Researching Canada’s ‘Last Public Hanging’

Researching Canada’s ‘Last Public Hanging’

The following blog posts were originally published by Carling Marshall-Luymes on her personal blog while she was an intern for the Huron County Museum & Huron Historic Gaol in 2007. You can see the exhibit on the history of capital punishment on permanent display in Cell Block 1 when you visit the Huron Historic Gaol today.

The Executioner

I’ve begun my internship at the Huron County Museum and Historic Gaol and I’m currently researching public hangings in (Upper and Lower) Canada for an upcoming exhibit. Three men were hanged at the Gaol in Goderich (1861, 1861 and 1911), all for murder; the first two were public hangings. I’ve set out to answer, among other things, why people were hanged, why such large crowds of spectators came out to watch hangings and why public hangings. These began as easy questions, to which I expected to find straight forward answers, but their answers are proving less simple than I had anticipated and I intend to shift the nature of my blog by writing about my research.

I work where Steven Truscott was incarcerated at age 14 during his 1959 trial for the rape and murder of schoolmate, 12 year old Lynne Harper, and became the youngest Canadian sentenced to death before his sentence was commuted to life imprisonment. Thinking about Steven Truscott everyday and seeing the emotional response visitors have to his case, my assumption was that capital punishment (both public and behind prison walls) was abolished on the basis of humanity towards the convicted; but my research as opened my eyes to a lot of arguments for the abolishment of capital punishment.

John Radclive, Canada’s first professional hangman was appointed in 1892 after carrying out several successful hangings for various Ontario sheriffs. Most career hangmen were destroyed by their profession and Radclive was no exception. During his career Radclive began a ritual of finishing a full bottle of brandy after each execution; he drank excessively both before and after hangings. In a Star interview in Dec. 1906, Radclive spoke of himself: “I am a sick man, too sick to talk,” he said. “I have been sick a long time, very sick.” He died in February 1911, at 55, of cirrhosis of the liver at home in Toronto.

There seems to be some similarity between Radclive and the hangman hired by the Huron District gaol governor {William] Robertson [in 1861] – alcoholism. In a telegram discussing the hangman’s journey from Toronto to Goderich, Robertson is warned that the hangman is an unreliable drunkard, and a turn-key is thus being sent with him.

In an interview with psychologist Rachel MacNair, Radclive described his internal torment:
“Now at night when I lie down,” he said, “I start up with a roar as victim after victim comes up before me. I can see them on the trap, waiting a second before they meet their Maker. They haunt me and taunt me until I am nearly crazy with an unearthly fear.”

Public attitudes towards the hangman must have furthered his torment. In 1900 the Star wrote of Radclive: “If he were a man of delicate sensibilities he would not be the hangman. He is a necessity in our system, but he should be treated as if he is the hole in the floor of the gallows.” At the same time, a 1910 Globe editorial wrote on the role of the hangman: “It is an unpleasant subject, but it is a public question, and it is a public function for which all are reposnsible.” At a time when the population supported capital punishment I find it ironic that the they were so repulsed by the man carrying out their will. Countless people have to be involved in an execution by the state, directly or indirectly and in addition to the hangman, and I’ve realized the significance of acknowledging the psychological stress on these men and women as part of the case against capital punishment.

– – – – – – – – – – – – – – — – – – — – – – – – – – — – – – – – – – – – – – –

The agony of the executioner; How a Parkdale man became our first official hangman and was destroyed by it. By Patrick Cain; [ONT Edition]
PATRICK CAIN Patrick Cain. Toronto Star. Toronto, Ont.: May 20, 2007. pg. D.4

Capital Punishment in Canada. Department of Justice http://www.justice.gc.ca/en/news/fs/2003/doc_30896.html

Canada's Last Public Hanging?

Where was Canada’s last public hanging? This is a question I’ve been trying to answer for our upcoming exhibit; but the answer has proven less straight forward than I anticipated. Yesterday, I was excited to find an An Order-in-Council, signed by John A MacDonald legislating the end of public hangings in Canada. Though hangings continued behind prison walls until 1962, was Canada’s last public hanging at our Huron County Gaol?

The hanging of Patrick Whelan at the Carleton County Jail on February 11 1869 for the assassination of MP and Father of Confederation D’Arcy McGee [left] is mistakenly claimed to be the last public hanging in Canada. Ten months later, on December 7, 1869, Nicholas Melady was hanged in Goderich at the Huron District Gaol for the murder of his father and step-mother. A recently published book detailing the crime and hanging, by Melady’s descendant John Melady, is titled Double Trap: Canada’s Last Public Hanging.

However – in 1869, Canada only included the provinces of Ontario, Quebec, Nova Scotia and New Brunswick. Hangings continued in public in areas that had not yet entered Confederation, such as the prairie provinces and BC.

While hangings were performed behind prison walls, the public was often still able to watch.

  • The Sheriff could and often did invite interested spectators and newspaper reporters.
  • Spectators were known to climb any nearby structure that would allow them to see into the yard. At the Montreal execution of Timothy Candy in 1910, dozens of people viewed the hanging from the roofs of adjoining houses. In this photo of the 1904 execution of Stanislau Lacroix in Hull, you can see the crowds on the nearby rooftops and telephone poles.
  • Crowds of excited spectators were hard to stop. In March 1899, 2,000 uninvited guests stormed a Montreal gaol to witness a hanging, joining the 200 witnesses already inside the prison yard.
  • The law was not always followed.
  • The hanging scaffold was sometimes built taller than the prison walls to allow for public viewing.

An elderly museum patron noted several years earlier that he recalls watching gallows being built in public in Hamilton while riding the streetcar. Was this a case where the gallows were built higher than the prison walls to allow curious spectators a view? or was the law simply ignored? I’m not sure I can claim for certain that the hanging of Melady in Dec. 1869 was the last public hanging even in the provinces within Confederation at the time.

Legislating the End to Public Hanging...A Clarification

A clarification on the legislation abolishing public hanging in Canada… I initially made the same error that John Melady makes in Double Trap and attributed the move of hangings behind prison walls to Order-in-Council 1021. Upon a careful reading of the Order-In-Council, which, after I came to understand the nature of Orders-In-Council more clearly, was in accordance with an act of Parliament, “Act 32-33 Victoria c. 29,” I realized that the Order-In-Council was only supplementing the legislation by creating additional rules and regulations related to hanging, including:

  • Executions were to be carried out within the walls oft he prison in which the offender was confined at the time of execution
  • Executions should take place at 8 am
  • Hanging should continue to be the mode of execution
  • A black flag was to be raised after an execution and remain up for one hour
  • The prison bell (or the bell of a neighbouring church) was to ring for 15 minutes before and 15 minutes after an execution

After receiving a copy of “Act 32-33 Victoria c. 29” from the Library of Parliament it’s clear that Section 109 of the Act, which went into effect 1 January 1870, is actually the legislation ending public hanging, declaring:

“Judgment of death to be executed on any prisoner after the coming into force of this Act, shall be carried into effect within the walls of the prison in which the offender is confined at the time of execution.”

Why did Canada abolish public hanging?

Between the years of 1850 and 1870, public executions ended in countries such as the German states, the Netherlands, Austria, and Spain, as well as England and Canada.

The end of public hangings in Canada under Act 32-33 Victoria chapter 29 brought relief to the general public but I was surprised to find that this was not because they disagreed with the death penalty (though some did), but largely because of the crowds that came to watch the executions.

People argued that public hangings should end for many reasons, and the ‘hanging crowd’ was a significant reason. People complained about rowdy crowds that showed up to watch hangings. When public hangings ended in England, the Times of London reported:

We shall not in the future have to read how, the night before the execution, thousands of the worst characters in England, abandoned women and brutal men, met beneath the gallows to pass the night in drinking in buffoonery, in ruffianly swagger and obscene jest.

Many polite Victorians felt that ending public hangings would advance civilization and they themselves felt uncomfortable watching hangings; at the same time they found the rowdy crowds’ fascination with death, obscene language and gestures, and disrespect for authority embarrassing.

Many also felt that death wasn’t solemn enough: the carnival-like atmosphere among the crowds that watched the executions prevented people from being deterred to commit crimes. It was also argued that by watching hangings, people were familiar with death and would no longer value human life or feel compassion towards others.

What I was most surprised to find that was by ending public hangings, the perpetuation of the death penalty was actually ensured. If people did not have to deal with the crowd, they would no longer have a reason to protest hangings. By making the hangings private, the death penalty could continue.

Capital punishment: Huron County opinion in 1869

Jesse Imeson was formally charged yesterday at the Goderich courthouse, about a two blocks away from where I was working at the Historic Gaol. By my lunch break, which I took at a shady picnic table on the courthouse grounds, the media circus had died down. Later, listening to the news, I was surprised to hear not that a crowd had gathered that morning by the courthouse, but that they had shouted at him and called out to reinstate the death penalty.

While researching the exhibit on public hanging, I was curious about what Huron County residents felt about the death penalty then, and I was surprised by a 11 Dec 1869 editorial in the Seaforth Expositor we had in our archives. The editor argued that public execution wasn’t an effective deterrent against crime, and crude and rowdy crowds had become hardened by watching public executions.

On the Melady hanging, he wrote:

We hope in the name of God – in the name of humanity – that capital punishment may soon be abolished in this ‘our Canada,’ and placed where it ought to be, with the grim relics of barbarous times.

I was hoping for a variety of letters to the editor in response, but as they were uncommon in this paper at the time, there was only one that seems to favour the death penalty:

The man that violates the law is a criminal, and is a scoundrel of whom we should get rid of in the most available way.

Semi-public? - The Hoag Hanging, Walkerton - 1868

As legislation mandating that executions move behind gaol walls came into effect 1 January 1870, I was researching under the assumption that most hangings before this date were outside gaol walls. I was interested to find The Globe article describing the 1868 hanging of John Hoag at the Walkerton gaol (Bruce County had only recently separated from Huron County, therefore this execution wasn’t in Goderich), where the scaffold seems to have been built higher than the walls, but not allowing to see the convicted after he had dropped:

The Sheriff then examined the fatal apparatus; the masked executioner did his work; and the body dropped within the gaol wall, depriving the gaping and motley crowd, some of them women with children in their arms, of the awful spectacle of the body quivering on the rope for a few minutes, perhaps five or six. A number of people were inside the wall and saw the whole [The Globe, 16 December 1868].

At this point I was concerned that perhaps the Melady hanging at our Huron County gaol may have also only been ‘semi-public’ and maybe not the last officially public hanging. I was found The Globe article on the Melady hanging [though blurry to read], which states that Melady was taken from ” the northern exit of the prison, ascended a temporary staircase, and took his position on the scaffold, which was on a level with the prison wall” and suggests that the hanging was entirely public.

However, there is always the possibility that though Melady ascended the stairs to the gallows publicly, because the scaffold was level with the prison wall, the trap could have been on the opposite side of the wall, and he could have dropped out of public view. It seems unlikely however that, as I mentioned in a previous post, both the Seaforth Expositor and The Globe would have made reference to it as the last public hanging if it was only ‘semi-public’ like the Hoag hanging.

I Know Where the Bodies are Buried: Deaths at the Huron Jail

I Know Where the Bodies are Buried: Deaths at the Huron Jail

“Is this place haunted?”: it’s one of the most common questions fielded by front desk staff at the Huron Historic Gaol. I’ve never set eyes on a ghost myself, but at least fifty-eight prisoners at the Huron Gaol died during their imprisonment. The jail’s four-cell-block design was intended for short stays—prisoners with multi-year sentences received transfers to larger institutions like Kingston Penitentiary—but for some Huron County inmates, theirs was indeed a death sentence in practice. Whether or not prisoners choose to revisit the grounds as ghosts, the recently launched online repository of Huron County newspapers has made it a little easier to research and shed light on their lives and deaths inside the Huron jail.

Edward Jardine-Hanging

The Signal, 1911-6-15, pg 1

Infamously, three men—all under the age of thirty—hanged for murder at the Huron jail in Goderich: William Mahon in 1861, Nicholas Melady in 1869 (Canada’s final public hanging) and Edward Jardine in 1911. Although these are perhaps the best remembered demises at the jail, executions were rare and not representative of the fifty-eight known inmate deaths that took place here before 1913, the vast majority of which were the result of natural causes like old age and disease. The average age of deceased prisoners was sixty-three. The oldest inmate to die in the jail with a recorded age—often merely an estimate by the gaoler or gaol surgeon—was approximately ninety; the youngest fatality was a two-month old infant named Robert Vanhorn who had been committed with his young, unmarried mother in 1879.

List of Crimes

The Signal, 1884-2-29, pg 2

Most of the inmates who died in the jail were in fact not criminals at all, but elderly persons committed as ‘vagrants’ because they were homeless, or too frail and sick to provide for themselves.  Some were itinerants, but many were long-term Huron County residents without friends and family able to support them in their old age. Unmarried, widowed or childless labourers and domestics were especially vulnerable, as well as early settlers whose closest relatives still remained in the old country. When Seaforth servant Margaret Ainley died in the jail of typhoid fever in 1883, The Huron Signal reported that “her relatives live in England.” Eighty-one-year-old Matthew Shepherd, a native of Scotland and a veteran non-commissioned officer of Her Majesty’s 93rd Foot, had seen service in the West Indies as well as British North America; the veteran soldier was a resident of Ashfield Township for three decades when he died in jail, but “had no direct relatives in this country” according to a June, 1891 obituary in The Signal. Both Ainley and Shepherd’s committals had been for vagrancy.

Other prisoners suffered from mental illness, dementia or serious health problems that their families could not cope with. Seventeen-year-old Patrick Kelleher, for example, had exhibited symptoms of mental illness or developmental issues since his childhood. His parents were newly arrived Irish emigrants in the summer of 1883, when the strain of caring for him evidently became too difficult and he was committed to the Huron jail for insanity. Patrick died there of a seizure in January, 1884 while still awaiting transfer to the Provincial Asylum.

Old Woman

The Exeter Times, 1875-12-30, pg 1

Without a safety net of organized social services, responsibility for Ontario’s rural poor fell to local municipalities in the nineteenth century. Sometimes the needy received assistance in their own communities and homes, but the gaol was one of the earliest municipal buildings with a full-time staff, and provided a convenient location for local governments to clothe, feed and supervise these ‘wards of the county.’

Starting in the late 1870s, Joseph “Big Joe” Williamson faced repeated committals to the Huron jail for vagrancy-a common pattern for homeless prisoners who had nowhere to go when their sentences ended. A Huron Tract ‘pioneer,’ seventy-four-year-old Williamson was a former contractor and once-prominent figure in local politics—so gifted at storytelling that he was called ‘Huron’s bard’. He petitioned County Council’s gaol & courthouse committee to transfer him to a hospital in December, 1883. The committee subsequently recommended that he be removed to the Middlesex County Poor House, but instead “Big Joe” died of heart disease at the Huron Jail on January 14th, 1884. The Huron Signal’s obituary deemed Williamson’s fate a “misspent life…after a tendency to drink and a liking for conviviality brought him down to penury.”

paupers die off

The Huron Signal, 1884-3-21, pg 4

In the absence of a House of Refuge in Huron County, the jail became a de facto poorhouse, hospital, lying-in-hospital for unwed mothers and long-term care home.  The jail staff*—consisting in the nineteenth-century of the gaoler, the matron (his wife or eldest daughter), the turnkey, gaol surgeon, and any servants or family members who lived on site—provided frontline care to the old and sick in addition to their duties of managing the gaol and guarding actual criminals. In 1884, when William Burgess, an inmate from Brussels with cancer in his leg, lay slowly dying in his jail cell, Jailor William Dickson and turnkey Robert Henderson took turns keeping a nightly vigil on the ward he occupied with another sick inmate. This cell-mate, Johnny Moosehead, had actually helped to nurse Burgess himself before he became too ill with erysipelas. Fellow inmates quite often helped the gaol staff provide the constant care needed for elderly or dying prisoners. In the case of George Whittaker, a seventy-year-old Brussels ‘lunatic’ who died in July 1881 of self-inflicted injuries, the gaoler also charged the man’s ward-mates to help provide vigilance against self-harm—unfortunately to little avail.

A formal coroner’s inquest with a jury of prisoners and citizens was mandatory for every inmate death.  After the death of ninety-year-old ‘indigent’ Hugh Hall in April 1887, friends of his from the Clinton area sent a hearse to Goderich to claim the body for a proper funeral, but a holiday delayed the inquest and the hearse had to return to Clinton empty until the coroner and jury could be assembled. The ‘usual verdict’ of these inquests was ‘natural causes’; over a dozen inmates had their cause of death simply recorded as some variation of ‘old age’ or ‘senile decay’. Testimony at these inquests, however, afforded the gaol staff, including the gaoler, matron and gaol surgeon, an opportunity to decry the gaol’s tragic inadequacy as a home for the insane or terminally ill.

John Morrow

The Signal, 1891-10-16, pg 1

Mary BradyJohn McCann

The plight of the jail’s long-term residents did not go completely unnoticed or forgotten by the rest of the county, as gaol staff, inquest juries, newspaper editors, and successive jail and courthouse committees demanded better care for Huron’s poor. Public reports of the Gaol and Court House Committee had recommended transferring both Matthew Shepherd and William Burgess to a poor house before their deaths. An 1884 editorial in the Huron Signal called for County Council to be ‘indicted for murder’ for neglecting to build a House of Refuge to shelter the poor in Huron County after decades of discussion. In October, 1891 the same newspaper ran an exposé on the lives of the old and sick inside the jail, describing the circumstances of each individual inmate, and lamenting the injustice that these individuals would soon perish in jail. For at least three of the prisoners profiled in that piece, this sad prophecy swiftly came to pass: octogenarian Mary Brady would die after being bedridden with a broken arm only a few months later, the blind and ill John McCann would pass away in less than a year, and John Morrow—committed 25 times for vagrancy before his death—died of heart failure exacerbated by choking in 1893.

The Signal article pronounced that the vagrants of the Huron County Jail were doomed to a ‘criminal’s funeral’-but what this entailed varied case by case. Although their fates may have been sadly predictable, the final resting place of the jail’s dead is sometimes unclear. Some, like Hugh Hall, had friends, neighbours, clubs or family members who claimed their loved ones’ bodies and paid funeral expenses; this appears to be the case for all three executed men. Despite reported rumours that victim Lizzie Anderson’s mother had asked for his body to inter beside her daughter’s, hanged murderer Edward Jardine, for example, received burial at Colborne Cemetery per his request. If no claimants came forward for a deceased ‘vagrant’, however, interment became more uncertain. The Exeter Times reported at least one prisoner, James Stinson of Hay Township, as being buried in a ‘Potter’s field’ in 1878-referring to an unmarked grave or ‘pauper’ section of a cemetery.

Inspector of Anatomy

The Huron Signal, 1887-06-03, pg 4

By the 1880s regional Anatomy Inspectors were responsible for ensuring that unclaimed bodies were not buried at all, but instead sent to medical colleges for dissection and research. In 1895, Colborne Township’s Elizabeth Sheppard perished at the jail of ‘senile decay’; according to the Wingham Times, Goderich undertaker and county Anatomy Inspector William Brophey was preparing Sheppard’s body for conveyance “to Toronto for some use in the colleges,” when at the last moment a brother materialised to retrieve her for burial in Goderich.

The Exeter Advocate, 1894-06-07, pg 8

The Exeter Advocate, 1894-06-07, pg 8

Instances of cadavers from the Huron County Jail successfully reaching Toronto medical students are unconfirmed***, but this would have followed the law. Huron County finally successfully constructed a House of Refuge in Tuckersmith Township in the 1890s, which has since evolved into the Huronview home for the aged. Today there is a monument to the residents buried there, but at the turn-of-the-century these interments at the House’s farm property were actually in conflict with legislation. By 1903, Keeper Daniel French had to be publicly reminded of the laws respecting the disposal of bodies at government institutions—all cadavers were supposed to be transferred to the regional Inspector of Anatomy within twenty-four hours if no ‘bona fide friends’ appeared to claim a corpse. French was liable for a $20 fine, but the current Huron County Warden advised him to continue burials. Local jailers, however, may have been more law-abiding.

Knowing that most deaths at the Huron Historic Gaol were due to long and lonely incarcerations caused by old age and infirmity, it’s hard to imagine many of these men and women returning to haunt the narrow corridors.  They served virtual life sentences as an unfortunate consequence of poverty and isolation, and any added time in the afterlife seems undeserved. I don’t know if you can find the ghosts of the likes of Mary Brady or William Burgess stalking the courtyards after dark, but the reports of inmate interments we do have indicate that you can find the jail’s dead in cemeteries across Huron County, including those located in Hensall, Clinton, Seaforth, Brucefield, St. Columban, Goderich, Blyth, Dungannon, and Colborne. At the very least, the jail provides another place to remember and reflect upon the lives of the others, whose graves are unmarked and unknown.

 

*Living onsite meant that gaoler, matron and family members also sometimes breathed their last on site, including former matron Ann Robertson, Gaoler Edward Campaigne, and two young daughters of Jailer Joseph Griffin

***Since this post was published, further research using The Brussels Post newspapers has confirmed that at least two Huron inmates were sent to medical colleges for study: Mary Brady and William Shaw. Shaw’s son had requested that his father be buried in Howick Township, but couldn’t provide the funds himself.

 

Research for this blog post used historical newspapers made available via Huron County’s Newspaper Digitization project, as well as the gaol registry 1841-1911 and transcribed coroner’s reports available at the Huron County Archives Reading Room, Huron County Museum.

Start searching through online historical newspapers today to learn more secrets of Huron’s past!