by Brad Meltzer
These men have committed an unspeakable act of treason. All the other soldiers will soon learn this, if they haven’t already. The guilty Life Guards must be made an example of, for the entire army to see.
Now, it’s time to serve justice.
PART V
Sacricide
66
New York, New York
June 1776
Thomas Hickey.
Along with fellow Life Guard Michael Lynch, Hickey was arrested for the relatively minor offense of carrying counterfeit bills; then, once in jail, he spoke a bit too freely to a cellmate.
This makes Hickey one of five Life Guards named as suspects in the conspiracy. Isaac Ketcham testified regarding Hickey and Lynch, and James Mason’s testimony implicated William Green, Thomas Hickey (again), James Johnson, and a private named John Barnes.
Yet by Monday, June 24—a week after Ketcham spoke before the congress, and four days after James Mason gave his blockbuster testimony—the investigators close in on Thomas Hickey as a special focus of their inquiry. Not just in terms of the investigation, but as the one person on whom justice should be served to make a public statement.
This raises the question: If there are multiple Life Guards implicated, why do the authorities turn their focus on just one of them?
The most plausible answer is, they need to make an example of someone. The people in charge need to make it clear that if you plot against the Continental army, you’re committing a traitorous act—and that anyone who does so must pay the highest possible price.
Basically, the authorities need to set an example … and they need to do it swiftly.
For one thing, the story of the plot is starting to leak. Any day now, the general public will learn that there’s a conspiracy against the army—and very possibly aimed at the life of the army’s Commander, George Washington. As the story spreads, the army wants already to have sent a strong, clear message about how such crimes are punished.
Second, the British fleet is now only days away. Based on all the testimony gathered thus far about the conspiracy, the moment of British arrival is when the plot gets triggered. So the Continental authorities desperately need a forceful public resolution to this case before that time—not only to dissuade any remaining plotters from following through on their designs, but to display strength and unity on the eve of a major battle.
At this exact moment in history, speed matters.
So, given the complexity of the conspiracy being investigated—at a time of war, no less—the fastest, simplest way to show the public that the authorities are in control is to pick just one culprit and make him the face of the conspiracy; then, prosecute him with an airtight case, and serve justice quickly and forcefully.
Even while the authorities continue to investigate the rest of the complicated case, this one guilty party—Life Guard Thomas Hickey—will face punishment before the rest.
Behind the scenes, probably at some point on Monday, June 24, George Washington and the Committee on Conspiracies agree on a procedure that will further facilitate a swift and clear resolution to the case. The suspects who are soldiers—most critically, the five Life Guards—will be handed over to the military for court-martial, rather than be handled by the civilian judicial system.
A court-martial. Swift and clean.
So with the clock ticking, and with the threat of more potential conspirators still at large, the investigators and generals focus all their attention on one man.
To this day, though, one question remains: Of the five Life Guards who are all considered guilty, why single out Thomas Hickey?
This answer isn’t so simple.
For one thing, not much is known about Hickey, as a person or as a soldier, before the events of the conspiracy.
He was originally from Ireland. He served in the British military in the early 1770s, during which time he was sent to serve in the northeastern colonies. At some point around 1774, as hostilities increased between England and the colonies, he deserted the British army and joined one of the colonial militias in Connecticut. Apparently, he lived or was stationed in the town of Wethersfield. From there, he joined the Continental army in the late summer of 1775, along with most of the other new recruits.
When George Washington initially formed the Life Guards in March 1776, Thomas Hickey was among the first group of soldiers selected for this elite unit. The only existing account of Hickey’s appearance describes his “dark hair,” “dark complexion,” and “solid build.” He was apparently a good soldier, and was once described as a “favorite” of Washington’s. During the army’s journey from Boston to New York City, Thomas Hickey may very well have been one of the Life Guards who accompanied Washington.
However, under a bit of scrutiny, Hickey’s character seems questionable. His reasons for originally deserting from the British are not known—but given his later reversal, he seems to lack loyalty to any cause.
In addition, while the crime of wandering around New York City carrying a few counterfeit bills may not be egregious, it does, at the very least, suggest a cavalier relationship to the law and to army regulations. And of course, above and beyond all that, he willingly chose to take part in a traitorous scheme against the Continental army, potentially signing up to kill the one man whom he’d vowed to protect.
As to why Hickey is singled out from the other Life Guards who are also implicated, there are a few possibilities. From the two key witnesses who were first able to name which Life Guards were in the plot—that is, counterfeiter Isaac Ketcham and mill worker James Mason—Thomas Hickey is the only Life Guard to be named by both. For this reason, the legal case against Hickey may have been stronger than against any other single Life Guard.
Another fact that cannot be ignored: Thomas Hickey is an Irishman—originally a native of Great Britain—and a former soldier of the royal army. Hickey’s background, and probably his accent, makes him a convenient public face of treason for an army about to fight a massive battle against British forces. Targeting and punishing a kid from Pennsylvania or Massachusetts might have been a less popular choice.
However, there is one reason why the choice of Thomas Hickey as the “fall guy” for the plot does not initially make sense. To put it simply, one of the other Life Guards, the drummer William Green, seems more deserving in almost every way.
By multiple accounts, Green was the first Life Guard to get involved in the plot when Gilbert Forbes recruited him. According to testimony, Green was the ringleader among the Life Guards who joined, and was even responsible for doling out the payments to the others. Green also seems to have been the most publicly vocal when it came to insulting the Continental army in taverns around New York City.
As if that weren’t enough, Green is also a former British soldier, just like Hickey. Green was originally from England, so even more ripe as a target of prejudice on the part of the colonial officers and soldiers.
Nonetheless, the authorities begin to single out Thomas Hickey as the stand-in for all the Life Guards.
At some point early in the week of June 24, the Committee on Conspiracies starts sharing documents and information with top military officials, no doubt under George Washington’s oversight. Although no records are preserved, a complex coordination must have taken place for John Jay, Gouverneur Morris, and Philip Livingston to provide relevant testimony—as well as the coordination of witnesses and suspects—in order for a court-martial to proceed.
But that’s not all.
Also on Monday, June 24, the Continental Congress in Philadelphia sends a resolution to the New York Provincial Congress, establishing legal parameters for how to prosecute “enemies of the Colonies.” More specifically, they clarify the necessity for punishing a crime that had never existed before in a colonial context: treason.
Until this moment, words like “treason” had a particular meaning. They meant crimes against England, the mother country.
Now, the Continental Congress insists there’s a
new kind of treason: treason against America.
67
One Colonel.
One Lieutenant Colonel.
One Major.
Ten Captains.
These are the thirteen officers who are called to serve in the general court-martial of Thomas Hickey, convened on Wednesday, June 26, at the headquarters of the Continental army, at One Broadway in New York City. In this military version of a trial, these thirteen officers will review evidence, hear witnesses, and determine the verdict and the sentence for the accused.
Also present is William Tudor, the army’s judge advocate—its lawyer, essentially—who will observe the proceedings and serve as legal counsel for George Washington and the army leadership.
As is customary for such proceedings, George Washington himself is not present, nor are his top generals.
Here today in this room, the army will provide Thomas Hickey a chance to defend himself.
To begin the proceedings, the presiding officer of the court-martial, Col. Samuel Parsons, reads the formal charges brought against the prisoner:
Thomas Hickey, a private sentinel in his Excellency the Commander-in-Chief’s Guard.… [is] brought prisoner before the Court, accused “of exciting and joining in a mutiny and sedition, and of treacherously corresponding with, enlisting among, and receiving pay from the enemies of the United American Colonies.”
Interestingly, there is no mention in the charges of a plan to kill George Washington. Despite the growing belief around the army and top officials that such an act was part of the conspiracy, the topic seems to be completely off-limits for the purposes of the court martial. The officers don’t raise it as a question, and none of the suspects or witnesses ever acknowledges the suspicion, whether to confirm or to deny.
Once the charges are read, the proceedings begin immediately. One by one, a total of four witnesses will be called before the military court to testify.
The day starts with a prominent one: William Green, Thomas Hickey’s fellow Life Guard.
In his testimony, Green describes his initial interactions with the gunsmith Gilbert Forbes, explaining what led to the Life Guards getting involved in Tryon’s scheme. For the most part, Green does not downplay his prominent role in helping several Life Guards join a treasonous conspiracy against the leader they were entrusted to protect.
Green’s story starts at the moment he first met Forbes:
[A]bout three weeks ago, I was in company with one Gilbert Forbes, a gunsmith, who lives in Broadway, and we fell into a conversation on politics. I found Forbes’s pulse beat high in the Tory scheme. I had repeated conversations with Forbes afterwards, and he was always introducing politics, and hinting at the impossibility of this country standing against the power of Great Britain. He invited me to dine with him one day; and a day or two after asked me if I would not inlist into the King’ s service.
It was simple, really. Forbes sensed that Green was a corruptible target and recruited him to be a traitor.
Forbes’s promise? Money, of course. He offered it to any Continental soldier who would join the conspiracy.
Green tells the court that he was curious about the source of Forbes’s promised payments. As Green describes it, “I asked him where the money was to come from to pay me for the service; Forbes replied the Mayor would furnish money.”
Once again, there’s the Mayor, David Mathews, implicated as the paymaster in the scheme.
As Green’s testimony continues, he again establishes that among the Life Guards, he was the unofficial leader, in charge of recruiting the others. He states, “Forbes left it with me to inlist and swear the men.”
Green adds that he specifically lured fellow Life Guard Thomas Hickey into the plot. “Hickey agreed to the scheme, but did not receive any money, except two shillings which I gave him.” Hickey was just one of several soldiers and Life Guards whom Green says he successfully recruited. “I enlisted ten or a dozen, and told them all my plan. The prisoner [Hickey] wrote his name upon a piece of paper with five others, which I gave to Forbes.”
Green’s testimony seems strongly incriminating, not just of Hickey, but also of himself. Green does make a feeble attempt to argue that his true motives for joining the treasonous plot were actually patriotic. He says that what he really wanted to do was rip off the people who were running the conspiracy. “I was pleased with the notion of getting some money from the Tories, and agreed to the scheme, with a view to cheat the Tories, and detect their scheme.”
He says he shared this patriotic motive with Hickey. “I mentioned the matter … to Hickey. I told him the principle I went upon, and that we had a good opportunity of duping the Tories.” Green even says that he and Hickey were planning to tell George Washington about the secret plot and were just waiting for the right moment. “I proposed to [Hickey] to reveal the plot to the General, but Hickey said we had better let it alone till we had made further discoveries.”
Taken as a whole, Green’s testimony tells the story of how the Life Guards first became involved in the plot, and the relative roles of Green and Hickey among them.
Now the court is ready to hear from someone even deeper in the conspiracy—one of the key players—to see if the stories match.
Gilbert Forbes, the gunsmith.
At this court-martial, Forbes will testify only to the specific issue of Hickey and the Life Guards; in a few days, he’ll be interrogated again more broadly about the plot as a whole.
There is no record of Forbes’s demeanor, tone, or attitude when he is called to testify during the court-martial. Based on the letter of the testimony, he seems mostly cooperative—unlike his earlier belligerence upon arrest.
In any case, the gunsmith begins by describing his initial interactions with the Life Guards, and his recruitments of William Green. According to Forbes, it all began shortly after George Washington first arrived in New York City, when Green happened to enter the same drinking establishment as Forbes:
A night or two after General Washington arrived in New York from Boston, Green fell into company where I was. We were drinking, and Green toasted the King’s health, and I did so too. A day or two afterwards Green called upon me, and said, that as I had drank his Majesty’s health, he supposed I was his friend, and immediately proposed to enlist some men into the King’s service, and told me he could procure considerable numbers to join him.
Clearly Forbes is trying to paint a different picture from Green’s testimony. The way Forbes tells it, Green was the instigator of the whole thing, and the one aggressively offering to turn his fellow soldiers to the British side. Forbes says that at first, he tried to back away: “I put him off, and declined having any hand in the business.” He says Green kept asking and eventually wore him down. “But in repeated applications from him, I at last fell into the scheme.”
So according to Forbes, he was a reluctant participant, and William Green, the Life Guard, was the mastermind. The problem with Forbes’s version of events is, among other things, it contradicts what almost every other witness and suspect has told investigators. By everyone else’s account, Forbes acted as a key recruiter, was at the center of the plotting, and was a liaison between various parties.
Though when it comes down to it, the difference between Forbes’s and Green’s account is not particularly significant. The end result is still the same: Forbes begins paying Green to be in the scheme, and also to enlist other Continental soldiers, in particular other Life Guards, to join as well.
Naturally, the officers also ask Forbes about Thomas Hickey’s specific role.
According to Forbes, Hickey is one of the first fellow Life Guards whom Green recruited to join them. “In a day or two Green gave me a list of men who had engaged, among whom was the prisoner, Hickey. Soon after which, Hickey asked me to give him half a dollar, which I did.”
Other than this one payment to Hickey, Forbes says that he mostly gave lump sums to Green and let Green funnel the payments to the other Life Guards. “Green
received eighteen dollars, and was to pay the men who inlisted one dollar apiece, and we were to allow them ten shillings per week subsistence money.”
So where does Forbes say he got the money to pay Green to pay the others? Once again, it’s the Mayor—David Mathews. “I received upwards of a hundred pounds from Mr. Mathews, the Mayor, to pay those who should enlist into the King’s service.” After the initial pay of a half dollar or a dollar for each Life Guard, payment would continue at ten shillings a week so long as the recruits swore that they would “play their proper parts when the King’ s forces arrived.”
Certainly, Green’s and Forbes’s testimony is damning for Hickey, because they both clearly name him as a paid member of the cabal.
However, their testimony must also be taken with a certain suspicion. Both of them are a part of the conspiracy, so have a motive to make Hickey look worse in order to take the focus off themselves.
Fortunately, the officers of the court-martial have another witness to call forward who is not himself in the conspiracy, and whose testimony they can therefore trust.
Isaac Ketcham.
Accused counterfeiter, father of six—and jailhouse spy.
68
For the last nine days, ever since he first informed the congress of his alarming conversations with fellow cellmates Thomas Hickey and Michael Lynch, Isaac Ketcham has remained exactly where he was before that momentous day—locked in a cell in the city prison beneath City Hall.
In every other way, however, Ketcham’s circumstances have dramatically changed.
Instead of being a prisoner with little hope of reprieve, Isaac Ketcham is now serving as an informant for the very congress that holds the power to release him—while also gathering top-secret information from Hickey and Lynch in an investigation that could affect the future of the colonies.
Unfortunately, there are no records of the communications between Ketcham and the investigators as he fed them information during those nine days. Since his first testimony, the details of how and when he shared his discoveries with the Committee of Conspiracies are not known.
