Posts filed under 'Milestones'

1945: Private Eddie Slovik, the last American shot for desertion

3 comments January 31st, 2009 dogboy

On January 31, 1945, Private Edward Donald “Eddie” Slovik became a curious outlier of World War II: he was executed by firing squad by the U.S. Army for desertion. He is the only person to have been so punished for that crime since the Civil War.

Pvt Slovik was, by all accounts, quiet and helpful, by no means a coward, and more than willing to aid in the effort of World War II, traits which would have put him among a large class of that war’s veterans. Unfortunately, he was also immobilized by shelling. Equally unfortunately, he knew it, and he decided to do something about it.

Slovik and a friend, Pvt John F. Tankey, first separated from their detachment under artillery fire in late August 1944, shortly after being shipped to France. The pair hooked up with a Canadian unit and spent six weeks pitching in. Having recused themselves from the hard shelling others were experiencing on the front line, they opted to rejoin their regular U.S. unit: Slovik and Tankey sent a letter to their commanding officer explaining their absence and returned on Oct. 7.

But the front lines were not a place for Pvt Slovik.

After his assignment to the rifle unit, which would face imminent danger during shelling, Slovik asked to be placed in the rear guard, indicating he was too scared to remain in front. His request was refused. He then reportedly asked whether leaving the unit again would be considered desertion, was told it would be, and opted for the seemingly safer route of, well, deserting. One day later, Slovik was back at a U.S. camp, this time turning himself in to the camp cook. He had drafted a letter explaining his actions and indicating that he knowingly deserted, permanently recording his guilt on paper.

It’s not clear whether Pvt Slovik was acting on principles or out of an understanding of the U.S. military judicial system. He was by no means the only soldier without affinity for the conditions of war, particularly on the allied side. During the war, thousands of soldiers were tried and convicted in military courts for desertion, but up to then, all had received only time in the brig. What is clear is that Slovik was repeatedly offered opportunities to return to the line, and he equally repeatedly refused.

The case was adjudicated on Nov 11 by nine staff officers of the 28th Division, none of whom had yet been in battle. One of those judges, Benedict B. Kimmelman, wrote a stark and intriguing account of his role in the story of Pvt Slovik, capturing the scene thusly:

Five witnesses were heard. The cross-examinations were perfunctory. The defense made no closing argument. The court recessed for ten minutes, resumed, and retired almost immediately afterward. Three ballots were taken in closed court, the verdicts unanimously guilty on all counts. In open court once more, the president announced the verdict and the sentence: to be dishonorably discharged, to forfeit all pay and allowances due, and to be shot to death with musketry. The trial had begun at 10:00 A.M.; it was over at 11:40 A.M.

As with all court martial cases, Slovik’s was sent to a judge advocate for review. His criminal record, including everything from destruction of property to public intoxication to embezzlement, did not endear him to the reviewer. More importantly, though, the advocate felt Slovik could be made an example:

He has directly challenged the authority of the government, and future discipline depends upon a resolute reply to this challenge. If the death penalty is ever to be imposed for desertion, it should be imposed in this case, not as a punitive measure nor as retribution, but to maintain that discipline upon which alone an army can succeed against the enemy.

Strangely, Pvt Slovik was the only person who would be exemplified this way.

Though the military tried 21,000 desertion cases and passed down 49 death sentences for desertion during the war, it carried out only Slovik’s. And in the war’s final battles, with Germany collapsing, his execution seemed like a surreal throwback. As Kimmelman notes, hundreds if not thousands of soldiers were strictly guilty of dereliction of duty and desertion in the waning days of 1944.

They’re not shooting me for deserting the United Stated Army — thousands of guys have done that. They’re shooting me for bread I stole when I was 12 years old. (Source)

Three weeks after his conviction and three weeks before the Battle of the Bulge, Slovik’s execution order was confirmed by the 28th Division’s commander, Major General Norman “Dutch” Cota. Cota was disturbed by Slovik’s forthrightness in confessing to the desertion, and, as a front line commander who had sustained severe casualty rates in the Battle of Hurtgen Forest, had no sympathy for the crime.

After an appeal to the deaf ears of Dwight Eisenhower shortly before the sentence was to be carried out, Slovik was out of options. He was taken to the courtyard of an estate near the village of Sainte-Marie-aux-Mines and shot by 11 Army marksmen* at 10 a.m. By 10:04, as they were reloading, he was declared dead. His body was interred at a French cemetery, and after decades of lobbying the U.S. government, his remains were returned to Michigan in 1987.

Because he was dishonorably discharged, Slovik was not entitled to a pension, and his wife, Antoinette, stopped receiving payments. Curiously, though the Army managed to communicate this to her, they omitted the bit about the execution. She found out in 1953 from William Bradford Huie.

Huie was a journalist who took immediate interest in Slovik’s story, popularizing it with his book The Execution of Private Slovik, which was released in 1954. Twenty years later, the book and title were requisitioned for a well-received TV movie starring Martin Sheen and funded by Frank Sinatra.

* The firing squad included 12 marksmen, but one was given a blank. Despite their skill, the 11 remaining shooters did not manage to kill him instantaneously.

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Entry Filed under: 20th Century, Botched Executions, Capital Punishment, Death Penalty, Diminished Capacity, Execution, France, Guest Writers, History, Milestones, Military Crimes, Other Voices, Shot, Soldiers, U.S. Military, USA, Wartime Executions

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1946: The treacherous Theodore Schurch

Add comment January 4th, 2009 Headsman

One day after William Joyce became the last Briton put to death for treason, 27-year-old Theodore Schurch hanged for treachery at London’s Pentonville Prison.

Like Joyce, Schurch had enrolled in the British Union of Fascists as a teenager in the 1930’s, and it was reputedly at the party’s direction that he joined the army as a driver.

During World War II, Schurch crossed and recrossed enemy lines, delivering operational intelligence to the Italians and Germans by helping to interrogate prisoners of war, or posing as a P.O.W. himself to gain the confidences of other captured Allied soldiers.

Scurch’s army buddies seemed to think he was alright, and there was probably more than a shred of truth to the defense’s contention, paraphrased by the London Times (September 18, 1945), that the lad

was a poor, uneducated fool who was caught young [by fascist ideology] when he knew no better and jockeyed into a position from which he could not recover.

But obviously, one makes this argument when one is in no position to contest factually the capital charges against oneself, and indeed has admitted much of it. Schurch was convicted on all nine counts of treachery, plus one of desertion. Not a big fish, maybe — but just the right size to become the last man hanged in Britain for a crime other than murder.

He’s actually listed as a war casualty, which in a way he was, on the Commonwealth War Graves Commission’s Brookwood Memorial outside of London.

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Entry Filed under: 20th Century, Capital Punishment, Death Penalty, England, Espionage, Execution, Germany, Hanged, History, Milestones, Soldiers, Spies, Treason

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2003: Liu Yong, for corruption

Add comment December 22nd, 2008 Headsman

On this date in 2003, Liu Yong’s situation took a very abrupt turn for the worse.

The wealthy Communist Party member and Shenyang city legislator had been sentenced to death 20 months before in a corruption case for ordering the murder of a tobacco vendor as part of a mafioso racket of graft, extortion, black marketeering, and kindred mayhem.

When that sentence was reduced on retrial on a showing that Liu’s confession was extracted by torture, public outcry at the appearance of a well-connected insider getting off scot-free led the Supreme Court to take the unprecedented step of yet again re-trying a criminal case itself.

“According to China’s legal system, a criminal case can usually be tried only twice,” as China Daily lightly put it.

Amnesty International is less measured, and alleges that the irregular Supreme Court hearing was ordered by political insiders to buttress the credibility of the country’s anti-corruption drive — and to avoid setting any precedent that evidence of torture should mitigate criminal sentencing. (China certainly found defenders for the trial (the link is to an ugly layout of raw HTML).)

The high court handed down its sentence this very day, after which Liu was immediately hailed to one of China’s mobile execution vans, given a lethal injection, and cremated.

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Entry Filed under: 21st Century, Capital Punishment, China, Crime, Death Penalty, Execution, Infamous, Lethal Injection, Milestones, Murder, Notable Jurisprudence, Organized Crime, Political Expedience, Politicians, Scandal, Torture, Wrongful Executions

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1783: The first hangings at Newgate Prison

3 comments December 9th, 2008 Headsman

On this date in 1783, London’s colorful penal history moved across town.

For centuries, public executions had been carried out at the storied Tyburn gallows, a ribald, rambunctious affair that involved carting the doomed from Newgate Prison through teeming city streets, by way of ale house pit stops.

The Tyburn era drew to a close late in the 18th century. Five weeks before, its last victim swung there.


The former hanging grounds of Tyburn, sketched by William Capon in 1785. The gallery still standing was privately erected, to sell tickets to spectators eager for a view.

Little more than a month later, the curtain raised and the trap fell on a new chapter for the London hanged.

Henceforth, the processional would be dispensed with, and the condemned simply walked across a courtyard and up a flight of stairs to a public gallows just outside the prison.

These were still public executions, and hardly eliminated the carnival atmosphere as this c. 1789 sketch will attest:

But it marked a move towards, if not altogether to, a version of the death penalty more familiar to modern eyes. For one thing, the prison itself became the site of punishment, absent the elaborate and occasionally dangerous theater of the trip to Tyburn; at Newgate, they were regularized, an extension of the frightful dungeon, and as the crowd itself was controlled and separated from the elevated platform, the natural next step would be at last to withdraw inside the prison’s walls.

At the same time, there is a technological advance towards “scientific” hangings geared to minimize suffering: the ‘New Drop’.

This system, whereby a trap sprung beneath the prisoner’s feet suspended him on the gallows, was not strictly new — a form of it had been used at Tyburn as early as 1760, though not repeated.* But the new drop (still just a variety of short drop, where strangulation is likely) marks a distinct shift towards a mechanistic punishment, clearly removed from the sometimes fraught physical confrontation between a prisoner and a hangman attempting to force him or her from the cart, and an antechamber into the grim 19th century science of reckoning hangman’s drops for the precise effect of snapping (without severing) the neck.

Of course, progress always has its detractors.

74-year-old Samuel Johnson groused at the “innovation” of leaving Tyburn:

[T]hey object that the old method drew together too many spectators. Sir, executions are intended to draw spectators; If they do not draw spectators, they don’t answer their purpose. The old method was most satisfactory to all parties; the public were gratified by a procession and the criminal was supported by it.

Approaching the matter from a very different perspective, Lord Byron found the Italian beheadings of Mastro Titta “altogether more impressive than the vulgar and ungentlemanly dirty ‘new drop’, and dog-like agony of infliction upon the sufferers of the English sentence.”

* In the correspondence of an early 19th century Secretary of the Admiralty, we have confirmation of this in a letter of Sir Peter Laurie, available from Google Books here and here. Laurie reports that “something like a drop in hanging criminals”

was not adopted as the general mode of execution till 1783, when ten felons were executed on the 9th of December in that year for the first time in front of Newgate, on a new drop or scaffold hung with black … The gallows used at Tyburn was purchased by a carpenter who, having no sentiment in his composition, converted it into stands for beer butts in the cellars of a public house called the “Carpenter’s Arms” in Adam Street.

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1638: The melancholy Dorothy Talby

Add comment December 6th, 2008 Headsman

On this date in 1683, Dorothy Talby was hanged in Boston for breaking the neck of her baby daughter (aptly named “Difficulty”) “in order to save the child from future misery.”

Though not the first execution of a woman in the territory of the future United States, it is the first that is reasonably well-documented … and for a disturbed, possibly insane, woman striking out against her troubled family life, a case that resonated for later Americans like Nathaniel Hawthorne and Oliver Wendell Holmes.

For those of us, post-Andrea Yates, for whom “post-partum depression” has become a sadly familiar term of criminology, it is likely to resonate as well.

Mrs. Talby was esteemed for godliness, etc., but after the birth of the child she became melancholy and possessed of delusions. She sometimes tried to kill herself and her husband by refusing to eat “meat” and not permitting them to eat it, saying it had been so revealed to her. (Source)

Take a break from the Headsman’s noodlings and instead enjoy the thoughtful treatment given Talby’s case by crime blogger extraordinaire Laura James.

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Entry Filed under: 17th Century, Abortion and Infanticide, Capital Punishment, Common Criminals, Crime, Death Penalty, Diminished Capacity, England, Execution, Hanged, Massachusetts, Milestones, Murder, Public Executions, USA, Women

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1990: Pastor Hossein Soodmand, apostate

2 comments December 3rd, 2008 Headsman

On this date in 1990, Hossein Soodmand, a Muslim who had converted to Christianity in the 1960’s, was hanged for apostasy under the sentence of a sharia court in Mashad, Iran — the last known apostasy execution in the Islamic Republic.

Soodmand’s post-conversion ministry in the Assembles of God church was not the sort of thing to endanger life and limb under the westward-looking Shah. But after the 1979 Iranian Revolution, there was a new sheriff in town.

Soodmand was not the last convicted or condemned for the crime — and converting to Christianity is still a crime — and his story has been back in the news of late because he may be in danger of losing his generation-long grip on the milestone.

In fact, he could lose the distinction to the next generation of his own flesh and blood.

The hanged pastor’s son, Ramtin Soodmand, was arrested in August, ostensibly for anti-government propaganda. But having followed his father’s evangelical footsteps, there was considerable fear — only slightly abated by his subsequent release on bail — that he could be put on trial for his life.

Amnesty International even put out an action alert for him during his detention, as a prisoner of conscience.

Around the same time, the Iranian legislature voted overwhelmingly for a measure to codify apostasy as a capital crime: confusingly, apostasy isn’t yet among the state’s statutes, but can be referred to sharia courts empowered to levy verdicts out of the Islamic religious tradition. (Besides Christians, Iran’s Baha’i are the other most likely defendants.)

The fact that these courts’ occasional death sentences since Soodmand have not been carried out is itself a telling indicator that the juridical disposition of apostasy cases in Iran is very sensitive to political pressure.

Small comfort to Ramtin’s sister Rashin Soodmand, who lives in London, and gave this moving interview to the Telegraph while her brother was still in a Mashad prison. In it, she describes her father spurning a bargain to abandon his illicit denomination in exchange for his life.

Of course, my father refused to give up his faith … He could not renounce his God. His belief in Christ was his life — it was his deepest conviction.

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1842: Philip Spencer, Samuel Cromwell and Elisha Small, on the ship yardarm

1 comment December 1st, 2008 Headsman

On this date in 1842, three American sailors were hanged at sea for attempted mutiny.

To meet the circumstances of the only Americans put to death for mutiny, we travel a long way back to a time long before the U.S. Navy was (or could claim to be) this:

Here in the antebellum Atlantic, bereft for weeks of any outside communication, every ship is a world — and sometimes a law — unto itself.

Philip Spencer. From the Chi Psi Fraternity, which Spencer co-founded and which maintains a Philip Spencer Memorial Trust.

Aboard the USS Somers, the law was a disciplinarian captain named Alexander Slidell Mackenzie, who received report that ne’er-do-well brat Philip Spencer — whose dad just happened to be John Tyler’s Secretary of War — was talking mutiny with enlisted sailors chafing under Mackenzie’s liberal use of the flog.

Spencer was a midshipman; the cadets largely untested youth whose purpose in going to sea was to get their feet wet.

Rashomon-like, the viewer can draw dramatically different conclusions from the actions thereupon ensuing. Underneath it all is this: aboard a ship that had no recourse to outside aid or communication, that was its inhabitants’ sole lifeline athwart a vast ocean, and that was held by its officers against the overwhelming numerical superiority of its crew, every misapprehension became magnified and every decision became one of life or death.

The bare facts are that Mackenzie became convinced that the intention was real, and as he held first Spencer, and then two supposed conspirators, Samuel Crowell and Elisha Small, in chains on the deck, his fears hourly grew that the plot was metastasizing and might strike with effect at any moment.

No semblance of due process attended this determination; Mackenzie got the officers he did have to vouchsafe their opinion of the situation in writing:

the evidence which has come to our knowledge is of such a nature, that, after as dispassionate and deliberate a consideration of the case as the exigency of the time would admit, we have come to a cool, decided, and unanimous opinion, that they have been guilty of a full and determined intention to commit a mutiny on board of this vessel of a most atrocious nature, and … we are convinced that it would be impossible to carry them to the United States, and that the safety of the public property, the lives of ourselves, and of those committed to our charge, requires that … they should be put to death.

Spencer, Cromwell and Small were hanged with ten minutes’ notice from the yardarm of the ship, Spencer protesting that the others were innocent.


The USS Somers … with its supposed mutineers hanged from the yardarm, just under the American flag. This and other images of the Somers can be found at a Department of the Navy page.

As one might imagine, there was a bit of an uproar when the vessel finally made port stateside. Oddly (or maybe not so odd) Mackenzie was initially the toast of the town for putting down a mutiny, before that Secretary of War guy and others started picking apart the case.

Though Mackenzie won acquittal at a court martial* — a verdict that could not possibly not have been colored by the competing pressures of Spencer’s influential (and enraged) father on the one hand, and the navy’s institutional need for a whitewash on the other — the cloud of the USS Somers would hover over him for the rest of his life.

And no wonder.

The ominous suggestions of treachery that Mackenzie perceived all around him looked to some others like phantoms; having taken the conviction into his head that a mutiny was afoot, he perceived it everywhere — a doodle of a pirate ship! stealthy glances! men standing about talking! — and panicked. One politician of the day even wrote years later that he believed “the éclat which would follow the hanging of a son of the Secretary of War as a pirate” influenced the captain towards hanging, the opposite of one what might assume.

And even if Spencer really were guilty, Mackenzie had less good cause for suspicion about Small, and practically nothing but his gut on Cromwell. Other sailors Mackenzie considered certainly culpable were returned to dry land, held in chains, and eventually released uncharged because the evidence was so paltry. These three were hanged in part because Mackenzie thought he would have more prisoners than he could control on his small ship.

It’s a debatable premise, and among the point author James Fenimore Cooper later assailed in Mackenzie’s defense.

That these are complaints issued after the fact and from the safety of land does not invalidate them. Mackenzie had command of the ship, and with power to order boys hanged from the yardarm came as much responsibility for steady judgment as for a firm hand. At the same time, others look at the same set of facts and approve Mackenzie’s actions.

Mackenzie may have been a Queeg-like commander, temperamentally ill-suited to his charge of blooding young cadets. And Spencer may have been a dangerously irresponsible character with no business aboard a ship at all. Neither man’s character flaws, however, resolve the inquiry however much they may have contributed to the tragedy.

The Somers incident was the spur towards important reforms in the navy. Three years later, the U.S. Naval Academy opened at Annapolis, Md., institutionalizing cadet instruction away from the haphazard stick-a-boy-on-a-boat routine that was understood to have set the scene for this day’s hangings.

George Bancroft was the father of the professional school at Annapolis, but Alexander Slidell Mackenzie, in association with Philip Spencer, were among the academy’s remoter forebears. (The Captain Called It Mutiny, by Frederic Franklyn Van de Water)

In 1850, flogging was abolished — another issue that permeated the Somers case.**

And Spencer et al may have left a literary legacy as well: this event is often cited as a likely inspiration for Herman Melville’s Billy Budd, through Melville’s cousin Guert Gansevoort, a lieutenant on the Somers and one of the signatories of the officers’ opinion that the prisoners ought to hang.†

Of less literary pretention but more suitable for sending-off as we return young Masters Spencer, Cromwell and Small to the deep: this weirdly wonderful anime mashup to the shanty “Curse of the Somers” falls in the category of “you can find anything on YouTube.”

* The court of inquiry which preceded the court martial produced a report that can be read here.

** Ironically, the USS Somers was returning from a trip to the African coast to deliver dispatches to the USS Vandalia, which in 1838 had become a pioneering vessel in the reduction of corporal punishment under the command of Uriah Levy.

Aptly, the Somers never caught up with the Vandalia to deliver those dispatches.

† Gansevoort retired an admiral; a World War II destroyer was named for him.

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1824: Henry Fauntleroy, choked on debt

1 comment November 30th, 2008 Headsman

On this date in 1824, the last Englishman to hang for forgery, met his fate at Newgate prison.

Henry Fauntleroy making his defense. From this Harvard gallery (part of the university’s Crimes Virtual Collection) of the period’s hanging press, including a Fauntleroy broadsheet (huge image, with a generic-looking merchant type as the criminal).

In a celebrated affair of the time, Fauntleroy was found to have inherited from his father a partnership in the foundering London bank Marsh, Sibbald & Co.

Desperate to keep the concern alive by maintaining a front of normalcy, Fauntleroy serviced its obligations by forging powers of attorney authorizing him to sell stock that he was supposed to merely be holding for investors.

Ever the diligent clerk, Fauntleroy made a ledger of the fraudulent transactions, plainly footnoted:

In order to keep up the credit of our house, I have forged powers of attorney for the above sums and parties, and sold out to the amount here stated, and without the knowledge of my partners. I kept up the payments of the dividends, but made no entries of such payments in our books.

The more things change

Fauntleroy, of course, didn’t have the reach of the Smartest Guys in the Room; what he did by foul means the collapse of his firm might have (more or less) accomplished by what economists regard as fair.

The firm, said the defendant, was in quite a fix.

I was only twenty-two years of age, and the whole weight of an extensive but needy Banking establishment at once devolved upon me, and I found the concern deeply involved in advances to builders and others … and the necessity of making further advances to those persons to secure the sums in which they stood indebted.

Translation: If you owe the bank £100, you’ve got a problem; if you owe the bank £100,000,000, the bank has a problem.

It took a lot less than that to run Marsh, Sibbald & Co. into the ground.

In this perplexed state the house continued until 1810, when its embarrassments were greatly increased, owing to the bankruptcies of Brickwood and others, which brought upon it a sudden demand for no less a sum than 170,000 £ … About 1814, 1815, and 1816, from the speculations with builders and brickmakers, & others, in which the house was engaged, it was called upon to provide funds to near 100,000 £, to avert the losses which would otherwise have visited it from these speculations. In 1819, the most responsible of our partners died, and we were called upon to pay over the amount of his capital, although the resources of the house were wholly inadequate to meet so large a payment. During these numerous and trying difficulties the house was nearly without resources, and the whole burthen of management falling upon me, I was driven to a state of distraction, in which I could meet with no relief from my partners, and, almost broken-hearted, I sought resources where I could, and so long as they were provided, and the credit of the house supported, no inquiries were made, either as to the manner in which they were procured, or as to the sources from whence they were derived.

In almost Dickensian fashion, our malefactor reacted more violently to allegations that the embezzlement had been effected in pursuit of a debaucherous lifestyle than he did to the criminal charge itself; if his version of bourgeois rectitude and endemic financial criminality further to the crumbling facade of his enterprise rings true, the ascetic clerk’s mortal penalty on behalf of his crummy bank will be a timely reminder of the pleasures one ought to seek before life withdraws them (or at least — just ask Robert Rubin! — of the invaluable utility of the limited liability company).

Having thus exposed all the necessities of the house, I declare that all the monies temporarily raised by me, were applied, not in one instance for my own separate purposes or expenses, but in every case they were immediately placed to the credit of the house in Berners-street, and applied to the payment of the pressing demands upon it. This fact does not rest on my assertion, as the transactions referred to are entered in the books now in the possession of the assignees, and to which I have had no access since my apprehension. These books, I understand, are now in Court, and will confirm the truth of my statement; and to whatever account all the sums may be entered, whether to that of Stock, of Exchequer Bills, or to my private account, the whole went to the general funds of the Banking-house.

Parliament abolished the death penalty for forgery in 1832. According to Hanging in the Balance: A History of the Abolition of Capital Punishment in Britain, a factor in the legislation was jurors’ increasing unwillingness to convict those accused of the crime knowing that it could lead to hanging.

A rumor circulated after Fauntleroy’s death — having something to do with the fame of the criminal, and something to do with what was reportedly his corpse’s unnaturally undamaged condition after the execution — that he had contrived to survive the hanging by slipping a silver tube down his throat, then absconded to live abroad.

Though evidently baseless as a factual matter, the legend is paid tribute by Nathaniel Hawthorne’s The Blithedale Romance, with a mysterious banker named “Fauntleroy” whose backstory would have elicited a knowing wink from many a reader in his time … and ours.

After Fauntleroy had thus spent a few empty years, coruscating continually an unnatural light, the source of it — which was merely his gold — began to grow more shallow, and finally became exhausted. He saw himself in imminent peril of losing all that had heretofore distinguished him; and, conscious of no innate worth to fall back upon, he recoiled from this calamity with the instinct of a soul shrinking from annihilation. To avoid it, — wretched man! — or rather to defer it, if but for a month, a day, or only to procure himself the life of a few breaths more amid the false glitter which was now less his own than ever, — he made himself guilty of a crime. It was just the sort of crime, growing out of its artificial state, which society (unless it should change its entire constitution for this man’s unworthy sake) neither could nor ought to pardon. More safely might it pardon murder. Fauntleroy’s guilt was discovered. He fled …

The wreck of his estate was divided among his creditors: His name, in a very brief space, was forgotten by the multitude who had passed it so diligently from mouth to mouth. Seldom, indeed, was it recalled, even by his closest former intimates. Nor could it have been otherwise. The man had laid no real touch on any mortal’s heart. Being a mere image, an optical delusion, created by the sunshine of prosperity, it was his law to vanish into the shadow of the first intervening cloud. He seemed to leave no vacancy; a phenomenon which, like many others that attended his brief career, went far to prove the illusiveness of his existence.

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Entry Filed under: 19th Century, Arts and Literature, Capital Punishment, Common Criminals, Crime, Death Penalty, England, Execution, Executions Survived, Hanged, Milestones, Pelf, Public Executions, Ripped from the Headlines

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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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