CHAPTER XI

STRANGE TALES OF THE GALLOWS

At the eastern end of the main street of the village the bridge across

the Susquehanna River commands a view for a short distance up and down

the stream, far enough toward the north to glimpse its source in Otsego

Lake, while to the south Fernleigh House appears, high amid the trees on

the western bank, and the drifting current below is lost in foliage.

Nearer at hand, as seen from the south side of the bridge, Riverbrink

claims the eastern shore. Here stands a solemn-visaged house that looks

down upon the scene of one of the most extraordinary dramas ever enacted

beneath the gallows-tree.

[Illustration: RIVERBRINK]

In the summer of 1805, on the flat a little below the place where the

house now stands, the gibbet was erected for a public execution. The

condemned man was Stephen Arnold, whose crime was committed in

Burlington, in this county, during the previous winter. Arnold was a

school teacher, and having no children of his own, had taken into his

home Betsey Van Amburgh, a child six years of age. An ungovernable

temper added a kind of ferocious zeal to the duty of educating this

child, for it was her inability to pronounce the word "gig" according

to his directions that brought the teacher to the gallows. Betsey

insisted on pronouncing the word as "jig," and declared that she could

not do otherwise. Whereupon Arnold took her out of the house into the

severely cold evening air, and there whipped her naked body until he

himself became cold. He then took her indoors to make her pronounce the

word correctly, which she failed to do; and again she was taken out and

whipped in the same manner. This act of brutality he repeated seven

times, declaring that he "had as lieve whip her to death as not." The

poor child languished four days, and expired.

Arnold's trial was held in June, in Cooperstown. He was speedily

convicted of murder, and sentenced to die.

The date fixed for the execution, Friday, July 19, 1805, was a gala day

in Cooperstown. The infamy of Arnold's crime had stirred public

indignation throughout this section of the State, and the prospect of

witnessing his execution had been eagerly anticipated, through motives

ranging from morbid curiosity to a stern sense of duty, in the most

distant hamlets of the region. By seven o'clock in the morning on the

day fixed for the hanging the main street of Cooperstown was filled with

people who had travelled from so great a distance that not one in twenty

was known to any of the villagers. The concourse increased until shortly

after noon, when, in the village which normally contained about five

hundred people, the crowd included about eight thousand.

The first centre of interest was the county courthouse and jail which

stood at the then western limits of the village, on the southeast corner

of Main and Pioneer streets. The door of the jail was on the Pioneer

street side of the building, and across the way were the stocks and

whipping-post. These rude symbols of justice might well be a terror to

evil doers. A sample of the punishment meted out to petty offenders is

found in the record that in 1791 a local physician was put in the stocks

for having mixed an emetic with the beverage drunk at a ball given at

the Red Lion Inn; and four years later a man was flogged at the

whipping-post, for stealing some pieces of ribbon. Both culprits were

also banished from the village, apropos of which form of punishment

Fenimore Cooper at a later day was moved to remark, "It is to be

regretted that it has fallen into disuse."

The crowds that gathered to witness the hanging of Stephen Arnold filled

the street in the neighborhood of the jail until the prisoner was

brought forth at noon, when some remained to watch the parade, while

others hurried on to the place of execution to secure good points of

view for the spectacle. A procession was formed in front of the court

house under the direction of the sheriff. The ministers of religion and

other gentlemen, preceded by the sheriff on horseback, moved with

funeral music after the prisoner, who was carried on a wagon and guarded

by a battalion of light infantry and a company of artillery. In this

array the procession moved solemnly down the main street and across the

bridge to the place of execution on the east bank of the river. There

stood the gallows; at its foot was a coffin.

The condemned man was assisted to a seat upon his coffin. About him

gathered the parsons, the representatives of the law, and the soldiery.

There was no house on the bank of the river at that time, and the

thousands of spectators were massed in the natural amphitheatre which

rises, and then rose uninterrupted, toward the east, from the shore of

the Susquehanna.

An interested observer who looked down upon the assemblage from the high

western bank of the river has recorded a vivid impression of the beauty

of the scene and the picturesque and emotional qualities of the

occasion.[93] Looking back toward the village, and then sweeping with a

glance the north and east, his eye caught the roofs of buildings covered

with spectators, windows crowded with faces, every surrounding point of

view occupied. The natural amphitheatre across the river was "filled

with all classes and gradations of citizens, from the opulent landlord

to the humble laborer. Blooming nymphs were there and jolly swains,

delicate ladies and spruce gentlemen, fond mothers and affectionate

sisters, prattling children and hoary sages, servile slaves and

imperious masters." In the elevated background of the landscape

carriages appeared filled with people. It was a warm July day, brilliant

with sunshine, and splendid in the greenery of summer foliage. The

throngs of spectators, tier upon tier, as it were, presented a

kaleidoscopic effect of movement and color, in the undulating appearance

of silks and muslins of different hues, as the eye traversed the

multitude; in the swaying and bobbing of hundreds of umbrellas and

parasols of various colors; in the vibration of thousands of fans in

playful mediation, while the death-struggle of a man upon the gallows

was eagerly awaited. In the foreground, on the bank of the Susquehanna,

the gibbet, with the solemn group about it, relieved only by flashes of

color in the military uniforms, and by the gleam of swords and bayonets,

fascinated every eye.

A great silence fell upon the multitude when the preliminaries to the

execution began with a prayer offered by the Rev. Mr. Williams of

Worcester. The Rev. Isaac Lewis, pastor of the Presbyterian church in

Cooperstown, then stood forth to deliver the sermon. Few preachers, even

in the largest centres of life, have occasion to address congregations

numbered by thousands. What an opportunity was here given to an obscure

country parson, when he faced an audience of some eight thousand people!

Mr. Lewis preached upon the subject of the Penitent Thief, taking as his

text the forty-second and forty-third verses of the twenty-third chapter

of St. Luke: "And he said unto Jesus, Lord, remember me when thou comest

into Thy Kingdom. And Jesus said unto him, Verily I say unto thee, Today

shalt thou be with me in Paradise." Nothing is recorded of the sermon

beyond that it was "a pathetic, concise, and excellently adapted

discourse." Elder Vining closed the religious exercises by a solemn

appeal to the throne of grace for mercy and forgiveness, as well for the

vast auditory as for the prisoner.

The condemned man seemed deeply affected, and perfectly resigned to the

justice of his fate. His penitence was manifest, and drew forth tears of

sympathy from the spectators. After the exercises the prisoner seated

himself on the coffin for a short space, when he was informed that if

he wished to say anything to the people he might now have opportunity.

He arose and addressed a few words to the surrounding multitude,

earnestly urging them to be warned by his fatal example to place a

strict guard upon their passions, the fatal indulgence of which had

brought him to the shameful condition in which they beheld him,

notwithstanding he never intended to commit murder. He concluded his

address with these words: "It appears to me that if you will not take

warning at this affecting scene, you would not be warned though one

should arise from the dead."

At the conclusion of this speech the sheriff stepped forward and made

ready for the hanging, finally adjusting the fatal cord, except for

fastening it to the beam of the gallows.

Near by was a palsied crone, so eager to witness the hanging that she

had been carried to the scene in her rocking-chair, which was placed

upon an improvised platform. Here she had rocked to and fro in her chair

during the whole proceeding, until, when the hangman made ready his

noose, the old hag rocked with such nervous violence that she toppled

over backward, chair and all, her neck being broken by the fall.

The prisoner remained apparently absorbed in meditation which was

entirely abstracted from terrestrial objects. The thousands of

spectators waited in silent and gloomy suspense for the final

catastrophe. The sheriff stood forth and addressed to the condemned man

a few remarks pertinent to the occasion.

Having carried the proceedings to this crucial point, the sheriff,

Solomon Martin, then changed his role, and produced from his pocket a

letter from his excellency Morgan Lewis, Governor of the State of New

York, containing directions for a respite of the execution until further

orders, and announcing that a reprieve, in due form, would soon be

forwarded.

It was now long after noon, and the sheriff, having received this letter

at nine o'clock in the morning, had kept it in his pocket during the

entire proceedings, "conceiving it improper to divulge the respite until

the crisis." The sheriff had acted with the advice of a few others who

were let into the secret. Even the attending ministers of religion were

uninformed of the respite until it was dramatically produced upon the

stage. The thing, in fact, outdid all stagecraft, for while it is quite

consistent with the traditions of theatrical art that an execution

should be stayed at the critical moment by the appearance of a furiously

galloping horseman waving a reprieve above his head, probably never

elsewhere in the history of the drama or in the annals of the law has

the official document been produced at the gallows, after the adjustment

of the fatal noose, from the pocket of the hangman!

In the judgment of the sheriff it appeared that since the order for a

respite had arrived too late to forestall the gathering of great

multitudes to witness the hanging, it was equally clear that it had come

too early to be made public at once without causing unnecessary

disappointment to thousands who were still enjoying the ecstasies of

anticipation. So he carried out the original programme to the letter,

going through with all the preliminaries and forms of the execution,

stopping short only of the actual hanging.

When the sheriff made his amazing announcement from the scaffold, the

prisoner swooned, and the whole scene was changed. The prisoner was

reconducted to the jail with the same pomp and bravery of troops and

music that had brought him to the scaffold. The spectators slowly

dispersed, and before sunset the village assumed its accustomed

tranquility.

The next issue of _The Otsego Herald_ asserted that "the proceedings of

the day were opened, progressed, and closed in a manner which reflected

honor on the judiciary, the executive, the clergy, the military, and the

citizens of the county."

Arnold was never hanged. The State legislature commuted his sentence to

imprisonment for life.

Another story of the gallows belongs to a later period. On Friday,

August 24, 1827, the hanging of a man named Strang was witnessed in

Albany by about thirty thousand spectators. Judging from contemporary

accounts, the circumstances of the execution were not edifying. "We are

more than ever convinced," said the _Albany Gazette_, "of the bad effect

of public executions. Scenes of the most disgraceful drunkenness,

gambling, profanity, and almost all kinds of debauchery, were exhibited

in the vicinity of the gallows, and even at the time the culprit was

suffering. We do most sincerely hope that some law may be enacted

requiring that executions shall be performed in private." The _Albany

Argus_ was more hopeful of some moral benefit from the execution.

"Whilst we may question the utility," it said, "of such spectacles,

tending as they do in general, to gratify a morbid curiosity, and to

excite a sympathy for the criminal rather than an abhorrence, and

consequently a prevention of crime; we trust none who were witnesses of

the scene, will forget that this ignominious death was the consequence

of an indulgence of vicious courses and criminal passions."

Preliminary to the hanging there was the usual speech from the gallows.

Addressing the multitude the condemned murderer said he hoped his

execution would lead them to reflect upon the effects of sin and lust,

and induce them to avoid those acts for which he was about to suffer a

painful and ignominious death.

Among the spectators at this hanging was Levi Kelley of Cooperstown,

who, in order to witness the spectacle, had covered a distance of 75

miles, drawn by his favorite team of black horses, a noble span, of

which he was very proud. Kelley was much depressed in spirit by the

dreadful scene at the gallows, and to a friend who accompanied him on

the homeward journey remarked that no one who had ever witnessed such a

melancholy spectacle could ever be guilty of the crime of murder.

In Christ churchyard in Cooperstown, near the southern border of the

burial ground, and about twenty paces from River Street, stands a

tombstone which commemorates a former resident of the village, and is

unusual for the precision of terms in which it records the date of his

decease; for there is inscribed not merely the day, but the very hour,

of death. The inscription reads:

IN MEMORY OF

ABRAHAM SPAFARD

WHO DIED

AT 8 O'CLOCK P. M.

3D. SEPT. 1827

IN THE 49TH YEAR OF

HIS AGE.

THE TRUMP SHALL SOUND

AND THE DEAD SHALL BE RAISED.

The passer-by who suspects a concealed significance in this desire to

emphasize the exact hour of Abraham Spafard's death is not mistaken.

Abraham Spafard was murdered, shot to the heart by Levi Kelley, and died

almost instantly, at 8 o'clock in the evening, September 3, 1827, just

ten days after Kelley had witnessed the hanging in Albany.

The murderer is buried in the same churchyard with his victim. For

Kelley, on the maternal side, was a connection of the Cooper family.

During his imprisonment before and after the trial he was frequently

visited at the jail by Mrs. George Pomeroy, daughter of William Cooper,

a lady noted for her many works of Christian charity, and after Kelley

had paid the penalty of his crime, she brought it about that his body

was interred in the Cooper plot in Christ churchyard, although no stone

was ever raised to mark the place of his burial, and the exact spot is

now unknown.

The murder occurred in the house of Levi Kelley, in which Abraham

Spafard lived as tenant in Pierstown, about three miles north of

Cooperstown. Kelley was noted for his furious outbursts of temper, while

Spafard was of an amiable and peaceable disposition. Kelley violently

attacked a lame boy who was employed about the place, and when Spafard

interposed, Kelley's anger turned against Spafard, so that a struggle

ensued. The evidence at the trial showed that Spafard struck no blow and

committed no violence, using no more force than was necessary for his

defence. He besought Kelley to desist, and at last, unclenching Kelley's

hands from his throat, Spafard retired quietly into the house. Kelley

then ran for his gun, and following Spafard into his room, shot him to

the heart. Kelley's own wife, as well as the members of Spafard's

family, were the terrified witnesses of the murder.

Kelley's trial, which was held in Cooperstown, began on the twenty-first

of November, and was concluded on the next day. The judge in the case

was the Hon. Samuel Nelson, afterward associate justice of the Supreme

Court of the United States. In passing sentence Judge Nelson addressed

to the prisoner a homily which created a deep impression upon the

crowded court room.

The execution of Levi Kelley was attended by an immense concourse of

people. The hanging of a murderer was still regarded by many, in that

day, not only as fit method of punishment, but as offering a spectacle

of great moral and educational value. It was at once a deterrent from

crime and a vindication of the majesty of the law. When the day set for

the execution of Kelley was come, there was many a home in which the

father of the family announced at breakfast that the children must be

duly washed and dressed in Sabbath array, to accompany him, as in duty

bound, to the solemn spectacle. Nor were all attracted to the dreadful

scene by a sense of duty only, perhaps, at a period when public shows

were few.

The gibbet was erected, amid the December snow, at a point about four

hundred feet south of the site occupied by the present High School, very

near, if not in the midst of, what is now Chestnut Street. Christmas Day

was followed by a thaw, and on Friday, the day set for the execution, a

torrent of rain fell during the morning hours. Yet before noon the

village was thronged with a multitude of men, women and children, keenly

anticipating the gruesome tragedy, until more than four thousand people

were gathered about the gallows.

The court-house and jail stood then not far from their present site. The

procession from the jail to the place of execution was conducted with

much military pomp. Two marshals, each mounted on a prancing steed, led

a troop of cavalry, a corps of artillery, and four companies of

infantry. This formidable array of forces, drawn up in a hollow square

at the jail, having enclosed within its ranks the condemned man and the

attending ministers of the Gospel, moved solemnly to the place of

execution. The prisoner, apparently in a feeble state of health, lay

upon a bed in a sleigh drawn by his favorite black horses, the same that

he had driven to Albany to witness the execution of Strang. The

ministers of religion, the Rev. Mr. Potter and the Rev. John Smith,

pastor of the Presbyterian church, rode in state in the two sleighs that

followed.

Near the gallows there had been erected for the accommodation of

spectators a staging one hundred feet in length and twelve feet in

depth, the front being elevated six feet and the rear eight feet from

the ground. From this structure about six hundred people commanded an

excellent view of the gibbet, while some three thousand others, lacking

this advantage, jostled each other, craning their necks, and standing on

tiptoe, to see what was going forward.

The procession from the jail had arrived upon the grounds, and the

solemnities were about to commence, when the staging suddenly gave way

and fell with a tremendous crash. The spectators upon it were plunged

into a confused heap, struggling for freedom amid the broken timbers.

The shrieks and groans that arose from the scrimmage terrified the

assemblage, and the wild rush of anxious friends and relatives toward

the scene of accident resulted almost in a riot. When order had been in

some measure restored the work of rescue began. Between twenty and

thirty persons were drawn forth from the wreckage severely injured.

Elisha C. Tracy, an engraver, was found to be dead, the upper part of

his face being crushed inward to the depth of more than an inch. Daniel

Williams, an elderly man resident at Richfield, had a leg and arm

broken, and died a few hours later. The dead and wounded were carried

from the field, and some of the spectators, having had enough of

tragedy, withdrew.

The ceremonies of the execution then proceeded, although amid an

atmosphere of intense nervous excitement. The condemned man was taken

from his sleigh, and, because of his illness, required assistance in

ascending the gallows. As he stood there, the centre of all eyes, he

seemed a different man from the passionate murderer of Abraham Spafard.

Weak and sick, he looked down upon the multitude assembled to see him

die. His look was one of regretful sympathy because of the unexpected

accident rather than of fear of his own impending fate. "Who are killed;

and how many are injured?" he inquired.

The rope was noosed about Kelley's neck. The Presbyterian minister

stepped forward, and commended the convict's soul to the mercy of God in

a prayer in which Kelley, with bowed head, seemed to participate. Then

the drop fell. After a few twitchings of the limbs, the body quivered,

and hung still. The show was over. The crowd dispersed.

The effect of this exhibition was to give voice to a growing sentiment

against public hangings. The next issue of the _Freeman's Journal_

protested against such spectacles as demoralizing, and suggested a

movement in the State legislature to amend the law. Kelley's was in

fact the last public hanging in Cooperstown.

The execution of Levi Kelley, with its unexpected accompanying

catastrophe, was long the talk of the neighborhood. It was commemorated

by Isaac Squire, an Otsego rhymester, in some verses that are of curious

interest as a survival of the old ballad form in which events were wont

to be celebrated. Many years afterward there were those who recalled

that the doleful lines were committed to memory by some of the village

children, and sung to a droning tune:

LINES ON THE EXECUTION OF LEVI KELLEY.

Part First

In eighteen hundred twenty seven

Poor Kelley broke the law of Heaven;

He murdered his poor tenant there,

Who took his place to work on share.

'Twas early on a Monday night

This horrid scene was brought to light;

He seized his loaded gun in hand,

And with malicious fury ran,

And when about four feet apart,

Alas! he shot him to the heart.

The expiring words, we understand,

Were, "O Lord, I'm a dying man!"

They quickly ran him to relieve,

But death could grant him no reprieve;

He expired almost instantly,

In his affrighted family.

Kelley's indicted for the crime;

Confined in prison for a time;

A murderer here can take no rest,

While guilt lies heavy on his breast.

November on the twenty-first,

For murder of a fellow dust,

He was arraigned before the bar,

And tried by his country there.

Full testimony did appear

That when the Jury came to hear

In verdict they were soon agreed

That he was guilty of this deed.

And in their verdict they did bring

That cause of death was found in him;

The Judge his sentence did declare,

And thus declared him guilty there:

"Your time is set, O do remember,

The twenty-eighth of December,

Between the hours of twelve and three,

Be launched into eternity.

"Your time is short on earth to stay;

Prepare for death without delay;

Though you no pity showed at all,

May God have mercy on your soul."

Part Second.

December on the twenty-eighth

Did Levi Kelley meet his fate;

This awful scene I now relate

Caused thousands there to fear and quake.

Though wet and rainy was the day,

The people thronged from every way;

With anxious thought each came to see

The unhappy fate of poor Kelley.

The day was come, the time drew near,

When the poor prisoner must appear;

The officers they did prepare,

And round him formed a hollow square,

That they with safety might convey

Him to the place of destiny;

The music made a solemn sound

While they marched slowly to the ground.

A scaffold was erected there,

And hundreds on it did repair,

That all thereon might plainly see

The unhappy fate of poor Kelley.

Before they bid this scene adieu,

An awful sight appeared in view.

See, hundreds with the scaffold fall!

And some to rise no more at all

Till the great day when all shall rise,

To their great joy or sad surprise,

And hear their sentence "Doomed to Hell,"

Or, "With the saints in glory dwell."

The wounded here in numbers lie,

And loud for help now some do cry

While others are too faint to speak,

And some in death's cold arms asleep.

The cry was heard once and again

That "Hundreds now we fear are slain!"

But God in this distressing hour

Revives again each withering flower.

Poor Kelley, in this trying time,

Was executed for his crime.

He hung an awful sight to see;

May this a solemn warning be.

A word to such, before we close,

That love the way poor Kelley chose;

Their vicious ways if you attend

Will bring you to some awful end.

FOOTNOTES:

[Footnote 93: _Otsego Herald_, July 19, 1805.]

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