Posts filed under 'Guest Writers'

2009: Khristian Oliver, Bible basher

19 comments November 5th, 2009 John Temple

(Thanks to John Temple, author of The Last Lawyer: The Fight to Save Death Row Inmates and journalism professor at West Virginia University, for the guest post. -ed.)

Barring a last-minute stay of execution, Khristian Oliver will be put to death late this afternoon.

(Update: Khristian Oliver has indeed been executed as scheduled. His likeness lives on in an altarpiece made by his father, an artist.)

In 1998, Oliver, now 32, shot and killed a man whose home he was burglarizing. Oliver’s guilt isn’t being questioned. The argument his attorneys and supporters are using to stave off his upcoming execution has to do with how the jurors in his case handled his sentencing.

An Oct. 15 story in The Guardian described the scene in the jury room this way:

A clutch of jurors huddled in the corner with one reading aloud from the Book of Numbers: “The murderer shall surely be put to death” and “The revenger of blood himself shall slay the murderer.”

Another juror highlighted passages which she showed to a fellow juror: “And if he smite him with an instrument of iron, the murderer shall surely be put to death.” (Apparently one of the same passages, Numbers 35:16, in fuller context.)

Juries debating this most difficult decision often reach for Biblical guidance, and there are no shortage of verses that relate to capital punishment, including the famous “eye for an eye” passage(s). Courts have ruled this improper, not because the Bible is a religious document, but because it is extrinsic evidence, meaning it was not properly introduced as evidence.

The same issue arose in the central case in my new book, The Last Lawyer: The Fight to Save Death Row Inmates.

To write the book, I shadowed a North Carolina legal team for four and a half years as they fought to overturn the death sentence of a man named Bo Jones. The attorneys crisscrossed the back roads of North Carolina to track down and interview most of the jurors from the trial, two of whom chased them off their property. In the end, the attorneys found one woman who claimed that a Baptist minister on the jury had brought a Bible into the room and quoted passages from it.

In the end, this claim didn’t help Bo Jones. A federal appeals judge threw it out, saying his lawyers hadn’t proved that the Bible-quoting had influenced the jury’s verdict. But Jones’s attorneys had plenty of other arguments up their sleeves, while Oliver’s supporters seem to be putting most of their emphasis on the Bible argument.

It remains to be seen whether this will bewas not enough to spare his life.

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Entry Filed under: 21st Century, Capital Punishment, Common Criminals, Crime, Death Penalty, Execution, Guest Writers, Lethal Injection, Murder, Other Voices, Ripped from the Headlines, Texas, Theft, USA

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1415: Bardolph, Hal’s friend

2 comments October 24th, 2009 Headsman

On this date in 1415, on the eve of the Battle of Agincourt, the young English King Henry V approved the execution of his onetime boon companion Bardolph in William Shakespeare’s Henry V.

The fictional Bardolph had been the ruddy-nosed friend of Henry’s in the Henry IV plays (Part 1, Part 2), where the hard-drinking, rabble-rousing young prince is a disappointment to the father who fears his heir will never merit the throne.

By Henry V, the boy has become the ruler, and launched an audacious incursion into France during the Hundred Years’ War.

Hal’s willingness to own the rough decisions of statecraft — in this case having his friend put to death further to his win-French-hearts-and-minds policy — is part of his coming of age as Henry V.

Whether that means Hal’s maturation into regal dignity or the corruption of his humanity by power is up to the reader.

KING

How now Fluellen, cam’st thou from the Bridge?

FLUELLEN

I, so please your Maiestie: The Duke of Exeter
ha’s very gallantly maintain’d the Pridge; the French is
gone off, looke you, and there is gallant and most praue
passages: marry, th’ athuersarie was haue possession of
the Pridge, but he is enforced to retyre, and the Duke of
Exeter is Master of the Pridge: I can tell your Maiestie,
the Duke is a praue man

KING

What men haue you lost, Fluellen?

FLUELLEN

The perdition of th’ athuersarie hath beene very
great, reasonnable great: marry for my part, I thinke the
Duke hath lost neuer a man, but one that is like to be executed
for robbing a Church, one Bardolph, if your Maiestie
know the man: his face is all bubukles and whelkes,
and knobs, and flames a fire, and his lippes blowes at his
nose, and it is like a coale of fire, sometimes plew, and
sometimes red, but his nose is executed, and his fire’s
out

KING

Wee would haue all such offendors so cut off:
and we giue expresse charge, that in our Marches through
the Countrey, there be nothing compell’d from the Villages;
nothing taken, but pay’d for: none of the French
vpbrayded or abused in disdainefull Language; for when
Leuitie and Crueltie play for a Kingdome, the gentler
Gamester is the soonest winner.

This is Laurence Olivier’s 1944 version of the scene, with the commoner Bardolph well off-camera:

… and Kenneth Branagh’s more pathos-laden 1989 interpretation, with the king wavering a moment as he locks eyes with his doomed subject, and flashing back to bygone scenes of conviviality before delivering his troop the stern lesson of his friend’s strangling:

Part of the Daily Double: Agincourt.

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Entry Filed under: 15th Century, Arts and Literature, Capital Punishment, Common Criminals, Crime, Death Penalty, England, Execution, Fictional, France, Guest Writers, Hanged, Notable Participants, Occupation and Colonialism, Other Voices, Political Expedience, Popular Culture, Public Executions, Soldiers, Summary Executions, Theft, Wartime Executions

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1283: Dafydd ap Gruffydd, Prince of Wales

4 comments October 3rd, 2009 Jonathan Shipley

(Thanks to Jonathan Shipley of A Writer’s Desk for the guest post. -ed.)

Do not cross King Edward I.

If you cross “Longshanks,” as the regal man was called, you’re in for some serious pain. And then, eventually, you’ll die, like Dafydd ap Gruffydd did this day in 1283.

It is Dafydd, a Prince of Wales, who became the first prominent person in recorded history to have been hanged, drawn and quartered.

Yes, Dafydd’s death was particularly gruesome. Having fought alongside King Edward against Dafydd’s own brother and then returning to his brother’s side attacking King Edward’s Englishmen at Hawarden Castle, made the king rather peeved.

The English conquest of Wales: end of an era.

When Longshanks got the better of him, Dafydd was dragged through the streets of Shrewsbury attached to a horse’s tail. He was then hanged, but not enough to kill him, just enough to make it awfully uncomfortable.

More uncomfortable was the emasculation.

Perhaps more uncomfortable than being emasculated was when Dafydd was disemboweled and his entrails burned before his eyes.

Then they cut off his head, which must have been a relief.

Then they cut off his limbs.

Then they parboiled his head for later viewing.

(William Wallace met the same fate from the same king a couple of decades later.)

It wasn’t always so gruesome for Dafydd ap Gruffydd, the well-to-do Welshman. Things were going quite well there for a time -– as good as a bloody power struggle with your brother can be. Prince of Gwynedd, son of Gruffudd ap Llywelyn, grandson of the mightly Llweyln the Great, Dafydd ap Gruffydd was born in 1238 under the English King Henry III. In his teens, that wily rebel, Dafydd joined one brother (Owain Goch ap Gruffydd) to challenge another brother (Llywelyn ap Gruffydd) for power. Llwelyn won at the Battle of Bryn Derwin. In 1263 Dafydd tried again, joining King Henry against his brother. In 1274 he tried once again. This time with the new king, “Longshanks.”

Things were great. Dafydd was favored by the king. He married Lady Elizabeth Ferrers, daughter of the 5th Earl of Derby. He enjoyed a manor in Norfolk, before exchanging it for another in Northampton. Indeed, it was high society living for the Welshman.

But Wales wanted independence from England. In the spring of 1282 Dafydd, with his brother (the one he tried to defeat many times before, Llywelyn) attacked an English castle. Foolish. Compelled to help his brother yet not being prepared for all-out war, Dafydd crossed the king and the king, angered, pursued him with a vengeance. Troops marched out. Fortifications (Caernarfon Castle, Conwy Castle, Harlech Castle, etc.) were thrown up to squash any thoughts of any further Welsh rebellion, and seed the future Welsh tourist industry.

Come December of 1282, Llywelyn, Dafydd’s dear brother, was lured into a trap and killed. Dafydd became prince, for a brief and stressful span, what the pursuit of the Enligh army, and a king behind it all still fuming over being backstabbed by a Welshman.

Whenever the English caught up with him, he escaped. In April he went north to Dolbadarn Castle. In May he moved to Garth Celyn. Then to a bog. It was by Bera Mountain, in said bog, that Dafydd and his younger brother Owain were captured on June 22, 1284. Dafydd’s wife was taken prisoner, as were their seven daughters, and one niece. About a week later Edward proclaimed the last of the ‘treacherous lineage’ were now his. Dafydd’s fate was then discussed by parliament.

He was condemned to death, the first person known to have been tried and executed for what, from that time onwards, would be described as high treason against the King. And treasonous blokes don’t get off very easily when it comes to a peaceful execution. No, his entrails were burned before him for “his sacrilege in committing his crimes in the week of Christ’s passion.” His body was chopped up “for plotting the king’s death.” A gentlemen by the name of Geoffrey carried out the execution of the last native Prince of Wales. His payment? 20 shillings.

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Entry Filed under: 13th Century, Capital Punishment, Death Penalty, Drawn and Quartered, England, Execution, Gruesome Methods, Guest Writers, Heads of State, History, Martyrs, Milestones, Occupation and Colonialism, Other Voices, Power, Public Executions, Royalty, Soldiers, Treason, Wales

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1726: Mary Standford, shunning convict transportation

1 comment August 3rd, 2009 Anthony Vaver

(Thanks to Anthony Vaver of Early American Crime for the guest entry, reposted from a fascinating entry in his series on convict transportation. -ed.)

Mary Standford was convicted of privately stealing a shagreen pocket book, a silk handkerchief, and 4 guineas from William Smith on July 11, 1726. After her conviction, she strongly rejected transportation to the American colonies as an alternative to execution.

Early Years

Standford was raised just outside of London by good parents who sent her to school and educated her in the principles of Christian values. Standford, however, showed more interest in the “Company of Young Men,” so she was sent to London to become a servant, where she lost several positions due to her behavior. In her last position she was seduced by a footman, which subsequently forced her into prostitution.

Standford quickly fell in company with Mary Rawlins, “a Woman of notorious ill fame,” and the two of them walked the streets between Temple Bar and Ludgate-Hill looking to empty the pockets, one way or another, of gullible men. Later, they had considerable success targeting sailors who, after returning from their voyages, had money to spend for their favors. Standford eventually married a man with the last name of Herbert, but after a year and a half she left him or, by her account, he abandoned her. Soon afterward, she had a child out of wedlock from another man, who was a servant.

Standford’s Arrest

With two mouths to feed, Standford set out to practice prostitution on her own, and it was then that she was arrested for theft. William Smith, who brought her to trial and was surprisingly frank in his testimony, related that he was walking along Shoe Lane after one o’clock in the morning when he was approached by Standford, who offered him to “take a Lodging with her.” He spent 2 or 3 three hours with her, all the while ordering drinks to be brought up from downstairs. He soon realized that he was missing money, and when he confronted Standford about it, she bolted from the room.

A constable caught Standford running away from Smith in the street. He picked up one of Smith’s guineas after Standford had dropped it, and he found another in her hand and two in her mouth. He also discovered Smith’s handkerchief and pocket book on her. In his testimony, the constable called Smith a “Country Man” and described him as very drunk at the time.

Standford’s version of the event was quite different. She claimed that Smith was drunk when she met him, and that he forced himself up to her room. There, he placed the four guineas one by one in her bosom and then threw her onto the bed. In the struggle, she speculated that his pocket book must have fallen out of his pocket, and when she discovered it after he left, she ran after him to return it. Not believing her story, the jury found her guilty, and she was sentenced to death.

A Rejection and a Defense of Transportation

After receiving her sentence, Standford’s friends pleaded with her to ask for a pardon in exchange for transportation. Standford refused, “declaring that she had rather die, not only the most Ignominious, but the most cruel Death that could be invented at home, rather than be sent Abroad to slave for her Living.”

The author of the Lives of the Most Remarkable Criminals was baffled by Standford’s position and presents a lengthy defense of the institution of convict transportation:

such strange Apprehensions enter into the Heads of these unhappy Creatures, and hinder them from taking the Advantage of the only possibility they have left of tasting Happiness on this side the Grave, and as this Aversion to the Plantations has so bad Effects, especially in making the Convicts desirous of escaping from the Vessel, or of flying out of the Country whither they were sent, almost before they have seen it. I am surpriz’d that no Care has been taken to print a particular and authentick Account, of the Manner in which they are treated in those Places; I know it may be suggested that the Terrour of such Usage as they are represented to meet with there, has often a good Effect in diverting them from such Facts as they know must bring them to Transportation, yet . . . if instead of magnifying the Miseries of their pretended Slavery, or rather of inventing Stories that make a very easy service, pass on these unhappy Creatures for the severest Bondage. The Convicts were to be told the true state of the Case, and were put in Mind that instead of suffering Death, the Lenity of our Constitution, permitted them to be removed into another Climate, no way inferiour to that in which they were born, where they were to perform no harder tasks, than those who work honestly for their Bread in England do, and this not under Persons of another Nation, who might treat them with less Humanity upon that Account, but to their Countrymen, who are no less English for their living in the New, than if they dwelt in Old England, People famous for their Humanity, Justice and Piety, and amongst whom they are sure of meeting with no variation of Manners, Customs, &c. unless in respect of the Progress of their Vices which are at present, and may they long remain so, far less numerous there than in their Mother-Land. I say if Pains were taken to instill into these unhappy Persons such Notions . . ., they might probably conceive justly of that Clemency which is extended towards them, and instead of shunning Transportation, flying from the Countries where they are landed, as soon as they have set their Foot in them, or neglecting Opportunities they might have on their first coming there, be brought to serve their Masters faithfully, to endure the Time of their Service chearfully, and settle afterwards in the best Manner they are able, so as to pass the Close of their Life in an honest, easy, and reputable Manner; whereas now it too often happens, that their last End is worse than their first, because those who return from Transportation being sure of Death if apprehended, are led thereby to behave themselves worse and more cruelly than any Malefactors whatsoever (Vol. III, pp. 287-289).

The author’s cheery account of life as an indentured servant in the American colonies certainly makes transportation sound like a compelling alternative to execution. The reality of life overseas under such conditions, though, does not match this picture, and some criminals valued their liberty over enforced servitude, even if it meant their own death.

Execution

In his account of her execution, James Guthrie, the minister at Newgate Prison, described Standford as “grosly Ignorant of any thing that is good.” He went on to say that “she was neither ingenious nor full in her Confessions, but appeared obstinate and self-conceited.” Standford continued to maintain her innocence in the affair with Smith, and she appeared indifferent about the fate of her child, expressing to Guthrie the hope that the parish would take care of it. Guthrie claimed, however, that “she acknowledg’d herself among the chief of Sinners.”

Mary Standford was executed on Wednesday, August 3, 1726 at Tyburn. She was 36 years old. Executed alongside her were 3 other criminals. Thomas Smith and Edward Reynolds were both sentenced to die for highway robbery. John Claxton, alias Johnson, was put death for returning twice from transportation before his 7-year sentence had run out.

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1947: Willie Francis, this time successfully

4 comments May 9th, 2009 Gilbert King

(Thanks to Gilbert King, author of The Execution of Willie Francis (book site), for the guest post, the second of two. Read the first here.)

On May 9, 1947, Willie Francis was executed in the same electric chair that he had walked away from a year and a week earlier, when a drunken prison guard and trustee bungled the wiring. Willie’s story had made front-page headlines around the country as the United States Supreme Court grappled with questions about what the State of Louisiana was permitted to do with regard to double jeopardy and cruel and unusual punishments.

One of the things that drew me to this story as I was working on my book, The Execution of Willie Francis, was the shroud of secrecy that surrounded the Willie Francis case.

Willie was accused and convicted of killing 53-year-old Andrew Thomas, a Cajun pharmacist who was something of a mystery to the people in the small town of St. Martinville, Louisiana. Thomas’ brother Claude was the town’s chief of police, and Willie was convicted by twelve Cajun jurors and sentenced to death by a Cajun judge. His court-appointed attorneys neither called nor cross examined any witnesses, and did not even make a case in defense of their 16-year-old client.

The prosecution based its entire case on a confession obtained while Willie was in police custody without the aid of a lawyer. In this confession, Willie wrote, “it was a secret about me and him,” which was never explained. It was obvious to me that there was more to Willie’s story than the version presented in trial and to the public.

In my research, I came across a photograph taken on the evening Willie had survived his own execution. He’d been brought back to his cell, and the sheriff allowed reporters and a photographer to visit with Willie, where he told them that death tasted “like peanut butter” and looked a lot “like shines in a rooster’s tail.” The photographer asked for a few pictures, and Willie, holding his dog-eared Bible, stood in front of a dull pink wall. The flash fired.

This picture was never used by any of the newspapers. There was a lot of glare on the wall, and the photographer had gotten a much better one of Willie smiling — the picture that ended up on the front page of many newspapers the next day. But there was some writing on the wall image that was barely legible. I scanned it onto my computer and ran it through Photoshop, adding contrast and burning and dodging until the words could be read. The handwriting matched Willie’s.


Detail of the enhanced photograph. Click for the full image.

Not surprisingly, the sheriff had testified under oath that Willie had confessed to killing Andrew Thomas in writing on the wall of his cell a month before he was scheduled to die in the chair. But the Sheriff had also taken Willie’s words out of context, reading only select portions of the writing, and mischaracterizing others. In fact, Willie Francis, just as he had when he wrote in his confession that “it was a secret about me and him,” alluded to something different than the robbery-turned killing prosecutors accused him of. Willie wrote, “Practically I killed Andrew by accident. It will happen once in a life time”

Only two people know the truth about that fateful confrontation at the house of the Cajun bachelor and the black teenager who once worked for him. Both are dead, and the official story does not ring true. Willie Francis never denied killing Andrew Thomas. But he disputed the prosecution’s accusation that he was trying to rob the pharmacist. “I wasn’t after money,” Willie insisted to a reporter before he went to the chair a second time. Yet he would never elaborate, and took whatever “secret” there was between him and Thomas to his grave.

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Entry Filed under: 20th Century, Capital Punishment, Children, Common Criminals, Crime, Death Penalty, Diminished Capacity, Disfavored Minorities, Electrocuted, Execution, Guest Writers, History, Louisiana, Murder, Notable Jurisprudence, Other Voices, Racial and Ethnic Minorities, USA

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1861: Paula Angel … but why?

2 comments April 26th, 2009 Headsman

Thanks to Laura James for the guest post, which originally appeared on her outstanding blog CLEWS Nov. 9, 2005. Laura’s first book, The Love Pirate and the Bandit’s Son, hits the shelves on May 5.

It’s not clear today how old she was — nineteen, maybe, or twenty-six, or twenty-seven — the reports all differ. It’s not even clear what her true name was: Paula Angel by most accounts, but she was also called Pablita Martin. But the most pressing questions, still unanswered nearly 150 years after her execution, are why she was hanged in the first place and how the sheriff managed to bungle the job so badly.

Paula Angel was the first and last woman ever executed in New Mexico (while it was yet a territory). Her crime: she stabbed her married lover, Juan Miguel Martin, to death when he tried to end their affair. Her execution was on April 26, 1861, in San Miguel, now Las Vegas.

Anyone familiar with historical crimes and trials, particularly those involving women, will marvel at such an outcome. A capital conviction for stabbing a lover, a crime passionel? That’s certainly not the outcome one would expect for that era (or this era, for that matter; today we’d label it second-degree murder at worst).

One explanation for Miss Angel’s hanging is that the newspapermen never got the story. Decades later, the wire services circulated very brief accounts of her trial and execution under headlines such as “The Story The Newspapers Missed.” So she may well have lacked the greatest champion anyone facing a murder charge can have: public opinion — the verdict of the greater jury. Throughout the nineteenth century, there was a universal revulsion for the execution of women, no matter what their crime, and judges and juries were anxious to find a reason to acquit a woman.

But the authorities in New Mexico Territory were eager to see her hanged. The accounts that survive today report that the jailer taunted her every day leading up to her execution — “I’m going to hang you until you’re dead, dead, dead,”* is the quote attributed to the sheriff.

What was her social status? Was she a prostitute? Was she a violent menace to the community? Had she committed other terrible acts? Was she unrepentant? Did she sullenly testify at her trial and put in a poor appearance on her own behalf? Most importantly, was she ugly? The accounts available today don’t say.

When it came time to launch Angel into eternity, the sheriff did not build a gallows. He selected a sturdy cottonwood tree outside of town. Paula Angel was driven there on a wagon, forced to ride on her own coffin to the site of her execution, which was witnessed by ranchers and townsmen. The sheriff fixed the rope to the tree, garlanded her with hemp, and then resumed his seat on the wagon and hawed the horses. But he’d made an error. He forgot to tie her hands behind her.

Paula Angel managed to get her fingers underneath the rope in a last pitiful effort to save her own neck, and she struggled on the end of the rope. It must have been an awful sight to see. The crowds surely voiced loud complaints. The sheriff was forced to put the wagon beneath her a second time, to cut her down, retie the rope amid the jeers and catcalls, properly secure her hands and feet, and to repeat the process. She did not survive her second hanging.

And there hasn’t been one woman executed in New Mexico since. Rarely has any woman from that state even faced the possibility, though a few years ago Linda Henning nearly became the second woman executed there — and she certainly deserved it. Fans of Court TV will recognize the name, since Court TV has rebroadcasted Henning’s bizarre trial more than once. She was tried for the cooly planned and bloody murder of Girly Chew Hossencofft, the estranged wife of her boyfriend, in one of the weirdest trials of the century. But the jury rejected the death penalty. The reason Henning agreed to involve herself in the murder of a woman she had not even met: Henning was convinced that Girly Chew was a reptilian alien queen from another galaxy.

You read that right: an alien queen from another galaxy. You can’t make this stuff up.

***

Recommended reading: Death on the Gallows : The Story of Legal Hangings in New Mexico, 1847-1923 by West Gilbreath (High Lonesome Books, 2002).

For the stories of the men executed in New Mexico see the excellent compilation by Mark Allan of the Angelo State University Library. [Note: link updated from Laura's original post. -ed.]

For more on the Hossencofft case see the website of author Mark Horner.

* [Shades of Billy the Kid. Maybe it was something lawmen said to lend it that Wild West atmosphere. -ed.]

[Former New Mexico state historian Robert Torrez unpacks the Paula Angel story and reprints a corrido (folk ballad), "La Homicida Pablita" written by her cousin in Myth of the Hanging Tree. -ed.]

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1699: William Chaloner, Isaac Newton’s prey

1 comment March 22nd, 2009 Thomas Levenson

(Thanks to Thomas Levenson of the Inverse Square Blog. Prof. Levenson is head of the Graduate Program in Science Writing at MIT, and author of the forthcoming Newton and the Counterfeiter.)

Early in the morning of March 22, 1699, William Chaloner raged.

Chaloner, a convicted coiner, refused the Newgate Jail Chaplain’s plea to show proper penitence, shouting with “more Passion than Piety,” of his wronged state and unmerited destination (according to his anonymous biographer in the one surviving account of his life). In time, he calmed sufficiently to accept the sacrament, and so proceeded to the execution convoy to be borne from Newgate to the hanging tree at Tyburn (now Marble Arch, just to the west of the old City of London).

There Chaloner’s fury mounted again, and he shouted to the crowd, drawn as always to the spectacle of public hanging days, that “he was murder’d … under pretence of Law.” He mounted the ladder to the top of Tyburn’s gibbet. He prayed, and then pulled the hood over his eyes without aid. When the moment came, the executioner’s men pulled the ladder out of the way and Chaloner dangled, twitching and jumping (the “hangman’s dance”) as long as it took –- minutes, at least — for life to choke out of him. Richer men often paid the hangman to pull on their legs to speed death. Not the destitute Chaloner. He had to choke till he drooped, to the greater amusement of the crowd.

The investigator who had sent Chaloner to the noose was not present; or at least nowhere in his copious notes and letters did he admit to curiosity about the fate of a man whose pursuit occupied him for almost three years. The Warden of His Majesty’s Mint had more pressing duties to perform, and so Isaac Newton allowed the date of Chaloner’s death to pass unmarked.

Isaac Newton? That Newton?


Appropriately, Newton himself wound up on the currency.

The accidents of place and time that brought the man who was recognized in his own day as the greatest mind of the age into conflict with Chaloner, an uncommonly gifted common criminal have fascinated me since I first learned of them through reading Chaloner’s last, piteous letter to the implacable Newton, written days before the hanging. In it Chaloner begged, writing “O dear S[i]r nobody can save me but you O God my God I shall be murderd unless you save me.”

What I wanted to answer was the obvious question: how and why did Isaac Newton come to pass judgment on the life of any other man? I had always thought of him as the nearly cloistered scholar of Trinity College, Cambridge, his home for more than thirty years. It was there he performed the experiments and the calculations that led him, in 1687, to write his masterwork, Philosophiae naturalis principia mathematica the Mathematical Principles of Natural Philosophy — better known simply as the Principia -– as well as pursuing his decades-long program of alchemical research.

So how, I wondered, did he end up in London, wallowing in the muck with the capital’s criminal underground?

Not to put too fine a point on it, finding out has turned into a book Newton and the Counterfeiter, published by Houghton Mifflin Harcourt and scheduled for release on June 4. But, to anticipate that longer story, here is the gist: Newton, after Principia found himself an international celebrity, and, as one of Cambridge University’s representatives to the Convention Parliament of 1689 that legitimized William of Orange’s seizure of the English throne from the deposed Stuart King James II, he had nearly a year to enjoy the acclaim of London and Europe’s thinking and political elites before returning to the quiet of Cambridge, then a small town of about 5,000 inhabitants. It was an intellectual backwater too, especially compared to the big city in which he encountered figures like Robert Boyle, John Locke, Robert Hooke (whom he despised), Samuel Pepys (whom he did not) and so on. So he started, with Locke’s help, to seek a patronage appointment that would allow him to live comfortably in London. It took six years to find the right one, but ultimately he was offered the Warden’s post at the Mint. That job was supposed to be a sinecure, a nearly no-show position that would pay him a very comfortable wage.

And so it would have turned out were it not for the terribly debased state of England’s silver coinage, which had deteriorated to about half its legal weight for a whole host of reasons. So Newton arrived at a time when (a) the Mint was attempting to recall and recoin the entire stock of silver money for the entire country –- all the smaller units of money essential to everyday transactions –- and (b) coining, counterfeiting, was flourishing as enterprising men and women set out to get rich by filling in the gaps in the money supply with coins that never felt the stamp of an official Mint die. As Warden, it became Newton’s duty to see that legal money was produced fast and fairly, and to pursue all those who set up on their own.

Of those who did none were more technically skilled or ambitious than William Chaloner. His is a fascinating story, told at much greater length in my book, in which you see the currents of rapid economic change, class and ambition all converge within this one, barely remembered life. He was born desperate poor, a weaver’s son in Lincolnshire. He ran from his first apprenticeship to London, where he started out at the very bottom of the criminal ladder, hawking porn on street corners. He rose rapidly, first with his clearly impressive gift of gab, and then, after falling in with someone who knew how to gild surfaces, as the central figure in a series of ever grander schemes to counterfeit gold and silver money. He had sidelines as an informer, betraying conspiracies that he would himself set up, but his central gift and fascination was in the creation of fakes. Ultimately, he was one of the first to recognize the power of paper, and he started to counterfeit a variety of the early experiments with paper money and bank instruments.

In this sense Chaloner’s career –- and Newton’s urgent pursuit of him –- offer a window into the birth of the modern idea of money, of finance. And one of the things that fascinated me about this case is the degree to which this old story tracks some of our immediate problems. England’s and Europe’s economies were in rapid revolution in the late seventeenth century. The old idea of money as a chunk of metal with a pretty picture on it could no longer come close to accommodating the kind of enterprises governments and individuals wanted to undertake, from war to the funding of global webs of trade. And so people came up with all kinds of different ways of trying to represent value and exchange and even the idea of the changing worth of an investment over time. And the people making these experiments did not fully understand the implications of each expedient they tried. The last piece of paper Chaloner counterfeited was called a Malt Lottery Ticket, and it was at once simply paper money, a bond, and a gamble. Traders attempted to value these kinds of things in embryonic financial markets -– which would in a couple of decades blow up in a financial collapse that possess some striking similarities to our current predicament. Newton himself would lose a considerable fortune in that collapse, a sum worth a couple of million pounds, maybe more, in 21st century money.

It was that sense of precariousness that made the pursuit of counterfeiters so urgent in the midst of the late 17th century; England’s money supply was genuinely at risk, and no one had a good grasp of what it would take to make both the daily experience of small transactions and the high finance of war and trade go smoothly. So anyone threatening either or both levels of money was public enemy number one.

Of those who tried their hand at currency crime, Chaloner was the most accomplished, and notorious. By his own admission he counterfeited on the order of 30,000 pounds worth of currency over a seven- or eight-year career, an enormous fortune for the day. His big mistake, though, was to challenge Newton directly, accusing him in public of incompetence or fraud in his management of the recoinage of silver money between 1696 and 1698. He laid that charge both in testimony to Parliament and in a pamphlet he had printed for public distribution, and the scandal could genuinely have wounded Newton, were it not for the influence of his friends in power in Parliament at the moment.

It was enough, certainly, to propel Newton into an extraordinary investigation, an exercise of what may be seen as true non-fiction scientific detection. He set up a net of agents and informers throughout the worst neighborhoods and pubs in London, tracking any instance of coining he could find, interrogating suspects at the Tower or in jail, trying to build a web of connections around Chaloner. That story is contained within a collection of several hundred depositions and summaries of interrogations, all signed by Newton, that have survived, largely unexamined until now. Those records show that it took Newton almost two years in all, but aided in the end by listeners whose lives he held at his disposal inside Chaloner’s cell at Newgate, he managed to collect a sufficient weight of testimony to ensure that he could convict a prisoner clever enough to have escaped several previous attempts at prosecution.

The trial itself was something of a sham. Chaloner had feared being charged on the Malt Lottery Ticket forgery, (as we know from the accounts in Newton’s files of informers in the cells) but Newton actually presented evidence of a coining spree that almost certainly did not take place as described. Among other confounding facts, Chaloner was supposed to have made six different denominations of both silver and gold coins in a single day, which would have involved an enormous confusion of tools and materials that ran counter to basic counterfeiting practice.

No matter: the sheer volume of precise detail that Newton’s witnesses were able (or convinced) to provide produced a conviction within a very short time –- the whole trial took no more than an hour or so on March 3, 1699. There was a truncated appeal process -– really just a request for clemency from the crown, which was denied, and Chaloner’s sentence came down.

Formally, he had been found guilty of high treason, an assault upon the crown in the form of the king’s likeness and authority represented on the face of England’s coins. The punishment for high treason was essentially that suffered by William Wallace of Braveheart fame: to be strangled to the point of death, to be disemboweled whilst still living, to be beheaded and then quartered. By the date of Chaloner’s execution, the punishment had eased this far: convicted coiners were drawn to the place of execution on a rough sledge, subject to all the filth and abuse London’s open-sewered streets possessed; then hung until dead, and then, on rare occasions, to suffer post-mortem dismemberment. Chaloner himself was not, so far as any records revealed, actually cut into pieces. (As a gesture to public decency, women convicted of coining or other capital crimes were not supposed to be hung, lest their twitching at rope’s-end seem lewd. So they were burnt instead – though by the eighteenth century it was common to strangle them to death before lighting the pyre. Mercy, after the fashion of the times.)

One last note in a post gone much too long: Newton was involved in a number of counterfeiting investigations, and by some reckonings at least two dozen people went to their deaths as a result. Some historians, notably Frank Manuel, have speculated that Newton pursued this work with implausible eagerness, out of a kind of frustrated blood lust born of his abandoned and unhappy childhood.

This seems to me to be nonsense. The specific historical context matters here: Newton did not author the bloody code, nor did he send everyone he could to the gallows. Rather, the record of his depositions shows him to be simply a relentless practical man doing his job. He used little fish to catch big fish, and at least some of those low on the ladder received their escape from the gibbet. What you can see here, surprisingly, is the birth of a modern idea of a civil service. The Warden -– even Isaac Newton — was simply a man in a job doing the functions of that job, which included organizing the investigation and prosecution of counterfeiters.

What’s striking, of course, is that this civil servant, this bureaucrat, happened to possess the greatest scientific mind in history. And that’s the real sting in this tale. There is a connection between Newton’s pursuit of counterfeiters and his attempts to understand nature. He did employ the same resources of concentration and logical organization in his criminal investigations that he did when he tackled any problem. But more than the commonality of work habits, there is, I think this link: Newton can be seen as many people: the mathematician, the theoretical physicist, the empirical experimentalist, the alchemical mystic, the heretically devout religious thinker –- and the government functionary too.

And yet he was, of course, a single man, one with many interests, but ultimately with a consistent ambition, to reduce to order the complexity of any problem which was posed to him. Newton did not expect as Warden to have to chase crooks; when he found out that was part of the job he wrote a rather whiny letter to the Treasury to see if he could wriggle out of the duty. When he found he could not, he responded as he always had to the job at hand.

As one consequence, on this day three hundred and ten years ago, William Chaloner died.

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Entry Filed under: 17th Century, Capital Punishment, Common Criminals, Counterfeiting, Crime, Death Penalty, England, Execution, Guest Writers, Hanged, History, Notable Participants, Notable Sleuthing, Other Voices, Pelf, Public Executions

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1542: Kathryn Howard, the rose without a thorn

13 comments February 13th, 2009 Lara Eakins

(Thanks to Lara Eakins of the TudorHistory.org Blog for the guest post. -ed.)

On this date in 1542, Henry VIII’s fifth queen, Kathryn Howard, was beheaded in the Tower of London for high treason. She was the second of Henry’s queens to face this fate, the other being Kathryn’s first cousin Anne Boleyn.

This Hans Holbein miniature is generally thought to be Kathryn Howard, though the identification is uncertain. From the TudorHistory.org blog Kathryn Howard gallery.

Kathryn Howard* was born sometime between 1518 and 1524 to Lord Edmund Howard (a younger brother of Thomas Howard, 3rd Duke of Norfolk) and his wife Joyce Culpepper. Joyce died while Kathryn was young and her father took a post in Calais, leaving Kathryn in the charge of her step-grandmother, Agnes Tilney the Dowager Duchess of Norfolk. The Duchess oversaw Kathryn’s education, but apparently didn’t keep as close an eye on other aspects of the girl’s life.

Kathryn’s first physical relationship that we know of occurred in around 1536 with her music teacher Henry Manox. In her later confession she told of “the fair and flattering persuasions of Mannock, being but a young girl, suffered him at sundry times to handle and touch the secret parts of my body…”. In late 1538, Kathryn began a sexual relationship with Francis Dereham, which was to become part of her downfall as Queen.

The next year, 1539, Kathryn took a position at court, becoming a maid of honor for Henry’s soon-to-be fourth Queen, Anne of Cleves. The Dowager Duchess of Norfolk later recalled that Henry first took notice of Kathryn at Greenwich in December of 1539 during the preparations for Anne’s arrival. Henry was famously disappointed by his new foreign bride and by early July 1540 the marriage was annulled. During the short marriage to Anne of Cleves, Henry had already begun to send gifts to Kathryn and took her as his fifth Queen on July 28th at Oatlands Palace.

Henry was 49 years old and Kathryn was no older than 22 (and more likely around 19). For all that can be said against this match, the vivacious young girl brought back some of Henry’s zest for life. The King lavished gifts on his young wife and called her his ‘rose without a thorn’ and the ‘very jewel of womanhood’.

Thomas Culpepper, a distant relation of Kathryn’s through her mother, sought favor from the Queen in early 1541 which was probably when their secret meetings began. Their rendezvous were aided by Kathryn’s lady of the privy chamber, Jane Boleyn, sister-in-law to the late Queen Anne Boleyn through Jane’s marriage to Anne’s brother George.** Also at this time, Francis Dereham returned to England from Ireland and gained a position in Kathryn’s household, possibly arranged to keep his silence about their earlier relationship.

During the summer of 1541, Henry and his young queen went on progress to the north of England and returned to Hampton Court on October 29. Just a few days later everything would begin to unravel. On November 2, Archbishop Cranmer sent a letter to the King telling him of his wife’s previous lovers. Henry seemed reluctant to believe the charges at first, but upon the questioning of Dereham and Manox –- who confirmed the allegations –- Henry left Kathryn at Hampton Court and returned to London. He never saw her again.

During the interrogations of the men, Francis Dereham said that Thomas Culpepper had replaced him in the Queen’s affections. Kathryn was presented with these new allegations and admitted to secret meetings with Culpepper (as well as the relationships with Manox and Dereham before her marriage), but denied that a sexual relationship had existed between them. Culpepper was imprisoned in the Tower of London and Kathryn was moved to the former abbey at Syon and deprived of her queenship.

Dereham and Culpepper were found guilty of treason on December 1 and were executed on December 10. Dereham was hanged, disemboweled, beheaded and quartered at Tyburn. Culpepper fared better, owing to his status, and was only beheaded. The former queen and her lady Jane Boleyn never faced a trial for their actions but instead had acts of attainder passed against them. On February 10, 1542, the ladies entered the Tower of London to await their executions.

Kathryn was told on the 12th that her execution would be the next morning and according to Imperial Ambassador Chapuys, she rehearsed the execution for several hours and even requested that the block be brought to her so she would know how to place her head. A merchant named Ottwell Johnson was an eyewitness to the execution on the morning of the 13th and wrote in a letter to his brother that Kathryn and Jane both “made the most godly and Christian end” and that Kathryn, in her scaffold speech, said that her punishment was worthy and just. (The letter is among period correspondence printed in this public-domain book.)

Kathryn’s head was struck from her body with one stoke of the axe, as was Jane’s, a merciful outcome compared to other ladies who shared their fate, such as Margaret Pole and Mary Queen of Scots. Kathryn and Jane were both quickly buried in the Chapel of St. Peter ad Vincula in the Tower precincts, joining Henry’s other beheaded queen, Anne Boleyn and Jane’s husband, George.

* Or Catherine Howard, or Katherine Howard, or Katheryn Howard. Spelling at the time, even of proper names, was fluid.

** Jane Boleyn, Lady Rochford, is popularly supposed to have supplied the explosive incest allegation against her husband, George Boleyn, and his sister Anne Boleyn. Being subsequently hoisted on her own petard in the game of courtly purging, she tends to get short shrift in the sympathy department — though the fact is that we really don’t know much about her.

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

8 comments January 31st, 2009 dogboy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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2001: Larry Keith Robison

2 comments January 21st, 2009 Kristin Houle

(Thanks to Kristin Houlé of the Texas Coalition to Abolish the Death Penalty for the guest post, adapted from her Mental Illness and the Death Penalty Resource Guide (pdf link). Kristin blogs at Prevention Not Punishment. -ed.)

A mentally ill man who had been refused treatment because his condition had not yet turned him violent suffered lethal injection in Texas eight years ago today for finally turning violent.

Larry Robison was diagnosed with paranoid schizophrenia at the age of 21, three years before the murders for which he was sentenced to die. He began hearing voices and acting strangely as a teenager, claiming to have secret paranormal mental powers and the ability to read people’s minds and move objects from a distance. He joined the Army but was discharged after only a year.

Robison’s parents sought help and warned mental health authorities of their son’s erratic and increasingly aggressive behavior, but were told that the state could offer no resources unless he turned violent. He was shuffled in and out of mental hospitals, admitted after aggressive behavior and released after a period of medicated passivity. He received no regular, ongoing treatment. Robison was not covered by his parents’ insurance, nor did he have his own.

Robison claimed that voices in his head, which came through the clocks in his room, spewed out warnings about Old Testament prophecies of the Apocalypse and told him to murder, behead, and mutilate his roommate, Bruce Gardner. Robison then went next door and murdered four of his neighbors. When authorities arrested him, he told them that he had committed the murders in order to “find God.”

The four prosecutors developing the case against Larry Robison recognized his past history of mental illness and were willing to accept an insanity plea in exchange for life in a mental institution. The Tarrant County district attorney overruled them, however, and ordered them to seek a death sentence. In the courtroom, most evidence of Robison’s mental illness was ruled inadmissible, so the jury heard little of it. None of the three doctors who had diagnosed Robison before the crime as suffering from paranoid schizophrenia were called to testify at his trial. The jury rejected his plea of not guilty by reason of insanity.

Once in prison, evidence of Robison’s mental illness continued to accumulate. The Texas Court of Criminal Appeals stayed his execution at one point, doubtful as to whether or not he was competent to be executed. When asked what the execution would be like, Robison replied that he felt like “a little kid at Christmas time waiting for Santa Claus to come.” Eventually, he demanded that his lawyers cease filing appeals based on his mental illness, but only if the state agreed to execute him on the night of a full moon. Despite protests from mental health organizations and concerned citizens throughout the world, the state complied.

Larry Robison’s case drew attention largely as a result of the tireless efforts of his own family, taking a public profile unusual for the family of the condemned. CBS News’ 48 Hours profiled the Robisons shortly before Larry’s execution. They continue to maintain a website, larryrobison.org; mother Lois Robison remains a vocal critic of executing the mentally ill, and delivered this address to a Murder Victims’ Families for Human Rights conference last fall.

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