Emily Swann

Names and identifiers

• Emily Swann (42-year-old mother of 11 children; defendant; convicted of murdering her husband)
• John Gallagher (30-year-old miner; lodger; Emily Swann’s lover; defendant)

Background

Emily Swann was a 42-year-old mother of 11 children. She was described as a stumpy little, round-faced woman, 4 ft 10 in tall and 122 lb. in weight, from a “respectable” background. Emily was married to William Swann, who was a glass-blower. They had a lodger, John Gallagher, a 30-year-old miner, living with them at Wombwell in Yorkshire.

The household involved quarrels in which William beat Emily up at times, and Emily showed injuries to a neighbour. Emily was described as in a state of virtual collapse, moaning pitifully on the floor of her cell, and later she regained her composure after a drink of brandy.

The offence

Emily and John Gallagher were charged in connection with the murder of William Swann. The events leading to the murder began in June 1903. John had resolved to leave Wombwell for good in June 1903 and move to Bradford.

On the afternoon of 6th June 1903, Emily went into her neighbour’s house with a shawl over her head. She removed the shawl and showed the neighbour her two black eyes and facial bruises, saying: "See what our Bill's done!"

John, who was also at the neighbour’s house, became instantly enraged and said: "I'll go and give him something for himself for that." Another neighbour saw him dashing into the Swanns’ house, followed closely by Emily. John was shouting: "I'll coffin him before morning." The neighbours heard the sounds of a struggle from inside the house, with fighting audible for some ten minutes.

After the first struggle, John came out and went back to the neighbour’s house. He announced: "I've busted four of his ribs and I'll bust four more," and said later to the neighbour: "I'll finish him out before I go to Bradford." As he went back into the Swanns’ house, he said: "I'll murder the pig before morning. If he can't kick a man he shan't kick a woman." Another fight ensued.

During the subsequent struggle, the neighbour heard Emily say: "Give it to him, Johnny." Ten minutes later, Emily and John emerged from William’s house holding hands and were described by neighbours as showing "every sign of affection". Behind them in the shambles of the house William lay dead.

John and Emily then went to their friends’ house and told them the situation. The police were sent for. When they arrived, they immediately arrested Emily. John escaped and went on the run for two months.

Investigation and arrest

• The police were sent for after John and Emily told friends the situation.
• When the police arrived, they immediately arrested Emily Swann.
• John Gallagher escaped and went on the run for two months.

John Gallagher was later tracked down to the house of a relative in Middlesborough, having spent some time living rough.

Trial

John and Emily came to trial in October 1903 at Leeds Assizes.

Their barrister admitted that the relationship between them was "of a misdirected order" but contended that John had merely gone to the house to remonstrate with William for his brutal treatment of Emily. The defence insisted that neither John nor Emily wanted William dead.

The judge advised the jury that John’s remark "I'll finish him out before I go to Bradford" showed intent. The judge said this remark had been allegedly made between the two fights, after which he had gone back into the house and carried out his threat.

The judge instructed the jury that:

"As for the woman" continued the judge, "it is my duty to tell you that one does not commit murder only with one's hands. If one person instigates another to commit murder, and that other person does it, the instigator is also guilty of murder."

The jury found both defendants guilty of William’s murder on very clear evidence. The jury took only an hour in their deliberations.

Emily remained calm as the foreman of the jury gave the guilty verdict. When asked if she wanted to say anything before sentence of death was passed, Emily told the judge: "I am innocent."

She said:

"I am not afraid of immediate death, because I am innocent and will go to God."

Both Emily Swann and John Gallagher were formally sentenced to death.

Before the judge discharged the jury, he told them that when Gallagher was taken into custody he had told the police that Emily hit William and beat him with a poker, and that Gallagher did not touch the dead man, although he was present. The judge stated:

"That statement was not direct evidence against the woman but from the proved position of the poker I am convinced that the statement was partly true and that Mrs. Swann did really take part in the actual killing."

After sentencing, Emily smiled and kissed her hand to someone in the gallery as she was led down from the dock.

Sentencing

• After conviction, both Emily Swann and John Gallagher were sentenced to death.
• They were taken from court to Armley prison, Leeds, and lodged in separate condemned cells.

Appeals

Both their appeals were turned down. They were informed there would be no reprieves and that their executions would take place on the 29th of December, 1903.

Outcome

Emily Swann and John Gallagher were executed together by hanging on December 29, 1903.

Aftermath

After sentence and before execution, the only time Emily and John saw each other was at the prison chapel service on Christmas morning, where they were kept separate and not allowed to speak. It was stated that they both ate a substantial Christmas dinner.

Emily had been distressed and in near collapse when the governor informed her that there would would be no reprieve. Emily told her warderesses repeatedly that she was very worried about the disgrace she was bringing on her family. Her family made a last, forlorn appeal to the King for clemency, but this was ignored.

Execution was carried out as double hangings were still allowed, and it was decided to execute them together. William Billington was the principal executioner, assisted by John Ellis.

They went first to John Gallagher, who was calm and had his wrists pinioned behind him. He was then led forward to the gallows by warders while Billington and Ellis pinioned Emily, who had recovered somewhat. Emily was escorted into the execution room flanked by two male warders.

John Gallagher was already on the trap, with a white hood over his head when Emily was led in. Emily was escorted so that she would have been able to see the two nooses dangling from the beam.

As Emily came onto the trap, Billington drew the white hood over her head, and Emily made her famous remark. The remark during the execution included the greeting she had delivered earlier at Leeds’ Armley Prison. She delivered the greeting "Good morning John" before the execution. John Gallagher managed to reply: "Good morning love." As the noose was placed round her neck, Emily said: "Good-bye. God bless you."

A moment later the lever was pulled and they plummeted down through the trap together. An autopsy found that death had been “instantaneous” in both cases.

Timeline

• 6th June 1903 — Emily Swann showed her injuries to a neighbour, saying: "See what our Bill's done!"
• 6th June 1903 — John Gallagher went into the Swanns’ house and the neighbours heard a struggle while John shouted "I'll coffin him before morning."
• 6th June 1903 — After fighting, John announced "I've busted four of his ribs and I'll bust four more," and later said "I'll finish him out before I go to Bradford."
• 6th June 1903 — John said "I'll murder the pig before morning. If he can't kick a man he shan't kick a woman."
• 6th June 1903 — The neighbour heard Emily say: "Give it to him, Johnny."
• 6th June 1903 — William Swann was found dead; John and Emily emerged holding hands; John and Emily told friends the situation; police arrested Emily
• October 1903 — John and Emily came to trial at Leeds Assizes
• December 29, 1903 — Emily Swann and John Gallagher were hanged side by side at Leeds’ Armley Prison
• Christmas morning (year not specified) — Emily and John saw each other at the prison chapel service, kept separate and not allowed to speak

Other details

Executing personnel and prison

• Executions took place at Leeds’ Armley Prison.
• Emily and John were guarded by warderesses, with Emily supervised in the condemned cell.
• John Ellis was described as involved in a first of a trio of female hangings with unusual features.