Posts filed under 'Interviews'

1993: Mohamed Mustafa Tabet, serial rapist with a badge

Add comment August 9th, 2008 Headsman

On this date in 1993, the police chief of Casablanca was shot in Kenitra Central Prison for abuse of power.

Mohamed Mustafa Tabet (or Tabit) wasn’t exactly Captain Renault.

While Morocco still has prisoners on death row, Tabet’s was the first execution actually carried out in 11 years, and it’s the last execution in Morocco to date. He went on the rocket docket, just five months from his arrest to standing up against a wall.

To earn that rare distinction, Tabet exploited his official power to rape or sexually exploit hundreds of women. Tabet confessed to some 1,500 victims over 13 years; the minimum figure matches the 518 personal identity cards found in his apartment. (Also found: 118 video cassettes — many of them violent — and a computer list of his crimes.)

The “Tabet Affair” — actually called “Tabetgate,” proving that the United States retains the power of exporting ideas — opened a discomfiting window on gender and power in Morocco.

Webster University Prof. Don Conway-Long was in Morocco at the time researching gender and masculinity for his dissertation. His paper “Sexism and Rape Culture in Moroccan Social Discourse” (pdf) is probably the most illuminating readily-available English* document on the affair — and the many contradictory reactions it drew from contemporaries, and the pressure it put on the government to contain the fallout as “a morals case, instead of looking further into overall police corruption.”

Prof. Conway-Long was good enough to spare Executed Today a few minutes to explore power and gender in Morocco, then and now.

ET: The scale of the crime spree seems just unimaginable, that he could get away with victimizing hundreds upon hundreds of women.

DCL: And not that many came forward! It was just a couple of women. If it’s difficult to talk to rape and sexual assault survivors here [in the U.S.], it’s exponentially harder in Morocco.

You were in Morocco in the years leading up to this trial. What was the country like in terms of its gender outlook?

It’s more like our 1950’s in terms of the attitudes towards women. Some educated professors at one point were laughing at the idea that a man could be charged with raping his wife in the West. In some ways, attitudes in Morocco are maybe 20 years behind what we see in the West. We had that same conception in the 1950’s — Missouri actually finally changed that law in 1993. [See here and here -ed.]

Morocco was also probably one of the most liberal countries of the Muslim world in the sense of being more closely connected to the West. Morocco has had more openness, more tourism.

How did the Tabet case impact women’s position?

[In 1995,] about a year after I left, a battered women’s shelter was set up in Casablanca, the first one in Morocco. By comparison, our first shelters in the U.S. and U.K. were set up in 1971, 1972.

In 2004, they passed a new family law that changed a lot of the freedoms that women have — e.g., women can ask for divorce, and don’t have to obey their husbands.

But I have no idea if you can claim there’s any causal relationship between the discovery of Tabet’s crimes and these later events. At the time, some men thought he was this great sexual hero, very virile.

So what lies ahead?

The old king died in 1999; his son Mohammed VI is in there now and he’s young and more aware and one of the rising stars of the monarchs of the middle east, like the king of Jordan. His [Mohammed's] head is on the right way, but running a country like this with so much variation — there’s 50% illiteracy, the Western Sahara conflict, a certain level of Islamist opposition, and around twenty political parties all the way out to the Communists.

So there’s no certain future, absolutely not.

As far as cases like Tabet’s — let’s hope it’s not happening still, but Morocco when I was there was a place where you pass six different kinds of uniforms walking down the street with Uzis that would be pointed at your body as you passed.

* There’s more in French and Arabic.

Entry Filed under: 20th Century, Capital Punishment, Crime, Death Penalty, Execution, History, Infamous, Interviews, Milestones, Notable Sleuthing, Other Voices, Rape, Scandal, Shot

1803: Edward Marcus Despard, a patriot without a nation

4 comments February 21st, 2008 Headsman

On this date in 1803, during an era ruled by an Empire’s rough assertion of security against instability abroad, Britain hung its liberal-minded former governor of Belize — along with six others — for treason.

Book CoverThis ought-to-be-memorable occasion lies half-lost in time’s shifting sands, retrieved in part only by the oddity of being the last sentence of drawing and quartering handed down in Britain. (The sentence was moderated to simple hanging and posthumous beheading.)

But there was much more to be said about Despard than his sentence. Today, Executed Today is pleased to feature Col. Edward Marcus Despard as remembered by his biographer, Mike Jay.

Guest-posted here with permission is the prologue to his The Unfortunate Colonel Despard. (A chapter on Despard’s remarkable — perhaps, at the time, unique — marriage to a black woman is also available on MikeJay.net.) Following the prologue is an Executed Today interview with the author.


The day Colonel Edward Marcus Despard was executed was one of the most dramatic, and strangely forgotten, in British history. In this, as in much else, his death mirrored his life.

He was to be publicly hung, drawn and quartered for high treason, a punishment which had barely been carried out in London within living memory. Its most vivid associations were still with the Jacobite rebellions over fifty years before: the days when the British state’s greatest fear had been that a Catholic monarch might seize the throne. Those days were now long gone and, many thought, the old ceremony with them; Despard, as it turned out, would be the last person on whom the sentence would ever be passed. As specified by the Lord Chief Justice, the Colonel and his six confederates were ‘to be drawn on a hurdle to the place of execution, there to be hanged by the neck, but not until you are quite dead, then to be cut down and your bowels taken out and cast into the fire before your faces; your heads to be taken off and your bodies quartered’.

Intimations of the drama had already begun to transform the city the day before: Sunday 20 February 1803. At first light, carpenters had begun to assemble scaffold and gallows, large enough to accommodate the seven men, on the roof of Surrey County Jail in Horsemonger Lane, just south of the Thames in Southwark. The jail was a plain barracks-style building, recently constructed to replace the old prison which had been torn down in the Gordon Riots some twenty years before. The roof had been built flat for precisely this purpose, and this was the first occasion for its use. The main gates of the jail opened to admit seven plain wooden coffins.

According to contemporary witnesses, even as the preparations began, ‘vast multitudes of people immediately began to assemble’. It was noted that the throng consisted ‘chiefly of the lowest of the vulgar’, but that, unusually for a public execution, ‘a considerable number of persons of genteel appearance were observable’. The forces of law and order, too, were out in unprecedented force. Every single member of the Bow Street police patrol, the other London patrols at Queen Street, Marlborough Street and Hatton Gardens, and a ‘numerous tribe’ of petty constables from the outlying London boroughs, were placed on duty. The jail and its surrounds were emphatically staked out, surrounded by a cordon two officers deep. All ‘the public houses and other places of resort for the disaffected’ bristled with police. A detachment of mounted Horse-Guard cavalry clopped into Horsemonger Lane; all the infantry regiments in the city, at the Tower of London and Knightsbridge Barracks, were placed on the highest alert. The head keeper of the jail was issued with six sky rockets, each containing a pound of explosives, ‘to be let off as a signal to the military, in case of any disturbance’. London’s entire martial forces were instructed not to leave their posts until the danger was past.

The impending execution had dominated the news all week. The Times had led its news pages with testy dismissals of the rumours which were spreading around the city: that Despard and his confederates were being cruelly chained together, that they were being tortured for their confessions, that a last-minute reprieve was in the air. It was beginning to dawn on the authorities that the graphic medieval ritual they had scheduled might be counterproductive, inflammatory and unpredictably dangerous. The Police Magistrate of Southwark had expressed grave concerns, pointing out that the question which had been on the common people’s lips during the week was ‘When are these poor men to be murdered?’. It had been hard, apparently, even to find labourers prepared to erect the scaffold. When the warrant for the execution was issued on the morning of 20 February, it became clear that these anxieties had led to a change in the sentence. Exercising their statutory discretion, the magistrates announced: ‘we have thought fit to remit part of the sentence, viz. the taking out and burning their bowels before their faces, and dividing the body severally into four parts’. Despard would now be drawn –- to the place of execution on a carriage without wheels –- hung until dead, and then beheaded. The Observer commented with relief that ‘the cutting out of the heart of the malefactor, quartering &c is very humanely and properly to be dispensed with’.

On the day of the execution, 21 February 1803, the pace quickened long before dawn. ‘A vast number of police officers’ were soon massively outnumbered by the spectators streaming through the bitter cold and darkness. Southwark was a hard area to police at the best of times, a hinterland to the city of London proper dominated by the unedifying activities which were prohibited across the Thames. A warren of timber shacks among the marshy waste ground and garbage landfills, it had long been a teeming red light district; in recent times it had become dominated by malodorous and insanitary industries — distilleries, tanneries and vinegar mills — which were forced south of the river by City of London edicts. It also had a long history of insurrection. In 1381, Wat Tyler had led the Peasant’s Revolt through the same streets; in 1450, Jack Cade had set up camp here with his Kentish rebel army. Despard’s sentence of high treason had more powerful resonances with this period than it did with the freshly-minted nineteenth century. Most of the crowd had never seen a treason execution; now, jostling to witness one, they were passing shops selling roller-skates, umbrellas, toothbrushes, matches, alarm clocks, condoms, Twining’s Tea and Pears’ Soap. Part of the appeal of the spectacle must have been this lurid collision of the old and the new; part, also, the uncertainty on all sides as to whether the crowd had really assembled only to stand and watch. It was widely rumoured that the execution would not take place as scheduled — or, if it did, that the main event would turn out to be an entirely unscheduled one. The people of London had rioted countless times over much less — and, given the nature of Despard’s alleged crime, there were an unknown number among the crowd who might attempt to turn a riot into a full-scale revolution.

The character of execution crowds seems, as with most crowds, to have been largely in the eye of the beholder. For many, they were simply the scum of society: crude, vulgar, leering, gawping, sadistic. For others, though, they were the salt of the earth, good men and true come to witness and legitimise the exercise of state power. Despite the rough spectacle that they presented, they were often visibly civic-minded: rescuing stranded children, or crying ‘shame’ if one of their number insulted a woman. The beholder’s view of such crowds tended to reflect their attitude to public execution itself, as the most graphic and visceral demonstration of the ultimate power of the state. There were many who were already campaigning for its abolition on the grounds, as one put it, that ‘the real effect of these scenes is to torture the compassionate and harden the obdurate’. There were many more, though, who thronged to such occasions in high spirits. Their hilarity and ribaldry –- the proverbial ‘gallows humour’ – may have been heartless mockery, but it may also have been a response to the unspoken but unmissable tension between the pomp and solemnity of the occasion and ghastly reality of the act.

This tension reached its high water mark with Despard’s execution. There had been a long observed trend in Britain towards public disrespect at hangings: the victim cheered, the executioner and officials booed and mocked. But the crime of high treason placed an unprecedented focus on the legitimacy of the act a focus sharpened still further by the fact that the majority of the onlookers believed Despard to be innocent of it. He had been accused and convicted of a shocking, cold-blooded plot to overthrow the state, an accusation which he had consistently and calmly denied. Now, at the moment of the state’s cold-blooded retribution, he had a final chance to speak the case for his defence. Part of the unique appeal of executions was always that the victims, in the moments before their death, might say anything; it was often the only time that the unspeakable could be spoken in public. But if Despard chose to speak the unspeakable, it would be more than a howl of rage, a fruity obscenity or a cheeky quip. The danger he posed might yet be far from over.

The bell of St.George’s Church began tolling at five, and continued for about an hour. By the time it finished, every conceivable vantage point was packed solid. It was estimated that there were twenty thousand people jammed into the carriageway of Horsemonger Lane and spilling onto every nearby roof and patch of open ground ‘that afforded the least prospect’. It was evident, too, that this was no ordinary gallows crowd, just as it was no ordinary hanging. The packed observers were almost completely silent: ‘no tumult, no disorder appeared among the multitude … all was stillness and expectation of the approaching event’. For the massed guards and officers, this must have been considerably more unnerving than the unruly mob which they had feared. It might be an expression of uncertainty, of a crowd unsure of the tone of the event, and too diffident to break the silence. But it could equally, and perhaps more plausibly, be read as a mute but chilling sign of pre-arranged intent.

Inside Surrey County Jail, as the prison bell struck seven, Despard was invited into the chapel for a service of last rites. He politely refused the invitation, and remained in his cell. At seven thirty, his arms were bound with ropes and he was led out into the walled and enclosed prison yard. He was still a colonel, and still entitled to wear the uniform of his rank, but he appeared instead in his favourite dark greatcoat and boots, bare-headed, without wig or powder. His solicitor was waiting for him outside his cell and, manoeuvering around his ropes, he shook hands with him ‘very cordially’.

Awaiting Despard in the prison yard was a very strange sight indeed. Two horses were harnessed to a small cart which contained two trusses of clean straw, and whose floor rested directly on the ground. Behind the cart stood the Sheriff of Surrey; behind him a fully-robed priest, and behind the priest the head keeper of the jail, Mr.Ives, solemnly holding a white wand. Behind Ives stood a line of high constables, and behind them a line of duty policemen. Bringing up the rear was the executioner, holding up a drawn sword.

The quartering and dismembering had been waived, but there had never been an execution for high treason without the victim first being drawn through the streets to the scaffold. It was integral to the ceremony, but today it was out of the question. The ritual was intended to allow the people to vent their feelings towards the traitor, to abuse him and spit on him; today, though, no-one was minded to test how the ominously silent crowd outside would react if Despard was paraded among them. Apart from anything else, the packed streets made it logistically impossible. It had hastily been decided to switch the ritual to the privacy of the prison yard.

Outside the yard, the traditional gallows humour may have been conspicuously absent, but Despard himself was unable to keep a straight face at the display of furtive pomp that confronted him. ‘Ha! ha!’, he laughed, ‘what nonsensical mummery is this?’ The solemn procession was not programmed to respond. Despard was ushered into the cart, seated backwards on the straw bales and, as the dawn spread grey over the prison walls, bumped around the cobbled yard until it was deemed that the drawing had been completed. There was to be no thwarting of justice, but neither would the ancient ritual of drawing a traitor survive that morning’s embarrassment and ridicule. Despard, though powerless against it, had nevertheless passed a sentence of death on the sentence itself.

(Click to continue reading on page 2).

As day broke, officials could be seen making the gallows ready on the prison roof. The seven wooden coffins were brought up; the drop was erected; bags of sawdust were arranged to catch the blood when the heads were severed. Still the crowd watched in oppressive silence. At eight thirty, the prisoners began to file up to the scaffold.

First was John Macnamara, a stout, florid Irishman, who looked down at the packed streets and exclaimed loudly and devoutly: ‘Lord Jesus, have mercy upon me!’. Next came Arthur Graham, at fifty-three the oldest of the traitors, who looked shaken, ‘pale and ghastly’. Next, James Wratton, a thin, pinched-looking shoemaker, who ‘ascended the gallows with much firmness’. The carpenter Thomas Broughton followed, then the two tall, amiable-looking soldiers, John Wood, then John Francis. Finally, the Colonel took the steps up to the drop. He was impassive; ‘his countenance underwent not the slightest change’ as the rope was fastened around his neck and the cap placed on his head. He assisted the executioner in adjusting the noose, taking care to tie the knot under his left ear to facilitate a speedy death. John Macnamara is reported to have muttered to Despard: ‘I am afraid, Colonel, we have got ourselves into a bad situation’. Despard replied: ‘There are many better, and some worse’.

Two priests arrived on the platform: a Roman Catholic who read the last rites to Macnamara and the Anglican prison chaplain, Rev. William Winckworth, who did the same to the other five associates. Despard himself declined any religious absolution. It had emerged during his imprisonment that ‘although he thought the institution of religion politic, he had no faith in its efficacy’. When pressed by Winckworth, he had admitted that, as far as he was concerned, ‘the opinions of churchmen, dissenters, Quakers, Methodists, Catholics, savages or even atheists were equally indifferent’.

By this time nearly a hundred officers, dignitaries and guards had joined the condemned on the roof. When all was ready, Despard turned to the Sheriff of Southwark, who was presiding over the event, and asked permission to address a few words to the people. The Sheriff told him that he had no objection, ‘provided nothing inflammatory or improper was intended’; but if Despard were to speak a single word of that kind, the platform would be immediately dropped. Given Despard’s situation, this was a difficult tightrope to walk, but he was ready for the challenge. What followed was, even in the remarkable annals of gallows speeches, perhaps the most notorious and best-remembered.

Despard stood up straight and, in clear tones, addressed the crowd: ‘Fellow Citizens’. It was a carefully judged phrase, with clear republican associations yet in itself some way short of an incitement to revolution. Despard may have used it to gauge the crowd’s mood, or the Sheriff’s tolerance, but its reception is impossible to judge today. The accounts of Despard’s speech perfectly illustrate the paradox that the more witnesses are present at an event, the harder it is to establish exactly what happened. Robert Southey, the future Poet Laureate, was among the packed crowd; he records that ‘the mob applauded him while he spoke’. Others maintained that his speech was received ‘in the most perfect silence’. Still others squared the circle by reporting that the speech ‘was applauded by certain persons who appeared to have placed themselves near for the purpose’, presumably attempting to incite the crowd to a frenzy, but that the crowd refused to join in. Doubtless others still would have suspected — and with some justification — that the vocal front row were government agents provocateurs, trying to encourage Despard’s fellow-traitors in the crowd to reveal themselves in the presence of the massed guard.

‘I come here, as you see’, Despard continued, ‘after having served my country faithfully, honourably and usefully served it, for thirty years and upwards, to suffer death upon a scaffold for a crime of which I protest I am not guilty. I solemnly declare that I am no more guilty of it than any of you who may now be hearing me’. Again, a judicious combination of plain speaking and hidden meaning: Despard’s not guilty plea was a matter of public record, and he was perfectly entitled to repeat it. Yet, as everyone knew, much more depended on the statement than the Colonel’s own innocence or guilt. If the government was prepared to use the ultimate penalty to silence him, and unjustly, then they were themselves condemned. For Robert Southey, this was Despard’s sly masterstroke. ‘This calm declaration of a dying man’ he wrote later, ‘was so well calculated to do mischief’. It was, for Southey at least, the perfect instrument of malice and revenge, far more plausible than a rabble-rousing denunciation. But the majority of the crowd would have taken it as a simple statement of record. So much of what was known of Despard’s views had been disputed, attributed, denied or fabricated, that simply hearing him in his own words would have conveyed a forceful impression of truth.

But now Despard set his sights more broadly, and edged towards the unspeakable. ‘Though His Majesty’s ministers know as well as I do that I am not guilty, yet they avail themselves of a legal pretext to destroy a man, because he has been a friend to truth, to liberty and to justice, because he has been a friend to the poor and the oppressed.’ Here was an obvious cue for applause; the next day’s Times reported ‘a considerable huzzah’ from the front rows at this crescendo. But it was still the crowd’s forbearance rather than its clamour which struck most observers. The Sheriff, too, kept silent, and Despard went on. ‘But, Citizens, I hope and trust, notwithstanding my fate, and the fate of those who no doubt will soon follow me, that the principles of freedom, of humanity, and of justice, will finally triumph over falsehood, tyranny and delusion, and every principle inimical to the interests of the human race.’

This, now, was enough for the Sheriff; he moved over to Despard and told him that any more in this vein and the platform would drop. Despard nodded his understanding and fell silent. Then he raised his head and spoke once more. ‘I have little more to add’, he concluded, ‘except to wish you all health, happiness and freedom, which I have endeavoured, so far as was in my power, to procure for you, and for mankind in general.’

It was a gentlemanly sign-off, courteous both to the crowd and to the officials clustered around him, but it smuggled in another subtle barb. It was the references to tyranny and falsehood which had prompted the Sheriff to put an end to his speech, casting aspersions as they did not just on the government of the day but on the monarchy and the entire political establishment. Yet ‘mankind in general’, added to his previous and precise use of the term ‘the human race’, made a larger point. Who or what, precisely, was he referring to? Many in the crowd would have assumed he was referring to them, the disenfranchised masses, and implying that his cause was theirs: liberty and justice for all, not merely for the few. Those of Irish background or sympathies, of whom there were undoubtedly many, might have construed it more pointedly in terms of their own struggle for self-government. In fact, if Despard had anyone particular in mind, it was most likely to have been those for whom he first took it upon himself to seek justice: a small and scattered tribe of creoles, Irish convicts and freed black slaves in a remote part of the world which most of the crowd had never heard of.

Some among the crowd, though, would certainly have caught this drift. Pamphlets and memoirs telling the rollicking tale of Despard’s life had been circulating widely in recent weeks. Many would have known, for example, that his wife, Catherine, was a black woman with whom he had returned from his years of military service in the Caribbean and the Spanish Main. Despard’s conviction for high treason had been secured, contentiously, on allegations of a plot against the British Crown; but his final exhortation expanded the frame to a panorama beyond Britain’s shores. It may have been the struggle for British liberties which had finally claimed him, but he had been forged in a wider world of which most in the crowd were yet unaware. The British might celebrate that they never would be slaves, but what right had they to celebrate if their liberty was founded on the slavery of another portion of mankind? Few among the crowd could have conceived that, within twenty years, sovereignty over two hundred million people — a quarter of the world’s population — would be claimed in their name. Yet this was a future which Despard had already seen: his life had unfolded there, and its front line was perhaps still the closest he had to a home.

John Francis, next to Despard, looked straight ahead. ‘What an amazing crowd’, he observed. Despard looked up, and spoke his final words: ‘Tis very cold; I think we shall have some rain’.

The moment around which all the activity of the last two days had centred could be put off no longer. At seven minutes to nine the signal was given to drop the platforms, beginning with Despard’s. In the first unambiguous expression of their feelings since they had assembled, the crowd all removed their hats. The rope was jerked, the platform gave way; Despard uttered no sound and betrayed no struggle. He clenched his hands in spasm twice, and then hung perfectly still as he was, in the words of one eye-witness chronicle, ‘launched into eternity’.

Yet, as everyone was well aware, there was more to come. Despard hung in the massive silence. In the days before measured ropes and weighted drops, death by hanging was an uncertain business. It was thirty-seven minutes before the executioner finally cut him down, and wrestled his corpse over the block. Despard’s dark coat flapped back to reveal a blue undercoat with gilt buttons, a cream waistcoat trimmed with gold lace, and a strip of scarlet flannel turned over the waist of his grey breeches.

The executioner stepped back to make way for the surgeon with the dissecting knife. This was the part of the ritual which had barely been seen within living memory and, as soon became clear, had never previously been attempted by anyone present. The surgeon aimed at a joint in the neck vertebrae but missed it, and was soon reduced to nervous hacking. The executioner barged him out of the way and began twisting Despard’s neck this way and that, a spectacle which ‘filled everyone present with horror’. (Again, other sources –- whether from restricted view or self-censorship -– recorded that the head was ‘severed in an instant’.) When Despard’s head was eventually separated, the executioner picked it up by the hair, carried to to the edge of the parapet in his right hand and held it before the crowd. As he did so, he spoke the words which had for centuries marked the climax of the ceremony, but which were now ringing out for the first time over the modern world: ‘This is the head of a traitor: Edward Marcus Despard’.

Robert Southey records that the crowd broke their silence at this point to hiss the executioner. Others claim that they maintained it to the end, when the freezing rain began to bucket down.

In addition to this guest post, Mike was generous enough to talk more with Executed Today about Col. Despard. Read on for the interview …


Executed Today: What an amazing story — why in the world is he so obscure?

Mike Jay: Basically, because history is written by the victors. Although his execution was a huge story at the time, it was almost entirely airbrushed out of British history in the years that followed. The story that the British told to themselves throughout the 19th century was one of triumphal progress from Trafalgar and Waterloo to empire and global ascendancy.

Despard’s story, by contrast, speaks of an alternative history that ‘failed’ — Britain never had the revolutions that shook almost every other modern state between 1776 and 1848 — but that nevertheless revealed Britain to have been deeply divided, and a significant stand of British opinion consistently opposed to its emerging colonial/imperial role. We also hear little, for example, of the naval mutinies in 1798, during which the British fleet threatened to sail across the Channel and join the French enemy. Nor do we hear much of the mass public campaigns against the war with France and Pitt’s heavy-handed suppression of dissent, which formed the background to Despard’s treason.

Much of this lost history was recovered by the historians of the new left, E.P. Thompson et. al., in the 1960s. But Despard is also an uncomfortable fit with their project to (crudely put) draw a line of continuity between these forms of working class resistance and the later history of Chartism/socialism/Marxism. Despard’s committment to liberty was, I think, better characterised as patriotic and strongly conservative: a conviction (widely shared in the 1790s) that Britain stood for precisely the liberties that the Pitt administration was intent on dismantling. So, in a way, he fits with no-one’s story — hence his obscurity I think.

ET: The particulars of what he might really have been “guilty” of, by the standards of his prosecutors, seem a little obscure. Did you form a judgment about what he was and was not involved in?

MJ: Throughout the 19th century he was universally regarded as guilty, and mad to boot (how else could he have come to believe that Britain was ready for a revolution?). But subsequent research has turned up lots of relevant material, though much of it consists of espionage reports that are highly unreliable and contested. In outline, it seems that some sort of plot or barracks mutiny was under way, but Despard’s relation to it is unclear. He may have got involved to stop it — then again, if he did, it may have been in order to organise it into a bigger and more effective plot.

But the indications are that the government actually believed he was only on the fringes of the ‘Despard Plot’ — they knew of others who were more deeply involved, but to charge them would have blown their embedded agents. They also wished to avoid alarming the public with any suspicions that the plot might be large or well-organised, or have an international (French/Irish) component. Despard was a ‘name of consequence’ who had exposed himself by meeting known conspirators in the Oakley Arms, and they decided to push his moment of indiscretion for all its was worth.

It should be remembered that he was found guilty at a point when the government had extended the definition of treason, and had done so precisely because its meaning was contested. By the same token, under the new definitions of Pitt’s clampdown, it’s hard to imagine that Despard could have kept the company he did without belonging to organisations that had recently been classed as seditious, or having signed ‘illegal’ oaths. In short, he wasn’t entirely innocent, but questions of his ‘guilt’ beg larger questions about the state’s authority and legitimacy at that time.

ET: Do you have an idea of how he came to espouse the opinions that got him into trouble? And how radical were they, really, for his time? Do we mainly think of them as radical because they were successfully repressed?

MJ: He was really a casualty of British politics’ sharp reactionary turn following the French Revolution. He returned from the Caribbean in 1790 convinced that colonial oppression and discrimination offended against the British sense of fair play, but his politics was really codified by reading Tom Paine’s Rights of Man in 1792 (he referred to it as his ‘Bible’). But by 1794 Paine was exiled, his book prosecuted for sedition and his followers labelled as terrorists. Despard, who had lived in the colonies by a strict code of honour (like his friend Nelson) was naive about this shift, and stuck to his principles without entirely understanding how much trouble they would get him into.

Many of his causes were adopted by the subsequent generation, and were eventually legitimised by, for example, the Reform Act of 1832. But this generation was keen to distance themselves from the revolutionary language of the 1790s, and to paint themselves as representatives of a more consensual and moderate element of society. So in this sense the triumph of Despard’s (really mostly Paine’s) causes — freedom of the press, abolition of slavery, the right to public meetings and trade unions, religious tolerance, tax based on means, state provision for the poor, and of course the right to vote — were won at the expense of their original proponents’ reputations.

ET: I was intrigued by your characterization of Despard as seeing a vista of the future that most of his countrymen were not yet ready to understand. But there were many people on that “front line” of colonial power, and Despard’s was a revolutionary age. So why was the path he took so much the exception rather than the rule?

MJ: Because of the way his superintendency of the Bay of Honduras (later Belize) turned out. The Home Office showed no interest in his principled defence of the inhabitants of colour and their rights. They simply replaced him with someone more compliant, and when he protested they sidelined him and didn’t give him another commission. My analogy from the book:

His was an awkward and unusual position. Had he been living in feudal Japan at the time, he might have been recognised as a familiar archetype: the ronin, a samurai without a master, a loose cannon, dangerous to his former superiors and a valuable asset to any plotter. In Britain, he was an anomaly: a man out of time, a patriot without a nation.

ET: The excerpt on mikejay.net says we have next to nothing about the subsequent fate of his wife and son. Nothing more has been discovered or developed?

MJ: That’s all I’ve managed to glean (and hard work some of that was too!). Catherine and James were written out of the family history by the next generation — there are memoirs written by two of Edward’s nieces that refer to her as ‘his black housekeeper’ and ‘the poor woman who called herself his wife’.(!!) James was serving as an ensign in the French army at the time of his father’s death, and I think it’s likely that both ended up either in France or Ireland, where I’ve been unable to follow them.

ET: And we don’t have anything about Catherine during her marriage, her sense of the world?

MJ: She’s entirely invisible in the archive — no picture, no place or date of birth or death. (Of course, this is true of most people who lived in the 18th century.) I’ve filled in the context of black people in Britian at the time as far as I could, and there are some suggestively parallel case histories (e.g. Olaudah Equiano) but beyond that one would have to resort to fiction. I’d love to know more.

ET: Your title makes an explicitly modern connection — “Britain’s first war on terror”. What does the Despard case have to tell us now? Is there a modern-day Despard?

MJ: There are many similarities — Coldbath Fields, where Despard was held without charge or trial for three years in a legal black hole, was very much the Guantanamo Bay of its day, and provoked a similar public outcry. There have been lots of recent examples of courageous/naive whistleblowers, and victims of illegal surveillance and detention under disputed ‘terrorist’ charges, but with Despard, in my view at least, one

must grapple with the paradox, rare in the history of treason, of an honourable traitor: a man who acted honestly and selflessly, believed himself innocent, refused to tailor his story for different sides and went to his grave betraying not a soul.

Generally, I think his case tells us that today’s War on Terror is not as unprecedented as many would have us believe. It’s also noteworthy that the episode is still so contested: historians have not (and clearly never will) resolve the question of whether Despard’s case represented a serious terrorist or revolutionary threat. I suspect that, when the dust settles, our current episode will offer equally little consensus or closure.

More about Col. Despard can be found for free in this contemporary Criminal Recorder entry and this complete trial record.

Neither approaches the perspective — and cracking writing — in The Unfortunate Colonel Despard.

Entry Filed under: 19th Century, Beheaded, Botched Executions, Drawn and Quartered, England, Famous Last Words, Gallows Humor, Hanged, Interviews, Mass Executions, Milestones, Notable Jurisprudence, Notably Survived By, Occupation and Colonialism, Other Voices, Political Expedience, Public Executions, Revolutionaries, Soldiers, Treason

1739: Penelope Kenny and Sarah Simpson

Add comment December 27th, 2007 Headsman

On this date in 1739, Penelope Kenny and Sarah Simpson were publicly hanged in colonial New Hampshire for “feloniously concealing the death of a[n] … infant bastard child.”

The first people — male or female — executed in New Hampshire history had separately disposed in August 1739 of their respective newborns. Unluckily for them, some never-discovered third woman did the same thing around the same time much less adroitly … and her dead infant was found in a well.

The ensuing investigation uncovered (in one case by the forcible ministrations of a midwife team) the recent pregnancies of this day’s victims, and though Simpson claimed her child was miscarried, she still fell under a law making a capital crime of covering up the death of a baby.

Today, Executed Today interviews New Hampshire historian Christopher Benedetto, whose research situates Kenny and Simpson in the context of their times:

In provincial New Hampshire, as was common across colonial America, the punishment of fornication and bastardy was harsh, and the stigma that followed could cost a working class woman her livelihood. When Penelope Kenny and Sarah Simpson gave birth in August 1739, they both knew that the physical product of their sexual improprieties must be concealed. It was an awful decision to have to make, but in their minds “infanticide might have seemed a matter of survival.” The discarding of illegitimate children, however, seems to have been an issue in New Hampshire long before 1739. In 1714, the General Assembly passed “An Act to Prevent the Destroying and Murdering of Bastard Children,” which declared

Whereas many lewd women that have been delivered of Bastard children, to avoid shame and escape punishment, do secretly bury or conceal the death of their children…Be it therefore enacted…that if any woman be delivered of any Issue of her body, male or female, which if it were born alive should by law be a Bastard; and that she endeavor privately either by drowning or secret burying thereof…so to conceal the death thereof that it may not come to light, whether it were born alive or not but be concealed. In every such case the Mother soe offending shall suffer Death…except such Mother cann make proof by one witness at least, the Child whose death was by her so intended to be concealed was born dead.

Executed Today: The first hanging in New Hampshire didn’t happen until 1739?!

Christopher Benedetto: There were plenty of capital laws and there definitely were cases where people were tried for their lives, but why it took so long … they had crossed some sort of a boundary. I’m sure the loss of so many children only a few years before [in a diphtheria epidemic] made these crimes that much more shocking.

ET: You’re working on a book on crime in New Hampshire.*

CB: The criminal history of Massachusetts has been studied for so long, but there’s really nothing like this for New Hampshire at all. And there’s so much there. There’s a whole chapter in the book on infanticide and child murder.

ET: What’s the perspective you get working deeply in a local milieu?

CB: I think having grown up here, my own family I’ve been able to trace back to the 1650’s in Massachusetts … it’s always been a big part of my life.

I like being able to go to different sites where these things actually happened. I think that’s true for any historian — you’re drawn to the specific places. The town I grew up in, Ipswich, they have plaques of people who lived there. Anne Bradstreet’s house is still there.

I could walk on a lot of the streets or at least go to some of the places where these things took place.

But to me, history is about people. It’s about passions. To me, these people are so much like us today. Human nature has not changed a lot over the years.

ET: Does that lead to any conclusions on the death penalty in general?

CB: It’s one of the few things that’s as controversial now as it was two, three hundred years ago. I don’t think capital punishment prevents crime. I do think there are certain instances where the crime is so heinous, so bad — I don’t know, I’m sort of in the middle on it. I think we should reserve the right to do it, but does it improve our society at all?

ET: What advice would you have for a young person about being a historian? What’s the historical method for you?

CB: I would say, just be curious. You’ve got to be relentless. You’ve got to go after what you’re passionate about — nobody wants to do research about something they’re just not interested in.

To me, I love writing, but I think one of the most thrilling parts can be when you’re sort of on the hunt. I kind of see being a historian — and not just professionally; anyone who’s researching a family history — you’re almost like a quilter. You’re taking all these little pieces of fabric and just trying to create a whole picture. That might be my favorite part, taking all those pieces of information and just putting them together.

It’s not that nobody had ever written about that execution [of Kenny and Simpson] before, but maybe nobody had taken all that information and just kind of put it together in that way. You’re not always going to have something 100% new to say, but you might present it in a way that casts a new light or makes somebody think about it differently.

* Tentatively titled Gruesome Stories from the Granite State with an anticipated release in 2009 through regional press Commonwealth Editions.

Part of the Themed Set: The Spectacle of Public Hanging in America.

Entry Filed under: 18th Century, Abortion and Infanticide, Common Criminals, England, Hanged, Interviews, Milestones, New Hampshire, Notable Jurisprudence, Other Voices, Public Executions, Sex, USA, Women

1962: Arthur Lucas and Ronald Turpin

Add comment December 11th, 2007 Headsman

Forty-five years ago today, two men linked by nothing but fate stood back to back on the gallows of Toronto’s Don Jail and became the last hanged in Canada.

Book CoverToday, Executed Today interviews author Robert Hoshowsky, whose new book The Last to Die explores how this day’s events came to pass.

The doomed men were far from Canada’s greatest criminals. The 29-year-old Turpin was a petty thief who shot a policeman while fleeing a restaurant robbery; the 54-year-old Lucas was convicted of killing an FBI informant despite lingering questions over his guilt and his mental impairment. Both were petty criminals with little previous violence to their history, seemingly almost too small for the historical role that even on the night of their hanging they seemed probable to play.

The Last to Die is the first book about Canada’s last execution, and has been met with general acclaim. CourtTV Canada recently profiled the story:

Executed Today: Why you, why now, why this book? What brought you to it?

Robert Horshowsky: I’ve worked as a freelance writer for almost 20 years now, and in that time, some stories were assigned to me, while others were the product of my own imagination. This book, like many before it, got its start as an article.

In 2001, I was in the library at Maclean’s magazine, where I worked as a Researcher-Reporter. They have a large section on Canadian history, and I saw a book by John Robert Colombo, who is very well known for his works on history and trivia. I believe the book was 1001 Questions About Canada. Picking up Colombo’s paperback, the first page I turned to asked, “When was the last execution in Canada?” The brief paragraph mentioned Ronald Turpin, a Canadian criminal, and Arthur Lucas, a Black man from Detroit. Both men were hanged on Dec. 11, 1962. Since it was a book of trivia, there wasn’t much more information than that, which got me thinking, “I wonder if I can pitch a story on the 40th anniversary for the December 2002 issue of Maclean’s?” Although it is a weekly news magazine, Maclean’s often ran articles on subjects of historic note, and the story I submitted on Turpin and Lucas was very well-received by the editors.

The one thing I have been accused of my entire working life is over-researching a subject, and the piece entitled “The Last Night of the Condemned” was no exception. My editor at the time said, “You’re not writing a book” in regard to the amount of research I had conducted, and I took this, perhaps subconsciously, as a challenge.

I was hooked by the stories of Turpin and Lucas for a number of reasons. There had never been a book about them, a fact that still boggles my mind. The end of the death penalty in different countries is a subject that is widely covered. The last two men to hang in England, for example, were Peter Anthony Allen and Gwynne Owen Evans. They were executed in 1964, and a book was published about them a year later. Turpin and Lucas were hanged in 1962, and my book was published in 2007, 45 years after the fact. Of course, there were newspaper and articles about them, a chapter here and there, or a mention in a law textbook, but not much else, certainly not a book. Through my research I soon discovered that others had attempted plays and documentaries about the two, with little success. This made me wonder if the subject was cursed, which is certainly how I felt sometimes.

ET: What effect did writing the book have on you?

The book took a toll on me physically and mentally. Research at times was slow and painful, and obtaining documents – especially from the Canadian government – was a tedious and frustrating process. In Canada, we have something called the Freedom of Information and Access to Privacy Act, which I used over and over again to obtain jail records, court documents and the like on Turpin and Lucas. In the United States, I used the Freedom of Information Law to access documents on Arthur Lucas; since he was an American from Detroit, I figured there would be rap sheets and the like on him, which there were. All these documents were very useful, but getting hold of them was a real challenge, since you have to prove the person you’re inquiring about is dead, that no other persons will be incriminated or named in the documents, etcetera.

The hardest thing for me to deal with was the cancer that took my mother’s life in March of this year. Her last wish was that I finish this book, and I struggled against two deadlines: the publisher’s, and my mother’s. As soon as I finished a chapter, I gave it to mom to read, followed by the next. Completing the book was a bittersweet experience: although she read the entire thing, mom didn’t live long enough to see it published, passing away six weeks before it was printed. In hindsight, I’m shocked I didn’t fall to pieces. The most difficult section for me to write was the funeral of Frederick Nash, the policeman shot to death by Turpin. I wrote this after interviewing his widow, and three of his four daughters – the eldest was 11, and one of them, Karen, was only two months old when he died. That was tough, the mental image of these little kids holding flowers outside the church, not quite realizing that their father was never coming home again. That was one of the reasons I wanted to write an entire chapter about those people left behind, like officer Nash’s children, the Salvation Army chaplain who was with Turpin and Lucas when they died, and many others involved in the cases. Far too often, true crime books focus almost entirely on the killers, and not enough on the families of the victims.

ET: Canada was trending towards abolition, and Lucas and Turpin knew themselves that they might be the last ones hanged. Was it just happenstance, or was there some intentionality in pushing these cases in particular? What was the fallout in Canada?

RH: In the early 1960s, there was a push in many countries to eliminate capital punishment, and Canada was no exception. As early as 1914, a Canadian Member of Parliament named Robert Bickerdike introduced a private members’ bill for the abolition of the death penalty. Although it was defeated, there were other members’ bills over the years. In 1935, a woman named Thomasina Sarao was unintentionally decapitated during her hanging in Montreal, which led to more and more executions in Canada taking place behind closed doors. Sarao’s beheading didn’t directly lead to the end of capital punishment, but the idea of a woman dying in such a gruesome fashion certainly didn’t help the pro-death penalty camp!

Ronald Turpin

By the 1950s, more changes were made to Canada’s Criminal Code, limiting the reasons a person could be executed. By 1961, changes were made which divided murder into a capital and a non-capital crime. One of the reasons you would die was for the murder of a police officer, a crime committed by Roland Turpin when he shot Fred Nash in February of 1962. There was always the possibility that even though you were found guilty of murder, the jury could recommend mercy, sparing your life. This didn’t happen in either Turpin or Lucas’s case.

Prior to the executions of Turpin and Lucas, there were a number of appeals for both men. The Salvation Army chaplain who was spiritual advisor to both men, Cyril Everitt, even appealed to the Prime Minister at the Time, John Diefenbaker. Law professors tried to fight the hangings, with no effect.

There was no doubt Ronald Turpin killed the police officer. I believe he suffered from some sort of mania or persecution complex. This certainly wouldn’t absolve him of shooting and killing a cop, but there is no doubt – to me at least – that Turpin was mentally unstable.

Arthur Lucas

As for Arthur Lucas, there was a lot of evidence against him, and all of it was circumstantial. Chaplain Everitt wasn’t to save both men body and soul, and he believed with all his heart that Arthur Lucas was innocent.

There wasn’t so much fallout after the hangings as there was serious doubt. Doubt about the guilt of either man, especially Lucas, who was convicted entirely on circumstantial evidence. Doubt about the competency of their legal representation, which was conducted by a brilliant but alcoholic lawyer named Ross MacKay, who acted for both Turpin and Lucas. Imagine it: MacKay was just 29 years old and inexperienced. Turpin and Lucas were his first and last capital cases, and he had no budget, compared to the estimated $40,000 spent by the government to prosecute Lucas alone. On top of that, Mackay had less than three weeks between the trial of Arthur Lucas, and the trial of Ronald Turpin. There is evidence that MacKay showed up to court hung over on some days. And the majority of the newspapers were against Turpin – who had a lengthy criminal record for break-ins and the like – and Lucas, who was slow (his IQ was just 63, borderline retarded), and happened to look like a killer. Read More

ET: What about some of the other participants in this drama? Who’s the unsung character in this story?

RH: There are a number of unsung characters in the book. The two that stand out most remain Ross MacKay and Chaplain Everitt. MacKay the lawyer had a problem with the bottle all his life, but representing the last two men to be hanged in Canada just made his predicament much worse. After the trials, a popular Halloween costume among lawyers was a noose worn ‘round the neck. One lawyer would ask the other, “Who are you supposed to be?” and the response was, “One of Ross MacKay’s clients.” It was very sad, since MacKay didn’t have a hell of a lot to work with. The Canadian courts had thousands of dollars, veteran detectives, top prosecutors and forensic experts at their disposal; MacKay had a unrepentant client who murdered a policeman and left his four daughters without a father, and a menacing-looking Black American pimp who was accused of coming to Canada and murdering a witness in an FBI drug trial. Neither man drew much sympathy from the press or the public, but MacKay did his best to represent them.

Chaplain Cyril Everitt

The other key unsung hero is Chaplain Everitt. He was the Salvation Army Chaplain at Toronto’s Don Jail, where Turpin and Lucas were hanged. He befriended both men about 10 months before they were hanged, and went to see them several times a day to talk, pray, or play chess or checkers. Everitt truly believed people could be rehabilitated, and did everything he could to save the lives of these two men. Both Turpin and Lucas had lousy childhoods full of neglect and abuse, and Everitt was probably the only decent men they ever knew in their lives.

In many ways, Everitt’s bond of friendship with the two cost him more than I’m sure even he could imagine. Everitt devised a signal with the hangman, and shared it with Turpin and Lucas. The key word in the scripture he would read as they stood on the gallows was “Salvation,” and they knew the second they heard it that it meant they were about to die. He not only saw them hang, but conducted their funeral service at three in the morning with the full moon over his head. He said he would be with them “to the end,” and the man kept his word.

Perhaps there are those of us who could bear to see a stranger hanged, but a friend? Two friends? I’m not suggesting Everitt lost his mind over what happened – the man continued to do work for the Salvation Army for many years afterwards – but the experience of befriending Turpin and Lucas and seeing them die affected him for the rest of his life. He visited their unmarked graves all the time until he simply got too old and couldn’t do it any longer.

ET: It’s clear from the promotional copy that the botched hanging is a specific area you cover. What happened, and how did it stay so hush-hush in such a high-profile event?

RH: The code of secrecy among police officers is strong, but the code of silence among jail guards is virtually unbreakable. The few Don Jail guards I talked to would not go on the record under any circumstances, and one of them said he feared losing his pension if he discussed in detail what really happened to Arthur Lucas. This was 40 years after the fact. The retired police officers I spoke to were much more forthcoming, especially the homicide cops, who are a pretty fearless bunch. The extreme reluctance to talk is one of the reasons why details of the hangings didn’t come to light until many years later – in fact, some people thought Turpin and Lucas were buried on the Don Jail grounds, another common misconception.

The Don Jail’s former gallows area

The story of what happened the night of the hangings became blurred over time, even by people who were there, like Chaplain Everitt. He gave a number of interviews to the media over the years, usually on the anniversary of the hangings. In a 1981 documentary, Everitt said Turpin fainted on the way to the gallows. “They had to carry him,” said Everitt, who believed Turpin never regained consciousness. In every single interview he gave before 1981, Everitt never once mentioned Turpin fainting, nor did he reveal what happened to Lucas until a few years before he himself died in 1986.

One of the rumours is that Turpin did not just faint when he saw the noose hanging in mid-air, but that he actually dropped dead on the spot of a heart attack. If this happened today, there would have been a great kerfuffle to revive the condemned man or woman, only to have them put to death at a later time. In Canada, the common belief was callous but pragmatic: he’s going to die in a few moments, so why delay the inevitable? There was no other word except Everitt’s that Turpin fainted; one of the police detectives present at the hanging told me, “Turpin didn’t faint. He hanged.” I put a lengthy footnote in the book about this. All accounts I tracked down said Turpin was conscious when he died on the gallows. The only odd thing about his death is that there is a cemetery record that has the word “accidental” written next to his name. I’ve never had a satisfactory explanation about that one. It could be some past cemetery employee’s idea of a joke, or a one-word protest against capital punishment.

As gruesome as Turpin’s death was, Lucas’ end was far more disturbing. It was a double execution, two nooses, with both Turpin and Lucas standing back-to-back on the same platform, black hoods over their heads. No one talked about what happened to Lucas for years afterward, and many believe the hangman was drunk and responsible for the mistake, which was not the case. Lucas was practically decapitated. The image of two men dropping to their deaths is horrific enough, but I can’t imagine what it would be like to see blood spraying everywhere when one of them hits the bottom of the rope. Lucas’ head was barely clinging to the rest of his body. Now, try to imagine blood everywhere, and having to climb on a stepladder and press a stethoscope against the chest of each man in turn, listening to their dying heartbeats for almost 20 minutes. That was the responsibility of the jail doctor. The media was told the deaths of the two was “practically instantaneous,” and that’s the story that stuck for decades. Everitt only revealed what happened in 1985, a year before his own death. When he did tell his story, Everitt said the hangman miscalculated Lucas’s weight. This was not the case, since Lucas lost about 50 pounds in jail. It is like Lucas had syphilis, which would have weakened his muscles, connective tissue and blood vessels, resulting in his near-decapitation. The awful way that Lucas died was a secret Everitt kept from his wife and son all those years.

ET: The Conservative party has made some noises about death penalty reinstatement and backed off supporting Canadian nationals on death row in the U.S. Are there any lessons today’s policymakers ought to be learning from Canada’s last hanging?

RH: Great question. First, anyone who thinks the subject of reinstatement won’t continue to be debated is fooling themselves. Bringing back capital punishment is often mentioned when names like Clifford Olson or Paul Bernardo come up, or when there is a random killing of a young person who just happened to be in the wrong place at the wrong time. There will always be those who believe that the death penalty is a deterrent, which I don’t believe, for a number of reasons. The majority of us are law-abiding citizens, and few people – with the possible exception of a hit man – don’t get up the morning and think, “I’m going to kill someone today.” What often happens instead is some fool gets drunk, gets into an argument with another drunk, and punches him until he falls and bleeds to death. Is the death penalty a deterrent in that case? Being drunk isn’t an excuse, but was the man or woman’s intent to commit murder? In some instances, the reminder of capital punishment might stop someone from pulling his trigger aimed at a police officer, if they know that that move will result in their own life being taken.

If there’s anything to be learned from the lessons of the past, it is that there is often considerable doubt about a man’s guilt or innocence, despite DNA evidence and expert testimony. For every monster like Paul Bernardo there is a Guy Paul Morin, a David Milgaard, and most recently, William Mullins-Johnson, who was convicted largely on the flawed testimony of a coroner. It cost Mullins-Johnson 12 years of his life, which he will never get back. The same can’t be said for earlier Canadian convictions, like that of Wilbert Coffin, who was hanged in 1956. I wouldn’t trust the testimony of less than three independent experts in any one field if my life were on the line (one Canadian, one U.S., one European), and I certainly wouldn’t expect a Canadian court to rely on anything less.


The Last to Die: Ronald Turpin, Arthur Lucas, and the End of Capital Punishment in Canada

By Robert Hoshowsky

Published by Dundurn, whose blog also hosts a radio interview with the author. Update: And also a ping to this post.

Entry Filed under: 20th Century, Arts and Literature, Botched Executions, Canada, Common Criminals, Hanged, Interviews, Mature Content, Milestones, Murder, Other Voices, Ripped from the Headlines, Wrongful Executions


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