Posts filed under 'Capital Punishment'
April 26th, 2017
Lieutenant General Hisao Tani was shot on this date in 1947 for his part in the Rape of Nanking.
Tani commanded a division that took part in the conquest and occupation of that Chinese city in 1937, and it was outside its gates — following a Chinese war crimes trial — that he took his leave of this world.
On this day..
Entry Filed under: 20th Century,Capital Punishment,China,Death Penalty,Execution,History,Japan,Occupation and Colonialism,Public Executions,Shot,Soldiers,War Crimes
Tags: 1940s, 1947, april 26, hisao tani, nanking, rape of nanking, world war ii
April 24th, 2017
This date’s anecdote, from a public domain local history, concerns the April 24, 1852 hanging of Nathaniel Bowman. Bowman has the minor distinction of being the first person executed in California’s Colusa County.
Bowman would not escape his execution but his attempt to do so summoned the offices of William B. Ide, a pioneer who had led a revolt in Mexico’s Alta California and thereafter headed the very short-lived California Republic — an affair sometimes remembered as the “Bear Flag Revolt” for the sigil still used today by the state.
The present-day California flag.
The service Ide would render his countrymen in this post was among the last of his life: he died of smallpox later in 1852.
The first legal execution in Colusa County occurred in the spring of 1852. Nathaniel Bowman was convicted of murder in the first degree for killing Levi Seigler by beating him over the head with a bottle.*
There was no jail then, and during the trial Bowman was placed under guard at Monroeville. After his conviction he nearly made good his escape. In some manner he eluded the vigilance of his guard and, still shackled, hobbled to the home of Jesse Sheppard, where he begged piteously to have his irons filed off. Sheppard, however, took him back and turned him over to the authorities at Monroeville, where he was executed soon afterwards.
This episode clearly showed the necessity of having some safe place of detention for prisoners.
With his characteristic resourcefulness in emergencies, William B. Ide met this situation also. He obtained some bar iron and bolts from San Francisco and fashioned a cage. This he placed in the shade of a great oak in front of the hotel in Monroeville, which did duty at that time as the county courthouse also. This simple expedient solved the problem until the seat of government was transferred to Colusa in 1854, whereupon Ide’s cage was removed also, to continue duty as a cell in the county jail in Colusa.
* The Sacramento News (April 27, 1852) advises that Bowman “addressed the assembled crowd, from the scaffold, and stated that it was not his intention to kill Seigler, but to beat him badly.”
On this day..
Entry Filed under: 19th Century,California,Capital Punishment,Crime,Death Penalty,Execution,Hanged,Milestones,Murder,Public Executions,USA
Tags: 1850s, 1852, april 24, monroeville, nathaniel bowman, william ide
April 22nd, 2017
Seattle Times, April 22, 1947.
On this date in 1947, U.S. Army Private Garlon Mickles was hanged at a place called “execution gulch” in Honolulu’s Schofield Barracks.
Mickles had enlisted three years before, the 16-year-old son of a St. Louis laundress. (“Tell my mother I died like a man,” were his reported words to the chaplain.)
According to Associated Press reports, army engineers frustrated peeping eyes by “put[ting] up a smoke screen to shield the gallows from the view of the curious.”
He was convicted of raping and robbing a female War Department employee on Guam, where he was stationed with the Twentieth Air Force — from which staging-point the unit conducted bombing raids on mainland Japan. (The Enola Gay, which dropped the atomic bomb on Hiroshima, was part of the 20th.)
Mickles appears to be the last person ever executed on the Hawaiian islands, and also an unusual overlook by the Espy File of U.S. executions, from which he’s totally absent.
On this day..
Entry Filed under: 20th Century,Capital Punishment,Children,Crime,Death Penalty,Disfavored Minorities,Execution,Guam,Hanged,Hawaii,Milestones,Racial and Ethnic Minorities,Rape,Soldiers,Theft,U.S. Military,USA
Tags: 1940s, 1947, april 22, garlon mickles, honolulu
April 21st, 2017
From the Annals of the Indian Rebellion, 1857-58:
THE MUTINEER JEMADAR ISSUREE PANDY.
This Jemadar of the 34th Regiment N.I. was brought to trial on the following charges: —
1st. For having at Barrackpore on the 29th March 1857, he being then in command of the quarter-guard of his regiment, not used his utmost or any endeavours to suppress a mutiny begun by Mungul Pandy, the said sepoy having on the afternoon of the day above mentioned, gone out into the parade ground in front of and near to the quarter-guard of the regiment armed with a sword and musket; and then and there used words to excite the men of the reigment to come forth and join him in resistance to lawful authority; and having then and there on the parade ground, and near to the quarter-guard of the regiment, discharged his loaded musket at Serjeant Major James Thornton Hewson, and Lieutenant Bempole Henry Baugh, of the 34th Regiment N.I., and then and there with a sword struck, and severely wounded, the said Lieutenant Baugh and Serjeant Major Hewson, and the said Jemadar not having taken any measures to arrest and confine the said sepoy throughout the aforesaid occurrences, nor to assist the said Lieutenant Baugh and Serjenat Major Hewson, and he [sic] the said Jemadar having, moreover, then and there discouraged and interfered to prevent any sepoys of his guard from going to their assistance.
2nd. For disobedience to the lawful command of his superior officers in not having advanced with his guard to rescue the Serjeant and capture the aforesaid sepoy, Mungul Pandy, when shortly after the occurrences, set forth in the first charge, he was ordered to do so by Brevet Colonel S.G. Wheler, commanding the 34th Regiment N.I.
The Court found the prisoner, Jemadar Issurree Pandy, guilty of both charges preferred against him, and sentenced him to suffer death. On the 21st April 1857 Major General Hearsey reported as follows: —
Jemadar Issuree Pandy was duly hanged by the neck this afternoon at 6 o’clock in presence of all the troops at the station; the crimes, finding, and sentence of the General Court Martial before which he was arraigned, approved and confirmed by His Excellency the Commander-in-Chief, having been first carefully explained to all the native corps.
It may be perhaps satisfactory to the Government to know that when on the scaffold the Jemadar made a voluntary confession of his guilt, and admitted the justice of the sentence which had been passed on him, at the same time imploring all his fellow soldiers who were present to take warning by his untimely fate.
On this day..
Entry Filed under: 19th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,India,Military Crimes,Mutiny,Occupation and Colonialism,Power,Public Executions,Soldiers
Tags: 1850s, 1857, april 21, indian rebellion of 1857, jemadar issuree pandy, mangal pandey, mutiny, sepoy mutiny
April 20th, 2017
Moments before his death warrant expired at midnight U.S. Central Time, after a last meal consisting only of communion, Ledell Lee was executed by the U.S. state of Arkansas.
Lee spent 24 years awaiting execution for the bludgeon murder of Debra Reese on February 9, 1993, but he was done to death in a rush that left unanswered some of the most fundamental questions in the case.
Trial is the forum designated for contesting this question, of course. At Lee’s, he was represented by an unwilling defense team that repeatedly sought its own removal from the case, citing an “intolerable conflict” with their client, a conflict that paled in comparison to that of the judge, who was having an affair with a prosecuting attorney. (Multiple separate rape cases were pending against Lee at the same time, and those same conflicting attorneys were removed from those cases.)
A quarter-century on death row suggests claims litigated to the point of exhaustion, but this is not how the death penalty game is played in America. The art of execution lies in expediting a conviction and then fighting hammer and tong to maintain that verdict as a fait accompli against any attempt on appeal to litigate issues that the jury never heard. Mostly, the clocks runs for years on useless waiting or epicycles of procedural do-overs that never reach the most salient topics. The Innocence Project reports that outright exonerees (not limited to condemned prisoners) serve an average of 14 years before winning release on their various evidentiary trump cards. (Arkansas’s most famous death row exoneree,* Damien Echols, waited 17 years.)
By the time one reaches the end of the glacial death penalty process, the very refusal of the law to probe the questions it never bothered asking will have become the fault of a prisoner’s own dilatory appeals, leading — in this instance — to victim’s kin at Lee’s clemency hearing “asking you and begging you to please let us have some closure.”
In the name of closure, end-state cases must also insist on renouncing one of the potential benefits of all that time-wasting, the perspective of passing years. DNA tests that were not available when Lee stood trial for his life — and the discredited “forensic evidence” of matching hair samples was invoked against him — could have been used to examine blood spots on Lee’s shoes.** Because the prisoner maintained his innocence in the case from the time he was arrested until the very end, one of his late appeals vainly implored Arkansas to test that DNA sample. There are many cases, death penalty and otherwise, meeting this description, and most U.S. jurisdictions compulsively resist any calls to revisit testable tissue in the light of emerging DNA science as so many affronts to the majesty of law.
So what has everyone been up to while not testing DNA all those years? The Fair Punishment Project report on Lee’s post-conviction road makes depressing reading.
Lee’s first state post-conviction attorney had substance abuse problems that left him “impaired to the point of unavailability on one or more days of the Rule 37 hearing.” The Arkansas Supreme Court noted several examples of his lawyer’s “troubling behavior,” including “being unable to locate the witness room;” “repeatedly being unable to understand questions posed by the trial court or objections raised by the prosecution;” “not being familiar with his own witnesses;” and “rambling incoherently, repeatedly interjecting ‘blah, blah, blah,’ into his statements.” Unsurprisingly, Ledell lost his state-post conviction petition. Eventually, the Arkansas Supreme Court recognized that Lee received grossly inadequate representation and withdrew its opinion, giving him new counsel.
Unfortunately, his new counsel were not much better. First, they missed the filing deadline for the appeal. Then, the Arkansas Supreme Court twice, sua sponte, ordered the attorneys to submit a new brief because their filings failed to comply with Court rules — the second time, the Court referred the attorneys to the Committee on Professional Conduct. The attorneys also appear to have refused to accept their client’s phone calls and ignored his letters.
At one point, Ledell received a glimmer of hope when the Arkansas court appointed the Arkansas Federal Defender to his case. They tried to litigate a claim that Ledell is intellectually disabled. In response, the state argued that Ledell — with all of his competent representation — had procedurally defaulted this claim by not raising it before.† But before the parties could complete litigation on the claim, the Federal Defender was removed due to a conflict.
In 2016, Ledell’s local habeas attorney moved to withdraw from the case because she was retiring. She made clear that in ten years, she had done little work on the case. “I have no file on [Ledell],” she stated, despite having argued at least one of Ledell’s appeals before the Eighth Circuit. “I have no working relationship with [Ledell]. I have not seen [him] for several years. I have no relationship with [his] present counsel and have not had any working relationship with them for some time.”
In June of 2016, one of Lee’s federal habeas lawyers, Gary Brotherton, voluntarily surrendered his legal license “to prevent possible harm to clients” because he was suffering from bipolar disorder with psychotic features and anxiety. One month later, the Missouri Supreme Court suspended him from the practice of law. So, just seven months ago, in the eleventh hour of his case, Ledell received yet another lawyer on his case.
All in all, a shambolic proceedings crowned by the indignity of Arkansas’s cramming Lee into a raft of eight proposed executions — many of them now stumbling on late appeals — slated together for the last days of April for the tawdry expedient of using up the state’s lethal injection drugs before their imminent expiry. It’s a very not normal situation, and yet, it is also all too normal.
Ledell Lee was the first person executed by Arkansas since 2005.
* As we’ve previously noted, Arkansas forced Echols to make an Alford plea as the price of his release, allowing it to claim on a technicality that it had not wrongfully imprisoned an innocent man for two decades.
** The crime scene was a bloodbath, so the supposition is that the murderer would certainly have imbrued his clothes with Reese’s blood.
† Reese’s alleged intellectual disability ought to have been raised by his unwilling defenders at the trial’s mitigation stage; it appears they barely investigated it.
On this day..
Entry Filed under: 21st Century,Arkansas,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Lethal Injection,Murder,Racial and Ethnic Minorities,Ripped from the Headlines,USA
Tags: 2010s, 2017, april 20, ledell lee, literally executed today
April 19th, 2017
On this date in 1374, mayor Tile von Damm was beheaded by rebel populares in his home city of Braunschweig (Brunswick).
One of northern Europe’s great Hanseatic merchant cities, Braunschweig enjoyed a rich history of civic unrest — the Braunschweiger Schichten. (Literally shift, but also carrying the sense of rebellion.)
The Great Rebellion in Braunschweig, by Alfred von Schüssler (mid-19th century).
One of its most outstanding installments — the one recalled as the Große Schicht — kicked off on April 17, 1374. (Most of the information about this incident is in German, as are most of the links in this post.) On that evening, a meeting of the ruling council of merchant magnates with its guild chiefs on how to deal with Braunschweig’s crippling debt turned tetchy and spilled into a popular protest. Within hours, as a chronicler would later put it, the devil was set loose in Braunschweig.
Guild protests carried to the “House of the Seven Towers” where Tile von Damm(e) resplended in the manner fitting the city’s mayor and its wealthiest patrician. That house still exists to this day, but the mayor’s thread was measured in mere hours: he was soon hauled out and beheaded on the Hagenmarkt.
Either eight or ten magnates (sources seem to be split on the figure) were slain during these April disturbances with others fleeing as guild rebels took full control of the city, not to be fully restored until 1386 — although in a show of transnational oligarch solidarity, Braunschweig was booted out of the Hanseatic League while the lower orders had the run of the place.
Allegory of the Great Rebellion (1514).
On this day..
Entry Filed under: 14th Century,Beheaded,Borderline "Executions",Businessmen,Capital Punishment,Death Penalty,Execution,Germany,History,No Formal Charge,Politicians,Power,Public Executions,Summary Executions
Tags: 1370s, 1374, april 19, braunschweig, braunschweiger schichten, tile von damm, tile von damme
April 18th, 2017
From the Boston Daily Advertiser and Repertory, April 26, 1820:
GEORGETOWN, (Del.) April 18 — This day, the awful sentence of the law was executed on William Piper, for matricide.
The following particulars were taken down by a person present at the time:
Early in the day a crowd was collected at the prison and another at the gallows. At 12 o’clock the tolling of the bell at the court-house announced the arrival of the time when the prisoner was about to bid adieu to earthly things. The anxiety of the people became very great, thousands crowding around the place where the gallows stood, and others pressing to see the criminal leave the prison.
The bell tolled ten minutes, when the sheriff entered the jail with the rope: 25 minutes past 12, the criminal appeared, and was assisted into the cart, and standing up with a horrible, frightened countenance he uttered the broken sentence, “Oh, all these people!”
The cart-horse was soon led off by the deputy sheriff, the guard forming around the cart and marching with charged bayonets; at 32 minutes past 12, the criminal was halted under the pole on which he was soon to be suspended.
The Rev. John Rogers addressed the people, and warned them against drunkenness; the crime, he said, that caused the criminal to do the act that had brought him to the gallows.
The Throne of Grace was then addressed in a very appropriate prayer by Mr. Hudson; after which the criminal spoke a few minutes to the congregation, declaring a knowledge of his sins &c.
The sheriff drew the cap over his face, and fastening [sic] the rope to the hook in the pole; at 13 minutes past one, the cart was moved off, and the criminal left hanging! A horrid consequence of drunkenness! Much might be said of the very trifling impression that was made on the minds of some rum drinkers that were present.
It might be proper to state, that the fatal deed was perpetrated in a state of intoxication, and after some quarrelling between him and his mother, and a blow on the head from her which drew blood, and after she had pushed him down over a chair, and a scuffle on the floor between Piper and his sister, who attempted to tie him, and after the sister had first seized upon the stick with which the fatal blows were given.
The only witness present at the beginning, stated that Piper when intoxicated, often threatened to kill his mother, but when sober he was as good to her as ever a child was.
Suffice to say, that he persisted to the last in solemnly declaring that he never had any malice against his mother, and that he was not sensible of having killed her.
He was 45 years of age.
On this day..
Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Delaware,Execution,Hanged,Murder,Public Executions,USA
Tags: 1820, 1820s, alcohol, april 18, georgetown, matricide, william piper
April 15th, 2017
(Thanks to Augustinian friar Cherubino Ghirardacci for today’s guest post, from his History of Bologna. The Saint Nicholas in question for this picturesque vignette is not Santa Claus (though that figure’s real-life inspiration also had an averted execution to his hagiography) but the medieval mystic Saint Nicholas of Tolentino … a popular Italian saint who appears to have obtained an informal niche profile as the intercessor who would help a fellow survive a hanging: he had already been credited with saving a man wrongfully accused of murder who hung four days on the gallows in 14th century Aquila. -ed.)
It has happened in these days, that is to say on April 15, Tuesday, that two thieves have been hanged; one sixty years old and one about eighteen, and the execution took place on the usual spot, that is in the cattle market; and the minister of justice ordered that they should be left hanging upon the gallows until the usual hour, when the members of the Company of the Dead came to remove them for burial, and having taken down from the gibbet the old man and having placed him on the bier, they then deposed the youth, called Pietro Antonio of Bologna. He had been adopted by one who dwelt in the Borgo of San Pietro, and was already a novice of San Jacomo; this one was found alive and of so much vivacity it seemed as though he had been reposing on his bed asleep: but however with the neck injured, because the halter had entered into it, and had almost sawn through the throat.
The bystanders, marvelling much at this unusual sight, quickly had him carried to the Hospital to care for him; and there came a messenger from the Senate to see, and to hear everything that had happened; and Pietro Antonio said that he had been helped by the glorious saint Nicholas of Tolentino, to whom he had vowed, that if he escaped this opprobrious death, he would vest himself in his habit, and that he being on the gallows, the glorious St. Nicholas supported him by holding the soles of his feet in his hands. This was considered a marvellous miracle in the city, and every one ran to visit him and hear him discourse.
On Sunday, April 27, the Brothers of San Jacomo came in procession to the Hospital to fetch the above-mentioned Pietro Antonio and to conduct him to San Jacomo, and they pass together with the “Compagnia della Morte” behind San Petronio and before this church, and they go before the palace of the family Antiani, and below the “Madonna del Popolo”; and the condemned man is dressed in white with a black mantle, and with no cap on his head, and with the same halter round his neck with which he was hanged. When he reaches this spot, he falls on his knees and adores the Queen of Heaven, and wishing to rise, the simple women around tear off some of his clothes in devotional excitement; but being covered with another cape, he arrives at the church of San Jacopo, and there in the presence of all the city, the halter is taken from his neck and laid by him on the altar; and by the reverend prior of that said convent, Master Giovanni de Ripis, he was solemnly dressed in the Carmelite habit and called Brother Nicholas, in honour and reverence of St. Nicholas of Tolentino; and the ceremonies of vesting him being over, the friars meanwhile chanting the Te Deum Laudamus, he was presented by the said Prior to the very holy image of the glorious St. Nicholas, which is behind the choir in the chapel of St. Thomas Apostle and St. Nicholas, now called of the Madonna of Heaven, because when he made his vow he had in his mind this venerated image. Then he placed there his votive offering, his true portrait painted on canvas, and also the same halter with which he was hanged, the which things one may still see today in this said church.
He lived four years very devoutly, tending the sick; but then, tempted by the devil, he threw away his habit, and giving himself once more to thieving he was taken and hanged with the golden halter to the long balcony of the Podestà, and died for his sins.
The record of this miracle appears, with all the expenses, in an authentic book of 148 pages, in the Sacristy of these said monks, where are mentioned the sums spent on the procession, and miracle, and of the votive panel picture, which was made by master Ercolese, painter, and cost in all lire 3 and soldi 11.
On this day..
Entry Filed under: 16th Century,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Executions Survived,Guest Writers,Hanged,History,Italy,Myths,Not Executed,Other Voices,Public Executions,The Supernatural,Theft
Tags: 1500s, 1505, april 15, art, bologna, pietro antonio, st. nicholas, st. nicholas of tolentino
April 14th, 2017
On this date in 2015, in the Islamic holy city of Medina, Saudi Arabia beheaded Indonesian domestic worker Siti Zainab after a very long wait.
Zainab, a maid, was condemned to death in 1999 for stabbing to death her cruel* employer. Her execution went on pause for more than 15 years until all of the victim’s children could reach adulthood and exercise their right to enforce or mitigate the death sentence; still, for all that lead time, Saudi Arabia irked Jakarta by failing to notify consular offices of her impending beheading.
In addition to the usual controversies Saudi Arabia’s aggressive headsmen engender when dispatching the kingdom’s widely abused migrant workers, Zainab’s case raised hackles over the condemned woman’s alleged “suspected mental illness.”
* Cruel according to Zainab and her defenders. Indonesian NGO Migrant Care argued that the murder was outright self-defense.
On this day..
Entry Filed under: 21st Century,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Indonesia,Murder,Public Executions,Racial and Ethnic Minorities,Ripped from the Headlines,Saudi Arabia,Women
Tags: 2010s, 2015, april 14, labor, medina, migrant workers, siti zainab
April 13th, 2017
Iran’s Islamic Revolutionary Courts went up in the very first days after the victory of the Iranian Revolution. These courts still exist nearing 40 years on but were oriented initially like many revolutionary tribunals towards clearing out hated servants of the old regime.
And like many revolutionary tribunals they developed a reputation for delivering justice more swift than measured — with one-sitting procedures where defendants faced hectoring judges and surprise charges without benefit of that “Western absurdity,” a defense counsel. For the Ayatollah Khomeini, revolutionary courts weren’t a probative exercise but a vehicle for delivering popular justice. “If the revolutionary courts did not prosecute them, the people would have gone on a rampage and killed them all,” he said of the courts’ targets.
This sentiment was echoed almost word for word by a spectator in this case, who (according to an April 13, 1979 New York Times profile) shouted at the judges during an adjournment that “if the court forgives him, the people won’t and will get him!” The major’s courtroom was packed with 200-plus spectators, many of whom could show the scars that the Shah’s torturers had left them.
Though he must have known he had no real hope at acquittal, Yahyahi fought his corner — for there was still the hope of a prison sentence, which his co-accused received, instead of death. Accused of abusing prisoners at Qasr Prison, Yahyahi protested that he had been forced to do it, that “the system was there, I didn’t create anything … I’m a nobody.”
“You wouldn’t understand it unless you put yourself in my shoes,” he explained unavailingly. “I asked for a transfer. I tried hard to get out. You must take that into consideration.”
A parade of witnesses described the torments of the Shah’s prison; Major Yahyahi’s rank at the facility was enough to condemn him for command responsibility, even absent witnesses who could link him personally this or that thrashing.
“It is not the individual who is on trial,” the mullah-judge presiding explained, repeatedly. “It is the regime.” The toppled regime, after all, had been convicted already.
Major Yahyahi’s trial (together with four others) consumed the court’s business on April the 12th. By that night Yahyahi was condemned to death; he was executed by firing squad the very next day, only one of ten people put to death around Iran on April 13, 1979.
On this day..
Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Execution,History,Iran,Shot,Torture
Tags: 1970s, 1979, april 13, bijan yahyahi, iranian revolution