Tag Archives: 1738

1738: George Whalley and Dean Briant, wife-murderers

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At a hanging-day at Tyburn on this date in 1738, 11 men (no women) were executed en masse.

Nine committed different varieties of malappropriation: burglaries, highway robberies, horse-thefts, even a charge of coining, all of whom can be read about in thumbnail at that date’s account by the Newgate Ordinary.

The other two were men who murdered their wives. While the prelate here does single them out for committing the elevated crime of homicide, he does not especially dwell on the domestic and gendered nature of these men’s attacks upon their wives. The excerpts below from the mouths of neighbors who were privy to the relationships in question open a terrifyingly intimate window on a pair of violent relationships.

These of course are far from the only domestic murders in the voluminous archives of the Old Bailey. However, most violence by husbands against wives obviously fell short of the criminal annals, and the nature and extent of that violence is difficult to reckon. From the perspective of decades and centuries, historians perceive a long-term — too long-term — decline in “everyday” wife-battering.

“It has been noted that even by the mid-eighteenth century the physical violence alleged in marriage separation suits was not necessarily life threatening, and tended to be less serious than that described in the seventeenth century,” notes the topical volume Marital Violence: An English Family History, 1660-1857. (Review.) Yet “while all historians of violence agreed with Stone* that there was a decline in the number of recorded [conjugal] homicides, and that this was particularly marked for the period between the Restoration and the start of the nineteenth century, it took further research for historians to conclude that there was little change over time in the proportion of homicides that were domestic.” So that suggests less a special abhorrence of violence in the home, and more a wider social evolution making masculine personal violence ever less routine — the same trend that, for instance, gradually saw off the formerly ubiquitous practice of dueling.

All this falls into the active space of historians far wiser than any mere headsman. And all, of course, was cold comfort to Hannah Harding and Mary Briant.

George Whalley, a 60-year-old carpenter, knifed his wife Hannah Harding in the head on June 10th. She languished with the wound for nearly a month before succumbing on July 6. It was his second marriage, and while he had seemingly lived amicably with his late first spouse, George had furious rows with Hannah over money. Testimony from his trial:

Eliz. Dur. The Yard that belongs to the Prisoner’s House and our Yard join together, they are parted by a thin Wainscoat Partition, and there is a loose Board that lifts up between the 2 Yards. On the 10th of June I was in our own Yard, and heard the Deceased say, she would not be lock’d into the Kitchen. I listened, and heard the Prisoner curse and swear at her in a violent Manner, then he shut her and himself into the Yard, and told her she had robb’d him of all he had, and that he had not a Farthing to help himself with. She told him she had not, and the Quarrel encreasing, I lifted up the loose Board, and saw him take Hold of her Shoulder, and pull off a Handkerchief which she had upon her Neck; then she cry’d out Murder, and I observed a large Clasp Knife in his Hand upon her Shoulder. This is the Knife, and the Blood is still upon it. I was not above a Yard from him, and saw him plainly cut her across the Shoulder; then he moved his Hand higher, and cut her in the Neck; and then he moved it again, and cut her nearer her Ear. After he had cut her in this Manner, he open’d the Kitchen Door, and push’d her into the Kitchen. Our Sink likewise is parted from theirs by some slight Boards, and when I ran to alarm our Family, I saw her leaning over the Sink, and bleeding into it in a very violent Manner. When the Neighbours came in, he open’d the Door and ran away. I have often heard him abuse and curse her, and never heard her give him any Provocation. This was the 10th of June between 5 and 6 in the Afternoon.

Nathaniel Harris. On the 10th of June, when I came Home to Dinner, (I live in the same House) the Prisoner was cursing and swearing at his Wife, because a Gentleman that had got his Money, would not let him have it again, but had told him he would make him knuckle down to his Taw. The Prisoner told her, the Gentleman wanted him to go into the Country, away from his Wife, but he said he would not go, for they shou’d not live together long, and she would die first. He very frequently cursed and abused her, – the House was never at Peace for him. He has been in the Counter before, for abusing her. I told him I would hang myself if I was he, no, (he said) he wou’d not; so I went from Dinner between 1 and 2, and saw no more of it.

Prisoner. I was overcome by her aggravating me.

…

Mary Hignal. I liv’d on the same Floor with the Deceased, (Mrs. Harding) she chose that Name, and did not care to be called by the Prisoner’s. The Morning this happen’d, I went into the Kitchen, and heard him call the Deceased a great many Bitches. I reprov’d him, and he call’d me Bitch, and told me, if I did not be gone, he would murder me. Upon this, I went to the Door of my own Room, and heard him continue to abuse her; after some Time, she went up two or three Stairs, toward another Apartment; he got hold of her to pull her down, and she clung to the Bannisters of the Stairs; but he kick’d her under the Arm, tore her down Stairs, and kick’d her again on the Breast. While she stood in the Passage, he went into the Kitchen, and bid her come in; she refused, and said he had got a Knife, and had some ill Design against her. He said he had none, but I heard a Knife clasp. Then he went down Stairs, and was in and out all Day. But about six in the Evening, he came into the Kitchen again, and spit in my Face, and I spit in his Face, and went out. Immediately the Prisoner shut himself in, with his Wife, and I run up to Harris’s Room, and said, I believ’d the Man was going to kill his Wife. Upon this, Mrs. Harris and I, came down, and heard the Deceased cry

Murder

in the Yard but I could neither get to them, nor see them; and being in a very great Fright, I ran down, and went into a Chandler’s Shop, and told the People, the Prisoner had murder’d his Wife. They said, perhaps I might be mistaken; I ran up Stairs again, to see if I could get into the Kitchen, and I met the Prisoner coming down Stairs into the Alley, with one Hand bloody, and the other in his Pocket. When I got into the Kitchen, I found Mrs. Harding (the Deceased) leaning upon her Hand, and bleeding very much. I believe I saw a Gallon of Blood which she had lost.

Dean Briant or Bryant stabbed his wife Mary in the back with a clasp knife, killing her. Testimony from his trial:

Lydia Cole. On the 7th of July in the Night, I was very ill with the Tooth-Ach, and an Ague in my Head, and not being able to sleep, I walked about my Chamber, which is a Ground Room, and joins to the Prisoner’s. About half an Hour after One, I heard somebody knock at his Door once or twice, and cry softly in a Man’s Voice,

Molly! Molly! Molly!

three Times. The Door was immediately open’d, and he was let into the Room that joins with mine. No sooner was he got in, but Words arose; then I heard a Blow given. Then Words, — then a Blow. At last I heard a Woman in a soft Voice cry,

don’t! don’t! don’t hurt me!

And the Man’s Voice answer’d,

then d-mn your Blood you Bitch, don’t follow me.

After this there were many Words pass’d; and the Woman talk’d to him in a very moving Manner. When the Watchman came Two o’Clock, I heard no Noise, so I lay’d myself down on my Bed; but I had not lain long, before I heard the Woman either crying or squeeling. I jump’d from the Bed again, and heard her groan, for a Quarter of an Hour, and every groan, grew fainter and fainter, ’till I could not hear it at all. From this Time, I heard no Noise, but only a dragging of something along the Floor, and then I imagin’d the Man went out of the House again.

Margaret Carter. I know nothing of the Murder; but I can speak to the Prisoner’s Behaviour to his Wife at other Times. The Prisoner, the Deceased, and I, have been acquainted many Years. He always has been very vile in his Behaviour to her: beating and abusing her frequently, though she always behav’d very mildly to him. The worst Words I ever heard her use to him, were,

why do you use me so? ’tis worse usage than I deserve.

I have seen her fall on her Knees and entreat him not to abuse her, and instead of being mov’d with Compassion, he has beat her ’till she has bled. On the first of February last, she sent for me; I found her darning, or running the Heels of his Stockings. As soon as she saw me, she burst out a crying, and said, she was now at a Distance from every Friend, and had no one to ease her Mind to. Her Husband (she said) was gone abroad in a great Passion; and had told her, that he would neither bed with her, nor ever eat or drink with her more, and that if he met her in the Street, he would certainly kill her; nor would he ever be Friends with her, unless she would own, she took a Guinea and a Half out of his Pocket, which she profess’d she had never touch’d. I was concern’d at her Tale, and went down to the Waterside to see for him, but not finding him, I returned again to the Deceased. While I was with her, the Prisoner came in, and to get him into a good Humour, I invited him to come a House-warming to my House, but he refuss’d: The poor Woman burst out a crying again, and told him she had made him some Broth, and beg’d him to eat some; he reply’d,

no, d-mn you for a Bitch, I won’t touch it, nor ever eat any Thing with you, ’till you have acknowledged you took the Money.

She fell on her Knees, and hung about his Knees, declaring with a great many Tears, that she was Innocent; but he up with his Fist, and dash’d her away from him with such Violence, as to set her a bleeding.

* “Interpersonal Violence in English Society 1300-1980,” Past and Present 101 (1983).

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1738: Nicolas Doxat de Demoret

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Swiss officer and military engineer Nicolas Doxat de Demoret — also referred to as Doxat de Moretz or Doxat von Morez — was beheaded on this date in 1738 for surrendering to a Turkish siege.

Native — as his name suggests — of Demoret, Doxat was a career soldier who had served the Austrian empire since 1712. The generation of Doxat’s service saw Austria’s greatest expansion into the Balkans, with Turkey forced to cede to the empire most of present-day Serbia. Doxat emerged with some war wounds and a general’s epaulets.

Unfortunately 18th century Vienna did not have access to the Internet articles informing it that this would represent its greatest expansion in the Balkans — for, in 1737, Austria jumped into a Russo-Turkish War with an eye to gobbling even more, and instead started suffering the defeats that would return its conquests to the Sublime Porte.

General Doxat owned one of these defeats, the October 1737 surrender of the Serbian city of Niš to an Ottoman siege — yielded too readily, in the judgment of Austrian authorities. He had weeks of supplies remaining but with little water and no prospect of relief he judged the situation hopeless and accepted an arrangement that permitted the honorable withdrawal of his garrison.

Despite the appeals of comrades in arms for clemency, the emperor confirmed the sentence of a war council, and Doxat was beheaded* in Belgrade on March 20, 1738. Barely a year later, that city too was in Turkish hands.

* The beheading, conducted in the botch-prone seated position, was botched — the first blow gouging the general’s shoulder and knocking him prone, where he was inelegantly finished off.

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1738: Baruch Leibov and Alexander Voznitsyn, Jew and convert

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On this date in 1738, the Jewish proselytizer Baruch Leibov was publicly burned in St. Petersburg along with a convert, retired Russian naval officer Alexander Voznitsyn.

The nobleman Voznitsyn met the Smolensk merchant Leibov in Moscow and the two became friends and spiritual interlocutors. In 1737, Voznitsyn’s wife denounced him for Judaizing as she began to notice that he’d stopped wearing a cross, would pray facing the wall instead of Orthodox icons, and avoided eating certain foods. It emerged too that his Christian confessor had not heard from him in a very long time, and that he had ordered peasants on his estate to destroy some icons.

Both men denied the charges at first, but Voznitsyn’s genitalia confessed his apostasy and after an application of torture, so did Voznitsyn’s mouth.

The subsequent punishment was remarkably harsh even in contemporaries’ eyes — via the curious insistence of the Empress Anna upon severity.

A rarely-used edict from the pre-Petrine 17th century was invoked against Voznitsyn for blaspheming; in the case of Leibov, it was necessary in order to fit him into the statute to construe his having “seduced” Voznitsyn into the Abrahamic faith during the two men’s religious bull sessions. Since Voznitsyn was a seasoned and educated man with a known predilection for spiritual seeking, this finding negated the entire qualifier; if Voznitsyn was “lured” or “deceived” into Judaizing then it was officially impossible for anyone to Judaize absent deception.

But in practice, it was likely the convert’s exceptional qualities that attracted such a demonstrative punishment — “so that such ungodly deeds are discontinued, and such a blasphemer as Voznitsyn and converter to Judaism as Boruch do not dare to deceive others: for the sake of such blasphemous guilt … both to be executed and burned.”

They died together before a vast concourse of gawkers near St. Petersburg’s Admiralty building.

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1738: False Tsarevich Alexei

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From the memoirs of Cristof Hermann von Mannstein, a Prussian officer who served in Russia from 1727 to 1744. As Manstein has this report by second hand, he has no precise dates.

Execution of the false Czarewitz.

In the month of November, there was a terrible execution in the Ukrain[e]. The son of a peasant in that country had given himself out for the Czarewitz, son of Peter I deceased, in the year 1718.

He had come into a village on the frontiers, where he had declared himself as such to three soldiers, who were on guard near the pyramidal beacons fixed along the limits. These had done homage to him, as also the inhabitants of the village. The priest had caused the bells to be rung, and said a mass in his favor.

At length the people of the village assembled, and perhaps the matter would have gone farther, if it had not been for a Sotnick, or Cossack captain, who, hearing of it, acquainted general Romanzow, then in the neighbourhood.

This pretended Prince and his adherents, who were not very numerous, were easily seized, and conveyed to Petersburgh, where they had their trial in the secret chancery; after which they were sent back to the Ukrain[e]. There the major-general Schipow had an order to see them executed.

The self-made Prince was impaled; the priest and the three soldiers were put to different kinds of deaths.

The Empress forgave the peasants, but the village was razed to the ground, and the inhabitants were removed to other places.

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1738: Helena Curtens and Agnes Olmans, inviolable dignity

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On this date in 1738, the last victims of witch trials in the Lower Rhine were burned at the stake in Gerresheim, an ancient German city today subsumed by Düsseldorf.

More eccentric than demoniacal, the sicky 14-year-old Helena Curtens reported having seen some ghostly apparition during a curative pilgrimage to Kevelaer, and received from him some towels with weird occult inscription. (She actually did have such towels.)

This adolescent attention-seeking turned into a whole thing when judge Johann Weyrich Sigismund Schwarz’s long ears caught hold of Gerresheim’s wagging tongues.

The whole idea of witches and witchcraft was trending ever less fashionable at this time, but not for Schwarz: he routed Curtens’s occult encounter into the judicial Hexenprozess and got on record an accusation against her neighbor Agnes Olmans as well as the usual stuff about playing the harlot with a visiting devil.

Their case extended for more than a year; Helena Curtens was 16 by the time she burned.

In that time, Curtens stayed curiously committed to her crazy story, even knowing that it was putting her under the shadow of the stake.

Olmans, by contrast, fought with every fiber the allegations that her young neighbor kept confirming. Olmans even fell ironic victim to the uneven development of rational witch-law reform when she tried to demand that she be put to the ordeal of water to prove her innocence: it turned out that this backwards practice of pseudo-forensics had been barred in 1555, so Schwarz could not order it. At trial, her denials were easily overcome by the gossip of neighbors, and even her own husband — who recalled that the mother-in-law had a distinctly witchy reputation. Hey, ’til death do us part, babe.

Today, there’s a public stone monument to these milestone sorceresses, the Gerresheimer Hexenstein (“Gerresheim witches’ stone”)

Its inscription reads:

Human dignity is inviolable.
For Helene Mechthildis Curtens and Agnes Olmanns.
Burned in Gerresheim on August 19, 1738.
After the last witch trial in the Lower Rhine
and for all those tortured and outcast

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1738: Katherine Garret, Pequot infanticide

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On this date in 1738, before “a Vast Circle of people, more Numerous, perhaps, than Ever was gathered together before, On any Occasion” in Connecticut, Pequot servant Katherine “Indian Kate” Garret was hanged for murdering her newborn child.

As an unmarried young woman, Garret didn’t want a child to begin with, but she managed to pass off the pregnancy in her master’s house as just putting on a few extra pounds. Finally, one day, she slipped out to the household barn and delivered. The mistress of the house said they later found the dead infant, clubbed to death with a handy wood block.

It took an unusually protracted six-odd months to bring Garret’s case so far as the actual scaffold, giving the ministrations of a local pastor plenty of time to move the once-truculent lass to such devoutness that “with her hands lifted up, as she cou’d, she past out of life, in the posture of one praying.” We have her pious purported dying statement:

The Confession & Dying Warning of Katherine Garret.

I Katherine Garret, being Condemned to Die for the Crying Sin of Murder, Do Own the Justice of GOD in suffering me to die this Violent Death; and also Acknowledge the Justice of the Court who has Sentenced me to die this Death; and I thank them who have Lengthned the Time to me, whereby I have had great Opportunity to prepare for my Death: I thank those also who have taken pains with me for my Soul; so that since I have been in Prison, I have had opportunity to seek after Baptism & the Supper of the Lord & have obtained both. I Confess my self to have been a great Sinner; a sinner by Nature, also guilty of many Actual Transgressions, Particularly of Pride and Lying, as well as of the Sin of destroying the Fruit of my own Body, for which latter, I am now to Die. I thank God that I was learn’d to Read in my Childhood, which has been much my Exercise since I have been in Prison, and especially since my Condemnation. The Bible has been a precious Book to me. There I read, That JESUS CHRIST came into the world to Save Sinners, Even the Chief of Sinners: And that all manner of Sins shall be forgiven, One only Excepted; For His Blood Cleanseth from all Sin. And other good Books I have been favoured with, by peoples giving and lending them to me, which has been blessed to me.

I would Warn all Young People against Sinning against their own Consciences; For there is a GOD that Knows all things. Oh! Beware of all Sin, Especially of Fornication; for that has led me to Murder. Remember the Sabbath day to keep it Holy. Be Sober and wise. Redeem your Time, and Improve it well.

Little Children I would Warn you to take heed of Sinning against God. Be Dutiful to your Parents; For the Eye that Mocks at his Father and despiseth to Obey his Mother, the Ravens of the Valley shall pick it out, and the Young Eagles shall eat it. Little Children, Learn to Pray to God, Sit still on the Lord’s Day, and Love your Books.

I would also Warn Servants, Either Whites or Blacks, to be Obedient to your Masters & Mistresses. Be Faithful in your places and diligent: Above all Fear God; fear to Sin against Him: He is our Great Master.

I would also Intreat Parents and Masters to set a good Example before their Children and Servants, for You also must give an Account to God how you carry it to them.

I desire the Prayers of all God’s People for me, Private Christians, as well as Ministers of the Gospel, that I may while I have Life Improve it aright; May have all my Sins Pardoned and may be Accepted through CHRIST JESUS. Amen.

New London, May 3. 1738.
Katherine Garret.

The spiritual counselor who achieved this transformation, Eliphalet Adams, preached a lengthy sermon on the occasion.

The sound of the sermon — especially considered next to the protracted delay for Garret’s hanging — hints at a communal controversy over employing the death penalty in this case. Adams spends most of it fulminating against acquittals, jury nullification, and the insidious operation of sentimentality such as one might imagine might have attended an unmarried girl having rid of her unwanted infant: “What moving Expressions do sometimes come out of the mouths of poor people on such Occasions! … Judges are melted into tears, Yet they must not be so mollified thereby as to neglect Justice; With tears in their Eyes they must pronounce the righteous Sentence and commend them to the mercy of God, who have forfeited all Claim to be suffered any longer among men; Oh, piteous case, when the[y] cry for Mercy, Mercy must no longer be regarded! They must have Judgment without mercy, who have shewed no mercy.”

Stern stuff, ultimately straight from the dialogue around crime and punishment (capital and otherwise) down to the present day. Most of it, anyway. Some parts have changed:

Tho’ they may be great & Considerable persons who are guilty and they, whose blood they have done Violence unto, may be but Comparatively mean. This should not be so considered as to stop a prosecution, or stifle a testimony, or favour or forward an Escape, A Barbarian is of the meanest Nation, a Servant is of the lowest rank, an Infant is of the most imperfect age, Yet even their blood is required by God and the Laws, when it hath been unjustly shed; Rich and great people are most Honoured, Masters over Servants and Parents over Children, may seem to have most power and authority (I say nothing now of Princes over Subjects, that being a curious Argument and which may need very Cautious handling) Yet even these may not be protected by their greatness, authority or priviledge, if they have done Violence to blood, If they have defaced the Image of God in which every man is made and destroyed his workmanship, they also must flee to the pit and none may stay them.

It’s supposed to be the first hanging in New London. Original documents about Katherine Garret’s sad story are linked from the pamphlet about her case hosted here.

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