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HomeMy WebLinkAboutHuron Expositor, 2015-07-01, Page 5The hanging of Nicholas Melady: Canada's last public execution It was a scene of stark horror that met Thomas and Mary McGoey when they entered her father's house just east of Egmondville on Sunday morning, June 7, 1868. The McGoey's were the daughter and son-in-law of 63 -year-old Nicholas Melady. She was the first to enter the house first where she saw 'blood as thick as it could be on the floor' indicating a violent struggle had taken place. The McGoey's hap- pened upon the body of 63 -year-old Nicholas Melady in the hall lying on his back with a bullet hole in his right temple. Horrified, they both exited the house to alert the authorities. Thomas McGoey re- entered the house with a neighbour, Joseph Nigh where a ghastly sight awaited them in the bed- room. McGoey later testi- fied that the blood was 'thicker in the bedroom than in the hall or kitchen' as they saw the remains of 40 year old and pregnant Ellen Mel- ady sprawled on the bed with her skull 'split up.' An axe and broken chair were found nearby. At the coroner's inquest held on Monday, Dr. Henry Vercoe deter- mined that on the even- ing of June 6, 1868, Nich- olas Melady had been shot in the head three times. Powder burns and cartridge wadding inside Melady's skull indicated that the shots were fired at close range. His death was instantane- Huron History David Yates ous. Ellen Melady suf- fered an agonizing death. She was struck repeatedly on the head with an axe and chair leg. Parts of the chair leg were lodged in her skull. She was also shot several times in the face. The 'Huron Signal' said the horrific crime caused the 'wildest excitement' in the neighbourhood and warned that 'if the murder were clearly fas- tened upon any individu- als they would be hung on the nearest tree: Yet, who could have commit- ted such brutality? Chief Constable Bar- nard Trainer and Consta- ble Thomas Stephens fol- lowed a bloody trail, which led to Tom Dono- van who was staying at his brother David's house with 23 -year-old Nicho- las Melady, the son of 'Old Melady: A pair of boots with bloody water belonging to Tom Dono- van indicated that he and young Melady might have been involved. They were both taken into custody, as was James Kehoe. Kehoe was seen drinking with Donovan and Mel- ady on the night of the murder. In all, seven people, most of them Melady family members were detained at the Goderich gaol on suspi- cion of having knowl- edge of the murder. However, it was young Nicholas Melady who bore the full burden of guilt. It was well known in the area that father and son had a troubled past. Old Melady was a prosperous farmer but he was considered 'a drink- ing man' and 'a quarrel- some man' who could be an 'ugly drunk' with 'an explosive temper' accord- ing to John Melady in 'Double Trap' (2005). After the death of his first wife, Old Melady married Ellen Kelly at St. Columban's Roman Catholic Church in Octo- ber 1867. The marriage aggravated an already troubled relationship between father and son. Old Melady threatened to take back the lease on land that Nicholas had been farming and give the property to his step- son. Nicholas Melady may have resented the favour shown to his adopted family and feared the loss of his live- lihood. The Crown's the- ory was that Donovan, Kehoe and Melady fuelled by liquor went to the house to rob Old Mel- ady of money or the property deed that Satur- day night. As John Melady writes, the Crown had a strong circumstantial case but it was still only circum- stantial. More conclu- sive evidence, like a con- fession, was needed to make a conviction for capital murder possi- ble. The police resorted to a novel tactic in the form of a female gaol informant. Jennie Cooke, a detective's wife, was planted in the gaol to win the confidence of Alice Melady who was impris- oned on the belief that she had information on the murder. Cooke failed to win over Alice but she scored an unintended break through when young Nicholas fell in love with her and secreted notes to her. Over 60 intimate notes were exchanged over a four-month period. Every one of them were intro- duced at trial in April 1869. Further, Jennie Cooke made the astound- ing claim that Melady made a complete confes- sion of the murders. When Tom Donovan learned about the Crown's star witness, he saved himself by agree- ing to turn Crown evi- dence and testify against Nicholas Melady. Although Melady's law- yer put up a spirited defence at the trial in the Goderich courthouse, the jury found Nicholas Melady guilty of double murder. Judge Haggarty told Melady that 'you stand there convicted of the foulest deed that ever disgraced the annals of crime, parricide: His Lordship pronounced that Melady 'be hanged by the neck till you are Dead! Dead! Dead!' Undoubtedly, the Donovan's testimony claiming that he was with Melady that night but was not involved with the murders helped con- vinced the jury of Wednesday, July 1, 2015 • Huron Expositor 5 IC i IO LAS Mi I.Ls ADDY , .xvgit a[ Goderitl 71 hi Dor., 18869, 3I11lder• of 1514 iLtlwes 111 E ELLADY TRAGEDY r r Huron Expositor file photo Nicolas Melady was executed on December 10, 1869. Canada's last public execution. Melady's sole guilt (Donovan exonerated Kehoe but John Melady says 'there's no doubt all three men were in the house' when the murders took place). More difficult to determine was the impact of informant Jen- nie Cooke's testi- mony. Did the jury see her as a prison femme fatale or was her claim that Melady made a full confession the deciding factor in pinning the sole guilt on Melady? The 'Expositor' recorded Melady's last hours spending them with family and Father Brabant of St. Peter's Church in Goderich. Melady wrote his dying confession admitting to the murders. Yet, he still denied having confessed anything to Jennie Cooke. Throughout his final ordeal, the 'Huron Expositor' said Melady 'conducted himself in a commendable manner' and 'won the estimation of all whom he came in contact with: At 8:42 on the morning of December 7, 1869, the death ritual began as the prison door clanged open. The Sheriff led Melady from the prison yard up a wooden stair- way to the scaffold over the east wall of the Goderich gaol. While Father Brabant read prayers, Melady stood 'trembling' as his hands were pinioned behind his back and a white hood was pulled over his head. The 'fiendish looking hangman' placed the noose around the condemned man's neck and removed the 'treacherous bolt' that opened the trap door that launched Nicholas Melady into eternity. It was the last official public execution in Cana- dian history. However, only an estimated 300 people witnessed the morbid spectacle. Fear- ing trouble from an unruly mob, the execu- tion was moved forward several hours thereby cheating the thousands spectators expected by the afternoon. The 'Expositor's editor looked forward to the day when "Capital Punishment may soon be abolished in this 'our Canada', and placed where it ought to be, with the grim relics of barba- rous times!'