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Law in Popular Culture collection

The Complete Newgate Calendar
Volume II

JOHN SMITH

Convicted of Robbery, reprieved while actually hanging
uponthe Scaffold, 24th of December, I 705, and afterwards
had two other Escapes from Death

THOUGH the crimes committed by this man were not
marked with particular atrocity, nor his life sufficiently
remarkable for a place in these volumes, yet the circumstances
attending his fate at the place of execution are perhaps
more singular than any we may have to record.
   He was the son of a farmer at Malton, about fifteen
miles from the city of York, who bound him apprentice
to a packer in London, with whom he served out his time,
and afterwards worked as a journeyman. He then went
to sea in a merchantman, after which he entered on board a
man-of-war, and was at the famous expedition against Vigo;
but on the return from that expedition he was discharged.
   He had not been long disengaged from the naval service
when he enlisted as a soldier in the regiment of guards com-
manded by Lord Cutts; but in this station he soon made
bad connections, and engaged with some of his dissolute
companions as a housebreaker.
   On the 5th of December, 1705, he was arraigned on four
different indictments, on two of which he was convicted,
and received sentence of death. While he lay under sentence
he seemed very little affected with his situation, absolutely
depending on a reprieve, through the interest of his friends.
However, an order came for his execution on the 24th
day of the same month, in consequence of which he was
carried to Tyburn, where he performed his devotions, and

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was turned off in the usual manner; but when he had hung
nearly fifteen minutes the people present cried out: " A
reprieve! " On this the malefactor was cut down, and being
conveyed to a house in the neighbourhood, soon recovered,
in consequence of bleeding and other proper applications.
   When he had perfectly recovered his senses he was
asked what were his feelings at the time of execution ; to
which he repeatedly replied, in substance, as follows. When
he was turned off, he for some time was sensible of very
great pain, occasioned by the weight of his body, and felt
his spirits in a strange commotion, violently pressing
upwards. That having forced their way to his head, he as
it were saw a great blaze, or glaring light, which seemed
to go out at his eyes with a flash, and then he lost all sense
of pain. That after he was cut down, and began to come to
himself, the blood and spirits, forcing themselves into their
former channels, put him, by a sort of pricking or shooting,
to such intolerable pain that he could have wished those
hanged who had cut him down. From this circumstance
he was called " Half-hanged Smith."
   After this narrow escape from the grave, Smith pleaded
to his pardon on the 20th of February; yet such was his
propensity to evil deeds that he returned to his former
practices, and, being again apprehended, was tried at the
Old Bailey for housebreaking; but some difficulties arising
in the case, the jury brought in a special verdict, in con-
sequence of which the affair was left to the opinion of the
twelve judges, who determined in favour of the prisoner.
   After this second extraordinary escape he was a third
time indicted ; but the prosecutor happening to die before
the day of trial, he once more obtained that liberty which
his conduct showed he had not deserved.
   We have no account what became of this man after this
third remarkable incident in his favour; but Christian
charity inclines us to hope that he made a proper use of
the singular dispensations of Providence evidenced in his
own person.
   It was not unfrequently the case that, in Dublin, men

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were formerly seen walking about who, it was known, had
been sentenced to suffer the extreme penalty of the law, and
upon whom, strange as it may appear to unenlightened
eyes, the sentence had been carried out. The custom
was that the body should hang only half-an-hour; and, in
a mistaken lenity, the sheriff, in whose hands was entrusted
the execution of the law, would look away after the prisoner
had been turned off, while the friends of the culprit would
hold up their companion by the waistband of his breeches,
so that the rope should not press upon his throat. They
would, at the expiration of the usual time, thrust their
" deceased " friend into a cart, in which they would gallop
him over all the stones and rough ground they came near,
which was supposed to be a never-failing recipe in order to
revive him, professedly - and indeed in reality - with the
intention of " waking " him.
   An anecdote is related of a fellow named Mahony, who
had been convicted of the murder of a Connaught man in
one of the numerous Munster and Connaught wars, and
whose execution had been managed in the manner above
described, who, being put into the cart in a coffin by his
Munster friends, on his way home was so revived, and so
overjoyed at finding himself still alive, that he sat upright
and gave three hearty cheers, by way of assuring his friends
of his safety. A " jontleman " who was shocked at this
indecent conduct in his defunct companion, and who was,
besides, afraid of their scheme being discovered and thwarted,
immediately, with the sapling which he carried, hit him a
thump on the head, which effectually silenced his self-
congratulations. On their arrival at home they found that
the "friendly" warning which had been given to the poor
wretch had been more effectual than the hangman's rope;
and the wailings and lamentations which had been employed
at the place of execution to drown the encouraging cries
of the aiders of the criminal's escape were called forth in
reality at his wake on the same night, It was afterwards a
matter of doubt whether the fellow who dealt the unfortunate
blow ought not to have been charged with the murder of

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his half-hanged companion; but, a justice being consulted, 
it was thought one could be successfully charged with the
murder of a man who was dead in the law.

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Newgate Calendar Vol. II Table of Contents / The Complete Newgate Calendar