1783: Johanna Catharina Höhn, by Goethe’s vote

“To think is easy. To act is hard. But the hardest thing in the world is to act in accordance with your thinking.”

-Goethe

On this date in 1783, Johanna Catharina Höhn lost her head for infanticide … thanks to the vote of the man who wrote the most recognizable infanticide story in literature.

Eleven years before, then-22-year-old Johann Wolfgang von Goethe had been a firsthand witness to the trial of another infanticide who ultimately lost her head. This case very likely inspired the character Gretchen in Goethe’s best-known work, Faust.

Faust was a lifelong project for the author, but evidently the same could not be said of empathy for infanticidal mothers.

As a Privy Councilor to Carl (or Karl) August, Grand Duke of Saxe-Weimar-Eisenach, Goethe was presented with the case of Höhn, a 24-year-old unmarried servant girl who cut her newborn son’s throat.

Infanticide was an Enlightenment wedge issue touching not only evolving standards of humane criminal justice, but “as the main eighteenth-century area of conflict surrounding social repression and female sexuality.”*

Was it justice to put mothers to death for infanticide? Was it efficacious for a state to do so — given that such crimes were committed in a state of desperation that might negate deterrence, and that the offenders attracted the pity of potentially unruly scaffold mobs?

And if the executioner’s sword** was not depended upon to keep women keeping it in their britches, what social policies ought to replace it?

Infanticide and its prevention was the favorite theme of the criminologists of that time. [Christian] Rothenberger calls attention to the wide discussion of means to care for the poor, to the evil effects of luxury, and then to a “formliche Kindermordlitteratur.”† [L.W.] Seyffarth, the editor of the best edition of [Johann Heinrich] Pestalozzi‘s works, says: “The question how infanticide might be stopped was at that time a burning one.”

The great interest in infanticide can best be brought to view by the contest for a prize of 100 ducats offered by [Karl Theodor] von Dalberg, intendant of the Mannheim theater, for the best essay on the subject: “What are the best and most practicable means to eradicate infanticide without promoting prostitution?” The contest closed at Whitsuntide, 1781. The offer of the prize was published in most of the newspapers and magazines of that time and was generally accompanied by editorial comments. The editorial in August Ludwig Schlozer‘s magazine Briefwechsel is typical. “There are crimes committed among us,” the editor writes, “which are the most horrible and at the same time the most common, and among these is infanticide; crimes which are related to virtues, virtues which develop into vices, and among these too is infanticide; crimes which experience teaches are not made less frequent by increasing the severity of the punishment, while not to punish them would bring disgrace to mankind and destruction to law and order, and among these too is infanticide … How long shall we lead to the block these unfortunate girls as sacrificial victims, whose love and the natural weakness of their sex, whose adornment of innocence and modesty has made them to be mothers and murderesses?

The Duke inclined very strongly to the progressive answer gaining ground at the time, and when Hohn’s case surfaced, he put to his aides the prospect of eliminating the death penalty for infanticide and replacing it with other legal sanctions.

Those aides produced a mixed response. Goethe, perhaps the duke’s closest advisor, was ultimately in a position to exercise decisive influence on whether to adopt the duke’s proposal. (Whether it was the decisive influence is a matter of some dispute.)‡

Despite his sensitive portrayal of the fictional Gretchen/Margarete in Faust, the great writer took a distinctly retrograde stance on sparing actual flesh-and-blood women … and Goethe’s position, which he formally voted only 24 days before the execution, carried the day.

The evidence is clear that there was substantial (though not necessarily unanimous) agreement with the duke’s proposal to abolish the death penalty for infanticide.

… Without doubt, then, Goethe’s vote carried considerable weight. How could it not? He was the duke’s best friend and thus easily the most powerful member of the Council after Carl August because of his immense influence over him … [and] Goethe unquestionably cast his vote to retain the death penalty for a crime that was widely seen in his time as resulting from social injustice and harbouring wide potential for extenuating circumstances (in principle, not only in particular cases). His vote thus ran entirely counter to his depiction of the case of Margarete in Faust, in which ‘extenuating circumstances’ abound. While the question of Goethe’s guilt is a moral one that need not concern us, his part in the responsibility for retaining the death penalty for infanticide and thus also for the execution of Johanna Hohn is crystal-clear.*

A Weimar journalist called it “state murder.”

Hohn’s body was delivered to a Jena professor for anatomization.

A recent German book, Goethes Hinrichtung (Goethe’s Execution), novelizes the case.

* W. Daniel Wilson “Goether, his Duke, and Infanticide: New Documents and Reflections on a Controversial Execution,” German Life and Letters, January 2008. This volume includes the (German) text of the previously unpublished Halsgericht, a very detailed “script” for the actual execution. This volume of German Life and Letters also features a ceremonious dialogue between der Scharfrichter, the executioner, and der Richter, the judge, conveying possession of the criminal and legal direction for her punishment, which would all have been enacted in public in the doomed woman’s presence.

** Hohn was beheaded with a sword; this was itself a “mercy,” as she could have been dispatched by drowning.

† Most notably, Die Kindermörderin by Heinrich Leopold Wagner (both German links).

‡ Note that the consideration at the level of the Privy Council was formally about whether to abolish the death penalty for infanticide in general — not directly about Hohn’s case, which proceeded on a separate track. It seems to be generally agreed that Goethe and all other parties understood Hohn would live or die based on the statutory decision.

On this day..

1723: Margaret Fleck, with a fresh dempster

On this date in 1723, Margaret Fleck was hanged in Glasgow for murdering her infant child.

According to “The Last Speech and Confession of Margaret fleck who was Executed at the Howgate-Head of Glasgow on the 5th of June for the Murdering of her Own Child”* (it does what it says on the tin):

I am brought this day, and that justly, to suffer for the murder of my own child, and I doubt not but that it will be expected, and I think it most proper and my indispensable duty, that as I have sinned so heinously against God, so I should glorify him by repenting my unnatural, atrocious and bloody fact — the murder of mine own child … For which crime, and all my other sins I desire heartily to mourn, and to fly to the fountain that is opened to the House of David and the Inhabitants of Jerusalem for sin and uncleanness; and I desire to take shame and confusion of face to my self for my sins and iniquities, especially for the bad entertainment I gave to the gospel of Christ.

At the time, death sentences in Scotland had to be pronounced not only by the judges but by the dempster, a juridical office responsible for the actual execution.

Major League Baseball pitcher Ryan Dempster: would he hang Margaret Fleck?

In this case, dempster Thomas Cochran refused to join the sentence, evidently partaking in a popular discomfort with Fleck’s hanging. Nothing daunted,

their Lordships having desired the Sheriff Depute to provide another Dempster instantly, or else to do it himself, he craved their lordships might delay the same till the next day, against which time he should have one provided. Which being condescended to by their Lordships, they continued pronouncing of sentence against the said Margaret Fleck till to-morrow at nyne o’clock; with certification that if the Sheriff Depute did not provide a Dempster against that time, they would oblige him to do it himself …

The Sheriff Depute wriggled off the hook when a guy named Robert Yeats stepped up and did the Dempstering.

* As cited by Anne-Marie Kilday in “‘Monsters of the Vilest Kind’: Infanticidal Women and Attitudes to their Criminality in Eighteenth-Century Scotland,” Family & Community History, Nov. 2008.

Kilday observes that “pamphlet material relating to deviant behaviour … became popular sooner [in Scotland than in England], with publications beginning in earnest in and around 1702, nearly three quarters of a century ahead of publishers south of the Tweed. In addition, it was unquestionably infanticide (and latterly child killing in general), more than any other crime, which became the focus for the pamphlet literature produced.”

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1677: Seven at Tyburn

Many an hour can be spent enjoying the Old Bailey Online site for the forgotten criminals of a bygone age.

May 4, 1677 takes us to Restoration England for a routine hanging of seven at Tyburn, who all but come to life with just the few words of the Ordinary’s account.

One of the other Four [Margaret Spicer] was Condemned for murthering her Bastard-Childe, which she most unnaturally kill’d and hid in her bed for some days, till the same was discovered by one that came to visit her. As she denied her murthering of it at the Bar, so she persisted in that negative to Master Ordinary and other Ministers since she received Sentence, alleadging that it was Stillborn; or at least, contracted its death as soon as ever it saluted the light, by an accidental fall; However, the Law, to prevent such presences which in all Cases of that kind might be made, obliging the woman immediately after to Cry out, and she failing therein, and as ’tis shrewdly apparent by Circumstance, was the principal Author of its destruction, she was condemned to die, and this day executed at Tyburn according to Sentence.

If you didn’t report your pregnancy, the infanticide presumption went against you. We’ve seen this elsewhere.

Meanwhile, the Dine siblings of Enfield got it in the neck for mutilating a girl who had spurned one of them, quite the spiteful little affair down in the servant-quarters.

Three others, as the Crime they suffered for was the first they were known to have committed; so was it so strange and heinous, as searce ever to have been done by any body but themselves: So that we may say, They died Presidents of Punishment, for a Crime unpresidented. These were the two Brothers and Sister of Enfield, who so barbarously mangled Jane King, to whom Robert, one of the Brothers, pretended Love; but after a long acquaintance, being Fellow-Servants together, she refused to have him: whereupon his treacherous Love turned to Hatred and Malice, instigated (as ’tis supposed) chiefly thereunto by this unhappy Sister, with whom and his Brother he lays a Plot to disfigure her; maliciously and enviously designing, that because she would not accept of him, they would render her so deformed, that she her self should not be acceptable to any other person. In pursuance whereof, on the 20 February last about 8 of the clock in the evening, Robert and Jane being only up, and their aged Master in bed, somealls Robert by his name at the back-door, whimmediatley opens; and then comes in the Sister and Brother, the later of whom seizes upon Jane and holds her, while the former barbarous Furcy cuts her Eye so lamentably that she has utterly lost the use of it; mangles her Nose in a dismal manner, insomuch that two bones were taken out of it; her Tongue she flit, and almost cut off both her Lips; and also gave her a wound and two slabs in the Neck, and several slashes on the Arm, Etc. And having dispatch’d this unheard of Cruelty, left her for dead, and went home; who being gone, Robert cries cut Murther and Thieves; and Neighbours coming in, presends to be knock’s down, Etc. but in pleas’d God Jane, after three or four days, recovered herand then declared who had abused her, andully proved the same at the Sessions; whereupon they were all Condemned according to the Statute in that Case made and provided.

Yet did they all persist in the denial of the Fact, after their Condemnation, even to the day of their Death: nor would all Perswasions or Admonitions of several Ministers that came to visit them, get any acknowledgement that they had any hand in it. Though on the Sunday they carried themselves very attentively in the Chappel, and a great part of the Sermon was to perswade the necessity of Confession in order to their Souls health, yet they could not be prevailed upon; only on the Munday Margaret seemed a little unusually troubled, and delared, That she had something lay upon her Conscience, and desired she might speak with a Minister in private; whereupon a Minister was sent for, who took her aside, and hoping then she would have made an ingenuous Discovery, press’d her with all imaginable Arguments, but to no purpose: For she told him, she knew nothing of it; whereupon he as’d her, What it was she said troubled her, and lay upon her Conscience, for which she defired to speak with a Minister by her self: To which,all the answer that he could get was, That she had, when she said so, something in her head, but now she had forgot it.

[Note: lacking access to an original, I’ve erred on the side of caution in tidying up this text from the obviously squirrelly copy at the Old Bailey Online. Hopefully it’s still readable despite dicey scanning and 17th century language.]

This is an interesting case, seemingly prosecuted under the Coventry Act* against deliberate maiming — contra the claim elsewhere in these pages that this legislation did not claim a juridical victim until 1722.

* “It was the first President of Punishment on that most necessary Statute against cutting off Noses, disfiguring and maiming his Majesties Subjects … it was a premeditated act of Malice to render her deform’d and unfit for any bodies.”

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1897: Scott Jackson and Alonzo Walling, Pearl Bryan’s murderers

On this date in 1897, a remarkable scene unfolded at the double hanging of Scott Jackson and Alonzo Walling in Newport, Ky.

Jackson was described as standing erect and playing the part of an actor. Walling trembled with his eyes downcast. At that point, Jackson was again asked if he had anything to say. An eyewitness said, “Jackson hesitated fully two moments before he replied. Before he spoke, Walling turned expectantly evidently believing Jackson would speak the words that would save his life, even while he stood on the brink of death. Walling had half turned around and he stood in that position with an appealing expression on his face, while Jackson without looking at him, upturned his eyes and replied, ‘I have only this to say, that I am not guilty of the crime for which I am now compelled to pay the penalty of my life.”

Walling was then asked if he had any comments. He said, “Nothing, only that you are taking the life of an innocent man and I will call upon God to witness the truth of what I say.”

At 11:40am the trapdoors opened and Jackson and Walling were hanged.(Source)

Jackson and Walling had been convicted the previous year in separate trials — each defendant accusing the other — for the murder of Pearl Bryan, a naive Greencastle, Ind. farmgirl who had gone in search of an illegal abortion and turned up headless.

The notoriously grisly case — the decapitated body was only laboriously identified by tracing a manufacturers’ mark on her shoes back to her hometown — precipitated a nationwide media frenzy, ordinarily an ephemeral phenomenon.

But this story had more legs than your average whodunit. Years later, tourists were still seeking out Pearl Bryan sites to gawk, and paying local hucksters to eyeball murderabilia.

(As was the style at the time, the Pearl Bryan slaying also contributed a murder ballad recorded by the Library of Congress. Close-enough lyrics here.)

[audio:Ballad_of_Pearl_Bryan.mp3]

But for the last public hanging in Campbell County, the crime beat couldn’t even scratch the surface of the weirdness.

Poor Pearl Bryan’s head, you see, was never found, and the culprits adamantly refused to divulge its whereabouts, prompting rumors of satanic ritual.

This occult connection (and the unsettled nature of a case with a head still at large) attracted paranormal associations.

Bobby Mackey’s Music World, a Wilder, Ky., honky-tonk, that opened more than 80 years after Pearl Bryan’s murder, is reputed to be haunted by her spirit and those of the men hanged for her death. (The actual connection of this building/site to Pearl Bryan or her killers is speculative at best, but to judge by the stories they tell about it, Bobby Mackey’s seems to be a spectral Grand Central Station. Don’t take it from me: a “ghost counselor” and the “President of the United States Psychotronic Association” both vouch for its spooky bona fides!)

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1900: Ada Chard Williams, the last woman hanged at Newgate

On this date in 1900, Ada Chard Williams was hanged for murdering an infant girl.

A baby farmer, Williams took in unwanted children for money … money that went a lot further when the child died. The milestone nature of her hanging in the yard of Newgate Gaol, which would be closed two years later,* was entirely unforeseen at the time.

Justice moved fast in the Williams case, as evidenced by the London Times blurbs covering the case.**

Monday, December 11, 1899

POLICE COURTS. — At the South-Western, William Chard Williams, 41, and Ada Chard Williams, 24, his wife, were remanded, charged with the wilful murder of a child entrusted to their care, and whose body was found in the Thames at Battersea with the skull battered in. The female prisoner said they were perfectly innocent of the charge. The child was delivered by her to another woman and was then quite well.

Saturday, December 30, 1899

POLICE-COURTS. — At the South-Western the charge against William Chard Williams, 41, and his wife, Ada Williams, 24, of the murder of a child named Selina Jones, 21 months old, which had been entrusted to their care, was further investigated. Mr. Bodkin, who prosecuted for the Treasury, stated the facts of the case as already published, and added that the bodies of two other children tied up in the same way as that of the child Jones had been found in the Thames in July last, and the suggestion of the prosecution was that they had been put in the river by the prisoners. After some evidence had been given the prisoners were again remanded.

Saturday, January 20, 1900

POLICE-COURTS. — At the South-Western, William and Ada Chard Williams, man and wife, were finally examined and committed for trial charged with the murder of Selina Jones, an illegitimate child, 21 months old, which had been entrusted to their care.

Monday, February 19, 1900

CENTRAL CRIMINAL COURT. — Before Mr. Justice Ridley, the trial was concluded of William Chard Williams, 41, clerk, and Ada Chard Williams, 24, his wife, charged with the murder of an illegitimate child named Selina Ellen Jones, 21 months old, which had been entrusted to the care of the female prisoner in August last. On September 27 its body was found in the Thames in a condition which indicated that it had been stunned and strangled before being put into the river. The jury found the female prisoner guilty, and she was sentenced to death. The male prisoner was acquitted.

Wednesday, March 7, 1900

EXECUTION AT NEWGATE. — Ada Chard Williams, 24 years of age, who was convicted at the Central Criminal Court of the wilful murder of Selina Ellen Jones, a child which had been placed in her care, was executed at Newgate yesterday morning. There were present at the execution Lieutenant-Colonel Milman, Governor of Newgate and Holloway Prisons, Mr. Under-Sheriff Metcalfe, representing the High Sheriff of the county of London, Dr. Scott, medical officer of Newgate and Holloway, and other officials. Billington was the executioner. An inquest was subsequently held in the Sessions-house, Old Bailey, before Mr. Langham, Coroner for the City. Lieutenant-Colonel Milman gave evidence, stating that the execution was carried out satisfactorily. Death was instantaneous. The prisoner made no confession. The jury returned the usual verdict.

* Male executions were transferred to Pentonville Prison and female executions to Holloway Prison thereafter.

** With the exception of the last, these items are all from the Times index summarizing its news articles, and not the articles themselves.

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1772: Susanna Margaretha Brandt, Faust inspiration

On this date in 1772, Susanna Margaretha Brandt was beheaded with a sword in Frankfurt am Main for murdering her infant child.

The orphaned maid (German Wikipedia entry), not yet 26, had the previous August given birth to the child of a passing goldsmith who had drugged and seduced/raped her.

Brandt got rid of the child, and when caught hysterically attributed the murder to infernal influence.

Faustian Bargain

Affecting as Brandt’s small tragedy might be, she is remembered today not in her own right but because of her proximity to a 22-year-old lawyer living a few hundred yards from her cell: Johann Wolfgang von Goethe.

Several of Goethe’s family and friends were directly involved in Brandt’s case, and her death through seduction and infanticide are widely taken (pdf) to have inspired the character Gretchen in Goethe’s Faust: the character and the infanticide plotline are additions the German author made to an age-old legend.

Goethe began Faust in this same year of 1772, and continued reworking it throughout his life.

And it was a historically timely juncture to incorporate the baby-killing angle into the old Satanic pact story: infanticide was the subject of philosophical and juridical debate, with the use of capital punishment in infanticide cases sharp declining in forward-thinking German states.

Infanticide likewise became a trendy literary topic; Faust is only the best-known example.

“Seduction, and during the second half of the century infanticide, are possibly the most popular themes in eighteenth-century German literature by men,” according to Susanne Kord.*

Lessing’s Sara Sampson and Emilia Galotti, Schiller’s Luise Millerin (Kabale und Liebe), Goethe’s Marie Beaumarchais (Clavigo) and countless other bourgeois heroines die as a direct result of a man’s — often a nobleman’s — sexual desire. Goethe’s Gretchen (Faust), Heinrich Leopold Wagner’s Evchen Humprecht (Die Kindermorderin), Lenz’ Marie (Zerbin) and many others are put to death for committing infanticide.

Like the woman-as-child, the woman-as-childkiller, fictional or not, teaches sexual morals; mounting the scaffold, the woman admits her guilt, speaks her warning, and, incidentally, absolves society of all blame.

That might be a little too pat. But despite rendering a sympathetic character in Margaret, Goethe’s own biography suggests the problematic nature of this widespread fascination with illicit sexuality.

The writer 11 years later found himself in the court of the Duke of Saxe-Weimar-Eisenach in position to help decide whether another infanticide should live or die.

Goethe voted for Johanna Catharina Höhn’s execution.

* “Women as Children, Women as Childkillers: Poetic Images of Infanticide in Eighteenth-Century Germany,” Eighteenth-Century Studies, Spring 1993. More in this vein on Goethe in “Infanticide as Fiction: Goethe’s Urfaust and Schiller’s ‘Kindsmörderin’ as Models” by Helga Stipa Madland, The German Quarterly, Winter 1989.

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1870: Margaret Waters, baby farmer

On this date in 1870, Margaret Waters became the first woman in England to hang for baby-farming.

Waters was condemned for murdering an infant she had taken in as a contractual temporary adoption; there is the matter in the dry language of the law.

But Waters’ import — and in fact, since press outrage that her ward’s death had initially been ruled only manslaughter by the coroner, the extremity of her legal straits as well — derived from her milestone symbolism in a burgeoning Victorian-era moral panic.


Margaret Waters’ case dominates the cover of the Oct. 15, 1870 Illustrated Police News, with a central illustration of Margaret Waters hanged … surrounded, appropriately, by men.

“Baby farming” hit the papers in the 1860’s with sensational exposes of a gray market business whose model was:

  1. Relieve unwilling mother of her newborn infant for a fee
  2. ???
  3. Profit!

It’s the “???” that’s up for grabs.

To the newspapermen, and the day’s elite crusaders for reform, and especially to the nascent medical industry whose British Medical Journal was instrumental in fomenting public alarm,* it signified nothing short of infanticide, a sort of post-partum abortion.

Thus, the Times of London’s sermonizing post-hanging editorial (Oct. 12, 1870):

A most just sentence has thus been executed, and the law has conspicuously fulfilled its appointed office of being a terror to evil-doers. A more terrible case, with respect both to the heinousness of the offence and to the unexpected vengeance which has overtaken it, has never occurred … The wretched woman and her sister were proved to have systematically published advertisements offering to “adopt” children for a remuneration which no one in his senses could believe to be adequate. In other words, they offered to the parents of illegitimate children a means of getting rid of charges at once burdensome and shameful to them … For the sake of a paltry and precarious gain MARGARET WATERS and her sister had the heart to make away with the helpless little creatures … nothing can palliate the hideous spectacle thus brought to light. A murder in hot blood, the deliberate gratification of revenge, or even a premeditated act of violence in the pursuit of some selfish object, fall short in some respects to the heinousness of this offence. The deepest instincts of a woman’s heart must have been deadened, and the most ordinary feelings of human nature extinguished, before such slow murder could be perpetrated upon piteous little innocents.

… MARGARET WATERS confesses to receiving children for purposes of profit, whom she, at least, knew she could not support. She confesses to receiving them for 5 l. or 10 l., and finding other people who would receive them for a fortnight’s expenses paid in advance, and would then let her hear no more of them. She confesses to taking them into the streets, placing them in the hands of children, and then running away and leaving them to their fate. She confessed to all this, and yet she professed to see in it nothing but “falsehood and deceit.” It was not murder, and nothing seems to have astonished her so much as the sudden vengeance which overtook her … while admitting the most damning facts, she extenuates their criminality. It is well that the stern sentence of the law has pronounced a terrible condemnation of these heartless excuses. “Baby Farming” as practiced by MARGARET WATERS was ruthless and systematic murder, and her doom will indelibly stamp this brand upon her infamous trade.

We wish it could be thought this unhappy woman was a solitary instance of such wilful blindness. It is to be feared she has expiated the sins of others who have actually perpetrated similar crimes, and it is certain there are many who are direct accomplices in her guilt. When she says that “the parents of illegitimate children who seek to get rid of them are more culpable than persons like herself, and that if there were no such parents there would be no ‘Baby Farmers,'” she does but exaggerate a just charge. When MARGARET WATERS abandoned children in the streets to the casual care of passers-by, she did but repeat what had been done by those who had first abandoned them to her in the dark of the night at obscure railway stations. It cannot be too strongly asserted that this execution reflects more or less the brand of murder upon all who contributed to the offence — upon the parents who only sought to get rid of their children, and upon those who allowed their journals to be the instruments of what they might have known to be an infamous traffic. It must be acknowledged that the justice of the law is but brought justice, and spares many who deserve punishment. That is inevitable. But one of the great uses of the law is to depict in true colours the real meaning of common offences. Selfish and licentious men and women will know for the future what is the natural issue of the offences against morality and society which they lightly commit. It is murder, and nothing less, that is the ultimate meaning of these social evils, and this is the contamination incurred by those who facilitate such offences.

Sounds pretty bad.

But then … all those other “selfish and licentious men and women”: had Waters somehow been the bad apple to spoil an entire bushel? (Reformers of the time write often of illicit behavior as a contagion whose example inspires a wider moral deadening.) Or was there something else going on?

Even the Times agrees that our culprit “never entertained the intention of becoming a ‘Baby Farmer’ and a Murderess. She drifted into it under the pressure of want and temptation. … It is, according to her statement, only six years since she was a married woman in good circumstances.”

According to Waters’ own account, summarized third-hand in the Times a few days prior to the hanging, (Oct. 7, 1870) her fall from respectable wedlock to public enemy number one began with the 1864 death of her husband, leaving the woman

with 300 l. in her possession. Intending to turn her capital to account, she took a house in Addington-square, Camberwell, and put into it a number of sewing-machines. Her plan was to make collars and other such articles, and sell them to the city houses. She knew little or nothing of the business, however, and, partly owing to that circumstance and partly to the miserable prices which were paid for such goods, she was at the end of the year a loser of 250 l. She then resolved to save herself by letting lodgings, and that step led her imperceptibly into her career of baby farming. … she was steadily going down-hill, and she found herself obliged to leave Addington-square and go to Bournemouth-terrace, Peckham, where she commenced baby farming as a system. She advertised for children, and she had answers from persons in all stations … She drifted along in this course, getting from bad to worse. But she protested that she had no idea of injuring the children, though she did some things she was very sorry for, owing to the difficulties of her position … She took the Clerkenwell News, and there she used to find a whole string of advertisements — three of them were put in for a shilling — from women who wanted children to nurse. She advertised herself for children to adopt, and she generally got 10 l. with one. When she got the child and the money she went to one of the other advertisers in the Clerkenwell News and arranged to put the baby out to nurse. Upon paying two weeks in advance she was hardly ever asked even for her address, and when she went away of course she never heard anything more of the child. She gained the difference between the 10 l. given her for adopting the child and the fortnight’s payment for nursing it. This was, after all, a very precarious resource, and she fell into great distress … The time came soon when she was unable to pay the money-lender his instalments, and he threatened to strip her of everything under her bill of sale … When she went to Brixton five children died, some from diarrhoea and wasting, and others from convulsions. She was very poor, and determined to save the price of burial by leaving them about. She wrapped the bodies in brown paper and took them out at night, and left them where they were found by people afterwards. She maintains that she did what she could for these children, and attended to them to the best of her power. There were also four other children whom she got rid of in a way for which she is now very sorry. She took them, one at a time, into the streets, and when she saw little boys and girls at play she called one of them and said, “Oh, I am so tired! Here, hold my baby, and here is sixpence for you to go into the sweetstuff-shop and get something nice.” While the boy or girl went into the shop she made off. The babies, she believes, were generally taken to the workhouse.

The slide into the vast but shadow world of poverty, in short … a timeless story.

While intentional infanticide undoubtedly formed some part of the baby farming picture, its nature and extent is also nothing to presume. In an era of staggering child mortality, dead infants were a norm, sometimes the norm. In the context of desperate penury, it was all the more likely. Middle-class authorities who raided Waters’ “farm” saw (and testified to) a slum purposely structured to kill off children. They may simply have beheld indigence.

Waters herself always rejected any notion that she had intentionally killed any of her charges.

Summing up the doomed woman’s testimonial, the doctor who took it underscored the point with an entirely plausible counter-narrative.

Dr. Edmunds, in concluding the recital of the remarkable and instructive statement Margaret Waters made to him a few hours before, said that when children, even under the best conditions, were taken from the breast and brought up by hand, the chances were all against them. What, then, was the chance of infants taken out in the open air the moment they were born and brought up with only such appliances as Mrs. Waters, at her wits’ end for money, flying from money-lenders and dodging landlords, had at her disposal? From what he could judge she had no intention of murdering any of the children, but they died off, as they might have been expected to die off, from diarrhoea, thrush, and convulsions, and when they died she callously got rid of their bodies as best she could when she became poor.

If Waters’ story holds water, her fees so inadequate to the long-term maintenance of children represent much the same calculated gamble involved in insurance: foul play or no, she had no reason to expect to maintain children long-term.** Cold … but hardly incomprehensible.

(It should also be observed babies to adopt actually were in demand.)

Interestingly, one of the key antecedents of the baby farming scandals in the 1860s and 70s was the codification of prim sexual mores for which the Victorian era is a byword.

Earlier in the 19th century, financial responsibility for illegitimate children had shifted from the (putative) father to the mother, and government Poor Relief to single mothers had been slashed — a bit of abstinence-only social engineering meant to stigmatize single motherhood to the greater good of the softer sex: “We trust that as soon as it has become … burdensome and disgraceful, it will soon become … rare.”

Surprisingly, welfare reform did not stop Victorians having sex. Given a milieu where birth control and abortion are illicit and single motherhood severely stigmatized, the policy implied a swath of single mothers powerfully incentivized to have burdensome and death-prone children taken off their hands … and an industry of entrepreneurs ready to meet the demand.

Waters was the first of eight women in England, Scotland and Wales hanged as baby farmers from 1870 to 1909. Her execution would help lead to the 1872 adoption of the Infant Life Protection Act, which introduced a regimen of license and registration in the heretofore libertarian economy of freelance child-brokering.

Books about Baby Farming and its Context

* In “Wolves in Women’s Clothing: Baby-Farming and the British Medical Journal, 1860-1872” (Journal of Family History, vol. 26, no. 3, July 2001), Ruth Ellen Homrighaus argues that

[b]y using their ‘expertise’ to stake a claim on infanticide and to relegate female reformers to the ranks of amateurs, writers for the BMJ made one of many moves to professionalize medicine … [and] establish a monopoly over health care by improving and standardizing medical education and restricting competition from untrained ‘charlatans.’

Infanticide writ large being a complex social problem, it found in baby farming a specific target amenable to outraged public mobilization, with a “subtext … [that] denied that working-class women were fit to manage childbirth and infant care.”

Margaret Waters had the ill luck to be discovered just as this campaign was in need of a potent emblematic villain. Despite the pestering of the moralistic set, police interest in hounding the persons who attended England’s considerable produce of disposable children rapidly waned in the 1870’s.

** Reviewing the still-lively baby farming scene in early 20th century America, Lawrence Friedman notes that

baby farms made a profit from a “grisly calculus”: most babies, in the days before reliable bottle-feeding, simply died when separated from their mothers. Add to this filthy conditions and poor care, and it is no surprise that most babies in baby farms did not survive. Allegedly, up to 80 percent of all babies admitted to one Baltimore baby farm died within weeks.

Part of the Themed Set: Women Who Kill.

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1638: The melancholy Dorothy Talby

On this date in 1638, Dorothy Talby was hanged in Boston for breaking the neck of her baby daughter (aptly named “Difficulty”) “in order to save the child from future misery.”

Though not the first execution of a woman in the territory of the future United States, it is the first that is reasonably well-documented … and for a disturbed, possibly insane, woman striking out against her troubled family life, a case that resonated for later Americans like Nathaniel Hawthorne and Oliver Wendell Holmes.

For those of us, post-Andrea Yates, for whom “post-partum depression” has become a sadly familiar term of criminology, it is likely to resonate as well.

Mrs. Talby was esteemed for godliness, etc., but after the birth of the child she became melancholy and possessed of delusions. She sometimes tried to kill herself and her husband by refusing to eat “meat” and not permitting them to eat it, saying it had been so revealed to her. (Source)

Take a break from the Headsman’s noodlings and instead enjoy the thoughtful treatment given Talby’s case by crime blogger extraordinaire Laura James.

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1724: Half-Hangit Maggie Dickson

Allegedly on this date in 1724, a young woman was hanged at Edinburgh’s Grassmarket for concealing her pregnancy.

Any number of details in this horrible/wonderful story are shaky, including the date: some sources make it 1728, a few say 1723, and only a handful attest a specific calendar date. Nobody seems to doubt the tale in the main, however — and it’s certainly excellent enough lore to deserve even a heavily asterisked entry.

Deserted by her husband, young Maggie Dickson took lodgings at an inn in exchange for work, and became pregnant by either the innkeeper or his son. (Again — details in the various sources available read like a game of telephone.) Since single* pregnant working-class women had about as many employment options as birth control options, Maggie kept quiet about her condition in the interest of keeping her job.

And since male parliamentarians figured their job was to keep young lasses of loose character and modest means on the straight and narrow by criminalizing their options, Maggie’s sleight-of-womb put her in violation of a law against concealing a pregnancy. (The same situation was playing out elsewhere in the British sphere at this time.)

When the resulting infant turned up dead, the trail led straight to Dickson … but the concealment of the pregnancy and birth were capital crimes on their own, making it immaterial whether it had been a miscarried pregnancy, an act of infanticide, or simply one of the many early 18th century babies to die in the cradle. The law was an indiscriminate instrument to prevent women terminating their pregnancies.

Nothing noteworthy about the hanging itself is recorded; it seems to have been one of the routine public stranglings of the age, and even the scuffle over the body between family and medical students hunting dissection-ready cadavers was a normal occurrence.

The family won. And en route to Musselburgh for burial, Maggie started banging on the inside of the coffin, and was forthwith revived. Officials decided the sentence of hanging had already been carried out … and her awestruck neighbors suddenly started seeing Maggie sympathetically

And they all lived happily ever after. This day’s principal, at any rate, gained a foothold in adequate prosperity, bore more children, and answered to the nickname “Half-Hangit Maggie Dickson” all the many more years of her life.

The story passed into legend; the dates, as we’ve alluded, fuzzed. One entrepreneurial English broadside publisher of the 19th century even transported the affair to February 1, 1813 — four years after a Concealment of Pregnancy Act reduced the penalty for Maggie Dickson’s “crime” to penal servitude. And near the site of the not-quite-Passion, should you call sometime in Edinburgh, you can raise Half-Hangit Maggie a pint at Maggie Dickson’s Pub.

I’le crye as fu’ o’ tears an egg,
‘Death, I’ve ae favour for to begg,
That ye wad only ge a flegg,
And spare my life,
As I did to ill hanged Megg,
That graceless wife

-Broadside, ‘The last speech and dying words of John Dalgleish, Hangman of Edinburgh’

* Technically, she was still married but separated.

Part of the Themed Set: Judging Abortion.

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1739: Penelope Kenny and Sarah Simpson

On this date in 1739, Penelope Kenny and Sarah Simpson were publicly hanged in colonial New Hampshire for “feloniously concealing the death of a[n] … infant bastard child.”

The first people — male or female — executed in New Hampshire history had separately disposed in August 1739 of their respective newborns. Unluckily for them, some never-discovered third woman did the same thing around the same time much less adroitly … and her dead infant was found in a well.

The ensuing investigation uncovered (in one case by the forcible ministrations of a midwife team) the recent pregnancies of this day’s victims, and though Simpson claimed her child was miscarried, she still fell under a law making a capital crime of covering up the death of a baby.

Today, Executed Today interviews New Hampshire historian Christopher Benedetto, whose research situates Kenny and Simpson in the context of their times:

In provincial New Hampshire, as was common across colonial America, the punishment of fornication and bastardy was harsh, and the stigma that followed could cost a working class woman her livelihood. When Penelope Kenny and Sarah Simpson gave birth in August 1739, they both knew that the physical product of their sexual improprieties must be concealed. It was an awful decision to have to make, but in their minds “infanticide might have seemed a matter of survival.” The discarding of illegitimate children, however, seems to have been an issue in New Hampshire long before 1739. In 1714, the General Assembly passed “An Act to Prevent the Destroying and Murdering of Bastard Children,” which declared

Whereas many lewd women that have been delivered of Bastard children, to avoid shame and escape punishment, do secretly bury or conceal the death of their children…Be it therefore enacted…that if any woman be delivered of any Issue of her body, male or female, which if it were born alive should by law be a Bastard; and that she endeavor privately either by drowning or secret burying thereof…so to conceal the death thereof that it may not come to light, whether it were born alive or not but be concealed. In every such case the Mother soe offending shall suffer Death…except such Mother cann make proof by one witness at least, the Child whose death was by her so intended to be concealed was born dead.

Executed Today: The first hanging in New Hampshire didn’t happen until 1739?!

Christopher Benedetto: There were plenty of capital laws and there definitely were cases where people were tried for their lives, but why it took so long … they had crossed some sort of a boundary. I’m sure the loss of so many children only a few years before [in a diphtheria epidemic] made these crimes that much more shocking.

ET: You’re working on a book on crime in New Hampshire.*

CB: The criminal history of Massachusetts has been studied for so long, but there’s really nothing like this for New Hampshire at all. And there’s so much there. There’s a whole chapter in the book on infanticide and child murder.

ET: What’s the perspective you get working deeply in a local milieu?

CB: I think having grown up here, my own family I’ve been able to trace back to the 1650’s in Massachusetts … it’s always been a big part of my life.

I like being able to go to different sites where these things actually happened. I think that’s true for any historian — you’re drawn to the specific places. The town I grew up in, Ipswich, they have plaques of people who lived there. Anne Bradstreet‘s house is still there.

I could walk on a lot of the streets or at least go to some of the places where these things took place.

But to me, history is about people. It’s about passions. To me, these people are so much like us today. Human nature has not changed a lot over the years.

ET: Does that lead to any conclusions on the death penalty in general?

CB: It’s one of the few things that’s as controversial now as it was two, three hundred years ago. I don’t think capital punishment prevents crime. I do think there are certain instances where the crime is so heinous, so bad — I don’t know, I’m sort of in the middle on it. I think we should reserve the right to do it, but does it improve our society at all?

ET: What advice would you have for a young person about being a historian? What’s the historical method for you?

CB: I would say, just be curious. You’ve got to be relentless. You’ve got to go after what you’re passionate about — nobody wants to do research about something they’re just not interested in.

To me, I love writing, but I think one of the most thrilling parts can be when you’re sort of on the hunt. I kind of see being a historian — and not just professionally; anyone who’s researching a family history — you’re almost like a quilter. You’re taking all these little pieces of fabric and just trying to create a whole picture. That might be my favorite part, taking all those pieces of information and just putting them together.

It’s not that nobody had ever written about that execution [of Kenny and Simpson] before, but maybe nobody had taken all that information and just kind of put it together in that way. You’re not always going to have something 100% new to say, but you might present it in a way that casts a new light or makes somebody think about it differently.

* Tentatively titled Gruesome Stories from the Granite State with an anticipated release in 2009 through regional press Commonwealth Editions.

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

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