Friday, December 11, 2009

Lambton County Court House and Goal

When the County of Lambton was established in 1849, Port Sarnia, being the largest town, was made the county seat.  In 1852 the county hired stone mason Alexander Mackenzie, who would go on to become Canada's 2nd Prime Minister, to erect a court house and goal (jail) in the town.  The building was an attractive 3 storey building built of field stone with the walled yard behind.  In 1912 the building caught fire and the top floor was destroyed, but the building was renovated, changing the roofline and adding an observation area on the roof.  The photo below shows the courthouse and registry office c1876.

From the collection of John Rochon
Of the thousands of cases tried there, three are remarkable as they brought upon the accused the sentence of death.

Thomas Cleary

The first execution to take place at the goal was that of Thomas Cleary(Clary) on December 5, 1862.  He had been charged in the fatal stabbing of Edward Burke.  Both men had been employed by a Mr. Barron, innkeeper, on his property 2 miles out on the London Road, chopping wood for the two months previous.  Upon completion of their work on March 17th, they along with other co-workers, refreshed themselves at the Inn.  After a while it was decided to go into town to seek further refreshment at establishments in the town, the National Hotel on Christina St. being one.

County of Lambton Gazetteer, Commercial Advertiser, and Business Directory 1864-65 p68
 While there, Burke and Cleary got into a scuffle on the front verandah and had to be separated.  Cleary stormed off in the direction of London Road while the others remained at the National.  After some time, the others decided to return to Barron's Inn, where, unbeknownst to them, Cleary had gone.  Cleary was seen to be quite agitated, going in and out of the tavern.  Suddenly, a man named Michael Welsh came in with his left hand bleeding profusely, saying Cleary had cut him while he (Welsh) was trying to separate Burke and Cleary.  Shortly afterward, Burke staggered in and collapsed to his knees, followed by Cleary, who was covered in blood.  Cleary went to the wash basin and washed himself while Burke expired from his wounds a couple of minutes after his collapse.  When accused of stabbing Burke, Cleary denied it, saying the Burke had killed himself.  The coroner, Dr. McMillan, selected a jury the next day and brought them out to Barron's Tavern to witness the post-mortem examination performed by Dr. Bucke.  Four stab wounds were found on the body, one on the hand, one behind the ear, one in the back, and one in the chest.  The cause of death had been the chest wound, which cut into the aorta.

Cleary insisted that he had not killed Burke, but that the alcohol he had consumed  was the culprit.  Having no success in having his sentence commuted, preparations were made for his execution.  At 9am Cleary was moved from his cell to the hall of the jail.  Here, he was bound and a white cap placed on his head.  Throughout the process, he prayed with two clergymen who had been with him since the day before.  Others present were Sheriff Flintoft and his deputy, the Mayor, Dr. Johnston, Dr. Shoebotham, A. Fisher, Esq., and the representatives of the press.  At 9:20 Cleary was moved to the scaffold, which had been erected level with the top of the south wall of the yard.  Ascending without assistance, he was placed on the drop by the executioner, a short, thick-set man wearing a mask.  As the cap was being drawn down over his eyes, he continued to pray.  When all was ready, Cleary said "I hope God will forgive me.  I forgive all who have injured me, and hope all I have injured will also forgive me.  O God forgive me!"  He continued to ask God to have mercy on his soul until 9:40 when the Sheriff gave the signal and the bolt was drawn.  Due to the thick rope, the 10 foot drop only partially dislocated his neck, and he struggled for several minutes until gradually all was still.  After hanging for about a half hour, he was pronounced dead by Dr. Johnston.  His body was claimed by persons convinced of his innocence and taken to the adjoining house to be prepared for burial.  He was buried in the Catholic cemetery.  There were about 400 spectators present at the execution.


Elizabeth Workman

The second exeuction came just over ten years later.  On October 26th, 1872, James Workman, a labourer who resided in Mooretown, was found dead in his bed.  As it was plainly seen that he had been severely beaten, and known that he and his wife quarreled while intoxicated, an inquest was held by Dr. Gamble, which commenced that evening and continued through Sunday.  It was discovered that Elizabeth was James' much younger 2nd wife.  Together they had a son Hugh, aged about eight.  James' older daughter, Mary, was about 20 at the time of his death and boarding with a family in Sarnia.  They lived in poverty, even though Elizabeth worked taking in washing and cleaning.  James was a very controlling man and constantly berated his wife and also beat her, especially when drunk.  Mary moved out of the house to escape his cruelty. 

Three weeks before James' death a new barber shop opened in Sarnia run by a black man named Samuel Butler.  He hired Elizabeth to do his washing and clean his shop.  She and Butler struck up a friendship, and soon he was visiting the Workman home in Mooretown, bringing whiskey for Elizabeth and James.  On October 24th Elizabeth went to Sarnia to clean Butler's shop against her husbands wishes.  He arrived at the establishment in a drunken rage and had heated words with Elizabeth insisting that she accompany him home.  Butler, annoyed by the scene, roughly put James out of the shop.  Perhaps to end the upheaval, Elizabeth left with him.  She and James quarreled that night and she took a mop handle to him, requiring him to take to his bed.  The next day, while still confined to bed, James again berated Elizabeth for the way she treated him the day before, so she tied him to the bed and took the mop handle to him again.  James died of his injuries the next day.  Elizabeth and Butler were charged with the murder of James Workman, however, Elizabeth testified that Butler had no knowledge of her actions.  During her trial, public sentiment grew strong for Elizabeth's cause, with support coming in from all parts of the province.  When she was found guilty and sentenced to death, the jury recommended mercy, which would commute her death sentence to life in prison.  Petitions were distributed gathering hundreds of signatures in support of mercy including the county Sheriff, the Mayor of Sarnia and future Prime Minister Alexander Mackenzie.  But all to no avail.  Elizabeth became the one and only instance of a woman in Canadian Law to be denied mercy when it was requested from the jury and public opinion.  Racial, social and economic factors of the day all converged to act against her.  Here she was, a woman who dared to attack and murder her husband, who also befriended a black man and was of the lower social class - well, she had to be made an example of.  She was executed in the goal yard just after 9am on June 19th 1873.  She said she hoped her case would be an example to all wives with drunken husbands, and all husbands with drunken wives.  Once pronounced dead, the rope was cut, dropping her into a pit below dug expressly for that purpose.  She still clutched a bunch of flowers she had brought with her in her hand.  Flowers were placed over her heart and she was buried on the spot and to my knowledge, she has not been removed from that spot.

For a more in-depth look into this fascinating case, read the excellent article written by Scott Gaffield entitled Justice Not Done: The Hanging of Elizabeth Workman.  If you Google the title, it will come up.


Stephen Kiyoshk

The 3rd and final execution to take place at the Lambton County goal would not come for another 69 years, but only due to a change in witness testimony.

Stephen Kiyoshk was a native resident of Walpole Island who had been convicted of murder and sentenced to death once before, in 1912, only to be acquitted by a new trial, when the key witness, who would immediately after the trial become his wife, altered her testimony in his favour.

He was again tried for murder for the August 17, 1940 death of Jerry Blackbird.  From testimony it was established that Mrs. Kiyoshk and Mr. Blackbird were in an intimate relationship.  Stephen went over to Blackbird's and the two drank heavily, and while drunk Kiyoshk brutally murdered Blackbird in his kitchen, then dragged his body down to his boat, chained the body to the end, and rowed out to the middle of the river, releasing the body.  He was later found at his home spattered with blood.  Being convicted of the crime, he was sentenced to hang on November 26, 1940.   At the last minute he was granted an appeal, however it was to no avail.  Stephen Kiyoshk was hanged in the goal yard about 20 minutes after midnight on January 8, 1941.  He was pronounced dead 5 minutes later.  Few people were allowed in to witness the execution and police patrolled the streets around the courthouse to keep away the morbidly curious.  His body was removed under police guard to Walpole Island for burial.


The grand old building, which had witnessed so much, was sold to developers and pulled down to make way for the Chalet Motel, now the Super 8 Motel, after serving the county for 109 years.

5 comments:

  1. John once again your research is invaluable. Thank you for bringing our history to light.

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  2. Thanks, that's very kind of you.

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  3. Excellent article.

    Are you involved with the "movie" a Sarnia "psychic" named Robbie Thomas is trying to make?

    He believes the place is haunted and is trying to make a buck on the paranormal.

    Check out www.stoprobbie.com for more information.

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  4. John

    Have you ever come across any history of what was on the site before they built the courthouse. As a child, my grandfather told me his grand mother lived where the courthouse stood in the 1950's. I understand that Lot 72 was granted to a Benjamin Fairchild, who later sold it George Durand, but I also understand that Fairchild never occupied the property. As Fairchild was a distant cousin, the story might be true, but who knows?

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  5. I think you mean “gaol”.........not “goal”..........right ?

    ReplyDelete