On this date in 1983, Georgia’s electric chair* got its first use in 19 years.
The Headsman is not a theologian, but does believe John Eldon Smith’s quotable last words –
Well, the Lord is going to get another one.
– would be conditioned on the Lord’s policy on crimes like this:
Joseph [Ronald] Akins’ former wife, appellant Rebecca Akins Smith Machetti, together with her husband, appellant John Eldon Smith, a/k/a Anthony Isalldo Machetti, a/k/a Tony Machetti** … plotted the death of Joseph Akins with the intent of redeeming the proceeds of Akins’ insurance policies, and other benefits, the beneficiaries of which were Mrs. Machetti and her three daughters by her marriage to Akins … appellant Tony Machetti drove to Macon, Georgia … contacted Ronald Akins and lured him into the area of the crime, ostensibly to install a television antenna … when he and his wife arrived at the appointed time the appellant Tony Machetti killed both of them with a shotgun.
Trial testimony against Smith said that the insurance salesman was hoping with his shotgun-slaying prowess to become a made man.
And the supposed last words, it should be noted, are not apparent on the secret audio recording of the execution, available here, although the religious theme presents itself in the form of a Catholic benediction. The rest is all clinical efficiency, a far cry from the next year’s dreadful botch.
The Dec. 16, 1983 New York Times report — executions were still oddities that drew national coverage at this time — quoted a witness remarking on the “antiseptic and sterile” process, which the Times writer described thus:
A square of material was draped over Mr. Smith’s face and a leather-strapped cap containing an electrode was placed over his head.
So tightly was he strapped to the chair, witnesses said, it was difficult to tell when the three unidentified executioners pressed three small buttons, one of which sent 2,000 volts of electricity through the condemned man’s body for two minutes. According to prison tradition, none of the executioners knew if his was the lethal button.
Far more noteworthy than either the day’s procedure or its subject was the context of a noticeably accelerating execution pace.
From resumption of executions in 1977 through 1982, there had been only six people put to death in the U.S.; Smith capped a year with five more, including back-to-back days (Robert Wayne Williams had been electrocuted in Louisiana on December 14).
Anti-death penalty lawyer and activist Henry Schwarzschild was quoted in the article bemoaning “a new period where executions are utterly likely” and prophesying 30 to 50 in the year ahead thanks to prisoners’ appeals expiring.
There were, in the event, 21 American executions during the ensuing twelvemonth, almost tripling the country’s total up to that time; the annual total has never since 1983 returned to single digits.
On this date in 1823, French physician Edme Castaing expiated upon the scaffold history’s first conviction for murder with morphine.
The good doc used the drug, a new twist on an ancient remedy only recently brought to market, apparently to poison off one of two wealthy brothers with the connivance of the other wealthy brother, the latter of whom stood in danger of being disinherited.
And then, the beneficiary of that crime wrote a will of his own to the profit of the poisoner.
Do not try this at home.
Castaing, naturally, poisoned off the other brother, too, and relieved some considerable financial distress along with, one must think, the burdensome company of a complete dullard.
“The science of toxicology,” however, “was not greatly advanced at this time, and … the above conclusion was based on presumption rather than fact.”
While today, such a case might be ripped from CSI, in 1823 it entailed an uncertain trial with varying (and wrong) medical testimony and a circumstantial trail of witnesses drawing flailing rebuttals from the accused that ran towards the unconvincing and the contradictory. (Follow the twists and turns from a contemporary chronicle here.)
Quite convicted in the public eye (a verdict history has had little cause to revisit), Castaing was judicially acquitted of the murder of Hippolyte Ballet, and doomed by the barest 7-5 majority verdict for the second Ballet boy. The London Times complained in its report of the execution (printed Dec. 9, 1823), that
[t]he faculty speak in very harsh and unmeasured terms of Dr. Pellatan, who neither described with care and accuracy, what he himself observed on opening of the body of Ballet, nor gave them the means of forming an opinion themselves, by bringing to Paris the intestines of the deceased. The physicians join the rest of the world in ascribing Ballet’s death to substances administered by Castaing, but they regret that criminal justice could not, owing to the neglicence or ignorance of Pellatan, obtain more satisfactory proofs of the crime. Beyond his own confessions, contradictions, and admissions, there was confessedly no ground to convict him.
A few years later, Victor Hugo (we keep meeting him here) had the title character in “The Last Day of a Condemned Man” occupying Castaing’s former cell, and evidently thought the matter possessed sufficient notoriety to name-check the headless poisoner decades afterwards in Les Miserables.
On this date in 1938, California debuted the latest in killing technology when its brand new gas chamber consumed Robert Lee Cannon and Albert Kessel for the previous year’s riot in Folsom Prison.
First up were five convicts in three installments: Cannon and Kessel on Friday, Dec. 2; Wesley Eudy and Fred Barnes the following Friday, Dec. 9; and Ed Davis by his lonesome on Dec. 16. (The gas chamber only seated two at a time, and had to be aired out for hours after completing an execution.)
They were the five survivors of a bloody rising at Folsom in September 1937 that had killed Warden Clarence Larkin, plus a prison guard and two inmates. And they earned thereby the distinction of being blogged about in the 21st century as Californian pioneers.
Though the gas chamber’s maiden run doesn’t appear to have experienced what we might call an actual botch (a later article would report that they “stoically shuddered to their deaths”), the unfamiliar procedure made plenty of witnesses queasy. According to the Dec. 3, 1938 Los Angeles Times,
Prison attendants, used to watching men die, said the exhibition sickened them. It led almost immediately to a movement to have the new law repealed and hanging reinstuted as the method of capital punishment in this State.
The Times‘ “Daily Mirror” history blog helpfully provides several of the eyewitness reactions (along with ancient newsprint pictures of the condemned).
Kessell’s death was visibly unpleasant. He “appeared to be trying to hold his breath. He was rigid and his hands gripped the arms of his chair as the gas hit him. He gasped: ‘It’s bad!’” Cannon’s seems to have been less so.
But the real source of spectator revulsion was the audience’s aesthetic experience — in this case, of excessively prolonged and intimate proximity to the dying men.
What several witnesses said made today’s executions so terrible was the fact that the condemned men were not masked or blindfolded and that it took so long,* from the time they entered the chamber to be strapped into the chairs until they were pronounced dead.
The movement to restore the gallows never got, er, off the ground; California kept gassing condemned men and women into the 1990’s, when it switched to lethal injection.
Killed in San Quentin for crimes in Folsom? Here’s the mandatory Johnny Cash callout.
* A couple of minutes to strap down, and another 16 minutes from the start of the execution until death was pronounced. This same newspaper article said hangings clocked in at under 15 minutes for the entire procedure.
Everything is relative, of course. Renowned British hangman Albert Pierrepoint had to conduct a few executions for the U.S. military, and he found the American hanging ritual to be intolerably prolonged and personal compared to his baseline assumption.
On December 1, 1945, German General Anton Dostler was shot by the American military at Aversa, Italy, for war crimes.
Gen. Dostler readied for execution, from the U.S. National Archives. Click for larger image, or click here for the post-execution photo.
Specifically, General Dostler was condemned for having ordered the summary execution of American saboteurs who had been taken behind enemy lines.* Dostler was the first German general tried by an American military commission, and the first put to death for war crimes.
There had been a group of German saboteurs captured in the United States during the war who had themselves been executed (after becoming the subject of Supreme Court landmark Ex parte Quirin). Here, a mirroring act on the German side brought a death sentence for its (supposed) author.
Dostler’s scenario therefore raised interesting questions of war crimes law, jurisdiction … and politics.
The essential legal difference between the German saboteurs and the OSS men shot at La Spezia was that the latter were found to have been taken in uniform. If uniformed, they were entitled to prisoner of war status; if not, then a summary execution might have been (however repugnant) permissible.
It seems to be generally agreed, and even conceded by Dostler’s defense, that the saboteurs were indeed in uniform, though the notes of the trial are rather vague on the point; there’s an intriguing indication that the defense disputed the notion that the captive saboteurs’ uniform had the necessary “fixed distinctive sign recognizable at a distance.” (Time said that “they wore no insignia, had turned their field jackets inside out.”)
In a do-over, Dostler’s defense might have dug very deep into what met the Geneva Convention’s definition of a uniform.**
For the Germans, however, the saboteurs’ fate was decided by Hitler’s notorious Commando Order, inflicting immediate death on any enemy personnel (uniformed or not) captured behind German lines.†
Understandably, then, Dostler’s counsel seems to have been much more interested in pursuing the “superior orders” defense, and did so with gusto: in this early landmark trial, it was an as-yet untested strategem even though the Allied Powers had decided as a matter of policy not to protect potential war criminals on that basis. Not only was the Führerbefehl at work in general, but Dostler had kicked this specific decision upstairs to the office of Gen. Albert Kesselring, which had insisted upon the executions (to the point of directly phoning the fortress which held the Americans to ask why they weren’t dead yet).
Dostler defense attorney Col. Claudius Wolfe appeared to strike a chord with the tribunal’s career military officers in his closing summation, impressing upon them the danger to military order or to their own persons of establishing a precedent that subordinates can be held accountable for illegal orders from above.‡
We won the war this time, but no one knows who will win the next time. We might lose and then you gentlemen might find yourselves sitting where this man is now sitting…
If we find this man guilty because of political pressure or because he lost the war and is in our power, we might as well not have won the war. (New York Times, Oct. 12, 1945)
But a more immediate precedent was at stake: the many imminent war crimes trials including the Nuremberg proceedings. Many of those would never get off the ground if a “superior orders” plea could work for someone as high-ranking as a general — or if the first war crimes trial out of the gate resulted in an acquittal.
A son of one of Dostler’s defense team makes a hotly-stated case for the general here; some factual errors (e.g., the “Roosevelt administration”) detract from the piece, but his recollection of the backstage machinations as related by his father are fascinating if true.
Video of Dostler’s execution is available, in its original silent cut.
* A description of the attempted operation, with helpful maps, is here (pdf). Coincidental — but perhaps informative for the Third Reich’s decision-making apparatus — was the fact that the La Spezia saboteurs were captured on March 24, 1944, the very same date as a reprisal mass execution in Rome for a partisan attack the day before that had claimed 33 Germans.
** Here (pdf) is a review of the current legal terrain around the “uniform” issue, significantly shaped by World War II. Executive summary: commanders should give awfully wide latitude to hostiles wearing less-than-standard uniform unless said hostiles are clearly using their wardrobe as a ploy to get the drop on your guys.
† Actually, the text of the Commando order directed that enemy “commandos” should without quarter “be exterminated to the last man, either in combat or in pursuit” (a “no quarter” order being illegal itself, but not relevant here); but, that those who somehow managed to be captured should be handed over to the SS. German officers seem to have understood, probably accurately, that the high command simply wanted them dead and wasn’t fussy about distinguishing the circumstances. Dostler’s guys (per the Oct. 13, 1945 London Times) contended that Hitler’s citation in the Führerbefehl of Allied atrocities made the German policy in reality a Geneva Convention-legal reprisal order.
‡ A German officer down the chain of command, Alexander zu Dohna-Schlobitten, actually refused to sign the execution order for the Americans because — yes — the order violated the Geneva Conventions. The Wehrmacht sacked him, but did not prosecute him, for his scruples.
On this date in 1944, the restored French Republic shot the editor of the collaborationist newspaper Aujourd’hui (Today).
Suarez’s (linked page in French) writings (French again) had endorsed the German occupation and called for steps even beyond what the Germans were prepared to take: the wholesale taking of Anglo hostages as proof against Allied bombing raids, for instance.
His trial and execution were the first of many suffered by pro-Vichy writers and journalists condemned by the vengeful free French courts for their part in the Nazi occupation, especially in the first months after liberation. The public intellectuals of the wartime government were, as a matter of fact, in the dock faster than the government itself.
Alice Kaplan, writing of the more infamous collaborationist writer Robert Brasillach who would follow Suarez’ footsteps in a few weeks, observes:
Writers were easy to try. Their files, crumbling now, are rather thin: clippings of their articles from the collaborationist press, underlined in red and blue ink with an occasional commentary; a report by the prefecture of police outlining their political affiliations and behavior during the Occupation; a list of witnesses called by the defense and the prosecution; interviews of the accused, before the trial, going over the charges against him; letters from friends — and enemies — sent to the judge before the trial. It was easier to organize a case against a journalist than a case against a common-law criminal or a financial collaborator. The bulk of the evidence was in newspaper clippings, quickly compiled.
“Treason is a matter of dates,” Suarez’ lawyer averred, channeling Talleyrand. But at this early date of freedom, not six months after Omaha Beach had been wrenched from German hands, there was much less sympathy for the philosophic vagaries of history than some subsequent writers would enjoy — and there was a good deal of indictable behavior:
Whether they faced the charge of treason or of national indignity, the writers were accused of having espoused numerous elements of Nazi ideology: anti-communism; anti-Semitism; support for the releve (the system designed to send French workers to Germany in exchange for French POWs); support for the Milice (Vichy’s police force); support for the German and French troops fighting the Soviets on the Eastern front; attacks against de Gaulle and the Resistance; participation in collaborationist organizations; trips to Germany during the Occupation, in particular to the International Writers’ Congress at Weimar in 1941.
In addition to its noteworthy history in the postwar purge of journalists, Kaplan reports that Suarez’s trial may also have been the first in French history for which women were eligible to serve as jurors — although none of the women in the jury pool were ultimately seated, and the milestone seems not to have been widely noticed even at the time.
The execution itself was badly botched: Suarez is said to have survived both the initial fusillade and a second barrage from the firing squad before a third round finished him off.
On this date in 1845, husband-and-wife murderers Crawford and Lavinia Burnett (nee Sharp) danced a gallows jig built for two in Fayetteville, Arkansas.
The duo contrived with their son, John, to rob and murder a nearby recluse, Jonathan Selby, for the money he was thought to be hoarding.
The family the slays together, pays together.
Alas for mom, dad, and big brother, 15-year-old daughter Minerva shopped them.
John-boy was still on the lam at this time — he’d be caught soon, and hanged December 26 — but Lavinia and Crawford hanged together before a large crowd in the vicinity of the present-day Fayetteville National Cemetery.
It was the first recorded execution of a woman in Arkansas history, and would be the only such until the year 2000.
At dawn this date in 1550, two sons* of Jon Arason were beheaded at Skalholt, followed by the energetic sextegenerian prelate himself — cementing Lutheranism in Iceland.
As bishop of the northern diocese of Holar and one of the most powerful pols in Iceland, Arason did what he could to maintain papal authority when the Danish King Christian III began pushing Protestantism.
Arason was a practical guy; remote from any prospect of aid, he was content to maintain a cordial balance between his diocese and the southern one of Skalholt. (The two sees were political rivals of long standing; Skalholt’s previous Catholic representative, Ogmundur, had at one point many years before our narrative excommunicated Arason and forced the latter to flee to Denmark.)
Whether driven by the prince or the bishop within,** Arason took advantage of his Protestant opposite number’s timely passing in 1548 to make a play for power in the south as well. Early returns augured well; Arason arrested the Lutheran replacement, got the Icelandic parliament to throw in with him, and captured key points in the Holar diocese, reconsecrating ecclesiastical properties as Catholic.†
But his rival Dadi Gudmundsson turned the tables on the man who was becoming the de facto ruler of the island by ambushing him at a parley. The cleric and the two sons, having been declared outlaws months before by Danish decree, were executed on that basis without trial, lest holding them for the planned hearing the following spring enable their supporters to rally. Arason’s beheading was reportedly botched.
Legally doubtful but practically effectual, the axe that (eventually) decapitated the divine did likewise to his flock. Lutheranism thereafter settled comfortably into the ascendancy: Iceland would not have another Catholic bishop for nearly four centuries, by which time its Catholic population had shrunk near the vanishing point.
Although his faith didn’t have legs on the island, Arason reads very easily as a proto-nationalist figure and political actor; he’s been well-loved by Protestant, Catholic, and irreligious posterity alike.
He also gave Icelandic a bit of vernacular on his way to shuffling off this mortal coil. When a priest named Sveinn proffered the solace, “There is a life after this one!” as the last bishop approached the block, he replied, “Veit ég það, Sveinki!” — “This I know, Sveinki!”
In everyday conversation in Iceland, that phrase is still used to tease someone who has just stated the obvious.
* Although this is well into the period when Catholic clergy were supposed to be practicing celibacy, Arason’s indifference to this particular mortification of the flesh is just another bit of his charm. With his mistress Helga Sigurdardottir, he sired nine sons and daughters, marrying them into politically advantageous allegiances where possible. At least eight subsequent Lutheran bishops sprang from his seed; by the present, “virtually all Icelanders can validly claim direct descent” from Jon Arason, according to Iceland, the First New Society.
** Jon Arason was also a notable poet. Ljomur, whose attribution to Arason is speculative, can be enjoyed for free here.
† More particulars about the Icelandic political chessboard are available in this 19th century text (the pdf is easier on the eyes than the text), or in “An Icelandic Martyr: Jón Arason,” by Thomas Buck, in the Jesuit publication Studies: An Irish Quarterly Review, Vol. 46, No. 182 (Summer, 1957), pp. 213-222.
On this date in 1463, the last regal claimants of Byzantium’s last successor state were executed in Constantinople.
They were, by this time, two years deposed from actual power. David of Trebizond (aka David Comnenos) had inherited the enclave“empire” clinging to the Black Sea coast in 1459, and proved himself “a fit agent for consummating the ruin of an empire.”
Specifically, he cleverly set about needling the overwhelming Turkish power on his borders by vainly attempting to stir up another Crusade, and refused to pay the Mohammedan tribute.
Having recently reduced the impregnable fastness of Constantinople, Mehmed the Conqueror handily availed this provocation to overrun Trebizond.
David and kin made out okay by this calamitous extinction of the Byzantine candle, negotiating in the summer of 1461 an arrangement to settle in Adrianople under the sultan’s protection (and monitoring).
Two years later, David was reportedly caught plotting against the keeper of his gilded cage once more, and Mehmed had the former Emperor, his sons, a nephew and a brother-in-law beheaded, neatly extinguishing the last people with any lineal claim the late Greek imperium.
Theodore Spandounes, a Venetian of Byzantine refugee stock writing in the early 16th century,* claims this was a set-up by Mehmet, “ravenously thirsting for Christian blood,” and that the Komnenoi were given the chance to convert to Islam and atoned their poor statecraft with holy martyrdom.
Furthermore,
Mehmed confiscated all the property of the imperial family of Trebizond and condemned the Empress [Helen Kantakouzene or Cantacuzene] to pay 15,000 ducats within three days or be executed. Her servants, who were Mehmed’s prisoners in Constantinople, worked from dawn to dusk to raise the money and paid it … [but] she had no desire to remain in this world; and, clad in sackcloth, she who had been accustomed to regal finery, refused to eat meat any more and built herself a hovel covered in straw in which she slept rough. Mehmed had decreed that no one was to bury the bodies under pain of death. They were to be left for the dogs and ravens to devour. But the sainted Empress secretly acquired a spade and with her own delicate hands as best she could dug a trench in her hut. All day long she defended the corpses against the animals and at night she took them one by one and gave them burial. Thus did God give her the grace to bury her husband and her sons; and a few days later she too died.
* And writing, it should be observed, with the polemical intent of persuading western powers to go fight the Ottomans.
On this date in 1941, the German occupiers of Minsk conducted an infamous public hanging of partisans — perhaps the first such salutary public execution of resistance members of the war.
Jewish* 17-year-old Maria (Masha) Bruskina was the central figure of the grim tableau, and wore the placard announcing “We are partisans and have shot at German soldiers.” Evidently, she also attracted the most attention** from the onlookers to whom the scene was addressed.
Before noon, I saw the armed German and Lithuanian soldiers appear on the street. From over the bridge they escorted three people with their arms tied behind their backs. In the middle there was a girl with a sign-board on her chest. They were led up to the yeast factory gate. I noticed how calmly these people walked. The girl did not look around … The first one led to the gallows was the girl.
She was hanged with bewhiskered World War I vet Kiril Trus and the 16-year-old Volodia Shcherbatsevich. The men were members of a partisan cell organizing anti-fascist resistance; Masha Bruskina was a nurse who had been caught aiding the partisans by providing civilian clothes and papers for wounded Red Army soldiers under her care to smuggle them back to the resistance.
The scene of their deaths was captured in a series of powerful photographs taken by one of the Lithuanian Wehrmacht collaborators.
* Phototextualities: Intersections of Photography and Narrative claims that Bruskina lightened her hair and changed her name to prevent her Jewishness affecting her resistance work; even though she was a Minsk native, her initial identification didn’t happen until 1968. The men who suffered with her were named almost immediately after the war.
** Despite the eye-catching place of the girl, she was officially unidentified for decades even after the name Masha Bruskina surfaced. In “A Historical Injustice: The Case of Masha Bruskina,” (Holocaust Genocide Studies 1997, 11:3) Nechama Tec and Daniel Weiss argued that Soviet authorities, and later Belarusian ones, found her Jewishness problematic and resisted identifying her because of it — while an ethnically Russian female partisan like Zoya Kosmodemyanskaya could be more conveniently accepted as a heroine. Maybe, but bureaucratic inertia and simple precedence (since Zoya Kosmodemyanskaya was known immediately while Masha Bruskina was not) are also plausible contributing factors.
A plaque unveiled at the Minsk yeast factory in 2009 finally called her Maria Bruskina.
On this date in 1672, Thomas Rood (or Rhood, or Roode, or even Rude) achieved in Norwich, Conn., the distinction of being the only person executed in the future United States of America for incest.
not haveing the feare of God before thine eyes thou hast committed that abominable sin of incest haveing carnall copulation with Sarah Rhood thy reputed daughter for which according to the law of God & the law of this colony thou deservest to dye …
Actually, the laws of the colony said nothing about incest, requiring the Hartford Court of Assistants to ask around the local clergy whether this sort of thing should be a hanging offense.
Yup:
Thomas Rhood thou art to goe from here to the place from whence thou camest & in due time to be carryed from thence to the place of execution & there to be hanged by the neck till thou art dead & then cut down & buried.
Of course, it takes two to tango; daughter/lover Sarah was in some fear for her neck as well, until the court took
notice of a great appearance of force layd up upon her spirit by her father overaweing & Tiranical abuse of his parentall authority besides his bodily striveings which not onely at first brought her into the snare but allso in after yeilding to his Temptation.
Having seemingly found her to be a rape victim, the court extended leniency.
[T]he sentence of the court is that shee be severly whipt on the naked body once at Hartford & once at Norwich that others may heare & fear & do no more such abominable wickednesse.
17th century texts from this pdf on a site selling an 820-page genealogy of the Rood lineage in America … to which the randy old man contributed to the tune of at least nine children.
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