1803: Edward Marcus Despard, a patriot without a nation

On this date in 1803, during an era ruled by an Empire’s rough assertion of security against instability abroad, Britain hung its liberal-minded former governor of Belize — along with six others — for treason.

Book CoverThis ought-to-be-memorable occasion lies half-lost in time’s shifting sands, retrieved in part only by the oddity of being the last sentence of drawing and quartering handed down in Britain. (The sentence was moderated to simple hanging and posthumous beheading.)

But there was much more to be said about Despard than his sentence. Today, Executed Today is pleased to feature Col. Edward Marcus Despard as remembered by his biographer, Mike Jay.

Guest-posted here with permission is the prologue to his The Unfortunate Colonel Despard. (A chapter on Despard’s remarkable marriage to a black woman is also available on MikeJay.net.) Following the prologue is an Executed Today interview with the author.


The day Colonel Edward Marcus Despard was executed was one of the most dramatic, and strangely forgotten, in British history. In this, as in much else, his death mirrored his life.

He was to be publicly hung, drawn and quartered for high treason, a punishment which had barely been carried out in London within living memory. Its most vivid associations were still with the Jacobite rebellions over fifty years before: the days when the British state’s greatest fear had been that a Catholic monarch might seize the throne. Those days were now long gone and, many thought, the old ceremony with them; Despard, as it turned out, would be the last person on whom the sentence would ever be passed. As specified by the Lord Chief Justice, the Colonel and his six confederates were ‘to be drawn on a hurdle to the place of execution, there to be hanged by the neck, but not until you are quite dead, then to be cut down and your bowels taken out and cast into the fire before your faces; your heads to be taken off and your bodies quartered’.

Intimations of the drama had already begun to transform the city the day before: Sunday 20 February 1803. At first light, carpenters had begun to assemble scaffold and gallows, large enough to accommodate the seven men, on the roof of Surrey County Jail in Horsemonger Lane, just south of the Thames in Southwark. The jail was a plain barracks-style building, recently constructed to replace the old prison which had been torn down in the Gordon Riots some twenty years before. The roof had been built flat for precisely this purpose, and this was the first occasion for its use. The main gates of the jail opened to admit seven plain wooden coffins.

According to contemporary witnesses, even as the preparations began, ‘vast multitudes of people immediately began to assemble’. It was noted that the throng consisted ‘chiefly of the lowest of the vulgar’, but that, unusually for a public execution, ‘a considerable number of persons of genteel appearance were observable’. The forces of law and order, too, were out in unprecedented force. Every single member of the Bow Street police patrol, the other London patrols at Queen Street, Marlborough Street and Hatton Gardens, and a ‘numerous tribe’ of petty constables from the outlying London boroughs, were placed on duty. The jail and its surrounds were emphatically staked out, surrounded by a cordon two officers deep. All ‘the public houses and other places of resort for the disaffected’ bristled with police. A detachment of mounted Horse-Guard cavalry clopped into Horsemonger Lane; all the infantry regiments in the city, at the Tower of London and Knightsbridge Barracks, were placed on the highest alert. The head keeper of the jail was issued with six sky rockets, each containing a pound of explosives, ‘to be let off as a signal to the military, in case of any disturbance’. London’s entire martial forces were instructed not to leave their posts until the danger was past.

The impending execution had dominated the news all week. The Times had led its news pages with testy dismissals of the rumours which were spreading around the city: that Despard and his confederates were being cruelly chained together, that they were being tortured for their confessions, that a last-minute reprieve was in the air. It was beginning to dawn on the authorities that the graphic medieval ritual they had scheduled might be counterproductive, inflammatory and unpredictably dangerous. The Police Magistrate of Southwark had expressed grave concerns, pointing out that the question which had been on the common people’s lips during the week was ‘When are these poor men to be murdered?’. It had been hard, apparently, even to find labourers prepared to erect the scaffold. When the warrant for the execution was issued on the morning of 20 February, it became clear that these anxieties had led to a change in the sentence. Exercising their statutory discretion, the magistrates announced: ‘we have thought fit to remit part of the sentence, viz. the taking out and burning their bowels before their faces, and dividing the body severally into four parts’. Despard would now be drawn –- to the place of execution on a carriage without wheels –- hung until dead, and then beheaded. The Observer commented with relief that ‘the cutting out of the heart of the malefactor, quartering &c is very humanely and properly to be dispensed with’.

On the day of the execution, 21 February 1803, the pace quickened long before dawn. ‘A vast number of police officers’ were soon massively outnumbered by the spectators streaming through the bitter cold and darkness. Southwark was a hard area to police at the best of times, a hinterland to the city of London proper dominated by the unedifying activities which were prohibited across the Thames. A warren of timber shacks among the marshy waste ground and garbage landfills, it had long been a teeming red light district; in recent times it had become dominated by malodorous and insanitary industries — distilleries, tanneries and vinegar mills — which were forced south of the river by City of London edicts. It also had a long history of insurrection. In 1381, Wat Tyler had led the Peasant’s Revolt through the same streets; in 1450, Jack Cade had set up camp here with his Kentish rebel army. Despard’s sentence of high treason had more powerful resonances with this period than it did with the freshly-minted nineteenth century. Most of the crowd had never seen a treason execution; now, jostling to witness one, they were passing shops selling roller-skates, umbrellas, toothbrushes, matches, alarm clocks, condoms, Twining’s Tea and Pears’ Soap. Part of the appeal of the spectacle must have been this lurid collision of the old and the new; part, also, the uncertainty on all sides as to whether the crowd had really assembled only to stand and watch. It was widely rumoured that the execution would not take place as scheduled — or, if it did, that the main event would turn out to be an entirely unscheduled one. The people of London had rioted countless times over much less — and, given the nature of Despard’s alleged crime, there were an unknown number among the crowd who might attempt to turn a riot into a full-scale revolution.

The character of execution crowds seems, as with most crowds, to have been largely in the eye of the beholder. For many, they were simply the scum of society: crude, vulgar, leering, gawping, sadistic. For others, though, they were the salt of the earth, good men and true come to witness and legitimise the exercise of state power. Despite the rough spectacle that they presented, they were often visibly civic-minded: rescuing stranded children, or crying ‘shame’ if one of their number insulted a woman. The beholder’s view of such crowds tended to reflect their attitude to public execution itself, as the most graphic and visceral demonstration of the ultimate power of the state. There were many who were already campaigning for its abolition on the grounds, as one put it, that ‘the real effect of these scenes is to torture the compassionate and harden the obdurate’. There were many more, though, who thronged to such occasions in high spirits. Their hilarity and ribaldry –- the proverbial ‘gallows humour’ – may have been heartless mockery, but it may also have been a response to the unspoken but unmissable tension between the pomp and solemnity of the occasion and ghastly reality of the act.

This tension reached its high water mark with Despard’s execution. There had been a long observed trend in Britain towards public disrespect at hangings: the victim cheered, the executioner and officials booed and mocked. But the crime of high treason placed an unprecedented focus on the legitimacy of the act a focus sharpened still further by the fact that the majority of the onlookers believed Despard to be innocent of it. He had been accused and convicted of a shocking, cold-blooded plot to overthrow the state, an accusation which he had consistently and calmly denied. Now, at the moment of the state’s cold-blooded retribution, he had a final chance to speak the case for his defence. Part of the unique appeal of executions was always that the victims, in the moments before their death, might say anything; it was often the only time that the unspeakable could be spoken in public. But if Despard chose to speak the unspeakable, it would be more than a howl of rage, a fruity obscenity or a cheeky quip. The danger he posed might yet be far from over.

The bell of St.George’s Church began tolling at five, and continued for about an hour. By the time it finished, every conceivable vantage point was packed solid. It was estimated that there were twenty thousand people jammed into the carriageway of Horsemonger Lane and spilling onto every nearby roof and patch of open ground ‘that afforded the least prospect’. It was evident, too, that this was no ordinary gallows crowd, just as it was no ordinary hanging. The packed observers were almost completely silent: ‘no tumult, no disorder appeared among the multitude … all was stillness and expectation of the approaching event’. For the massed guards and officers, this must have been considerably more unnerving than the unruly mob which they had feared. It might be an expression of uncertainty, of a crowd unsure of the tone of the event, and too diffident to break the silence. But it could equally, and perhaps more plausibly, be read as a mute but chilling sign of pre-arranged intent.

Inside Surrey County Jail, as the prison bell struck seven, Despard was invited into the chapel for a service of last rites. He politely refused the invitation, and remained in his cell. At seven thirty, his arms were bound with ropes and he was led out into the walled and enclosed prison yard. He was still a colonel, and still entitled to wear the uniform of his rank, but he appeared instead in his favourite dark greatcoat and boots, bare-headed, without wig or powder. His solicitor was waiting for him outside his cell and, manoeuvering around his ropes, he shook hands with him ‘very cordially’.

Awaiting Despard in the prison yard was a very strange sight indeed. Two horses were harnessed to a small cart which contained two trusses of clean straw, and whose floor rested directly on the ground. Behind the cart stood the Sheriff of Surrey; behind him a fully-robed priest, and behind the priest the head keeper of the jail, Mr.Ives, solemnly holding a white wand. Behind Ives stood a line of high constables, and behind them a line of duty policemen. Bringing up the rear was the executioner, holding up a drawn sword.

The quartering and dismembering had been waived, but there had never been an execution for high treason without the victim first being drawn through the streets to the scaffold. It was integral to the ceremony, but today it was out of the question. The ritual was intended to allow the people to vent their feelings towards the traitor, to abuse him and spit on him; today, though, no-one was minded to test how the ominously silent crowd outside would react if Despard was paraded among them. Apart from anything else, the packed streets made it logistically impossible. It had hastily been decided to switch the ritual to the privacy of the prison yard.

Outside the yard, the traditional gallows humour may have been conspicuously absent, but Despard himself was unable to keep a straight face at the display of furtive pomp that confronted him. ‘Ha! ha!’, he laughed, ‘what nonsensical mummery is this?’ The solemn procession was not programmed to respond. Despard was ushered into the cart, seated backwards on the straw bales and, as the dawn spread grey over the prison walls, bumped around the cobbled yard until it was deemed that the drawing had been completed. There was to be no thwarting of justice, but neither would the ancient ritual of drawing a traitor survive that morning’s embarrassment and ridicule. Despard, though powerless against it, had nevertheless passed a sentence of death on the sentence itself.

(Click to continue reading on page 2).

On this day..

1951: Albert Guay

On this date in 1951, Albert Guay was hanged in Canada for one of the earliest commercial airline attacks — bombing a Canadian Pacific Airline flight to murder his wife.

Stuck in a loveless marriage with little recourse to divorce, Guay‘s loins burned for a young mistress.

He engaged a watchmaker colleague, Généreux Ruest, to make a bomb, and the latter’s sister, Marguerite Ruest-Pitre, to air freight it on the doomed plane. Both would maintain their innocence of the plot, but after Guay’s own conviction, he implicated both — possibly in an attempt to delay his own hanging.

A time bomb in the luggage hold of this airplane took 23 lives on September 9, 1949, for which three people were executed — and inspired a copycat crime with 44 more deaths and one more execution.

Guay had intended the plane to explode over the St. Lawrence River, eliminating the forensic evidence, but a slight delay before takeoff laid the damning debris over the land. The flight’s entire complement of four crew and nineteen passengers — including three top executives of the Kennecott Utah Copper Corporation — perished.

The crime had ample media attention both north and south of the Canada-U.S. border — flight still being something of a terrifying novelty for the general public. Guay’s purchase of life insurance for his wife on the day of the trip was not especially inculpatory, but a standard procedure for air travelers.

Guay’s last words caught the irony of his celebrity: “Au moins, je meurs célèbre” (“At least I die famous”).

A few years after this day’s events, an American attempted a similar crime, with similar results.

On this day..

1463: Not François Villon

Je suis François, dont ce me poise,
Né de Paris emprès Ponthoise.
Or d’une corde d’une toise
Saura mon col que mon cul poise.*

-F. Villon, LE QUATRAIN
“Que feit Villon quand il fut jugé à mourir.”

On this day in 1463 François Villon vanished into thin air — along with his mastery for words and for mischief.

Posterity is left to write blog entries about his miraculous deliverance from the gallows; to credit him with influence on Fin de siècle poets, contemporary cinema and god knows what else; to speculate about his destiny; to explain the motives for his disreputable lifestyle (oh, why, my dear reader, are we so presumptuous?); and, well, to read his verse.

[audio:Villon_ballade_du_concours_de_Blois.mp3]

The epithets “thief” and “rogue” are de rigueur when a discourse demands an allusion to his name. The man was a villain, all right. Villon’s official criminal career started with a drunken brawl murder. He got entangled with a gang. He stole, imbibed and rollicked. He was banished, imprisoned and tortured.

One prim Scotsman, a trained lawyer and a beloved writer, wields rather harsh albeit stunningly eloquent prose to depict our pauvre Villon. To Stevenson, Villon was “the first wicked sansculotte”, a “sinister dog”, “the sorriest figure on the rolls of fame”, whose “pathos is that of a professional mendicant who should happen to be a man of genius”.

Incidentally (I hope the reader will forgive this digression given the general topicality of the issue), Stevenson, a harsh judge of Villon’s ignoble nature, says this about waterboarding:

[Villon] was put to the question by water. He who had tossed off so many cups of white Baigneux or red Beaune, now drank water through linen folds, until his bowels were flooded and his heart stood still. After so much raising of the elbow, so much outcry of fictitious thirst, here at last was enough drinking for a lifetime. Truly, of our pleasant vices, the gods make whips to scourge us …

A different take on Villon’s despicable life is voiced by another poet, Osip Mandelstam:

Villon’s sympathy to the society’s scumbags, to everything that is vile and criminal is not demonism. The nefarious company, to which he was so quickly and intimately drawn, captivated his feminine nature with great temperament and powerful rhythm of life, which he could not find elsewhere in the society.

… With odd brutality and rhythmic ardor, he depicts in his ballad [The Ballad of the Hanged], how wind swings the bodies of the wretched, to and fro, as it will … Even death he endows with dynamic qualities, and here manages to manifest his love to rhythm and movement … I think that Villon was allured not by demonism, but by the dynamics of crime …

(Mandelstam’s original is in Russian; this translation is mine)

In the autumn of 1462 François Villon was arrested. He expected to be hanged. Instead, on this date, parliament granted him a pardon and banished him from Paris (for the third time, no less).

What happened to the poor vagabond, medieval Parisian desperado, that troubadour of the rascals?

The trail goes cold — the yellowed parchments fall silent. He vanished into thin air …

* Below is a rather unsatisfactory and uncredited translation found here, which nevertheless conveys the idea:

Surname? Villon, just my luck.
Born? In Paris, near Pontoise.
You wonder what my backside weighs?
Ask my neck when they string me up.

On this day..

1827: Levi Kelley

On this date in 1827, Levi Kelley suffered the last public hanging in Cooperstown, N.Y., for the September murder of his tenant Abraham Spafard.

The front of a pamphlet covering the Kelley trial. Courtesy of the Library of the New York State Historical Association, Cooperstown, N.Y., and its collection of murder pamphlets, “Man or Monster?”

Some malignant spirit determined to reduce the man to a grim irony or object lesson seemingly attended Kelley’s every step towards the gallows. His story, according to The Story of Cooperstown, begins 10 days prior to the capital crime at another public execution.

Among the spectators at this hanging was Levi Kelley of Cooperstown, who, in order to witness the spectacle, had covered a distance of 75 miles, drawn by his favorite team of black horses, a noble span, of which he was very proud. Kelley was much depressed in spirit by the dreadful scene at the gallows, and to a friend who accompanied him on the homeward journey remarked that no one who had ever witnessed such a melancholy spectacle could ever be guilty of the crime of murder.

Undoubtedly, many killers besides Levi Kelley through the annals of time also underestimated the violence of their own temper. We do not know whether he also labored under any expectation of preferential treatment, as the nephew of Cooperstown founder Judge William Cooper — which also made him the first cousin of author James Fenimore Cooper.

But what occurred at Kelley’s hanging, to which that same team of proud black horses drew him this day, made a niche in history all his own, and made both the murderer and his executioners unwitting instruments of at least two more deaths. A local balladeer described the scene:

December on the twenty-eighth
Did Levi Kelley meet his fate;
This awful scene I now relate
Caused thousands there to fear and quake.

Though wet and rainy was the day,
The people thronged from every way;
With anxious thought each came to see
The unhappy fate of poor Kelley.

The day was come, the time drew near,
When the poor prisoner must appear;
The officers they did prepare,
And round him formed a hollow square,

That they with safety might convey
Him to the place of destiny;
The music made a solemn sound
While they marched slowly to the ground.

A scaffold was erected there,
And hundreds on it did repair,
That all thereon might plainly see
The unhappy fate of poor Kelley.

Before they bid this scene adieu,
An awful sight appeared in view.
See, hundreds with the scaffold* fall!
And some to rise no more at all

Till the great day when all shall rise,
To their great joy or sad surprise,
And hear their sentence “Doomed to Hell,”
Or, “With the saints in glory dwell.”

The wounded here in numbers lie,
And loud for help now some do cry
While others are too faint to speak,
And some in death’s cold arms asleep.

One man’s skull was crushed. Another spectator was carted away alive, but mortally injured.

Nineteenth century homo Americanus might count it a credit to pragmatism, even to consistency, that the spectacle of grisly public death was not the sort of thing to interrupt a hanging.

The fatal collapse of the spectators’ grandstand only delayed the execution by the space of time necessary to restore order. The disturbance may even have offered the condemned man some relief from his own fright in compassion for the woe beneath him.

“Who are killed and how many are injured?” the shaken man asked, surveying the wreckage from his gibbet as the noose was readied for his throat.

* The audience’s “scaffold” — not that of Kelley.

Part of the Themed Set: The Spectacle of Public Hanging in America.

On this day..

1911: Charles Justice

On this date in 1911, Charles Justice was electrocuted by the State of Ohio.

It was an ironic end, since when serving an earlier stint in the state penitentiary shortly after the electric chair was introduced, Justice had hit upon the idea of metal clamps in place of leather straps to more securely hold down the chair’s clientele and avoid burnt flesh.

The improvement, duly implemented, was there awaiting its creator.

On this day..