The killing was adjudicated the very next day within the Brule community, at a council where the killer and the survivors of his victim agreed together on the appropriate compensation, and paid up.* But the U.S. Indian agent on the scene also arrested Crow Dog a few days later, and had him tried for murder in a non-Indian court in the the frontier town of Deadwood.
Condemned to death early in 1882, Crow Dog had various appeals, respites, and delaying actions that stretched the case out for nearly two years until the U.S. Supreme Court at last stepped in ahead of a scheduled January 14, 1884 execution to adjudicate the question of whether a murder within a tribe, on that tribe’s own reservation, was within the proper jurisdiction of non-Indian courts like the one that tried Crow Dog. Its Ex parte Crow Dog resoundingly answered in the negative, a milestone in the legal framework around Indian sovereignty in the U.S. To execute Crow Dog under the white court’s verdict, the justices ruled, would require Anglo law to be
extended over aliens and strangers; over the members of a community, separated by race, by tradition, by the instincts of a free though savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code, and to subject them to the responsibilities of civil conduct, according to rules and penalties of which they could have no previous warning; which judges them by a standard made by others, and not for them, which takes no account of the conditions which should except them from its exactions, and makes no allowance for their inability to understand it. It tries them not by their peers, nor by the customs of their people, nor the law of their land, but by superiors of a different race, according to the law of a social state of which they have an imperfect conception and which is opposed to the traditions of their history, to the habits of their lives, to the strongest prejudices of their savage nature; one which measures the red man’s revenge by the maxims of the white man’s morality.
The legal doctrine at work here holds that although conquered, native tribes still possess internal sovereignty. And with Ex parte Crow Dog it became clear and settled American jurisprudence that one attribute of that remaining sovereignty was plenary — that is, absolute — power over purely internal affairs.
At least, for a year.
White America was discomfited by the abrogation of its morality-maxims over the revengeful red man, and the situation invited moral panic around any malfeasance in Indian country. The Washington D.C. Evening Star would complain months later (June 5, 1884) that Ex parte Crow Dog “has had the effect of creating the idea among the Indians that there is no law to punish an Indian for a crime committed on a reservation.” And the Supreme Court itself had slyly noted that it was obliged to make such rulings absent “a clear expression of the intention of Congress” to take a bite out of Indian sovereignty — an intent “that we have not been able to find.”
So in 1885, the U.S. Congress decided to express that intent and voted the Major Crimes Act placing Indians under federal, not tribal, jurisdiction for seven major types of crimes — including, of course, murder. “We all feel that an Indian, when he commits a crime, should be recognized as a criminal,” Michigan Congressman Byron Cutcheon urged on the legislation’s behalf. “It is an infamy upon our civilization, a disgrace to this nation, that there should be anywhere within its boundaries a body of people who can, with absolute impunity, commit the crime of murder, there being no tribunal before which they can be brought for punishment.”
This briefest interim between Ex parte Crow Dog and the Major Crimes Act was in a sense the high water mark for tribal sovereignty. Following the Major Crimes bill, white politicians began almost systematically reaching onto the reservations to legislate, picking away at tribal sovereignty until another much more infamous case, Lone Wolf v. Hitchcock, disastrously declared that plenary power now resided in Congress.
Their deaths were the consequence of the near-miss bid to bring down Morocco’s King Hassan II by bringing down his airplane, a plot to which Lt. Col. Mohamed Amekrane, the commander of the air base that launched fighters against the king’s convoy, was utterly pivotal. It’s no surprise that he’d be in the way of the royal revenge domestically after this incident; more surprising and controversial was the role the British would play in dooming the man.
As he discovered that the king’s passenger plane had somehow escaped the predations of his F-5s, Amekrane (it’s also sometimes spelled Amokrane) alertly requisitioned a helicopter and fled with another officer to British soil at nearby Gibraltar, where they requested asylum on Aug. 16.
This put Westminster in an awkward situation: repatriate the men to sure execution, or give refuge to the would-be assassins of a friendly head of state.* Still more was it a procedural twilight, where the power of bureaucratic discretion prevailed by declaring the form of the law in ambiguous circumstances.
After a flurry of consultations “at ministerial level” that also weighed “the possibility of repercussions with other governments,” (London Times, Aug. 18, 1972) the Heath government classified the fugitives as refugee illegal aliens and repatriated them within days, lamely explaining that Gibraltar, a small place, didn’t have much room for asylum claimants. And once they were fitted with the “illegal alien” hat it was simple: “they were returned to Morocco because that was the place from which they came.” (the Times, Aug. 19) Application, rejection, and deportation all took place within a mere 15 hours, purposefully too fast for anyone to get wind of what was happening or to mobilize resources in support of the Moroccans.
London’s legal chicanery drew a discomfited response from some other elites as well as members of the public or at least those with a propensity towards letters to the editor in the early 1970s. Parliamentarian Ivor Richard fumed that “there was surely no necessity in international law or in humanity deliberately to have sent them back to what appears to be their deaths.”
The Times would editorialize in that same Aug. 19, 1972 edition against the “haste and informality in the procedure which contradict Britain’s long tradition of care in such cases” — noting the irony that
the absence of an extradition treaty [might have been thought] would make it more difficult for the Moroccan authorities to reach out to fugitive offenders on British soil. In fact it has made it easier for them … because of British ministers’ willingness to use the power to deport aliens whose presence is judged undesirable in such a way as to achieve the result of extradition. And the exercise of that power is not subject to the same safeguards.
Amekrane had no safeguards at all once he was back in Moroccan hands. That November, he was condemned to die along with his companion on the Gibraltar caper Lt. Lyazid Midoaui, plus nine other members of the Moroccan Air Force complicit in the coup attempt; the whole batch was executed together on this date at a prison in Kenitra.
But in Britain his case outlived the fusillade. For the overhasty asylum refusal, Amekrane’s widow filed suit against the UK in a European Commission of Human Rights court, eventually winning a £37,500 settlement.
* The relations between the states in question went beyond mere chumminess: Franco’s Spain was maintaining a blockade against Gibraltar, in consequence of which the imperial outpost was heavily supplied by and from Morocco. The men’s lives were sold, so critics carped, for “lettuces.”
A figure nearly forgotten outside of Poland and not well-known within, Jaros is mostly written about in Polish as the links in this post will attest. His affair was quietly handled at the time, and that has sufficed to consign him to obscurity even in the post-Communist Poland.
On December 3, 1961, with the First Secretary in the mining town of Zagorze for a St. Barbara’s Day coal mine ribbon-cutter, Jaros set off a homemade bomb concealed in a roadside pole or tree. Gomulka’s motorcade had already passed the spot, but the blast mortally injured one adult bystander, and wounded a child.
A rigorous police investigation captured him, and soon determined that Jaros had been bombing away in merry anonymity for many years — including a 1959 device placed to target Gomulka and visiting Soviet leader Nikita Khrushchev, which had failed to detonate. (That incident had been discovered, but hushed up to avoid antagonizing Moscow.)
Jaros professed an inchoate ideological motivation in the form of bitterness against the state police after he’d been brutalized when caught stealing bullets from a factory in the postwar years, but it is difficult to tell where principled anticommunism ends and pyromania begins.
After his release from prison, he returned to live with his mother, never marrying or holding steady employment. His occasional hobby was sabotaging state economic assets with his home-brew explosives. No person was ever injured by one of his mines until the second Gomulka bomb, but he did acknowledge that he certainly was trying to kill the head of state — inspired, he said, by reading about the plots to kill Hitler.
Come close and see her and hearken. This is she.
Stop the ways fast against the stench that nips
Your nostril as it nears her. Lo, the lips
That between prayer and prayer find time to be
Poisonous, the hands holding a cup and key,
Key of deep hell, cup whence blood reeks and drips;
The loose lewd limbs, the reeling hingeless hips,
The scurf that is not skin but leprosy.
This haggard harlot grey of face and green
With the old hand’s cunning mixes her new priest
The cup she mixed her Nero, stirred and spiced.
She lisps of Mary and Jesus Nazarene
With a tongue tuned, and head that bends to the east,
Praying. There are who say she is bride of Christ.
According to Suetonius and Tacitus, Locusta was fished out of the dungeons in the year 55 for use by the young Nero, the stepson of the emperor Claudius, to murder Claudius’s natural brother Britannicus and assure Nero uncontested power. (There’s some speculation that she might have offed Claudius, too.)
[Nero] meditated a secret device and directed poison to be prepared through the agency of Julius Pollio, tribune of one of the praetorian cohorts, who had in his custody a woman under sentence for poisoning, Locusta by name, with a vast reputation for crime. That every one about the person of Britannicus should care nothing for right or honour, had long ago been provided for. He actually received his first dose of poison from his tutors and passed it off his bowels, as it was rather weak or so qualified as not at once to prove deadly. But Nero, impatient at such slow progress in crime, threatened the tribune and ordered the poisoner to execution for prolonging his anxiety while they were thinking of the popular talk and planning their own defence. Then they promised that death should be as sudden as if it were the hurried work of the dagger, and a rapid poison of previously tested ingredients was prepared close to the emperor’s chamber.
Locusta and Nero test their new and improved poison on a slave before administering it to Britannicus, by Joseph Noël Sylvestre c. 1875
It was customary for the imperial princes to sit during their meals with other nobles of the same age, in the sight of their kinsfolk, at a table of their own, furnished somewhat frugally. There Britannicus was dining, and as what he ate and drank was always tested by the taste of a select attendant, the following device was contrived, that the usage might not be dropped or the crime betrayed by the death of both prince and attendant. A cup as yet harmless, but extremely hot and already tasted, was handed to Britannicus; then, on his refusing it because of its warmth, poison was poured in with some cold water, and this so penetrated his entire frame that he lost alike voice and breath. There was a stir among the company; some, taken by surprise, ran hither and thither, while those whose discernment was keener, remained motionless, with their eyes fixed on Nero, who, as he still reclined in seeming unconsciousness, said that this was a common occurrence, from a periodical epilepsy, with which Britannicus had been afflicted from his earliest infancy, and that his sight and senses would gradually return. As for Agrippina [Nero’s mother, later murdered by the monster -ed.], her terror and confusion, though her countenance struggled to hide it, so visibly appeared, that she was clearly just as ignorant as was Octavia, Britannicus’s own sister [and Nero’s wife … also later murdered by Nero -ed.]. She saw, in fact, that she was robbed of her only remaining refuge, and that here was a precedent for parricide. Even Octavia, notwithstanding her youthful inexperience, had learnt to hide her grief, her affection, and indeed every emotion.
And so after a brief pause the company resumed its mirth. One and the same night witnessed Britannicus’s death and funeral, preparations having been already made for his obsequies, which were on a humble scale. He was however buried in the Campus Martius, amid storms so violent, that in the popular belief they portended the wrath of heaven …
The family horror of the Julio-Claudians was the career breakthrough for Locusta, whom Nero rewarded “for her eminent services with a full pardon and large estates in the country, and actually sent her pupils.” (Suetonius)
One presumes (although the ancient historians are not so kind as to share her accounts with posterity) that her baneful academy proceeded to do a roaring business for the balance of Nero’s 14-year reign, for she resurfaces in the narrative at the very end of it — as the desperate Nero’s supplier for a suicide draught when he was fleeing the Senate’s proscription.
Nero ended up doing the deed with a blade, not the poison. His dour and forgettable successor, Galba, enjoyed only the briefest ascendancy before he too was done to death on January 15 of the year 69 — but he made sure to use that interval to destroy Nero’s most hated henchmen, Locusta included. (Sans giraffe.)
In the case, however, of Helius, Narcissus, Patrobius, Lucusta, the sorceress, and others of the scum that had come to the surface in Nero’s day, he ordered them to be led in chains throughout the whole city and then to be executed. (Cassius Dio)
On this date in 1594, Catholic militant Jean Châtel was dismembered for the near-assassination of King Henri IV.
Just two days before his public butchery, the 19-year-old clothier’s son (English Wikipedia entry | French) had milled about in a crowd awaiting the Huguenot* king’s return from Picardy. As Henri entered the Hotel de Bouchage and bent over to accept the obeisance of two courtiers, Châtel sprang out of the crowd and daggered him. The blade cut Henri’s lip — a glancing blow just a few degrees distant from a history-altering one.
Châtel would cite Jesuitical inspiration, and when his instructors’ quarters were searched they yielded seditious exhortations against Protestant princes. One Guignard, who had authored the most inflammatory tracts (e.g., regretting that Henri had not been slain at the St. Bartholomew’s Day massacre), was put to death on January 7; the rest of the order was expelled from Paris — as was Châtel’s family, whose home was razed and replaced with a monument against religious fanaticism.
The pyramid memorial was replaced by a succession of fountains, of which the most recent is the present-day Fontaine Cuvier.
It was of course far too much to hope that this scolding plinth could bring down the dangerous sectarian temperatures raised by a half-century of civil war. In his time Henri IV evaded numerous — some 20 or more — attempts on his life, before a different Catholic enragee, one Francois Ravaillac, successfully murdered him in 1610.
* The threat of pedantry in the comments section obliges us to allow that Henri nominally converted to Catholicism in order to take the throne and end the Wars of Religion — the occasion on which he was purported to murmur that (staunchly Catholic) Paris is worth a Mass.
On this date in 1683 the English politician and philosopher Algernon Sidney (or Sydney) was beheaded to uphold (so he conceived it) “the common rights of mankind, the laws of this land, and the true Protestant religion, against corrupt principles, arbitrary power, and Popery.”
He was one of the 17th century’s great philosophers of republicanism, and his Discourses Concerning Government was more influential in his lifetime than the work of his contemporary (and fellow-Whig*) John Locke.
Although the pen might be mightier than the sword, Sydney himself did not eschew the more literal form of combat and entered a triumphant battlefield for the Roundheads at Marston Moor. But despite penning a strong defense of assassinating despots,** Sidney’s disapproval of the proceedings against King Charles I — a trial at which Sidney, now a parliamentarian, sat as a commissioner — kept him free of the whiff of regicide.
The Republic that prevailed after King Charles’s scaffold, and in which he continued as an MP, was the closest thing Sidney would experience to the political order his writings expounded. When Parliament was forcibly disbanded in 1653 to give over to Cromwell’s rule, Sidney (like his friend and mentor Henry Vane) would not quit the legislature until General Harrison physically seized him. He sorely provoked the interregnum state thereafter by staging a pointed performance of that tyrannicidal play, Julius Caesar … starring himself as Brutus.
Away on the continent when the monarchy was restored in 1660, Sidney would not lay eyes on native soil again until 1677, when he secured a royal mulligan that also spared him the fruits of various plots he had cogitated while in exile to re-depose the Stuarts with the aid of France or the Netherlands. But he returned as one of the leading men of a Whig faction that increasingly courted the ire of the crown and from whose machinations the arch-republican was in no way dissuaded.
Sidney’s prosecution as a party to the Rye House Plot to murder King Charles II helped to earn the new Lord Chief Justice George Jeffreys his reputation as a notorious hanging judge: promoted to the post weeks earlier as a reward for his prosecution of Sidney’s alleged conspirator Lord Russell, Jeffreys stacked the trial against the defendant leading Sidney to issue from the scaffold a lengthy disquisition on the iniquities of the court. (Notably, Jeffreys circumvented a standard requiring two witnesses to prove treason by ruling that Jeffreys’ own writings made their author a “second witness”.)
* Locke had no appetite for the noble martyrdom act pulled by the likes of Sidney and Lord Russell. He fled to the Netherlands during the Rye House Plot crackdown, only returning to England with the Glorious Revolution.
Honour and riches are justly heaped upon the heads of those who rightly perform their duty [of tyrannicide], because the difficulty as well as the excellency of the work is great. It requires courage, experience, industry, fidelity, and wisdom. “The good shepherd,” says our Saviour, “lays down his life for his sheep.” The hireling, who flies in time of danger, is represented under an ill character; but he that sets himself to destroy his flock, is a wolf. His authority is incompatible with their subsistence. And whoever disapproves tumults, seditions, or war, by which he may be removed from it, if gentler means are ineffectual, subverts the foundation of all law, exalts the fury of one man to the destruction of a nation, and giving an irresistible power to the most abominable iniquity, exposes all that are good to be destroyed, and virtue to be utterly extinguished.
After a (different) failed kidnapping, Cheung ducked into mainland China to lay low for a spell; he was arrested there in early 1998, months after his Hong Kong stomping-grounds had been transferred to Chinese sovereignty.
Although the man’s guilt was not merely plain but legend, his case was a controversial one when it became an early bellwether for Hong Kong’s judicial independence. Cheung was put on trial for his Hong Kong robbery and kidnapping spree not in Hong Kong but in Guangzhou, the neighboring mainland city — seemingly in order to subject him China’s harsher criminal justice system. (Among other differences, Hong Kong does not have the death penalty.)
“A crime — that of kidnapping certain Hong Kong tycoons — allegedly committed in Hong Kong by some Hong Kong residents [was] tried in the Guangzhou court,” one prominent Hong Kong lawyer explained. “Is it surprising that Hong Kong people are alarmed and ask how is this permissible?”
But if possession is nine-tenths of the law, the Guangzhou authorities had all the permission they could need — the criminal’s own person.
On this date in 1678, Catholic courtier Edward Col(e)man was hanged, drawn and quartered at Tyburn — the second victim of Titus Oates’s “Popish Plot” concotion.
Colman was a Catholic convert whose zeal for the old faith led him into a variety of treacherous intrigues with the French court — although Colman’s eager and fruitless offices more annoyed than profited his allies.
His behavior was sufficiently indiscreet that fabulist Titus Oates had Colman queued up by name* as a Catholic plotter in the first round of 1678 Catholic terrorism allegations that would roil the realm for the next three years.
That indiscretion was very real, however, and extended to a careless presumption of his own safety. He seems to have been tipped to his danger by the judge who first took Oates’s evidence, a friend named Sir Edmund Godfrey, but he failed to use this advance intelligence to destroy his own correspondence. Godfrey in his own turn went on to a starring role in the Popish Plot debacle when he turned up murdered in October of 1678, a crime whose immediate attribution to the Catholic conspiracy that Oates had unfolded for him sent England clear round the bend.**
Colman’s case had already begun and half-fizzled by that point but with the apparent assassination of the judge a cry for his own blood now shook Parliament — “Colman’s letters!” alluding to that correspondence he surely wished he had burned: its volumes unfolded intelligence leaks, offers to exert French influence in the government even so far as dissolving Parliament, and applications for King Louis’s gold.
There are some incriminating examples in the trial transcript that, Lord Chief Justice William Scroggs charged, show “That your Design was to bring in Popery into England, and to promote the interest of the French King in this place, for which you hoped to have a Pension.” While Oates was a legendary perjurer and his fables destined to take the lives of 20-odd innocent souls in the months to come, the fact was that Colman really was caught out. His scheming ought not have merited such spectacular punishment under less extraordinary circumstances, but the things Colman really did do made it easy for Oates to position him as a paymaster in the fictitious regicidal conspiracy. “Mr. Colman, your own papers are enough to condemn you,” Scroggs said when his prisoner asserted innocence.
Nor could he protect himself with position. (Men even higher than Colman would succumb to the panic in time.) As detestably elevated as Colman looked to the average commoner, he was not himself a lord and was already (pre-Oates) regarded by King Charles II and many members of the court as a loose cannon. Everything pointed to sacrificing him … and they did. But as events would prove, the popular rage was not quenched on Colman’s bones alone.
* By name — not by face: Oates would be embarrassed at Colman’s eventual trial by the prisoner pointing out that Oates, who now claimed to have been personally paid out by Colman for various seditious errands, had utterly failed to recognize his “conspirator” when Oates appeared before the Privy Council to lay his charges in September.
** Godfrey’s murder has never been satisfactorily explained. There’s a good chance that it was a wholly unrelated affair with amazing bad timing; the revenge of the truculent Earl of Pembroke, whom Godfrey had prosecuted for murder a few months previous, is one leading possibility.
For murdering German Enlightenment intellectual Johann Joachim Winckelmann, Habsburg Trieste on this date in 1768 inflicted a breaking-wheel execution straight out of antiquity.
A Saxon cobbler’s son, Winckelmann (German Wikipedia link) showed academic aptitude from youth and spent his twenties reading theology and medicine at the Universities of Halle and of Jena while he tutored to pay the bills. This scuffling scholar got his big break when his gifts were noticed by the visiting papal nuncio, who recruited him to court service in Rome on condition of his conversion to Catholicism — a spiritual epiphany which dovetailed perfectly with his growing interest in art and drew him to Italy. (pdf)
Winckelmann traveled and read widely in Italy. He was a great admirer of the restrained classical Grecian aesthetic whose celebrated exemplars were being unearthed throughout the Mediterranean world;* some papers he wrote during the 1760s are regarded as seminal documents in the study of art history and of archaeology, and he in turn became a celebrity intellectual sought-after in the salons of visiting art-fanciers.
Having begun so mean and climbed so very high, Winckelmann was set up for golden years savoring the view from the pinnacle — but he was never destined to receive them.
Taking ill on a trip with friend and fellow classicist Bartolomeo Cavaceppi in 1768, Winckelmann tapped out and returned alone to Trieste where he shared a room at a seaside hotel** with a chance acquaintance of the road: our post’s subject, Francesco Arcangeli. (German Wikipedia again)
Arcangeli, it turned out, was a thief who had already been expelled from Vienna and now compounded his villainy by throttling and stabbing Winckelmann. Though the wounds were mortal, Winckelmann lived on for several hours in full command of his senses, evenly providing every bit of information that would be needed to avenge his murder. The self-evident inference of robbery forms Arcangeli’s accepted motive, but alternative hypotheses have attracted attention over the years: in particular, Winckelmann is thought to have been homosexual, so it’s possible their shared lodging was really an assignation that went very bad; more exotic is the idea that Winckelmann was intentionally assassinated further to some inscrutable plot among Vatican rivals or art cognoscenti.
A Winckelmann Society in the man’s hometown of Stendal, Germany maintains its native son’s scholarly focus on classical antiquity. Readers of German might also appreciate Goethe’s essay on the man.
On this date* in 1378, Jacques de Rue and Pierre du Tertre, aides to King Charles II of Navarre, were beheaded at Les Halles.
Both men were casualties of their deviousmaster’s most recent betrayals, part of a career that had honed the double game to nearly sadistic precision.
Navarre spent the latter half of the 14th century fouling up alignments in the Hundred Years’ War by constantly switching his allegiances between England and France. Come the 1370s, he was supposed to be on team France — having paid homage to the French king in 1371 — but was still conniving with the English whose expeditions might one day apply enough pressure to force France to restore him some lost domains.
The last great plot of the man contemporaries knew as Charles the Bad really fell apart in the spring of 1378 when the French detained en route to Normandy Jacques de Rue and Pierre du Tertre, two emissaries of Charles’s “criminal entourage”. They carried coded messages** confirming that Navarre was not only back to scheming with the English, but that he was trying to orchestrate the assassination of the French king by means of poison — plots that Jacques confirmed under torture.
France retaliated by attacking its disloyal partner’s Norman holdings and by year’s end the whole region had been chopped up between the French and the English, never to return to Navarrese hands. His retainers were put to death and their corpses strung up on Montfaucon.
This was the humiliating end to the political life of Charles the Bad: reduced to a client king dominated by France (to his north) and Castile (to his south). It would soon find its parallel in the horror ending of his actual life on New Year’s Day 1387:
Charles the Bad, having fallen into such a state of decay that he could not make use of his limbs, consulted his physician, who ordered him to be wrapped up from head to foot, in a linen cloth impregnated with brandy, so that he might be inclosed in it to the very neck as in a sack. It was night when this remedy was administered. One of the female attendants of the palace, charged to sew up the cloth that contained the patient, having come to the neck, the fixed point where she was to finish her seam, made a knot according to custom; but as there was still remaining an end of thread, instead of cutting it as usual with scissors, she had recourse to the candle, which immediately set fire to the whole cloth. Being terrified, she ran away, and abandoned the king, who was thus burnt alive in his own palace.
* There are some cites for May 21 out there, but the sourcing on June appears stronger to me, and references to the men’s interrogations and trial run to June. The beheading is also referred to as having taken place on a Monday, which fits June 21 (but not May 21) in 1378.
** According to CryptoSchool this is one of the oldest known documents in the history of cryptology. Devised personally by Charles of Navarre, its gambit was to “move the names of princes, castles and cities to other names not their own.” (Chronique Normande)