Free Six Miles to Charleston by Bruce Orr

Roberts who escaped from the Jail in this city on the evening of the 13th were apprehended on Tuesday night and a number of gold pieces and watches were found in their possession.”
    The two men were returned to jail and kept under heavy guard. Both men had the opportunity to escape and flee Charleston. They were given the opportunity, took advantage of it and did indeed escape, but yet both refused to leave Lavinia behind. The breaking of the makeshift rope had left Lavinia to the horrors of the jail, and it appears that John Fisher and Joseph Roberts had spent their brief moments of freedom amassing a bribe similar to the bribe the turnkey received in the Toohey escape. If you recall from earlier, that bribe was $600, two watches and some coins. Perhaps they intended to obtain Lavinia’s release much in the same manner Toohey’s brothers had obtained Toohey’s release.
    Whatever their plans were, the escape sealed their fate with the authorities of Charleston just four months before they were to appear in court again. Then again, their fate may have been already predetermined before they ever reached court and that is why they chanced escape.
    There was great complaining of the condition of the Old City Jail with this escape following so closely on the heels of the Toohey escape. Charleston architect Robert Mills was commissioned to create plans to reinforce and redesign the jail. His additions would be completed in 1822. Mills was perhaps one of the greatest architects of his time. He was well-known for his works in designing courthouses, jails and other buildings in South Carolina. He was known for his expertise in “fire-proofing” buildings in their designs. One of his projects in Charleston is known as the Fire-Proof Building and houses the historical records and documents of the South Carolina Historical Society. In later years, Robert Mills would design the Washington Monument, perhaps his most famous work.
    With this botched escape one begins to see a different John Fisher emerge than what the legend has taught us. It shows a man desperate to save the life of his wife and his commitment to her even at the risk of his own life. Starting with their arrest in the very beginning, his devotion toward Lavinia never waivers. He was a man very dedicated to his wife. John Fisher may have been many things, but he was far from being a coward and he is not the blood thirsty butcher of legend. It is the turning point in the story on a multitude of levels.

C HAPTER 6
    The Sentencing
    C OLONIAL J USTICE E QUALS C OLONIAL C ORRUPTION
    On January 17, 1820, John and Lavinia Fisher appeared before the constitutional court. The following day, the Charleston Courier reported that John and Lavinia Fisher were convicted of highway robbery at the last court of sessions and now had been brought before the constitutional court and received their sentencing under the law. After a motion for a new trial had been rejected and “admonitory addresses” from Judges Colcock and Bay were given, the Fishers were condemned to be hanged on Friday, February 4, 1820.
    What is most notable is the fact that their charges have now been changed from what they were originally convicted of. Remember that they were charged for the crimes of assault with intent to murder and also common assault? They were indicted for those crimes, and they were convicted and sent back to jail to await sentencing. Remember that this was all for the assault on David Ross? Now, sentencing day has come, and they were now being sentenced for a different crime altogether. They were being sentenced for the highway robbery upon John Peoples.
    What had transpired here? They were tried and convicted for one crime against one victim. It was appealed. Their appeal was rejected at this hearing and now, at this same hearing, they are being sentenced to death for a crime against a different victim. They were never tried or convicted of the crime in which they