Posts filed under 'Other Voices'

1925: Con O’Leary

Add comment July 28th, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1925, Cornelius “Con” O’Leary* was hanged in Ireland for the murder of his brother, Patrick. He, his mother and his two sisters had all been charged in the crime, but in the end, Con was the only one to swing for it. The story of his brother’s slaying and his execution is told in Tim Carey’s book Hanged For Murder: Irish State Executions.

In early 1924, five adults occupied the O’Leary farm in the village of Kilkerran in Cork: the elderly mother of the family, the oldest son Patrick, his younger brother Con, and their sisters, Hannah and Maryanne. All of the children were unmarried. (There had originally been eight of them, but one had died and three others had moved away.) Their father had died a few years before and left the farm to his wife, with the stipulation that Patrick would inherit after her death.

Forty-six­year­old Patrick and 40-year-old Con didn’t get along and everyone knew it. Con, contrary to tradition, didn’t work the family farm but had a job as a laborer at a farm nearby, leaving his older brother, a large man with a “quarrelsome” nature, to manage the O’Leary farm alone.

Patrick thought his brother should either start working his own land or else pack up and move elsewhere, but Con refused to budge.

The two men hadn’t spoken to each other in years and went to great lengths to avoid each other: Patrick spent his nights in a loft in the barn and got up early, and Con wouldn’t go to the barn until after his brother had left and wouldn’t go to the house until after his brother had gone to bed. Maryanne also spent her nights away from home, at an elderly female neighbor’s house.

On March 7, 1924, a child tending cows in a field near the O’Leary farm noticed a potato sack under some bushes, opened it up and discovered a horrifying sight: a severed head, badly decomposed and beaten to a pulp.

The gardai were summoned and launched a search of the area. They found a severed right arm and a torso. Although the authorities recognized the dead man, they summoned Con O’Leary to make an official identification.

Carey records,

By the time Con O’Leary was brought to the field it was dark. When they shook the head out of the sack the guards shone torches to help him see. Con looked at the head for some time before saying, “Yes, that is my brother Pat.”

“Con, are you sure now?” the sergeant asked.

“Yes, that’s my brother Pat all right.”

At this point a garda inspector arrived. However, when he asked Con if he could identify the head he said he couldn’t. When the sergeant asked, “How is it you identified it for me and you cannot identify it now?” Con said nothing.

Patrick’s head, arm and torso were then brought to the back room of a pub in the nearby village of Milltown. Lit by candles and a bicycle lamp, the head was rested on a bit of hay on a table.

Hannah was brought in, and claimed she did not recognize the remains. Maryanne, however, immediately identified her brother. Con kept insisting that he wasn’t sure, then started rubbing his hands together repeating, “I am innocent, my hands clean.”

When the gardai checked the loft where Patrick slept, it was obvious they’d found the crime scene. The rafters were clearly bloodstained in spite of an apparent attempt to wash them, and although the bedclothes were clean, there was blood on the floor under the bed. He had probably been beaten to death in his sleep; there were no indications of a struggle.

The next day, the O’Leary family held a traditional Irish wake in their home — including the requisite open casket, with the body parts carefully arranged inside. The neighbors attended and openly discussed their suspicions that Con had committed the murder. He only repeated that he was innocent and his hands were clean. That night, of the three remaining O’Learys, only Maryanne stayed up to keep a vigil by the coffin.

Further searches commenced and in the end eight body parts turned up, all within 650 yards of the farmhouse. The final discovery was Patrick’s other arm, which the family sheepdog was seen carrying around; it had already eaten most of it.

On March 14, a week after the discovery of Patrick’s head, his mother, brother and sisters were all charged with his murder. The gardai decided he had probably been killed on February 26, which is the last day he was seen alive. Curiously, the family hadn’t raised the alarm after he disappeared. They later said they thought he’d simply dropped out of sight of his own accord and would return soon enough.

While awaiting trial, Maryanne died of cancer in prison. She claimed, probably truthfully, that she had been away on the night Patrick died and had no knowledge of what happened to him.

Because Mrs. O’Leary was elderly and in poor health, the charges against her were dropped and she was released from prison. She returned to the family home and lived there alone until her death in 1928.

Con and Hannah went to trial on June 23, 1925, and both pleaded not guilty. The jury deadlocked on reaching a verdict for either of them, however, and a second trial began a week later. It lasted two days.

There was virtually no evidence to implicate Hannah, but that didn’t stop the judge from suggesting in his summing­up about how she might have been involved: he said changing Patrick’s gore­soaked bedsheets for clean ones might “might be a woman’s job” but chopping him into bits and pieces was probably “a man’s job.”

In less than an hour, the jury convicted both of them, but with a recommendation for mercy in Hannah’s case.

Con, who maintained his innocence to the end, went to his death a month after his conviction. He was executed by Thomas Pierrepoint and buried in an unmarked grave. Hannah was sent to Mountjoy Women’s Prison. She was released in 1942, at age 56, and went to live in a Magdalen laundry.

* Not to be confused with Irish historian Cornelius O’Leary.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Ireland,Murder,Other Voices

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1912: George Shelton and John Bailey

Add comment July 26th, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1912, George Shelton and his brother­-in­-law John Bailey were executed in Nashville, Tennessee for the murders of Ben Pettigrew and his two children. One of them can be identified as a daughter named Pearl. The other child’s identity is unclear; it may be another, unnamed daughter, or a son named Fred.

This is an unusual case because, in the Jim Crow South, these two white men had faced the death penalty for killing black victims, and their crime was characterized by many as a lynching.

Ben Pettigrew was a successful cotton farmer from Clifton, Tennessee. He had a reputation for honesty and trustworthiness, “unequaled among the colored population of this section of the country.” In fact, he was “regarded as highly as any member of his race in the south.”

Philadelphia Inquirer, July 27, 1912

On December 5, 1911, Ben and his two children were taking a load of seed cotton to a cotton gin in Savannah, Tennessee when their wagon was ambushed on the road by four white men.

Accounts about the murder differ as to what exactly occurred: one story is that Ben was shot and his two children hanged, and their bodies put on top of the wagon and set on fire with the cotton. Another has it that all three victims were tied, alive, on top of the load of cotton and then it was set on fire.

Also unclear is the motive for the crime, if there was any motive at all. According to some stories, the killers may have been white land tenants angry that blacks were occupying their former homes. It’s possible that they were jealous of the Pettigrew family’s respectability and economic success.

Other farmers in the area saw the fire and hurried to extinguish it, arriving just in time to see the four suspects run off into the woods. A posse assembled to hunt down the killers; it started out with 50 men and quickly grew to over 300 volunteers, with bloodhounds. In due course two people were captured; the others got away.

Little is known about Shelton and Bailey, farmhands described by the NAACP as “friendless, ignorant white boys” — a label borne out by the garbled written confession they made:

To the, Publick, and the, honer, cort, of decaturville, Tenn; we was assoated with Mr. J.M. Hill he read the Bible, to us, and talked to us, about our soles, and, all so Read To Us in St. Mathews the 10th Chapter and the, 26 Verce, that thire was nothing covered but, what would, be uncovered and nothing hid what would, be knowen and, he talked to us about telling the truth at the blessed Jesues, said that to tell the truth and, bleave the truth and it would make us, free and we do know that we did a great rong but god has forvie us, as Mr, Hill, had us us to go to god and, he has forgive us, and now we with up stretched, ormes, ask the clemences, and mercies, of, the, People, and, the, cort, to do all the cane, for, us, as we, air both maried boyes and, i Georg Shelton aire onley 18 yares, old. and, never, Had, the, chence, to go to school and raised up by a Good Fother. And, Oh, My, Der, ole, Mother, and my, Wife, and, Little, Baby! If, i, Had Onley of, Knowen at the start what all this would of, cause, me, i would Not, of done, it, for aney amount, of, Money, But, Mr, Lige Scott, tole, me to; That ole Ben ort to be, Killed, and got, out, of, the neighborhood. And John Bailey, is, A Brothernlaw of, George Shelton, and, is 24, yares, old, and His Parints, Died, when he was a Little Boy, and, he, was raised up heare and, yonder, and, kik from Piller, to Post and, we Both, have, no Egacation, and never relised what a black Path, of, sin we have been travling, till Mr. J.M. Hill, Read, the Bible to us, And Praid, for and with us, and then we begin to Relise what we had done.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,Other Voices,Pelf,Tennessee,USA

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1962: Roger Degueldre, OAS commando

Add comment July 6th, 2016 Thomas Kanyak

Thanks to Thomas Kanyak of @ModernConflict for the guest post. -ed.

On this date in 1962, Organisation Armee Secrete (OAS) Delta commando leader Roger Degueldre was executed by firing squad at Fort d’Ivry, near Paris, France.

Degueldre, 37 years old at his death, was one of only three OAS men executed by France for the terrorist excesses in the end game of the Algerian War in 1961 and 1962. Fittingly, that conflict wrenched to a conclusion five days before Degueldre’s death by musketry, with a referendum confirming Algeria’s independence from France. After the January 1960 “Barricades Week” revolt failed, Degueldre swore he “took an oath to keep Algeria French. As far as I’m concerned the oath will be kept. I’ll go to the limit.” He certainly did.

Like many men who joined the French Foreign Legion, Degueldre was the product of a murky past: either a Belgian who joined the SS Wallonie and fought on the Russian front, or a Frenchmen who served in the Resistance in occupied France.

What is known is, he joined the regular Army towards the end of the war, and then enlisted in the Foreign Legion under a nom de guerre. He served in Indochina and was wounded at Dien Bien Phu. In Algeria, he assumed his real name. After being suspected of taking part in the December 1960 riots during President de Gaulle’s visit to Algeria, Degueldre deserted from 1er REP, the French Foreign Legion parachute Regiment, in early 1961. The French Army, after crumpling against Germany, losing in Indochina and being humiliated at Suez, was determined to make a stand in Algeria. But the army’s resolve proved to greatly exceed the nation’s.

As France’s commitment to the fight against the Moslem rebel FLN began to crack, the army’s simmering resentment turned into open revolt, culminating in the failed Generals Putsch of April 1961 and the formation of the Secret Army Organization (Organisation Armee Secrete or OAS) that spring. It was comprised of disaffected soldiers and pieds noirs (black feet, a nickname for the European population of Algeria).

The OAS was structured in early May 1961, and Degueldre was assigned to the Organisation-Renseignement-Operation (ORO) section which was responsible for most of the OAS terrorist violence.

Degueldre’s OAS codename was Delta, and his commandos within the ORO became known as the “Deltas”; they carried out the majority of operation punctuelle (assassinations) from the failed Putsch to Algerian Independence in July 1962.

In Algiers, betrayed, Degueldre was identified slipping away from a OAS meeting in Algiers and arrested by French authorities on 7 April 1962.

“At Caserne des Tagarins, gendarmes toasted Degueldre’s arrest with champagne. They were very relieved. The Captain in charge approached the long, grim, sun baked figure and offered to wager a case of champagne that French Algeria would no longer exist within a few months.

“I won’t be here in a few months to drink it” Degueldre replied simply.

Degueldre went on trial on 27 June at Fort de Vincennes in Paris. After legal maneuvers to unseat a second judge (the first judge resigned, and committed suicide two days after the trial), Degueldre went essentially undefended, refusing to answer questions. After providing no defence witnesses, and hearing the testimony of four prosecution witnesses, Degueldre was convicted by the military court of ten murders and sentenced to death. Upon hearing the verdict, Degueldre smiled.

In Fresnes Prison after the conviction, fellow prisoners discussed going on hunger strike in protest of the death sentence meted out to Degueldre. When Degueldre was informed of the plans for the strike, he curtly replied “there’ll be no strike for me.”

On 6 July 1962, Degueldre was driven to Fort d’Ivry Prison outside of Paris where the sentence would be carried out. An 11-man firing squad delivered a volley of shots, the captain in charge administered the traditional coup de grace, and it was over (there are several versions of the fusille hier matin au Fort d’Ivry; one had it that only one shot of 11 hit Degueldre, and the Captain had to empty his revolver into him). The man described by Jean-Jacques Susini, an OAS leader, as “a magnificent revolutionary” had pour l’honneur de la parole donnee: he kept his oath.

On 23 November 1961, French President Charles de Gaulle delivered a speech to 2,000 assembled military personnel in Strasbourg. This “Lost Soldiers” Speech sought to quell discontent in the Army over the direction of French policy in Algeria after eight years of war.

it’s an illusion to think one can make things be what one desires and the contrary of what they are … at that moment when the state and the nation have chosen the way, military duty is traced out once and for all … outside these limits there can be — there are only — lost soldiers.


Sources:

Wolves in the City, the death of French Algeria by Paul Henissart

A Savage War of Peace: Algeria 1954-1962 by Alistar Horne

Various New York Times articles

@claireparisjazz twitter account

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Entry Filed under: 20th Century,Algeria,Capital Punishment,Death Penalty,Execution,France,Guest Writers,History,Martyrs,Murder,Occupation and Colonialism,Other Voices,Shot,Soldiers,Terrorists,Wartime Executions

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1741: Will, Ward’s Negro

Add comment July 4th, 2016 Daniel Horsmanden

(Thanks for today’s guest post to Daniel Horsmanden, the former judge whose account of hunting down a slave conspiracy in New York in 1741 has been so crucial to our running series on the affair. This entry is Horsmanden’s record (in full) for the events of July 4, 1741.)

The Jail being now throng’d with Negroes committed as Confederates in the Conspiracy, many whereof had made Confessions of their Guilt, in Hopes of Pardon in Consequence of the Proclamation, and others who were pardoned and turned Evidence; it was feared, considering the Season of the Year, that such Numbers closely confin’d might be apt to breed an Infection; therefore the Judges thought it was proper to examine the List of them, and to to mark out such as should be thought proper to recommend to his Honour the Lieutenant Governor, to be pardoned, upon Condition of Transportation to be therein limited by a short Time, and to distinguish which of them who had been made Use of as Witnesses, might be necessary to reserve for some Time; and for this Purpose they associated to them Mr. Nicholls and Mr. Lodge, by whose Assistance the following List was accordingly settled, which the Judges reported to his Honour, and submitted to his Consideration.

A List of Negroes recommended this Day by the Judges to his Honour the Lieutenant Governor, for Transportation.

Quamino, Pemberton’s.
Toby, Widow Breasted’s.
Willor Bill, Ten Eyck’s.
Warwick, Hunt’s.
Tom, Soumain’s.
Deptford, Cruger’s.
Will, Lush’s.
York, Peck’s.
Scipio, Van Borsom’s.
Guy, Horsefield’s.
Cato, Benson’s.
Tony, Widow Brazier’s
Scipio, Bound’s.
Caesar, Kortrecht’s.
Jack, Abrahamse’s.
Dundee. Todd’s.
Starling, Lawrence’s.
York, Crooke’s.
Bridgwater, Van Horn’s.
London, French’s.
Mars, Becker’s.
Primus, DeBrosse’s.
Jacob, Rutger’s.
Mink, Groesbeck’s.
Titus, Phaenix’s.
Lewis, Schuyler’s.
Jonneau, Vaarck’s.
Scotland, Marston’s.
Worcester, Varian’s.
Jamaica, Ellison’s.
Patrick, English’s.
Scipio, Abrahamse’s.
Fortune, Clarkson’s.
Caesar, Pintard’s.
Fortune, Wilkins’s.
Tom, Moore’s.
Pompey, Lefferts’s.
London, Marschalk’s.
Wan, Low’s.
Will, Vaarck’s.
Fortune, Latham’s.
Sarah, Burk’s.

This Day Will, Ward’s Negro, was executed according to Sentence, and made the following Confession at the Stake.

  1. He said, That William Kane, a Soldier belonging to the Fort, knew of the Plot; and he heard the said Kane say, he did not care if the Fort was burnt down: That since the Plot was discovered he told Kane he would make a Discovery; on which Kane gave him three Pounds in Bills, and told him, not to discover; Part of which Money his young Mistress found in his Chest.
  2. That his Mistress lost a Silver Spoon, which he, Will, stole and carried to Kane’s Wife, who gave it her Husband in his Presence, and he sold it to Peter Van Dyke, a Silver-Smith, and gave him [Will] eight Shillings of the Money.
  3. That Kane and Kelly asked Quack to burn the Fort, and said if that was done, they (the Soldiers) would have their Liberty; and Kelly said, you must do it with some wet Cotten, and that will make no Smoke.
  4. That he has talked of the Plot with Kane and Kelly often, and has been at Kane’s House, and has heard that other Soldiers were concerned, but does not know them. That he has seen Quack (Walter’s) there, Ryndert’s Tom, Governour’s Jack, Cuyler’s Pedro; and John (Vanzant’s) went round, who received some Money in his Hat, collected at a Meeting at Kelly’s, which Money was to be paid to Hughson.
  5. That Quack, Goelet’s, and Will, Tiebout’s, drew him in; and called on their Names to the last.
  6. That Pedro (De Peyster’s) is innocent for what he knows.
  7. That Moore’s Cato advised him and Pedro, to bring in many Negroes, telling Pedro, that he would be certainly burnt or hanged if he did not confess; but that if he brought in a good many, it would save his Life; for he had found it so himself; and must say, he was to set his Master’s House on fire, which would make the Judges believe him.
  8. That Pintard’s Caesar said much the same; and Comfort’s Jack advised Cato; but that Jack was a true Evidence.

The Pile being kindled, this Wretch set his Back to the Stake, and raising up one of his Legs, laid it upon the Fire, and lifting up his Hands and Eyes, cried aloud, and several Times repeated the Names, Quack Goelet & Will Tiebout, who he had said brought him into this Plot.

This Evening William Kane, Soldier, Quack, Goelet’s, and Will, Tiebout’s, Negroes, were apprehended and committed.

After we had several of the Fires mentioned in the Introduction to this JOURNAL, Quack, Goelet’s, was had up and examined before the Magistrates, for some suspicious Words overheard to be uttered by him, to another Negro, which seemed to import strong Hints as if he had been privy to the Occasion of them; but nothing could be made of it, and was therefore discharged. But this was long before we had the least Intimation of a Conspiracy.

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Entry Filed under: 18th Century,Arson,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Guest Writers,History,New York,Other Voices,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,USA

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1996: Daren Lee Bolton

2 comments June 19th, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1996, 29­-year­-old Daren Lee Bolton was executed in Arizona for the 1986 kidnapping, rape and murder of a Tucson toddler. Bolton had taken two­-year­-old Zosha Lee Pickett from her bedroom at night, stabbed her to death and left her body in an abandoned taxi in a storage lot two blocks from her home. It was found a couple of days later.

The medical examiner would testify that the toddler may have suffered “excruciating” pain for up to half an hour before she bled out.

After little Zosha’s death, the police lifted some fingerprints but couldn’t match them to any suspect, so in 1987 they sent them out to other states for them to have a try. Bolton had some convictions in Illinois, and so his prints were in the computerized system there. (Arizona didn’t have such a system in place at the time.) In 1990, during a training exercise, Illinois police officers found a match between Bolton’s fingerprints and a print on Zosha’s window screen. At the time, he was already serving time in Arizona for unrelated charges.

At his trial, Bolton admitted he’d been to Zosha’s home and to the cab where her body was found, but denied any part in her murder. Instead, he said he’d planned to break into the Pickett residence with an accomplice named “Phil” but was scared away. Phil, he said, had come back later and taken and killed the little girl. Bolton had then murdered the man and buried his body in the desert.

The jury saw through this wild story and convicted him of burglary, kidnapping and first-degree murder in 1991.

Bolton had the kind of childhood you might expect: shuttled back and forth between his divorced parents and his grandmother, the victim of physical abuse and possibly also sexual abuse, he was designated “severely emotionally handicapped” and had a long string of assaults to his name by the time he dropped out of school.

He was also charged in the 1982 murder of seven-­year­-old Cathy Barbara Fritz, also of Tucson, but he was executed before he could be tried in that case. The child had been abducted walking home from a friend’s home, sexually assaulted and then beaten and stabbed to death, all while a “Take Back The Night” demonstration was going on nearby. Bolton was sixteen years old at the time, and he knew the Cathy’s brother. DNA evidence later tied to him to the crime.

He maintained his innocence in both murders, but fired his lawyers and dropped his appeals after less than four years; he said he’d rather die than spend the rest of his life in prison.

His last meal consisted of lasagna, cheesecake and Pepsi.

Zosha Pickett’s parents and Cathy Fritz’s father and brothers were among the thirty witnesses who got to watch him die. He had no last words and, while he glanced at the Picketts once, he refused to acknowledge the Fritz family before he breathed his last, a few minutes past midnight.

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Entry Filed under: 20th Century,Arizona,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Lethal Injection,Murder,Other Voices,Rape,USA

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1967: Moustapha Lô, failed assassin

Add comment June 15th, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1967, Moustapha Lô was executed for treason in the African nation of Senegal. He had tried to kill the country’s prime minister, Leopold Sedar Senghor, less than three months earlier.

At his trial, Lô freely admitted he’d drawn a gun on Senghor during a ceremony at the Grand Mosque of Dakar on the Muslim holiday of Eid-­al­-Adha,* but denied that he ever actually intended to kill him.

“I just wanted to give him a warning to change policy,” Lô said. He added, “I wanted to prove … he was not immune to public condemnation.”

His widow, Fatou Sarr, believed him; nearly 45 years after his death, she gave her first interview to the press and said, “He was not able to kill a fly.”

But if he was in fact only acting, Lô’s performance was very convincing: he pointed his pistol at the prime minister and pulled the trigger twice. Fortunately for Senghor, the gun jammed.

The crowd quickly tackled and overpowered Lô and he was hauled away by the police.

Several other people were also accused of being part of the plot. Moustapha Drame was sentenced to life in prison, Doudou Ndiaye to ten years and Momar Mbaye to five years; two other defendants were acquitted of all charges.

Although the country’s religious leaders pleaded for Senghor to pardon his would-­be assassin, the prime minister refused. Later on he claimed he had agonized over the decision for days and had nightmares about it, but he concluded, “This is not to judge according to the view of God. Only God can judge in the absolute. However, capital punishment still has a deterrent effect in Senegalese society.”

Lô met his death by firing squad. He said a prayer before his death and claimed he was dying “a martyr.”

Senghor outlived his attacker by 44 years, dying in 2001 at the age of 95.

* The holiday is locally known in Senegal as Tabaski.

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Entry Filed under: 20th Century,Assassins,Attempted Murder,Capital Punishment,Death Penalty,Execution,Guest Writers,History,Notable for their Victims,Other Voices,Senegal,Shot

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1743: John Breads, Rye killer

Add comment June 8th, 2016 Golde Singer

On this day in 1743, John Breads met his fate on the gallows in the small Sussex town of Rye, on the south coast of England. The spectacle of his hanging was compounded by the subsequent use of the gibbet, a cage in which Breads’s body was left exposed to the elements in Gibbets Marsh for more than 20 years.

On the face of it, this was just another hanging in the dustbin of history, but author Paul Kleber Monod uses it as the focal point of a book, The Murder of Mr. Grebell: Madness and Civility in an English Town (review | another), in which he wraps Rye, the murder and the execution into the social structures of England (especially small-town England) of the 18th century.

Although the murder itself is a small part of Monod’s book, he nonetheless outlines two aspects of the Breads story which make it worth a look by readers of Executed Today:

  1. the issue of fairness in the handling of the trial and execution; and
  2. the killer’s attempt to assert “mental distraction”

The facts of the murder itself seem fairly straightforward, although a little quirky, since the whole affair was apparently a case of mistaken identity: James Lamb, the then-mayor of Rye, was invited to dinner on March 16, 1743, to celebrate the appointment of his son John to the customs service. Lamb was feeling ill that day and asked his brother-in- law, Allen Grebell, to attend the dinner in his place. As Grebell was returning home after the event, he was attacked and stabbed in the churchyard by John Breads; although Grebell was able to make it back to his home, he died that night from his wounds.

When Breads was arrested for the murder, he claimed he had intended to kill Lamb, not Grebell. Monod points out that, since Lamb was related (albeit by marriage) to the victim, normal procedure would have been to move any hearing or trial to another jurisdiction, or at least allow an independent jurist to preside over the case. Breads’s assertion that Lamb was the intended victim should have given the Mayor even more reason not to be involved.

Instead, he insisted on keeping the trial in Rye and compounded the irregularity by acting as both prosecutor for the grand jury and as judge for the trial, thus ignoring judicial standards relating to conflict of interest. Additionally, one description of the trial claims that Lamb testified during the trial itself; if this is true, Monod says, such testimony was a breach of common law, which dictated that judges could not testify in cases over which they were presiding.

Monod introduces a commentary by Rye resident and lawyer Henry Dodson, who questioned whether Breads had received a fair trial in light of Lamb’s actions:

How fair a Tryal, the Prisoner had, I leave the Reader, to determine after he is informed, the above Mr. Lamb, was Mayor, Coroner, Party Prosecuting, Judge, Witness and Sheriff, in Presenting, Trying and Executing the said John Breads.

I suppose, he was Mayor, Coroner, and Sheriff, as essentiall, to the office of Mayoralty; Party and prosecutor, as Brother in Law to the Unfortunate good Gentleman, that was Killed; and Judge, and Witness out of Zeal, in getting the Prisoner proved Sane …

Dodson seemed to feel that Lambs involvement in the case was just a little too personal, and the fact that Breads was gibbeted after his execution might lend some credence to that idea. Gibbeting, Monod points out, was not usually a punishment imposed by a judge, but rather by royal order, and it was generally reserved for the most serious of killers.

But Monod puts the trial into a larger social context, suggesting that

the trial of John Breads bears a message about how the law operated in the 18th century [and] stands as an example of how authority might assert itself aggressively and unrestrainedly. The last word belonged to the judge … a kind of paternalism based on the social (and hence moral) inequality between defendant and judge. It was the opinion of the magistrate that counted.

[This] system reflected a social and political structure in which authority had been concentrated in a few hands, usually by inheritance … Breads had little chance of escaping the most extreme form of retribution.

The second point of interest in the Breads trial was that it stood at the cusp of a new understanding of insanity in the commission of crimes.

This is a mere replica of the Breads gibbet on display at the Rye Museum, but the town council still has possession of the original, skull and all. It’s reported to be a highly sought gawk, but it can only be seen by special arrangement.

Although Breads originally claimed his plan was to kill the mayor, he changed his tune at the trial, where he was reported as having said that “if he had committed the Fact, he knew nothing of it, for it was done when he was in Distraction … In short, he affected Madness …” (Kentish Post, June 1-4, 1743)

Or, in today’s parlance that would fitfully develop, “Not guilty by reason of insanity.”

Insanity had been a legitimate defense for years, but the definition of insanity was very much in flux at this time. Doctors suggested that madness was due to a mental defect rather than possession by an evil spirit and lawyers were pushing the idea that homicide required “malice aforethought,” while many average citizens still believed that those who were mad were in the grip of the devil.

Monod proposes yet another possibility by putting the question into a sociological context: “Insanity does not operate randomly,” he writes. “It cannot separate a sufferer from the social context in which he or she exists.”

For Breads, whose upbringing had been closely tied to his church, that context included unsuccessful attempts in the late 1600s by religious purists to wrest control of Rye’s government and economy from the wealthy secular class, and the antagonistic feelings that remained from the abject failure of that effort and the perceived religious persecution that followed it. Breads was no doubt influenced by that antagonism, Monod suggests, and those feelings “may have alienated him from the way the town was governed … [He] wanted to vent his rage on the oligarchs.” As a result, “Even in his madness, Breads was trapped by his own history and that of his native town.”

Whatever the source of Breads’ “distraction,” it did him no good. But it did become one piece of a serious conversation about the issue — a conversation which has continued for centuries.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Diminished Capacity,England,Execution,Gibbeted,Guest Writers,Hanged,History,Murder,Other Voices,Public Executions

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1509: Four Dominicans for the Jetzer affair

Add comment May 31st, 2016 Voltaire

(Thanks for today’s guest post to anti-clerical Enlightenment polemicist Voltaire, whose intervention in (and caustic commentary upon) death penalty cases in his own day we have several times featured. The events described arise from the Dominican order‘s Aquinas-derived dissent from the view, predominant theologically as well as popularly, of the Virgin Mary’s Immaculate Conception. The Immaculate Conception would later become settled doctrine in the Church. -ed.)

It is well known that the Cordeliers or Franciscans and the Jacobins or Dominicans have detested each other ever since they were founded. They were divided on several points of theology as well as being financial rivals. Their chief quarrel turned on the state of Mary before her birth. The Franciscans argued that Mary had not sinned in her mother’s womb, while the Dominicans were of the opposite opinion. There never was, perhaps, a more ridiculous question, and yet it was this very matter which made these two religious orders quite irreconcilable.

A Franciscan, preaching at Frankfurt in 1503 on the immaculate conception of Mary, happened to see a Dominican called Vigan come into his church. “I thank the Holy Virgin,” he exclaimed “for not having permitted me to belong to a sect which dishonours her and her son.” Vigan eplied that this was a falsehood. The Franciscan then came down from the pulpit, carrying an iron crucifix, and struck the Dominican such a violent blow that he almost killed him, after which he went on to finish his sermon on the Virgin.*

The Dominicans held a meeting to plan their revenge, and, in the hope of heaping greater humiliation on the Franciscans, they resolved to perform miracles. After several fruitless attempts they finally found a favourable opportunity in Berne.

One of their monks was confessor to a simple-minded young tailor named Jetzer, who was particularly devoted to the Virgin Mary and to Saint Barbara. This imbecile seemed to them to be an excellent subject for miracles. His confessor convinced him that the Virgin and Saint Barbara expressly commanded him to become a Dominican and to give all his money to the order. Jetzer obeyed and too the habit. When his vocation had been well tested, four Dominicans, whose names appear in the subsequent trial, disguised themselves on several occasions as best they could, one as an angel, another as a soul in purgatory, a third as the Virgin Mary and the fourth as Saint Barbara. At the end of these apparitions, which it would be too tedious to describe in detail, the Virgin finally revealed to Jetzer that she was born in original sin; that she would have been damned if her son, who was not yet on this earth, had not taken care to regenerate her immediately after she was born; that the Franciscans were impious and had grievously offended her son by claiming that his mother had been conceived without mortal sin, and that she charged him to announce this to all the servants of God and Mary in Berne.

Jetzer did not fail to do this. Mary appeared again, accompanied by two robust and vigorous angels. She thanked him and said that she had come to imprint upon him the holy stigmata of her son as proof of his mission and as a reward. The two angels tied Jetzer up and the Virgin drove nails into his hands and feet. The next day Brother Jetzer was exhibited on the altar for all to see, freshly bleeding from the heavenly favours he had received. The devout flocked to kiss his wounds. He performed as many miracles as he wanted, but the apparitions still continued. Finally Jetzer recognised the voice of the sub-prior beneath the mask he wore. He cried out and threatened to reveal everything. He followed the sub-prior into his cell, where he found his confessor and the two angels, who were entertaining some girls.

The monks, now that they were unmasked, had only one course open to them, which was to poison Jetzer. They sprinkled a communion wafer with some corrosive which had such a foul taste that Jetzer could not swallow it. He fled from the church crying out against the sacrilegious poisoners. The trial lasted for two years and came before the bishop of Lausanne because at that time laymen were not allowed to judge monks. The bishop sided with the Dominicans. He decided that the apparitions were real and that Jetzer was an imposter; he was even so cruel as to sentence the poor man to torture. But later the Dominicans imprudently degraded Jetzer, stripping him of his monk’s habit. This meant that Jetzer was now a layman again and his case could therefore be heard by the Council of Berne. As a consequence of his testimony the long catalogue of crimes was confirmed. When the ecclesiastical judges were called in from Rome, they were compelled to deliver up the criminals to the secular authorities. The guilty were burnt at the Marsilly gate on 31 May 1509. Records of the trial are now in the archives of Berne and have been printed on several occasions.


The fourteenth panel (click for the full glorious graphic novel) of a woodcut series illustrating the progress of the hoax. (Via).

* The Dominican Wigand Wirt, who denounced the Immaculate Conception so vociferously that he was summoned to Rome in 1507 to answer for it.

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Entry Filed under: 16th Century,Burned,Capital Punishment,Death Penalty,Execution,God,Guest Writers,History,Other Voices,Public Executions,Religious Figures,Scandal,Switzerland,The Supernatural

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1945: Pvt. George Edward Smith, on VE Day

Add comment May 8th, 2016 Robert Walsh

(Thanks to Robert Walsh for the guest post. Mr. Walsh’s home page has a trove of articles about historical executions, including another American serviceman hanged at Shepton Mallet. -ed.)

VE (Victory in Europe) marked the official end of hostilities in the European theatre of operations and quite possibly the largest and most joyous celebration in human history.

Unless, of course, you happened to be former US Army Air Forces Private George Edward Smith.

While most of the rest of the world basked in the joy of victory and the relief of the European war being over, Private Smith had a rather more pressing engagement to think about. The rest of the population might be about to enter a brave new world, but Smith was about to depart rather suddenly from the old one.

It was his execution day.

Smith, previously serving at RAF Attlebridge in Norfolk with the US Air Force’s 784th Bombardment Squadron, wouldn’t be celebrating the end of the European war. He’d be watching the clock tick relentlessly down to 1 a.m. when he’d be escorted from the Condemned Cell at Her Majesty’s Prison, Shepton Mallet, Somerset (loaned to the US military for the duration of the war). He’d be sat near the gallows pondering a past that was about to cost him his life while hoping for a reprieve that wouldn’t arrive and a future that was already lost.

While most of the world celebrated, George Edward Smith was going to die.

Smith’s guilt wasn’t in any doubt. Near RAF Attlebridge lay the sleepy Norfolk town of Honingham and the stately home named Honingham Hall (demolished in the 1960s).

Honingham Hall and the adjoining land were home to distinguished diplomat Sir Eric Teichmann, a long-serving figure vastly experienced in the Far East and serving as advisor to the British Embassy at Chungking. He’d noticed, as so many country gentlemen do, that he had a problem with poachers. December 3, 1944 would be the last time he had a problem with anything. It was in the small hours of the morning that he met George Edward Smith.

Smith and his accomplice Private Wijpacha had ‘borrowed’ a pair of M1 carbines from the base armoury and decided to do a spot of illicit hunting. Teichmann, familiar with the fact that poachers aren’t usually violent offenders and will usually run if challenged, heard gunshots from nearby woodland and went out to investigate. He went out unarmed, challenged Smith and Wijpacha — and Smith promptly shot him once through the head with his M1. Both men fled hurriedly back to their base, hoping that their absence wouldn’t be noticed.

Of course, a senior British diplomat lying murdered in the woodland was noticed.

Before long both men were arrested and questioned, during which Smith confessed, a confession he later retracted claiming that it was made under duress. That, not surprisingly, cut no ice whatsoever with either the American military or the British authorities. Smith and Wijpacha were court-martialled at RAF Attlebridge and Wijpacha (who hadn’t fired a shot) received a lengthy prison sentence. Smith, the triggerman, drew the death penalty.

Under the Visiting Forces Act, 1942 the Americans were free to try, imprison and condemn their own criminals independent of the British system of justice, not that it would have made any difference to Smith’s case. Murder was then a capital crime in Britain regardless of the criminal’s nationality. If Smith hadn’t been condemned by an American court-martial then a British trial would have seen the judge don the legendary ‘Black Cap’ and pass what British reporters once called ‘the dread sentence’ especially given the status of the victim.

Smith was promptly shipped to the prison at Shepton Mallet in the county of Somerset to await a mandatory review of his case and, if clemency was refused, execution.

View of Shepton Mallet (left) and its execution shed (right)

Shepton Mallet had been a civilian prison for centuries before being turned over to the British military, who then lent it to the Americans as part of the Visiting Forces Act. Until its final closure a few years ago Shepton Mallet remained the oldest prison in the UK still operational, a dubious distinction now belonging to Dartmoor. There were, however, a few difficulties with the arrangement.

The Americans carried out 18 executions at Shepton Mallet during their tenure between mid-1942 and September, 1945. Two (Alex Miranda and Benjamin Pyegate) were by firing squad, upsetting local people, who knew very well what it meant to live next to a military prison and hear a single rifle volley at 8 a.m. The American military also preferred hanging common criminals to allowing them to be shot like soldiers.

The problems were simple. The locals didn’t like firing squads made no secret of it. Not surprisingly, there were complaints. The US military felt being shot was too good for most of its condemned and the British didn’t like the methods and equipment used by American hangmen, who had acquired a nasty and thoroughly-deserved reputation for using badly-designed scaffolds, the wrong type of rope and the antiquated standard drop instead of a drop length scientifically calculated by the prisoner’s weight.

The British also regarded American hanging equipment as outdated, while American military hangmen John Woods and Joseph Malta were entirely unfamiliar with the British kit. And British hangmen had evolved hanging to almost an art, needing mere seconds to complete the procedure.

Another problem was that the gallows at Shepton Mallet hadn’t been used since March, 1926. By 1942 it was considered unfit for service and needed replacing. A compromise had to be reached, and was.

The Americans could continue executions at Shepton Mallet, but the vast majority (16 out of 18) were performed by British hangmen using a British gallows in an extension built onto the end of one of the cellblocks. The Americans were permitted their usual practice of having the condemned stand strapped, noosed and hooded on the gallows while their death warrant and charge sheet were read out and then being asked for any last words. This caused executioner Albert Pierrepoint, master of the speedy hanging, to complain at what seemed to him a cruel, unnecessary delay in ending the prisoner’s misery.

Pierrepoint also complained about overcrowding in the gallows room during executions. At a British hanging there would be the prisoner, the hangman, his assistant, the prison Governor, the Chief Warder, the doctor, the Chaplain and two or four prison officers. At an American military hanging there were usually twenty or so people clustered around the trapdoors and lever. He felt a hanging should be both quick and perfect and that a crowded gallows room invited disaster.

Hangman Thomas Pierrepoint.

By VE Day the arrangement was well-established. Thomas Pierrepoint, uncle of Albert and brother of Henry (both of whom were also hangmen) performed 13 of the 16 hangings at Shepton Mallet while Albert performed the remaining three when he wasn’t busy elsewhere.

Their assistants were Steve Wade, Herbert Morris and Alexander Riley. Tom Pierrepoint had performed the last hanging at Shepton Mallet in 1926 (that of murderer John Lincoln) assisted by Lionel Mann. While the two firing squads were performed at 8 a.m., the hangings would be carried out at 1 a.m. which was discreet enough not to arouse neighbors’ ire.

Smith’s case was reviewed. Not surprisingly, his appeal was denied as were other requests including (most generously, under the circumstances) one from Lady Teichmann, widow of his victim. His date was set for 1 a.m. on what turned out to be the very day Europe’s guns fell silent. Tom Pierrepoint would do the job assisted by Herbert Morris. Smith was transferred to the Condemned Cell a few days prior to the execution date where he was granted free access to the military Chaplain.

When the time came, while the rest of the population celebrated the arrival of a new world and Smith contemplated his departure from the old one, it went as smoothly as could be expected. Smith was taken from his cell wearing standard military uniform, from which any badges or flashes marking him as a soldier were deliberately removed. Paperwork was completed signifying his dishonourable discharge from the US military as a common criminal and the US military were determined that he should die like one.

Given the delays caused by the reading of the charge sheet and death warrant and Smith being asked for his last words (he apparently had none) it took 22 minutes between Smith being taken from his cell and being certified dead by the prison doctor. Compare this with a standard British execution (minus the bureaucracy and speechifying) where 22 seconds would have been considered twice as long as was needed to do the job. Smith’s punishment, however, wasn’t done yet. Executed American servicemen were initially buried at Brookwood cemetery, but then moved to the notorious ‘Plot E’ of the Oisne-Aisne Military Cemetery in France. Plot E is deliberately hidden from the rest of that cemetery. Its residents have no names on their graves, only numbers. They have no headstones or crosses, only flat stone markers. No American flag hangs in their plot. It doesn’t appear on the plan of the cemetery even today and the markers are placed facing away from the graves of other Americans. Visits to Plot E are still discouraged and it wasn’t until a Freedom of Information request in 2009 that the names of those buried there were released.


A view of the “Dishonored Dead” in Plot E, Oise-Aisne American Cemetery. (cc) image by Stranger20824.

Whatever they may have done, and some committed truly dreadful crimes, it seems distasteful to virtually deny their existence and shame them even after death. It also denied their families and friends the chance to visit and grieve, despite the fact that they themselves had committed no crime.

That said, it’s no different to the routine imposed on condemned British criminals. In fact, the British death sentence expressly demanded that inmates be buried in unmarked graves within the prison walls inflicting the same suffering on their friends and relatives. The British hanged were officially designated ‘Property of the Crown,’ many of whom were not properly reburied until after abolition. At many British prisons they still remain in unmarked graves according to the following sentence:

Prisoner at the Bar, it is the sentence of this Court that you be taken from this place to a lawful prison and thence to a place of execution where you shall be hanged by the neck until you are dead, and that your body be afterwards cut down and buried within the precincts of the prison in which you were last confined before execution. And may the Lord have mercy upon your soul.

Remove the prisoner …

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,History,Milestones,Murder,Other Voices,Soldiers,U.S. Military,USA,Wartime Executions

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1867: Modiste Villebrun, but not Sophie Boisclair

Add comment May 3rd, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1867, Modiste Villebrun was hanged in Sorel, Quebec, in what would be the last execution before Canada became its own country. His partner in crime, Sophie Boisclair, might very well have been executed alongside him had she not been pregnant.

Villebrun, a lumberjack from St. Zephirin, was having an affair with Boisclair and they wanted to get married. They had two slight problems to deal with, in the form of their respective spouses. In those times, divorce was unthinkable. Murder, apparently, was not.

Jeffrey E. Pfeifer details their crimes in his book Death By Rope: An Anthology of Canadian Executions:

The first victim was Villebrun’s wife, and their plan seemed to work well. No one suspected foul play when the previously healthy woman died, or at least no one could prove anything. Braced by their success, the lovers soon turned their attention to Boisclair’s husband, Francois-Xavier Jutras. Boisclair suggested to her husband that they should allow Villebrun to move in with them since the death of his wife had left him all alone. Jutras agreed to his wife’s request and almost immediately Boisclair began to lace his food with her “special” ingredient. It was not long before the strychnine took effect and Jutras was dead.

Unfortunately for the two lovers, a suspicious doctor demanded an autopsy, which revealed the dead man’s body was saturated with poison. Villebrun and Boisclair soon found themselves arrested.

They were tried separately and both were convicted in short order and sentenced to death. When asked, at sentencing, whether she had anything to say, Boisclair announced she was expecting a baby. She got a temporary reprieve until delivery, and got the opportunity to watch Villebrun’s execution from the window in her cell.

Ten thousand people attended his hanging.

Seven months later, Boisclair gave birth to his child, and her sentence was commuted to life imprisonment.

“Boisclair ended up serving 20 years in the penitentiary,” records Pfeifer, “before being released, a broken woman.”

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Entry Filed under: 19th Century,Canada,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Milestones,Murder,Not Executed,Other Voices,Pardons and Clemencies,Public Executions,Quebec

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