Eighty-five years ago today, the state of Georgia executed a gentleman whose most remarkable characteristic to his contemporaries was that he was the onetime Chief of Police of Cleveland, Tenn. — and most remarkable characteristic to posterity is that his name was Homer Simpson.
Despite the inevitable cartoonish riffs in this here post, the Homer Simpson case was a shocking and controversial one. When Simpson was returned to his native Cleveland four days after he died in Georgia’s electric chair, a reported 10,000 souls crowded the funeral, predominantly sharing the sentiment that Simpson’s own father expressed in a subsequent book, The Life and Fate Of Homer C. Simpson: The Man Who Was Electrocuted for a Crime He Did Not Commit.
That father, Jake Simpson, had been a Tennessee legislator who had the opportunity during his single term to cast the decisive vote* cementing not only Tennessee’s ratification, but also nationwide constitutional adoption, of women’s suffrage.
Homer’s vision was not as sharp as his dad’s.
Adrift after a Republican electoral wave swept him out of the sheriff’s office, Homer accepted the invitation of a World War I buddy to hop a train to Jacksonville, Fla. for a dubious “job” just over the Georgia border.
The “job” for Homer was to pose as a wealthy land-buyer in order to lure a local banker off to a lonely property where he could be trussed up while the conspirators emptied his vaults. It was supposed to be a bloodless robbery, but the victim, Carl Arp Perry, energetically fought back when they pulled a gun on him and that army buddy Malcolm Morrow shot him three times.
The bleeding Perry was loaded back into the “buyer’s” car to raid the bank to the tune of $4,600. This was supposed to be the easy part — nobody had a plan B for a mortally wounded man bleeding out in the back. Panicking, they fled back to their safehouse in Jacksonville with Perry still in tow but wrecked one of the two getaway cars. Homer — and again, this man is a former police chief — pulled Perry out and deposited him in the brush near the accident, bustling with his two confederates past a Good Samaritan who had pulled over to find out what was wrong.
The three fled the scene. The Samaritan brought the expiring Carl Perry to a hospital and summoned the police. Perry was a goner but he held on long enough to give John Law a detailed description of that night’s events and of his assailants.
We can see already that former Rep. Jake Simpson’s book implies a far surer claim on innocence than the bare facts might permit for a disinterested observer.
The core argument Simpson pere et fils advanced by way of mitigation was that Homer had no intention of hurting anyone, did not shoot Carl Perry himself, and indeed pled with Morrow at the critical moment to stop firing at their prisoner.
This point does not lack moral weight; in its time, it helped to support a push for a new trial or executive clemency.
As a legal matter, however, Simpson’s fate was determined by the felony murder rule which made all parties to the bank robbery scheme jointly culpable for the homicide that arose out of it. This standard has made a fair few non-triggerman accomplices with even lesser participation than our man here eligible for execution in the U.S. right down to the present day.
And there’s an anti-Simpson case to make as well, beginning with the part where he comes from several states away (bringing guns along with him) and continuing to the part where however sincerely he desired Perry not be shot, he utterly failed to aid Perry once the shooting had occurred. For the state, the acme was dumping the injured man out of the wrecked automobile, presumably to die. (Simpson’s angle was that they were removing him from a dangerous spot and with other drivers stopping Perry was sure to receive aid. So actually, see, they helped him.)
Days before they were to die, Malcolm Morrow unexpectedly confessed to being the sole triggerman in a vain attempt to save his old friend. “I shot Perry and I am willing to take the blame. If Simpson dies for the crime for which I, alone, am responsible, he will be getting a tough break at the hands of the law.” And the governor even took a personal meeting with both men’s mothers hours before the execution.
But there was no relief for either prisoner.
On the day that both Morrow and Simpson were electrocuted, Simpson’s hometown paper The Banner published a last goodbye.
To my dear friends at dear old Cleveland who have been faithful in your efforts to help me: I want to thank each one of you for your kindness in all that has been done both in your petitions and letters, and your faithful prayers. But dear ones it looks like that all is in vain and there seems to be no mercy for me.
After the good jury signed the petition for me and also wrote personal letters in my behalf, and the Chief Justice and his associate justice wrote letters and also went in person to the governor, and said I did not have a fair trial, and also said that according to the laws of the state of Georgia that I did not deserve the death penalty, after all this was done, with the good petitions and letters, and good prayers, I felt encouraged. But after all it looks like I will have to say goodbye to you dear ones.
Now dear kind friends I love you all and appreciate your kindness, but it seems that the time has come when you can do no more for me, and now my last request of you is that please do what you can to comfort and cheer my dear kind old Dad, and my precious darling mother, my sweet sisters and dear brothers, who have been so faithful and done everything that they can do.
He’s buried back home in Fort Hill Cemetery
Homer Simpson’s case has enjoyed a bit of present-day rediscovery. There’s an online book dedicated it; titled The Grave: Murder in the Deep South, it traces Carl Perry’s story and that of his family. A Simpson descendant was also recently reported to be working on a book titled Homer Simpson Must Die.
* Tennessee was the 36th and final state necessary to ratify the 19th Amendment, and the measure carried in Tennessee by one vote: every vote was by definition decisive. The decisivest, though, was that of Mr. (Harry) Burns, who switched his vote at the 11th hour under pressure from his mother.