THE EXECUTION OF TWO BURGLARS.

New Zealand Mail, Issue 1163, 15 June 1894, Page 11

THE EXECUTION OF TWO BURGLARS.

INTENSE PUBLIC EXCITEMENT IN SYDNEY. Tho night of Wedne"day, May 30th, was one of great public oxcitomcnt in Sydney. That day tho petition of the two burglars, Montgomery and Williams, asking that their execution should be deferred until they had had an opportunity of petitioning the Privy Council for leave to appeal to that Court was considered at a meeting of tho Cabinet. During tho afternoon Mr Meagher, one of those who had presented the petition, received a notification that the Government had decided to refuse the prayer of the petition, and that the extreme penalty of tho law would be inflicted, as originally determined, at 9 o'clock next morning. The Government, it is pointed out, had precedent for declining to allow the convicts to petition the Privy Council for leave to appeal, that course having been adopted in tho case of a man named Morrison, who shot a policeman several years ago. THE PUBLIC DEMONSTRATION. The committee who had been working on behalf of those unfavourable to tho execution arrangod for a demonstration of citizens; but, as Sir George Dibbs expressed his strong disapproval of such a course, some of the more prominent members of the committee withdrew from the proceedings. However, Mr George Horkins had secured the pel-mission of the Mayor for a procession from the railway gates at JRedfern to the Queen's Statue opposito Hydo Park, and about 7 o'clock a crowd of a couple of thousand persons gathered at the rendezvous with a brass band and a couplo of big bannors bearing the word " Mercy" in capital letters. Mr Horkins undertook to act as marshal, and after the mother and wife of the condemned man Williams, with a couple of female friends, had been placed in tho front row, a start was mado for the Statue. En route the band played the " Dead March," and as tho march was continued thousands of spectators watched it from the footpaths, and others joined in the procession. The "torches" were of a feeble character, being composed of candles stuck in glass bottles. No disorder was created, but tho huge mass of human beings proceeding along the streets considerably impeded the traffic. When the Statute was reached the crowd must have numbered 20,000 people. At the head of Macquarie street a cordon of police was found stretched across the road, and opposito Hunter street similar precautions had been taken to "prevent the crowd assembling in front of Parliament House, where the action of tho Govirnment was being discussed on a motion for adjournment, or proceeding to Government House to interview His Excellency, as the leaders of the movement desired. Whon tho leaders of the movement saw that they could not get beyond the Statute a meeting was held there. Mr G. Horkins said that the huge assemblage had not gathered to make any display against the law, or the authorities for carrying out the law. Their object was to protest against the unnecessary shedding of human blood. (Loud cheering.) He asked that they should give the lie direct to the charge that this agitation was being created by the rabble of the colony. (Cheers.) Other speeches, all orderly, were delivered. Mr R. Norman said that at the present time New South Wales was a most unhappy country. All around them they had depiession and want, and now their sorrows were being added to by the contemplated perpetration of a judicial murder. (Cheers.) Another speaker, Mr McGuire, said he had known Williams from his school days, and until recently he was a hardworking, respectable man. His parents and the other members of his family were highly esteemed, and he was not at all likely to try to commit murder. That day he went to the gaol to see Williams. He found his wife and two young children with him. Williams went down on his knees and after kissing his little ones said to them, " They are going to murder your dada." That showed that on the threshold of the scaffold ho still thought he should not be executed, because he was conscious he had no intention to murder. ' THE PREMIER DECLINES TO RECEIVE A DEPUTATION. A motion deploring tho persistency of the Government in carrying out the extreme penalty of the law was agreed to, and a deputation of three appointed to wait on the Premier. They were escorted to the Legislative Assembly by the police. Sir George Dibbs declined to see the deputation, but expressed his willingness to receive a communication from one of them. A letter was accordingly written conveying tho resolution passed by the mass meeting, and stating:— " We are now informed by the Inspector-General of Police that you decline to meet us within the precincts of the House. We therefore have now to require that you will receive us at some other place, or convey to us in writing your reasons for declining to do so, in order that we may convey them to the meeting which appointed us." Sir George Dibbs sent out a reply that he had previously received a deputation representing the people that had appointed the deputation. The decision of the Cabinet had already been conveyed to them, and he had nothing further to add. The members of the deputation returned to the Statue. The intimation that the Premier had refused to see them, and had allowed one of them only to enter the House, was received with marks of disapproval. A motion was carried denouncing the members of the present Parliamentary parties who vote in favour of the Government, and pledging the meeting to do its utmost to return a new party pledged to legislation in the interests of humanity. After 10 o'clock the crowd melted, and at 11 o'clock was not of very considerable dimensions. A number of persons, however, remained, making speeches and listening to others,

DEBATE IN PARLIAMENT. Considerable interest in tho debate in tho Legislative Assembly on the motion for | adjournment was displayed by tho public, and all portions of the House set apart for strangors were thronged. At one time it was thought that there was a possibility of j the Government being defeated, but as tho I discussion proceeded it was seen that the last effort on behalf of the men was doomed to failure. The motion for adjournment was negatived by 67 votes to 23. THE VIEWS OF SIR GEORGE DIBBS. I The Premier, in tho course of the dei bate, stated the position taken up by the j Government. It was rarely that he agreed j with Sir Henry Parkes, but he agreed with ; one sentiment he made that night, and he I believed the whole country would agree i with it that the judicial executive office of Government ought not to be mixed up with legislative function. They were dwindling down in the last days of tho Parliament into a degrading position. The question rested entirely with the Executive as long as tho Executive carried out the laws. The members of the Government had the same feelings o£ humanity as other I members of tho House. No one know the | amount of anxiety and pain that this case had caused them. They had devoted many more hours to the consideration of that caso than any case he had had the misfortune to sit in tho Executive to decide upon. Instead of pandering to a mob, there should be sympathy with the Executive in the painful duties they had to perform. Could anything prove more than that the utter unfitness of a Parliament like that to take into its hands the higher judicial function of government ? If hon members were not satisfied with the function of government there was one way of dealing with the Government. Reference had been made that night to the petition lodged by the men for right to appeal to the Privy Council. What did they havo the Crown law officers and tho Executive for ? If the Executive and Crown law officers thought that tho action was only one brought about for the purpose of delaying the execution of justice, then it became the duty of the Government to refuse the right of appeal to the Privy Council. This question had given the Government a very large amount of consideration, and of courso they looked for precedent in a similar caso. Tho Premier then quoted tho case of Morrison, to whom power to appeal to the Privy Council was refused by the Parkes Government. Sir Henry Parkes: Tho case was one of actual murder. Sir George Dibbs: Mr Barton and Mr Healy said there were stiong grounds for saying that it was not murder. Tho criminal at the trial made a statement that tho constable in attempting to arrest him had used violence and gross brutality, and he used tho revolver for tho purpose of disabling the policeman. THE DEMEANOUR OP THE CONDEMNED MEN. After the decision of the Cabinet Mr R. D. Meagher went up to Darlinghurst Gaol to acquaint the condemned men with the fact that they must prepare for tho carrying out of the dread penalty. Ho went to Montgomery's cell first. He found Montgomery walking up and down, his irons clanking behind him with painful monotony. The unfortunate fellow received the dread news with stoicism, and then sat down for a last chat with his legal adviser. Mr Meagher concluded the painful interview with a last injunction to Montgomery to make his peace and listen to the words of his spiritual adviser. As they shook hands, Montgomery took those of his visitor in his own, and remarked that Mr Meagher had been the best friend he had ever had. There was not the sign of a tremour in his voice. On visiting Williams' cell, Mr Meagher was confronted with a piteous spectacle. Leaning against the bars of the condemned cell, with tears coursing down her pale cheeks, stood the wife of the doomed man, her right arm outstretched and resting lovingly on her husband's head. Williams himself was leaning over a table against the bars, with his head bowed and averted, the picture of abject misery. Mrs Williams did not appear to realise that there was no hope of a reprieve, and Mr Meagher advised her to take a final farewell of her husband. She then accompanied Mr Meagher to the governor's room, where some arrangements were made as to claiming the body after the execution. Williams was attended by the Rev J. Austin, Wesleyan minister, of Bourke street, since the sentence of death was passed upon him. Montgomery more than once expressed satisfaction that he had no near relatives to moura his disgraceful end. He preferred to belong to the Church of England, and accordingly Canon Rich, the gaol chaplain, administered to his spiritual requirements. THEIR LAST TALK ON EARTH. The night before the execution Montgomery made a request to the Sheriff to be allowed to have a chat with Williams. The Premier and other members of the Executive were consulted, and eventually the Sheriff told Montgomery that if he did not / get angry during the interview he would I allow it, and the man promised not to do j so. The Sheriff then asked Williams if he i wauld like to see Montgomery, and, receiving a reply in the affirmative, the men ' were allowed to see one another. They chatted together for about half an hour, discussing the facts of the crime. In the course of the conversation Montgomery asked W r illiams what he had said about him, and he replied that he did not think he had said much. Williams complained that Montgomery had led him into the affair, and he said Montgomery ought not to have done so, knowing him to be a younger man and married. Williams further said that it was not Montgomery who struck Constable Bowden, but another man as big as Montgomery. As the men parted Montgomery remarked, " Well, we die together to-morrow:" and Williams replied, ** Yes, I suppose we shall meet again." <4 l think so," said Montgomery; and Williams, turning to his companion in crime, said, " You

should not say ' I think so ;' you should bo sure." A WOMAN'S STRANGE OFFER. A young woman, who is afflicted with religious mania, made a public proposal to the Government to be hanged instead of the two condemned men. As no consideration was given to her offer, she attended a meeting of a religious sect with which she < is connected, and said she was ready to make of her body a burnt offering on bohalf of the two men. With some difficulty she was quietened and conveyed to her homo. Sho was next day sent to an asylum. THE EXECUTION. The execution took place shortly after 9 o'clock on tho morning of the 31st, within the walls of Darlinghurst prison. Tho men passed a tolerably peaceful night. Canon Rich and the Rev J. Austin arrived at the gaol at about 8 o'clock, and went at onco to the men's cells. Canon Rich remained with Montgomery until the last, and most of the time they were engaged in prayer. The Rev J. Austin was with j Williams, and tho time until 9 o'clock I was spent in prayer and singing hymns. Just before 9 o'clock the Sheriff visited the men in their cells, and told them that the time of execution had come. Both men, in answer to a question, replied that they had no request to make. Williams was at this moment with the Rev J. Austin, singing a hymn. Both men said they were quite prepared for the end. The hangman Howard and his assistant were sent for, and the two condemned men submitted to bo pinioned. Tho irons were lemoved, and the white caps affixed to their heads. The Sydney Morning Herald goes on to state: —The men were then taken to the place of execution. Montgomery led the way, the Rov Canon Rich following him. Then camo Williams and tho Rov J. Austin. Tho Rev Canon Rich read the burial service. Montgomery walked on to the scaffold with a firm step and placed himself under tho beam, to which tho rope was attached. Williams also walked with a firm step, and was placed in position by the hangman. The men were asked whether they desired to say anything, and they replied in the negative. Tho ropes were adjusted; the assistant hangman pulled tho lever, and the two men fell. Montgomery's death was instantaneous ; thero was not a movement in the body after it fell. Not so with Williams. While the hangman was adjusting tho rope around Williams' neck tho condemned man fainted, and was supported by Howard putting his hand upon the man's shoulder. However, Williams fell slightly backward, and as ho did so he extended his left arm from the elbow where ho was pinioned, evidently with tho intention of preventing himself from falling. As tho body fell tho ropo became entangled under the left elbow, and tho body fell sideways, tho feet knocking against Montgomery. The body hung for a few moments in this position, but the assistant hangman shook tho rope, and the body was allowed to hang in an upright position. There was some slight movements observable in the body, but they did not last long. Williams died from suffocation. After the bodies had been hanging for about 20 minutes Dr O'Connor examined Williams' body with tho aid of a stethoscope, and pronounced life extinct. Tho bodies were then taken down and removed to tho morgue. The customary inquest was held, and a verdict of judicial hanging was returned. It appears that one ropo was much shorter than tho other, and it was intended that Williams should be hanged by the long rope, and Montgomery by the shorter one. By some mistake, however, tho positions of the men were reversed.