1560: Giambatista Cardano, “crowning misfortune”

On this date in 1560, the son of Renaissance polymath Gerolamo Cardano was beheaded for murdering his — the son’s — wife.

While Cardano pere was one of the great intellectuals of his era, and has been covered in these grim annals via his interest in a genius composer executed for sodomy, the fils earns notice merely for his famous relations.

The latter, Giambatista Cardano by name, committed nothing but a shabby domestic murder, dosing his wife Brandonia di Seroni — “a worthless, shameless woman” in Gerolamo’s estimation — with arsenic when he had tired of her infidelities.

Still, it is the burden of a father to love his firstborn no matter how undistinguished and homicidal. Cardano poured his sorrow into a long funerary verse, not neglecting therein to defend the prerogatives of a jealous husband’s “avenging right hand”; we obtain it from the old man’s autobiography.

A Lament on the Death of My Son

Who has snatched thee away from me —
O, my son, my sweetest son?
Who had the power to bring to my age
Sorrows more than I can count?
Wrath in whose soul or what stern fate
Willed to reap thy youth’s fair flower?
Not Calliope, not Apollo,
Served thee in thine hour of need!
Cithara, now, and all song be still;
Measures of threnodies shall renew
Mourning and sighs for my dear son.
— Strains of his singing haunt me still —
Laurels, alas, in the healing art,
Knowledge of things, and a facile gift
Of Latin tongue—what profit these
Labors long if they swiftly die?
Service rendered Spanish prince,
Duty done to the noblest of men
Help thee naught if with these for thy judge
Death with his scythe doth seek thy blood.

What, ah me, shall I do? My soul
Swoons to remember thee, gentle son;
Silent, I brood on thy destiny grim;
Tears that I dare not give to words,
Shall I not shed for my stricken son?
Lasting encomium had I reserved,
Fitting reward to thine ashes paid;
Silence — O shame — must my tongue now guard,
Death unjust nor its cause announce.
Grave are the ills thou hast borne, mild son.
Prince and Senate and ancient law
Ordered thy doom whilst thou in rash haste,
Brought an adultress the wage of her crime.
Safely adultery now in our homes
Mocks and insults when punishment swift
Stays the avenging right hand of the youth.

Son — the reflection true of the good
Strong in my father — worthy to live
Long through the years — Alas, my beloved!
Fates have forbidden and swept all that good
Far past the stars, and removed from gray earth
Every bright and illustrious thing.
Hail thee, child, for thy spirit high!
Clear is thy blood from ignoble stain;
Honor of forefather’s hast thou sought.
Far stands the king, and hope of safety,
Phoebus denies the lands his beams,
Light from Diana passes and dies,
Stars in the calm sky glance no more
Lest they look down on a palace foul,
Stained with the reeking blood of the slain.

Where lies my way? What land now claims
Body and limbs disfigured by death?
Son, is there naught but this to return?
Thee have I followed on sea and on land!
Fix me — if mercy is anywhere found —
Pierce me with weapons, O ye mad Gods!
Take with thy first blow my dreary life.
Pity me thou, oh great father of Gods,
Thrust with thy spear my hated head
Deep into Tartara; else am I bound
Hardly to burst this life’s bitter chains.
This, O my son, was not pledged to thy sire,
Love so unholy to trust with thine all —
Love that has ruined thee, son of my heart!

Wife of a memory blessed and true,
Happy thy death, nor spared for this grief!
I, through this crime, have myself brought disgrace,
O son to our name, for by envy compelled,
Homeland and Lares paternal I left.
Death had I sought for my innocent soul,
But surviving and living I vanquished my fate.

Ages to come will know, son, thy name,
Orient lands will hear of thy fame;
Dead to us thou art indeed —
Life hast thou won through all the earth!

It would be fair to say that this last vow of the grieving father was not kept. Indeed, the misery of losing his son to the executioner cast an enervating pall over the elder Cardano’s remaining years. “My supreme, my crowning misfortune,” he bewailed. “Because of this, it was neither becoming for me to be retained in my office [a professor of medicine at Pavia], nor could I justly be dismissed. I could neither continue to live in my native city with any peace, nor in security move elsewhere. I walked abroad an object of scorn; I conversed with my fellows abjectly, as one despised, and, as one of unwelcome presence, avoided my friends.”

A couple of years on and the unwelcomeness had become overwhelming; he relocated to a professorship in Bologna — nowise happy but at least clear of the omnipresent, suffocating shame associated with his name. The man’s woes were in no way alleviated by his surviving son Aldo, a thief and all-around lowlife whom Cardano ended up disinheriting. (Lone daughter Chiara was A-OK by pops apart from being unable to bear him grandchildren: “from my daughter alone have I suffered no vexations beyond the getting together of her dowry.”)

On this day..

1840: Zachariah Freeman

(Thanks for the guest post to American newsman and reformer John L. O’Sullivan. Best-known as the fellow who coined that potent brand for American empire, “manifest destiny,” O’Sullivan was also a vigorous advocate for abolishing capital punishment as a New York legislator in the 1840s, and made several proposals to that effect. The summary here is one of many reported in O’Sullivan’s appendix to his Report in favor of the abolition of punishment of death, by law, made to the legislature of the state of New York, April 14, 1841. The report did not achieve its objective. -ed.)

Tried in September, 1840, for the murder of Sarah Boyd, his quasiwife, in the town of Lysander, Onondaga county, on the 18th of May, 1840.

Both were negroes. They lived in the same house with his father, 80 years of age, his brother Elihu, and a woman who lived with his brother as his wife. Zachariah was much attached to Sarah, and had taken some steps toward making arrangements for a legal marriage with her.

Jealousy was the motive to the murder — or a combination of jealousy and insanity. They had some trifling dispute, in which she refused to comply with some domestic order of her husband, when he raised a chair, and struck her across the arm, knocking her down. On recovering herself, she declared she would never live with him again. He thereupon went to some woods at a short distance, and made an attempt to hang himself — whether in earnest, or to frighten them, does not appear clear. He was stopped with the rope round his neck, and brought back to the house.

While he was away she expressed great dread of his returning, saying, that if he did, she should be a corpse before morning — that though he had not threatened her, she saw it in his eye. While he was out, before returning to the house, he was praying and singing hymns. He entreated a reconciliation with her, which she refused; — he was willing to go down on his knees to her. She consented to leave it to the rest to decide the next morning, if he would now behave himself.

On this arrangement the rest went to bed — he remained up, smoking a pipe. He had insisted on smoking her pipe, refusing any other. According to his confession of what followed, he after a time leaned his head on the bed, and she kicked him. He then got the knife with which he committed the act, and went to some distance from the house for the purpose of killing himself; but while whetting it, determined to go back to see her once more. She was sitting up in bed. He placed his left hand on her shoulder, and attempted to kiss her. He had no thought of injuring her — “she was young, handsome, and everything that was nice, and it had not occurred to his mind to damage her at all.”

She refused to receive him, and slapped him on the face. He then gave her a stab, which was in a few moments fatal, immediately cutting his own throat also. Though a severe wound, this did not prove fatal.

The family were immediately roused, and eventually he was cured of his wound. He expressed much grief and repentance. He was jealous of his brother Elihu, whom he believed to have criminal intercourse with her. Zachariah had wished her to remove with him to another house, but she had refused. He said, after the affair, that “if she would not lie any more with him, he would not let her with any other man” — “he thought she should never sleep with another man, and he never with another woman.”

He said, he expected to be hanged, but added: “I shall go to the gallows in as good a cause as ever a man went.” His previous general character was good. He was hung November 19th, 1840.

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1882: Jack Chatman, waxed wroth

On this date in 1882, Jack Chatman hanged in Louisiana’s Bossier County for murder.

The attached, racist article is from the New Orleans Times-Picayune of August 4, 1882 — anticipating an execution that day from which our man won a short reprieve.

Jack Chatman married a woman, although he and the woman were already married at the time. He resided at the Larkin Place in Bossier. One evening he went to Cash’s plantation, three miles above Shreveport, and found his wife there in company with a cotton picker named John Williams.

He waxed wroth and seizing his spouse by the feet, dragged her out of the house to another cabin a few hundred yards distant. The woman feared violence at his hands, and after a desperate struggle freed herself and ran off, Williams in the meantime came up and the men fought with bare knuckles and it is said Williams got the best of the set-to.

The next morning Chatman took up his position in some cotton near Williams’s cabin, and as soon as Williams appeared at his door Chatman brought his double-barreled shotgun to bear upon his rival and shot him. The secret of the murder was too terrible to keep locked in his bosom, and his mouth soon gave all a key to the real offender.

Chatman was arrested, and on October 24, 1881, he was tried by a jury, composed of colored men, and found guilty of murder unqualified by any phrase which might save his life. An effort to have the verdict reversed by the Supreme Court failed, and there was nought to stand between him and his punishment.

Jack Chatman is thirty-three years of age, and although not tall, is heavily built, weighing 180 pounds, and is credited with having even less intelligence than the average negro.

He admits having killed Williams, but if the deed was to be done over again he does not think he would do it. He says he expects to go to heaven, but boasts that Williams will not be found there, he not having had time to properly prepare himself for eternity.

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1900: Guzeppi Micallef, Maltese felon

This tale of a dreadful Maltese wife-murder arrives via the Times of Malta’s roundup of sensational hanging crimes on that Mediterranean island. Now independent, Malta was still British-controlled at the time of the events in this excerpt.

A marker outside Corradino Prison records the people hanged on its gallows, including Guzeppi Micallef

The murder of 19-year-old Roza Micallef is undoubtedly the most sensational uxoricide of the 19th century. Roza was precious for her husband, Guzeppi, but he was fearful of losing her. This fear was the result of jealousy.

The couple, who had been married only for a few months, lived in a farmhouse at Maghtab. Roza’s parents objected to the marriage as Guzeppi’s brother was married to Roza’s sister and their marriage was not a happy one. However, Roza did not take heed her parents’ warnings and married Guzeppi.

Roza and her husband used to work in the fields with her parents. She was a lively woman and enjoyed talking to relatives and friends. Her husband objected to this behaviour and warned her to be less talkative. Two days prior to the murder, she was seen waving to her uncle, Alessandro. This affectionate gesture triggered off the quarrel Guzeppi had with his wife on the night of the murder.

After sunset on October 8, 1899, Roza’s brother, Teofilio, heard his brother-in-law crying for help as his wife had been hit by a shot accidentally fired by his shotgun. According to Guzeppi, the shotgun was resting against the wall when he accidentally hit it with his foot. The firearm slid to the ground and was discharged accidentally, hitting Roza in her breast.

When the police were called, Teofilio told them that some time before he heard the shot he called on his brother-in-law, Guzeppi, to give him some money. Teofilio said that when he was at his sister’s house he was sure that something wrong was afoot; however, he chose not to interfere.

Regarding the shot, Teofilio said that when he heard the firing of a shotgun he thought that Guzeppi had shot his neighbour’s dog which was barking at that time.

The post-mortem examination revealed that the shotgun had been discharged from a high position and not from the floor as Guzeppi had affirmed in his statement. Moreover, court experts appointed to investigate the case further confirmed that Roza did not die as a result of an accident.

Guzeppi was charged with his wife’s murder and his trial opened on May 28, 1900. The prosecution produced witnesses who testified that the accused was very jealous of his wife. However, Dr Etienne Micallef, the defence counsel, maintained that the accused was jealous because he feared he might lose his wife’s love and had no intention of killing her.

As the accused was found guilty with a unanimous vote, he was sentenced to death.

Representatives of the Chamber of Advocates, the president of the Chamber of Commerce and the Council of Government petitioned the [Lord] Grenfell [Governor of Malta] to commute the sentence but he refused the appeal.

Micallef was hanged on June 6, 1900. He was only 20 years old and the only man in Malta since 1800 to have been hanged for uxoricide.

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1857: Dedea Redanies, immigrant soldier

On New Year’s Day of 1857, Serbian Dedea Redanies was hanged in front of the Maidstone gaol for the shocking, out-of-nowhere murder of two English sisters he was close with.

Hailing from Belgrade, capital to the autonomous Serbian proto-state at the fraying fringes of Ottoman Europe, Redanies numbered among the thousands of subjects of central and southern European polities recruited by England as Crimean War cannon fodder. Relocated to England for training, a great many of these Germans, Italians, and Swiss were never deployed before the war ended in March 1856.

Though empires seek young men for their trigger-fingers they obtain also their passions and dreams so it is no surprise that a number of these import soldiers made time with the women near their posts. Our man Dedea Redanies was one of these; he became intimate with a Dover family near his garrison at Shorncliffe Camp and began to pay court to its eldest daughter, Caroline Back. Caroline liked Dedea too. Some of the young soldier’s letters to his inamorata, in touchingly fractured English, were published. (This is from Jackson’s Oxford Journal, Aug. 23, 1856)

My dear Caroline, —

I receive your portress and letter. I am glad and happy unto death. I am glad that you me not forgotten, and I beg you rit me every week one letters.

I have since that time than I from you to depart must, no happy hour to live to see can, and I thanks you for yours truth love.

I hoppe next month to see you. I do wish God spead you well. Me complaments on all familie 6000 tousend kisses.

Good bie mi dear Caroline, you truth,

Mi not forgotten.

Dedea Redanies

That letter was dated the 28th of June.

Barely a month later a passerby would find Caroline and her sister Maria (ages 18 and 16, respectively) stabbed to death on the road to Folkstone. They’d been last seen by their family gaily conversing with Dedea as he escorted them on the nine-mile walk; some others would describe noticing them on their way that morning, all of them in apparent high spirits.

Dedea Redanies said little after his arrest other than to embrace his (already obvious) responsibility for the murders but as could be best understood from a German letter* that he posted to the victims’ mother shortly before his capture, he had perceived a slip in Caroline’s affections and decided to do the whole tragic murder-suicide thing rather than live another day without her. Attaining a secluded glen facing the sea, he effected his plan in the most mawkish fashion imaginable. (This is from Jackson’s Oxford Journal, Aug. 23, 1857)

To Mother Back, —

On the first lines I pray to forgive the awful accident to the unlucky Dedea Redanies, which I committed on my very dear Caroline and Maria Back yesterday morning at five o’clock. Scarcely I am able to write; my heart break for my ever memorable Caroline and Maria. The cause of my deed is — 1, As I heard that Caroline is not in the family way, as I first believed; 2, because Caroline intends to go to Woolwich; 3, as I cannot stay with my very dear Caroline it made my heart so scattered that I put into my mind at last that Caroline rather may die from my hands than to allow Caroline’s love being bestowed upon others. However, I did not intend to murder also Maria, her sister, but, not having other opportunity, and as she was in my way, I could not do otherwise. I must stab her, too.

Dear Mother, — Saturday evening, when I came, I had not at least any intention to commit this awful act; but as I learned that my dear Caroline gave me back my likeness, and as she told me she would leave, I did not know any other way than that leading to the cutler, where I bought a poignard which divided the hearty lovers.

Sketch of Dedea Redanies committing murder by … Dedea Redanies. (Some stories indicate this was a repeated hobby of his as he awaited hanging.)

Arm by arm I brought my dearest souls in the world over to the unlucky place, neear the road before Folkestone, and requested them to sit down. But the grass being wet, they refused to do so, and I directed then Caroline to go forward, and I went behind Maria, into whose breast I ran the dagger. With a dull cry she sank down. With a most broken heart I rushed then after Caroline, lifting the poignard in my hand towards her. ‘Dear Dedea,’ cried she, with a half-dead voice, and fell down with weeping eyes. Then I rushed over her, and gave her the last kisses as an everlasting remembrance.

I could not live a more dreadful hour in my life than that was, and my broken heart could not feel when my senses were gone. And I took both the black capes of Maria and dear Caroline, as a mourning suit for me, leaving the awful spot with weeping eyes and a broken heart. Never I shall forget my dear Caroline and Maria, and the poignard will be covered with blood until it will be put in my own breast, and I shall see again my dear Maria and Caroline in the eternal life.

Farewell, and be not unhappy about the blissful deceased; they are angels of God, and forget the unhappy ever-weeping

Dedea Redanies

Wandering onward toward Canterbury, Redanies self-inflicted three stab wounds (one of them tearing into his left lung) that would have been fatal but for the timely arrival of a party of laborers and a surgeon they were able to summon. That enabled the crown to do the inflicting for him. Impassive in the face of his approaching death, he kept on roleplaying the romance in his head to the very end — “In a few moments I shall be in the arms of my dear Caroline; I care not for death” — “Now I write no more — I prepare myself to go meet my dear Caroline” — etc.

There’s more detail about this case as well as a hanging ballad to be found at PlanetSlade.com; the crime also inspired a folk tune, “The Folkestone Murder”

One final senseless death remained to the tragedy: according to the London Morning Chronicle (Jan. 2, 1857), one of the workmen disassembling the scaffold after it had served its turn “fell from a considerable height upon his head, and was killed upon the spot.”

* The quoted text is the English as it was originally published; I’m not positive whether to attribute its clunky prose more to the writer or the translator.

On this day..

1954: Henry Frank Decaillet

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

On this date in 1954, 52-year-old Henry Frank Decaillet met his death in the gas chamber at San Quentin in California.

Teenage girls seem to have been his type; when he married at 23 years old, his bride was just 14. They had five children, four of whom survived to adulthood. By the time of Decaillet’s crime, though, he and his wife had been estranged for years and had separated.

Decaillet, a farmhand, had joined his local Pentecostal Church and there he met Phoebe Ann Bair described as “a pretty brunette large for her age.” Her family was also part of the church. She was thirteen. He fell in love with her, he said, and they entered into a sexual relationship for about a year.

The affair had become the subject of local gossip by mid-1953 and the local police had a chat with Decaillet about the risks associated with having sex with minors. Phoebe herself had cooled towards him. He heard she had been “messing around with some boys” her own age and he became frantic.

On the evening of June 11, Decaillet accosted Phoebe at a Pentecostal Church meeting. She refused to speak to him and he drove to her house and took a .22 caliber rifle out of his car. He’d been carrying it around in his vehicle for some time, debating over what to do. Now he had made up his mind. He went into the Bair home, where three of Phoebe’s siblings and two other children were present. When they saw the gun, they went running out the door for the police.

Decaillet hid in a closet in the house. Phoebe and her parents arrived home at 9:45 p.m. Mr. and Mrs. Bair realized they’d left one of their other children behind at the church and left to pick her up, telling Phoebe to stay home and get ready for bed. After her parents left, as Phoebe was standing in the kitchen, Decaillet shot her through a crack in the door. She ran and tried to reach the front door, but he chased after her, grabbed her and shot her three more times in the head.

When the police arrived at the Bair residence, Decaillet was sitting on the sofa with rifle in hand and Phoebe’s head cradled in his lap. He admitted to his crime, saying he’d been planning it for weeks.

He said Phoebe had been leading an immoral life and he had killed her “to stop her from becoming a prostitute.”

Decaillet had little to say for himself after that. Although he was a heavy drinker who’d been treated at the state hospital for alcoholism — in fact he became a Pentecostal as part of his effort to turn over a new leaf — he was sober at the time of the murder. He said he knew what he’d done was illegal and wrong and agreed that he should die for it. He pleaded guilty to murder, without requesting leniency.

Less than a year passed between murder and execution.

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1729: James Cluff, on appeal

From the Newgate Calendar:

This unhappy young man was born in Clare-market, and lived as a waiter at several public-houses, in all of which he maintained an extraordinary character for diligence, obligingness, and integrity.

Mr. Payne, master of the Green Lattice, in Holborn, hired Cluff [or Clough -ed.] as a servant, and during his residence there, he fell in love with Mary Green, his fellow-servant; but she being courted by another man, constantly rejected his addresses, which frequently agitated his mind in the most violent degree.

Green’s other lover coming to see her, sat in the same box with her, and was received by her in an affectionate manner; but this did not seem to be much regarded by Cluff, who was then engaged in attending the customers: but when the lover was gone, Mr. Payne, perceiving that something had discomposed Cluff’s mind, asked him the reason of it; but could not prevail on him to tell the cause.

While Mr. Payne and his wife were at dinner in the parlour, and the girl was eating her dinner in one of the boxes, Mrs. Payne heard a noise, as if two persons were struggling, and going into the tap-room, Cluff said, “Come hither, madam.” On this she advanced, and saw the prisoner holding the deceased by the shoulders, who was sitting on the floor, and speechless, while the blood streamed from her in large quantities.

Mrs. Payne called out, “What have you been doing, James?” He said, “Nothing.” He was asked if he had seen her hurt herself? He said, No; but that he had seen her bring a knife from the cellar where she had been to draw some beer for her dinner. Mr. Payne now entered the tap-room, and then went into then cellar to discover if there was any blood there; but finding none, he accused Cluff on suspicion of having committed the murder; and instantly sent for a surgeon. When the surgeon arrived, he found that a knife had been stabbed into the upper part of the thigh, and entered the body of the girl, in such a manner that she could not survive the stroke more than a minute. [i.e., it gashed her femoral artery -ed.]

A bloody knife was found in the room, and Cluff was committed to Newgate for the murder. On his trial, the surgeon deposed that the knife fitted the wound that had been made, and that he believed the woman had not killed herself: but the jury acquitted the prisoner, from what they deemed insufficiency of evidence.

A discharge of the accused party would now have followed of course; but William Green, the brother and heir of the deceased, immediately lodged an appeal in consequence of which Cluff was brought to trial at the next sessions but one, when his case was argued with the utmost ingenuity by the counsel for and against him, but this second jury found him guilty, and he was sentenced to die.

Holy double jeopardy! Though rarely used, it was indeed formerly an option for a victim or a victim’s heir to lodge a private appeal against the purported malefactor, even one who had already been acquitted — indeed, even against one who had been convicted and then pardoned.

The distinction between a “public” and a “private” prosecution was usually more theoretical than real, since — at least until Sir John Fielding began organizing professional police in the late 18th century — even normal Crown trials often depended mostly on the exertions of the victim or friends to bring a man to book with sufficient evidence to punish him.* But in a close case, like Cluff’s, the rarely-used private appeal option could occasionally offer what amounted to a second bite at the apple.** (See Whores and Highwaymen: Crime and Justice in the Eighteenth-century Metropolis)

Perhaps tracing to the ancient weregild system of atoning crimes via direct redress by offenders to their victims, private prosecutions were completely immune from interference by a sovereign pardon. (However, they could be dropped any time the prosecuting party wished — which also made them leverage for extracting cash settlements.)

Back to the Newgate Calendar:

“I earnestly press’d upon him to glorify God by a plain Confession of his Crime, and urg’d to him the most material Circumstances, in Consideration whereof scarce any Body doubts but he committed the Fact. He could not pretend that his Master, or Mistress, who gave him the Character of a good Servant, had any Prejudice, or Ill-will to him, upon which Account they might be easy, whether he lived or died. He neither reflected on them, nor none of the Witnesses, as if they had any View in Prosecuting him, but that Justice might be executed. I urg’d him with the Surgeon’s Opinion, that it was improbable, if not impossible, for the Maid to give herself such a Wound; that she had no Knife in the Cellar; that in the first Trial, three Persons had sworn that he was Rude and Barbarous to the Deceased upon many Occasions, and upon that Account she made grievous Complaints to her Mother, and others … he continued Peremptory in his Denial. At first, indeed, he seem’d to be in Confusion, at the many pressing Instances which were made to extort a Confession from him; but recollecting himself, he denied that he gave the mortal Wound, and said, that he knew nothing at all how she came by her Death … Many of his Friends and Acquaintances came daily to visit him, while he was under Sentence, and I wish they did not divert him too much from his Duty, and that some of them did not under-hand, buoy him up with false Hopes. He hop’d to be sav’d only by the Mercy of God, through the Merits of Jesus Christ, and that he forgave all the World any Injuries done him, as he expected Forgiveness from Almighty God.”

James Guthrie, the Ordinary of Newgate

After conviction, his behaviour was the most devout and resigned that could be imagined; he exercised himself in every act of devotion, but solemnly declared his perfect innocence with respect to the murder. He was visited by his friends, who earnestly entreated him to make a sincere confession; especially as in his case it was not in the power of the king himself to grant him a pardon. In answer hereto, he freely confessed all his other crimes; but, saying he would not rush into eternity with a lie in his month, again steadily denied the perpetration of the crime of which he had been convicted. The clergyman who attended him urged him to the confession of his guilt, and even refused to administer the sacrament to him on the morning of his execution, on any other terms than those of acknowledging his crime, but nothing could shake his resolution; he still steadily persisted in his innocence.

On his way to the place of execution, he desired to stop at the door of his late master, which being granted, he called for a pint of wine, and having drank a glass of it, he addressed Mr. Payne in the following terms:

“Sir, you are not insensible that I am going to suffer an ignominious death, for a crime of which I declare I am not guilty, as I am to appear before my great Judge in a few moments to answer for all my past sins. I hope you and my good mistress will pray for my poor soul. God bless you, and all your family.”

At the place of execution he behaved in the most composed, devout, and resigned manner; and seemed to possess in the consciousness of innocence. There was a great concourse of spectators to witness his fatal end; to whom he spoke in the following manner: “Good people, I am going to die for a fact I never committed, I wish all mankind well; and as I have prayed for my prosecutors, I hope my sins will be forgiven through the merits of my ever blessed redeemer. I beg you to pray for my departing soul; and as to the fact now die for, I wish I was as free from, all other sins.”

He was hanged at Tyburn on the, 25th of July, 1729, exhibiting no signs of fear to his last moment.

The case of this man is very extraordinary. The evidence against him was at best but circumstantial; and this not supported with such strong corroborative proofs as have occasioned conviction in many other instances. No person was witness to his commission of the murder; nor was there any absolute proof that he did commit it; and from the steady perseverance with which he denied it, under the most awful circumstances, and at the very concluding scene of his life, charity would. tempt one to believe that he was innocent. Ought not this case to afford a lesson of caution to juries how they convict on circumstantial evidence? Is it not better that the guilty should escape, than the innocent be punished? All the decrees of mortals are liable to error; but the time will come when all mists shall be cleared from our sight; and we shall witness to the wisdom of those laws of Providence, which are now inscrutable to mortal eyes. Then shall we see that what appeared inexplicable to us was divinely right; and learn to admire that wisdom which, at present, so much exceeds our finite comprehension. In the mean time, we ought to adore that goodness we cannot comprehend, and rest satisfied with those dispensations, which are eternally and immutably just.

After Cluff’s hanging, his friends published a paper delivered them by the dead man “wherein [Cluff] makes a solemn Declaration that he was innocent of the Murder, and that several material Circumstances given in Evidence against him (which he particularly mentions) were untrue.” (London Journal, Aug. 2, 1729)

* Most notoriously, Jonathan Wild profiteered wildly from this system of privatized law enforcement by extracting a cut both from thieves whom he could threaten to shop for a reward, and from victims whose effects he could recover for a percentage.

** Though such proceedings would normally be handled, as Cluff’s was, by a jury trial, it was for private prosecutions that trial by combat still remained a possibility; one wonders if the accused servant considered taking his chances in the lists. This archaic legal artifact would not be abolished for ninety more years yet — after an 1818 case, Ashford v. Thornton, in which the burly accused in a private appeal successfully sued for the right to fight his wispy accuser in arms rather than in court. The magistrate gave an embarrassed ruling in the brawler’s favor (“however obnoxious I am myself to the trial by battle, it is the mode of trial which we, in our judicial character, are bound to award. We are delivering the law as it is, and not as we wish it to be”), leading the appellant to wisely back out of the case … and leading Parliament to ban private appeals and trial by combat in 1819.

When such an abolition was mooted as a means of soothing the American colonies in the early 1770s, however, conservative Lords decried the innovation as tending to “a system of ministerial despotism” that would remove a failsafe for crime victims — although Edmund Burke did allow that the ugly remnant of judicial combat “was superstitious and barbarous to the last degree.”

Have there been attempts even in 21st century Anglosphere courts to assert the right to trial by combat? Reader, there have.

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1848: Harriet Parker, crime of passion

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

On this date in 1848, Harriet Parker was publicly hanged in front of the Debtors’ Door at Newgate for the murder of her lover’s two young children.

The sad story is described in Nicola Sly’s In Hot Blood: A Casebook of Historic British Crimes of Passion.

Harriet was a widow. Her partner, Robert Henry Blake, was legally married to another woman, but they were separated and he lived with Harriet and two of his children by his wife: Amina, age seven, and Robert Jr., age five.

Despite residing at Cupid’s Court in London, their relationship was far from blissful. Robert was an inveterate womanizer who openly flaunted his affairs. It all came to a head on New Years’ Eve, 1847, when Robert told Harriet he was going to the theater without her. He’d made plans with a friend, Stephen Hewlett, and she wasn’t invited.

Harriet was furious and suspected, rightly, that Robert was actually going to be with another woman. She followed him as he left their home and tagged along behind him wherever he went, telling him he’d better get used to it because she would be with him all night.

Robert did meet up with his friend Stephen and complained of Harriet’s jealousy. “If I was to kiss that post,” he said, “she would be jealous of it.” Eventually he was able to give Harriet the slip, though, and went immediately to a prostitute’s house, where he stayed the night.

Harriet, meanwhile, angrily searched for her errant lover for hours, saying darkly that Robert would regret his actions for the rest of his life.

“I will do something that he shall repent and will die in Newgate,” she told Stephen Hewlett. She added, “I have something very black in mind … You will hear of me before you see me.”

He didn’t take her seriously. He should have.

A few hours after midnight on New Years’ Day, witnesses saw Harriet walking the city streets with little Amina, still asking people if they’d seen Robert. The next time anyone saw her was at 4:00 a.m. She was alone, and knocked frantically at her neighbor’s door. The neighbor opened the bedroom window and looked out, and asked what on earth was wrong.

“Oh, Mrs. Moore, I have done it,” Harriet said. She added that Blake had “met a little strumpet” and left her last night, and hadn’t come home. “A pretty spectacle is there for him when he does come home,” she added. “I shall go and deliver myself up to a policeman.”

Her neighbor asked why and she replied, “I have murdered the two children.”

That got Mrs. Moore’s attention and she sent her husband to find a police officer. Harriet herself went looking and found one, and asked to be arrested, but she didn’t disclose the reason until they were on the way to the station house. Finally she unburdened her secret:

I have murdered the children to revenge their father. They were innocent — through my vindictiveness I have done the deed.

A look in at the Blake/Parker house showed Harriet was telling the truth: Amina and Robert Jr. were lying in bed, quite dead. They had been smothered and their bodies were still warm. Harriet’s clothes were stiff with dried blood, but it wasn’t the children’s; it was her own blood, from a beating Blake had given her a few days before.

Harriet had to be persuaded not to plead guilty to her crimes from the outset. At her trial, which was presided over by two judges, her defense was that of provocation. Her attorney argued that Robert’s horrible treatment of her had driven her out of her mind and she was not a “responsible agent” at the time of the murders.

The jury was out for only ten minutes before returning with a verdict of guilty of willful murder. The automatic sentence was death, but the jurors included a strong recommendation of mercy because of the provocation Harriet had received. (Even after the murders Robert had boasted of all the women he’d seduced during the time he lived with Harriet.)

Judge Baron didn’t agree with the jury, pointing out that “the children gave her no provocation at all.”

Nevertheless, he promised to pass the recommendation on to the Home Secretary. When the two judges passed their sentence on the convicted woman, they emphasized that she had no right to take her feelings about Blake out on two “unoffending children” who were “in a sweet, innocent sleep.”

Harriet cried out, before being lead from court, “God forgive you, Robert. You have brought me to this.”

The Home Secretary did receive the jury’s recommendation of mercy, but didn’t act on it. The widespread perception was that if Harriet had murdered her louse of a partner rather than his children, she would gotten off with a lesser verdict of manslaughter. But the deaths of two small children, killed for the actions of their father, could not be countenanced.

Harriet spent her last days dictating letters to people. In one of several letters sent to Blake, she wrote, “Awful as my fate is, I would rather die than live again the wretched life I have done for the last twelve months.” She sent him a Bible and a pair of cuffs she’d knitted, and advised him to return to his wife and forsake drinking, bad company and other women.

The crowd of persons assembled to witness the awful scene was immense, and far exceeded in number those present at any execution of late — their conduct, also, we regret to add, was worse than usual, the yells and hootings which prevailed for some time previous to the culprit making her appearance being perfectly dreadful.

London Times, February 22, 1848

Mrs. Moore visited her in her cell and found her surprisingly at ease. “I have received more kindness in Newgate than ever since I left my mother’s home,” Harriet told her former neighbor.

Harriet was hanged by one of Britain’s most famous executioners, William Calcraft — although it was never the tidiness of his executions that he was famous for. Calcraft didn’t handle Harriet all that well, either: according to one account, Harriet’s “muscular contortions and violent motion of the hands and arms … were truly dreadful” as she choked to death. Her frame was so slight that the fall didn’t break her neck.

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1887: Clement Arthur Day


New York Herald, June 10, 1887

UTICA, N.Y., June 9, 1887. — Clement Arthur Day, about twenty-five years old, has been lock tender at No. 66, some two miles south of Boonville, on the Black River Canal, in the direction of Rome. For some time Josephine Ross, twenty-one years old, had been living with him. Her mother resides near Rome. This morning Day quarrelled with Josephine because she had made a visit to her mother, and stabbed the young woman five or six times in the bowels and left breast, killing her instantly. He threw the body into the canal and it floated to the opposite side.

Your correspondent interviewed Day in the Boonville Jail. He said he had lived in Ohio and was a painter and book agent. His wife died about a year ago. While selling stove polish he met the girl under the name of Johanna Cross at the California House, near Rome. She was living with her mother and had taught music. She said she had been betrayed by some one in the woods some time previous, also that her mother had been harsh and cruel, and she begged him to take hera away from the California House …

Johanna’s mother sent for her frequently and she did not want to go. He claimed he could not live without her. They were at Carthage yesterday, and this morning Johanna wrote a letter home, which they both intended to mail in Boonville. Day said he was hot tempered and refused to talk about the details of the crime, but said they had agreed to die together by poison, but he could not find the laudanum bottle after killing her. By agreement, he said, he had intended to drown himself with the stone and rope found near the lock, but seeing some one coming he went toward Ava, where he was seen in the woods, and he gave himself up.

A post-mortem is being held to-night, and the inquest will be held to-morrow. The murderer will claim to be insane from infatuation with the woman, but this is undoubtedly a case of cold blooded murder.


New York Herald, December 23, 1887

ROME, N.Y., Dec. 22, 1887. — Clement Arthur Day, who has been on trial for the murder of Josie Rosa Cross last June, was convicted of murder in the first degree this afternoon, and sentenced to be hanged on February 9, 1888.

He has maintained a sullen silence all through the trial and has feigned insanity admirably. He has not spoken to his counsel nor they to him in the Court House during the trial.

When the jury rendered their verdict his face did not change expression or color.

The District Attorney moved for sentence, and one of the prisoner’s counsel asked him if he was ready to have the judgment of the Court passed upon him.

Day smiled and said: — “Yes, I’m ready. Let them fire away. The quicker the better.”

Judge Williams told him to stand up, and he arose deliberately. The Judge asked him if there was any legal reason why the judgment of the Court should not be pronounced, and a bold and loud “No” came from the prisoner.

He was asked to be sworn as to his bbirthplace, &c., but refused, saying: — “You have had all you want of me; now hang me.” He spoke in a threatening and ugly manner.

The murder was a most brutal one, and the verdict gives universal satisfaction.


Baltimore Sun, February 10, 1888

UTICA, N.Y., Feb. 9 — Clement Arthur Day was executed in utica jail at 10.24½ o’clock this morning in the presence of 24 citizens, including all the officials. He was declared dead in 11½ minutes. His neck was broken.

Before he left his cell he declared that he had nothing further to say to the public. On his knees, in the presence of the Rev. Owen, his spiritual adviser, he declared himself guiltless of premeditated murder.

Four drams of croton oil, sufficient to kill four men, were found in his cell within a week. His father declared he would never be executed.

Day clapped his hands after the death warrant was read, and smiled. On walking over the ice in the jail yard he laughed heartily over the falls of the sheriff, Rev. Owen, a newspaper reporter, and Special Deputy Burke, exclaiming: “That’s four of them.”

He yawned while his legs were being strapped on the scaffold. He shook hands and kissed Deputy Burke, and assisted Deputy Ballow in adjusting the rope about his neck. He smiled as the cap was drawn over his face, and the smile was still there when the body was cut down.

The crime for which Day was hanged was the murder of his paramour, Johanna Rosa Cross. The crime was committed on the banks of the Black River canal the 9th of last June. Day’s father, a lock tender, was the only witness of the tragedy.

Day was jealous of his mistress and feared she would leave him. She had tried many times to get his permission for her to visit her mother, but he always refused, saying she would never return.

The day before the tragedy she received a letter from her mother saying she was dying and asking the daughter to come to her her. She wrote a reply to the letter, and she and Day started down the bank of the canal towards Boonville, where they intended to mail it.

They had gone but a short distance when Day turned on her and struck her with a butcher knife. She fell and he continued cutting until eight distinct cuts were made, one of which entered the heart and another the abdomen.

The father informed the authorities of the crime, and after spending a day in the woods the murderer gave himself up.

In the interviews with him after his arrest not a particle of regret for what he ahd done could be drawn from him. He pretended to have been converted and to be penitent, but his conversation and instincts were vulgar and beastly to the end.

The condemned man passed the last night of his life on earth without displaying any nervousness. On the contrary, he seemed to enjoy his violin, and sang and danced with the jail officials and others with apparent unconcern for his future until 12.30 this morning. He then went to bed and slept until 8.30.

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1680: John Marketman, jealous chirurgeon

On this date in 1680, an unusual public execution took place in West Ham.

John Marketman (Manchetman) was a ship’s surgeon, which he spelled “chirurgeon” because it was olden days. Being away at sea gave him a lots of time to picture how his wife Mary Snerlin back home might be cuckolding him, and when he arrived back one time to apparent corroborating information, he went a little nutso.

According to the trial record from the spring 1680 Chelmsford Assizes,

the circumstances of the bloody Deed was sworn to as followeth, the Prisoner being newly come on Shore, having been at Sea for a considerable time, was informed that she had been over lavish of her Favours to a Neighbour of hers, being by profession a Shoemaker; he being newly come from Sea and coming home as it is said surprized her too familiar with the said Shoemaker, whereupon he in a Rage threatned [sic] her, yet notwithstanding the Rage of Jealousie, he seemed reconciled, but to the contrary retaining an inward hatred, which she perceiving, fled to a neighbours house, thinking to stay whilst his Anger was overpast, yet he with a seem’d Reconciliation, came to invite her home, and came up to her as if he would imbrace her, but with his bloody hands he stab’d her with a Knife under her Right Breast, about four inches deep,* of which Wound she in a little time died, only confessing her innocence, at his Trial he did not deny the Fact, and after his being convicted did confess his Rashness in proceeding on such Cruelty, without the least remorse, after he was found Guilty of wilful Murder and received Sentence of Death, he seemed exceeding Penitent, and did bewail his cruel Crime, shedding many Tears, that he had given himself over to the suggestions of the Prince of darkness, and so continued to the utmost.

There are somewhat different twists on the underlying facts of the case from different sources — like the profession of the alleged lover, and the question of whether Marketman caught them in flagrante delicto or merely heard town gossip, and the matter of whether he took revenge with cold calculation or in more of a drunken fury. Fill it out however you like; in outline we have one of the stock classics of homicide.

But at receiving his sentence, Marketman did something remarkable: he asked the judge to alter the sentence and be hung not at the usual execution spot in Chelmsford, but in West Ham — “the town where he did perpetrate the wicked act.”

Marketman, you could say, really went all-out from that very first moment to put on a full-dress, no-holds-barred scaffold performance par excellence. He should have been in the business of scripting deaths.

Besides hanging in West Ham, Marketman had his mother (“poor Soul drowned in Sorrow,” in the words of a pamphlet titled “True Narrative of the Execution of John Marketman”**) lead him personally to the gallows. There a minister preached on 2 Corinthians 7:9, “I rejoice, not because you were grieved, but because you were grieved into repenting” — demonstratively comforting Marketman that his imminent strangulation would stand “a monument to divine justice … in and thorow you, God sheweth the consequences of a sinful and wicked life.”

This was the evolving principle of executions as exemplary deterrence, and Marketman was ready to play the part in his final turn. He spoke for a long time, with the swooning mother right there as evidence, on how he

had been very disobedient to his too indulgent parents, and that he had spent his youthful days in profanation of the Sabbath and licentious evils of debaucheries beyond expression, and that he had been over penurious in his narrow observance of his wive’s ways, desirous that all should pray to the Eternal God for his everlasting welfare, and with many pious expressions ended this mortal life.

In focusing on the theatrical aspects of Marketman’s execution, we don’t mean to suggest that the sea-chirurgeon’s encounter with his death was in any way insincere: present-day executions too comprise a ritualized performance in which a good many dying prisoners are very willing to participate. (Modern American executions behind prison walls don’t map to the take-warning-from-my-fate discourse, but it’s quite common for those on the gurney to offer victims’ witnesses the “closure” shibboleth.)

The early-modern condemned were widely expected to give a pedagogical account of themselves before execution, and widely complied with the expectation. Marketman simply underscores the surprising extent to which a fellow will not only comply but actively assert his part in his own death. Marketman wanted his hanging to embody redemption, instruction, and the majesty of the law that hanged him. Maybe in his heart of hearts he even wanted that before he knifed poor Mary Snerlin.

The chirurgeon went so far as to write a prison letter to his supposed rival: “As for the injury you have done me, I freely from my heart forgive you, begging God to give you grace that you may unfeignedly repent of all your sins, that God may have mercy on your soul.”

See J.A. Sharpe, “Last Dying Speeches: Religion, Ideology and Public Execution in Seventeenth-Century England,” Past & Present, May 1985.

* Say what you will about chirurgeons, they know about killing.

** This source also says his wife was pregnant, which must have added some vinegar to Marketman’s cuckoldry suspicions.

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