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
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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!'