The Resurrectionist of Ainleyville: Body Snatching in 19th Century Brussels

The Resurrectionist of Ainleyville: Body Snatching in 19th Century Brussels

Written by Sinead Cox, Curator of Engagement & Dialogue 

Panic in Ainleyville 

“AINLEYVILLE: EXCITING CHASE AFTER A RESURRECTIONIST,” reads an intriguing headline from the May 5, 1864 Huron Signal: “The Miscreant Overhauled and the ‘body’ captured!” After no doubt succeeding in capturing its reader’s full attention, the cheeky tale of the so-called ‘resurrectionist’ (grave robber) unfolds as follows: a group of young men raucously depart an Ainleyville tavern where they had been discussing current politics with whiskey and rye. Passing a burial ground, they spot a suspicious figure carrying a heavy sack, and quickly identify him as a scoundrel and “one of the bloody body snatchers!” The men proceed to pursue and tackle the suspected fiend, and wrestle the sack away from him:  

The bag was opened by excited fingers, and what was the sight that met the eyes stretched wide open to take in a horror? Not a mutilated, outraged human body, but a lot of most harmless looking bran, which the supposed resurrectionist had borrowed from a neighbor.  

The punchline of the piece is that the vindicated ‘resurrectionist’ promised his assailants not to tell anyone about this embarrassing encounter, “but he made no promise against writing.” (i) 

Whether or not this exact sequence of events ever happened, the newspaper’s uncredited account satirizes a perceived preoccupation with “body raising” that afflicted residents of Ainleyville in the spring of 1864: a scare that was not quite as outlandish as the Signal’s mockery may suggest. The story itself acknowledges that before their misadventure, the excitable young men were discussing, “the recent cases of body snatching…very naturally.”  Natural because, only a few months prior, a very real ‘body snatcher’ had admitted to illegally disinterring the remains of a young woman from the Methodist New Connexion Cemetery (today Brussels Cemetery).  

While the Huron Signal could merrily recount the apprehension of a bran resurrectionist, the same paper had gravely (no pun intended) condemned this actual incident as a “hideous offence.” (ii)  The alleged grave robber was 22-year-old Edward Hudson (also spelled Hotson), originally of Markham. (iii) Committed to the Huron Gaol on March 6, 1864, the registry described him as 5 ft 7 inches tall, with blue eyes and dark brown hair. This record mentions only the commonplace crime of “trespass,” but his given profession provides a motive for something more lurid: he was a medical student. 

The Progress of Science vs. the Sanctity of the Grave 

The Grand Jury at Edward Hudson’s eventual trial would be reminded of the seriousness of his offence, and that “it be might well be for the ‘progress of science,’ but that progress was not to be aided by sacrilege.” (iv) Grave-robbing (either by ‘resurrectionists’ for-hire or medical practitioners themselves) was a longstanding practice in medicine because of a seemingly unresolvable paradox: training doctors to save lives and advances in medical science both required human cadavers, but there was no adequate supply of consenting donors to bequeath those bodies. Prevailing social norms and tradition meant that most 19th-century Canadians (v) preferred prompt burial with religious rites. Two decades before Ainleyville’s body snatching scare, the controversial 1843 Anatomy Bill for the United Canadas set out to provide medical schools with legal cadavers. It allocated the remains of those who died “publicly exposed” or in public institutions like gaols or hospitals if they were not claimed by friends or family. (vi)  

Dr. William “Tiger” Dunlop, then Huron’s Member of the Legislative Assembly and himself a medical doctor, argued firmly in favour of the 1843 Bill against those who feared it would deny a ‘decent’ burial to vulnerable groups like new immigrants. He acknowledged that “there is a prejudice all over the world, a strong prejudice in favour of the sanctity of the grave…but he would not have it obstruct the acquisition of anatomical knowledge, for without it even a physician may do more harm than good.” During debates, he also raised the spectre of the notorious Burke & Hare case in Scotland, wherein the perpetrators had resorted to murder to supply valuable corpses. Dunlop viewed the matter pragmatically, arguing that since medical students would always need cadavers to learn, the graves of the poor would be pilfered regardless of any law. He owned that he himself had participated in grave-robbing excursions at least 70 times in the United Kingdom:  

A dissecting room was a dirty sight to a stranger, more so because [it] was not under legal protection. The work has to be done by stealth, in a hurry, and by night. [Dr. Dunlop] had carried bodies in baskets and [re]buried them in a ploughed field to escape detection. But place these [medical] schools under law, and these things will cease.  

Dr. Dunlop proclaimed he would not object to his own corpse being dissected after death (but any visitor to his tomb at Gairbraid north of Goderich will know this did not happen). (vii) 

The passing of the 1843 bill provided medical schools with cadavers in a manner that was conveniently out-of-sight and out-of-mind for those not facing extreme poverty, homelessness or institutionalization. Illegal exhumations persisted in the coming decades, however, confronting wider Canadian society with the fact that the essential paradox of societal needs versus norms had never actually been resolved.   

Men Pretending to be Doctors   

A new and developing settler community, Ainleyville, was still a relatively remote outpost in the 1860s, situated on the border of Morris and Grey Townships. Part of the amalgamated municipality of Huron East today, the village was not officially renamed Brussels until 1872 to align with its train station. A rural community located a great distance from any medical college would seem an unlikely place to encounter a black market for cadavers. When a grisly “trail of blood” leading from a Thornhill churchyard revealed the emptied grave of a man killed in a farm accident in 1861 for example, the York Herald confidently predicted that the culprits would be found in nearby Toronto. (viii) Referring to the 1864 case in Huron County, the Signal lamented that stealing bodies from their graves, “has been too much in vogue in large cities, but is now first heard of here.” (ix) 

Although there was no anatomy school in Huron County, the northeast part of the county had several medical men practicing at the time. Ainleyville’s Dr. Isaac J. Hawks was initially co-accused alongside Edward Hudson for the crime of “disinterring a dead body” in March, 1864, although he was not ultimately jailed. According to newspaper accounts, Hudson lived with Hawks at the time of the crime and worked in his drug store. (x) Remembered as Brussels’ first doctor, Dr. Hawks was also an enterprising businessman. In addition to his services as a physician and surgeon, the County employed him as coroner in the townships of Grey and Morris during the early 1860s, and he owned a general store in Bodmin. (xi) Both Edward Hudson “medical student” and Dr. Isaac J. Hawks, M.D. appear in the 1863/1864 County of Huron gazetteer as professionals in Ainleyville, implying that Hawks provided medical services with a license, and Hudson without. (xii)  

A so-called ‘indignation meeting’ at Ainleyville two years earlier had publicly exposed, though, that the credentials of many rural physicians with that reassuring “Dr.” prefix fell short of a completed university degree or medical license. Angry citizens had convened in 1862 after Dr.  A. Lenders had used his powers as coroner to delay a Morrisdale man’s funeral and burial. (xiii) Lenders insisted on holding an inquest, despite colleagues Dr. Hawks and Dr. Caw’s preceding assessment that it was a straightforward death from natural causes. The assembled residents suspected that Dr. Lenders had callously offended “the feelings of the bereaved” for a petty rivalry. The secretary for the meeting referred to Lenders as a “medical student” and concluded:   

The would be Dr. (Lenders) raised the whole excitement in the community because he wished to vent his spleen on the other two medical gentlemen, who unfortunately have no license, and the inconsistency of the thing is, he is said to have none himself…Men pretending to be Doctors have carried the thing too far in this part. We are daily trampled on by charlatans. There is a great need for reform…But we want no more quacks. (xiv)  

With the medical education of so many practitioners allegedly incomplete, it is not difficult to imagine that informal lessons in anatomy or surgery were taking place in Morris and Grey Townships, requiring the illicit purchase of cadavers.  The questionable legality of medical practice generally around Ainleyville in the 1860s certainly set the scene for the graverobbing scandal to come.   

The Queen Vs. Edward Hudson 

On the morning of March 3, 1864,  the body of Elizabeth Hislop Broadfoot was found to have been “partially exhumed.” (xv) It is unlikely there was any actual grave to rob dug in the frozen grounds of the New Connexion cemetery south of Ainleyville in early March. Cold weather could actually expedite a body snatcher’s work by better preserving remains and necessitating that they be stored in an above-ground mortuary until the spring thaw. Although the available details are few, reference to a partial exhumation suggests that some part of the remains or their coverings were discovered missing: perhaps either because of tampering onsite, or the body had been hastily re-interred after dissection.  

Elizabeth had died days before on Feb. 29—1864 being a leap year. Born in Scotland only 25 years earlier, she had emigrated with her family as a child and settled in Grey Township. She lived in a log home about two miles north of Walton with her father, John Hislop, before marrying “respectable” Morris farmer Robert Broadfoot in December, 1862. (xvi)  The same month as her tragically short life ended, she had given birth to her only son, John H. Broadfoot.  

Maternal mortality was not uncommon in the 19th century, and post-partum complications were very likely responsible for Elizabeth’s demise. During the period many devastating diseases also claimed the lives of young people in Huron County. Diphtheria, scarlet fever, typhoid and meningitis, among other outbreaks, could claim several members of the same family in a manner of days or even hours, necessitating hasty burials.  Perhaps any knowledge that Elizabeth had passed away from a post-partum infection or blood loss, rather than contagion, could have also factored into a grave robber’s choice.  

Whatever the circumstances of the young woman’s death, the illegal disinterment of her body would have shocked the community, the grieving Hislop and Broadfoot families most of all.  Elizabeth’s widower stood before the Justice of the Peace to accuse Dr. I. J. Hawks and Edward Hudson on March 5. Hawks was discharged when this local court failed to find sufficient evidence for the doctor’s involvement in the crime. The young medical student, however, was committed to the gaol at Goderich to await his trial at the higher Quarter Sessions court on March 10 and 11 

Contemporary community gossip in the vicinity of Ainleyville was no doubt consumed by this case. Most locals would have been connected to a victim or alleged perpetrator, as indicated by the more than dozen potential witnesses listed on court documents. Names included not only bereaved husband Robert Broadfoot and his father-in-law John Hislop, but multiple local doctors including Dr. D. B. McCool, Dr. Hawks and Dr. Lenders, and prominent citizens including merchant N. W. Livingston and a son of the village’s namesake Ainley family. (xvii) According to The Mitchell Advocate, a local tailor and a clerk in Livingston’s store were widely known to have assisted Hudson with the crime, but the 22-year-old medical student remained the only one facing legal consequences. (xviii)   

Hudson faced two separate indictments: one charge for the larceny of Elizabeth’s shroud and coffin, and another for disinterring a body. The Grand Jury at Goderich determined that there was no proof of larceny, and returned “no true bill” against the defendant. For the charge of body raising, Edward Hudson changed his plea to guilty and the jury did return a true bill. Whether he admitted guilt out of remorse or pragmatism, he was now a confessed and convicted resurrectionist.  The resulting sentence was “to be imprisoned for one month in the common Gaol and pay a fine of ten pounds, and remain in Gaol until the same be paid.” (xix) This penalty Hudson must have paid in full, as he walked free on April 13 

My Life with You did not Long Last 

Ainleyville’s  lingering fear of graverobbing seems to have escalated to something of a brief moral panic, as derided in the Huron Signal’s story about its citizens rescuing a snatched bag of bran. This hypervigilance was not gothic Victorian imaginations run amok, but precipitated by true events that had no doubt sincerely frightened people. The consensus of public opinion was that Hudson had not acted alone, and it is unlikely that he could have moved and dissected a body without help.  His shocking arrest would have prodded villagers to contemplate if more undetected disinterments had already taken place, and whether they were still in the company of those responsible. The scandal would have also further broken trust with the region’s dubious ‘doctors,’ if not professional medicine in general.  

More than a decade later, Brucefield would similarly face “considerable excitement” when the bones of a long-buried man were reported missing from Tuckersmith’s Friarton Brae cemetery in May,1878. (xx) This panic was short-lived. The man’s widow corrected the spread of false information in a correction to Clinton’s New Era newspaper months later: “the grave was not robbed, but had been disturbed by a horse tramping over it.” (xxi)   

After serving his time in gaol, Edward Hudson soon escaped ignominy in Canada West for the United States. Amidst the American Civil War, he enlisted in the U.S. Army at Detroit in September, 1864. Although his erstwhile colleague Dr. Isaac J. Hawks avoided criminal charges,  the accusations reportedly damaged the doctor’s reputation: “the prevailing opinion of the country is, that he was quite cognizant of the whole affair.” (xxii) Dr. Hawks was the most generous financial donor to the Ainleyville New Connexion Methodist church in 1865, but he seemingly disappeared from local prominence after the mid 1860s. (xxiii) After years of already working as physician and surgeon for the rural residents of Huron County, he finally acquired a license to practice medicine on Dec. 20, 1864. (xxiv)  

Widower Robert Broadfoot remarried and moved to western Canada and ultimately Kansas. John Hislop continued to occupy the family farm between Walton and Brussels until his own death in 1881, survived by several of his other children.  

Although there is little detail known about the short life of Elizabeth Broadfoot, her gravestone still stands in the Brussels Cemetery today as an enduring monument to how much her loved ones cared for her and deeply missed her when she died in the winter of 1864. Her son would sadly never have the chance to know his mother, but the inscription on Elizabeth’s stone includes a poem that made her love for him immortal: “Mourn not for me my life is past/my life with you not long did last/But mercy show and pity take/and love my infant for my sake.”  

Graverobbing as Gothic Tale 

Sensationalism, tragedy and even humour all co-exist in the history of grave robbing. In 1843, Tiger Dunlop garnered laughter on the floor of the Legislative Assembly when he joked about a false accusation of body snatching received in his Glasgow youth: the doctor was unable to disclose his alibi because he had actually been disinterring a corpse at a different churchyard. (xxv)  From the opposite side of the matter two decades later, Elizabeth Broadfoot’s family were rightfully horrified to discover that her body had been illicitly exhumed while they mourned.  Public reactions to the crime hint at broader societal discomforts. Laws regarding cadavers required that the most disadvantaged members of Canadian society provide their remains for the benefit of all: an uneasy peace for science versus the sacrosanct. Widely held concepts of “decent” burial discouraged willing donations of bodies.  Taboos therefore led to secretive, illegal—and consequently intriguingly lurid—practices. Suspicion of doctors as body snatchers fostered distrust against imperfect, evolving medicine as practiced by imperfect, questionably credentialed people. It is no wonder that the citizens of Ainleyville in 1864 were frightened and appalled, but perhaps also equal parts morbidly fascinated by the news of a resurrectionist in their midst.  

Reflecting on Canada’s grave-robbing past, Professor Royce McGillivray notes that contemporary accounts of these crimes served as horror stories that appealed to Victorian readers’ righteous moral outrage, but also simultaneously served as ghoulish entertainment. He argues that graverobbing would thus be remembered with a thrill in the next generation, “just as people delight in Gothic novels and vampire movies.” (xxvi) Both outrage and sensationalism can be recognized in local newspapers’ coverage of the Hudson case. And both impulses were skewered by the Huron Signal’s mocking tale about a bag of resurrected cereal, demonstrating a culture self-aware of its own obsessions, its “eyes stretched wide open to take in a horror.” In digging up this incident from 1864 (pun intended), I don’t claim any modern superiority in my motivations as a reader or storyteller, but a macabre lens on the past does not have to strip these tales of their humanity or their pathos. A bit of ghoulish fascination can be a light that guides us through the darker corners of history, and to better understand something of our attitudes and fixations surrounding death and dying today.

 

Further Reading
Sources
  • i“Ainleyville: Exciting Chase after a Resurrectionist,” The Huron Signal, 1864-05-05. Pg 2. Accessed via Huron County’s Digital newspapers.
  • ii The Huron Signal, 1864-03-10, pg 2.
  • iii He appears in the transcribed gaol records as “George.” All court and newspaper accounts refer to him as Edward. It is possible he gave a false name or this was an error. George coincidentally was his father’s name. It is unlikely (but not impossible) that this was simply a case of going by a second name, as the 1851 census also shows he had a brother named George. Hotson seems to be the more accurate spelling of his surname, but I have used the “Hudson” spelling to be consistent with Huron court records.
  • iv The Huron Signal, 1864-03-10, pg 2.
  • v At this time meaning residents of Canada East and Canada West.
  • vi The Provincial Statutes of Canada, passed in the year 1843,  Kingston: Stewart Derbishire & George Desbarats, 1843. 7 Victoria – Chapter 5 An Act to regulate and facilitate the study of Anatomy, 9th December, 1843.  Accessed via British North America Legislative Database; University of New Brunswick.
  • vii Canada. Parliament. Legislative Assembly. Debates of the Legislative Assembly of United Canada, 1841-1867, Volume 3, pg 464-467.
  • vii York Herald, 1861-12-20, pg 7. Accessed via Richmond Hill Public Library (Our Ontario).
  • ix The Huron Signal, 1864-03-10, pg 2.
  • x “Ainsleyville,” County of Perth Herald (Stratford), 1864-03-23, pg 3. Accessed via Stratford-Perth Archives.
  • xi  A bygone Morris Township village with a modest population of 50 in 1864.
  • xii County of Huron gazetteer and general business directory for 1863-4, Sutherland Bros Publishers & Printers: Ingersoll (Canada West), 1863, pg 107. Accessed via Canadiana. Appears as “Edward Hotson.”
  • xiii His name appears elsewhere as ‘Lander,’ but appears to be the same man working as doctor and coroner in vicinity of Ainleyville. Dr. Hawks’ name appears in records as ‘Hawkes’ also, and is sometime mis-transcribed as “J.J. Hawkes” instead of “I.J.”
  • xiv “Indignation Meeting,” The Semi-Weekly Signal, 1862-09-19, pg 4.
  • xv County of Perth Herald, 1864-03-23, pg 3.
  • xvi Ibid.
  • xvii Indictment: The Queen vs. Edward Hudson, Counties of Huron & Bruce, 1864, Box #49, Municipality Court Records 1864, Huron County Archives.
  • xviii County of Perth Herald, 1864-03-23, pg 3.
  • xix Proceedings of the Quarter Sessions including the Clerk’s transactions for the Huron County Quarter Sessions 1841-1873, Vol 30, pg 153, CA3ONHU3UOU1P76, Box 827, Huron County Archives.
  • xx“Grave Robbing,” Huron Expositor, 1878-05-17, pg 8.
  • xxi “Correction,” The Clinton New Era, 1878-09-05, pg 8.
  • xxii County of Perth Herald, 1864-03-23, pg 3.
  • xxiii Report of the Canadian Wesleyan Methodist New Connexion Missionary Society, auxiliary to the Methodist New Connection Missionary Society in England, Wesleyan New Connection Missionary Society: London, Canada West, 1865. Accessed via Canadiana.
  • xxiv Licenses, Upper and Lower Canada, Canada East and Canada West and Ontario, 1817-1867 – 3947 C-3947, Library and Archives Canada / Bibliothèque et Archives Canada. Accessed via Canadiana.
  • xxv Debates of the Legislative Assembly of United Canada, 1841-1867, Volume 3, pg 464.
  • xxvi Royce McGillivray, “Body Snatching in Ontario,” Canadian Bulletin of Medical History Volume 5, Number 1, 1988, pg 58.

 

 

Huron Historic Gaol Pop-up Boo-tique

Huron Historic Gaol Pop-up Boo-tique

Celebrate the magical season by dropping into the Huron Historic Gaol on Saturday, Oct. 25, for our second annual Pop-up Boo-tique featuring local vendors selling mystical merch and services including astrology and tarot card readings. Access is included with regular admission or FREE with a Museum membership or Huron County Library card.
We are thrilled to welcome the following vendors:
  • Indigo Soul Cat from Wonky Frog Studio
  • Through the Veil
  • Crystal Eden
  • JMR Collections
  • Kelly Stevenson
  • The Crows Key
  • Penelope’s Glow
Please note: The Huron County Museum is not responsible for the results of astrology or tarot card readings provided as part of the Gaol Pop-Up Boo-tique program.
Huron Historic Gaol Ghost Tours

Huron Historic Gaol Ghost Tours

Is this place haunted? Decide for yourself! This is a rare chance to visit the Huron Historic Gaol after dark!

Two tours every Friday night through October, 6:45-8:15 p.m. or 8:30-10 p.m.

This guided tour shines a flashlight into the dark corners of local history. Staff share the true stories of the prisoners and staff who died inside the gaol’s walls, as well as the circumstances that landed criminals, vagrants and ‘lunatics’ behind bars. Hear about local true crime and alleged ghost encounters, and what happened to inmates after death. Includes free exploration at the end of your tour and the opportunity to use the gaol’s spirit board. Explore over 180 years of Huron County history through the tragic and sometimes strange tales of the men, women and children who lived and died at this national historic site.

Spots on these guided tours are very limited because of space restrictions! Recommended for ages 12 and up at parents’ discretion. Subject matter may not be appropriate for all ages. Please note that upper levels of the gaol and attached Governor’s House require stairs and there is no elevator on site. Requires standing, as spaces are confined and places to sit at the gaol are limited. Guests are asked to dress for the weather, as the tour includes outside yards.

Tickets*:

  • $11 + HST
  • Discounted $7 + HST available for students and members

*This is a special event outside of regular hours or daytime admission rates. Admission with a Huron County Library card does not apply. If purchasing a discounted student or Museum Member ticket, please be prepared to show your student card or membership card on entry.

Huron Historic Gaol Ghost Tours

Huron Historic Gaol Ghost Tours

Is this place haunted? Decide for yourself! This is a rare chance to visit the Huron Historic Gaol after dark!

Two tours every Friday night through October, 6:45-8:15 p.m. or 8:30-10 p.m.

This guided tour shines a flashlight into the dark corners of local history. Staff share the true stories of the prisoners and staff who died inside the gaol’s walls, as well as the circumstances that landed criminals, vagrants and ‘lunatics’ behind bars. Hear about local true crime and alleged ghost encounters, and what happened to inmates after death. Includes free exploration at the end of your tour and the opportunity to use the gaol’s spirit board. Explore over 180 years of Huron County history through the tragic and sometimes strange tales of the men, women and children who lived and died at this national historic site.

Spots on these guided tours are very limited because of space restrictions! Recommended for ages 12 and up at parents’ discretion. Subject matter may not be appropriate for all ages. Please note that upper levels of the gaol and attached Governor’s House require stairs and there is no elevator on site. Requires standing, as spaces are confined and places to sit at the gaol are limited. Guests are asked to dress for the weather, as the tour includes outside yards.

Tickets*:

  • $11 + HST
  • Discounted $7 + HST available for students and members

*This is a special event outside of regular hours or daytime admission rates. Admission with a Huron County Library card does not apply. If purchasing a discounted student or Museum Member ticket, please be prepared to show your student card or membership card on entry.

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.