Famous Escapes 45-xx-xx (01) The Man They Couldn't Hang

Summary

Podcast Summary: "Famous Escapes 45-xx-xx (01) The Man They Couldn't Hang"

Introduction

In the episode titled "Famous Escapes 45-xx-xx (01) The Man They Couldn't Hang," hosted by Harold's Old Time Radio, listeners are transported back to the Golden Age of Radio to witness a dramatic recounting of one of history's most intriguing escape stories. Released on March 17, 2025, this episode delves into the case of John Lee, a footman convicted of murder in 1885, and the mysterious circumstances surrounding his execution.

1. The Case of John Lee

The narrative begins with a reporter setting the scene in 1885, introducing John Lee, a 20-year-old footman accused of murdering his mistress, Emma Keyes, in Babbicombe, Devon. The case garnered significant public interest, partly due to Miss Keyes's role as a maid of honor to Queen Victoria. Notably, Queen Victoria had stayed overnight at the murder location, heightening the case's prominence.

Reporter [00:21]: "Famous escapes. In the year 1885, John Lee, a footman, was accused of the murder of his mistress, Miss Emma Keyes, at Babbicombe, Devon."

2. The Trial and Conviction

The trial unfolds in a packed courthouse, drawing spectators eager to witness the verdict. The prosecution presents circumstantial evidence linking John Lee to the murder, while his defense attorney, Mr. Saint Aubyn, vigorously contests the charges. Despite the defense's efforts, the jury convicts Lee of murder.

Judge [01:28]: "I am bound to say that I agree with their verdict."

John Lee maintains his innocence throughout the trial and during sentencing. The judge sentences him to death, reaffirming the jury's decision.

John Lee [02:09]: "Yes, your lordship. I'm not guilty."

3. Preparing for Execution

As the date of execution approaches, the episode shifts focus to the hangman, Barry, who is depicted preparing the gallows. The journalist covering the event interviews Barry, revealing his personal struggles and the gravity of his role.

Journalist [03:45]: "This is the first time Barry's ever hanged a man. And it's the first time you've ever reported a hanging. There you are. Write a first impression story."

Barry expresses his concerns about executing an innocent young man, highlighting the emotional toll of his duty.

Hangman Barry [04:03]: "But suppose what the gentleman says is true, sir. I'd never sleep in my bed again if I thought I'd hanged an innocent man and him only a boy."

4. The Flawed Execution Attempt

On the day of execution, tension mounts as John Lee is led to the gallows. Despite meticulous preparations, the first attempt to execute Lee fails when the trapdoor malfunctions. Barry and the witnesses are baffled as the mechanism refuses to operate.

Hangman Barry [08:03]: "It's no good, sir. We can't get it to budge."

Multiple attempts to carry out the hanging fail, each time prompting speculation and doubt among the observers about Lee's guilt.

Journalist [09:09]: "What are you going to happen to Lee?"

Governor [09:11]: "I have nothing further to say. Come on."

5. Media Scrutiny and Public Doubts

The journalist and reporter scrutinize the execution process, questioning the integrity of the machinery and the validity of Lee's conviction. Their interactions reflect growing public skepticism about whether justice has been served.

Journalist [10:24]: "John Lee can't be hanged. He mustn't be hanged."

The governor remains evasive, unable to provide clear answers, further fueling doubts.

6. Resolution and Legacy

Just as hope seems elusive, a telegram arrives informing that Lee's execution has been halted. John Lee interprets the failed attempts as a sign of his innocence, supported by a prophetic dream he had the night before his execution.

John Lee [07:23]: "Parson, this is the garden I dreamt about. And that's the gallows."

Ultimately, Lee's sentence is commuted to life imprisonment. He serves 22 years before being released, leaving unanswered questions about the true nature of his guilt or innocence. The episode concludes by emphasizing the enduring mystery surrounding John Lee's case.

Reporter [11:23]: "Why the trapdoor refused to work and whether John Lee was actually guilty of murder must, now that he is dead, remain one of the great mysteries that will never be solved."

7. Notable Quotes

• Reporter [00:21]: "Famous escapes. In the year 1885, John Lee, a footman, was accused of the murder of his mistress, Miss Emma Keyes, at Babbicombe, Devon."
• Judge [01:28]: "I am bound to say that I agree with their verdict."
• John Lee [02:09]: "Yes, your lordship. I'm not guilty."
• Hangman Barry [04:03]: "But suppose what the gentleman says is true, sir. I'd never sleep in my bed again if I thought I'd hanged an innocent man and him only a boy."
• Journalist [10:24]: "John Lee can't be hanged. He mustn't be hanged."
• Reporter [11:23]: "Why the trapdoor refused to work and whether John Lee was actually guilty of murder must, now that he is dead, remain one of the great mysteries that will never be solved."

Conclusion

"Famous Escapes 45-xx-xx (01) The Man They Couldn't Hang" masterfully blends historical storytelling with dramatic reenactment to explore themes of justice, doubt, and the human conscience. Through engaging dialogue and vivid descriptions, the episode invites listeners to ponder the complexities of the legal system and the possibility of wrongful convictions. The enduring mystery of John Lee's case serves as a poignant reminder of the fallibility of human institutions and the elusive nature of truth.

Transcript

[Reporter]

Famous escapes. In the year 1885, John Lee, a footman, was accused of the murder of his mistress, Miss Emma Keyes, at Babbicombe, Devon. The case aroused great public interest partly because Ms. Keyes had been a maid of honor to Queen Victoria. And the queen had actually, on one occasion, stayed the night at the house in which the murder took place. The courthouse of Babbicombe was filled with spectators when the jury brought in its verdict.

[Governor]

Silence in the court.

[Hangman]

Gentlemen of the jury, are you agreed upon your verdict?

[Judge]

We are.

[Hangman]

Do you find that the prisoner, John Lee, is guilty or not guilty?

[Judge]

Guilty.

[Hangman]

Do you say that the accused, John Lee, is guilty of murder?

[Judge]

We do. Call the prisoner up for sentence.

[Hangman]

Bring the prisoner up for sentence. Silence in the court.

[Judge]

Prisoner at the bar, you have been charged with the murder of Emma Ann Whitehead Kee. The medical witnesses put it beyond doubt that her death must have been caused by murder. And the evidence, although purely circumstantial, points to you as the murderer. Your defense was ably conducted by your counsel, Mr. Saint Aubyn, and every point in your favor was pressed home to the jury. The jury nevertheless found you guilty. And I am bound to say that I agree with their verdict. Have you anything to say why I should not pronounce sentence of death upon you according to law?

[John Lee]

Yes, your lordship. I'm not guilty.

[Judge]

You have had every opportunity to prove your innocence. And I am satisfied that the verdict is correct. Your youth is no extenuation of your guilt. Prisoner at the bar, the sentence of the court is that you be taken from the place where you now stand to a place appointed by her Majesty. And at a time and place appointed by her Majesty, you be hanged by the neck until you are dead. And may God have mercy on your soul.

[Reporter]

It's cold here, Thompson.

[Journalist]

I've known it worse.

[Reporter]

You wouldn't think they'd have a garden like this in a jam. I wish it was over.

[Journalist]

Is this the first hanging you've covered?

[Reporter]

Yes.

[Journalist]

That's what you get for being a journalist. Feeling sick?

[Reporter]

Bit couldn't eat any breakfast.

[Journalist]

It won't be long now. It's nearly 10 to 8.

[Reporter]

I wish that hangman had stopped tinkering with the gallows.

[Journalist]

Oh, he's got to make sure they'll work all right. This yard's quite pretty. If you forget, it's a prison.

[Reporter]

It looks as though he's going to test the trapdoor again.

[Journalist]

Let's go over and have a look. Hello, Betty.

[Hangman]

Good morning, sir.

[Journalist]

Going to try the trapdoor again?

[Hangman]

Yes, sir. It's the sort of thing you can't make too sure about. You mind standing back a moment? All right, boys, stand clear.

[Journalist]

It seems to work pretty well.

[Hangman]

It ought to. I've been up half the night oiling it.

[Journalist]

Here's an idea for you, Smith.

[John Lee]

What?

[Journalist]

This is the first time Barry's ever hanged a man. And it's the first time you've ever reported a hanging. There you are. Write a first impression story.

[Hangman]

I wish you wouldn't joke about it, sir. Hanging a man may seem funny to you, but it don't to me. They tell me this Lee's only a boy.

[Journalist]

He's 20. You're not going to tell me you're turning squeamish, are you?

[Hangman]

Do you think because I'm a hangman I've got no feelings?

[Journalist]

Why did you take the job on, then?

[Hangman]

Because me wife's sick and I had to have the money. Now I'm doing my best to make sure that the poor fella has an easy death.

[Reporter]

There's nothing that can go wrong, is there?

[Journalist]

Of course there's not. Lee will stand on that trapdoor with a rope round his neck. Benny pulls the bolt away, the trapdoor falls and Lee falls with it. Breaks his neck as clean as a whistle.

[Reporter]

Does it always kill at once?

[Journalist]

Of course it does. I've seen dozens of them. It's all over in a flash.

[Hangman]

I hope it will be, sir.

[Journalist]

Why shouldn't it? You just draw the bolt like this.

[Hangman]

Don't touch it, sir. It's absolutely hair trigger. The trapdoor falls if you as much as look at it. I didn't know I'd feel like this.

[Journalist]

What are you worrying about? The fellow was found guilty. Someone's got to hang him.

[Reporter]

But suppose he's not guilty?

[Journalist]

Of course he's guilty.

[Reporter]

It was only circumstantial evidence.

[Journalist]

Look here, old man. Someone murdered Miss Keys and the Crown showed that Lee was the only one who could have done it. All the windows and doors were locked and no one else could have got in.

[Reporter]

Suppose what his counsel said was true.

[Journalist]

You mean that cock and bull story about the maid having a lover?

[Reporter]

It wasn't a cock and bull story. She could have let him in through the kitchen window.

[Journalist]

She could have.

[Reporter]

Miss Keys might easily have heard them and come down to see what was the matter.

[Journalist]

Even so, why should the lover have killed her?

[Reporter]

I suppose because he was frightened and hit out at her. Then the maid could have let him out again through the window. No one would be a penny the wiser.

[Journalist]

You're too Imaginative for work like this, Smith.

[Hangman]

But suppose what the gentleman says is true, sir. I'd never sleep in my bed again if I thought I'd hanged an innocent man and him only a boy.

[Journalist]

Innocent or not, he is going to hang. Where's the chaplain?

[Hangman]

He's been with lee the last 10 minutes, sir.

[Journalist]

Hello. There's 8:00.

[Hangman]

Excuse me, gentlemen. I've got to be off.

[Reporter]

Where's he going?

[Journalist]

To the condemned cells. They make up a procession.

[Chaplain]

Good morning, Lee.

[John Lee]

Good morning, Parson. How much longer have I.

[Chaplain]

They'll come for you at 8:00. It's 10. Two now.

[Governor]

Oh.

[Chaplain]

Did you enjoy your breakfast?

[John Lee]

I ate all I could.

[Chaplain]

That's the right spirit.

[John Lee]

They said I could have whatever I wanted, but I couldn't fancy anything but bread and butter.

[Chaplain]

Lee, if you'd like to confess and go to your Maker with your soul clean.

[John Lee]

Parson, I have nothing to confess. I didn't murder Miss Keys. If I say it with the last.

[Chaplain]

Breath in my body, I believe you, my boy.

[John Lee]

Last night I had a dream. I didn't mean to tell anyone about it because I thought there was no one would believe me.

[Chaplain]

What was the dream?

[John Lee]

I dreamt that I walked through a garden with high walls round it.

[Chaplain]

What garden?

[John Lee]

I'd never seen it before. And on one side there was a gallows. And they stood me on the gallows with a sack over my head. But when they drew the bolt, the trap didn't fall.

[Chaplain]

It's 8:00, Lee. I know you're going to be brave, my boy.

[John Lee]

Parson, this is the garden I dreamt about. And that's the gallows.

[Hangman]

Up these steps, Lee. That's right. Stand there. Hold your head up a minute. I want to get the knot under your ear. There you are. Now your legs.

[John Lee]

Why are you tying my legs? Are you frightened I'll kick?

[Hangman]

Easy, now. Hold your head up again while I put the hood on.

[John Lee]

Just let me look at the birds a minute. You wouldn't think they'd hang a man in a garden like this, would you?

[Hangman]

Is there anything you want to say before I put the hood on?

[John Lee]

No. Drop me off and be done with it.

[Chaplain]

I am the resurrection of the life.

[Governor]

Draw the boat, Barry.

[Hangman]

Yes, sir.

[Governor]

Well, Berry, get on with it.

[Hangman]

I pulled the bolt out, sir, and it won't work.

[Journalist]

What?

[Hangman]

I pulled the bolt out, sir, and the trapdoor won't fall.

[Governor]

Jump on it, man. Jump on it. Put the fellow out of his misery.

[Hangman]

Yes, sir.

[Chaplain]

This is terrible, son. Terrible.

[Hangman]

Come on, you men.

[Governor]

All of you jump on it too.

[Hangman]

It's no good, sir. We can't get it to budge.

[Governor]

Well, get Lee off of it, and we can't leave him standing on tiptoe.

[Hangman]

Yes, sir. Just step over here, my lad, please.

[John Lee]

Finish it quickly.

[Governor]

Get the prisoner. Brandy?

[John Lee]

Oh, no, thank you, sir. I'm all right.

[Governor]

Well, Barry, is the tap door all right now?

[Hangman]

I'll just test it, sir. There you are. Fall's as clean as a whistle again.

[Governor]

All right, put him back on it.

[Hangman]

This way, Lee.

[John Lee]

Finish me off quick.

[Chaplain]

This time we brought nothing into the world.

[Governor]

All right, Benny, draw the boat.

[Hangman]

It's no good, governor. It still won't work.

[Governor]

Take the man away and fix it. And for God's sake, let there be no mistake. A third time.

[Journalist]

Governor, what's going to happen?

[Governor]

I have nothing further to say. Come on.

[Journalist]

Governor. Smith and I have millions of readers hanging on upon our words. What's going to happen to Lee?

[Governor]

You possess as much information upon the subject as I do, sir.

[Reporter]

He'll be reprieved, won't he?

[Governor]

I have no idea.

[Journalist]

You've delayed the execution.

[Governor]

I took it upon myself to delay the execution after the trapdoor had failed to work three times.

[Reporter]

They can't hang him now, sir.

[Journalist]

Jove, the fellow's brave. The hangman was more upset than he was.

[Governor]

I regret the unfortunate accident that prevented the sentence from being carried out.

[Reporter]

Accidents?

[Governor]

The wood had been swollen by the rains. It refused to work at the critical moment.

[Journalist]

With all respect, governor, that won't wash. At 10 minutes to 8, Smith and I saw Barry test the trapdoor. It worked perfectly. Then Lee gets on and it won't budge an inch. Not even when four men jump on it. Then they take Lee off and it works again.

[Governor]

I regret.

[Journalist]

Then they put him back again and again. It won't work. They take him off and it works.

[Reporter]

That happened three times.

[Governor]

Gentlemen. I regret.

[Journalist]

The trapdoor's working again now, isn't it? Yes.

[Reporter]

I'm not a betting man, but I'll bet you anything you like that if you put John Lee back on the gallows this instant, it wouldn't work.

[Journalist]

And believe me, by this afternoon the whole of England is going to agree with us. John Lee can't be hanged. He mustn't be hanged.

[Governor]

Gentlemen, I must remind you that John Lee is still under sentence of death and that unless the home Secretary sees fit to intervene the sentence will be duly carried out.

[Chaplain]

Lee. Lee, are you there?

[John Lee]

I. Here I am, Parson.

[Chaplain]

It's come. It's come.

[John Lee]

What's come?

[Chaplain]

The telegram. You are not to be hanged.

[John Lee]

I knew I wouldn't be hanged, Parson.

[Chaplain]

You knew?

[John Lee]

When I saw the garden, the same as in my dream. I should have believed, but I was lacking in faith. But as soon as the trapdoor didn't work that second time, I knew my dream was true. I'm innocent, Parson, as innocent as you are. And there's some power that just won't let me be hanged.

[Reporter]

So ended one of the most remarkable escapes in history. John Lee's sentence was commuted to penal servitude for life. And he was finally released after he had served 22 years in jail. Why the trapdoor refused to work and whether John Lee was actually guilty of murder must, now that he is dead, remain one of the great mysteries that will never be solved. And so ends the story of the man they couldn't hang.