Posts filed under 'Milestones'

1869: Hamiora Pere, Maori “traitor” to the Queen

Add comment November 16th, 2008 Headsman

On this date in 1869, Hamiora Pere became the only New Zealander ever executed for treason.

Maurice Shadbolt’s Season of the Jew is a historical novel of the conflict that doomed Hamiora Pere. It’s told from the standpoint of Te Kooti, who liked to compare the Maori cause to that of the Israelites resisting Egypt, and founded a religious sect that still persists today.

Pere* came by the distinction quite accidentally — even setting aside the queer circumstance of his “betraying” a state on the opposite side of the globe by resisting its claim to his ancestral homeland.

Hamiora Pere was one of five Maori prisoners from the Siege of Ngatapa during Te Kooti’s War — an indigenous resistance against British colonization — to face the fatal charge.

The crown handled these cases carefully.

Though all five men drew death sentences (mandatory for treason), the government was evidently trying to stay out of the martyr-making business — as revealed by a judge’s comment during official deliberations.

I believe the result is the very best that could have been arrived at. I am glad to know that Mr McLean thinks that one execution will be useful as more would have been by way of example and caution.

Unfortunately for Hamiora Pere, the one of those five who was most likely set up to be the “example,” Wi Tamararo, committed suicide in prison shortly after his sentence.

Pere seemingly became the next in line for hanging because he was associated with murders in a noteworthy massacre at Matawhero that slew 33 Europeans and 37 of their Maori allies. Notably, however, the charge of murder actually filed against him was dropped prior to trial since he could be placed at the scene of the attack, but not directly shown to have killed anyone. Even off the indictment, it may have been the thing that doomed him.

Whatever the nature of the deliberations — and this report (pdf) of New Zealand’s Waitangi Tribunal inconclusively attempts to unpack the story with the patchy evidence available — the remaining convicts got clemency. Four years later, they were pardoned outright.

Pere got the noose at Wellington, and the accidental historical footnote. He would seem destined to maintain his unusual distinction indefinitely, since New Zealand has abolished the death penalty altogether.

Fear of Death

It is the circumstantial distinction of his case that earns Pere his place in this blog out of the numberless thousands to meet his same fate.

But in the end, he faced the gallows in that existential nakedness common to all us mortal wretches beholding death. Many in these pages meet their ceremonial end with with bravado; Hamiora Pere, by contrast, suffered all the pitiably human torments of fear, according to the report of the Daily Southern Cross:

He received the notice of his approaching death with calmness, and it was not until the morning before the execution that he gave any outward sign that he realised his terrible position. … [after his last farewell with his family he] became terribly distressed. He evidently fully recognised his position; he knew that he had looked for the last time on those from whom only he had any right to expect sympathy; every incident was reminding him how rapidly his term of life was decreasing, and it was not until his spiritual adviser … had been with him some time, that he became more composed.

[on the morning of the execution, Pere's] responses [to his spiritual advisor] were accompanied by a peculiar moaning, and by convulsive sobbing. … the prisoner, quite a young man, and with nothing in his general appearance worthy of special remark, was sobbing bitterly, and was evidently suffering from intense mental agony; he looked anxiously around, yet stood firm and erect while he was being pinioned, repeating, as well as his trembling voice would allow, the prayers that were being offered on his behalf. … At the foot of the steps [to the gallows] the prisoner halted a moment, but, being led up, was quickly placed in the centre of the platform, under the noose, which was immediately fixed round his neck. From the time the prisoner left his room, until the rope was adjusted, he continued praying in a low moaning tone, interrupted frequently by violent sobbing …

* Also spelled “Peri” and, occasionally, “Pera”.

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Entry Filed under: 19th Century, Arts and Literature, Capital Punishment, Cycle of Violence, Death Penalty, Disfavored Minorities, England, Execution, Guerrillas, Hanged, History, Milestones, Murder, New Zealand, Notable Jurisprudence, Occupation and Colonialism, Racial and Ethnic Minorities, Soldiers, Treason, Wartime Executions

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1892: Jens Nielsen, the last in Denmark

1 comment November 8th, 2008 Headsman

On this date in 1892, serial arsonist Jens Nielsen was beheaded with an axe in the courtyard of Horsens prison — the last civil execution ever conducted in Denmark.

According to this Danish biography, Nielsen had incurred a long prison sentence for burning several farms in July 1883.

(He’d just returned from a fruitless stint in the New World, torching a warehouse in England on the return voyage.)

Apprehended immediately and sentenced to a long prison term, Jens confronted an age-old dilemma which was evidently noticeably acute among melancholy Danes: effecting state-assisted suicide on the scaffold.

These cases must have once been fairly frequent because Denmark, by an ordinance of December 18, 1767, deliberately abandoned the death penalty in cases where “melancholy and other dismal persons [committed murder] for the exclusive purpose of losing their lives.” The background for the provision was, in the words of Orste, “the thinking that was then current among the unenlightened that by murdering another person and thereby being sentenced to death, one might still attain salvation, whereas if one were to take one’s own life, one would be plunged into eternal damnation.”

The ordinance was ineffective in one case, at least, that of Jens Nielsen, who was born in 1862 and spent a most unhappy and unfortunate childhood. In 1884 he was sentenced to 16 years of hard labor for theft and arson. The following year he tried to kill a prison guard. He was tried, sentenced to death and received a commutation to life. He was then placed in solitary confinement. A year later he tried again to kill a guard, “realizing that he could not stand solitary confinement, did not have the nerve to commit suicide and wanted to force his execution.” He was again tried, sentenced to death and the sentence commuted. In 1892, having remained in solitary confinement all that time, he tried again to kill a guard. This time he got his wish, was sentenced to death and executed. (Source.)

He even managed to crack wise, “Thank you!” to the mayor who wished him God’s help on the way to the scaffold — envoy of the powers both temporal and ethereal that would finally loose his shackles.

Denmark’s death penalty law lingered into the 1930’s, but even the occasional death sentences were no longer carried out. Apart from a brief revival after World War II to punish war crimes committed the Nazi occupation, nobody has been put to death in Denmark in — as of today — 116 years.

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Entry Filed under: 19th Century, Arson, Attempted Murder, Beheaded, Capital Punishment, Common Criminals, Crime, Cycle of Violence, Death Penalty, Denmark, Execution, Gallows Humor, Milestones, Notable Jurisprudence, Pardons and Clemencies

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1553: Michael Servetus, but not to defend a doctrine

Add comment October 27th, 2008 Headsman

On this date in 1553, Calvinist Geneva showed it could keep up with the Inquisition by burning the theologian Michael Servetus as a heretic.

A generation or two into the Protestant Reformation, and the ministers of Rome were in full-throated I-told-you-so. The splintered religious authority had set all manner of alien doctrine afoot in the land. Adult baptism! No original sin!

Servetus believed all this queer stuff. He also believed in a unitarian — that is, not trinitarian — deity.

Catholics and Protestants both hunted him from pillar to post for heresy.

After busting out of the Inquisition’s clutches in France, Servetus fled towards Italy, but made an unaccountable stopover in John Calvin’s Geneva. He well knew that capture here would be fatal: he had had an acrimonious correspondence with Calvin. Was he seeking thrills? Martyrdom? A place in this blog?

“I will burn, but this is a mere event. We shall continue our discussion in eternity.”

He quaffed all those bitter cups when he was recognized hanging out at a church service and condemned to death for sundry heresies after a sensational trial heavy with theological artillery, personal vituperation, and municipal politics. Calvin, gracious in victory, requested beheading rather than burning. He was scorned as needlessly merciful.

Of course, all manner of Christian fauna were being martyred by other Christians in the 16th century. Still, the Spanish physician is an interesting dude.

His rejection of the Trinity has secured him honored consideration from various latter-day sects, from Jehovah’s Witnesses to Oneness Pentecostals to general humanists to Unitarian Universalists:

Besides all that stuff, in his day-job capacity as doctor, Servetus was apparently the first European to understand pulmonary respiration. Nobody even noticed that until decades after his death.

“To kill a man is not to defend a doctrine, but to kill a man.”*

The execution of this smart, odd duck for non-violent heresy is not generally considered the highlight of Mr. Predestination’s career, but you can get some of Calvin’s side of the story in this collection of his letters. It’s worth allowing that heretics were being burned by the thousand elsewhere in Europe at this time; Servetus is noticeable in part because what was routine in England or Spain was exceptional in Geneva.

Servetus’ ashes will cry out against [Calvin] as long as the names of these two men are known in the world. -Walter Nigg

* This observation, sometimes attributed to Servetus himself, was in fact uttered by Sebastian Castellio.

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Entry Filed under: 16th Century, Burned, Capital Punishment, Death Penalty, Doctors, Execution, Famous, God, Heresy, History, Intellectuals, Martyrs, Milestones, Notable Participants, Public Executions, Religious Figures, Switzerland

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1660: Major-General Thomas Harrison, the first of the regicides

1 comment October 13th, 2008 Headsman

On this date in 1660, the restored House of Stuart began a week of bloody justice against Charles I’s regicides by hanging, drawing and quartering Thomas Harrison at Charing Cross.

Stuart Little

Charles’ son and heir Charles II had been stuck on the continent during the 1650’s, until the Commonwealth came apart from its own internal contradictions after the death of Oliver Cromwell.

With anarchy looming, suddenly monarchy didn’t look so bad — and Charles II had a way back into the saddle.

Beheads I Win …

The first thing on everyone’s mind was what to do about the little matter of having lopped off his dad’s head.

Political reality drove the settlement: nearly everyone in the English gentry had in some manner acquiesced to the Commonwealth during its decade-plus turn steering the ship of state; an expansive line on treason would be a nonstarter. At the same time, His Soon-To-Be-Royal-Again Majesty expected a few examples made to do right by the old man and keep king-killing well off his future subjects’ agenda.

Result: the Indemnity and Oblivion Act, granting a free pardon to all supporters of the Commonwealth save a handful of those most directly implicated in Charles I’s execution.

Weeks of frantic negotiating between the parties and private settlements of borderline cases with the royalist camp preceded the action. But Thomas Harrison wasn’t part of any of it.

… Entrails you Lose.

The rigid Puritan, one of 59 who signed the last king’s death warrant and at one time the commander of England’s armies, had been on the outs with everyone since Cromwell set up the Protectorate in 1653. Godly Tom was a “Fifth Monarchist,” anticipating the imminent return of Christ perhaps in conjunction with the imminent year 1666 … and no government felt safe about these millenarians. He’d been imprisoned several times by the Protectorate, too.

Though many attainted regicides fled for Europe or America, Harrison (possibly motivated by age and infirmity) hung out, waited for arrest, and took his punishment stolidly.

God hath covered my head many times in the day of Battle. By God I have leaped over a wall, by God I have runned through a Troop, and by my God I will go through this death.

Specifically meaning, drawn on a hurdle from Newgate to Charing Cross (with a fine vantage for the doomed on Whitehall, where Charles I had met his end), hanged but revived, his genitalia cut off and bowels carved out and burned while still conscious, and finally beheaded and his body divided into quarters for gruesome public display around town.

You have selected regicide.

Harrison died on a Saturday, and his was the opening act of a busy week in the bowel-burning business; nine other fellow regicides condemned with him would share that fate during the week ahead:

  • John Carew, on Monday the 15th;

  • John Cook and Hugh Peters, on Tuesday the 16th;
  • Thomas Scot, Gregory Clemen, Adrian Scroop and John Jones, on Wednesday the 17th;
  • Francis Hacker and Daniel Axtel, on Friday the 19th.

Harrison was chosen as the first partly, perhaps, because the Fifth Monarchists were (justifiably) considered a still-extant menace, and partly because, as one account had it,

[h]e was a fierce and bloody enthusiast. And it was believed, that, while the army was in doubt, whether it was fitter to kill the king privately, or to bring him to an open trial, that he offered, if a private way was settled on, to be the man that should do it. So he was begun with. But, however reasonable this might be in itself, it had a very ill effect: for he was a man of great heat and resolution, fixed in his principles, and so persuaded of them, that he never looked after any interests of his own, but had opposed Cromwell when he set up for himself. He went through all the indignities and severities of his execution, in which the letter of the law in cases of treason was punctually observed, with a calmness or rather a cheerfulness that astonished the spectators.

“As cheerful as any man could do in that condition”

And this coda is attested by the age’s famous diarist, Samuel Pepys, whose neat and oft-quoted summation of Harrison’s fate runs thus:

I went out to Charing Cross, to see Major-General Harrison hanged, drawn, and quartered; which was done there, he looking as cheerful as any man could do in that condition … Thus it was my chance to see the King beheaded at White Hall, and to see the first blood shed in revenge for the blood of the King at Charing Cross.

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Entry Filed under: 17th Century, Capital Punishment, Death Penalty, Drawn and Quartered, England, Execution, Gallows Humor, God, Gruesome Methods, History, Milestones, Notable Jurisprudence, Notable for their Victims, Politicians, Power, Public Executions, Religious Figures, Revolutionaries, Soldiers, The Worm Turns, Treason

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1396: Thousands of knights of the Last Crusade

Add comment September 26th, 2008 Headsman

On this date in 1396, Ottoman Sultan Bayezid I put thousands of Christian Crusaders to the sword — and with them, Christians’ zest for holy war against the Turk.

The day after crushing a European Crusading expedition at the Battle of Nicopolis — where Christ’s multinational divisions might have crippled themselves by opting for political reasons to go with gloryhounding French knights’ demand for a heavy cavalry charge as opposed to sneakier tactics — Bayezid was mighty sore to find that the invaders had executed en masse Muslim prisoners from their last engagement.

Barbara Tuchman’s A Distant Mirror relates the result:

The defeat was followed by a frightful sequel. As Bajazet toured the battlefield … he was “torn by grief” at the sight of his losses, which outnumbered the Christian. He swore he would not leave their blood unavenged, and the discovery of the massacre of the prisoners of Rachowa augmented his rage. He ordered all prisoners to be brought before him next morning. … [T]he leading nobles … were … spared [for ransom], as well as all those judged to be under twenty for forced service with the Turks.

The rest, an uncertain figure of several thousand, were marched naked before the Sultan, bound together in groups of three or four, with hands tied and ropes around their necks. Bajazet looked at them briefly, then signed to the executioners to set to work. They decapitated the captives group by group, in some cases cut their throats or severed their limbs until corpses and killers alike were awash in blood. [The Christian nobles being spared] were forced to stand by the Sultan and watch the heads of their companions fall under the scimitars and the blood spurt from their headless trunks…. The killing continued from early morning to late afternoon until Bajazet, himself sickened at the sight or, as some say, persuaded by his ministers that too much rage in Christendom would be raised against him, called off the executioners.

In truth, the era of the Crusade as most readily conceived — a bid to conquer the Holy Land — was long past by this time. But it had been under that tattered old banner that Christendom summoned its vassals to check the rising Ottoman Empire, which by this time had reduced Byzantium to a rump state around Constantinople.

The battle that precipitated this day’s* feast of carrion occurred in Bulgaria, where the Turks’ growing European footprint (and this affair essentially pinched out the Bulgarian Empire of the day) exercised the European courts in figurative as well as literal ways. Though other ventures would hoist the crusading pennant, there would be no major offensive incursions against the Turks until “crusades” had fallen well out of fashion.

None of this gory affair is to be confused with Indiana Jones and the Last Crusade, where a leap of faith proved more felicitous.

* Most sources place the Battle of Nicopolis at September 25, although some say September 28 — the latter date would obviously place this massacre on September 29.

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Entry Filed under: 14th Century, Beheaded, Bulgaria, Capital Punishment, Cycle of Violence, Death Penalty, Execution, France, God, History, Known But To God, Mass Executions, Milestones, No Formal Charge, Occupation and Colonialism, Ottoman Empire, Power, Put to the Sword, Soldiers, Summary Executions, War Crimes, Wartime Executions

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1994: Johannes van Damme, heroin smuggler

2 comments September 23rd, 2008 Headsman

At dawn this date in 1994, Dutch citizen Johannes van Damme was hanged at Singapore’s Changi Prison for drug trafficking.

The first westerner hanged under Singapore’s draconian anti-drug law, the engineer had been nabbed at the airport with 4.32 kilos of heroin.

Van Damme, 59 at his death, claimed ignorance of the illicit contents and his case drew appeals from the Dutch government — to no avail.

The city-state’s severe criminal code and comprehensively ordered society — “Disneyland with the Death Penalty” in cyberpunk author William Gibson’s formulation — is somewhat notorious at this point.

But while foreign migrants and guest workers had regularly faced the gallows for similar offenses, van Damme’s hanging marked a significant ramping-up of enforcement. According to Amnesty International, Singapore carried out 54 drug-related hangings in 1994 and another 52 in 1995, after an early-90’s pace of under ten per year. It’s maintained rates in the dozens of executions per annum since then, making it the heaviest per-capita user of the death penalty in the world.

And it doesn’t mind making its visitors sweat about it.

Welcome to Singapore. You’ll also see the warning on your embarkation card.

An intensified pace perhaps came with a new resolve on the part of the former British colony to forswear juridical perks to European offenders — at least to some extent. Van Damme’s fate makes an interesting contrast with that of his countrywoman, Maria Krol-Hmelak (the link is to her scanty Dutch Wikipedia page). Krol-Hmelak had been arrested a few months before van Damme also for possessing enough heroin to be presumed a smuggler and incur an automatic death sentence; at her trial a few months after van Damme’s, she received a surprise acquittal.

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Entry Filed under: 20th Century, Capital Punishment, Common Criminals, Crime, Death Penalty, Drugs, Execution, Hanged, Milestones, Netherlands, Singapore

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1977: Hamida Djandoubi, Madame Guillotine’s last kiss

2 comments September 10th, 2008 Headsman

On this date in 1977, the guillotine claimed its last head.

The famous and infamous blade dropped for the last time at Les Baumettes prison in Marseilles on Hamida Djandoubi, a Tunisian immigrant convicted of the torture-murder of the naive young girlfriend he had forced into prostitution. Oddly, he had already had another appendage — a leg — amputated as a result of a work accident; it was while recuperating that he caught the fascination of his hospital roommate’s 19-year-old daughter, Elisabeth Bousquet.

Though the death penalty was grinding to a halt in 1970’s France, Djandoubi was not the last person condemned (the link is French); the guillotine was only abolished with the election of the Francois Mitterand government in 1981.

Today, Executed Today discusses the case with the man who wrote the book on Djandoubi:* expat Canadian writer Jeremy Mercer. Be sure to check his photo series on the Djandoubi case — including discomfiting shots of Djandoubi re-enacting his crime with a police secretary playing the victim, and the killer in happier times.

ET: Thanks for joining us.

JM: Thanks for the opportunity to speak with Executed Today. I moved to Marseille in 2003 and shortly after I stumbled upon the rather arcane fact that the last man guillotined in France was executed at the local prison on September 10, 1977. I thought it was interesting angle on capital punishment and I decided to try and write a book that mixed true crime and death penalty philosophy. As a result, I’ve been immersed in the death penalty debate for the better part of five years.

Let’s start with Hamida Djandoubi himself — 31 years on, he looks like a nasty but fairly run-of-the-mill criminal. Was it strictly coincidental that he became the last man executed?

It was absolutely random fate. It was really odd – during the 1970s, the death penalty debate was raging in France and most capital cases became national news. But the Djandoubi case went completely under the radar, partly because his lawyer didn’t drum up any attention and partly because his victim was a presumed prostitute and the media prefers ‘sexier’ victims – the elderly, little children, a dentist of good standing walking her dog at night.

Even odder, if you surveyed most French people today, they would tell you that Christian Ranucci was the last man guillotined. Ranucci was a young white man who was accused of killing a little girl. He claimed his innocence, but was nonetheless executed in June 1976 (14 months before Djandoubi). Afterward, a best-selling book and major film were released that argued Ranucci was innocent so his name really sticks in the minds of the French.

Obviously, there’s plenty of tension with North African communities in France still today. Djandoubi was Tunisian, and he was convicted of murdering a white woman. How significant was racial marking in the way his case was handled, inside the courts and out?

This is really curious. In the 1960s and 1970s, the French courts were tainted by racism and one of the national papers even ran an editorial saying that it is better to be named “Marius than Mohamed” when appearing before a French judge. But, in this case, it was Djandoubi’s own lawyer who was a member of a far-right party and staunchly anti-Arab so his case was undermined even before it went to court.

It is one of those frustrating moments. You assume that a death penalty case is of such importance that top professionals are involved. Instead, Djandoubi chose the civil lawyer who negotiated his accident benefits after he had an accident at work and ended up with a very poor defence.

As I said above, his murder victim had worked as a prostitute, which diminished some of the public outrage. As well, his three rape victims were all Algerian girls aged 14 – 16. I guarantee you the case would have been much more explosive if those three girls had been white.

Your book is partly about Djandoubi himself, and partly about the history of the death penalty and especially the guillotine in France. How had the guillotine shifted in France’s identity by the time of this execution?

At first, when the guillotine was introduced, it was public sensation and executioners became celebrities with special edition postcards in their honour and fan mail and all that. As late as the 1860s, tour groups like Thomas Cook were actually organizing execution trips so English tourists could see the guillotine at work. But, bit by bit, the French became a little embarrassed by the fame of the machine. First, they removed the scaffolding that raised the guillotine above the crowds so that it would be brought down to earth and spectators’ views would be impaired; then, they stopped holding executions in the afternoon and held them at the less fan-friendly time of dawn; then, instead of guillotining people right downtown, they did it outside a prison in an obscure neighborhood at the edge of Paris; and, finally, in the 1930s they moved the guillotine inside the prison walls and it was no longer a public event. By the 1970s, the guillotine held such a low profile that many people thought it was defunct and that the French government was using the electric chair.

Interestingly enough, the fall from glory of the guillotine mirrors the general attitude toward capital punishment. By the late 1800s, many countries were already abolishing the death penalty and by the 1970s France was the last country in Western Europe to resort to capital punishment. In the end, the guillotine became the country’s dirty little secret that they kept hidden in their closet.

What are the bits of guillotine folklore you found most interesting?

The most popular stories involve the life in the head after it is severed from the body. It all began with the guillotining of Charlotte Corday, who had stabbed Jean-Paul Marat to death as he soaked in his bathtub. After she was guillotined, the executioner held her head up to the crowd and slapped her on the cheek. But, according to newspaper accounts, both cheeks reddened, as if Corday was indignant by this treatment. Suddenly, everyone began to wonder what a severed head can feel or think.

This curiosity became even more intense a few weeks later when the chief executioner, Charles Henri Sanson, guillotined two political rivals one after the other. He told friends that when he looked in the basket where he kept the heads, one politician’s head was biting the other politician’s head!

So, all this got the scientists really excited and the experiments began. One doctor, Dassy de Ligières, was allowed to take a head back to his laboratory where he connected it to a living dog and pumped blood back into it. He kept hoping the head would speak, but alas, no.

The definitive experiment was conducted in 1905 when Dr. Beaurieux was given permission to wait beside the guillotine and examine the head the moment it was cut. Dr. Beaurieux interviewed the condemned man in prison and came up with a pre-arranged set of signals. The day of the execution, the doctor had incredible luck –the head did a little twist when falling and landed on the stump, slowing the loss of blood. Dr. Beaurieux then called the man’s name three times. At 5 seconds, the man was able to look at the doctor and his recognize him; at 15 seconds, the man was able to look at the doctor but his eyes were unfocussed; and at 25 seconds, the man could barely glance at the doctor. So, to the best of our knowledge, a guillotined head maintains some level of consciousness for more than 20 seconds.

You’re working with Robert Badinter — tell us about him, and his upcoming tour in the U.S.

Robert Badinter is simply the greatest man I’ve ever had the honor of working with. He became a dedicated abolitionist after one of his clients was unjustly guillotined in 1972 and dedicated the next decade of his life to fighting the death penalty. In the end, he saved six lives and ultimately wrote the legislation that abolished the death penalty in 1981 when François Mitterrand named him Minister of Justice.

I interviewed Badinter for my own book in 2005 and he asked me if I could look into translating one of his books into English. When I had time in 2007, I set about the task and now Abolition has been released by Northeastern University Press.

Badinter’s Abolition, in French and in Mercer’s translation

To mark the book’s release, Badinter will be holding three conferences in America on the death penalty and strategies to abolish it:

Why, in your judgment, did France abolish the death penalty? And even before abolition, why did its use abate so dramatically in the postwar era?

For many people, it was a tremendous humiliation for France, the birthplace of human rights and the Enlightenment, to be the last country in Western Europe to use the death penalty. The abolition movement began when Portugal abolished the death penalty for common crimes in 1867 and by the late 1970s, nobody was using it in Europe. Even in Spain, one of the first things they did after the death of Franco was abolish the death penalty.

So, the use of the guillotine simply had to abate because the world was becoming aware that the death penalty is a flawed punishment: the risk of executing innocents, the cost of capital trials, the predominance of poor and minorities on death row, the lack of deterrence value. But, as long as there was a right-wing government in power in France, they couldn’t abolish the death penalty because they wanted to appear tough on crime and polls showed a majority of the French people wanted to keep the guillotine.

Once Mitterrand and the Socialists were elected in May 1981, it was clear the death penalty would be abolished, and sure enough, five months later it was gone

Where do you think the death penalty is going in America? And can one really think of worldwide abolition as a legitimate possibility?

I am absolutely convinced we will see almost worldwide abolition by 2050. There will always be a few rogue states, but the death penalty is such an obviously flawed form of punishment it will inevitably be eliminated.

In terms of America, Badinter and I have discussed it at length. He believes the country is ready for abolition and that all is needed is one trigger case: a middle class white guy with a reasonable claim to innocence who is about to executed. This would really instigate a debate on the penalty and as soon as you bring in all stats – the 130 plus people who have been exonerated while on death row, the work of the Innocence Project, the race bias, the cost of capital trials, the overworked public defenders etc etc – I think it would be a slam dunk.

Personally, I think people are selling the abolition the wrong way. Every time I meet a die-hard death penalty supporter who wants a serial killer or a child rapist killed, I ask him or her “Why are you so merciful?” Because, I honestly believe life in prison is a far worse punishment than being executed.

* Here’s a review of Mercer’s book.

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Entry Filed under: 20th Century, Beheaded, Capital Punishment, Common Criminals, Crime, Death Penalty, Disfavored Minorities, Execution, France, Guillotine, History, Interviews, Milestones, Murder, Other Voices, Racial and Ethnic Minorities

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1807: James McLean, twice

Add comment August 28th, 2008 Headsman

On this date in 1807, James McLean survived one hanging but not a second at Batavia, N.Y.

Subject of the first public execution in Genesee County, the drunken Scottish immigrant had axed to death a fellow squatter in an argument … and then a second man who ran to his victim’s aid … and then almost a third who was saved by flight.

This minor execution is the subject of an extensive historical inquiry* by a descendant of one of the victims full of period color: the defendant claiming the (then-recognized) right to a jury consisting of half non-citizen aliens as a “jury of his peers”; the billing receipts for the manhunt and the gallows construction (including gallons of brandy for the guards); and the indeterminate legends about what happened when the rope broke the first time.

The story has been told and retold that during the hanging the rope broke and McLean fell to the ground, shaken and stunned but alive. While another rope was being secured, McLean was reputed to remark, “As I killed two men, I deserve two hangings.” Another version has McLean protesting a second hanging since he had been convicted of only the one murder and had already been hung for that.

However, a historian’s recounting of the era’s newspaper accounts claims

that when the weight fell, the rope broke and McClean fell to the ground. He soon recovered from the shock and rising to his feet, expressed a strong desire not to be “hung again.” Some insisted that one hanging was a fulfillment of the law. Others, however, thought differently and informed McClean that “as he had killed two men, he ought to be hung twice.”

* The writer’s use of “gibbet” to mean an apparatus for a “sudden suspension” hanging, where the prisoner is not dropped but jerked into the air by a countervailing weight, is non-standard; “gibbet” means a gallows (or certain types of gallows structures, if you’re persnickety about it), and became a verb signifying the salutary posthumous display upon such a structure of an executed prisoner’s remains.

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Entry Filed under: 19th Century, Botched Executions, Capital Punishment, Common Criminals, Crime, Death Penalty, Execution, Famous Last Words, Hanged, Milestones, Murder, New York, Notable Jurisprudence, Public Executions, USA

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1848: Camila O’Gorman and Father Ladislao Gutierrez, for traditional family values

1 comment August 18th, 2008 Headsman

On this date in 1848, a pregnant 20-year-old socialite and her forbidden lover were shot at the order of an Argentine dictator.

Virtually a lens for the contradictory currents of gender, class and power in her time, Camila O’Gorman was the daughter of an elite family of (as her name suggests) Irish extraction, and a bosom friend of the daughter of her future executioner, dictator Juan Manuel de Rosas.

She fell into a torrid affair with Gutierrez, the family priest, and in 1847 eloped with him, a grand gesture of romanticism that brought a government warrant for their capture to “satisfy religion and the law and to prevent further cases of immorality and disorder.”

A scandal, as one might suppose — there was much chatter over who seduced whom, and whether it was a kidnapping — but a manhunt (and womanhunt)? Rosas appears psychotically enraged by two young people crazy in love, and still more so for summarily decreeing their death when he had them in his clutches. Another priest, it turned out, handed them over — more in sadness than in anger, in the manner of such folk, but understanding deep down that the arbitrary law is the law and immorality and disorder don’t go about preventing themselves.

O’Gorman was the first woman executed in independent Argentina, and she was eight months pregnant: the better to “satisfy religion” (though not the law, which forbade the execution of a pregnant woman), O’Gorman’s unborn child was baptized … by making her mother drink holy water.

The lovers were then shot together at the town of General San Martín, then known as Santos Lugares de Rosas.

The pregnant O’Gorman, borne to her firing squad. The image comes from this Argentinian page (in Spanish) about the heroine.

According to this effusively pro-elopers essay,

Camila and Uladislao’s brave sense of freedom upset the structured norms of a society used to obeying through fear. Their only way of facing the tyrannical power was escaping from a society which would never understand. They did not give up on their love to please the Restorer [Rosas], as was expected in those days. They never showed signs of repentment, [sic] on the contrary their peaceful minds reflected their clean consciences.

And among the many questions this tragic true story might raise, there’s one that particularly appals [sic] us: why did Rosas shoot Camila knowing the law stated a pregnant woman could not be murdered? Was that baby guilty of his parents’ “crime”?

He evidently was, since by being born he would symbolise the testimony not only of the criminal act, but also the evidence of “disobedience” of a moral code imposed by a fearful dictator.

Such Shakespearean drama ripped from recent history has not failed to inspire literary treatment — such as Enrique Molina’s Una Sombra Donde Suena Camila O’Gorman, (”A Shadow Where Camila O’Gorman Dreams”) and this 19th century Spanish text.

On the screen, O’Gorman and Gutierrez’s doomed love was the topic of one of the first Argentine feature films (a century-old silent film now thought lost), and an Academy Award-nominated 1984 film with plenty of talking:

Possibly Related Executions

Entry Filed under: 19th Century, Argentina, Arts and Literature, Capital Punishment, Death Penalty, Execution, Famous, History, Martyrs, Milestones, No Formal Charge, Popular Culture, Power, Religious Figures, Scandal, Sex, Shot, Women, Wrongful Executions

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1963: Henry John Burnett, Scotland’s last hanging

Add comment August 15th, 2008 Headsman

On this date in 1963, the executioner paid his last call to Scotland with the hanging of Henry John Burnett for the murder of a rival-in-love seaman.

The type parents hope their daughter never dates, Burnett liked to keep his squeeze Margaret May Guyan under lock and key to keep her stepping out on him.

It’s an old, old tale. Boy meets girl, boy makes girl his prisoner, girl gets creeped out and returns to estranged hubby Thomas Guyan at 14 Jackson Terrace in Aberdeen, boy blasts Guyan in the face with a shotgun. How many times have we heard it told?

Even though the noose was on its way out — this is not only the last execution in Scotland, but the only hanging in Aberdeen in the past century and a half — there wasn’t much pussyfooting around when they’d made up their mind to use it: Burnett outlived his victim by only eleven weeks — notwithstanding an insanity plea and clemency petitions from both his own and the victim’s families — before hanging at Craiginches Prison, a facility that surely ought to be somebody’s porn name.

It’s got pride of place in a book about Aberdeen crime history, Blood and Granite. Because you can find anything on YouTube, there’s also this fine teaser for a forthcoming animation project of some kind:

Part of the Themed Set: At the End of the Rope.

Possibly Related Executions

Entry Filed under: 20th Century, Capital Punishment, Common Criminals, Crime, Death Penalty, England, Execution, Hanged, Milestones, Murder, Scotland, Sex

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