1679: Robert Foulkes, adulterous minister

From the Newgate Calendar:

This unhappy gentleman was a divine of the Church of England, and had been very much esteemed for his learning and abilities. Few men were more capable of shining in a church, or had a greater share of that sacred eloquence so requisite in a preacher. He was minister of Stanton-Lacy, in the county of Salop, where he was exceedingly followed and admired till his crimes came to be known, and where he might have been beloved till death in a natural way had taken him hence, and then universally lamented, if his heart had been as well furnished with grace as his head was with knowledge and his tongue with expressions.

A young gentlewoman of a considerable fortune, who had been left an infant by her parents, was committed to his care by her executors, as to a man who, they trusted, would not only deal justly by her, but also instruct her betimes in the principles of religion, and her several duties as a Christian. But, alas! how weak is human nature, and how soon are we tempted aside from the ways of piety! Mr. Foulkes, instead of answering the purpose of the young woman’s friends, was soon smitten with her charms, and took an opportunity of discovering a criminal passion for her, though he had at that time a virtuous wife and two children living. The young lady too easily consented to gratify his lust, and they continued their conversation together till she became pregnant.

All the means he could think of to procure abortion were now tried, and they all proved ineffectual; so that they must be both exposed to scandal, unless she could be removed to some convenient place, remote from the eyes of the world, and from the jealousies of Mrs. Foulkes, where she might be delivered of her burden, which was not yet perceived. A plausible excuse for his going up to London was soon formed, and for his taking Miss along with him, who at that time was under twenty years of age. When they arrived in town they took a lodging in York Buildings in the Strand, where she lay in, and where (shocking to think of!) the child was privately murdered, to prevent the infamy that might follow.

But divine vengeance would not suffer this horrible deed to remain long concealed, for before Mr. Foulkes went out of town the girl was examined upon the suspicion of some women, when she confessed the whole, and charged Mr. Foulkes with the murder, who was thereupon apprehended and committed to Newgate; in a short time after which he was condemned at the sessions house in the Old Bailey, upon the evidence of the young woman. On the 31st of January, 1679, he was executed at Tyburn.

On this day..

1830: William Banks, housebreaker

On this date in 1830, William Banks, the leader of a gang of West Moulsey robbers was hanged at London’s Horsemonger Lane Gaol.

Despite a freezing day and a ferocious northerly wind that newsmen enhanced “almost to a hurricane” (London Morning Chronicle, January 12, 1830), a vast concourse of onlookers turned out to witness the execution.

The case attracted such enormous public interest for the boldness of the thieves in plundering the home of a Rev. William Warrington and his wife. That couple “had just undressed for bed,” explain the newspapers (this the Dec. 30, 1829 London Morning Chronicle), “when they were alarmed by the sound of several footsteps walking towards the door of their room.”

Mr. Warrington grabbed for a pistol he kept at the ready as the gang barged into the room, but couldn’t get a shot away before both were seized, trussed up, and deposited in the cellar with two tied-up maids.

Having the place at their disposal now, the robbers made a leisurely search of chests, drawers, cupboards, and the like and loaded up the domestic valuables on one of the house’s own gigs, finally driving it off under the locomotion of one of the house’s own horses at about 4 in the morning.

Though widely reported at the time it happened — way back in November 1828 — there was no break in the case until a year later when a gang member in prison on an unrelated case started informing against them in exchange for a remittance of his own punishment.

The gang’s leader, our man William Banks, “had repeatedly sworn that he would not be taken alive,” the Morning Chronicle reported in its January 12, 1830 account of the hanging. But with a gun literally to his head, he thought better of resistance and surrendered with the accurate prophecy, “I am a dead man.”

Even in 1830, housebreaking was among the two hundred-odd non-homicide crimes eligible for a capital sentence by the terms of England’s Bloody Code; indeed, Frank McLynn observes that it “was treated particularly harshly, as it violated privacy and exposed householders to assault.”

Banks, “a dark but handsome and very muscular man” of 35, dismayed the chaplain with his indifference to his spiritual salvation — for “all he cared about hanging was the pain it would give him, for he knew nothing about a hereafter.”

England in the early 1830s abolished the death penalty for a number of property crimes, including (in 1833) housebreaking.

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1875: Henry Wainwright, Whitechapel murderer

On this date in 1875, Whitechapel’s most notorious murderer ere Jack the Ripper arrived on the scene paid for his double life on the gallows of Newgate.

Henry Wainwright, brushmaker and philanderer, came to his mortal ruin by way of a financial one.

The expansive Wainwright could not confine his adventures to actresses at the theater adjacent his Whitechapel Road shop* but in 1872 installed a mistress, one Harriet Lane, in a flat of her own with a liberal £5-a-week stipend. “Mrs. King”, as she styled herself with a better ear for the forgettable name than Wainwright would evidence (we’ll come to that part), bore her lover two children.

But by the next year, Wainwright’s prodigalities and a worldwide economic crisis had sunk him in debt. As his creditors circled, Wainwright pinched farthings where he could, putting predictable strain on his lover’s allowance — and with it, her affection, her sobriety, and her discretion.

As Wainwright succumbed to bankruptcy, Harriet Lane’s demands for money and occasional drunken forays into his very place of business had Wainwright scrambling for some way to fob the mistress off on some other man. His efforts thereto were frustrated, so he contrived the next best thing: prevailing on his brother Thomas** to write his mistress mash notes under the ungainly pseudonym of “Edward Frieake”, Wainwright spun a plausible scenario for her elopement.

Unfortunately for Mrs. King, the honeymoon would be a chloride of lime pit under the floorboards of Wainwright’s warehouse.

On September 11, 1874, the lady sallied out of her apartment, and was never heard from again.

Laborers working near Wainwright’s warehouse that night would report hearing three gunshots, but being unable to pinpoint their source they let the matter drop — just as did police with Harriett Lane’s disappearance. With the help of a chaser letter or two from his brother, Wainwright represented that she had run off to Paris with her correspondent. Why, she might never be heard from again!

According to Jonathan Goodman, the 1844 Thomas Hood poem “The Bridge of Sighs” was a Wainwright favorite, one he often recited to entertain his family(s):

One more Unfortunate,
Weary of breath,
Rashly importunate,
Gone to her death!

Take her up tenderly,
Lift her with care;
Fashion’d so slenderly
Young, and so fair!

Wainwright himself qualified for verse not long after poor Harriet Cole’s remains tumbled into plain view on that London street, like the “Awful Murder and Mutilation of a Female At the East-end of London”, whose composition mirrors its expository title:

Her head was severed from her body,
Her arms as well — how sad to tell

The above fragment (I have not located the entire original) is from this informative post about murder ballads

Another year on, Wainwright had good cause to believe he’d gotten away with the whole thing.† But his finances having finally collapsed, the warehouse that doubled has Harriet Lane’s tomb had been foreclosed upon in July of 1875, and it would soon be sold to new and potentially nosy owners. Wainwright had a body to move. And when the hole was opened up on September 10, 1875, it uncovered not a few scraps of a satisfyingly dissolved corpse — but the body entire, preserved rather than eroded by its chemical bath.

And the corpse stank disgustingly.

Showing the extraordinary judgment that had got him into this mess in the first place, Wainwright bought a spade and a cleaver to dismember the foul limbs he had once made love to, and then engaged a colleague to help him schlep the resulting packages out to the street. Arthur Stokes would later attribute his decision to peek to a divine command that struck him from the firmament, but nothing more remarkable than below-average curiosity will be required of a man encumbered by a heavy, fetid parcel to wonder what they might contain. A more impressive explanation will be required to justify Henry Wainwright’s decision to leave Stokes alone with the horrors while Wainwright jogged off to hail a cab.

Thinking fast for a man come face to face with a severed head, Stokes rewrapped the horrendous bundle and casually helped his homicidal friend pack it all onto the cab. When Wainwright drove off, Stokes trailed him, looking for constables to summon. And when he found them, and they approached the cab asking to inspect his cargo, all Henry Wainwright’s nauseating hypocrisy spilled out on the street in a lurid pile. He lamely tried to bribe the constables two hundred quid to ignore the putrid sackful of human remains.

A distinct scar and the dress Harriet Lane had worn on the day of her “elopement” identified the body to everyone’s satisfaction, and the circumstances of the body’s discovery did not admit much hope for Wainwright’s defense team.‡

So notorious was Wainwright’s crime that a vast concourse of gawkers mobbed the exterior of Newgate on the morning of his hanging, just like in the bad old days — even though, all executions by this late date being private affairs, these masses had no opportunity to glimpse anything save the black flag hoisted over Newgate to signal that the sentence of the law had been carried into effect.

Sources:

* Wainwright’s old shop apparently still stands, in relatively good condition. There are some 21st century photos of it and some interesting discussion of the case on casebook.org.

** Exactly when Thomas Wainwright became aware of what his brother had been up to with this “Edward Frieake” stuff is not certain. He did help his brother open Harriet Lane’s lime grave prior to its catastrophic attempted move.

Tried for his life alongside his brother, Thomas was acquitted of capital murder but caught a seven-year prison sentence as an accessory after the fact.

† The illegitimate children were in the care of a dressmaker, Ellen Wilmore, who still had them by the time of Wainwright’s trial. (Wilmore was called to testify.) It is not known what became of them thereafter.

‡ We are indebted to Foul Deeds and Suspicious Deaths in London’s East End for this outstanding detail: librettist W.S. Gilbert appears as a part of Wainwright’s defense. Gilbert, a barrister by training who had just made his big breakthrough by writing the 1875 musical theater hit Trial by Jury, was in the process of launching the collaborative career that puts Gilbert and Sullivan productions on community playhouse stages down to the present day.

Late in 1875, W.S. Gilbert received a jury summons highly inconvenient to his burgeoning artistic career. Consequently, he managed to finagle for himself a nominal assignment on the Wainwright defense team as a means of re-establishing “practicing attorney” bona fides that would exempt him from any jury boxes.

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1864: Franz Muller, “Ich habe es getan”

On this date in 1864, German tailor Franz Muller hanged before an unruly London mob estimated near 50,000 angry souls.

Muller was among Britain’s last public hangings, before executions disappeared behind prison walls four years later. But what he’d done was a first, and father to a legion of detective novels and dinner theater: Muller committed the first murder on a British train.

Certainly Muller’s motive was as pedestrian as his locomotion was novel, for the victim was a 69-year-old banker who was relieved of a gold watch and gold spectacles, then pitched out of his compartment onto an embankment on a North London commuter train.

This operation was facilitated and — so conceived a public that was spellbound by the crime — poor Mr. Thomas Briggs’s escape from his attacker prevented by the then-prevalent use of the compartment coach, a railcar design without any interior corridor communicating between the berths. As each compartment opened only to the outside, passengers were stuck in their rooms between stations (and ticket-takers had to scuttle hazardously along exterior running-boards). Known in much of Europe as the English coach, these designs would quickly lose popularity thanks in part to this very affair.*

In a sense, these spaces just translated into the industrial era the age-old terrors that had always stalked travelers. It must be this that accounts for the extraordinary interest the public took in Briggs and Muller: in a sealed compartment, face to face with a desperate man, one would be as nakedly vulnerable as the mail coach on the roads of yesteryear quailing at the shadow of Dick Turpin. London businessmen did not expect such harrowing encounters on their daily commute.

A reward soon yielded a tip that put police onto this working-class immigrant Muller — the man sure ticked every box for a proper moral panic — who had dropped into a Cheapside jeweler’s** shop two days after the murder to exchange a gold chain (later identified as Briggs’s chain), and hopped a ship to New York soon thereafter. Inspectors took a faster ship and beat him to the Big Apple. He still had Briggs’s watch and top hat on his person, the latter ingeniously cut down.†

In a recent book about Briggs’s murder, Kate Colquhoun argues that despite the verdict, Britons “never quite felt they got to the bottom of” why the murder occurred. It’s commonly supposed that Muller didn’t intend to slay his victim and perhaps didn’t even realize he had done so.

Muller’s disarmingly amiable personality contrasted sharply with the circumstantial but persuasive evidence of a violent bandit; he struck the men who awaited him in New York as having been genuinely surprised by his arrest. Muller himself denied his guilt throughout a breathlessly reported three-day trial and even pressed for a stay of execution claiming to have developed new evidence of his innocence.

There was no stay, and only at the very last moment before the drop fell did the condemned youth succumb to the pressure of the German-speaking Lutheran clergyman who had been his companion in the last days to confess himself of the crime with the words Ich habe es getan.

Rev. Louis Cappel, whose immediate public announcement of this solemn unburdening played better as theater than as ministry, later explained in a letter to the London Times‡ (Nov. 16, 1864) that

the unhappy man declared he was innocent not while, but before, the Sacrament was being administered to him. Soon after entering his cell on the last morning I asked Muller again whether he was guilty of this murder. He denied it. I then said, “Muller, the moments are precious; we must turn our minds wholly to God; I shall question you no more about this, but my last words to you will be, ‘Are you innocent?'”

He remained silent for a minute or two, but presently exclaimed, his eyes full of tears, and clasping his arms round my neck, “Do not forsake me; stay with me to the last.”

* As a stopgap safety measure in the following years, before the widespread introduction of cars with interior corridors, existing compartment coaches were fitted with peepholes (called “Muller’s lights”) between compartments as well as wires enabling passengers to ring the alarm

** Submitted without comment: the jeweler’s name was John Death.

† Muller’s truncated-top-hat design actually enjoyed a brief fashion vogue that became named for him as a “Muller cut-down”.

‡ Consonant with the growing elite consensus on the matter, half the Times‘ execution coverage — a full column and a half of newsprint — was dedicated to excoriating the “lawless ruffianism” of the jeering hang-day mob.

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1697: Three duty stamp counterfeiters

On this date in 1697, nine men hanged at Tyburn — all for property crimes.

Three were highway robbers. A fourth was a coiner. A fifth was a pickpocket. A sixth was a husbandman who stole a gelding.

The remaining three men, Thomas Houghton, Francis Cook and Francis Salisbury, operated a ring selling vellum paper bearing counterfeit sixpenny impressed duty stamps.

Their offense was against a 1694 levy titled “An act for granting to Their Majesties several duties on Vellum, Parchment and Paper for 10 years, towards carrying on the war against France”. This statute (full text here) imposed taxes of varying amounts for any number of a huge variety of officially-registered business. Routine commercial transactions now almost universally came with a rake for the taxman: “every skin or piece of vellum or parchment, or sheet of paper, upon which shall be ingrossed or written any indenture, lease, or deed-poll” had to be executed with a sixpenny stamp.

As a practical matter, such skins or pieces of vellum or parchment were sold pre-stamped, the stamp to be canceled by the parties in question when they signed on the line which is dotted. And it was this market that Houghton, Cook, and Salisbury exploited.

While counterfeiting the specie could be held to imperil the kingdom so dangerously to rate as treason, this trio’s “counterfeiting” was just everyday white-collar siphoning. By forging a bogus sixpenny stamp and applying it to sheafs of contract-ready vellum that they could sell at market rates, they got the revenue-agent’s cut — not the crown. (The scam is described in their Newgate Calendar entry, which inexplicably gives short shrift to Francis Cook.)

Though the “war against France” named by the stamp bill — the War of the League of Augsburg or the Nine Years’ War — had ended weeks before even the hangings we mark on this date, the lucrative levy long outlasted it. In the following century, England revived this type of tax often, notably in 1712 expanding it to encompass printed publications like newspapers and pamphlets. Hey, just require anything printed on paper to have a royal stamp on it — easy! This habit would eventually create the 1765 Stamp Act so obnoxious to North American colonists in the run-up to the American Revolution.

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1660: Francis Hacker and Daniel Axtell, regicides

On this date in 1660, the English soldiers Francis Hacker and Daniel Axtel(l) were executed for their roles in keeping the captured King Charles I, and for eventually seeing that late king to his beheading.

Francis Hacker

No hapless grunt, Hacker was a committed Roundhead even though most of his family stayed loyal to the Stuarts. When captured by the royalists at Leicester, Hacker “was so much prized by the enemy as they offered him the command of a choice regiment of horse to serve the king.”

Hacker disdainfully turned it down.

And as the wheel of fortune turned, the king would become Hacker’s prize. It was Hacker who commanded the detail of 32 halberdiers who marched the deposed monarch into Westminster Hall on January 20, 1649 to begin a weeklong trial — and a whole new historical era of parliamentary ascendancy.

Ten days later, when Charles was led out for beheading outside the Banqueting House, it was Hacker who escorted him. Hacker might have escaped even this much participation with his own life after the restoration of Charles’s son and heir, but it came out that he had even written, with Cromwell, the order to the executioner.

(It was an order that one of his comrades that day had very presciently refused to set his own hand to; come 1660, Hercules Huncks would owe his life to this refusal.)


Detailed view (click for a larger image) of an illustration of the king’s beheading. On the right of the scaffold, character “D” sporting a natty scabbard is Francis Hacker.

It’s a funny little thing to lose your life over, because — narrowly considered — it was nothing but a bit of bureaucracy. Hacker et al had been given from above a commission for the king’s death. On the occasion of the execution they had to convey from their party to the executioner a secondary writ licensing the day’s beheading.

But monarchs asserting divine prerogative certainly do not take such a view of mere paperwork.

“When you come to the Person of the King, what do our Law Books say he is? they call it, Caput Reipublicae, salus Populi, the Leiutenant of God”

The regicides’ judge, delivering sentence

Huncks refusing to set his hand to this death warrant, it was Cromwell himself who personally dashed it off, then handed it to Hacker, who fatally countersigned it, just before the execution proceeded.

Meanwhile, Hacker’s subaltern Daniel Axtell razzed Huncks for chickening out. Axtell, who seemingly would be right at home in the kit of your most hated sports club, was indicted a regicide for his gauche fan behavior during the king’s trial, several times inciting soldiers (on pain of thrashing, per testimony in 1660) to chant for the king’s condemnation, whilst bullying any onlookers who dared to shout for Charles into silence.

Hacker did not bother to mount a defense; the verdicts were foreordained by political settlement.

Axtell argued superior orders, a defense best-known to us for its unsuccessful use by Nazis at Nuremberg but one which actually boasts a long history of failing to impress:

the Parliament, thus constituted, and having made their Generals, he by their Authority did constitute and appoint me to be an Inferior Officer in the Army, serving them in the quarters of the Parliament, and under and within their power; and what I have done, my Lord, it hath been done only as a Souldier, deriving my power from the General, he had his power from the Fountain, to wit, the Lords and Commons; and, my Lord, this being done, as hath been said by several, that I was there, and had command at Westminster-hall; truly, my Lord, if the Parliament command the General, and the General the inferiour Officers, I am bound by my Commission, according to the Laws and Customs of War to be where the Regiment is; I came not thither voluntarily, but by command of the General, who had a Commission (as I said before) from the Parliament. I was no Counsellor, no Contriver, I was no Parliament-man, none of the Judges, none that Sentenced, Signed, none that had any hand in the Execution, onely that which is charged is that I was an Officer in the Army.

Sounding equally modern, the court replied:

You are to obey them in their just commands, all unjust commands are invalid. If our Superiours should command us to undue and irregular things (much more if to the committing of Treason) we are in each Case to make use of our passive not active Obedience.*

The two men were drawn from Newgate to Tyburn this date and hanged.

Axtell was quartered, the customary fate of those regicides who had been put to death all the week preceding. Hacker, however, enjoyed the favor of hanging only, and was delivered and “was, by his Majesties great favour, given entire to his Friends, and buried” — perhaps because so many of Hacker’s family had remained true to Charles.

“If I had a thousand lives, I could lay them all down for the Cause

-Axtell, at his execution

* Axtell’s trial has a good deal of detailed bickering over the superior-orders defense, but the court itself did also take pains to differentiate the things Axtell did as an officer, such as commanding troops (for which Axtell was not charged) — and his going the extra mile and surely beyond his commission to shout for the king’s death.

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1570: John Felton, papal bull promulgator

On this date in 1570, the English Catholic martyr John Felton suffered hanging, disemboweling, and quartering at St. Paul’s Churchyard in London for the Old Faith.

Not to be confused with the 17th century assassin of the same name, our John Felton was reported by the biography from his daughter’s hand to be a wealthy Southwark gentleman whose wife had gamboled in her own childhood with the future Queen Elizabeth.

John’s crime was to hang up publicly in the dark of night before Corpus Christi the papal bull excommunicating Queen Elizabeth — an act not merely of religious dissidence but of overt political rebellion, inasmuch as the bull released English subjects from their obedience to “the pretended Queen of England” and exhorted them on pain of damnation to ignore her edicts. This directive from Rome was to prove so taxing for Catholics that it was soon modified to permit outward obedience in civil matters, pending the overthrow of the heresiarchess.

Following a decade of uneasy religious tolerance — in which, not coincidentally, Elizabeth entertained the suits of assorted continental royalty, some of them Catholic — Regnans in Excelsis marked the onset of open hostilities. The Catholic “Ridolfi plot” would be hatched this very year, for instance, and lead the Duke of Norfolk to the scaffold by 1572.

And then he said, O Lord, into thy hands I commend my spirit, in English; and as he was saying it in Latin, In munus tuas Domine, he was turned off the ladder; and hanging there six turns, he was cut down, and carried to the block, and there his head was smitten off, and held up, that the people might see it: whereat the people gave a shout, wishing that all Traitors were so served. Then he was quartered, and carried to Newgate to be parboiled, and so set up as the other rebels were. — God save the Queen.

John Felton’s son Thomas Felton was also martyred, in 1588. Both have since been beatified.

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1746: Francis Towneley, of the Forty-Five

On this date in 1746,* the English Jacobite Francis Towneley was hanged, drawn and quartered at London’s Kennington Park.

This Lancashire Catholic had relocated residence and loyalty to France at age 19 in 1728, and fought in that country’s army. He was right at the sweet spot of veteran seasoning and youthful enterprise by the time “the Forty-Five” rolled around: the last great Jacobite rising to reverse the Glorious Revolution and re-enthrone the dispossessed heirs of King James.

With British armies deployed around Europe and the colonies in the 1740s during the War of Austrian Succession, the French decided to back a Jacobite bid to restore the exiled Stuart pretender, using the customary geopolitical strategem of teaming up with the Scottish. Being a Lancashire local, Towneley was commissioned a colonel and dispatched as an advance party to Manchester to scare up a regiment of Stuart loyalists there who would join up with Highlanders on the march from points north.

Towneley’s Manchester Regiment turned out to number just 300 hardscrabble souls. Discouraged by the thin show of public support — and by reports of a large loyalist army that turned out to be pure bluff — the Jacobites retreated, dropping off Col. Towneley’s regiment on the way to garrison Carlisle. Just days later, this small rearguard was overrun and forced into unconditional surrender by a guy named William the Butcher. This wasn’t destined to end well.

Towneley’s legal defense made the case that he was a commissioned officer of France, and not of the Stuarts themselves, which made him a prisoner of war rather than a traitor, an interesting debating point for barstool barristers but the sort of jurisprudence that will inevitably be determined in the breach by policy instead of principle. Policy in this instance was not to go easy on the Jacobites.

After he had hung for six minutes, he was cut down, and, having life in him, as he lay on the block to be quartered, the executioner gave him several blows on the breast, which not having the effect designed, he immediately cut his throat: after which he took his head off then ripped him open, and took out his bowels and threw them into the fire which consumed them, then he slashed his four quarters, put them with the head into a coffin, and they were deposited till Saturday, August 2nd, when his head was put on Temple Bar, and his body and limbs suffered to be buried.

Towneley’s family still had his severed, spike-holed head into the 20th century, when they finally interred the macabre mememto.

* We’re sticking with the local date in England here. England was still on the Julian calendar at this point (though for just a few years more). You’ll also see August 10 cites out there: that’s the equivalent date on the Gregorian calendar, which was current in France and throughout Europe’s Catholic realms.

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1683: Lord Russell, Whig martyr

On this date in 1683 at Lincoln’s Inn Fields in London the great Whig parliamentarian William, Lord Russell was beheaded with a legendary want of dexterity by Jack Ketch.

The third son of the Earl (later Duke) of Bedford, Lord Russell emerged from a decade of comfortable obscurity in the Parliament’s back benches to become a leading exponent of the nascent Whigs* opposed to royal absolutism and to Catholicism — two heads of the same coin, for the Whigs, given that the heir presumptive James had controversially converted to Catholicism.

The national freakout from 1678 over an alleged “Popish Plot” to undo Old Blighty gave Russell his cause; his leadership of the resulting parliamentary bid to exclude James from royal succession made the gregarious Russell “the governing man in the House of Commons”.

Lord Russell was a man of great candour, and of general reputation; universally beloved and trusted; of a generous and obliging temper,” his friend Gilbert Burnet recorded of our man. “He had given such proofs of an undaunted courage and of an unshaken firmness, that I never knew any man have so entire a credit in the nation as he had.”

Russell was, Burnet allowed, “a slow man, and of little discourse, but he had a true judgment, when he considered things at his own leisure: his understanding was not defective; but his virtues were so eminent, that they would have more than balanced real defects, if any had been found in the other.”

Chief among those virtues was his wholehearted sincerity for his cause — a passion the source of both his renown, and his destruction. Russell was heard to espouse the view that James ought not merely be excluded from succession, but executed like his father.

Matters never quite approached that point, but the crisis provoked by the Exclusion Bill firebrands led King Charles II to dissolve parliament in 1681, depriving the Whigs of their legal perch. In the ensuing years politics played out not as legislation but conspiracy, and the crown’s rather more successful harassment of same: many of the chief Whig actors were driven offstage to scaffolds, dungeons, or continental exile.

The half-dozen most eminent Whigs remaining — to whom, besides Lord Russell, we number the king’s illegitimate son Monmouth, the Earl of Essex, Baron Howard of Escrick,** Algernon Sidney, and John Hampden† — formed a sort of informal Council of Six who met secretly to consider the bad options available to the fractured Whig movement. Some section of the wider Whig network in which this Council operated turned eventually to considering the most desperate of measures.

Their Rye House Plot schemed to waylay and assassinate the royal person near a fortified manor handily on the king’s route back to London from the Newmarket races. It was owned then by a radical former soldier of Cromwell‘s New Model Army.

It has been long debated to what extent any of the top Whigs knew of or actively participated in this Guy Fawkesian plot, or its complement, a projected armed rising of the sort that Monmouth would indeed mount in 1685. One school of thought is that the Tories seized it as an expedient to eviscerate the remaining Whig leadership by conflating the entire movement with a regicidal scheme; another is that the Whig insistence upon its martyrs’ innocence — and Lord Russell is the chief man in this pantheon — has amounted to a fantastic propaganda coup.‡

In June 1683, a salter who was in on the Rye House planning got a cold sweat and informed on the Whigs. This backstab earned a royal pardon for himself, and started a familiar policing sequence of incriminated conspirators turning crown’s evidence and informing in their turn on the next part of the network.

Many of the Whigs fled to the Netherlands, received there by the House of Orange which would seat itself on the English throne inside of six years.

Lord Russell, however, refused to fly. He landed in the Tower of London by the end of the month, to face trial as a traitor on the evidence of his association with other Whigs and his entertaining the plan of raising an armed revolt. (He would have been joined in the dock by Essex, but that worthy cut his own throat in the Tower.) The judge’s summation to the jury even underscored that “You have not Evidence in the Case as there was [in other Rye House cases] against the Conspirators to kill the King at the Rye. There was a direct Evidence of a Consult to kill the King, that is not given you in this Case: This is an Act of contriving Rebellion, and an Insurrection within the Kingdom, and to seize his Guards, which is urged an Evidence, and surely is in itself an Evidence, to seize and destroy the King.”

Lord Russell’s case shifted around the fringes of actual innocence — those plans for Insurrection within the Kingdom, he said, occurred sometimes at meetings he happened to attend but only off on the side, or without Lord Russell’s own involvement or support. (Speaking from the scaffold, he would several times insist that his acts were at worst misprision of treason, which was no longer a capital crime at this point.)

Against this the crown produced Lord Howard, a cravenly interested party to be sure, who saved his own skin by testifying that the six-headed cabal was down to planning the specifics of the places where a rebellion might best be stirred up, the procurements of arms and bankroll that would be necessary to same, and how to draw Scotland into the fray as an ally. “Every one knows my Lord Russell is a Person of great Judgment, and not very lavish in Discourse,” Howard allowed on the point of Russell’s active assent to the plans. “We did not put it to the Vote, but it went without Contradiction, and I took it that all there gave their Consent.”

David Hume would observe in his History of Great Britain that Russell’s “present but not part of it” parsing didn’t make for a very compelling story. “Russell’s crime fell plainly under the statute … his defence was very feeble.”


Detail view (click for the full image) of an 1825 painting of Lord Russell’s trial, commissioned of George Hayter by Lord Russell’s admiring kinsman John Russell, Duke of Bedford. John Russell also wrote a biography of his famous ancestor. The unbroken succession of Dukes of Bedford from William Russell’s father continues to the present day; the current Duke of Bedford, 15th of that line, is one of Britain’s richest men.

Conscious of the great pulpit his scaffold would offer, Lord Russell drafted with the aid of his wife a last statement vindicating his own person and the Whig cause that flew into print before the onlookers at Lincoln’s Inn Fields were dipping their handkerchiefs into his martyrs’ blood.

Nor did I ever pretend to a great readiness in speaking: I wish those gentlemen of the law who have it, would make more conscience int he use of it, and not run men down by strains and fetches, impose on easy and willing juries, to the ruin of innocent men: For to kill by forms and subtilties of law, is the worst sort of murder …

I never had any design against the king’s life, or the life of any man whatsoever; so I never was in any contrivance of altering the government. What the heats, wickedness, passions, and vanities of other men have occasioned, I ought not to be answerable for; nor could I repress them, though I now suffer for them.

These notices drew furious confutations from Tory pamphleteers aghast at the face these traitors had to forswear their malice against King Charles; a battle of broadsides to control the historical narrative ensued, and was resolved in the Whigs’ favor by the imminent conquest of power by the aforementioned House of Orange. The Whig-aligned William and Mary reversed Lord Russell’s attainder in 1689 — but that’s never stood in the way of historians’ debates.

In a much lower historical register, Lord Russell’s execution was egregiously bungled by the London headsman Jack Ketch, who had to bash repeatedly at the man’s neck before he could remove it from the shoulders. It is largely from this event that Ketch derives his lasting reputation as an incompetent and/or sadistic butcher, mutually reinforcing with Russell’s martyr status.

Ketch would later claim in a published “Apologie” issued against “those grievous Obloquies and Invectives that have been thrown upon me for not Severing my Lords Head from his Body at one blow” that his prey

died with more Galantry than Discresion, and did not dispose him for receiving of the fatal Stroke in such a posture as was most suitable, for whereas he should have put his hands before his Breast, or else behind him, he spread them out before him, nor would he be persuaded to give any Signal or pull his Cap over his eyes, which might possibly be the Occasion that discovering the Blow, he somewhat heav’d his Body

and besides that Ketch “receav’d some Interruption just as I was taking Aim, and going to give the Blow.” How would you like it if someone came to your workplace and did that?

The damage to Ketch’s reputation was already done. Two years later, en route to the block for a subsequent failed bid to topple the Stuarts, the Duke of Monmouth tipped Ketch with the scornful charge not to “hack me as you did my Lord Russell.” When Ketch botched that execution too, he was nearly lynched — but escaped the scaffold to live on in Punch and Judy and in the English tongue as the definitive lowlife executioner.

* Short for “Whiggamores”, who were Covenanter rebels in the 1640s. “Tories”, by contrast, took their name from Irish Catholic outlaws: each party became known by the slur its foes attached to it.

** Yes, another one of those Howards: this Howard’s great-grandfather lost his head for the Ridolfi intrigue.

† Hampden survived the suppression of Whig intrigues long enough to coin the term “Glorious Revolution” when the Stuarts were finally overthrownJournal of British Studies, January 1985 for a skeptical-of-Russell reading of the evidence. “The government did not concoct the plot; it was frightened by the revelations, whatever use it made of them. There is no doubt that proposals for an insurrection of some kind were discussed; Russell’s impetuosity and extremism make it more likely than not that he was an active party to these discussions. What is in doubt, since nothing came of the discussions, is how far the parties had gone in developing a concrete plan for a rising.”

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1780: John Gamble, anti-Wilmot

On this date in 1780, three men were executed in London — John Gamble was hanged at Bethnal-Green, Samuel Solomons in Whitechapel, and James Jackson in the Old-Bailey — for that summer’s working-class Gordon Riots.

These three all died for pulling down houses during the riots. Our focus today is on Mr. Gamble, who helped haul down the house of Justice David Wilmot, Esq.

Crying “Let’s go to Justice Wilmot’s!” rioters on the east end of London that night of June 7 headed straight for the residence of their notorious foe, a magistrate who had made himself infamous in workers’ eyes by his zeal to bring working-class economic resistance to heel.

Gamble, a hard-drinking journeyman cabinet-maker, was among the pillagers, and by dint of recognition was designated to pay the penalty for it.

“There might be a thousand” people who mobbed the Wilmot house, one witness at Gamble’s trial estimated. “When I left the place they were pulling down the house. They had thrown down part of the lead, and were throwing down the rest.”

This one was among three witnesses who testified to seeing Gamble on the scene, hauling out wood for a merry bonfire and “chuck[ing] tiles off two or three times” from the roof.

The penniless artisan defended himself as well as he could, cross-examining witnesses in an attempt to show conflicting reports of his dress that night. He himself claimed to have simply been out for a walk while drunk. Evidently it made a favorable impression on many in the courtroom.

“The prisoner being but a lodger had no friend to appear for him, nor any counsel; he was too poor,” reported the Gazetteer and New Daily Advertiser (July 6, 1780). “It was hoped by many, as he was a very hard-working, ignorant man, that he would have been recommended to mercy, and several of the Jury were certainly for it, but others, with the Foreman, seemed to be of a different opinion.”

London authorities were all about making a point with these Gordon Riots cases, and Gamble’s execution was arranged on a “gallows at Bethnal-green … fixed immediately opposite to Justice Wilmot’s house.” That’s as per the General Evening Post, July 20, 1780 – July 22, 1780, which affords us this affecting description of the actual hanging:

the Ordinary got up into the cart, and prayed with him upwards of 20 minutes, in which he joined with the greatest devotion; he was then tied up, and his brother and another friend got up into the cart, and took an everlasting farewell, and kissing each other, they retired. Here the prisoner desired the Ordinary to pray some minutes longer with him, which he readily complied with; having finished, and gone to his coach, the executioner pulled his cap over his face, and at the request of the prisoner a handkerchief was tied over his cap. He put his hands together, and lifting them towards Heaven, cried out “Lord Jesus receive me,” when the cart drew away, and he was launched into eternity about half past eight o’clock, amidst a numerous crowd of spectators. After hanging upwards of an hour his body was cut down, and delivered for interment. The prisoner was about 36 years of age, a cabinet-maker, and has left a wife and three children. ‘Twas observed, that all the time he was under the gallows, he never but once turned his face towards Mr. Wilmot’s house. His time was taken up so much in prayer, that he made no speech to the populace of any kind.

Just as Gamble was turned off, two pick-pockets, dressed tolerably decent, were detected, and delivered over to the custody of the civil officers.

(After this ceremonial procession-to-hanging-site, the penal party returned to Newgate to repeat the same with Samuel Solomons, then returned to Newgate again to repeat it with James Jackson. Additional executions for other pullers-down of houses took place around London on both July 21 and July 22.)

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