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Attempt to Murder Kingston
Daily News Dec 30 1851 A most violent and murderous assault was made on Friday afternoon
last, on the person of a farmer named John [James] McCoy by a lately
liberated convict form the Penitentiary named Paul. The circumstances as we
have learned them, are these: - The farmer was on
his way to Kingston from Mill Creek where he had stopped for a while and Paul
on his leaving, jumped into the sleigh with him, and after getting some
distance from the village, suddenly assaulted the farmer by striking and
kicking him. After the victim was insensible and supposed to be dead, he was
dragged about a quarter of a mile and buried in the snow. Paul first robbing
him of £4 and a part of his clothing, with which and the horse, he came to
Kingston. On the following morning persons passing the spot heard cries of
distress and on proceeding where they came from, discovered the farmer, more
dead than alive, his legs and portions of his body being frozen. He was
immediately removed and taken care of, but it is not expected that he will
recover. Paul, through the instrumentality of the city police, was arrested
at the French Village and has been sent in custody to Mill Creek to be
identified by the victim, whose deposition will also be taken in the event of
his death. The thermometer, it will be recollected, during the night
mentioned, stood at 15 degrees below zero, so that it is almost a miracle that
the frost alone did not do its work. Kingston Daily News Dec 30 1851 We learn that death has terminated the sufferings of McCoy, whose case
was mentioned in yesterday’s issue. The Assizes – The Queen vs. Joseph Henry – Murder Kingston
Daily News June 5 1852 Joseph Henry, commonly called Paul, was put on his trial yesterday
morning for the murder of James McCoy, of the Township of Fredericksburgh, on
the 26th December last. The following jurors were sworn: Hamilton Agnew, Portland; Cornelius Babcock, do.; John Bell, Tp.
Kingston; Edward Bowell, Pittsburgh; Wm. Clancy, Camden; John Carlin,
Bedford; William R. Freeman, Loborough; William Fletcher,
Richmond; William Guess, Loborough; Thomas
Hamilton, Pittsburgh; David Macpherson, Pittsburgh; Thomas Erly, City of Kingston. Mr. Richards opened the case for the Crown, stating the facts as they
have already been described in these columns. The first witness called was John J. Burnup – Resides in Fredericksburgh on the Napanee Road;
recollects 26th Dec. Last; the evening was severely cold; was
awoke the next morning by apparent cries of distress; heard some on call out,
“come help me, “ or something of that kind; went out but could find no one;
had a good fire made on and heard the cry again; second time found nobody; so
cold witness had to go in the house; went out a third time towards the river,
saw nothing for some time and was about to return again when he heard a
groan; jumped towards the place where the sound came from, found a man
apparently steadying himself by a tree; the man was almost insensible; his
head was swollen, cut, and altogether he presented a most horrible
appearance; witness endeavored to get him along, but finding himself unable,
at once ran for assistance; the man was about twenty or thirty feet from the
road; witness and two other persons took him to McVicar’s
house; on the way he muttered the name of McCoy; did not before know who he
was. McCoy died on Sunday. Witness subsequently visited the road near where
McCoy was found, on what is called ht Chamberlain road; found within twenty
or thirty yards a spot exhibiting marks that it had been the scene of a
severe struggle and marked with spots of blood. Cross-examined – Knew McCoy for years; was about the size of the
prisoner; was given to hard drinking; would go on a spree occasionally; never
saw him dead drunk; McCoy was one who could always stand on his legs and knew
pretty well what he was about. Dr. Carey, sworn – Resides in Napanee; was called upon on the 27th
Dec. to attend McCoy, who was at McVicar’s, quite
insensible and raving. His nose was broken, he was cut across the cheek-bone,
eye-bone broken in; hands, feet, knees, nose and ears were frozen. Thinks the
wound on the cheek bone and eye were likely to cause death; thinks done by
some blunt instrument; might have been done by the heel of a boot striking
him when don; the injury was quite sufficient to produce death; together with
the exposure, was unquestionably the cause of death. McCoy’s face was very
much swollen. Cross-examined – Is a surgeon. Exceeding cold has at first a sedative
effect upon a fresh wound; follows cold treatment where frost is present in a
wound; means by cold treatment the rubbing with snow, cold water; has usually
followed this treatment and has seen no dangerous effects from it; made cold
application for four or five hours at different intervals, for five minutes
or so at a time; the temperature of the room in which McCoy was when witness
entered was about 70 or 75, that was subsequently reduced, but a high
temperature was very unfavorable to the treatment of a person in McCoy’s
condition. David Beggs, sworn – Lives in Napanee village,
in George Carnall’s employ as hostler; saw McCoy on
evening of 26th Dec., with the prisoner, about 8 o’clock; saw
McCoy get into a cutter to go away; did not see prisoner in the cutter, but
going alongside it, on the right side; heard prisoner ask McCoy if he would
let him ride with him and was answered yes; McCoy had an overcoat on; they
were coming down towards Kingston. Cross-examined – McCoy was a little tipsy but prisoner was sober.
McCoy came to the Inn between 6 and 7. He had a little liquor on him the;
staid an hour and a half and drank a little; saw him take two glasses of
whisky, but was not in the bar-room all the while, was in the kitchen and out
in the yard; McCoy was not to say drunk; he knew very well what he was about. Miles Shorey, Jr., sworn - I am Innkeeper, knew James McCoy; saw him
in company with prisoner at Napanee on the evening of the 26th
Dec. last; they were in witness’ house; they left about 9 o’clock; when there, McCoy took out a
pocket-book and drew from it some money; prisoner was standing by; one of the
bills was a $10, one witness thinks a four and some smaller bills. McCoy and prisoner
left witness’ house together, driving easterly on the Kingston road; thinks
McCoy had between £4 and £5 with
him. Is shown deceased’s pocket-book and thinks it the one which witness gave
him. Cross-examined – McCoy was in witness’ house on the evening of the 26th
about 15 minutes; thinks he and prisoner had a glass a
piece; thinks not more; would not give them more; thought both had had
enough; there was no quarreling between them in the house; they had some altercation
in the yard, but knows not what about. Direct resumed. Both men were quite sensible of what they were about. John Files, sworn – Lives in 7th con. Fredericksburgh. Has a toll-gate about a mile and half this side of
Napanee. Thinks he saw the prisoner at the gate on the night of the 26th
or early in the morning of the 27th. Has no doubt of it. Believes
this was between 1 and 2 o’clock. Prisoner remained there about half an hour;
went in the house; prisoner exhibited a pocket-book, thinks the same as that
now produced. Prisoner asked witness to take out a bill; he did so; saw bill
was a $10. Changed the bill at prisoner’s request; searched the pocket-book,
but did not count the money; prisoner said his name was Peter Henry; prisoner
asked witness to take out a paper in the pocket-book and read it; found it a
receipt to McCoy from Donald McPherson for rye; was a little surprised at
this; prisoner said he was a neighbor of McCoy’s and had got the receipts for
him; prisoner had a great coat on; he had apparently two coats; prisoner had
a horse and cutter. Matthew McCoy, sworn – Keeps the second toll-gate; saw prisoner at the
gate on the morning of the 27th Dec. He came about 4 o’clock in
the morning. He was there about three quarters of an hour. Knew the cutter to
be Joshua Anderson’s and the horse McCoy’s. Knew the cutter, as he had
repaired it. Prisoner went on towards Kingston. Joshua Anderson, sworn – Knew the deceased McCoy. Lent him a cutter on
Friday, the 26th Dec. or the Friday after Christmas. John McCoy, sworn – Is a brother of deceased. Came down on Saturday 27th,
to search for prisoner. Traced him into the city. Went with Byrnes, the
policeman. Went to the French Village on Saturday evening and there found
prisoner in the road; he had the cutter with him; was wrapped up in a buffalo
robe, preparing to drive away; Byrnes arrested him; prisoner was the only
person in the cutter; knew the cutter; it belonged to Anderson; found a coat
on the person of the prisoner and when they reached the station house,
recognized it as the one his brother had on; it was his father’s coat, but
deceased had used it; knew the horse and the harness; they were the property
of the deceased; was present when prisoner was searched by Byrnes; the
pocket-book in Court was found on him; it was that of witness’ brothers;
there were some coppers in the book and a receipt from MacPherson; prisoner
tried to conceal the pocket-book between two pairs of trowsers
which he had on; witness is shown deceased’s undercoat and recognizes it,
also his pantaloons. These have blood on them. Cross-examined – Found first trace of prisoner at McCoy’s gate; there was
no one with him; found prisoner had stopped at Mill Creek, at Metzler’s, at
Charter’s and at Waterloo. It was between six and seven in the evening when
witness found prisoner in the French Village; saw no one with him. Jonathan Rutland sworn – Lives in Fredericksburgh; was with Burnup
when McCoy was discovered in the field; confirms statement of first witness;
was with McCoy until he died. McCoy was quite delirious on Saturday morning;
about 4 o’clock in the evening he began to recover his senses. Heard McCoy
say he would never get over it – that no one could do him any good. He
appeared conscious that he could not recover; he spoke of it several times;
McCoy said that it was the man who left the village with him who had done the
injury; said that near Chamberlain’s, the man struck him with his right hand,
knocked him out of the sleigh and kicked him; the man demanded his money; he
stood him a good scuffle, but his assailant was too much for him and he then
offered to give him the money if he would let him go. The man kicked him on
the head with the heel of his boot. McCoy did not know prisoner by name; said
he would know him by sight. John Chamberlain, sworn – Is a magistrate living near Napanee. Went to
McVicar’s house where McCoy was lying; heard that he
was in a dangerous state; went on Sunday morning; was there at 9 o’clock and
again about 12. Verifies the statement made by McCoy and signed by him. Cross-examined – The statement is dated 27th, but it was
taken on Sunday, 28th. There was no minister of the gospel in the
house; did not see one about the house; deceased knew witness; witness put
down the words as near as possible of the deceased. The statement was put in and read. It was in the form of an information before a magistrate and was sworn to and
signed as is usual in cases of information. John McCoy, recalled – His brother, the deceased was in good health
when he left his house the morning of the 27th. The case for the
Crown here closed. Mr. O’Reilly addressed the Jury on behalf of the prisoner. The Counsel
for the Crown replied, when the learned Judge summed up. The Jury, after an
hour’s absence, returned into Court with a verdict of GUILTY, but with a recommendation to mercy. His
lordship then asked the prisoner if he had anything to say why sentence of
the law should not be passed upon him. The prisoner answered “nothing.” He
was then sentenced to death, the Judge informing him that although recommended
to mercy, he could not hold out any hope, that under the singularly atrocious
circumstances of the case, the prisoner would meet with that mercy which the
Jury recommended. Kingston Daily News June 21
1852 At the late Kingston assizes, as stated by us last week, Joseph Henry
was tried and convicted for the murder of James McCoy, near Napanee. In
passing sentence, the presiding Judge used the wonted solemn prayer, ”and the Lord have mercy on your soul,” whereupon the
miserable prisoner rejoined, “Thank you , sir; that is more than my father
ever said!” Kingston Daily News June 29
1852 Joseph Henry, alias S. Paul, who was sentenced to be hanged yesterday,
for the murder of McCoy, near Napanee, underwent the extreme penalty of the
law at about 10 o’clock. He was attended by the Rev. Mr. Farrell (R.C.); and exhibited every
appearance of contrition. His bearing was firm; and his voice steady; before
the bolt was removed addressed these few words to the crowd, which was
immense: “My dear friends – I have not many moments to live in this world –
am now about to be launched into eternity, and to stand before that God who
knows the secrets of all hearts; the crime I have committed I am now to
suffer for – let all take warning and shun the road I have trod – Farewelll!
Farewell!!” The Execution of Joseph Henry The
Daily British Whig July 6 1852 On Monday morning, at about a quarter past 10, Joseph Henry underwent the
last penalty of the law, for the murder of John [James] McCoy at Napanee, last winter. During the day or two previous, the unfortunate man’s demeanor greatly
changed for the better and latterly, he expressed his heartfelt sorrow and
repentance for his crime, which may be mainly attributable to the kind and
assiduous attentions of his spiritual advisers. He was attended by the
Vicar-General and the Rev. Mr. Farrell upon the scaffold and from his first
appearance, till the last dreadful moment, when his spirit was summoned to the
judgment seat of his Maker, he never in the slightest degree faltered, but
throughout the awfully trying moments exhibited all the ostensible signs of
resignation and repentance. On the rope being adjusted and while standing on the drop, he
addressed the spectators (of which there were about 2000) as follows: - “Dear
friends – A dreadful crime which I have committed has brought me here and I
hope now to give some a warning. I have only a few minutes to live, and then,
I trust, I shall be happy forever, through the redemption of the Saviour who
died for sinners. My friends, whatever religion you be of, attend your
churches, - attend to it and it will be your safeguard from crime; take
warning by me. I am sincerely sorry for the crimes I have committed and am
perfectly satisfied that I receive my due at the hands of the law. I forgive
all my enemies. My friends, I wish you all farewell for ever – farewell.” He then requested to speak with Mr. Gibson, the turnkey, saying that he
had forgotten something and on Mr. G. stepping forward, he handed him a small
package and begged his pardon, asking his forgiveness for all the trouble he
had given him. The Vicar-General then read the prayers suitable to the awful
occasion, the final word was given, the bolts and bars of the drop gave one
harsh and grating clang, and the soul of the unfortunate and erring being was
launched into eternity. We cannot conclude this notice without bestowing a due need of praise
to the High Sheriff, Thomas A. Corbett, Esq., for the perfection in which all
the arrangements were completed, so that the sentence of the law was executed
without adding to the unfortunate man’s cup of bitterness by any unfortunate costre-tempa. The Sheriff’s kindness of heart is so well
known that we need hardly state that every kindness was extended to the
wretched criminal in his last hours which a due care for his security would
allow. As for the Jailor, Mr. Richard Corbett, and his deputy, Mr. Henry
Gibson, their own feelings, when they read the following copy of the letter
presented to the latter on the fatal drop, must have been their reward: - “Mr. Henry Gibson: Sir, - I
hope you will receive this lock of my hair, as a token of love from your
sincere friend and well-wisher, Joseph Henry, who was executed in Kingston on
Monday, the 28th of June, 1852. May God in his mercy protect you
while here and receive you safe home when death shall appear. Farewell, dear
friend, farewell.” Thus perished by a violent and ignominious death, a fellow being in
the prime of life and the flush of health, a just sacrifice on the altar of
his country’s laws, which he had violated by the fearful crime of murder. “He
who sheddeth man’s blood, by man shall his blood be
shed.” Is the proclamation of the inspired word and all the experience of
society confirms the necessity of the decree; but while Governments thus
deduce their authority for the law of capital punishment from the word of
God, are their not other passages in the sacred word which could be brought
to bear upon other laws? Is there no portion of the scriptures which can be
brought to bear upon the crying evils of ignorance and intemperance? The abject
ignorance of the unfortunate Henry, inflamed and excited by the poisoned
bowl, was the true cause which brought him to the gallows. Is there no
portion of scripture which will justify legislators in bestowing a free
education on all? Is there no portion of scripture which will carry our
rulers out in restraining the distribution of liquid poison by man to his
fellow man? Alas! Alas! We make stringent laws for the punishment of the poor
miserable wretches who commit crimes, but no exertion is made by our
legislators to save them from the fangs of that devil – Alcohol – which goes
about like an evil spirit, seeking whom it may devour. Even since we
commenced this notice, two other cases have been reported in this
neighborhood, each more atrocious than the last, both of which are said to have
resulted in death to the victims, entailing, probably, a few months hence, a
similar scene to that noticed above, only with the addition that two or three
human beings will forfeit their lives. All this, we have little doubt, can be traced, directly or indirectly to WHISKEY.
Where or when is this to end? – Let our rulers read and ponder; they have an
awful responsibility. Last Address of Henry to His Fellow Prisoners Since writing the above we learn that the day previous to his
execution Henry requested the Sheriff to allow him to see the other prisoners
in the jail, which the Sheriff complied with and introduced them to the
condemned cell. Having requested their attention for a few minutes, the
unfortunate prisoner addressed his fellow prisoners to the following effect:
- “Oh, my friends, you see these
chains (holding out his leg); see what evil company has brought me to; but
one step more of the ladder is left for me to take – I am to die to-morrow, a
just sacrifice to the laws of my country. No doubt some of you, - nay, all of
us – may die before to-morrow – nobody can tell what an hour may bring forth;
but I am sure to died; the word has already gone forth which is to summon me
to the presence of my Maker. Oh, my dear friends, would that you could
realize what I feel, now that I am awake to the approach of this dreadful hour!
Only a few weeks ago, I did not know that there was a God or a Devil, a Heaven
or a Hell. No fear of future punishment deterred me from crime – no hopes of
future reward lured me towards the right path – no Saviour’s
countenance beamed with forgiveness and love upon the wretched sinner, Henry;
I thought when I died, I would be put in a hole, like a dog and that that
would be the end of me; but oh, my dear friends, a light has been shed upon
my soul – the sun of religion, proclaiming the salvation of the greatest
sinners through Jesus Christ the Saviour, has poured its rays into my
darkened heart; I now know that there is a God, a Devil, a Heaven, a Hell and
a glorious Saviour, Jesus Christ, in whom I trust. Oh, my dear friends, I
entreat you to listen to the last words of a dying sinner. Believe in Jesus
Christ, - make him your friend; remember always that there is a Heaven and a
Hell, a God and a Devil – In my career
of crime I used to steal and cheat, I robbed and murdered, and I thought
nobody saw me; but, my friends, God saw me and I am now going to reap my
reward; and God will also reward you according to your actions, which cannot
be concealed from His all-seeing eye. I have only to conclude with an earnest
entreaty to you all to attend to your churches, pay respect to religion and
to teachers, abstain, above all things, from intoxicating drinks and evil company,
which has especially been a means of bringing me to my present position. With
these few words of warning, which an interest in your welfare prompts me to
give to you, I now bid you all a last farewell. Remember
the fate of Joseph Henry. Once more, farewell!” |
