Ancestors of Christopher John Augustine Morry

Living

Sex: F

Parents

Father: Living Mother: Living

Spouses and Children

1. Living

Living

Sex: M

Spouses and Children

1. Living Children: 1. Living 2. Living 3. Living 4. Madeline Stack

John Stackebald

Sex: M
AKA: John Stackbald ⁴³⁰⁵, John Stacklhaid ⁸¹³⁸
Individual Information

Birth Date: Ireland ⁸¹³⁹ Christening: Death: 9 Nov 1762 - Torbay, Newfoundland and Labrador, Canada ⁴³⁰⁵ ^,4306 Burial: Cause of Death: Hanged for the rape of Esther Merrifield ⁴³⁰⁵
Events
• Court: Trial and Conviction for Rape of John Stackebald or Stackbald, 1 Nov 1762, St. John's, Newfoundland and Labrador, Canada.

Spouses and Children

1. *Esther Merrifield ⁴⁸⁸⁰ Partnership: Children: 1. Esther Merryfield Goss

Notes
General:

050117 from Ancestry.ca:

Rape and Esther Merryfield Goss - my 4 Great Grandmother

http://www2.grenfell.mun.ca/nfld_history/letterbook/GN2-1-A-3.htm

GN 2/1/A [Microfilm Box No. 1] Vol. 3 (1759-1765)

Page Date From whom (where) To whom (where) Contents or nature of the document
155-158 01 Nov 1762 Michael Gill, Edward Langman, Arthur French, John Gale, George Olive, National Brooks, Esq. (St. John's) Court of Oyer and Terminer tries a case regarding the threatening and rape of Esther Merrifield, who is married to William Merrifield of Torbay. Grand Jury made up of 24 men. Jury made up of 12 men. Details of the court case and the circumstances of the rape are given. Her husband witnessed the rape. John Stackebald (or Stackbald-see page 164) and another man, whose name she did not know, were the rapists. Stackebald was found guilty and sentenced to execution by hanging.

164 09 Nov 1762 Gov. Thomas Graves (St. John's) John Batten, Esq. Sherriff Referencing the Court of Oyer and Terminer when John Stackbald (or Stackebald-see pages 155-158).was sentenced to death for raping Esther Merrifield (discussed on pages 155-158). Stackbald set the jail on fire in attempt to escape. He is therefore to be put to death in the manner directed.

Also....

In Paul O'Neill's book The Oldest City: The Story of St. John's Newfoundland he records this observation:
"John Stackebald, of the Kingdom of Ireland, was convicted of performing a rape on the body of Esther Merrifield of Torbay, 26 July 1762, between three and four o'clock in the afternoon, on the kitchen table, while her besotted husband who was Stackebold's drinking companion watched from the settle of the stove. He was convicted and sent back to jail to await hanging. In an attempt to escape the scaffold, the prisoner set the prison on fire. Young Stackebold was obviously determined not to be led as a lamb to the slaughter."

Also....

In Nfld Notebook - Historical Events of the Province of Newfoundland and Labrador online (http://nfldnotebook.tumblr.com/), this is recorded on the sad event:

July 25, 2016
John Stackebald Found Guilty
On July 26, 1762, Esther Merrifield swore a deposition that she had been raped by John Stackebald during the French occupation of St. John's. Esther alleged that Stackebald and another man, whose name she did not know, were the rapists. They sexually assaulted her on the road to Torbay. Esther was married to William Merrifeld of Torbay and he also witnessed the rape. During the trial, Esther stated she had not reported the crime earlier as the French were then in possession of St. John's. Stackebald was convicted of rape and sentenced to death during a trial on November 1^st . The commissioners of Oyer and Terminer (the judges) did not recommend clemency as Stackebald had attempted to escape by setting fire to the jail. Stackebald was an Irishman and collusion with the enemy appears to have been the crime for which he was ultimately hanged.

The execution warrant stated:
"It further appearing from the affidavits of persons of undoubted testimony that the prisoner had been guilty of many treasonable acts during the time the French were in possession of this place, there seems to be no room to extend His Majesty's Royal Mercy to the unhappy person under sentence of Death nor any cause why the said sentence should be carried into execution."
No indication is given as to what weight was given to his suspected collaboration with the French in arriving at a sentence of death; nor is there any indication that his attempt at arson received any attention in his sentence, but evidence indicates treason as the main reason to execute him. Being found guilty of rape provided a way for the authorities to circumvent the problem of not trying cases of treason at the assizes. Ultimately Stackebald's hanging was used to re-establish British sovereignty over St. John's after the French occupation.
Filed under NLHistory Stackebald Merrifield Torbay execution rape treason Newfoundland

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

080117:
Here is another account of the rape sent to me by Mary Dooley Maolney as recorded by:
Thomas F. Nemec, PhD
Department of Anthropology
Memorial University of Newfoundland
July, 1982

For publication in The Encyclopedia of Newfoundland and Labrador, Vol. II, J.R. Smallwood and R. Pitt, eds.

St. John's, in the same year, an Irishman, John Stacklhaid, appeared at a court of Oyer and Terminer charged with the rape of a Torbay woman, Esther Merrifield, wife of William Merrifield, who had also been present at the time the rape was committed. The rape took place on July 26 in the common path about halfway between St. John's and Torbay.

Three witnesses were called, the first being the victim, Esther Merrifield, who had appeared before Michael Gill and given her evidence as follows:

Appeared before me, Michael Gill Esq., one of His Majesty's Justices of the Peace for the District of St. John's, Nfld., Esther Merrifield the wife of William Merrifield of Torbay in Nfld., being duly sworn on the Holy Evangelists declared that on the 2nd. of July last, John Stacklhaid, an Irishman did in the common path about halfway between this place and Torbay, when in company with other Irishmen, forcible commit a rape on the body of the said Esther Merrifield. The said John Stacklhaid did also at the same time threaten to murder the complainant, Esther Merrifield, after having by threats driven the said William Merrifield from his said wife, some distance, she also further declares that one of the other Irishmen did also forcible commit rape on the body of the complainant but she does not know his name.

In the court she reaffirmed her statement, adding only that Stacklhaid had threatened her with a great stick, and had carnal knowledge of her body twice. She added that she had been unable to report the crime earlier because at the time of the rape the French had been in possession of St. John's.

Her husband, William Merrifield, testified that he had been present when the rape was committed, but had been driven away by Stacklhaid and his companions, though he could see what was happening. A third witness was a sixteen year old Irish youth, John Chanter, the third companion of Stacklhaid, who said he also was present at the rape.

There being no other evidence, the jury withdrew, and after two hours returned with a verdict of guilty. Stacklhaid was then sentenced to be hanged. He confessed that he had the Friday night previous set fire to the gaol to engender his own escape.

On the ninth of November, Governor Graves ordered his execution, on the grounds that not only was he guilty of rape, and setting fire to the gaol, but it had also been shown that he had co-operated with the French during their occupation of St. John's, and was thus guilty of treason, so that the governor did not as was usual with rape cases request clemency from the crown, but had the sentence of the court carried out immediately.

The actions of such Irishmen as Stacklhaid gave a bad name to all the Irish, though the number appearing in the courts for violent crimes was very small.

It is interesting to note the many discrepancies in the various reports of this case. Whether this implies the original testimony was suspect or whether those who later recorded the events made errors in the accuracy of their reporting I cannot say.

Anna M. Stackman

Sex: F

Individual Information

Birth Date: Cir 1913 - New York, United States of America ⁶⁸⁶ Christening: Death: Burial: Cause of Death:
Events
• Census: Household of Walter Stackman, 162 Union St,., 1930, Spencerport, Monroe, New York, United States of America. (Household Member)

Parents

Father: Walter H. Stackman ⁶⁸⁷ ^,689 Mother: Clara J. Wadsworth ⁶⁸⁹ ^,5728

Betty J. Stackman

Sex: F

Individual Information

Birth Date: Cir 1925 - New York, United States of America ⁶⁸⁶ Christening: Death: Burial: Cause of Death:
Events
• Census: Household of Walter Stackman, 162 Union St,., 1930, Spencerport, Monroe, New York, United States of America. (Household Member)

Parents

Father: Walter H. Stackman ⁶⁸⁷ ^,689 Mother: Clara J. Wadsworth ⁶⁸⁹ ^,5728

Living

Sex: F

Parents

Father: Walter H. Stackman ⁶⁸⁷ ^,689 Mother: Clara J. Wadsworth ⁶⁸⁹ ^,5728

Living

Sex: F

Parents

Father: Larry Richard Stackman ³⁵⁵ ^,356 Mother: Living

Spouses and Children

Children: 1. Living 2. Living

Gladys Stackman

Sex: F

Individual Information

Birth Date: Cir 1915 - New York, United States of America ⁶⁸⁶ Christening: Death: Burial: Cause of Death:
Events
• Census: Household of Walter Stackman, 162 Union St,., 1930, Spencerport, Monroe, New York, United States of America. (Household Member)

Parents

Father: Walter H. Stackman ⁶⁸⁷ ^,689 Mother: Clara J. Wadsworth ⁶⁸⁹ ^,5728

Living

Sex: M

Parents

Father: Walter H. Stackman ⁶⁸⁷ ^,689 Mother: Clara J. Wadsworth ⁶⁸⁹ ^,5728

Larry Richard Stackman

Sex: M

Individual Information

Birth Date: 9 Oct 1950 - Rochester, Monroe, New York, United States of America ³⁵⁶ Christening: Death: 30 Aug 2023 - Rochester, Monroe, New York, United States of America ( at age 72) ³⁵⁶ Burial: Cause of Death:
Events
• Living: 2 Mar 2023.

Parents

Father: William Richard Stackman ⁶⁸⁹ Mother: C. Eileen Pfund ³⁵⁵

Spouses and Children

1. Living Children: 1. Living

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