Category Archives: Hanged

1707: John Whittingham

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On this date in 1707, John Whittingham was hanged as a burglar.

The Newgate Ordinary Paul Lorrain worked, as was his wont, on Whittingham’s soul, and as was his custom published an Ordinary’s Account celebrating Whittingham’s conversion. The thief, “before he was turned off, desired the Standers-by to take Warning by him, and pray for his departing Soul. His last Words were, Lord, have Mercy upon me! Lord, forgive me my Sins! Lord Jesus receive my Soul.”

But publishing these items was not merely the Ordinary’s custom — it was, especially in Lorrain’s hands, his very lucrative business.

The Ordinary’s Account of John Whittingham is a slender one; Lorrain spends 1,164 words on it, but most of these are formulaic description of the circumstances of Whittingham’s trial and conviction, followed by a padding-out with details of Lorrain’s own sermons. Only 679 words touch on Lorrain’s specific grappling with Whittingham’s own forgettable demons. (A bog-standard Newgate collection of “Sabbath-breaking, Idleness, Gaming, keeping bad Company, and having to do with Lewd Women.”)

Once Whittingham has been disposed of, however, we come to brass tacks for the Ordinary. Sure, Whittingham might have thought his hempen strangulation was the apotheosis of a life’s tragedy of sin and redemption. Actually it was just Lorrain’s daily bread and butter, in the literal sense of the term.

A lengthy footnote immediately following the execution remarks asserts Lorrain’s prime market position in the increasingly competitive execution broadsheet business:

Whereas some Persons do frequently take the Liberty of putting out of Sham-Papers, pretending to give an Account of the Malefactors (called the Lives and Conversations of the Persons Executed) in which Papers they are so defective and unjust, as sometimes to mistake even their Names and Crimes, and often misrepresent the State they plainly appear to be in under their Condemnation, and at the time of their Death. To prevent which great Abuses, These are to give Notice, That the only true Account of the Dying Criminals, is that which comes out the Day after their Execution in a single half Sheet, about 9 in the Morning, the Title whereof constantly be gins with these Words, The ORDINARY of NEWGATE his Account of the Behaviour, &c. In which Paper (always Printed on both sides the better to distinguish it from Counterfeits) are set down the Heads of the several Sermons Preach’d before the Condemned: And after their Confessions and Prayers, and Atestation thereto under the Ordinary’s Hand, that is, his Name at length; and at the bottom the Printer’s Name, Dryden Leach; which if the Readers would but observe, they would avoid those scandalous Cheats heretofore constantly impos’d upon them.

You got that?

And then, we have 1,213 words — significantly more than Lorrain spends on Whittingham himself — that underscore just why the Ordinary’s Account brand was worth such vigorous defense.

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1787: Jacob “Hannikel” Reinhard

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Robber Jakob Reinhard, better known as Hannikel, was hanged on this date in 1787 in Sulz am Neckar in Wurttemberg.

The captain of a brigand company stalking the Black Forest, Hannikel (English Wikipedia entry | German) kept one step ahead of pursuers for many years simply by exploiting the fragmented map of southern Germany: the next lord’s border was never more than a few strides away. Like his near-contemporary Schinderhannes, the bandit prince earned the affection due charismatic rogues for the usual reasons, viz., turning the wheel of fortune against the great and the good whom they made to stand and deliver.

Hannikel elevated his crew’s outlawry level from nuisance to anathema in 1786 by killing a guy in the course of a home invasion, which featured the less romantic part of the robber’s job: dripping burning resin on the lady of the house until she yielded up the concealed ducats. This incurred the wrath of the Duke of Wurttemberg, and the great bailiff (and early criminologist) Jacob Georg Schaeffer damned the borders and pursued the marauders all the way to Switzerland before he finally had them all rounded up.

Hannikel hanged along with three others of his gang; other members received lengthy prison sentences at hard labor.


1788 illustration of Hannikel imprisoned in the Schloss Sargans. Via this German-language summary (pdf) of Hannikel’s career.

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1936: Charlotte Bryant

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

At around 8:00 a.m. on this day in 1936, Charlotte Bryant was hanged at Teeter Prison by Thomas Pierrepoint for poisoning her husband with arsenic the previous year.

“Dying of arsenical poisoning,” writes Stephen Wade in his book Notorious Murders of the Twentieth Century: Famous and Forgotten British Cases,

…has got to be one of the most agonizing exits from the world we can imagine… Its effects are horrific… The sensations experienced have been described as the sense of having a burning ball of hot metal in the gut; on top of that, the victim has vicious diarrhea, vomiting and spasms in the joints, dizziness and consequent depression.

Frederick Bryant was to die that way.

Charlotte was born and raised in Ireland. She and Frederick met there in 1922, where he was serving with the military police. Charlotte, who was only about nineteen at the time, had the reputation as a girl who would sleep with anyone. Frederick didn’t seem to mind her reputation, though, and they so they married and moved to a tiny, rural village in Dorset, and he sought work as a farm laborer.

Charlotte’s open promiscuity continued, and soon evolved into prostitution. Everyone in the neighborhood knew her for her gallantries. It was said that, when someone asked Frederick how he felt about this, he pointed out he was earning less than said £2 a week as a cowman and said, “Four pounds a week is better than thirty bob [shillings]. I don’t care a damn what she does.”

Charlotte ultimately bore five children, some of whom may have been Frederick’s.

This situation continued until 1933, when Charlotte met Leonard Edward Parsons, a man who was himself married, and fell in love. Not only did the easygoing Frederick accept this relationship, he actually invited Parsons to live with them. Parsons did, and things actually went quite well for some time. Parsons paid the Bryants room and board, which made Frederick happy. Parsons and Charlotte got to have sex all the time, which made them happy. Win-win.

But finally Frederick asked Parsons to move out.

Frederick Bryant became inexplicably ill in May 1935 after drinking tea Charlotte had prepared for him. He recovered within a few days and he and his doctor shrugged and passed it off as gastroenteritis. In August he got sick again with the same symptoms as before, and as before, he soon recovered.

In November, Leonard Parsons told Charlotte he was going to leave her and find another job somewhere else. She was devastated.

By the time the Christmas season rolled around, Frederick was sick again. This time his symptoms were serious and he writhed in agony, “saying there was something inside him like a red-hot poker that was driving him mad.” He was sent to Sherbourne Hospital for treatment, but died a few days before Christmas.

Frederick’s doctor, who had treated him through these mysterious bouts of gastric illness, was suspicious: the symptoms the dead man had complained of corresponded exactly to arsenic poisoning, and like everyone else in the area he knew Charlotte as something less than the good wife. The doctor refused to sign a death certificate and notified the police of his suspicions.

A very thorough investigation began. A chemistry expert from Scotland Yard was given

complete organs, including the stomach and contents, small and large intestines, urine in the bladder, vomit and excreta, complete lungs, portions of skin and hair, brain and nails. In addition, these were taken from the area around the body: samples of soil from above the coffin, below the coffin and from the adjacent ground, sawdust from the coffin, and a portion of the shroud.

Sure enough: the results showed that Frederick’s flesh and the environs of his corpse were positively dripping with arsensic. Altogether 4.09 grains were discovered. Anywhere between 2 and 4 grains comprises a fatal dose.

While the chemist was at work analyzing his myriad of evidence, the police were questioning Charlotte. She denied having harmed her husband and said she had not recently purchased arsenic or anything containing it. However, a friend of the couple had some interesting things to say: Charlotte had a tin of arsenic-laced Eureka brand weed killer and said “I must get rid of this … If nothing is found, they can’t put a rope round your neck!”

After a search, the police found a partially burned tin of Eureka weed killer. Dirt and ash samples from the rubbish heap where it had been discarded tested positive for elevated levels of arsenic.

But they still had to prove Charlotte bought that tin of weed killer.

The Scotland Yard analyst had a look at Charlotte’s coat and found arsenic dust in the right-hand pocket at a staggering 58,000 parts per million. (By comparison, the average amount of arsenic found in ordinary soil is about 18 parts per million.)

Records showed that someone had purchased Eureka weed killer from a local chemist’s shop at around the right date, signing their name on the poison register with only an X. Charlotte was illiterate and could not have signed her name, but would have used her mark instead. The chemist said he knew the woman who came in to buy the poison but claimed that in spite of this, he would be unable to identify her now. He was probably trying cover his own tracks: it was illegal for a chemist to sell arsenic to anyone they didn’t know.

Parsons was questioned about Frederick’s murder. He had an alibi and was cleared of suspicion, but the police decided they’d accumulated enough against Charlotte, and arrested her for murder.

At her trial in May 1936, her attorney stressed the circumstantial nature of the evidence and warned the jury not to take Charlotte’s promiscuity into account. After all, she was on trial for murder, not for sleeping around. No one had seen Charlotte poison any food or give poisoned food to her husband, and the chemist still couldn’t or wouldn’t identify her as the woman who bought the weed killer at his shop.

Nonetheless, the verdict was guilty. Desperate efforts were made on her behalf to get her a new trial; some people believed the chemistry expert’s evidence had been faulty. These efforts came to nothing. Charlotte wrote a letter to the King, begging for a royal pardon, but this was ignored. She died protesting her innocence.

A footnote to this sad and sordid story: Charlotte left a pitiful estate worth 5 shillings, 8½ pence and willed it all to her five children. (She’d learned to write her name in jail; her will was the first legal document she signed with her name rather than her mark.) Her children were trucked off to an orphanage. Mrs. Violet van der Elst, a noted anti-death penalty activist, heard of their plight and vowed to make sure they were cared for. (Van der Elst featured this case among numerous others in her 1937 tract On the Gallows.)

She also started a charitable fund for the children of executed convicts. The first donation to the fund, from van der Elst herself, was £50,000. As for the Bryant children, nothing further is known of them.

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1909: Garry Richard Barrett

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

On this date in 1909, two-­time murderer Garry Barrett was executed at the Alberta Penitentiary, a federal prison in Canada. To quote the Edmonton Journal, he’d made the least of his second chance.

Barrett, an American born in Michigan, had been a farmer who lived with his wife and stepchildren in Saskatchewan. He had a fairly normal existence but was prone to bouts of severe depression. It was during one of these times, on October 16, 1907, that he flew into a rage, pointed a gun at his wife, and pulled the trigger.

The gun failed to go off.

Barrett’s stepson, Burnett, threw himself in front of his mother. Barrett pulled the trigger again. This time the gun did go off. Burnett was shot and ultimately died of his injuries.

There was little he could say for himself at his murder trial, given the evidence against him, and he was accordingly convicted and sentenced to death. However, the jury recommended mercy, and the authorities commuted his sentence to life in prison and sent him to the Alberta Penitentiary in Edmonton.

On April 15, 1909, less than a year later, Barrett was working in the prison carpentry shop when he suddenly picked up a hatchet and planted it in the skull of Deputy Warden Richard Stedman.

There seemed to be no motive for his actions, as Stedman was well­-liked and popular among the prison inmates. However, that day Barrett had asked to see a doctor and Stedman hadn’t gotten one for him.

One month and two days later, Barrett found himself again before a judge facing a murder charge. This time there would be no recommendation of mercy.

Rather than summon a professional hangman to execute the condemned man, the prison used one of its own guards. Barrett’s last words were, “Gentlemen, I am going to be hanged, but I killed the deputy warden in self­-defense. Had I not done so my flesh would now be the food for vultures.” He then began denouncing members of the Masonic Order, until his speech was cut short and the chaplain commenced with the Lord’s Prayer.

Barrett’s execution was badly botched, as the Edmonton Journal records:

It was a long, slow death. The noose wasn’t properly tied, and the knot slipped out of position when the trap was sprung. The hangman twice began to cut down the body, but both times the doctor stepped in because Barrett wasn’t yet dead. He was finally declared dead of strangulation 15 minutes later.

The guard/executioner then cut the rope into pieces and distributed it to his fellow guards as souvenirs.

Barrett’s body was claimed by his son, who buried it in Butte, Montana.

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1936: Earl Gardner

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

On this date in 1936, Earl Gardner, a “pint-sized” Apache Indian from the San Carlos Reservation in Arizona, hanged for the murders of his wife, Nancy, and baby son, Edward. Gardner had, for no apparent reason, axed them both to death the previous December.

This wasn’t his first time, either; in the 1920s he’d served seven years in prison for stabbing another man to death.

He tried to plead guilty to Nancy and Edward’s murders, but the judge refused to let him in spite of Gardner’s preference that the government should “take a good rope and get it over with.” Better to “die like an Apache” than die a little every day in prison, he said. With his heart never in his own defense, it’s no surprise he was convicted; appeals filed by his attorney proceeded against Gardner’s wishes, and without success.

R. Michael Wilson records in Legal Executions After Statehood in Arizona, Colorado, Nevada and Utah: A Comprehensive Registry:

Finding a gallows was difficult as the state of Arizona was using the gas chamber exclusively for executions, so U.S. Marshal Ben J. McKinney improvised a gallows using an old rock crusher from the Coolidge Dam project. The crusher had been abandoned within a deep gorge on the Indian reservation. A rope was strung from a crossbeam and a hole cut in the floor for the trapdoor. After there were rumors of an Indian uprising McKinney deputized a force of men and armed them to prevent any interference, and they guarded the gallows for days before the execution date.

As he stood on the contraption’s trapdoor before forty-two witnesses, Gardner was asked if he had anything to say. “Well, I’ll be glad to get it over with,” was all he could come up with. It took longer to get it over with than anyone could have anticipated. A witness recalled:

Earl went to the gallows without apparent concern and died a ghastly death. I was crouched in a corner of the crusher on a pile of gravel and damn near went through the trap after him. Earl’s shoulder struck the side of the trap and broke his fall. He hung at the end of the rope gasping … until Maricopa County Sheriff Lon Jordan, a giant of a man, stepped down through the trap and put his weight on Earl’s shoulder to tighten the noose and shut off his breathing.

When the trap sprung at 5:06 a.m., the noose slipped around to the front of Gardner’s throat, causing him to fall off-center and hit the side of the opening. His head snapped backwards but his neck didn’t break and he thrashed around for over half an hour. It wasn’t until 5:39 that his heart ceased to beat.

Earl Gardner’s death was the last legal hanging in Arizona.

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1890: Edward Gallagher, “none of your damned business!”

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On this date in 1890, thrashing in panicked resistance, Edward Gallagher hanged in Vancouver, Wash.

Louis Mar, an aged and solitary farmer who was known to carry large sums of cash on him, had been found in November 1889 shot dead outside his home — which had also been ransacked but to little effect. (Thousands of dollars were discovered tucked into the house’s nooks and crannies that the assailant(s) had overlooked.) A discarded scrap of a newspaper proved to match the edition Gallagher himself was carrying when detained lurking around the Mar place a few days later.

1890 was the year that America’s the western frontier officially closed, but the grueling life in its Cascade Mountain vestiges in the 1880s had taken a toll on the Chicago-born murderer. The Portland Oregonian (July 6, 1890) noted that he “is 24 years old, but looks to be over 30.” On top of that, he nearly burned to death awaiting trial in jail when Vancouver’s courthouse went up in flames in February of 1890.

Gallagher might very well have been non compos mentis, and it is not a mark in favor of his sanity that he elected to defend himself by agreeing that he pulled the trigger, but arguing that it had been done in self-defense … while on Mar’s land … and prior to burgling Mar’s house … with a mystery accomplice whom he refused to name.

As much as the circumstances implied a cold-blooded killing, Gallagher’s erratic behavior, disjointed nonsense story of the crime, and inexplicable confidence in his pardon all struck many observers as the mark of a genuinely unbalanced man.

“Gallagher does not seem to comprehend his fate,” the Oregonian puzzled. “One would be in a quandary to decide whether he was insane or lacked brains to comprehend the enormity of his crime.”

He maintained that incomprehension all the way to the gallows platform. As a fascinating 2013 retrospective in the Vancouver Columbian described it,

didn’t believe he would die that day — despite the bloodthirsty crowd before him, the $225 spent on his execution, the lawmen flanking his left and right.

Instead, with a “slickly idiotic smile,” he apologized to the audience for his appearance and promised he would do better next time. He said “the soldiers” would save him.

Reality struck when his hands were bound. For three maniacal minutes, Gallagher swung his arms and kicked violently, knocking over the sheriff and his helpers. Seven men finally subdued him.

The death warrant was read, a black hood pulled over Gallagher’s head and the noose tightened. Sheriff [M.J.] Fleming, who was paid $50 for the deed, gave the condemned man one more chance to confess to killing and robbing Lewis Marr, an old farmer found dead on his land in the Lower Cascades area of Skamania County.

“Did you kill that man, or did you not? Now, answer,” the sheriff said, according to newspaper accounts.

From beneath the black hood, Gallagher sneered his last words: “None of your damned business.”

His egregious death was witnessed by 200 official ticket-holding invitees, but the wooden stockade nominally enclosing the gallows was easily peered through or over … so another 500 people outside the stockade also peeped on the de facto public execution.

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1584: Francis Throckmorton, plotter

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Francis Throckmorton (Throgmorton), was executed at Tyburn on this date in 1584 for his plot to make Mary, Queen of Scots the Queen of England, too.

The son of a prominent Warwickshire family — his father’s monumental tomb still adorns the church at Coughton, while London’s Throgmorton Street is named for our guy’s uncle Nicholas — Francis was a staunch Catholic who as a 20-something man on the make did a continental tour where he huddled with papist exiles cogitating how to win England back for the faith.

Naturally many a plot centered on the Catholic Queen of Scotland Mary, who as Henry VIII’s great-niece stood well within the scope of consanguinity necessary to rule England with legitimacy. (Mary’s son James VI of Scotland and James I of England would do justice that.)

On his return to London in 1583, the subtle agents of Elizabeth’s spymaster Francis Walsingham sniffed out his project to establish a line of communication from Mary to the Duke of Guise who contemplated a pro-Mary invasion.

“I have seen as resolute men as Throckmorton stoop, notwithstanding the great shew he hath made of a Roman resolution,” Walsingham prophesied of the obdurate young man whose fidelity to his project was to be tested by torture in the Tower. “I suppose the grief of the last torture will suffice, without anye extremity of racking, to make him more comformable than he hath hitherto showed himself.”

Indeed Throckmorton did succumb.

The ensuing bust-up of his plot forms a station on Queen Mary’s own path to Calvary: the treasonable design empowered Walsingham successfully to impel creation of the Bond of Association, a sort of legal pledge to execute anyone who attempted to usurp Elizabeth. That “bond” was called in two years later by Mary’s connection to the Babington Plot, leading directly to the Scots queen’s own trial and execution.

* Throckmorton’s plot also resulted in the expulsion of Spanish ambassador Bernardino de Mendoza, an energetic spy for the Catholics’ overseas allies.

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1861: Robert Thomas Palin, under Ordinance 17 Victoria Number 7

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On this date in 1861,* Western Australia’s Ordinance 17 Victoria Number 7 claimed its one and only victim.

Implemented early in Western Australia’s convict era as the influx of criminals made existing settlers jumpy, this law made a wide variety of violent but non-fatal crimes potentially subject to the death penalty when committed by an escaped fugitive.

Robert Thomas Palin was a newcomer to Australia, having debarked from a convict ship only in January 1860. Despite his burglary conviction back in the mother country, he was an exemplary prisoner and earned his ticket of leave (a sort of limited furlough). He even kept a house in Fremantle and took lodgers.

In May 1861, he threw every away every bit of good will and more by burgling another Fremantle home. A Mrs. Susan Harding awoke in the moonlight to find this invader looming over her bed — and he greeted her in that classic of convict argot, “Your money or your life.”

Mrs. Harding didn’t have any — in the words of her testimony on July 3:**

He repeatedly told me to “hush.” He took hold of me by the arm and pulled my hair about, and then pulled the bed clothes down, and felt about the bed. I was afraid he was about to commit some assault — he touched my night dress, not to move it, and then I got so dreadfully alarmed, that I jumped out of bed on the opposite side of the bed. I went to my looking-glass drawer, and took out a watch and chain, which I handed him, and prayed him to leave me.

Palin did so.

Although terrifying for Susan Harding, the encounter did not result in any injury; as Palin’s boot-prints were easily followed back to his own house, even her watch and chain were recovered. To send this offender to the gallows seemed like a punishment out of the wrong century, as Perth’s Inquirer and Commercial News editorialized (June 10):

Burglary attended with violence, however brutal that violence might be, so long as it did not result fatally, is not punished with death in the United Kingdom.

… What was the violence on this occasion? Catching hold of the arm of the principal witness; and it does not appear from the evidence that even the grasp was violent, nor was it necessary to be so according to the acceptation of the meaning of the word laid down for us. It was propounded by the Chief Justice that, strictly speaking, merely laying a hand upon a person, under such circumstances, constituted violence. Is this truly the spirit of the law? …

Palin might have taken everything in that house, yet he would not have been hung. He might have threatened with the presumed pistol, have gesticulated, have stormed and terrified the occupant of the chamber almost to the verge of insanity, and yet he would not have been hung, but he touched her arm, and death is the penalty. There is something horrible in this. But there is something more fearful still when we further look into the matter and find that had he committed any enormity, even to the shedding of blood, he could not have had awarded to him a more extreme measure of punishment. …

[It is our] fervent hope that never again may the pages of our Colonial History be inscribed with so terrible a record; that never again will it be our province to allude to an event of so dreadful a character as that which has lately passed away.

The fervent hope was realized. In the only other case where Ordinance 17 Victoria Number 7 was used to secure a death penalty for an ordinarily non-capital crime, the sentence was commuted.

* As of this writing, Wikipedia avers July 6. References from 1861 newspapers make it clear that this is erroneous. (example, another).

** Yes, that’s six days before the execution occurred.

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1911: Daniel “Nealy” Duncan, posthumous pardon candidate

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On this date in 1911, still professing his innocence, Daniel “Nealy” Duncan hanged in the county jail at Charleston, South Carolina.

“Short, thick set and very black,”* Duncan was, at length, arrested for the murder of a King Street tailor named Max Lubelsky. Poor Mr. Lubelsky had been discovered on June 21, 1910 as he lay dying of a fractured skull — the bloody cudgel rudely enhanced with a nail abandoned beside its victim was the only clue, besides someone in the neighborhood who thought they noticed “a negro, dressed in a blue suit, wearing a derby hat”** who left the store around the time of the midday attack. The attacker’s purpose was robbery.

With very little to go on, police “rounded up a number of characters” and, the papers forthrightly reported, gave these black men “the ‘third degree'”: that is, tortured them.

Granting that we find ourselves at this moment at the nadir of race relations in the Jim Crow south, these officers conceived themselves acting in good faith, torture and all. They were not utterly indiscriminate; several of the beaten-up suspects were able to produce an alibi and were duly released with their newly acquired welts. But in the absence of a witness (or knuckle-assisted self-incrimination) they had little to work with.

And so the assailant remained a mystery.

There matters still stood on July 8 when the widow Mrs. Lubelsky came racing out of her late husband’s store with blood streaming down her own face, crying murder at the top of her lungs.

To take up the narration reported in the next day’s edition of The State,

Just then a negro emerged and two men, Isaac Goodman and Moses Needle, who were passing, gave chase of the negro. He was caught a few blocks distant and promptly turned over to Police Officer Stanley and Detective Levy, who had also taken up the chase. Protesting his innocence and declaring that another negro had attempted to kill the woman, Daniels was taken to the station house amidst great excitement and the patrol wagon did not roll off any too soon from the excited neighborhood …

The State has given us an incriminating narration, but if we begin from our suspect’s denial it is not too difficult to conceive the scene otherwise — a bystander swept into the chaos as the panicked Mrs. Lubelsky barges out of her shop, the sudden attention of a crowd which the newsman gives us to understand was wound up enough for a lynching. You’d run, too.

The traumatized Mrs. Lubelsky insisted that it was Duncan who attacked her; this is one of the few pieces of palpable evidence we have in the case, though eyewitness error is a frequent factor in wrongful convictions. She would have glimpsed her assailant for a moment, dashed out of the store in a panic, then a fleeing man was chased down and hauled back to her — perfect cues for her memory to fix this man with all sincerity as the picture of her assailant.

And whatever the cliche about criminals returning to the scenes of their crimes, few are bold enough to repeat a literally identical attack days apart. It was basically just by analogy that the July 8 assault was held to place Duncan at the scene of the murder 17 days before; the vague description of the blue-suited man who might or might not have had anything to do with the murder could have fit Duncan or numerous other people. A local black man said that Duncan had been in the area on the day Max Lubelsky was killed, which would scarcely rise to the level of circumstantial even were one to discount the possible confirmation bias (or police pressure) introduced by Duncan’s arrest.

One would like to think (forlorn hope!) that a jury in 2015 would demand better than this to stretch a man’s neck … but in Charleston in 1910, it was enough to surpass reasonable doubt.†


The State, Oct. 8, 1910.

Duncan’s insistence on innocence was passed down in his own family and in the Mother Emanuel African Methodist Episcopal Church whose congregation the hanged man once belonged to. In these halls, he is widely understood to have been an innocent man and this conclusion has not wanted for latter-day advocates.‡

The case surfaced to the broader public recently, with a push around the centennial of Duncan’s hanging to have him posthumously exonerated. The measure failed on a 3-3 vote in 19112011.

Left: Dead Weight, a historical novel based on the Duncan case; right: Charleston’s Trial, a nonfiction account.

Duncan was the last person hanged in Charleston, but not the last in South Carolina; there was a double execution in December of 1911 before the Palmetto state adopted electrocution beginning in 1912.

* The State (Columbia, S.C.), June 11, 1911.

** The State, June 22, 1911.

† The supernaturally inclined took notice from the August 1911 hurricane that devastated Charleston as a portend of Duncan’s innocence — and nicknamed it “the Duncan storm”.

‡ 2010-2011 media accounts indicated that the victim’s descendants did not share such confidence in Duncan’s innocence.

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1752: Thomas Wilford, the first hanged under the Murder Act of 1751

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On this date in 1752,* Thomas Wilford hanged at Tyburn — the first person executed under the Murder Act of 1751.

Approved the previous year but just come into effect on the first of June of 1752, the Murder Act proposed “that some further terror and peculiar mark of infamy be added to the punishment of death” for homicides.**

Since even shoplifting could get you hanged at this period, actually killing someone required an extra twist on the punishment. Parliament killed two birds with one stone here by also addressing the country’s need for anatomical corpses, requiring that the bodies of hanged murderers be delivered “to the hall of the Surgeons Company” where it “shall be dissected and anatomized by the said Surgeons.”†

Wilford presented the surgeons a one-armed specimen with questionable impulse control. As a teenager, he met a prostitute named Sarah Williams in their shared workhouse, and married her, but the honeymoon did not last long. Four days later, his bride stayed out late and to his queries admitted having gone “to the Park” — whereupon Wilford grabbed a knife and slashed her neck so deep as to nearly decapitate her.

“He had no sooner committed the horrid deed than he threw down the knife, opened the chamber door, and was going downstairs when a woman, who lodged in an adjacent room, asked who was there; to which Wilford replied: ‘It is me. I have murdered my poor wife, whom I loved as dearly as my own life,'” quoth the Newgate calendar.

A simple and pathetic crime with an easy disposition for the judiciary. The Newgate Ordinary’s account has a few more details. As specified, his remains were indeed turned over for anatomization.

Another provision of the Murder Act: a death sentence for murder is to “be executed according to law, on the day next but one after sentence passed, unless the same shall happen to be the Lord’s day, commonly called Sunday.” Wilford was condemned on a Tuesday and hanged on Thursday morning; however, the predominant practice moving forward would be to issue such sentences on Fridays in order to give the doomed an extra day to prepare themselves.‡

* Thursday, July 2 was the Julian calendar date of Wilford’s hanging. Our norm has been to prefer the local date (Gregorian or Julian, depending on the country) prior to England’s changeover in 1752 — and then generally to prefer the Gregorian date thereafter. (We’ve made a few exceptions.)

England spent the first eight months of 1752 on the Julian calendar, then transitioned to the Gregorian calendar in September of that year, so in this particular instance we’re hewing it close to the bone.

I infer that the calendar switch is probably also the reason why the Newgate Calendar incorrectly attributes Wilford’s hanging to June 22: the discrepancy between the Julian and Gregorian calendars at this point was 11 days, so a later interlocutor might have supposed that July 2 was a Gregorian date that wanted subtraction. It was a confusing, 355-day leap year for Old Blighty, complete with a new New Year’s Day, so if that’s the explanation I’m inclined to give the author a mulligan for making an unnecessary date adjustment and then miscounting the number of days to adjust.

** The Act’s preamble claims that the “horrid crime of murder has of late been more frequently perpetrated than formerly, and particularly in and near the metropolis of this kingdom, contrary to the known humanity and natural genius of the British nation.” We lack dependable crime statistics for this period to verify this sense of parliamentarians.

† The Murder Act also empowered judges, at their discretion, to order a criminal hung in chains, like these blokes.

‡ The eleven other people — non-murderers — condemned at the same assize were not executed until July 13.

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