the keepers and proprietors of both the Five Mile House and the Six Mile House. They were husband and wife John and Lavinia Fisher and William Heyward. The final threeâand no one elseâwere charged with the crimes against David Ross.
C HAPTER 5
The Escape
A L AST B ID FOR F REEDOM
Because they were husband and wife, John and Lavinia were housed together in a single cell separate from the general population. This was an inner cell on the lowest level generally used as an isolation cell. There was little light or air flow through this cell. Conditions were horrendous.
Apparently there came an opportunity for the Fishers to be moved to another section. According to records, Lavinia pleaded with Sheriff Cleary and both she and John were moved to a less secure part of the jail used as a debtorsâ prison. Debtors were also held at the jail and manufactured a commodity that the jail had much use forâcoffins.
The debtorsâ section was in an upper level of the jail where the Fishers could move freely about a larger cell. It was at this location that the Fishers were reunited with Joseph Roberts who was serving out his one-year sentence for assault on the butcher.
On the night of Monday, September 13, 1819, John Fisher and Joseph Roberts created a hole under one of the windows and lowered themselves down with blankets they had tied together. Roberts went out first, followed by Fisher. As Fisher lowered himself to the ground, the blankets broke. He fell approximately twenty feet to the ground. Lavinia could not escape. Her line to freedom had been suddenly severed. Try as he may, John could not save Lavinia that night without alerting the guards. With no alternative, John Fisher and Joseph Roberts escaped into the darkness. Fortunately for them, their escape was not noticed until the following day or they would have had the tracking dogs to contend with.
Escape may have not been the wisest of moves. The authorities of Charleston were still feeling the sting of the escape of Martin Toohey in March. Remember, Toohey had been convicted of the murder of James Gadsden and hanged on May 28, the day after John and Laviniaâs trial. He too had been appealed to the constitutional court and had been refused a new trial. Apparently John and Lavinia did not want to take their chances with the court and escaped when the opportunity presented itself. On the heels of the Toohey debacle, this may have sealed their fate with the powers in control of Charleston.
An isolation cell. Courtesy of author.
Original section built 1802. Courtesy of author.
A hole under the window in the old section is consistent with escape. Courtesy of author.
Martin Toohey had been sentenced to hang for the murder of James Gadsden. His brother, Michael had received a lesser charge of manslaughter and had been branded with the letter âMâ in his left hand. As Martin Toohey awaited his fate his brothers, Michael and Patrick, conspired with a turnkey, or jailer, for his escape.
On March 17, 1819, Martin Tooheyâs shackles were discovered, left in his cell undamaged. After investigation, it was determined that a turnkey named Eery had disappeared with him, explaining the undamaged shackles. It was first thought that pirate George Clark had also escaped, but he was later discovered still inside the jail. This âmisplacingâ of one murderer and the escape of another aided by a turnkey had the city in an uproar.
The governor issued a $1,000 reward and a warning for the citizens to use caution and protect themselves. The Charleston Riflemen were dispatched by the governor in pursuit of the escapee and the corrupt jailer.
The group apparently came upon Martin Toohey in a swampy area outside of Charleston. Two members of the group fired at Toohey, who fled into the woods. Edward Morris, who was mounted on horseback, pursued. Toohey turned and knelt and fired a pistol at Morris. The ball passed through Morrisâs coat and
C HAPTER 5
The Escape
A L AST B ID FOR F REEDOM
Because they were husband and wife, John and Lavinia were housed together in a single cell separate from the general population. This was an inner cell on the lowest level generally used as an isolation cell. There was little light or air flow through this cell. Conditions were horrendous.
Apparently there came an opportunity for the Fishers to be moved to another section. According to records, Lavinia pleaded with Sheriff Cleary and both she and John were moved to a less secure part of the jail used as a debtorsâ prison. Debtors were also held at the jail and manufactured a commodity that the jail had much use forâcoffins.
The debtorsâ section was in an upper level of the jail where the Fishers could move freely about a larger cell. It was at this location that the Fishers were reunited with Joseph Roberts who was serving out his one-year sentence for assault on the butcher.
On the night of Monday, September 13, 1819, John Fisher and Joseph Roberts created a hole under one of the windows and lowered themselves down with blankets they had tied together. Roberts went out first, followed by Fisher. As Fisher lowered himself to the ground, the blankets broke. He fell approximately twenty feet to the ground. Lavinia could not escape. Her line to freedom had been suddenly severed. Try as he may, John could not save Lavinia that night without alerting the guards. With no alternative, John Fisher and Joseph Roberts escaped into the darkness. Fortunately for them, their escape was not noticed until the following day or they would have had the tracking dogs to contend with.
Escape may have not been the wisest of moves. The authorities of Charleston were still feeling the sting of the escape of Martin Toohey in March. Remember, Toohey had been convicted of the murder of James Gadsden and hanged on May 28, the day after John and Laviniaâs trial. He too had been appealed to the constitutional court and had been refused a new trial. Apparently John and Lavinia did not want to take their chances with the court and escaped when the opportunity presented itself. On the heels of the Toohey debacle, this may have sealed their fate with the powers in control of Charleston.
An isolation cell. Courtesy of author.
Original section built 1802. Courtesy of author.
A hole under the window in the old section is consistent with escape. Courtesy of author.
Martin Toohey had been sentenced to hang for the murder of James Gadsden. His brother, Michael had received a lesser charge of manslaughter and had been branded with the letter âMâ in his left hand. As Martin Toohey awaited his fate his brothers, Michael and Patrick, conspired with a turnkey, or jailer, for his escape.
On March 17, 1819, Martin Tooheyâs shackles were discovered, left in his cell undamaged. After investigation, it was determined that a turnkey named Eery had disappeared with him, explaining the undamaged shackles. It was first thought that pirate George Clark had also escaped, but he was later discovered still inside the jail. This âmisplacingâ of one murderer and the escape of another aided by a turnkey had the city in an uproar.
The governor issued a $1,000 reward and a warning for the citizens to use caution and protect themselves. The Charleston Riflemen were dispatched by the governor in pursuit of the escapee and the corrupt jailer.
The group apparently came upon Martin Toohey in a swampy area outside of Charleston. Two members of the group fired at Toohey, who fled into the woods. Edward Morris, who was mounted on horseback, pursued. Toohey turned and knelt and fired a pistol at Morris. The ball passed through Morrisâs coat and
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