1873: James Connor

The Capital Punishment UK Facebook page exhumes a ghastly artifact for us in the form of the September 8, 1873 hanging of James Connor at Kirkdale Gaol … and then his second hanging moments later.

A former boilermaker and sometime prizefighter, Connor had accosted a woman on the street with an aggressive proposition, then come to blows with the good Samaritans who attempted to intervene. One of them died from the blade wounds Connor dealt him; the other survived to firmly fix the identity of the rake.

That was on August 11, not even a full month before the man’s execution, and what was paid in haste was also surely paid in full after the stoical condemned instead of dropping to his death crashed into the side of the scaffold. According to the article shared by CPUK, it was not that the rope itself snapped but that “the splicing of the loop through which one end of the rope passes to form the noose had given way with the weight of the man.”

Either way, having built himself up to die game, Connor was somewhat unmanned at the horror spectacle of having his hood removed to behold prison officials scrambling to reset his gallows for a second pass. Per a broadside report,

After utterring [sic] a few deep groans he muttered to Warder Bradley, “What do you do this, do you call this murder?” The chaplain recommenced his ministrations, and entreated him in tremulous voice to keep up. At this point Connor, although suffering terrible physical pain, was heard to exclaim in a feeble voice, “After this you should let me off; surely this is enough. I stood it like a brick the first time.”

Of course, he had to stand it a second time too. Thankfully a third try was not required to accomplish the deed.

It was one of the last executions in the lengthy and botch-prone career of hangman William Calcraft, who was nearing his 73rd birthday at the time. Already he had was being surpassed in his art by the scientific professionalism of Marwood; by 1874, Calcraft was forced to hang up his brittle nooses for good.

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1873: Twelve Cuban revolutionaries

On this date in 1873, twelve more Cuban revolutionaries condemned by the Spanish military were shot in Santiago de Cuba, raising the overall November 7-8 butcher’s bill to 49 and seeming to auger the massacre of the entire 100-strong crew of the captured American blockade runner Virginius, and the prospect of outright war.


Cincinnati Commercial Tribune, Nov. 13, 1873.

But instead, they were the last of the executions, thanks to the bold action of a British officer.

Sir Lambton Loraine, skipper of the HMS Niobe anchored at Santiago de Cuba, dashed off a demand/threat to General Juan Burriel insisting upon an immediate cessation of executions … which he delivered personally.

Military Commander of Santiago —

Sir: I have no orders from my government, because they are not aware of what is happening; but I assume the responsibility and I am convinced that my conduct will be approved by Her Britannic Majesty, because my actions are pro-humanity and pro-civilisation, I demand that you stop this dreadful butchery that is taking place here. I do not believe that I need explain what my actions will be in case my demand is not heeded.

Communiques back to the American and British governments were running days behind events; had Loraine waited on those orders from his government, many more rebels would likely have been shot over the subsequent days. Instead, the executions ceased, clearing a path to the resolution of the crisis.

Loraine was celebrated as a hero in the United States, a number of whose nationals were aboard the Virginius. When Cuba attained independence from Spain at the end of the century, a wide boulevard in Santiago de Cuba was renamed Lambton Loraine street.

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1873: Captain Joseph Fry and 36 crew of the Virginius

On this date in 1873, Joseph Fry,* captain of the captured U.S. blockade runner Virginius, was shot in Santiago de Cuba along with 36 of his crew members. (The full roster of those executed on November 7 can be found on this page.)

This shocking mass execution just a day after court-martial compassed many U.S. citizens among its number including the captain himself, a former Confederate naval officer, and it threatened to spiral the Virginius crisis into war between the U.S. and Spain.

“The feeling of our citizens was raised to fever heat by the execution of the Cuban leaders,” one paper raged (the Evening Post, as quoted by the Washington, D.C. Daily National Republican of Nov. 13, 1873). “It will now rise to the boiling pitch.” The New York Herald called on the Grant administration to “speak to them [Spain] now with an iron throat before the rest of the victims of the Virginius are slaughtered, and in language that they would understand.” (Nov. 12, 1873)

Within days, the war tocsin rang throughout the American republic, from the lips of Congressmen and the fulminations of editorial pages. Gunships were scrambled from Atlantic ports. Even Tammany Hall passed a resolution demanding hostilities. Under different leadership on either side of the prospective conflict matters could easily have escalated; U.S. papers were soon inflating the already very sizable death toll to 80, or even to the entirety of the Virginius crew. This press roundup from the Providence (Rhode Island) Evening Press will suggest the tenor of the moment.

NEW YORK, Nov. 13 — Senator Conkling said in an interview at the 5th Avenue Hotel last night, “If the facts are as represented, I have not the least doubt that instant measures will be adopted to avenge the outraged honor of this country, and teach a lesson they will never forget to those who have dared insult our flag. Those measures will be of a character that will involve not alone the fate of the insurrection in Cuba, but the whole future of the island… The honor of the country will I repeat, be vindicated if on investigation it shall be found that an outrage has been committed on our flag.”

NEW YORK, Nov. 13. — The Herald says, we can no longer trust to diplomatic protest and Madrid orders. Our safety must be in the weight of our metal and bravery of our sailors for the outrage of the murders at Santiago de Cuba …

The Sun says the nation might put up with having their flag trampled upon. They might even submit to murder in cold blood of the Cuban leaders taken under the protection of that flag; but this wholesale butchery shocks every feeling of humanity, and cannot fail to rouse the sentiment of national honor and dignity …

The World says: The pretence of piracy is too absurd for serious discussion. But on any other hypothesis the Cuban authorities had no right to meddle with the Virginius, except within a marine league of their own coast.

The Times says, although we are a peaceable nation,** we have not arrived at the point at which we can stand by and see Spain assassinate American citizens with impunity.

By reply, “The Voz de Cuba of today [Nov. 12, 1873] says editorially that it [is] as humane as anybody, more so than many who make ostentatious professions of philanthropy, but it cannot do less than approve of the energy displayed toward all rebels, and particularly toward those whom the filibustering steamer Virginius brought to make more bloody war on Cuba.” (quoted from the Worcester, Mass. Spy of Nov. 14, 1873)

* An 1875 biography is in the public domain: Life of Capt. Joseph Fry, the Cuban martyr.

** This phrase assuredly appears in the wartime propaganda campaign drinking game.

Part of Corpses Strewn: The Virginius Affair.

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1873: Four Cuban rebel generals

On this date in 1873, not five days after capturing the Virginius — a U.S. blockade runner illegally supplying separatist rebels in Cuba — Spanish General Juan Burriel had four of the rebel brass found aboard shot under martial law.

Santiago de Cuba, November 4, 1873

To his Excellency the Captain-General

At six o’clock this morning were shot in this city, for being traitors to their country, and for being insurgent chiefs, the following persons, styling themselves ‘patriot generals:’ Bernabe Varona, alias Bembeta, general of division; Pedro Céspedes, commanding general of Cienfuegos; General Jesus del Sol, and Brigadier-General Washington Ryan. The executions took place in the presence of the entire corps of volunteers, the force of regular infantry, and the sailors from the fleet. An immense concourse of people also witnessed the act.

The best of the order prevailed. The prisoners met their death with composure.

Juan B. Burriel

Part of Corpses Strewn: The Virginius Affair.

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1873: Elizabeth Woolcock, the only woman hanged in South Australia

Elizabeth Woolcock on December 30, 1873 became the first and only woman ever hanged in South Australia.

The daughter of a gold prospector, Elizabeth Oliver (as she was then) began a lifelong bout with chemical dependency when she became hooked on the opium used to treat her after she survived a rape at the tender age of seven. (This attack also left her permanently unable to bear children.)

At 19, she joined the Moonta household of alcoholic Cornish immigrant Thomas Woolcock — first as his housekeeper helping to mind the sole child to survive the tuberculotic ravages that had carried away his brother and mother, and within a few weeks as Woolcock’s wife.

Elizabeth was very young and had not known Thomas long. Her infelicitous choice opened an unhappy union that, in the trial to come, would mark her with an obvious motive for murder. “I have to put with it as long as I can but Tom has got so bad, that I cannot bear it any longer,” she wrote to her stepsister a few months before the events that would lead her to the gallows. “He is a perfect devil; and if stop [sic] here much longer I shall hang myself.”

Motivation aside, however, quite a few people not only latterly but also in Woolcock’s own time have suspected that she got a bum rap, product of shoddy medical evidence and a sort of self-confirming communal tunnel vision when Thomas wasted away over a period of weeks in 1873. Thomas Woolcock’s cousin in particular appears to have spearheaded the campaign to open a coroner’s investigation of the death aimed squarely at his widow.

Three different physicians treated Thomas from the time he fell ill at work on July 23 of that year until his death six weeks later. Drs. Bull, Dickie and Herbert each made different diagnoses and prescribed, as this examination of the case puts it, “a bizarre (to modern eyes at least) range of medication that included rhubarb, cream of tartar, mercury and lead acetate.”

Dr. Bull’s prescription of pills containing mercury seems like any obvious place to begin the inquiry since the government’s chemists concluded that mercury poisoning had killed the man, and since the erratic Bull had a chinashop-type relationship to medical competence. (Dr. Bull had done time in the insane asylum; a few months after Woolcock’s execution, he died of an opium overdose.)

Instead, and seemingly driven by the suspicions of local chin-waggers, the investigation and subsequent trial focused on Elizabeth’s acquisition of “poisons” in a dismayingly unspecific sense: she used her stepson to hustle the local druggist for morphine and opium to service her own addictions, and this was a “poison”; she obtained a dandruff medicine that (like many household products of its day) contained mercury, and this was a “poison”;* she had some strange draught called antinomial wine that she was seen to spice with sugar and this too was inferred a “poison”. It all painted Elizabeth Woolcock as a latter-day Tofana without quite telling a coherent story of how she went about killing her husband. It’s not even clear now — and was publicly questioned in 1873 — whether the initial determination of death by mercury poisoning was itself reliable, nor can be certain whether, if mercury is supposed to be the lethal agent, it alone accounts for the entire span from health to grave or if instead a small exposure from Dr. Bull’s pills or contact with the skin medicine only finished Thomas off in a context where unrelated illness had already broken his health.

The evidence as it survives for us doesn’t rule out the possibility, but it’s difficult to reconcile it with anything like the confidence that ought to sustain a death sentence. However, Elizabeth’s garbled last letter did appear to vindicate the prosecution with an admission, though it’s one that her defenders have dismissed as pro forma for a confessor who would have been pressuring her to acknowledge the crime in the context of a final spiritual redemption.

in a evil hour i yielded to the temptation he was taken ill at the mine and came home and quarreled with me and Satan tempted me and i gave any poison for i more and i being very self willed i told him that i knew what power the poison had as i took it my self for some months and i was so ill treated that i was quite out of my mind and in an evil hour i yielded to the temptation he was taken ill at the mine and came home and quarreled with me and Satan tempted me and i gave him what i ought not but thought at the time that if i gave him time to prepare to meet his god i should not do any great crime to send him out of the World but i see my mistake now i thank god he had time to make his peace with his maker.

Efforts, thus far unavailing, to secure a posthumous pardon for Elizabeth Woolcock continue to the present day.

* The family dog died shortly before Thomas got sick; it would be postulated against Elizabeth that she experimented with poisoning on the pet before moving on to the man. An alternative hypothesis that fits the facts could be that the dandruff medicine was administered to treat a skin condition of the dog, which then proceeded to lick at the ointment and poison itself.

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1873: John Devine, “The Chicken”

Purple prose for a broken neck from the San Francisco Bulletin of May 14, 1873. Transcribed below is only the first third of the article — the remainder being dedicated to accounts of various other previous San Francisco executions.

This day has been marked by an event of signal import in the history of this city, wherein the slow hand of justice, after a lapse of many years, has overtaken one of the class of reckless criminals who have reveled in rapine and bloodshed, bringing reproach on the fair fame of San Francisco, and red-handed murder has expiated its guilt by the righteous penalty of ignominious death upon the scaffold.

Whatever may be the abhorrence of capital punishment commonly experienced by a portion of the people, while contemplating the events of the past few years, the tardy and uncertain sway of justice, a sense of satisfaction and increased security will be inspired in the whole community by the announcement of John Devine, “The Chicken,” has met the fate which the law prescribes for the destroyer of human life, and there is one murderer less in San Francisco.

From the infamous character of this man, and the terror which his deeds of violence excited through a long course of comparatively unpunishable crime, ere consigning him to oblivion, the public will be interested in a brief sketch of the

Career of the Murderer.

The man who has now paid the penalty of his last dark crime, leaves a record which has no parallel among the many depraved wretches who have figured in the brief but terrible criminal history of San Francisco, and perhaps the half has not been told.

The police officials considered him the most dangerous and unscrupulous criminal that infested the city, and hint at mysterious deeds of blood, never unravelled by the minions of justice, with which he is believed to have been connected. In truth, he was a fellow by the hand of nature marked, quoted and signed to do a deed of shame — apt, liable to be employed in danger with neither pity, love nor fear.

Devine was a native of Waterford, Ireland, where he was born in the year 1840, and was accordingly 33 years old at the time of his death.

He was of medium size, sharp features, dark-blue eyes, a low forehead, and generally repulsive expression of countenance.

He arrived in San Francisco in the year 1863, as a seaman on the clipper ship Young America.

On the voyage hither he distinguished himself as a quarrelsome fellow, and was frequently confined in irons to restore the discipline of the ship.

After squandering the wages he received in a short spell of carousing on shore, he was driven to the sea again and made a voyage to China, returning in the spring of 1865. He then obtained employment as a runner for sailor boarding-houses, in which capacity he perpetrated innumerable deeds of ruffianism in the “shanghaing” of sailors and citizens on outward bound ships. Shortly after engaging in this vocation he received the title of

“The Chicken.”

Which was endearingly conferred by one of his fellows, as significant of his prowess in a prize-fight.

Devine had four notable encounters of this order, in the city and vicinity, and displayed remarkable endurance and determination, though not always successful.

His career from the time of setting himself on shore was one continuous round of crime, and he is well suspected of having a knowledge of the manner in which many a corpse found floating in the bay, with fractured skull and rifled pockets, yielded up i[t]s life. His record on the police register shows

Seventy-Nine Arrests!

Up to May 16, 1871, when his final arrest for the crime of murder was made.

The charges against him embraced all manner of crimes, principally robberies and assaults with deadly weapons, it being his custom to assault his victims with slung-shot and brass-knuckles. His recorded crimes, however, are not supposed to embrace any near approach to the ull measure of enormities that were charged upon his guilty soul.

He was capable of the most savage treachery, and on one occasion attempted the murder of a prize-fighter named Tommy Chandler, by springing upon him from behind a door with a heavy iron bar. Being foiled in this, he subsequently shot Chandler, but not inflicting fatal injury, he got off with a short term of imprisonment on conviction of assault to murder.

A Characteristic Exploit.

On the 8th of June, 1867, about 6 o’clock in the morning, Devine assailed an aged German lady, named Mary Martin, as she was walking along Merchant street, near Battery, tore the pocket from her dress, and robbed her of a purse containing a check for [obscure] and $25 in coin.

For this robbery he was arrested, and released on bail, for notwithstanding the character he bore, he was usually enabled to find friends to go upon his bond in a certain part of the city.

When the case came up for trial officers went in search of Mrs. Martin, who had resided at a house on Powell street, as the important witness for the prosecution of Devine. The lady had disappeared.

What became of her was never known; but it was possible that Devine might have told. Passing over a list of comparative minor offences, such as knocking down and robbing people, the next noticeable affair in which this remarkable criminal figured was the

Attempted Murder of Miss McDonald.

On the night of the 9th, October, 1867, Miss Martha McDonald was standing in front of her place of residence, at the Mission, when she was suddenly seized by two men who were masked.

She was gagged by a handkerchief being forced into her mouth, and prevented from giving any alarm. In this condition the men dragged her a distance of two blocks and a half, to the bridge which crosses Mission Creek at Sixteenth street.

One of the two then started, according to the directions of his companion to “get the carriage.”

Being left in the custody of one only, Miss McDonald made a desperate effort to release herself. The fellow attempted to chloroform her; but the drug being spilled from the bottle, he then endeavored to secure her with a strap.

At this juncture the other man returned, and she heard the exclamation, “kill her, kill her!” A moment after she was pushed off the bridge, and fell into the muddy waters of the creek, while the two men who had abducted her ran away.

Slowly and surely she was sinking into the muddy bottom, with no assistance at hand, until the water was about her neck. Fortunately an alarm of fire started some person past the locality, and her cries of distress being heard, she was discovered and rescued.

Devine was arrested as one of the participants in this crime, and Miss McDonald positively identified him by his voice. Devine extricated himself from the affair by proving an alibi, it appearing that he was serving a term in the County Jail at the time of the attempted murder.

It subsequently transpired, however, that he held the privileged position at the County Jail of “outside trusty,” and was permitted to travel to all parts of the city at will in the performance of errands for prisoners in more restricted limits. And more than this, he was abroad at the very time the abduction of Miss McDonald was made.

The Loss of a Hand.

In the month of May, 1868, Devine was indulging in one of his periodical carousing spells, and often bringing terror to several of the resorts on his beat at the city front, he entered a boarding house kept by William Maitland, on Battery street.

Here he flourished a huge knife with the recklessness of a savage, and caused a precipitate retreat of all who happened to be in the place.

The proprietor had been asleep in the second story of the house, and hearing the uproar, came came down for a reconnaissance. Devine immediately started for him when he made his appearance, but Maitland was not of so yielding a disposition as to be driven from his own castle, and closing with Devine, he succeeded in disarming him.

The latter then made an attempt to recover the knife, when Maitland with a powerful stroke cut him across the wrist. The blade, by wonderful chance, entered the wrist joint, and the completely severed hand fell to the floor.

Devine was appalled for once in his life, and hurriedly departed; but presently he returned and demanded his lost hand, which Maitland kicked out upon the sidewalk to him. Devine took the severed member and hastened to a drug store, where he implored a clerk to try and sew it on again. But the injury was irreparable.

Devine as a Merchant.

After a season of retirement in the County Hospital, Devine emerged as far repaired as medical science would permit, and being a cripple, his condition excited the pity of boarding-house masters and others at the city front with whom he had been associated.

A contribution was made among them, amounting to $800, to enable Devine to establish himself in business by keeping a cigar stand.

He took the money, but instead of following the advice of his benefactors he squandered the whole sum in a few weeks of dissipation, and again returned to the pursuit of crime with all his previous energy.

He was associated with a woman named Mary Dolan, as bad as himself, and who was punished by terms of imprisonment in the County Jail and Penitentiary.

From the time of losing his hand up to his final arrest, he perpetrated numerous larcenies, some of considerable amounts, and was always busily engaged in thieving when not confined in jail.

A complete history of this man and his offenses would be one of the most appalling in the annals of crime. Such was John Devine, and rarely has the slow grip of justice overtaken a criminal more richly deserving of the severest penalty known to the law.

Murder of August Kamp.

The crime which John Devine has now expiated with his life, was one of the most cruel and wanton ever recorded in a civilized community, and could only have been accomplished by one utterly depraved.

It was in perfect keeping with the whole life and character of Devine, who had become callous to every impulse that elevates a man above the merest savage.

August Kamp was an unsuspecting young German, without relatives in the country. On the 10th of May, 1871, he arrived in the city from Antioch, where he had been employed, bringing with him his savings, to the amount of about $120.

He started immediately in search of employment, and while making his inquiries along the city front, he was met by Devine, who offered to procure him a situation on a fishing vessel.

Elated with this promise, young Kamp was persuaded to loan $20 to Devine, on the understanding that it would be repaid him the following day. The money was not returned as agreed, and Kamp finally suspecting the true character of his debtor, importuned him earnestly for his pay. Devine put him off repeatedly, at one time pretending that he had nothing but greenbacks on hand, and again making some other excuse.

On the 15th of May, Kamp having again demanded his pay, Devine told him that if he wanted the money very bad, he must go with him to his mother’s ranch, beyond Bay View. Accordingly the two started for the imaginary ranch, walking as far as Long Bridge, when they boarded one of the Bay View cars. On reaching the terminus of the railroad, the two got off the car and walked along the road. After passing the Five-Mile House, Devine pointed off to one side, saying that his mother’s ranch was in that direction, and by striking off across the fields instead of following the road they might save a distance of one mile out of two. Young Kamp assented and the two started across a lonely stretch of land, through vales and over hills, until a point was reached which the murderer thought sufficiently secluded for carrying out his design.

Kamp stooped down to crawl between the rails of a fence, Devine walking behind him, when the latter suddenly drew a pistol and fired the fatal shot, the ball entering Kamp’s skull behind the right ear.

Devine then ran away, supposing he had effectually dispatched his victim, and was seen hastening back alone to the railroad terminus.

Kamp was shortly after discovered by a Spaniard, who was herding sheep in the locality, and being still able to walk, he was assisted to a saloon on the road, and from thence brought in to the city and given in charge of the authorities.

From the representations which the mortally wounded youth could make, and other circumstances, the police were immediately confident that Devine was his murderer, and measures were at once instituted for his arrest.

He was traced to various places in the city, where he had boasted of obtaining money by an easy method, admitted to several that he had shot a man and endeavored to dispose of a revolver.

He was finally captured on board a steamer at Meiggs’ wharf, which was just about crossing over to Marin county, and the revolver, with two chambers discharged, was still in his possession.

At the City Prison he was placed in the midst of fifteen or twenty persons, and Kamp, who was yet rational, readily singled him out as the murderer. He walked up and placed his hand on Devine, saying, “You are the man that shot me.” Kamp was taken to the County Hospital, and every effort made to save his life, but without avail.

Just before his death, which occurred on the 5th of May, an effort was made to take his ante-mortem deposition, but unfortunately the Coroner arrived too late, and the important evidence of the murdered man was not secured in the case.

The chain of circumstances presented in the several trials, however, made out a case against the accused as strong circumstantial evidence could be drawn, and a doubt of his guilt was hardily admissible.

The First Trial

Was brought in the Twelth District Court, before Judge McKinstry, on the 20th of February, 187, and occupied eight days, resulting in a verdict according to the indictment of “murder in the first degree.” The Court sentenced Devine to be executed on the 25th of April, 1872.

Judge Tyler, counsel for the condemned, appealed to the Supreme Court for a new trial on mere technical grounds, his principal point having reference to a minor discrepancy of evidence of one witness as taken before the Coroner at the trial. Although the several points did not affect the merits of the case in the least, the appeal was successful, and to the efforts of most indefatigable counsel the wretched man was indebted to an extension of his lease of life a full year.

The case was brought to a second trial in March last, in the same court. In the meantime an important witness had died, and the prisoner and his counsel were exceedingly hopeful of founding complications on this circumstance equal to another successful appeal to the Supreme Court.

After another tedious trial the inevitable verdict of “guilty” fell upon the ear of the doomed man for the second time, and he was again sentenced to be executed on Friday the 9th of May.

Hope was still buoyant in his breast, relying upon the determined goal of his counsel, until the 7th, when the announcement was made that the Supreme Court affirmed the judgment of the lower court, and his fate was sealed beyond the further probability of human interference.

By the earnest intercession of the spiritual adviser of the condemned prisoner, the Governor was persuaded to grant a brief reprieve of five days, in the hope that the guilty wretch, with the certainty of speedy death before him, might finally yield to the ministrations of his anxious spiritual adviser, Rev. Father Spreckles, and meet his end in a penitential spirit.

During his long term of imprisonment Devine manifested a bearing of bravado, never believing that merited retribution would finally overtake him, and on several occasions he laughed to scorn kindly persons who ought to impress him with a realization of his terrible position, and turn him to preparation for another life. By a

Remarkable Coincidence

His execution occurred two years to a day from the commission of the murderous act that consigned him to death at the hands of justice, and in his case it may be said, “God’s mills grind slow but sure.”

After receiving his brief reprieve from the Governor, Devine realized that no earthly interference could avail him further, and he relinquished all hope of life.

At his own solicitation all visitors were ecluded from his cell with the exception of his spiritual advisers, and he gave himself earnestly to preparations for the awful change that awaited him, in the few hours that still remained.

At times he wept bitterly when exhorted to a contemplation of his guilty life and true repentance, and the consolations of religious faith seemed to reconcile him to his fate, and enable him to await his end with fortitude.

On Monday he received the Sacrament of Communion from Rev. Father Spreckles, and Archbishop Alemany conferred upon him confirmation in the Roman Catholic Church.

On the succeeding days Devine assumed an air of cheerfulness. On Tuesday he asked permission of the Sheriff to be shaved, which was granted, the precaution first being taken to bind him securely to guard against any suicidal designs. His ostensible wife, Mary Dolan, was in jail at the time of the execution, having been committed a few weeks since for her common offence of habitual drunkenness.

Parting With His Son.

Devine also had a son, a child of six years of age, whom he had not seen for several years, and he expressed an earnest desire to see him before his death.

The Sheriff and his deputies were anxious to gratify this last request, and visited the various charitable institutions in the city yesterday, endeavoring to find the child.

Devine last heard of him at the Protestant Orphan Asylum, where he had caused him to be placed immediately after his arrest for murder, the mother, Mary Dolan, being unfit to care or provide for him in consequence of her continual drunkenness and frequent detentions in jail.

The lad had been removed from the Orphan Asylum, but the Sheriff happily discovered him in charge of the Ladies’ Relief Society, comfortably provided for.

When the child arrived at the cell of his wretched father last evening, Devine was much affected, and exhibited instincts of humanity he had never known before. He embraced his offspring tenderly, wept over him, and implored him to shun the evil ways that had brought his father to ignominious death, and when the lad was finally removed, he clung to him with convulsive throbs, as if parting with the only object that had ever awakened the emotion of affection in his breast.

Last Hours of the Doomed Man.

Devine retired at about 10 o’clock last night after devotion with his spiritual adviser. He slept soundly through the night until 5 o’clock this morning, when he was awakened by the Jailor.

In reply to the inquiries of the officer, he said that he had enjoyed refreshing slumber, as one could who had a clear conscience. He dressed himself with care, and gave much attention to combing his hair neatly and arranging his toilet, having been provided with a new suit of black and a pair of slippers.

At 8 o’clock he ate a hearty breakfast, and shortly after his spiritual adviser, Rev. Father Spreckles, Archbishop Alameney [sic] and two Sisters of Mercy arrived. The doomed man devoted the remaining few hours of his life to fervent supplications for mercy.

As the hour for the execution approached, the wickets in all the cells were closed, the “trustees” allowed the limits of the Jail were locked up, and the condemned murderer Russell was taken to a remote part of the jail and locked in the room formerly occupied by Mrs. Fair.

At 11 o’clock the reporters of the press were admitted and allowed to inspect the preparations for the execution.

The Scaffold

Was laid across the railings of the upper corridor at the north end, the trap in the centre permitting the body to drop to the lower corridor within about three feet of the floor, the rope allowing a fall of six feet.

The gallows beam was extended above under the skylights, the ends resting in the ventillating apertures on either side.

On the west side of the scaffold an iron rod run up, to which was attached a cord, secured to a ring in one of the cell doors, the slipping of which drew the bolt by a weight and allowed the trap to fall. The gallows was the same used in previous executions, the last murderer who had stood thereon being the Chinaman, Chung Wong, who was executed in 1865.

At twenty minutes to 12 the Sisters of Mercy took their leave of Devine, and shortly after, attended by the Sheriff and the priests, Devine was conducted from the No. 1 cell near the entrance of the lower corridor, which he had occupied since his fate became sealed, to No. 41 cell in the second corridor, which was located nearly opposite the steps leading upon the scaffold. He looked pale and haggard, but a smile rested upon his countenance as he passed the group of reporters at the foot of the stairway.

He ascended the stairway with a light elastic step, and seemed to look car[e]lessly at the gallows as he tripped along the gallery.

At half past 12 o’clock an immense crowd had gathered in the street in front of the jail, and on all sides of the building where a position might be obtained to observe even the grim walls within which the dread scene of violent death was being enacted.

The Sheriff then admitted all those who had received permission to be present, to the number of about two hundred. The spectators included several Sheriffs from adjoining counties, members of the Board of Supervisors, physicians, city officials, and upwards of thirty reporters of the press, among the latter being representatives of some of the Eastern papers, and artists for the New York illustrated journals.

The reporters were assigned a position directly in front of the scaffold, in the west gallery of the upper corridor, and the physicians took their places within the line on the floor of the lower corridor.

The prisoner remained in his cell engaged in his final devotions, while the tramping of many feet and the subdued murmur of voices without, reminded him of the relentless hand of Justice, eager to close his career.

The corridors, above and below, were greatly crowded, while the side openings, below the sky lights, in either, were completely occupied, their appearance suggestive of the private boxes of a public exhibition.

The Execution.

At a quarter to 1 o’clock, the Sheriff directed his deputies to their positions upon the scaffold, and immediately after he entered the cell of the doomed man for a parting interview of brief duration.

On emerging, Sheriff Adams mounted the scaffold and stated to the spectators that it was the wish of Devine that all should preserve silence and ask him no questions.

At two minutes before 1 o’clock the Sheriff opened the door of the cell and Devine emerged, carrying a crucifix in his hand and followed by Father Spreckles. He ascended the steps to the scaffold with closed eyes, manifesting symptoms of weakness, and though bearing up with great power of nerve, the expression of his countenance and the twitching muscles of his throat indicated the welling up of inexpressible agony of soul.

While standing upon the scaffold his eyes remained closed, while Father Spreckles, taking the crucifix, continued whispering the consolations of the Church in his ear.

The death-warrant was hurriedly read by Deputy Lamott, but Devine gave no heed thereto, attending closely to the ministrations of Father Spreckles and frequently kissing the crucifix with much fervor as it was placed to his lips.

At the conclusion of the reading of the warrant, ailor McKenzie bound the doomed man with straps. One was passed round his breast and pinioned the arms at the elbows, another at the waist pinioned the wrists, and two other straps were secured about the knees and the ankles. The rope was then placed about his neck, the large knot of the noose fixed under the left ear.

Last Scene of All.

The murderer now stood upon the verge of the unknown. He opened his eyes for the first time upon the scaffold ere quitting the warm precincts of the cheerful day, and cast one longing, lingering look behind.

The bright sunshine shimmered through the skylights into the gloomy corridor, and wrought the shadow of the gallows-beam before him.

Loud laughter and the murmur of the thoughtless crowd without disturbed the awful stillness that reigned within.

Nerving himself for the last moment, Devine exclaimed with a loud voice, “Oh, my sweet Jesus, unto thy hands I commend my spirit. Amen.” He kissed the crucifix again, and the black cap was drawn over his head.

The spectators awaited with bated breath.

A moment more and a dull grating sound lie the swinging of a gate, broke the solemn stillness, and the soul of the murderer had passed out.

As the trap swung, Devine dropped about six feet, a sharp snap indicating that his neck was broken. A few convulsive throes succeeded for a moment with drawing up of the knees, and death resulted speedily with little pain. The physicians made the usual observations, and pronounced life entirely extinct in less than 15 minutes. The execution was most successfully carried out in every detail.

The spectators commenced leaving the jail immediately after the fall of the drop, excepting the few whose presence was required to sign as witnesses of the due execution of the sentence. The large crowd without lingered until the afternoon was well advanced, in morbid curiosity, discussing the death and career of the departed murderer.

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1873: John Gaffney, hanged by a President

On this date in 1873, John Gaffney hanged in Buffalo — the last of two executions conducted by future U.S. President Grover Cleveland.

The man whom future foes on the national stage would deride as the “Buffalo Hangman” got his political start as sheriff for that Erie Canal port. It was the Sheriff’s honor not only to drop the trap on a condemned man like Gaffney, but, in the first days of February, to successfully petition Gov. John Adams Dix* for a short delay pending execution of the sentence.

Having been condemned for a drunken murder the year prior, Gaffney was then engaged in playing vigorously his last card for clemency: “either insane through fear of death or pretending insanity,” as press reports put it. (We find this one all the way down in Texas’s Galveston Tri-Weekly News of Feb. 7, 1873.) “He has become very violent and uses the foulest language to all who approach him. He walks incessantly, and is said to have abused his spiritual adviser in the most outrageous manner to-day, and threw a crucifix at him through the grating.” Most everyone supposed this was a put-on, but a group of physicians wanted some time to examine him for propriety’s sake.

This ruse kept Buffaloans quite excited for the next week, butteressing the already-vigorous movement among its best citizens for sparing Gaffney’s life.

But in the end, his life was only spared for a week.

To give the killer his due, he had the dignity not to continue the pretense once the governor made it clear that the attempt had failed. Sheriff Cleveland delivered to Gaffney the bad news, and with it, an instantaneous return to reason. (Gaffney admitted once again under the gallows that his madness was shammed.)


From the Feb. 12, 1873 New York Herald.

For the whole of his short adult life, and even years before then, Gaffney was a rough customer down in Buffalo’s seedy dockside canal district — where “a life didn’t count for much.”

One night in May the previous year, Gaffney had been on one of his frequent benders through the district’s cutthroat dive bars. While gambling that night at Sweeny’s saloon, he fell into a senseless quarrel with another of his depraved ilk named Patrick Fahey — which ended when Gaffney produced a pistol and the evident intent to use it. Fahey fled as Gaffney fired errantly, making it all the way to the street before his whiskey-addled assailant finally aimed true. The noise of the volley brought a pair of police running — they only ventured into this part of town in pairs — and they arrested Gaffney on the spot while Fahey breathed his last into the iniquitous gutter.

Gaffney’s usual crew zipped their lips. But police were able to find a minstrel named McQueeney who was witness to the mayhem and prepared to talk (and testify) about it.

By the end — after eight months’ worth of legal maneuvers, clemency appeals, and faux-insanity — Gaffney affirmed his guilt to the witnesses who attended his Valentine’s Day hanging, blaming drink for escalating the encounter and regretting that he had not admitted all and thrown himself on the mercy of the court. “I beg pardon for all the crime I have done, and I forgive all who have injured me,” he said. Then at two minutes before noon, the 22nd and 24th** U.S. president touched the spring to open eternity beneath Gaffney’s feet, and efficiently snapped his neck.

* Dix was one-half of the namesake of the Dix-Hill cartel under whose auspices the belligerents of the recent Civil War managed their prisoner exchanges. The breakdown of this exchange system in 1863 helped create the conditions for the humanitarian catastrophe at Andersonville.

** As all U.S. civics nerds know, Grover Cleveland was President from 1885 to 1889, then lost an election to Benjamin Harrison, then defeated Harrison in a rematch in the next election and returned to the Oval Office from 1893 to 1897: the only president who served multiple terms non-consecutively.

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1873: A day in the death penalty around the U.S., courtesy of the New York Herald

Dispatches to the New York Herald from 1873 give us today’s post: a little portrait of public hangings in Reconstruction Dixie.

Isham Belton O’Neill, 32 at his death, hanged in Atlanta on this date in 1873; the Herald reported it in the next day’s edition.

O’Neill grew up on a farm outside Atlanta but was taken to the city by service in the Confederate army.

Postwar, he started a short-lived painting business with a fellow veteran, John Little: short-lived, because within a few months the courts were sorting out the partnership’s dissolution. Little, evidently, felt hard done by their rulings and “met O’Neill on the street several times after the snit, and even visited him at his shop, always urging him to let him have a sash, which he claimed to be his own property.”

On September 5th, 1871, they bumped into each other again by accident and after a few pleasantriles, Little started in on the sash again. “You got it be swearing a damned lie,” he insisted.

The testimony is that O’Neill then struck him in the face, and [Little] seized O’Neill first by the collar and then by his hands, which he endeavored to hold firmly; but O’Neill, by turning and exerting himself, wrenched his right hand from Little’s grasp, put it behind him and drew from under his coat a large Bowie Knife and quickly stabbed Little in the abdomen, the knife penetrating six inches deep, making a surface cut of two inches long, the sides of which were jagged, as if the sharp, two-edged knife, after having been plunged in, had been twisted round and drawn out.

Enough about the sash, okay?

O’Neill was a respectable fellow in the community (apart from the unpleasantness), and he stuck to a shaky “self-defense” story long enough that he might have started to believe it himself. So even though Little gurgled his last that night with five feet of bowel hanging out of the jagged fissure O’Neill had carved, the killer felt inordinately confident of an executive reprieve.

O’Neill even eschewed the opportunity to escape during a general jailbreak in February 1872, obediently remaining in his spot even with the cell door popped wide open in front of him. Several fellow prisoners successfully absconded on this occasion and avoided recapture.

O’Neill only received word of the governor’s final rejection of his petition at 1 in the morning on the date of his hanging, when “he was awakened out of a sound sleep to receive it.”

Up to that moment he had been confident in the belief that his life would be spared by the Governor, and had refused to listen to the advice of his counsel and spiritual advisers to prepare for death. When he was told that the last hope was gone he felt very bad and was convinced. For the first time he seemed to realize the awful situation, broke down and gave way to piercing cries and lamentations — “Oh! is it all over with me? My God! it is terrible. Does the Governor refuse even a respite? O merciful God, is there no other chance!” and he ended with long heartrending, choking sobs.

We turn now to the Herald‘s June 17 report of a public execution from Lebanon, Virginia.

A steady, sharp stroke of a hatchet, a rope is cut, the crash of a falling drop follows, another rope is stretched to its utmost tension, there is a rebound and the body of Archie Johnson, a negro, is swinging in the air, a solemn warning to an immense multitude of spectators that “he that sheddeth man’s blood by man shall his blood be shed.”

Archie Johnson, “a copper-colored negro, about twenty-eight years of age” with a countenance “regular and well cut for a negro” was the former slave of a local Russell County gentleman.

Upon liberation, the correspondent charges, he “began a career of dissipation and vice,” driving away a wife with his wantonness before he “totally abandoned himself to all that was degraded, vicious and criminal.” At last, he murdered a man named Hunt.

This story is particularly intriguing for the writer’s detailed — often editorializing — reportage of the hanging details.

Not only all Russell county were on the grounds, but from Washington, Scott and other surrounding counties many thousands came to behold the death struggles of a condemned felon. The number of females in the vast throng was somewhat astonishing, and their complexions were as varied as the costumes they wore. Some were as black as a traditional ace of spaces, others as fair as the whitest lily, while the intermediate embraced every imaginable shade between the two. A large number of these came on horseback, their long, dark riding skirts forming a happy contrast with the innumerable bright and gaudy colors worn by the pedestrians. As to horses, all the available racks, trees and fences in town were thickly lined with them, and then it seemed that the surrounding woods were densely picketed with them. The prevailing costumes of the men were blue and gray jeans. The valleys, the knobs, the peaks and plains, the huts and houses, seemed to have poured themselves out to-day, all actuated by the same common, morbid curiosity, and it can safely be said that scarcely a score of them were solemnly impressed by the terrible scene they witnessed. The number present was estimated at six thousand people.

Turning from sociology to engineering, our observer sketches the construction of the lethal apparatus:

THE SCAFFOLD

was a very ordinary, rude affair, consisting of the usual two main uprights, a narrow platform in the rear, in front of which was the drop, supported by a rope. This ran through the crossbeam near the centre, and was secured to a peg driven in one of the uprights, about four feet from the ground. It allowed of a fall of six feet, and was in all respects as thorough and effective as a majority of the clumsy, murderous machines* generally used in such instances in the South. The structure was situated in the old field to the north of the town and about half a mile distant from the jail.

As for Johnson himself, he signed off on a written confession blaming for his downfall those usual suspects: liquor, cards, loose women. Then he puffed a nonchalant cigar as he rode on his coffin to the gallows, “neatly and tastefully attired in a suit of entire black cloth, black cap, with gloves and gaiters”; he sat on a chair beside his noose for two different sermons (Methodist and Baptist), then a hymn which Johnson “joined with great spirit and religious zeal,” asked one last cigar which he puffed happily for ten minutes in which “his coolness just at this time excited the wonder of many and the admiration of more,” and finally at 2:24 p.m. — 48 minutes after he arrived at the gallows — submitted to his fate.


There was a third U.S. hanging on June 13, 1873: Joseph Duncan, in a public execution at Paris, Ky., for murder. All I have been able to learn in particular of Duncan’s hanging was that his first rope broke, necessitating the ol’ do-over.

* Presumably the Yankee’s judgment of the gallows here is informed by New York’s having “progressed” to upward-jerking hangings.

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1873: Mary Ann Cotton, serial poisoner

Mary Ann Cotton
She’s dead and she’s rotten
She lies in her bed
With her eyes wide open
Sing, sing!
Oh what can I sing?
Mary Ann Cotton is tied up with string
Where, where?
Up in the air
Selling black pudding a penny a pair.

-Children’s nursery rhyme

On this date in 1873, prolific poisoner Mary Ann Cotton — whom some have tabbed Britain’s first serial killer for an arsenic murder spree claiming 21 or so souls — hanged at Durham County Gaol.

Her exact death toll remains somewhat conjectural since her method of choice — arsenic poisoning — so closely mirrored gastroenteritis. Vomiting, diarrhea, and dehydration were hallmark symptoms of both afflictions, and as Mary Ann’s many children succumbed in such conditions over the years, they were easily chalked up to just another childhood mortality among the vast ranks of working poor.

At age 20, she wed a coal miner (her father had been one too, but fell to his death in a mine shaft years before). In the twelve-plus years of their marriage, she bore William Mowbray at least four children. Three died in childhood of — so the death certificates read — gastric ailments. William himself died of one too in January 1865, and Mary banked 35 quid in life insurance on the occasion.

Mary’s own testimony would eventually indicate at least four other children by Mowbray from when they lived in Plymouth. These were the circumstances for a repeat killer to thrive: when a mother can be eight or nine bodies into her career, every one of them close family members, and nobody has bothered to notice. She was said to be a consummate actress in her grief.

With Mowbray and her ample brood — of whatever size — off her hands, Mary Ann now made a career of disposable short-term marriages to men who could support her for a while, and then would mysteriously drop dead of a gastric problem with life insurance policies naming Mary Ann.

An engineer named George Ward, married in 1865 and died in 1866.

A widower named James Robinson had the good fortune to throw Mary Ann out of the house in 1869 for stealing. But that was only after five children in the household mysteriously died (three by Robinson’s previous marriage, one of Mary Ann’s and Robinson’s, and the last surviving child of Mary Ann and William Mowbray). Mary Ann also dipped out of that household for a bit to care for her ailing mother, who also then died within days. Robinson would say after his former wife’s arrest that he had been suspicious of all the dead kids and her eagerness to insure him, but nothing so strong it would lead him to, say, call the police.

In 1870, she found a Northumberland miner name of Frederick Cotton, who gave her the name by which history knows her. Only after Cotton dropped dead — and her lover Joseph Nattrass dropped dead — and a stepson and her own son by Cotton both dropped dead — did the black widow finally come to official attention. That happened when the mother, desperate to fob off her inconvenient last child, incautiously implied to a village overseer in Walbottle, Northumberland where she had moved to wed Frederick Cotton that young Charles Edward Cotton was likely to die soon.*

When he did so, that official had the death certificate held up to examine the boy’s body. Though arsenic’s symptoms were difficult to distinguish from less sinister medical conditions, the mid-19th century had seen the advent of an effective scientific test for toxin: the Marsh test. The end of the arsenic era would be the ensuing decades’ march towards ever more powerful forensic tests that could put the lie to the “gastroenteritis” diagnosis.

The Marsh test easily did so when applied to Charles Edward Cotton. All it had taken these twenty years was for someone at last to suspect something. Her trial of the “West Auckland poisoner” over a few days in early March — delayed because she was pregnant with one last child when arrested — saw intense public interest, and an easy conviction.

She only dropped her pretense of innocence, partially, on the morning of the hanging itself, under the persistent questioning of her Wesleyan minister “when, after some hesitancy, she said, ‘I believe that I poisoned the boy.’ She was also minutely questioned about the other cases of poisoning, and when it was urged that they could not have been accidental, she made no reply, but turned aside, leaving it to be inferred that she had been the cause of the other deaths.” (Huddersfield Daily Chronicle, March 25, 1873)

A fuller account of Mary Ann Cotton’s biography with a handy graphic of her suspected victims can be found in this article by the author of a recent book about the poisoner.

* She was remarking on the difficulty that care of Cotton’s son posed for her intended next marriage/victim. “T’won’t matter, I won’t be troubled long,” she said … which looks foolishly self-incriminating in print, but she had probably said such knowing-wink nothings to others before without trouble, seeing as even the wholesale deaths of several men’s entire progenies had not formerly sufficed to attract an inquiry.

Part of the Themed Set: Arsenic.

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1873: Kintpuash, aka Captain Jack

It’s fitting, we think, to wrap up our long series on Americana with an entry from that realm’s first nations.

It was on this date 1873 that the Modoc leader Kintpuash, known as Captain Jack, was hanged with three comrades by United States forces after the Modoc War.

Reading from a familiar script, the encroaching whites had squeezed Modocs off their ancestral land and onto a reservation — in fact, the reservation of another, rival tribe. Jack led his people off that uncomfortable lodgings, bidding to return home in 1865 — only to be rounded up and re-confined.

A second attempt to break out would result in his execution.

When an actual fight broke out at the inevitable surrender negotiation, outright skirmishing ensued as everyone reached for their guns.

Jack’s forces broke away, now with the U.S. Army in earnest pursuit. They fell back to the rough volcanic terrain at present-day Lava Beds National Monument in northern California — and specifically to a defensible natural fortification that now bears Captain Jack’s name.


Modoc firing position within Captain Jack’s Stronghold. (cc) image courtesy of Eric Hodel.

From Captain Jack’s Stronghold, the Modoc held off a larger army assault.

Dee Brown relates the tragedy of the fruitless monthslong aftermath, of “peace” negotiations under a gathering siege, in the classic Bury My Heart at Wounded Knee

[Indian Affairs superintendent Alfred] Meacham* replied that the Modocs could not stay in peace in the Lava Beds unless they gave up the men who committed the killings on Lost River …

“Who will try them?” Jack asked. “White men or Indians?”

“White men, of course,” Meacham admitted.

“Then will you give up the men who killed the Indian women and children on Lost River, to be tried by the Modocs?”

Meacham shook his head. “The Modoc law is dead; the white man’s law rules the country now; only one law lives at a time.”

“Will you try the men who fired on my people?” Jack continued. “By your own law?”

Meacham knew and Captain Jack knew that this could not be done. “The white man’s law rules the country,” the commissioner replied. “The Indian law is dead.”

You gotta look forward, not back.

In the Modoc camp, militants like Hooker Jim were gaining sway, and by disputing his leadership and even his manhood eventually persuaded/forced Captain Jack to ambush the U.S. general in charge during one of their interminable parleys.

Far from striking a decisive blow at the head of the enemy, this anathematized Captain Jack and triggered a massive, and this time successful, army incursion. Jack persisted on the run for a few months, but he was finally captured wih the help of Modoc turncoats — including that former radical Hooker Jim, who induced him to kill the general in the first place.

“You intend to buy your liberty and freedom by running me to earth and delivering me to the soldiers. You realize that life is sweet, but you did not think so when you forced me to promise that I would kill that man, [General] Canby … I thought we would stand side by side if we did fight, and die fighting. I see now I am the only one to forfeit … Oh, you bird-hearted men, you turned against me.”

-Jack to Hooker Jim

Captain Jack was hanged at Fort Klamath, Oregon after a perfunctory trial all in English, with no lawyer to plead the case. (The gallows was put up outside the courtroom during the trial.) The executed Modocs’ corpses were shipped back to the Smithsonian in Washington, D.C. (rumor had it that they appeared for a time as circus attractions), and only returned to the Modoc in 1984.

Update: Boyd Cothran explores the Modoc War and the skin-crawling trade in gallows trophies of the hanged Modocs in Remembering the Modoc War: Redemptive Violence and the Making of American Innocence. He discusses his work on a New Books in Native American Studies podcast here.


Image (c) Matthew T. Ravenhouk and used with permission.

* Meacham wrote a history of the Modoc War that’s available free online.

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