either. Colonial punishment was still enforced. Public whippings, or lashings, were inflicted. Whips that were commonly used during that time were referred to as loaded whips. This term is mentioned in David Rossâs statement as a weapon having been used against him. A loaded whip is one that has small lead shot sewn into it to add weight as it is swung. This technique gives you the flexibility of a whip and the force of being hit with a steel rod, accompanied by the lacerating effects of the braided leather. Many prisoners received this treatment, were dragged back to their cells through the urine- and feces-soaked wood shavings and left to die. Once they did die, there was no real hurry to remove them. It was not unusual for a corpse to reach an advanced state of decomposition before being removed. It served as a visual reminder for the prisoners to control themselves. The bodies would eventually be removed and taken to the lower section of the jail to be housed in the morgue.
Jailersâ quarters. Courtesy of author.
The octagonal section was added in 1855, years after the execution of the Fishers Courtesy of author.
A section of the jail currently undergoing reconstruction. Courtesy of author.
Branding was also a common punishment. It also was used as an identifier in marking a person as an offender. Much as the character Hester Pryne was forced to wear the letter âAâ for being convicted of adultery in Nathaniel Hawthorneâs book, The Scarlett Letter , many persons were branded with the first letter of their offense. Michael Toohey, a participant in another crime discussed later in this book, was branded with the letter âMâ in the palm of his hand. He was convicted of manslaughter. Another person considered to be a member of the Six Mile House gang had been branded for larceny.
Croppings were also used in the same manner. Part of a personâs ear or nose may be cut off or cropped as punishment for a crime they committed. One of the gang members, later to be arrested, showed the harsh evidence of this punishment.
The jail was nothing more than a new aboveground dungeon for the city of Charleston and an improved torture chamber. It may not have been as damp or flooded as bad as the old dungeon, but it had much the same amenities.
During those times the seriousness of the crime was in the eyes of the colonial justice system. The punishment was at the discretion of the judge. A conviction of manslaughter resulting in the death of another may get you branded like Michael Toohey, while an offense of Negro stealing would get you hanged. If the offense was considered serious enough, forfeiting your life was not uncommon back then. The charges facing those associated with the Five Mile House and the Six Mile House were considered egregious enough. Colonial justice does not equal criminal justice. Although the country was moving away from the colonial justice system, Charleston was slow to follow.
As of Monday morning, February 22, 1819, the sheriff, Colonel Nathanial Greene Cleary, had John and Lavinia Fisher, James McElroy, Seth Young, Jane Howard and William Heyward (aka William Hayward or William Howard) in custody, bringing the total to six. The arrests would continue, and the number of the gang members would continue to grow. By that afternoon, James Sterrett would be joining them.
To Sheriff Cleary, James Sterrett was a familiar offender in the city of Charleston. About twelve months prior to this arrest, he had received a branding for a larceny charge. This time he was picked up on a warrant issued by J.H. Mitchell in regard to being a member of the gang and being involved in the assault on David Ross. By the end of the week, the arrests of John Smith and Joseph Roberts would bring the Six Mile House gangâs total to nine. They were brought before Mitchell, charged with being accomplices in the gang and committed to jail. The Six Mile gangâs trial was set for May in the