1743: The Black Watch mutineers

On this date in 1743, three leaders of the Scottish “Black Watch” were shot in the Tower of London for mutiny.

The recruits of the 43rd Highland Regiment of Foot* had been assured that their service would remain in-country only, and given that there was continental war raging at the time this was valuable assurance indeed — or would have been, if not for the propensity of military recruiters to lie wantonly.

The Black Watch were inveigled to London on the premise that they were to be reviewed by His Majesty King George II.

Once there, they caught wind of an actual or rumored plan to ship them on to the continent … or worse, to swelter in the West Indies. About a hundred of their number upped sticks and set off back for native hearth and heather. Alas for them, they were intercepted by General George Wade** and returned to London for court-martial as mutineers. Save for three perceived ringleaders, Corporals Malcolm McPherson and Samuel McPherson, and private Farqhuar Shaw, who were shot in the Tower, the rest had sentences commuted … to punitive overseas deployments from Gibraltar to the aforementioned dreaded West Indies.

As for the remaining, un-deserted corps of the regiment? It got shipped off to Flanders, just as it feared.

* Later renumbered as the 42nd Regiment — hence this musical tribute to the “Forty Twa'”:

** Wade’s renown in defeating the imminent Jacobite rebellion of 1745 would earn him tribute in an impolitic stanza of “God Save the King” that is rarely performed.

Lord, grant that Marshal Wade
May, by thy mighty aid,
Victory bring.
May he sedition hush
And, like a torrent, rush
Rebellious Scots to crush.
God save the King.

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1743: James Hunt and Thomas Collins, Pepper-Alley sodomists

This date’s post arrives via Rictor Norton‘s rich Homosexuality in Eighteenth-Century England sourcebook. We have cited this page before, notably in connection with London’s “molly houses”, a subject upon which Norton literally wrote the book.

His online “Sourcebook” compiles a vast trove of primary records capturing the prevailing views of early modern England’s sexual dissidents. Many of these records are legal proceedings, though most of those do not end at the gallows. Whatever their various fates, the misfortune to come under the court’s scrutiny preserves for us a snapshot of their circumstances.

Hunt and Collins were caught in a liaison at a house on Pepper-Alley, which once gave access to one of London’s innumerable little stairways into the Thames from which watermen would ferry passengers across and along the river.

To the frustration of the Ordinary they persistently denied it. Indeed, Hunt, a 37-year-old barge builder and “one of the most unaccountable Men that was ever under the like Misfortune” insisted quite violently that he had been stitched up by perjuring witnesses. As an Anabaptist, the threats to his soul that the C-of-E prelate delivered did not much bother him.

“He was one of the most morose, il-natur’d, surly Creatures that could breathe, and was never at Peace one hour, but continually railing against his Prosecutors,” we find. And even when an Anabaptist pastor was brought in to persuade him, “he answered, ‘Say no more to me about it; I’ll forgive no Body, for I’ll die harden’d.’ — This was a most shocking Speech for a Man who had but a few Hours to live; but he continued to the last Moment in the same Manner.”

A bit more polite about it was Thomas Collins, who had returned to England after spending a career as a soldier in the army of Emperor Charles VI. Still, Collins would not own any actual rendezvous with Hunt, saying only that the two had met by accident on Pepper-Alley and gone to the “Necessary House” (an outdoor toilet) where they “had not been there much above a Minute before two Men came and said they were Sodomites, and pull’d him off the Seat, and turned his Pockets inside out” but finding no money stomped off, complaining “here is no Feathers to pluck.”

The Ordinary was highly dissatisfied with their behavior.

Where two Men who were convicted of such an attrocious [sic] Crime, upon the fullest Evidence that was ever given in any Court of Justice, should prevaricate so much, and behave in so indecent a Manner as they (especially Hunt) have done ever since their Condemnation; the World must be left to judge, whether they were Innocent or Guilty.

Held in Southwark Gaol, they were executed at Kennington Common alongside three other men and a woman (crimes: housebreaking, returning from transportation, murder, murder) where both “continued quite obstinate” with Hunt even refusing to kneel for prayers. While Hunt had friends or money enough to have a coach ready to carry his corpse away from the surgeons who haunted hang-days in search of prey for their anatomy theaters, one final posthumous indignity still awaited Mr. Collins — described by the Ipswich Journal in its September 3 edition:

LONDON, August 27.
The Body of Thomas Collins, executed on Kennington-Common for Sodomy, that was carried off by the Surgeons, being, on Examination, found to be infected with the Venereal Disease, was carried back to the Gallows and there left naked.

Read the full account at Rictor Norton’s site here, or peruse the rest of the Sourcebook including his Grub Street resources on all manner of commoner life and literature (LGBT-related and not) for the 18th century British.

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1743: John Breads, Rye killer

On this day in 1743, John Breads met his fate on the gallows in the small Sussex town of Rye, on the south coast of England. The spectacle of his hanging was compounded by the subsequent use of the gibbet, a cage in which Breads’s body was left exposed to the elements in Gibbets Marsh for more than 20 years.

On the face of it, this was just another hanging in the dustbin of history, but author Paul Kleber Monod uses it as the focal point of a book, The Murder of Mr. Grebell: Madness and Civility in an English Town (review | another), in which he wraps Rye, the murder and the execution into the social structures of England (especially small-town England) of the 18th century.

Although the murder itself is a small part of Monod’s book, he nonetheless outlines two aspects of the Breads story which make it worth a look by readers of Executed Today:

  1. the issue of fairness in the handling of the trial and execution; and
  2. the killer’s attempt to assert “mental distraction”

The facts of the murder itself seem fairly straightforward, although a little quirky, since the whole affair was apparently a case of mistaken identity: James Lamb, the then-mayor of Rye, was invited to dinner on March 16, 1743, to celebrate the appointment of his son John to the customs service. Lamb was feeling ill that day and asked his brother-in- law, Allen Grebell, to attend the dinner in his place. As Grebell was returning home after the event, he was attacked and stabbed in the churchyard by John Breads; although Grebell was able to make it back to his home, he died that night from his wounds.

When Breads was arrested for the murder, he claimed he had intended to kill Lamb, not Grebell. Monod points out that, since Lamb was related (albeit by marriage) to the victim, normal procedure would have been to move any hearing or trial to another jurisdiction, or at least allow an independent jurist to preside over the case. Breads’s assertion that Lamb was the intended victim should have given the Mayor even more reason not to be involved.

Instead, he insisted on keeping the trial in Rye and compounded the irregularity by acting as both prosecutor for the grand jury and as judge for the trial, thus ignoring judicial standards relating to conflict of interest. Additionally, one description of the trial claims that Lamb testified during the trial itself; if this is true, Monod says, such testimony was a breach of common law, which dictated that judges could not testify in cases over which they were presiding.

Monod introduces a commentary by Rye resident and lawyer Henry Dodson, who questioned whether Breads had received a fair trial in light of Lamb’s actions:

How fair a Tryal, the Prisoner had, I leave the Reader, to determine after he is informed, the above Mr. Lamb, was Mayor, Coroner, Party Prosecuting, Judge, Witness and Sheriff, in Presenting, Trying and Executing the said John Breads.

I suppose, he was Mayor, Coroner, and Sheriff, as essentiall, to the office of Mayoralty; Party and prosecutor, as Brother in Law to the Unfortunate good Gentleman, that was Killed; and Judge, and Witness out of Zeal, in getting the Prisoner proved Sane …

Dodson seemed to feel that Lambs involvement in the case was just a little too personal, and the fact that Breads was gibbeted after his execution might lend some credence to that idea. Gibbeting, Monod points out, was not usually a punishment imposed by a judge, but rather by royal order, and it was generally reserved for the most serious of killers.

But Monod puts the trial into a larger social context, suggesting that

the trial of John Breads bears a message about how the law operated in the 18th century [and] stands as an example of how authority might assert itself aggressively and unrestrainedly. The last word belonged to the judge … a kind of paternalism based on the social (and hence moral) inequality between defendant and judge. It was the opinion of the magistrate that counted.

[This] system reflected a social and political structure in which authority had been concentrated in a few hands, usually by inheritance … Breads had little chance of escaping the most extreme form of retribution.

The second point of interest in the Breads trial was that it stood at the cusp of a new understanding of insanity in the commission of crimes.

This is a mere replica of the Breads gibbet on display at the Rye Museum, but the town council still has possession of the original, skull and all. It’s reported to be a highly sought gawk, but it can only be seen by special arrangement.

Although Breads originally claimed his plan was to kill the mayor, he changed his tune at the trial, where he was reported as having said that “if he had committed the Fact, he knew nothing of it, for it was done when he was in Distraction … In short, he affected Madness …” (Kentish Post, June 1-4, 1743)

Or, in today’s parlance that would fitfully develop, “Not guilty by reason of insanity.”

Insanity had been a legitimate defense for years, but the definition of insanity was very much in flux at this time. Doctors suggested that madness was due to a mental defect rather than possession by an evil spirit and lawyers were pushing the idea that homicide required “malice aforethought,” while many average citizens still believed that those who were mad were in the grip of the devil.

Monod proposes yet another possibility by putting the question into a sociological context: “Insanity does not operate randomly,” he writes. “It cannot separate a sufferer from the social context in which he or she exists.”

For Breads, whose upbringing had been closely tied to his church, that context included unsuccessful attempts in the late 1600s by religious purists to wrest control of Rye’s government and economy from the wealthy secular class, and the antagonistic feelings that remained from the abject failure of that effort and the perceived religious persecution that followed it. Breads was no doubt influenced by that antagonism, Monod suggests, and those feelings “may have alienated him from the way the town was governed … [He] wanted to vent his rage on the oligarchs.” As a result, “Even in his madness, Breads was trapped by his own history and that of his native town.”

Whatever the source of Breads’ “distraction,” it did him no good. But it did become one piece of a serious conversation about the issue — a conversation which has continued for centuries.

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1743: Gen. Charles Emil Lewenhaupt, scapegoat

There’s a good chance that you experience an unpleasant degree of performance pressure from time to time in your environs, whatever they might be. Lord knows even the executioner is not immune to it.

But it’s doubtful very many are under the sort of professional pressure that Swedish general Charles Emil Lewenhaupt succumbed to on this date in 1743, when he was beheaded for command incompetence thanks to his country’s defeat in the 1741-1743 Russo-Swedish War.

An aggressive political faction of “Young Turks” — er, Young Swedes — known as the Hats had kicked the country’s cautious former president to the curb and aimed to restore the great power status Sweden had coughed up to Russia decades prior. In Sweden, their engagement with Russia would become known as the Hats’ War.

Lewenhaupt himself was elevated to command of Sweden’s Finland forces — for Finland was Swedish territory at this point, although it had been brutally occupied by Russia from 1714 to 1721 and only returned when Sweden ceded its Baltic possessions to Peter the Great — over a general who opposed the adventurous scheme. Ironically, the whole thing would ultimately redound to the benefit of Peter the Great’s daughter.

In 1741 as the War of Austrian Succession consumed the rest of Europe, Lewenhaupt was placed in charge of the opening gambit, an invasion of Karelia. Russia’s autocratic Empress Anna had just died in 1740, leaving her niece Anna Leopoldovna in charge as regent for the the infant Ivan VI. The idea from the Swedish side was to pair the invasion (with a short line to St. Petersburg, then the capital) with an internal coup against the shaky monarch; further to that latter end, Swedish diplomats* maneuvered behind the scenes to position Peter the Great’s popular daughter Elizaveta to seize power, whereupon she would cede back to Sweden (either out of gratitude or by compulsion of the arriving Swedish armies) the Baltic lands recently torn from Stockholm’s hands.

Make sense?

The entire project was a fiasco for Sweden.

Sweden’s Hats-dominated Riksdag declared war on Russia in July of 1741, but the joint land and naval attack that was supposed to ensue completely failed to materialize: the Swedish fleet had been ravaged by an epidemic while awaiting the action, and the Swedish army massing at Villmanstrand had not yet finished assembling. So having thrown down the gauntlet, the Swedes just stood flat-footed, and it was the Russians who launched the invasion by routing the army at Villmanstrand. Our Gen. Lewenhaupt only arrived at that army two weeks after the battle.

Things went pear-shaped from that point for Sweden, but back in St. Petersburg the invasion’s prospective beneficiary was doing just fine.

Elizaveta had cagily accepted the aid of her French and Swedish “benefactors” but without committing any reciprocal promise to paper. Far from being a catspaw of foreign interests, this daughter of Russia’s conquering tsar was a popular figure in her own right, especially with the elite Preobrazhensky Regiment; on the evening of November 24, 1741, Elizaveta displayed herself at the regimental barracks dramatically clad in a breastplate and wielding a silver cross, summoning her supporters to mount a coup that the guards themselves had long sought. It was achieved (by Elizaveta’s own insistence) without bloodshed** that very night.

Duly installed, Elizaveta simply continued prosecuting a war that was going quite nicely for her side thank you very much, eventually forcing Sweden to conclude the war with a treaty ceding yet more territory to Russia.

The tribulations of this embarrassing (and costly) war led for Sweden to an internal rebellion — but the Hats were able to crush it and hold onto power by farming out blame for their failed war of choice onto the generals in the field. In 1743, Gen. Lewenhaupt and Gen. Henrik Magnus von Buddenbrock were sentenced to death for command negligence. Buddenrock was executed on schedule on July 27, but Lewenhaupt managed to escape — briefly. He was recaptured aboard a ship fleeing for Gdansk and beheaded on August 4.

Needless to say the great classical tradition of “with your shield or on it” did not extend to the Hats’ civilian leadership. These fellows maintained their hold in the Riksdag long enough to fling Sweden into yet another costly war of choice with Prussia in 1757, where they got their ass kicked again by Frederick the Great.

* Joined by French diplomats, whose interest in Elizaveta’s takeover was to abort Russia’s alliance with Austria and England in the continental war. The Hats had aligned Sweden with France; the latter helpfully supplied the cash Elizaveta needed as the intrigue unfolded over 1741.

** Never the violent type, Elizaveta is especially notable in these pages for her pledge never to approve a death warrant under her reign. Russia would not see another execution until 1764, under Catherine the Great.

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