1944: Eliga Brinson and Willie Smith, American rapists abroad

Privates Eliga Brinson (of Tallahassee, Florida) and Willie Smith (of Birmingham, Alabama) were hanged on this date in 1944 at Shepton Mallet prison.

The two U.S. servicemen had ambushed and raped 16-year-old Dorothy Holmes in Gloucestershire that April. Tried and sentenced by the U.S. military, their hangings occurred over 100 years after Great Britain abolished the death penalty for rape.

On this day..

1966: James French, fried

On this date in 1966, James French went to the Oklahoma electric chair, clinching his spot in perpetuity on last-words listicles by cracking to the press pool, “Hey, fellas. How about this for a headline for tomorrow’s paper? French Fries!”*

French had enjoyed five years to work out this chill fare-thee-well since the calculated murder of his cellmate in 1961, back when he, French, was already serving time for murder.

It’s alleged that French committed this ruthless deed in pursuit of the mercy seat, as a form of suicide by executioner; whether this is or isn’t so he had certainly embraced the consequence by the time he presented himself to the judiciary.

“He deserved to die,” the expansive French once informed an interviewer. “And now because of what I did, I deserve to die, too. I don’t want to die. Who does? But the rules are clear: to take a life is to forfeit your own.”

It’s just that his letters imploring speedy implementation of justice could not override procedural errors in his first trial (they biased the jury by presenting French in manacles) nor his second trial (bad jury instruction by the judge) until the third time charmed in 1965.

The man could have lived a long life punning on his surname — perhaps he would have insisted on going by James Freedom as a post-9/11 America blundered into Iraq? — had he chosen to fight his death sentence, for even then the law’s French frying apparatus was grinding to a halt. Just two more executions — Aaron Mitchell and Luis Monge, both in 1967 — would take place in all the land before capital punishment went into a decade-long hiberation during which all previously existing death sentences were invalidated. French’s was the last death by electric chair until John Spenkelink in 1979 and the last ever electrocution in Oklahoma (which has used lethal injection in the modern, post-1972 era).

* His actual, and better, last words in the death chamber were by way of declining to make a final statement: “Everything’s already been said.”

On this day..

1942: Six German saboteurs

Seventy-five years ago today, six German saboteurs were electrocuted in a Washington, D.C. jail … a failed World War II operation that bequeathed its target nation a controversial legal landmark.

On June 13 of 1942 — just eight weeks before they faced the electric chair — Herbert Hans Haupt, Heinrich Heinck, Edward Kerling, Herman Neubauer, Richard Quirin and Werner Thiel, all of them German nationals who had returned to the Fatherland after previous emigration to the U.S., were dropped by U-Boats along with two other men, Ernest Peter Burger and George John Dasch, in two quartets on the eastern fringe of Long Island and the Florida coast.

“Operation Pastorius” to sabotage war industries on the U.S. mainland would never even have time to get its land legs; spied in Long Island by a Coast Guard watchman whom they clumsily attempted to bribe, the agents scattered themselves to New York and Chicago. Burger and Dasch — who for this reason were not in the end electrocuted* — had their reservations about the Third Reich to begin with and guessed after the Coast Guard encounter where this fiasco was heading. They rang up the gobsmacked FBI to shop themselves and their comrades, enabling the feds to pick up the other six men in short order.

The eventual fate of the Nazi saboteurs is no surprise, but the means to obtain it was controversial then and remains so to this day.

On a substantive level, the Germans had landed in uniform for the explicit purpose of asserting POW status were they to be apprehended immediately; this didn’t cut much ice since all had then discarded their uniforms and attempted to melt away in the U.S. Attorney General Francis Biddle successfully cited the American Revolution precedent of John Andre, whom patriots hanged as a spy after detaining him out of uniform behind their lines. That they hadn’t yet done anything yet was a bit beside the point.**

Much thornier was U.S. President Franklin Delano Roosevelt’s order to try the Germans using a seven-member military tribunal that he conjured for this purpose, and seemingly with the objective of assuring the harshest possible sentence. (Bear in mind that these events transpired only months after Pearl Harbor.) Such a commission is explicitly anticipated by the U.S. Articles of War† whose 81st and 82nd provisions the saboteurs were charged with violating:

ART. 81. RELIEVING, CORRESPONDENCE WITH, OR AIDING THE ENEMY. — Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.

ART. 82. SPIES. — Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.

However, the military commission did not seem very well in keeping with the American preference for regular jurisdictions as expressed by Ex parte Milligan, the post-Civil War decision forbidding the use of military courts anywhere that civilian courts are functioning.‡ The signal Milligan precedent formed the basis of a furious objection by Army defense lawyer (and future Secretary of War) Kenneth Royall, who fought his clients’ hopeless corner so vigorously that the doomed men signed a letter praising his efforts. (“unbiased, better than we could expect and probably risking the indignation of public opinion.”)

Already recessed for the summer, the Supreme Court hastily reconvened to cut this Gordian knot: the only forum of judicial review the case would ever receive. Its decision, Ex parte Quirin — titled after one of the defendants — spurned Royall’s Milligan claim and upheld Roosevelt’s statutory authority to determine this case for a military tribunal by a unanimous vote.

The court’s common front concealed a variety of stances on the reach of executive authority. While the whole court agreed that “Congress has explicitly provided … that military tribunals shall have jurisdiction to try offenses against the law of war in appropriate cases,” a concurring memorandum by Justice Robert H. Jackson — later famous for his role prosecuting the Nuremberg trials — proposed to carry the argument well beyond this point. Jackson claimed in a concurrence that he would eventually withdraw that “the Court’s decision of the question whether it complied with the Articles of War is uncalled for … it is well within the war powers of the President to create a non-statutory military tribunal of the sort here in question.” This was by no means the consensus of his colleagues.

The later publication of a “Soliloquy” memorandum by one such colleague, Felix Frankfurter, throws a less than dispassionate light on deliberations. Writing to smooth over internal disputes between the blackrobes, Justice Frankfurter shows himself personally hostile to the Germans — “You’ve done enough mischief already without leaving the seeds of a bitter conflict involving the President, the courts and Congress after your bodies will be rotting in lime,” he chides them in his own voice. “That disposes of you scoundrels.” In the end, the court took his advice to sidestep the potentially deep jurisdictional question.

But that question has not been left rotting in footnotes (they never are). Quirin in general and Jackson’s expansive claims of executive power in particular have been relied upon by 21st century Presidents to justify muscular and controversial innovations like the Guantanamo Bay prison and the drone war.

A few books about Operation Pastorius and Ex parte Quirin

Pierce O’Donnell, author of In Time of War: Hitler’s Terrorist Attack on America, discussed his book on C-SPAN here.

Jurisprudence is not the only artifact of the Nazi saboteurs’ failed infiltration.

Bizarrely, a tributary slab “in memory of agents of the German Abwehr” was discovered in 2006 illicitly placed on National Park Service land in southeast Washington DC, the same vicinity where the saboteurs had been secretly buried after their electrocution. There it had seemingly reposed some twenty-odd years, unknown but to its devotees … who if the stone’s carvings are to be credited must consist of the heirs of the (defunct since 1983) National Socialist White People’s Party, also known as the American Nazi Party.

* They would be condemned to death along with the rest, but Roosevelt commuted their sentences: a fine boon but far short of the outright pardons they had been promised for their cooperation. In 1948, President Truman had Burger and Dasch deported to Germany, where many saw them as traitors.

** After unsuccessfully attempting to trade Andre for Benedict Arnold, whose defection Andre had facilitated, and whom the American revolutionaries would have much preferred to Andre for a hanging.

† Enacted by Congress in 1920, these Articles of War are no longer operative in the U.S.: they were replaced by the Uniform Code of Military Justice in 1951.

‡ Haupt and Burger were also U.S. citizens, further complicating the commission’s suspension of their constitutional habeas corpus rights.

On this day..

1766: James Annin and James M’Kinzy

From the Pennsylvania Gazette, Aug. 7, 1766:

BURLINGTON (New-Jersey) August 4

At a Court of Oyer and Terminer, held at Burlington, on Wednesday, the Thirtieth Day of July last, came on the Trial of James Annin, aged 54 Years, and James M’Kinzy, aged 19 Years, on an Indictment for the Murder of two Indian Women, named Hannah and Catherine, who had long resided in the Neighbourhood of the Place where the Murder was committed.

It appeared by their own Examinations, and by the Testimony of credible Witnesses, that they had been on the Western Frontiers of Pennsylvania and Virginia, but that their first Acquaintance began in Philadelphia; that they came to Moore’s Town, in the County of Burlington, on Thursday, the 26th of June last, about Noon, and begged for Charity, and obtained Relief: That while they were eating their Dinners, the two Indians who were murdered, came to the Place where they were, and that the youngest of the Men gave them abusive Language: That the Indians went off, and rested in a Wood, near the Side of the Road: That the one of them was possessed of a clean Shift, and the other of a Piece of new Linen, which they had that Day got: That about 2 o’Clock on the same Day, James Annin sold the Shift, and James M’Kinzy the Piece of new Linen, and a Blanket, about two Miles from Moore’s Town.

That they were parted by Accident, and that many People had seen the Indians lying in View of the Road, and supposed them to be asleep, till Sunday, the 29th of June, when two Persons perceived a Stench, and on going near the Bodies, found they were dead; whereupon the Coroner was called, whose Inquest found them to be murdered by Persons unknown.

On this Alarm the two Criminals were suspected, and pursued.

James Annin was apprehended, and committed to the Goal at Burlington, and the other advertised from the Description given by Annin, and in a few Days taken up by Order of the Mayor of the City of Philadelphia, and sent to Burlington.

The Examinations of the Prisoners, taken before they had an Opportunity of seeing each other, were read, and by each Examination it appeared, that they went to the Indians with Intent to ravish them, if they should refuse their Offers; each acknowledged that he was present at the Murder, but charged the giving the Stroke on the other, and acknowledged also the taking the Goods; in this they persisted at the Bar. The Jury soon found them guilty, and they received Sentence of Death.

On Friday Noon they were hanged at the Gallows; they continued in denying the Fact, and charging it on each other. The Elder declared, he thought it a Duty to extirpate the Heathen, and just before they were turned off, M’Kinzy, the younger of the Men, acknowledged, that one of the Indians, on receiving the Blow from Annin, struggled violently, and that he, to put her out of Pain, sunk the Hatchet in her Head, but that they were both knocked down by Annin.

The youngest of the Squaws was near the Time of Delivery, and had Marks of shocking Treatment, which the most savage Nations on Earth could not have surpassed.

A few of the principal Indians of Jersey, were desired to attend the Trial and Execution, which they did, and behaved with remarkable Sobriety.

On this day..

1598: Lucas, waterboarded Guale

On this date in 1598, the indigenous Guale youth called Lucas was hanged by the Spaniards in St. Augustine, Florida, for his supposed part in the prior year’s massacre of five Franciscan missionary friars during a 1597 Guale revolt.

This entire tragic affair, documented poorly and with partiality in Spanish sources, remains an interpretive palimpsest to the few who are familiar with it. Historian J. Michael Francis grapples with it in Murder and Martyrdom in Spanish Florida: Don Juan and the Guale Uprising of 1597; a recent talk by the latter at the U.S. Library of Congress delves into the “400-year-old murder mystery”:

The key primary source for this event is Luis Jerónimo de Oré’s text The Martyrs of Florida, from approximately 1619. (Here’s a public domain English translation) The titular “Florida” as claimed by Spain in the New World colonization scramble was a much larger territory than the present-day U.S. state, peninsula, and running Internet gag; hence, the Guale territory relevant to this post lies on what is today the Georgia coast.

Ore informs us that “an Indian youth, who was a Christian and heir to the caciquedom,” was incensed when the Franciscan resident at the settlement of Tolomato presumed to disallow him a second wife.

This cacique and two other Indians, like him, given to the same immoral practice, went into the interior among the pagans, without saying anything or without obtaining permission as they were wont to do on other occasions. After a few days they returned at night with many other pagan Indians, painted and smeared with red paste, and with feathers on their heads. This among them is a sign of cruelty and slaughter.

Thus fearsomely attired, they burst upon the hut of the prudish Fray Pedro de Corpa and butchered him, setting up his head on a spear. Having done this, the angry cacique — who is known only as Juanillo, which is sometimes the name given to this rebellion — ordered other Guale to treat their nosy proselytizers likewise. As a result, four other Franciscans — Fray Miguel de Aunon and a lay brother on St. Catherine’s Island, Fray Bias Rodriguez at the mission village of Santa Clara de Tupiqui, and Fray Francisco de Verascola on Asao — were all murdered within days. A couple of other missionaries had very close escapes.


Map of the relevant part of the Georgia coast.

Besides these, a Fray Francisco de Avila was kidnapped and held hostage for ten months. Although cruelly tortured, Avila would survive captivity and produce a narrative of his own, one that Ore includes wholesale in his volume as a standalone chapter.

In the course of the ensuing Spanish raids on the Guale, the Spanish captured seven boys or young men and interrogation zeroed in on one of them: the son of the cacique of Tupiqui, who appeared as a possible participant in murdering Fray Bias Rodriguez.

Lucas was reticent on the point but after being subjected to the water torture he allowed that “he arrived in time to see Fray Bias die,” and this confession of his presence sufficed to condemn him. He was the only person judicially executed in the course of the entire revolt.

In view of said declarations of these proceedings, the crime falls upon Lucas the Indian, son of the Cacique de Tupiqui, for having been present and participated in the killing of Fray Bias, who was sent to convert the people of Tupiqui. I must condemn him by this my decree, sentenced according to his declaration, with the penalty of death. The justice which I order shall be done him is: That when he leaves the jail where he now is, it shall be with a rope around his neck, his hands tied behind him, and with a loud voice it must be proclaimed to the public his crime; that he be taken to the gallows, already prepared for this purpose, and that there he shall be hung by the neck and strangled until dead. Because, thus is it well to punish with real justice those who dare to commit such crimes, and as an example to the other Indian natives of these provinces that they may not commit similar crimes. So do I pronounce sentence and command.

And if the said Lucas is not mindful of receiving baptism and should not die repenting, and in the Catholic faith, I order that he be hung and after his death his body be burned to powder.

Gonzalo Menendez de Canco, Governor of Florida (Source)

Interpretations of the whole affair have always been driven by Ore’s narrative: either the surface reading of it, that Juanillo and company found monogamy irksome and preferred, in Ore’s words, “to give rein to their sensuality and unlawful pleasures”; or, a converse take for the era of decolonization, that the cultural interference of the Spanish empire triggered a native backlash for whom the friars were the ready-to-hand targets. In either version, the rebellion flourishes briefly but ultimately fails.

Francis in his book and the video above offers a very different reading: as a successful revolt authored by a different cacique, Don Domingo of Asao, who violently renegotiated the local balance of power** and thereby displaced the caciques of Tolomato as the paramount chiefs of the Guale. As a particularly gruesome coda, Domingo made successful obeisance to the Spanish and obtained the crown’s blessing for an expedition to destroy Juanillo, whom he blamed for the disturbance. After capturing the rebels’ last redoubt (beheading Juanillo in the process), Domingo ordered the surviving women to scalp their own men. Now that is paramount chiefdom.

Domingo appears to have maintained his preeminence among the Guale for the balance of his years — backed by and partnering with the Spanish, to the happiness of evangelizing clerics who were never more disturbed. A few years later, the Spanish even plopped down a new mission in his very own native soil … Santo Domingo de Asao.

* The Guale people are thought to have been subsumed into the Yamasee.

** View the Spanish arrivistes, who had a handful of small settlements rather than the dominating presence that their globe-straddling empire might suggest, as just “another powerful Mississippi chiefdom” to local eyes. (Source of this characterization)

On this day..

1817: Eleanor Gillespie

Two hundred years ago today, Bath County, Kentucky housewife Eleanor (sometimes spelled Ellenor) Gillespie hanged “at the forks of the road on Mt. Sterling pike” for strangling her abusive husband.

The best account we’ve found of this affair is the Gillespie family lore as related in a letter to the Bath County News-Outlook on Nov. 4, 2009.

The family version of events was that [second husband, and sheriff, John] Hawkins was a drunkard who was both physically and sexually abusive to Eleanor and her children. She couldn’t turn to “the law” for help as he was the law. She took matters into her own hands on the night in question. He was drunk and up to the usual. Luckily for little 7 yr. old Rebecca Gillespie, he passed out before he was able to abuse her. Eleanor had had enough. With the help of her son [Jacob Gillespie, aged about 14 years and therefore lightly handled by the law] they tied a rope around the man’s neck and as the family version goes, “One went one way and the other went the other way.” …

The acting sheriff after the murder was none other than the son of John Hawkins … Hawkins, Jr. is the one who quite possibly started the rumor that Hawkins was murdered over money, not wanting to real reason to get out.

It seems that Eleanor still enjoyed some public sympathy notwithstanding; local magnate George Lansdown(e) was involved in a caper to spring her from jail, perhaps owing a debt of inspiration to the cross-dressing flight of Jacobite Lord Nithsdale: Lansdown called on the jail as a visitor and there stripped himself so that Eleanor could put on his civilian men’s clothing and just stroll on out of lockup.

She just about accomplished this but a do-gooder or do-badder guard named David Fathey recognized her on the way out and arrested her; evidently our disrobed rescuer was counting on some look-the-other-wayism via what must have been a sentiment widely abroad in the community, for “Lansdown was incensed at Fathey for not permitting her to escape; a fight ensued and Fathey whipped Lansdown.”

On this day..

1888: Two in New Jersey, by father and son hangmen

This morning in 1888, two different locales in the U.S. state of New Jersey put two different men to death — respectively hanged by James Van Hise pere and fils, father and son executioners.

George Kearney

(From the New York Herald, July 19, 1888)

In the heart of New Jersey’s great apple whiskey district is Freehold, the drowsy, ancient town where George Richard Kearney was neatly hanged yesterday for the murder of gray haired Mrs. Margaret Purcell, the housekeeper of Mrs. Daniel R. Lyddy, at Elberon, in February.

It is an old fashioned place, and its people are both picturesque and peculiar. Nowhere in New Jersey are the old prejudices and notions cherished as they are in Freehold. The leading newspaper has been going for over three-quarters of a century, and has a circulation of twelve hundred.

But even the fierce heat of journalism has failed to reform or mould New Jersey human nature into modern ideas.

One of the keen features of Freehold philosophy is that a dollar is a dollar. It stares you in the face at every step you take. The genuine native sucks it in with his mother’s milk.

But the last place you would expect to hear that a dollar is a dollar is the cell of a condemned murderer spending his last night on earth.

And yet on Tuesday night men stood in the little brick jail in the rear of the Freehold Court House intriguing to make a few dollars out of the murderer’s agony of mind. The main idea was to get Kearney to confess so that the confession could be peddled for money to the newspapers.

No reporters were allowed to get near him lest the marketable value of the expected confession might be impaired. The most subtle methods were employed to work the negro up to the point of disgorging. He was fed on peaches and coddled. Then he was plied with questions, charged with trying to keep the secret and urged to make all the facts known.

As the night wore on there was a great deal of winking and whispering. Kearney had been worked up, they said, and could not hold out much longer. There was big money in it, perhaps a thousand dollars. So the whispers said. The newspapers would pay high to get a confession.

Every time a reporter appeared to be curious about the chances of a confession the intriguers received a nervous shock. A thrill of horror went through them when it was learned that the HERALD had asked the telegraph operator to hold his wire until midnight. Perhaps some reporter might slyly get hold of the confession. They were such oily, keen eyed fellows, these reporters.

TRYING TO WORK KEARNEY UP.

Kearney held out doggedly. He was innocent of the Purcell murder, he said, and he could not understand why they were so persistent. Even his Bible reading was rudely disturbed by the confession hunters.

The slightest evidence of emotion caused a flutter. When he was seen to weep there was great joy and excitement. Surely he would reveal marketable matter now.

So, while the black browed wretch tried in vain to forget his approaching doom the high toned officials schemed to make a few dollars.

All this was the result of a confession which Kearney made a short time ago, when he acknowledged that he was guilty of an assault upon Miss Angelina Herbert at Eatontown, for which poor old Mingo Jack was cruelly lynched. Under Sheriff Fields, who has charge of the jail, was left out in the cold. Either Prosecutor Haight or Assistant Prosecutor Schwartz sold the text of the confession to a New York newspaper. He divided with no one. Under Sheriff Fields and his father, the Sheriff and all the constables and turnkeys were blazing mad about it according to what the townspeople say. Fabulous stories were told about the amount paid by the New York newspaper for the confession. Some said it was $1,000 and some said it was $100.

Anyhow, the price of Kearney confessions went up. A person who was supposed to have secret means of influencing the murderer to talk was followed about like a man with a straight tip on a race course. A dollar is a dollar, you know. He was treated and flattered. The general impression in Freehold was that to have a one-half interest in genuine Kearney confession was equal to retiring from active business on a comfortable income.

The HERALD reporter who went to witness the hanging had not been in Freehold an hour before he was asked by two different persons for the exclusive use of the last confession of the condemned man. He was sure to break down, they said. Things were being made hot for him.

Later on the reporter learned that Under Sheriff Fields was in a fever of anxiety lest the confession might escape him. He regarded it as a sort of perquisite. One of the death watch officers was pulling a quiet wire to outwit his chief and capture the confession himself.

And Kearney turned the plots all upside down by going to bed without breathing a word of confession, except the private statement he made to Lawyer Johnston.

New York Herald, July 18, 1888:

PREPARING FOR THE GALLOWS.

Hardly had the sun reddened the east yesterday when the murderer got out of bed and dressed himself. He went to the door of his cell and talked with Constable Fleming. When he mentioned his wife he cried heartily. Then he sat down and read the Bible. Now and then some favored person was permitted by the Sheriff to enter the jail corridor and look at the prisoner.

Meanwhile groups of farmers began to assemble in the rear of the Court House, outside of the enclosure where the new scaffold stood. Lawyer Johnston shook hands and chatted with Undertaker Barkalow, who was to bury his client. Men, women and children lingered in front of the jail. The main street put on a busy, metropolitan aspect. All the saloons did a rushing trade.

Then Hangman Van Hise arrived.

He was the hero of the hour. The fact that he was to hang Kearney while his hopeful son was hanging Ebert in Jersey City made him a person of great importance. All the folks in the street smiled and said “How air you?” when he passed. Van Hise is a short man, with a deep chest and heavy shoulders. His features are blunt and coarse. He wears a large red mustache and there is a cold, steady light in his small gray eyes. In appearance he is an ideal hangman.

KEARNEY GETS RELIGION.

While Van Hise was rigging the rope on the scaffold the colored clergymen arrived.

They were Rev. J. Giles Mowbray, of Freehold; the Rev. T.T. Webster, of Fair Haven, and the Rev. Littleton Sturgis, of Asbury Park.

The ministers were admitted to the corridor and Kearney was led out of his cell. He wore a rough white shirt, with a rolling collar, and gray-brown shabby trowsers.

He was a stoutly built man, with a large head, powerful, hairy jaws and thick neck. His smile was snaky and unpleasant to look at. This man of nature had confessed to two horrible outrages upon white women, but denied the last attempt at the same crime which resulted in murder. Brutality and sensuality were stamped plainly upon his dark countenance. He showed the whites of his eyes and his hands trembled as he met the clergymen.

All three kneeled in the corridor and prayed aloud. Their prayers were disturbed again and again by the amateur constables who were having new clubs with red cords served out to them and banged the clubs against every object within reach. The hammering at the gallows also drowned the sound of the prayers.

Kearney knew what the hammering meant. Once he put his hands over his ears.

When the prayers wee done the Rev. Mr. Mowbray poured out some wine and broke bread. He then read the communion service and gave the sacrament to the murderer. Finally he asked Kearney to pick out the religious service he wanted at the scaffold. He sent into his cell for a Bible. Turning over the leaves rapidly he put his black thumb on the eighty-sixth psalm at the words: —

O God, the proud are risen against me and the assemblies of violent men have sought after men soul.

“I want you to read that?” he said horasely.

Kearney next asked that the hymn sung at the gallows should be “Take the name of Jesus with you.” He read over the verse: —

Oh, the precious name of Jesus!
How it thrills our souls with joy
When his loving arms receive us
And his songs our tongues employ!

One or two of the jail officials who looked on at a distance suspected that Kearney was making a confession, and they suffered sharp anguish as they saw a turnkey creep up close enough to hear. If the confession got out it could not be peddled. The officials panted and perspired. Suddenly Kearney leaped up and threw his hands wildly into the air.

“Glory! glory! glory!” he screamed. “I long for the end now. Jesus is mine. I’ve had trials and tribulations here, but there are none above. Glory to God! Glory! Let the end come. Let it come! Glory!”

“MY BLOOD WILL BE UPON THEM.”

His face was convulsed with emotion and tears ran from his eyes. The cries which he uttered could be heard outside of the jail.

When he sat down the clergyman asked him if he wished to relieve his bosom from any secret connected with the crime. He passionately declared his innocence and turning to Mr. Mowbray, said: —

If they hang me they will be taking the life of an innocent man. My blood will be upon them. I had nothing to do with the murder of Mrs. Purcell.

As the clergyman retired Kearney said to a constable that his confession that it was he and not Mingo Jack who assaulted Miss Herbert at Eatontown was true.

“Mingo Jack was innocent,” he said. “They can believe what they please, but I did it. I told the truth in my confession.”

By this time there was a great crowd in front of the jail. Men, women and children pressed against each other in the vain attempt to hear or see some thing.

An old colored woman kept kneeling at the door on the sidewalk and praying in a low voice. A constable drove her away. There was a drove of constables in the flower garden at the jail. Among them was Clay Wooley, who came near having Stanford Potter hanged for the Hamilton murder at Long Branch. Mayor Brown, of Long Branch, passed in to see the execution. The Sheriff was half crazy settling disputes as to who should see Kearney die.

A lot of boys climbed into tree tops which commanded a view of the gallows. Constables drove them away. Up in the tower of the big Court House rows of fingers at the green slats of the belfry showed where a small army of peepers was concealed.

Chief Haggerty, of the New Jersey Detective Bureau, was hid behind a curtain in the window of the jail hospital. The glare of his diamond pin almost revealed him. Nothing was left undone to evade the law, which declares that not more than thirty-eight specified persons shall witness an execution.

Out in the jail yard a reporter who could not gain admittance to the fatal enclosure sat under a cherry tree in a corner half asleep. In a window opposite to him the female prisoners were crowded.

WALKING TO THE GALLOWS.

At last the side door of the jail was thrown open and the death procession appeared.

First came the Sheriff, and after him the prisoner supporter on either side by the Rev. Mr. Mowbray and the Rev. Mr. Webster. The jailer, a reporter, several jurors, S.B. Hinsdale, the official stenographer in the case, and a posse of constables brought up the rear. Kearney walked with a firm step and showed no signs of fear.

His arms were lashed behind hi by means of straps. The black cap falling back from his face like a cowl and the trailing end of the noose around his neck gave him a horrible appearance. As the ghastly figure passed the corridor the female prisoners gasped and shuddered. The murderer was led into the little rough enclosure where the jurors and others were waiting. As the hangman attached the noose to the rope Kearney smiled in the old surly way.

“If you want to say anything, say it to the Sheriff,” said Van Hise.

“I’ve nothing to say.”

The Rev. Mr. Webster started to pray, when the murderer frowned and told him that he wanted no delay. Van Hise at once pulled the black cap over his face.

“Goodby,” said the negro.

“Goodby, George,” groaned the clergyman.

DEATH WITHOUT A STRUGGLE.

The Sheriff signalled to Van Hise, who pressed his foot on a spring at the side of the gallows. The trigger released weights amounting to 650 pounds, which hung over a nine foot pit in the ground. Instantly the body of Kearney was whipped up from the ground. The rope doubled and his head came within two feet of the crossbeam. The body descended with a terrific jar and swung gently to and fro.

It was seen at once that the knot had slipped from the left ear around to the back of the neck and everybody thought there would be a horrible scene of strangulation. The body hung motionless. There was not the slightest motion to show that Kearney was alive.

About a minute after the spring was touched the shoulders and chest moved slightly, but it was merely the usual muscular spasms. The two doctors who were present decided to allow the body to hang for half an hour, after which it was cut down and put in a coffin. The shoes were cut from the dead man’s feet and there was a general scramble for pieces of shoestrings as mementos. Van Hise declared that Kearney’s neck was broken. He was delighted over a telegram from his hopeful son announcing that the hanging in Jersey City was a success.

“He’s a promising young man,” he said. “It’s the first time I have left him alone on a job.”

NO GRAVE FOR KEARNEY.

As none of Kearney’s relatives turned up the Coroner decided to bury the body at the county’s expense. Both the colored cemetery and the white cemetery authorities refused to allow the remains to be buried in their grounds. The Coroner suggested that the coffin might be stood on end in the narrow pit into which the gallows weights dropped and covered over. This ideas was rejected.

“I don’t know where I am to get a grave,” said the Coroner distractedly, after the execution. “I have an idea that I can bury the corpse at any crossroads. It would serve the town right if I buried it on the crossing of the two main streets. I’ll bury it anyhow, even if I have to dig a grave on my own farm. I offered $5 for a grave in a field near the cemetery, but the owner wouldn’t have it.”

The crime for which Kearney was hanged was committed on February 13, 1888. He was coachman for Mrs. Daniel R. Lyddy, and attempted to outrage Mrs. Purcell, the housekeeper. The old woman resisted and he beat her and threw her down a cellar stairs. She was horribly mutilated, but lived for a month afterward. She identified Kearney and made a dying declaration of the circumstances of the crime.

Henry Ebert

(via Augustine E. Costello)

EXECUTION OF EBERT. — On July 18, 1888, in the Hudson County Jail, Henry Conrad Ebert, paid with his life the penalty for the murder of his wife, Elizabeth. The fatal deed was committed on Sunday, November 27th, 1887, and at no time has there been any doubt of Ebert’s guilt.

Ebert dressed himself for the last few steps he was to walk on earth as late as possible, and lingered over the process to an unusual degree. It was not until 9.55 o’clock that Deputy Sheriff Mersheimer informed Sheriff Davis that Ebert had finished his toilet. The particulars that follow, of the hanging, are taken from the daily press:

Precisely at 10 o’clock, six strokes of the Court House bell clanged upon the air. The sound was expected, but caused cold chills to run over those who heard them. How the knell must have affected the doomed man can be better imagined than described.

Sheriff Davis read the list of witnesses, and they formed in double column. The procession passed through the Court House park and entered the jail. They reached the fatal corridor at 10 o’clock.

Sheriff Davis and Deputies Mersheimer and McPhillips left the corridor and went up stairs for the law’s victim. The two faithful clergymen were with Ebert and their presence had a bracing effect. The death warrant was read and then Ebert’s arms were pinioned behind him at the elbows. The deadly noose was adjusted and the black cap placed upon Ebert’s head. All was now ready for the death march.

Sheriff Davis led the way and was followed down the narrow stairs by the two ministers. Next came the murderer with Deputy Mersheimer supporting him at the left elbow and McPhillips at the right. They reached the entrance to the corridor at 10:10 o’clock.

Ebert’s face was deadly pale as he crossed the fatal threshold and caught sight of the grim gallows at the end. His right eye was gone, and the reddened socket seemed to heighten the pallor of his cheeks. [a result of shooting himself after shooting his wife -ed.] He never faltered.

A few short steps brought him beneath the beam. Van Hise Jr. guided him to the cruciform chalk marks upon the floor. The centre point was directly in line with the pendent rope. Ebert’s legs were quickly fastened with straps. A silence that could be felt, prevailed, broken only by the pulsations of the water pipe keeping time to the strokes of the pumping engine at High Service.

Dr. Meury’s voice broke the stillness as the black cap was drawn down, to forever shut out daylight from the murderer’s sight. He prayed earnestly, and as follows:

O, most merciful God, who according to the multitude of thy mercies, dost so put away the sins of those who truly repent, that thou rememberedst them no more; open thine eye of mercy upon this, thy servant, who most earnestly desireth pardon, and forgiveness. Renew in him whatsoever hath been decayed by the fraud and the malice of the devil, or by his own carnal will and frailness, consider his contrition, accept his tears, assuage his pain, as shall seem to thee most expedient for him, and for as much as he putteth his full trust only in thy mercy, impute not unto him his former sins, but strengthen him with thy blessed spirit, and if it be in accordance with thy will. When he shall have departed hence, take him unto thy favor through the merits of thy beloved son our Lord Christ Jesus, to whom with the Father and Holy Spirit shall be all the glory. Amen.

As the “amen” was uttered there was a pause. Then Sheriff Davis signalled to Van Hise, who pressed the gallows treadle. Ebert’s body sprang into the air at 10:13 o’clock.

His neck was not broken, and a horrible sight followed. The knot slipped from its proper place behind the left ear, and was jerked around to the middle of the left jaw. Fully one-quarter of the dying man’s face was exposed as he strangled to death. His hands were bare and turned purple as the oxygen was gradually cut off from his lungs. The forearms raised until the clenched hands repeatedly rested upon his breast.

The lower limbs were forcibly contracted. His feet seemed to reach out for a resting place in vain. The sight appalled most of the witnesses. Many of them turned their heads aside. Dr. Heifer, of Hoboken, said he would not be surprised if Ebert lived for thirty minutes.

At 10:17½ o’clock the weight was raised sufficiently to lower the body until the feet almost touched the floor. The doctors and the newspaper men gathered around the pendant body. The head of the corpse was a few inches higher than the head of the bystanders, and the doctors took turns in noting the condition of the heart.

At 10:20 o’clock the heart rate was 84; at 10:22 it had fallen to 80; at 10:23 it was 60, and at 10:26 the pulsations were inaudible even with a stethoscope. At 10:33 the body was lowered, and Coroner Brackner and his assistants took possession of it. The body was removed to Speer’s Morgue, where an autopsy was held.

Ebert ate dinner with his usual relish, and a short time afterward, Keeper Eltringham asked him if he would like to be shaved. Ebert said he would, and Chris. Munzing, the Newark avenue barber, was called in. When Ebert sat down to be shaved, the keeper said, “You will have to be handcuffed before he begins.” “What for?” said Ebert; “there is no need of that.” “It is the Sheriff’s order,” said the keeper. “Then I won’t be shaved at all,” said Ebert resolutely, and he was not.

Sheriff Davis and the executioner visited the corridor and examined the gallows, and the afternoon passed for the prisoner without incident. He frequently went to the window and looked out at the crowd of curious people who hung over the iron fence. A number of them were his former neighbors, but he did not recognize any of them.

About five o’clock, Rev. Mr. Meury reached the jail. He was accompanied by Rev. John Staehli of Jersey City, who had been selected as his assistant by the spiritual adviser.

Mr. Meury had intended to go to Trenton with Ebert’s brother and counsel to present the petition signed by over 150 residents of the Fourth district, asking for a commutation of sentence, but he was unable to go. As soon as he learned of the unsuccessful result of the appeal to the Court of Pardons, Mr. Meury started for the jail. He went up to Ebert’s cell and broke the news to him. Ebert bore up well, showing outwardly but little change. The faithful pastor then tried to induce Ebert to make a clean breast of the crime, the prisoner with only a few hours between him and eternity, still adhered to his original statement which all the known facts disprove. Mr. Meury came down from the cell about half-past five o’clock, and just at that time Ebert’s brother called at the jail and asked permission to go in and see the condemned man. It did not take Jailer Birdsall a minute to make up his mind, although it was a very trying moment. He directed Keeper Eltringham to refuse him admittance. Young Ebert walked back to the gate and catching sight of his brother at the window of his cell he made a dumb show to let him understand that he had been refused admission. The crowd around the fence pressed in but the young man was too much excited to pay any attention to them. He returned to the door and asked for Mr. Meury. When he saw him he urged him to get permission for him to go in the gallery at the head of the stairs where he could see his brother and call good by to him. Mr. Meury urged Jailer Birdsall to grant this request, but was firmly refused, “I am satisfied,” said Mr. Birdsall; “that my reasons for refusing are good. It will only make a scene and Ebert has already said that he don’t want to see anybody. I don’t think it will be safe to allow them to come together, and I will not take the responsibility. If the Sheriff will come with him and take him in I will not offer any objection.”

Mr. Meury and young Ebert went to the Sheriff’s office, but did not find the Sheriff. The deputy in charge of his office talked to Ebert and convinced him that it would be useless to search for the Sheriff, as the prisoner was in the custody of the Jailer. Young Ebert hung around the vicinity of the jail for a good while. talking to all he knew about the affair.

The Jailer was right, however, for he did not want to run any risks, and the young man’s erratic actions on former visits were enough to inspire any jailer with extra caution.

After the brother had gone a committee from the Council of Red Men called to see Ebert. They were not allowed to do so. They were very much affected by the condition in which they found him, and said that he had been suspended about six months before the murder. They said, “If he had only let us know about his condition or his trouble with his wife we would have gladly helped him; but we only knew that he had fallen behind, and he was dropped under the rule.” They were affected to tears when they talked with the pastor.

Keepers Hanley and Hanlon and Constable Carroll kept watch by turns over Ebert during the afternoon and evening. About eight o’clock Ebert wanted his supper. He ate a hearty meal sent from Jailor Birdsall’s table. There is a peculiar feature about a murderer’s last two or three weeks. Humanity and custom have made it a rule that condemned men, while awaiting execution, shall be fed on a more liberal plan than ordinary prisoners, yet there are no funds for this, and the jailor has to provide it at his own expense. Ebert had had pretty much anything he liked to order for the two weeks previously, and he thought more about his next meal than he did about the next world. After he ate his supper he chatted with Keeper Eltringham about the Order of Red Men, the different processes of making beer and wine in Germany, and when the keeper was changed he spoke to keeper Hanlon about his service in the Prussian artillery service. He said he enlisted when he was seventeen years old, and served until he was twenty-one, and that while doing garrison duty he learned to play the zither and the trombone in the band. He was quite chatty and frequently laughed. He smoked a pipe after supper, and smoked a cigar which Mr. Meury gave him. He was not allowed to have any cigars except those given by the jailer and Mr. Meury, for fear that some dangerous weapon or poison might have been concealed in the cigar. The police drove the crowd away from the front of the jail, and the place was kept pretty clear all night. Pastor Meury went home for a short time about 9 o’clock, promising to return at 11 o’clock. There were few callers except the newspaper men during the evening, but all the principal papers were represented between dark and midnight.

Ebert went to sleep at 11:15 o’clock and slept soundly.

Rev. Mr. Meury, with Rev. Mr. Staehle returned to the jail at 2 o’clock, and went up in about an hour. They found Ebert still sleeping.

Ebert had requested Mr. Meury to admininister the Communion during the day, but when Ebert persisted in refusing to make a confession, the minister would not administer the rite.

At midnight the jail was closed. The heavy iron shutters closed out the sights and sounds of the outer world. No sounds were heard inside of the building. Groups of newspaper men occupied every available space for writing and the night passed quietly. Ebert became restless as morning drew near, and the flies annoyed him by lighting on the wounded eye.

The twittering of the sparrows about 4 o’clock gave the first notice of the coming dawn, and daylight followed very suddenly. The wagons followed and the day’s work began, the sights and sounds of busy life began to come into the jail, still Ebert slept on as unconcerned as if he had no interest in the proceedings.

Rev. Mr. Meury accompanied by Mr. Staehle, went up at four o’clock. They found Ebert awake waiting for them. He greeted them cheerfully and told them that he had slept very well. Mr. Meury asked him if he had anything further to say, and he said, yes. Then Dr. Meury took out a memorandum book and wrote down the statement in German, of which the following is a translation:

I forgive all who have sinned against me. If I killed my wife in a fit of insanity I regret it from the bottom of my heart, as I would never have killed her had I been in a healthy state of mind. I pray God to forgive me, and hope to meet my wife in heaven. I thank the jailor, my pastor, and all who have been so kind to me while I have been here.

The two ministers then examined him as to his spiritual condition, and at his request they decided to administer the sacred communion. They took up the wine and bread at five o’clock.

The Counsel of Henry Ebert were not from the start all sanguine of saving him from the gallows. The verdict reached by the jury was no surprise to them, as their expectations never went beyond a sort of a forlorn hope that the circumstances attending the shooting of Mrs. Ebert by her husband might lead the jury to bring a verdict of murder in the second degree. When that slender prop was swept away it was manifest to them that their application for a writ of error would be denied because they had nothing sufficiently tangible upon which to base any assurance of procuring a new trial for the unfortunate man. Counselor Wm. D. Daly, who through a creditable sense of his duty towards the murderer, fought to the last for him, spent days striving to discover something that might avail Ebert before the Court of Pardons, but as he admitted sorrowfully after returning from that court, his efforts were discouraging, and he was not disappointed that they were unavailing. The main point upon which the lawyers made a plea for clemency for Ebert, was the fact that the killing was the result of a mutual prearranged plan to die together, and to this end the following letter was brought to the attention of the Court of Pardons:

We are being persecuted by the Groeschel family. Fred Groeschel, his wife, and Dorett List, the mother of my wife, have been accepting as true everything which my wife has said during her insanity, and for this reason now they are persecuting me, running me down wherever they can. They are trying to persuade my wife that they may alienate her affections from me. These people, do not know what true love is. They do not know that a true German woman will cling to her husband, even though he should become bad. I, however, was not and am not bad. These people, through their behavior, have made me sick, confused my brain and made me despondent of the love of humanity. My wife dies of her own free will, and has begged me a hundred times to shoot her. I could not do it and would not do it. I am, however, at the present time, in such a frame of mind, that I should like to shoot myself. Should my wife hear this, however, she would be unredeemably lost, and it is better therefore, that we die together. It is my wife’s own wish that we die together, and I do it. I become a murderer in order to make my wife happy.

(Signed) Henry Ebert.

When all hope was gone, Rev. Mr Meury showed these documents to Ebert, and he admitted that they were in his handwriting. The letter was written by him before he left home on the day of the murder. It was intended that it should account to the public for the projected suicide of himself and his wife. It was found wrapped up in a newspaper among Ebert’s effects, which were turned over to his brother by Warden George O. Osborne when the former left the City Hospital. Ebert’s brother did not discover it until after the trial, and then, believing it to be of great importance, he gave it to Mr. Daly, who had him translate it. While it offered proof that mutual suicide was contemplated, in the eyes of the law it did not in the slightest degree mitigate his crime. But it proves beyond all possible doubt that Ebert’s published statement was false, and was made for effect only. It was convincing circumstantial evidence that he meant to kill both himself and wife that ill-fated day. It was quite probable, judging from their wanderings in New York on the day, he having a loaded revolver in his possession, that he or they were merely seeking a favorable opportunity to end their wretched existence. The letter brushed away whatever doubt there might be of his suicidal and murderous intentions, and fixed his responsibility for the fatal crime.

Among Ebert’s effects at the hospital was also found the following:

Tallahassa Council No. 22, F. O R. M.:

“Bury me as a brother and give the balance to our Elsa.”

This is understood to have reference to the money which was to be paid by the Council at Ebert’s death.

Many of the early workers who left their homes on the hill in the morning, paused as they passed, to gaze up at the grim front of the County Jail, where the condemned man awaited his doom. They pointed out Ebert’s window to each other and talked over his fate until the two Third precinct policemen ordered them to move on. At the foot of the hill, three long cattle trains could be seen on the elevated freight roads waiting a chance to reach the abattoir. The lowing of the bovine victims, as they halted upon their unconscious journey to death reminded many of Ebert’s fate, that was coming with equal certainty and even greater speed.

The sun arose, bright and clear, and promised a perfect day. All who felt its influence rejoiced except the man who was to be cut off in the bloom of health and manly vigor. Beneath his window could be heard the juvenile voices of newsboys as they cheerily hawked their stocks of morning papers.

As the hours sped along the crowds in front of the jail, while constantly changing, increased steadily in numbers. Nothing whatever could be seen and little more learned of what was going on inside the building. There was a peculiar morbid fascination about the spot, however, that proved irresistible to many.

The throng of spectators about the jail became more and more dense, and at 8:30 o’clock the end of Oakland avenue, opposite the jail, and the sidewalk of Newark avenue, were practically blockaded. This state of affairs continued until 9 o’clock, when a detail of about 60 police made their appearance. Chief Murphy was in command, with Inspector Lange and Captain Newton, of the Third precinct, to assist him. The crowds were cleared away in short order, and no one outside of those holding proper credentials were then allowed to pass the lines until all was over. A lot of boys who had gained points of supposed vantage close to the windows of the jail office, were particularly sore at being driven off.

When Ebert’s brother applied for admission to the jail, and was persistently refused by Jailor Birdsall, a good many people were inclined to think that it was unnecessarily severe, but the Jailor had good reasons.

About two weeks before, in searching Ebert the keeper found a small package of strychnine sewed into the buckle band of his vest. It was carefully removed and preserved.

When Ebert’s brother was allowed to call on him he handed him a segar. Ebert in taking it did not notice quickly enough that there was something else in the hand that extended the segar. He made motion to cover his blunder, and the motion slight as it was, attracted attention. The segar was tendered while the brothers were parting and as soon as the younger one was out of the room the prisoner was seized and stripped. The keeper found a small package of strychnine in his pocket and upon comparing the package with the other one seized before, it was found that the wrapper was a piece of the same paper in which the first one was wrapped. This proved that young Ebert had smuggled the first package into the jail, After that he could not get near enough to pass him any more articles.

Ebert’s lease of life had expired. His sands of life were run. The fatal noose was about his neck. The signal was given and Ebert’s soul was launched into eternity. He had expiated his awful crime. The gallows had vindicated this outraged majesty of the laws. There was one murderer less in the world. Was the sacrificial warning heeded? Alas, no! Candidates are still awaiting their turn to share a similar fate.

On this day..

1835: Ruel Blake, “often seen among negroes”

On this date in 1835, Ruel Blake hanged in Livingston as one of the white instigators of a supposed slave uprising.

Blake was an foreigner to Madison County, a Connecticut carpetbagger who (according to the vigilance committee’s proceedings) “could claim but few or none as friends” as he was “of a cold, phlegmatic temperament, with a forbidding countenance; kept himself almost aloof from white society, but was often seen among negroes” and “was noted for cold-blooded revenge, insatiable avarice, and unnatural cruelty.” He worked as a wheelwright and carpenter, and had only a single slave, Peter.

But not everyone in Livingston had it in for the guy. As the excitement first began to bubble up as June turned to July, Captain Thomas Hudnall, a wealthy plantation owner gave Ruel Blake money and a horse and sagely suggested he lay low somewhere else while the storm passed. Blake had not yet been accused by anyone, but he’d aroused the ire and seemingly the suspicion of his neighbors when his own slave was accused and Blake administered an unconvincing and pro forma flogging — “he did not wish to hurt [the slave], occasionally striking a hard lick to keep up appearances.” Eventually other white citizens forcibly relieved him of the job, and Blake had the effrontery as he saw his man being thrashed to “[rush] through the crowd to where his negro was, and swore, if he was touched another lick, they would have to whip him first,” a threat that brought him to blows with the man wielding the whip.

Hudnall rightly anticipated that his neighbors’ presumption of “mere” excess sympathy for the slave would soon take a much darker turn: Blake blew town on July 1, and with the arrival into Livingston the very next day of the fantastical slave revolt claims from nearby Beatties Bluff, a $500 reward for his capture soon went nipping at Blake’s heels. In the ensuing panicked days, Blake along with the “steam doctors” Cotton and Saunders — all strangers come to Mississippi, all of them socially marginal and noted for fraternizing with black people — came to be acclaimed as the chief white conspirators, accusations that became self-affirming as men under the lash or in fear of the gallows repeated the names, knowing from their torturers’ leading questions who was already condemned by acclamation.

Blake was captured after just a few days, in Vicksburg, where he posed as a boatman from upriver. Now Hudnall’s favor cut against him, for the flight from Livingston appeared to prove his guilt:

He arrived in Livingston on the 8th of July, under a strong escort, intimations being obtained that an attempt would be made by the clan [John Murrell’s bandits, the alleged nexus of the slave rising plot -ed.] to rescue him.

His appearance in Livingston created a most alarming excitement; and, but for the committee’s being in session, in all probability he would have been forcibly taken from the guard, and immediately executed. After arriving, he was immediately put on his trial before the committee … Every disclosure which was made [by previous interrogations] was replete with testimony against him.

After hearing all the evidence, every opportunity was given him to produce counteracting testimony, which he failed to do. There being no doubt on the minds of the committee, he was, by a unanimous vote, condemned to be hanged; and, just before leaving the committee-room, he requested the committee to give him time to settle his affairs.

On the 10th of July, in the presence of an immense concourse of people, he was executed. He privately commended the verdict of the committee, and said they could not have done otherwise than condemn him from the evidence before them, and publicly, under the gallows, made the same declaration. He protested in his innocence to the last, and said that his life was sworn away.

On this day..

1835: Vincent, by popular demand

This story is transcribed from the July 27, 1835 National Banner and Nashville Whig:

From the Clinton (Miss.) Gazette.

PUBLIC EXECUTION. — On Thursday morning last,* between the hours of 10 and 11 o’clock, VINCENT, a mulatto fellow belonging to the estate of the late Robert Bell, was hung in this place, by the citizens.

Abundant evidence of his participation in the late insurrectionary movements having been furnished the Committee of Vigilance appointed by the people of Clinton, he was sentenced to receive three hundred lashes, and to perpetual banishment from the United States, after the expiration of forty days.

On Wednesday evening, Vincent was carried out to receive his stripes; but the assembled multitude were in favor of hanging him — regarding the sentence pronounced against him as insufficient for the punishment of so enormous a crime. A vote was accordingly fairly taken, and the hanging party had it by an “overwhelming majority,” as politicians say. He was remanded to prison.

On the day of execution, a still larger crowd was assembled, and fearing that public sentiment might have changed in regard to his fate, after every thing favorable to the culprit was alleged, which could be said, the vote was taken — and his death again demanded by the people.

In pursuance of this sentiment, so unequivocally expressed, he was led to a “black-jack,” and suspended to one of its branches.

We approve entirely of the proceeding. The people have acted properly. Any man, whether he be white, yellow, or black, who lends his countenance and aid to a scheme, having for its object the burning of villages and towns, and the indiscriminate butchery of men, women and children, surely deserves an ignominious death. He who robs a solitary traveller on the high-way of a few dollars, is doomed to suffer death. How much more then, is he deserving of that punishment, who concocts and matures a deep laid conspiracy against the lives of an unoffending community?

Vincent could have made important discoveries at the gallows, but obstinately refused doing so, alleging that his own death being certain, it would profit him nothing to bring others to the same fate, and that he should inform on no one.


The Clinton lawyer named Henry Foote — who in future would become Governor of Mississippi — claimed in his memoir Casket of Reminisces that the ad hoc public votes on Vincent’s life were the product of his, Foote’s, desperate attempts to prevent the lynching at the behest of the former slave’s aged mistress.

When I rode into the town of Clinton I saw a large multitude assembled on one of the most popular streets, in front of a store in which Mr. Archibald Kenney, now in Staunton, Virginia, had some years before sold merchandize. I dismounted and went to the spot. I soon learned that the vigilance committee of that vicinage, composed of some of the best citizens of the county, had been trying a mulatto man, whom I knew very well, upon a charge of being a participant in the scheme of alleged insurrection.

A considerable quantity of powder and shot had been found in his possession, which circumstance had awakened some suspicions against him. The committee had tried him, and had sentenced him to be whipped only, and they would, indeed, have discharged him altogether, as I learned from themselves, had they not dreaded the indignant rage of the population of the town, then in a very excited condition. The committee had been unfortunate enough to sit with closed doors, which gave to the imagination of those not taking part in their proceedings a wide field for unfavorable conjecture. When the sentence was announced the outsiders determined to hang their longed-for victim at any rate; and at the time I reached the place where they were assembled the preparations for the execution of the boy were going forward. The boy had been in the ownership of a venerable gentle man of the neighborhood, Captain Bell, a Virginia friend of mine of great respectability and intelligence. He had been a great favorite with his master, who had left him free. The captain had been dead about a year, and this boy, who by-the-by was nearly white, and singularly polite and civil in his manners, had been since his master’s decease a faithful protector of his family, which consisted of his widow and a single female child. This widowed lady had reached the fearful scene some minutes before my own arrival, and had been allowed, in connection with a learned and pious minister of the Gospel, Dr. Comfort, to hold a last interview with this unfortunate boy. She came forth from this interview, attended by her pious and humane protector, and advancing within the portico where most of the multitude were located, she spoke, with a voice much agitated and almost stilled with emotion, while the tears were rapidly coursing down her venerable cheeks, as follows:

“GENTLEMEN, you all knew my husband during his life, and respected him. This poor boy was his favorite servant. I know his disposition and character well. I have just catechised him most searchingly. Had he been guilty as charged I should have been able to detect his guilt. I assure you that he is innocent. Oh! gentlemen, (she wildly exclaimed,) is there not one among you who will stand up here as the representative and champion of a poor, widowed, friendless female?” I immediately rose to my feet. I looked circumspectly upon the crowd for a moment. I saw standing just before me the grim-looking face of a man notorious for his violent and blood-thirsty character, whose name was Hardwick, and whom I soon after prosecuted for a diabolical murder, for which he would certainly have been hanged if the victim of his atrocity had been a white man. I saw a new rope in this ruffian’s hands, the texture of which he was feeling with his accursed fingers, evidently for the purpose of ascertaining whether it was strong enough to do the dread office effectually for which he had purchased it. I was conscious of all the perils which surrounded my position, and I therefore proceeded with extreme caution. I spoke thus: “Gentlemen, you have heard the touching appeal of this venerable lady. I have nothing to add to her decorous and impressive address, but I have a word to say to you of a prudential character in regard to yourselves and your own future responsibilities. The excitement now raging in this community may after awhile subside. Then it may be that some officious person shall wish to institute a prosecution for murder on account of the hanging of this boy. In my judgment it will be most safe that whatever is done in this affair shall be the act, as it were, of the whole community. I am not willing that a few generous-minded young men shall be made the scape-goats of this vicinage. Let us all join in whatever act may be resolved on. Now I will take the vote of the whole assemblage upon the question of banging, if no one sball object to it.” No objection being made, I said: “All in favor of hanging this unfortunate boy will signify the same by saying aye.” Nine-tenths answered aye. I said: “Those opposed to hanging will answer no.” About eight or ten persons said no.

I determined to make one more experiment before I gave up all hope of saving a human being from a fate so dreadful as that I saw impending. The day was intensely hot. The street on which we were located was very wide and intersected with deep gullies. I said: “Gentlemen, let us settle this question more satisfactorily: All in favor of hanging will range themselves on the opposite side of the street; those in favor of mercy will remain under the shade of this portico.” Nearly all rushed across the street! I left the spot with feelings of sorrow and disgust which no words can express. The boy was swung into eternity in less than fifteen minutes from that moment.

On my way home to dinner I met that distressed widow. She was on horseback, and stopped for a moment to speak to me. She said: “Mr. Foote, you know what has taken place to-day. You were, during the life of my venerated husband, his friend and his legal adviser. Tell me what I had best do. I wish to prosecute the murderers of my servant. Will you undertake to bring them to justice? I will reward you liberally.”

“My dear madam,” I said, “We are in the midst of most unhappy circumstances and of most appalling dangers. The community in which we live is in a frenzied condition. Were you to commence such a prosecution as you mention your own life would not be safe. Let me recommend to you earnestly to bow to the imperious necessity of the hour. “She looked at me for a moment with a mingled expression of sorrow and resentment upon her countenance, and then responded to me with a grave and touching solemnity of look I can never forget: “I will take your advice. Farewell!”

* This story was republished around the country featuring only the Gazette‘s original “Thursday morning last” locution, without any contextualizing dateline, which is another compelling reason for newsfolk to abandon the chatty day-of-week convention in favor of stating an actual date. Neither does Foote trouble to date the affair.

However, in view of the infuriatingly cavalier dating of events that this calendar-interested author is forever wrestling, Joshua Rothman‘s gumshoe act on Vincent’s hanging date in Flush Times and Fever Dreams: A Story of Capitalism and Slavery in the Age of Jackson is nothing short of a godsend. Here’s endnote 50 to chapter 7 in its gloriously diligent entirety:

Figuring the date of Vincent’s trial requires a bit of detective work and a bit of guesswork. On July 24 the Jackson Mississippian reprinted Vincent’s story as it appeared in the Clinton Gazette. July 24 was a Friday, and while no copies of the Gazette from July 1835 survive, the paper was published on Saturdays, meaning that its article about Vincent appeared in either the July 11 or July 18 edition. The original story indicates that Vincent’s execution took place on “Thursday morning last” and suggests that his trial took place the day before that. The language here is ambiguous. If the story originally appeared in the July 11 issue of the Gazette, “last” means July 9, the Thursday immediately preceding, as there was no vigilance committee in existence in Clinton on any Thursdays prior to that one. If the story originally appeared in the July 18 issue of the Gazette, “last” could mean that Vincent’s trial occurred on July 15 or on July 8, but July 8 seems more likely for several reasons. The activities of the vigilance committees all over the state, including the one in Livingston, had slowed significantly by the fifteenth. Moreover, Henry Foote claimed to have seen what happened to Vincent when he got back to Clinton the day after seeing the beating of Lee Smith. He may have been mistaken, but an entirely plausible and consistent timeline exists in which Foote saw a mob assault Lee Smith on the afternoon of July 7, arrived in Jackson that evening, accompanied William Sharkey to Clinton on the morning of July 8, and witnessed what became of Vincent in town that afternoon and early the next day. [citing] Clinton Gazette in Jackson Mississippian, July 24, 1835; Foote, Casket of Reminiscences, 256.

On this day..

1835: Dean and Donovan, white abolitionists

The planters comprising Livingston’s extralegal public safety committee had Albe Dean and Angus L. Donovan lynched on this date in 1835, during the ongoing panic at the prospect of slave rebellion.

Dean was a New England itinerant doctor, denounced by the “steam doctors” executed in Livingston on the 6th, in a desperate attempt to preserve their own lives; Donovan was a poor man from Kentucky whose name had been served up by similarly desperate slaves under torture at Beatties Bluff. Both were white, and in both cases the evidence marshaled against them largely resolved to a failure on the part of the accused to honor the color line.

The Livingston lynch committee was good enough to publish its own Proceedings by way of self-vindication, and we draw this post from its perspective on these marginal characters.

Trial of Albe Dean.

This man was a native of Ashford, Connecticut, whence he emigrated to Mississippi two years since. His general character before the disclosure of the conspiracy was not good; he was considered a lazy, indolent man, having very few pretensions to honesty. He had previously resided in the neighbourhood of Livingston, where he pretended to make a living by constructing washing-machines, until he became acquainted with Cotton, when he abandoned his business and turned steam-doctor, and went into partnership with Cotton, Saunders, & Co., and settled in Hinds county.

He was known to associate with negroes, and would often come to the owners of runaways and intercede with their masters to save them from a whipping. It was in evidence before the committee that he was seen prowling about the plantations in the neighbourhoods of Vernon, Beatie’s Bluff, and Livingston, ostensibly for the purpose of inquiring for runaway horses, which he did with great particularity — sometimes inquiring for a black, bay, gray, or other colour that suggested itself at the time. It was evident that horse-hunting was not his business, but that he was reconnoitring [sic] the country, and seeking opportunities to converse with the negroes …

Dean was arrested at the instigation of Saunders, who said he was a great rascal, and one of the conspirators. He was brought to Livingston with Saunders, on the 2d of July. On Monday, the 6th of July, he was placed on trial before the committee; but was in presence of the committee during the trial of Saunders and Cotton, and heard the whole of the testimony which went to implicate him.

It was in evidence before the committee, that, when on his way to Livingston, he had asked a witness, among other things, if some of Mr. W.P. Perkin’s negroes were not engaged in the conspiracy; and particularly if Hudnold’s Ned (a noted villain, whom he, Dean, had often endeavoured to screen from a whipping) was not concerned. He also inquired if Mr. Wm. Johnson’s Ruel Blake’s, and some other gentlemen’s negroes were not accused. He was not aware, at the time, that the very negroes about whom his inquiries were made had not only been suspected, but some of them actually hung; and, when informed Blake’s negro had been hung, he asked if he had made any disclosures about him. He was identified as one of their white accomplices by negroes accused.

And, lastly, he was accused by Dr. Cotton, who said, “Dean was one of his accomplices, and deeply engaged in the conspiracy, as a member of the Murrell clan.” After a cool and deliberate investigation of his case, he was, by a unanimous vote of the committee, found guilty of aiding and exciting the negroes to insurrection, and sentenced to be hanged.

In pursuance of the sentence, he was executed on the 8th of July, with Donovan, and died in dogged silence, neither acknowledging his guilt nor asserting his innocence.

This man requested that his name should not be given to the public, as his father was a public man, and it might lacerate the feelings of a venerated mother, who still survived. This request the committee and the writer would have scrupulously regarded, but that the name of the unfortunate man had already been made public by the officious and gratuitous information of some of the letter-writers [letters from Madison County to newspapers that were published widely in July and August -ed.], who have already given his name to the public.

Trial of A.L. Donovan, of Maysville, Ken.

After the trial of Dean, this young man was brought before the committee for examination, having been arrested on the evening of the 2d July, at Beatie’s Bluff.

His deportment, some weeks previous to his arrest, was very suspicious, from his intimacy with the negroes in the neighbourhood, being suspected at the time of trading with them, &c. His behaviour was so reprehensible as to compel the gentleman with whom he boarded to tell him, if he did not change his course he must leave his house, which he did a few days after, and went to the house of a man by the name of Moss, reputed a great scoundrel, whose name is mentioned in the report of the proceedings at Beatie’s Bluff: there Donovan remained until his arrest.

Donovan’s conduct was so very extraordinary and suspicious after he commenced boarding with Moss, as to induce the citizens of the neighbourhood to watch his movements. He was repeatedly found in the negro cabins, enjoying himself in negro society. Some persons requested him to leave the place, but he refused, alleging as a reason that he had to take care of some old keel-boats (which were entirely useless), half sunk, in Big Black river.

After the plot of the conspirators was discovered, instead of using his exertions to ferret out the ringleaders, and to assist the citizens in their efforts of detection, he would be found sneaking about the negro quarters, seeking opportunities to converse with them; and was caught at the house where the discovery of the conspiracy was made, engaged in earnest conversation with the girls who divulged the plot.

After arrests were made and examinations were going on, his conduct was such as no honest man would pursue; he would introduce himself into any company of gentlemen he would see conversing; this in itself at the time, was not noticed, as every one was desirous of finding out something to direct him in his investigations; but he would then go off and engage in conversations with Moss and his sons-in-law, who he knew, from their character, were suspected of being engaged in promoting the insurrection.

Even after several negroes were taken on suspicion, he still persisted in his attempts to converse with them, and at one time actually undertook (while the citizens were examining one) to release a negro who was tied, which negro afterward implicated him.

He was requested by the gentlemen who were examining the negroes not to come about them; they were compelled to take this step, from the fact that, when he was present, the negroes would say nothing, for the experiment was frequently tried; but when they were apprized that Donovan was not present, their disclosures were full, complete, and corresponding; the experiment was tried several times with the same success.

When he found he could not be permitted to be present at the examination of the negroes, he evinced considerable uneasiness, and kept walking to and fro, in view of the negroes under examination. The cause of his anxiety and alarm was soon explained; after his removal the negroes commenced a full detail and expose of the whole conspiracy (being at the time one or two hundred yards apart, and examined one at a time).

Among other white associates implicated by them, Donovan was said to be one of their leaders, and deeply concerned with them in the conspiracy.

After being implicated by a number of negroes at Beatie’s Bluff, the citizens thought proper to arrest him and bring him to Livingston, where the committee then organized was in session.

He was put on trial before the committee on the 7th July, and, in addition to the testimony before adduced, the following evidence was brought forward, which proved his participation in the conspiracy: —

A negro man from Beatie’s Bluff stated that Donovan was one of the white men engaged in persuading him to rebel with the rest, on the 4th of July, and that he had often solicited him to join them; Donovan said nothing was easier than for them to get their freedom; that the negroes could kill all the white people; and, if they should be pushed, that he would take them to a free state.

The confession of another negro man was in evidence before the committee, who pointed Donovan out at the time of the negro’s examination, and said, “He was to be one of their captains at Beatie’s Bluff.” It was also in evidence before the committee, that another boy, just before his execution, pointed Donovan out, when in a crowd, and said he was one of the men who persuaded him to enter into the conspiracy, and had encouraged him to go on, and get as many negroes to join as possible: other negroes implicated him.

A young man of unimpeachable character testified to the committee, in the presence of Donovan, that he and Donovan were walking through the field of his employer about the 25th or 26th May, when Donovan remarked to him that he should hate to be an overseer very much. Witness asked him why? He answered, it was such cruel work to be whipping the poor negroes, as he was obliged to do. Witness told him he never whipped only when they deserved it, and that was not often. Donovan exclaimed — “My friend, you will not have use for this long,” at the same time putting his hand on witness’s whip. Witness was a little astonished, and asked him to explain himself. Donovan, by way of explanation, remarked, the reason why he would not have use for it long was, that the negroes would soon be all free in this state. Witness replied, he knew the owners were not going to set them free, and that he (Donovan) ought to know that they could not effect their liberty by force, as they had tried it two or three times, and always failed; and that he thought they were now contented to remain in slavery.

Donovan replied warmly, in answer to his remarks, “that they could obtain their liberty by force, and that they would do it, not by themselves, but with the aid of thousands of rich, smart white men, who were ready to head them, with money, arms, and ammunition for their use.” And, before leaving the plantation, requested permission of witness to converse with the negroes, and to inform them of their rights, &c.

Of course, after the expression of such sentiments as above set forth, his request was denied, and at the same time he received a little good advice, and a threat from witness that, if he was seen on the plantation again, he might expect a “benefit” from his negro whip; and, using witness’s remark, Donovan cut out, and he had not seen him since until before the committee on his trial.

The committee were satisfied, from the evidence before them, that Donovan was an emissary of those deluded fanatics at the north — the ABOLITIONISTS. And, that while disseminating his incendiary doctrines among the negroes to create rebellion, he had found out that he was anticipated by a band of cut-throats and robbers, who were engaged in the same work, not wishing to liberate negroes, but to use them as instruments to assist them in plunder.

Being of a dissolute and abandoned character … and ripe for every rash enterprise, he joined the conspirators with the hope of receiving part of the spoils. If there had been any doubt on the minds of the committee as to his connexion with the conspirators, he would at least have been sentenced to be hanged for his attempts at diffusing among the negroes rebellious notions. On the 7th he was condemned to be hanged.

Accordingly, at twelve o’clock on the 8th of July he offered up his life on the gallows, as an expiation for his crimes. He said, from the gallows, that the committee did their duty in condemning him; that from the evidence they were compelled to do so.

Thus died an ABOLITIONIST, and let his blood be on the heads of those who sent him here.

On this day..