Leisler's Rebellion - Execution

Execution

Sloughter established a special Court of Oyer and Terminer to hear the trials of Leisler and other defendants. Some individuals, including Abraham De Peyster and Charles Lodewick, the apparent ringleaders of the initial militia action, were not charged. The panel of judges included a significant number of anti-Leislerians, included Richard Ingoldesby, and was presided over by former dominion official Joseph Dudley. Leisler was arraigned by this court on March 31. The main charge against him concerned the militant resistance to Ingoldesby's attempts to take control. Leisler and his son-in-law Jacob Milborne both refused to acknowledge the legitimacy of the court, and did not enter pleas. Even though English law did not mandate that individuals accused of treason receive legal counsel, Leisler asked for and was granted counsel. Most of the other defendants acknowledged the court's legitimacy, and pleaded not guilty. On April 1 Leisler was arraigned on a count of murder, over an incident that had taken place during his rule.

On April 9, Sloughter convened a new colonial assembly. Despite attempts by pro-Leislerians to control the body, it passed a bill on April 17 condemning Leisler's government and activities, even blaming him for the 1690 Schenectady Massacre. After repeated attempts by the court to get Leisler and Milborne to enter pleas, they were convicted on April 17, and sentenced to be "hanged, drawn and quartered, and their estates confiscated." No execution was scheduled.

There matters stood until mid-May. By early May the court had heard 32 cases, convicted and sentenced 8 men (including Leisler and Milborne) to death, and either acquitted or pardoned the rest. Partisan forces, however, continued to be active. Anti-Leisler forces agitated for his execution, and there were riots on Staten Island in late April, supposedly instigated by Leisler supporters. Sloughter, however, believed that the executions should be stayed until the king's will could be known. On May 7 he sent reports to the king and the Lords of Trade describing the situation. Although the report the Lords of Trade included the trial transcripts, the letter to the king painted Leisler in an extremely negative light, and neither report mentioned the sentence. On May 14 the court refused to transport Leisler and Milborne to England for appeal, and Sloughter's council, which was dominated by anti-Leislerians, urged him to execute the two men. He acquiesced, and signed the death warrants that evening. Nicholas Bayard and others claim that Sloughter was drunk (or at least strongly under the influence of alcohol) at the time, and accusations circulated afterward that Sloughter had been bribed. On May 16, Leisler and Milborne were executed by hanging. Leisler is reported to have made a long speech, claiming that he acted "for the glory of the Protestant interest, the establishment of the present government", and to protect the province from outside forces. The remains of the two men were buried beneath the gallows, and their estates were seized by attainder. On May 19 Governor Sloughter issued a proclamation of amnesty for all except about 20 named individuals.