Homicides of Adults in Virginia, 1607-1633

Homicides of Adults in Virginia, 1607-1633

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Works consulted, 1607-1623

* Gabriel Archer, A relatyon of the Discovery of our River, from James Forte into the Maine: made by Captain Christopher Newport: and sincerely written and observed by a gent. of ye Colony [May-June 1607], in Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge, England: Hakluyt Society, 1969), 1: 80-98.

* Philip L. Barbour, ed., The Complete Works of Captain John Smith, 3 v. (Chapel Hill: Univ. of North Carolina Press, 1986). F229 S6 1986. [only the General History is truly useful, Books 3 & 4].

Ergo, used: "The Genrall Historie of Virginia, New-England, and the Summer Isles" (1624) -- The Third Book & the Fourth Book, pp. 136-334.

Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge: The Hakluyt Society, 1969), 2 v. [Works Issued by the Hakluyt Society, 2nd ser., v. 136]

Susan Myra Kingsbury, The Records of the Virginia Company of London (Washington, D.C., 1906-1935), 4 v.

Not a court record, little on legal proceedings in the New World.

George Percy, "A Trewe Relacyon of the Procedinges and Ocurrentes of Momente wch have hapned in Virginia from the Tyme Sr Thomas Gates was shippwrackte uppon the Bermudes ano 1609 untill my departure outt of the Country wch was in ano Dñi 1612," Tyler's Quarterly Historical and Genealogical Magazine, 3 (1922), 259-82.

John Smith, "A Map of Virginia" (1612), Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge, England: Hakluyt Society, 1969), 2: 375-464.

* John Smith, A True Relation of Such Occurences and Accidents of Noateas Hath Hapned in Virginia since the First Planting of That Colony (London: John Tappe, 1608), Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge: Hakluyt Society, 1969), 1: 165-208.

William Strachey, The Historie of ravaile into Virginia Britannia, ed. R. H. Major (Hakluyt Society), 1st ser., 6 (1849), or ed. Louis B. Wright and Virginia Freund (Hakluyt Society), 2nd ser., 103 (1953).

* Lyon Gardiner Tyler, Narratives of Early Virginia, 1606-1625 (New York: Barnes and Noble, 1946; reprint of 1907 ed.). F229 T92 1907a. [nothing of use on homicides, etc.]

* Edward Maria Wingfield, Discourse (1608), in Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge: The Hakluyt Society, 1969), 1: 213-34.

Sources, 1623-1633

COMPLETE: Feb. 1623 to Dec. 1633. Counted as a full record of 11 years of cases.

Dates: Feb. 4, 1623 to Feb. 9, 1633 [complete only through May 10, 1629]. Supplemented by Conway Robinson's notes from July 9, 1630-Dec. 10, 1633].

H. R. McIlwaine, ed., Minutes of the Council and General Court of Colonial Virginia, 1622-1632, 1670-1676, with Notes and Excerpts from Original Council and General Court Records, into 1683, Now Lost (Richmond: Virginia State Library, 1924). [Including Selections from Conway Robinson's Notes and Excerpts from the Records of Colonial Virginia. Roll No. 10: 7/9/1630-12/10/1633. (pp. 479-480)]

Homicides of English colonists by English colonists

Counted as indictments

1609 DOM WIFE

1619 NONDOM

Not counted as indictments

1622 NONDOM / MANSL -- Eng. by Eng.

Not counted as homicides

1607 EXECUTION

16__ NONDOM / MANSL FETUS

Homicides -- counted as indictments

1624 HHLD SERVANT by MASTER: 1 male & 1 female adult

1629 NONDOM QUARREL by CHILD: 1 male adult

1629 NONDOM QUARREL: 1 male adult

1629 DOM NEO

1630 HHLD MASTER by SERVANT

1632 DOM NEO

1633 DOM NEO

Possible Homicides -- not counted

1624 NONDOM HONOR DUEL

Homicides not counted

1627 NONDOM FETUS

1627 NONDOM at sea

1629 pardon for unknown murderer

[1607] Rapphannock

HIST

Crime: possible HOM

Rela: NONDOM

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HOM: an English ship captain m. a Rappahannock chief

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Circumstances: During his captivity, JS was suspected of having been an English ship captain who had murdered a Rappahannock chief one or two years earlier. He was taken to the Rappahannocks, who declared the JS was not the murderer. The murderer had been a large man, & JS was small.

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Source:

John Smith, "The Genrall Historie of Virginia, New-England, and the Summer Isles" (1624), the Third Book & the Fourth Book, in Philip L. Barbour, ed., The Complete Works of Captain John Smith, (Chapel Hill: Univ. of North Carolina Press, 1986), 2: 149-50.

John Smith, A True Relation of Such Occurences and Accidents of Noateas Hath Hapned in Virginia since the First Planting of That Colony (London: John Tappe, 1608), Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge: Hakluyt Society, 1969), 1: 184.

During JS's captivity in Dec. 1607 to Jan. 1608, the King of the Kekataugh, "having received some kindnes of me at the Fort, kindly invited me to feast at his house. . . . From hence this kind King conducted mee to a place called Topahanocke [Rappahannock], a kingdome upon another River northward: the cause of this was, that the yeare before, a shippe had been in the River of Pamaunke, who having beene kindly entertained by Powhatan their Emperour, they returned thence, and discovered the River of Topahonocke, where being received with like kindnesse, yet he slue the King,a nd tooke of his people, and they supposed I were hee, but the people reported him a great man that was Captaine, and using mee kindly, the next day we departed."

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Accused 1: ___

Ethnicity: English

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Gender: m

Age: adult

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Occupation: ship's captain

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Victim 1: ___

Ethnicity: Rappahanock

Race: Ind

Gender: m

Age: adult

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1607, Nov. or Dec. Jamestown

HIST

DATE: after 11/23 & before 12/10

NOTE: Smith’s account is evasive and he says merely that “the action cost the life” of GK, not that he was executed. But other records and historians indicate it was an execution for treason, not a homicide.

Class of death: do not count / not a political homicide

Crime: EXECUTION: 1 adult

Rela: NONDOM

Motive: POLITICAL/ SUPPRESSION of MUTINY

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HOM: John Smith and his supporters executed Captain George Kendall

Weapon: James Read, the blacksmith, was to have been hanged. GK was shot.

Circumstances: while the colonists, in desperate straights, were waiting for the first supply from England, JS and his supporters believed they had spoiled a plot to capture the pinnace and sail it back to England. // Suppression of a mutiny led by George Kendall and Edward Maria Wingfield, who seized the company’s pinnace, intending to sail it back to England. Smith and his supporters retook the pinnace with musket shot and a small cannon (a Sakre falcon).

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Court proceedings: condemned by the Council

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Other sources:

Philip L. Barbour, ed., The Complete Works of Captain John Smith, 3 v. (Chapel Hill: Univ. of North Carolina Press, 1986). v. 2: 143, 145

Members of the Council on June 15, 1607, when the ships returned to England

Master Edward Maria Wingfield, President of the Council (soon deposed)

Captain Bartholonew Gosnoll (soon died)

Captain John Smith

Captain John Ratliffe (replaced EMW as President)

Captain John Martin

Captain George Kendall (soon deposed)

Gentlemen

Captain Gabriell Archer

143: Many of the colonists died between May and September, 1607. By September, 1607, BG was dead, EMW and GK had been deposed, and JR had replaced EMW as president. “the rest seeing the Presidents projects to escape these miseries in our Pinnace by flight (who all this time had neither felt want nor sicknes) so moved our dead spirits, as we deposed him; and established Ratcliffe in his place, (Gosnoll being dead) Kndall deposed, Smith newly recovered, Martin and Ratcliffe was by his cafre preserved and relieved, and the most of the souldiers recovered.” But all their provisions were spent.

145: probably the fall of 1607: “Smith perceiving (notwithstanding their late miserie) not any regarded but from hand to mouth (the company being well recovered) caused the Pinnace to be provided with things fitting to get provision for the yeare following; but in the interim he made 3. or 4. journies and discovered the people of Chickahamania: yet what he carefully provided the rest carelessly spend. Wingfield and Kendall living in disgrace, seeing all things at randome in the absence of Smith, the companies dislike of their Presidents weaknes, and their small love to Martins never mending sicknes, strengthened themselves with the sailers, and other confederates to regaine their former credit and authority, or at least such meanes abord the Pinnace, (being fitted to saile as Smith had appointed for trade) to alter her course and to goe for England. Smith unexpectedly returning had the plot discovered to him, much trouble he had to prevent it, till with store of sakre and musket shot he forced them stay or sinke in the river, which action cost the life of captaine Kendall. These brawles are so disgustfull, as some will say they were better forgotten, yet all men of good judgement will conclude, it were better their baseness should be manifest to the world, then the business beare the scorne and shame of their excused disorders. The President and captaine Archer not long after intended also to have abandoned the country, which project also was curbed, and suppressed by Smith.”

Smith equipped the pinnace "to get provision for the yeare following" from the Indians, but in the interrum made 3 or 4 journeys to discover the Chichahamania, "yet what he carefully provided the rest carelesly spent. Wingfield and Kendall living in disgrace, seeing all things at randome in the absence of Smith, the companies dislike of their Presidents weaknes, and their small love to Martins never mending sicknes, strengthened themselves with the sailers, and other confederates to regaine their Pinnace, (being fitted to saile as Smith had appointed for trade) to alter her course and to goe to England. Smith unexpectedly returning had the plot discovered to him, much trouble he had to prevent it, till with store of sakre and musket shot he forced them stay or sinke in the river, which actoin cost the life of captine Kendall. These brawles are so disgustfull, as some will say they were better forgotten, yet all men of good judgement will ocnclude, it were better their basenes should be manifest to the world, then the busines beare the scorne and shame of their excused disorders."

Philip L. Barbour, "Captain George Kendall -- Mutineer or Intelligencer?" VMHB, 70 (1962), 297-313. Had been one of the seven men originally appointed to council. May have been an informer concering the expedition for Lord Salisbury.

Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge: The Hakluyt Society, 1969), 1: 156. from "Francis Magnel's Relation of the First Voyage and the Beginnings of the Jamestown Colony," 151-7. An Irishman, colonist, and informant for the Spanish. Tells them that GK, a Catholic, was executed at Jamestown. ". . . such is the jealousy they have that the secrets of this land be not known that they have issued an order that no one can take letters out of the land, or send any,e specially to private persons, unless they are first seen and read by the Governor. And for this same reason they have executed in that James-fort of theirs a Catholic English Captain called Captain Tindol [Kendall], because they knew that he wanted to come to Spain to reveal to HIs Majesty what goes on in that land, and the many pretensions of the English which he knew, but which the Relator does not know."

JS had just returned with a supply of corn, but "notwithstanding some bad spirrits not content with Gods providence, still grew mutinous, in so much, that our president having ocasion to chide the smith for his misdeameanor [misconduct], he not only gave him bad language, but also offred to strike him with some of this tooles, for which rebellious act, the smith was by a Jury condemned to be hanged, but being uppon the ladder continuing verry obstinate, as hoping upon a rescue: when he saw no other way but death with him, he became penitent, & declared a dangerous conspiracy, for hwich Captaine Kendall as principal, was by a Jury condemned & shot to death."

Edward Maria Wingfield, Discourse (1608), in Philip L. Barbour, ed., The Jamestown Voyages under the First Charter, 1606-1609 (Cambridge: The Hakluyt Society, 1969), 1: 224-5.

"The President did beat James Read the Smyth, the Smyth stroake him againe [back], for this he was condempned to be hanged, but before he was turned of[f] the Lather he desired to speake with the President in private, to whome he accused Master Kendall of a mutiny, and so escaped himself: What Indictment master Recorder framed, against the Smyth I knowe not, but I knoew it is familiar for the President, Counsellors, and other officers to beate men at their pleasures, one lyeth sick till death, an other walketh lame, the third cryeth out of all his boanes, which myseryes they doe take upon the Consciences to Come to them by this their Almes of beating. Wear this whipping, lawing, beating, and hanging in Virginia knowne in England I feare it would drive many well affected mynds from this honorable action of Virginia. . . .