John Kewish
Encyclopedia
John Kewish, Jr. was the last person executed
by the Isle of Man
. He was convicted and executed for the crime of patricide
.
. Additionally Thomas Kewish, John Jr.'s brother, admitted there was an ongoing argument between John and his father. The police felt this was strong enough evidence to arrest John, Jr.
. At his first trial his only defence was that he had not committed the crime. After 14 hours of deliberation the jury was unable to reach a verdict. A new trial was ordered when the jury foreman became ill and deliberations were unable to continue. There is evidence that a majority of this first jury believed Kewish to be either innocent of the crime, or so simple minded as to not be responsible for the act. (According to one of the jurors, seven of the twelve believed he was not guilty.) At Kewish's second trial his advocates added the additional plea of not guilty by reason of insanity submitting that either he had not committed the crime or if he had, his mental disability freed him of responsibility. Insanity was later supported by an examining physician’s statement that Kewish's mind was unable to comprehend the moral “turpitude” of such a criminal act. After an hour's deliberation the jury convicted him of patricide. The presiding deemster
, William Drinkwater
, sentenced Kewish to the mandatory punishment of death by hanging
.
advised the Queen that he could not recommend mercy. He felt the crime was premeditated, committed from greed, and added that neither the deemster nor the jury had recommended mercy at the trial.
Manx law at the time required the British Crown to order the execution by positive act. Queen Victoria
was displeased with this which she indicated in a letter to the Home Secretary. He apologised and promised to bring Manx law into compliance with that of England which did not require such an order. Although expressing personal doubts about the case, she took his advice and indicated that the execution was to proceed.
, had to be brought over from England to carry out the sentence. Kewish was hanged in Castle Rushen
at Castletown on 1 August 1872 and he is buried there. It was the only non-public execution that took place under Manx law.
abolished capital punishment in the Isle of Man. Five people were sentenced to death (for murder) on the island between 1973 and 1992 but all death sentences after Kewish's were commuted
to life imprisonment
by the Home Secretary of the United Kingdom using the Crown
's Prerogative of Mercy
.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
by the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. He was convicted and executed for the crime of patricide
Patricide
Patricide is the act of killing one's father, or a person who kills his or her father. The word patricide derives from the Latin word pater and the Latin suffix -cida...
.
Background
Prior to his arrest John Kewish, Jr. lived on a farm with his elderly parents. He was the oldest of seven siblings and was unmarried. Kewish's father, John Kewish, Sr., was found dead in his home on 28 March 1872. Kewish, Jr., who had a history of crime including sheep stealing, was arrested and charged with patricide. He was described as being mentally disabled.Depositions
According to depositions the body was found the evening of 28 March by the victim's wife, Mary Kewish, and a neighbour. The following day the family moved the body, washed it, and prepared it for burial. It wasn't until 30 March that someone decided to contact the police. On 31 March a police doctor examined the body and noted six wounds (four on the back and two on the chest) which he felt were caused by three thrusts from a small pitchforkPitchfork
A pitchfork is an agricultural tool with a long handle and long, thin, widely separated pointed tines used to lift and pitch loose material, such as hay, leaves, grapes, dung or other agricultural materials. Pitchforks typically have two or three tines...
. Additionally Thomas Kewish, John Jr.'s brother, admitted there was an ongoing argument between John and his father. The police felt this was strong enough evidence to arrest John, Jr.
Trials
Kewish was tried twice before a juryJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. At his first trial his only defence was that he had not committed the crime. After 14 hours of deliberation the jury was unable to reach a verdict. A new trial was ordered when the jury foreman became ill and deliberations were unable to continue. There is evidence that a majority of this first jury believed Kewish to be either innocent of the crime, or so simple minded as to not be responsible for the act. (According to one of the jurors, seven of the twelve believed he was not guilty.) At Kewish's second trial his advocates added the additional plea of not guilty by reason of insanity submitting that either he had not committed the crime or if he had, his mental disability freed him of responsibility. Insanity was later supported by an examining physician’s statement that Kewish's mind was unable to comprehend the moral “turpitude” of such a criminal act. After an hour's deliberation the jury convicted him of patricide. The presiding deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
, William Drinkwater
William Drinkwater
Sir William Leece Drinkwater was a First Deemster of the Isle of Man.Drinkwater came from an old Liverpool family and was born on 28 March 1812. His great-grandfather was Mayor of Liverpool in 1810 and married a Miss Leece, of Ballamona, Braddan...
, sentenced Kewish to the mandatory punishment of death by hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
.
Post-trial
Although convicted, Kewish had the hope of receiving leniency from the British Government. The Lieutenant-Governor received several sworn statements intended to encourage leniency including from the jurors of the first trial, his examining physician, and others. Kewish's post-trial statements were inconsistent. At one point Kewish's gaoler stated that Kewish admitted he had accidentally shot his father and hid the weapon in the thatch of an outhouse (where a bird gun was later found). At other times Kewish repeated his claims of innocence and requested a free pardon. The pitchfork had not clearly been identified however the Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
advised the Queen that he could not recommend mercy. He felt the crime was premeditated, committed from greed, and added that neither the deemster nor the jury had recommended mercy at the trial.
Manx law at the time required the British Crown to order the execution by positive act. Queen Victoria
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
was displeased with this which she indicated in a letter to the Home Secretary. He apologised and promised to bring Manx law into compliance with that of England which did not require such an order. Although expressing personal doubts about the case, she took his advice and indicated that the execution was to proceed.
Execution
Locally there was reluctance in becoming involved in the execution. Craftsmen initially refused to build the gallows and an executioner, CalcraftWilliam Calcraft
William Calcraft was the most famous English hangman of the 19th century. One of the most prolific British executioners of all time, it is estimated that he carried out 450 executions during his 45-year career...
, had to be brought over from England to carry out the sentence. Kewish was hanged in Castle Rushen
Castle Rushen
Castle Rushen is a medieval castle located in the Isle of Man's historic capital, Castletown in the south of the island. It towers over the Market Square to the south-east and the harbour to the north-east...
at Castletown on 1 August 1872 and he is buried there. It was the only non-public execution that took place under Manx law.
Aftermath
After the execution, Queen Victoria was petitioned to put an end to the death penalty. She declined, and it wasn't until 1993 that TynwaldTynwald
The Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
abolished capital punishment in the Isle of Man. Five people were sentenced to death (for murder) on the island between 1973 and 1992 but all death sentences after Kewish's were commuted
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
by the Home Secretary of the United Kingdom using the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
's Prerogative of Mercy
Prerogative of Mercy
In the British tradition the Prerogative of Mercy is one of the historic Royal Prerogatives of the British monarch in which he or she can grant pardons to convicted persons...
.
External links
- Peter W. Edge, "The Law and Practice of Capital Punishment in the Isle of Man", 1996, accessed 2008-08-13.
- Stephen Kelly, "The Patricide of John Kewish", 2010.
- Ramsey Courier, "Memories of Southside Parishes", 1930.