify their piety until the threat was overcome.

Faced with the reality of burning large numbers of accused witches amongst whom they found the suicidal and the mentally disturbed, later generations of Scottish Privy Councillors increasingly doubted the wisdom of this approach. In 1662 in the midst of a nation-wide witch-panic the council issued commissions under strict orders that to proceed with executing a convicted witch, it must be found that ‘At the tyme of their confessions they were of right judgement, nowayes distracted or under any earnest desyre to die’. Almost 30 years after Anna’s death, Scotland’s elite were becoming sensitive to the issue of attempted suicide by witch-confession and the mental state of the accused. It came much too late to affect Anna and because of her murder confession wouldn’t have saved her anyway, but it shows a little how things moved on even in that relatively short time frame. For Anna there could only be one ending — execution. Because she had confessed she was not burnt alive [burning alive tended to be reserved for those who died ‘impenitent’ ie. they refused to confess]. Her sentence was as follows:

It was given for doom [sentence] by the mouth of William Sinclair dempster [pronouncer of sentence] that the said Anna Tait should be taken, her hands bound behind her back and conveyed by William Allot, lockman [executioner] of Haddington to the ordinary place of execution, and there wirried [strangled] to the death at ane post and thereafter her body to be burnt in ashes, desuper act.

Note on sources

The commission for Anna’s trial is edited from Adv.Ms.31.3.10, f.102v. Her trial records may be found in National Archives of Scotland, Haddington Burgh Court Register B30/10/13, fos.24r-26v. A calendar of the witchcraft commissions in Adv. Ms 31.3.10 (including transcriptions of Anna Tait’s commission and her trial records) has been prepared by the author for Julian Goodare (ed.), Miscellany XIII, Scottish History Society, forthcoming.

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