Category Archives: Delaware

1731: Catherine Bevan, burned alive in Delaware

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On this date in 1731, a double execution of 50-year-old Catherine Bevan and her young servant — perhaps lover — Peter Murphy was nightmarishly marred by Bevan’s burning alive.

Such was indeed the sentence upon her for “petty treason”, a now-archaic legal category that compassed the betrayal — in practice, murder — of an authority. (Compare to “high treason”, meaning the betrayal of the ultimate authority, the sovereign; the legal categories show that these offenses are analogues.) Quite often in such cases the authority in question was the man of the house, and so it was here too: Bevan and Murphy beat and throttled to death her husband, Henry Bevan. Both wife-on-husband and servant-on-master homicide qualified as petty treason.

Crucially for the American colonies, the latter category included slaves in resistance to their masters. Petty treason was an offense elevated beyond “mere” murder because it implied an attack upon the received order upon which all society depended; one expression of the heightened outrage accorded to petty treason was that women* thus convicted could be sentenced to burning, rather than “mere” hanging. This interesting Widener Law Library blog about the Bevan case notes that out of 24 documented burnings of women in early America, 22 were burnings of enslaved women. (Enslaved men were also subject to this fate for crimes particularly threatening to the stability of the Slave Power, like arson.)

Bevan was one of the two exceptions, although it must be noted that there were other prosecutions of white domestic murderesses in the colonial period that simply got the culprits hanged instead of burned. In the looser confines of the New World, the growing English reticence about sending [white] women to the stake predominated; in fact, when Delaware found itself with another spousal parricide on its hands in 1787, its legislature hurriedly amended the still-extant burning-at-the-stake statutes to provide for simple hanging instead.

One reason for the squeamishness was what happened to the widow Bevan.

It was design’d to strangle her dead before the Fire should touch her; but its first breaking out was in a stream which pointed directly upon the Rope that went round her Neck, and burnt it off instantly, so that she fell alive into the Flames, and was seen to struggle.

–Pennsylvania Gazette, September 23, 1731

* “In treasons of every kind the punishment of women is the same, and different from that of men” who in some instances could be drawn and quartered, writes Blackstone. “For, as the decency due to the sex forbids the exposing and publickly mangling their bodies, their sentence (which is to the full as terrible to the sensation as the other) is to be drawn to the gallows, and there to be burned alive.”

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1935: May Hitchens Carey and Howard Carey, mother and son

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

On this date in 1935 in Georgetown, Delaware, a mother and son were hanged for the murder of Robert Hitchens, May Carey’s brother and Howard’s uncle.

The execution of May, 52, attracted some attention as it was the first time in living memory that a woman had faced capital punishment in Delaware. The last time a woman was executed there had been in the 1860s.

On November 7, 1927, May enlisted the help of her two oldest sons, Howard, then 20, and James, 16, to murder their uncle Robert. May had taken out a $2,000 insurance policy on his life and promised to buy her boys a car if they helped her. After Robert got home from work, the three of them jumped him, beat him with a club and sledgehammer, and then finished him off with a gunshot to the head. They poured alcohol over his body and down his throat and rummaged through his belongings in an attempt to make the murder look like a robbery.

The police fell for the robbery gambit and thought Robert had been slain by bootleggers. For a long time it appeared the trio had gotten away with it.

But murder will out. The homicide went unsolved until December 1934, when May’s youngest son, Lawrence, was arrested on an unrelated charge of burglary. He told the police everything he knew about his uncle’s murder, which was enough to put his mother and brothers behind bars.

Lawrence testified against his family at the ensuing trial. (Not that his cooperation in the murder case helped with his own legal difficulties; he got seven years for the burglary.) May tried to shoulder all the blame — “I drove my children to do it. It was all my fault. They killed him but they would not have done it, if I hadn’t made them do it.”

May, James and Howard were all convicted but the jury recommended mercy for the two young men. In the end, James was sentenced to life in prison but Howard, who had sired a family of three children, got a death sentence, as did his mother.

During the time period between the trial and the time the sentence was carried out, both Howard and May turned to religion for solace and read their Bibles “cover to cover.” Their last meal was cake and ice cream.

Authorities erected the gallows behind a high fence to conceal it from prying eyes. They even stretched a piece of canvas overhead to prevent aerial photography. A single rope was used for both hangings, and May was first in line. She wore a new black dress with white ribbon around the throat. Her son was dressed in a formal suit and tie. Mary died at 5:30 a.m. and Howard followed her at 6:08.

As for James, he outlived his mother and brother by only nine years, dying in prison of natural causes at the age of 34.

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1820: William Piper, drunken matricide

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From the Boston Daily Advertiser and Repertory, April 26, 1820:

GEORGETOWN, (Del.) April 18 — This day, the awful sentence of the law was executed on William Piper, for matricide.

The following particulars were taken down by a person present at the time:

Early in the day a crowd was collected at the prison and another at the gallows. At 12 o’clock the tolling of the bell at the court-house announced the arrival of the time when the prisoner was about to bid adieu to earthly things. The anxiety of the people became very great, thousands crowding around the place where the gallows stood, and others pressing to see the criminal leave the prison.

The bell tolled ten minutes, when the sheriff entered the jail with the rope: 25 minutes past 12, the criminal appeared, and was assisted into the cart, and standing up with a horrible, frightened countenance he uttered the broken sentence, “Oh, all these people!”

The cart-horse was soon led off by the deputy sheriff, the guard forming around the cart and marching with charged bayonets; at 32 minutes past 12, the criminal was halted under the pole on which he was soon to be suspended.

The Rev. John Rogers addressed the people, and warned them against drunkenness; the crime, he said, that caused the criminal to do the act that had brought him to the gallows.

The Throne of Grace was then addressed in a very appropriate prayer by Mr. Hudson; after which the criminal spoke a few minutes to the congregation, declaring a knowledge of his sins &c.

The sheriff drew the cap over his face, and fastening [sic] the rope to the hook in the pole; at 13 minutes past one, the cart was moved off, and the criminal left hanging! A horrid consequence of drunkenness! Much might be said of the very trifling impression that was made on the minds of some rum drinkers that were present.

It might be proper to state, that the fatal deed was perpetrated in a state of intoxication, and after some quarrelling between him and his mother, and a blow on the head from her which drew blood, and after she had pushed him down over a chair, and a scuffle on the floor between Piper and his sister, who attempted to tie him, and after the sister had first seized upon the stick with which the fatal blows were given.

The only witness present at the beginning, stated that Piper when intoxicated, often threatened to kill his mother, but when sober he was as good to her as ever a child was.

Suffice to say, that he persisted to the last in solemnly declaring that he never had any malice against his mother, and that he was not sensible of having killed her.

He was 45 years of age.

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1996: William Flamer, Alito’d

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On this date in 1996, William Flamer was executed for murder in Delaware.

He’s a forgettable criminal who, with an accomplice executed 19 months before, robbed and stabbed to death Flamer’s elderly aunt and uncle.

He has his small footnote in modern American death penalty jurisprudence in a case decided by then-circuit court judge Samuel Alito, which was — er — exhumed when President George W. Bush elevated Alito to the Supreme Court.

The matter was, to all but the initiated, a fairly picayune legal issue: if the jury that imposed his sentence used an aggravating factor subsequently found to be unconstitutional, could the sentence stand with the multiple other, constitutional aggravating factors it also used?

Little compelling as the issue might sound to all but the already converted, this sort of salami-slicing goes on justices’ daily bread to make up the great hero sandwich of jurisprudence. Mmm-mmm.

Anyway, the State of the Union head-shaker held — as Flamer’s presence in this blog would suggest — against the appellant.

Pdf examinations of Flamer v. Delaware (and other Alito death penalty legal opinions) prepared around the justice’s confirmation hearing are available from the Congressional Research Service and from the Criminal Justice Legal Foundation, the latter a pro-death penalty source.

(This decision also affected fellow Delaware death row inmate Billy Bailey, whom we have just met as the last man hanged in that state. Flamer could have had that distinction for himself; he chose lethal injection instead, and died four days after Bailey hanged.)

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1996: Billy Bailey, the last American hanged

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

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

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

Billy Bailey wasn’t interested.

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

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

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

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

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

Part of the Daily Double: Throwback Executions.

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