[From Annals of Kirk Christ Lezayre]

CHAPTER XXI - CRIME AND ITS PUNISHMENT.

DEATH was the penalty for many offences up to the beginning of the nineteenth century. The following document ¹ casts a lurid light on the seventeenth.

Felons executed and reprieved or pardoned from Anno 1640 to 1648.

"The namees of all the ffelons that were arraigned and condempned in these yeares following beginninge at Michaelmas 1640. And a noate upon every name who was executed, reprived or pdned.

Ano. 1640
Wilm Quiny of K. Malew pish.-Reprived. Wm. Kneene of Ballalaugh pish-Executed. Roi Kelly of K. Arbory pish.-Executed.
Ano. 1641
Ewan Casement of K. Maughall.-Executed. Xpian Kinred of K. Christ lez Ayre.-Executed. Robt. Crowe of K. Christ lez Ayre.-Pdoned. Jo : Casement of ye sd pish.-Pdoned.
Jo : Goldsmith of ye sd pish.-Executed. Rich : Hutchin of K. Arbory-Executed.
Ano. 1643
Danold Quayle of K. Michell pish.-Reprived. Isabell Clemyn of K. Bradan.-Reprived. Wm. Oates of K. Bradan.-Pdoned.
Tho : Stoale of K. Lonan.-Pdoned. Donald Kermod of yt pish.-Pdoned. Mallony Quarke of yt pish.-Pdoned. Jo : Howland of K. Bryde.-Executed. Margr Reade of K. Christ Rushen.-Pdoned. Wm Gell her sone.-Pdoned.
Ano. 1644
Tho. Corrin sone Wm Corrin of Trinito Rushen-Executed. Phill. McBryan of Ballaugh pish.-Executed.
Jo : Quayle of K. Michell.-Pdoned.
Joesph Bonde, drumer Englishma.-Pdoned.
Ano. 1645
Richard Dicconson Englishma.-Executed.
Ano. 1646
Mallony Cowrie of K. Lonan.-Pdoned. Tho : Conilt of K. Maughall.-Pdoned. Wm. Harrison Englishma.-Pdoned. . Neale o Dowell Irishma.-Executed. Robt. Mc Keary of Jurby.-Pdoned.
Jo : Casemt of Trinit Ayre.-Executed,
Ano. 1647
Wm. Xpin of K. Conchan.-Executed. Wm. ffayle of Trinit Ayre.-Executed. Wm. Knickell of yt pish.-Pdoned. Edw. Walker Englishma.-Executed. Phill Quart of K. Malew.-Pdoned.
Ano. 1648
Rich : Qualtrough of K. German.-Pdoned. Wm. Waterson of Peeletowne.-Pdoned. Donald Keige of K. Santan.-Pdoned. Samuell Butler Englishman.-Pdoned. Roger Greenewood Englishman.-Pdoned. Jo : lowy of K. Arbory.-Pdoned.
Peter Caneene of yt pish.-Pdoned.
Rich : Credeene of K. Christ Rushen-Pdoned. Elizabeth Stevenson of K. German.-Pdoned.

In all 15 were executed, 24 pardoned and 4 reprieved' Fourteen out of seventeen parishes are represented. Lezayre had a bad preeminence having four executed and three pardoned. John Casement was not warned by his narrow escape in 1641. He must have offended again and was hanged in 1646.

Those condemned to death were probably hung. The place of execution was Hangman's Hill. The site is not known, but is was almost certainly on the Brooghs north of the Mooragh. It has been stated there was a gallows on Cronk Shemerick in the Abbeylands. It is quite possible that the Abbot of Rushen had the rights of High Justice, that is, of inflicting capital punishment in the Island. But hanging was not the only form of capital punishment in the Island, though we do not read of any other form in Lezayre. William Christian (a native of Lezayre) was shot on Hango Hill, near Castletown, on January 2nd, 1663, for his part in delivering the Island to the Parliamentarians. The Black Hill and Knock Rushen, both near Castletown, are described as " Heading Places," and witches were burned.

THE KILLING OF WILLIAM MAC A FAILLE, 1639. ²

The broken body of William Mac a Faille nicknamed Boddough was found on the morning of December 31st 1639, at the out end of the Eary Beg, not far from his house and on his own land.

According to custom the Coroner of Ayre, William Kissage, summoned a jury of six who immediately assembled with the Coroner and parish Lockman at the spot where the body lay. Their conclusions were delivered to a Court holden at Milntown on January 3rd, 1640, before Deemster Ewan Christian, Edward Christian and Robert Quaile.

The spokesmen of the jury, Ewan Kneale, deposed that portions of the dead man's clothes, including his neckcloth, were wet, though he lay on dry ground, after a dry frosty night. Near by " a little bogge of water" shewed plainly the impress of a man's body, and the ground was bruised as by the body of a man cast down upon it. Grass of the bog was on Mac a Faille's stockings, and the wool of his clothes " raysed " as if by a wool card, by dragging along the ground.

The jury caused two men, John Kinread and Ewan Casement, to handle the body in turn. Nothing happened nor was expected to happen, for they were not implicated.

They then called upon Gilnow Casement, " who was much suspected for the murder " to handle the dead man. As soon as he turned him as the others had done, Mac a Faille bled pure blood from the nose, as was attested by various members of the jury. .

When Edmond Casement was asked to do as his brother had done, he turned pale, as if ready to die, and on his touching the body, the bleeding was repeated. It was the general belief that such bleeding pointed to the murderer, and the jury required no further proof of their suspicions. If this was not sufficient to satisfy the judges the evidence of other witnesses must have convinced them.

The story told at the Court at Milntown shows that there was an extraordinary lack of concealment on the part of the criminals and their relatives before and after the commission of the crime -as if the tragedy was fated and inescapable, though the murder was cold-blooded enough.

An ill hour upon Gilnow, an ill hour was ordained for him! cried his mother.

For some time before the event Mac a Faille knew he was in danger of his life. He had had a quarrel with Standish of Ellanbane about a church seat, which had disquieted him, " but there were others" he told John Corlett, "who go about to destroy and kill me."

Corlett asked him who they were. William, seeing two kinsmen of Gilnow approaching, said, " I will tell thee another time. They come upon me ; I cannot tell thee now." '

At the root of the trouble was Gilnow's desire for Mac a Faille's wife and land, a desire that was not to be thwarted. Katherine had been living apart from her husband for five years and had only returned three weeks before to the Eary Beg.

One night when there was a gathering at Cannon's Miln, Gilnow was prayed that he would forego the company of Katherine Mac a Faille, but he answered that he would not leave her and that it would do her no good to dissuade him from her.

To Edmond Corleod he said at that time, " It may be that the ground the Nary Beg which William Mac a Faille now possesseth, may come to me, and it is not known but I may have it."

On December 19th, a young woman named Margrett Foster was going to Kirk Bride and Gilnow came into her company. He spoke of his relationship with Mac a Faille's wife and Margrett said to him, " If thou have given a false oath it were better if thou had given all the world if it were thine, and better for thee to suffer in punishment than to forswear thyself."

He answered evasively, and began to talk of ratsbane and an herb called nahau a name Margrett did not know but supposed to be micklewort. Shocked by this talk she exclaimed: " Thief! If her husband were dead thou would marry his wife! " Whereat, she said, " he smiled and said nothing."

Kathrin Casement, a cousin of Gilnow, was at the Eary Beg on December 20th.

William Mac a Faille was ploughing and his brother Edmond drying malt, when Gilnow appeared. He sent to the miln for ale and went into the chamber to drink with his cousin and William's wife.

His last visit was on December 3oth and some days later Kathrin Casement told John Kinread "By God I may swear that Gilnow Casement and whosoever was with him murdered Mac a Faille, for he was at the house three times that day." and that she had wondered and asked him what brought him so often to the house.

" I get anger for thy coming " she exclaimed.

Then Gilnow said, " Who is angry with thee? Is it Boddough ; I will take order with him," and presently coming out of the chamber he invited Mac a Faille to come that night to his mother's house to take part of some meat they had.

Essabel, William's sister, was afraid for him and wished him not to go, but he said " I think they will do me no hurt and therefore I will go." At nightfall be went out of the house.

That night his wife Katherin after his going out became very pensive and oftentimes sighed and leaned her head upon her hand which she used not to do, and afterwards sent for Kathrin Casement when she was in bed to know of her mother if her husband was gone.

William did not return. In the night Gilnow and has brother Edmond came to the house of young John Crow, the parish Lockman. Gilnow remarked on the scanty fire, and the Lockman thought some evil occasion brought them, for they were not in the habit of coming.

On the following morning old John Crow, going up into the hills, met Gilnow's aunt, Christian Casement, who asked him what the people were doing down below. Thinking she feigned ignorance he answered ironically, " They are taking a beast which is fallen." Then again he said " Knowest thou what they are doing; Boddough is killed and lieth dead in yonder place. God send that some one near unto thee be not challenged."

She answered. " Doth thou say that Gilnow did it? " He replied, " I say it not if thou say it not." " I did not " said she, " see Gilnow since yesterday."

Amy Mac a Faille said she was in the house of Emill Mac a Faille on January 3rd, the day of the Court at Milntown, when Edmond Casement came in. His sister, the wife of the house, said " An ill hour on you if you killed Mac a Faille. Why left you not him in the water, that people might think himself had done it? "

Edmond answered " If they have no better proofs than yet is had, they can do us no harm, for sure some must swear that we did it or else it cannot be proved."

At this time Margaret Casement, mother to the supposed murderers, was saying to John Kinread, " My two sons are gone down to Milntown."

He said, " The Deputy will cause John Lace who is now there to shew the picture of the murderer," wherepon the grieving mother cried " God forbid! An ill hour upon Gilnow, an ill hour was ordained for him."

Thus by his own indiscretions and the unguarded talk of his people was the rope twisted for his hanging.

The following cases are mostly taken from the " Book of Precedents " now preserved in the Manx Museum Library. It was drawn up in the eighteenth century from earlier documents and gives a very brief account of the cases, with a marginal note. The items following all refer to Lezayre, with a very few exceptions which are included in order to give a fuller account of conditions, two, three and four hundred years ago.

1417. (Note) The Moar presents a Bloodwipe, said to be proved by him.

No. 3. John McCray presented because, against the peace, he drew blood on Bryan Bullock as was proved by the Moar of the parish of (Holy) Trinity, etc.

No. 4. (Note). An Action for the said Bloodwipe. The party is fined xijs and to make satisfaction to the other. John McCray complains concerning Bryan Bullock for satisfaction on the grounds that the same man against the peace of the Lord King, did make a leap upon the said John and then struck him with a staff, etc., who came and confessed : therefore 12s in fine and to make satisfaction to the other, etc.

No. 5 (Note) The like accon brought by the other party for taking him by the neck or throat. Also Bryan complains concerning the said John for satisfaction on the grounds that against the peace of our Lord the King he violently took Bryan by the neck and used him evilly, who came and placed himself on the Enquest through which he was found guilty, therefore 12s in fine and to make satisfaction to the other.

1500. No. 1. The Attorney of the Lord King presented John McCurlett of the parish of Holy Trinity, and demands the Law against him for disturbing the Court. He has to give satisfaction to the Lord by paying a fine of vid.
(Note.) Attorney demands the Law against one for disturbing the Court. He is fined 6d.

No. 6. (Note) A Presentment against Tennants for not repairing their tennt. Miln, the miln Fleame, etc.

The Lord's tenants on the Treen of Brerick had allowed the mil: and its fleame to get into disrepair. According to ancient custom they were responsible for its upkeep. Mold McCurleod, Mick McCurleod, and others were fined vid each.

1524. The Moar Patrick McNyven was arraigned for " recepting " of a felon. He pleaded to have his trial respited till the next Gaol Delivery because he had not cleared his accounts with the Receiver-General, which is granted.

1560. One Ine Cowle having had a child with one Kellag, she brought the child when it was two years old to a place by Ramsey Burn where he was herding & said " Here is thy child, take him for I will keep him no longer," and thereupon went her way; and the man not thinking that she would have left the child, suffered it to follow the mother, and so it chanced that the child was perished in the said Burne. Wherefore they are both indicted. The woman is condemned and the man cleared.

1569. (Not Lezayre) Alice Ine Queney was condemned to be burnt for witchcraft. On being found with child she was set at liberty upon bail by two sureties.

1604. (Liber Plit.) The Great Enquest do present Wm. Waterson, Clerk, for that he bought a Bark Load of Timber against the Law before the Tennantts had notice of it & afterwards refused to sell any to the Tenntts upon the price it was bought ideo in fine 3/4. (Note) One fined for buying timber contrary to Law, before the country had notice thereof. (He was probably Vicar of Kirk Christ Rushen, though some have thought that he was Vicar of Kirk Christ Lezayre.)

1610. Proclamation made in Court & Order given to the Coron'r of the Ayre Sheading and the like in the Parish Churches that Wm. Carrett & other persons that have grounds adjoining to the Lord's Closes in Trinity Ayre shall make up the fences of the said Closes by a certain time or forfeit 20s to the Lord.

1616. Liber Plit. Ewan Christian, Deemster, on his own confession, drew blood from Wm. Cosnahan, Clerk, & is fined xiid.
(Note) The Deemster presents himself for a Bloodwipe & is fined.

1617. (Liber Plit, not Lezayre). Margt Ine Quane examined in the Sp. Ct. and tried by twelve men elected out of several Sheadings, with the advice of the Chapter Quest or Sidesmen, found guilty of sorcery and witchcraft, was tried by Jury for life and death-condemned to be brought by the Coroner of Glenfaba to the place of Execution, there to be burned till life depart from her body. John Cubon her son condemned for the same & sentenced to a like fate.

1641. Liber Scacc. John Casement being arraigned for stealing four stoaks of oats valued to 3s. 4d. It is said in the Arraignmt quod posuit se ad gratiam Domini wherefor judgment of death was passed upon him by the Deemster yet nevertheless he is reprieved till the Lord's pleasure be known. He was hanged in 1646, see p. 188.

1655. The Coroner of the Ayre Sheading in respect he did not his duty in causing a Jury to be Impannelled to present the manner and cause of the death of one Henry Caley who was found dead on Sulby Brow or Bank about 5 years past, is fined xxs.

1660. Liber Scacc (not Lezayre). One to have his ears cut off and fined xs. for saying that Governor Nowell was an Ass and that he was not worthy to carry a sword, etc.

1663. Liber Scacc (not Lezayre). People presented by jury on suspicion of Felony ordered to sit in the Whipping Post. They offered to pay 20s. fine instead which is accepted.

The Great Enquest present Gilbt. Calley for withstanding them to take evidence and taking ye book out of their hand. 1648. Liber Plit. Quayle versus Corlett, etc., for Trespass with their Cattle in his Corne. Recovers Oates and Barley, 2 parts to be paid by the owners of the Cattle ye other 3rd by ye Herd and ye fine.

1641. The Great Enquest present Richard Lawson for keeping two Measures and one of them not sealed-and this on evidence of Ro. Calley. The Great Enquest present Don Kneale for pounding his neighbour's goods in a close house ideo in fine.

1642. The Moar Pat Kneale fined for keeping some Allowance back, due to the parishioners for Meale brought by them to Peele Castle & fined 2/6 & to make satisfaction to ye Tents.

1647. Kneale versus Christian for cutting off her finger. Damages xxs., recovers ixd.

1657. Woods versus Coltrop for beating & abusing him Damages xs. Recovers xs. having sworn with two witnesses.

1664. Kissack versus Corlet for slandering him to be a foresworne knave and that he had given a perjured oath. Received iii damages..

1701. Christian, Callow, etc., presented for taking a greater sale for their Rungs than the call in the parish Church ordered.

1705. Phill Cannell being presented for a Bloodwipe is spared because he is a child under age.

1736. (From the Archdeacon's Visitation). J. G. and J. C. (two prominent parishioners) were presented for " resorting upon that Festival (Easter Day) to an Alehouse kept at Baldrommah where the consequences of their Drinking was Quarrelling such as had like to have ended in Secret Murder." Sentence: each unus dies in Eccla, openly acknowledging their Sin and promising Reformacon sub poena comittmt till they give bonds to submit. They are likewise to be fined.

In 1823 a murder was committed in the parish. A Broadsheet was printed by John Muir, Glasgow, which is given below.

"A WARNING TO ALL YOUNG LOVERS.

Being the Last Dying Speech and Confession of these two unhappy Lovers John Camaish and Cathrine Kinrade, who were executed in the Isle of Man on Friday the I 8th of April last, for the cruel and inhuman murder of Mrs. Camaish, who was with child at the time.

The office of Executioner was performed by one of the principal Magistrates of the Island, when the unfortunate Female came to the ground, by the rope giving way.

Douglas, April 24, 1823. John Camaish, 28, & Cathrine Kinrade, 19, were lately convicted of giving poison to the wife of Camaish when pregnant, whereby her death and that of her unborn infant was occasioned. On Friday, the 18th inst., these persons were executed on the Lake near Castletown ; the spot usually appropriated for public executions, where an immense concourse of spectators were early assembled for the purpose of witnessing the last moments of the prisoners. The surrounding eminences were covered with young and old of both sexes.

It is melancholy fact, that the female Kinrade, at the time of her committal to prison, was actually unable to pray!-but the indefatigable and praiseworthy instructions of the pious individuals who attended her, soon enabled her to bend her knees, and implore the mercy of her offended Maker, and so earnest and heartfelt was she in prayers as to excite the pity of all who heard her ; she prayed hourly in the Manks language, with a fervency and feeling that evidently showed her deep contrition and remorse. She was a young woman of uncommonly interesting and rather handsome features and appearance, considering her rank and status in life. She confessed that she had been the cause (actuated by the base suggestions and insidious arts of Camaish) of the death of her own sister. He first beguiled this unfortunate sharer of his ignominious death, at a period when she was little more than 13 years of age, although he held criminal intercourse with her sister.

Camish (sic) until within the last four or five days evinced little or no remorse or contrition, but latterly he was agitated in the extreme, and his limbs and whole body were in a continual tremor ; refusing all food. On the morning of the execution he confessed that he purchased the poison first administered to his wife by Kinrade, in thin porridge, which caused her to vomit very much, attended with violent pains in the head and bowells. Finding this draught not deadly enough, he went to another shop in Ramsey, and bought some more arsenic, under the pretence of destroying vermin, which he gave to his wife, under the diabolical pretext that " he had got something to cure." After taking this second draught she almost instantly expired.

On the morning of the Execution the female prisoner requested an interview with Camaish, which was complied with. A brief interchange of words took place, in which she gently reproached him for his guilty life, but hoped they should die in forgiveness towards each other, shook hands, and parted.

Previous to the removal of the prisoners from the gaol, the executioner placed the ropes round their necks. The doleful tolling of the chapel bell announced the commencement of the procession from the Castle to the place of death. In the cart which conveyed the victims of unlicensed intercourse, sat several ministers, admonishing and exhorting the prisoners as to their future hopes. On arriving at the gallows, the cart was drawn underneath, when the Rev. Mr. Kewley put up a short prayer for the prisoners, and pathetically embracing the female Kinrade, and shaking hands with Camaish descended from the cart, when the executioner (by law the Coroner of Ayre Sheading)3 proceeded in his painful task, the cart was drawn away and they were hurled into eternity amid the tears and groans and shrieks of the surrounding multitude, which were not a little increased from the circumstances of the rope on which Catherine Kinrade was suspended giving way, her feet touching the ground several times. Camaish struggled very little ; the vital spark was soon extinct.

The dissolution of the girl was lengthened by the rope slipping, but reason had fled, they were only the last struggles of Nature in her final extremity. After hanging half an hour the bodies were cut down and conveyed to Douglas for dissection.)

Such an unusual circumstance in the Isle of Man excited considerable agitation no execution having taken place there for the last thirty years.

In person Camaish was of low stature with heavy protruding eyebrows and a very forbidding countenance. The Coroner of Ayre Sheading, being unable to find a substitute, was obliged to execute the prisoners himself.

Further details of this execution were given in " The Manx Sun" of August 3rd, 1872, reprinted from "The Rising Sun" of April 22nd, 1823,

The arrangements were made by the High-Bailiffs of Castletown and Ramsey. A detachment of the ancient parochial horse, two deep, preceded. The Rev. Mr. Thimbley (Chaplain of Castletown), the Rev. Mr. Parsons (afterwards Chaplain of Castletown), and the Rev. Mr. Christian (Vicar of Malew) followed in their canonicals. After them the Clerk and singers of Castletown Chapel, chanting a solemn hymn suitable to the occasion. The High-Bailiffs arm in arm. Then the constables two deep, with their staffs of office. Coroner of Ayre Sheading, leading horse and cart. The Revds. Mr. Nelson (Vicar of Santan), Mr. Kewley (afterwards Vicar of Santan), and Mr. Qualtrough (Vicar of Rushen), rode in the cart with the prisoners and were earnest and unremitting in their solemn office and exhortation delivered in Manx. The prisoners were dressedCatherine Kinrade,, in a long white dress and a white cap, Camaish in a very shabby jacket and trousers and a white cap. At each side of the cart a detachment of the 2nd Veteran Battalion, commanded by Capt. Bisset and outside them a detachment of the Ancient Parochial Horse, commanded by R. Cunningham, their Captain. The Manx Yeoman Cavalry surrounded the place of execution, commanded by Cornet Gill.

The newspaper states that Catherine Kinrade's body was sent to Ramsey for dissection.⁴ This is supported by the local story. The female prisoner had a child in prison. The newspaper also states that there had been no execution between October 22nd, 1832, when two Peel men were hanged for assault and robbery, and 1872.

THE KEWISH MURDER.

On March 28th, 1872, John Kewish of Sulby Glen was found dead in his house. The doctors were of the opinion he had been pierced with a pitchfork. His son, John, was arrested and sent to trial. At the inquest the High-Bailiff and Mr. E. C. Farrant presided.

Kewish was described as a little man, about forty years old, stout and with a vacant eye.

On Tuesday, April 30th, he was brought before Deemster Drinkwater and a jury of enquiry. Undefended, he pleaded " Not guilty." At General Gaol Delivery the jury could not agree. Recommitted for trial, he was sentenced to death on July 3rd. He confessed his guilt, but said he had shot his father, using home-made slugs. So much for the doctors' evidence! A petition for reprieve was got up. It stressed (I) Doubt as to his guilt, (2) After fourteen hours the former jury could not agree ; seven being in favour of not guilty. One doctor said he could distinguish between right and wrong, but was of so low a type of humanity as to be almost an idiot. The Rev. Ed. Ferrier (Chaplain of Castletown) attended him daily. A new scaffold had to be made, as the old one, which had not been used for forty years, had got out of repair.

(From " The Manx Sun" of August 3rd, 1872). As certain of those who were legally bound to be present, did not wish to attend, the Government Secretary had to send the Coroner of Glenfaba (the senior Coroner) to summon the necessary parties. This was the last execution in the Island.

THE MURDER OF Mr. P. W. BROOKE.

Mr. Percy W. Brooke, a prominent parishioner, who lived at Churchtown, owned a small farm on the slopes of Snaefell Lhergy Rhennee. There was no one living in the house. He frequently went up to the house with a neighbour. On October 12th, 1930, upon arriving at the farm street, his suspicions were aroused that someone had entered the house where he had kept a gun loaded for rabbit shooting. Going to the stairs he called out and was immediately shot dead. The culprit was an inmate of the Lunatic Asylum, who has escaped a day or two before.

As it was felt the Government was responsible for the safe custody of the culprit, an effort was made to get a sum of money as compensation for the widow, but with no result.

Footnotes

1 Castle Rushen Papers, No. 212. Journal of 'Manx Museum, vol. IV, No, 58, p. 1110.
2 From a paper in Journal of The Manx Museum, vol. V, Nos. 72, 3, pp. 183-5, by Mr. D. Craine, M.A., based on sworn statements in the Exehequer Book, 1640.
3 Mr. John Cowley, of Crammag.
4 Rev. A. E. Clarke, Chaplain of Sulby, in his notes, states that the body of the female prisoner was brought to Sulby and buried where three roads met.