Rightly or wrongly, during the last twenty or thirty years a strong feeling has grown up in the public mind against the principle, and a still stronger feeling against the practice, of capital punishments. Many people who will admit that the execution of the murderer may be, abstractly considered, just enough, sincerely doubt whether such execution be expedient, and are in their own minds perfectly certain that it cannot fail to demoralise the spectators. In consequence of this, executions have become rare; and it is quite clear that many scoundrels, well worthy of the noose, contrive to escape it. When, on the occasion of a wretch being turned off, the spectators are few, it is remarked by the newspapers that the mob is beginning to lose its proverbial cruelty, and to be stirred by humane pulses; when they are numerous, and especially when girls and women form a majority, the circumstance is noticed and deplored. It is plain enough that, if the newspaper considered such an exhibition beneficial, it would not lament over a few thousand eager witnesses: if the sermon be edifying, you cannot have too large a congregation; if you teach a moral lesson in a grand, impressive way, it is difficult to see how you can have too many pupils. Of course, neither the justice nor the expediency of capital punishments falls to be discussed here. This, however, may be said, that the popular feeling against them may not be so admirable a proof of enlightenment as many believe. It is true that the spectacle is painful, horrible; but in pain and horror there is often hidden a certain salutariness, and the repulsion of which we are conscious is as likely to arise from debilitation of public nerve, as from a higher reach of public feeling. To my own thinking, it is out of this pain and hatefulness that an execution becomes invested with an ideal grandeur. It is sheer horror to all concerned—sheriffs, halbertmen, chaplain, spectators, Jack Ketch, and culprit; but out of all this, and towering behind the vulgar and hideous accessories of the scaffold, gleams the majesty of implacable law. When every other fine morning a dozen cut-purses were hanged at Tyburn, and when such sights did not run very strongly against the popular current, the spectacle was vulgar, and could be of use only to the possible cut-purses congregated around the foot of the scaffold. Now, when the law has become so far merciful; when the punishment of death is reserved for the murderer; when he can be condemned only on the clearest evidence; when, as the days draw slowly on to doom, the frightful event impending over one stricken wretch throws its shadow over the heart of every man, woman, and child in the great city; and when the official persons whose duty it is to see the letter of the law carried out perform that duty at the expense of personal pain,—a public execution is not vulgar, it becomes positively sublime. It is dreadful, of course; but its dreadfulness melts into pure awfulness. The attention is taken off the criminal, and is lost in a sense of the grandeur of justice; and the spectator who beholds an execution, solely as it appears to the eye, without recognition of the idea which towers behind it, must be a very unspiritual and unimaginative spectator indeed.
It is taken for granted that the spectators of public executions—the artisans and country people who take up their stations overnight as close to the barriers as possible, and the wealthier classes who occupy hired windows and employ opera-glasses—are merely drawn together by a morbid relish for horrible sights. He is a bold man who will stand forward as the advocate of such persons—so completely is the popular mind made up as to their tastes and motives. It is not disputed that the large body of the mob, and of the occupants at windows, have been drawn together by an appetite for excitement; but it is quite possible that many come there from an impulse altogether different. Just consider the nature of the expected sight,—a man in tolerable health probably, in possession of all his faculties, perfectly able to realise his position, conscious that for him this world and the next are so near that only a few seconds divide them—such a man stands in the seeing of several thousand eyes. He is so peculiarly circumstanced, so utterly lonely,—hearing the tolling of his own death-bell, yet living, wearing the mourning clothes for his own funeral,—that he holds the multitude together by a shuddering fascination. The sight is a peculiar one, you must admit, and every peculiarity has its attractions. Your volcano is more attractive than your ordinary mountain. Then consider the unappeasable curiosity as to death which haunts every human being, and how pathetic that curiosity is, in so far as it suggests our own ignorance and helplessness, and we see at once that people may flock to public executions for other purposes than the gratification of morbid tastes: that they would pluck if they could some little knowledge of what death is; that imaginatively they attempt to reach to it, to touch and handle it through an experience which is not their own. It is some obscure desire of this kind, a movement of curiosity not altogether ignoble, but in some degree pathetic; some rude attempt of the imagination to wrest from the death of the criminal information as to the great secret in which each is profoundly interested, which draws around the scaffold people from the country harvest-fields, and from the streets and alleys of the town. Nothing interests men so much as death. Age cannot wither it, nor custom stale it. “A greater crowd would come to see me hanged,” Cromwell is reported to have said when the populace came forth on a public occasion. The Lord Protector was right in a sense of which, perhaps, at the moment he was not aware. Death is greater than official position. When a man has to die, he may safely dispense with stars and ribbands. He is invested with a greater dignity than is held in the gift of kings. A greater crowd would have gathered to see Cromwell hanged, but the compliment would have been paid to death rather than to Cromwell. Never were the motions of Charles I. so scrutinised as when he stood for a few moments on the scaffold that winter morning at Whitehall. King Louis was no great orator usually, but when on the 2d January, 1793, he attempted to speak a few words in the Place De la Revolution, it was found necessary to drown his voice in a harsh roll of soldiers’ drums. Not without a meaning do people come forth to see men die. We stand in the valley, they on the hill-top, and on their faces strikes the light of the other world, and from some sign or signal of theirs we attempt to discover or extract a hint of what it is all like.
To be publicly put to death, for whatever reason, must ever be a serious matter. It is always bitter, but there are degrees in its bitterness. It is easy to die like Stephen with an opened heaven above you, crowded with angel faces. It is easy to die like Balmerino with a chivalrous sigh for the White Rose, and an audible “God bless King James.” Such men die for a cause in which they glory, and are supported thereby; they are conducted to the portals of the next world by the angels, Faith, Pity, Admiration. But it is not easy to die in expiation of a crime like murder, which engirdles you with trembling and horror even in the loneliest places, which cuts you off from the sympathies of your kind, which reduces the universe to two elements—a sense of personal identity, and a memory of guilt. In so dying, there must be inconceivable bitterness; a man can have no other support than what strength he may pluck from despair, or from the iron with which nature may have originally braced heart and nerve. Yet, taken as a whole, criminals on the scaffold comport themselves creditably. They look Death in the face when he wears his cruelest aspect, and if they flinch somewhat, they can at least bear to look. I believe that, for the criminal, execution within the prison walls, with no witnesses save some half-dozen official persons, would be infinitely more terrible than execution in the presence of a curious, glaring mob. The daylight and the publicity are alien elements, which wean the man a little from himself. He steadies his dizzy brain on the crowd beneath and around him. He has his last part to play, and his manhood rallies to play it well. Nay, so subtly is vanity intertwined with our motives, the noblest and the most ignoble, that I can fancy a poor wretch with the noose dangling at his ear, and with barely five minutes to live, soothed somewhat with the idea that his firmness and composure will earn him the approbation, perhaps the pity, of the spectators. He would take with him, if he could, the good opinion of his fellows. This composure of criminals puzzles one. Have they looked at death so long and closely, that familiarity has robbed it of terror? Has life treated them so harshly, that they are tolerably well pleased to be quit of it on any terms? Or is the whole thing mere blind stupor and delirium, in which thought is paralysed, and the man an automaton? Speculation is useless. The fact remains that criminals for the most part die well and bravely. It is said that the championship of England was to be decided at some little distance from London on the morning of the day on which Thurtell was executed, and that, when he came out on the scaffold, he inquired privily of the executioner if the result had yet become known. Jack Ketch was not aware, and Thurtell expressed his regret that the ceremony in which he was chief actor should take place so inconveniently early in the day. Think of a poor Thurtell forced to take his long journey an hour, perhaps, before the arrival of intelligence so important!
More than twenty years ago I saw two men executed, and the impression then made remains fresh to this day. For this there were many reasons. The deed for which the men suffered created an immense sensation. They were hanged on the spot where the murder was committed—on a rising ground, some four miles north-east of the city; and as an attempt at rescue was apprehended, there was a considerable display of military force on the occasion. And when, in the dead silence of thousands, the criminals stood beneath the halters, an incident occurred, quite natural and slight in itself, but when taken in connection with the business then proceeding, so unutterably tragic, so overwhelming in its pathetic suggestion of contrast, that the feeling of it has never departed, and never will. At the time, too, I speak of, I was very young; the world was like a die newly cut, whose every impression is fresh and vivid.
While the railway which connects two northern capitals was being built, two brothers from Ireland, named Doolan, were engaged upon it in the capacity of navvies. For some fault or negligence, one of the brothers was dismissed by the overseer—a Mr. Green—of that particular portion of the line on which they were employed. The dismissed brother went off in search of work, and the brother who remained—Dennis was the Christian name of him—brooded over this supposed wrong, and in his dull, twilighted brain revolved projects of vengeance. He did not absolutely mean to take Green’s life, but he meant to thrash him within an inch of it. Dennis, anxious to thrash Green, but not quite seeing his way to it, opened his mind one afternoon, when work was over, to his friends—fellow-Irishmen and navvies—Messrs. Redding and Hickie. These took up Doolan’s wrong as their own, and that evening, by the dull light of a bothy fire, they held a rude parliament, discussing ways and means of revenge. It was arranged that Green should be thrashed—the amount of thrashing left an open question, to be decided, unhappily, when the blood was up and the cinder of rage blown into a flame. Hickie’s spirit was found not to be a mounting one, and it was arranged that the active partners in the game should be Doolan and Redding. Doolan, as the aggrieved party, was to strike the first blow, and Redding, as the aggrieved party’s particular friend, asked and obtained permission to strike the second. The main conspirators, with a fine regard for the feelings of the weaker Hickie, allowed him to provide the weapons of assault,—so that by some slight filament of aid he might connect himself with the good cause. The unambitious Hickie at once applied himself to his duty. He went out, and in due time returned with two sufficient iron pokers. The weapons were examined, approved of, and carefully laid aside. Doolan, Redding, and Hickie ate their suppers, and retired to their several couches to sleep, peacefully enough no doubt. About the same time, too, Green, the English overseer, threw down his weary limbs, and entered on his last sleep—little dreaming what the morning had in store for him.
Uprose the sun, and uprose Doolan and Redding, and dressed, and thrust each his sufficient iron poker up the sleeve of his blouse, and went forth. They took up their station on a temporary wooden bridge which spanned the line, and waited there. Across the bridge, as was expected, did Green ultimately come. He gave them good morning; asked, “why they were loafing about?” received no very pertinent answer, perhaps did not care to receive one; whistled—the unsuspecting man!—thrust his hands into his breeches pockets, turned his back on them, and leaned over the railing of the bridge, inspecting the progress of the works beneath. The temptation was really too great. What could wild Irish flesh and blood do? In a moment out from the sleeve of Doolan’s blouse came the hidden poker, and the first blow was struck, bringing Green to the ground. The friendly Redding, who had bargained for the second, and who, naturally enough, was in fear of being cut out altogether, jumped on the prostrate man, and fulfilled his share of the bargain with a will. It was Redding it was supposed who sped the unhappy Green. They overdid their work—like young authors—giving many more blows than were sufficient, and then fled. The works, of course, were that morning in consternation. Redding and Hickie were, if I remember rightly, apprehended in the course of the day. Doolan got off, leaving no trace of his whereabouts.
These particulars were all learned subsequently. The first intimation which we schoolboys received of anything unusual having occurred, was the sight of a detachment of soldiers with fixed bayonets, trousers rolled up over muddy boots, marching past the front of the Cathedral hurriedly home to barracks. This was a circumstance somewhat unusual. We had, of course, frequently seen a couple of soldiers trudging along with sloped muskets, and that cruel glitter of steel which no one of us could look upon quite unmoved; but in such cases, the deserter walking between them in his shirt-sleeves, his pinioned hands covered from public gaze by the loose folds of his great-coat, explained everything. But from the hurried march of these mud-splashed men, nothing could be gathered, and we were left to speculate upon its meaning. Gradually, however, before the evening fell, the rumour of a murder having been committed spread through the city, and with that I instinctively connected the apparition of the file of muddy soldiers. Next day, murder was in every mouth. My school-fellows talked of it to the detriment of their lessons; it flavoured the tobacco of the fustian artisan as he smoked to work after breakfast; it walked on ’Change amongst the merchants. It was known that two of the persons implicated had been captured, but that the other, and guiltiest, was still at large; and in a few days out on every piece of boarding and blank wall came the “Hue and cry”—describing Doolan like a photograph, to the colour and cut of his whiskers, and offering 100 pounds as reward for his apprehension, or for such information as would lead to his apprehension—like a silent, implacable bloodhound following close on the track of the murderer. This terrible broadsheet I read, was certain that he had read it also, and fancy ran riot over the ghastly fact. For him no hope, no rest, no peace, no touch of hands gentler than the hangman’s; all the world is after him like a roaring prairie of flame! I thought of Doolan, weary, foot-sore, heart-sore, entering some quiet village of an evening; and to quench his thirst, going up to the public well, around which the gossips are talking, and hearing that they were talking of him; and seeing from the well itself IT glaring upon him, as if conscious of his presence, with a hundred eyes of vengeance. I thought of him asleep in out-houses, and starting up in wild dreams of the policeman’s hand upon his shoulder fifty times ere morning. He had committed the crime of Cain, and the weird of Cain he had to endure. But yesterday innocent, how unimportant; to-day bloody-handed, the whole world is talking of him, and everything he touches, the very bed he sleeps on, steals from him his secret, and is eager to betray!
Doolan was finally captured in Liverpool, and in the Spring Assize the three men were brought to trial. The jury found them guilty, but recommended Hickie to mercy on account of some supposed weakness of mind on his part. Sentence was, of course, pronounced with the usual solemnities. They were set apart to die; and when snug abed o’ nights—for imagination is most mightily moved by contrast—I crept into their desolate hearts, and tasted a misery which was not my own. As already said, Hickie was recommended to mercy, and the recommendation was ultimately in the proper quarter given effect to.
The evening before the execution has arrived, and the reader has now to imagine the early May sunset falling pleasantly on the outskirts of the city. The houses looking out upon an open square or space, have little plots of garden-ground in their fronts, in which mahogany-coloured wall-flowers and mealy auriculas are growing. The side of this square, along which the City Road stretches northward, is occupied by a blind-asylum, a brick building, the bricks painted red and picked out with white, after the tidy English fashion, and a high white cemetery wall, over which peers the spire of the Gothic Cathedral; and beyond that, on the other side of the ravine, rising out of the populous city of the dead, a stone John Knox looks down on the Cathedral, a Bible clutched in his outstretched and menacing hand. On all this the May sunset is striking, dressing everything in its warm, pleasant pink, lingering in the tufts of foliage that nestle around the asylum, and dipping the building itself one half in light, one half in tender shade. This open space or square is an excellent place for the games of us boys, and “Prisoner’s Base” is being carried out with as much earnestness as the business of life now by those of us who are left. The girls, too, have their games of a quiet kind, which we held in huge scorn and contempt. In two files, linked arm-in-arm, they alternately dance towards each other and then retire, singing the while, in their clear, girlish treble, verses, the meaning and pertinence of which time has worn away—
The Campsie Duke’s a-riding, a-riding, a-riding,
being the oft-recurring “owercome,” or refrain. All this is going on in the pleasant sunset light, when by the apparition of certain waggons coming up from the city, piled high with blocks and beams, and guarded by a dozen dragoons, on whose brazen helmets the sunset danced, every game is dismembered, and we are in a moment a mere mixed mob of boys and girls, flocking around to stare and wonder. Just at this place something went wrong with one of the waggon wheels, and the procession came to a stop. A crowd collected, and we heard some of the grown-up people say, that the scaffold was being carried out for the ceremony of to-morrow. Then, more intensely than ever, one realised the condition of the doomed men. We were at our happy games in the sunset, they were entering on their last night on earth. After hammering and delay the wheel was put to rights, the sunset died out, waggons and dragoons got into motion and disappeared; and all the night through, whether awake or asleep, I saw the torches burning, and heard the hammers clinking, and witnessed as clearly as if I had been an onlooker, the horrid structure rising, till it stood complete, with a huge cross-beam from which two empty halters hung, in the early morning light.
Next morning the whole city was in commotion. Whether the authorities were apprehensive that a rescue would be attempted, or were anxious merely to strike terror into the hundreds of wild Irishry engaged on the railway, I cannot say: in any case, there was a display of military force quite unusual. The carriage in which the criminals—Catholics both—and their attendant priests were seated, was guarded by soldiers with fixed bayonets; indeed, the whole regiment then lying in the city was massed in front and behind, with a cold, frightful glitter of steel. Besides the foot soldiers, there were dragoons, and two pieces of cannon; a whole little army, in fact. With a slenderer force battles have been won which have made a mark in history. What did the prisoners think of their strange importance, and of the tramp and hurly-burly all around? When the procession moved out of the city, it seemed to draw with it almost the entire population; and when once the country roads were reached, the crowds spread over the fields on either side, ruthlessly treading down the tender wheat braird. I got a glimpse of the doomed, blanched faces which had haunted me so long, at the turn of the road, where, for the first time, the black cross-beam with its empty halters first became visible to them. Both turned and regarded it with a long, steady look; that done, they again bent their heads attentively to the words of the clergyman. I suppose in that long, eager, fascinated gaze they practically died—that for them death had no additional bitterness. When the mound was reached on which the scaffold stood, there was immense confusion. Around it a wide space was kept clear by the military; the cannon were placed in position; out flashed the swords of the dragoons; beneath and around on every side was the crowd. Between two brass helmets I could see the scaffold clearly enough, and when in a little while the men, bareheaded and with their attendants, appeared upon it, the surging crowd became stiffened with fear and awe. And now it was that the incident so simple, so natural, so much in the ordinary course of things, and yet so frightful in its tragic suggestions, took place. Be it remembered that the season was early May, that the day was fine, that the wheat-fields were clothing themselves in the green of the young crop, and that around the scaffold, standing on a sunny mound, a wide space was kept clear. When the men appeared beneath the beam, each under his proper halter, there was a dead silence,—every one was gazing too intently to whisper to his neighbour even. Just then, out of the grassy space at the foot of the scaffold, in the dead silence audible to all, a lark rose from the side of its nest, and went singing upward in its happy flight. O heaven! how did that song translate itself into dying ears? Did it bring, in one wild burning moment, father and mother, and poor Irish cabin, and prayers said at bed-time, and the smell of turf fires, and innocent sweethearting, and rising and setting suns? Did it—but the dragoon’s horse has become restive, and his brass helmet bobs up and down and blots everything; and there is a sharp sound, and I feel the great crowd heave and swing, and hear it torn by a sharp shiver of pity, and the men whom I saw so near but a moment ago are at immeasurable distance, and have solved the great enigma,—and the lark has not yet finished his flight: you can see and hear him yonder in the fringe of a white May cloud.
This ghastly lark’s flight, when the circumstances are taken in consideration, is, I am inclined to think, more terrible than anything of the same kind which I have encountered in books. The artistic uses of contrast as background and accompaniment, are well known to nature and the poets. Joy is continually worked on sorrow, sorrow on joy; riot is framed in peace, peace in riot. Lear and the Fool always go together. Trafalgar is being fought while Napoleon is sitting on horseback watching the Austrian army laying down its arms at Ulm. In Hood’s poem, it is when looking on the released schoolboys at their games that Eugene Aram remembers he is a murderer. And these two poor Irish labourers could not die without hearing a lark singing in their ears. It is nature’s fashion. She never quite goes along with us. She is sombre at weddings, sunny at funerals, and she frowns on ninety-nine out of a hundred picnics.
There is a stronger element of terror in this incident of the lark than in any story of a similar kind I can remember.
A good story is told of an Irish gentleman—still known in London society—who inherited the family estates and the family banshee. The estates he lost—no uncommon circumstance in the history of Irish gentlemen,—but the banshee, who expected no favours, stuck to him in his adversity, and crossed the channel with him, making herself known only on occasions of death-beds and sharp family misfortunes. This gentleman had an ear, and, seated one night at the opera, the keen—heard once or twice before on memorable occasions—thrilled through the din of the orchestra and the passion of the singers. He hurried home, of course, found his immediate family well, but on the morrow a telegram arrived with the announcement of a brother’s death. Surely of all superstitions that is the most imposing which makes the other world interested in the events which befall our mortal lot. For the mere pomp and pride of it, your ghost is worth a dozen retainers, and it is entirely inexpensive. The peculiarity and supernatural worth of this story lies in the idea of the old wail piercing through the sweet entanglement of stringed instruments and extinguishing Grisi. Modern circumstances and luxury crack, as it were, and reveal for a moment misty and aboriginal time big with portent. There is a ridiculous Scotch story in which one gruesome touch lives. A clergyman’s female servant was seated in the kitchen one Saturday night reading the Scriptures, when she was somewhat startled by hearing at the door the tap and voice of her sweetheart. Not expecting him, and the hour being somewhat late, she opened it in astonishment, and was still more astonished to hear him on entering abuse Scripture-reading. He behaved altogether in an unprecedented manner, and in many ways terrified the poor girl. Ultimately he knelt before her, and laid his head on her lap. You can fancy her consternation when glancing down she discovered that, instead of hair, the head was covered with the moss of the moorland. By a sacred name she adjured him to tell who he was, and in a moment the figure was gone. It was the Fiend, of course—diminished sadly since Milton saw him bridge chaos—fallen from worlds to kitchen-wenches. But just think how in the story, in half-pity, in half-terror, the popular feeling of homelessness, of being outcast, of being unsheltered as waste and desert places, has incarnated itself in that strange covering of the head. It is a true supernatural touch. One other story I have heard in the misty Hebrides: A Skye gentleman was riding along an empty moorland road. All at once, as if it had sprung from the ground, the empty road was crowded by a funeral procession. Instinctively he drew his horse to a side to let it pass, which it did without sound of voice, without tread of foot. Then he knew it was an apparition. Staring on it, he knew every person who either bore the corpse or walked behind as mourners. There were the neighbouring proprietors at whose houses he dined, there were the members of his own kirk-session, there were the men to whom he was wont to give good-morning when he met them on the road or at market. Unable to discover his own image in the throng, he was inwardly marvelling whose funeral it could be, when the troop of spectres vanished, and the road was empty as before. Then, remembering that the coffin had an invisible occupant, he cried out, “It is my funeral!” and, with all his strength taken out of him, rode home to die. All these stories have their own touches of terror; yet I am inclined to think that my lark rising from the scaffold foot, and singing to two such auditors, is more terrible than any one of them.
Smith, Alexander. “A lark’s flight.” 1863. Quotidiana. Ed. Patrick Madden. 8 Sep 2007. 25 Apr 2017 <http://essays.quotidiana.org/smith_a/larks_flight/>.
A new paper on Murder as a Fine Art might open thus: that on the model of those Gentlemen Radicals who had voted a monument to Palmer, etc., it was proposed to erect statues to such murderers as should by their next-of-kin, or other person interested in their glory, make out a claim either of superior atrocity, or, in equal atrocity, of superior neatness, continuity of execution, perfect preparation or felicitous originality, smoothness or _curiosa felicitas_ (elaborate felicity).
'Tis reason that a man should make a great difference betwixt faults that merely proceed from infirmity, and those that are visibly the effects of treachery and malice.
Valour has its bounds as well as other virtues, which, once transgressed, the next step is into the territories of vice.
An original peculiarity of constitution is no crime; that not that which goes into the mouth desecrates a man, but that which comes out of it.
After years of dullness and decorum, O soul, here is someone to come to play with thee; here is Fun, sent of the immortal gods!