Posts filed under 'Milestones'

1868: Heli Freymond, the last beheaded by sword in Switzerland

Add comment January 10th, 2019 Headsman

Heli Freymond lost his head on this date in 1868 to an executioner’s sword — the last time that ever happened in Swiss history. (His is also the last death sentence enforced in the canton of Vaud.)

Freymond and his cousin and lover Louise Freymond conspired to murder the man’s pregnant* wife with arsenic.

They might have gotten away with this but avarice for the portion of the wife’s inheritance that had redounded to the wife’s sister led them to make a bid at murdering that sister’s beau. This man survived it, and accurately discerned the hand behind his brush with death; his lawsuit led to the literal and metaphorical exhumation of the late wife’s corpse, too.

Louise Freymond caught a 20-year prison sentence for this, but Freymond was doomed to lose his head. Switzerland had introduced the guillotine as an alternative beheading method some years before, but the old-school two-handed richtschwert blade still remained available for the hands-on touch you only get with hired goons. Twenty thousand souls turned out in Moudon for the occasion.

Heli Freymond was in fact the last person executed at all in Switzerland, for an era: he was still the last when the 1874 constitution abolished capital punishment full stop. However, a crime wave brought the death penalty back in 1879. The last Swiss execution for ordinary crimes occurred in 1940; according to CapitalPunishmentUK’s index of Swiss executions, there were 17 Swiss men (no women) shot during World War II for treason.

* Technically, an initial unsuccessful attempt to poison the pregnant mother Elise Olivier caused a miscarriage; subsequently, another poisoning brought off Elise, too.

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Entry Filed under: 19th Century,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,History,Milestones,Murder,Pelf,Public Executions,Sex,Switzerland

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1829: William Maxwell, the last hanged for sodomy by the Royal Navy

2 comments January 7th, 2019 Headsman

On this date in 1829, boatswain William Maxwell became the last British Navy sailor ever hanged for sodomy.

He’d been condemned only two days previous by a bare-bones Admiralty court at the Simon’s Town naval base at the Cape of Good Hope; his charge was buggery upon one of the ship’s boys of the 28-gun frigate HMS Tweed. This accuser, William Pack, was supported by four other boys from the Tweed alleging “uncleanness and other scandalous actions in corruption of good manners” which certainly described Pack’s experience as well.

“On the third daay after he joined the Tweed, he summoned Pack to his cabin on the larboard side of the lower deck,” we find in B. Burg’s Boys at Sea: Sodomy, Indecency, and Courts Martial in Nelson’s Navy, which has an extensive narrative of the case* —

and, as the boy explained, “he then throwed me down on the deck. He then hauled my trousers down … He then turned to put his pintle into my backside. I felt him do all this. He hurt me very much.” … The boy continued his testimony by detailing four additional instances when he had been sodomized by Maxwell. The occurrences were all much the same. Pack added only that the boatswain neither used alcohol nor offered him money after he forced his attentions on him.

In an affecting detail that doesn’t appear to have carried any special legal import, Pack had diligently tallied his assaults in chalk on a mainmast hoop.

The other four boys’ allegations fell a bit short of violent rape but still followed a pattern of aggressive approaches by Maxwell shortly after the youth came aboard, with pretty obvious intent. The boatswain wanted to “do a dirty trick with me,” one said. Another euphemized the deed as “poking him about.” Citing fear of flogging or doubt that their claims would be believed, these boys hadn’t reported Maxwell — and indeed the panel pressed all of the witnesses on whether they’d been receiving gifts from Maxwell, suggesting a more reciprocal arrangement.

These private and unmentionable acts formed a difficult class of crime for the judiciary, and Maxwell knew it.** Much of his defense is taken up attacking the credibility of these boys — their questionable and perhaps interested testimony, and legal scholars who by 1829 counseled as one to err heavily towards caution in such difficult-to-prove cases.

He impugned Pack’s testimony, honing in on inconsistencies between different statements during a direct cross-examination that must have been dramatic for all involved. It didn’t work.

The youth of the victims, according to Burg, didn’t particularly exacerbate the crime in the eyes of Maxwell’s judges nor in general throughout the Navy; he wasn’t being read as a pedophile, but as a sodomite who happened to find the ship’s boys the easiest prey. This indeed they commonly were, occupying the very bottom of a ship’s hierarchy, but the same vulnerable stature also cut against their credibility as accusers since it made them liable to threats or cajoling to supply false accusations, or simply to the impetuosity of childish malice. Absent sterling character testimonials from other mariners, they carried scant weight as witnesses even in multiples; in an 1805 case, the judges who convicted a man named Barrett Ambler had put into the Admiralty for a pardon because they disliked “condemn[ing] a man to death, upon the evidence of four boys, the eldest not more than thirteen years of age.”

But no matter the evidence, the time for outright executing same-sexers was coming to an end in Britain. Even in the ranks of the Navy there had been no such punishment meted out since 1816. That was just weeks after (and for actions committed during) the Napoleonic Wars. But perhaps the ensuing era of peace helped more lenient attitudes take hold permanently — for until Maxwell, no Briton had swung for sodomy in the peacetime Navy in many decades.

In the eighteenth and nineteenth centuries, the number of buggery trials was directly related to whether or not England was at war. After the War of the Spanish Succession (1702-1713) and the Seven Years War (1756-1763), there were few trials and no executions for sodomy. Between 1756 and 1806, as Table 5 shows, fear and assiduous prosecution of sexual deviance was a wartime phenomenon. (Arthur Gilbert, “Buggery and the British Navy, 1700-1861,” Journal of Social History, Vol. 10, No. 1 (Autumn, 1976))

* I have not been able to locate the original 62-page court record anywhere online.

** He knew it because he’d previously been prosecuted for buggery — in fact, sentenced to death and then spared. Although he had no barrister at his last and fatal trial, he’d enjoyed legal assistance during his previous brush and ably deployed what he learned. It’s hard not to think that everyone’s awareness of this previous proceeding helped to shape the outcome of his second trial.

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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Hanged,History,Homosexuals,Milestones,Sex,South Africa

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2010: John David Duty, the first pentobarbital execution in the U.S.

Add comment December 16th, 2018 Headsman

On this date in 2010, John David Duty reclined on an Oklahoma gurney with an apology for his victim’s family on his lips, and became a milestone: the first U.S. inmate executed using pentobarbital in the lethal injection process.

Already sure to die in prison via sentences from his 1978 convictions for kidnapping, rape, attempted murder, and robbery, Duty spared himself some time by recruiting the state to assist in his suicide.

His means of doing so was the murder of his new 22-year-old cellmate Curtis Wise, which Duty tried to tell Wise’s mother all about in a taunting letter that was confiscated before it hit the post:

Mary Wise,

Well by the time you get this letter you will already know that your son is dead. I know now because I just killed him an hour ago. Gee you’d think I’d be feeling some remorse but I’m not. I’ve been planning since the day he moved in last Friday. Tonight I finally pulled it off. Would you like to know how I did it? Well I told him I wanted to use him as a hostage. Hell he went right for it, thinking he was gonna get some smokes out of the deal. Well I tied him up hands and feet, then I strangled him. It’s not like the movies, it took awhile. But I really did him a favor as he was too stupid to live. I mean he didn’t know me 5 days and he let me tie him up like that, Please! Besides he was young and dumb and would’ve just been in and out of prison his whole life.So I saved him all the torment. I’ve been in 24 years, wish someone would have done me the same favor back then. I guess you’re thinking I’ll be punished for this. Well not likely in this county. The DA’s here are weak bitches and don’t give a damn about deaths of inmates. We’re all just scum to them. Besides I’m doing 2 life sentences so they can’t hurt me. But you can call them and tell them about this letter, but it wouldn’t do you any good. Well I’m gonna close for now and I’ll tell police in the morning about Curtis.

Even though Mary Wise argued against it in court, this horrific gambit secured him his desired death sentence — with the help of Duty’s credible vows to kill again if he didn’t get what he wanted. Perhaps entertaining second thoughts, Duty did pursue his appeals, however, and that meant that the legal journey of his case did not reach its end until almost a decade later — a new era in American lethal injection, as it turned out.

Ever since lethal injection debuted in 1982 it had taken over as the go-to execution method around the United States. But by about 2010, it was increasingly difficult to come by the first drug in the standard lethal injection “cocktail”, sodium thiopental.

The system has been adapting ever since, including switches to a variety of alternative drug combinations that sometimes have ghastly results.

And Duty’s was the very first execution* to so adapt.

To kill him, Oklahoma sedated him first not with sodium thiopental, but with pentobarbital — the very first use of this drug, which has gone on to become one of the most frequently deployed substitutes for thiopental in death chambers around the country. Although Duty fought the chemical innovation on appeal (again contradicting his original suicidal intent) pentobarbital wasn’t exactly experimental: it had been used for animal and human euthanasia for years.

“There were no apparent issues” with the execution, a Department of Corrections spokesperson said afterwards.

* Ohio on December 8 of 2009 conducted an execution using only sodium thiopental, deviating from the three-drug protocol while still using one of its standard constituents. Pentobarbital itself has also subsequently been used in single-drug executions; consult the Death Penalty Information Center for up-to-date information on the still-shifting landscape of lethal injection protocols in the U.S.

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Entry Filed under: 21st Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Lethal Injection,Milestones,Murder,Oklahoma,USA,Volunteers

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1931: Fatma Demir, the first woman hanged in Turkey

Add comment December 14th, 2018 Headsman

The modern republic of Turkey executed a woman for the first time in 1931.

Fatma Demir (German Wikipedia page: there’s none on Turkish Wikipedia) broke the Ramadan fast with a friend whom she bludgeoned with an ax handle during a prayer. It seems that it was at the instigation of others, like the victim’s husband and that husband’s mistress, both of whom helped Demir sink the body in a river.

Her hanging took place in public.

There’s a 2013 Turkish-language documentary about her case, titled Dar Agacina Takilan Düsler (Dreams Hanged from the Gallows).

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Milestones,Murder,Public Executions,Turkey,Women

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1982: Charles Brooks, Jr., the first by lethal injection

Add comment December 7th, 2018 Headsman

Besides being Pearl Harbor Day and Noam Chomsky Day, December 7 is a black-letter anniversary for capital punishment as the date in 1982 when the United States first executed a prisoner by means of lethal injection.

Charles Brooks, Jr. — who had by the time of his death converted to Islam and started going by Shareef Ahmad Abdul-Rahim — suffered the punishment in Texas for abducting and murdering a car lot mechanic. With an accomplice,* he had feigned interest in a test drive in order to steal the car, stuffing the mechanic in the trunk and then shooting him dead in a hotel room.

The “modern” U.S. death penalty era had just dawned with 1976’s Gregg v. Georgia decision affirming new procedures meant to reduce systemic arbitrariness — and the machinery was reawakening after a decade’s abeyance.

In the wake of the circus atmosphere surrounding the January 1977 firing squad execution of Gary Gilmore, the laboratories of democracy started casting about for killing technologies that were a little bit less … appalling.

“We had discussed what happened to Gary Gilmore,” former Oklahoma chief medical examiner Jay Chapman later recalled. “At that time we put animals to death more humanely than we did human beings — so the idea of using medical drugs seemed a much better alternative.”

This was not actually a new idea: proposals for a medicalized execution process had been floated as far back as the 1880s, when New York instead opted for a more Frankenstein vibe by inventing the electric chair. And the Third Reich ran a wholesale euthanasia program based on lethal injections.

But 1977 was the year that lethal injection was officially adopted as the lynchpin method for regular judicial executions. It happened in Oklahoma, and Chapman’s three-drug protocol — sodium thiopental (an anaesthetic), followed by pancuronium bromide (to stop breathing) and potassium chloride (to stop the heart) — became the standard execution procedure swiftly taken up by numerous other U.S. states in the ensuing years. As years have gone by, Chapman’s procedure has come under fire and supply bottlenecks have led various states to experiment with different drug cocktails; all the same, nearly 90% of modern U.S. executions have run through the needle.*

Texas was one early adopter, rolling in the gurney to displace its half-century-old electric chair. Its debut with Charlie Brooks was also Texas’s debut on the modern execution scene, and both novelties have had a lot of staying power since: every one of Texas’s many executions in the years since — 557 executions over 36 years as of this writing — has employed lethal injection.

* For up-to-date figures, check the Death Penalty Information Center’s executions database.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,History,Lethal Injection,Milestones,Murder,Racial and Ethnic Minorities,Texas,Theft,USA

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1787: John Bly and Charles Rose, Shaysites

Add comment December 6th, 2018 Headsman

On this date in 1787, the only two men to hang for the infant American republic’s seminal post-independence rebellion went to the gallows at Lenox, Massachusetts.

The newborn United States emerged from the American Revolution (1776-1783) in a parlous financial condition. Forever short of gold and credit, it had paid George Washington’s Continental Army in worthless scrip* and promises of goodwill. Instead, many a Cincinnatus returned from Yorktown to discover his debtor farm dunned by creditors and taxmen, as desperate as he for hard currency.

Come 1786, protests against unpayable taxes verged into an outright rural insurrection in western Massachusetts. Known for one of its principals, Daniel Shays — who like so many of his fellows was a Continental Army veteran turned penniless farmer — this rebellion continued for several months and took earnest aim at the hated Massachusetts merchant elites. Some 4,000 “Shaysites” would eventually admit to** taking the field as rebel guerrillas. They mounted an attack on a federal armory, and seized weapons where they could for their own use.

A few books about Shays’s Rebellion

It was this last act which occasions our men’s hangings.

The new American authorities, who had not so many years ago been beckoning this same populace to take up their muskets in revolution, exercised in this moment a brittle authority and they would calculate that the proper balance of due regard for their power without unnecessary resentment entailed only a circumscribed approach.

Instead of charging Shaysites wholesale, most were waved away with a free pardon. And instead of charging treason, the Bay State made its demonstration cases with regular criminal offenses — for burglary when our men John Bly and Charles Rose followed some Shaysite militiaman’s order to confiscate guns and powder from nearby houses. In 1787, that was still a potential hanging offense.

Of course, everyone understood well enough the real offense. On the eve of their executions, someone got the condemned men to sign onto a “Last Words & Dying Speeches” broadsheet with a lesson addressed “To the good People of Massachusetts, more especially to Daniel Shays, and other Officers of the Militia, and the Select men of Towns who have been instrumental in raising the Opposition to the Government of this Commonwealth:”

Our fate is a loud and solemn lesson to you who have excited the people to rise against the Government … Advert to those things — live peaceably with all men — be not too jealous of your Rulers — remember that Government is absolutely necessary to restrain the corrupt passions of men — obey your Honest Governors — be not allured by designing men — pay your honest debts and your reasonable taxes — use your utmost endeavours to give peace to your divided, distracted country …

There was another legacy: the outbreak of Shays’s Rebellion — and the federal government’s impotence to respond to it (it was haltingly suppressed by state militia, with the insurgents at points escaping into New York for breathing room) — helped catalyze the Constitutional Convention from May to September of 1787, and informed its creation of a stronger federal state and of the system of checks upon democratic action that a rebellious populace might wish to undertake.

There’s a podcast episode about Shays’s Rebellion here.

* So widely shunned was the depreciated paper Continental currency issued during the Revolution that the phrase “not worth a Continental” entered the parlance of the times; it was these notes that had been given to revolutionary soldiers by way of aspirational salary like so many stock options from a foundering Silicon Valley startup. In 1791, these Continentals were bought out by the new federal government at one cent on the dollar.

** This census arrives via applications for the free amnesty eventually offered to the Shaysite rank and file.

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Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Execution,Guerrillas,Hanged,History,Massachusetts,Milestones,Power,Public Executions,Revolutionaries,Soldiers,Theft,Treason,USA

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1822: Johan Wilhelm Gebhardt, Junior, slave-slayer

Add comment November 15th, 2018 Headsman

On this date in 1822, Johan Wilhelm Gebhardt was executed at the Dutch-founded South African settlement of Paarl. His offense, unusual but not unheard-of in our executioner’s annals: killing his slave.

According to Alex Mountain in An Unsung Heritage: Perspectives on Slavery, the 21-year-old Gebhardt, who managed the farm belonging to his father, Rev. Johan Wilhelm Gebhardt Sr., had ordered a slave named Joris flogged “for not working properly.”

the flogging was done repeatedly by a slave called November who had been warned by Gebhardt, who remained present throughout the torture, that he too would be severely punished if he did not flog Joris properly. The flogging was done with a variety of instruments and from time to time salt and vinegar were rubbed into his wounds.

It was only when Joris lost consciousness that the torture stopped.

Joris died that night.

The western Cape had recently been taken under British management, and these looked with surprising hostility on the murder of Joris. Gebhardt was not suffered to plead to manslaughter in order to escape his fate.

Mountain reproduces a photo of Gebhardt’s gravestone (found “being used as a small bridge across a ditch”) with the lines

Rest in Peace
Unfortunate Youth
Your Career was short
and you were led Astray
Few were the Pleasures of your Life
And many your Sufferings!

There’s no gravestone for Joris, of course.

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Entry Filed under: 19th Century,Businessmen,Capital Punishment,Crime,Death Penalty,England,Execution,Hanged,History,Milestones,Murder,Occupation and Colonialism,South Africa

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1945: The Rüsselsheim Massacre perpetrators

6 comments November 10th, 2018 Headsman

The U.S. Army hanged five German civilians as war criminals at Bruchsal Prison on this date in 1945. Their crime: lynching the crew of a downed American bomber, the day after Allied bombing raids devastated the manufacturing town of Rüsselsheim.

The lynching is known as the Rüsselsheim Massacre, and it claimed the lives of six of the nine flyers of a B-24 Liberator cheekily christened Wham! Bam! Thank You, Ma’m!. One of their number survived thanks to his shrapnel wounds, which saw him safely to hospital while his comrades were being transported.

The other two were simply lucky to survive the beatings administered by a mob of enraged civilians who caught sight of the Americans under the escort of only two German soldiers. On the night of August 25-26, Britain’s Royal Air Force had dumped more than 1,600 tons of explosives on Rüsselsheim to destroy the Opel factory and rail lines there. It was only the latest, and ultimately the largest, of several raids on the town dating back to July. A later U.S. study reckoned 315 Opel workers killed and 277 injured during the July-August raids, to say nothing of the devastation on other townspeople and on Opel’s slave labor.* A POW, Frenchman Pierre Cuillier, recorded of the August 25-26 attack that “a bomb fell on the dug-out for Russian women. We hear of 119 victims, a number that in reality is surely much higher.”

Under the circumstances, the good folk of Rüsselsheim were not pleased on the morning of the 26th to see Allied airmen in their town being marched to a train transfer … even if, and surely the distinction must fail to impress amid the smoldering rubble of one’s own hometown, this particular American crew had not been part of this particular British bombing. (The Americans had been shot down two days earlier en route to do a similar thing to Hanover.)

“There are the terror flyers. Tear them to pieces! Beat them to death! They have destroyed our houses!” cried Margarete Witzler and Käthe Reinhardt. As the Americans protested, the crowd overpowered the guards and took its rough revenge with whatever bludgeons were ready to hand.

At last, Joseph Hartgen, an air raid warden, finished them off with his pistol … or at least, finished off six before his chamber went empty.


Spoiler alert: it will not go well for Herr Hartgen.

Somehow the two un-shot men, Sgt. William M. Adams, and Sgt. Sidney E. Brown, still drew enough breath by the end of the ordeal to sneak away when they were being dumped into a mass grave. Captured again a few days later, they survived the war in a POW camp.**

Eleven Rüsselsheimers stood trial in Darmstadt for these Lynchmorde by July, when war was still raging in the Pacific: it was the very first war crimes proceeding under U.S. occupation.

The defendants tried out a pre-Nuremberg version of the “only following orders” defense, blaming Nazi propaganda against bomber crews for inciting the murders. The U.S. prosecutor† scoffed: “They were all grown men and women. If they are called on to commit the murder and they do, they are just as responsible as any other murderers.”

Harten and six others of the 11 caught death sentences, but the two women — Witzler and Reinhardt — both had their sentences reduced.

Warning: Although not graphic, this is a video of actual hangings.

* Quotes and figures from Working for the Enemy: Ford, General Motors, and Forced Labor in Germany During the Second World War, which is topical because Opel was a General Motors subsidiary.

** Brown lived long enough to return to Rüsselsheim at official invitation in 2001 for a formal apology. However, at the time of the trial, it was still mysterious how there came to be only six exhumed bodies from eight lynched airmen: Adams and Brown only emerged out of the mass of returning POWs after convictions had already been secured.

† The army prosecutor at the proceeding was one Lt. Col. Leon Jaworski, but he’s better known for hunting larger game later in his career as the special prosecutor during the Watergate investigations. (Jaworski is the guy embattled President Richard Nixon appointed after firing Archibald Cox in the Saturday Night Massacre.) Jaworski’s eventual legal victory over the White House in United States v. Nixon obtained the incriminating Watergate tapes in late July of 1974, forcing Nixon’s resignation just days afterwards, on August 9, 1974.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Execution,Germany,Hanged,History,Mass Executions,Mature Content,Milestones,Murder,Occupation and Colonialism,U.S. Military,USA,Wartime Executions

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1773: Eva Faschaunerin, the last tortured in Austria

Add comment November 9th, 2018 Headsman

On this date in 1773, Eva Faschaunerin was beheaded for the arsenic murder of her husband Jakob Kary, mere weeks after their 1770 marriage.

Faschaunerin (English Wikipedia entry | German), who was interrogated on the rack, is distinguished as the last victim in the Austrian empire of official judicial torture: the practice was abolished in 1776 by Maria Theresa.

She’s still well-known in her locale, the Alpine Lieser-Maltatal region and even further afield than that; the town of Gmünd has an Eva Faschaunerin museum in its former jail.

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Entry Filed under: 18th Century,Austria,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Habsburg Realm,History,Milestones,Murder,Public Executions,Torture,Women

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1707: Bartellemy Pichon dit La Roze, the first executed in Fort Detroit

Add comment November 7th, 2018 Headsman

The execution hook for today’s post does not arrive until the end of the excerpt below

Antoine de la Mothe Cadillac* … the French explorer who founded Fort Pontchartrain** du Detroit, the germ of the present-day U.S. Motor City.

How did Monsieur Cadillac administer criminal justice in his frontier fortress? Read on …

Cadillac’s Autocratic Rule

The next step, and a step that was very early taken, was the enforced obedience to the will of the first commandant, Cadillac. The troubles he had with the Company of the Colony of Canada forced him to be arbitrary with the servants of that company, and he was arrested and sent to Montreal for putting one of these disobedient servants in prison. This was an attack on the government itself, and could not be overlooked by the governor-general. Cadillac kept away from Detroit for a long time, but eventually returned with his powers confirmed by the king. During his absence his little village came near being sacked and destroyed by turbulent Indians, and it was partly on this account that the home government looked with favor upon his attempt at arbitrary rule.

In 1711 Cadillac left Detroit for good and his successor got into trouble with the village priest and with many of the foremost citizens without unnecessary delay. Although the commandant was always very powerful, there were some matters that appeared to be beyond his authority to try. He could not try any cases in which he was personally interested. He could not try any capital cases or cases in which the life or liberty of the defendant was involved. He could not try these cases, but yet we find that Cadillac asserted that his authority reached to the taking of the life of any person who refused to submit to his orders. Cadillac himself was defendant in a civil suit in 1694, which was protracted until 1703, arising out of the seizure of the goods of a trader of Michilimackinac, when Cadillac was commandant there.

The goods were seized for infraction of the laws which prohibited the sale of brandy to the Indians. The suit was for the recovery of the value of these goods, which were destroyed. The trial was held at Montreal and was decided in favor of Cadillac.

INCENDIARISM

In 1703 some one set fire to the buildings in the village of Detroit and the church was burned, as well as a large warehouse filled with furs, and several other buildings. Cadillac himself was severely burned in attempting to stem the conflagration. There was much speculation as to who set the fire. Cadillac accused the Jesuits of instigating the work. There were no Jesuits in Detroit, but he accused them of sending an Indian from Mackinac to do the work for them. There were some very bitter letters written on the subject between Cadillac and the Jesuit priests at Mackinac and Montreal, but the matter, with them, ended with the letter writing. This did not disclose the incendiary and others were suspected or accused of setting the fire. Shortly after this, in 1706, Jacques Campau accused Pierre Roquant dit la Ville of the crime. Canadian or French justice was administered in the manner that appears odd at this distance. In this case La Ville was arrested and taken to Quebec and lodged in prison. Campau was also summoned to attend the investigation as the complaining witness and most important person. The trial, or investigation, was held at Quebec December 2, 1706 before le conseil extraordinairment and resulted in an apparently extraordinary verdict, for not only was the defendant acquitted, but the complaining witness, Campau, was compelled to pay five hundred livres for the trouble and expense he had caused.

CRIMINAL ASSAULT

In 1705 Pierre Berge (or Boucher) dit La Tulipe, a drummer (tambour) in the company of Cadillac, committed a criminal assault upon Susanne Capelle, a little girl twelve years of age. He was convicted before the conseil superieur of Quebec and was sentenced to make a public confession of his crime and on his knees in the church he was compelled to ask pardon for his sins — he was then to be executed. It was almost impossible to carry out the last part of the sentence, for no one appeared willing to act as executioner. In the jail at Quebec was a man named Jacques Elie, who had been condemned to death for some offense committed at the siege of Port Royal in Acadia. Elie was promised a pardon for his crime if he would act as executioner of Tulipe and the latter was thus duly hanged on November 26, 1705. These were some of the cases the commandants were unable to deal with at home and sent to the higher courts at Montreal and Quebec for trial and disposition.

MILITARY LAWS

Another class of cases, those involving the military laws — disobedience to military orders, desertions and that class of cases [–] were attended to by the soldiers themselves and came before the commandant in his capacity of military officer and not as a civilian.

There is a record of one of these early trials by court-martial. During the absence of Cadillac from the village in 1705, Bourgmont had charge of the post for a time. He misbehaved himself in various ways to such an extent that the citizens nearly rose in rebellion and the public indignation was so great that Bourgmont sought safety in flight. After Cadillac’s return, he set about investigating the matter and in 1707 sent an officer named Desane, with fifteen men, to hunt up and capture Bourgmont, Jolicoeur, and Bartellemy Pichon dit La Roze, all of whom were deserters, and who were then leading an abandoned life on the shores of Lake Erie. They were also commanded to bring with them a woman named Tichenet, who was then living a scandalous life with Bourgmont and who was, in part, the cause of Bourgmont’s desertion.

Apparently La Roze was the only deserter who was captured and he was tried by a court consisting of Antoine de la Mothe Cadillac, Francois LeGautier, Sieur de la Vallee Derasie, Pierre D’Argenteuil, Guignolet Lafleudor and Francouer Brindamour. The defendant was found guilty and sentenced “a avoir la teste cassee jusque a se que mort sensuive,” meaning that he should have his neck stretched until he was dead. The word “teste” in old French, for modern “tete,” meaning the head, was applied in this case to the neck. This sentence was duly carried out in the garrison of the Fort Pontchartrain du Detroit November 7, 1707. No appeal was taken, nor was it possible that any could be. This was the first capital case in Detroit, but not the last one, for there were several others in later years.

* Cadillac’s adoptive title is of course the inspiration for the automobile manufacturer of that name. The name sources to a town in the Gironde, and has now gone international.

** U.S. readers might better recognize Lake Pontchartrain, the enormous, flood-prone estuary jutting into present-day New Orleans. Post-Detroit, our man Cadillac became the governor of French Louisiana, and between the two tributes left him in the New World it is no surprise to find that the comte de Pontchartrain was Cadillac’s patron.

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Entry Filed under: 18th Century,Canada,Capital Punishment,Death Penalty,Desertion,Execution,France,Hanged,History,Michigan,Milestones,Military Crimes,Occupation and Colonialism,Public Executions,Soldiers,USA

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