Lee was born in Abbotskerswell, Devon,
served in the Royal Navy and was a known thief. In 1885
he was convicted of the brutal murder of his employer
Emma Keyse at her home at Babbacombe Bay near Torquay on
15 November 1884.
The evidence was weak and
circumstantial, amounting to little more than Lee having
been the only male in the house at the time of the
murder, his previous criminal record, and being found
with an unexplained cut on his arm. Despite this and his
constant claim of innocence he was sentenced to hang.
Execution and aftermath
However, on February 23, 1885, at Exeter
prison, three attempts were made to carry out his
execution. All ended in failure as the trap door of the
scaffold failed to open. This was despite the fact it
had been carefully tested by James Berry, the
executioner, beforehand.
As a result, Home Secretary Sir
William Harcourt commuted the sentence to life
imprisonment. Lee continued to petition successive Home
Secretaries and was finally released from gaol in 1907.
The only other known man in history to survive three
hangings is Joseph Samuel.
Many theories have been advanced as
to the cause of the failure, but Home Office papers show
that the official report stated incorrect assembly of
the gallows mechanism allowed the trapdoor hinges to
rest upon an eighth of an inch of drawbar, preventing
them from opening when the doors were weighted. This
incident helped lead to a standard gallows design, to
prevent a repeat occurrence.
After his release, Lee seems to have
exploited his notoriety, supporting himself through
lecturing on his life, even becoming the subject of a
silent film. Accounts of his whereabouts after 1916 are
somewhat confused, and one researcher even speculated
that in later years there was more than one man claiming
to be Lee.
It was suspected that he died in the
Tavistock workhouse sometime during World War II.
However, one recent piece of research concludes that he
died in the US under the name of "James Lee" in 1945.
According to the book titled The Man They Could Not
Hang by Mike Holgate and Ian David Waugh, Lee's
gravestone was found at Forest Home Cemetery, Milwaukee.
In the 1970s, Dave Swarbrick (the
fiddle-player in the English folk-rock band Fairport
Convention), found a series of old newspaper articles
about Lee and composed a rock opera entitled
Babbacombe Lee which was recorded and released by
Fairport Convention as an LP.