Posts filed under 'Milestones'

1918: Tsar Nicholas II and his family

Add comment July 17th, 2008 Headsman

In the small hours after midnight on the night of July 16-17 90 years ago, the former Tsar Nicholas II, his wife, children, and four family retainers, were shot in a Yekaterinburg basement by their Bolshevik jailers.

Doting family man, vacillating dictator, as weak and rich as Croesus … the doomed Emperor and Autocrat of All the Russias was a man small of stature. His reign emerged under a bad star when 1,300 Muscovites were trampled to death in the crush for his coronation largess; 18 years later, Nicholas’s support for Serbia against Austria-Hungary was instrumental in pitching Europe into World War I, a blunder for which he reaped a whirlwind long in the making.

When an anti-Bolshevik force approached Yekaterinburg (or Ekaterinburg), where the deposed royals had been stashed in a commandeered private residence,* Yakov Sverdlov (for whom the city was subsequently renamed) ordered the prisoners shot — not only the tsar, but his beloved wife, their hemophiliac heir, and those four daughters who had to be bayoneted because the state jewels secreted in their corsets shielded them from the gunfire.

The executioners (here’s the account of their leader; here’s another guard’s version) did their best to eviscerate and conceal the remains, helping fuel subsequent rumors that one of the children had survived and escaped.

Those rumors are only now, with post-Soviet investigation and DNA forensics, being debunked, and not yet to the satisfaction of all comers. This very week, Moscow affirmed (though the Orthodox church has not accepted) that the last of Nicholas’s family had been accounted for:

Modern nostalgia for this unimpressive sovereign is making a minor comeback, with Nicholas absurdly contending in a current poll for the title of “greatest Russian” … supported not only by the miseries of the state that succeeded his, but by the family’s decent and accessible private life.

Even a monarchist — especially a monarchist! — shouldn’t reason that the greatest monarch is the one who drove the bus over the cliff. But much is forgiven a martyr. Indeed, like Charles I of England, the last Romanov monarch has been posthumously saddled with divine sanction; he and all the family are certified “passion bearers”. (Update: And possible future relics!)

A handful of the many books about the Romanovs and their fall

* The Ipatiev House where the tsar was held (and shot) no longer stands. On its spot is a church consecrated five years ago yesterday to the Romanov canonization.

Entry Filed under: 20th Century, Borderline "Executions", Botched Executions, Capital Punishment, Death Penalty, Execution, Famous, Heads of State, History, Martyrs, Mass Executions, Milestones, No Formal Charge, Notable Participants, Political Expedience, Popular Culture, Power, Put to the Sword, Royalty, Russia, Shot, Summary Executions, The Worm Turns, USSR, Wartime Executions, Women

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1989: Horace Franklin Dunkins, Jr., “just hope that he was not conscious”

Add comment July 14th, 2008 Headsman

Minutes after midnight this date in 1989, Alabama’s executioners electrocuted a mentally retarded murderer. Nine minutes later, after rewiring the chair, they finally managed to kill him.

Alabama’s fifth execution of the “modern” era initially made the headlines as the nation’s first execution of mentally impaired prisoner after the Supreme Court’s controversial Penry v. Lynaugh decision (since overturned) green-lighted the death penalty for retarded defendants.

Horace Franklin Dunkins, Jr. and an accomplice had raped a mother of four, tied her to a tree, and stabbed her to death, an unquestionably horrific crime. A black man with a white victim deep in Dixie … well, his IQ in the high sixties wasn’t going to help him do anything but waive his right to remain silent. The jury at his trial didn’t hear about his borderline mental retardation — Penry would require that juries get that information in the future — and at least one juror later said that little tidbit would have made the difference in Dunkins’s case.

At any rate, the buzz in this morning’s papers wasn’t about the circumstances of Dunkins’s entry into the criminal justice system, but his clumsy exit from it into the great hereafter.

According to the account of a Dr. John Vanlandingham:*

I saw Dunkins in the electric chair and I heard the generator start…. After a short period of time the other doctor … and I were called into the execution chamber. I could see that Dunkins was breathing…. I checked his peripheral pulse, in his wrist, and it was normal. I listened to his heart and his heartbeat was strong with little irregularity…. I told an official that Dunkins was not dead. Dr. - and I returned to the witness room…. I again heard the generator begin.

“I believe we’ve got the jacks on wrong,” the prison guard captain called out. It was flatly not enough current to kill, although it apparently did the killer the favor of knocking him out.

From 12:08 to 12:17, Dunkins sat motionless and seemingly unconscious while the execution team went all MacGyver on Yellow Mama. Once they’d fit Tab A into Slot B into Lethal Electrode C, they were finally able to try again. The doctors pronounced death 19 minutes after the switch had first been thrown.

”I regret very very much what happened,” the Alabama Prison Commissioner, Morris Thigpen, said at a news conference after the execution. ”It was human error. I just hope that he was not conscious and did not suffer.” (The New York Times)

* Dr. Vanlandingham was participating in the execution despite an injunction by the American Medical Association, which considers it a violation of the Hippocratic Oath. Physicians’ involvement (or not) in executions is a thorny ethical issue of its own; Vanlandingham, however, is not the only doctor to break the taboo.

Part of the Themed Set: Embarrassed Executioners.

Entry Filed under: 20th Century, Alabama, Botched Executions, Capital Punishment, Common Criminals, Crime, Death Penalty, Diminished Capacity, Electrocuted, Execution, Milestones, Murder, USA

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1999: Allen Lee “Tiny” Davis, the end of the road for Old Sparky

Add comment July 8th, 2008 Headsman

On this date in 1999, America’s obesity epidemic met Florida’s death penalty politics in the ugly electrocution of Allen Lee “Tiny” Davis.

The reader will discern that Tiny earned his nickname ironically. Reportedly 159 kg (350 pounds) at his death, he’d put his ample heft to work bludgeoning a pregnant mother of two beyond recognition with a revolver handle back in 1982 … and then shooting to death the now-motherless two.

As his appeals meandered through the courts, Davis got fatter — and got high blood pressure, arthritis, hypertension and a wheelchair. Meanwhile, the death penalty was meandering its own way across the weird political chessboard of the Sunshine State.

For the American death penalty nowadays, it’s Texas and then everyone else … but time was that Florida was the capital of capital punishment.

It conducted the first “modern” involuntary execution in 1979. It had carried out three executions before anyone else had more than one. And when the the drip-drip-drip pace of one or two execution nationwide per year in the early 1980’s finally burst into a torrent, Florida led the way with eight of the 21 executions in 1984.

Not until late in 1986 did Texas overtake Florida in the body count sweepstakes.

All that time, Florida was happily using its vintage electric chair, Old Sparky (one of several electric chairs with that moniker), built in 1923 of 100% oak wood and prison labor. And the more the chair’s quasi-medieval ickiness drove other states to lethal injection, the more Floridians cherished electrocution.

Law-and-order Tampa mayor Bob Martinez won the governorship in 1986 on the promise that “Florida’s electric bill will go up.” There was a high-profile botch in 1990, and another in 1997 — flames shooting from the inmates’ heads. What was the state’s Attorney General going to do about it? “People who wish to commit murder, they’d better not do it in the state of Florida because we may have a problem with the electric chair.” Under pressure to move to lethal injection — the chair’s unsightly malfunctions were spawning legal and public relations nightmares that were gumming up the gears — the legislature voted nearly unanimously to keep Old Sparky.

And then along came a giant.

After three-quarters of a century and 266 jobs, Old Sparky was “falling apart” … and that was going to be a problem for a man of Davis’ carriage.

The killer’s lawyers argued that Davis was so fat he couldn’t conduct electricity efficiently and would be slowly cooked to death. According to Slate, Florida authorities were nervous that he’d break the chair during his electrocution and send a disconnected live cable scything into someone else in the room.

It was time for the unthinkable: Florida retired Old Sparky and built a new chair … and supersized it.

And it worked, in that it killed Tiny. But what a mess — especially when an ensuing Florida Supreme Court opinion once again upheld the constitutionality of electrocution, and a dissenting judge attached the photos on this page to his opinions. Naturally, they became a grisly Internet sensation.

Old Sparky’s custom-built successor would only manage this single execution before Florida finally got on the lethal injection bandgurney.

Or at least, it’s only managed one so far. Old electric chairs don’t die, they just fade away … and in Florida, Tiny Davis’s chair remains available for condemned prisoners who choose it. Since this date in 1999, none have.

Entry Filed under: 20th Century, Botched Executions, Capital Punishment, Common Criminals, Crime, Death Penalty, Electrocuted, Execution, Florida, History, Milestones, Murder, Notable Jurisprudence, Ripped from the Headlines, USA

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1865: Four for Abraham Lincoln’s assassination

July 7th, 2008 Headsman

On a sweltering July 7, 1865, a mere 12 weeks after Abraham Lincoln was shot at Ford’s Theater, four of his assassin’s accomplices were hanged in the courtyard of the District of Columbia’s Washington Arsenal — present-day Fort McNair, and specifically its tennis courts.

Booth, on the far left, playing Marc Antony in Julius Caesar opposite his brothers. He had Brutus’ example in mind, as he wrote in his diary while on the run: “with every man’s hand against me, I am here in despair. And why? For doing what Brutus was honored for.”

The exact nature of the conspiracy against the man who had seen the North to victory in the Civil War has been debated ever since actor John Wilkes Booth lodged a ball from his one-shot Derringer behind Honest Abe’s ear. But it was a conspiracy — an astoundingly bold one.

Simultaneous with Booth’s successful attack upon Lincoln, there was an unsuccessful attempt to kill Secretary of State William Seward; it would emerge in the investigation that another man had been detailed to murder Vice President Andrew Johnson, but got drunk and chickened out. The apparent upshot: with the President and Vice President dead, new national elections would be required to replace the Senator who would become acting president — and with the Secretary of State dead too, there’d be nobody to implement them. Booth was trying to paralyze the North with its own constitutional machinery in some desperate hope of reviving the defeated South.

Ten Against D.C.

Hundreds were detained in the stunning assassination’s immediate aftermath, but ten would ultimately be the federals’ targets. A massive manhunt pursued Booth through southern Maryland and into Virginia, where he was killed in a shootout. John Surratt, who had conspired with Booth in an earlier plot to kidnap the president — that failed plot had been reconfigured into the assassination — escaped from the country.

The other eight were rounded up and stashed at the Arsenal to face a military tribunal. It was a highly controversial arrangement: the war had entered a gray area — Robert E. Lee’s surrender just days before the murder had effectively ended the war, but when the trial opened in May Confederate President Jefferson Davis was still at large, and the last Southern general wouldn’t lay down his arms until late June. The District of Columbia was still technically under martial law … so would it do to use a military court?

Military Tribunal

So the government asked itself: government, would you rather have looser evidentiary rules and a lower bar of conviction than you would have in civil court? The government duly produced for the government an opinion that the military characteristic of the assassination — that is, to help whatever southern war effort still obtained — licensed the government to use the military courts.

That didn’t sit well with everyone. One former Attorney General griped:

If the offenders are done to death by that tribunal, however truly guilty, they will pass for martyrs with half the world.

Indeed, a year later, the Supreme Court’s landmark ex parte Milligan ruling would forbid the use of military courts where civilian courts are open — which they were in Washington, D.C.

That, of course, was too late to help Booth’s comrades. It would be a military trial, with a majority vote needed for conviction and no right of appeal but to the president for the most infamous crime of the Republic. Everyone had a pretty good idea what the results would be.

A cartoon depicting the defendants as Gallow's (sic) Birds.

Rogues’ Gallery

Two of the four today were doomed from the outset under any juridical arrangement imaginable: Lewis Powell (also known as Lewis Paine or Lewis Payne) had made the attempt on Secretary of State Seward; David Herold had guided him there with the getaway horse, and later escaped along with Booth. They were in way past their eyeballs. George Atzerodt, the schmo who couldn’t rise to the occasion of popping Andrew Johnson, looks a bit more peripheral from the distance of a century and a half, but in the weeks following the assassination he was much too close to the action to have any hope. All received death sentences.

Two others — Michael O’Laughlen and Samuel Arnold — had been involved in Booth’s earlier scheme to kidnap the president, but didn’t seem to have much to do with the murder. Still another two — Ned Spangler and Dr. Samuel Mudd* — were lesser participants. They all received long prison sentences for their pains, and the three of them still surviving were pardoned by Andrew Johnson as he left the presidency in 1869.

That left Mary Surratt, mother of the fugitive John and the only woman in the dock, the focus of attention and controversy. The 42-year-old widow owned a downtown boardinghouse, plus a tavern of sufficient importance at a Prince George’s County, Maryland, crossroads, that its community was called Surrattsville.**

The conspirators met frequently in her lodgings; Surratt maintained her innocence beyond that, but evidence and witness testimony began to pile up heavily against her … especially when Seward assailant Lewis Powell wandered into her place looking for refuge right while the police were questioning her. Booth and Herold turned out to have made a pit stop at her Surrattsville tavern to pick up a package of guns that Mary had prepared for them.

Though Surratt’s avowal of ignorance was not widely believed, a gesture of presidential mercy was anticipated — many thought (and think) she went on trial as a virtual hostage for her absconded son, who declined to take the bait. Strangely, five members of the nine-judge panel who condemned Mary Surratt turned around and asked President Johnson for clemency. Johnson claimed never to have seen the memo, but his mind seemed pretty made up — when Surratt won a habeas corpus stay on the morning of her scheduled hanging, he promptly “specially-suspended” the writ specifically to hang her:

I, Andrew Johnson, President of the United States do hereby declare that the writ of habeas corpus had been heretofore suspended in such cases as this; and I do hereby specially-suspend this writ, and direct that you proceed to execute the order heretofore given upon the judgment of the Military Commission.

Harsh treatment, and possibly well-deserved, for the first woman executed by the U.S. government. Even so, it does seem a curious thing when all is said and done that the mother of “the nest that hatched the egg” was worth a special suspension of the Great Writ, and even the stagehand who just held Booth’s horse for him caught six years, but old Jeff Davis — who apart from having figureheaded a treasonous four-year insurrection was implicated for giving Booth’s kidnapping plot official Confederate sanction — got to retire to write his memoirs.

Fine pages on the Lincoln assassination are here, here and here. There are also contemporary newspaper accounts posted online as filed for The Boston Post and The New York Herald.

The Surratt houses, by the way, are still standing. The Maryland tavern is kept as the Surratt House Museum by the Surratt Society. The downtown boarding house is a Chinese restaurant … marked with a plaque remembering more momentous doings than bubble tea.

The Chinatown restaurant where Mary Surratt had her boarding house ...

... as marked by plaque ...

... and how it looked back then.

* The panel voted 5-4 to hang Mudd, a Maryland doctor who not only set the leg Booth broke when he leaped onto the stage after shooting Lincoln, but then misdirected Booth’s pursuers. However, the rules for the trial said a two-thirds majority was required for execution.

** They changed the name after the unpleasantness. Today, it’s Clinton, Maryland.

Entry Filed under: 19th Century, Assassins, Capital Punishment, Confederate States of America, Crime, Death Penalty, Execution, Hanged, History, Infamous, Maryland, Milestones, Murder, Notable Jurisprudence, Notable for their Victims, Notably Survived By, Popular Culture, Power, Scandal, Separatists, Treason, U.S. Federal, U.S. Military, USA, Wartime Executions, Washington DC, Women

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1882: Charles Guiteau, James Garfield’s colorful assassin

2 comments June 30th, 2008 Headsman

On this date in 1882, America’s weirdest assassin recited fourteen verses of the Gospel of Matthew and (sans requested orchestral accompaniment) a poem of his own composition entitled “I am Going to the Lordy,” and was hanged in the District of Columbia jail for shooting forgettable Gilded Age president James Garfield.

Mad as a march hare, Charles Julius Guiteau had irritated the obscure reaches of the Republic near four decades, trying his hand at free love, law, newspapering* and evangelism. A contemporary account of his religious flimflammery survives:

Charles J. Guiteau (if such really is his name), has fraud and imbecility plainly stamped upon his (face). (After) the impudent scoundrel talked only 15 minutes, he suddenly (thanked) the audience for their attention and (bid) them goodnight. Before the astounded 50 had recovered from their amazement…(he had taken their money and) fled from the building and escaped.

Having failed at each characteristic American monkeyshine more comprehensively than the last, he naturally gravitated to politics; while today Guiteau might tilt with his psychoses on some vituperative blog, in 1880 he published and delivered as a speech a widely-ignored crackpot encomium** for his eventual victim. Guiteau reckoned the GOP carried the 1880 elections on the strength of such rhetorical thunderbolts as “some people say he [Garfield] got badly soiled in that Credit Mobilier transaction but I guess he is clean-handed.”

Stunned that his contributions did not earn him a diplomatic posting to France, Guiteau stepped out of obscurity and into this blog’s pages by shooting the ungrateful (and unguarded) executive in the back at a Washington, D.C. train station (since demolished, and today occupied by the National Gallery of Art).

“To General Sherman: I have just shot the President. I shot him several times as I wished him to go as easily as possible. His death was a political necessity. I am a lawyer, theologian, and politician. I am a stalwart of the Stalwarts. I was with Gen. Grant, and the rest of our men in New York during the canvass. I am going to the Jail. Please order out your troops and take possession of the Jail at once. Very respectfully, Charles Guiteau.” (Click for the full image.) From the Georgetown Charles Guiteau collection.

Thoughtfully, he had already hired a cab to take him to jail, where he expected to be liberated by General William Sherman.

Malpractice

The bugger of Garfield’s assassination is that Guiteau was no better at killing presidents than he was at electing them. Despite his exultation “Arthur is President now!”, he actually inflicted what could have been a non-fatal flesh wound that through ten-thumbed medical intervention became an agonizing eighty-day Calvary for the miserable Garfield.

Doctors jabbed unwashed hands into the the wound, failing to dig out the bullet they were looking for but successfully turning the three-inch wound into a crater, puncturing Garfield’s liver, and passing him Streptococcus. Alexander Graham Bell invented a metal detector to find the missile, but the damn thing gave a bad reading … because Garfield was lying on a bed with metal springs. His doctors, feuding with one another and with the press, instituted a regimen of rectal feeding — “Nutritive enemas — consisting of beef bouillon, egg yolks, milk, whiskey, and several drops of opium … Garfield’s flatulence became intolerable,” according to one biographer — that “basically starved him to death.”† He lost 100 pounds before succumbing; the autopsy concluded that Garfield probably would have lived if not for the medical attention, which didn’t stop the doctors from submitting a sizable invoice to the feds for services rendered.

(In a moment of lucidity, Guiteau defended himself with the observation “The doctors killed Garfield; I just shot him.”)

Not Ha-Ha Funny

Horribly hilarious, this American Absurdistan. “Except for the dead-serious details of his assassinating President Garfield and being in all likelihood clinically insane, Charles Guiteau might be the funniest man in American History,” Sarah Vowell put it.

Guiteau’s circus trial — with the defendant constantly interrupting to harangue participants, object to his own attorneys or converse with the spectators, plus the macabre appearance of the late Garfield’s actual vertebrae (now at Washington D.C.’s National Museum of Health and Medicine) as an exhibit — was for all that a landmark test of evolving law around criminal insanity.

Just as Garfield probably would have survived his injury had he been treated by the next generation’s medical norms, Guiteau probably would have survived his brush with the law if treated by the next generation’s legal norms.

Against an almost-too-strict-to-achieve earlier bar for legal insanity, a more accommodating jurisprudential norm called the M’Naghten Rules or M’Naghten Test was even then being adopted from English courts: essentially, did the “criminal” realize his act was wrong? Still the basis for legal insanity claims in much of the U.S. today, the first trial of a presidential assassin would be the M’Naghten standard’s trial by fire.

While the judge gave ample leeway for the defense to use M’Naghten, the legal standards it implied were still not widely understood and the medical testimony about Guiteau’s mental condition was (embarrassingly, for the profession) wildly contradictory. Ultimately, the judge cued the jury that “the law requires a very slight degree of intelligence indeed” on Guiteau’s part to impute him with sufficient criminal culpability to hang. There were cheers in the courthouse when the jury took an hour to decide that Guiteau had that very slight degree of intelligence indeed.

In the final analysis, as Charles Rosenberg observes in The Trial of the Assassin Guiteau: Psychiatry and the Law in the Gilded Age, the jurors’ prompt conviction of the widely hated, barking-mad defendant underscored the real-life constraints of dry legal theory as applied by an outraged community to a notorious offender:

[T]he Guiteau case demonstrated anew that the circumstances of a particular case had ordinarily as much to do with its disposition as the precise injunctions of rules of law … Many observers agreed after the trial that if an individual of Guiteau’s marked eccentricity had killed an ordinary man … he would almost certainly not have been convicted; very likely he would not even have been brought to trial. Similarly, while Garfield lay on his sickbed, it was commonly assumed that his assailant would be institutionalized if the President should survive. But if not, then not.

Reckoning the gesture could cost him the 1884 Republican nomination, Chester A. Arthur declined to spare his “benefactor” (”Arthur has sealed his own doom and the doom of this nation,” was Guiteau’s reaction, picturing fire and brimstone) and left Guiteau to his strange and lonely fate. The latter was talked out of an early plan to go to the gallows in the Christlike garb of only his undergarments, but did insist upon delivering his incoherent parting ramble in a high-pitched childlike tone (”the idea is that of a child babbling to his mama and his papa”).

Wrapping up this surreal historical episode in a neat little bow, Charles Guiteau got his own bluegrass tune:

For more adventures through Guiteau’s looking glass, there’s a fine page at the University of Missouri-Kansas City.

* One of Guiteau’s failed newspaper ventures was to exploit the telegraph to reprint original content from other outlets. That one looks a lot less harebrained in retrospect: it’s a primitive model of the wire service, and latterly of RSS-based distributors like Google News.

** Scans of Guiteau’s apologia for Garfield — via Georgetown’s Charles Guiteau collection — are here: cover, pages 1-2, page 3.

† You really want to know more about the South Park-esque practice of rectal feeding? Garfield’s quack physician published this pamphlet in 1882.

Entry Filed under: 19th Century, Assassins, Capital Punishment, Crime, Death Penalty, Diminished Capacity, Execution, Famous Last Words, Hanged, History, Infamous, Milestones, Murder, Notable Jurisprudence, Notable Participants, Notable for their Victims, Political Expedience, USA, Washington DC, Wrongful Executions

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1953: Julius and Ethel Rosenberg, “the first victims of American fascism”

June 19th, 2008 Headsman

On this date in 1953, Julius and Ethel Rosenberg were put to death in Sing Sing’s electric chair as Soviet spies.

Divisive since it was handed down — or more precisely, since a famous article in London’s Guardian challenged the verdict and helped elevate it into a latter-day Dreyfus case — the Rosenbergs‘ sentence has inspired so much acrimony over several generations that merely to observe the date is to invite a debate capable of eminently more heat than light.

Where to begin with a case so towering in the recent cultural milieu?

A textbook might say that Julius and Ethel were convicted of passing atomic secrets to the Russians, that they maintained their innocence and their defenders carried that flame years after their deaths, and that intelligence files opened after the Cold War — notably the Venona project — apparently confirmed that Julius was a spy after all, though Ethel seems to have been little more than an approving bystander and Julius, come to think of it, never had anything so worthwhile as atomic secrets to share with Moscow. This information (which does have its own skeptics, albeit a minority) undermines the maximal “absolute innocence” position that this day’s victims always asserted, but it’s a curious leap to take it as vindicating the legal outcome.

“My husband and I must be vindicated by history; we are the first victims of American fascism.”

Half a century on, juridical guilt or innocence seems distinctly secondary in the lasting importance of the Rosenberg trial, the two-year battle to save them, and their potent symbolic afterlives.

The Rosenbergs are the only stateside judicial executions for espionage since the Civil War.* That is a remarkable distinction, after all; so, how comes it that it is held by — to state the case against them in its strongest imaginable terms — two enthusiastic but bush-league players, and not by the likes of Aldrich Ames? How was it that a judge with a largely center-liberal career on the bench would read them a sentence of death hysterically accusing these Lower East Siders of causing the Korean War?

[Y]our conduct in putting into the hands of the Russians the A-bomb years before our best scientists predicted Russia would perfect the bomb has already caused, in my opinion, the Communist aggression in Korea, with the resultant casualties exceeding 50,000 and who knows but that millions more of innocent people may pay the price of your treason.

I feel that I must pass such sentence upon the principals in this diabolical conspiracy to destroy a God-fearing nation, which will demonstrate with finality that this nation’s security must remain inviolate; that traffic in military secrets, whether promoted by slavish devotion to a foreign ideology or by a desire for monetary gains must cease.

It is here in the age of McCarthyism, in the shadow of the USSR’s balance-altering A-bomb test in 1949, that the Rosenbergs stand in sharpest relief — not because of “guilt” or “innocence”, but as the ne plus ultra of that era’s range of social discipline.

A few years before, the United States and the Soviet Union had made common cause against Hitler in World War II, the United States pumping war materiel to Russians bearing the brunt of the fighting.

No longer operative.

The Communist Party USA enjoyed membership rolls pushing six figures; other socialist parties and movements had found niches in American life in the interwar years.

As the Great War gave way to the Cold War, the great powers remained nominal allies (that’s the reason the Rosenbergs weren’t tried for treason), but shifted rapidly into conflict. The American polity organized to expel the red menace by rendering it foreign and criminal — ideological rigging for the forty years’ imperial contest ahead. Loyalty oaths, blacklists, the House Un-American Activities Committee … in the whole of the self-conscious construction of communism as “contagion”, the power and willingness of the state to kill Julius and Ethel Rosenberg formed the tip of the spear, and an ugly contrast to that same state’s solicitous handling of Nazi scientists then developing the vehicles to deliver atomic technology to Moscow in mushroom cloud form.

Though different in many particulars, the thrust will be familiar to any sentient denizen of post-9/11 America: the extreme penalty enforces a wall between the suspect and abject (but tolerated) loyal liberal and the enemy left. Depend upon Ann Coulter for the most brutal articulation:

We need to execute people like John Walker [the American-born soldier captured fighting for the Taliban in 2001] in order to physically intimidate liberals, by making them realize that they can be killed, too. Otherwise, they will turn out to be outright traitors.

Like most symbols, the Rosenbergs came by their exaltation by accident; at the strictly personal level, their deaths are nearly operatic performances of human stubbornness and bureaucratic inertia. Investigators rolling up a spy ring** were looking for confessions and names to keep the indictments coming.

Julius refused to provide either, so his wife was arrested for leverage against him on the reasoning that he would confess to protect her. The gambit failed: both prisoner and hostage remained obstinate. The government’s bluff had been called, and it ruthlessly executed its threat.

Had the two really been responsible for starting a war, execution would hardly begin to cover the bill — yet to the very foot of the chair, the condemned, and Julius especially for the sake of his wife, were pressed with offers of mercy for confessing and “naming names”.

Abjure or expire: show trial logic.

An Execution in the Family

Given names to name, the personal mystery of their silence — the ultimate heroism or folly or tragedy or transcendence — only deepens the resonance of their fate both for contemporaries and posterity, the poignance of their orphaned children’s subsequent path, the contrast with Ethel’s brother David Greenglass who has since admitted to perjuring testimony against Ethel in order to shield his own wife. (Greenglass says the Rosenbergs died from the “stupidity” of not copping a deal of their own.)

Even before Julius and Ethel went to the chair this date,† they had become the emblem of a paranoid age. In the days following, Sartre savaged the United States for trying “to stop scientific progress by a human sacrifice”:

Your country is sick with fear. You’re afraid of everything: the Russians, the Chinese, the Europeans. You’re afraid of each other. You’re afraid of the shadow of your own bomb.

Decades later, the shadows haven’t faded altogether. In playwright Tony Kushner’s imagination, the spirit of Ethel stalks her real-life prosecutor, closeted McCarthy henchman Roy Cohn, as he succumbs to AIDS in the 1980’s.‡

Rosenberg resources — and vitriol — are in plentiful supply online and off. A good starting point on the case is this page at the University of Missouri - Kansas City. Be sure to check the tale of a last-ditch legal maneuver that almost succeeded.

* There is one partial exception in the unusual case of six German saboteurs electrocuted in Washington, D.C., during World War II on a charge sheet that included espionage. The hearing was held by a military commission and only one of the six was an American citizen, so it was far from the regular judicial process — if one can call it that — the Rosenbergs faced.

** Originating in the investigation of Klaus Fuchs, the man who actually did what Julius and Ethel Rosenberg were accused of doing — passing atomic secrets to Moscow — although with debatable ultimate effect for the Soviets’ research. Fuchs served nine-plus years in a British prison and was released to East Germany; more than a few were galled at the difference between his sentence and the Rosenbergs’.

† Julius first, then Ethel. Her execution was botched; repeated shocks were required to kill her.

‡ Cohn’s posthumous autobiography did acknowledge illegally rigging the Rosenberg trial, as his Kushner character does.

Entry Filed under: 20th Century, Activists, Arts and Literature, Botched Executions, Capital Punishment, Crime, Death Penalty, Disfavored Minorities, Electrocuted, Espionage, Execution, Famous, History, Innocent Bystanders, Jews, Martyrs, Milestones, New York, Notable Jurisprudence, Notable Participants, Notably Survived By, Popular Culture, Ripped from the Headlines, Russia, Spies, U.S. Federal, USA, USSR, Wartime Executions, Women, Wrongful Executions

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1975: Prince Faisal ibn Musa’id, royal assassin

Add comment June 18th, 2008 Headsman

On this date in 1975, a Saudi prince knelt in the public square before Riyadh’s Great Mosque, and 10,000 onlookers watched a golden-hilted sword took off his head for regicide.

It is little enough to say that, twelve weeks before, Faisal ibn Musa’id (transliterated several different ways — ibn or bin; Musa’id, Musaid, Musaed, or Musad) had approached his uncle King Faisal and shot him three times at point-blank range.

The reason(s) why a prince of the realm should do such an extraordinary thing are the real issue. They were murky then, and remain so to this day.

Certainly, when the monarch of the world’s leading oil producer is slain shortly after denying his product to the world’s leading oil consumer … well, speculation is bound to happen, even if the oil embargo was wrapped up a year before the murder. The assassin had studied (laconically) in the United States a few years before, fueling hypotheses of a CIA hit, but there’s not even much of a satisfying just-so story to go with that, to say nothing of supporting evidence.

Whatever reasons there were seem to have been internal — a personal vendetta arising ultimately from the kingdom’s uneven confrontation with modernity so sensitively treated in Abdelrahman Munif’s Cities of Salt novels.*

The prince’s brother Khalid (or Khaled) had been slain by Saudi Arabia’s security forces in 1965 after demonstrating against television’s entry into the kingdom, an innovation authorized by King Faisal to the chagrin of strict Wahhabists. Khalid remains a martyr figure to Islamic fundamentalists to this day, and the conventional supposition is that Prince Faisal shot King Faisal in vengeance served 10 years cold; some accounts have him announcing as much at the moment of the murder.

(The conspiratorial palace intrigue version suspects Prince Fahd (or Faud) of using the aggrieved young man as his instrument in a coup; a defector from the Saudi diplomatic corps also inculpated Fahd along these lines. King Faisal’s death made Fahd the de facto ruler of Saudi Arabia upon the accession of a politically disinterested brother; Fahd ascended the throne officially when that brother died in 1982 — the succession was passing brother-to-brother, rather than father-to-son — and had steered the ship of state for 30 years by the time of his own death in 2005.)

The official inquiry concluded, as such things do, that Faisal killed Faisal alone, and though early reports had the shooter mentally unbalanced, authorities eventually figured him sane enough for trial and the full measure of the law’s majesty.

Faisal ibn Musa’id remains the only royal prince judicially executed by the House of Saud.

* An assassination inspired by Faisal’s shows up in the second novel of the cycle, Trench.

Entry Filed under: 20th Century, Activists, Assassins, Beheaded, Capital Punishment, Crime, Cycle of Violence, Death Penalty, Diminished Capacity, Execution, History, Infamous, Milestones, Murder, Notable for their Victims, Public Executions, Royalty, Saudi Arabia

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1945: Anicento Martinez, an American rapist in England

Add comment June 15th, 2008 Headsman

On this date in 1945, the last man executed for rape in England was hanged at Shepton Mallet prison — an American serviceman, hanged by the United States military.

Our story finds us in the Staffordshire town of Rugeley (for a second consecutive date), where a Mexican-American prisoner-camp guard named Anicento Martinez raped a 75-year-old local. He should have put some thought into his alibi: he was the only American out of the camp that night, and hence easy pickings.

No, Martinez is notable only for his accidental milestones. His was the last U.S. military execution in Britain during World War II (actually coming over five weeks after Germany had capitulated). And he was the last person hanged on Albion’s soil for rape. This offense was not a hanging crime by English statute at the time, but was a capital offense in a U.S. military court … although all six of the personnel upon whom the sentence was inflicted were non-white, a pattern noticeable in stateside civilian cases as well.

The execution shed used by the U.S. military at Shepton Mallet Prison.

Martinez also, as it turned out, retired the use of Shepton Mallet as a facility for conducting executions. Dating to 1610, the prison had been out of commission during the 1930’s but taken over by the visiting American forces during the war years. (It’s remained in operation since, England’s oldest functioning prison.)

Though conducted under American law, the 16 hangings* at Shepton Mallet were actually carried out by British executioners in something of a procedural amalgam. American procedures in general governed the affair — and prolific British hangman Albert Pierrepont, who conducted several, remarked on the (to him) oddities in his autobiography:

[A] custom which was strange to me was the practice of laying on a mighty feast before the execution. We were eating badly in this country at that time, but at an American execution you could be sure of the best running buffet and unlimited canned beer. The part of the routine which I found it hardest to acclimatise myself to was the, to me, sickening interval between my introduction to the prisoner and his death. Under British custom I was working to the sort of time where the drop fell between eight and twenty seconds after I had entered the condemned cell. Under the American system, after I had pinioned the prisoner, he had to stand on the drop for perhaps six minutes while his charge sheet was read out, sentence spelt out, he was asked if he had anything to say … and after that I was instructed to get on with the job.

One important concession to the British practice: use of the variable drop, designed to break the condemned wretch’s neck rather than a standard drop without accounting for the weight of the prisoner … which risked either slowly suffocating or outright decapitating the hanged man.

Northern Kentucky University professor J. Robert Lilly has more detail on American military executions at Shepton Mallet in this 1995 paper.

* There were also two executions by firing squad, “soldierly” executions for military offenses. A complete list of these executions is here.

Entry Filed under: 20th Century, Capital Punishment, Common Criminals, Crime, Death Penalty, England, Execution, Hanged, Milestones, Rape, Soldiers, U.S. Military, USA, Wartime Executions

2001: Timothy McVeigh, Oklahoma City bomber

2 comments June 11th, 2008 Headsman

At 7:14 a.m. on this date in 2001, Oklahoma City bomber Timothy McVeigh was executed at the federal penitentiary in Terre Haute, Ind.

More ink has been spilled about the 33-year-old Gulf War veteran and his infamous crime than this space can possibly hope to summarize. Books can be — and have been — written debating whence McVeigh sprang and whether he was rightly convicted.

McVeigh tended to keep coy about his version of his activities on April 19, 1995,* but he was never less than frank about his philosophy.

Though his avowed motive, the Waco slaughter that occurred two years to the day before Oklahoma City, has never exactly been secret, the way he’s connected those events has also never been particularly welcome. And McVeigh would say that the fact that he suffered execution while the only parties punished in the Waco siege were the survivors makes his point.

For all its moral monstrosity, the Gulf War veteran’s critique of his violent actions vis-a-vis those the state claims legitimacy for makes discomfiting reading, and is not always so easy to answer. From our distance of time, knowing that three months after McVeigh’s execution another terrorist act to beggar Oklahoma City would propel the United States back into Iraq, it strikes eerily prescient notes.

In a 1998 essay, McVeigh savaged the government for its hypocritical posture towards the country he had once fought, Iraq:

The administration has said that Iraq has no right to stockpile chemical or biological weapons (”weapons of mass destruction”) — mainly because they have used them in the past.

Well, if that’s the standard by which these matters are decided, then the U.S. is the nation that set the precedent. The U.S. has stockpiled these same weapons (and more) for over 40 years. The U.S. claims that this was done for deterrent purposes during the “Cold War” with the Soviet Union. Why, then is it invalid for Iraq to claim the same reason (deterrence) — with respect to Iraq’s (real) war with, and the continued threat of, its neighbor Iran?

If Saddam is such a demon, and people are calling for war crimes charges and trials against him and his nation, why do we not hear the same cry for blood directed at those responsible for even greater amounts of “mass destruction” — like those responsible and involved in dropping bombs on [Dresden, Hanoi, Tripoli, Baghdad, Hiroshima and Nagasaki]?

The truth is, the use of a truck, a plane, or a missile for the delivery of a weapon of mass destruction does not alter the nature of the act itself.

These are weapons of mass destruction — and the method of delivery matters little to those on the receiving end of such weapons.

Whether you wish to admit it or not, when you approve, morally, of the bombing of foreign targets by the U.S. military, you are approving of acts morally equivalent to the bombing in Oklahoma City. The only difference is that this nation is not going to see any foreign casualties appear on the cover of Newsweek magazine.

It seems ironic and hypocritical that an act viciously condemned in Oklahoma City is now a “justified” response to a problem in a foreign land.

Another note sent shortly before his execution to author Gore Vidal travestied government warmaking talking points:

[T]his bombing was also meant as a pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from U.S. foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the U.S. hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment.

He broadcast clinical detachment in the execution itself — the first conducted by the federal government since 1963, technically imposed for the eight federal employees among his 168 victims — from his waiver of appeals to his unnervingly unblinking death mask to the 19th century poem “Invictus” that formed his written (and only) final statement.

* Also — coincidentally or not — the execution date of Richard Snell in Arkansas, a militia man (and white supremacist, which McVeigh was not) who had once tried to blow up the Murrah building himself.

Entry Filed under: 21st Century, Activists, Capital Punishment, Cycle of Violence, Death Penalty, Execution, History, Indiana, Infamous, Lethal Injection, Martyrs, Milestones, Murder, Oklahoma, Popular Culture, Ripped from the Headlines, Soldiers, U.S. Federal, USA, Volunteers

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1997: Henry Francis Hays, whose crime cost the Klan

Add comment June 6th, 2008 Headsman

On this date in 1997, an Exalted Cyclops of the Ku Klux Klan went to Alabama’s “Yellow Mama” for lynching a black teenager.

Henry Francis Hays, son of a top Klan officer in Alabama, had vented dissatisfaction with a jury’s failure to convict a black defendant for a white policeman’s murder by grabbing and stringing up a random black, 19-year-old Michael Donald.

Hays and his 17-year-old accomplice skated for more than two years because Mobile’s finest figured a publicly hanged black man probably had it coming from some drug deal.* Only through the victim’s mother’s persistence — she got Jesse Jackson involved, which helped involve the FBI — did the real murderers feel the heat.

Before long, the Klan would wish it had stayed out of the kitchen.

After Hays’ conviction, Michael Donald’s mother brought a civil action against the United Klans of America with the help of the Southern Poverty Law Center. The $7 million liability verdict she won financially destroyed the United Klans — perpetrators of some of the 1960s’ most infamous anti-civil rights terror — and Donald was awarded its national headquarters building in Tuscaloosa, Ala.

This novel keys on the Michael Donald lynching as part of a (fictional) Mobile teen’s coming of age.

Hays wasn’t through making the sort of history he’d rather not have made.

When his turn in the electric chair finally came in 1997, he became the first white in Alabama put to death for an offense against a black in 84 years.**

Seemingly less cocksure in answering for his crime than he had been in committing it, Hays had always maintained his innocence. A few days before walking his last mile, he finally confessed to the Mobile chapter head of the NAACP.

* Michael Donald was not, in fact, involved in drugs.

** There haven’t been any other executions for white-on-black crime since Henry Hays, a span of 11 more years and 22 more executions as of this writing. (via the Death Penalty Information Center’s Execution Database)

Entry Filed under: 20th Century, Activists, Alabama, Capital Punishment, Common Criminals, Crime, Death Penalty, Electrocuted, Execution, History, Mature Content, Milestones, Murder, Notable Sleuthing, Notable for their Victims, USA

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