Category Archives: Wrongful Executions

1730: Neither James Prouse nor James Mitchel, much to their surprise

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January 14, 1730, was the date appointed for the public hanging in Philadelphia of James Prouse and James Mitchel for burglary.

Prouse, for his part, admitted the crime but insisted that James Mitchel had nothing to do with it — and Mitchel insisted the same. This ultimately generated considerable support for clemency which the authorities did not seem inclined to act upon.

Naturally the young newspaperman Benjamin Franklin — just turning 24 in January 1730 — was keen to publish this affecting story in his Philadelphia Gazette. Through the magic of public domain, he’s generously allowed us to republish his account from the January 20, 1730 Gazette as our guest post today.

Hyperlinks are, as one may surmise, Executed Today‘s own annotations.

We think our Readers will not be displeased to have the following remarkable Transaction related to them in this particular Manner.

Wednesday the 14th Instant, being the Day appointed for the Execution of James Prouse and James Mitchel for Burglary, suitable Preparations were accordingly made. The tender Youth of one of them (who was but about 19) and the supposed Innocence of the other as to the Fact for which they were condemned, had induced the Judges (upon the Application of some compassionate People) to recommend them to His Honour‘s known Clemency: But several Malefactors having been already pardoned, and every Body being sensible, that, considering the great Increase of Vagrants and idle Persons, by the late large Importation of such from several Parts of Europe, it was become necessary for the common Good to make some Examples, there was but little Reason to hope that either, and less that both of them might escape the Punishment justly due to Crimes of that enormous Nature. About 11 o’Clock the Bell began to Toll, and a numerous Croud of People was gathered near the Prison, to see these unhappy young Men brought forth to suffer. While their Irons were taken off, and their Arms were binding, Prouse cry’d immoderately; but Mitchel (who had himself all along behaved with unusual Fortitude) endeavoured in a friendly tender Manner to comfort him: Do not cry, Jemmy; (says he) In an Hour or two it will be over with us, and we shall both be easy. They were then placed in a Cart, together with a Coffin for each of them, and led thro’ the Town to the Place of Execution: Prouse appear’d extreamly dejected, but Mitchel seemed to support himself with a becoming manly Constancy: When they arriv’d at the fatal Tree, they were told that it was expected they should make some Confession of their Crimes, and say something by Way of Exhortation to the People. Prouse was at length with some Difficulty prevailed on to speak; he said, his Confession had been taken in Writing the Evening before; he acknowledged the Fact for which he was to die, but said, That Greyer who had sworn against him was the Person that persuaded him to it; and declared that he had never wronged any Man beside Mr. Sheed, and his Master. Mitchel being desired to speak, reply’d with a sober compos’d Countenance, What would you have me to say? I am innocent of the Fact. He was then told, that it did not appear well in him to persist in asserting his Innocence; that he had had a fair Trial, and was found guilty by twelve honest and good Men. He only answer’d, I am innocent; and it will appear so before God; and sat down. Then they were both bid to stand up, and the Ropes were order’d to be thrown over the Beam; when the Sheriff took a Paper out of his Pocket and began to read. The poor Wretches, whose Souls were at that Time fill’d with the immediate Terrors of approaching Death, having nothing else before their Eyes, and being without the least Apprehension or Hope of a Reprieve, took but little Notice of what was read; or it seems imagined it to be some previous Matter of Form, as a Warrant for their Execution or the like, ’till they heard the Words PITY and MERCY [And whereas the said James Prouse and James Mitchel have been recommended to me as proper Objects of Pity and Mercy.] Immediately Mitchel fell into the most violent Agony; and having only said, God bless the Governor, he swooned away in the Cart. Suitable Means were used to recover him; and when he came a little to himself, he added; I have been a great Sinner; I have been guilty of almost every Crime; Sabbath-breaking in particular, which led me into ill Company; but Theft I never was guilty of. God bless the Governor; and God Almighty’s Name be praised; and then swooned again. Prouse likewise seemed to be overwhelmed with Joy, but did not swoon. All the Way back to the Prison, Mitchel lean’d on his Coffin, being unable to support himself, and shed Tears in abundance. He who went out to die with a large Share of Resolution and Fortitude, returned in the most dispirited Manner imaginable; being utterly over-power’d by the Force of that sudden Turn of excessive Joy, for which he had been no Way prepared. The Concern that appeared in every Face while these Criminals were leading to Execution, and the Joy that diffused it self thro’ the whole Multitude, so visible in their Countenances upon the mention of a Reprieve, seems to be a pleasing Instance, and no small Argument of the general laudable Humanity even of our common People, who were unanimous in their loud Acclamations of God bless the Governor for his Mercy.

The following are Copies of the Papers delivered out by Prouse and Mitchel the Evening before, with little or no Alteration from their own Words.

I James Prouse was born in the Town of Brentford in Middlesex County in Old England, of honest Parents, who gave me but little Education. My Father was a Corporal in the late Lord Oxford’s Regiment of Horse, (then named the said Lord’s Blues) and I was for some Time in the Care of an Uncle who lived at Eling near Brentford aforesaid, and who would have given me good Learning; but I being young would not take his good Counsel, and in the 12th Year of my Age came into Philadelphia, where I was recommended to one of the best of Masters, who never let me want for any Thing: But I minding the evil Insinuations of wicked People, more than the good Dictates of my Master, and having not the Fear of God before my Eyes, am deservedly brought to this wretched and shameful End. I acknowledge I justly merit Death for the Fact which condemns me; but I never had the least Design or Thought of the like, until often press’d, and at length seduced to it by John Greyer, who was the only Person that ruined me. He often solicited me to be guilty of other Crimes of the like Nature, but I never was guilty of any such, neither with him or any one else; neither did I ever wrong any Man before, save my too indulgent Master; from whom I now and then pilfer’d a Yard or the like of Cloth, in order to make Money to spend with the said Greyer. As for James Mitchel who dies for the same Fact with me, as I hope to receive Mercy at the great Tribunal, he the said James Mitchel is intirely innocent, (*) and knew nothing of the Fact until apprehended and taken. I am about Nineteen Years of Age and die a Protestant.

JAMES PROUSE.

(*) N. B. He declared the same Thing at the Bar just before he received Sentence.

The Speech or Declaration of James Mitchel written with his own Hand.

I James Mitchel, was born, at Antrim in the Kingdom of Ireland, of good and honest Parents, and brought up with them until the Age of 13 Years, and had a suitable Education given me, such as being taught to read and write English, with some Latin; and might have been further instructed, but at my earnest Request was bound Apprentice to a Book-binder, and served 4 Years to that Trade; after which I left the Kingdom and went for England in order to be further improved in my Business; but there had the Misfortune to be press’d on board the Berwick Man of War, commanded by the Honorable George Gordon, and having been at several Parts abroad, returned to England in Octob. 1728. where I was by Sickness reduced to a very sad Condition, through which I came over to this Country a Servant; here I was it seems unfortunately led into bad Company, and one Evening by James Prouse was raised out of my Bed to go and drink with him and one Greyer, the which Greyer after parting gave to the said James Prouse Six-pence, which was all the Money I saw that Night and till next Morning, and then James Prouse took out of his Pocket a 15 Shilling Bill, and desired me to get it changed for him, in order to spend some of it; but coming unto Town I was apprehended for the robbing of Mr. George Sheed, and now am to die for the same. I die a Protestant.

JAMES MITCHEL.

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1864: Samuel Wright, by contrast

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Samuel Wright and George Townley both murdered romantic partners late in 1863. Both were tried, convicted, and condemned to hang in very short order and both the subjects of intense pressure for a crown commutation of sentence.

Only one of those men hanged. It was 150 years ago today.

George Townley

Townley lived near Manchester and was courting a young woman named Bessie Goodwin from Derbyshire. Described as a man from a respectable upper middle class family with “refined manners,” and an intelligent linguist* to boot, Townley was nevertheless a rung or two below Miss Goodwin on the wealth and status ladder.

He was, accordingly, frustrated of his designs when the young lady accepted a clergyman’s proposal and broke off her previous engagement to Townley. Despite being disinvited by ex-fiancee, Townley took a train to her village and pressed his company on her. The two went for a walk that evening, and Townley stabbed her in the throat — a fact which he confessed on the scene to the first person who responded to the commotion and found Miss Goodwin staggering towards her home with a fatal gash in her neck.

In the great tradition of weird stalkers everywhere, Townley then helped the Good Samaritan carry the dying woman home, and kissed her tenderly, all the while bemoaning to arriving gawkers his guilt. “She has deceived me, and the woman who deceives me must die,” he responded chillingly to the inquiries of his would-be father-in-law. “I told her I would kill her. She knew my temper.”

This is all a very bad hand to deal a defense barrister.

Having little to work with, his superstar attorney — remember, the family had money — went with an insanity defense, aided by the lunacy diagnosis of prominent psychiatrist Forbes Winslow.** There was some history of insanity in his family, and everyone seemed agreed on the point that Townley didn’t set out with the intent to commit murder, but impulsively — madly? — took that course as he realized during his interview that he would surely not be putting a ring on that.

The legal standard of the time gave no purchase to this sort of thing. Townley’s judge instructed the jury to find insanity only if he “was under delusions … [and] supposed a state of things to exist which did not exist, and whose diseased mind was in such a condition that he acted upon an imaginary existence of things as if those things were real.” This is the M’Naghten rule, a historically pivotal and also highly restrictive insanity definition dating to 1843.

On December 12, 1863 Townley was sentenced to death for the murder, with the hanging scheduled for the approaching New Year’s Day. According to the London Times report the next week (Dec. 18), the sentence “has not made the slightest alteration in his demeanour. He partakes of his meals heartily, sleeps well, and repeatedly asserts that he was perfectly justified in taking away his victim’s life, and that he feels no remorse for the deed.”

Nevertheless, Townley’s well-off family and friends had enough pull to pry open a previously little-known legal escape hatch.

Upon the judge’s own request, the crown empaneled a committee to adjudicate Townley’s sanity for his mercy petition. But a sloppily written law actually allowed any two doctors plus any two magistrates to issue a formal certification of madness which would compel the prisoner’s removal to the asylum. Townley’s own solicitor simply assembled himself a quartet so minded and presented their finding to the Home Secretary, forcing his hand — to a great deal of public outrage once the obscure mechanism became known.

“Good friends and abundant means may give a convicted criminal unexpected advantages over an ordinary offender,” the Times complained in an editorial. (Jan. 27, 1864) Plus ça change.

Samuel Wright

Samuel Wright was not a man of means or linguistic gifts, but a bricklayer who lived in a Waterloo Road public house in Surrey, on London’s southern outskirts.

On December 13, 1863, he slashed the throat of his live-in lover Maria Green after they’d both been on a drinking bout. On December 16, mere three days later, Wright voluntarily pleaded guilty and received a death sentence.

A hue and cry for Wright’s sentence to be abated soon arose among London’s working classes, especially in the wake of Townley’s commutation. Wright had a good reputation, while Green was known for her violent temper. Wright intimated that she had menaced him with a knife during a quarrel.

Was this not a case like George Townley’s, only more so?

The contrast in the fates between the two murderers did not flatter. The crimes were analogous even to the mode of slaying.† If anything, the rich man’s suggested a more egregious context: Townley’s victim appeared more sympathetic, and Townley had gone out of his way to track her down in order to kill. Why was Townley’s heat of passion “insanity” but Wright’s was motive and deliberation?

The Home Secretary offered his sympathy but not his mercy. After all, Wright himself agreed that he intentionally killed Green. “To commute the sentence on the grounds on which it has been pressed would, in fact, be to lay down a rule of law as to the distinction between murder and manslaughter contrary to that which is well established,” wrote a Home Office spokesman on Jan. 7 in response to three separate petitions submitted on Wright’s behalf. Maybe they thought the same thing about Townley … but that decision was out of their hands.

In one of the period’s characteristic hanging broadsides, the balladeer has Wright lament,

Friends, for me have persevered,
To save me from the gallows high;
Alas! for me there is no mercy,
Every boon they did deny,
While others who was tried for murder,
And doomed to die upon a tree,
Through friends and money has been pardon’d
who deserved to die as well as me.

But, oh! my friends, you must acknowledge
what I say has oft been said before.
Some laws are made to suit two classes,
One for the rich, one for the poor;
So it is with me and Townley,
A reprieve they quickly granted he,
He was rich, and I was poor, —
And I must face the fatal tree.

The mood of the populace for the hanging at Horsemonger Lane Gaol this date in 1864‡ was decidedly ugly. On the night of the 11th, when it became clear that the many last-ditch bids for commutation — directed not only at the Home Secretary but even to Queen Victoria and even to the Prince of Wales appealing for a boon on the occasion of his first son‘s January 8 birth§ — a handbill circulated in the prison’s neighborhood entreating its denizens to protest the execution by shuttering all windows. “Let Calcraft and Co. do their work this time with none but the eye of Heaven to look upon their crime.”

Indeed this summons was widely obeyed.

A small crowd only turned out for the occasion, and shouted their disgust for the proceedings: “Shame!” and “Judicial murder!” and “Where’s Townley?” Even many months later, at the controversial August 10 hanging of Richard Thomas Parker, the crowd chanted Townley’s name, now the emblem of the unequal justice of the law.

One diarist’s entry for the day recalled that “[t]he blinds were down in all the neighbouring streets and the military were called out in case of an attempted rescue. When the unfortunate man appeared on the scaffold, loud cries of ‘Take him, take him down’ were heard in every direction, to which the unhappy man responded by repeated bows to the multitude, he still continued bowing and was actually bowing when the drop fell.”

Postscript

The language of the law that permitted Townley his backdoor commutation was revised by Parliament within weeks.

As to Townley himself, another panel appointed by the Home Office found him fully cogent, which meant that officially, he had become insane after his death sentence and the insanity abated thereafter. While this finding theoretically reinstated the death penalty, actually hanging him after these circumstances was thought to be inhumane, and he was reprieved. One supposes there must have been some thought for the potential disturbance Townley’s hanging would have occasioned.

On February 12, 1865 — a year and change after escaping the noose that claimed Samuel Wright — George Townley hurled himself headlong off a high staircase onto a stone floor in Pentonville Prison, where he had been transferred as an ordinary inmate. He died on the spot.

* Of course, he could never hope to match the linguistic’s fields most famous English murderer.

** You might recognize this distinctive name from our Winslow’s son, L. Forbes Winslow, a figure in the Jack the Ripper investigation.

† An additional unflatterering comparison point to Derbyshire contemporaries: a proletarian named Richard Thorley had been hanged in Derby in 1862 for a very similar crime: he slashed his girlfriend’s throat when she tried to break up with him.

‡ Among the very last public hangings at Horsemonger Lane Gaol. All UK hangings were conducted behind prison walls by 1868.

§ This infant, Prince Albert Victor, is the royal eventually identified with Jack the Ripper by a particularly inventive hypothesis.

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2013: Rizana Nafeek, Sri Lankan maid

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A year ago today, a blindfolded, white-clad Rizana Nafeek had her head chopped off in public in Dawadmy, near the Saudi capital of Riyadh.

Rizana Nafeek, a Sri Lankan, was among the numerous foreign laborers routinely imported to Saudi Arabia for domestic work. There are an estimated 1.5 million migrant domestic workers in Saudi Arabia from South Asia (especially Sri Lanka), Nepal, Indonesia, East Africa, and the Philippines. Most are employed via the kafala (“sponsorship”) system that places their host in an almost lord-like position of authority.

Such workers are excluded from Saudi Arabia’s labor protections, and as a result stand vulnerable to horrifying abuse.* Household heads often confiscate these workers’ passports, and in some cases have subjected their domestic employees to rape, beatings, wage confiscation, and work weeks of 100-plus hours. One Sri Lankan woman had nails driven into her hands when she complained about overwork.

Rizana Nafeek hardly had time to find out whether any of these perquisites were in store for her. Not long after she arrived in Saudi Arabia in 2005 hoping to make enough money as a domestic drudge to move her impoverished family into a house, she had bottle-feeding duties for her host family’s infant foisted upon her. Nafeek had no training in caring for infants.

In May 2005, that child began choking while in Rizana’s care, and her panicked shouts summoned the mother. By the time the mother arrived, the infant had fallen unconscious, and the upset family immediately handed over their maid to the police, accusing her of strangling the baby.

This was the victim for whom Nafeek was decapitated, and also perhaps an illustration of tunnel vision in law enforcement. It’s quite doubtful whether there was ever any objective basis for supposing a homicide, but the fact that this was the color the family gave to events in the horror of the moment set in motion all the ensuing events.

During the investigation leading up to her 2007 trial and condemnation, Nafeek confessed to smothering the child — but she would later claim this confession was tortured out of her, and that the baby simply started choking on its bottle. (There was never a post-mortem on the dead baby.)

Opaque as the Saudi Arabian criminal justice system is, it’s got ample reputation for obtaining confessions by violence, and for mistreating migrant workers. And the accused had scant legal representation and no translator when she was tried for her life in a Saudi court.

After her conviction, it would also emerge that, order to land her the gig, Nafeek’s Sri Lankan recruiting agency falsified her papers to bump her age up past the legal minimum of 21. Rizana Nafeek arrived in Saudi Arabia carrying a passport that said she was born in 1982, making her 23 years old when she committed the supposed murder … but her birth certificate said that she was born in 1988, and was still a minor when the “murder” took place.

As an international clemency push developed for the potentially-innocent underaged migrant worker, the Saudi government strongly rejected its critics’ charges.

Noting that the dead infant’s family refused repeated blandishments of “blood money” to exercise its right to grant clemency, Riyadh officially “deplore[d] the statements made” by Rizana’s supporters “over the execution of a Sri Lankan maid who had plotted and killed an infant by suffocating him to death, one week after she arrived in the kingdom.”

More sympathetic Saudis, undoubtedly meaning well, offered Rizana Nafeek’s family cash compensation after the young woman was beheaded. That money, too, was angrily refused.

“I will not accept any gifts from the Saudis or the Saudi government which murdered my daughter,” mother Saiyadu Farina told a Sri Lankan newspaper. That anger was widely shared in Sri Lanka; Colombo even recalled its Saudi ambassador in protest.

That’s as may be, but money is sure to carry the argument at the end of the day. Wage remittances by overseas laborers are a massive boon to the island nation, amounting to $6.3 billion in 2012 — 8.8% of the Sri Lankan economy. And Saudi Arabia remains the single largest employer (pdf) of Sri Lankans abroad.

As of the time of Rizana Nafeek’s execution, at least 45 other foreign domestics, most of them Indonesians, were also awaiting execution on Saudi Arabia’s death row.

* Ill treatment of migrant domestic workers is a phenomenon elsewhere in the Middle East, and elsewhere around the world.

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1980: Erdal Eren, leftist student

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On this date in 1980, 17-year-old Turkish student radical Erdal Eren was hanged as a terrorist by the military regime.

Eren (Turkish Wikipedia link; most other links here are also in Turkish) was one of about 50 people executed following the military coup of September 12, 1980.

After a decade of bloody left-right civil strife, the Turkish generals toppled the civilian government on that date. Hundreds of thousands of arrests with rampant torture marked the period, but it did quell the endemic street fighting and terrorism of the 1970s.

Erdal Eren was actually arrested during the chaotic pre-coup period. February 1980 student protests after the murder of Sinan Suner, an activist of the communist Patriotic Revolutionary Youth Association, turned into a melee that resulted in an officer shot dead under confused circumstances. Eren was among 24 students rounded up.

Despite his youth, Eren was sentenced to die in a March 19 trial — but his appeals had legs until the post-coup military junta abruptly sent him to the gallows on December 13.

Eren went to his death with a brave step, gamely writing his family that he had witnessed so much torture in prison that death was a relief and not a terror.

He’s very warmly remembered today. A number of cultural artifacts pay tribute to the young martyr, including two different songs (“Two Children”, “Seventeen”) by Teoman, a relative of Erdal Eren’s.

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1957: Jorge Villanueva Torres, Monstruo de Armendáriz

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On this date in 1957, Jorge Villanueva Torres was shot in Lima, Peru as the notorious “Monstruo de Armendáriz”.

Except Jorge Villanueva Torres wasn’t actually the monster. His case is well-known in Peru but less so beyond, and all links in this post are to Spanish pages.

Villanueva’s hasty transmogrification began on the ninth of September 1954, when headlines announcing the discovery of a dead three-year-old child near Lima commenced a national crime hysteria. Authorities surmised that the little boy had been raped, too.

Vague eyewitness fixing on the suspect’s height and dark skin* brought many arrests of people fitting these loose criteria. Villanueva, a career petty criminal, fit that bill; when police announced him as the suspect, he became the object of his countrymen’s hatred.

Convicted in an atmosphere of prejudicial hysteria on the strength of eyewitness testimony loosely matching him to someone who might have given the victim a sweet to lure him off, Villanueva exploded with rage, even attempting to attack the judge. Naturally this only served to further implicate him as an uncontrollable beast — not as a falsely accused man pitiably near the breaking-point after two years as a nation’s scapegoat.

Villanueva asserted his innocence all the way to the fatal stake.

Those futile protestations are today widely accepted as true. There was little firm evidence against him and even the contemporary autopsy ruled against the incendiary child-rape allegation. Later forensic investigations have suggested that the poor child might simply have been the victim of a hit-and-run car accident. The mingled torments of guilt and relief in such a motorist as the matter played out must have been profound.

This case remains in present-day Peru a standing warning against occasional attempts to reintroduce the death penalty in response to the outrageous crime du jour. (Peru abolished the death penalty for all peacetime offenses in 1979.)

The Peruvian band Nosequien and Nosecuantos muses on the injustice in a single that shares its title with Villanueva — “Monstruo de Armendáriz”.

Whomever was the true “monster” — and whatever that person’s true measure of monstrosity — has never been known.

* Racism in Peru against black skin was then and remains today endemic.

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1644: Goodwife Cornish

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

Sometime in December 1644 in Maine, one Goodwife Cornish was executed for the murder of her husband, Richard Cornish. Her first name has been lost to history.

The couple had married in the town of Weymouth in the Massachusetts Bay Colony in 1634. It was a match made in hell.

According to Daniel Allen Hearn, writing of this case in his book Legal Executions in New England, 1623-1960, Richard Cornish was “a tireless worker” but his wife as “a woman of loose habits.”

The couple moved north to the settlement York in modern-day Maine in 1646, and “Goodwife Cornish wasted no time in reestablishing her notoriety.”

In 1644, Goodman Cornish’s body was found floating in the York River. He’d been killed in an unusual way: impaled on a stake, then placed in his canoe, which was weighted with stones. As Hearn records:

A cry of murder was raised. The sensational news swept the town and surrounding countryside. Had hostile Indians killed Richard Cornish? Probably not. Although the man’s skull had been crushed as if by a war club no one could imagine an Indian being so wasteful as to purposefully sink a good canoe. Such a craft would have been desirable plunder to an Indian. Moreover, what Indian, it was asked, would squander precious time by weighting down a canoe when he could be making good his escape? For these reasons it was determined that the murder of Richard Cornish was the work of some crafty white person. Suspicion fell upon the wife of the decedent. She had openly despised her husband. She was also rumored to have committed adultery.

Goodwife Cornish, when questioned, denied having murdered her husband.

But she admitted to multiple extramarital affairs and named her latest boyfriend as Edward Johnson. The authorities subjected both of them to “trial by touch,” acting on the old superstition that a murdered person’s corpse would bleed if the killer touched it.

When Goodwife Cornish and Goodman Johnson were brought before Richard Cornish’s body and made to touch it, blood supposedly oozed from his wounds. The ensuing trial, Hearn says, was “a farce.”

Much was made of Goodwife Cornish’s infidelity, but the only actual “evidence” against either her or Johnson was the fact that they’d both flunked the touch test. “It was reputation more than anything else,” Hearn notes, “that counted against Goodwife Cornish.”

Johnson was ultimately acquitted, but Goodwife Cornish was convicted of murder and condemned to die. Having maintained her innocence to the end, she was hanged in York.

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1427: Johann Bantzkow, Mayor of Wismar

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On this date in 1427, the merchant-mayor of Wismar was beheaded — the incidental casualty of a Baltic trade war.

The Hanseatic League, that vast trading cartel stretching from Europe’s Low Countries in the west to Novgorod in the east, was in its glory at the start of the 15th century. The Hanse dominated Baltic trade.

Its major rival was Denmark, which had brought most of Scandinavia together in the Kalmar Union.


Map of the Hanseatic League at its apex, circa 1400. (Via Wikipedia)

Come the 1420s, the Danish monarch was Eric of Pomerania, a handsome and headstrong king. He would come to blows with Hanse cities over the Duchy of Schleswig.

Schleswig is the “neck” of Denmark’s Jutland peninsula. In the present day, the German-Danish border splits Schleswig horizontally: north Schleswig is Danish soil; south Schleswig, German.

To summarize a complicated history, the historical Duchy of Schleswig was long a bone of contention between the pre-modern precursors of those current states. Since Germany was very far from a unitary entity where we lay our scene in the 15th century, Denmark’s immediate rival for Schleswig was that territory’s southern neighbor, Holstein. Eric had fought intermittently in the 1410s and 1420s against the counts of Holstein over who controlled what and upon what terms in south Jutland.

After securing a legal ruling favorable to his claims from the Holy Roman Emperor, Eric in 1426 began enforcing his rights by force.

Holstein in turn sought aid from Hanseatic towns many of whom — wary of Denmark as a rival to its Baltic trading stranglehold — did indeed enter the fray on the side of Holstein. Hanseatic ships began raiding southern Denmark in the spring of 1427.

Wismar, a Hanse wool-trading port just a few kilometers outside of Holstein, was one of these cities. Johann Bantzkow (German link), its merchant ruler, supplied some 200 sail for the Hanseatic flotilla.

Unfortunately for the Hanse, and for Bantzkow, the Danes proved to have naval superiority and dealt a crushing defeat to the Hanseatic fleet on July 11, 1427 — then once again on July 25. A number of Wismar ships were captured in the process.

Public anger in Wismar was intense. That city had seen its own social conflicts in the generations preceding between the town’s patricians and its guilds; now popular anger over the souls lost at sea caused Bantzkow’s fellow-mayor Hinrik van Haren to be slain by the mob. Bantzkow himself was condemned judicially, and his influential family could not manage any better succor than a death by the sword instead of the horrible prospect of the breaking-wheel. Claus Jesup (German link), a leader of guilds, made himself mayor of a rearranged political order.

The prospective realignment was itself reversed in 1430, and the re-established magnates put up a Bantzkowsche Sühnekapelle (German again), or Bantzkow Penance Chapel, to atone for the unjust beheading. Regrettably, the chapel was demolished in the 19th century.

Given setbacks at sea, Holstein and its remaining Hanseatic allies focused on actual conquest in Schleswig, and with much better success. Eric was eventually forced after great expense to sue for a costly stalemate,* an affair which helped to undermine Eric’s own hold on power until he was finally deposed in 1440.

However, Eric’s success on the seas — and his urgent need for funds — led to his establishing Denmark’s Sound Dues on 1429, collecting lucrative tolls from all foreign ships sailing between the Baltic Sea and the Kattegat.** This tax would remain a pillar of the Danish state well into the 19th century, at times providing up to two-thirds of the government’s operating income.

A new Hanse was re-founded in 1980 as a cultural exchange network among the historic cities of the federation.

* Control of Schleswig-Holstein never was definitively resolved, and it re-emerged as a famously devilish diplomatic problem in the 19th century — prompting Lord Palmerston to remark that “only three people … have ever really understood the Schleswig-Holstein business — the Prince Consort, who is dead — a German professor, who has gone mad — and I, who have forgotten all about it.”

** It’s thanks to Sound Dues that Elsinore, the main tolling point, got big and rich enough for Shakespeare to set Hamlet there.

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1752: James of the Glen

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On this date in 1752, the Scotsman Seamus a’ Ghlinne mounted a gallows above the narrows at Ballaculish with the reproach of Psalm 35 for his persecutors:

False witnesses rose; to my charge things I not knew they laid.
They, to the spoiling of my soul, me ill for good repaid.

Seamus a’Ghlinne — James of the Glen, or just James Stewart — had come there that day to die for the ambush murder of Colin Roy Campbell.

The victim was stock of Clan Campbell, one of the largest Highland clans and one whose loyalties to England’s Hanoverian kings were being richly rewarded.

The Stewarts, who had backed the recent ill-fated Jacobite rebellion in favor of the exiled pretender Bonnie Prince Charlie, were in the opposite predicament.

Colin Campbell was said on that fatal May 14 to be en route to expel the Stewarts from the village of Duror so that Campbells could move in. But even Campbell’s everyday job of extracting resentful rents from estates repossessed from Jacobite sympathizers would have turned many a murderous eye his way.

Someone that day shot Colin Campbell in the back from wooded cover, then vanished, murderous eye and trigger finger and all, never to be never apprehended. So they got James Stewart to answer for it instead.

This wasn’t a tragic case of well-intentioned police developing tunnel vision on the wrong suspect so much as repaying tit for tat in a family feud. The trial was held at the Campbells’ Inverary Castle. Its presiding judge was the Campbell alpha male, the Duke of Argyll. Eleven more Campbells sat on Stewart’s jury. But then, from the Campbells’ side, or London’s for that matter, what was to say that this one murder might not be the germ of a new rebellion if not ruthlessly answered?

Still, there was “not a shred of evidence,” says present-day Glasgow barrister John Macauley, who is pushing for an official reversal of the verdict. “The whole thing from start to finish was a farce.” (Judge for yourself here.)

James Stewart was, however, the foster father of a man who actually was suspected of firing the shot, Allan Breck Stewart, a former Jacobite fighter who had returned from exile in France to collect rents for the Stewarts. Known to have threatened the Campbells previously, Allan was also tried and condemned to death — but only in absentia, since he suspiciously fled to France immediately after the so-called Appin Murder.

Many years later, Robert Louis Stevenson would use this dramatic crime, and Al(l)an Breck’s flight to safety, in Kidnapped. “I swear upon the Holy Iron I had neither art nor part, act nor thought in it,” Stevenson’s Alan says to the fictional protagonist in the novel, just after both have witnessed the murder.

And in reality, Alan too is thought by those who know the case to be clear of guilt in the matter. The Stewart family reputedly knew all along which of their number was Campbell’s real killer, but refused to give him up and kept the family secret for generations. It’s even said that that man had to be forcibly held down on execution day to prevent him giving himself up.

To judge by the most recent research, that man was likely Donald Stewart, the son of Stewart of Ballachulish and the best shot among a group of several young hotheads who resolved together to slay the Campbells’ hated Factor. The conspiracy also goes as the reason — or at least excuse — for keeping Donald silent, since in giving himself up he might see all four of them to the gallows. The late Lee Holcombe makes a comprehensive case for Donald Stewart as the gunman in the 2004 book Ancient Animosity: The Appin Murder and the End of Scottish Rebellion; Donald Stewart was also fingered publicly in 2001 by a matriarch of the Stewarts of Appin, though others of her family have not publicly confirmed that that’s the secret name.

James Stewart’s decaying corpse remained gibbeted on the spot of his execution for 18 months after, a rotting warning to the Stewarts or any late Jacobites. In 1754, a local halfwit called “Daft Macphee” finally tore down the gallows and threw it into Loch Linnhe … but its former position overlooking the modern Ballachulish Bridge is still marked by a mossy stone monument to James of the Glen, “executed on this spot Nov. 8th 1752 for a crime of which he was not guilty.”

A Few Books About the Appin Murder

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1435: Agnes Bernauer

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On this date in 1435, the Duke of Bavaria-Munich had his son’s commoner mistress drowned.

Agnes Bernauer (English Wikipedia link | German) was supposed to have been the daughter of an Augsburg barber, though hard details about her life are hard to come by owing to her social class.

By 1432, she’s demonstrably a part of the Munich court; it’s thought that the prince Albert (the future Duke Albert III) must have met her at an Augsburg tournament in 1428.

The nature of her relationship to the Bavarian heir, too, must largely be guessed at. It’s been widely hypothesized that they might have married secretly.

Such a marriage might explain the shocking end to the Agnes-Albert relationship by situating it as a threat to dynastic succession: Albert was Ernst’s only legitimate son, and the Bavarian patrimony had been subdivided and fought over among Wittelsbach kin over the preceding decades.

Whatever the reason, Ernst took the disapproving (maybe) in-law act quite a lot farther than most. While Albert was out on a hunt, Ernst had Agnes seized, condemned for witchcraft, and executed by drowning in the Danube River on Oct. 12, 1435.

Upon hearing of the death of his beloved, Albert bitterly deserted his father for Ernst’s cousin and rival Louis VII, Duke of Bavaria-Ingolstadt. The prospect of capping domestic homicide with civil war loomed for several months until father and son were reconciled — and one must guess, once again, at how that conversation went. Albert endowed a perpetual mass for Agnes which is still said annually. A Bernauer chapel containing a tomb relief of Agnes, erected as an apology by Duke Ernst, remains a tourist draw in Straubing.

The star-crossed love of Agnes and Albert has proven irresistible to the arts over the centuries, with a special boom in the Romantic era.

King Ludwig I of Bavaria composed a poem in her honor; several 19th century stage tragedies (most notably that of Friedrich Hebbel) explore the story; and Carl Orff made it into an opera, Die Bernauerin.

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1968: Pierre Mulele, hoodwinked

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On this date in 1968,* Congolese revolutionary Pierre Mulele was shot by firing squad in Kinshasa.

The anti-colonialist (French link) Mulele served as Minister of Education in the leftist government of Patrice Lumumba, overturned by a western-backed coup in 1961.

Trained up in Maoist doctrine in China, Mulele took to the country to launch a strange insurrection from Kwilu, then fled to neighboring Republic of the Congo (aka Congo-Brazzaville, after its capital city) when that project collapsed.

Mulele was lured back to his home Congo in late September of 1968 under an amnesty extended by the Mobutu regime.

In retrospect, it might have been better not to trust Mobutu.

Foreign Minister Justin Bomboko … personally escorted the former rebel across the Congo River from the neighboring Congo Brazzaville, while Mobutu was on a private visit to Morocco. On his arrival, Mulele was feted over champagne and caviar. But Mobutu had hardly returned to Kinshasa when he announced that Mulele was not covered by the amnesty and that he would be tried as a war criminal.

He got a 15-hour military trial on October 8, with execution the very next day. Though the press reports aver merely that he was shot, Michela Wrong’s In the Footsteps of Mr. Kurtz: Living on the Brink of Disaster in Mobutu’s Congo** reports a quite more grisly spectacle.

tortured to death by soldiers. His eyes were pulled from their sockets, his genitals ripped off, his limbs amputated one by one as he slowly expired. What remained was dumped in the river.

That sounds … unsanitary.

As a result of this state perfidy — “an act of kidnapping and of international piracy” against an “authentic heir to the ideal which inspired Patrice Lumumba,” in the undiplomatic official statement† — Congo-Brazzaville broke off diplomatic relations with Congo-Kinshasa.

* Some sources have Mulele’s execution on Oct. 3, but the contemporary newspaper reports make clear that Mulele was tried on the 8th and shot on the 9th. Oct. 3 appears to be the date Mobutu publicly announced that Mulele would not be covered by amnesty.

** This site has been in the footsteps of Mr. Kurtz as well.

† London Times, Oct. 10, 1968.

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