P. FANE.
Every line in the sketch that I am now going to transcribe from my original record, ought to be written in letters of blood. It presents a complication of crimes as foul as human wickedness can perpetrate, and a society of criminals whose breath would pollute the atmosphere of Paradise. I shall be very particular in noticing every important circumstance in this case, and in suppressing those feelings of indignation, which at this distance of time and place, kindle in my breast, when the gushing blood and dying image of the victim rise up before my mind.
Fane was an Irish youth of about twenty, and had no relatives, acquaintances, or friends in this country. For some petty crime he was sent to the prison for three years. He was of a sprightly but harmless turn of mind, and he did not at all times keep a prudent check upon his vivacity; which was the cause of his suffering now and then the lashes of that authority, which, always frowning itself, could not endure the sight of a smile. But the greatest difficulty was, he could not perform so much labor as was required of him, and what he did perform was not always so good as was expected by his rulers. Why it should be thought a crime for a man not to learn a trade, so as to do a full day's work at it, in the brief space of three months, I am unable to say; and why any one should expect from a learner the perfection of a master, is equally strange. But none of these considerations entered into the purposes of his superiors, and he was consequently in perpetual punishment, either in the solitary cell, or in carrying round the yard and shop a large block of wood chained to his ancle.
In one or the other of these states of suffering, Fane spent much of the short time of life allotted to him after he entered the prison. About the time of his bloody catastrophe, he was associated with Plumley and two brothers by the name of Higgins, who were quite as much under the frown of authority as himself; and at this time they were all in chains, but compelled to do their daily task on the loom. Spending their nights in the same room, and being equally rash and reckless, they formed a resolution to attempt an escape by forcing their way, by means of some planks and a ladder, over the wall. This was to be done early in the morning, as soon as they were let out of the room. A more foolish plan could not have been laid, for, with the means they used, no one could have made his way over the high walls of the prison. Such, however, was their plan, and each one having his particular part assigned him, they were determined to try to effect their escape.
To this rash act, the injustice and inhumanity of their sufferings, no doubt prompted them; and it is a truth which will one day be made manifest, that most of the enormities committed by prisoners, have sprung from the same source. Should prisoners be treated with proper tenderness, instead of being tortured as they are, thirty reformations would take place where one does not now. I speak this from observation and experience; and I am constrained to add, that many of the keepers are as far from amiable and virtuous principles, and from morality of conduct, as the prisoners. I allude not to the keepers as a body, for I am happy to know that there are some of them, who are, in every sense of the terms, benevolent, upright and gentlemanly. These condemn the conduct of the others as severely as I can, and they ought to be respected as redeeming spirits amidst the fallen and depraved ones with whom they are under the necessity of associating. Their number, however, is comparatively small, and they do not generally stay long.
Before Fane and his party could make their rash attempt, they were under the necessity of delivering themselves from their chains, which was an easy task. While they were doing this in their room, the night before the time fixed upon to escape, they made some noise with their file, which drew some of the keepers to the window of their room to listen. By this means they learned the whole plan—heard them talk it over—knew it was to be the next morning as soon as the doors were opened—knew all the steps in contemplation—knew that they had freed themselves from their chains, and were in perfect readiness for the morning. All this was known to the authority of the prison the night before, as I was often told by several of the keepers, and particularly by the deputy keeper, with whom I conversed freely and fully on the subject.
And here I should like to submit the question, whether, with this knowledge in his possession, the Warden acted right in letting these four men out of their room? Ought he not to have kept them in till the other prisoners had got to their work, and then told them that their plan was known, and that it was too late to make the attempt? Had he done this, he would have been commended, and one of the most unhappy events would have been prevented. If it is a true principle of law, that he, who not only does not prevent, but virtually affords facilities for the commission of a crime, is in some degree guilty of that crime, then I will leave the Warden of the prison to answer for the death of Fane.
In the morning, they were let out, and they went forward like madmen to their fatal project. A lad of about seventeen was on the wall as guard. Prepared for the event, he watched them as they advanced with their plank, and placed it against the wall, but made no attempt to fire. The first that went up were the Higginses and Plumley; Fane was in another part of the yard after a small ladder, which he broke in removing it from its place. Finding that the ladder was broken, and that their other means were insufficient, they retired from the wall, abandoned the attempt, and went behind the chapel. No shot was discharged at either of them; but when Fane, who had not yet been at the wall, ran up that way, before he got within three rods of it, the guard levelled his musket at his head, as deliberately as if he were going to shoot at game, and dropped him lifeless on the ground. The ball passed through his temple, and a buck shot through his cheek; the blood gushed out of his head in a large stream, and ran down on the ground nearly a rod.
It has always appeared strange to me, that the guard did not fire on one of the others, but reserved his death-shot for Fane. He was asked this question once, and also why he fired at all, and his answer was, that Fane was throwing stones at him, one of which, he said, hit him on the cheek. This however, was not true: I saw Fane from the time he came out of his room till he fell dead, and I saw him throw nothing. Indeed he could not have thrown any thing, for as he lay in death, he had firmly clenched in one hand, the chain which he had cut from his leg, and in the other, the knife which he had used as a saw in cutting it. These I saw in his hands the minute he fell, and I know that, with them, he could not have thrown a stone or any thing else.
But if Fane's throwing a stone at him was crime enough to deserve death, why did he not deal out the same punishment to Higgins? He had the same provocation from him that he pretended to have had from Fane, for Higgins threw a club at him, after he had shot his friend, which, if it had hit him, would have killed him; but he sent no shot at him. The fact is, Fane was an Irishman, and there was no friend to look after him, but the others had relatives near; and if it was determined that one of them should be killed to impress a dread on the rest, Fane was the pre-determined victim. I do not say that such was the case, but if it was not, I should like to know why they were let out of the room, when their plot was so well known? and, also, why Fane, who was the least outrageous of the four, should have been shot, and no attempt made on any of the others?
After he had committed this bloody crime, the guard began to be alarmed, and thought of going off. That his conscience thundered, I have no doubt; and that the sentiment of guilt which pierced his soul, should array the gallows before him, was what might have been expected. He was, however, consoled by his superiors, and the coroner's verdict, that Fane came to his death in consequence of the guard's doing his duty, calmed him completely, in respect to his legal apprehensions.
I have no disposition to censure the verdict of the jury of inquest; they no doubt acted conscientiously. Still, I doubt very much whether it was the duty of the guard to kill Patrick Fane. If it was, on what account? Was there any danger of his escaping? No; this was not pretended. Was the guard in any danger of personal violence? No. The story of stones being thrown at him is destitute of all proof but the guard's own assertion, and is confuted by a hundred eye witnesses. What, then, rendered it his duty to kill his prisoner? It was not his duty; neither the law nor the facts in the case made it so; and a justification of that deathly act, can be found in no established principle of jurisprudence, or of moral conduct. If he had fired towards him merely to alarm him, or if he had wounded him slightly in his legs, he might have been excused; but to deal in death at once, and that without any just cause, is a crime for which we shall seek in vain for either excuse or extenuation.
I do not, however, mean to deal too severely with this young and inexperienced guard; he was under authority, and he had orders to obey. But I mean to exhort those who gave him such orders to settle the case with their consciences, that they may die in peace. He has suffered much since that fatal morning, and for many years his countenance denoted that all was not peace within. I pity him, and most sincerely do I hope, that no other promising young man will ever listen to the voice of the aged, and do that which will bring the blood of a fellow being on his soul.
After the alarm was over, Plumley and the Higginses were committed to the solitary cells, and Fane was left weltering in his blood till afternoon, in full view of all the prisoners, and of the hundreds of citizens who came in to see him.
About this time, preparations began to be made to bury him. A principal officer in the place told the carpenter to make a box of rough boards not regarding the shape at all. "Don't," said he, "make a coffin, but a box, and bury him in his clothes, just as he is." The carpenter, however, took it upon himself to make a coffin, and to make a very good one.
During the afternoon, a very remarkable alteration was made in the funeral preparations. Instead of burying him in his clothes, as was directed, he was dragged on the ground like a dead dog, round to the other side of the chapel, and there stripped, laid on a board, and washed all over with brine; his head cleaned, and his hair combed, and then wrapped up in a clean sheet. This was paying his remains a degree of respect which was never paid to a prisoner before, and the inquiry was very naturally made—"What does it mean?" Some thought that the hearts of the keepers began to relent, and that this was a sign of a troubled conscience. Others thought differently, but it remained for time to explain the mystery.
The burying place is in the yard of the prison, and close by the building in which the prisoners sleep. There Fane was buried in the neat and clean style described above. Those who buried him, thought that his body might be taken up and given to the doctors for dissection, and to be certain, they marked the grave in such a way that it could not be disturbed without their knowing it.
The next morning the grave was examined, but no alteration had taken place; but the second morning, the grave was found to have been opened, and the news went through the prison like a flash of lightning. "What! is it not enough to murder him, must his body be disturbed and given to the doctors?" was the indignant and wrathful expression of every tongue. The whole prison was in a blaze, and the united demand of the prisoners for an explanation was not trifled with. At noon the principal officers came into the dining room, when all the prisoners were assembled for dinner, and each of them made a speech, touching the subject of the violated grave; and it is due to them both, to give the reader their speeches unaltered, that he may judge of their guilt or innocence from their own words.
The Warden said, that a suspicion appeared to exist, that Fane's body had been taken away, but he thought without foundation. The grave did not appear to him to have been touched. At any rate, if the body was gone, he knew nothing of it, and he did not think that any of the keepers or guard did. He could not see how it could be dug up, and the prisoners not hear it, as the grave was so near them. But if that could be done, he thought it could have been taken out of the yard but by one of two ways, and if it went through either of these, the noise of the great gates must have been heard. His opinion was, that his body was still in the grave; but if it had been taken away, he knew nothing about it, and he did not think that any of the rest of the keepers did.
This was the poorest speech I ever heard that man make, and his appearance told too plainly to be misunderstood, that from some cause or other, his mind was troubled. I do not mean to say that he removed the body himself, but when you hear the other speech, you will know that the prisoners had reason to suspect something.
The Superintendent said: "I clear nobody. That grave has been disturbed, and the body has evidently been removed. I did not once dream of such a thing; if I had had the least suspicion of it, I would have placed a guard there. It was his sacred bed till the morning of the resurrection, and no one had any right to disturb him. I don't know what to think, but I know that there is guilt somewhere, and, as the Superintendent of the prison, I will spend five hundred dollars but that I will find something about it."
This satisfied the prisoners of the innocence of the Superintendent, but not of the Warden. They retired to work fully convinced that the Warden knew about the removal of the body, and that conviction has not been worn off, but confirmed by after reflection. The reasons for supposing that the Warden was knowing to the disinterment of Fane's body, I shall now state, leaving the reader to judge of their force.
1. The Warden had a son at that time studying in the medical college at Hanover, only fourteen miles distant from the prison.
2. He ordered the body to be washed in brine, and laid out in a clean sheet, a mark of respect not granted to other prisoners.
3. The body was taken away, and it could not have been removed without the knowledge of the guard, who was on duty that night; for he passed directly by the grave every hour and a half all night, and sat so near it at all the other times, that he could hear a nut shell fall on it. It was then impossible for the body to be taken away without his knowledge; it could not have been stolen away by any one in the short time of an hour and a half, nor could the grave have been opened and closed without giving alarm.
And it was equally impossible for one of the guard to know this, and be accessary to it, without letting others into the secret, for one was on duty only an hour and a half, when he was relieved by another.
Nor could all the guard have combined in this without the knowledge of the deputy keeper, for the keys were all in his care. Nor would any of the keepers or guard have dared to commit such an act, without the Warden's instructions. Without his knowledge this could not.
4. The Warden's guilty appearance; his effort to make it appear that the grave had not been touched; and if it had been, that he and all the keepers and guard were innocent.
5. The fact that nothing was ever done by him to find the body—no reward offered by him—no stir of any kind—but the business was hushed up, and the prisoners not allowed to speak of it to their friends, or mention it in any of their letters.
6. It became after a few years an undisputed report, that the Warden permitted the body to be removed for the benefit of his son; and the manner of the removal, and the persons engaged in it, were the subjects of frequent conversation.
Such are the reasons for believing that the Warden was the principal agent in the removal of the body. It is not my office to render verdict on the evidence adduced, but I may be permitted to say that if he was guilty, he was not fit for his office. The crime, according to the laws of that state, is severely punished; and aggravated as it was, if he was guilty, imprisonment for life would not have been too great a penalty. He was an officer of high trust, and he could not have been guilty of that crime without connecting it with perjury and burglary. And if to these be added the crime of being accessary to his death I would ask what can be wanting to cap the climax of his iniquity?
I do not say that any of these sins belong to him. He may be innocent, notwithstanding all these appearances and I could wish that he were. There is darkness around the subject, too much for him if he is not guilty, but not enough if he is. One thing is certain, it will be known at some future day; and if he should finally have to plead guilty before his God, his punishment will not linger then, though he may escape it here. He had taken an oath to enforce the laws, and abide by them himself, and in particular to treat his prisoners tenderly and humanely; and if instead of doing so, he broke them, and became the destroyer of life, and the disturber of the repose of the dead, I envy him not his peace of mind in this world, nor his doom in the next.
The Higginses and Plumley were confined in the solitary cells on bread and water for thirty days, a punishment by many degrees more painful than death. This was the second time that Plumley had endured that punishment, and this laid the foundation for that disease which carried him down a neglected and suffering victim to the grave. The Higginses served their time out and were discharged.
Various reports were circulated about the guard who shot Fane. He left that part of the country in a few years, and went to the West, where, it was reported, he gave himself up to drinking, and became deranged. For the truth of these reports I shall not vouch, though I firmly believe them, and I am well assured that he never can think of Patrick Fane without remorse.
It escaped my recollection in the proper place, that one of the prisoners was looking out of his cell window near the grave the night that Fane's body was taken, and saw the deputy Warden so distinctly as to be able to describe his dress and appearance, which he did in his presence, before all the officers and prisoners. The deputy noticed how particular the description was, and said, with a blushing smile—"He has described me exactly." No doubt he felt the force of his conduct, and conscience evidently was accusing him. This is another evidence that the body was taken by permission of the officers, and with their assistance.