1905: Thomas Tattersall, taking the hangman with him

Thomas Tattersall was hanged at Armley Prison in Leeds on this date in 1905.

An alcoholic plasterer, Tattersall had a going reputation for home violence already when he got into his cups and fatally slashed his wife’s throat on July 3.

A terrible tragedy for the families involved, this crime at a century’s distance scarcely stands out from the common run of homicides. What attracts our notice is a third fatality, after the murdered victim and the executed killer: the clumsy hangman.

That man, John Billington, came by nooses as a family trade, albeit not of very great vintage: his father, a colorful* Lancashireman called James Billington, had transitioned his amateur personal interest in hanging into a calling as one of the realm’s official executioners after the great William Marwood died in 1883.

This elder Billington passed away in 1901 with 146 hangings under his belt. All three of his sons followed his footsteps into what proved a truly star-crossed vocation.

Eldest son Thomas Billington died of pneumonia at the age of 29, mere days after his father’s passing; he had been only an occasional assistant hangman — never the lead guy.

Second son William Billington was the real maven and succeeded his father as the lead executioner in the realm. He conducted most of the hangings in England between 1902 and his 1905 jailing for failing to pay alimony to his wife.

And that turned out to be the end of a career that appeared to haunt William later in life, because while he was incarcerated his youngest brother John Billington, commissioned to execute our man Thomas Tattersall, plunged through the trap while setting up the gear ahead of time. He was able to perform the execution, but the cracked ribs that he suffered from the fall caused an attack of pleurisy that claimed the hangman’s life that October.

* Apart from treading the scaffolds, James Billington was also a pugilist and wrestler, and other descendants in the Billington family have pursued those trades. Notable exemplars include World Wrestling Federation great Tom Billington, aka the Dynamite Kid and present-day WWE grappler Davey Boy Smith Jr.

On this day..

1963: Eddie Lee Mays, the last executed in New York

The last execution in the state of New York occurred on this date in 1963 when Harlem murderer Eddie Lee Mays — who shot a woman dead in the course of a pub stickup — went to the mercy seat at Sing Sing prison.


It was also the last execution in Sing Sing’s notorious electric chair, here elevated to the artistic canon by Andy Warhol‘s 1960s series of electric chair images. Warhol based his arresting view of the apparatus on press photos circulated around the 1953 electrocution of Julius and Ethel Rosenberg in the same device.

New York’s once-robust death penalty statutes and habits disappeared along with the rest of America’s by the late 1960s; her last executioner, Dow B. Hover — the guy who threw the switch on Eddie Mays — committed suicide in 1990.

The Empire State ditched its death penalty laws in 1984, briefly reinstated them in 1995, but executed no prisoners before everything was ruled out constitutionally in 2004.

By coincidence, August 15, 1963 was also the date of the last execution in Scotland.

On this day..

1293: Capocchio, Inferno-bound

On this date in 1293, the heretic and alchemist Capocchio was burned at the stake in Siena.

Little is known about about this man’s life, but thanks to his contemporary Dante we know a great deal about his afterlife. Capocchio appears among the “Falsifiers” or “Imposters” haunting the eighth circle of hell in Cantos XXIX and XXX of the Inferno.

We meet Capocchio butting into a conversation Dante is having with a different (also executed) shade — Capocchio crying out to support their mutual disdain for the “flighty” Sienese.

“But should you want to know who seconds you
Against the Sienese, direct your eyes to me
So that my face can give you a clear answer:
 
“See, I am the shade of Capocchio
Who falsified base metals through alchemy
And, if I read you rightly, you recall
 
“How fine an ape of nature I have been.”

This remark implies that Dante might have known Capocchio in life. Dante had a vivid destiny in mind for his maybe-acquaintance a few passages later, when

two shadows I saw, stripped and pallid,
Biting and running in the selfsame way
A hog behaves when let out of the sty.
 
One came straight at Capocchio and sank
His tusks into his scruff and, dragging him,
Scraped his stomach against the stony floor.
 
And the one left behind, the Aretine,
Shivering said, “That ghoul is Gianni Schicchi,
And he goes rabid, like that, mauling others.”

The attacker was another notorious imposter, with an artistic legacy of his own in the form of Puccini’s opera Gianni Schicchi … or both together on canvas via William-Adolphe Bouguereau.


Dante e Virgilio by William-Adolphe Bouguereau (1850) has the two named characters contemplating from the background as Gianni Schicchi takes a bite out of Capocchio.

On this day..

1720: Matthew Tompkins, Daniel Lazenby, and Maurice Fitzgerald

THE Ordinary of NEWGATE

HIS ACCOUNT OF The Behaviours, Confessions, and Last Dying Words of the Malefactors that were Executed at Tyburn on Monday the 15th of August, 1720.

The Sunday preceeding the Execution of the Prisoners, I preached to them from the following Words.

Bloody and Deceitful Men shall not live out half their Days. (Psalm 55th, part of the 23d Verse.)

We first observed that the Psalmist every where speaks of Murder with conscious Sense of Shame; The Prophet Nathan’s Parable had pierced his Bosom, and cut deep into his Heart. Well knew he, that Uriah was the poor Man with an only Lamb, that was tender to him, and lay every Night in his Bosom: His Conscience started at his Guilt; and the prospect of Love that was pleasing late, is shocking now: The Beautiful Bathsheba, and the Blood-stain’d Uriah rise up at once to his View; and in the bitterness of Soul he cries out, Deliver Me from Bloodguiltiness O God, Thou God of my Salvation! (ver. 14.)

But deep and hearty was David’s Repentance; and for every Pleasure he paid a thousand Tears. Therefore, notwithstanding his Guilt, he hopes God will save him from his Enemies. That Confidence as he often expresses, so particularly in my Text, Thou, O God, shalt bring them down into the Pit of Destruction; Bloody and Deceitful Men shall not live out half their Days.

From the Words we observed the following Things.

First, We consider’d the Nature of Bloodguiltiness: According to, 1st, the Natural; 2d, the Jewish; 3d, the Christian Law.

Secondly, We consider’d Who were meant by Deceitful Men.

Thirdly, Very briefly advis’d all to a serious Reflection on the Doctrine; because, Bloody and Deceitful Men do not live out half their Days.

First, We consider’d Bloodguiltiness according to the Law of Nature.

This is a tacit Law, engraven on the Heart, that plainly exclaims against Murder. For ’tis not agreeable to Natural Reason to suppose that I and another Rational Creature, being both of Us the Right and Property of some Superiour Being that caused us to be, can have a Right to rob that superior Being of that his other Creature by Murder. That other Creature also has a Natural Right lodg’d in him, by the Creator, to enjoy the Light of the Sun; to sleep, and feed, and whatever else the Creator has thought fit to make him capable of enjoying. As therefore, I did not give him this Capacity of Enjoyment, ’tis plain, I can have no Right to take it from him; Unless indeed where I have a particular Commission from God to do it; which is the Case of the Brutes we devour.

This is according to the Light of Nature: And even the Heathens of Popayan and Paraguay, Tho’ they used to fat up their Captive Foes, to feast upon their Flesh, yet had so much Glimmering of the Dictates of Reason, as to detest, and severely Punish the Murder of their own People; Looking upon no Crimes as Capital but Incest and Murder; But to show their Abhorrence of Them, The Prince with a Dart pursued the Offender and with his own Hands destroyed him.

2d, We consider’d Bloodguiltiness according to the Mosaic Law.

This Law, agreeable to that of Nature, is very express against Murder. Whosoe sheddeth Man’s Blood, by Man shall his Blood be shed.

Under this Head, I took Notice of what I have sometimes thought remarkable, viz. That the very Giver of this Law, Moses, should slay a Man, without any Accusation laid against him. This a Hebrew, who had heard of it, thought a Crime; and accusingly said, Intendest thou to kill Me as thou didst the Egyptian Yesterday? It also made a great Noise in the Land, so that Pharoah was acquainted with it: But Moses fled from the Face of Pharoah, and dwelt in the Land of Midian. (Exod. 2. 15.) The Manner of his Slaying Him, was thus; And he spy’d an Egyptian smiting an Hebrew, one of his Brethren. And he looked this way and that way, and when he saw that there was no Man, he slew the Egyptian, and hid him in the Sand. (Exod. 2. 11, 12.)

The usual way of Answering this Difficulty, is, either by supposing it a wicked Action, tho’ not noted as such in Scripture; Or else, by saying, that Moses had a particular Commission from God to perform this Murder. But certainly that would be an Omission in the Sacred Writ (which far be it from any one to conceive) to leave out such a material Information; because the Murder is committed by a Person who is represented to Us as the Reverse of such a Doer. All Evil-Actions mention’d in Scripture, are mention’d for a Good End; and serve either to deter Us from the same Sins, by the Punishment annex’d to them; Or, to prevent our Despair, by the Sight of God’s Forgiveness: But it can serve to neither, of these Ends, to show Us a Virtuous Man Sinning, without noting him as disagreeing from himself.

This Answer therefore, seems to Me not to come up to the Difficulty. I would rather, with Submission, answer it thus. We must suppose it to be a Lawful Action; and who can assert the Contrary; unless he knew the Nature of the Skirmish between the Egyptian and the Hebrew? For it might be a justifiable Murder, if we suppose the Egyptian to be so beating the Hebrew, as resolving to have his Life; and to be so violent and furious therein, as that the Interposer Moses could not save the Life of the Servant of God, but by taking away That of the Barbarian; I think, with Submission, in that Case, it might be lawful for Moses to do it. The Egyptian was in the nature of an Assaulter, or Robber; and Grotius with the other Ethick Writers, determine, that I and my Friend may defend my own Life at the Expence of a Robber’s Blood. And this especially before the Christian Dispensation.

To this it may be objected, that Moses need not have looked this Way and that Way, to see if any was near, had he had this Cause for slaying the Egyptian. To this I answer, that tho’ this justified the Action in the sight of God, yet Moses knew it would not in the Eyes of Pharoah; who, we may suppose, had rather ten Hebrews should dye, than one Egyptian; As appears from his ordering all the Male Hebrew Children to be slain, only lest the Hebrews should grow too strong.

To confirm this Explication, we may observe, that the rescued Hebrew would not, in all probability, have discover’d his Brother and Deliverer, unless he had conceiv’d an Opinion (without thinking so far as Pharoah’s Partiality towards the Hebrews) that it was not a Criminal Action, on Account of the Murderous Intent of the Egyptian: And He must be the Discoverer, because we read, There was no one present. (ver. 12.)

3dly, The Christian-Law is much more express against Bloodguiltiness, than either the Natural or the Jewish; insomuch, that, Whosoe hateth his Brother is a Murderer. And agen, Whosoe sayeth to his Brother, Thou Fool, is in Danger of Hell-Fire. So far must Christians be from Murder, that Christ says, Resist not Evil; but whosoever smiteth thee on one Cheek, turn to him the Other also. (Mat. 5. 39.) Contrary to the Jewish Law, which said, An Eye for an Eye, and a Tooth for a Tooth.

Secondly, Under the Second general Head we consider’d, who are meant by Deceitful Men, – Bloody, and Deceitful Men.

  • 1st.) By Deceitful Men, may be meant False-Friends. This certainly is very sinful. ‘Tis also imprudent, We should well consider before we take a Friend to our Bosom; and better consider before we throw him thence agen.
  • 2dly.) By Deceitful Men, may be meant Thieves. As the Psalmist says, He sitteth lurking in the thievish Corners of the Streets. Psal. 10. 8.

    It is become usual for Us to see Robbings in the publick Streets; How different are you from the Example of our Saviour; He went about Doing Good, But you Doing Ill: He preach’d Peace thro’ the Streets, But you denounce Slaughter and Rapine. Little then would one think, ye had renounced the World at your Baptism, and profest your selves Followers, Pupils, Imitators of Christ.

    Some in your Conditions have seem’d to value themselves upon their bearing their Misfortunes as becomes Men: But can ye take a sort of Pride in dying Couragiously like a Man, and not be ashamed of having liv’d like Brutes? Was their not something Mean and Base (for that ye will most regard) in inhabiting the Night, and flying the Face of Day, which Man was form’d with an Aspect erect to gaze at? The Apostle says, We are not of the Night, but of the Day; and let us who are of the Day be Sober; putting on the Breast-plate of Faith and Love, and for an Helmet, the Hope of Salvation. 1 Thess. 5. 8.

  • 3dly.) By Deceitful Men may be meant Defamers and Backbiters. This is a Deceit, perhaps as pernicious as the Thief’s, tho’ not equally liable to Punishment: The Robber despoils Us of our Goods, the Defamer, of our Reputations; One injures Us Clandestinely, The other to our Face. But Christ said, Let him who is without Sin among you, first throw a Stone at Her.

Thirdly. The Third General Head was, to perswade All to the Consideration of the Doctrine, for the Reason in the Text, Bloody and Deceitful Men shall not live out half their Days.
Under this Head we consider’d the Misery of being cut off in the Pride and Prime of Youth, while the Face of Nature was delightful, and joyous the Light of the Sun: And that this Misery was but the Natural Consequence of Sin, especially of Bloodguiltiness, agreeable to the Text.

I lastly conjured them, to compensate for their former evil Lives, by the uncommon Earnestness of their Repentance; Never to leave Assaulting the Throne of Grace, till they had some dawning Assurances of Salvation; But so to expend their few remaining Hours, that they might launch forth from Sorrow to Joy; from Pain to Satisfaction; and from a World of Care into Realms of never fading Pleasures.

1. Matthew Tomkins, was Convicted of robbing John Wickers, on the High-way, of 4 Guineas and 16 s. 6 d.

The Account he gave me of himself was as follows.

He said he was 22 Years of Age; a single Man; born at Tunbridge, where he has now a Father and Mother residing in good Credit and Reputation. He said, they brought him up with the utmost Tenderness, and gave him a considerable share of Learning. He never was Apprentice to any Trade; but was in Quality of a Book-keeper for some time, at a great China Shop in London, where nothing was objected against his Behaviour.

He said, he was lately Master of about 400 l. That he then gave himself up too much to Pleasure: He was often advis’d by his Friends to purchase a Place for Life, but never was so happy as to follow their good Counsel; He added, that he liv’d in a very jovial Manner, upon the principal Money, pursuing his Pleasures, and denying himself nothing that might tend to the Gratifying his Inclinations.

Upon a Day (as he told me) he took a Ride to Ware in Hartfordshire, alone by himself; but he there got into some Company, they proposed a Game at Cards, which they said they did not well Understand, ’twas a new Game, but they were told ’twas very Diverting. Mr. Tompkins soon undertook to play with them. When he had lost all his Money, he call’d for his Horse, in order to return to London.

Upon the Road, he said, he met a Man, of a sober Aspect; whose Occupation he should little have suspected from his Appearance. With this Person he fell into Discourse, and was complaining of the Tricks and Deceits of Cards, and related how he had been served at Ware, where he had been bubbled out of all his Money. The Stranger told him, he need not be necessitated for Money, so long as he was upon an open Road; and in short, gave him a Pistol. The next Gentleman they met, they rob’d of four Guineas and some Silver, half of which he had; and parting with his Instructor at London, never saw him after.

This is the Account he gave me of his committing this wicked Action. He also told me, That he had let his Parents know his Misfortunes he was under, but had, at the same time requested of them, not to come to London on that Account, for it was not in their Power to be any way Serviceable to him in that Condition; but that the Sight of them, who had always used him with so great Tenderness and Affection, would greatly aggravate and encrease his Sorrow.

He shou’d me a Book, which a Clergyman sent him, which he said had been the occasion of his passing the sad and Melancholly Hours of Confinement, not only with Patience but with some Satisfaction and Delight.

The Saturday before his Execution, He told me he had then entirely laid aside all Thoughts of the World, and that the Sight of his Acquaintance was become Painful to him; for he had in some measure habituated Himself to think of Heaven, till it was become Grateful to him in the Consideration.

2. David Lazenby, was Convicted of breaking open the Chambers of Charles Wood, Esq; in the Night-time, and stealing thence, some Holland Shirts, Cravats, a Beaver Hat, Sheets, a Cloath Coat and Wast-coat, Worsted Stockings, &c. The Account he gave me of himself was as follows.

He said, He was 26 Years of Age; Born at Market-Weston in Suffolk, of honest and reputable Parents. He was put Prentice to a Weaver; to which Trade he served his 7 Years out. But this Employment not being sufficient to maintain him, he said, he went into the Country; Being there at a loss how to employ his time, and procure a comfortable Subsistance, he at last determin’d to set up a Publick House, which he accordingly did; but soon growing weary of that noisy and quarrelsome Life, he returned again to London, where he met with tolerable Encouragement in his own Trade.

He said, that at the Time he was Apprehended on Suspicion, he liv’d at Hoxton, where he Employ’d 5 Journeymen under him at the Weaving Business .

He told me, that during my Sickness, a Great Distiller in Fore-street had desired to speak with me concerning him; that I would put the Question to him, whether he was not concern’d in robbing his Dining-Room, of several peices of Plate, some marked with his Coat of Arms, and some Plain. When the Prisoner had told me this, I accordingly taxed him, as he was a Dying Man, and had I hoped a value for his Soul, whether he knew any thing of the aforesaid Robbery? But he solemnly protested that he was entirely ignorant of it.

Another Gentleman also in Hoxton-Square, apply’d to me, to desire I would put the Question to him, whither he was not concern’d in the Breaking open his House; he having suspected him on Account of some Tickets for an Entertainment, dropt near his House, with David Lazenby’s Name thereto. But the Prisoner said, the Tickets were accidentally dropt by that House, and were for him and some Friends to make merry innocently together. I hope he was sincere in his Declarations.

3. Maurice Fitzgerald, was condemned for the Murder of a Watchman in the Strand.

He was about 20 Years of Age; born in Ireland; his Education was Liberal and Genteel. As to his Behaviour during his Confinement, after the Sentence pass’d upon him, it was Sober and Grave; he constantly frequented the publick Service in the Chappel, where he appear’d not without Devotion and a sense of Religion, making the Responces very duely, and reading the Psalms alternately after me. Notwithstanding this, It has been thought that he did not dye in the Communion of the Church of England; But this I think he would not have dissembled, had it been so; for I put the Question to him, and he told me that he dyed a Member of the English Church. I frequently talk’d with him about the Nature of his former Course of Life, and his Stabbing a Man sometime ago with a Penknife; he seem’d to acknowledge that among all Courses of Life, the Sober and Serene Man bids the fairest for Happiness even here; and that no Satisfaction really consists in having the Spirits always in a Hurry and a Flutter, and in flying about from one House of Obscenity to another.

The Account of them at the Place of Execution.

Maurice Fitzgerald. At the Tree he spoke to the People present; signifying that he had reason to accuse some Persons as to his being Executed, whom he Named. He then declared, that he dyed in Charity towards all Men; and desired the Spectators Prayers for his departing Soul; adding, that he was pleas’d and easy at his leaving Care and Anxiety. He then gave me a Letter for his Brother; and ask’d me if I had retain’d the Paper he gave me at the Sacrament. He had been Scandaliz’d for Living with a Lady in a vicious Manner, to wit, Mrs. Witworth; That Paper relates to this, and is as follows.

SIR,

I Beg you will satisfy the World, that I was lawfully Married to Mrs. Witfield, according to the Rights and Ceremonies of the Church of England, as I shall answer before the Great and Good God one Day, and to her. Witness my Hand, this 14th of August, 1720. M. Fitzgerald.

David Lazenby. At the Tree, he deliver’d me a Paper, which he desired I would by all means Publish; and was as follows.

WHEN under Sentence of Death, one Mrs. Flowers came to me, concerning a Robbery, which one John Young swore her into: Now, I David Lazenby do solemnly declare upon the Holy Sacrament, which I take this 15th day of August, that the said Robbery (at the Quaker’s next Door to the Nagg’s Head in Islington) was committed by two other Persons, whose Names are John Brush, and Joseph Smith. Neither was Mrs. Flowers any way concern’d in purchasing the Goods.

THO. PURNEY, Ordinary and Chaplain.

LONDON: Printed and Sold by JOHN APPLEBEE, a little below Bridewel-Bridge, Black-Fryers.

On this day..

1741: Juan de la Silva, Spanish Negro

This date in 1741 saw the hanging of Juan de la Silva for the slave plot to torch New York.

This second-last execution in that bloody affair takes us to a side plot we have not yet explored in our running series: the “Spanish Negroes”.

New York in 1741 was a distant outpost of the British empire, which itself had seized the colony from the Dutch not eighty years before. The ongoing Atlantic war that Britain was then fighting against Spain and France, winsomely christened the War of Jenkins’ Ear, was serious and frightening business out on the fringe of the wilderness.

The prospect of slave rebels doubling as a fifth column surely helped to stoke the coals under the stakes in 1741. When the Irish soldier William Kane was forced by the threat of execution into giving obviously specious testimony about the plot, he reported that the conspirators’ “design was to wait for the French and Spaniards, whom they expected; and if they did not come in six Weeks, then they were to try what they could do for themselves.” In fact, Spain had even published an offer of “Freedom to all Negroes, and other slaves, that shall Desert from the English Colonies.”

And it just so happened that there were men in New York at that very moment whose own persons straddled the threats within and without.

The previous year, a New York privateer named John Lush had gone adventuring in the Caribbean and returned home with two Spanish prize ships, the Nuestra Senora de la Vittoria and the Solidad … along with about 100 Spanish prisoners.

Among them were 19 dark-skinned men whom Lush described as Negroes or mulattoes and auctioned accordingly. The slaves or “slaves” protested in vain that they were free Spanish subjects, but having no evidence they could produce to that effect they were sold off to various households around the city, and obviously nonplussed about it.

On April 6, 1741, no fewer than four New York homes caught fire, and one of them was the next-door neighbor to one of those Spanish Negroes — to our man, in fact, Juan de la Silva. Someone put two and two together and by evening a cry “Take up the Spanish Negroes!” echoed around Manhattan. A mob descended on de la Silva and hauled him to jail, along with a number of other Lush imports.

Accusations against these Spanish Negroes have more than the usual ration of absurdity, and not only because of the language gap with the witnesses who “overheard” them. At one point, nine of them were brought in turn before two of the major crown witnesses, the slaves Sarah and Sandy, who variously described each as present or not present at the committee meetings; in only three instances did Sarah and Sandy produce the same answer about a Spaniard. They’d have done better flipping pieces of eight.

Investigation of the “Spanish Plot” angle would ultimately zero in on six of these prisoners-made-slaves.

One luckless fellow, named Francis, was tried among an early batch of (non-Spanish) slaves and wound up burned at the stake on June 12, an undercard attraction that day to the hanging of the supposed arch-villains John and Sarah Hughson. Francis spoke little English but this did not inhibit the Hughsons’ monolingual serving-girl Mary Burton from impeaching him: in Daniel Horsmanden‘s account, she tells the court that “She saw [Francis] often at the Meetings at Hughson’s when they were talking of burning the Town and killing the People; and he seemed to be consenting; he spoke a little English, and some other Language she did not understand.”

The very next day after Francis burned, the main body of “Spanish Negroes, lately imported into this City as Prize Slaves, were put to the Bar; and arraigned upon an Indictment for the Conspiracy.”

Though strangers in an enemy kingdom, Juan de la Silva, Pablo Ventura Angel, Augustine Gutierrez, Antonio de la Cruz and Antonio de St. Bendito would fight their corner as ably as any who came before New York’s courts in that terrible year, and four of the five apparently lived to tell the tale.

Brought to trial on June 15, they ferociously renewed their protest against their enslavement. Horsmanden, who was both junior judge and senior investigator in this matter, noticed what a savvy approach this was. The bulk of evidence was slave testimony, and by the court’s rules slaves could only testify against other slaves. Getting themselves ruled free would be the colonial equivalent of having the DNA evidence suppressed.

They complained (as ’tis supposed, they were advised) that they had great Injustice done them by being sold here as Slaves; for that, as they pretended, they were Freemen in their own Country, and gave in their several Sir-names.

The Indictment was grounded upon an Act of Assembly which enumerated several Offences; and Conspiracies amongst the rest; and made one Slave Evidence against another; so that this Fetch might probably be calculated to take off the Negro Evidence: The Prisoners all protested they could not speak English; and as Mary Burton was the only white Evidence against them, and should it be credited that they could speak only in a Tongue which she did not understand, how could she tell what passed between them in Conversation at Hughson’s? Thus their Advisers might think they would stand the best Chance for the Jury to acquit them.

This was indeed an awkward argument. New York’s Supreme Court took a two-day adjournment to mull how to counter the gambit.

Its solution was quite bizarre. In a single trial, with a single jury, it would try the five men on two different indictments for the same crime: one indictment charged them as slaves; the other, as free men. Even their names varied with their station: from “Juan, Sarly’s” the slave locution indicating Juan’s owner, into the more dignified “Juan de la Sylva”.

This did allow the jurors to hear all the Negro evidence, from the several slaves who (like the Irishman Kane) were made to name whatever names the prosecutors demanded as the price of escaping a gallows of their own — plus, of course, Mary Burton, that ubiquitous accuser who said her late master had informed her that the Spanish Negroes “would burn Lush’s House, and tie Lush to a Beam, and roast him like a Piece of Beef.”

Still, the Spaniards mounted a resourceful defense.

They summoned no fewer than twelve witnesses, all white men and women; each also had his New York owner speak in defense. Four of those owners positively insisted that after a brutal winter their man had been confined at home with an ailment of some kind at the time he was alleged to be out making revolution. The fifth, Juan de la Silva’s master Jacob Sarly, could not posit an ailment but noted that Juan was not permitted out of the house at night and that Juan himself had discovered one of the fires and faithfully called the alarm to Sarly’s wife. Sarly even acknowledged “that he heard that his Negro was free.”

Through an interpreter, each man also spoke in his own defense, generally insisting that they were not slaves and had not kept slaves’ company in New York.

The jury convicted them all just the same — “in about half an Hour,” as Horsmanden recalls it.

And then … something happened.

The Spanish Negroes all but disappear from the record for two months, months when New York conducted numerous additional executions but seemingly did not lay a hand on these condemned foreigners. What was afoot?

Two weeks after their conviction — during which time an offer of executive amnesty came and went — we catch sight of them again when they are brought out of the city dungeon for sentencing. The court’s translator was instructed to advise them to this effect:

1st. THAT they were taken with some Spaniards by an English Privateer; were brought into this Port, and condemned as lawful Prize, being suppos’d to be Slaves belonging to the Subjects of the King of Spain; and Nothing appear’d to the Court of Admiralty (which is the Court, to which Jurisdiction concerning Things of this Nature does properly belong) to shew that they were Freemen; and they having made no Pretence or Claim in that Court to be such, they were therefore adjudg’d to be Slaves.

2dly. That the Court of Admiralty having so adjudg’d them to be Slaves, they had been severally sold and disposed of; by which means they were discharged from Confinement in Prison; and thereby have had the Opportunity of caballing with other wicked, mischievous and evil disposed Persons, as well White-Men as Slaves, and have confederated themselves with them, in a most diabolical Conspiracy, to lay this City in Ashes, and to murder and destroy all the Inhabitants; whereas had they appear’d to have been Freemen, they would have been prevented this Opportunity of venting and gratifying the Rancour of their Hearts, by being closely confined as Prisoners of War.

3dly, If notwithstanding they were Free-men, they ought in all Reason to have waited the Event of the War, and suffer’d patiently under their Misfortune; and when Peace should have been concluded, they might have made the Truth of their Pretensions appear, and then Justice would have been done them.

But now, as they are found Guilty of this most horrid and villainous Conspiracy, by the Laws of our Land, Nothing remains but to pronounce Sentence of Death against them.

Accordingly they were Sentenced to be hanged.

Had they been offered the amnesty, but refused it — whether pridefully or tactically? How comes it that these are the very last words, in Horsmanden or anywhere else, that we have of Pablo Ventura Angel, Augustine Gutierrez, Antonio de la Cruz and Antonio de St. Bendito? One infers that these four must have been pardoned and transported out of New York like scores of other condemned slaves in that period, though these pardons are themselves extensively recorded by Horsmanden. Perhaps they were quietly handled another way — able to buy their freedom or return to Spanish hands in some prisoner swap. Maybe their anonymous helper was able to orchestrate something.

Only Juan de la Silva makes it from sentence to execution, and he with unnervingly little comment. Six more unwritten weeks after his condemnation, he was brought back to court for a pro forma hearing to order his hanging, his comrades now nowhere to be found.

He was supposed to join John Ury on the gallows; our series will meet this man in its next post. But Ury was respited, leaving “Wan” to a strange, lonely death far from his kith and kin — and one single sentence from Horsmanden to dispatch the strangest sub-plot of a sordid story.

Juan, alias Wan de Sylva; the Spanish Negro, condemned for the Conspiracy, was this Day executed according to Sentence: He was neatly dressed in a white Shirt, Jacket, Drawers and Stockings, behaved decently, prayed in Spanish, kiss’d a Crucifix, insisting on his Innocence to the last.

* In New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, Jill Lepore speculates that the attorney James Alexander might have given the Spanish Negroes advice. Although he would have been seated at the prosecutors’ bar in this trial — defending any of the accused terrorists was politically impossible for any of the city’s lawyers — Horsmanden never records Alexander speaking or taking any other active part in the prosecution, and Lepore thinks that might indicate that he was becoming silently disenchanted with events.

Alexander did have the dissident chops to play this part: it was he who “anonymously” penned the scathing attacks on the previous governor that led to the arrest of the man who printed them, Peter Zenger, and thence to Zenger’s acquittal in a landmark freedom of the press case.

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1714: Constantine Brancoveanu and his sons

Three centuries ago today, Wallachian prince Constantine Brancoveanu was beheaded in Istanbul with his four sons.

Brancoveanu (English Wikipedia entry | Romanian) had fallen foul of the Sublime Porte, which dominated Wallachia, by dallying with the Ottomans’ European rivals, the Habsburgs and the Russians.

During the then-current installment the oft-renewed Russo-Turkish War derby, he actually massed armies for a potential swing all the way to the anti-Ottoman team. Breaking those up and returning Peter the Great’s gifts after the Russian clock got cleaned did not a tribute of loyalty make in the eyes of Turkey.

Not only Contantine but his entirely family — wife, four sons, and six daughters — were carried thereafter to Istanbul prisons. On the Feast Day of the Blessed Virgin, in the presence of the Sultan himself and of Christian diplomats who would be sure to put the word out, his four sons Constantine, Stefan, Radu and Matei were beheaded in his presence, as was the Wallachian treasurer Enache Vacarescu. The 60-year-old prince exhorted them as they endured their martyrdoms to remain steadfast, until at last he too lost his head. (Istanbul Christians managed to give the bodies honorable burials after fishing them out of the Bosphorus. The remains were later translated to Bucharest.*)

Most of the web sites about Branacoveanu and family are in Romanian; he was in his quarter-century reign a great cultural patron. The first Romanian Bible was completed in his time, and he undertook a great building program whose distinctive architectural stile still bears his name — Brancovenesc.

The Romanian Orthodox church conferred upon the martyred family the laurels of sainthood in 1992, a fine time to honor Romanian independence from foreign domination although of course by that time the Ottomans were yesteryear’s news and the outside heavy in question was the Russians.


Brancoveanu and his sons, from a mural at a monastery Brancoveanu founded.

Constantine also has a full panoply of secular miscellany in his honor: roads, statues, ballads, a metro station named after him, and so forth.

* At least, the alleged remains; it is well not to turn a forensic lens on saintly relics, and when Brancoveanu’s tomb was opened at the bicentennial of his death the skeleton therein appeared by the state of its teeth to be that of a man half Brancoveanu’s age. (Source)

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1812: William Booth, forger

On this date in 1812, William Booth was hanged at Stafford for counterfeiting.

Booth might have murdered his brother John, who was found beaten to death in a Warwickshire stable in 1808. He defeated that charge for want of evidence.

But he would not be two times lucky before the bar.

As a “farmer” living on 200 acres, he enjoyed the privacy to build his own mint, complete with forged royal stamps for churning out banknotes — more than enough cause to hang a man should he be caught, which Booth was. He was a difficult fellow to arrest, the Bury and Norwich Post reported (Aug. 19, 1812), because his farmhouse turned out to be “a little fort, full of trap-doors, and barred and bolted like a bastile.”

Booth’s engineering acumen might have come in handy for his executioners. As a broadside notes, the gallows Booth

ascended with a firm and steady step, but turned his back upon the populace almost immediately; after some time spent in prayer, the rope was adjusted, and a signal being given by the malefactor, (throwing his handkerchief from him that he was ready to submit to his fate,) the drop sunk, when, shocking to relate, by the cord slipping from the fatal tree, the unfortunate man fell from the top of the gallows upon the platform, a distance of eight or ten feet, where he remained motionless and insensible for some minutes.

The stunned prisoner was gradually revived, and redoubled his pieties. The fall must have rendered the noose unusable, because for some reason a delay ensued sufficient to stretch out the proceedings to two full hours, all of which Booth spent in the shadow of the gallows. Even when they finally had him trussed up and ready to hang again, they needed a do-over: Booth once more dropped his handkerchief, but the drop embarrassingly failed to dislodge. Booth, who had twice prepared himself to walk to the brink of death only to twice survive, asked for his handkerchief back once the apparatus had been fixed so that he could re-drop it.

Having faced two capital trials, and two executions, Booth couldn’t even get buried right on the first time. Apparently a re-drawing of the county line required his remains to be exhumed and re-interred, giving rise to a ballad, “Twice Tried, Twice Hung, Twice Buried”.

(Although this version proposes twice hanged and once drowned: suffice to say, Booth lived an interesting death.)

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1941: Josef Jakobs, the last executed in the Tower of London

In its day, the Tower of London has seen off with many an illustrious head.*

Its last use as an execution grounds occurred, all but invisibly, on this date in 1941, with the shooting of German spy Josef Jakobs.

It’s safe to say that Jakobs won’t be competing with Anne Boleyn in the book sales department any time soon. He was, truth be told, barely a spy at all: parachuted into Huntingdonshire on January 31, 1941 with intent to reconnoiter, the guy was observed in his descent by (undoubtedly excited) local defense volunteers. They raced to the landing point but needn’t have: Jakobs was practically immobile, having broken his ankle upon landing. So that was the end of the espionage mission.

After a secret trial under the Treachery Act of 1940, Jakobs was shot at a small rifle range where a number of his countrymen and predecessors from the First World War had met their own ends.

To: The Constable of H.M. Tower of London. 13th August 1941.

Sir,

I have the honour to acquaint you that JOSEF JAKOBS, an enemy alien, has been found guilty of an offence against the Treachery Act 1940 and has been sentenced to suffer death by being shot.

The said enemy alien has been attached to the Holding Battalion, Scots Guards for the purpose of punishment and the execution has been fixed to take place at H.M. Tower of London on Friday the 15th August 1941 at 7.15am.

Sgd. Sir Bertram N. Sergison-Brooke,

Lieutenant-General Commanding London District.

The Royal Armouries artefacts store still preserves the chair (pdf) Jakobs was strapped to for this historic execution. All subsequent executions of World War II spies took place by hanging at Pentonville Prison or Wandsworth Prison.

* It should be added that the Tower’s bloody reputation correctly associates more with the doomed men and women it held than with actual executions: only a very few, mostly high-ranking, folk actually got the chop in the Tower prior to 20th century spies: people such as Thomas More, Thomas Cromwell, and Monmouth were more commonly put to death at the adjacent (and public) Tower Hill.

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2010: Two Afghan adulterers stoned

On this date last year, the Taliban carried out the public stoning of an adulterous couple who had attempted to elope in northern Afghanistan.

“Even family members were involved,” the New York Times reported, “both in the stoning and in tricking the couple into returning after they had fled.”

as a Taliban mullah prepared to read the judgment of a religious court, the lovers, a 25-year-old man named Khayyam and a 19-year-old woman named Siddiqa, defiantly confessed in public to their relationship. “They said, ‘We love each other no matter what happens,'” [local farmer Nadir] Khan said.

The executions were the latest in a series of cases where the Taliban have imposed their harsh version of Shariah law for social crimes, reminiscent of their behavior during their decade of ruling the country. In recent years, Taliban officials have sought to play down their bloody punishments of the past, as they concentrated on building up popular support.

“We see it as a sign of a new confidence on the part of the Taliban in the application of their rules, like they did in the ’90s,” said Nader Nadery, a senior commissioner on the Afghanistan Independent Human Rights Commission. “We do see it as a trend. They’re showing more strength in recent months, not just in attacks, but including their own way of implementing laws, arbitrary and extrajudicial killings.”

Apparent cell phone video of the execution later surfaced.

Warning: Mature Content. It’s two filmed stonings, after all.

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2004: Atefah Rajabi Shalaaleh, schoolgirl

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

On this day in 2004, a sixteen-year-old Iranian schoolgirl, Atefah Salaaleh, was publicly hanged from a truck-mounted crane for adultery and “crimes against chastity.”

In a classic example of a miscarriage of justice, the same person, Haji Rezai, served as prosecutor, witness, judge and hangman against this young girl. In violation of Iranian law, Atefah did not have legal representation at her trial.

Iran, when it signed the International Covenant on Civil and Political Rights, had promised not to execute minors, but according to Amnesty International, Atefah has been at least the tenth person under 18 to be executed in Iran since 1990. Her family says they gave her 1988 birth certificate to the court, but Judge Rezai just looked at her and decided she was at least 22. Because it’s so easy to determine a person’s exact age just based on their appearance.

Atefah appears to be a good example of a problem child: her mother was killed in a car accident when she was very young and her father was a drug addict, so she was given to the inadequate care of her elderly grandparents. Although she was described as “lively and intelligent,” she often roamed the streets and became a delinquent.

In the years prior to the arrest that lead to Atefah’s death, she had already been arrested multiple times by Iran’s Morals Police for crimes including being in a car alone with a boy (her cousin) and having sex with unmarried men. According to friends quoted in Iran Focus, she may have been sexually abused by a close relative, and she also alleged abuse by the Morals Police.

For the arrest that lead to her death, Atefah was not charged with committing any specific offenses; rather, she was arrested after an unsigned petition named her as a “bad influence” on the community and a “source of immorality.”

Under torture she admitted she had had sex with a 51-year-old married taxi driver, whom she claimed had repeatedly raped her. In court, she defiantly removed her hijab, threw her shoes at judge Rezai, and said the taxi driver should be punished rather than herself. (Reportedly, he was given about 100 lashes and then released.) Atefah’s death sentence was upheld by the Supreme Court of Iran and she was hung three months after her trial.

Atefah’s life and death have been the subject of a BBC documentary which you can see in six parts on YouTube. Keep a hanky handy.

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