1 00:00:14,000 --> 00:00:19,200 Speaker 1: Chisel raised his sword and leaned across and ran Routledge 2 00:00:19,400 --> 00:00:25,240 Speaker 1: through the heart and immediately said he deserved his fate. 3 00:00:25,440 --> 00:00:28,480 Speaker 1: I aimed for his heart and I hit it, and 4 00:00:29,240 --> 00:00:32,560 Speaker 1: then asked for his slave boy to clean the sword, 5 00:00:32,800 --> 00:00:38,080 Speaker 1: and he then ordered some toddy and sat down and drank. 6 00:00:39,120 --> 00:00:44,600 Speaker 1: I mean just unbelievable that scene and the feeling of 7 00:00:45,200 --> 00:00:48,960 Speaker 1: ut of righteousness on his part, that he wronged me 8 00:00:49,120 --> 00:00:54,640 Speaker 1: verbally and I've put that right, and in front of many, 9 00:00:54,640 --> 00:01:00,640 Speaker 1: many witnesses, it must have been an incredible and ghastly spectacle. 10 00:01:06,680 --> 00:01:09,800 Speaker 2: It was June of seventeen sixty six, more than a 11 00:01:09,840 --> 00:01:14,320 Speaker 2: week after Colonel John Chisel stabbed Scottish merchant Robert Rutledge 12 00:01:14,440 --> 00:01:18,680 Speaker 2: to death with his sword. The sheriff drove Chisel toward Williamsburg, 13 00:01:18,800 --> 00:01:21,440 Speaker 2: about one hundred miles away, which would have taken at 14 00:01:21,560 --> 00:01:24,560 Speaker 2: least a day. Having spent a week locked away in 15 00:01:24,600 --> 00:01:28,800 Speaker 2: the Cumberland County jail, Chisel was exhausted. He had been 16 00:01:28,880 --> 00:01:32,040 Speaker 2: dragged to court, and he had demanded that the justices 17 00:01:32,160 --> 00:01:35,240 Speaker 2: release him on bail so he could avoid the spectacle 18 00:01:35,280 --> 00:01:38,920 Speaker 2: of being jailed in Williamsburg, where his family lived, But 19 00:01:39,000 --> 00:01:43,360 Speaker 2: the justices had declined to offer bail. Murderers were virtually 20 00:01:43,480 --> 00:01:47,039 Speaker 2: never offered bail, no matter their status. The judges were 21 00:01:47,080 --> 00:01:50,800 Speaker 2: also likely nervous about the case, so they sent Chisel 22 00:01:50,840 --> 00:01:57,480 Speaker 2: to Williamsburg to appear before the General Court. Historian and 23 00:01:57,560 --> 00:02:02,480 Speaker 2: interpreter Nicole Brown explains what happened as Chissel's carriage rambled 24 00:02:02,520 --> 00:02:03,760 Speaker 2: along the country road. 25 00:02:08,040 --> 00:02:10,240 Speaker 3: So he's on his way to Williamsburg, and all of 26 00:02:10,240 --> 00:02:14,639 Speaker 3: a sudden, the sheriff in question is intercepted by several 27 00:02:14,680 --> 00:02:19,760 Speaker 3: gentlemen of Williamsburg, also including his attorney, John Wales. 28 00:02:20,720 --> 00:02:24,720 Speaker 2: John Wales was a terrible person. Let's just say that upfront. 29 00:02:25,000 --> 00:02:27,960 Speaker 2: He was a plantation owner and a slave trader. He 30 00:02:28,080 --> 00:02:30,560 Speaker 2: was also a lawyer, and he was connected to a 31 00:02:30,600 --> 00:02:36,240 Speaker 2: future president, Thomas Jefferson, because Jefferson had married Wales's daughter, Martha. 32 00:02:36,960 --> 00:02:40,160 Speaker 2: John Wales was not a good person, but he was 33 00:02:40,400 --> 00:02:41,240 Speaker 2: a good attorney. 34 00:02:42,440 --> 00:02:46,120 Speaker 3: He's an attorney at this time, and not a very 35 00:02:46,120 --> 00:02:48,400 Speaker 3: popular one by all accounts in the newspaper. But he 36 00:02:48,680 --> 00:02:53,480 Speaker 3: ends up being Colonel Chisel's attorney and either takes depositions 37 00:02:53,600 --> 00:02:56,160 Speaker 3: or the depositions from the individuals in the tavern are 38 00:02:56,200 --> 00:03:01,000 Speaker 3: collected by him to be brought in front of three 39 00:03:01,040 --> 00:03:02,240 Speaker 3: of the justices of the peace. 40 00:03:03,040 --> 00:03:05,840 Speaker 2: Let's go back a bit for some context. While Chisel 41 00:03:05,919 --> 00:03:09,000 Speaker 2: was in jail in Cumberland County, Wales had been gathering 42 00:03:09,040 --> 00:03:13,160 Speaker 2: information about his case. What exactly had happened that afternoon 43 00:03:13,160 --> 00:03:17,560 Speaker 2: in Moseby's tavern? Who saw what? And what exactly do 44 00:03:17,639 --> 00:03:21,200 Speaker 2: they think they saw? Once it seemed like there could 45 00:03:21,240 --> 00:03:24,080 Speaker 2: be room for reasonable doubt, Wales came up with the 46 00:03:24,120 --> 00:03:28,600 Speaker 2: defense Ruttledge had threatened Chisel. Chisel armed himself with a 47 00:03:28,600 --> 00:03:32,880 Speaker 2: long sword. Then Rutledge lunged forward and essentially threw himself 48 00:03:32,880 --> 00:03:37,920 Speaker 2: on the sword, killing himself accidentally. To Wales, this seemed 49 00:03:38,000 --> 00:03:42,480 Speaker 2: like a reasonable explanation. Wales also knew that it would 50 00:03:42,480 --> 00:03:45,480 Speaker 2: be unacceptable for a member of the gentry class to 51 00:03:45,560 --> 00:03:49,080 Speaker 2: be jailed in the center of Williamsburg. It would be humiliating, 52 00:03:49,240 --> 00:03:51,800 Speaker 2: not just for Chisel, but for any member of the 53 00:03:51,880 --> 00:03:55,520 Speaker 2: upper class in the thirteen colonies. So Wales approached the 54 00:03:55,600 --> 00:03:59,040 Speaker 2: three Justices of the General Court in Williamsburg. This was 55 00:03:59,160 --> 00:04:02,440 Speaker 2: the highest core for the Colony of Virginia. It was 56 00:04:02,520 --> 00:04:05,960 Speaker 2: meant to preside over felony cases or civil cases that 57 00:04:06,080 --> 00:04:11,160 Speaker 2: were financially more notable big cases. These three men would 58 00:04:11,200 --> 00:04:15,040 Speaker 2: be presiding over Chisel's case and they would decide if 59 00:04:15,160 --> 00:04:16,960 Speaker 2: John Chisel would receive bail. 60 00:04:18,120 --> 00:04:21,599 Speaker 4: These individuals are all appointed to serve for life by 61 00:04:21,680 --> 00:04:25,640 Speaker 4: the Crown. The Royal governor is coming from England or Scotland, 62 00:04:25,839 --> 00:04:28,120 Speaker 4: so he's not going to be familiar with the customs 63 00:04:28,200 --> 00:04:31,760 Speaker 4: and the traditions of the Virginians. And that's why the 64 00:04:31,760 --> 00:04:35,599 Speaker 4: Crown has appointed these Virginians, for the most part, native 65 00:04:35,600 --> 00:04:40,160 Speaker 4: born Virginians, to assist the governor with his responsibilities. They 66 00:04:40,200 --> 00:04:42,920 Speaker 4: serve as the upper house of the colony's legislature, they 67 00:04:42,960 --> 00:04:47,000 Speaker 4: serve as the executive administration for the colony's government, and 68 00:04:47,160 --> 00:04:49,720 Speaker 4: they serve as the justices in the highest court in 69 00:04:49,760 --> 00:04:50,320 Speaker 4: the colony. 70 00:04:51,000 --> 00:04:54,320 Speaker 5: So three men from the Governor's council. It's John Blair, 71 00:04:54,480 --> 00:04:57,000 Speaker 5: Presley Thornton and William Bird. The third who had they 72 00:04:57,080 --> 00:04:57,760 Speaker 5: mentioned of earlier. 73 00:04:58,160 --> 00:05:00,960 Speaker 2: You've heard of William Byrd the because he was a 74 00:05:01,000 --> 00:05:05,080 Speaker 2: business partner of Chisel and John Robinson. The three men 75 00:05:05,200 --> 00:05:09,800 Speaker 2: owned Chisel's leadmine. John Chisel also owed William Byrd some 76 00:05:09,920 --> 00:05:14,160 Speaker 2: money and Bird had borrowed money from John Robinson. Now 77 00:05:14,200 --> 00:05:16,760 Speaker 2: you see how things went in the colonies. 78 00:05:17,320 --> 00:05:19,960 Speaker 6: The gentry, you know, the good old boy system, and 79 00:05:20,000 --> 00:05:21,080 Speaker 6: they were all partners. 80 00:05:21,400 --> 00:05:24,880 Speaker 2: Chisel's lawyer, John Wales approached the three justices of the 81 00:05:24,880 --> 00:05:28,440 Speaker 2: General Court and explained what happened in the tavern that day. 82 00:05:29,000 --> 00:05:32,680 Speaker 2: The trio of men panicked. They all had personal connections 83 00:05:32,720 --> 00:05:35,400 Speaker 2: to Chisel, and it would certainly be detrimental to the 84 00:05:35,440 --> 00:05:38,760 Speaker 2: gentry class to have one of their own seen behind 85 00:05:38,839 --> 00:05:42,120 Speaker 2: bars in the center of town. So, while Chisel was 86 00:05:42,200 --> 00:05:45,479 Speaker 2: at a bail hearing in Cumberland County, the three judges 87 00:05:45,520 --> 00:05:46,520 Speaker 2: came up with a plan. 88 00:05:46,720 --> 00:05:50,159 Speaker 3: In Williamsburg, Let's go talk to these three attorneys, one 89 00:05:50,160 --> 00:05:51,520 Speaker 3: of whom is George With, to see if you can 90 00:05:51,520 --> 00:05:53,880 Speaker 3: find precedent to give Colonel Chisel bail. 91 00:05:54,480 --> 00:05:57,400 Speaker 2: The justices of the General Court were searching for a 92 00:05:57,520 --> 00:06:00,919 Speaker 2: legal way to justify giving jo On Chisel bail. 93 00:06:01,839 --> 00:06:05,240 Speaker 5: They approach some learned lawyers, one of whom is George With, 94 00:06:05,880 --> 00:06:09,599 Speaker 5: to ask if it was possible for Colonel Chisel to 95 00:06:09,640 --> 00:06:10,400 Speaker 5: receive bail. 96 00:06:10,880 --> 00:06:14,000 Speaker 2: That's incredible. The judges of the General Court were supposed 97 00:06:14,000 --> 00:06:17,680 Speaker 2: to remain unbiased, but they weren't. They knew it would 98 00:06:17,720 --> 00:06:20,480 Speaker 2: be detrimental to send another member of the gentry class 99 00:06:20,520 --> 00:06:24,000 Speaker 2: to jail. But it wasn't just Chisel's reputation that was 100 00:06:24,040 --> 00:06:28,039 Speaker 2: at stake. Let's talk about what Chisel would face if 101 00:06:28,080 --> 00:06:32,400 Speaker 2: he were locked up in Williamsburg, and public humiliation would 102 00:06:32,440 --> 00:06:41,200 Speaker 2: be the least of his troubles. Lots of photos, ladies. 103 00:06:40,839 --> 00:06:52,000 Speaker 7: Okay, yeah, you'd like you could get a picture of 104 00:06:52,000 --> 00:06:53,279 Speaker 7: one of y'all unlocking us. 105 00:06:54,839 --> 00:06:55,360 Speaker 8: Get the key. 106 00:06:55,440 --> 00:06:56,280 Speaker 6: It's a weird key. 107 00:06:56,680 --> 00:06:58,400 Speaker 3: Thanks Cash, I got the key. 108 00:06:58,600 --> 00:07:00,760 Speaker 9: So belocks of pretty. 109 00:07:01,360 --> 00:07:06,080 Speaker 2: Finny cashier Hearts and Nicole were kind enough to give 110 00:07:06,120 --> 00:07:08,480 Speaker 2: my daughters and me a tour of the jail where 111 00:07:08,560 --> 00:07:10,040 Speaker 2: Chisel would serve his time. 112 00:07:11,760 --> 00:07:17,960 Speaker 9: There we go, all right, I'll turn it counterclockwise, keep going, 113 00:07:23,040 --> 00:07:23,480 Speaker 9: I'll go in. 114 00:07:25,240 --> 00:07:26,600 Speaker 2: Thank you. 115 00:07:28,600 --> 00:07:31,840 Speaker 3: Is this a jail cell? Now, why doesn't Cash explain 116 00:07:31,920 --> 00:07:33,280 Speaker 3: that to you? What this actually is? 117 00:07:34,600 --> 00:07:39,520 Speaker 4: So right now we are in the jail keeper's living quarters. 118 00:07:40,000 --> 00:07:44,480 Speaker 4: This is where the jail keeper and his family would 119 00:07:44,520 --> 00:07:47,600 Speaker 4: have resided. There would have had a kitchen on site 120 00:07:47,640 --> 00:07:52,760 Speaker 4: as well, and probably some other living space also, So 121 00:07:52,840 --> 00:07:58,520 Speaker 4: it's a pretty comfortable space compared to what most Virginians 122 00:07:58,600 --> 00:08:03,880 Speaker 4: would reside in. Most Virginians free or enslaved, they'd probably 123 00:08:03,920 --> 00:08:06,600 Speaker 4: live in a structure that has a dirt floor, no 124 00:08:06,720 --> 00:08:10,120 Speaker 4: glass in the windows. It would have an earthen fireplace, 125 00:08:10,480 --> 00:08:13,360 Speaker 4: whereas this structure, it has a wooden floor. It's a 126 00:08:13,400 --> 00:08:17,640 Speaker 4: brick building on a raised foundation, it has glazed windows, 127 00:08:17,960 --> 00:08:22,160 Speaker 4: and the fact that it has multiple rooms is another benefit. 128 00:08:22,960 --> 00:08:25,600 Speaker 2: It was an important job that required the jailer to 129 00:08:25,640 --> 00:08:27,800 Speaker 2: stay on the premises most of the time, so it 130 00:08:27,880 --> 00:08:30,600 Speaker 2: makes sense that the quarters would be nice. But we 131 00:08:30,600 --> 00:08:33,720 Speaker 2: were curious about what it would be like for a prisoner. 132 00:08:34,320 --> 00:08:37,960 Speaker 3: So I know, the night before his trial was to commence, 133 00:08:38,080 --> 00:08:41,240 Speaker 3: Chisel was supposed to stay in the jail. Do you 134 00:08:41,440 --> 00:08:44,599 Speaker 3: have any idea of what cell he likely would have 135 00:08:44,640 --> 00:08:45,040 Speaker 3: stayed in. 136 00:08:46,240 --> 00:08:49,880 Speaker 4: They don't seem to have had assigned jail cells. 137 00:08:50,520 --> 00:08:53,760 Speaker 2: Perhaps John Chisel would eventually be taken to the gallows. 138 00:08:54,360 --> 00:08:57,160 Speaker 2: Certainly at that time the public seemed to support the 139 00:08:57,200 --> 00:09:01,160 Speaker 2: idea that a murderer deserved it. But first he'd need 140 00:09:01,200 --> 00:09:03,520 Speaker 2: to go on trial, and he'd have to spend some 141 00:09:03,720 --> 00:09:05,240 Speaker 2: time in one of those cells. 142 00:09:06,080 --> 00:09:10,280 Speaker 4: They're pretty spartan conditions. You would not have had furniture 143 00:09:10,840 --> 00:09:11,840 Speaker 4: in the cells. 144 00:09:13,120 --> 00:09:13,600 Speaker 9: You would have. 145 00:09:13,559 --> 00:09:16,840 Speaker 4: Had a couple of palletts. That's sort of like a 146 00:09:16,920 --> 00:09:21,960 Speaker 4: cloth bag that's been filled with straw or corn husks 147 00:09:22,000 --> 00:09:26,160 Speaker 4: to sleep on. The jail keeper is responsible for providing 148 00:09:26,240 --> 00:09:29,360 Speaker 4: you food and for keeping you healthy. But if you 149 00:09:29,440 --> 00:09:34,480 Speaker 4: wanted better treatment or better food, or furniture or lodging, 150 00:09:35,520 --> 00:09:37,360 Speaker 4: you could have it, but only if you could afford 151 00:09:37,400 --> 00:09:38,040 Speaker 4: to pay for it. 152 00:09:38,840 --> 00:09:42,079 Speaker 2: Like so much of society at that time, even in jail, 153 00:09:42,200 --> 00:09:45,160 Speaker 2: it paid to be a member of the gentry. Did 154 00:09:45,160 --> 00:09:50,320 Speaker 2: the gentry like Chisel know about all of these conditions, Oh? 155 00:09:50,360 --> 00:09:56,800 Speaker 4: Absolutely. Chisel's son in law is the speaker of the house. 156 00:09:58,440 --> 00:10:02,680 Speaker 4: His friend serve on the council, who are the justices 157 00:10:03,040 --> 00:10:07,640 Speaker 4: of the court, so he would be very familiar with 158 00:10:08,120 --> 00:10:11,520 Speaker 4: the circumstances that folks in the jail are staying in. 159 00:10:12,080 --> 00:10:14,240 Speaker 8: As far as you know, in the history of this 160 00:10:14,360 --> 00:10:19,360 Speaker 8: jail in Williamsburg, had anybody at his caliber had been 161 00:10:19,400 --> 00:10:21,880 Speaker 8: here for any reason, debtors or anything else. 162 00:10:22,360 --> 00:10:28,160 Speaker 4: There were instances previously where individuals in high station in 163 00:10:28,200 --> 00:10:31,360 Speaker 4: society had gotten in trouble with the law, but I'm 164 00:10:31,400 --> 00:10:33,520 Speaker 4: not aware of anyone that had ever progressed to the 165 00:10:33,559 --> 00:10:37,120 Speaker 4: point of about to be kept in the jail under 166 00:10:37,200 --> 00:10:39,640 Speaker 4: the accusation of murder. 167 00:10:42,280 --> 00:10:46,040 Speaker 2: Jail was a perilous place, and anyone who spent time 168 00:10:46,080 --> 00:10:49,480 Speaker 2: there was likely at risk, no matter their social status, 169 00:10:50,000 --> 00:10:53,760 Speaker 2: or maybe especially at risk because of it. 170 00:10:53,840 --> 00:10:57,040 Speaker 8: The public jail that you've been in is the place 171 00:10:57,080 --> 00:10:59,920 Speaker 8: where anybody who committed a murder is to be held 172 00:11:00,160 --> 00:11:05,079 Speaker 8: before their trial. And I certainly cannot think of anybody 173 00:11:05,120 --> 00:11:09,520 Speaker 8: who received the privilege of getting to go back to 174 00:11:09,559 --> 00:11:11,920 Speaker 8: his own house to await trial. 175 00:11:12,559 --> 00:11:17,440 Speaker 2: But Chisel's attorneys, including George with did find that precedent. 176 00:11:18,080 --> 00:11:21,000 Speaker 2: He pointed to a murder case where the coroner had 177 00:11:21,000 --> 00:11:24,240 Speaker 2: not declared that the death was a murder at the inquest. 178 00:11:24,960 --> 00:11:28,000 Speaker 2: Remember that in religious case, the coroner had said that 179 00:11:28,120 --> 00:11:31,880 Speaker 2: he had died from a sword stabbing, but Chisele was 180 00:11:31,960 --> 00:11:32,679 Speaker 2: not named. 181 00:11:33,360 --> 00:11:37,520 Speaker 5: Then Colonel Chisel can receive bail. This man received bail 182 00:11:37,720 --> 00:11:39,760 Speaker 5: because of a coroner's inquest. 183 00:11:40,200 --> 00:11:43,560 Speaker 3: They do find precedent to give Colonel Chisel bail or 184 00:11:43,679 --> 00:11:50,360 Speaker 3: the attorneys due although it's dubious at best, and Colonel Chisel, 185 00:11:50,520 --> 00:11:54,679 Speaker 3: rather than being ushered away to the jail in Williamsburg, 186 00:11:54,760 --> 00:11:58,800 Speaker 3: which will be very hot and dark in the middle 187 00:11:58,880 --> 00:12:02,839 Speaker 3: of the summer, is sent to his beautiful town home 188 00:12:03,120 --> 00:12:05,360 Speaker 3: in Williamsburg, two streets over. 189 00:12:06,400 --> 00:12:10,920 Speaker 2: The three judges, all friends of Chisel, convened privately. After 190 00:12:10,960 --> 00:12:14,280 Speaker 2: the attorneys presented their findings and they made their decision, 191 00:12:15,040 --> 00:12:18,720 Speaker 2: John Chisel could receive bail and they were in the 192 00:12:18,800 --> 00:12:22,760 Speaker 2: right technically. Cash Erhart takes Nicole Brown and me on 193 00:12:22,800 --> 00:12:25,600 Speaker 2: a tour of a historic building where the council had 194 00:12:25,640 --> 00:12:26,280 Speaker 2: once met. 195 00:12:29,200 --> 00:12:34,320 Speaker 4: One of one conversations were taken place. Yeah, in this 196 00:12:34,559 --> 00:12:40,160 Speaker 4: room after Colonel Bird and the other members of the 197 00:12:40,240 --> 00:12:45,840 Speaker 4: council pretty much took it upon themselves to secure bail 198 00:12:45,920 --> 00:12:48,320 Speaker 4: for or Chiswell. 199 00:12:48,880 --> 00:12:53,040 Speaker 2: This seemed to be eighteenth century privilege on display, and 200 00:12:53,160 --> 00:12:57,400 Speaker 2: Robert Rutledge was essentially dismissed as a victim whose life 201 00:12:57,559 --> 00:13:01,280 Speaker 2: had little value. Instead, rut his position as a merchant 202 00:13:01,480 --> 00:13:02,120 Speaker 2: was threatening. 203 00:13:02,800 --> 00:13:07,160 Speaker 5: We're talking about somebody who outright murdered his friend, and 204 00:13:07,200 --> 00:13:12,000 Speaker 5: then his friends tried to give him a privileged position. 205 00:13:12,600 --> 00:13:14,880 Speaker 10: So these two guys, when we talk about Colonel Chisel, 206 00:13:15,000 --> 00:13:17,720 Speaker 10: who of course is an aristocrat's aristocrat, he is as 207 00:13:17,760 --> 00:13:18,720 Speaker 10: gentry as they come. 208 00:13:19,480 --> 00:13:21,120 Speaker 4: He is kind of a jerk. 209 00:13:21,200 --> 00:13:23,480 Speaker 10: No one seems to particularly care for the guy, but 210 00:13:23,720 --> 00:13:27,679 Speaker 10: is wealthy, well connected. And then you've got someone like Rutledge, 211 00:13:28,120 --> 00:13:30,480 Speaker 10: who is making his way in the world in a 212 00:13:30,600 --> 00:13:33,679 Speaker 10: time where people making their way in the world is 213 00:13:33,720 --> 00:13:39,720 Speaker 10: making the wealthy elites uncomfortable, because yeah, so we've got 214 00:13:39,720 --> 00:13:42,319 Speaker 10: our status quo guy who's representing sort of old school, 215 00:13:42,720 --> 00:13:44,400 Speaker 10: and then you've got Rutledge is sort of the people 216 00:13:44,400 --> 00:13:47,559 Speaker 10: who are up and coming. And this bigger question always 217 00:13:47,679 --> 00:13:51,560 Speaker 10: is is who's in charge, who matters, and who gets 218 00:13:51,600 --> 00:13:52,720 Speaker 10: to make those decisions. 219 00:13:54,280 --> 00:13:58,400 Speaker 2: The justices had never interviewed any of the witnesses themselves. 220 00:13:58,640 --> 00:14:07,000 Speaker 2: They just accepted the lead advice. That day on the 221 00:14:07,040 --> 00:14:10,200 Speaker 2: country ride, when the sheriff was stopped from continuing on 222 00:14:10,240 --> 00:14:13,760 Speaker 2: to Williamsburg, the three judges, as well as Chisel's attorney 223 00:14:14,080 --> 00:14:17,320 Speaker 2: were there to offer Chisel bail and deliver him to 224 00:14:17,400 --> 00:14:21,960 Speaker 2: his home. He thanked them for their assistance, but now 225 00:14:22,000 --> 00:14:24,960 Speaker 2: he had to pay the bill. They couldn't release Chisel 226 00:14:25,000 --> 00:14:29,040 Speaker 2: from that onerous obligation, and it was an incredibly large 227 00:14:29,040 --> 00:14:32,240 Speaker 2: sum of money, a total of six thousand pounds that's 228 00:14:32,240 --> 00:14:35,880 Speaker 2: more than one point five million dollars in today's money, two. 229 00:14:35,760 --> 00:14:39,720 Speaker 5: Thousand pounds for himself, with four gentlemen vouching for him 230 00:14:39,760 --> 00:14:45,520 Speaker 5: at one thousand pounds each, six thousand pounds a wild 231 00:14:45,720 --> 00:14:49,160 Speaker 5: amount of money. I mean, one thousand pounds in Virginia 232 00:14:49,240 --> 00:14:53,720 Speaker 5: for a working class person is considered an insurmountable debt. 233 00:14:54,000 --> 00:14:56,520 Speaker 8: Ah what he has to pay two thousand and then 234 00:14:56,560 --> 00:14:58,680 Speaker 8: he's got four other people paying one thousand pounds ease. 235 00:14:59,200 --> 00:15:02,560 Speaker 5: And who are these other gentrymen, his friends who are 236 00:15:02,560 --> 00:15:05,800 Speaker 5: doing what everyone else is doing? Hence the credit society. 237 00:15:06,080 --> 00:15:07,120 Speaker 5: It's the scratch of a pen. 238 00:15:07,680 --> 00:15:10,760 Speaker 2: Robert means that all five of these men, including Chisel, 239 00:15:10,840 --> 00:15:13,640 Speaker 2: are just signing their name for credit and promising to 240 00:15:13,680 --> 00:15:14,960 Speaker 2: pay the note someday. 241 00:15:15,600 --> 00:15:19,040 Speaker 5: They're not going back to a bank right in withdrawing 242 00:15:19,160 --> 00:15:22,360 Speaker 5: one thousand pounds. No. No, they are signing their name 243 00:15:22,560 --> 00:15:24,520 Speaker 5: to a piece of paper, just like you do for 244 00:15:25,000 --> 00:15:28,440 Speaker 5: many transactions, if not most transactions in Virginia. 245 00:15:28,960 --> 00:15:32,320 Speaker 2: That was another good illustration of why the colonists in 246 00:15:32,440 --> 00:15:36,040 Speaker 2: all thirteen colonies were always in debt. It was so 247 00:15:36,120 --> 00:15:39,600 Speaker 2: easy to borrow money at high interest rates, regardless of 248 00:15:39,640 --> 00:15:42,960 Speaker 2: the expense. John Chisel had avoided the jail for now, 249 00:15:43,240 --> 00:15:48,680 Speaker 2: and for him that was certainly worth the price. After 250 00:15:48,800 --> 00:15:52,840 Speaker 2: Chisel headed home with his lawyers, Sheriff Jesse Thomas turned 251 00:15:52,880 --> 00:16:05,920 Speaker 2: the carriage around and headed back west alone in Williamsburg, 252 00:16:06,120 --> 00:16:09,960 Speaker 2: Colonel Chisel's attorney, John Wales, and his colleagues began building 253 00:16:10,000 --> 00:16:12,960 Speaker 2: their case for self defense. The first part was picking 254 00:16:13,040 --> 00:16:15,320 Speaker 2: a jury. It's the right of a defendant to be 255 00:16:15,440 --> 00:16:17,400 Speaker 2: judged by a jury of his peers. 256 00:16:18,120 --> 00:16:22,520 Speaker 4: So since Colonel Chisel lives hearing Williamsburg, but he's accused 257 00:16:22,520 --> 00:16:27,560 Speaker 4: of murder out in Montgomery County, Virginia, near Blacksburg at 258 00:16:27,560 --> 00:16:33,160 Speaker 4: Mosby's Tavern is where the crime took place, would Chisel 259 00:16:33,320 --> 00:16:38,640 Speaker 4: object to having six jurors come from out west to 260 00:16:38,680 --> 00:16:42,480 Speaker 4: come and sit on the jury hearing Williamsburg. Because the 261 00:16:42,560 --> 00:16:45,440 Speaker 4: idea is that who better to know whether or not 262 00:16:45,520 --> 00:16:49,240 Speaker 4: someone might have committed a crime than that person's neighbors, 263 00:16:49,720 --> 00:16:53,640 Speaker 4: someone who would be familiar with the circumstances of the crime. 264 00:16:54,280 --> 00:16:57,320 Speaker 2: Chisel was a resident of Williamsburg, so half of his 265 00:16:57,440 --> 00:17:00,920 Speaker 2: jury would come from the countryside out west he owns property, 266 00:17:01,280 --> 00:17:03,320 Speaker 2: and the other half would come from where he lives 267 00:17:03,360 --> 00:17:06,640 Speaker 2: most of the time. Here's the problem. The wealthy men 268 00:17:06,680 --> 00:17:09,919 Speaker 2: from the countryside would also be unlikely to convict a 269 00:17:09,960 --> 00:17:12,919 Speaker 2: member of the gentry. But in the city a juror 270 00:17:13,040 --> 00:17:16,960 Speaker 2: might be a middle class person who would be less sympathetic. 271 00:17:16,920 --> 00:17:19,120 Speaker 4: But you're not likely to find some of the same 272 00:17:19,320 --> 00:17:23,359 Speaker 4: sorts of gentlemen coming from out west as you would 273 00:17:23,359 --> 00:17:26,640 Speaker 4: find in paneled on a jury hearing Williamsburg. 274 00:17:29,200 --> 00:17:33,400 Speaker 2: And that revelation began to make people in Williamsburg very angry. 275 00:17:33,920 --> 00:17:37,080 Speaker 2: A mysterious writer with the pen name d K. Philos 276 00:17:37,280 --> 00:17:41,880 Speaker 2: began submitting anonymous articles to the newspaper the Virginia Gazette. 277 00:17:42,240 --> 00:17:45,960 Speaker 2: D K Philos is the Greek phrase for lover of justice. 278 00:17:46,600 --> 00:17:50,680 Speaker 2: The writer questioned the General Court's decision to grant Chisel bail. 279 00:17:51,160 --> 00:17:54,439 Speaker 2: They accused Chisel of being privileged, of taking advantage of 280 00:17:54,480 --> 00:17:57,920 Speaker 2: his high station. The writer was concerned that justice would 281 00:17:57,920 --> 00:18:02,000 Speaker 2: be derailed, that Chisel would get away with murder, that 282 00:18:02,040 --> 00:18:04,840 Speaker 2: the jury would be tilted toward Chisel. 283 00:18:05,520 --> 00:18:07,720 Speaker 5: I'll just read a couple of lines from this di 284 00:18:07,880 --> 00:18:13,320 Speaker 5: K Felos. He says, some persons have ungenerously surmised that 285 00:18:13,400 --> 00:18:17,040 Speaker 5: the influence of mister Chisel's friends will prevent the truth 286 00:18:17,119 --> 00:18:20,320 Speaker 5: from being published. But who of his friends have so 287 00:18:20,480 --> 00:18:24,000 Speaker 5: little sense and honor as to desire the suppression of 288 00:18:24,119 --> 00:18:26,640 Speaker 5: truth and the violation of justice and. 289 00:18:26,760 --> 00:18:31,880 Speaker 2: Government suppression of truth? This phrase might not seem incendiary, 290 00:18:32,160 --> 00:18:35,960 Speaker 2: but in the eighteenth century it's a big accusation against 291 00:18:36,040 --> 00:18:36,640 Speaker 2: the gentry. 292 00:18:37,840 --> 00:18:40,719 Speaker 5: He's not mincing words here, right, this is a different quote. 293 00:18:41,160 --> 00:18:45,600 Speaker 5: He says. Patriots, however, are alarmed on this occasion. Foreigners 294 00:18:45,720 --> 00:18:48,520 Speaker 5: are alarmed. The middle and lower ranks of men who 295 00:18:48,640 --> 00:18:52,919 Speaker 5: are acquainted with the particulars are extremely alarmed. But have 296 00:18:53,080 --> 00:18:56,640 Speaker 5: they reason for much uneasiness? Ought they not to believe 297 00:18:57,080 --> 00:19:00,280 Speaker 5: that the persons in power will always act rightly. 298 00:19:01,119 --> 00:19:04,600 Speaker 2: A few weeks later, the lead Justice John Blair responded 299 00:19:04,600 --> 00:19:08,119 Speaker 2: to the accusations made by the anonymous writer in the newspaper. 300 00:19:08,600 --> 00:19:12,479 Speaker 2: Blair had penned the reply earlier because he realized just 301 00:19:12,600 --> 00:19:16,719 Speaker 2: how unpopular the court's decision was. Judge Blair said he 302 00:19:16,800 --> 00:19:21,000 Speaker 2: believed it to be quote an unhappy, drunken affair, and 303 00:19:21,040 --> 00:19:26,400 Speaker 2: so bail could be offered. It was not. Blair believed murder, 304 00:19:28,000 --> 00:19:30,639 Speaker 2: and he said that English judges were allowed to grant 305 00:19:30,680 --> 00:19:34,080 Speaker 2: bail to murderers if they wished, And that argument goes 306 00:19:34,119 --> 00:19:38,640 Speaker 2: back to the fundamental argument for liberty. We colonists no 307 00:19:38,720 --> 00:19:42,440 Speaker 2: longer want to follow English law. Our system of government 308 00:19:42,600 --> 00:19:46,720 Speaker 2: will be different. Politics was grafted onto crime once again. 309 00:19:47,080 --> 00:19:51,160 Speaker 2: The government of Virginia was being called into question. Remember 310 00:19:51,200 --> 00:19:54,040 Speaker 2: in the last episode when we talked about America's first 311 00:19:54,119 --> 00:19:59,000 Speaker 2: murder diagram, the sketch that pinpointed each man's movement, it 312 00:19:59,040 --> 00:20:01,879 Speaker 2: was Decay Fellow who drew up that map to be 313 00:20:01,960 --> 00:20:06,159 Speaker 2: printed in the newspaper. Who was this anonymous writer, We 314 00:20:06,240 --> 00:20:09,240 Speaker 2: don't know for sure. Some scholars have speculated that he 315 00:20:09,440 --> 00:20:12,800 Speaker 2: was a printer with a grudge against the gentry. During 316 00:20:12,800 --> 00:20:16,400 Speaker 2: our tour, cash Earhart reveals the most popular theory. 317 00:20:16,880 --> 00:20:23,520 Speaker 4: And it was the Reverend Jonathan Boucher. That's what is suspected, 318 00:20:23,920 --> 00:20:32,920 Speaker 4: and Boucher was the tutor of George Washington's stepson, John Park. 319 00:20:33,119 --> 00:20:33,679 Speaker 9: Custis. 320 00:20:35,119 --> 00:20:38,960 Speaker 2: If the author were really Reverend Jonathan Boucher, then that's 321 00:20:39,000 --> 00:20:41,640 Speaker 2: a little surprising given his political leanings. 322 00:20:42,119 --> 00:20:45,120 Speaker 3: The interesting thing about Decephalos and those articles too, especially 323 00:20:45,119 --> 00:20:47,959 Speaker 3: if it was Jonathan Boucher who wrote it, is you know, 324 00:20:48,080 --> 00:20:50,119 Speaker 3: in hindsight everyone saying, well, he's a loyalist, so you 325 00:20:50,119 --> 00:20:52,560 Speaker 3: would think maybe he would side with that old guard 326 00:20:52,560 --> 00:20:55,880 Speaker 3: as we perceive it. And yet he is the loudest 327 00:20:55,960 --> 00:21:00,359 Speaker 3: protester of what's happening with the Chissel Rutledge affair. So 328 00:21:00,400 --> 00:21:02,640 Speaker 3: I think it speaks this idea of patriot and loyalist 329 00:21:02,720 --> 00:21:05,000 Speaker 3: as we know them in the seventeen sixties don't exist. 330 00:21:06,119 --> 00:21:09,240 Speaker 2: I asked Cash what Boucher was hoping to accomplish by 331 00:21:09,240 --> 00:21:10,400 Speaker 2: publishing the articles. 332 00:21:11,040 --> 00:21:14,919 Speaker 4: He sounds like someone who wants to see the world 333 00:21:14,960 --> 00:21:17,640 Speaker 4: as he would wish it, instead of the world as 334 00:21:17,680 --> 00:21:23,000 Speaker 4: it is when this happens. He's publishing those articles under 335 00:21:23,040 --> 00:21:27,720 Speaker 4: the name of Decephalus pointing out the inconsistencies. This is wrong. 336 00:21:27,840 --> 00:21:32,600 Speaker 4: You aren't supposed to grant someone bail. The crown's attorney, 337 00:21:32,600 --> 00:21:35,760 Speaker 4: the attorney general, he should have been here instead of 338 00:21:36,119 --> 00:21:38,560 Speaker 4: being out of town when this is happening. 339 00:21:39,160 --> 00:21:42,000 Speaker 2: That's right. The Attorney General made sure he was out 340 00:21:42,040 --> 00:21:44,840 Speaker 2: of town when the depositions were taken, and then when 341 00:21:44,920 --> 00:21:48,879 Speaker 2: Chisel was granted bail. And here's why he left. The 342 00:21:48,920 --> 00:21:53,800 Speaker 2: attorney general's name was Peyton, Randolph Chisel's brother in law. 343 00:21:54,359 --> 00:21:58,879 Speaker 2: Peyton was the brother of Chisel's wife, Elizabeth. Do you 344 00:21:58,920 --> 00:22:01,880 Speaker 2: see now how well connected John Chisel. 345 00:22:01,680 --> 00:22:06,479 Speaker 4: Was, So you're beginning to see those fissures that I 346 00:22:06,520 --> 00:22:10,360 Speaker 4: was talking about. The status quo is in danger, Yeah, 347 00:22:10,800 --> 00:22:13,280 Speaker 4: the status quo is under siege. 348 00:22:13,359 --> 00:22:17,119 Speaker 2: These essays purportedly from Reverend Boucher, were read by people 349 00:22:17,240 --> 00:22:21,119 Speaker 2: of all classes across the thirteen colonies and across the 350 00:22:21,119 --> 00:22:22,040 Speaker 2: ocean in England. 351 00:22:22,640 --> 00:22:26,920 Speaker 4: The newspaper in Maryland picks up the entire story after 352 00:22:26,960 --> 00:22:30,359 Speaker 4: it's published in the Virginia Gazette. Here in Williamsburging, it 353 00:22:30,640 --> 00:22:35,919 Speaker 4: would have not been unexpected that leaders throughout the different 354 00:22:35,960 --> 00:22:42,320 Speaker 4: colonies subscribed to each colony's newspapers. Taverns also would often 355 00:22:42,960 --> 00:22:46,200 Speaker 4: subscribe to newspapers from the different colonies, and it was 356 00:22:46,240 --> 00:22:50,360 Speaker 4: a common practice to lift entirely what we would think 357 00:22:50,359 --> 00:22:54,520 Speaker 4: of as copying paste articles from other colonies newspapers and 358 00:22:54,560 --> 00:23:00,000 Speaker 4: published in yours. That way, these incidents would have become 359 00:23:00,280 --> 00:23:03,879 Speaker 4: pretty well known pretty quickly throughout North America and ultimately 360 00:23:04,280 --> 00:23:05,040 Speaker 4: back in London. 361 00:23:05,560 --> 00:23:09,040 Speaker 2: In ten years, Thomas Pain would write the essay Common Sense. 362 00:23:09,480 --> 00:23:12,679 Speaker 2: It was printed half a million times. In Common Sense, 363 00:23:12,840 --> 00:23:17,119 Speaker 2: Pain argued for independence from England, and it alone convinced 364 00:23:17,280 --> 00:23:20,280 Speaker 2: many colonists that it was time to be free from 365 00:23:20,359 --> 00:23:24,520 Speaker 2: the king. Boucher and his articles were just as powerful 366 00:23:24,600 --> 00:23:29,040 Speaker 2: as Thomas Paine and his essay. Finally, someone explained to 367 00:23:29,080 --> 00:23:33,199 Speaker 2: the masses why John Robinson and John Chisel were the 368 00:23:33,320 --> 00:23:38,720 Speaker 2: avatars for English greed in the Colonies. The abundance of 369 00:23:38,720 --> 00:23:42,960 Speaker 2: information about Rutledge's murder, as well as Chisel's privilege, caused 370 00:23:43,119 --> 00:23:48,000 Speaker 2: incredibly vicious debates and accusations in the papers. Members of 371 00:23:48,040 --> 00:23:51,879 Speaker 2: the Old Guard were actively attacking each other in print. 372 00:23:52,359 --> 00:23:56,720 Speaker 3: Everything's just bandied about in this messy, nasty, juicy kind 373 00:23:56,720 --> 00:23:58,920 Speaker 3: of way, in the way that I think we all 374 00:23:58,960 --> 00:24:02,439 Speaker 3: still relate to things with news. Right, the dirtier it 375 00:24:02,600 --> 00:24:05,040 Speaker 3: is or the messier it is, the faster we click 376 00:24:05,080 --> 00:24:05,359 Speaker 3: on it. 377 00:24:05,720 --> 00:24:10,760 Speaker 2: Right, same thing, Right, Remember the name of this season 378 00:24:11,440 --> 00:24:18,640 Speaker 2: entitled The theme of this season is someone with privilege 379 00:24:18,640 --> 00:24:22,879 Speaker 2: in America escaping justice. It's something we debate in newspapers 380 00:24:22,920 --> 00:24:27,400 Speaker 2: today in the media. When is enough enough for a society? 381 00:24:28,040 --> 00:24:32,360 Speaker 2: When do they stop being entitled and start being held accountable, 382 00:24:32,680 --> 00:24:37,480 Speaker 2: regardless of their political affiliation. I often talk about how 383 00:24:37,600 --> 00:24:41,119 Speaker 2: lessons resonate with people now, and I'm sure that this 384 00:24:41,320 --> 00:25:07,600 Speaker 2: is one of those lessons. The colonists were incensed over 385 00:25:07,640 --> 00:25:12,840 Speaker 2: the details about Chisel's threats towards Rutledge, especially his abusive language, 386 00:25:13,240 --> 00:25:16,760 Speaker 2: and then Chisel claimed that Rutledge was the aggressor and 387 00:25:16,800 --> 00:25:21,440 Speaker 2: that his death was a tragic accident. The public was incredulous, 388 00:25:21,680 --> 00:25:24,600 Speaker 2: but of course they never protested over the fact that 389 00:25:24,720 --> 00:25:29,080 Speaker 2: Chisel threatened to kill his enslaved manservant just for refusing 390 00:25:29,080 --> 00:25:30,119 Speaker 2: to bring him a sword. 391 00:25:30,720 --> 00:25:34,119 Speaker 3: When you look at the reports of this case, the depositions, 392 00:25:34,160 --> 00:25:36,800 Speaker 3: what's in the newspaper, no one bats a eye about 393 00:25:36,840 --> 00:25:39,919 Speaker 3: him threatening to kill his enslaved manservant. That level of 394 00:25:40,000 --> 00:25:43,520 Speaker 3: violence is expected. So in that kind of world where 395 00:25:43,920 --> 00:25:46,280 Speaker 3: in Williamsburg, where he spends a great deal of time, 396 00:25:46,320 --> 00:25:50,399 Speaker 3: over half the population is black, the majority enslaved, and 397 00:25:50,560 --> 00:25:54,400 Speaker 3: you have laws essentially saying that if you kill your 398 00:25:54,520 --> 00:25:57,320 Speaker 3: enslaved individuals in the process of correction, it's not a felony. 399 00:25:57,680 --> 00:26:00,320 Speaker 3: How much longer does it take until you start to 400 00:26:00,400 --> 00:26:04,120 Speaker 3: escalate towards violence of other members of your community. It's 401 00:26:04,160 --> 00:26:04,920 Speaker 3: a matter of time. 402 00:26:05,720 --> 00:26:08,840 Speaker 2: The enslaved man servant had been a witness, He had 403 00:26:08,880 --> 00:26:12,720 Speaker 2: been standing right there when Rutledge was killed. He was 404 00:26:12,800 --> 00:26:18,080 Speaker 2: friend to neither man. Perhaps he was an unbiased opinion 405 00:26:18,160 --> 00:26:21,880 Speaker 2: that could be valuable in the murder case. No, said 406 00:26:21,960 --> 00:26:22,880 Speaker 2: Virginia's government. 407 00:26:24,119 --> 00:26:28,200 Speaker 3: Would he have testifying, No, because no person of color 408 00:26:28,240 --> 00:26:30,280 Speaker 3: is allowed to testify against a white person. In a 409 00:26:30,320 --> 00:26:32,159 Speaker 3: court of law, wow in the eighteenth century. 410 00:26:32,200 --> 00:26:34,520 Speaker 2: So this is so if it doesn't affect them. 411 00:26:34,359 --> 00:26:38,240 Speaker 3: That's correct. Yeah. 412 00:26:38,280 --> 00:26:41,240 Speaker 2: As the summer months waned and the autumn of seventeen 413 00:26:41,320 --> 00:26:45,479 Speaker 2: sixty six approached, so did Colonel John Chisel's murder trial 414 00:26:45,560 --> 00:26:49,119 Speaker 2: in Williamsburg. It was set to begin on August sixteenth, 415 00:26:49,280 --> 00:26:52,320 Speaker 2: and John Chisel was very restless. 416 00:26:53,760 --> 00:26:56,560 Speaker 3: I think as we move further into this very hot, 417 00:26:56,720 --> 00:26:58,480 Speaker 3: sticky summer, and we know it was a hot, sticky 418 00:26:58,520 --> 00:27:01,119 Speaker 3: summer because of some of the other reports in the 419 00:27:01,119 --> 00:27:04,840 Speaker 3: newspaper that year along with his murder case. You know, 420 00:27:05,040 --> 00:27:08,919 Speaker 3: they mentioned at one point in late July, beginning of August, 421 00:27:08,920 --> 00:27:10,280 Speaker 3: he's come back from his lead minds. 422 00:27:10,600 --> 00:27:14,120 Speaker 2: Newspaper writers had followed Chisel since the story had broken. 423 00:27:14,640 --> 00:27:17,960 Speaker 2: The papers reported that he had visited his lead mines 424 00:27:18,119 --> 00:27:21,439 Speaker 2: in late July, and at the beginning of August, Nicole 425 00:27:21,480 --> 00:27:25,080 Speaker 2: Brown says that was outrageous. Why was he allowed to 426 00:27:25,119 --> 00:27:25,840 Speaker 2: go anywhere? 427 00:27:26,240 --> 00:27:28,119 Speaker 3: So not only was he brought to Williamsburg and then 428 00:27:28,160 --> 00:27:30,600 Speaker 3: given bail, he was allowed to go back out to 429 00:27:30,640 --> 00:27:32,520 Speaker 3: the western part of Virginia to check his minds. And 430 00:27:32,560 --> 00:27:34,399 Speaker 3: they said, well, we hope you just come back by 431 00:27:34,440 --> 00:27:36,159 Speaker 3: October sixteenth, When your trial. 432 00:27:36,000 --> 00:27:40,680 Speaker 2: Is It was almost as if Chisel had been allowed 433 00:27:40,720 --> 00:27:48,160 Speaker 2: to simply return to business as usual. John Chisel greeted 434 00:27:48,160 --> 00:27:51,679 Speaker 2: his wife Elizabeth inside their home on East Francis Street. 435 00:27:52,080 --> 00:27:55,400 Speaker 2: His bedrooms and dining room were filled with valuable objects 436 00:27:55,440 --> 00:27:59,239 Speaker 2: that demonstrated his wealth and power. He had hosted some 437 00:27:59,320 --> 00:28:02,400 Speaker 2: of the most important people in the colonies and England. 438 00:28:02,720 --> 00:28:06,240 Speaker 2: They had dined on oysters, sheep's head, and curried chicken. 439 00:28:06,560 --> 00:28:10,760 Speaker 2: Spices were a luxury good. They sipped chocolate drinks and 440 00:28:10,840 --> 00:28:16,560 Speaker 2: told old stories over elaborate multi course meals. Chisel was 441 00:28:16,600 --> 00:28:19,800 Speaker 2: free of shackles, but the working class people in Williamsburg 442 00:28:19,920 --> 00:28:22,840 Speaker 2: had heard that he was offered bail, and he took it. 443 00:28:23,359 --> 00:28:26,919 Speaker 2: The people also remembered that Chisel's son in law, John Robinson, 444 00:28:27,160 --> 00:28:31,320 Speaker 2: had stolen a fortune and caused Virginia to sink further 445 00:28:31,400 --> 00:28:35,960 Speaker 2: into debt. Chisel had broken their trust. In all the while, 446 00:28:36,200 --> 00:28:39,280 Speaker 2: the King of England was tightening his grip on the colonies. 447 00:28:39,600 --> 00:28:43,120 Speaker 2: Parliament had taxed them, their rights were being taken away, 448 00:28:43,760 --> 00:28:46,560 Speaker 2: and now John Chisel had been released on bail by 449 00:28:46,560 --> 00:28:50,440 Speaker 2: his powerful friends. He was free, and they were furious. 450 00:28:51,120 --> 00:28:55,160 Speaker 2: People stalked his house, and those who protested his release 451 00:28:55,320 --> 00:29:00,440 Speaker 2: were certain that he would get away with murder. Chisel 452 00:29:00,760 --> 00:29:04,520 Speaker 2: was free, but miserable. He still maintained that it was 453 00:29:04,680 --> 00:29:05,480 Speaker 2: just an accident. 454 00:29:06,360 --> 00:29:09,920 Speaker 8: I mean, I think he's racked with guilt, but whether 455 00:29:10,320 --> 00:29:13,880 Speaker 8: it's entirely guilt for the murder or guilt for what 456 00:29:14,040 --> 00:29:18,240 Speaker 8: he has done to his family's reputation, yeah, I am 457 00:29:18,240 --> 00:29:22,560 Speaker 8: not comfortable separating those strains of guilt. But I think 458 00:29:22,680 --> 00:29:25,520 Speaker 8: they're interconnected, and I don't know which one is stronger. 459 00:29:26,920 --> 00:29:30,440 Speaker 8: And that's one of the really intriguing things about the 460 00:29:30,600 --> 00:29:35,680 Speaker 8: history and getting all the pieces of information that other 461 00:29:35,840 --> 00:29:41,200 Speaker 8: historians may want to say something more definitive than I'm saying, 462 00:29:41,240 --> 00:29:44,120 Speaker 8: but that's, you know, that's interpretation, and that's part of 463 00:29:44,160 --> 00:29:47,880 Speaker 8: why learning about the people, not just the dates, is 464 00:29:47,920 --> 00:29:48,680 Speaker 8: intriguing to me. 465 00:29:52,120 --> 00:29:56,479 Speaker 2: Angry crowds gathered outside Chisel's large home in Williamsburg and 466 00:29:56,520 --> 00:30:00,000 Speaker 2: demanded vengeance. He and his family could hear them outside 467 00:30:00,240 --> 00:30:04,680 Speaker 2: as guards patrolled their property. Historian Robert Weathers says that 468 00:30:04,720 --> 00:30:08,680 Speaker 2: the colonists were compelled to protest they believed that it 469 00:30:08,840 --> 00:30:12,320 Speaker 2: was the only way to force a change with the gentry. 470 00:30:12,680 --> 00:30:15,960 Speaker 5: Precedent needed to be found so the Colonel Chisel could 471 00:30:16,000 --> 00:30:18,760 Speaker 5: be brought out on bail. And you see the dangerous 472 00:30:18,920 --> 00:30:21,840 Speaker 5: slippery slope effect that actually can have, which is part 473 00:30:21,880 --> 00:30:24,160 Speaker 5: of the reason why when you protest against a stamppack, 474 00:30:24,400 --> 00:30:27,280 Speaker 5: you're doing so so that it doesn't set a precedent. 475 00:30:28,040 --> 00:30:31,560 Speaker 2: Nicole Brown is sitting with us during my interview with Weathers. 476 00:30:31,880 --> 00:30:34,400 Speaker 11: And that's also why people get so upset with the 477 00:30:34,480 --> 00:30:37,600 Speaker 11: Chibel Rutledge murder, because if they don't protest it, it 478 00:30:37,600 --> 00:30:41,160 Speaker 11: could become precedent that the elite basically can't be tried 479 00:30:41,200 --> 00:30:41,600 Speaker 11: for murder. 480 00:30:42,600 --> 00:30:46,560 Speaker 2: In the newspapers, the anonymous writer de Kay Pillows described 481 00:30:46,560 --> 00:30:50,920 Speaker 2: the sentiment of most colonists, and it wasn't good. They 482 00:30:51,000 --> 00:30:54,520 Speaker 2: say that one atrocious murder has already been cleared by 483 00:30:54,600 --> 00:30:58,400 Speaker 2: means of great friends, and they are apprehensive that it 484 00:30:58,440 --> 00:31:01,600 Speaker 2: will not be the last Cobrius stain of the kind 485 00:31:01,720 --> 00:31:05,520 Speaker 2: in our colony. In other words, John Chisel was going 486 00:31:05,560 --> 00:31:09,240 Speaker 2: to get away with murder. The anonymous writer also reported 487 00:31:09,280 --> 00:31:12,840 Speaker 2: that a reliable source had confirmed that several witnesses at 488 00:31:12,880 --> 00:31:16,720 Speaker 2: the tavern had been tampered with. The Colonists in Williamsburg 489 00:31:16,880 --> 00:31:20,320 Speaker 2: screamed that the law was being ignored. If one of 490 00:31:20,360 --> 00:31:24,120 Speaker 2: them had murdered someone, they would have been hanged. Yet 491 00:31:24,200 --> 00:31:27,960 Speaker 2: John Chisel was convinced that he would walk free, and 492 00:31:28,160 --> 00:31:31,640 Speaker 2: so was much of the lower class. The writer explained 493 00:31:31,640 --> 00:31:36,400 Speaker 2: in the newspapers, Patriots are alarmed on this occasion. Foreigners 494 00:31:36,480 --> 00:31:39,760 Speaker 2: are alarmed. The middle and lower ranks of men who 495 00:31:39,800 --> 00:31:48,800 Speaker 2: are acquainted with the particulars are extremely alarmed. In Prince 496 00:31:48,840 --> 00:31:52,840 Speaker 2: George County, where Robert Rutledge lived, there was outrage while 497 00:31:52,880 --> 00:31:56,400 Speaker 2: John Chisel sat comfortably at home. Their friend was dead. 498 00:31:56,680 --> 00:32:00,200 Speaker 2: They demanded his blood, an eye for an eye. The 499 00:32:00,240 --> 00:32:03,760 Speaker 2: anonymous author pleaded with them in the newspapers to wait 500 00:32:03,920 --> 00:32:07,680 Speaker 2: until the trial. Reutligi's friends agreed, but they made it 501 00:32:07,760 --> 00:32:10,480 Speaker 2: clear in letters to the paper that they would seek 502 00:32:10,560 --> 00:32:15,640 Speaker 2: revenge if Chisel were acquitted. Robert Rutlige's friends assumed that 503 00:32:15,760 --> 00:32:19,240 Speaker 2: John Chisel was lounging at home with few worries because 504 00:32:19,280 --> 00:32:22,720 Speaker 2: of his powerful friends, but that really wasn't true. John 505 00:32:22,800 --> 00:32:27,000 Speaker 2: Chisel was extremely worried, and he couldn't bear to spend 506 00:32:27,160 --> 00:32:30,680 Speaker 2: the rest of his life in prison. Mobs of people 507 00:32:30,720 --> 00:32:33,840 Speaker 2: in Williamsburg wanted him hanged. One way or the other. 508 00:32:34,200 --> 00:32:36,800 Speaker 2: There would be no police protection, and he and his 509 00:32:36,920 --> 00:32:40,360 Speaker 2: friends would be lynched if they were caught tampering with witnesses. 510 00:32:40,840 --> 00:32:44,400 Speaker 2: But perhaps he might escape the gallows with attorneys who 511 00:32:44,440 --> 00:32:48,840 Speaker 2: could prove it was an accident or self defense. Or 512 00:32:48,920 --> 00:32:53,000 Speaker 2: perhaps John Chisel and his family could simply disappear. It 513 00:32:53,120 --> 00:32:56,280 Speaker 2: was a big new world with limited communication, after all, 514 00:32:56,480 --> 00:33:00,320 Speaker 2: and historian Nel Darby says people vanished all the time 515 00:33:00,480 --> 00:33:04,280 Speaker 2: in the eighteenth century. You know, men who deserted their wives. 516 00:33:04,520 --> 00:33:06,560 Speaker 8: You know they could haply go and disappear and start 517 00:33:06,600 --> 00:33:07,520 Speaker 8: new lives afresh. 518 00:33:08,040 --> 00:33:12,120 Speaker 2: Julie Richter wonders about the expectations of both the gentry 519 00:33:12,200 --> 00:33:15,680 Speaker 2: and the upper class in Virginia. After all, Colonel John 520 00:33:15,760 --> 00:33:20,440 Speaker 2: Chisel was an honorable gentleman. Abandoning his family and leaving 521 00:33:20,520 --> 00:33:22,160 Speaker 2: town would have been disgraceful. 522 00:33:22,960 --> 00:33:27,840 Speaker 8: There may have been a small bit of belief, or 523 00:33:27,880 --> 00:33:32,760 Speaker 8: maybe hope, that he would do the honorable thing, that 524 00:33:32,840 --> 00:33:35,840 Speaker 8: he would go home and then return for his trial, 525 00:33:36,120 --> 00:33:39,760 Speaker 8: being a man who is again supposed to display honor 526 00:33:39,960 --> 00:33:43,440 Speaker 8: in his actions, in his deeds, and in his words. 527 00:33:43,960 --> 00:33:46,920 Speaker 8: And if any of the men who agreed to bail 528 00:33:47,280 --> 00:33:51,600 Speaker 8: did it believing that he would act honorably. Disappointment against 529 00:33:51,600 --> 00:33:53,840 Speaker 8: probably not a strong enough word, but they would have 530 00:33:53,840 --> 00:33:57,400 Speaker 8: felt that he had violated the trust they placed in him. 531 00:34:00,000 --> 00:34:05,560 Speaker 2: Perhaps something completely unplanned, even by him, might happen to 532 00:34:05,640 --> 00:34:10,440 Speaker 2: John Chisel. He was fretful, concerned about jail, about a 533 00:34:10,640 --> 00:34:13,880 Speaker 2: likely guilty verdict, and about the shame he had brought 534 00:34:13,920 --> 00:34:17,359 Speaker 2: on his family, and he was in danger. So on 535 00:34:17,480 --> 00:34:21,200 Speaker 2: June twenty third, seventeen sixty six, Chisel sat down at 536 00:34:21,200 --> 00:34:26,440 Speaker 2: his desk in Williamsburg and picked up a pen. He 537 00:34:26,520 --> 00:34:29,160 Speaker 2: glanced over the paper as he wrote it. It was 538 00:34:29,160 --> 00:34:32,360 Speaker 2: his last will and testament, and it included the most 539 00:34:32,360 --> 00:34:36,080 Speaker 2: important asset in his name, his coveted business, the Lead 540 00:34:36,160 --> 00:34:42,480 Speaker 2: Mining Company. The assets of the mining company included land, carts, wagons, utensils, 541 00:34:42,600 --> 00:34:47,640 Speaker 2: and not surprisingly, enslaved people. Chisel had a minority interest, 542 00:34:47,800 --> 00:34:50,720 Speaker 2: and he was deeply in debt. He owed his partner, 543 00:34:50,719 --> 00:34:54,440 Speaker 2: William Bird the third, thirteen hundred pounds, and he owed 544 00:34:54,480 --> 00:34:58,440 Speaker 2: the estate of John Robinson more than eight thousand pounds. 545 00:35:01,000 --> 00:35:03,520 Speaker 2: As he opened his desk drawer to secure the document, 546 00:35:03,920 --> 00:35:06,839 Speaker 2: he thought carefully about the names of the people who 547 00:35:06,880 --> 00:35:10,800 Speaker 2: had agreed to be his executors, there was Richard Randolph, 548 00:35:10,920 --> 00:35:14,439 Speaker 2: his wife's cousin, who was a wealthy planter. He also 549 00:35:14,560 --> 00:35:18,280 Speaker 2: named Charles Carter, a rich plantation owner who had married 550 00:35:18,280 --> 00:35:21,680 Speaker 2: his daughter Elizabeth. But the final two executors were the 551 00:35:21,719 --> 00:35:26,640 Speaker 2: interesting ones, William Byrd and Presley Thornton. These were two 552 00:35:26,760 --> 00:35:30,200 Speaker 2: of the three justices of the General Court who had 553 00:35:30,239 --> 00:35:35,520 Speaker 2: granted him bail. Now did this mean anything? At best, 554 00:35:35,680 --> 00:35:40,040 Speaker 2: it seemed unethical. Even more importantly, their inclusion in his 555 00:35:40,120 --> 00:35:45,440 Speaker 2: will illustrated the depth of their relationship with Chisel. Historian 556 00:35:45,480 --> 00:35:48,360 Speaker 2: Carson Hudson says that the governor of the Colony of 557 00:35:48,440 --> 00:35:50,440 Speaker 2: Virginia was in a terrible position. 558 00:35:51,040 --> 00:35:52,760 Speaker 6: You know what could the governor and this is another 559 00:35:52,760 --> 00:35:54,640 Speaker 6: person I would have hated to have been with the governor. 560 00:35:54,960 --> 00:35:58,000 Speaker 6: You know what do you do, because if the case 561 00:35:58,080 --> 00:36:01,560 Speaker 6: comes to trial and you find i'm him innocent, you're 562 00:36:01,680 --> 00:36:05,040 Speaker 6: literally going to have riots in the colony. If you 563 00:36:05,120 --> 00:36:08,919 Speaker 6: find him guilty, then that's going to make you and 564 00:36:09,000 --> 00:36:12,400 Speaker 6: all your friends and buddies and all that look really, 565 00:36:12,440 --> 00:36:14,880 Speaker 6: really bad, and that's going to lower the respect that 566 00:36:14,960 --> 00:36:16,440 Speaker 6: the lower classes have of you. 567 00:36:16,960 --> 00:36:21,080 Speaker 3: So by the time we get to October, Colonel Chisel's 568 00:36:21,120 --> 00:36:25,960 Speaker 3: case is supposed to occur on October fifteenth, sixteenth, and 569 00:36:26,600 --> 00:36:29,240 Speaker 3: I cannot imagine the level of stress he was under 570 00:36:29,400 --> 00:36:31,640 Speaker 3: or the level of stress the city was under. I 571 00:36:31,680 --> 00:36:36,600 Speaker 3: can imagine that the tension was palpable and in this muddy, messy, 572 00:36:37,560 --> 00:36:40,840 Speaker 3: icky sort of October in Virginia, because having lived in Virginia, 573 00:36:40,880 --> 00:36:46,200 Speaker 3: October's are sort of bomby sometimes but often still atrociously humid. 574 00:36:47,280 --> 00:36:50,560 Speaker 3: You have this palpable feeling in the air, I would 575 00:36:50,600 --> 00:36:52,680 Speaker 3: imagine of what is going to happen. 576 00:36:53,600 --> 00:36:58,719 Speaker 5: Chisel, no doubt is well aware of the insults he's 577 00:36:58,800 --> 00:37:00,560 Speaker 5: receiving in the new papers. 578 00:37:01,320 --> 00:37:05,359 Speaker 8: So if he knew about financial problems after his son 579 00:37:05,400 --> 00:37:08,440 Speaker 8: in law died, and you find out about the debt 580 00:37:08,960 --> 00:37:12,160 Speaker 8: in addition to your finances, it's sort of like a 581 00:37:12,280 --> 00:37:15,840 Speaker 8: self performance has a lot of little elements and debt 582 00:37:15,960 --> 00:37:19,319 Speaker 8: and not being able to perform as an elite man, 583 00:37:20,000 --> 00:37:23,360 Speaker 8: it's going to be a mental burden, an emotional burden. 584 00:37:27,760 --> 00:37:31,440 Speaker 2: Who would get justice and who else would end up dead? 585 00:37:33,360 --> 00:37:36,120 Speaker 3: We can never really know. But when you look at 586 00:37:36,160 --> 00:37:38,680 Speaker 3: all of these things compounding at the same time, in 587 00:37:38,719 --> 00:37:41,919 Speaker 3: addition to the fact that he's being held accountable for them, 588 00:37:43,239 --> 00:37:45,040 Speaker 3: I think that's where the stressor is. 589 00:37:53,320 --> 00:37:56,839 Speaker 2: On the final episode of this season of tenfold More 590 00:37:56,880 --> 00:38:07,120 Speaker 2: Wicked on exactly right. 591 00:38:03,840 --> 00:38:06,840 Speaker 3: To have a gentleman not just behave this way, but 592 00:38:06,880 --> 00:38:10,160 Speaker 3: then the law bend in his favor is such a 593 00:38:10,280 --> 00:38:12,200 Speaker 3: violation of trust. 594 00:38:13,200 --> 00:38:17,640 Speaker 6: Gentlemen don't do those things, and gentlemen are not found 595 00:38:17,880 --> 00:38:20,560 Speaker 6: guilty of murdering peasants. 596 00:38:20,920 --> 00:38:25,400 Speaker 5: It is hard for me to overstate to you how 597 00:38:25,560 --> 00:38:30,640 Speaker 5: important this individual decision is to the era of the 598 00:38:30,680 --> 00:38:31,480 Speaker 5: American Revolution. 599 00:38:32,400 --> 00:38:35,520 Speaker 4: In some ways, I would liken it to the United 600 00:38:35,520 --> 00:38:38,799 Speaker 4: States in nineteen sixty eight. There are these incidents that 601 00:38:39,120 --> 00:38:42,600 Speaker 4: inspire individuals to protest. 602 00:38:42,719 --> 00:38:45,920 Speaker 3: To jump between what happens with the Stamp Act all 603 00:38:45,960 --> 00:38:50,600 Speaker 3: the way to declaring independence is a chadismic shift. The 604 00:38:50,640 --> 00:38:52,240 Speaker 3: only metaphor I can think of is if you're standing 605 00:38:52,280 --> 00:38:54,960 Speaker 3: between two tectonic plates and they start shifting. 606 00:39:04,840 --> 00:39:08,480 Speaker 2: If you love a good real ghost story, my audiobook 607 00:39:08,520 --> 00:39:11,960 Speaker 2: The Ghost Club is available on Audible now. I can't 608 00:39:11,960 --> 00:39:14,680 Speaker 2: wait to tell you the real story about the world's 609 00:39:14,880 --> 00:39:17,920 Speaker 2: most famous ghost hunter, who was the head of the 610 00:39:17,960 --> 00:39:22,680 Speaker 2: world's most famous ghost club and how he investigated England's 611 00:39:22,840 --> 00:39:26,640 Speaker 2: most famous haunted house. Please also check out my books 612 00:39:26,719 --> 00:39:30,440 Speaker 2: American Sherlock and all that is Wicked. This has been 613 00:39:30,480 --> 00:39:35,240 Speaker 2: an exactly right tenfold more Media production producer Jason Whaling, 614 00:39:35,600 --> 00:39:41,640 Speaker 2: Senior producer Alexis and Morosi, Consulting producer Kyle Ryan, researcher 615 00:39:41,719 --> 00:39:47,240 Speaker 2: Nicole Brown, sound designer Eric Friend, composer Curtis Heath, artwork 616 00:39:47,480 --> 00:39:53,240 Speaker 2: Nick Toga. Executive producers Georgia Hartstark, Karen Kilgarriff and Danielle Kramer. 617 00:39:53,880 --> 00:39:57,360 Speaker 2: Follow us on Instagram and Facebook at tenfold more Wicked 618 00:39:57,600 --> 00:39:59,879 Speaker 2: and on Twitter at tenfold More