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Mary (died August 11, 1838) was an American enslaved teenager who was
hanged Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in ...
for the murder of Vienna Brinker, a two-year-old girl she was babysitting. Her case was notable both for her youth and for the extended legal process that preceded her execution. Although her exact age is unknown, it is generally agreed that she is the youngest person to have been put to death in
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
.


Background

Mary was originally owned by Abraham Brinker, who had settled in
Potosi, Missouri Potosi is a city in Washington County, Missouri, United States. Potosi is seventy-two miles southwest of St. Louis. The population was 2,660 as of the 2010 census. It is the county seat of Washington County. Located in the Lead Belt, the cit ...
, in the 1810s. She was described as "
mulatto (, ) is a racial classification to refer to people of mixed African and European ancestry. Its use is considered outdated and offensive in several languages, including English and Dutch, whereas in languages such as Spanish and Portuguese ...
", though it is unclear if she had any biological relationship to the Brinker family.MTSU Center for Historic Preservation (December 2016)
Snelson-Brinker House: Historic Structure Report
p. 7.
Abraham was killed by Native Americans in 1833, and his slaves were inherited by his son John. John's first child, Vienna Jane Brinker, was born on May 25, 1835, and Mary was tasked with babysitting her. In February 1837, the family and their slaves moved into what would become known as the
Snelson-Brinker House Snelson-Brinker House was a historic home located near Steelville, Crawford County, Missouri. It was built by Levi Lane Snelson in 1834, as a one-story, double-pen log dwelling, and sold to John B. Brinker in 1837. Later that year, the propert ...
, a single-story log cabin near
Steelville Steelville is a city in Crawford County, Missouri, United States. The population was 1,472 at the 2020 census. It is the county seat of Crawford County. Steelville is the hometown of Congressman Albert Reeves and Missouri State Representative J ...
.MTSU (2016), p. 6.


Death of Vienna Brinker

On May 14, 1837, the body of Vienna Brinker was discovered in a stream on the Brinker property. She had suffered
blunt trauma Blunt trauma, also known as blunt force trauma or non-penetrating trauma, is physical traumas, and particularly in the elderly who fall. It is contrasted with penetrating trauma which occurs when an object pierces the skin and enters a tissu ...
to her right temple. John Brinker's wife Sarah had asked Mary to gather firewood, and she took Vienna with her. She later returned to the house without Vienna, and claimed not to know where she was. John Brinker gathered two of his neighbors, William Blackwell and Thomas Shirley, to help search for his daughter. They eventually followed Mary's footsteps down to the stream, where Shirley found her body. Some sources have speculated that Mary killed Vienna because her father was planning to sell her.


Trials and execution

After the discovery of the body, Mary was tied to a log by William Blackwell and threatened with a whipping. She subsequently admitted to throwing Vienna in the stream and then beating her body with a stick to stop it surfacing. She later made a similar confession to Simeon Frost, a local justice of the peace. Mary was charged with
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
and placed in the Potosi jail. Her trial began on August 16, 1837, and she was provided with three court-appointed attorneys. She was found guilty two days later, and subsequently sentenced to be hanged at
Steelville Steelville is a city in Crawford County, Missouri, United States. The population was 1,472 at the 2020 census. It is the county seat of Crawford County. Steelville is the hometown of Congressman Albert Reeves and Missouri State Representative J ...
on September 30.MTSU (2016), p. 8. Mary appealed the verdict to the
Missouri Supreme Court The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to giv ...
. The presiding judge, Mathias McGirk, reversed the decision of the
Crawford County Crawford County is the name of eleven counties in the United States: * Crawford County, Arkansas * Crawford County, Georgia * Crawford County, Illinois * Crawford County, Indiana * Crawford County, Iowa * Crawford County, Kansas * Crawford County ...
circuit court, citing numerous irregularities in both her indictment and the trial process. Mary was re-indicted and a new trial was scheduled. It was originally supposed to be held in
Gasconade County Gasconade County is a county located in the east-central portion of the U.S. state of Missouri. As of the 2020 census, the population was 14,794. The county seat has been Hermann since 1842. The county was named after the Gasconade River. The ...
, but was later shifted back to Crawford County. The second trial returned the same verdict as the first, and Mary was hanged at Steelville on August 11, 1838.The Courts
Crawford County Missouri History. Retrieved November 25, 2017.
Contemporary newspapers reported Mary's age as either 13 or 14, while a later account in a history of Crawford County gave it as 16. The trial judge, James Evans, had instructed the jury to consider whether Mary was above the
age of criminal responsibility The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so t ...
(14), or whether she was below that age but "had sufficient mind to know what act would be a crime". In any case, Mary is generally considered to be the youngest person to have been executed by the state of Missouri.


See also

*
Annice (slave) Annice (died August 23, 1828) was the first female slave known to have been executed in Missouri. She was hanged for the murders of five children, two of whom were her own. Annice was owned by Jeremiah Prior of Clay County, Missouri. On July 27, ...
, first enslaved woman executed in Missouri * Hannah Ocuish, youngest girl executed in the United States * ''
State of Missouri v. Celia, a Slave ''State of Missouri v. Celia, a Slave'' was an 1855 murder trial held in the Circuit Court of Callaway County, Missouri, in which a slave woman named Celia (slave), Celia was tried for the first-degree murder of her owner, Robert Newsom. Celia wa ...
'' (1855)


References

{{reflist 1838 deaths People from Washington County, Missouri American female murderers American murderers of children Executed American women 19th-century American slaves People executed by Missouri by hanging 19th-century executions by the United States 19th-century executions of American people Executed African-American people 1837 murders in the United States Executed children Juvenile offenders executed by the United States