On this date in 1741, according to Daniel Horsmanden’s relentless chronicle of his pursuit of the great New York slave conspiracy “Duane’s Prince, Latham’s Tony, Shurmur’s Cato, Kip’s Harry, and Marshalk’s York, negroes, were executed at the gallows, according to sentence; and the body of York was afterwards hung in chains, upon the same gibbet with John Hughson.”
Seventeen days have here elapsed since the most recent executions, but despite the lull in corpses New York’s high court has not rested its guard.
Those seventeen days consume 43 pages of Horsmanden’s journal. Roughly half of that space consists of confessions or “confessions”: it was by now obvious that this was the path to safety, and the colonial governor confirmed same by publishing on June 19th an amnesty “offer[ing] and promis[ing] His Majesty’s most gracious Pardon to any every Person and Persons, whether White People, free Negroes, Slaves, or others, who had been or were concerned in the said Conspiracy, who should on or before the first Day of July then next, voluntarily, freely and fully discover, and Confession make, of his, her or their Confederates, Accomplices, or others concerned in the said Conspiracy”
And so Horsmanden’s document grows heavy with lifesaving auto-denunciations. For late June and the first days of July alone we read
Confession of Mink, Negro of John Groesbeck, Before the Grand Jury.
The Confession of Tom, Ben. Moore’s Negro, Before the Grand Jury.
Confession of Wan, Indian Man of Mr. Lowe, Before the Grand Jury.
Confession of York, Negro of Marschalk’s.
Confession of London, Negro of Marschalk’s.
Confession of Pompey, Negro.(Mr. Peter De Lancey’s.) Before One of the Judges.
Confession of Caesar (Alderman Pintard’s) Negro, Before One of the Judges.
Confession of Cato, Col. MOORE’s Negro, Before One of the Judges.
Confessions of several Negroes, Before one of the Judges.
Confession of Starling, Mr. S. Lawrence’s Negro, Before one of the Judges.
The Confession of Quack, WALTER’s Negro. By an unknown Hand.
Confession of Dundee (TODD’s) Negro. Taken by a Private Hand.
Confession of London, (Mr. French’s) Negro, Taken before his Master by a private Hand.
Confession of Jack, (J. Tiebout’s) Negro, Before Alderman BANCKER.
Confession of London, a Spanish Indian (Wynkoop’s) Before one of the Judges.
Confession of Brash, Mr. PETER JAY’s Negro, Taken before one of the Judges.
Confession of Tom, (SOUMAIN’s) By a private Hand.
Examination & Confession of Jack, Mr. Murray’s Negro, Before one of the Judges.
Examination and Confession of Adam, Negro of JOSEPH MURRAY Esq;. Taken before one of the Judges.
Confession of Harry, KIP’s Negro, under Conviction. Before one of the Judges.
Confession of Cato, Mr. Shurmur’s Negro, under Conviction. Before one of the Judges.
Confessions taken this Day by Mr. Nicholls and Mr. Lodge, of the Fifteen following Negroes.
Confessions of the four following Negroes taken by Mr. George Joseph Moore.
Confession of Emanuel, a Spanish Negro, belonging to Thomas Wendover. Taken by a private Hand.
Confession of Cajoe, alias Africa, (GOMEZ’s) By a private Hand.
Confession of Tom, Mr. R. LIVINGSTON’s Negro: Before one of the Judges.
Confession of Pedro (DE PEYSTER’s Negro.) By John Schultz.
Confession of Jeffery (Capt. Brown’s) and Mars (Benson’s) Negroes: Before the Grand Jury.
Confession of Scotland, Mr. MARSTON’s Negro, Before one of the Judges.
Confession of Braveboy (Mrs. KIERSTEDE’s) Before one of the Judges.
Confession of Windsor (Samuel Myers Cohen’s Negro) Taken by John Schultz.
The Confessions of the seven Negroes following, taken by Mr. Nicholls and Mr. Lodge.
Minutes of Othello’s Examination & Confession, Taken before one of the Judges the 29th & 30th June.
Confession of Sam, Negro of Col. FREDERICK CORTLANDT, Before one of the Judges.
The eight following Negro Confessions were taken this Day by Mr. Nicholls and Mr. Lodge.
As each in turn named his names, the city hall’s cellar gaol grew overcrowded with plotters, some hundred or more in total as June ended. “Between the 19th and this day,” Horsmanden remarked in his June 27th entry, “there were upwards of Thirty Slaves more added to [the dungeon], insomuch that the Jail began to be so thronged, ’twas difficult to find Room for them.”
[W]e were apprehensive, that the Criminals would be daily multiplying on our Hands; nor could we see any Likelihood of a Stop to Impeachments; for it seemed very probable that most of the Negroes in Town were corrupted.
The Season began to grow warm, as usual; and … ’twas feared such Numbers of them closely confined together, might breed an Infection.
The spiraling investigation was not only a risk to public health: slaves were valuable property, too valuable to put to the torch without excellent cause. In New York Burning, Jill Lepore estimates that New York had perhaps 450 or so adult black men at this point, and about 200 of them were at some point implicated in the sedition. Horsmanden wasn’t kidding when he fretted “most of the Negroes in Town.”
Facing a potential bloodbath of truly horrifying expense, New York at this point began to pull back — it’s cold comfort to those still doomed like today’s quintet, but today’s mass hanging puts the affair onto the downslope.
On July 1 the colony’s chief justice, James De Lancey, returned from a mission mediating a Massachusetts-Rhode Island boundary dispute that had kept him away from New York for several months.
During De Lancey’s absence the entire progress of the arson scare and its subsequent investigations had unfolded. It had been spearheaded by a junior justice,* our correspondent Daniel Horsmanden.
Horsmanden compiled his The New York Conspiracy, or the History of the Negro Plot in 1742, and was keen to vindicate himself in an event that had obviously become controversial to his contemporaries — so Horsmanden’s account tends to efface the personal role of Horsmanden himself in preference to the institutional authority of the court as a whole.
Nevertheless, to a very great extent the judicial proceedings that turned New York upside-down in 1741 were Horsmanden’s own baby. He’s the chief investigator and interrogator; the confessions above taken “before one of the judges” were taken before Horsmanden. Others he won indirectly (“JOHN SCHULTZ made Oath, That whereas by the Judge’s Orders he took a Confession in Writing from the Mouth of Pedro …”) or secured for open court as a consequence of his private interrogations. A few times he even refers in the third person to actions of the “City Recorder”, which was a municipal office that Horsmanden himself also held.
Not incidentally, Horsmanden was also a man on the make: an arriviste English gentleman induced to try his fortune in the New World after meeting ruin in the South Sea Bubble. De Lancey, by contrast, was fruit of New York’s wealthiest family and an experienced hand in colonial politics. He’s too smooth to have given us a paper trail, but the space between the lines suggests that De Lancey may have returned to bring Horsmanden’s ship into the shore.
On July 2, the chief justice sat in court for the first time in this affair, ordering “Will, WARD’s Negro” to burn without wasting time on a trial. Indeed, although our series is not yet at its end, the negro plot trials are virtually finished once De Lancey returns; his court thereafter opens its daily proceedings only to adjourn, or to collect the pro forma guilty pleas and submissions to mercy of fresh batches of slaves — few of whom are now suffered to submit new confessions that would inevitably denounce new victims. The De Lancey court’s chief business becomes throttling down, emptying its docket, and arranging its inconvenient and unsanitary legion of basement prisoners for release or penal transportation.
But there were still loose ends to tie off, and the credibility of the court could scarcely admit abrupt reversals of what had already transpired.
Despite the amnesty, York (Marschalk’s),** Harry (Kip’s) and Cato (Shurmur’s) all happened to be convicted on the 19th. Discovering hours too late that the governor had extended his reprieve offer that very day, they immediately tried to clamber into safe harbor by admitting what they had already been condemned for — “THAT what was said against him at the Trial Yesterday, was true” — “That all that the Witnesses testified against him in Court on his Trial was true” — “THAT all the Witnesses who spoke against him at his Trial, spoke the Truth.” But that wasn’t good enough to save them, since their confessions post-conviction were not free and voluntary discoveries.
Tony and Prince, who shared their gallows but with whom this author would better share a foxhole, were proud and steely enough to venture a trial on June 26th in the midst of the amnesty window. It was a potential mass trial save that 12 other co-defendants opted out of simply by submitting confessions. Our two holdouts faced a cavalcade of slave accusations supplemented by the white arch-accuser Mary Burton and “asked the Witnesses no material Questions; upon their Defence, they only denied what had been testified against them.” New York executed these courageous men, of course.
According to Peter Zenger’s Weekly Journal (July 6, 1741), none of those executed on June 3 “acknowledg’d any Guilt; but by their Prevarications their Guilt appear’d too plain than to be deny’d” — a fine barometer of the prevailing climate — and one (unspecified) slave survived his execution and “after he had hang [sic] the common Time, or rather longer, when he was cut down, shew’d Symptoms of Life, on which he was tied up again.”
* Horsmanden was actually 12 years older than De Lancey, but outranked by De Lancey in stature and precedence.
** Another of Marschalk’s slaves named London was convicted along with York, Harry, and Cato — and subsequently confessed under exactly the same circumstances as his three hanged mates. It is unclear from Horsmanden’s record why London was spared but York was not merely hanged but gibbeted; one wonders whether the double financial hit to Mr. Marschalk might not have been the consideration — and if so, whether the master had to make an off-the-record Sophie’s choice between his men. Whatever the case, London was among a large number of slaves recommended on July 4 for transportation which had the effect of ridding New York of their seditious presence while also allowing their owners to recoup their sale value.
Corrupt and degrading political associations such as pervade the larger American cities have their natural result in the career of the wretch who expiated his crimes upon the gallows in this city to-day.
He bore the name — Heaven save the mark! — of George Washington Fletcher. Born of a good, respectable family, with a brother an exhorter in the Methodist Church, he has been the black sheep of the flock.
Obstinately repelling all good influences, he has deliberately followed a life of crime from boyhood up, and nothing so well shows the depths to which local politics in this city have sunk as the fact that this man was able defiantly to pursue the life he did merely because he had political friends whose dirty work he did.
Secured immunity from punishment by the small fry ward politicians to whom his aid was valuable, this man was nurtured in the belief that for him the law could have no terrors that “influence” could not remove. The leader of a gang whose services as repeaters at the polls in the interest of a corrupt ring of so-called republicans, Fletcher found that he could defy the law and its officers.
His history is a catalogue of offences against the law, but its sudden ending in the midst of his career, in the very prime of life, proves that justice does not always sleep in Philadelphia, even when a politician is the transgressor.
Fletcher was born in a portion of the city called Southwark in 1845. He was only eleven years of age when his innate cruely of disposition showed itself in cutting off pigs’ tails at a pork packer’s yards. He was committed to the House of Refuge for this offence, was soon released and was a couple of years later engaged in a row with a colored boy named Robert Clayton, now living in Atherton street, near Fletcher’s old home, and gave him a serious stab in the side with a knife.
About this time the rebellion broke out, and Fletcher followed the First Pennsylvania Reserves to the Army of the Potomac, deserted and afterward became what was known as a “bounty jumper.”
At the close of the war he shiped in the navy, and was drawn to fill the Swatara‘s quota, one of the vessels which accompanied Admiral Farragut‘s fleet to Europe. On their homeward cruise he deserted from the Swatara at Antwerp. He swam ashore. He then made his way to Liverpool, from which place he worked his passage to Philadelphia on a merchant ship.
Fletcher and James Hanley had both been runners with the Marion Hose, of the old volunteer fire department, and on the formation of the paid department both secured positions. The two had been companions in boyhood, but had grown up very different in character, Fletcher having become a young “rough” and political “striker,” and Hanley a quiet, inoffensive, sober and industrious young man.
Fletcher and his chosen companions planned a series of robberies, but obtained amateur “kids” to perform the dangerous work, while they obtained the “swag” and divided the profits among themselves.
Fletcher’s later career as a fireman was marked with acts of violence, one of which was the shooting of a companion named Stark, which occurred some time previous to the murder of Hanley. This case was settled, like many others in which he was involved, and never reached the courts.
OUT OF EMPLOYMENT.
Fletcher and his early companion Hanley appeared to continue on friendly terms until the spring of 1874, when Fletcherwas arrested, charged with having committed an outrage on a girl about fourteen years of age, named Mary Elizabeth McHugh.
On the 27th of April, 1874, the Grand Jury found a true bill against him on this charge, and he was tried three days after and acquitted, but the accusation cost him his position in the Fire Department. After losing his situation Fletcher was for a long time out of work. He complained greatly of his troubles and placed the entire blame on Hanley. He frequently made threats that he would kill him, and his desire for revenge increased as his repeated efforts to have himself reinstated in the Fire Department were unsuccessful.
On election day, November 2, 1875, the day before Hanley was murdered, Fletcher attempted to vote illegally at a poll in the First war. Frank Wilcox, residing in Redwood street, interposed objections, whereupon the fireman rough levelled his pistol and fired directly at him, but the motion of a friendly hand caused the barrel to point downward, and the ball lodged in Wilcox’s foot. That same day, with pistol in hand, Fletcher was scouring the vicinity of the “Neck” with the intention of killing one Antonio Hale.
HIS LAST CRIME.
Shortly before eight o’clock on the evening of the 3d Fletcher visited the engine house to which Hanley was attached.
At the door he met one of the members named Pinker, of whom he inquired, “is Jimmy Hanley up stairs?”
Pinker replied that he was.
“Then,” returned Fletcher, “tell him to come down; I want to see him.”
Pinker replied, “No, I won’t, George, because if he comes down here there will be trouble between you and him.”
Fletcher replied quickly, “Oh, no there won’t; I saw him up town to-day and we made up.”
“All right, then,” said Pinker, “I will call him,” and he then called up stairs.
Hanley was reading a book, but laid it down and came down stairs immediately. The words, “How are you to-night?” passed between him and Fletcher, and they went toward the the outside together in a friendly way.
Hanley leaned against the jamb of the door, and as a drizzling rain was falling Pinker asked him if he had not better put a coat on. Hanley said yes, and asked Pinker to get him one.
The latter took a coat from the truck and advanced with it to Hanley, telling him where to place it again when he was done with it.
Hanley had just raised his arms to pull the coat on when Fletcher drew a small pistol and fired. The ball entered Hanley’s left breast, cut through the lung and passed into the heart, and, reeling back into the engine house, the wounded man exclaimed that Fletcher had shot him, and fell. Pinker and some of the other firemen lifted him and carried him up stairs to a lounge, on which he expired in about five minutes.
Fletcher was at once arrested. His trial took place a few weeks later, and, a verdict of guilty of murder in the first degree having been agreed upon by the jury and a new trial refused, Fletcher on the 12th of February was sentenced “to be hanged by the neck until dead.” The Governor nixed fixed just one year ago for the execution, but through the legal delays and arguments in the Supreme Court the execution was postponed.
Since Fletcher’s conviction the most strenuous efforts have been made to secure his pardon, mainly by politicians, in whose behalf he has often rendered important services at the polls.
James H. Heverin, the prisoner’s counsel, has also labored most faithfully in behalf of his client, not ceasing his endeavors to procure a pardon or a reprieve until within twenty-four hours of his death.
HIS LAST HOURS ON EARTH.
Recently the conduct of the condemned man has undergone a change under the ministrations of the Rev. Camp, the Methodist preacher, who has been in faithful attendance upon him.
Fletcher leaves a wife and three children, aged respectively five, three and about two years, all of whom have been frequent visitors to him and have had a softening effect upon him.
He has gradually come to be repentant for his crimes and to take comfort in the consolations of religion. Yesterday he was visited for the last time by his family, his counsel Mr. Heverin, Rev. Dr. Westwood, George H. Stuart and others. His last farewells are said to have been very touching.
Fletcher went to sleep about ten o’clock last night and slept soundly for five hours. His spiritual advisers were with him until he retired, and he prayed fervently with them.
When he awoke this morning, at half-past three o’clock, he lit a cigar and sat on a stool in a thoughtful mood. He talked to Keeper Everly of his death, and said he was prepared to die.
“In three or four hours,” said he, “I shall be in heaven.”
Early this morning he was visited by Rev. Messrs. Camp and Pearce, and sang with them in a clear, loud voice, the “Crucified One,” one of Moody and Sankey‘s hymns, commencing, “It is the promise of God full salvation to give,” which seemed, of all sacred pieces, his favorite one.
His voice rang out clear in the corridor, and the prisoners near him must have distinctly heard it, for his door was partly open. His brother-in-law paid his farewell this morning.
The Sheriff and his party arrived at the prison at eighteen minutes before ten o’clock, and upon being told that his counsel were among the visitors Fletcher sent for them.
An affecting interview was the result, all of the party, including ex-Sheriff Leeds, coming out of the cell with their eyes full of tears.
The scaffold was erected in the convict’s corridor. At ten minutes past ten Fletcher was brought from his cell, and the dismal procession walked to the gallows.
As Fletcher stepped on the fatal trap and faced the spectators below he bore a subdued expression, but displayed no sign of trepidation. A neat black suit* gave him a somewhat clerical appearance, which was heightened by his attitude, his hands being peacefully clasped together, while his head slightly inclined as Mr. Camp prayed fervently that as God had permitted His Son to die for sinners and that whomsoever believeth in Him shall have everlasting life, so might His servant, George Fletcher, have his sins pardoned and be admitted to everlasting life.
Then the doomed man, still betraying no sign of wavering, shook hands with the clergymen, the Sheriff and others, and straightened himself up, while the noose was adjusted, his hands manacled behind his back, and the white cap drawn over his face.
He was then left alone on the scaffold, and all but one of the supports under the trap door on which he stood removed.
Rev. Mr. Camp then lifted his voice in a final prayer, saying, “Now, Lord, we commend the soul of George Fletcher to thine everlasting care. Lord Jesus, receive his spirit, in the name of the Father, Son and —-” He had progressed thus far when he was interrupted by the springing of the trap by the Sheriff, who, by pulling the rope, had pulled away the last upright, and Fletcher’s body fell with a jerk.
STRANGLED TO DEATH.
The trap was sprung at eighteen minutes past ten.
The neck was not broken, and the poor man died slowly by strangulation.
At twenty-five minutes past ten, seven minutes after the fall, the pulse was beating 140 to the minute. It lessened rapidly, but it was not until thirty-five minutes past ten, or seventeen minutes after the fall, that the pulse and the heart ceased their action.
The body was then cut down and taken to the deadhouse, where the physicians formally declared death to have resulted from strangulation.
* The suit was provided courtesy of one of Fletcher’s old political bosses, Jesse Tettermary — a little investment in the future loyalty of his other muscle, perhaps. (Per The North American, June 11, 1877)
From the very first volume of the Transactions of the American Ophthalmological Society, spanning 1864 to 1871. The society, and the journal, are still going strong.
The ellipses omit three other hangings investigated by Dr. Dyer.
FRACTURE OF THE CRYSTALLINE LENS IN PERSONS EXECUTED BY HANGING.
By E. Dyer, M.D., of Philadelphia, Pa.
Three years ago I presented to the Society the result of the examination of the eyes of a man who was hanged, also some experiments on the effects of hanging on the crystalline lens of the dog. In the case of the man the anterior capsule and the lens of the right eye were fractured. The direction of the fracture was horizontal and a line below the centre, extending as far back as the middle of the lens. In the left eye the anterior capsule only as involved. In one dog the same conditions were found, in another only one lens was fractured, and in a third no lesion was detected.
Since then I have experimented on rabbits. Two were hanged and four were strangulated. The trachea in two of the latter were laid bare and tied, but no fracture was detected in any case. Drs. S.W. Mitchell and W.W. Keen, who assisted me at the experiments on the dogs, were present.
The following are the notes of several executions at which I have been present since my report of the case already mentioned. I have been able to examine the eyes of the criminals both before and after death.
Gottlieb Williams, aet. 34, was executed in Philadelphia, June 4, 1867. Drop four and one-half feet; the knot slipped so as to be under the occiput; suspended thirty minutes; convulsive movements lasted five minutes; neck not dislocated.
Examination at 11.54 A.M., five minutes after the body was cut down. Appearance of eyes natural; no protrustion; no injection of conjunctival vessels, corneae clear.
Right eye, pupil well dilated; media clear. Small point seen on the anterior capsule of the lens in the median line, just above the margin of the pupil. At 12, M., spot more distinct; at 12.26 P.M., spot still present, somewhat elongated. Optic nerve normal; retinal vessels small.
Left eye, pupil smaller than the right; cornea clear; lens in normal condition; optic nerve normal; arteries small. I was not allowed to remove the eyes.
Drs. H. Yale Smith, physician to the prison, W.W. Keen and J. Ewing Mears assisted me in the examination.
This unpleasant series of investigations has been pursued ith the hope of throwing some light on the vexed question of the mechanism of the accommodation, but as yet without any satisfactory result.
On this date in 1942, red-haired Robert S. James became the last man judicially hanged in the state of California. He’d earned the noose three times over. The press called him “the Diamondback Killer” or “Rattlesnake James”.
“Robert James,” records Robert Keller in his book 50 American Serial Killers You’ve Probably Never Heard Of, Volume Five, “must rank as one of the most creative killers in the annals of American crime. Not content with such mundane methods as shooting, stabbing or strangling, James resorted to such inventive devices as auto wrecks, drowning and rattlesnake bites.”
James’s cunning homicides and his proclivity for cross-country travel meant his crimes went unnoticed for years.
Born Major Raymond Lisenba in 1895, he seemed destined to a hardscrabble life of Alabama sharecropping like his parents until his brother-in-law paid for him to go to Birmingham and attend barbering school.
In 1921, at age 26, Lisenba married. His wife quickly left him, however, and filed for divorce, citing extreme cruelty. James moved to Kansas and married again, and began an affair with a young local girl. He made her pregnant, and after her father showed up at his barbershop with a shotgun, Lisenba skipped town and moved to Fargo, North Dakota, abandoning wife no. 2. He also changed his name.
From here on out, he goes by Robert S. James.
In 1932, “Robert” married Winona Wallace and took out a life insurance policy on her. After three months of wedded bliss, they went on an outing to climb Pike’s Peak. During the journey, though, the couple was in a single-car accident and Winona sustained a serious head injury, while her husband was completely unharmed: he had jumped out of the out-of-control vehicle just before impact.
The police who responded for some reason thought nothing of the bloodstained hammer they noted in the car’s back seat.
Although Winona’s head wound was grave, she pulled through, and was discharged from the hospital after two weeks, with no memory of the accident. She never recovered that memory because shortly after arriving home she drowned in her own bathtub. Her husband suggested she had still been suffering vertigo from the head injury.
James collected on Winona’s $14,000 life insurance policy, moved back to Alabama and married again. He found he was unable to take out a policy on the new wife, however, and filed for an annulment on the very day of their wedding.
Undaunted, James turned his attention to his nephew, Cornelius Wright. He insured the young man, with double indemnity in case of accidental death, then invited him over to visit. During the visit, James lent Cornelius his car. Cornelius drove it off a cliff and was killed.
The insurers paid.
Curiously, James sent a telegram to his sister informing her of her son’s death before it actually happened.
James moved to Los Angeles and married a fifth time. It was wife #5, Mary Busch, who proved to be his undoing.
In 1935, James conspired with an acquaintance named Charles Hope to murder Mary. They decided to use rattlesnakes, and Hope obtained two large Colorado diamondbacks to do the job. The snakes had names: Lethal and Lightning. They performed well in field tests on chickens.
Mary was pregnant at the time, and James convinced her to get a home abortion. To this end, she allowed herself to be tied to a chair, blindfolded and gagged for the procedure. Her husband then forced whiskey down her throat to quiet her, and he and Hope shoved her bare foot into a box containing the rattlers.
They left her there to die, but when they returned later, Mary was still alive, although had been bitten three times. James dragged her into the bathroom and drowned her in the tub, then he and his accomplice threw her body into an ornamental fish pond on his property.
Then James called the police to report the tragic accident.
Authorities who arrived at the scene found Mary lying in very shallow water. Her grieving widower mentioned she had dizzy spells quite often and would fall down. The police speculated she might have been bitten by a rattlesnake and then, in shock, stumbled into the pond. They did a search of the property and did find something strange: a bottle containing black widow spiders, hidden in a corner of the garage. But what did that have to do with anything?
Mary’s death was ruled accidental and James collected yet another insurance payout.
He appeared to have gotten away with it again.
However, several months later, it came undone.
A sharp insurance investigator found out about James’s previous wives and the fact that one of them had drowned after being heavily insured. The investigator informed the police, who bugged James’s house and discovered he was committing incest with his niece.
This was a crime in California, although she was a legal adult. The police hauled him in for questioning. “Interrogation techniques,” remarks Keller, “were somewhat more brutal than they are today and under questioning, James let something slip about Mary’s death. Investigators immediately seized on this and eventually extracted a confession.”
Charles Hope’s role in the crime came out — he’d been paid $100 for his assistance in the murder — and he turned state’s evidence and was sentenced to life in prison. During the trial, Lethal and Lightning were presented as evidence, and Lethal caused a bit of a stir in the courtroom when it escaped during lunch.
The Los Angeles Times notes, “Columnist Walter Winchell dropped by the courtroom; so did actor Peter Lorre, who studied James’ impassive face and beady eyes for one of those psychotic killer roles he often played.”
James was inevitably convicted of Mary’s murder and sentenced to death, but prolonged his life with a few years of appeals. In Lisenba v. California, the Supreme Court upheld his confession in spite of the third-degree methods by which it was obtained.
The lag from trial to execution caused by Rattlesnake’s judicial review, however, made him by the time of his hanging the last convict whose death sentence predated California’s adoption of the gas chamber. California was executing in volume at this period, and almost all by gas: everyone knew as Robert James went to the gallows that he was to be the last to die on that anachronistic device.
And the executioner — who to be fair was probably out of practice — underscored the reason for that shift by botching the job, leaving his prey to strangle to death for ten ghastly minutes. San Quentin‘s warden, Clinton Duffy, an opponent of the death penalty described the hanging to reporters but his story was deemed too graphic to be printable. In this more permissive age we can use it with impunity … but it’s liable to put you off your appetite.
The man hit bottom, and I observed that he was fighting by pulling on the straps, wheezing, whistling, trying to get air, that blood was oozing through the black cap. I observed also that he urinated, defecated and the droppings fell on the floor, and the stench was terrible. I also saw witnesses pass out and have to be carried from the witness room. Some of them threw up. It took ten minutes for the condemned man to die.
When he was finally dead enough to cut him down, “big hunks of flesh were torn off” James’s purple face; “his eyes were popped,” and his tongue “swollen and hanging from his mouth.” (source)
It is said on the 7th of last May, the day before the execution of Mose Caton, [Robert] Fowler danced a jig on the gallows and said:
“Well, within twenty-four hours Caton will be in hell,” and a short time after the execution remarked: “Who in the hell will be the next one?”
-St. Louis Globe-Democrat, April 24, 1886
You know what they say: if you have to ask …
Robert Fowler was an irascible Union County, Ky. man who had gone to work on a farm, fallen for the farmer’s beautiful daughter, been spurned, and pulled the old Humbert Humbert by instead marrying her 49-year-old widowed aunt.
But Fowler continued to nurse an unrequited lust for 18-year-old beauty Lida Burnett, and it would eventually prove fatal to them both. Fowler ditched her aunt at one point to take another run at the girl, failed, returned to the aunt, and finally jealously threatened Burnett that he would kill her should she make an engagement with anyone but himself.
So Fowler was the natural suspect* when Miss Burnett — having defiantly pledged someone her troth — set out on horseback from her cousin’s house one evening and never made it home.
The ensuing search turned up the poor young lady’s remains, nearly headless from two deep gashes in her throat. News reports from the period are oddly mixed on the question of whether she had been ravished, too.
Fowler’s residence yielded up bloody clothes, still wet from the killer’s attempt to wash them out. “It is thought,” reported the Globe-Democrat blandly on Aug. 19, 1885, “that he will be lynched to-night.”
Contrary to expectations, Fowler survived long enough to let the law take its course. He acknowledged his guilt on the scaffold before a reported crowd of 5,000 or more in Morganfield, who got two hangings for the price of one after Fowler snapped the rope and fell to the ground the first time he was dropped.
* Actually, he was the third suspect: two black men who’d been seen in the vicinity were investigated first.
Berlin’s policy, too, was for an independent Slovakia — in fact, more stridently than Tiso himself, who mapped as a moderate within his own party, more supportive of gradual methods than revolutionary ones. “A Czech state minus Slovakia is even more completely at our mercy,” Goering mused in October 1938. “Air base in Slovakia for operation against the East very important.”
In secret negotiations with Slovakian leaders during the autumn and winter of 1938-39, the Third Reich’s brass made clear that its intention to guarantee Slovakia’s independence was an offer that could not be refused. When Slovakian separatist movements triggered the Prague government’s military occupation of Slovakia on March 9, 1939, Tiso was summoned to Berlin where Hitler gave him an ultimatum on March 13:
The question was: Did Slovakia want to lead an independent existence or not? … It was a question not of days but of hours. If Slovakia wished to become independent [Hitler] would support and even guarantee it … (Shirer)
The next day, Tiso was back in Bratislava, reading the terms to the Slovak Diet — with the clear undertone that the deed would be accomplished by Wehrmacht boots if it were not done by parliamentary votes. Tiso became the Prime Minister of the First Slova Republic that very evening (he became President later in 1939), and soon implemented an enthusiastically rigorous anti-Semitic line. (Tiso had been on about the Jews right from the start of his public career in the early 1920s.)
Slovakia is not a populous country, so its deportations made only a modest contribution to the Holocaust in absolute numbers. But from a prewar census population of 88,951 Jews, some 70,000 were deported to German camps and over 90% of these died. Thousands of others fled Slovakia as refugees; today, Slovakia’s Jewish populace has all but disappeared.
Captured in Bavaria after the war, Tiso was extradited by the Americans back to Communist Czechoslovakia where a court condemned him for collaboration, judging that he had been “an initiator, and, when not an initiator, then an inciter of the most radical solution of the Jewish question.” He was hanged in his priestly garb three days after that verdict.
On this date in 1841, Peter Robinson hanged for a New Jersey murder. Little could he have imagined that he was on his way to the literary canon.
A wealthy merchant and banker named Abraham Suydam had disappeared, and suspicion quickly settled on Robinson — one of his debtors, who suddenly seemed to be a little bit flush with cash and a timepiece too rich for his station in life.
Robinson was arrested and examined before the Mayor of New Brunswick, and from his confused manner and contradictory statements, it was determined that his house should be searched. Accordingly the Mayor, accompanied by several constables, and a number of citizens, proceeded to Robinson’s house for the purpose of searching it. Every room, nook and corner in the upper stories of the house were searched, but without success. At last one of the constables proposed to adjourn to the cellar and see what could be discovered there. This proposition caused the greatest trepidation on the part of Robinson, who strongly remonstrated against it.
He stated that if the floor of his cellar was removed, it would endanger the safety of the building, and there was no telling what would be the consequences. This only made the party feel the more convinced of Robinson’s guilt, and they immediately commenced operations removing the plank of the cellar. A few boards and the earth underneath only had been removed, when the dead body of the unfortunate Mr. Suydam, to the astonishment of all present, was found. His skull was found to be dreadfully fractured, and his head was horribly disfigured by the marks of blows which had been inflicted on it. From the state of his body, it is supposed that he was murdered eight or nine days ago. (New York Commercial Advertiser (Dec. 15, 1840.)
It is commonly thought — thought there does not appear to be any direct evidence for it — that this nationally infamous body-under-the-floorboards murder helped to inspire Edgar Allan Poe‘s classic short story “The Tell-Tale Heart”.*
Published in January 1843, “The Tell-Tale Heart” features a young man who murders an old man, stashes his body under the floor, then pleasantly dissipates the suspicions of the police until a sensation of the victim’s heart noisily throbbing overwhelms him into a confession:
Was it possible they heard not? Almighty God! — no, no! They heard! — they suspected! — they knew! — they were making a mockery of my horror! — this I thought, and this I think. But anything better than this agony! Anything was more tolerable than this derision! I could bear those hypocritical smiles no longer! I felt that I must scream or die! — and now — again! — hark! louder! louder! louder! louder! —
“Villains!” I shrieked, “dissemble no more! I admit the deed! — tear up the planks! — here, here! — it is the beating of his hideous heart!”
Poe’s nameless character denies a motive for the crime, attributing it only to the victim’s “eye” — a mythologizing device which has surely aided the story’s longevity.
Object there was none. Passion there was none. I loved the old man. He had never wronged me. He had never given me insult. For his gold I had no desire. I think it was his eye! — yes, it was this! He had the eye of a vulture — a pale blue eye, with a film over it. Whenever it fell upon me, my blood ran cold; and so, by degrees — very gradually — I made up my mind to take the life of the old man, and thus rid myself of the eye forever.
But if Robinson was the source material, the occult power of the old man’s “eye” was nothing but the oldest motive in the world: plain old luchre.
In 1839, Robinson had borrowed $400 from Abraham Suydam to buy a lot and begin construction of a home upon it, but soon found himself (to use a familiar but anachronistic parlance) underwater.
“Every one to whom I owed a few dollars was after me to sue or get me to give my furniture for the debt,” Robinson recounted in a tearful confession 48 hours before his hanging. (We excerpt it here from the April 17, 1841 Baltimore Sun.) “I did so; I did all that I could; I was driven nearly crazy by these debts … I let them take my furniture until there was scarcely any thing left in the house; and I was ashamed to let any one come into it to see how very poor we really was, and how bad off.”
The harrying of creditors and the passion of the crime seem to have left the murderer’s mind awash in dollars and cents.
Even facing a far more considerable penalty than bankruptcy, Robinson’s confession is obsessed with the winnowing margins of his former debts; scarcely a paragraph elapses without citation of a meticulous mental ledger-book. Robinson recalled the bills incurred to construct his home (“I bought about $250 worth of lumber … The mason work was done for me by Mr. Chessman; for this I was to pay Mr. C. $210. I paid him $110 in cash, and gave him a mortgage for $100 … I had bought some sash frames for my house of a man, and they came to $22.25″ …). He dwelt on his negotiations with Suydam and complained of the lender’s tightfistedness; he recalled the precise value of what he was able to steal from Suydam’s body (“$10 in money, not a cent more … [in] his pantaloons pockets … only two shillings and a penknife”) and the expenses incurred to evade justice (he offered his brother $50 to burn his house down for the insurance, then took a bath unloading Suydam’s gold watch — it “was worth double what I got for it”); yet even so, he was still a little proud of his diligence assailing his debt, in contrast with “Thorne who bought a lot close by mine” and with whom “Mr. Suydam got out of patience.” The killer even had the brass to pat himself on the back for not destroying the papers Suydam had on him: thus, “the relations of Suydam, and his friends, can’t say that they lose any money by the murder.”
At this time I took up a mallet, which I had placed in the basement ready to knock him over with. I then went into the front basement, Mr. Suydam in front of me. I followed behind with the mallet in my hand, he not noticing the same. My intention then was to murder him in the front basement — but my heart failed me. We then went up stairs again in the back room, I carrying the mallet against the palm of my hand. We stood by the fire talking about the house. He was there nearly fifteen minutes. I stated that my wife staid a long time.
He told me that he would go out and take a wall, and return again. He started to go, and I followed, until he got just through the doorway of the back room, which is within three or four feet of the back door, in the entry. I then knocked him down on his knees with the mallet, by striking him n the back of his head, through his hat. He undertook to rise, when I struck him again on the head, and he fell over, and laid still and senseless. I then supposed he was dead, and laid the mallet down; I then went and turned the button of the front door, which all this time was unfastened; and I went down into the front basement. I then went to work and began to dig a small hole; after I had been digging for two minutes, I thought I would not leave the body up stairs; so I went up stairs to bring him down. I saw him on his hands and knees, with his face and hands all bloody. He cried out, “Oh! Peter!” once or twice. Had he begged for his life then, I believe I should have let him off; but I did not want to drag him down stairs alive, and I didn’t want to see him linger there in misery; so I seized the mallet, and again struck him on the head, which knocked him perfectly dead, as I supposed. …
I discovered a chain hanging out of his pocket, and drew from it his gold watch, and put it in my own pocket. I then dug the hole larger, and in throwing out the dirt I threw about half a load of it on his body and head, which completely covered it. He then groaned a little, but I shuddered to hear him, and so I got out and stood upon the dirt and on his head to smother him! He then groaned so hard that I got off from him and struck him with the edge of the spade upon the head, which sunk completely to the brain, and which killed him instantly! …
I now felt as if my heart was completely black, and I was so hardened and callous, and yet so cool and deliberate, that I could have murdered many more. I could, without flinching or hesitating, have killed twenty men if they had come on me one by one.
I don’t believe that I was over a half hour doing the whole exercises of the whole thing! For I had a kind of knack of doing work somehow that others hadn’t. And why, sir, I’ve took hold of floor plank before now, and done forty-five of them in one day, that is, planed and ploughed and grooved them; whereas from sixteen to eighteen is a day’s work for some men.**
As if to complete the American Gothic quality of the crime, Robinson fell through the rope on the first attempt to hang him, then painfully strangled to death on the second try.
* Poe took up a very similar theme — the criminal psychology of a domestic murder concealed by subterranean immurement — later that year in “The Black Cat” (published in August 1843).
** His last wish in this confession: “whatever you do, don’t let the doctors get hold of me and make medicine of me.”
On this date in 1356, the French King John II — John the Good, to history — avenged himself on his cousin and rival, Charles the Bad.
This affair embroils us in the French dynastic turmoil that spawned the Hundred Years’ War: five months after the nastiness in this post, King John was an English prisoner following the catastrophic Battle of Poitiers. It’s a good job he got his revenge in when he had the chance.
The fight — in its largest sense — was all about the throne of France, the poisonous fruit of the dynasty-destroying Tour de Nesle affair of royal adultery decades before. That affair destroyed two princesses who could have become queens, and with it the potential of legitimate heirs for their husbands. With the family tree’s next generation barren, succession passed from brother to brother until the last brother died.
So now who’s big man in France?
Awkwardly, the last king’s nearest male relative also happened to be the king of France’s rival — his nephew, Edward III of England.
France barred Edward with a quickness, on the grounds that Edward was related via a female line. That put the patrimony in the hands of John the Good’s father, a previously un-royal cousin known as Philip the Fortunate. Less fortunately, this succession also conferred upon the new Valois line Edward’s rival claim and the associated interminable violent conflict.
Besides these two, there was yet another cousin who aspired to the French scepter: our guy Charles the Bad, King of the Pyrenees-hugging realm of Navarre. This guy’s mother had her legitimacy cast in doubt by the whole adultery thing years ago, and her woman bits had ruled her out of ruling France — but not Navarre. (No Salic Law in Navarre: a digression beyond this post.)
So Charles, her son and heir in Navarre, was at least as close to the Capetian dynasty as were his cousins — and maybe closer. He was also “one of the most complex characters of the 14th century,” in the judgment of Barbara Tuchman (A Distant Mirror: The Calamitous 14th Century). “A small, slight youth with glistening eyes and a voluble flow of words, he was volatile, intelligent, charming, violent, cunning as a fox, ambitious as Lucifer, and more truly than Byron ‘mad, bad and dangerous to know.’”
“His only constant was hate.”
And Charles sure hated King John. Was it the political rivalry? The daughter John had foisted on him as a bride? The territory John nicked from Navarre to confer on John’s favorite as Constable of France?* Yes.
Charles had subtlety in his bag of clubs, and brutal directness too. In 1354, he revenged at least one slight by having his brother murder the aforementioned Constable — also a favorite and childhood friend** of King John — in a tavern ambush.
(There’s an audio introduction to Charles the Bad complete with hammy re-enactment of the homicide in episode 110 of the History of England podcast. What follows below leads off episode 111.)
Too weak politically at that moment to repay Charles in his own coin, John had to sullenly consent to a putative reconciliation … but he was only biding his time. Charles compounded the enmity by his scheming on-again, off-again negotiations with the English, hoping to leverage the war between those powers to his own advantage.
He was a constant thorn in King John’s side, and the latter had problem enough with the English invasions and the struggle he had to gin up tax revenue to oppose them. The apparent last straw: Charles buddied up to John’s son the Dauphin and tried to engineer a coup d’etat against John. John settled on a vengeful stroke to put both the King of Navarre and the crown prince in their places, a party-fouling scene to beggar Game of Thrones in Froissart’s description:
The king of France, on Tuesday the 5th of April, which was the Tuesday after midlent Sunday, set out early, completely armed, from Mainville, attended by about one hundred lances. There were with him his son the earl of Anjou, his brother the duke of Orleans, the lord John d’Artois, earl of Eu, the lord Charles his brother, cousins-german to the king, the earl of Tancarville, sir Arnold d’Andreghen, marshal of France, and many other barons and knights. They rode straight for the castle of Rouen, by a back way, without passing through the town, and on entering found, in the hall of the castle, Charles, duke of Normandy, Charles king of Navarre, John earl of Harcourt, the lords de Preaux, de Clerc, de Graville, and some others seated at dinner. The king immediately ordered them all, except the dauphin, to be arrested, as also sir William and sir Louis de Harcourt, brothers to the earl, the lord Fricquet de Friquart, the lord de Tournebeu, the lord Maubué de Mamesnars, two squires called Oliver Doublet and John de Vaubatu, and many others. He had them shut up in different rooms in the castle; and his reason for so doing was, that, since the reconciliation made on occasion of the death of the constable of France, the king of Navarre had conspired and done many things contrary to the honour of the king, and the good of his realm: the earl of Harcourt had also used many injurious expressions in the castle of Vaudreuil, when an assembly was holden there to grant a subsidy to the king of France against the said king, in order to prevent, as much as lay in his power, the subsidy from being agreed to. The king, after this, sat down to dinner, and afterwards, mounting his horse, rode, attended by all his company, to a field behind the castle, called the Field of Pardon.
The king then ordered the earl of Harcourt, the lord of Graville, the lord Maubué and Oliver Doublet to be brought thither in two carts: their heads were cut off,† and their bodies dragged to the gibbet at Rouen, where they were hung, and their heads placed upon the gibbet. In the course of that day and the morrow, the king set at liberty all the other prisoners, except three: Charles king of Navarre, who was conducted to prison in the Louvre at Paris, and afterwards to the Châtelet: some of the king’s council were appointed as a guard over him. Fricquet and Vaubatu were also confined in the Châtelet. Philip of Navarre, however, kept possession of several castles which the king his brother had in Normandy, and, when the king of France sent him orders to surrender them, refused to obey, but in conjunction with the lord Godfrey de Harcourt and other enemies of France, raised forces in the country of Coutantin, which they defended against the king’s troops.
On this date in 1992, Robyn Leroy Parks was executed by lethal injection for stabbing an Edmond, Okla. gas station minder to death 15 years before. Parks was afraid that Abdullah Ibrahim would call police to report the stolen credit card he was using to gas up, but he left behind at the murder scene a scratch pad on which Ibrahim had noted his license plate number.
Parks’s execution by lethal injection was very badly botched in a scene that anticipated the better-publicized tribulations this supposedly antiseptic execution process has inflicted in recent years.
Parks then endured what looked like a waking strangulation: “the muscles in his jaw, neck, and abdomen began to react spasmodically … [he] continued to grasp and violently gag until death came, some eleven minutes after the drugs were first administered,” in the words of Michael Radelet’s compendium of botched executions.
Tulsa World reporter Wayne Green, an official witness to the debacle, recounted events in the next day’s edition under the discomfiting headline “11-Minute Execution Seemingly Took Forever.”
It was overwhelming, stunning, disturbing — an intrusion into a moment so personal that reporters, taught for years that intrusion is their business, had trouble looking each other in the eyes after it was over.
(Thanks to guest writer Victor Hugo, who having haunted these pages in many a post kindly permits us to republish the open letter he wrote on February 11, 1854 to Home Secretary (and future Prime Minister) Lord Palmerston. This is the English version as published by London’s Daily News on February 17 of that year; here is a French version of the same. Hugo at the time was living as an exile from the French Empire in the British-controlled Channel Island of Jersey; the case concerned was the highly controversial hanging of John Tapner on the nearby island of Guernsey for the murder of an aged Frenchwoman. Nobody ever hanged again on Guernsey after this possible wrongful execution.
The footnote appears in the original. -ed.)
I lay before you a series of facts which have transpired in Jersey within the last few years:
Fifteen years ago Caliot, a murderer, was condemned to death, and pardoned. Eight years ago Thomas Nicolle, a murderer, was condemned to death, and pardoned. Three years ago, in 1851, Jacques Fouquet, a murderer, was condemned to death, and pardoned.* In each of these cases the penalty of death was commuted for transportation.
In each case, to obtain a commutation of the sentence, a petition signed by the inhabitants of the island was sufficient.
In 1851 transportation was thought a sufficient punishment for Edward Carlton, who murdered his wife under circumstances of the most horrible description.
All this has taken place within fifteen years in the island from which I now address you.
Let us shift the scene from Jersey to Guernsey.
Tapner, a murderer, an incendiary, and a robber, is condemned to death.
At present, and the facts above stated prove the truth of the assertion, the penalty of death is virtually abolished in the opinion of every sane, well thinking man.
No sooner is Tapner condemned than a cry is heard, petitions are multiplied; one, energetically establishing itself on the principle of the inviolability of human life, was signed by 600 of the most enlightened of the inhabitants of the island.
And it is worthy of notice that not one minister of any Christian sect has deigned to affix his signature to either of these petitions. These men are probably ignorant that the cross is a gallows. — The people cried: “Mercy!” The priest cried: “Death!” — Let us pity the priest and resume our subject.
These petitions have been forwarded to you — a repsite has been granted. In similar cases a respite was equal to a commutation of the sentence — the island draws breath — the gallows is not to be erected — cruel error! the gallows is erected — Tapner is hung! and this after mature consideration.
Why should Guernsey be refused that which has been so often granted to Jersey?
Why deal to one concession and to the other affront? — Why should pardon be sent here and the executioner there?
Why this difference where all things else are equal? — What use was the respite but to aggravate the torture? — Was some mystery involved? To what purpose has been consideration?
Things are whispered, sir, to which I dare not listen. No! it cannot be true. What! a voice, and that of the most obscure, if it be the voice of an exile, cannot ask pardon from an insignificant corner of Europe for a man about to die without being heard by M. Bonaparte, without M. Bonaparte’s interference. What, M. Bonaparte, who has the guillotine of Bellay, the guillotine of Draguignan and the guillotine of Montpellier, not satisfied with all these! Has he still an appetite left for a gallows in Guernsey.
What — in such a case could you have refused justice to the proscribed for fear of giving umbrage to the proscriber. If so, the man was hung to accommodate, and the gallows erected as an act of courtesy, and could you have done all this to strengthen your alliance. No, no; I do not, I cannot believe it. I cannot even admit the idea, although I shudder at it.
Before the great and generous English nation can your Queen have the right of pardon, and M. Bonaparte that of a veto. At the same time that there is an omnipotent in heaven, can there be an omnipotent on earth? No.
I merely say that it was not possible for the French journals to speak of Tapner. I state the fact, but I draw no conclusion from it. However this may be, you have determined to use the terms of the despatch, that justice should take its course, and all is over.
However this may be, Tapner, after having been three times respited, and had his case three times under consideration, was hung yesterday, the 10th of February, and if there be any truth in the conjectures, which for myself I utterly reject, I present you, sir, with the bulletin of the day. you may, if such be the case, transmit it to the Tuileries. These details cannot be offensive to the Empire of the 2nd of December. The Eagle will hover with delight over the field of this victory! He is a gallows Eagle!
A garden joined the prison. In this garden the scaffold was erected. A breach was made in the wall for the prisoner to pass through. At 8 o’clock in the morning the neighbouring streets were crowded with spectators, of whom 200 of the privileged were admitted into the garden. The man appeared in the breach. He walked erect and with a firm step; he was pale, the red circle caused by anxious wakefulness surrounded his eyes.
The month just passed had added twenty years to his age — a man thirty years of age appeared fifty.
“A cotton night-cap was drawn over his head and turned up in front (says an eye-witness); he was dressed in a brown coat, which he wore during the trial, and an old pair of slippers.”
He walked partly round the garden, in a walk gravelled expressly for the occasion. The javelin men, the sheriff, the under-sheriff, and the Queen’s solicitor surrounded him. His hands were tied loosely, as we shall presently see.
According to English custom, while the hands were crossed upon the breast, a cord bound the elbows behind the back.
Behind him, the chaplains, who had refused to sign the petition for mercy, followed weeping.
The gravel walk led to the ladder — the cord was swinging — Tapner ascended the ladder — the executioner trembled: inferior executioners are at times susceptible of pity. Tapner placed himself under the noose, and pressed it over his head, and his hands not being firmly tied, he desired the executioner, who seemed quite confused, to arrange the rope. Then, “as if he had had a presentiment of what was to follow,” says the same eye-witness, “he said, ‘Tie my hands tighter.’ ‘That is unnecessary,’ replied the executioner.” Tapner standing thus with the rope round his neck, and his feet on the trap, the executioner drew the night-cap over his eyes, and nothing more could be seen of that pale face but the mouth moving as in prayer.
After some moments, the man destined to this high office pressed a spring — the drop fell, and the body fell abruptly through — the cord tightened, the body turned, and the man was considered dead.
“It was thought (says the eye-witness) that Tapner was killed at once by the rupture of the spinal marrow, he having fallen 4 feet,” but the witness further adds, “the relief of our oppressed hearts did not last two minutes.” Suddenly the man not yet a corpse, but already a spectre, moved.
The legs were thrown convulsively about, as if seeking some stay in the empty space; what could be discovered of the face was horribly disfigured; and the hands, which had become loose, were clasped and relaxed, as if to implore assistance. The cord around the elbows had snapped in the fall. Amidst these convulsions the rope began to swing, the elbows of the poor wretch came in contact with the edge of the trap, he clung to it with his hands, rested his right knee upon it, raised his body, and seemed to lean towards the crowd. Again he fell; and twice, says the eye witness, was the same scene repeated. He then raised his cap, and the crowd gained a sight of his face. This, it seemed, was too much. It was necessary to close the scene. The executioner reascended the scaffold, and caused the sufferer (I still quote the eyewitness) to let go his hold. The executioner and the victim struggled for a moment; the executioner triumphed. Then this wretch, himself like one condemned, threw himself into the aperture where Tapner was hanging, straightened his knees, and hung to his feet. The rope oscillated for a moment, bearing the victim and the executioner, the crime and the law. At last the executioner himself relaxed his hold; all was over; the man was dead.
Also a prolific drawer, Victor Hugo produced this Ecce in 1854, and several other depictions of the gallows in the ensuing years — possibly inspired by his horror at Tapner’s fate. Ecce is also known as John Brown, although that American slavery abolitionist was not executed until 1859.
You see, sir, how things were managed; the effect was completed; for the town, being built as an amphitheatre, everything was seen from the windows, all eyes were fixed on the garden. If it were the object to excite a feeling of horror, it was done: the crowd cried “Shame, shame,” and several females fainted.
During this time, Fouquet, who had been pardoned in 1851, is repeating. The executioner has converted Tapner into a corpse; Mercy, Fouquet into a man!
Between the time when Tapner fell into the trap, and that in which the executioner, no longer perceiving any motion, let go his feet, 12 minutes elapsed. Twelve minutes! Let that time be calculated, if any one knows by what clock to number the moments of suffering. Such, sir, was the mode of Tapner’s death.
The theory of example is satisfied; the philosopher alone mourns, and asks himself if this be what is called allowing justice to take its course? We must believe the philosopher to be wrong. The punishment has been frightful, but the crime was hideous. Must not society be defended? What will become of us if, &c. &c. The audacity of criminals would meet with no restraint. There would be nothing but atrocities and murders. A check is absolutely necessary. At least, it seems your opinion, Sir, that Tapners should be hung unless they be emperors. Let the will of statesmen be done!
Theorists, dreamers, those visionary spirits who have formed some notion of good and evil, cannot sound, without difficulty, certain depths of the problem of destiny.
Had Tapner, instead of killing one woman, destroyed 300, adding to the heap some hundreds of old men and children — had he instead of breaking a door, violated an oath — had he, instead of purloining a few shillings, stolen 25 millions — had he, instead of burning the house Saujon, overawed Paris by force of arms, he would have an ambassador at London.
It might, however, be as well to define a little more precisely the point at which Tapner ceases to be a robber, and Schinderhannes commences politician. Sir, this is horrible! We are members, you and I, of the infinitely small. I am only a refugee, you are only a minister — I am ashes, you are dust — Atom may surely speak freely to atom — where each is nothing, truth may be spoken. Well then, be assured, whatever may be the actual success of your policy, however glorious the alliance of M. Bonaparte, however honourable it may be for you to act in strict union with him, however far famed and magnificently may be your common triumph in Turkish affairs, this rope, which was fastened round a human sack, the trap which opened under his feet, the hope that, in falling, he would break his spine, the face become livid beneath the deep shadow of the gallows, the bloodshot eyes bursting from their sockets, the tongue lolling from the throat, that groan of anguish only stifled by the knot, the terrified soul which still clings to its tenement, the convulsed knees which seek some support, those bound hands mutely clasped and asking help — and that other man, that man of darkness, who throws himself upon these last struggles, who clings to the knees of the dying wretch, and himself hangs upon the hanging — Sir, these things are frightful!
Victor Hugo, The Hanged Man, c. 1855-1860.
And if haply the conjectures which I disavow be true, if the man who hung to the feet of Tapner were indeed M. Bonaparte, it would be monstrous. But, I repeat, I do not believe this. You have yielded to no influence; you simply said — let justice take its course; you gave this order, as you would have done any other, the prolonged discussions concerning capital punishment do not interest you. To hang a man, and to drink a glass of water are the same things in your estimation — you did not comprehend the importance of the act; it was the oversight of a statesman, nothing more. Sir, keep your blinders for earth, and do not offer them to eternity! Do not trifle with such deep interests, mix nothing of your own with them; it would be impudent. I can see more deeply into those interests than you — Beware! Exul sicul mortuus. I speak as from the tomb.
Bah! what matters it? A man is hung; and what more? a coil of rope to be wound up; some timber work to be taken to pieces a corpse to be buried. Certainly these are great matters! We will fire the cannon, a little smoke in the East, and all will be over. A microscope will be required to detect Guernsey and Tapner. Gentlemen, this rope, this beam, this corpse, this dreadful though invisible gallows, this suffering, carry us into immensity. They involve the social question, which is more important than the political; they do more — they carry us beyond earth. That, which is of little consequence, is your cannon, your politics, and your smoke. The assassin who to-morrow becomes the victim, as a soul which takes its flight holding the end of the gallows-rope — it is this which is frightful. Statesmen, who between two protocols, two dinners, and two smiles, carelessly press with white-gloved hand the spring of the gibbet, and the trap falls under the feet of the victim. Know you what you do? The infinite appears; the unfathomable and the unknown; the mighty shade which rises suddenly and terribly beneath your littleness.
Proceed! Let us observe the men of the old world at their work. Since the past still struggles let us examine it. Let us observe its successive phases.
At Tunis it is impaling; with the Czar the knout; with the Pope it is the garrot; in France the guillotine; in England the gallows; in Asia and America the slave market. All this will be swept away. We, the anarchists, the demagogues, the blood-drinkers, tell you, the protectors and saviours of the world, that human liberty is to be respected, human intelligence is holy, human life is sacred, and the human soul divine. Now go on hanging! But beware! The future opens. You think that living which is dead, and that dead which is living. The ancient form of society, but it is dead. You are deceived. You have stretched out your hand to the spectre of darkness, and chosen her for your bride. You turn your back upon life: it will soon arise behind you. When we pronounce the words Progress, Revolution, Liberty, Humanity, you smile, unhappy man, and point to the darkness in which we both are involved. Do you indeed know what that night is? Learn the truth; ere long the ideas will burst forth in all their strength and glory. Democracy yesterday took the name of France; to-morrow it will take that of Europe. The eclipse does but conceal the increasing magnitude of the star.
* We read in the Jersey newspapers, of January 7, 1851:
James Fouquet — We are informed that James Fouquet, condemned to death by our Royal Court, for the murder of Derbyshire, and whose punishment was commuted by her Majesty into transportation for life, was removed, about six months ago, from the prison at Milbank, where he had hitherto remained, to Dartmoor. He is nearly cured of the wound in his neck, and his conduct has been such, while at Millbank, that the governor of that prison thinks it extremely possible, there will be a further commutation of his sentence into banishment from the English territories.