''The Forgiving Gallow's''

Based on a true story about the unsuccessful atempt By James Berry, chief excecutioner in 1884 of the convicted muderer John Lee (The Babacome Murder) in Exeter Prison.

'The Forgiving Gallows'

'A short Story By Will Neill'

The unseasonable February sunshine brought a crispness to the air, James Berry shrugged his shoulders and turned the collar up on his over coat, he could feel the coldness on his face. He hadn’t slept well the previous night, the circumstances of the past day had played heavily on his mind. He felt tired and irritable and had no stomach for breakfast. His meeting with the prison board was scheduled for 9.30 am, in his mind he had run over all that had happened at dawn. And yet he could still not work out a valid reason as to what had occurred. He dared not expose his inner most fears that he had suffered since his commission of chief executioner to the city of London and County of Middlesex. Anxieties, or unsettling visions of his equipment failing.

Since he had become friendly with William Marwood who had held the post from 1863 he had stood in with him on quite a few hangings while he was still a constable of West Riding police constabulary. His ten year experience in the force was a welcome aid to the old man who relied more on him to assist as he reached his last years in the job. During that time he had taught Berry all the tricks of the trade, so to speak and was confident that he would in fact succeed him.

Just before the old mans death in September1883, the previous year, he had been asked to dine at his house in Berkley Square, a foreboding dwelling in an affluent part of south London. Berry 's meager salary was no match to that of Marwoods and only allowed him room and board in a small lodgings close to Soho. His two day stay there was in connection to the hanging of two convicted murders in Newgate Prison. Both men had visited the gallows that afternoon and had tested the equipment with sandbags that were as close to the prisoners weights as possible. Everything had went well, on completion Marwood had suggested that they should meet for dinner that evening around 8pm. He would arrange for a handsome cab to pick him up at 7.45pm. This provision would be a welcome diversion for Berry from the hustle and bustle of his current location and provide a chance to discuss the next days forthcoming executions in a more relaxed venue . True to Marwood's word the Cab arrived as promised.

The fifteen minute drive across to Berkley square was without incident, the driver a small round man with cheeks as red as spring apples and an ill fitting black bowler hat offered little conversation during the journey other than the state of the evenings weather. Berry paid little heed to his small talk preferring to take a pinch of snuff and enjoy a small well rolled cheroot. The only vice's he allowed him self lately. He found alcohol blurred the senses and made rational men unreasoning. He liked to be as sharp as he could while on commission by the crown.

When they arrived at Marwood's residence the driver alighted and paid courtesy by opening the carriage door.

Berry offered him a penny tip for his efforts but it was politely refused. 'No sir' he said tipping his hat , 'Both fare and gratuity have been allowed for this night, but I thank thee kindly'

Berry smiled back to him then turned to face the steps leading to the elegant front door. He hesitated briefly before using the brass knocker, taking a few seconds to adjust his cravat and stub out his smoke. Happy he was now presentable he reached up and gently tapped the hand grip twice.

The sound reverberated with a loud hallow thud into the empty hallway,he gave pause briefly,a moment passed, he could hear footsteps approaching before his third strike could be charged.

A tall thin man servant with graying sideburns and a receding hair line opened the door, he offered him entrance with his arm without speaking. Berry stepped into a warm lobby, he could feel the heat of the light mantels on his cheeks, the hallway was well lit accentuating the expensive floral wallpaper. 'It seems there is profit in death' he whispered quietly to himself.

'Your Coat and Hat Sir' the servant asked him bowing slightly.

Berry removed both,then adjusted his attire. 'This way sir, please follow me'

The well dressed butler lead him through two double doors that opened into a spacious dining room, an ornate crystal gas chandelier hung center above a lengthy polished oak dining table. Six high back chairs of similar wood lined each side like soldiers standing to attention. Apart from two place settings and a vase of flowers the table was empty.

The butler moved out the seat right of the tables head and waited till Berry had seated before assisting him forward.

'May I smoke while I wait?' Berry asked, the servant nodded in agreement.

'I will fetch you an ash tray directly sir'

'Thank you'

'Do you require anything else?'

'No, that will be all'

'Very good sir, I will announce your arrival with the master'

Berry nodded before striking a light to his cheroot, a plume of smoke and sulphur drifted upward and whispered around the gas ceiling light. He felt the kick of the tobacco fill his throat and lungs it made him feel mellow with contentment.

'My good fellow' a voice from behind him spoke, Sir William Marwood had entered the room carrying a silver ash tray. 'I believe this for you James'

'Thank you'

Marwoods petite stature in no way reflected his important post of chief executioner, one may expect a tall man with broad shoulders for such a high profile position, yet here was a small man with a quiet demeanor and thin of face. His sleepy eyes lacked color as did his complexion. Maybe his trait was how he dealt with his work. Berry felt that because they had similar attitudes this was why he had been chosen to succeed him, and why they had become such good friends. The job did need a cool disposition, outwardly they were opposites but both men steeled themselves and took pride in their occupation, of that he was sure.

Berry relied on his strict Methodist upbringing to justify his actions, they had murdered and so must they pay for breaking god's holy commandment. ''An eye for an eye'' was his resounding fortitude '' Thou shalt not kill''

gave him his credence to follow his routine of 'restraint,noose,hood and finally lever. Sending all accused on the 'Long Drop' a technique perfected by Marwood. That final legal instrument of the courts, applied still by his mentor until he retired. Both men had honed the death to a mere 12 seconds from when the condemned set foot on the gallows till the final drop, the opening of the trapdoors. Overseen by a pastor or priest depending on their choice of religion.

'And how do you find yourself this evening Jame's'

'In fine health, thank you William, and looking forward to supper'

'Good, Good, may I offer you a glass of wine before we eat'

Berry raised his hand politely refusing the offer reminding Marwood of his choice not to consume any alcohol until his work was completed. Sir William respected his wishes and poured some water into his crystal drinking glass.

For the next hour they dined on fresh mussels and quail, Marwood had downed a carafe of wine single handed and had slowly become less consistent with his muse of interesting conversation. When at last they retired to the smoking room Berry broached the subject off the following days executions. Marwood brushed them off with a drunk hand wave while pouring out a generous measure of brandy for himself.

'The noose has been tried and tested thrice today James, it will give us no trouble tomorrow, of that I will wager'

James smiled at his friend, he enjoyed his company and his generosity, his full stomach paid homage to both.

Rarely did he dine so well.

'How many is it now William'

'Including the two tomorrow James, 171 men and women I will have sent to meet their maker'

'That many!'

'Only just today I have been telegraphed that we must go to Dublin next week James'

Berry raised an eyebrow and adjusted his posture in his seat, this was news to him.

'Have you been following the papers lately Jame's?'

'To what concern'

'The concern of the five scoundrels found guilty of the despicable murders of the permanent under secretary to Ireland Thomas Henry Burke and lord Frederick Cavendish chief Secretary. You will have read no doubt their affiliation to the Irish National Invincible's And the barbaric way in which they carried out their wretched act with surgical knives. We are to dispatch them at Kilimainham gaol. This will bring my total to 176, a good round number would you not agree'

Berry agreed wholeheartedly little knowing that their journey to Ireland would be their last commission together.

Berry checked his pocket watch, it was 9.10am he had twenty minutes before his meeting would commence, and although he had not eaten, or had the desire to do so he took a small totty of Irish whiskey to calm his nerves from a small hip flask, only for this occasion. Questioning would be tense and personal of that he was sure, answers would be expected. Resolutions of which he had wrecked his brain to find, but in the end he could offer no plausible excuse. For his fee of 20 guineas plus bed and board he had administrated and had did what had been expected of him.

As to why the gallows failed he had no rational solution.

Berry crossed the courtyard with a steady pace, his shoulders straight and firm, he would not falter nor disgrace himself instead he would be honest and forthcoming with all his answers.

In the west corner of Exeter jail an old horse shed had been converted into the chamber of execution, Berry glanced at it briefly as he passed instantly reliving the past day's outcome. He felt his mouth dry up and the onset of a headache as he entered the governors office. Henry M James under sheriff of Devonshire was already seated and in deep conversation with the chaplain who had attended the death penalty commencement. Both acknowledged him before returning to their respective seats. To his left in double pews ten reporters frenzied themselves with note books and pencils eager to gain their scoop.

Berry took his chair as instructed by the fiduciary behind a large teak desk, a jug of water and a glass was placed before him and the room fell into a sudden silence.

Henry Jame's rose and paid his respects to the governor.

'Thank you all for attending' the Sheriff began.

'We are gathered here to day because of the distasteful turn of events that occurred yesterday at dawn, as we all know from the court case transcripts and papers John Lee stood accused of the murder of his employer Emma Ann Whitehead Keyse.

A petty thief before the kindness of her gave him occupation of laborer on her estate, a kindness he re-payed with malice after she docked his wages to half when he had come under suspicion again of stealing. You are familiar with the case Mr Berry are you not?'

'I am'

' In your own words then tell us how we have arrived at this unfortunate occurrence and the series of events leading up to today' with this Henry James took his seat and allowed Berry to rise. Berry cleared his throat and drank a sip of water before beginning.

'Some months ago long before I was commissioned to carry out Lee's execution I took an interest into the ''Babacome murders'' as reported by the papers. According to the columns Miss Keyse was a former maid of honor as well as a friend of Queen Victoria. She was found battered to death, her oil-soaked clothing on fire,in her dining room on the the night of the 15^th of November 1884. Among the servants at 'The Glen' the house where she lived in Babacombe Devon, were her footman John Lee , and his half sister Elizabeth Harris,the cook.

It was Harris who gave the alarm and was the main witness at Exeter Assizes the next month. Harris testified that she had woken in her smoke filled room, made her way to the dinning room and found the body. Her mistress's head and been battered in and her torso doused in lamp oil that had been ignited in an apparent attempt to hide the crime'

' And where was Lee at this point' asked the Chaplin.

Berry turned to where he was sitting, ' May I?' he pointed to the glass of water.

'Of course' answered the prisons governor,' Please take your time'

His thirst quenched Berry continued. ' Lee had emerged from the pantry adjoining the dining room, smashed a window to let out the smoke and cut away burning wood and fabrics with a knife and chopper. He is reported to have steadied one of the maids who had become faint at the horrible sight'

Berry paused briefly and allowed the room to digest his words, his headache by now had moved to a dull throb.

' During the police investigation a great deal of circumstantial evidence built up against Lee, his bloodstained clothing had hairs similar to his employer found on them, the knife and chopper were also covered in blood, The maid whom he had helped in faint found stains on her night attire where he had touched her. Also a half full can of lamp oil was found in his pantry. The very proximity of the pantry to the murder scene told against him. But yet he had made no attempt to escape even though he had ample time before the alarm was raised. He himself at his trial spoke in his defense stating '' I helped carry my mistress's body that would account for the hairs and blood stains'' to be fair to him when I read more about this case it is believable that since he had gashed his hand smashing the window some of the blood could have been his own, both chopper and knife were his and although the chopper may have been used in the murder, equally it may not have been.

He has protested his innocence throughout but the prosecution claimed he had a motive because Miss Keyse had cut his wages, on all this evidence he was found guilty'

Berry checked his pocket watch while his audience rumored among themselves in the room, a half hour had passed since he had began with his recollection. He noticed the Sheriff ascending to his feet and shush the room 'Silent, please'-he barked.

'And you were commissioned to carry out the judges verdict of death by hanging?'

'That is correct' Berry answered.

'Did you think he was innocent?'

'That sir is not for me to say ' Berry replied, 'I am merely employed by the crown to carry out the penalty,that is all I will do, I do not make it personal'

'And on the yester morning did you not speak to the condemned'

' I did not sir'

' But I saw the man lean forward when you placed the hood upon his head, I heard him speak to you in a light manner'

Berry did not answer, yet he looked agitated and uncomfortable by the questioning.

'I will ask you again my good man' the sheriff's tone of voice was now noticeably higher ' What did he say to you!?'

Berry's hesitation was obvious, his demeanor more awkward, a wave of voices filled the room. 'He said, ''you have dreamed it too, haven’t you''

'And what was your reply to this strange question?'

'None sir'

'You look shaken Mr Berry are you feeling well?'

'I am fine Sheriff, I did not sleep well last night is all'

' Please then continue'

' After applying the hood I stepped back and kicked the retaining pin from it's slot, once it was out I pulled the lever, a thunderous sound was heard as the bolts slammed back. I was astounded when the doors failed to open'

'And then what did you do next? Mr Berry'

'I pulled on lever once more as hard as I could to the point I bent it, again the doors failed'

'We heard the accused shout something at this point do you recall what that was'

'I do'

'Please then for the benefit of the press, and us repeat what he said sir'

Once more Berry drank from his glass then looked to the reporters as requested. ' He shouted-'' I told you! I will not die this day! I am an innocent man and god will not allow an innocent man to be hanged '' I then ordered that he be removed back to his cell until I checked the equipment again. I had the carpenter plane the traps and oil the bolts, I had earlier expressed my concerns about how it was constructed but I was assured that it had performed well on previous occasions lately, and it did work when I tested it on the evening before',

' Did you speak to Lee again yesterday?' the Governor asked him.

'I did , he was shaken and as white as a ghost, he asked for another breakfast and it was supplied while the carpenter carried out my instructions. I told him I was bound by duty to put him to death and that I would carry out my authorization by the crown. He repeated again while eating ''I am innocent, you cannot hang me this day, you will see, your dream foretold of this outcome as did mine ,you cannot deny it''

' Have you now completed your tests Mr Berry' asked Sheriff James.

'I have, by four times last evening, each one a success' answered Berry.

'Then what is your recommendation'

' That we should carry out the judges verdict-death by hanging'

'Very well' confirmed the Sheriff ' Bring John lee to the Gallows once more' he ordered the guard .

James Berry,and the attending witnesses filed quietly out into the cool morning towards the shed, inside the smell of horses still lingered in the stale air. The gathering congregated below the instrument of execution in quiet assembly as John Lee was ushered in, his face ashen. Only Berry and the Chaplin led him up the steps towards the noose.

Once in position Berry followed his tried and tested routine while the Chaplin facing Lee recited the last rites, First he strapped both legs and arms with a leather restraint, the noose was then placed around Lee's neck. There after a white linen hood was put over his head. He was ready.

Berry waited briefly for the Chaplin to finish, he then kicked away the retaining pin and pulled the lever.

A thunderous sound of bolts slamming back was heard.

The trapdoors for the third time failed to open.

Will Neill 2013

~Footnote.

John Lee (inset picture) never hanged, instead his sentence was commuted to twenty years, upon his released in 1905 He later married a woman who had waited for him, both moved to the United States, he died in 1933 - James Berry (main picture) went on to carry out many more capital punishments as chief executioner, years after the 'Babacome incident he admitted he did have a dream before John Lee's disastrous attempt. Where in that dream his gallows failed. It never happened again. He later designed the ''Standard '' Gallows in collaboration with Lt Col. Alten Beamish of the Royal Engineers. Their design remained in use until the abolition of the death penalty in 1960. James Berry died in 1913.

Based on True Events. Some parts have been altered slightly for the telling of this story, all dates and times including main characters are as factual as records allow.

Author's Note

This Story is based on actual events, all the charcters are real. some minor parts have been altered slightly purely to enhance this story. But all that took place did infact occur--please feel free to do your own research into this history. And I hope I have done it justice. Enjoy.
Will

Reviews

[Woody]

I was ensnared by your captivating story. I suppose stranger things happen at sea (isn't that an expression?) Ive always been fascinated by weird things such as this one. sound like he had a very capable gardian angel.
another great one Will. wonderful storytelling.

[Will Neill]

Woody, Thank you for reading..it would seem that this story is a hard one to sell (as you can see) but I was intriged by it so I thought it needed to be written. I'm not sure if celebrate xmas but if you do I hope you had a good one.
Will.....oh and a happy new year!

[Woody]

no we do not celebrate Xmas (pity, really. I love the way christians celebrate it). but no harm done. thanks. I hope you've had a good one.
and a very happy New Year to you, too.

[Will Neill]

I have a deep respect for all religions and believe we are all the same and born equal and each of us should be free to worship how we please. It is more important to have good friends than to ponder on how they see god. I enjoy reading your stories Woody and I'm glad we are good friends.
Will

[Marie]

Will, you write outstanding stories. "Into TOmorrow" was great. Maybe this one not so much.

[Marie]

Will, this is not a bad story, but it's simply too long. All the background and detail is confusing to the reader.

[Will Neill]

Thanks Marie, I guess I just can't write short pieces. I tried to do it the best I could. But if you enjoyed reading it well then it was worth it.
Will