ExecutedToday.com

On this, the second day of the abortive 1832 June Rebellion in Paris, police inspector Javert is faux-executed — and mercifully released — by his longtime quarry Jean Valjean in Victor Hugo’s classic Les Miserables.

Javert depicted in an theatrical poster, from the Les Miserables Gallery. The site identifies this as an 1899 poster, which may be mistaken since the actor billed for Javert died in January 1898.

Hugo’s monumental novel is structured by the implacable policeman’s pursuit of Jean Valjean, an absconded ex-con with a heart of gold.

Fate brings them together accidentally at the barricade of the (historical, but now forgotten) student uprising — Javert to spy on the student revolutionaries, who unmask him, and Jean Valjean to keep an eye on his adoptive daughter’s idealistic lover.

The latter’s timely contribution gives him the pull to ask the favor of being the one to execute the spy.* As he’s been hunted relentlessly by the lawman since breaking parole nearly two decades before, the hero has ample motivation to turn executioner.

Instead…

When Jean Valjean was left alone with Javert, he untied the rope which fastened the prisoner across the middle of the body, and the knot of which was under the table. After this he made him a sign to rise.

Javert obeyed with that indefinable smile in which the supremacy of enchained authority is condensed.

Jean Valjean took Javert by the martingale, as one would take a beast of burden by the breast-band, and, dragging the latter after him, emerged from the wine-shop slowly, because Javert, with his impeded limbs, could take only very short steps.

Jean Valjean had the pistol in his hand.

In this manner they crossed the inner trapezium of the barricade. The insurgents, all intent on the attack, which was imminent, had their backs turned to these two.

Marius alone, stationed on one side, at the extreme left of the barricade, saw them pass. This group of victim and executioner was illuminated by the sepulchral light which he bore in his own soul.

Jean Valjean with some difficulty, but without relaxing his hold for a single instant, made Javert, pinioned as he was, scale the little entrenchment in the Mondetour lane.

When they had crossed this barrier, they found themselves alone in the lane. No one saw them.

…

Jean Valjean thrust the pistol under his arm and fixed on Javert a look which it required no words to interpret: “Javert, it is I.”

Javert replied:

“Take your revenge.”

Jean Valjean drew from his pocket a knife, and opened it.

“A clasp-knife!” exclaimed Javert, “you are right. That suits you better.”

Jean Valjean cut the martingale which Javert had about his neck, then he cut the cords on his wrists, then, stooping down, he cut the cord on his feet; and, straightening himself up, he said to him:

“You are free.”

Javert was not easily astonished. Still, master of himself though he was, he could not repress a start. He remained open-mouthed and motionless.

Jean Valjean continued:

“I do not think that I shall escape from this place. But if, by chance, I do, I live, under the name of Fauchelevent, in the Rue de l’Homme Arme, No. 7.”

Javert snarled like a tiger, which made him half open one corner of his mouth, and he muttered between his teeth:

“Have a care.”

“Go,” said Jean Valjean.

Javert began again:

“Thou saidst Fauchelevent, Rue de l’Homme Arme?”

“Number 7.”

Javert repeated in a low voice: — “Number 7.”

He buttoned up his coat once more, resumed the military stiffness between his shoulders, made a half turn, folded his arms and, supporting his chin on one of his hands, he set out in the direction of the Halles. Jean Valjean followed him with his eyes:

A few minutes later, Javert turned round and shouted to Jean Valjean:

“You annoy me. Kill me, rather.”

Javert himself did not notice that he no longer addressed Jean Valjean as “thou.”

“Be off with you,” said Jean Valjean.

Javert retreated slowly. A moment later he turned the corner of the Rue des Precheurs.

When Javert had disappeared, Jean Valjean fired his pistol in the air.

Then he returned to the barricade and said:

“It is done.”

Or, has played in the modern hit musical adaptation:

In saving his own soul, Jean Valjean (conveniently!) manages to kill his pursuer just the same: the cognitive dissonance for such a hard, emotionless man being on the receiving end of this bit of redemptive mercy leads Javert to break character so far as to allow his man to escape. The inspector then commits suicide.

Les Miserables is available free several places online, including Gutenberg.org and The Literature Network.

* While the recent musical production of Les Miserables is ambiguous as to what was planned for Javert, Hugo leaves no room for doubt: as the students prepare for the fatal onslaught, their leader Enjolras decrees that “[t]he last man to leave this room will smash the skull of this spy.”

Also On This Date

• 1997: Henry Francis Hays, whose crime cost the Klan

On this date in 2006, one of Beijing’s wealthiest plutocrats (along with two of his relatives) caught a lethal injection for the shady side of his business.

Yuan Baojing, “stock market whizzkid”, had risen from the nameless masses of China’s countryside to prosper in “Red” China’s authoritarian capitalism.

Though worth billions (or at least hundreds of millions), Yuan went down over the trivial sum of $9 million — the amount he reckoned a business associate had taken by fraud.

But then, it’s always impolite to count the corpses stuffed into the pillars of capital. The surprise here is that Yuan got caught: he’d hired a dirty cop to kill that business partner, but after the plot failed the cop started blackmailing the tycoon. Yuan responded by hiring his brother and cousin to pop the cop.

Yuan survived a scheduled execution the preceding October by transferring billions in assets to the Chinese government — understandably triggering some complaints about fair play.

Those billions bought him five months.*

On this date, he and his hirelings were given a public trial in Liaoyang, followed by an immediate lethal injection in one of China’s mobile execution vans.

* The mogul’s wife, Tibetan dancer Zhou Ma, was herself swindled during this period as she spread around cash trying to save her husband’s life.

Also On This Date

• 1915: Four French Corporals, for cowardice

On this date in 1957, the phone outside San Quentin’s gas chamber rang with a governor’s reprieve for Burton Abbott … but the execution was already underway.

Abbott was convicted of abducting and murdering 12-year-old Stephanie Bryan — a notorious crime that poet Sharon Olds, then a San Francisco teenager about the same age as the victim, memorialized in verse.

Then dirt scared me, because of the dirt
he had put on her face. And her training bra
scared me—the newspapers, morning and evening,
kept saying it, training bra,
as if the cups of it had been calling
the breasts up—he buried her in it,
perhaps he had never bothered to take it
off. They found her underpants
in a garbage can. And I feared the word
eczema, like my acne and like
the X in the paper which marked her body,
as if he had killed her for not being flawless.

Strong though ultimately circumstantial evidence connected Abbott to the crime, and the accused coolly maintained his own innocence at trial and thereafter. (The Oakland Museum has an extensive collection of photographic negatives from the trial.)

Abbott convinced his mom, but not many others — see this comment thread, for instance.

His last hours on March 15 were a rush of activity for a defense team that had fought for any possible angle to avert his death. A flurry of communications to Gov. Goodwin Knight delayed the execution once, and then secured a second stay just as the Abbott was being prepared for his fate.

By the time the phone rang, Abbott was already shrouded in cyanide fumes.

Goodwin’s Secretary Joseph Babich: Has the execution started?
Warden Harley O. Teets: Yes, sir, it has.
Babich: Can you stop it?
Teets: No, sir, it’s too late.

Also On This Date

• 1938: Seventeen former Bolshevik officials from the Trial of the 21

On this date in 1937, Isidore “Beansy” Zimmerman spent the day preparing for death in New York’s electric chair … but was spared by an 11th-hour clemency from New York Governor Herbert Lehman.

Here’s the scene, as laid in the anti-death penalty tome of wrongful convictions In Spite of Innocence:

As dawn broke over Sing Sing Prison, Beansy Zimmerman had every reason to think it would be his last day.

Zimmerman numbly went through the pre-execution rituals. The last meal (choose whatever you want), and music (you get to choose that, too) played on the wind-up phonograph. The barber shaves your scalp so the electrodes can fit snugly against your bare skin. The tailor slits one of your trouser legs for another electrode. Officials treat you with unaccustomed politeness. A final family visit — how do you say good-bye when you know it is forever? What should your last words be? Beansy’s mother stayed away, unable to face such finality.

Two hours before execution, Gov. Lehman commuted his sentence.

In this blog, we lay aside each story day by day, but for those affected, it’s rarely so easy — which is why the mothers of the five men condemned today put in their personal clemency appeals to the governor.

For Zimmerman and a fellow “accomplice” named Philip Chaleff whose respective roles in a robbery/murder were doubted, it had the desired effect. (Dominick Guariglia, Arthur Friedman and Joseph O’Loughlin weren’t so lucky.)

Chaleff, a diabetic being kept alive just for execution, soon succumbed. For Zimmerman, the execution that did not happen was to define the rest of his 66 years. He was alive, but to what end?

“I wasn’t dead, no,” he remembered. “But every day from now on they’d bury me a little more.”

Zimmerman fought, by becoming a skilled jailhouse lawyer and in 1962 finally winning exoneration from the New York Supreme Court, which held that the testimony against him had been perjured with the connivance of the prosecutor.

He’d spent nearly a quarter-century in prison. Now, he was just another ex-con scrabbling after dead-end employment.

For years thereafter, Zimmerman fought for a special bill that would allow him to sue the Empire State for wrongful imprisonment, finally winning approval in 1981.

His suit asked for $10 million. The judge reckoned Zimmerman’s time and trouble were worth a tenth of that.

Expenses deducted, Zimmerman walked away with $660,000 — that, and sweet vindication.

Fourteen weeks later, he dropped dead of a heart attack.

Also On This Date

• 2007: Iwuchukwu Amara Tochi, "the burden thus shifted to him"

On this date in 1879, two Molly Maguires hanged in Mauch Chunk, Pa., while their reprieve waited for them just outside the door.

John Kehoe may have been the symbolic last chapter in the Mollies‘ suppression, but Pennsylvania didn’t intend to forego its mopping-up operation.

James McDonnell and Charles Sharpe (or Charles Sharp) had been convicted of murdering George Smith in 1863; like other Molly Maguire crimes, this one either (take your pick) languished for 13 years until the criminal enterprise that authored it was toppled, or was plucked from obscurity as a pretext on which to condemn the men on rather doubtful evidence.

It was on the strength of “snitch” testimony from admitted murderers that McDonnell and Sharpe were sentenced to die — McDonnell, a hirsute Irishman straight from barbarian central casting, even tried turning informer himself to save his own life, just as his accusers had done. (He continued to deny responsibility for the Smith murder, including on the gallows in his last statement.)

But as Maguire cases go, these were small fry … and it’s the sad circumstances of their end and the evocative description of the scene under the gallows that attracts our attention today.

An execution which it was thought would be one of the quietest hangings that ever took place in Mauch Chunk has proved the most exciting. A reprieve from Gov. Hartranft arrived here one-half minute after the drop fell — just 30 seconds too late to save the lives of the condemned men.

…

A scene of great excitement took place in the jail; but, although the condemned men had been hanging only a few minutes, there was no movement made toward cutting them down. The telegraph messenger reached the jail door before the drop fell; but no attention was paid to his knocking and ringing, the wife of one of the men having previously been extremely violent outside. When the drop fell the knocking and ringing continued, and the Sheriff sent out a man to arrest the persons whom he imagined to be creating a disturbance. It was then found to be the telegraph messenger with a reprieve. A brother of McDonnell, who had been kneeling by the scaffold, arose and excitedly charged the Sheriff and the bystanders with the murder of his brother. The excitement spread, and the Sheriff appealed to one of the priests, who exonerated him from blame. Amid this excitement and the reproaches of the maddened brother of McDonnell and the wailings of the bereaved families outside, the hanged men were forgotten, and their bodies remained suspended for 30 minutes after the drop fell. There is no reasonable doubt, however, that both were dead when the reprieve came.

It should be noted that the reprieve was not an outright commutation, only a stay of the sentence for a few more days. Nevertheless, the melodramatic affair led the Times to wax lyrical.

“The evil of this whole case,” it began, clearly not speaking from the point of view of McDonnell and Sharpe, “is that the gallows in Pennsylvania is invested with great uncertainty.”

[F]rom this time out the condemned man at the foot of the gallows may not only hope that a reprieve may arrive for him at any moment, but he may take off his thoughts from the certain doom before him and be agonized with the reflection that the boon which he waits for may come when his life has gone past recall. If a stay of proceedings is to be granted at all, it should be granted while the condemned man’s life may be said to keep the case open. It is a refinement of cruelty to keep hope alive and quivering at the foot of the gallows.

Also On This Date

• 2005: Nguyen Van Van

Minutes before he was to die this day last year, the lethal injection of Mississippi murderer Earl Wesley Berry was stayed by the Supreme Court — the signal that it had imposed a de facto moratorium on executions while it considered the constitutionality of lethal injection.

Condemned to die for kidnapping and beating to death Mary Bounds in 1987, Berry was your basic unappealing death row case with no particular issue either substantive or technical likely to help him out in the courts.

Luckily for Berry, the fundamental issue of whether whether the lethal injection regime used in Mississippi and in most of the United States was cruel and unusual punishment had reached the high court at just time time.

Also luckily, the phone lines were open: Berry got his reprieve with about 15 or 20 minutes to spare.

Berry’s stay finally clarified a few weeks of uncertainty that prevailed after the Court took last year’s lethal injection challenge, Baze v. Rees.

Could executions still go forward while lethal injection was under review? Would the holdup be limited to Kentucky, where the appeal originated? Was there any manner of case-by-case flexibility?

Berry was the bellwether. The execution-friendly Fifth Circuit Court let Berry’s scheduled date go ahead, making the hapless killer “the last best chance for prosecutors to restart executions this year [2007].”

But Earl Wesley Berry’s luck was only about seven months long: he was executed on May 21, 2008, the second prisoner put to death after the moratorium expired upon the Court’s rejection of Baze.

Also On This Date

• 1796: Lesurques, wrongly, and Couriol, rightly, for robbing the Lyons Mail

On this date one year ago, a teenager who saved himself with a flute cheated Iran’s hangman by the narrowest of margins.

Sina Paymard had had the hemp about his throat the previous fall for murdering — at the tender age of 16 — a drug dealer in a pot buy gone bad.

The bipolar young musician’s last request was to play the ney (a Persian flute), and in a feat fit for legend, he played so movingly that the family of the victim reprieved him.

This power under Islamic sharia law comes with a price: the reprieve bought time for the families to negotiate alternative financial compensation known as diyeh. Come July, the lad’s family was still $90,000 short, and he was shifted to Tehran’s Evin prison to do the whole thing over again.

Sina’s new execution date received worldwide attention:

… helping them scrape together enough from donors (”notably a substantial donation from a university lecturer”) to make good his escape.

Such are the vicissitudes of the Iranian judiciary that Paymard went from all but dancing on air twice to outright liberty: he’s a free man today, or was as of a few months ago.

Though things worked out for Sina Paymard, other juvenile offenders continue to face the ultimate sanction in Iran — virtually the last outpost of the practice on the globe. Earlier this month, StopChildExecutions.com detailed 138 Iranian prisoners condemned for crimes committed as children; Iran has executed at least two such prisoners this year.

Also On This Date

• 1865: Chief Ahan of the Tsilhqot’in

On this date in 1979, the putschist government of Ghana shot former military rulers Frederick William Kwasi Akuffo and Akwasi Amankwaa Afrifa along with four others at the Teshie Military Range for corruption.

Twenty-two years before, Ghana had become the first black sub-Saharan former colony to gain independence, but after a 1966 coup it had staggered through political and economic chaos. Six different men had been head of state in that span, three of them deposed by coups. By 1979, General Fred Akuffo’s government was the target of explosive anger.

Enter Flight Lieutenant Jerry Rawlings, who had actually failed in a coup attempt in May and was in line for execution himself before his mates toppled the government on June 4.

Seeking to stabilize the situation — and, Rawlings himself has said, riding the tiger of popular fury — the new government served up a few high-profile morsels on charges of pilfering the treasury in order to forestall a general slaughter of senior officers by the armed forces’ lower ranks.

There was no alternative. We had to contain it within the military so it didn’t spill into the civil front — if it had it would have been terrible.

We had no choice but to sacrifice the most senior ones — the commanders.

Another former head of state, Gen. Ignatius Kutu Acheamphong, had been shot earlier in the month; on this date, Akuffo and Gen. Akwasi Afrifa, one of the original 1966 plotters who had ruled Ghana in 1969-70, followed him. Afrifa, ironically, had written to Acheamphong worrying that political upheaval and military discipline could find them … well, where it eventually found them:

I feel greatly disturbed about the future after the government … In order to discourage the military from staging coups in the future, how about if they line all of us up and shot us one by one? I do not certainly want to be arrested, given some sort of trial and shot.

All these shootings had an unseemly character of haste and summary justice; charges against the four senior ministers* shot along with the former rulers have struck an especially sour note. Rawlings has claimed that he only wanted the two former heads of state shot and tried unsuccessfully to stop the other four executions.

I attempted to prevent it and sent an officer but the firing squad shot the officers before their commander could give the order … you must understand our country was in a state of rage then, not different from what Russia was when it had its revolution.

…

I was a partial hostage to that situation. I had no force. The authority that I enjoyed was my moral authority with the people. Their action (the execution of the senior officers by the boys) was to curtail the anger of the nation.

Rawlings would hand power over to a civilian government, which he then overthrew again in 1981 — looking like this:

He would run Ghana for the next two decades, the last eight years after winning elections. Rawlings’ legacy is much up for debate, but to many he cuts the figure of a benevolent dictator (how many former strongmen have fan pages?) whose human rights abuses were mild in the scheme of things and helped usher in a relatively prosperous and democratic Ghana that stands a very far cry from the country he took over in 1979.

Rawlings himself has graduated to a sort of global elder statesman — for instance, he recently called for fair elections in Zimbabwe. And he has not been hesitant to justify his political actions, as in this interesting BBC interview from 2005 — in which, pressed on the executions of the former state ministers, he concedes:

There were some of them who probably deserved it. Pardon me for putting it that way. There were some of them who did not — very brilliant, beautiful officers. But we had no choice but to make that sacrifice.

The bodies of all the officers executed in June of 1979 were exhumed for “fitting burial” under Rawlings’ successor in 2001.

* One of the aides held the Ghanaian high jump record at the time of his death, a mark not surpassed until 1996.

Also On This Date

• 1574: Gabriel de Lorges, accidental regicide

On January 7, 1965, 23-year-old Robert Lee Massie shot and killed Mildred Weiss during a botched robbery near her home. He pleaded guilty and, sentenced to die by the state of California, came within 16 hours of execution in 1967, when then-Governor Ronald Reagan temporarily halted his execution so that he could testify at the trial of his alleged co-conspirator. By this time, Massie had begun complaining to anybody who would listen about the conditions on death row, and greeting the prospect of an execution date as a welcome deliverance, was dubbed “the prisoner who wants to die” by the press.

However, Reagan’s reprieve bought him just enough time to live to see a California Supreme Court decision temporarily halting executions, which was followed by the US Supreme Court Furman v. Georgia decision of 1972 banning the death penalty as then being enforced as unconstitutionally arbitrary and capricious.

With Furman, death rows across the country were summarily cleared, and Massie, a model prisoner, was paroled for good behavior in 1978. By this time, the US Supreme Court had handed down the Gregg v. Georgia decision holding that states had revised their death penalty statutes sufficiently to allow executions to resume.

Only months after his release, Massie killed Boris Naumoff in his liquor store and wounded a clerk in another botched robbery. Again pleading guilty, this time over the objections of his court-appointed lawyer, Massie was again sentenced to die.

As before, Massie welcomed his sentence and, acting on a own novel interpretation of the Sixth Amendment guarantee of self-representation, argued that he had a constitutional right to bypass the appeals process usually automatic in capital cases and that there “is no meaningful difference between forcing an automatic appeal upon a defendant and forcing unwanted counsel upon him.” The appeals court disagreed, ruling that “while a litigant may waive the advantage of a law intended solely for his benefit, he may not waive a law established for a public reason.”

Appeals in capital cases were never intended to allow the prisoner to “choose his own sentence,” the Court wrote, and were in fact in place for just such a reason of ensuring full investigation into the “real issue [of] the propriety of allowing the state to conduct an illegal execution of a citizen.” The state was obliged to proceed with Massie’s appeals against his stated wishes, a charge unique to capital cases, because of the singular obligations imposed by the death sentence on the legal machinery of the state — and in fact imposed by the Furman and Gregg decisions that years earlier had ushered Massie unwillingly off death row.

His appeals continuing against his wishes, Massie’s conviction was ultimately overturned in a 1985 California Supreme Court decision holding that the sentence was invalid because his lawyer had not consented to the guilty plea.

Convicted again in a retrial in 1989, Massie was, once again, sentenced to death. Though he was briefly heartened enough to pursue appeals in earnest, those, too, foundered; increasingly convinced that corrupt judges were violating their oath to uphold the Constitution and greasing the machinery of death, he determined once again to pursue his own death.

As his appeals ran out, lawyers and advocates of all stripes stepped in to try to prevent Massie’s execution. A lifetime of abuse in foster care and juvenile detention centers and evidence of clinical depression and mental disorder were all presented at the last minute in a last-ditch attempt to save a man who didn’t want saving.

All were denied, and Robert Lee Massie was executed at the age of 59 on March 27, 2001. He was just the ninth prisoner executed in California in the post-Furman era and the 703rd nationwide.

Massie is one of a growing trend of death row volunteers, prisoners who voluntarily seek to run through their appeals and bring their lives on death row to an end. His frequent visitor in his last years in prison and “next friend,” Michael Kroll,* writes:

My friend, Bob Massie, maneuvered the state of California into assisting in his suicide. He had his own lawyer doing the dance of death with the attorney general and managed to avoid being declared incompetent.

And in the words of a relative of one of Massie’s victims:

I know he wants to die. It makes me think, if he wants out of the suffering, well, maybe we shouldn’t be killing him. Maybe he should just be left there to suffer.

Tossed hither and yon with the shifting legal tides of death penalty law spanning eight presidential administrations, Massie had to aid his executioners to the very last breath: when finally strapped to a gurney 36 years since that young man had murdered Mildred Weiss, he obligingly flexed his arm to help the technician find a suitable vein.

* Kroll tried to prevent Massie’s execution on the grounds that he was mentally ill, incurring his friend’s wrath.

Also On This Date

• 1836: Goliad Massacre

On this date in 1838, in The Count of Monte Cristo, the title character witnesses two men brought to the scaffold for public execution in Rome.

In Alexandre Dumas‘ classic, the count is really Edmond Dantes, wrongly imprisoned years before, who has escaped and enriched himself with a discovered treasure, purchasing thereafter his ennoblement. This date’s execution occurs shortly after Dantes has surfaced publicly as the count. He witnesses it with two young friends — goading one of the reluctant youths by remarking, “when you travel, it is to see everything. Think what a figure you will make when you are asked, ‘How do they execute at Rome?’ and you reply, ‘I do not know’!” — and the naked brutality with which the Count greets a scene horrifying to his more genteel companions prefigures the pitiless revenge he will soon visit on his onetime persecutors.

The scene is laid on the first day of Carnival — the concealed identities among the crowd and the tension between its celebratory state of mind and the public butchery played out before it both serving the novel’s themes.

The prisoners are: a murderer, executed by the unique (and error-prone) Roman method of mazzolatura, in which the prisoner is incapacitated with a blow from a mallet before being finished off with a knife; and, a young man wrongly condemned to the guillotine for banditry, who will be reprieved thanks to the protagonist’s intervention further to the latter’s designs of vengeance.

It was the first time Franz had ever seen a guillotine, — we say guillotine, because the Roman mandaia is formed on almost the same model as the French instrument. The knife, which is shaped like a crescent, that cuts with the convex side, falls from a less height, and that is all the difference. Two men, seated on the movable plank on which the victim is laid, were eating their breakfasts, while waiting for the criminal. Their repast consisted apparently of bread and sausages. One of them lifted the plank, took out a flask of wine, drank some, and then passed it to his companion. These two men were the executioner’s assistants. At this sight Franz felt the perspiration start forth upon his brow. The prisoners, transported the previous evening from the Carcere Nuovo to the little church of Santa Maria del Popolo, had passed the night, each accompanied by two priests, in a chapel closed by a grating, before which were two sentinels, who were relieved at intervals. A double line of carbineers, placed on each side of the door of the church, reached to the scaffold, and formed a circle around it, leaving a path about ten feet wide, and around the guillotine a space of nearly a hundred feet. All the rest of the square was paved with heads. Many women held their infants on their shoulders, and thus the children had the best view. The Monte Pincio seemed a vast amphitheatre filled with spectators; the balconies of the two churches at the corner of the Via del Babuino and the Via di Ripetta were crammed; the steps even seemed a parti-colored sea, that was impelled towards the portico; every niche in the wall held its living statue. What the count said was true — the most curious spectacle in life is that of death. And yet, instead of the silence and the solemnity demanded by the occasion, laughter and jests arose from the crowd. It was evident that the execution was, in the eyes of the people, only the commencement of the Carnival. Suddenly the tumult ceased, as if by magic, and the doors of the church opened. A brotherhood of penitents, clothed from head to foot in robes of gray sackcloth, with holes for the eyes, and holding in their hands lighted tapers, appeared first; the chief marched at the head. Behind the penitents came a man of vast stature and proportions. He was naked, with the exception of cloth drawers at the left side of which hung a large knife in a sheath, and he bore on his right shoulder a heavy iron sledge-hammer. This man was the executioner. He had, moreover, sandals bound on his feet by cords. Behind the executioner came, in the order in which they were to die, first Peppino and then Andrea. Each was accompanied by two priests. Neither had his eyes bandaged. Peppino walked with a firm step, doubtless aware of what awaited him. [i.e., a pardon] Andrea was supported by two priests. Each of them, from time to time, kissed the crucifix a confessor held out to them. At this sight alone Franz felt his legs tremble under him. He looked at Albert — he was as white as his shirt, and mechanically cast away his cigar, although he had not half smoked it. The count alone seemed unmoved — nay, more, a slight color seemed striving to rise in his pale cheeks. His nostrils dilated like those of a wild beast that scents its prey, and his lips, half opened, disclosed his white teeth, small and sharp like those of a jackal. And yet his features wore an expression of smiling tenderness, such as Franz had never before witnessed in them; his black eyes especially were full of kindness and pity. However, the two culprits advanced, and as they approached their faces became visible. Peppino was a handsome young man of four or five and twenty, bronzed by the sun; he carried his head erect, and seemed on the watch to see on which side his liberator would appear. Andrea was short and fat; his visage, marked with brutal cruelty, did not indicate age; he might be thirty. In prison he had suffered his beard to grow; his head fell on his shoulder, his legs bent beneath him, and his movements were apparently automatic and unconscious.

“I thought,” said Franz to the count, “that you told me there would be but one execution.”

“I told you true,” replied he coldly.

“And yet here are two culprits.”

“Yes; but only one of these two is about to die; the other has many years to live.”

“If the pardon is to come, there is no time to lose.”

“And see, here it is,” said the count. At the moment when Peppino reached the foot of the mandaia, a priest arrived in some haste, forced his way through the soldiers, and, advancing to the chief of the brotherhood, gave him a folded paper. The piercing eye of Peppino had noticed all. The chief took the paper, unfolded it, and, raising his hand, “Heaven be praised, and his holiness also,” said he in a loud voice; “here is a pardon for one of the prisoners!”

“A pardon!” cried the people with one voice — “a pardon!” At this cry Andrea raised his head. “Pardon for whom?” cried he.

Peppino remained breathless. “A pardon for Peppino, called Rocca Priori,” said the principal friar. And he passed the paper to the officer commanding the carbineers, who read and returned it to him.

“For Peppino!” cried Andrea, who seemed roused from the torpor in which he had been plunged. “Why for him and not for me? We ought to die together. I was promised he should die with me. You have no right to put me to death alone. I will not die alone — I will not!” And he broke from the priests struggling and raving like a wild beast, and striving desperately to break the cords that bound his hands. The executioner made a sign, and his two assistants leaped from the scaffold and seized him. “What is going on?” asked Franz of the count; for, as all the talk was in the Roman dialect, he had not perfectly understood it. “Do you not see?” returned the count, “that this human creature who is about to die is furious that his fellow-sufferer does not perish with him? and, were he able, he would rather tear him to pieces with his teeth and nails than let him enjoy the life he himself is about to be deprived of. Oh, man, man — race of crocodiles,” cried the count, extending his clinched hands towards the crowd, “how well do I recognize you there, and that at all times you are worthy of yourselves!” Meanwhile Andrea and the two executioners were struggling on the ground, and he kept exclaiming, “He ought to die! — he shall die! — I will not die alone!”

“Look, look,” cried the count, seizing the young men’s hands — “look, for on my soul it is curious. Here is a man who had resigned himself to his fate, who was going to the scaffold to die — like a coward, it is true, but he was about to die without resistance. Do you know what gave him strength? — do you know what consoled him? It was, that another partook of his punishment — that another partook of his anguish — that another was to die before him. Lead two sheep to the butcher’s, two oxen to the slaughterhouse, and make one of them understand that his companion will not die; the sheep will bleat for pleasure, the ox will bellow with joy. But man — man, whom God created in his own image — man, upon whom God has laid his first, his sole commandment, to love his neighbor — man, to whom God has given a voice to express his thoughts — what is his first cry when he hears his fellow-man is saved? A blasphemy. Honor to man, this masterpiece of nature, this king of the creation!” And the count burst into a laugh; a terrible laugh, that showed he must have suffered horribly to be able thus to laugh. However, the struggle still continued, and it was dreadful to witness. The people all took part against Andrea, and twenty thousand voices cried, “Put him to death! put him to death!” Franz sprang back, but the count seized his arm, and held him before the window. “What are you doing?” said he. “Do you pity him? If you heard the cry of `Mad dog!’ you would take your gun — you would unhesitatingly shoot the poor beast, who, after all, was only guilty of having been bitten by another dog. And yet you pity a man who, without being bitten by one of his race, has yet murdered his benefactor; and who, now unable to kill any one, because his hands are bound, wishes to see his companion in captivity perish. No, no — look, look!”

The command was needless. Franz was fascinated by the horrible spectacle. The two assistants had borne Andrea to the scaffold, and there, in spite of his struggles, his bites, and his cries, had forced him to his knees. During this time the executioner had raised his mace, and signed to them to get out of the way; the criminal strove to rise, but, ere he had time, the mace fell on his left temple. A dull and heavy sound was heard, and the man dropped like an ox on his face, and then turned over on his back. The executioner let fall his mace, drew his knife, and with one stroke opened his throat, and mounting on his stomach, stamped violently on it with his feet. At every stroke a jet of blood sprang from the wound.

This time Franz could contain himself no longer, but sank, half fainting, into a seat. Albert, with his eyes closed, was standing grasping the window-curtains. The count was erect and triumphant, like the Avenging Angel!

The Count of Monte Cristo is available free at Project Gutenberg. This day’s scene occurs in chapter 35. (An announcement in chapter 34 establishes the date.)

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