Category Archives: Murder

1737: Five Johns

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October 5 was a hanging-date at Tyburn in 1737.

The most self-evident oddity of this routine bulk execution was that five of the six men executed upon the occasion bore the same Christian name to the gallows, which is an even better hit rate than the classic middle name: wife-murderer John Totterdale, thief John Cotton, highway robber John Goswel, highway robber John Richardson (“indicted with John Lovell, not taken”), and highway robber John Purdey.* The sole exception was Goswel’s accomplice Robert Barrow, who “was miserably Poor and naked, and was in so very pitiful a Condition, that he declar’d he was willing rather to die than live.”

The name John dominated English christenings for centuries in a way that your latter-day Olivers, Noahs, and (quelle horreur!) Muhammads could never dare to dream. For the best part of a millennium, the post-Norman tongue thrilled to curl around this solid monosyllable by which Christ himself had flanked his movement via a beheaded forerunner and an apocalyptic evangel.

Overall, the pool of names in common usage on Blighty in centuries past was smaller and more static than today’s faddish kaleidoscope; according to Chris Laning in the 16th century “there were only about 30 to 40 common names in circulation for each gender, with perhaps another 100 or so that you would run across from time to time.” And among boys and men, the name “John” towered above all others.

A study of funerary brasses from 1107 to 1600 suggests that something like a staggering 30% of males might have carried this name; a study from the Agincourt Honor Roll agrees, its list concentrated to about one-third for Johns, a second third for Williams and Thomases, and the remaining third for all other names.** While this data is well before the hanging we feature in this post, John reigned supreme from Plantagenet through to Windsor … until just a few decades ago, in fact, when it began a precipitous and continuing tumble.†

But in the 18th century, the ubiquitous John rode tall in the saddle, often robbing the other travelers as it would seem. A search of Executed Today‘s data based on the British hanging rolls kept at capitalpunishmentuk.org gives the name a better than 20% market share of the 18th century gallows. If anyone remarked all the Johns gone to Tyburn this October 5, it was a statistical certainty that they also had in mind a few kinfolk and buddies with the same moniker who would soon come in for a grim spot of ribbing.

Not so contemporary readers, particularly among the younger generation; unthinkably, the once-invincible John has in the present bleakness plummeted all the way outside the top 100 boys’ names.

* The roads were a dangerous adventure in these Bloody Code days; we have formerly noticed the lament of Horace Walpole that “one is forced to travel, even at noon, as if one was going to battle.”

** Curious that for all the bargemen, beggars, ploughmen, pages, shepherds, shopkeeps, scriveners, tinkers, archers, chandlers, M.P.s, hatters, mariners, grenadiers, bakers, day-traders, coal-heavers, fox hunters, yeoman warders, and, yes, doomed criminals to claim the name … there has been only the one King John.

† The name John has taken a similar plunge in the United States.

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1818: James Ouley

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This date’s entry arrives to us via the 1921 Indiana Magazine of History, looking back to frontier times over a century before. According to the Espy File‘s index of U.S. executions, this appears to be just the second hanging since Indiana attained statehood in 1816.

ORGANIZATION OF THE FIRST COURT

The first session of the circuit court of Crawford county convened at Mount Sterling, August 1, 1818. Hon. Davis Floyd, Judge Green, and James Glenn composed the court. Since there was no courthouse in Mount Sterling then, James Brasher let the judges use his new log house. This house was too small to accommodate all of the jurors, hence they sat around on logs in the yard.

Sheriff Daniel Weathers was present and returned the names of the following men for a grand jury: Cornelius Hall, Lazarus Stewart, Alex King, William Osborn, James Lewis, Elias Davis, Elisha Potter, Alex Barnett, William Potter, Robert Yates, Peter Peckinpaugh, William Scott, Reuben Laswell, Abraham Wiseman, George Tutter, Martin Scott, John Sturgeon, Robert Sands, Isaac Lamp, Ed Gobin, and Malachi Monk.

These men elected Cornelius Hall foreman. After due consideration the jury returned a bill against James Ouley for murder in the first degree. The evidence showed that Ouley had followed William Briley through the woods for some distance and had then shot him in the back about where his suspenders crossed.

The ball came out in his neck making a wound about 8 inches deep. Briley died almost instantly and Ouley escaped with his horse and about 75 cents in money.

Briley lived near the present town of English. He had left home with a sack of wool and was going to Corydon to get the wool carded. He was traveling on the Governor’s Old Trail which ran from Corydon to Vincennes. The exact spot where the shooting occurred cannot now be located. It happened near the top of White Oak hill in what was then Whiskey Run township.

This act occurred July 1, 1818. Some men happened by and found Briley. They started to carry him to his cabin over on Dog creek. After they had gone about two miles they decided that they would bury him there. So a grave was dug and the body was buried just as the men had found it. Briley had no person living with him and Ouley might have escaped if he had hidden the body.

The news spread rapidly and the whole community was aroused. The only evidence then against Ouley was that he had disappeared from home that same day on which the man Briley was killed and that some woman had seen him following Briley through the woods.

Jonathan Chambers and Zedekiah Lindley who were prominent men volunteered to catch Ouley. These men had no warrant for his arrest but they were experts in catching horse thieves and felt sure that they could catch Ouley if he could be found anywhere. So they traveled all over southern Indiana but did not find him. They then crossed the Ohio river near Mauckport and began hunting for him in Meade county, Kentucky. After a two weeks’ tramp they came to the town of Brandenburg and decided to give up the hunt and let him go. While stopping at the tavern one day they saw men hauling cord wood into town. From these men they learned that there was a wood cutter out in the forest who had come there from Corydon a short time before. That night Chambers and Lindley crept up and caught Ouley in his cabin. They brought him back to the old block house near Marengo and chained him to the logs in the house and guarded him day and night till the trial came off on the first day of August.

The bill returned by the grand jury read:

James Ouley late of Crawford county, a yeoman not having the fear of God before his eyes, but moved |and seduced by the spirit of the Devil on July 1, 1818, with force and arms in Whiskey Run township in and upon William Briley in the peace of God then and there being wilful and of malice a fore thought did make and against James Ouley with a certain rifle gun of the value |of $10 loaded with gun powder and a certain leaden bullet with which gun the said Ouley did shoot William Briley in the back and the ball came out in his neck making a wound about 8 inches deep from which wound Briley died almost instantly.

The trial began at once. Ouley pleaded not guilty and demanded that the county furnish him an attorney. The court appointed Henry Stephens and Harbin Moore to defend while William Thompson was appointed prosecuting attorney for that session of the court.

Daniel Weathers, the sheriff, had a large number of men present from which these men were selected for a petit jury: Elisha Lane, Constance Williams, Marcus Troelock, Joseph Beals, Andrew Troelock, David Beals, John Goldman, James Richie, William May, George Peckinpaugh, Thomas W. Cummins, and Robert Grimes. Constance Williams was selected foreman of the jury.

The trial was conducted out of doors in the woodyard. The jurors who were among the best men in the county were sworn to hear the evidence and to decide the case. After all the evidence was in and the court had instructed the jurors, the jury retired to consider the evidence. After some time the jury returned a verdict of guilty and placed his sentence at death.

The counsel for defense asked for a new trial on these grounds:

  1. That the verdict was contrary to the state law;
  2. That the evidence was not sufficient;
  3. The conduct of the jurors was not proper;
  4. That outsiders talked to the jurors during the trial;
  5. That Elisha Lane had expressed his opinion before the trial began;
  6. That one of the jurors was too much indisposed to pay the proper amount of attention that such a case demanded. The juror in question was said to have been asleep.

The court not being fully advised adjourned till the next day when it refused the defendant a new trial and asked him if he had any further reason why sentence of death should not be passed upon him. He asked the court to arrest the judgment of the jurors on these grounds:

  1. That he was a wheelright made the evidence uncertain;
  2. That the bill did not have the name of the state or county in it.

The court overruled the argument and passed this sentence upon him:

That he should be kept in the old block house in the custody of the sheriff till October 1, 1818, when he should be taken out on the same road pr on what ever new road might be laid out by that time in one half mile of Old Mount Sterling, between the hours 10 a.m. and 2 p.m. and hanged by the neck till dead.

Sheriff Weathers took the prisoner back to the block house and chained him to the logs. Men kept guard over him day and night. Yet he attempted to gnaw out. Years afterwards when the block house was torn down one could see the place where he had gnawed with his teeth on the logs of the block house.

Cornelius Hall who was a carpenter, volunteered to make the casket for Ouley. On the day of execution the coffin was put into a wagon and Ouley was chained and hauled back to Mount Sterling and hanged. He was buried in the old field near the site of the hanging. His grave was marked for a long time but now no trace of it can be found. Henry Batman who cleared the old field in 1900 said that he found a spot of clay near the road about three feet by six and thought that must have been the dirt which was thrown up from the grave. There was not much direct evidence against Ouley in the case but the jury was sure that he was guilty. So they wanted to make an example of him for the rest of the outlaws who lived in the county.

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1848: Harris Bell

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From the New York Commercial Advertiser, Oct. 3, 1848:

Honesdale, Pa., Sept. 29, 1848.

I have just returned from the execution of Harris Bell. He was the murderer of Mrs. Williams, the wife of Rev. Gershom Williams, of Scott township. She was going from her house to the Sabbath school on Sabbath morning, when, in passing through a piece of woods, she was seized by Bell for a brutal purpose and died amid her struggles.

Bell was apprehended not long after the commission of the crime, and has lain in prison in this borough about a year and two months.

I visited him in prison and was officially, and by his own request, desired to attend him to the scaffold. Although an unpleasant duty, yet how could I decline the request of a poor man under such circumstances?

Bell was nurtured of vicious parents, and cast forth upon the world destitute of education and of any religious knowledge, and was left like a wild animal, to rove abroad and pick up his food as a vagabond. He commenced an abandoned life in early years, was instructed into vice by others, and always lived in its practice. His mind, or what mind he had, was weakened by his vicious courses, and his passions were inflamed so as, at times, to defy all self control.

Twice he was imprisoned for attempts to commit the crime for which he suffered, and he was shut up some five years in the penitentiary.

While in prison here, he exhibited a diversified character, sometimes making a shrewd observation, and then a foolish speech to excite a laugh. But he had sufficient intelligence and conscience to know right from wrong, as was evinced by his concealing the evidence of the murder, and by other irrefragable proofs.

Condemned by an intelligent jury, he was sentenced by Judge Jessup to die. An application was made for his reprieve, for the purpose of having his sentence commuted to imprisonment for life by the Legislature, as the Governor in this state cannot commute a sentence though he can pardon; but this was unavailing. Governor Johnson passed through our borough a few weeks since, and visited Bell incognito, at the request of the counsel for the defence, bur mercy could not be extended to him.

He freely confessed his guilt, acknowledged his dependence on the blood of Jesus Christ to cleanse him from guilt, and seemed to feel that he had truly repented and would be saved. He was executed in the prison yard, or rather in a building without a roof prepared for the occasion, and every thing was conducted with propriety.

He was attended by two clergymen, twelve witnesses, and the various officials which the law allows. Religious services were held on the scaffold, and Bell himself addressed the spectators in an appropriate manner. At the close of a prayer by one of the attending clergymen, the scaffold dropped and Bell was suspended for about twenty minutes; and when he was taken down, life was extinct.

His body goes to the surgeons for dissection.

At Bell’s request, the Rev. Mr. Rowland will preach a funeral sermon in the Presbyterian Church on Sabbath evening. I wonder what kind of sermon it will be. It is rather singular to preach a funeral sermon for one who has been hanged, but I imagine that the preacher knows what he is about, and will at least have a crowded house.

It makes me nervous to see a man strangled to death, even though it is according to law. Yet I fully believe in the justice and expediency of capital punishment, in some cases.

Yours &c.

A SPECTATOR

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2008: Kedisaletse Tsobane

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

On this day in 2008, 49-year-old Kedisaletse Tsobane was executed in the southern African nation of Botswana for the murder of his ten-year-old daughter, Kgotso Macfallen. He was the first person to be executed under the administration of President Ian Khama.

Tsobane approached Kgotso as she was walking to school in Francistown on the morning of January 20, 2004, and offered her a lift. She hopped into his car. Later that day, passersby found the little girl’s body in the bush. She was kneeling on the ground, hanging from a tree by an electric cable.

Arrested the next day, Tsobane quickly confessed to the crime. He pleaded guilty to murder, saying,

I killed the child in an attempt to avoid liability in order to do away with my indebtedness. I was trying to do away with maintenance arrears. I killed the child by strangling it with a rope.

He was supposed to pay 40 Botswana pula, or a little less than $4 a month, but he hadn’t parted with so much as a single thebe since Kgotso’s birth. He was deep in debt and his wife had begun to complain.

Tsobane claimed that a week before the murder, Kgotso’s mother had taunted him about the debt, telling him he had to pay support for a child that wasn’t his. He said he got drunk and high on marijuana and committed the murder impulsively. Upon these mitigating circumstances Tsobane founded his case for commuting the sentence to life in prison.

The prosecution, however, produced a death certificate for Kgotso’s mother: she’d died in 2002 and couldn’t have been teasing him like he said. And the court didn’t buy Tsobane’s plea that he was too intoxicated to realize the nature and consequences of his actions. His own statement that he’d strangled Kgotso and then hanged her from a tree to make her death look like a suicide probably didn’t help his case.

The judge that sentenced Tsobane to death remarked, “In the circumstances, it is not clear why he was driven to commit the offense.” The Botswana Court of Appeal was equally puzzled by Tsobane’s motives. He could have sold his car to alleviate his financial worries, the court noted, but

He did not do so. He had, apparently, never paid any maintenance for the deceased, so even that had nothing in reality to do with her. Why then kill her, in order to get rid of his liabilities?

Whatever his reasons, Tsobane took them with him to his grave.

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1727: Three at Tyburn

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Daniel Defoe* once summarized early 18th century England’s class strata as

  1. The great, who live profusely
  2. The rich, who live plentifully
  3. The middle sort, who live well
  4. The working trades, who labour hard, but feel no want
  5. The country people, farmers, etc. who fare indifferently
  6. The poor, who fare hard
  7. The miserable, that really pinch and suffer want.

These ranks of “poor” and “miserably poor” were quite enormous in the 18th century, with something like a tenth of the population subsisting below the “breadline” even when the harvests were good.

It is arguably the struggle to control this lot that brings us that era’s notoriously aggressive “Bloody Code” of hanging laws; certainly the law flaunts its class character openly in many particular capital statutes such as the Black Acts to enforce rural enclosure and harsh laws against labor organizing.

The heaving of these great swells could not but drown a great many already struggling to keep their heads above the waves. And our visit this week to the Ordinary of Newgate brings a sad quartet of Tyburn hangings culled from that fringe of disposable young men “that really pinch and suffer want.”

Thomas Johnson, alias “Handy”

Handy’s nickname tells us something about the progress of his life, for (according to the Ordinary) in his infancy “his Right Arm and Hand had been bruis’d, so that being distorted, they decay’d and were only of the bigness of a Child’s Arm and Hand, neither had he the Use of them, having no strength and scarce any Motion in them.”

Abandoned to be succored by the Stepney parish poor relief around the age of three, Handy was considered able-bodied enough to be dropped from the rolls once he hit adolescence — and maybe the gentlemen of Stepney had a point, for Handy once set to shift for himself “turn[ed] Thief and Housebreaker … [and] made considerable proficiency, and turn’d dexterous in his Profession.” But he had a near-impossible task of finding honest work: city and country were everywhere awash in working poor ready to hire who had two good hands.

Eventually one of Handy’s misadventures caught him a sentence to convict transportation — which was yet another juridical innovation of the Hanoverian age for managing the mother country’s vast underclass. But transportation, a sort of mercantile slavery in the colonies, depended for its part on a market for the human cargo and our man’s crippled arm again militated against him. Handy would lament this again at the very gallows, where he

exclaim’d against one who Transported Felons, saying that after he had caused them to Work for him in these foreign Countries; he brought them Home to England in the same Ship which he had carried them off; and that the Reason of his returning was, because No body would Buy him, and that he must have starv’d there and that when at Home he had no way to get his Bread because he wanted his Right Hand to enable him for Work.

This act — returning from convict transportation — itself constituted a capital crime. And when arrested again, Handy confessed it, almost whimsically. He would tell the Ordinary that he was wearying of life and anticipated additional indictments, but the record of the trial suggests that he sent himself to the gallows to revenge himself on the informers who would have made evidence against him in hopes of pocketing a reward: “the Prosecutors thought to hang him for the sake of the 40 Pounds allowed by the Government, but he would baulk their Expectations, for he would be hanged for returning from Transportation according to Law.”

Samuel Hammond

In comparison to Handy, Samuel Hammond had it made.

Apprenticed to a man named Thomas Barker, Hammond had a path to Defoe’s “working trades” class (“who labour hard, but feel no want”), undone by a youth’s impulsiveness. One day when Barker chastised him — “You Blockhead you’ll break the Drill, why don’t you use the Pliers” — Barker grabbed a sword and stabbed him through the ribcage. Barker’s son arrived to find the apprentice brandishing the weapon over his fallen father, “saying to the Decesed [sic], D – n your B – d you Son of a B – h I’ll kill you; upon which then Deceased said, you have done it already.”

The Ordinary reported that Hammond was tearfully repentant and insisted even before his conviction on joining chapel services for the condemned. The only grievance he could point to against his master besides that “blockhead” burn was that he was sweet on a maid in the house whom Barker had also “corrected … for a Fault” months before. We hear this frightened young man through the Ordinary here, so one can only guess whether our surviving account elides a longer litany of domestic cruelty for the boy or the maid.

“Luckily” Samuel Hammond did not suffer the ignominy of hanging for all that: he fell grievously ill in the pestilential Newgate cells, and “after that Sentence of Death was pronounc’d upon him, he was never able to rise and go to Chappel, but lay in a high Fever, to Thursday, the 7th of September, when about 11 o’Clock at Night he expir’d.”

Henry Chaplin and Peter Boother

These housebreakers each blamed the other as well as several other confederates (one of them still at large, plus two others who had given evidence against them) as the principal authors of the robbery that did them in. Oh, sure, they were there, invading Daniel Lyver’s house — where the gang “in a violent Manner broke the Windows, burst open the Window-Shutters and the Door, took the Goods mentioned in the Indictment, and beat him [Lyver] at the same Time with much Barbarity” — but (each said) he’d been there urging all his accomplices to come away and not steal all the pewter. Each carried that eye-rolling story from trial to gallows.

Chaplin was about 27; his father had tried to teach him his trade of “Ribband-weaving” which suggests (as does his surname) that his family might have been among the Huguenot weavers who escaped France’s religious crackdown decades before. He must have been a restless sort, for instead of sweltering over a loom he joined the army around age 15, perhaps about the right timing to put down the Jacobites, and afterwards basically went adrift in London’s criminal substratum. There he led “a very vicious Life … much addicted to Drinking, Swearing, and Whoring.”

His companion in the Lyver home and at the triple tree was Peter Boother, “about 21 Years of Age, descended of honest but very poor Parents, about 14 Miles from this Town his Father having been a mean Labourer in the Country.” The Ordinary does not give us a clear picture of Boother’s path into the felonious way of life, merely that he was young, penniless, and completely uneducated; combined with Boother’s tearful susceptibility to the Ordinary’s preaching, it suggests an impressionable youth, malleable to the forces around him which happened to be those of vicious want. (Chaplin, the Ordinary noticed, “appear’d to be a Man of more Resolution than his Companion, being more compos’d and settled in his Behaviour.”)

* Defoe had a few thoughts on the death penalty, too.

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1996: Youssouf Ali, the first in independent Comoros

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

On this day in 1996, Youssouf Ali became the first person executed in the African island nation of Comoros since the country gained its independence from France in 1975.

Shortly before his trial, Comorian president Mohamed Taki Abdoulkarim had issued a statement lamenting that “our justice being too slow, it moves at the speed of a tortoise.” He vowed to make a crackdown on violent crime and to start implementing the death penalty.

Ali was first in line under the new policy.

There’s little reason to sympathize with the man: he had killed a pregnant woman, and he did it in front of multiple witnesses, leaving no doubts about his guilt.

However, it should be noted that, although Ali was entitled by Comorian law to appeal against his sentence, in 1996 the Appeals Court wasn’t functioning and didn’t even have any judges on its bench. Ali was publicly executed (by shooting) within days, and without an appeal. Amnesty International wrung its hands in response.

The death penalty is still on the books in Comoros and there are six individuals in the country currently under sentence of death, but the World Coalition Against the Death Penalty classifies it as “de facto abolitionist”. There’s an official moratorium on executions in Comoros at present, and since Ali’s death, only one other person has been executed: Said Ali Mohamed, shot for murder in May 1997. (The aforementioned execution-friendly President Abdoulkarim died in 1998.)

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1888: Alexander Goldenson, San Francisco obsessive

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Alexander Goldenson, an emigre “young, hot-tempered fellow [who] affects the style of dress adopted by the hoodlum element of the rising generation,” was hanged in San Francisco on this date in 1888 for gunning down 14-year-old Mamie Kelly, with whom he had apparently become obsessed. He went to the gallows clutching a photo of his victim — hoping he was about to join her in paradise.*

The story has a timeless quality to it: a smart but disturbed adolescent careening into sexual derangement; a young girl whose first crush became her budding stalker.

It also has a distinct 19th century throwback feel: implausibly esteemed “the first of the Hebrew race who has in this country committed the crime of murder,” Goldenson was the target of a lynching attempt — a would-be revival of a San Francisco tradition from gold rush days. When they finally noosed him under color of law 22 months after the murder, the sheriff issued too many invitations and “the capacity of the jail was overtaxed, many with tickets were unable to get in, and the crowd was one of the noisiest and most turbulent that ever thronged Broadway in front of the old jail.”

Goldenson is the subject of at least two very fine profiles already existing in this vast World Wide Web with ample primary research which we can scarcely hope to improve upon.

  • Our longtime friends at Murder by Gaslight profile “The School-girl Murder” here
  • Shades of the Departed found an intriguing artifact of the crime in an online auction and followed the threads to produce this great three-parter: Part I | Part II | Part III

* He converted to Catholicism hours before his execution, perhaps with this very object in mind. It didn’t work as far as the mortal remains went, anyway: pissed about the conversion, his Russian Jewish mother refused to release his body to the priest for a Catholic burial; and, pissed about the conversion, the Jewish cemetery wouldn’t take him either. He had to settle for the Odd Fellow’s Cemetery.

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1862: Not Finnigan, miner’s court survivee

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This entry from a diarist in Idaho’s 1860s gold rush arrives to us courtesy of Steven Tanasoca and Susan Sudduth in the Oregon Historical Quarterly of summer 1978.

Sydney-born, our observer George Harding in 1856 joined the wave of Austrlian migration to gold-strike California with his widowed mother and three younger brothers. But the family (augmented by a stepfather and an adoptive son) soon drove on to the Oregon Territory. In 1862, 19-year-old George, his brother Bill, and their stepfather Charles Murray tried their luck in the Idaho mining boom: far from prospecting, Harding made his bread by painting, carpentry, and suchlike workaday labor in the Elk City camp.

Wednesday 10th [September] Clear and fine all day. We worked all day on the fashion Saloon. A man by the name of [James] McGuire was shot through the neck this afternoon by a man named Finnigan. A most horrid murder was commited [sic] this afternoon. He was stabbed in the neck twice, cutting the jugular vein in two. He died about half an hour after. At the time of the murder, he was lying in bed supposed to be asleep. They have arrested Finnigan. Have suspicion that he committed the crime. We had a very severe frost last night. Ice was a quarter of an inch thick in the shop.

Thursday 11th Clear and fine all day. We work[ed] all day painting for Captain Maltby. The town has been in a great excitement all day. The miners came into town this morning and organised a Vigilance Committee. Finnigan has been on trial all day. The jury returned a Verdict about 10 o’clock this evening that he was guilty of Willful Murder. A great number of the miners was for hanging him right away, but after a little consideration it was decided that he should be hung at eleven o’clock tomorrow morning. We had another very heavy frost last night.

Friday 12th Clear in the morning, but got dark and cloudy in the afternoon. We worked all day for Captain Maltby. The scaffold was erected this morning about eight hundred yards from Elk City on the West side. Finnigan was brought to the scaffold about eleven o’clock under a strong guard. He was reading the prayer book all the way to it. When he got on the scaffold, he confessed that he committed the crime and stated the reasons why he had done it. He said that some time back he and the deceased had a quarrel in which the deceased had attempted to take his life with a knife and would have done it had he not been stopped by outside parties.* He said that after this he had wanted some revenge. Also, the deceased had said that he would kill him the first chance he got. Finnigan warned all young men to take warning by him to keep from drinking and gambling as it was that that had brought him on the gallows now. Finnigan took a parting leave of all his friends. The Sherif [sic] then covered his face and tied his hands behind his back and put the rope around his neck. The trap was then let go, and to the astonishment of the spectators, Finnigan fell to the ground. By some means or other the knot came untied after giving Finnigan a heavy jerk. As soon as he could speak he cried out to save him, save him. Some of the people then cried out to let him live and he was then taken back to the town, which he left this afternoon. It commenced raining this evening.

* The bad blood between these men is fleshed out a bit more — along with a more cinematic version of the gallows escape — in An Illustrated History of North Idaho. This source not unreasonably suspects that a sympathetic hand among the execution party might have rigged the noose to “by some means or other” come undone.

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1960: George Scott

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On this date in 1960, a goon went to the San Quentin gas chamber for his violent retort.

On the evening of December 30, 1958, George Albert Scott was exiting a Melrose cafe with his partner in crime Curtis Lichtenwalter, having profitably held up the joint with a sawed-off shotgun.

A Samuel Goldwyn Studio executive with very poor timing named Kenneth Savoy just happened to be walking in the door as the robbers were walking out, and Scott decided to augment their takings en passant.

“Just a minute, mister,” Scott hailed Savoy (according to this Los Angeles Times blog retrospective). “Give your wallet.”

Savoy upped the ante with a bravado that he might have regretted seconds later when Scott’s shotgun blasted him in the stomach: “I’m single and have no responsibilities — no one will miss me. If you want my wallet, you will have to shoot me first.”

This was the first casualty in the course of several Los Angeles stickups the pair had perpetrated that December. Lichtenwalter, who had no previous criminal record, bailed out of the duo’s Jesse James act after this but the parolee Scott went on to knock over a couple more places before he was cornered in a hotel with a woman named Barbara White, picturesquely described via a lax Eisenhower-era Times copyeditor as “a former woman wrestler.”

Scott made multiple suicide attempts during his death row stint, ranging from a gory throat-slashing at his sanity hearing to (according to the Associated Press wire dispatch*) three tries on the more desperate end of the spectrum on the literal eve of his execution:

First he smashed a light globe and stuffed glass in his mouth. A doctor said he was not harmed seriously.

Two hours later, guards reported, he stood on his cot and dived against the wall with his head.

Restrained, he eluded guards and began ramming his head against the cell wall.

He went to his death calmly, and with a skull-splitting headache.

* Quoted here from the Augusta (Ga.) Chronicle of September 9, 1960.

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1594: Thomas Merry and Rachel Merry, lamentable tragedie

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On this date in 1594, Thomas Merry (Merrey, Merrye) and his sister Rachel were executed at Smithfield — Thomas for the robbery-motivated bludgeon murder of their neighbor Master Beech, and (too-)loyal* Rachel as an accessory to it.

No original record of this case survives, but we have its date from a registry record of one of the numerous now-lost ballads about the case, The pitifull lamentation of Rachell Merrye, whoe suffred in Smithfield with her brother Thoms Merrye the vj of September 1594.

The one remaining artifact available for specifics, be they ever so embroidered, is a play from 1601; the date alone underscores the hold of the by-then-seven-year-old crime on public imagination.** And small wonder it was the talk of London, considering the cracking action seen in Robert Yarington’s Two lamentable tragedies:† The one, of the murther of Maister Beech a chaundler in Thames-streete, and his boye, done by Thomas Merry. The other of a young childe murthered in a wood by two ruffins, with the consent of his unckle — like this scene where brother and sister figure out how to carve up the victim. (Slightly tidied for readability.)

Enter Merry and Rachel with a bag.

Merry
What hast thou sped? have you bought the bag?

Rachel
I brother, here it is, what is’t to do?

Merry
To beate hence Beeches body in the night.

Rachel
You cannot beare so great a waight your selfe,
And ’tis no trusting of another man.

Merry
Yes well enough, as I will order it,
Ile cut him peece-meale, first his head and legs
Will be one burthen, then the mangled rest,
Will be another, which I will transport,
Beyond the water in a Ferry boate,
And throw it into Paris-garden ditch.
Fetch me the chopping-knife, and in the meane
Ile move the Fagots that do cover him.

Rachel
Oh can you finde in hart to cut and carve,
His stone colde flesh, and rob the greedy grave,
Of his disseuered blood besprinckled lims?

Merry
I mary can I fetch the chopping knife.

Rachel
This deed is worse, then when you tooke his life.

Merry
But worse, or better, now it must be so,
Better do thus, then feele a greater woe.

Rachel
Here is the knife, I cannot stay to see,
This barbarous deed of inhumanitie.

Exit Rachel

Merry begins to cut the body, and bindes the armes behinde his backe with Beeches garters, leaves out the body, covers the head and legs againe.

If we credit the play — and it’s the only source in town — poor Master Beech ended up hacked into many pieces that were secreted in various places around London as a ploy to avoid detection.

Amazingly, this gruesome and obscure drama has been staged in the 21st century, using not only the Sheakespeare-era script but the rehearsal and performance methods common at the time. There’s a site all about it, including a Tedx Talk by director Emma Whipday and her collaborator Freyja Cox Jensen. (Readers interested in the play production challenges might enjoy this pdf paper by Whipday and Jensen.)

We would be remiss on a site such as this not to spare a peep for the actual execution scene. We pick it up with Thomas Merry already standing upon the ladder with the hemp about his throat, exhorting his sister to firmness.

Merry
God strengthen me with patience to endure,
This chastisement, which I confesse too small
A punishment for this my hainous sinne:
Oh be couragious sister, fight it well,
We shall be crown’d with immortallitie.

Rachel
I will not faint, but combat manfully,
Christ is of power to helpe and strengthen me.

Officer.
I pray make hast, the hower is almost past.

Merry
I am prepar’d, oh God receive my soule,
Forgive my sinnes, for they are numberlesse,
Receive me God, for now I come to thee.

Turne of the Lather: Rachel shrinketh.

Officer
Nay shrinke not woman, have a cheerefull hart.

Rachel
I, so I do, and yet this sinfull flesh,
Will be rebellious gainst my willing spirit.
Come let me clime these steps that lead to heaven,
Although they seeme the staires of infamie!
Let me be merror to ensuing times,
And teach all sisters how they do conceale,
The wicked deeds, of brethren, or of friends,
I not repent me of my love to him,
But that thereby I have provoked God,
To heavie wrath and indignation,
Which turne away great God, for Christes sake.
Ah Harry Williams, thou wert chiefest cause,
That I do drinke of this most bitter cup,
For hadst thou opened Beeches death at first,
The boy had liv’d, and thou hadst sav’d my life:
But thou art bronded with a marke of shame,
And I forgive thee from my very soule,
Let him and me, learne all that heare of this,
To utter brothers or their maisters misse,
Conceale no murther, least it do beget,
More bloody deeds of like deformitie.
Thus God forgive my sinnes, receive my soule,
And though my dinner be of bitter death,
I hope my soule shall sup with Iesus Christ,
And see his presence everlastingly.

Dyeth.

Officer
The Lord of heaven have mercy on her soule,
And teach all other by this spectacle,
To shunne such dangers as she ran into,
By her misguided taciturnitie:
Cut downe their bodies, give hers funerall,
But let his body be conveyed hence,
To Mile-end greene, and there be hang’d in chaines.

Exeunt omnes.

* At one point in the play described in this text, Rachel Merry muses on the enormity of the crime and the likelihood of its detection — “such cruell deedes can never long be hid / Although we practice nere so cunningly.” Neveretheless, she stands by her kin: “Lo he is my brother, I will cover it, / And rather dye than have it spoken rife, / Lo where she goes, betrai’d her brothers life.”

** There’s yet another known play about the case from 1599, also lost.

† This play strangely cuts back and forth between the action in the titular two tragedies, which are the Merry crime and a fictitious murder set in Padua — the whole thing scaffolded by a chorus of narrator-allegories comprising Homicide, Avarice, and Truth. The Italian story also ends in a pair of executions.

On this day..