WEBVTT - Tenfold More Wicked - Entitled: The Secret Court

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<v Speaker 1>Hold on, here's the kitchen. Yeah, so this is so fascinating.

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<v Speaker 1>Some of it it's really structurally intact, but it's not.

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<v Speaker 1>So that's kind of where we just came from. That

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<v Speaker 1>window in the middle over there takes you to that

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<v Speaker 1>long hallway and then this is the kitchen. So you've

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<v Speaker 1>got the kitchen. You've got another outbuilding that looks like

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<v Speaker 1>it could have been in the eighteenth century, a carriage house, lumber,

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<v Speaker 1>shehd so storage, a dairy based on the ventilation privies in.

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<v Speaker 2>The back.

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<v Speaker 1>A well.

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<v Speaker 3>Historian and interpreter Nicole Brown is given me a tour

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<v Speaker 3>of Colonel John Chisel's home on East Francis Street in Williamsburg.

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<v Speaker 3>There are large bedrooms, many many ornate fireplaces, and several

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<v Speaker 3>outdoor buildings where enslaved people once toiled. Nicole says that

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<v Speaker 3>Chisel's house was the epitome of gentry, wealth and colonial Virginia.

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<v Speaker 1>It's a very large operation. So if you're this wealthy,

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<v Speaker 1>which I mean the Chisels are ultra wealthy, they're going

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<v Speaker 1>to have their own dairy. They're going to have their

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<v Speaker 1>own private wealth. They're going to have, honestly, those two

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<v Speaker 1>privies with the beautiful garden. That's the status symbol, right.

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<v Speaker 1>So all of this, especially now being inside this building

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<v Speaker 1>looks very simple on the exterior, but this screams ultra

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<v Speaker 1>elite gentry, Virginia wealth to me in a very profound

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<v Speaker 1>kind of way.

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<v Speaker 3>Seeing this house gives me historical context for the story.

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<v Speaker 3>Colonel John Chisel must have felt tremendous financial pressure in

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<v Speaker 3>seventeen sixty six to keep up with his family's lifestyle

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<v Speaker 3>their reputation in Williamsburg. I'll quickly summarize where we are

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<v Speaker 3>with this story. Chisel's son in law, John Robinson, had

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<v Speaker 3>recently died, and as his duplicity was revealed, it tarnished

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<v Speaker 3>the Chisel family name. That would have been devastating for

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<v Speaker 3>a member of the gentry in eighteenth century Virginia.

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<v Speaker 1>So the scandal starts to unfold, you know, around May

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<v Speaker 1>people start to say, oh, I think the late speaker

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<v Speaker 1>may have been doing some things in the treasury he

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<v Speaker 1>shouldn't have done.

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<v Speaker 3>Less than one month after John Robinson's death, news of

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<v Speaker 3>his financial scandal was spreading across the colonies and then

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<v Speaker 3>across the Atlantic Ocean to England. The revelations that Robinson

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<v Speaker 3>had loaned hundreds of thousands of pounds to his friends

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<v Speaker 3>had alarmed the gentry, which were the top five percent

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<v Speaker 3>of the population. John Robinson and his cronies had broken

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<v Speaker 3>the trust of the other ninety five percent of the colony.

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<v Speaker 3>And then, because John Chisel was Robinson's primary business partner,

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<v Speaker 3>the scandal had become focused on him, the one who

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<v Speaker 3>had benefited the most from his son in law's fraud.

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<v Speaker 3>So in the summer of seventeen sixty six, John Chisel

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<v Speaker 3>was distraught, but he hoped that perhaps a visit to

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<v Speaker 3>his mines in the country would quell his concerns over money.

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<v Speaker 3>Like most upper class colonists, he was hopelessly in debt

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<v Speaker 3>and the rural mining operation represented promising income. It was

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<v Speaker 3>the afternoon of June third, seventeen sixty six, in western Virginia,

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<v Speaker 3>at a tiny tavern called Moseby's for reference. The tavern

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<v Speaker 3>was originally built as a small one room house by

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<v Speaker 3>Benjamin Moseby in seventeen forty, two decades earlier. He soon

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<v Speaker 3>began using it as a tavern, and when the County

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<v Speaker 3>of Cumberland was formed in seventeen forty nine, the tavern

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<v Speaker 3>served as the County's courthouse. It would later be used

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<v Speaker 3>as a staging area for George Washington's Continental Army during

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<v Speaker 3>the Revolutionary War, but just to be clear, Moseby's tavern

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<v Speaker 3>was small there. John Chisel's jovial conversation with Scottish merchant

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<v Speaker 3>Robert Rutledge had suddenly become tense. Chisel had used some

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<v Speaker 3>obscene language defined as somewhat liberal of oaths in the newspaper,

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<v Speaker 3>and the drunken Ruttledge scolded him for it. When Chisel

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<v Speaker 3>responded irately, Rutledge began to argue back and hiccup. He

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<v Speaker 3>was that intoxicated. John Robinson's descendant, Simon Robinson, reminds us

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<v Speaker 3>of Rutledge's station in life and why insulting Chisel was

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<v Speaker 3>such a mistake. In the seventeen hundreds.

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<v Speaker 4>Robert Rautledge, although he had done very well for himself

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<v Speaker 4>and had land and had done well in trade, he

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<v Speaker 4>wasn't of the right class.

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<v Speaker 5>He wasn't of the ruling class.

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<v Speaker 3>We hear a lot about the honor code, why duels

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<v Speaker 3>were declared, and why so many men died over insults.

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<v Speaker 3>Some of these insults were much more polite than what

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<v Speaker 3>we read on Twitter. By all accounts, Robert Rutledge seemed

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<v Speaker 3>to behave like a gentleman, but he was drinking that afternoon,

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<v Speaker 3>really drinking, and his confrontation with Chisel seemed out of

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<v Speaker 3>the ordinary. But keep this in mind, John Chisel was

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<v Speaker 3>not drinking, or at least not outwardly drunk. So why

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<v Speaker 3>did he react in such a vicious, vile way by

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<v Speaker 3>calling Rutledge a derogatory term for Scottish people. Historian Julie

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<v Speaker 3>Richter says that this was a case of toxic masculinity

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<v Speaker 3>in eighteenth century colonial America.

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<v Speaker 2>Oh yeah, maybe part that it's somebody of a lower

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<v Speaker 2>social level, somebody from Scotland, So you've got that on

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<v Speaker 2>one side. Plus I'm a member of the elite.

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<v Speaker 1>You know.

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<v Speaker 2>I've read through this stuff multiple times again because it's

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<v Speaker 2>just such an interesting intersection of social level identity illinity.

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<v Speaker 3>Here's a reminder of where we are in the story.

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<v Speaker 3>John Chisel had just returned from his minds in western

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<v Speaker 3>Virginia when he stopped at Moseby Tavern for the afternoon.

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<v Speaker 4>Both men were in the tavern and with their respective friends,

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<v Speaker 4>and Chisel was in very high spirits, thinking that a

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<v Speaker 4>mining operation was going to be a solution to some

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<v Speaker 4>of his financial woes. So he was in very high

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<v Speaker 4>spirits but being very loud and rather obnoxious, and this

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<v Speaker 4>didn't go down well with rather drunk Robert Ratlich, who

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<v Speaker 4>effectively said, do you think you could tone down your language?

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<v Speaker 5>It's not befitting of this establishment.

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<v Speaker 3>Colonel Chisel swung around and glared at Rutledge. His entire

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<v Speaker 3>personality changed, anger flashed in his eyes.

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<v Speaker 4>This, of course, was a red rag to John Chisel,

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<v Speaker 4>how dare you speak to me in this way? You're

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<v Speaker 4>a ghastly Scott and you're from a lowly stock. You

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<v Speaker 4>know you're not an aristocrat as i am, and you

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<v Speaker 4>may not speak to me in that way. This, of course,

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<v Speaker 4>with two men who had been drinking, escalated and drink

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<v Speaker 4>was thrown at each other. Chisel then followed it with

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<v Speaker 4>some fire tongs and a candlestick. Robert Routledge got hold

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<v Speaker 4>of a chair, possibly to defend himself. You could argue,

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<v Speaker 4>if there's candlesticks and firetongs coming at you.

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<v Speaker 3>Chisel screamed for the enslaved person who came with him

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<v Speaker 3>to retrieve a weapon from another room.

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<v Speaker 4>Chisel ordered his slave boy to get his sword. He

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<v Speaker 4>threatened death on the boy if he didn't obey his command.

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<v Speaker 4>I mean, it's difficult to understand that today this had

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<v Speaker 4>may have been an everyday occurrence.

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<v Speaker 5>But boy returned with the sword.

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<v Speaker 3>Rutledge was so intoxicated he needed the help of his

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<v Speaker 3>friend Joseph Carrington to drag him along towards the back door.

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<v Speaker 3>Carrington had the keys, but he fumbled with them as

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<v Speaker 3>he tried to unlock the door. To escape, Chisel charged

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<v Speaker 3>toward the table that separated them. The other men in

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<v Speaker 3>the tavern squinted in the hazy, smoky light from the candles.

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<v Speaker 3>They tried to stay out of the way, but there

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<v Speaker 3>was no place to go. The gentleman in the room

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<v Speaker 3>must have assumed that Chisel would just continue yelling that

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<v Speaker 3>eventually he would calm himself. That's not what happened.

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<v Speaker 1>So a lot of the other men in this room,

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<v Speaker 1>they don't assume that the sword's going to come out,

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<v Speaker 1>because the sword is in that other room that he

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<v Speaker 1>and Rutlige were supposedly supposed to be sharing. It's a

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<v Speaker 1>separate house, is what they say. But he threatens this

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<v Speaker 1>man servant so badly that he goes to get the sword,

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<v Speaker 1>and he brings it into the tavern room. Colonel Chisel

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<v Speaker 1>comes back out and says, get Robert Rutledge out of

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<v Speaker 1>this room.

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<v Speaker 3>Seething as Carrington struggled with the keys, Chisel baited Rutledge

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<v Speaker 3>by repeating the phrase Presbyterian fellow. Rutledge couldn't stop himself.

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<v Speaker 3>He smirked and replied that he was just as much

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<v Speaker 3>a gentleman as Chisel. Chisel became even more enraged at

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<v Speaker 3>this last insult. He screamed and gripped the sword. This

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<v Speaker 3>was the wrong thing for a Scottish merchant to say

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<v Speaker 3>to a member of the gentry that was certainly crossing

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<v Speaker 3>a line. Rutledge was so drunk that he didn't seem

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<v Speaker 3>to realize that he was in danger. He stepped toward

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<v Speaker 3>Chisel as Carrington desperately tried to draw him backward. The

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<v Speaker 3>colonel stood with the unsheathed sword in his hand.

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<v Speaker 1>It's probably a pretty long sword, you know. We're not

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<v Speaker 1>talking about a knife, we're not talking about a switchblade.

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<v Speaker 1>We're talking about something that might be a foot two

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<v Speaker 1>feet long. Right. It's a big, heavy object, and the

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<v Speaker 1>point of that kind of sword is that it's meant

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<v Speaker 1>to do damage.

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<v Speaker 3>The men in the tavern looked alarmed as the smoke thickened.

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<v Speaker 3>Some even left.

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<v Speaker 1>There's a scuffle. There's an altercation, you can see from

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<v Speaker 1>the diagram. They move from place to place around the room,

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<v Speaker 1>until eventually you have Colonel Chissel on one side of

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<v Speaker 1>a table, Robert Rutledge on the other.

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<v Speaker 3>Nicole just mentioned a diagram. She's talking about, an artist

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<v Speaker 3>rendering that someone drew of the crime scene, one that

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<v Speaker 3>was later printed in the newspaper. It actually became the

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<v Speaker 3>first crime scene diagram ever publicly published, the blueprint for

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<v Speaker 3>a document that is now staple in so many criminal cases.

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<v Speaker 3>Now the other men in the tavern became more involved

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<v Speaker 3>and tried to de escalate the whole thing.

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<v Speaker 1>Colonel Chisel is apparently being held back by both Moseby men,

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<v Speaker 1>and Robert Rutledge is being held back by a man

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<v Speaker 1>named Carrington, and a man named Swan is pushing him back.

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<v Speaker 3>The men stood across each other with a table in between,

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<v Speaker 3>with Chisels still bellowing insults at the Scottish merchant. They

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<v Speaker 3>were yelling just six feet away from each other. Colonel

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<v Speaker 3>Chisel was livid by this time, no one could stop him,

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<v Speaker 3>not even two large strong men. His hand tightened on

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<v Speaker 3>the grip of the sword. It was a weapon used

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<v Speaker 3>regularly by men in the gentry for protection while on

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<v Speaker 3>the road.

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<v Speaker 4>There was a bit of a dance around the tavern

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<v Speaker 4>with lots of words exchanged, people trying to intervene to

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<v Speaker 4>say calm down, calm down. And the final act happened

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<v Speaker 4>over a table where Chisel raised his sword and.

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<v Speaker 3>Then as Chisel's friend Samuel Swan stood in between the men,

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<v Speaker 3>Chisel lunged.

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<v Speaker 1>Forward and at this point Colonel Chisel's sword goes through

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<v Speaker 1>Swan's coat and into Reutledge's heart. He slumps down onto

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<v Speaker 1>Carrington and then down onto the floor.

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<v Speaker 6>His coat is pierced by the as it goes into

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<v Speaker 6>Robert Rutledge's heart. Robert Rutledge apparently goes immediately silent, is

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<v Speaker 6>caught by a man I think his name is Campbell

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<v Speaker 6>or something along those lines.

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<v Speaker 3>With just one thrust, Robert Rutledge was dead, slumped in

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<v Speaker 3>Joseph Carrington's arms. A man grabbed John Chisel from behind,

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<v Speaker 3>but it was too late for Robert Rutledge. Chisel pulled

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<v Speaker 3>the sword from Rutlige's body as the Scotsman gasped for breath.

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<v Speaker 6>And he dies right there in front of John Chisel,

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<v Speaker 6>who apparently shows absolutely, positively zero remorse. He says something

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<v Speaker 6>to the effect of I aimed at his heart and

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<v Speaker 6>I hit it well.

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<v Speaker 3>First, Chisel said, he is dead, and I killed him.

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<v Speaker 3>The witnesses in the tavern reported that Rutledge died on

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<v Speaker 3>the spot, but that seems unlikely. A stab wound to

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<v Speaker 3>the heart would likely cause excessive bleeding and he would

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<v Speaker 3>have bled out at least That's what Paul Holes told me.

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<v Speaker 3>This was likely a very painful death for Robert Rutledge.

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<v Speaker 3>Witnesses say that Chisel looked at Samuel Swan. The men

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<v Speaker 3>had once been colleagues in the House of Burgesses. Swan

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<v Speaker 3>was also a member of the gentry, a gentleman like Chisel.

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<v Speaker 3>Chisel squinted at the hole in Swan's wool jacket.

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<v Speaker 1>He doesn't ask at all ever about Robert Utledge, but

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<v Speaker 1>he does ask Swan about his coat. You know, is

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<v Speaker 1>your coat fine? It was not.

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<v Speaker 7>He could not be more connected to the powers that be,

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<v Speaker 7>to the establishment, and when he just casually murders this

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<v Speaker 7>man and he doesn't express any concern for Rutledge. Instead,

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<v Speaker 7>he asks if mister Swan was okay the sword went

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<v Speaker 7>through mister Swan's coat, did I injure him?

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<v Speaker 3>Chisel thought so little of the Scottish merchant that his

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<v Speaker 3>life was easily discarded by the gentry. That was the

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<v Speaker 3>message telegraphed inside the tavern that day in seventeen sixty six.

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<v Speaker 3>The room was quiet. Chisel seemed more concerned about the

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<v Speaker 3>coat of a member of the gentry than he was

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<v Speaker 3>about a man dead on the floor of the tavern.

0:14:17.880 --> 0:14:20.640
<v Speaker 3>Chisel looked over at the enslaved person who had come

0:14:20.680 --> 0:14:23.600
<v Speaker 3>along on the trip, the one who had retrieved his sword,

0:14:23.720 --> 0:14:26.480
<v Speaker 3>and certainly must have been traumatized by all of this.

0:14:27.280 --> 0:14:30.880
<v Speaker 3>Chisel calmly and deliberately ordered him to take the sword,

0:14:31.120 --> 0:14:34.160
<v Speaker 3>dripping in blood, to another room. He told him to

0:14:34.200 --> 0:14:37.360
<v Speaker 3>clean it carefully and rub it well with tallow, which

0:14:37.440 --> 0:14:40.720
<v Speaker 3>was beef or mutton fat. Chisel was concerned that it

0:14:40.800 --> 0:14:44.880
<v Speaker 3>might rust. Then, while the body of Robert Rutledge lay

0:14:44.920 --> 0:14:49.960
<v Speaker 3>on the floor, Chisel did something extraordinary and frankly disgusting.

0:14:50.360 --> 0:14:52.840
<v Speaker 3>He ordered the tavern workers to make him a drink,

0:14:53.200 --> 0:14:54.320
<v Speaker 3>a big drink.

0:14:55.680 --> 0:14:58.800
<v Speaker 6>He sits and orders a bowl of punch, even though

0:14:58.840 --> 0:15:01.520
<v Speaker 6>there's a man whom he he has just outright murdered

0:15:01.560 --> 0:15:02.400
<v Speaker 6>laying on the floor.

0:15:02.880 --> 0:15:06.280
<v Speaker 8>Rutledge was drinking, but Chisel did not have a drink

0:15:06.400 --> 0:15:10.080
<v Speaker 8>until after the stabbing, at which time he calls for

0:15:10.120 --> 0:15:13.360
<v Speaker 8>a bowl of punch to calm his nerves.

0:15:13.880 --> 0:15:16.800
<v Speaker 3>I'm not sure if Chisel's nerves were frayed, but who knows.

0:15:17.240 --> 0:15:21.120
<v Speaker 3>He didn't seem contrite over any of this. He sat

0:15:21.160 --> 0:15:23.760
<v Speaker 3>on the floor of the tavern close to Rutledge's body,

0:15:23.920 --> 0:15:28.320
<v Speaker 3>drinking cupfuls of punch. He continued to bellow insults at Rutledge.

0:15:28.600 --> 0:15:32.480
<v Speaker 3>Chisel screamed, he deserves his fate. Damn him. I aimed

0:15:32.520 --> 0:15:34.160
<v Speaker 3>at his heart and I have hit it.

0:15:34.760 --> 0:15:38.160
<v Speaker 6>Anyways, He's sitting there and he continues, even though Rutledge

0:15:38.240 --> 0:15:42.320
<v Speaker 6>is literally dead on the floor, to hurl insults at

0:15:42.360 --> 0:15:46.120
<v Speaker 6>the man whom, prior to this evening everyone would have

0:15:46.120 --> 0:15:48.680
<v Speaker 6>thought was his friend. But you know, this man whom

0:15:48.720 --> 0:15:50.400
<v Speaker 6>he knew and cared for.

0:15:51.040 --> 0:15:55.880
<v Speaker 7>And at no point do any of the primary documentation

0:15:55.960 --> 0:15:59.880
<v Speaker 7>that survives indicate that he showed any concern for his

0:16:00.080 --> 0:16:03.560
<v Speaker 7>firstwhile friend, Robert Rutledge. They had known each other, they

0:16:03.640 --> 0:16:07.480
<v Speaker 7>had been friends previously. So just the kind of casual

0:16:07.640 --> 0:16:10.080
<v Speaker 7>murder of this individual.

0:16:11.240 --> 0:16:14.440
<v Speaker 3>Oh well, none of the men tried to move either

0:16:14.520 --> 0:16:17.720
<v Speaker 3>man for quite a while, but each witness noted where

0:16:17.760 --> 0:16:20.200
<v Speaker 3>they were and what they saw in the moment.

0:16:20.560 --> 0:16:23.000
<v Speaker 1>Nobody takes him out of the room. They eventually removed

0:16:23.080 --> 0:16:28.560
<v Speaker 1>Robert Rutlich's dead, bleeding body from the room.

0:16:28.960 --> 0:16:32.200
<v Speaker 3>So imagine this a room full of witnesses who just

0:16:32.400 --> 0:16:36.280
<v Speaker 3>watched a man murder another man over angry words. The

0:16:36.360 --> 0:16:40.320
<v Speaker 3>killer is sitting on the floor rapidly becoming intoxicated, and

0:16:40.400 --> 0:16:43.680
<v Speaker 3>no one is doing anything about it. Where is the law?

0:16:44.280 --> 0:16:48.000
<v Speaker 3>Why isn't anyone coming to arrest John Chisel for murder?

0:16:48.840 --> 0:16:51.440
<v Speaker 3>That's one of the controversies around this story.

0:16:52.400 --> 0:16:57.240
<v Speaker 6>I cannot help but believe that he was entirely confident

0:16:57.840 --> 0:17:02.520
<v Speaker 6>when he murdered Robert Rutledge that he would pay no

0:17:02.640 --> 0:17:06.159
<v Speaker 6>price for it, or at the very most, that he

0:17:06.280 --> 0:17:07.920
<v Speaker 6>might be charged with manslaughter.

0:17:08.240 --> 0:17:10.520
<v Speaker 3>Nobody him right now.

0:17:10.920 --> 0:17:13.399
<v Speaker 6>No, So you know in the period here, it's going

0:17:13.480 --> 0:17:16.199
<v Speaker 6>to be a magistrate who detains him anyway. So I

0:17:16.240 --> 0:17:19.280
<v Speaker 6>don't recall there being any mention of a magistrate being present.

0:17:19.960 --> 0:17:23.120
<v Speaker 6>You as a as a free citizen, can arrest someone.

0:17:23.960 --> 0:17:27.199
<v Speaker 6>This is where we get the modern misinterpretation of what

0:17:27.200 --> 0:17:31.479
<v Speaker 6>a citizen's arrest actually is. But you can, as a

0:17:31.520 --> 0:17:35.600
<v Speaker 6>free citizen of Virginia lay your hands on someone. That's

0:17:35.640 --> 0:17:37.879
<v Speaker 6>literally what an arrest is, to lay your hands on

0:17:37.920 --> 0:17:41.120
<v Speaker 6>someone to detain them. But he's not going anywhere. It's

0:17:41.160 --> 0:17:42.720
<v Speaker 6>pretty clear he intends to stay.

0:17:44.040 --> 0:17:47.480
<v Speaker 3>Eventually, John Chisel would sober up, and when he did,

0:17:47.960 --> 0:17:51.560
<v Speaker 3>what would he say happen that day? Would he feel remorse?

0:17:51.960 --> 0:17:55.679
<v Speaker 3>Would he admit that he attacked an unarmed man in

0:17:55.720 --> 0:17:59.200
<v Speaker 3>a room full of witnesses? Would he acknowledge that Robert

0:17:59.280 --> 0:18:05.760
<v Speaker 3>Rutledge was innocent, an unwitting victim, and a terrible tragedy? Somehow,

0:18:05.800 --> 0:18:14.400
<v Speaker 3>I doubt it. Other patrons in the tavern had already

0:18:14.400 --> 0:18:18.120
<v Speaker 3>begun recounting their own versions of the story. Remember this

0:18:18.280 --> 0:18:21.639
<v Speaker 3>was a very small room with many witnesses, but a

0:18:21.680 --> 0:18:24.879
<v Speaker 3>lot of those people had been drinking for hours, and

0:18:24.960 --> 0:18:27.120
<v Speaker 3>it might have been difficult for them to even make

0:18:27.200 --> 0:18:30.320
<v Speaker 3>sense of what they had seen. There was smoke billowing

0:18:30.359 --> 0:18:33.480
<v Speaker 3>from the fireplace, the light was dim because the room

0:18:33.560 --> 0:18:37.000
<v Speaker 3>was filled with candles. These were not good circumstances for

0:18:37.080 --> 0:18:38.080
<v Speaker 3>witnessing a murder.

0:18:38.480 --> 0:18:40.560
<v Speaker 8>Basically, if you go back to the scene of the

0:18:40.560 --> 0:18:43.480
<v Speaker 8>crime and we've done this, put all the people in

0:18:43.520 --> 0:18:45.960
<v Speaker 8>the room, put them where they were supposed to be

0:18:46.040 --> 0:18:49.800
<v Speaker 8>at certain times. Plus the lack of light with candlelight,

0:18:50.320 --> 0:18:55.080
<v Speaker 8>and at the moment that the sword actually pierces his heart,

0:18:55.560 --> 0:18:56.680
<v Speaker 8>anything could have happened.

0:18:57.280 --> 0:19:01.399
<v Speaker 3>Gisel's friends were already building a case a very specific

0:19:01.680 --> 0:19:04.240
<v Speaker 3>kind of defense. Self defense.

0:19:05.119 --> 0:19:07.399
<v Speaker 1>People sometimes try to excuse his behavior, saying, well, he

0:19:07.560 --> 0:19:10.040
<v Speaker 1>wasn't drunk. Other people try to say, well, well, we

0:19:10.040 --> 0:19:13.320
<v Speaker 1>don't know, but he's picking up every heavy object he

0:19:13.359 --> 0:19:17.280
<v Speaker 1>can find in this room to inflict damage. And I'm

0:19:17.320 --> 0:19:19.840
<v Speaker 1>sure I don't have to tell you anything. As I

0:19:19.840 --> 0:19:22.200
<v Speaker 1>think I've heard Paul Huls say before, anything can be

0:19:22.240 --> 0:19:26.040
<v Speaker 1>a weapon if used with proper force and intent. You

0:19:26.080 --> 0:19:28.720
<v Speaker 1>can make a candlestick a weapon. So now he's picked

0:19:28.760 --> 0:19:33.679
<v Speaker 1>this very sharp object, this very big, heavy object, that

0:19:33.840 --> 0:19:35.800
<v Speaker 1>is going to be his weapon.

0:19:36.960 --> 0:19:39.560
<v Speaker 3>But then there's the matter of where the weapon struck

0:19:39.600 --> 0:19:40.360
<v Speaker 3>the victim.

0:19:40.560 --> 0:19:43.680
<v Speaker 8>Yeah, he was stabbed, it was a deliberate stabbing.

0:19:43.760 --> 0:19:43.840
<v Speaker 9>You.

0:19:44.480 --> 0:19:47.879
<v Speaker 8>He did not fall into the sword. There are people

0:19:47.880 --> 0:19:50.520
<v Speaker 8>who say that they saw Chisel lunge. There are people

0:19:50.560 --> 0:19:53.439
<v Speaker 8>who say that he didn't lunge, that he was holding

0:19:53.480 --> 0:19:56.840
<v Speaker 8>his sword out. Another thing that people don't consider is

0:19:56.840 --> 0:19:59.880
<v Speaker 8>again the size of the room. The table over which

0:20:00.080 --> 0:20:03.159
<v Speaker 8>these guys are arguing are just three feet five and

0:20:03.160 --> 0:20:06.760
<v Speaker 8>a half inches, you know, take a yard The sword

0:20:06.920 --> 0:20:09.360
<v Speaker 8>was two and a half or three feet, I mean

0:20:09.400 --> 0:20:10.280
<v Speaker 8>the yardstick.

0:20:11.600 --> 0:20:14.840
<v Speaker 3>Eventually, John Chisel's friends, some of those in the tavern,

0:20:15.000 --> 0:20:19.320
<v Speaker 3>would offer the law this story. Chisel did snidely call

0:20:19.440 --> 0:20:23.960
<v Speaker 3>Robert Rutledge a Presbyterian fellow, which was an insult. Ruttledge

0:20:23.960 --> 0:20:28.760
<v Speaker 3>swung around, startling Chisel. Yes, Chisel was still holding the sword,

0:20:29.119 --> 0:20:32.080
<v Speaker 3>but then he felt threatened and he lowered the point

0:20:32.119 --> 0:20:35.160
<v Speaker 3>of his weapon and then held it without lunging forward.

0:20:35.800 --> 0:20:39.520
<v Speaker 3>Ruttledge was the one who had moved forward toward Chisel.

0:20:40.200 --> 0:20:44.200
<v Speaker 3>Because the Scottish merchant was drunk, he accidentally fell onto

0:20:44.240 --> 0:20:48.119
<v Speaker 3>the sword. It went through his heart and Chisel felt it.

0:20:49.000 --> 0:20:51.760
<v Speaker 3>He pulled out the sword and realized what had happened.

0:20:52.080 --> 0:20:55.560
<v Speaker 3>Chisel then told witnesses to take away Rutledge. It had

0:20:55.680 --> 0:20:59.680
<v Speaker 3>all been a horrible mistake. Chisel had not attacked Rutledge.

0:21:00.160 --> 0:21:04.080
<v Speaker 3>Rutledge had attacked him, and he had caused his own death.

0:21:04.440 --> 0:21:07.400
<v Speaker 3>It was self defense, but it was also an accident.

0:21:08.240 --> 0:21:12.840
<v Speaker 3>Chisel's friends admitted that Chisel had been extremely angry. If

0:21:12.920 --> 0:21:16.960
<v Speaker 3>Robert Rutledge had not verbally abused Chisel, they said, then

0:21:17.000 --> 0:21:20.480
<v Speaker 3>none of this would have happened. They were blaming the victim,

0:21:20.720 --> 0:21:24.640
<v Speaker 3>which happens with both female and male victims. It's hard

0:21:24.680 --> 0:21:27.639
<v Speaker 3>to believe that this would be a valid defense, but

0:21:27.760 --> 0:21:32.440
<v Speaker 3>it was. This seems like an extraordinary amount of anger,

0:21:32.600 --> 0:21:34.840
<v Speaker 3>even for a simple insult, right.

0:21:35.080 --> 0:21:39.439
<v Speaker 1>And it's interesting because the first anonymous article published in

0:21:39.480 --> 0:21:44.400
<v Speaker 1>the Gazette on July eighteenth, actually says that I'm paraphrasing here,

0:21:44.440 --> 0:21:47.680
<v Speaker 1>but essentially says, you know, while this is an insult,

0:21:47.880 --> 0:21:49.879
<v Speaker 1>you usually would let it go if it were a

0:21:49.920 --> 0:21:53.040
<v Speaker 1>friend or someone who's extremely intoxicated, of which Robert Bruttledge

0:21:53.040 --> 0:21:58.800
<v Speaker 1>apparently was both. Does this speak to Colonel Chisel's personality maybe?

0:21:59.400 --> 0:22:02.640
<v Speaker 1>Does it also speak to the idea of how important

0:22:02.720 --> 0:22:07.240
<v Speaker 1>status is and having people stay in their place? I

0:22:07.280 --> 0:22:07.600
<v Speaker 1>think so.

0:22:08.560 --> 0:22:12.199
<v Speaker 3>And here's what's complicated about this case. According to the

0:22:12.280 --> 0:22:15.359
<v Speaker 3>law and the Colony of Virginia, self defense could work

0:22:15.440 --> 0:22:20.080
<v Speaker 3>as a legal justification because technically Robert Rutledge threw the

0:22:20.119 --> 0:22:25.680
<v Speaker 3>first punch. He was technically the instigator, not John Chisel Rutledge.

0:22:25.840 --> 0:22:27.359
<v Speaker 6>By the letter of the law, he is the first

0:22:27.359 --> 0:22:31.320
<v Speaker 6>person to assault someone because he throws wine from his

0:22:31.440 --> 0:22:34.399
<v Speaker 6>glass onto Colonel Chisel. And according to the newspaper, I

0:22:34.440 --> 0:22:37.760
<v Speaker 6>think this is a quote some small part did land

0:22:37.800 --> 0:22:44.320
<v Speaker 6>on him, at least to some small part is which

0:22:44.480 --> 0:22:48.280
<v Speaker 6>I read and laughed. But Colonel Chisel returns the favor

0:22:48.320 --> 0:22:52.439
<v Speaker 6>by throwing a bowl of punch at mister Rutledge, and

0:22:52.480 --> 0:22:54.840
<v Speaker 6>then the two continue with their insults. So this is

0:22:54.880 --> 0:22:58.040
<v Speaker 6>a duel. I suppose it's a duel in the same

0:22:58.080 --> 0:23:02.239
<v Speaker 6>way that someone might spit at someone else and that

0:23:02.280 --> 0:23:05.080
<v Speaker 6>person shoots them. Right. If it is a duel, it

0:23:05.160 --> 0:23:06.680
<v Speaker 6>is certainly an ill matched to duel.

0:23:08.560 --> 0:23:12.760
<v Speaker 3>As the story spread, the situation didn't strike most colonists

0:23:12.880 --> 0:23:16.760
<v Speaker 3>as self defense. Colonel Chisel was clearly the aggressor, and

0:23:16.840 --> 0:23:22.320
<v Speaker 3>Robert Rutledge was unarmed. This, said most colonists, was murder.

0:23:23.640 --> 0:23:26.600
<v Speaker 3>The people in the tavern that afternoon all declared it,

0:23:27.000 --> 0:23:30.240
<v Speaker 3>and they told the newspapers that John Chisel had stabbed

0:23:30.280 --> 0:23:34.520
<v Speaker 3>a local merchant. This case should have been easy to prosecute.

0:23:35.560 --> 0:23:40.520
<v Speaker 6>In theory, there is no case more open and shut

0:23:40.880 --> 0:23:46.400
<v Speaker 6>than this. There are multiple witnesses, they're all of good character.

0:23:46.680 --> 0:23:49.680
<v Speaker 6>The one person in the newspaper who is recorded as

0:23:49.800 --> 0:23:53.440
<v Speaker 6>countering what anybody says is a person who is known

0:23:53.480 --> 0:23:56.800
<v Speaker 6>to be of ill character and offers several versions depending

0:23:56.840 --> 0:23:59.200
<v Speaker 6>on who's listening to him at any time.

0:24:00.000 --> 0:24:02.720
<v Speaker 3>So the gentry in the Thirteen Colonies, it was not

0:24:03.000 --> 0:24:06.439
<v Speaker 3>open and shut. After all, being accused of murder was

0:24:06.520 --> 0:24:09.760
<v Speaker 3>scandalous and certainly not befitting of a member of the

0:24:09.840 --> 0:24:10.760
<v Speaker 3>higher class.

0:24:11.080 --> 0:24:14.080
<v Speaker 7>I don't understand why you're holding the accountable for this.

0:24:14.800 --> 0:24:18.960
<v Speaker 7>It seems to be Chisel's reaction to it. And I

0:24:18.960 --> 0:24:24.440
<v Speaker 7>think that kind of casual response to life of individuals

0:24:24.440 --> 0:24:27.600
<v Speaker 7>in the lower sorts, or at least stations in society

0:24:27.640 --> 0:24:29.879
<v Speaker 7>below yours, is pervasive.

0:24:30.359 --> 0:24:33.720
<v Speaker 3>And because that attitude was so pervasive among the elites,

0:24:34.160 --> 0:24:38.320
<v Speaker 3>something else began to happen organically. Some of them changed

0:24:38.400 --> 0:24:42.200
<v Speaker 3>their stories. The witnesses in the tavern began to side

0:24:42.320 --> 0:24:45.960
<v Speaker 3>with their own social class. Remember that on that day

0:24:46.080 --> 0:24:48.720
<v Speaker 3>the tavern had been filled with a mix of classes,

0:24:48.920 --> 0:24:53.080
<v Speaker 3>gentry people as well as merchants and servants and enslaved people.

0:24:53.720 --> 0:24:57.280
<v Speaker 3>Friends of Robert Rutledge claimed that John Chisel was the aggressor,

0:24:57.720 --> 0:25:00.600
<v Speaker 3>but the friends of Chisel said it was an accident.

0:25:01.440 --> 0:25:04.760
<v Speaker 8>It comes down to in the room. Those people who

0:25:04.840 --> 0:25:09.080
<v Speaker 8>again liked Rutledge or are on Rutledge's side, they have

0:25:09.320 --> 0:25:11.920
<v Speaker 8>one view, and the people who are on Chissel's side,

0:25:11.960 --> 0:25:13.000
<v Speaker 8>they have another view.

0:25:13.880 --> 0:25:16.600
<v Speaker 6>The expectation if you are born into a certain station

0:25:16.720 --> 0:25:19.800
<v Speaker 6>is that you will serve in the ruling class of Virginia.

0:25:20.200 --> 0:25:24.080
<v Speaker 6>And I'm speaking specifically of the gentry station. If you

0:25:24.119 --> 0:25:27.120
<v Speaker 6>are a gentryman, especially if you are a first son,

0:25:27.160 --> 0:25:29.879
<v Speaker 6>if you are a property holder, it is your duty

0:25:30.440 --> 0:25:33.800
<v Speaker 6>to serve the people in your jurisdiction, and perhaps that

0:25:33.840 --> 0:25:36.800
<v Speaker 6>includes all of Virginia.

0:25:36.960 --> 0:25:39.920
<v Speaker 3>And John Chisel was a former lawmaker in the House

0:25:39.960 --> 0:25:41.280
<v Speaker 3>of Burgesses.

0:25:42.480 --> 0:25:45.240
<v Speaker 6>As a burgess, as if you're high enough in station,

0:25:45.320 --> 0:25:50.040
<v Speaker 6>as a councilman, as a magistrate, as an alderman, whatever

0:25:50.200 --> 0:25:56.320
<v Speaker 6>you know, vestryman, there you go, and well, here is

0:25:56.359 --> 0:25:59.080
<v Speaker 6>an example of somebody who is the highest in Virginia

0:25:59.160 --> 0:26:04.400
<v Speaker 6>society behaving rather badly. And it gets a lot.

0:26:04.240 --> 0:26:31.040
<v Speaker 3>Worse, That's right, it does get so much worse. As

0:26:31.119 --> 0:26:33.840
<v Speaker 3>news about the murder began to spread, much of the

0:26:33.880 --> 0:26:39.040
<v Speaker 3>public became incensed. The papers described Chisel's nonchalant reaction to

0:26:39.080 --> 0:26:43.440
<v Speaker 3>the stabbing. They detailed his abusive rantings toward the Scottish merchant.

0:26:43.920 --> 0:26:48.000
<v Speaker 3>The reporters concluded by declaring that John Chisel sat on

0:26:48.080 --> 0:26:52.120
<v Speaker 3>the floor of the tavern near Rutlich's body and got drunk.

0:26:53.200 --> 0:26:57.280
<v Speaker 3>Members of the elite seemed to gravitate toward Chisel's explanation,

0:26:57.640 --> 0:27:00.600
<v Speaker 3>but Simon Robinson says that the ninety five percent of

0:27:00.640 --> 0:27:04.240
<v Speaker 3>the colonists who weren't gentry were outraged.

0:27:05.000 --> 0:27:08.680
<v Speaker 4>The main altercation that led to the murder was a

0:27:08.720 --> 0:27:10.800
<v Speaker 4>man of lower class spoke to me in a way

0:27:10.840 --> 0:27:15.280
<v Speaker 4>he shouldn't have done. Now, when that is being read

0:27:15.440 --> 0:27:19.320
<v Speaker 4>by the general populace in the newspapers, I mean that

0:27:19.400 --> 0:27:23.639
<v Speaker 4>must have been enraging to read that. Then to see

0:27:23.680 --> 0:27:27.280
<v Speaker 4>that the families were intertwined, the Chisels and the Robinson's.

0:27:27.960 --> 0:27:31.560
<v Speaker 3>First John Robinson had stolen hundreds of thousands of pounds

0:27:31.600 --> 0:27:35.520
<v Speaker 3>from the colony. This had drilled Virginia further into debt,

0:27:36.040 --> 0:27:39.240
<v Speaker 3>and then his father in law had murdered a member

0:27:39.280 --> 0:27:42.960
<v Speaker 3>of the lower class and assumed he would face no consequences.

0:27:43.680 --> 0:27:44.639
<v Speaker 3>It wasn't a good look.

0:27:45.280 --> 0:27:50.040
<v Speaker 4>The financial scandal was blowing up, looking after his own,

0:27:50.119 --> 0:27:54.439
<v Speaker 4>looking after his friends, looking after other rich people, and

0:27:54.480 --> 0:27:58.960
<v Speaker 4>as you say, linking that in with taxes that were

0:27:59.080 --> 0:28:03.040
<v Speaker 4>hurting or people. I think it was part of a

0:28:03.200 --> 0:28:08.880
<v Speaker 4>process which made the general public feel that these people

0:28:08.920 --> 0:28:10.119
<v Speaker 4>are not fit to governess.

0:28:10.400 --> 0:28:11.480
<v Speaker 5>We need change.

0:28:11.960 --> 0:28:15.080
<v Speaker 3>Nicole Brown says that this hadn't been the first time

0:28:15.200 --> 0:28:17.920
<v Speaker 3>that a member of the gentry had insulted or even

0:28:18.000 --> 0:28:21.680
<v Speaker 3>killed a white working class person. I make that distinction

0:28:21.800 --> 0:28:26.800
<v Speaker 3>because while enslaved people were certainly murdered, they weren't considered people.

0:28:27.640 --> 0:28:31.440
<v Speaker 3>But this murder felt different because of Chisel's reaction.

0:28:32.480 --> 0:28:35.800
<v Speaker 1>It's not to say that the ultra elite have not

0:28:36.000 --> 0:28:41.160
<v Speaker 1>commit crimes prior to this point, or used their privilege

0:28:41.280 --> 0:28:45.040
<v Speaker 1>or their nepotism to get what they want done in

0:28:45.080 --> 0:28:48.040
<v Speaker 1>the colony of Virginia. It's that I think he genuinely

0:28:48.080 --> 0:28:49.880
<v Speaker 1>didn't think he was going to be held accountable for it.

0:28:50.320 --> 0:28:54.240
<v Speaker 6>Virginia exists in a government system that relies on people

0:28:54.320 --> 0:28:58.880
<v Speaker 6>of a certain station behaving to a certain level of quality.

0:29:03.240 --> 0:29:06.560
<v Speaker 3>There had been miscarriages of justice before this case, and

0:29:06.680 --> 0:29:10.440
<v Speaker 3>there would be after. Two of the most famous men

0:29:10.480 --> 0:29:14.400
<v Speaker 3>in colonial America were killed in separate incidents, and their

0:29:14.480 --> 0:29:18.719
<v Speaker 3>killers were both privileged. Both got away with murder because

0:29:18.760 --> 0:29:23.880
<v Speaker 3>of their status in life. John Chisel's wife's family, the Randolphs,

0:29:24.080 --> 0:29:27.360
<v Speaker 3>had been embroiled in countless scandals. One of the most

0:29:27.440 --> 0:29:31.280
<v Speaker 3>dramatic happened in seventeen ninety three, when Richard Randolph and

0:29:31.320 --> 0:29:35.960
<v Speaker 3>his wife Judith went on trial from murder. The wealthy

0:29:36.000 --> 0:29:39.400
<v Speaker 3>young couple had visited the estate of some friends and

0:29:39.440 --> 0:29:43.520
<v Speaker 3>took along Judith's younger sister, Nancy. Randolph had been living

0:29:43.560 --> 0:29:46.640
<v Speaker 3>with them for months before the trip. At the estate

0:29:46.640 --> 0:29:50.720
<v Speaker 3>in southern Virginia, Nancy became very ill, according to several

0:29:50.840 --> 0:29:54.320
<v Speaker 3>enslaved people on the property, but only Richard, her brother

0:29:54.360 --> 0:29:57.920
<v Speaker 3>in law, was able to attend to her. The next day,

0:29:58.280 --> 0:30:02.440
<v Speaker 3>all three Randolphs left the property, but later the rumor

0:30:02.480 --> 0:30:06.320
<v Speaker 3>amongst the enslaved people was that Nancy had been pregnant

0:30:06.840 --> 0:30:11.040
<v Speaker 3>by Richard, and when she gave birth that night, Richard

0:30:11.080 --> 0:30:14.200
<v Speaker 3>and his wife Judith killed the baby and disposed of

0:30:14.240 --> 0:30:18.560
<v Speaker 3>the body to keep the secret. Of course, Richard, Nancy,

0:30:18.720 --> 0:30:22.040
<v Speaker 3>and Judith all denied this, but Richard and Judith were

0:30:22.160 --> 0:30:25.480
<v Speaker 3>charged with murder. Thanks to the family's wealth. They were

0:30:25.480 --> 0:30:29.200
<v Speaker 3>defended by both Patrick Henry and John Marshall, he was

0:30:29.280 --> 0:30:32.040
<v Speaker 3>the future Chief Justice of the U. S. Supreme Court.

0:30:32.600 --> 0:30:37.080
<v Speaker 3>Both men argued brilliantly, and eventually Richard and Judith Randolph

0:30:37.240 --> 0:30:41.479
<v Speaker 3>were acquitted. The enslaved people on the property swore that

0:30:41.600 --> 0:30:46.000
<v Speaker 3>there were remains of a baby there, but by Virginia law,

0:30:46.280 --> 0:30:49.360
<v Speaker 3>black people were not allowed to testify in a court case,

0:30:49.840 --> 0:30:54.560
<v Speaker 3>so it's likely that someone got away with murder. In

0:30:54.600 --> 0:30:57.840
<v Speaker 3>eighteen o six, one of the founding fathers was murdered

0:30:57.880 --> 0:31:01.120
<v Speaker 3>by a member of his own wealthy family. George With

0:31:01.320 --> 0:31:04.240
<v Speaker 3>will actually show up in the next episode of Chisel's story,

0:31:04.800 --> 0:31:08.840
<v Speaker 3>but forty years later, With would become suspicious as people

0:31:08.880 --> 0:31:12.840
<v Speaker 3>in his own household became violently ill after a visit

0:31:12.880 --> 0:31:16.840
<v Speaker 3>from his troubled grand nephew, seventeen year old George Sweeney.

0:31:17.320 --> 0:31:21.080
<v Speaker 3>When With himself also became ill, he suspected he was

0:31:21.120 --> 0:31:24.880
<v Speaker 3>being poisoned, but his physician said it was probably cholera.

0:31:25.560 --> 0:31:29.280
<v Speaker 3>With changed his will, removing George as one of the beneficiaries,

0:31:29.560 --> 0:31:33.160
<v Speaker 3>but now With was dying of what he believed was

0:31:33.360 --> 0:31:38.760
<v Speaker 3>arsenic poisoning. On his deathbed, With begged the doctor cut me,

0:31:39.280 --> 0:31:42.560
<v Speaker 3>which seemed to be a request for an autopsy. But

0:31:42.680 --> 0:31:45.920
<v Speaker 3>when the time came to do the autopsy, the physician

0:31:46.000 --> 0:31:49.000
<v Speaker 3>didn't use the correct test for arsenic and the results

0:31:49.000 --> 0:31:54.200
<v Speaker 3>were inconclusive. George Sweeney used his family's wealth to hire

0:31:54.280 --> 0:31:57.520
<v Speaker 3>well known attorneys when he was charged, and those attorneys

0:31:57.560 --> 0:32:00.720
<v Speaker 3>poked holes in the colony's case and he was acquitted.

0:32:01.680 --> 0:32:12.880
<v Speaker 3>Privilege is power in our courts. In seventeen sixty six,

0:32:13.160 --> 0:32:16.600
<v Speaker 3>the colonists who were angry and disappointed with John Chisel

0:32:16.720 --> 0:32:19.520
<v Speaker 3>were only comforted by the idea that a member of

0:32:19.560 --> 0:32:23.120
<v Speaker 3>the gentry would finally be forced to pay for his crimes.

0:32:23.640 --> 0:32:27.680
<v Speaker 3>John Robinson was dead, and so many other wealthy colonists

0:32:27.720 --> 0:32:31.360
<v Speaker 3>seemed to be above the law, but not John Chisel.

0:32:31.920 --> 0:32:35.240
<v Speaker 3>Not this time. He would not be able to escape

0:32:35.280 --> 0:32:41.040
<v Speaker 3>a trial, they believed, or the noose, So the wheels

0:32:41.040 --> 0:32:45.440
<v Speaker 3>of justice began to grind. A coroner examined Robert Rutledge's

0:32:45.520 --> 0:32:47.480
<v Speaker 3>body and made a determination.

0:32:48.320 --> 0:32:51.360
<v Speaker 6>So a coroner is called in. This is very important.

0:32:51.960 --> 0:32:55.480
<v Speaker 6>A coroner is called in to determine the cause of

0:32:55.480 --> 0:32:59.840
<v Speaker 6>the death. And the cause of the death is a

0:33:00.040 --> 0:33:04.680
<v Speaker 6>pierced heart, and by the testimony or the statements made

0:33:04.680 --> 0:33:07.720
<v Speaker 6>by the people around it is at the result of

0:33:07.760 --> 0:33:10.880
<v Speaker 6>a thrust from Colonel John Chisel.

0:33:11.480 --> 0:33:14.200
<v Speaker 3>It sounds like John Chisel was about to be charged

0:33:14.240 --> 0:33:17.960
<v Speaker 3>with murder. The coroner had declared that Chisel's sword had

0:33:17.960 --> 0:33:22.280
<v Speaker 3>been the weapon, but the coroner didn't declare it a murder.

0:33:22.840 --> 0:33:26.160
<v Speaker 3>That wasn't his job. His job was simply to declare

0:33:26.280 --> 0:33:30.400
<v Speaker 3>a cause of death. Now, let's return to the tavern

0:33:30.520 --> 0:33:32.480
<v Speaker 3>on the day of religious murder.

0:33:36.040 --> 0:33:38.400
<v Speaker 1>And they contact the sheriff of that county, who, if

0:33:38.440 --> 0:33:42.200
<v Speaker 1>my member serves me correctly, is Jesse Thomas. Jesse Thomas

0:33:42.360 --> 0:33:44.840
<v Speaker 1>is called to collect Colonel Chisel.

0:33:47.320 --> 0:33:50.200
<v Speaker 3>Chisel seems surprised as he was ordered to put down

0:33:50.240 --> 0:33:54.720
<v Speaker 3>the punch bowl and get off the floor. He was

0:33:54.760 --> 0:33:57.760
<v Speaker 3>walked out the door and immediately remanded to the county

0:33:57.880 --> 0:34:04.000
<v Speaker 3>jail while the sheriff interviewed witnesses. Chisel remained in jail

0:34:04.120 --> 0:34:07.920
<v Speaker 3>for seven days. That must have been incredibly upsetting for him.

0:34:08.160 --> 0:34:11.120
<v Speaker 3>So rarely had a member of the gentry even visited

0:34:11.160 --> 0:34:14.600
<v Speaker 3>at jail, let alone be imprisoned in one, but the

0:34:14.600 --> 0:34:18.720
<v Speaker 3>owner of the tavern, Benjamin Moseby, kept Chisel well fed

0:34:18.760 --> 0:34:22.239
<v Speaker 3>as he sat behind bars, and even after sobering up,

0:34:22.360 --> 0:34:27.359
<v Speaker 3>he showed no signs of remorse for killing Robert Rutledge.

0:34:28.000 --> 0:34:31.560
<v Speaker 3>Sheriff Jesse Thomas used that week to investigate the case

0:34:31.600 --> 0:34:36.080
<v Speaker 3>against John Chisel. Surely Thomas must have been cautious and nervous.

0:34:36.400 --> 0:34:39.200
<v Speaker 3>The accusation of murder against a member of the gentry

0:34:39.239 --> 0:34:42.000
<v Speaker 3>would be unpopular, but so would the notion that a

0:34:42.080 --> 0:34:46.960
<v Speaker 3>killer had gone free. So Thomas was dutiful and thorough

0:34:47.120 --> 0:34:54.080
<v Speaker 3>as he collected witness statements. When the prosecutor read Thomas's notes,

0:34:54.400 --> 0:35:00.160
<v Speaker 3>they formally declared Chisel with feloniously murdering Robert Rutledge. There

0:35:00.200 --> 0:35:05.360
<v Speaker 3>would be essentially a bail hearing in a nearby court. There.

0:35:05.600 --> 0:35:08.719
<v Speaker 3>Chisel insisted he was not guilty and demanded to be

0:35:08.800 --> 0:35:12.360
<v Speaker 3>released on bail. He sat in the examining court in

0:35:12.400 --> 0:35:16.440
<v Speaker 3>front of a panel of judges. Eight witnesses testified, including

0:35:16.520 --> 0:35:19.680
<v Speaker 3>the men who were standing closest to Chisel and Rutledge.

0:35:19.960 --> 0:35:23.040
<v Speaker 3>Some of them were Chisel's friends. They detailed the argument,

0:35:23.239 --> 0:35:26.840
<v Speaker 3>the escalation of the abusive language, and then the stabbing.

0:35:27.360 --> 0:35:30.720
<v Speaker 3>They were very matter of fact, though none would admit

0:35:31.040 --> 0:35:32.680
<v Speaker 3>that it was clearly murder.

0:35:33.400 --> 0:35:36.120
<v Speaker 8>And then he goes before the examining Court, which is

0:35:36.160 --> 0:35:38.720
<v Speaker 8>held in the court or in the tavern.

0:35:39.040 --> 0:35:42.319
<v Speaker 3>The President of the Court informed Colonel John Chisel that,

0:35:42.400 --> 0:35:46.440
<v Speaker 3>after careful deliberation, they would not allow him to be

0:35:46.520 --> 0:35:47.440
<v Speaker 3>released on bail.

0:35:48.280 --> 0:35:51.920
<v Speaker 6>There is no difference between peers or commoners as to bail.

0:35:52.400 --> 0:35:57.120
<v Speaker 3>Chisel seemed devastated and furious. This was a surprising turn

0:35:57.200 --> 0:35:59.960
<v Speaker 3>for him, as if being kept in a county jail

0:36:00.200 --> 0:36:04.520
<v Speaker 3>weren't demeaning enough. Now he could face a trial in Williamsburg,

0:36:04.640 --> 0:36:07.080
<v Speaker 3>where everyone knew him, and then he would also be

0:36:07.200 --> 0:36:09.680
<v Speaker 3>sent to wait in the jail in the city where

0:36:09.760 --> 0:36:12.680
<v Speaker 3>all of the gentry could see him. But the justices

0:36:12.800 --> 0:36:15.000
<v Speaker 3>really had no choice.

0:36:14.880 --> 0:36:20.440
<v Speaker 7>Wherever the accused crime took place. They're sent to Williamsburg

0:36:20.520 --> 0:36:23.440
<v Speaker 7>to stand trial here in the capitol before the general Court.

0:36:23.760 --> 0:36:27.600
<v Speaker 3>But Carson Hudson says there was likely another reason why

0:36:27.680 --> 0:36:29.120
<v Speaker 3>the justices sent him off.

0:36:29.600 --> 0:36:32.399
<v Speaker 8>Basically, I'm pretty sure the justices there are going, oh

0:36:32.400 --> 0:36:36.560
<v Speaker 8>my god, let's get rid of this. Yeah, I said,

0:36:36.560 --> 0:36:38.520
<v Speaker 8>you know, bump them on up to the governor. Let

0:36:38.560 --> 0:36:42.839
<v Speaker 8>the governor handle this. You know, we're nobody.

0:36:49.360 --> 0:36:53.520
<v Speaker 3>So soon John Chisel was loaded onto a carriage. Sheriff

0:36:53.600 --> 0:36:56.960
<v Speaker 3>Thomas held the examining Court's warrant as he ordered the

0:36:57.040 --> 0:36:59.080
<v Speaker 3>driver to head towards Williamsburg.

0:37:04.120 --> 0:37:05.920
<v Speaker 6>So chisl is going to be brought here into the

0:37:05.920 --> 0:37:08.239
<v Speaker 6>city to attend to the public jail until he can

0:37:08.320 --> 0:37:10.280
<v Speaker 6>be tried at the court of Oya and Terminer.

0:37:10.719 --> 0:37:14.160
<v Speaker 3>John Chisel would be tried before the general Court, but

0:37:14.360 --> 0:37:17.880
<v Speaker 3>not before spending time in the city jail. There seemed

0:37:17.880 --> 0:37:21.160
<v Speaker 3>to be a real possibility that he could be convicted

0:37:21.200 --> 0:37:26.799
<v Speaker 3>of murder, though self defense could potentially create some reasonable doubt. Regardless,

0:37:26.920 --> 0:37:30.440
<v Speaker 3>he had never been in a worse crisis, but perhaps

0:37:30.520 --> 0:37:34.600
<v Speaker 3>there was some hope. After all, John Chisel did have

0:37:34.920 --> 0:37:36.800
<v Speaker 3>some very powerful friends.

0:37:37.520 --> 0:37:41.160
<v Speaker 9>And what we see with this particular case is how

0:37:41.680 --> 0:37:45.200
<v Speaker 9>willing the guys in the status quo, the powerful, the

0:37:45.239 --> 0:37:47.960
<v Speaker 9>wealthy of the gentry are willing to go to protect

0:37:48.000 --> 0:37:50.359
<v Speaker 9>one of their own because in protecting one of their own,

0:37:50.760 --> 0:37:55.040
<v Speaker 9>they're actually protecting their own system. They are able to

0:37:55.040 --> 0:37:58.760
<v Speaker 9>sort of perpetuate it in part through closing ranks around

0:37:58.760 --> 0:38:08.160
<v Speaker 9>this guy.

0:38:09.640 --> 0:38:12.200
<v Speaker 1>So he's on his way to Williamsburg, right, this is

0:38:12.239 --> 0:38:16.439
<v Speaker 1>a felony case. The coroners looked at it and said,

0:38:16.480 --> 0:38:20.960
<v Speaker 1>this guy's been murdered by a sword. And all of

0:38:20.960 --> 0:38:26.240
<v Speaker 1>a sudden, the sheriff in question is intercepted by several

0:38:26.280 --> 0:38:33.000
<v Speaker 1>gentlemen of Williamsburg, also including his attorney, John Wales.

0:38:39.960 --> 0:38:44.240
<v Speaker 3>On the next episode of tenfold more Wicked on exactly right.

0:38:50.040 --> 0:38:52.600
<v Speaker 9>Colonel Chisel. He is as gentry as they come. He

0:38:52.760 --> 0:38:55.000
<v Speaker 9>is kind of a jerk. No one seems to particularly

0:38:55.040 --> 0:38:57.560
<v Speaker 9>care for the guy, but is wealthy, well connected.

0:38:58.320 --> 0:39:01.480
<v Speaker 2>The public jail that you've been in is the place

0:39:01.520 --> 0:39:04.400
<v Speaker 2>where anybody who committed a murder is to be held.

0:39:05.040 --> 0:39:09.239
<v Speaker 2>I certainly cannot think of anybody who received the privilege

0:39:09.480 --> 0:39:11.680
<v Speaker 2>of getting to go back to his own house.

0:39:12.360 --> 0:39:16.680
<v Speaker 6>We're talking about somebody who outright murdered his friend, and

0:39:16.760 --> 0:39:21.560
<v Speaker 6>then his friends tried to give him a privileged position.

0:39:22.680 --> 0:39:25.680
<v Speaker 7>So you're beginning to see those fissures that I was

0:39:25.719 --> 0:39:28.720
<v Speaker 7>talking about. The status quo is under siege.

0:39:28.840 --> 0:39:32.000
<v Speaker 9>And this bigger question always is is who's in charge,

0:39:32.480 --> 0:39:43.680
<v Speaker 9>who matters, and who gets to make those decisions.

0:39:45.600 --> 0:39:49.239
<v Speaker 3>If you love a good, real ghost story, my audiobook

0:39:49.280 --> 0:39:52.720
<v Speaker 3>The Ghost Club is available on Audible now. I can't

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<v Speaker 3>wait to tell you the real story about the world's

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<v Speaker 3>most famous haunted house. Please also check out my books

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<v Speaker 3>American Sherlock and All That Is Wicked. This has been

0:40:11.239 --> 0:40:16.000
<v Speaker 3>an exactly right tenfold more Media production producer Jason Whaling,

0:40:16.360 --> 0:40:22.400
<v Speaker 3>Senior producer Alexis and Morosi, Consulting producer Kyle Ryan, researcher

0:40:22.480 --> 0:40:28.000
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0:40:28.280 --> 0:40:34.000
<v Speaker 3>Nick Toga. Executive producers Georgia Hartstark, Karen Kilgarriff and Danielle Kramer.

0:40:34.640 --> 0:40:38.120
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0:40:38.400 --> 0:40:49.560
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