1865: William Grant, evidently a ringleader, a persuader, and adviser

The account below of a forgotten saddler hastily attainted a participant “in the background” in the Morant Bay rebellion comes from Illustrations of Martial Law in Jamaica: Compiled from the Report of the Royal Commissioners, and Other Blue Books Laid Before Parliament.


Another victim was William Grant, saddler, of Morant Bay. The following record of the proceedings in his case is probably unique in the history of judicial or quasi-judicial investigations :—

October 20th, 1865.
Drum-head Court Martial.

President:—Lieut. H. Brand, E.N.
Members:—Lieut. Errington, K.N., Ensign Kelly, 4th W.I.R.

William Grant, charged with being one of the ringleaders and originators of this rebellion.

The Provost sworn states :—

About four or five days ago I was informed that this man was the originator and founder of the party who raised the rebellion, that he was not likely to be seen himself, but makes the others. He keeps a saddler’s shop, where the secret meetings took place. On the road from St. Thomas-in-the-East to the Guinness (Ginnep) tree, where placards had been posted, calling secret meetings, I searched the house of Chisholm, also a confederate, and in the presence of Mr. Jones, E.A., I took a blue card, as an admission ticket to a Society of Friends, printed William Grant, Founder. That card I sent to the Governor.

The prisoner Duncan Stuart, in his defence, when called upon by Captain Astwood, voluntarily made this statement. He had previously made it in the presence of Mr. Miller, J.P., whose signatures I here produce. “Grant called Bogle at Dr Alveranga’s, and said, ‘Don’t pull this down, wait a little, don’t join with the Volunteers, when you see what they do, run in.’ Grant said, ‘Now is the time to vindicate.’ ”

Mr. Miller, Justice of Peace, for St. Thomas-in-the-East, sworn:—

That statement was voluntarily given and sworn to before me.

Geo. F. Judah, Sergeant-Major of Volunteers:—

I gave the prisoner my rifle to repair on the morning of the riot, and he has kept it, and I have never seen it since.

The prisoner in his defence merely states that he never knew anything about the riot before it actually broke out. He has acknowledged to having corresponded with Mr. Gordon, but that, he states, was quite private, about some land.

This man was evidently a ringleader, a persuader, and adviser, and did his utmost to keep in the background and push the ignorant on to rebel.

Found Guilty, October 20th, 1865. Sentence, Death.

H. Brand, President,
Lieutenant E.N.
Approved and confirmed,

A. A. Nelson,
Brig. Genl. Commanding Field Force.

[The proceedings of the Courts-martial were retained by the Commissioners, and they refused to exhibit them to the Counsel for the parties complaining of the measures of suppression. General Nelson and others were therefore not cross-examined in reference to these trials.]

The first witness, Ramsay, the Provost-Marshal, told the Court only of what he had been informed — the great crime of the prisoner apparently being that he was the founder of a Society of Friends, and had actually a blue card of membership in his house.

The witness, Duncan Stewart, was not called. He had already been tried and was under sentence of death, and was duly hanged the same evening along with Grant. (See List). A so-called statement of this man was produced in writing. It will be noticed he spoke only of “Grant” having used certain words. Three Grants were hung at Morant Bay, and a William Grant was convicted by a Special Commission at Kingston, while the Royal Commissioners were sitting, and sentenced to penal servitude for life. It is clear from the evidence then given that the William Grant alluded to by Duncan Stewart was the one who was then sentenced. John Dickenson, on being examined by the living William Grant at that trial said:— “There was a William Grant, a saddler, who is hung. You are left. You are the man.” (No. 355 of Papers laid before the Royal Commissioners by Mr. Eyre).

Ramsay had evidently a strong interest in the conviction of this prisoner. He sent the following letter to Captain Luke, on 16th October, 1865:— “I also personally apprehended William Grant, the founder of the Society of Friends. I hope I may not be thought seeking for pecuniary benefit alone in claiming the rewards for information against G. W. Gordon at large, seizure of Chisholm, Grant, and Miles.”

Brand, the President of the Court-Martial, seems to have felt the evidence was weak, and he supplemented it by the following statement of his own. “This man was evidently a ringleader, a persuader, and adviser, and did his utmost to keep in the back ground and push the ignorant on to rebel.” The Judge having thus convinced himself, by his own conclusive testimony, adds “Found guilty. Sentence, death,” and, as a matter of course, the experienced officer of Her Majesty’s Service, who was the revising officer, adds:—”Approved and confirmed. A. A. Nelson, Brig.-Genl., Commanding Field Force, Morant Bay, 20th October, 1865.”

It is unnecessary to add that in the list of the executed is to be found the name “William Grant, under date of the 20th October. Charge, ringleader of rebellion!”

On this day..

Daily Quintuple: The Morant Bay rebellion

In 1865, British-controlled Jamaica faced an economically-driven revolt that altered its history.

Though slavery had been abolished in the British empire during the 1830s, emancipation had not come with land reform. Ex-slaves and their descendants remained desperately poor. Indeed, Britain’s near-simultaneous liberalization of the sugar trade had cratered prices for Jamaica’s top export — and with it, cratered most of the Caribbean economy.

To a petition early in 1865 for access to crown lands to relieve these dire conditions, Queen Victoria had extended a familiar classic of cruel and condescending economic catechism: shut up and work.

“The prosperity of the Labouring Classes, as well as of all other Classes,” quoth the piece that would be published as “The Queen’s Advice”,

depends, in Jamaica, and in other Countries, upon their working for Wages, not uncertainly, or capriciously, but steadily and continuously, at the times when their labour is wanted, and for so long as it is wanted; and if they would use his industry, and thereby render the Plantations productive, they would enable the Planters to pay them higher Wages for the same hours of work than are received by the best Field Labourers in this country; and as the cost of the necessaries of life is much less on Jamaica than it is here, they would be enabled, by adding prudence to industry, to lay by an ample provision for seasons of drought and dearth; and they may be assured, that it is from their own industry and prudence, in availing themselves of the means of prospering that are before them, and not from any such schemes as have been suggested to them, that the must look for an improvement in their condition; and that her Majesty will regard with interest and satisfaction their advancement through their own merits and efforts.

So your average Jamaican fieldhand’s “merits and efforts” became so much dry tinder accumulating, just waiting for the spark. (Note: Princeton has an album of photographs from this period here.)

In October 1865, flint struck steel with the prosecution of a poor black laborer for trespassing onto unused land.

The ensuing protest mushroomed into the Morant Bay rebellion: a scuffle with police, leading to proscriptions, leading to a more confrontational mob, an outnumbered and trigger-happy militia, and a full-fledged riot that seized the town of Morant Bay and proceeded to attack nearby plantations.

Dreadful reports, more terrifying for their scantiness and uncertainty, went abroad in those days, of “atrocities revolting to human nature.” That’s the New York Daily News, which ran a letter from Kingston, Jamaica, reporting “the whites who have fallen into the hands of these savages have been doomed to slaughter without distinction of age or sex. They tear out the tongues of their victims, cut off the breasts of women, strangle and mutilate little children.”*

Fearing a Haiti-like general revolution, Jamaican Governor Edward John Eyre — once an Australian explorer, which is why you can find his name on a New South Wales wine label — bloodily crushed the uprising.

Hundreds were put to death, either summarily in the field or after proceedings that would have wanted twice the deliberation to rise to the level of perfunctory. Hundreds more, including pregnant women, were flogged. Being in the wrong place at the wrong time without a demonstrable alibi ready to hand was liable to be worth a body’s life.

We note over the next five days two famous cases and three obscurities that may give a sense of how things were in those days — though Morant Bay depredations could in fact sustain several numbing weeks in these pages. For instance, a missive dated October 19 reports in passing the capture of “a number of prisoners from the rebel camp. Finding their guilt clear, and being unable either to take or leave them, I had them all shot. The constables then hung them upon trees, eleven in number.”

One officer** who showed excessive (read: any) exactitude for process was ordered in writing to emulate a comrade “doing splendid service … shooting every black man who cannot account for himself.”

Nelson at Port Antonio hanging like fun by court martial. I hope you will not send any black prisoners.

All this “fun” would put Governor Eyre in the eyre of a storm back in the home country.

These executions — but most especially that of colonial assemblyman George William Gordon — had little or no color of law, and spurred many English liberals to demand Eyre himself be prosecuted for murder. Nor was this merely an elite predilection: English working classes then in the midst of their own push for representation rallied in support of the Jamaicans, even burning Gov. Eyre in effigy. British Tories and propertied Jamaicans called Eyre a hero.

Ultimately, this furious “Eyre Controversy” proved insufficient to generate an actual criminal procedure against an agent of the empire, which would have entailed clearing a very high bar indeed. Recourse to the civil courts produced a landmark 1870 decision, Phillips v. Eyre whose upshot was to validate a law Eyre had the Jamaican assembly hastily enact retroactively legalizing his behavior and thereby rule out the prospect of a tort claim.

That Jamaican assembly was spooked enough that in 1866 it renounced its own power and made Jamaica into a Crown Colony directly governed by its British executive.

But if the need of the moment was to suppress the uprising, the need of history was to celebrate it — and the hero for posterity would not be Governor Eyre. The Morant Bay insurgents, a bare few of whom we will meet over the next days, have been valorized as slave rebels even if they weren’t quite literally slaves, and generally occupy an honored place in Jamaica.

* Cited in London Times, Nov. 13, 1865 — by which time the actual revolt was well over.

** That reluctant officer complied with his orders, but threw himself into the sea when recalled to England for subsequent the parliamentary inquiry.

On this day..

1749: Bosavern Penlez, whorehouse expropriator

To the memory of the unfortunate
BOSAVERN PEN LEZ
Who finished a Life, generall well reported of,
By a violent and ignominious Death.
He was the Son of a Clergyman,
To whom he was indebted for an Education, which he so wisely improv’d
As to merit the Love and Esteem of all that knew him.
But actuated by Principles, in themselves truly laudable
(When rightly directed, and properly restrain’d)
He was hurried by a Zeal for his countrymen,
And an honest Detestation of Public Stews
(The most certain Bane of Youth, and the Disgrace of Government)
To engage in an Undertaking, which the most Partial cannot defend,
And yet the least Candid must excuse.
For thus indeliberately mixing with Rioters, whom he accidentally met with,
He was condemn’d to die:
And of 400 Persons concerned in the same Attempt, he only suffer’d,
Tho’ neither Principal, nor Contriver.

How well he deserved Life, appears
From his generous Contempt of it, in forbidding a Rescue of himself;
And what Returns he would have made to Royal Clemency,
Had it been extended to him, may fairly be presumed
From his noble Endeavours to prevent the least Affront to that Power,
Which, tho greatly importun’d, refused to save him.

What was denied to his Person, was paid to his Ashes,
By the Inhabitants of St. Clement Danes,
Who order’d him to be interr’d among their Brethren,
Defray’d the Charges of his Funeral,
And thought no Mark of Pity or Respect too much
For this Unhappy Youth,
Whose Death was occasioned by no other Fault
But a too warm Indignation for their Sufferings.

By his sad Example, Reader be admonish’d
Of the many ill Consequences that attend an intemperate Zeal.
Learn hence to respect the Laws — even the most oppressive;
And think thyself happy under that Government
‘That doth truly and indifferently administer Justice,
‘To the Punishment of Wickedness and Vice,
‘And to the Maintenance of God’s True Religion and Virtue.’

On this date in 1749, Bosavern Penlez — surely one of the all-time great names to hang on a gibbet — was put to death to the sorrow of all of England. You know how they say that horse thieves are not hanged for stealing horses, but that horses might not be stolen? Bosavern Penlez was hanged that whorehouses might not be torn down by mobs of angry sailors.

(Fourteen other less remarkable folk were hanged for less remarkable crimes at the same time. Just another mass execution day at Tyburn.)

A petition of over 300 St. Clement Danes residents for sparing the two men condemned in the riots. (From the General Advertiser, Oct. 11, 1749.) John Wilson received the solicited pardon; Bosavern Penlez did not.

On the first three days of July in 1749, the Strand in London saw a running series of riots after a mob of angry sailors descended on a whorehouse where some of their brethren had been robbed and abused. Those sailors pulled down that bordello and then moved on to the nearby bawdy-houses, eventually also ransacking the Star Tavern owned by a character named Peter Wood.

Gendarmes had to be called out to control the situation (and this done without proper legal authorization), but somehow not the mob’s ringleaders nor its inciters nor its most enthusiastic wreckers wound up in legal jeopardy.

Only two faced death: John Wilson, a journeyman shoemaker. And Bosavern Penlez, a young wig-maker who’d been out drinking in the neighborhood. And both of these seemed to have just been caught up accidentally or opportunistically in events.

They were comprehensively damned by the testimony of Peter Wood, the aggrieved procurer of Star Tavern, and his wife — disreputable people of whom a neighbor remarked, “I would not hang a dog or a cat upon their evidence.” But then, besides the eyewitness testimony, Bosavern Penlez was also apprehended with a bundle of linens he had evidently liberated from the Wood’s devastated cathouse, linens whose source he unconvincingly claimed not to remember. So the picture one has is that Wilson was perhaps little more than a passerby … but Penlez was a distinct, if minor, participant who could more or less be shown to have got himself tanked and treated the mayhem like it was a gift certificate to Bed, Bath & Beyond.

Not exactly saintly but also not a cardinal sin. Public sentiment for these fellows’ clemency was intense, starting right with the jury that convicted them but also recommended mercy.

Only Wilson was spared, however.

According to the Newgate Calendar, George II was mightily disposed to pardon both, but justice John Willes, who heard the case personally, vigorously opposed the royal mercy for “no regard would be paid to the laws except one of them was made an example of.”

Penlez, in the end, was the one made example of.

His hanging this date in 1749 would bleed into an election held later that same autumn, almost dealing a serious setback to the sitting Pelham government. Those events are detailed in Malvin Zirker’s introduction to this out-of-print volume.

And the resultant fusillade of pamphlets and public protests asserting a maximalist take on Penlez’s purity induced novelist Henry Fielding to enter the fray with a manifesto of his own strongly supporting the young man’s execution.

Readers of Fielding’s fiction might start at the rigidity of his editorial line.

Penlez’s defenders couldn’t really argue that he was completely innocent. Still, they contested the justice of the death penalty for such a character whose involvement in the whole thing was so tertiary and happenstance, not to mention influenced by drink. Doubly so that it was attested by the word of such a villain as Peter Wood. In the words of one pro-Penlez polemic, Wood would “run at every one, like a mad Dog, … indifferent who it was he hang’d by his Oath.”

Fanny Hill author John Cleland entered the fray on the side of the accused; his The Case of the Unfortunate Bosavern Penlez is aghast at “shedding the Blood of this young Man for the Example-sake … such a Severity being too much for the Nature of the Guilt actually chargeable on him, [and] will serve rather to confound and destroy all Ideas of Right and Wrong.”

Penlez was convicted not as a thief — which charge would have given the jury leave to find that the value of his linens amounted to less than the threshold necessary to hang him — but under the Riot Act which directly mandated death for “unlawfully, riotously, and tumultuously assembled together, to the disturbance of the publick peace.” Wood’s eyewitness testimony to the effect that Penlez (and Wilson, too) smashed up windows and furniture in his house and threatened him was essential to establishing a part in the tumultuous assembly.*

As this level of guilt was popularly doubted, our friend Henry Fielding — himself the very magistrate** who had engineered the suppression of the disturbance, having returned on the third day of it from a weekend away from London — took up his pen post-hanging to support the government’s handling of Penlez from arrest all the way to the scaffold. His A True State of the Case of Bosavern Penlez produces the witness accounts sworn before him as magistrate during the riots themselves, and reproves those Penlez supporters whose anger at his execution made the “malefactor” into “an object of sedition, when he is transformed into a hero, and the most merciful prince who ever sat on any throne is arraigned of blameable severity, if not of downright cruelty, for suffering justice to take place.”

If, after perusing the evidence which I have here produced, there should remain any private compassion in the breast of the reader, far be it from me to endeavour to remove it. I hope I have said enough to prove that this was such a riot as called for some example, and that the man [Penlez] who was made that example deserved his fate. Which, if he did, I think it will follow, that more hath been said and done in his favour than ought to have been; and that the clamour of severity against the government hath been in the highest degree unjustifiable.

* The Ordinary of Newgate reported that Penlez, who long remained cagey on the point, admitted in the end entering the bawdy-house during the riot, but disavowed any attack upon its owner. Wilson, for what it’s worth, always denied having entered the house and insisted Wood had misidentified him.

** Henry Fielding was the half-brother of magistrate and policing pioneer John Fielding. The Fieldings’ mutual roles in the creation of London’s first professional investigators to supplant the problematic “thief-taking” system of private, rewards-driven prosecution, is the subject of The First English Detectives: The Bow Street Runners and the Policing of London, 1750-1840.

On this day..

1891: William Rose

On this date in 1891, William Rose was hanged — and, when the rope snapped, hauled back up and hanged again — for murdering his feuding neighbor Moses Lufkin in Redwood County, Minn.

The scaffold botch was an apt conclusion to a deeply controversial case. Two juries hung (both leaning towards acquittal) before a third trial finally convicted Rose with the help of new eyewitness testimony that wouldn’t inspire much confidence now — and didn’t even back then.

Lufkin had been shot through a window at night — this is according to that questionable eyewitness testimony — by an unknown assailant who then fled. Connecting Rose to the murder required stitching together circumstances: Rose’s known hatred for Lufkin; the want of an alibi; the fact that he’d recently bought some ammunition. Rose protested his innocence from start to finish, and many people believed him.

In a letter published by the St. Paul Weekly Pioneer Press on Oct. 15, Rose accused that very witness of the murder: Lufkin, who was loathed by many besides Rose, had been living with the witness; said witness also knew Lufkin had cash on hand from a pension payment and the sale of his farm. Rose even repeated this accusation at the gallows.

The contentious proceeding — “one of the most remarkable cases known in the history of the State of Minnesota,” in the words of one contemporaneous report* — has been revived for a present-day audience in Patricia Lubeck’s new book, Murder in Gales: A Rose Hanged Twice. Lubeck and her friend and research assistant Michelle Gatz combed through original trial transcripts and newspaper coverage, and it left the author “pretty sure that William Rose didn’t do.”

Lubeck (author website) is the curator of Redwood County Museum, which still preserves the jail cell where Rose spent his last night on earth. She was gracious enough to share her research with Executed Today. (Other interviews with Ms. Lubeck are here and here.)


Patricia Lubeck. (Photo courtesy of Ms. Lubeck.)

Murder in Gales: A Rose Hanged Twice book coverET: First off, how did you come by this story and what made you decide to devote a whole book to it?

PL: Kind of by a fluke. I came across it at the Minnesota History Center; I was helping my friend research.

When I worked at Yellow Medicine County, I researched the first man hanged in that county and became interested in early crime in southwestern Minnesota. At one point, the archivist at the Minnesota History Center brought out several boxes of court transcripts from trials. I was perusing through several cases when I came across the Lufkin vs. Rose case, and it looked very interesting.

So, William Rose and Moses Lufkin were neighbors and foes. What was the nature of their enmity — how did it get started?

They were two families who settled in southwest part of Minnesota in the late 1800s and they were friendly neighbors in the beginning. But soon petty differences arose, and the quarreling increased in bitterness from year to year.

Then a new element came into the picture when William Rose fell in love with Lufkin’s beautiful daughter Grace, and her father put a stop to the romance. This sparked the feud and lawsuits.

I think because of that feud, when Lufkin was murdered, the community kind of thought that maybe Rose did it.

The problem of the dicey sufficiency of the evidence was at the heart of the case at the time — in trial, on appeal, in the court of public opinion. Does this case have any lessons for thinking about the wrongful-conviction phenomenon here in the 21st century? Or what else do you hope the reader will take away from your book?

I guess I was just really outraged by what William Rose went through, and I felt like I was the voice for Rose. This is a story that not many people know about; it was not just a cut-and-dried case and there were a lot of factors involved. I just want people to know that there were many other possible suspects that could have done it, but that he, Rose, was the one who paid for the crime.

And I still feel that somebody has the missing piece, and somebody may come forward to exonerate Rose. I would like anyone who has information about this case to contact me by mail at: Box 52, Belview, MN 56214.

They had to try him three times to get the conviction, and the case was unusually protracted and controversial. Was there any legal chicanery involved in accomplishing the guilty verdict? By the standards of the time were there any areas where the courts clearly dropped the ball legally?

Another man who lingered alone [after Rose’s funeral] was ol’ man Slover … [who] proclaimed to those still standing at the gravesite, “Gentlemen, this is awful.”

“It certainly is,” replied [Rose’s friend] John [Averill]. “Are you sure you’ve got the right man?”

Slover replied, “I don’t know, John, but I hope so.”

-from Murder in Gales

The difference in the third trial was that Eli Slover came forward and said he was sure that it was William Rose who shot the gun. He had testified at the previous two trials that he wasn’t sure at all … and the shooter was someone he supposedly saw from the back, in the dark, so how would he be sure?

The prosecutor, Michael Madigan, was suspected of meeting with certain witnesses prior to their testimony; coaxing them and possibly even bribing them to give the testimony he wanted in order to bring in a conviction against Rose. I think that the prosecutor wanted to bring in a guilty verdict, and he persuaded Eli Slover to say that William Rose was the one that he saw that night, running away. Later on, this prosecutor got in trouble himself. He went to prison and got disbarred for perjury in 1893.

William Rose on the gallows accused Slover by name as the murderer; Lufkin had moved in with the Slovers and recently sold his farm, so the Slovers knew he had cash on him. He [Slover] is one of a number of other possible suspects I list in the book. This Lufkin guy was a bad man; he himself always stated he would die a violent death.

But at the time that William Rose was facing his trials, there was another murder that happened around the same time period in Redwood County — Clifton Holden, who killed Frank Dodge. People were shocked to have two murders in their midst, after having had a couple of other homicides in the recent past,** and there was a danger that Holden and Rose could have been lynched. At the time, the press and public sentiment cried out for a conviction, and the county was becoming burdened by the costs of trials and so a guilty verdict was found. Holden was also sentenced to hang, but at the 11th hour, Gov. Merriam reduced the sentence to life in prison.


Although memory of these sad events have faded, they were talked-about in the area for years after William Rose’s hanging. “Time and again,” said one newspaper account Lubeck quoted, “has some cute individual started the story that Will Rose was innocent.” There were even confused local rumors that Slover had made a deathbed confession from his later residence in Oregon.

“These events brought home to the people of Minnesota the the truth that the prevailing system during the 1800s, of executing criminals, was radically, morally, and terribly wrong,” Lubeck argues.

William Rose was the only person ever executed in Redwood County. Minnesota abolished the death penalty full stop in 1911.

* St. Paul (Minn.) Daily News, Oct. 15, 1891

** The Marshall (Minn.) News Messenger harrumphed on Nov. 30, 1888, shortly after Rose’s avoided conviction in his first trial, “Redwood County had its fourth murder in two years, and we know of no other county where a murderer may so easily escape, even by going through the court system of Redwood.

“The Alexander murder, premeditated, easily escaped. The Gorres murder only got 6 years for manslaughter, about what a small thief would receive; the Rose murder resulted in acquittal. And now Clifton Holden has murdered a fourth victim.

“Meanwhile the taxpayers are being grieveously burdened with taxation for all these murder trials.”

On this day..

1772: John Jones, John Sunderland, John Chapman, and John Creamer

The Old Bailey Online site — “A fully searchable edition of the largest body of texts detailing the lives of non-elite people ever published, containing 197,745 criminal trials held at London’s central criminal court” — is one of the scaffold-chaser’s most outstanding resources and well worth perusing by anyone whose interests even remotely touch English crime and law from the Bloody Code to the eve of World War I.

Today’s post touches four such men, very distinctly non-elite fellows all sharing the same common Christian name, all hanged together at Tyburn for burglary. (Technically, John Creamer was hanged for returning from transportation, but he was transported in the first place for burglary.)

We begin as is our wont at the unhappy end. Here the Ordinary of Newgate — that “great Bishop of the Cells”, whose business was salvaging the souls of men whose flesh was forfeit — details the last hours of the doomed. Theirs is typical, even forgettable among scores of such accounts.

The condemned array themselves in various cuts of pathos, contrition, resignation. (Only Creamer somewhat objects to his sentence; this is almost beside the point.)

The clock ticks inexorably.

They’re turned off in the passive voice — who turned them? — crying out to God.

The prisoners were brought down from their cells about a quarter before seven. Their behaviour was every way becoming their unhappy situation.

The appearance of Sunderland and Jones was really moving and affecting by reason of their late illness of a bad fever, of which Sunderland was never expected to have recovered: He was so weak and low that he could scarcely support himself.

Chapman, while his irons were unloosing, said, ‘Ah! these will soon fall to the lot of some poor unhappy fellow!’ Sunderland and Jones were not fettered, the low and sickly condition they were in not requiring it.

Being now ready they went up to chapel, except Creamer, who was of the Catholic persuasion: Sunderland went up first: it was a few minutes before Jones and Chapman followed. In this short interval of time Sunderland said, ‘O how cold am I! I am now as cold as I have been lately hot and distracted with a fever, when I was so light-headed, that nothing run in my mind but a respite was come down, and wondered at their keeping me in my cells. Once upon a time little did I think of coming to this untimely end!’

When Jones came up (who had occasion to wait a little behind) he, with a very decent and christian-like behaviour, fell on his knees to ask God’s blessing.

After being severalty spoken to and prayed with, they were admitted to the Lord’s table, of which they partook, ’tis hoped, to their everlasting comfort.

They were then again recommended in prayer to the mercy of Christ; desiring them stedfastly to look to him as crucified for them, and to be sensible that their sentence was just, but that he, the innocent and immaculate Lamb of God, suffered, the Just for the unjust, and was treated with the greatest shame and ignominy, to take away their curse. They were once more reminded to look unto him, and to let nothing, that might pass on their way, divert their attention from him.

The clock striking eight, Sunderland listed up his hands and said, “We have not three hours more to live in this world.”

Service being ended, they went down from chapel to be made ready. Creamer, while the halter was fixing about him, wrung his hands and wept bitterly, and said, at going out, “God forgive them that have taken away my life for returning back to my own country!”

They arrived at the place of execution at half past ten; and when tied up, I went to perform the last office to them. They behaved with decency. And having again acknowledged that their sentence was just, except Creamer, who thought it rather hard, as he had committed no robbery since his return; but he was told to remember, that he had deserved to die before, and had received mercy: “True, says he, it is so; well, God forgive every one.”

They were once more recommended in prayer to the mercy of God, and then soon were turned off, crying out, Lord, receive our spirits.

Four burglars gone to the Tyburn tree.

In the period after the Seven Years’ War, housebreaking was a boom industry — there was a jaw-dropping eightfold increase in documented burglaries in London from 1766 to 1770. “The material civilization of the urban bourgeoisie became more refined, its belongings — ever increasing in variety and number — became arranged with a view to display and security.” (Linebaugh) Said period also corresponded to the demobilization of some 100,000 soldiers, blithely dumped from the late global war into an economy destitute of social welfare buttressing.

Each veteran “must return to some vocation which he has forgot, or which is engrossed by others in his absence,” lamented The Gentleman’s Magazine. “He must sue for hard labour, or he may starve. If human nature cannot submit to that, cannot he lie down in a ditch and die. If this disbanded brave man should vainly think he has some right to share in the wealth of his country which he defended, secured, or increased, he may seize a small portion of it by force — and to be hanged.”

For the enterprising criminal, the growing quantities of plunder available from a domestic raid exceeded by orders of magnitude the coppers one might riskily expropriate in the streets by main force or dextrous digits.

Entrepreneurial thieves accordingly developed an astonishing felicity for breaking and entering, often (as was the case with all this day’s hanged Johns) penetrating occupied domiciles where the soon-to-be-dispossessed owners dozed.

The blind magistrate and police reformer Sir John Fielding was at this time leading the uphill struggle to control the breaking-and-entering epidemic. (His testimony to Parliament is the source of those “octupling burglary rate” figures.)

Fielding’s anti-burglary agenda included strengthening the city’s embryonic policing, as well as killjoy social measures like shuttering taverns and suppressing the Beggar’s Opera; that very year of 1772, he debuted a (still-extant) magazine to circulate the descriptions of wanted fugitives. And trying to force pawnbrokers and other potential fences into monitoring their inventory sources, Fielding successfully prevailed on Parliament to expose the receivers of stolen goods to the same criminal sanctions as the thieves themselves. (See The First English Detectives: The Bow Street Runners and the Policing of London, 1750-1840)

All these would have limited effect against London’s ingenious burglars. But our four Johns were the kind of men Fielding meant to put out of business.

John Jones and John Sunderland were a team. Six weeks before their hanging, they broke into a home and bent their backs under an entire wardrobe’s worth of booty: “one silver saucepan, value 10 s. one pair of silver knee buckles, value 4 s. and one pair of silver-garter buckles, value 2 s. the property of the said Aaron Franks, Esq; one gold watch-chain, value 20 s. two seals set in gold, value 10 s. six linen stocks, value 3 s. eight pair of silk stockings, value 30 s. two silk pocket handkerchiefs, value 4 s. five other pocket handkerchiefs, value 5 s. five linen-shirts, value 40 s. one pair of pocket pistols, value 40 s. one flannel waistcoat, value 5 s. and one pair of laced ruffles, value 40 s. the property of Jacob Franks, Esq; one cloth coat, value 20 s. one cloth waistcoat, value 5 s. two other linen shirts, value 4 s. one cornelian seal set in silver, value 2 s. one pair of silk stockings, value 1 s. and one pair of thread stockings, value 6 d. the property of Joseph Grover; four other shirts, value 16 s. two pair of worsted stockings, value 3 s. the property of Phineas Ghent, and one thickset frock, value 15 s. the property of Richard Varley , in the dwelling house of the said Aaron Franks, Esq.” (Grover and Ghent were servants. Everyone got cleaned out … and nobody woke up.)

The tricky and essential part of the burglary business, as Sir John Fielding recognized, was getting rid of the loot. Jones and Sunderland were shopped by a suspicious man to whom they attempted to sell some of the clothes.

John Chapman jimmied open the shuttered and barred window of a St. George in the East residence while its owner slept upstairs and emptying the place of “a silk handkerchief, and two linen handkerchiefs, value 2 s. four China bowls, value 20 s. one earthen bowl, value 6 d. one pair of gold weights and scales, value 1 s. one leather box, value 1 s. and thirty-six half-pence.” The theft was only discovered in the morning when a neighbor noticed the broken window and raised the alarm; Chapman was traced when one of the China bowls later turned up, but by that time he’d already notched another successful midnight home invasion. He drew death sentences in both cases.

His 17-year-old accomplice turned crown’s evidence, and described the method in that latter instance:

John Chapman had a chissel in his pocket, a long chissel, a rusly one; he bid me look out that no-body came by; I stood within a yard or two of him; he put his shoulder to the bolt, and pulled very hard, and broke it open; after we had broke it open, the watchman came by to call the hour, past one; we put the shutters to and went a little further down a turning, till he went to his box again. When the watchman went to his box we got in; John Chapman struck a light; we both went in, and shoved the window up; we pulled the window shutter to again, and he had a key that he pulled out of his pocket, or was in the bureau; he pulled the door open; he had a candle in his pocket, wrapped up in a bit of paper, and a tinder box and matches, and pulled the drawers open, one at a time, and took out what was in them; there was a blackish gown, and some cotton to make shirts of, some striped cotton, and a great large table cloth flowered; there were a great many more things I cannot justly mention.

Bonanza.

we went on three or four steps the same side of the room, where there was a good deal of china; we saw the pepper castor with some pepper in it, and a silver spoon; one spoon bigger than a tea spoon; there were two bottles with liquor, one wine I believe; Chapman drank, and then said to me drink; I did; we laid the things upon the ground. I went backwards and searched where the coppers were, there I found half a dozen of tea spoons, in a cupboard where was victuals; the handles of the spoons did not turn up, they went downwards.

We looked down upon the ground, there was a great deal of copper saucepans and some shoes; I took some of the buckles of …

We tied them up in bundles, and brought them over the fields; he carried me down Old Gravel-lane, to (I believe the place is) Broad-street where Mrs. Nimmy lives; he carried them up stairs, and I lay with him all night … Chapman carried the things away in the morning; I got the cotton to make some shirts of; I brought it to Mrs. Nimmy; I knew her very well; she asked me whose they were; I said my brother bought them for me; I said I was going apprentice, and my mother would pay her, when they were made; I cannot tell where any of the other things were carried; Chapman gave me 12 s. for my share; he sold the things.

John Creamer‘s hanging crime was returning from transportation, but that transportation had been imposed in 1769 for yet another burglary.

Creamer’s was the least impressive heist of the bunch, perhaps little more than a crime of opportunity. Short on cash to pay for a pot of beer late one night at his lodging-house, he went upstairs, broke into a fellow-lodger’s room while the fellow-lodger slept, and absconded with 8 3/4 guineas. He not only paid for the beer, he went right out that night carousing and spending freely in the sight of many witnesses. He was traced because one of the coins he parted with had a distinctive “white spot like silver”; the victim, who suspected Creamer to begin with, was able the next day to track down that coin where it had been spent and tie it back to the miscreant.

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1987: Eshan Nayeck, the last executed in Mauritius

On this date in 1987, Eshan Nayeck was hanged in Port Louis — capital of the Indian Ocean island nation Mauritius, a former Dutch, French, and British colony near Reunion Island.

It was just the second execution (French link) since Mauritius attained its independence in 1968, and it remains to this day the last.*

Nayeck sensationally stabbed to death a man named Abdool Rashid Atchia in Port Louis’s Central Market in 1983.


Scene of the crime: Central Market in Port Louis, circa 2006. (cc) image from erwinkarim.

* Mauritius abolished the death penalty in 1995, but its current Prime Minister Navin Ramgoolam has publicly mooted (pdf) restoring capital punishment “for crimes such as drug trafficking.”

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1982: Khosrow Khan Qashqai

On this date in 1982, Khosrow Khan Qashqai was publicly hanged in Shiraz.

A member of the pastoral Turkic Qashqai people of southern Iran, Khosrow returned from exile* with the Iranian revolution. These were the revolution’s hopeful first days, when SAVAK was gone and a new world was possible.

Before it went all pear-shaped.

Not long after Khosrow’s constituents sent him to the new Iran’s new Parliament, relations with the emerging theocratic dictatorship soured, sending the Qashqai leader fleeing to the hills one step ahead of the new secret police in 1980.

Khosrow et al held out for two years before succumbing to Iran’s Revolutionary Guards — a grim period throughout Iran, marked by growing suppression of political dissidence and the ruinous war with neighboring Iraq.

Thirty years on, Qashqai still labor under discriminatory cultural restrictions and even property expropriation that the U.N. has charged constitutes a campaign of “ethnic restructuring”.

* The Shah kicked him out for having backed Mossadegh.

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1898: Alfred C. Williams

(Thanks for the guest post to Robert Wilhelm, author of the Murder By Gaslight historic crime blog, and author of the book Murder And Mayhem in Essex County. Executed Today readers are sure to enjoy Wilhelm’s detailed investigations into long-lost historic crime. -ed.)

When Alfred C. Williams was arrested for the murder of John Gallo, his conviction seemed highly unlikely. There appeared to be no direct link between Williams and Gallo. There was no absolute proof that Gallo had been murdered, or even that he was dead. But in this case, circumstantial evidence, rather than increasing doubt, actually succeeded in dispelling doubt, bringing investigators closer to the truth and drawing the noose ever tighter around Alfred Williams’s neck.

John Gallo was a young Italian immigrant who worked on a farm in Lynnfield, Massachusetts. He was industrious and popular with the other workers, but kept to himself and very seldom left the farm. Gallo lived alone in a small shack in the rear of the farm. In the early hours of July 28, 1897, the shack caught fire and burned with flames so high they could be seen in neighboring towns. The shack was leveled, leaving nothing but ashes and the charred remains of a body, so badly burned that it could not be identified.

The body was so charred that it took two examinations to verify that it was, in fact, the body of a human. The head and neck were gone, both arms and both legs had been completely consumed, bone and all, by the fire. The spinal column remained with some back muscle attached; the heart, liver, kidneys, and bladders remained, but were badly burned. Everything else was completely gone. The medical examiner could state that the body was that of an adult human being, but nothing more.

With the destruction so complete, it appeared to investigators that nothing could be learned to explain what had happened that night. But as the investigation progressed, details began to emerge, like an image developing on a photographic plate. The fact that there was too little information became a clue in itself, and soon investigators were able to compile a list of facts that pointed to foul play:

  1. The body had been destroyed to a greater extent than would be expected from a fire in such a small building.
  2. The deceased had not been burned in bed. The bedsprings had survived the blaze but the body was found several feet away.
  3. The victim had not been dressed. Some buckles, metal buttons, a few coins and the clasp of a pocketbook were found by the side of the bedsprings, none were found near the body.
  4. The body lay in the doorway between rooms with the head back in the room toward the bed, not falling forward as a person naturally would if trying to escape from a burning room.
  5. A kerosene-oil can, which was usually kept near the stove, was found in the middle of the floor
    next to the body.

It was believed that the victim had been murdered before the fire started. His body was doused with kerosene and ignited, which would account for the severe damage to the body. The flame then quickly spread to the rest of the house.

John Gallo had earned $1.50 a day at Phillips’s farm and was paid monthly, always in five dollar bills. He spent very little and at the time of his death, it was suspected that he had around one hundred dollars earned on the farm. It was also well known that Gallo always carried three twenty dollar gold pieces that he had earned on a construction job prior to coming to the farm. No trace of the gold pieces or any melted gold were found.

Another crime had allegedly been committed near Lynnfield in the early morning of July 28. That afternoon, Alfred C. Williams reported that he had been held up near his rooming house in Wakefield. He had been unable to sleep and went outside to smoke a cigar. As he stood with one foot on the rail fence by the road, someone struck him on the head from behind. He turned to fight back, striking his assailant on the nose causing it to bleed. He was knocked unconscious, robbed of his watch and a small amount of money, and then thrown down the banks of Wakefield Pond.

He told his story to the police, showing them bruises on his neck and face from the fight, and bloodstains on his clothing from the assailant’s nose. The officers were skeptical of his story and held Williams for questioning. Unlike most holdups, Williams apparently had more money in his possession after the crime than he did before. On July 27, Williams had not had enough money to buy a meal or even pay a five-cent streetcar fare. The morning of July 28, he paid his back board bill and made some purchases. The police found seventy-five dollars, in five dollar bills, on his person.

The police learned that Williams had previously worked as a laborer on Phillips farm and knew the habits of the deceased. They searched Williams’s room and under the carpet, they found two twenty dollar gold pieces. When Williams was told where they found the coins he responded, “I know, I put them there.” They also found a bloodstained coat and vest in his room. Alfred C. Williams was arrested for the murder of John Gallo.

At the trial, the prosecution presented a case against Williams that was based entirely on circumstantial evidence. While there was nothing to directly link Williams to the fire, his familiarity with Gallo’s habits, his possession of money — including gold pieces — the day after the fire, the bloody clothing, and Williams’s inconsistent stories, taken all together were incriminating.

The defense challenged the very core of the evidence. There was no proof that the body found in the ashes was John Gallo’s; it could not be proven that a murder was committed or that the fire was not started accidentally; there was no proof that Alfred Williams was anywhere near the fire that night. But Williams was sticking to the story that he was held up on the night of July 28, so his alibi was also a matter of circumstantial evidence, and no one seemed willing to believe it. The jury deliberated for six hours before returning a verdict of guilty, first degree murder.

Alfred C. Williams was hanged in the yard of Salem jail on October 7, 1898. It was not a public hanging; the sheriff issued a few invitations, but only for the purpose of providing legal witnesses. Williams’s arms and legs were bound and his head was covered as he stood on the gallows. At 10:01 a.m. the trap was sprung and Williams dropped six feet, one inch. His neck was broken and he died within seconds. Williams professed innocence to the end.

Get Murder and Mayhem in Essex County here.

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1900: Coleman Gillespie

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

The story behind Coleman Gillespie’s execution on this day in 1900 actually begins on February 21, 1856: on that winter’s day, a small group of hostile Rogue River Indians murdered more than half of Christina Edson’s family at their home in what would become the state of Oregon.

The victims included John Geisel, Christina’s husband of 13 years, and their sons Andrew, 5, Henry, 7, and John, 9.

Christina, her three-week old infant Annie and her thirteen-year-old daughter Mary were spared and force-marched into captivity at an Indian camp twelve miles away. Along the way they had to pass the burning houses and dead bodies of their neighbors. 24 people were killed and 60 homes burned in all.

The pioneers wanted vengeance and they got it: the rebellious Indians were defeated in May 1856 and mobs lynched more than a dozen of them, including the man who betrayed the Geisel family. In July of that year, more than 700 Indians were forced to relocate to two different reservations.

All in all, it was a terrible tragedy.

And four decades later, indirectly, it claimed its last victim.

Long-suffering: Christina Edson

Christina, somehow, put her life back together after surviving two weeks in captivity with her daughters. She never had any more children, but she remarried three times (divorcing twice, and being left a widow with her final husband’s death in 1883).

In 1887, Christina filed a claim with the federal government seeking compensation for the loss of her first husband and sons and their farm, which the Indians had burned down. It took twelve years to get through all the red tape. In the end her application was successful and she was granted a monthly pension.

Christina turned 77 years old in 1899. Although her grown-up daughters wanted her to move in with them, she cherished her independence and lived alone in a cabin in Gold Beach, Oregon. Her very first pension check, for $75, arrived Monday, September 18, 1899.

On September 19, her cabin burned to the ground.

The postman found her charred corpse lying sprawled on her bed in the ruins. She’d been tortured and strangled. The fire was arson, and authorities presumed Christina had been killed for her money; her pension check was missing.

The brutal murder of this elderly pioneer horrified the community. As Diane Goeres-Gardner explains in her book Necktie Parties: Legal Executions in Oregon 1851-1905,

Christina Edson had seen her husband and sons tortured and burned by the Indians. The savages could be excused because they were fighting for their rights to the land they once owned. [Christina’s murder] was even more horrifying because it was done in cold blood for a few dollars.

The police got a lead when the check was cashed in Roseburg by one C.O. White, who was brought in for questioning. He said he’d bought the check at a discount from Coleman Gillespie, a known criminal with two prior convictions for theft.

Arrested a few days later, Gillespie quickly broke down and confessed in writing to Christina Edson’s murder. He named his co-conspirator as Charles Strahan, a commercial salmon fisherman who had mysteriously disappeared. There were rumors that he’d tried to flee the area but had drowned in the Rogue River, and other reports that he’d drowned in an ordinary fishing accident: whatever the case, he was never seen again, neither alive nor dead.

Authorities thought the fisherman a red herring — that Gillespie had acted alone and, having heard of Strahan’s disappearance, tried to share the blame with the convenient phantom. Gillespie’s statements about Christina Edson’s murder over time evolved to shift ever more responsibility onto the missing “accomplice”, until Gillespie was all but denying his own presence at the murder scene. He didn’t really seem to realize that, at the end of the day, he was legally just as guilty whether or not he himself had done the killing.

He found out on August 23, 1900, when he was condemned to die for robbery and murder.

When Coleman Gillespie was hanged six weeks later — the first and last legal execution in Curry County — his neck didn’t break. He expiated every penny of the discounted $75 pension check slowly strangling at the end of the rope.

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1570: Rev. John Kello, the Parson of Spott

This date in 1570 marked the remarkable Edinburgh hanging of a preacher for murdering his wife.

It’s one of Twelve Scots Trials featured in William Roughead‘s public-domain true-crime tome of that title

“The time,” muses our correspondent, “was the year of grace 1570.”

Calvinism had triumphed, and the cause of Queen Mary and the ‘Auld Faith’ was lost. That unhappy lady was safely in Elizabeth’s parlour, the gallant Kirkcaldy still kept the flag of his Royal mistress flying on the castle of Edinburgh, and the ambition of her ambiguous brother, the ‘Good Regent,’ had lately been abridged by the bullet of Bothwellhaugh at Linlithgow. The scene was the hill parish of Spott, on the eastern slope of the Lammermuirs, near the coast town of Dunbar … celebrated, too, as being the scene of the last witch-burnings in Scotland, for so late as October 1705, only two years before the Union, the minutes of the Kirk Session significantly record: ‘Many witches burnt on the top of Spott Loan.’

In the sixteenth century a strange fatality attached to the incumbency of this quiet rural parish … Robert Galbraith, parson of Spott … was murdered in 1543 by one John Carkettle, a burgess of Edinburgh. The next rector, John Hamilton … [became] the Archbishop Hamilton of Queen Mary’s reign. He was taken prisoner at the capture of Dumbarton Castle in 1571, and was hanged at Stirling for complicity in the assassination of the Regent Moray … The fate of the archbishop’s successor in the manse of Spott, the first minister of the new and purified Kirk, forms the subject of the present study.

Young Kello presumably fancied Spott a station on his own cursus honorum towards archbishoprics and assassinated regents; he found himself irksomely constrained by the cheapness of the parish wage (which drove him into speculative debt) and by his “amiable but plebeian consort” Margaret Thomson.

“Thir wer the glistering promises whairwith Sathan, efter his accustomed maner, eludit my senses,” Kello’s eventual confession would sigh. Specifically, Sathan suggested he lose the wife and upgrade to a socially-advantageous match with a lord’s daughter.

On September 24, 1570, Kello came upon his spouse defenseless in prayer, and strangled her with a towel.

“In the verie death,” he admits, “she could not beleive I bure hir ony evill will, bot was glaid, as sche than said, to depairt, gif hir death could doe me ather vantage or pleasoure.”

“Verily,” Roughead adds, “it is difficult to write with patience of the Reverend John.”

Reverend John strung up his infinitely self-sacrificing wife to make it look like she’d done herself to death, went out, preached — it was Sunday — and returned home with some guests, ever-so-casually coming upon the poor woman’s dangling body to great surprise and chagrin in the presence of witnesses.

And this ruse worked, at first. Kello began entertaining sympathy calls from neighbors; it’s unremarked in the existing documentation, but it’s conceivable that the body of the presumed suicide might even have been mutilated or dishonored as was the style at the time.

Overacting the part a bit, Kello sought out the counsel of a brother-minister by the name of Andrew Simpson over the question of the probable disposition of his self-murdering wife’s soul. This Rev. Simpson had tended Kello during a sickness prior to Kello’s wife’s passing, when the Parson of Spott had Sathan’s cogitations in mind. And apparently, Kello related at that time a strange dream that Simpson would on the subsequent visit turn into a supernatural Colombo moment, reciting back that past phantasm plus Simpson’s interpretation of it that it denoted the dreamer’s blood guilt.

This gave the heretofore icily hypocritical Reverend John such a case of the heebie-jeebies that he proceeded to Edinburgh to turn himself in.

And so, on October 4, he preached his last sermon — this one from the scaffold, enjoining advice of timeless utility:

Measoure not the treuth of Godis word altogether be the lyvis of sic as are apointed pastouris ower you, for thei beir the self same fleshe of corruptioune that ye doe, and the moir godlie the charge is whairunto thai are called, the readier the Enemie to draw thame bak from Godis obedience.

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