CAPITAL PUNISHMENT IN WELLINGTON COUNTY
by Ross W. Irwin

"In all cases where an offender is sentenced to death, the sentence or judgement to be pronounced against him shall be that he be hanged by the neck until he is dead."¹

In the transition of capital punishment between Europe and Canada in the early 1700's, practices such as beheading and boiling in oil were discarded. The accepted punishment for capital offenses became hanging, an abhorrent act to the native Indians which proved to them how uncivilized were the new immigrants.

The Royal Proclamation of 1763 replaced the prevailing Canadian style of justice with the laws of England. The adopted British Criminal Code included 220 to 230 offences punishable by death.

Property was more highly valued in early Canada than human life and the list of crimes to which capital punishment applied grew quickly to more than 100. However in February 1833 the number of cases in which capital punishment might be inflicted was reduced to 12, namely high treason, petit treason, murder, rape, abusing and having carnal knowledge of a girl under ten, buggery with man or beast, robbery with wounding, mail robbery, casting away a ship at sea and exhibiting a false signal and endangering a ship, burglary with assault, arson and accessory before the fact.²

The Consolidated Statutes of Canada (1859) maintained the death penalty for those crimes listed in 1833. However, by 1865 the death penalty had been abolished in all cases except murder, treason and rape. The execution was no longer a public event - "Judgement of death to be executed on any person shall be carried out within the walls of the prison.".³

The Criminal Statutes set out the manner in which the prisoner was dealt:⁴

subsection 3 - "Every person convicted of Murder, ..., shall suffer death as a Felon".

subsection 5 - "And be it enacted, that every person convicted of Murder, shall, after judgement, be confined in some safe place withing the Prison, apart from all other prisoners, and shall be fed with bread and water only, and with no other food or liquor, except in case of receiving the Sacrament, ...., and no person but the Gaoler and his Servants, and the Chaplain and Surgeon of the Prison, shall have any access to any such Convict, without the permission, in writing, of the Court or Judge before whom such Convict shall have been tried, or the Sheriff or his Deputy."

The second change was the introduction of a new type of gallows to replace the gibbet. It featured a wooden platform which contained a trap door that swung downwards from beneath the feet of the prisoner. A horizontal beam, supported by two upright posts, secured the rope. The "drop" varied from one to three feet. There was usually sufficient space beneath the apparatus for the hangman to seize the legs of the condemned and add his weight to hasten strangulation.⁵ The common practice of the hangman selling the victims clothes does not appear to have occurred in Wellington County.

The execution date was often set for two months after the sentence to allow time for the accused to petition and claim lenience. The death sentence was confirmed by the Department of Justice. The Governor-General signed the order. The County Sheriff had the duty of looking after implementing the sentence including construction of the gallows and arranging for a hangman.

This paper briefly reviews the unfortunate events which were the reasons for the sentence of death for a crime carried out in Wellington County.

Charles COUGLIN - 1847

The Event
Guelph town and township were thickly populated with Irish immigrants. The Protestant and Roman Catholic families often did not get along and many fights took place. The Coughlin family settled on Speedvale Avenue about 2.5 miles from the town, adjacent to the Oliver family "who had a reputation for disturbing the public peace". Members of the Coughlin and Oliver families frequently fought.

On March 22, 1847, Charles Coughlin had gone to Guelph to buy shingles. Robert and Richard Oliver were also in Guelph with their father. The Oliver's took their father home and were returning to town to get their brothers. On their way, on Hewett's Hill, they met Tom Coughlin. Richard Oliver gave him an unmerciful beating with a stick. Also with them were John Oliver, armed with a stick, and a young brother who had a bayonet. William Coughlin had asked "Where are you going you Orange pup?".

The Olivers turned around to go home but between the eastern foot of Mitchell's Hill and James Gays's tavern the Coughlin's took after them to get even for the beating received by Tom Coughlin. The Olivers attempted to outrun them but the sleighing was very poor and the horses were tired. Richard Oliver got off the sleigh. Charles Coughlin caught up to the sleigh where a fight ensued. Charles was getting a beating. He produced an old jack knife which he used to stab Richard who ran off, crawled back in the sleigh, and died.⁶ On Wednesday the 24^th, a post-mortem examination was performed and a Coroners Inquest was held in the Court House. Charles pleaded not guilty to the charge of murdering Richard Oliver, on March 22, 1847.

The lengthy evidence, summarized above, was heard at the next Wellington Assizes, May 29, 1847. The verdict was guilty: to be hanged on the 1^st of July, next.⁷

The Execution
As time drew near, when Coghlin was to be hanged the authorities deemed it advisable that precautions should be made to prevent the peace being broken, "or any inconvenience being suffered in carrying the law into effect". For this purpose the space between the court house and gaol was strongly barricaded with 12-foot high planks. About 60 special constables were sworn for three days service. However, Sheriff Grange encountered difficulty inducing anyone to erect the gallows. William Richardson took the contract but quit under threat of harm. James Clarvise finished the work but did so after first asking Coughlin's parents for forgiveness. He was also threatened by the family and quit work until the local priest urged him to continue. His home was burned that evening.

About 1,500 people collected to witness the event, including a considerable number of women and children. The time of execution was altered from 8:00 a.m. to 10:00 a.m. to satisfy the jam of people. Coughlin could not write; however, a very lengthy statement was written the evening before. The 30-minute address was repeated to the assembly from the scaffold. Coughlin stated in part, "It is about two years since I left my native home and little did I think that I was coming to America to be hanged for murder - but a murderer I am not."

The prisoner, Coughlin, mounted the gallows outside the court house. "A cap was drawn over his head, the rope properly adjusted around his neck, and he stepped on the "drop". The drop was then cut, and in two or three minutes life appeared extinct. The body was delivered to the family for burial on Saturday in the Roman Catholic burying ground".⁸

Attendance at the funeral was exceptional. The procession reached "from the gates of the burying ground (Church of our Lady) through the Market Square, around Brock's corner, and some distance down Woolwich Street". It was estimated there were 400 - 650 in wagons, on horse back, and on foot. The Editor of the Guelph & Galt Advertiser wrote: "The assemblage ... induced us to suppose that one of our great benefactors had died, than that a culprit was about to be buried."

Following the event the two Guelph newspapers discussed at length the theme of capital punishment, they reviewed the impropriety of Coughlin's friends firing guns over the grave, and the problems with the erection of the gallows.

Coughlin's father had asked Thomas Heffernan, merchant, for green steam loom cotton for the funeral. Heffernan persuaded him to choose white so not to offend their protestant brethren. Heffernan had also witnessed the confession, and received blame for writing it, which he denied.⁹

John Heffernan of the Township of Guelph was also indicted as an accessory after the fact by concealing Charles Coughlin "from the pursuit of the Officer of Justice". He was eventually found not guilty.

Leo Johnson ¹⁰ in his History of Guelph discusses this unfortunate case in the context of religious differences, Irish rivalry, and bigotry in the community. The final episode of this sad story was the burning of Dr. William Clark's new Wellington grist mill on the morning of August 6 following many letters to the editor regarding the justice of the hanging. The loss of the mill to the community was £5,000. The reward of £100 for the arrest of the arsonist was never claimed.

Joseph FERES - 1848

The Event
The following year, the Guelph & Galt Advertiser, April 7, 1848,¹¹ reported a "Murder in Wellesley". At this time Waterloo County had its judicial office at Guelph. A Summons had been issued against John, Joseph and Thomas Feres, at the request of a Mr. Carter, for trespass and a charge of cutting saw logs on Carter's property in the Township of Wellesley. The summons was served, or an attempt was made to serve, by Constable Henry Wilson of that township. Note: The spelling of Feres varies with sources.

Joseph Feres, did not obey the summons. A warrant was issued, and entrusted to the same constable for service. He took with him his son, a lad of 17 who was armed with a loaded gun as a result of threats uttered against the constable. They went to Thomas Feres house but were induced to leave. Wilson sent his son home and went to the house of Feres' other brother, John.

Joseph Feres tried to escape but Wilson followed his tracks in the snow. Wilson informed Feres he had a warrant and asked him to accompany him. Feres would not walk and Wilson attempted to drag him. Feres grabbed Wilson's neck comforter, knocked him down, and apparently strangled him. He ran away, not knowing if Wilson was dead, and left him in the bush. When Wilson had not returned home for some days, about 20 neighbors searched for him. He was found dead near the residence of John Feres.

Joseph Feres and his wife and brothers were arrested. The Coroners Inquest by Dr. John Moffatt found a verdict of wilful murder against the three brothers. The trial was held at the Wellington District Assizes, May 26, 1848. Thomas Feres blamed Joseph for the death. The jury deliberated for 30 minutes and reached a verdict of guilty against Joseph Feres, guilty in the second degree against Thomas Feres, and found John Feres not guilty.

His Lordship concluded the trial by passing the following sentence viz.: "That Joseph Feres and Thomas Feres are to suffer the extreme penalty of the law, on the 26^th day of June next, by being hanged by the neck until dead". His Worship, however, recommended Thomas Feres for mercy, which was eventually granted.¹²

The Execution
"This unfortunate man was executed about five o'clock in the morning much to the chagrin of hundreds of people who were pouring into the town from seven to nine o'clock, in hopes of witnessing the sad spectacle". No hour had been mentioned in the warrant and the Sheriff gave Feres a choice of hour. He chose 5:00 a.m. The Rev. Arthur Palmer regularly visited Feres from the time of his condemnation and accompanied him to the scaffold.

A statement, witnessed by Arthur Palmer, was read by Joseph Feres a few minutes before execution. He reviewed his case and thanked the gaol staff for their kindness.

There were about 100 spectators present at the execution, "which was badly performed: the rope not being properly adjusted, prolonged the wretched man's suffering, during which he threw himself about in an agonizing manner". In the evening the body was deposited in the general burying ground (Baker Street) belonging to the town.¹³

Benjamin WHITE - 1860

The Event
Only a few persons convicted of murder were actually hung. For example, on December 21, 1859, Benjamin White, a coloured man formerly of Guelph, was murdered in Garafraxa by an inn-keeper, Edward Wicklow, while arguing over a dog which neither person owned. A Coroners Jury was immediately called and met in the inn. The Wellington Assize was held April 5 and he was sentenced to be hung June 16, 1860. The sentence was commuted at the last moment to imprisonment for life.¹⁴

George HARRIS - 1860

The Event
George Harris, 40 years old, a coloured man born on Yonge Street, Toronto, of the Township of Guelph was charged with wilfully murdering 16 year old Rachel Harris, a mulatto girl, formerly of Galt, on August 17, 1860. The prisoner pleaded not guilty.

Lucy Waldon, mother of Rachel Harris, stated Rachel was not married but had been living with George Harris for two years near Duffield's Tavern in the Township of Eramosa. Harris had come to her and said Rachel was sick. Lucy went to the shanty where they lived. There was a log against the door to fasten it. Rachel was on a bed with very few clothes on and she was bleeding on the right temple.

Harris then went to Isabella Johnston, stating Rachel was dead. He said she had taken a fit, ran into the bush and bruised herself. Harris, and Sophia Waldon, Lucy's sister, went to John Chambers for a coffin. Against his wishes Sophia took him to the Coroner instead. The Coroner sent Constable Alex Creighton to view the site. A jury was empowered within an hour.

The Coroners Inquest was held by Dr. Herod. It was revealed the prisoner had treated Lucy in the most cruel and brutal manner. He was in the habit of using violence toward her. Dr. Howitt stated her legs, thighs, back and arms bore numerous welts and stripes. There were many old scars, even though the external evidence was difficult to see on her mulatto skin. Dr. Howitt believed that Rachel did not die from any one injury but from many. She was of "Good character, but since she resided with him she is reported to have been most addicted to intemperance."

From the evidence given at the Coroner's Inquest Harris was committed to trial at the ensuing Wellington Assizes. Harris gave simple evidence that she was given to drink and abusing herself. She had run from the house and fallen, hurting her head. He carried her back and placed her on the bed and went for her mother.

Mr. Justice Hagarty said; "George Harris, you stand in an awful position, the Jury found you guilty of taking the life of a young girl, who you were in duty bound to protect. It is one of the most shocking murders I have ever heard of, a more awful crime could not be enacted; you have had a patient hearing."

His Lordship continued, "With the most earnest prayer for your happiness in the future world, I must now proceed to pass sentence upon you. That you be taken from this place back to gaol, and kept there 'till Friday, the 21^st of December next, and that you there be hanged by the neck till you are dead. And may God, for his Son's sake, have mercy upon you.¹⁵

The Execution
At an early hour cutters and sleighs containing loads of people from the country came pouring down Wyndham Street and went to the Court House. At 10:30 a.m. the entire space in front of the Court House was filled by the curious.

Harris's arms were pinioned and carrying a hymn book he left the gaol cell for the scaffold with Deputy Sheriff Grange, Revd's. Palmer and Stewart as well as Dr. Davidson the Methodist minister, Dr. Herod, Gaol Surgeon and Turnkey Taylor. He walked with a fine step, singing a hymn. "His voice was loud, and even musical". Arriving at the scaffold he walked up the stairs to the platform, the rope was adjusted round his neck and he stepped on the drop where he delivered his dying speech.¹⁶

In part, "It is intoxicating liquor that has brought me here. I am charged with wilful murder. This charge I utterly deny. I am innocent, although I may have beat her in a state of intoxication.

In the next place, I vow no ill-will to anyone".¹⁷

Henry WHITE - 1875

The Event

Henry White, a coloured man, was charged with the murder of his wife Susannah White in Peel Township. On August 11, 1875, they had attended a flax bee on the farm of a Mr. Johnston. They started for home at 10 p.m. accompanied by Arthur Smith, brother of Susannah. Smith was dropped off at his farm about 11:00 p.m. and the couple proceeded home. At midnight White aroused a neighbor, Mr. Farr, and said his wife was in the well and he needed help to get her out. She was dead.

An inquest was held and she was buried. Later, from White's actions foul play was suspected and her body was exhumed. The post-mortem disclosed extensive damages to her head from a beating. White was arrested and committed to trial by a Panel of Magistrates. He was lodged in gaol for trial at the Fall Assizes, November 4-5, 1875. White protested his innocence. The "evidence was almost entirely circumstantial, but it so implicated the prisoner that no doubt was left in the minds of everyone who heard it as to his guilt."¹⁸

The jury found for a verdict accordingly and White was sentenced by Hon. Stephen Richards, Q.C., who presided at the Assize, to be hanged December 23, 1875. The prisoner left the dock still protesting his innocence "but a few days after, the working of a guilty conscience, forced him to make a full confession in which he said he first knocked down his wife with a club, and afterwards put her in the well, to make believe the death had been accidental." Jealousy was at the bottom of the trouble as White suspected she was unfaithful to him, liking another man named Peter Wilson

Efforts were made on White's behalf to obtain a commutation of his sentence but the Minister of Justice concluded he could not interfere with the sentence.

The Execution
Sheriff Grange had all preparations duly made and on Wednesday the gallows were erected in the western corner of the gaol yard and the grave was dug immediately alongside. Ministers of the Methodist congregation visited the prisoner regularly.

Only persons provided with a pass could attend the execution in the jail yard. There were 50 people attending as well as "many in tall poplar trees outside the yard and on the roofs of adjoining buildings where the numbers of curiously inclined individuals were perched eager to see the execution". The gaol bell, which had not been used for many years, tolled that all was in readiness.

At 8:00 a.m. the executioner dressed in a black gown and with tape tied over his face pinioned White's arms. White addressed the crowd and thanked Mr. Mercer the Governor of the gaol and Mr. Taylor, the Turnkey, for their kind treatment, and Dr. Davidson, the Methodist minister, for his unceasing support.

White bid them all a long farewell and stepped back on the platform. Rev. Stewart read a prayer. The executioner advanced, a black cap was drawn over his head, and the noose slipped in place. He was again placed on the drop, and Rev. Davidson repeated the Lord's Prayer. When he came to the sentence "Lead us not into temptation" the executioner pulled the lever, the drop fell "and the unfortunate man launched into eternity which caused a thrill to run through the spectators". "The job was quickly and effectively done."

"After the drop, the body swung at full length. The business was most effectively done." The body was taken down and placed in the coffin. The medical examination showed the neck to be completely broken. An Inquest was held by Coroner Keating and the body buried in the gaol yard. "The executioner came from Hamilton and was evidently up to his business. It was said this was the eighth time he has officiated in that capacity."

The gallows was described thus: "The scaffold was of the plainest description. Four posts were set upright and on this, about eleven feet from the ground, a platform twelve feet square was built; around this a substantial railing. Seven feet above this, a beam ran across the centre of the scaffold, around which was fastened the rope, the noose on which had already been arranged. In the centre of the platform was a trap door four feet square, hinged on one side, and held up on the other with a draw bolt, worked by an iron lever on the side next to the gaol. A hole five feet in diameter and a couple of feet in depth was dug directly under the scaffold to allow for a sufficient drop. The length of drop given about eight feet. The scaffold was reached by a stair erected at the eastern side."¹⁹

William H. HARVEY - 1889

The Event
William Harvey was what would be termed a pillar of the community, an active member of St. George's Church, and Superintendent of their Sunday School. On the morning of March 26, 1889, Harvey, an accountant employed by J. W. Lyon's, World Publishing Company, was charged by Lyon with embezzlement of funds from the company amounting to about $400. Harvey had made bad investments and apparently took money from Lyon's company to repay the investments and intended to repay Lyon. When discovered he was distraught. Many thought he was the victim of madness.²⁰

Harvey went to Bond's Hardware store on St. George's Square and purchased a good revolver and 50 bullets, charging the purchase to Mr. Lyon. He went home, called his daughter Geraldine (age 12) from Miss Hayward's school, across the road, and shot her. He then shot his daughter Lillian M. (age 18) and his wife, Matilda, killing all three of them. The Guelph Mercury of March 27 headline reads "The Triple Murder"²¹. The family lived in a house at 284 Woolwich Street, across from the Baptist Church. This house was taken down in January 1965 and the murder recalled at the time.

Harvey went to Galt and took a train to Toronto with the intention of despatching his 17 year old son, J. Willie Harvey, who was working there. He was intercepted by police just as he was approaching his son.²² Harvey was arrested and tried for the murder of his wife, Matilda, and two children. He was found guilty and sentenced to be hanged November 29, 1889.²³

The Execution
There were 30 officials in attendance. On the roof of adjoining houses and on trees were perched boys and grown up men. Outside the walls were congregated a large crowd of people who made their "presence felt by laughter, curses and unseemly conduct."

Sharp at 8:00 a.m. the gaol bell summoned the doomed man to his fate. The executioner pinioned his arms and they walked through the snow to the gallows, which had been placed in the south-west angle of the jail yard by the wall. Venerable Archdeacon Dixon prayed. Asked if he wished to say any words, Harvey said "No". Dixon began the Lord's Prayer. The hangman placed a chisel against the cord. The blow against the rope made a deadly thud. Harvey's body raised two feet in the air and then fell the length of the rope. It was at once evident the hangman had made a blunder.

Groans of distress were heard from the dying man. The drop weight used was not heavy enough to immediately strangle Harvey who weighed 190 pounds and the noose had been placed too near the jawbone. Harvey, dangling on the rope make frantic efforts to remove the ropes and leg bands. The spectators stood looked on with horrified countenances. The hangman ran away. It was 15 minutes before Dr. Herod declared the man dead of strangulation.

The Globe headlined "Pathetic Procession to the Gallows" "An Awful Atonement" "Shocking Bungling on the Part of the Hangman" "The Victim for Ten Minutes in the Throes of Death" and reported "The cruel deed is done. The murder of three helpless women was atoned by W. H. Harvey in the gaol yard here this morning. He died like a stoic, but was hanged like a dog. The law has been satisfied but humanity was outraged by the shocking bungling of the youthful hangman.²³

"Long may it be again before those whom duty compels them to witness public executions will be called upon to view the excruciating contortions of a human being forced out of this world by the machinery of the law."

The Sheriff would not reveal the name of the hangman. However, it was found he was G. Smith, a native of the Island of Guernsey. The 22-year old was a labourer employed by Sheriff McKim on his farm at Drayton and was completely unfit for the duty. He was paid $25. The evening before the execution they suspected he might run away and a constable was secured to sleep with Smith in a gaol cell the night before.²³

Harvey was buried beside his family in the English Church Cemetery (Woodlawn). There is no monument to mark their place, just a marble slab with "Harvey"

Tony LEGATO - 1916

The Event
Tony Legato, a 25-year old Italian immigrant, was charged with shooting George Verne on October 24, 1915.²⁴ The prisoner made no plea.

There had been a quarrel between boarders who lived with George Verne at 164 Alice Street and Tony Legato who boarded next door at 162 Alice Street, Guelph, regarding new immigrants whom Verge offered to house in a small shack on Sackville Street. During the argument Verne slapped Legato's face and told him to go home.

Legato reappeared with a double-barreled shot gun and finding Verne shot him in the abdomen twice. Verne died in the General Hospital. The entire Guelph Police force was called out in an attempt to hunt Legato using a trained bloodhound. He could not be found.²⁵

Three weeks later, two soldiers from Guelph were in Chatham and recognized Legato. They informed the Chatham police who detained him. Chief Randall brought him back and lodged him in the County Gaol. Legato was placed on trial and the jury found him guilty of murder in the first degree. They made no recommendation for clemency. He was sentenced to be hanged July 5, 1916.

The Execution
Tony Legato was housed in the County Gaol under close supervision. On July 3 he spent most of the day watching workmen erect the scaffold in the gaol yard against the high stone wall just outside the window of his cell. At 3:00 a.m. on July 4, 1916, he used the handle of a tin cup to cut his throat and also choked himself with strips of clothing torn from his under garments.²⁶ Legato committed suicide the day before his scheduled hanging!

Sheriff Allan had specified that only a minimum of people would witness the hanging. Arthur Ellis, who had experience with more than 300 hangings, had been hired to carry out the sentence. Did Legato take the easy way out?

James GIOVANNIZZO - 1919

The Event
James Giovannizzo, age 22, a recent immigrant from Italy, was charged with the shooting of an Austrian/Ukrainian, Alex. Dutki, the night of March 30, 1919.

The crime was committed Sunday evening, March 30.²⁷ James Giovannizzo and an Austrian named John Nasadick planned to rob an elderly Austrian whose English name was Mike Handybura. A custom of the time was playing cards Sunday afternoon and evening. Handybura, one of the card players, had bragged he had $100 in his money belt. The game was at Tom Mallot's, a coloured man who lived at 170 Alice Street. Mallot apparently informed Giovannizzo and a Luggie Avian regarding the money belt. Handybura went outside and was assaulted and hit over the head with a bottle and the but end of a pistol. They found no money.

While Giovannizzo and Nasadick were leaving Tom Mallot's home where the robbery took place, the two men met Alex Dutki. Dutki was a disinterested party but when he remonstrated with Giovannizzo regarding the robbery and said he was going to call the police Giovannizzo shot him, twice in the abdomen and once in the leg.

During the trial Giovannizzo was said to be the most unconcerned man in the court room. He sat with a sneering smile and remarked that the witnesses were telling lies.

The Execution
The prisoner was originally very cocky and weighed over 160 pounds when he was sentenced. He wilted from a strong robust man to a helpless weakling weighing only 130 pounds when he was hanged - a pitiful figure. He never made a public confession.

The hangman was Arthur Ellis, Chief Executioner for the Dominion of Canada. Rev. Father Battaglia, S.J. offered prayer but before he was done "Giovannizzo was launched into Eternity" at 7:30 a.m. It was 19 seconds from the time the condemned man placed his foot on the first step leading to the scaffold until the trap was sprung. It was 14 minutes and 14 seconds before he was pronounced dead by Coroner Dr. Orton.²⁸

The black flag was lowered from the court house, the official notice to the public that the law had been carried out. This was the last public hanging, or judicial murder, in Guelph

William MOULTON - 1940

The Event
William Moulton, at one time lived in the Ennotville area. He was a Private soldier in the Perth Regiment. This unit was quartered at Queen Victoria Park, Niagara Falls, and detailed to guard the hydro canal. Moulton, age 32, lived at Stratford and was charged in the shooting of Private Andrew Phillips, age 28, of Carlingford. Moulton and Phillips were in Niagara Falls earlier in the day and had quarreled. Moulton had threatened to shoot him. Moulton had drunk too much wine and passed out. Friends put him to bed but late Sunday, July 14, 1940, Moulton arose and called Phillips from his tent. When Phillips appeared Moulton with a burst of profanity shot him once in the abdomen with a service rifle.²⁸ A charge of murder was laid. The Attorney-General's department transferred the case from Welland County to Guelph.

The Fall Assizes trial, under Justice Kelly, was held in Guelph September 12, 1940.²⁹ Moulton sat in the prisoner's box eating candy. The jury found him guilty of murder and he was sentenced to be hanged Tuesday, November 19, 1940. Sheriff H.C. Waind stated the execution order would be carried out in the Wellington County gaol. A death watch was commenced and visitors were forbidden to see him.

Just 24 hours before the scaffold was to be erected he was granted a stay of execution by the Under Secretary of State, Ottawa. The sentence of hanging was commuted to life imprisonment in Kingston Penitentiary.

Rev. Thompson stated, on behalf of Moulton "I have the utmost praise for the kindly and humane co-operation given by Sheriff H.C. Waind, Governor John Clark, Turnkey John Borland, Assistant Turnkey Wilbert Craig, and other gaol officials including the three death guards who surrounded the cell since he was sentenced."³⁰

SUMMARY OF CAPITAL PUNISHMENT IN GUELPH

NAME	MURDER	MURDERED	HOME	ASSIZES	HUNG
Charles Coghlin	22-03-1847	Richard Oliver	Guelph	29-05-1847	01-07-1847
Joseph Feres	22-03-1848	Henry Wilson	Wellesley	01-06-1848	26-06-1848
Ed. Wicklow	21-12-1859	Benj. White	Garafraxa	05-04-1860	Commuted
George Harris	17-08-1860	Rachel Waldon	Eramosa	23-11-1860	21-12-1860
Henry White	11-08-1875	Susannah White	Peel	04-11-1875	23-12-1875
William Harvey	26-03-1889	Lillian, Geraldine and Matilda Harvey	Guelph	07-11-1889	29-11-1889
Tony Legato	24-10-1915	George Verne	Guelph	18-12-1915	Suicide
Jimmy Giovannizzo	30-03-1919	Alex. Dutki	Guelph	10-04-1919	22-08-1919
Bill Moulton	14-07-1940	Arthur Phillips	Stratford	12-09-1940	Commuted

SOURCES OF INFORMATION

1. 22 Vic. c.20. 1859, Consolidated Statutes of Upper Canada.

2. David B. Chandler, Capital Punishment in Canada, 1976, McClelland and Stewart.

3. 26 Vic. c.62. 1863, An Act to prevent the execution in public of the sentence of death.

4. 4-5 Vic. c.27. 1841, An Act for consolidating and amending the Statutes in this Province relative to offences against the person.

5. Hanging in Canada, Frank W. Anderson, 1992, Heritage House Pub. Co., 62 pp.

6. Guelph & Galt Advertiser, March 26, 1847, and April 4, 1847.

7. Guelph & Galt Advertiser, May 29, 1847

8.Guelph & Galt Advertiser, July 9, 1847

9. Guelph & Galt Advertiser, August 4, 1847

10. Leo Johnson, History of Guelph, Guelph Historical Society,1977, pp.120-127.

11. Guelph & Galt Advertiser, April 7, 1848, p.2

12. Guelph & Galt Advertiser, June 1, 1848

13. Guelph & Galt Advertiser, June 29, 1848

14. Fergus News Record, April 5, 1860, p.3

15. Fergus News Record, August 24, 1860

16. Guelph & Fergus Chronicle, December 24, 1860, p.3

17. The Globe, December 22, 1860

18. Fergus News Record, December 23, 1875

19. Fergus News Record, January 6, 1876, p.2

20. The Guelph Daily Mercury, March 26, 1889, p.1

21. The Guelph Daily Mercury, March 27, 1889

22. The Globe, March 27, 1889

23. The Globe, November 30, 1889.

24. Supreme Court of Ontario, Judges Bench Books, RG22, Series 392-0-6425..

25. The Guelph Evening Mercury, October 25, 1915.

26. The Guelph Evening Mercury, July 5, 1916.

27. The Guelph Evening Mercury, March 31, 1919.

28. The Guelph Evening Mercury, August 22, 1919.

29. The Guelph Mercury, July 15, 1940.

30. The Guelph Mercury, November 14, 1940.