Unequal Justice in Boston (episode 182)

This week we’re revisiting two classic episodes to highlight injustice in how the death penalty has been applied in our city’s history.  First, we’re going to visit early Boston, in a time when execution by hanging was a shockingly common sentence for everything from murder and piracy to witchcraft and Quakerdom.  During this period, hanging was the usual, and execution by fire was decidedly unusual.  This punishment was reserved only for members of one race and one sex, and in Boston’s history, only two enslaved African American women were burned at the stake.  After that, we’ll fast forward to the mid-19th century, when it seemed like the death penalty would soon be abolished.  After 13 years without an execution in Boston, a black sailor was convicted of first degree murder.  Despite the fact that white men convicted in similar circumstances were sentenced to life in prison, he was condemned to death.  And despite tens of thousands of signatures on petitions for clemency, he was hanged at Leverett Street Jail in May of 1849.


Burned at the Stake

(yes, at one point we say “1777” when we mean 1775, “architecture” when we mean architect, and we pronounce “gaol” as “gall” instead of  “jail.”  This episode was already exhausting enough, and we didn’t go back to fix those flubs.)

Washington Goode

Boston Book Club

Kevin Lynch studied architecture with Frank Lloyd Wright, trained at Yale, Rensselaer, and MIT, and served with the US Army Corps of Engineers, then spent 30 years as a professor of urban planning at MIT.  During this long career, he how people perceive the cities that surround them and became a proponent of mental mapping.  His 1960 book The Image of the City is his most famous work, resulting from a five year study of how people form mental maps of urban environments.  He concluded that most people imagine their cities in predictable ways, and their mental maps are composed of elements Lynch called paths, nodes, districts, landmarks, and edges.

Of course, to study people’s mental maps of Boston, Lynch had to transform them into physical maps.  He usually did this by having his participants sketch out their mental maps, and sometimes by sketching out what they described to him verbally.  He would then compare the resulting maps or combine many of them into a consensus view of a city or district.  To me, these resulting maps are the most delightful part of this book.  The book was written in an era before widespread computer graphics, and Lynch had trained as an architect, so the book is packed with neat, hand drawn maps that are marked up with handy notation and clear explanations in Lynch’s perfect architect’s handwriting.  

Whether these sketches were showing how the docks and warehouses of Boston’s waterfront, then a much more active commercial port, prevented most Bostonians from experiencing the harbor, or showing how people first envision open spaces and prominent landmarks when describing their cities, these maps are gems.  Even if you don’t pick up the book, the MIT library holds a collection of his drawings that are viewable online.

Upcoming Event

And for our upcoming event this week, we’re featuring a virtual book talk from the Massachusetts Historical Society.  Abram Van Engen of Washington University in St Louis will be discussing his book City on a Hill: A History of American Exceptionalism.  Here’s how the MHS describes the event:

Abram Van Engen shows how the phrase “City on a hill,” from a 1630 sermon by Massachusetts Bay governor John Winthrop, shaped the story of American exceptionalism in the 20th century. By tracing the strange history of Winthrop’s speech, from total obscurity in its own day to pervasive use in modern politics, Van Engen reveals the way national stories take shape and shows us how those tales continue to influence competing visions of the country—the many different meanings of America that emerge from a preservation of its literary past.

The event is free, but to avoid zoom-bombing, you’ll have to register in advance to get a link to the virtual meeting.

Transcript

Music

Jake Intro:
[0:04] Welcome To Hub history, where we go far beyond the Freedom Trail to share our favorite stories from the history of Boston. The hub of the universe.
This is Episode 182 Unequal Justice in Boston Hi, I’m Jake.
This week, I’m revisiting to classic episodes to highlight how unfairly the death penalty’s been applied in our city’s history.
First, we’ll visit early Boston in a time when execution by hanging was a shockingly common sentence for everything from murder and piracy toe witchcraft in Quakerdom.

[0:37] During this period, hanging with the usual and execution by fire was decidedly unusual.
This gruesome punishment was applied to only members of one race in one sex.
And in Boston’s history, only two enslaved African American women were burned at the stake.

[0:56] After that, we’ll fast forward by about a century to a time when it seemed like the death penalty would soon be abolished after 13 years without execution.
In Boston, a black sailor was convicted of first degree murder despite the fact that white men convicted in similar circumstances were sentenced to life in prison.
He was condemned to death, and despite tens of thousands of signatures on petitions for clemency.
He was hanged at Leverett Street Jail in 18 49.

[1:27] But before we talk about the unequal application of the death penalty in Boston, it’s time for this week’s Boston Book Club selection and our upcoming historical event.

[1:37] My pick for the Boston Book Club this week is Kevin Lynch’s 1960. The Image of the City.

[1:44] Lynch studied architecture with Frank Lloyd Wright, trained at Yale, Rensellaer and M. I. T.
And served with the U. S Army Corps of Engineers.
Then he spent 30 years is a professor of urban planning at M. I T.
During this long career, he analyzed how people perceive the cities that surround them and became a proponent of mental mapping.
The image of the city is this most famous work resulting from a five year study of how People for mental maps of urban environments.
He concluded that most people imagine their cities in predictable ways.
Their mental maps are composed of elements Lynch called paths, Nodes, District’s landmarks and edges.

[2:24] Writing about Boston’s district’s and the difficulty people face in creating mental maps of them, Lynch says the Boston Common is for many subjects.
The core of their image of the city and along with Beacon Hill, the Charles River and Commonwealth Avenue is most often mentioned as a particularly vivid place.
Often in making their cross city trips, people would veer off course to touch base here is, they went by,
a large, planted open space bordering the most intensive district in Boston, a place full of associations accessible toe. All the common is quite unmistakable.
It’s so located as to expose one edge of three important district’s Beacon Hill, the Back Bay and the downtown shopping district, and is therefore a nucleus from which anyone could expand his knowledge of the environment.
Furthermore, it’s highly differentiated within itself, including the little subway plaza, the fountain, the frog pond, the bandstand, the cemetery, the swan pond and so on.

[3:26] At the same time, this open space as a most peculiar shape difficult to remember a five sided right angled figure,
since it’s also too large and well planted for the sides to be inter visible, people are often at sea trying to cross it, and since two of the bounding paths Boylston Tremont streets are of citywide importance, that difficulty is compounded.
Here they cross at right angles, but further out they seem to be parallel springing perpendicular lee from a common baseline Massachusetts Avenue.
In addition, the central shopping activity makes an awkward right angled turn at the same Boylston trim on crossing, weakens and then reappears further up Boylston Street.
All this adds up to a critical ambiguity of shape, with City core a major orientation flaw.

[4:15] Boston is a city of distinctive district’s, and in most parts of the central area, one knows where one is simply by the general character of the surrounding area.
In one portion, there’s the unusual case of a continuous mosaic of such distinctive areas.
The sequence Back Bay Common, Beacon Hill Central Shopping Here place is never in question.
Get this Thematic vividness is typically associated with formless nous or confusing arrangement.
If Boston districts could be given structural clarity as well as distinctive character, they would be greatly strengthened in this failure.
Incidentally, Boston is probably quite different from many American cities where areas of formal order have little character.

[5:02] Of course, to study people’s mental maps of Boston, Lynch had to transform them into physical baps.
He usually did this by having his participants sketch out their mental maps and sometimes by sketching out what they described to him verbally, he then compare the resulting maps or combined many of them into a consensus view of the city or district.

[5:22] To me, these resulting maps are the most delightful part of the book.
The book was written in an era before widespread computer graphics, and Lynch had trained as an architect.
So the book is packed with neat, hand drawn maps that are marked up with tidy notation and clear explanations in Lynch’s perfect architects handwriting.

[5:41] Whether these sketches were showing how the docks and warehouses of Boston’s waterfront than a much more active commercial port prevented most Bostonians from experiencing the harbor or showing how people first envisioned open spaces and prominent landmarks when describing their cities.
These maps or gems, even if you don’t end up buying the book will include a link in the show notes to a collection of Lynch’s drawings held by the M.
I T library that you can view online and for our upcoming event this week, I’m featuring a virtual book Talk from the Massachusetts Historical Society.
Abraham Ben Ngan of Washington University in ST Louis will be discussing his book, City on a Hill.
Ah, History of American Exceptionalism.
Here’s how the NHS describes the event.

[6:27] Abram Ven Ngan shows how the phrase city on a hill from a 16 30 sermon by Massachusetts Bay Governor John Winthrop shape the story of American exceptionalism in the 20th century,
by tracing the strange history of Winthrop speech from total obscurity in its own day to pervasive use in modern politics, Ben Econ reveals the way national stories take shape and shows us how those tales continue to influence competing visions of the country.
The many different meanings of America that emerged from a preservation of its literary past.

[7:00] The events free. But to avoid Zoom bombing, you’ll have to register in advance to get a link to the virtual meeting.
We’ll have the registration link as well as links to Kevin Lynch’s image of the city and this week’s show.
Notes at hub history dot com slash 182 Before I kick off the show for real, I just want to pause and say, a big thank you to everyone who supports Hub history on patriotic.
When I’m putting together a clip show like this, it gives me an excuse to go into our archives and listen to really old episodes.
I hope you’ll agree that We’ve evolved a lot in the 3.5 years have been making this show.
We’re better researchers now and better writers. But what really stands out to me is how much better we sound than we used to.
Our patri on sponsors helped make this transformation possible through upgrades to our microphones, and especially through use of an online audio processing service that helps us clean up our recordings.
You can help us maintain and improve our sound quality, as well as paying for hosting and security costs by contributing as little as $2 a month.
Just go to patri on dot com slash hub history or visit hub history dot com and click on the support link.
Thanks again to everyone who supports the show in these difficult times.
And now it’s time for this week’s main topic.

[8:22] Despite what a lot of visitors and locals believe. The victims of the Salem Witch Trials and Boston’s local, which trials were hanged, not burned at the stake.
Who ever in the history of Massachusetts two women were executed by fire one in 16 81 and another in 17 55.
If witchcraft was a crime against both the state and God. What crime could elicit a worse punishment In Puritan Boston?

[8:50] This story originally appeared way back in Episode 27 when our sound quality wasn’t quite up to our standards today, a quick content note as well.
This segment at times uses the course racial language of the 17th and 18th century primary sources that went into it, and it describes acts of state violence there still difficult for me to think about almost three years after recording it.

Stake:
[9:14] Late one night in July of 16 81 2 houses caught on fire in the sleepy village of Roxbury, first the home of Dr Thomas Swan and then, a few minutes later, the home of Joshua Lamb.

[9:28] Both fire started near a door, not by the fireplace, and the fires were quickly determined to be the result of arson.
Suspicion soon fell on an African American woman named Mariah, who was enslaved in Joshua Lambs Household.
She was arrested along with two enslaved men from nearby households and imprisoned in Boston to wait for the next session of the court of assistance.
At trial, Mariah pleaded guilty to the charge of arson.
She described how she carried out the crimes while her friends, Shefali and coffee, watched from beneath a nearby fence.
First, she snuck into Dr Swan’s house and left a smoldering coal from the fireplace on wooden floor in front of the bedroom door.
The coal slowly allowed the floor to catch fire, giving Mariah a chance to go on to the next house.
She had to break into the land household where she was enslaved because they kept the house locked at night.
She managed to get the back door open and did the same thing they’re using to would ships to carefully hold a hot coal, which she placed in front of the bedroom door.
Not only did this give her a chance to get out before the fire really caught, it also made it that much harder for the residents inside to escape. Since the epicenter of the fire was out their bedroom door.
It wasn’t the first time that arson was used by enslave people is an act of resistance, and it wouldn’t be the last.

[10:52] John Winthrop’s Diary records the 16 41 case of a Boston woman named Bridget Pierce.
She brought a collection of fine and valuable linen goods from Old England, and she had very particular instructions on how are enslaved. Made should care for it each day.
It should be newly washed and curiously folded and pressed and so left in the parlor overnight.
One night, the maid went into the room very late and let fall some stuff of the candle upon the linen.
So is by the morning all the women was burned, a tender and the boards underneath, and some stools and part of the Wainscott burned and never perceived by any in the house, though some lodge in the chamber overhead and no ceiling between.

[11:33] In the 16 sixties, a woman and Hartford complained that quote Indians and Negroes had burned her property and petition the colony for compensation.
And in February 16 81 increase, Mather recorded in his diary that there had been quote several houses set on fire in Boston and Roxbury at different times.
By Negroes, Fire was a tool of resistance and one of the only ones available to the enslaved.
As Wendy Warren, historian of New England, slavery puts it.
Because fire was widely available and essential to early modern life, it could not be kept from slaves.

[12:10] Mariah was facing the death penalty. It’s a little bit unclear from my sources whether anyone died in the fire, she said.
Increased Mother’s Diary says that a child was burnt to death, but none of the other records note that, and Mariah was never charged with murder.
Either way, Arsene was still a capital crime under a Massachusetts law passed in 16 52.
And if any person of the age of four said 16 years and upwards shell after the publication here of wittingly and willingly and feloniously,
set on fire any dwelling house meetinghouse, storehouse,
or shell in like manner set on fire any outhouse barn stable, lean to stack of hay, corn or wood, or anything of lake nature whereby any dwelling house, meetinghouse or storehouse calm with to be burnt?
The party or parties vehemently suspected thereof shall be apprehended by warrant from one or more of the Magistrates and committed the prison there to remain without bail until the next court of assistance,
who upon legal conviction by do proof or confession of the crime shall a judge, such person or persons to be put to death and the forfeit so much of his lands, goods or chattels as shall make full satisfaction to the party or parties indemnified.

[13:24] Three days after Mariah set her two fires and enslaved man named Jack was accused of setting fire to a house in North Hampton by accident while looking for food to steal.
After being given 100 lashes by his owner, Samuel Wolcott, he vowed that he would hang himself if he ever got the chance.
Instead, he escaped from his cool owner and was on the run from the authorities.
If fire was one tool of resistance that was always available to enslave people, suicide was another.
In this week’s show, notes willing to an episode of the Ben Franklin’s World podcasts that deals with death, suicide and slavery in Colonial America, where you can hear more about why some slaves would choose self destruction.

[14:09] Jack was brought to Boston and stood trial at the same court of assistance as Mariah.
His case was also a capital case, despite no one having been injured in the fire he accidentally set On September 6th, 16 81.
The Court of Assistance, presided over by Massachusetts Bay Colony, is governor. Simon Bradstreet pronounced sentence on Mariah for arson.
The prisoner at the bar pleaded and acknowledged herself to be guilty of the fact and accordingly the next day, being again brought to the bar had sentence of death pronounced against her by the honorable governor,
that she should go from the bar to the prison, whence she came and thence to the place of execution and there be burned.
The Lord be merciful to thy soul, said the governor with a sleeve. Jap had previously threatened to hang himself due to his owners cruelty.
The court of assistance would make that a reality the same day he received this sentence,
that he should go from the bar to the place once he came, and there be hanged by the neck until he be dead and then taken down and burnt to ashes in the fire with Mariah the Lord be merciful to thy soul, said the governor.

[15:23] As we heard the law called for arsonists to be executed. But the additional measures specified in these sentences went beyond just death.
Burning a criminal’s corpse was a form of punishment that continued after death, denying the sufferer a Christian burial and thus any chance of redemption during the second coming.
It was not uncommon under English common law at the time for any felony considered particularly heinous.
Mariah’s sentence of burning at the stake was probably a form of Lex Talionus or the law of retaliation.
The Puritans of Massachusetts were strong believers in mosaic law, which called for an eye for an eye even when civil law had no such requirement.
In this case, Jack was given the later sentence of death by hanging as his arson was accidental, while Mariah was given burning for burning.
Since her active arson was also seen, his attempted murder.
There’s also a tradition in English law that many forms of execution were considered immodest when used on a woman.
Torture, drawing, quartering and hanging were all seen is too revealing of a woman’s body.
So Mariah’s sentence may also have been an attempt to preserve her modesty.

[16:36] Coffee and Chevalier, the enslavement who were charged as Mariah’s accomplices, were sentenced to transportation.
They were held in jail briefly, then put aboard ships headed for the Caribbean.
There they’d be pressed back into slavery on the sugar plantations, where the average life span for a slave was less than seven years.

[16:56] A few days after the sentencing increased Mother’s diary records that they had been carried out 16 81 September 22nd.
There were three persons executed in Boston, an Englishman for a rape, a Negro man for burning a house in North Hampton.
In a Negro woman who burnt two houses at Roxbury July 12th.
In one of which a child was burned to death, the Negro woman was burned to death, the first yet who has suffered such a death in New England.
There’s only one other reported case of an execution by firing the history of Massachusetts almost 75 years after the death of Mariah and Jack.
The second case takes place in 17 55 during the administration of Governor William Shirley.
This was well after the Puritan theocracy of early Massachusetts Bay came to an end.
And during a time when, as we heard in last week’s podcast, Boston was supposed to be the most refined, cultured city in North America.
And yet it was still possible for a woman to be publicly burned at the stake.

[18:01] On July 1st of that year, a trials town resident named John Codman died the next day a coroner’s inquest determined that he had been poisoned with arsenic and suspicion fell on the enslaved members of his household.
A man named Mark was arrested and interrogated, and he soon revealed a conspiracy to murder Cottman, Michael’s illiterate man, and had read the Bible.
His scriptural study led him to believe no sin would be committed if he could end.
Codman is like without shedding his blood mark,
along with enslaved women belonging to Codman named Phyllis and Phoebe had quietly reached out to slaves in the households of two Boston doctors to try to acquire poisons with which they could kill their owner.
One of the enslavement they approached turned them down, while another provided a quantity of arsenic.
Another enslaved man gave them a quantity of a material known in the sources as black lead that is probably a form of lead sulfide crystals known today as Galena.
It may have been using glazes by a Charles sound Potter feeding, and Phyllis would make small quantities of arsenic and black lead into Commons food, sometimes serving it to him directly and sometimes allowing his daughter to serve the tainted food.
Finally, on July 1st, they were successful and common was killed by the arsenic in his Greul.

[19:29] Gillison Mark were charged with the crime known as petite treason.
And it was the only time in the history of Massachusetts when this crime was prosecuted, where the crime we now know is treason known then is high. Treason wasn’t offensive against royalty.
Petit treason or petty treason was reserved for others who attempted to upend the natural hierarchy of a very hierarchical society.
As one historian recorded, this crime was restricted to three classes of cases.
One where a servant killed his master or mistress to where a wife killed her husband, and three, where a clergyman killed his pre laid or the superior to whom he owed canonical obedience.
The Senate’s in the case of a woman was that she be burned to death and in the case of a man that would be drawn to the place of execution and there hanged by the neck until he be dead.

[20:21] After their arraignment, the defendants stood trial in the courtroom of Stephen Sewall, who is the nephew of Samuel Sewall, the famous judge who presided over and later apologized for the Salem witch trials.
Pages and pages of testimony from both Mark and Phyllis are preserved under questioning Phyllis admitted to knowingly poisoning. Codman suggested that Mark was the ringleader and implicated Phoebe is an accomplice.
Mark, in turn, admitted to procuring the poison and providing it to Phoebe and Phyllis, along with instructions on how to use it.
Saying he had asked for enough poison to kill three pigs, Phoebe turned state’s evidence and testified against the other two.

[21:02] On September 6th. The court pronounced its sentence against both Phyllis and Mark,
whereas the said Phyllis and Market are Quarter four said were each of them convicted of the crime respectively, alleged to be committed by them as a four said by the verdict of 12 good unlawful men of our said county and were by the consideration of our said court, a judge to suffer the pains of death.
Therefore, as tow US appears of record, the execution of which said sentence doth still remained to be done.
We command you therefore that on Thursday, the 18th day of September instant between the hours of one and five in the daytime you caused the said Phyllis to be drawn from our gal in the county of Middlesex, Afore said.
Where she now is to the place of execution and there be burned to death.
And also that on the same day between the hours of one and five oclock in the daytime, you caused the said Mark to be drawn from the Gallanar county of Middlesex, Afore said, where he now is to the place of execution and there be hanged up by the neck until he be dead.

[22:02] For her testimony, Phoebe was able to escape trial, her face not entirely clear.
But some records indicate that she was transported that is sent off to a brutal and likely short life in the sugar plantations of the Caribbean.
The Boston Evening Post records the final end of Phyllis and Mark on September 18th 17 55 Thursday.
Last in the afternoon mark, a Negro man and Phyllis, a Negro woman,
both servants to the late captain John Cotman of Charlestown, were executed at Cambridge for poisoning there, said Master, As mentioned in this paper some weeks ago,
the fellow was hanged and the woman was burned at a stake about 10 yards distant from the gallows.
They both confessed themselves guilty of the crime for which they suffered, acknowledged the justice of their sentence and died very penitent.
After execution, the body of Mark was brought down to Charlestown common and hanged in chains on a jib it erected there for that purpose.

[23:06] Imagine for a moment how terrible that death must be.
A sturdy wooden post was driven into the ground with a pile of wood around it.
Phyllis would have been led to this pyre and family tied to the post, a torch would have been touched to the candling, starting the bonfire around her.
The pain would have been almost instant and excruciating. As her 18th century garb bun from her body, she would have been entirely unable to cry out due to another tradition of burning at the stake.
As a historian recorded to mitigate the sufferings of felons at the stake, the executioner usually fastened.
One end of accord to the steak, and bringing this quote around the neck of the woman,
pulled it tightly the moment the torch was applied and continued to strain until life was extinct, which, unless the cord was sooner burnt asunder, generally happened before the condemned had suffered much from the intensity of the flames.
I question that historians assertion that the condemned didn’t suffer much.
I don’t think the sensation of being strangled distracted her in any meaningful way from the sensation of being burned alive.
The strangling was likely for the comfort of the cloud. It kept her cries from disturbing the witnesses of her death, as she wouldn’t have been able to draw enough breath to scream.

[24:29] In that Boston Evening Post article. It mentions that Mark’s body was brought to Charlestown common and hanged in chains on a gym.
It the practice of Jim Eating a body was well established in England, in North America at that time after execution, the body of the condemned would be hung from a gallows like structure, either in a cage or wrapped up in iron chains.
This was done publicly, both as a deterrent to future crime and as another form of punishment after death to deny the condemned a Christian burial in any hope of redemption in the resurrection.
In some cases, the body would be painted with tar as a preservative, and it’s likely that the chains of Body was wrapped in would help maintain its structural integrity.
There’s no record that Mark’s body was hard, but there is ample record that his body hung in Charlestown for many years.
One account of the case recounts tres ia Bartles research, stating that the body of Mark is said by Dr Bartlett to have remained on the jib it until a short time before the revolution.
Certain it is that when Dr Caleb Ray passed through Charlestown on the first day of June 17 58 on his way from Danvers to join the regiment of which he had been chosen surgeon.
In the expedition against Ticonderoga, he found the body hanging and, having examined it, recorded in his journal that Mark Skin was but very little broken, although he had hung there near three or four years.

[25:53] We have no firm accounts stating when Mark’s body was cut down or decomposed. But it remained long enough for its location to become a local landmark.
It remained a landmark when Paul Revere embarked on his famous ride some 20 years later.
In the 17 98 letter to Jeremy Belknap, the minister and founder of the Massachusetts Historical Society Review described the beginning of his right to Lexington.

[26:16] I set off upon a very good horse. It was then about 11 o’clock and very pleasant.
After I had passed Charlestown Neck and got nearly opposite where Mark was hung in chains, I saw two men on horseback under a tree sandwiched between these two tragic executions by fire is another case.
One will call a near miss After a series of suspicious fires in March of 17 23 and enslaved man named Diego was arrested,
he confessed to burning the house belonging to his master, John Powell, but under questioning indicated that there was a larger conspiracy among the African Americans in Boston to burn the town as an active resistance.
Indeed, even while Diego was behind bars, a series of other sins and attempted arsons continued,
governor, Dummer issued a proclamation blaming quote some villainous and desperate Negroes or other dissolute people for entering into a wicked and horrid combination to burn the town.

[27:18] In response, the town formed a military watch to hunt for the perpetrators.
In a town meeting on April 15th Boston passed a series of restrictions against quote,
Indians, Negroes and Mulattos, which imposed a curfew prohibiting them from assembling from leaving their masters houses at night and even restricted what type of work they could do.
Though the town watch have been charged with apprehending quote Negro and Mellado servants who were out after 10 PM since at least 17 36,
against this backdrop, some called for Diego to be burned at the stake, as Mariah had been as an imposition of mosaic law burning for burning.

[28:01] That helped her argument came from an unexpected corner.
Levin Cotton Mather not only argued against the sentence of death by burning, he went as far as suggesting that the fires were God’s retribution for the white citizens unjust treatment of their enslaved brethren.
First, the burning of the town has been threatened and there have been many fires kindled,
our God calls us not only to thankfulness for preservation but also to consider what we have to do, that such a desolation by those or some other hands may be prevented.
Contention Burning for burning was required by the word of the glorious God fulfilled by his hand and considering by what hands?
The town has been so endangered, there could be nothing more seasonable and reasonable than for us to consider whether our conduct with relation to our African slaves be not one thing for which are God may have a controversy with us.
Are they always treated according to the rules of humanity and much more Christianity, which is improved, and in noble humanity?
Are they treated as those that are of one blood with us and those that have immortal souls in them?
And I’m not mere beasts of burden.

[29:19] In the end, eight enslaved Africans and one white indentured servant were arrested for the 17 23 arsons.
One died in prison while awaiting trial. Five were quit.
There’s no record of the outcome for two, and Diego, who had confessed to the capital crime of arson, was sentenced to death.
However, despite the wishes of some Bostonians, he was executed by hanging and was not burned.

[29:48] Though there are only the two recorded cases of people being executed by fire in Massachusetts.
The possibility of burning at the stake hung over the heads of Massachusetts citizens, especially enslaved women for a century,
from the case of Mariah that was recorded by Increase Mather in 16 81 to the close call of Diego, as pondered by his son, Cotton Mather, in 17 23.
To the sad case of Phyllis, who was burned to death in 17 55 the laws regarding petite treason remained in effect until 17 85 being repealed after Massachusetts adopted its constitution.
That same year, Cotton Mather Son, the Reverend Samuel mother, passed away, meaning that the law spanned three full generations of the mother family.
During this long era, many white people committed arson. None of them were burned to death.

Jake Intro:
[30:39] For our next story will revisit Episode 68 A case of first degree murder in 18 48 nearly brought an end to Massachusetts death penalty,
when a young black sailor named Washington Good was convicted of murdering his shipmate that year, there hadn’t been an execution in Boston for 13 years.
White men who’ve been convicted of first degree murder had their sentences commuted to life in prison, and luminaries like Henry David Thoreau and Ralph Waldo Emerson would ask the governor to do the same thing for good.
So why was it that he was sent to the gallows?

Goode:
[31:16] And the archives of the Concord Library. There’s a paper scroll eight inches wide and over seven feet long, covered in signatures.
The second signature is that of Henry David Thoreau.
On the reverse side, a newspaper clipping identifies the document as a petition against the execution of Washington. Good.
When it was rediscovered in the archives in the 19 sixties, little was known about it and less was known about the man named Washington.
Good news coverage of his arrest in 18 48 with sparse as seen here in the Boston daily Be Murder at 11 Oclock.
Last evening in Richmond Street, a colored man was knocked down and stabbed in three places, in consequence of which he died. Immediately.
The murderer, also a Negro, was arrested in South X treated three o’clock this morning.

[32:03] You might be left wondering Asbury. Chris Berg was in the 1994 article about the petition.
Why did 400 citizens have conquered almost 20% of the population concerned themselves over the fate of an obscure black semen convicted of murdering a shipmate after a quarrel over a prostitute?
The story begins in Boston’s north end in the summer of 18 48 1 June night, a 28 year old seaman visited his girlfriend of about a year, Mary Ann Williams, in her rooms on Ann Street.
The semen was a black man named Washington Good, who was originally from Mercersburg, Pennsylvania.
Incidentally, my parents worked in Mercersburg in the late seventies. I was born in a neighboring town.
He worked as a cook on two different Boston based ships, and when he was on shore, he preferred to spend his time in the rough and tumble neighborhood that was then known as the Black Sea.
The Black Sea was a not so subtly racist nickname for a neighborhood centered on Ann Street, which stretched from Faneuil Hall, past the North End dwarves through North Square and along the waterfront.
It was a favorite haunt of sailors of all races, becoming one of the few racially integrated spaces in the city at the time.
It also became known as the epicenter of vice in the city, and street was lined with taverns, gambling dens and hundreds of brothels.

[33:26] After a series of police raids in 18 51 nabbed hundreds of near do wells for piping, fiddling, dancing, drinking and attending crimes.
This city changed the streets name to North Street in 18 52 to try to improve its image.
The media would make a lot of assumptions about Mary Ann Williams because she made her home along and Street and the defense team in the eventual trial would characterize her as a vile prostitute.
She vehemently denied this charge, but the records showed that she had at least one other gentleman caller at the same time. She was entertaining Washington good, and she was still married to 1/3 man.

[34:06] On the evening of June 27th 18 48. Good visited Williams in her rooms and spotted a fancy silk handkerchief that he had never seen before.
He asked her about it, and she said it was a gift from Thomas Harding.
Harding was another black sailor, and he’d been courting Mary Ann for a few months.
Good flew into a rage and tried to burn the handkerchief. When Williams stopped him, he toward in half through it to the floor and stomped out of the apartment.
An account in the book Rights of Execution describes what played out the next day.
The next day, Harding visit Williams and asked what happened to the handkerchief after she told him, a witness heard, Harding claimed that he would ask good to pay for the damaged article within the drinking sellers and dancing rooms along Richmond Street that night.
Good said he heard Harding was after him, and he was prepared for an encounter.
Armed with the sailors, common sheath knife and fortified with strong drink, Good was heard to declare that before the night ended, he would make Rome howl in the restricted environs of Richmond and and streets.
Good Harding and Williams encountered one another at Harris is seller between 10 and 11 oclock on the night of June 28th.
No one recalled whether Harding or good arrived first, but when Williams entered, Good, slapped her with his open hand and shoved her to the floor.
At the time, Harding was in another room. When told Good was looking for him. Customers heard him reply. Let him come. That’s what I want.

[35:34] Good left. Harris is first. Harding followed. Shortly thereafter, less than half an hour passed before Harding was dead.

[35:43] There were plenty of witnesses who saw Good and Harding and Harris is Basement saloon, but nobody saw what transpired after they left in a nearby alley. Somebody hit Thomas Harding over the head hard enough to fracture his skull and left him with a nine inch deep stab wound between his ribs.

[35:59] Because Good was charged with first degree murder, he was tried before the Massachusetts Supreme Judicial Court, with Chief Justice Lemuel Shaw presiding.
The defense counsel argued that the jury should acquit because a conviction would require the death sentence and they didn’t want to have Washington goods blood on their hands.
The prosecution objected and Judge Shaw upheld it, saying it was out of order to discuss the expediency or justice of the death penalty.
Both sides were warned to Onley argue the facts of the case. Unfortunately, there were very few fax.
One witness said he had seen a figure dressed like good in the alley but hadn’t seen his face.
Another said he had heard a voice similar to goods. Say God damn you, I got my revenge.
A few witnesses said the killer had been wearing a hat of the same style is good.
Everyone knew that Harding and Good had quarreled. And by 4 a.m. captain John Harrington had placed Washington good under arrest at his uncle’s boarding house.
When he was arrested, Good was carrying a common seaman’s sheath knife of about 11 inches.
The arresting officer would testify that Good said, I have only one life you may do with it as you please.

[37:16] Many portrayals focused on goods race, using the stereotypes of the day to paint him as a monster.
One newspaper described him as a nug lee looking fellow with the retreating forehead, high cheekbones and short wooly hair who wore a moustache on his upper lip,
reporters and indeed the prosecutor would try to paint him as a near brute, unable to control his animalistic passions.

[37:43] On the other side, death penalty opponents would appeal to the Massachusetts abolitionist tendency to argue that his race made Washington good, naive, a sort of poor, innocent wretch, a sympathetic newspaper said.
You had no school or pulpit, no father mother to teach him, even raising the rice swamps.
He had been in New Orleans, where an Asian of the Bible society have been refused to give the Bible to a slave.
He floated along into Massachusetts and into Boston, where his class associates here he had gotten into a drunken quarrel.
Threats were offered on both sides. A man is found murdered, and he is charged with the crime, and Massachusetts has nothing better for him than toe hang him.

[38:24] Another editorial said Half savages. He is ignorant and un enlightened because centuries of oppression have debased his race and because, in the midst of enlightenment and civilisation, his race alone has been deprived of light,
and bound down by the laws of perpetual ignorance.
His soul is as dark as was that of his ancestors. When Toren, from their African home, it is not good who begs his life in your hands.
Fry, verily believe that no one would call more loudly than he for death in preference to imprisonment.
To him, mere animal Asi is life has no joys beyond those which personal freedom gives even goods. Defense counsel.
When Judge Shaw offered good a chance to speak on his own, behalf claimed that as a member of a benighted in downtrodden race, he had nothing to say.

[39:12] There are some historic criminal cases where, when we look back, we can recognize a clear miscarriage of justice where the evidence clearly shows that the accused was innocent.
The Washington good case isn’t so clear cut from everything we’ve read. It certainly seems possible that he was guilty.
But the prosecution was far from proving that beyond a reasonable doubt the entire case was built.
Is William Lloyd Garrison put it on circumstantial evidence of the most flimsy character?
Nevertheless, the jury deliberated for less than 35 minutes before returning the guilty verdict and Judge Shaw sentence Washington Good toe.
Hang At the time Washington Good received his death sentence. There haven’t been an execution in Boston for 13 years.
It was the height of the 19th century movement to abolish the death penalty.
The progressive tendency that led reformers to oppose slavery, support women’s suffrage and eventually take up the cause of Prohibition, also expressed itself in widespread opposition to the death penalty.
Advances in science helped doctors of the age cure diseases of the body and the mind.
Certainly it would only be a matter of time until science allowed the eradication of crime.
And in the meantime, wasn’t it cruel and unusual to hang a man?

[40:32] The sudden influx of Irish immigrants in the 18 forties also led to the Catholic Church, occupying a newly influential position in Boston, and the church was against the death penalty.
The Boston Pilot, a newspaper published by the local Catholic archdiocese, would write the following.

[40:50] We believe that the fear of punishment does not deter from homicide, and the world is beginning to think so, too.
In this case, the chief argument for hanging goes to the ground.
People will say blood for blood is an old and sound law.
But society, even as it is, has long ceased to respect that law.
It will not have blood for blood at all events.
If life is to be held such a sacred thing. The deliberate, cold blooded law should not exhibit itself.
Choking men should not turn homicide to discount in It’s murder, we absolutely think it more natural to take a man’s awful blood in a desperate coral when Revenge believes its own wild justice.
Then, with the calm, leisurely solemnity of the sheriff in the hangman much more by the mid 18 thirties, it seemed as though these advocates were on the brink of success.
An address by Governor Edward Everett in 18 36 leaves the listener with the impression that capital punishment was on the verge of abolishment.

[41:56] The ancient rigors of the penal code have been mitigated.
Punishments revolting to humanity have been abolished and others substituted, which are believed to answer with equal efficacy all the ends of penal justice,
and which are more comfortable to the humanity of the age and the mild spirit of Christianity.

[42:19] A grave question has been started. Whether it would be safe to abolish altogether the punishment of death,
An increasing tenderness for human life is one of the most decided characteristics of the civilization of the day and should in every proper way, be cherished,
whether it can, with safety to the community, be carried.
So far, us to permit the punishment of death to be entirely dispensed with is the question not yet decided by philanthropists and legislators.
It may deserve your consideration whether this interesting question can be brought to the test with sure teacher experience an experiment instituted and pursued for a sufficient length of time might settle it on the side of mercy.
Such a decision would be a matter of cordial congratulations. Should a contrary result ensue, it would probably reconcile the public mind to the continued infliction of capital punishment as a necessary evil.

[43:18] No matter the oratorical zeal Everitt brought to the debate the most anti death penalty advocates could hope for under his administration was a compromise.
In 18 39 a bill passed through the Massachusetts General Court that abolished the death penalty for highway robbery and burglary.
Other capital crimes for murder, arson to rape and, of course, piracy would have to wait.
At the same time that activists were advocating to change the laws in Massachusetts to reduce or eliminate the use of the death penalty, the death penalty was being applied less and less.
Using records from the Death Penalty Information Center, we found that 23 people were executed in Massachusetts during the years from 18 01 to 18 30 not counting those who were hanged for piracy.
If you listen to our recent episode about Cotton Mather’s execution sermons for convicted pirates, you’ll remember that Massachusetts has always treated piracy is a separate, gravely serious crime because it was seen as a crime not only against life and limb, but the very fabric of the social order.

[44:19] So, leaving aside 10 people who were hanged for piracy, we calculate a rate of 0.53 executions per year of the 15 year period from 18 01 to 18 15 and 0.93 per year from 18 16 to 18 30.
We then looked at the 15 years from 18 31 to 18 45 when the last execution in the state before Washington goods was carried out.
During that time period, there were only four non pirate executions.
That works out to a rate of 0.27 executions per year, which is an enormous drop in the preceding period.

[44:55] Anti death penalty advocates had reason to be optimistic before Washington goods execution in 18 49 nobody had been executed in Massachusetts for a simple murder since 18 30.
As we mentioned, we’re counting piracy separately, and there been nine hangings for piracy.
Three men who were convicted of arson were executed and one man who was convicted of the heinous rape and murder.
But nobody up until that point had been executed for a simple murder since a young man named John Nap in 18 30.
Even Albert Carol, the subject of our 43rd episode, called The Case of the some Nampula ist was not put to death.
He had murdered Maria Bickford with a knife, nearly decapitating her. Then he set fire to the body.
At trial, his defense attorney cleaned that he had committed the crime while sleepwalking, and he avoided the gallows.
An article in a journal called The Prisoner’s Friend that was dedicated to penal reform and abolishing the death penalty compared good sentence to that of Terrell and other recent high profile murder cases.

[45:58] Yes, Washington Vale must die that are too vulgar to excite compassion.
What misery There isn’t being vulgar. A little romance might help me much head Still, business fares Polly Bodine and crept into a sister’s chamber and burned her to death. Then there might be hope for perhaps the 12 might not agree.
Or has there been a learned doctor with extensive practice and known how to drug a brandy prepared for a friend and benefactor who had kindly lengthy money and hid his body under a woodpile like cakes were not quite so bad.
My life might then be spent in making doorstops or hammering kerb stones useful work, or had still found myself a midnight where a wife could not follow.
And in my haste to depart had slain my partner and set fire to her chamber.
Mental infirmity might have a kind word to utter and call the a sleepwalker work done into Latin and given the out as a somnambulist, there would be little danger for the neck, and December might be pleasanter than may.

[47:01] When so many white men who faced murder charges were convicted of lesser crimes pardoned or have their death sentences commuted.
There was widespread outrage at the decision to hang Washington good.
Even the same week Good was sentenced to die. Ah, murderer named August Duty had his sentence commuted from death to life in prison.
Which brings us back to the beginning of the story and the seven foot long scroll containing signatures that was found in Concord.

[47:28] After the sentence, opponents of the death penalty formed a committee to lobby for goods life.
They started by posting a handbill around Boston titled Shall He Be Hung?
A version of it appeared in William Lloyd Garrison’s abolitionist newspaper, The Liberator, and other papers.
Public meetings were held at the Tremont Temple in Boston and churches around the state.
An open letter to Governor Briggs said, Sir, heaven spare your reputation and your counsel and your posterity, for I fear the very earth will cease before the stain be washed out.

[48:05] Under the names of well known ministers and prominent abolitionists like Wendell Phillips, Samuel May and Frederick Douglass himself, letters were circulated to towns around the state soliciting petitions against goods execution.
Some towns used the boilerplate language that was included with the letter, while others wrote their own petitions.
In Concord, the petition described the impending execution of Washington good as,
a crime in which we would under no circumstances participate, which we would prevent if possible, and in the guilt of which we will not, by seeming ascent of silence, suffer ourselves to be implicated.
Research by the thorough Society indicates that the conquered petition might have been circulated by Anna Maria Witting, an abolitionist at a subscriber to the anti death penalty publication Prisoners Friend.
Along with the signature of Henry David Thoreau, the Concord petition bears the signature of five members of his immediate family.
Ellen Emerson signed it, and there’s a signature that might have belonged to her father with Ralph Waldo.
In all, over 400 residents of the town signed the petition over 20% of the population of the town.
On the Concord petition, as on many of the surviving petitions, the names air collected into two columns, the men are on the left and the women are on the right because, of course, only the men could vote.
So politicians only needed to really pay attention to them.

[49:30] In all, 100 30 towns in Massachusetts submitted petitions to the governor.
Today. Of course, there are 351 cities and towns in the Commonwealth.
46 of those were added since 18 49. So at the time there were 305 towns, which means that over 40% of talents participated in the petition campaign in some way.
Among all the petitions, 24,440 signatures were submitted by Massachusetts residents.
There were a few additional petitions from places outside the state, including goods birthplace of Mercersburg, Pennsylvania.
But of course, those signatures weren’t counted.

[50:06] You might ask what opposing public opinion looked like. There was, in fact, a petition campaign in favour of Washington goods. Execution by death penalty proponents.
The only town that actually submitted a petition in favour of the hanging was Woburn.
It misspelled the word execution.
There were nine signatures attached when all was said and done.
Governor Briggs agreed to a commutation hearing on April 25th.
After hearing testimony, the governor declined to commute good sentence, and the execution date was set for one month in the future.

[50:43] From the first English settlement of the Massachusetts Bay Colony. Through the early 18 hundreds, all executions in Massachusetts were held publicly in response to the growing campaign against the death penalty.
Executions in mid 19th century Boston began to be carried out privately.
Critics said that moving executions to private settings had the effective moving them out of sight and out of mind inspiring.
An 18 49 poem Put the scaffold on the common where the multitude can meet and all the schools and ladies summon, Let them all enjoy the treat.
What’s the use of being private? Hanging is a righteous cause.
Men should witness what you drive that when you execute the laws.

[51:28] When Washington goods execution was scheduled for May 25th 18 49 in the prison yard at the Leverage Street Jail in the West End, an editorial in the prisoner’s friend decried the private hanging.

[51:42] But again, I would not sanction murder in any form.
But I do solemnly believe that the murder, which your victim is said to have committed for you are not absolutely certain that you’ve got the right man,
would never have half the corrupting influence upon the community that your legal murder were have on the 25th day of May.
It may be done privately, but what of that?
Even the most senseless who can put a thought to a thought must see through this thin gauze of your lawmakers that they are ashamed of their own work.
What, sir, you proposed to benefit the Commonwealth and all future generations. And yet your work must be done privately.
No in Heaven’s name. Let the DB done on our common at the most holy time and by the most holy Men.

[52:32] Of Review, conducted by your Baptist brethren in England, recommends that the execution police be ST Paul’s Cathedral or Westminster Abbey, and that a bishop or archbishop be the hangman.
Do not sculpt behind the stone walls of a miserable jail, and there coolly put your victim to the torture.
Give us the broad day and the public highway. In fact, why not have it during the religious anniversaries?
Would it not give a zest to the services of that Holy Week?
Let all the benevolent societies pause and all the Sabbath schools be assembled.
Let it have all its sanctifying influences, especially as this will probably be the last man for you would not have hung a woman and perchance not even a white man,
and possibly not even a man of wealth and possibly not even done this deed at all.
But it has been covertly hinted to me that a few votes were lost last year because no one was executed. But let that pass.
The night before the execution, Good met with his clergyman, maintaining his innocence until the end.
It was standard operating procedure to post a guard on suicide watch outside the cell of the condemned. On the eve of his execution, William Lloyd Garrison’s newspaper, The Liberator, carried on account of goods last night on Earth.

[53:54] At about 12 o’clock, the officer discovered that good. It attempted to commit suicide by cutting the veins at the elbow by swallowing a large quantity of tobacco and paper and by stuffing his blanket into his mouth.
Assistance was called in. The flow of blood stopped, though he was left in a very weak state.

[54:13] Could. It first swallowed tobacco and other substances to try to poison himself, then used a shard of glass to open the veins in his arms, then tried to smother himself by swallowing part of his blanket.
A doctor saved his life. The state would not be denied its vengeance.
After the doctor stop the flow of blood, Good spent the rest of the night alternating between vomiting and sleeping fitfully.
At 7 a.m. He was awakened. A Reverend Taylor prayed for his forgiveness in the next life, while good slipped in and out of consciousness due to the blood loss, actives had raised the idea of using one of the newly discovered an esti jizz on condemned prisoners.
The law said that the punishment of death shall be inflicted by hanging the convict by the neck until he is dead.
But it didn’t say that he had to be conscious. The prisoner’s friend, always sympathetic to a convict, argued that ether or chloroform should be used to render a prisoner insensible to pain.
The sentence of death could be carried out without unnecessary pain and suffering.

[55:16] The question now arises. How shall the hanging be performed here in Boston Since the last execution among us, the either discovery has taken place.
Ether or chloroform, is now universally used by surgeons and painful operations shall not the convict share also the advantages of this benign discovery.
He is to be hanged by the neck. Shall not this be done with the least possible pain?
If we follow the spirit of the law, there would seem to be no doubt that it must be done with the least possible pain.
And, it seems, seems equally clear that it is within the discretion of the sheriff to permit any form of alleviating the pain, which is consistent with one thing opposed upon him by the law, namely the hanging of good by the neck until he is dead.
We will not undertake to determine whether humanity does not require that the convict, if he chooses, shall be allowed the benefit of either.
We content ourselves with saying that is clearly within the discretion of the sheriff to permit the pains of the convict to be thus alleviated.

[56:18] At 8 45 it was time for the sheriff and guards to lead Washington good in a procession to the gallows.
But good couldn’t stand up or even keep his eyes open.
No either was administered, but it was unclear whether Good was fully conscious anyway.
He was strapped to a chair, and the chair was carried to the scaffold by two guards.
About 100 witnesses observed the execution from the prison yard, while hundreds more crowded into windows and on rooftops in the surrounding streets.
The book Rights of Execution describes the final spectacle.

[56:54] The condemned man requested water, and at 9 30 the sheriff led the procession to the gallows. With good carried by two constables.
He was lifted onto the platform, placed over the drop and have the rope adjusted around his neck.
Sheriff ever left, read the warrant signed by the governor, who was reported to be out of town. Attending about this convention in Philadelphia.
The sheriff asked good if he had any last words, but the sailor only moaned.
His eyes were up, turned toward the skies and fixed vacantly upon the void above. When the deputy sheriff drew a white hood over goods face.
At 9 45 the drop fell and goods body still fastened to the chair plunged several feet.
Those nearest the gallows heard the next. Now the body hangs 25 minutes before physicians examined it and pronounced good dead.
The next day’s newspapers reported the terrible spectacle of a man too weak to stand being strapped to a chair and hanged.
The Boston Herald’s headline screamed Leverett Street tragedy!
The Boston investigator said. Washington good is a colored man, and here ends all reasons for hanging him.

[58:10] Frederick Douglass is paper, the Rochester North Star said. May this be the last time that Massachusetts thus disgraces herself in the eyes of the thinking and the humane.
With this outpouring of emotion, death penalty opponents had reason to be optimistic.
Washington Goods Death prompted hopeful editorials like this one in the Boston pilot.

[58:31] The hanging of Washington Good, A colored man in Boston last week for the murder of Harding in a drunken row, has created a vehement discussion between the friends and opponents of capital punishment.
The advocates of hanging argued that society cannot get on without it. That it is necessary is a terror to evildoers and a protection to the community.
This is only a question of time. Once upon a time, not long ago, a man would be hanged for stealing a sheep and for forgery.
Time has rectified that legislative brutality, scuffing Lee.
In a little time, Justice will be ashamed to remember that she used to strangle poor devils with their white fingers for the good of society.

[59:13] In the years following Washington goods death, the rate of non piracy executions in Massachusetts began to creep back up again.
From 18 46 to 18 60 there were six, including good himself.
In the period from 18 61 to 18 75 10 executions were carried out.

[59:32] In a tragic irony, the movement against the death penalty and petitions in support of Washington good may well have led to an increase in the number of executions in Massachusetts.
If the argument against executing good had been that the death penalty was applied unfairly to black defendants, certainly the remedy would be toe hang. More white men.

[59:53] The year after Good was executed, John White Webster, an educated, politically connected professor at Harvard Medical School, was sentenced to death for killing his friend George Parkman, one of the richest men of his era.
When Parkman went to collect a debt from Webster, the latter man flew into a rage beating apartment to death with a fireplace poker.
Then, perhaps panicking, he dismembered the body, burned parts in his furnace, attempted to dissolve others with acid and dumped more down his privy when a janitor discovered the remains.
All that was recovered with half a torso, most of one leg, part of the second, a pelvis and a badly burned jawbone.

[1:00:37] You can hear the whole story of Webster’s crime and trial in Episode 24.
But after he was convicted and sentenced to death, his influential friends began to lobby the governor on his behalf, insisting that a prison term was more appropriate for a man of his wealth and class than a hangman’s rope.
However, Governor Briggs was feeling pressure from the other side as well.
The Fall River weekly news carried an editorial warning Briggs of the political consequences of commuting Webster sentence if any delays, misgivings or symptoms of mercy are manifested.
The gym. It’d body of Washington good will be paraded before the mind’s eye of His Excellency if he relents. In this case, though, the entire population of the state petitioned for a remission of sentence.
Governor brings will forfeit. All claimed to public respect is a high minded, honorable and impartial chief magistrate.
He can do one of two things and retain his character as a man in a public servant, resigned his office or let the law take its course.

[1:01:42] Brings let the law take its course, and Webster was hanged.
However, in a political compromise, brings led the effort to restrict the use of the death penalty to Onley cases of first degree murder.
In 18 52 he was successful. The Massachusetts General Court passed a bill that outlawed the use of capital punishment for rape, arson and treason against the state.
It would remain the ultimate punishment for murder for over a century.
Until 1951 the death penalty was required upon conviction for first degree murder.
Although governors frequently commuted the sentence to life in prison, the last executions to actually be carried out in Massachusetts took place at Charlestown State Penitentiary in 1947.
Since the 19 seventies, capital punishment has seen a complicated legal history in the Commonwealth of Massachusetts, as it has across the nation.
In 1972 the U. S Supreme Court ruled in the case of Furman v. Georgia that the death penalty was applied inconsistently and arbitrarily and struck down all death penalty laws in the country until they could be rewritten in a way the court deemed fair.
Massachusetts reinstated the death penalty in 1982 under this ruling, but no death sentences were carried out before the Massachusetts Supreme Judicial Court ruled two years later that it could not be applied fairly in the Commonwealth and was thus unconstitutional.

[1:03:07] In 1997 a 10 year old Cambridge boy named Jeffrey Curley was kidnapped, raped, murdered and dumped in a river in Maine.
In the months that followed, the state was swept with rage against the pedophiles who had murdered him.
Public opinion began swinging in favor of capital punishment, and thousands of people signed a petition in favour of bringing it back.
Bob Curly, Jeffrey’s father, was very out spoken in leading the campaign to bring back the death penalty.

[1:03:36] The bill that followed nearly passed. It was defeated by only a single vote in the House of Representatives.
A few years later, citing the inherent imperfections in the justice system, Bob Curly publicly reversed his position and renounced the death penalty.

[1:03:54] The debate was briefly reignited by the 2000 and 13 Boston Marathon bombing case, when federal prosecutors announced that they would seek the death penalty for Dzhokhar Tsarnaev.
They were in opposition to over 55 years of tradition, public opinion in Massachusetts and the wishes of the victim’s families.
The parents of Martin Richards, the youngest victim killed in the bombing, spoke out against seeking the death penalty, as did several survivors who lost limbs at the time.
On Lee, 30% of the state supported the death penalty in general, and just 15% believed that Tsarnaev should be executed.
Twice since the bombing, a state representative from Willington has put forward a bill to reinstate the death penalty in Massachusetts.
It quietly failed by a vote of 110 to 46 in 2015 and seems unlikely to make it out of committee this time.

Jake Intro:
[1:04:51] Well, that about wraps it up for this week to learn more about Mariah, Phyllis or Washington.
Good, check out this week’s show notes at hub history dot com slash 182 We’ll have links to all the primary sources we used in preparing both segments.
And, of course, we’ll have links to information about our upcoming event. And Kevin Lynch is the image of the city, this week’s Boston Book Club pick.

[1:05:16] Before I sign off, I want to share a nice email that we got recently from a reader named Robert.
During the early weeks of this experiment in social distancing, he wrote, Hi, Jake and Mickey.
I found Hub history via wanting to refresh my memory concerning the Spanish flu outbreak in 1918.
Having read a book about it some time ago, I’ve been listening to many episodes here in lock down, working around the house, cherry picking favorite topics rather than doing them in order.
This morning I learned just how scandalous the Charleston dance waas and what Wonderland Park originally Waas, your podcast is excellent. Thank you for doing it.
I picture you two under The blanket is described in your casual episode from 2017.

[1:05:59] Thanks a lot for your kind words, Robert, but just for the record were not huddled under a blanket anymore.
Ah, current vocal booth consists of an old moving pad tripped over a TV stand. Fancy.

[1:06:12] Listen, we love getting listener feedback. Like Roberts email. We’re happy to hear your episode suggestions, factual corrections, alternate sources that we missed and anything you care to share.
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Music

Jake Intro:
[1:06:53] That’s all for now. Stay safe out there, listeners.