Posts filed under 'Interviews'

1666: Robert Hubert for the Great Fire of London

1 comment October 27th, 2009 Headsman

On this date in 1666, a hapless French watchmaker was hanged at Tyburn for starting the Great Fire of London — his obstinate confession in the face of all other evidence making him the convenient fall guy for an accidental cataclysm.

Of Robert Hubert Lord Clarendon would write,

though the Chief Justice told the King, ‘that all his discourse was so disjointed that he did not believe him guilty;’ nor was there one man who prosecuted or accused him: yet upon his own confession … the jury found him guilty, and he was executed accordingly. And though no man could imagine any reason why a man should so desperately throw away his life, which he might have saved, though he had been guilty, since he was only accused upon his own confession; yet neither the judges, nor any present at the trial, did believe him guilty, but that he was a poor distracted wretch weary of his life, and chose to part with it this way. Certain it is, that upon the strictest examination that could be afterwards made by the King’s command, and then by the diligence of Parliament, that upon the jealousy and rumour made a Committee, who were very diligent and solicitous to make that discovery, there was never any probable evidence, (that poor creature’s only excepted,) that there was any other cause of that woeful Fire, than the displeasure of God Almighty.

Executed Today is pleased to interview Meriel Jeater, curator of the “London’s Burning” exhibit now on display at the Museum of London, on what the Great Fire wrought.


More Great Fire images, including a map of the destroyed area, here.

Was London lucky to have the Great Fire?

Yes, I suppose so. Lots of people have sort of argued that London missed an opportunity to make more changes, but they just didn’t have the money to do them at the time.

There were a lot of improvements made. They widened the streets. The city was rebuilt in brick instead of wood, although that rule was in place from before 1666. The regulations were restated and extra ones were added in; a lot of people think that it was because of the Great Fire that people started building in brick, but that regulation already existed from earlier in the 17th century.

You’ve got acres and acres and acres of land that have been reduced to rubble during the Great Fire, and en masse, all these new buildings are going up. But yes, it made life more healthy & more pleasant in the city. You had pavement put in for the first time. All these little things you wouldn’t think of, like the houses had to have gassers for the first time, as opposed to just spouts that would spray water on you if you walked down the street. The Great Fire gave people the opportunity to get rid of all those inconveniences.

And they were able to do other things, like the slope down to the River Thames was quite steep, and they were able because of all the rubble to ease the slope.

How did it reshape London? What might have been different about the subsequent life of the city if it had never occurred?

Within days of the fire going out, various architects like Christopher Wren were supplying architectural plans to rebuild London, perhaps around an American grid plan, or European-looking piazzas.

What they really wanted to do was get people moving back into London and rebuilding their houses as quickly as possible, so they kept the medieval street plan and instituted new regulations, like the streets had to be widened, and they could no longer build the houses hanging into the street. The size of the house you could build was proportional to the size of the street you were on, so if you lived on a main boulevard instead of a small lane

Where’s the best place in London to catch a glimpse of that world, as it looked then?

It’s kind of a hidden thing because of course we were bombed in the Second World War, but there are places, like behind St. Paul’s Cathedral, in Amen Court.

So who is Robert Hubert?

He’s a French watchmaker from Rouen, and he was seized in Essex apparently attempting to flee the country. There were various other foreign people who were seized as well, but Hubert confessed to starting the fire.

But his evidence* was very conflicting; he kept changing his mind of what he’d done. He said he’d been part of 23 conspirators and put a fireball through the window of the bakery where the fire started. The baker himself said there wasn’t a window there.

The jury really thought that Robert Hubert was mad, but he was so insistent that he’d done it.

The following year, they discovered that he hadn’t actually arrived in London until two days after the fire started.

Lucky for the baker! He didn’t end up catching any blame for burning down the city?

Hubert was a very convenient scapegoat, and Thomas Farynor** of the bakery was incredibly relieved. Right from the start, Farynor had said “I put my oven out that night, it can’t possibly be me, it must be arson.”

I’ve had a little look at the records of Pudding Lane to see whether he rebuilt his house, and he did.

One of the interesting resources on your site deals with the going fear of “Catholic incendiarism” (pdf), and the use of the Great Fire as a touchstone for the succession conflicts of the 1680’s. Would it have been conventional wisdom by that time, a generation or so after the event, that the Great Fire was a Catholic plot?

It becomes all caught up in the contemporary politics of the time, so it’s really got nothing to do with the fire. It’s people not liking James II for being a Catholic. It’s the fictional Popish Plot, completely fabricated. It’s probably not a coincidence that at the height of the Popish plot that they put up the plaque on the side of the bakery saying that the Fire came from “the malicious hearts of barbarous Papists.”

Given the combustible material all about, why wasn’t something like the Great Fire a more regular occurrence?

There were six serious fires in the 17th century before the Great Fire happened; one of them was a great explosion of gunpowder.

Fires were sort of a common hazard. The thing about the Great Fire was that there was sort of a whole load of circumstances. There was a drought, so it was dry; there were storm winds coming in from the east, so it blew the fire on faster than it would have; it started at 1 o’clock in the morning, so people were in bed. I think the problem is that it’s all these circumstances combining together. Maybe if it happened at 3 o’clock on Monday when it was raining, it wouldn’t have gone beyond the block.

Logistically, how did the society and the state handle the mass homelessness and unemployment that followed? Where did all these people live right after the fire, and how smoothly were they reintegrated?

People were camping out in the fields outside of London; others were moving into areas that were unburnt but having to pay hugely inflated rents. Some people had to move into other towns. There was evidence that people were still living in shantytown tented accommodations up to eight years after the fire, because there’s another rebuilding regulation in the 1670s that addresses that.

In the first year after the fire, only 150 houses are rebuilt; the rebuilding happens over 10 years, though some houses took up to 30 years. Some people were in very desperate circumstances, so formerly very wealthy people who had lived off their rents might now be working as servants. People coped, a lot of times in reduced circumstances from what they were used to.

There was a particular man you can read about in Samuel Pepys’ diary, and he threw himself into a pond in an attempt to commit suicide because he was so indebted.‡

As curator of an exhibit, what do you hope visitors take away from London’s Burning?

One thing that I really wanted people to understand as they go around the exhibition is the effect on people. You learn about it at school, but you don’t really focus on how people cope and how they rebuild.

There’s also a lot of urban myths about the Great Fire, like the ‘fact’ that the fire is supposed to have ended the Great Plague, which is not the case (pdf); those are things we wanted to dispel.


* There’s some original documentation from the examination of Hubert and others after the Fire here.

** Also spelled Thomas Farriner — or Faryner, or Farryner.

Christopher Wren’s monument to the Great Fire of London.

† An inscription on the base of the Great Fire monument itself (only chiseled out in 1830), once read:

This pillar was set up in perpetual remembrance of the most dreadful burning of this protestant city, begun and carried on by the treachery and malice of the popish faction, in the beginning of September, in the year of our Lord, 1666, in order to the carrying on their horrid plot for extirpating the protestant religion, and old English liberty, and introducing popery and slavery. (Soruce)

Alexander Pope savaged this civic pamphleteering with the couplet,

Where London’s column, pointing at the skies,
Like a tall bully, lifts the head and lies.

Poets and elites might think what they like, but Lord Clarendon recorded a popular anti-foreigner freakout as England reached

a universal conclusion, that this Fire came not by chance … the wicked authors … were concluded to be all the Dutch and all the French in the town, though they had inhabited the same places above twenty years. All of that kind, or, if they were strangers, of what nation soever, were laid hold of; and after all the ill usage that can consist in words, and some blows and kicks, they were thrown into prison. And shortly after, the same conclusion comprehended all the Roman Catholics, who were in the same predicament of guilt and danger … In the mean time, even they [the King's Privy Councilors], or any other person, thought it not safe to declare ‘that they believed that the Fire came by accident, or that it was not a plot of the Dutch and the French and Papists, to burn the City;’ which was so generally believed, and in the best company, that he who said the contrary was suspected for a conspirator, or at best a favourer of them. (Source)

‡ Pepys’ diary, January 21, 1668.

the story is that it seems on Thursday last he went sober and quiet out of doors in the morning to Islington, and behind one of the inns, the White Lion, did fling himself into a pond, was spied by a poor woman and got out by some people binding up hay in a barn there, and set on his head and got to life, and known by a woman coming that way; and so his wife and friends sent for. He confessed his doing the thing, being led by the Devil; and do declare his reason to be, his trouble that he found in having forgot to serve God as he ought, since he come to this new employment: and I believe that, and the sense of his great loss by the fire, did bring him to it, and so everybody concludes.

Although the man survived the drowning, he caught his death from the attempt and died in bed; Pepys intervened to see that the desperate suicide’s remaining estate would not be confiscated from his widow for his “self-murder.”

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1600: The Pappenheimer Family

1 comment July 29th, 2009 Headsman

On this date in 1600, Bavarians thronged to a half-mile-long procession in Munich for the horrific execution of the Pappenheimer family.

They were marginal, itinerant types: the father, Paulus Pappenheimer, cleaned privies (”Pappenheimer” would remain as Nuremberg slang for a garbageman into the 20th century, according to Robert Butts); the mother, Anna, was the daughter of a gravedigger. They wandered, begged, did odd jobs. They were Lutherans in a Catholic duchy.

So they were vulnerable to their extreme turn of bad luck. Fresh to the throne of Bavaria, young Catholic zealot Duke Maximilian I wanted a crackdown on the infernal arts, and when others accused the Pappenheimers of witchcraft, they found they had become the stars of a show trial.

Tortured into a spectacular litany of confessions, Anne Llewellyn Barstow, records,

they were stripped so that their flesh could be torn off by red-hot pincers. Then Anna’s breasts were cut off. The bloody breasts were forced into her mouth and then into the mouths of her two grown sons … a hideous parody of her role as mother and nurse …

Church bells pealed to celebrate this triumph of Christianity over Satan; the crowd sang hymns; vendors hawked pamphlets describing the sins of the victims.

Meanwhile, Anna’s chest cavity bled. As the carts lurched along, the injured prisoners were in agony. Nonetheless, they were forced at one point to get down from the carts and kneel before a cross, to confess their sins. Then they were offered wine to drink, a strangely humane act in the midst of this barbaric ritual.*

One can hope that between the wine and loss of blood, the Pappenheimers were losing consciousness. They had not been granted the “privilege” of being strangled before being burned, but in keeping with the extreme brutality of these proceedings, they would be forced to endure the very flames.

Further torments awaited Paulus. A heavy iron wheel was dropped on his arms until the bones snapped … [then] Paulus was impaled on a stick driven up through his anus …

The four Pappenheimers were then tied to the stakes, the brushwood pyres were set aflame, and they were burned to death. Their eleven-year-old son was forced to watch the dying agonies of his parents and brothers. We know that Anna was still alive when the flames leapt up around her, for Hansel cried out, “My mother is squirming!” The boy was executed months later.

Ouch.


The Pappenheimers’ appalling end, famous in its own time, hit modern bestseller lists with Michael Kunze’s work of popular history, Highroad to the Stake: A Tale of Witchcraft (Review).

Dr. Kunze was good enough to share his thoughts on the Pappenheimers’ milieu with Executed Today.

You present the Pappenheimers as a sort of “show trial” case; what makes a witchcraft show trial a compelling need for a German duke at the end of the 16th century? Why do you think witch persecution arises so especially in this period especially?

Towards the end of the 16th century the Middle Ages had been overcome. People no longer believed in a God taking care of every little thing in their lives. The world was no longer regarded a safe home, guarded by the Father in heaven. Religion had been replaced by reason. The kings, princes and dukes took over direct responsibility for their countries and citizens. They started to build modern states, rationally organized und fully controlled.

The main problem was that full control was difficult to achieve. The streets were in very bad condition, the countryside far stretched, the woods were dark, the villages far away. All kinds of crimes were committed, and when the police arrived the robbers, thieves and murderers had long disappeared. In time without photographs or identity papers it was difficult to trace them. The slow flow of information was also a problem.

That’s why the authorities tried to abhor criminals by show trials and spectacular executions. A witch trial was ideal, because people believed that all mischief and evil was induced by the devil. All criminals were more or less suspected of a deal with the devil.

What’s the biggest challenge we have in our time to re-imagining the world that witch prosecutors and “witches” lived in, or the biggest difference in mindset?

People in the 16th century were absolutely convinced that the devil was a real force trying to use humans to work against God’s intentions. They believed in a huge battle between good and evil, and those who changed sides and helped the devil were regarded as traitors committing High Treason.

At the same time the modern idea that everything that happens has an explainable cause made the authorities suspect the devil’s work behind every thunderstorm, not to mention deadly accidents. People were not more stupid than we are. It was the mixture of medieval superstitions and modern rationalization that led to the witch trials.

How did contemporaries of the Pappenheimers and Duke Maximilian think about this event?

It was indeed a monstrous case and quite an event at the time. The contemporaries did not doubt that 1) the Pappenheimer family had been instruments of the devil, and 2) that the brutal punishment had saved their souls. Duke Maximilian certainly regarded the execution as a means to stabilize safety in his country.

In researching the interrogations and trials in these cases, where did you get the sense that we still revert to “witch trial logic” in some modern cases? If so, when does it arise?

It’s obvious that we still interpret laws based on our beliefs and point of views. The judges involved in the witch trials thought they “knew” for certain that the devil can talk to people and make deals with them. They also believed that torture brings the truth to light. Isn’t today’s deal bargaining also a form of torture? After all the authorities tell the defendant that he will be severely punished if he does not confess. That’s what I call a forced confession. Yet it is done around the world.

Obviously, this execution is utterly horrific in its particulars. How typical would this sexualized theater — slicing off Anna Pappenheimer’s breasts, impaling Paulus Pappenheimer — have been for a witchcraft case at that time and place? How would this have been understood by witnesses, as opposed to “merely” burning or breaking on the wheel?

The point was to abhor by cruelty. People should see what horrors the criminals had to endure and tell it to everyone for years to come.

* Or, perchance, the wine was offered to revive them and protract their tortures.

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1706: Dona Beatriz Kimpa Vita, the Kongolese Saint Anthony

2 comments July 2nd, 2009 Headsman

On July 2, 1706, Kimpa Vita, a Congolese noblewoman also known by her baptismal name Dona Beatriz, was burned as a witch in Evululu.

This remarkable woman claimed to be a medium for the spirit of Saint Anthony of Padua, a popular saint in the Catholicized Kingdom of Kongo, and attracted a mass movement in the midst of civil war and social breakdown in the proud Kongo state.

Executed Today is pleased to mark this occasion with an interview with Boston University Prof. John K. Thornton, author of The Kongolese Saint Anthony: Dona Beatriz Kimpa Vita and the Antonian Movement, 1684-1706.


This is a very unfamiliar story to most, as you point out in The Kongolese Saint Anthony. So let’s begin with some orientation — the Kingdom of Kongo is in the midst of a ruinous civil war. Why?

The civil war in Kongo was basically a dynastic affair, that is, a battle between branches of the royal family for control over the throne. Kongo had a very highly centralized political structure, the king and his council had a lot of power not only over who held high office, but also who got what income, because a lot of income derived from holding office. So controlling the kingship and its related patronage was very important.

This story is very complicated, I try to lay it out as simply as possible in Chapter II of my book. To make matters short, by D Beatiz’ day it had two branches duking it out — the Kimpanzu and the Kinlaza, with Pedro IV, conveniently descended from both these families, as a sort of conciliatory figure.

And it’s a highly Catholic country. How did that come to be?

Pretty remarkable story.

Actually I think it’s the only real missionary victory that the Catholic church had in the early modern period. By that I mean that they spread the faith to a completely independent country and not just by conquest.

Officially, it was a series of miracles that both Catholic priests and Kongo elites witnessed in 1491 that led Nzinga a Nkuwu, the king of Kongo to become a Christian and be baptized on May 3, 1491 (my birthday is May 3, 1949 which I have taken to be a sort of sign that I should be studying Kongo).

However, it was Nzinga a Nkuwu’s son Afonso (ruled 1509-1542) that really established the church. Afonso provided for the funding of the church, created schools for teaching literacy and Christian religion for the nobility, had children educated in Portugal and returned to the country, and working with his own educated people and Portuguese priests also figured out how to blend the two traditions into a religion that was acceptable in the country. It’s no wonder the Church called him the “Apostle of Congo”.

The kings who followed elaborated and extended what Afonso started, especially by creating a network of schools all over the country. By and large Rome and Portugal collaborated and blessed the project, so the Pope allowed Afonso’s son Henrique to be the first Sub-Saharan African bishop in 1518, and assigned him to extend the church in Kongo (Henrique died in 1531). In 1596 the Pope made Kongo’s capital city the seat of the Bishop of Congo and Angola.

The Church grew again in the late sixteenth century when a series of kings named Alvaro (I and II, father and son, in particular) went a lot farther than Afonso had in Europeanizing Kongo. They gave the nobles titles of nobility in European fashion (Counts, Dukes and Marquis), the brought in relics from Europe (bones of martyrs, for example), established an embassy in Rome, renamed the capital city as Sao Salvador, and so on. The Kongolese ambassador to Rome, Antonio Manuel, who died in 1608 and is honored in a wing in the church of Santa Maria Maggiore in Rome, left personal papers when he died now found in the Vatican archives. They show the sort of culture a person educated entirely in Kongo could show, in addition to a fascinating array of Kongolese administrative documents — the only ones we have. He also studied Carmelite mysticism, and had correspondence from many different people all over Europe. He was clearly at home among elite Europeans and was regarded by those who met him as a cultured individual in a period when extra-Europeans were not always seen that way.

The Jesuits established a college in Kongo in 1624 and it provided advanced education along European lines until it was close just about the time that Beatriz was active. Kongo had a library, in fact, though no trace of it exists any more, found on the second floor of the Jesuit college.

So in short, the answer is that the political elite of the country decided in the sixteenth century to make their country a Catholic one, and they took vigorous steps to make it happen.

They put teachers out all through the country, visiting priests from Europe constantly met these teachers in the rural areas, they were usually literate and possessed a good deal of knowledge of European culture, some had even lived in Europe. These schoolmasters were the soul of the church; they instructed the people (using a catechism in their own language after 1624), prepared them for the sacraments and led weekly prayers at places of worship, usually large wooden crosses erected at key points all around the country.

So there’s a religious penetration that on the face of it might seem to be a religion of colonization, of foreign domination. But that’s clearly not the way most Kongolese thought about it.

It was never a religion of conquest, and for that reason, the Kongos managed to make it their own without feeling they were abandoning or being forced to give up something. In the sixteenth and seventeenth centuries foreign visitors often commented on how proud the Kongos were, of their country, their language, their food and the like, thinking that they were the best people in the world. “Congo arrogance” was a common epithet that the Portuguese who built the colony of Angola on Kongo’s southern border used to describe them.

And it’s still very true today. I go to Angola quite a bit and have been to Mbanza Kongo twice. You can feel and hear that pride even now. During the colonial period (roughly 1885 to 1975 in that area) the Portuguese tried very hard to replace indigenous languages with Portuguese and to erase African culture in a systematic way, especially after 1926. But the Kongos simply refused to be erased: they continued their language secretly, kept their special foods and taught their children that they were still the best. It worked.

Today in Angola, you see in so many places that Portuguese is the language of daily life — even street kids shout at each other in Portuguese in Luanda and the land east all the way to Malange. But in Mbanza Kongo and elsewhere in the north, the language of daily life is Kikongo, the ancient language of the country. Their pride has been a problem for Kongo, too. In 1992 a lot of them were massacred in Luanda, partially for political reasons that are very complicated, but also I think because other Angolans resent this pride. But enough on that.

Anyway, the Kongolese were proud to be not just Christians but Catholics. The Portuguese tried to invade Kongo from Angola several times, first in 1622, then again in 1657, and finally in 1670. Each time they were decisively defeated. On the other hand, the Kongos were also unable to invade Angola, as they were repelled there also, first in 1580 and again in 1665 (when the famous Battle of Mbwila was fought on the border between the two domains of Angola and Kongo).

This led to great hostility between Kongo and Portugal and especially its governors of Angola. Portuguese were massacred in the wake of the 1622 invasion and after the Battle of Mbwila in 1665, and by the 1670s they had been effectively forced to leave the country, trading their only with Africa servants called pombeiros who represented their interests. (Priests were an exception).

Yet this history didn’t impact on the way Kongos saw themselves as Catholics. King Garcia II (1641-1661) famously wrote a letter in which he proudly stated that they obeyed the Pope, vicar of Christ on earth, even though the Portuguese, whom they hated, had introduced them to the religion. Indeed, the only thing that we see in the correspondence of Kongolese kings that they do say good about Portugal was that it introduced them to the religion.

The idea of a Catholic Kongo was reinforced when Kongo made an alliance with the Dutch. This took place in 1622 in the aftermath of the failed Portuguese invasion. Pedro II, the king, sent a letter to the Dutch States General proposing an alliance in which the Dutch would send a fleet to attack Angola by sea, and Kongo would send an army by land. The first attempt to do this in 1624 failed, in part because the Portuguese went out of their way to conciliate Kongo, but the second attempt, in 1641, succeeded and for a time the Kongo-Dutch alliance (joined by the formidable Queen Njinga of Ndongo-Matamba who was also at war with Portugal) nearly drove the Portuguese out of Angola.

The Dutch hoped to use this opportunity to also convert Kongo to the Calvinism of the Dutch Reformed Church and they even had special literature designed to convert Catholics who spoke Portuguese to Calvinism. But Garcia II would have none of it, and had the books burned (it was the seventeenth century after all), and forced the ministers to leave. He wrote a letter to the Dutch Estates General protesting the attempt and in it he made the statement I summarized in the paragraph above.

Kongo tried to make contact with Dutch speaking Catholic countries in the aftermath of the third failed Portuguese invasion in 1670. It seemed like a good compromise though the Dutch never did come back to Angola to fight, and the Catholic parts weren’t part of the Dutch program.

So, that’s background — now, who is Dona Beatriz Kimpa Vita?

She was the daughter of a noble Kongo family from the region right around Kibangu, a flat-topped mountain that lays some distance east of the capital of Mbanza Kongo (on a clear day you can see that mountain from Mbanza Kongo).

She seems to have had spiritual gifts even as a youth, and had dreams of playing with angels and visions and the like. Not surprisingly, she turned to religious pursuits, becoming a nganga Marinda, a spiritual person whose role the Catholic missionaries did not like, but was widely accepted in the Kongo as legitimate. She was probably too spiritual and independent to be married, since she had two failed marriages by the time she began her prophecy.

Her movement combines both a religious renewal and a national restoration. Should one think of her as a religious person whose cause happened to have political implications, or someone who’s very intentionally trying to alter the balance of power? Is it even right to separate the secular and the religious dimensions?

I think Beatriz was trying to end war as much as anything else. This was at the height of the slave trade: thousands of people were being exported annually to Brazil, to the Spanish Indies, to Suriname, and some even to South Carolina.

The slave trade was one of the byproducts of war (along with death and destruction), and because slavery was lucrative, it helped to continue the wars in a vicious cycle. As Beatriz understood it, the solution was to end the civil war and restore the kingdom. None of the pretenders to the throne seemed able to do that.

She thought that he had sent Saint Anthony do to that, and he had come to earth and chose to be incarnate in her. It harmonized with Kongos’ belief that they were God’s chosen people (he had created Kongo himself, sending his angels to create the rest of the world), and he would intervene to set things right.

And who exactly are her followers?

Beatriz had followers from all ranks and walks of life. Pedro IV had her burned, but his own wife Hipolyta became a devotee. Pedro was intrigued by her message himself. A number of the top contenders also were either tempted or became her followers. The most notable of her followers was Pedro Constantinho da Silva, one of Pedro’s generals who saw allying with her as a chance to become king. Along with the political guys was a great mass of peasants, who really hoped for a better time and thought that Beatriz’ movement could restore the kingdom.

It was the politics of her movement that got her in trouble. Once Beatriz threw herself in with Pedro Constantinho she was doomed because the other contenders became her enemies. It was Pedro IV who managed to capture her, and he had her burned as a heretic and witch. Before she went over to Pedro Constantinho, Pedro IV had been very interested in her mission and protected her.

Dona Beatriz? Kimpa Vita?
What’s In A Name?

Kongos in those days usually had at least two names.

The first one was a zina dia santu (Saint’s name), given as a Portuguese name though often pronounced as in Kikongo and always incorporating “Dom” or “Dona” as part of the name. So someone named Joao would be called Ndozau, and someone named Miguel would be Ndomigel.

Their second name was a Kikongo name, like Mpanzu, Nkuwu, Vita, Nzinga and so on. As far as I can tell people got both names from their parents when they were born, and they probably started using the zina dia santu even before baptism. If people had two Kikongo second names, the second one was the father’s first name, sort of like the Scandanavian system where a Johan’s child is named Johansson.

Beatiz’ second names mean “scheme” or “plan” (Kimpa), and “war” (Vita). It might be because she was born in a war and this was added, or it might just be her father’s first Kikongo name. King Antonio I had Vita as an element in his name; some people use this as evidence she was descended from this king who was killed in the Battle of Mbwila in 1665. I think such a fact would have been noted at the time and I doubt it.

Nowadays, people in Angola and DRC tend to look down on the zina dia santu, which they view (wrongly, I believe) as a remnant of the colonial past. Many Angolans believe that somehow the Portuguese organized all that Christian stuff in Kongo and the local people resisted or rejected it.

I think the reason for this is twofold: first, because that’s what the Portuguese claimed during the colonial period, that they really more or less created the Kingdom of Kongo, which is totally untrue. A second reason is because most Angolans with any nationalist feeling don’t like to be identified with Portugal and so look to a non-Portuguese past. Hence, D Beatriz is rather militantly known as “Kimpa Vita” in Angola and one does not often hear her Christian name, though of course people know it.

-J.K.T.

Dona Beatriz rejects or alters a number of religious practices we might think of as essentially Catholic, like the iconography of the cross, but she’s not doing it in the name of rejecting Catholicism — she’s doing it in the name of Saint Anthony of Padua. Was there simply a pent-up need for renegotiating the way the faith worked for Kongolese? If so, did it happen in some other way after she was executed?

I think she was concerned that Christianity was too European, and one of the things she chided the missionaries about was that they did not represent any black saints.

She had direct revelation from God on her side, she died every Friday and spent each weekend in Heaven conferring with the Heavenly Father about the affairs of Kongo and so what she got there was pretty much undeniable. From these sessions in Heaven she learned the stories about Jesus being born in Nsundi, baptized in Sao Salvador and Mary being a slave of a Kongo marquis. There was probably a lot more richness to these stories that our accounts tell us.

Kongos were pretty sure, I think, that God was an African and their pride also gradually placed stories in Africa, so in this way Beatriz was confirming what people believed or wanted to believe. After her death, we find a lot of art objects, particularly crucifixes, in which Jesus is shown as an African (his features are African) and is wearing a cloth with a specifically Kongo design. Cecile Froment has recently competed a wonderful Ph.D. thesis at Harvard on this art which I think will really demonstrate how much the Church in Kongo incorporated Kongo concepts. I don’t know if Beatriz’ movement inspired this art directly, but her movement and the art together represent what many people were thinking.

An aside here. From Afonso’s time onward, there was a desire to make an independent Kongo church under its own bishop and with its own clergy. They had the educational resources to support this, so they felt they should. Alvaro II entertained ideas that he could control such a church, that the king was “vicar of his kingdom” and could appoint clergy at will. This wasn’t canonical and the church didn’t support it, even going to far as to try some of those who advised him on this through the Inquisition. But even when Kongo got its own bishop in 1596, the kings of Portugal managed to get control of appointment and put Portuguese in there.

This was the cause of endless conflicts between the kings and the bishops, particularly because of the hostility between Portugal and Kongo over Angola. Finally, a compromise was worked out. While the bishop ended up residing in Angola, and he refused to ordain many Kongolese, the priestly needs of Kongo were to be met by missionaries, who weren’t really there to spread the faith (it had already spread) but to perform the sacraments that an ordained priest could. Because Portugal didn’t want Kongolese clergy, and Kongo didn’t want Portuguese clergy, the compromise was to chose Italian clergy who were from neutral states (mostly Florence, but others as well). These priests came from the Capuchin order, a strongly Counter-Reformationist order that wanted to purge Kongo’s Catholicism of its local elements in the name of purifying the faith. That didn’t go so well, and the struggle over just how Kongo the church could be was waged along these lines.

Beatriz came into this struggle on the Kongo side. While not denying the Capuchins their place as priests, she contended with them over the theological questions. She lost this round, mostly for political reasons and not theological ones. Maybe the African Jesus of Froment’s thesis was the theological victory of Beatriz or at least her followers.

She occupies the ruined former capital. What’s the significance here? Had she remained unmolested, what trajectory might her movement have been on?

I think that messianic religious leaders like her in a politically charged environment don’t have much chance unless they are very astute or their supporters are strong. Of course occupying the capital was vital. It had been abandoned in 1678 and was in ruins, yet it was the very symbol of Kongo. The kings were all buried there, the cathedral was there. Holding the city was in effect restoring the kingdom and presumably ending the civil war.

She could only have remained in power if she had stayed with Pedro Constantinho and if his forces had been enough to protect her and to fend off the inevitable attacks that the other two primary contenders, Joao II of Bula and Pedro IV of Kibangu, would mount. Pedro ended up beating both of these two, first Pedro Constantinho in 1709 and then Joao. So with Pedro Constantinho as patron she could not have survived.

She also made the political mistake, which we can only put down to overconfidence or naivete, of going back home to her parents who lived in Pedro IV’s domain to have her baby. Having the baby also upset her, and made her feel guilty since as a saint she should not have done this.

But let’s be a bit speculative and say that Pedro IV didn’t capture her, or he decided to follow her and put distance between himself and the Catholic clergy who were obviously opposed to her. What might have happened? Perhaps he would have re-founded the church in Kongo with a new relationship to Rome, and decided to have Kimpa Vita and some sort of apostolic succession from her ordain priests and bishops. These would clearly have been drawn from the schoolmasters who ran the church in Kongo anyway. A good number of them did become Antonioans and they would have created a new church. It would have had some of its own new traditions, like the stories that Beatriz told about Jesus’ birth in Nsundi and baptism in Mbanza Kongo, or the descent of kings and the like. These might have been written since the chruch was literate and perhaps formed a new scripture. And perhaps they might have found, in time a way to reconcile this with Rome, but maybe not. It would have been an independent church as we see all over Africa now.

What exactly leads to her execution? Cui bono?

Her execution was done following her capture as described above. She was tried in a civil not an ecclesiastic court under Kongo and not church law. Kongo law prescribed punishment for witchcraft and heresy and those were the charges against her.

We don’t know what happened in her trial since the record has not survived (my dream is to find it, since there probably was one once, and who knows, it might have been sent to the Inquisition in Portugal or Angola). But all we know is what the Italian priests, Bernardo da Gallo and Lorenzo da Lucca told us, and they were not invited to the trial (fine by them; they didn’t want to be too closely associated with the results). They questioned her about her beliefs, and da Gallo’s account of that inquiry is our basis for knowing what she believed. But they could do no more on that end than hear the result. They were happy for it since that’s what they wanted too.

Her movement isn’t destroyed by her execution. What happens over the next 2 1/2 years before the Battle of Sao Salvador? And what happens after that battle: What was Dona Beatriz’ immediate legacy? Was she remembered, was her name invoked? What became of her followers?

We know the movement remained very strong in Mbanza Kongo after her death, and that Antonian prayers were shouted out by the defenders of the city in 1709. But there is not documentary mention of them further after that. But don’t read too much into this, since the documentary record becomes very, very quiet after 1710 or so — we just don’t have any details about it from any source. In fact, until I discovered a kinglist written in 1758 (I think by a Kongo) we weren’t sure how long the reigns of the kings were for the next fifty years or even what order they ruled in. It is possible that the movement survived even there.

We also know that the movement had very strong bases in the southwest part of Kongo, in lands belonging the the Kimpanzu faction that had been headed by Suzanna de Nobrega. This faction was not involved in the war in 1709 and thus would not have suffered the inevitable persecution that took place in Mbanza Kongo.

But Manuel II, the king who followed Pedro IV after his death in 1718, came from that faction and region. He had abandoned the Antonians to join Pedro, and perhaps he also suppressed the movement back home. We have a couple of letter from him, written early in his reign and dealing with ecclesiastical matters, but the question of Antonians doesn’t come up in them.

After my book was published, Simon Bockie, a librarian at Berkeley and an excellent ethnographer of Kongo (he’s a Kongo himself) wrote a critical review. He claimed that I had not made use of abundant oral traditions that he had heard in his youth about Kimpa Vita in writing my book and thus I had written an account based on only the testimony of her enemies.*

I had searched published sources in French, Portuguese and Kikongo for traditions that I could relate to Beatriz when I did my research, and I did make as much use of these as I could when I wrote. But at the time I had not been able to do research in Mbanza Kongo and so had to let that aspect go. When my wife, Linda Heywood and I went to Mbanza Kongo in 2002, we specifically asked about traditions concerning Kimpa Vita (as she is usually called today) and were taken to a man who claimed to be the local expert on her. He asked us if we wanted to hear the tradition in French, Portuguese or Kikongo (Mbanza Kongo is very near the border of the Democratic Republic of the Congo and probably half the population is trilingual). We said Kikongo, which he proclaimed to be the right answer. He then went into a half-hour or maybe forty-five-minute discourse on the question. He had some interesting things to say. First, I noticed that he gave dates in his account, but he stated them in French. Likewise, he mentioned the names of the missionaries and the Christian names of Kongo kings in French also. I thought this was strange and concluded that he had received a “fed back” tradition, meaning that he had combined what he might have known from oral sources, such as his parents or elders, with written sources that drew on the movement which was described in French at least as early as 1953.

I might have easily concluded that both his traditions and those Bockie heard as a youth were simply feed back stories made to surround an event known only from modern historical reconstruction. You can hear such a tradition and have no idea that it is of modern creation, since you might not know its sources and even the one telling you might have heard rather than read it. Personal elaboration around a few set facts is a common point of oral tradition, and thus explaining things one receives from tradition or even from books can be expanded this way.

But having said that I was very intrigued by other elements in the story which were purely Kikongo. The most important was the very significant role played in the story I heard in Mbanza Kongo by Beatriz’s mother (ngudi andi Kimpa Vita), to the point where much of the inspiration of the movement was in fact from the mother, and moreoever, the mother continued the movement after her daugher’s death.

The traditionalist went on to link modern religious movements through the descent of this mother. Was it possible that the movement did live on? I can’t say. I do know that several independent churches claim Kimpa Vita as their founder, or claim to be heirs to her message, most notably some branches of the Kimbanguist church (founded in the 1920s by a prophet named Simon Kibangu) and the Bundu dia Kongo, a rapidly growing church founded by Mwanda Nsemi in the 1960s. It could be true, or it could be simply propaganda of these movements, also fed back into tradition.

Was it unusual that this movement was led/instigated by a woman? Or would that not have been consequential to her followers and opponents?

The movement was led by Saint Anthony; D Beatriz was only his earthly form. Why he chose a woman is harder to say.

Did it make a difference that he did? Probably. Beatriz realized that the woman/man thing was a problem. When Pedro’s soldiers arrested her they challenged her, asking how Saint Anthony, who was a man, could have a baby. Her only answer was that she didn’t know, only that it had come from Heaven. She certainly was attentive to women; for example, she could make the barren bear children, and women were among her close followers.

I don’t think, though, that we should read too much into the sex issue. There were also a number of very powerful women in Kongo at her time: Queen Ana Afonso de Leao all but ruled the southeast, and Queen Suzanna de Nobrega ruled the southwest. Although Joao II ruled Lemba, everyone knew that his sister, Elena was the real ruler of that territory. There were provisions in Kongo law allowing women who reached a certain political level to have male concubines and treat them more or less as men treated female concubines.

Finally I confess that I didn’t do as much as I wanted to or could about the question of women and females in Kongo life when I wrote the book, and sacrificed some analytical asides in the interests of narrative. I tried to remedy this ever so slightly in an dense and technical article I published in the Journal of African History, called “Elite women in the Kingdom of Kongo”, not for the faint-hearted, that addressed the question of female power. I had also addressed female power in the life of Queen Njinga, who ruled in the Kimbundu speaking area south of Kongo, in another article some twenty years ago, and I hope to write more about women in the future.

Has there been a reclamation or rediscovery of her in the postcolonial period? How does Dona Beatriz/Kimpa Vita read in Angola now?

As long ago as 1996 there was an official decision to erect a statue to her somewhere in the country. There is an image of her, drawn by Bernardo da Gallo from life, on the cover of my book, so it wouldn’t be hard to do. This would be the “book” D Beatriz Kimpa Vita, with the full apparatus of scholarship, as opposed to the “tradition” Kimpa Vita, supported by the oral traditions and independent churches. It will be interesting to see how these two versions, my book, and Kongo pride run into each other.

* Canadian Journal of African Studies, Vol. 32, No. 3 (1998), pp. 645-647, in which Bockie writes,

As a child growing up in the Lower Congo listening to tales from our oral history, I heard many times about the exploits of Kimpa Vita, who was still remembered after 250 years as a major cultural heroine … It was something of a shock to find that Thornton has chosen to present his account almost exclusively through the eyes of her enemies and killers … there remains no convincing Kongo voice or presence in this book.

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1877: John D. Lee, for the Mountain Meadows Massacre

1 comment March 23rd, 2009 Headsman

On this date in 1877, Mormon leader John D. Lee was shot at the site of (and for the crime of instigating) the Mountain Meadows Massacre 20 years before.

As the only person ever prosecuted for this dreadful affair, which saw 120 California-bound settlers slaughtered by a Mormon militia, Lee “was allowed … to carry to his grave Mormondom’s guilt for this horrible and barbaric act.” (Jan Shipps)

On this anniversary of Lee’s death, Executed Today interviews author Judith Freeman, whose historical novel Red Water tells Lee’s story through the eyes of three of his 19 wives.

You grew up Mormon — what brought you to this story? I gather that it wasn’t exactly daily discourse in your youth.

I found a copy of Juanita Brooks‘ book The Mountain Meadows Massacre in a used bookstore in Port Townsend, Washington, read it and was captivated by this story.

Growing up in northern Utah, I’d only heard vague, shadowy references to the massacre. It was the dirty little secret buried in the Mormon past — except for those people in Southern Utah who lived with that story as part of every generation’s experience and shame. I felt I had to write a novel about it, in part to try and understand this question: How do you get basically good people, like those Mormon settlers, to commit such evil?

You paint a picture of John Lee through the eyes of three of his wives. What kind of man was he — and how representative of the Mormon hierarchy would that be?

I think Lee was first and foremost a brilliant pioneer and survivalist and also a big blowhard, the kind of guy who would talk your head off — affable and a bit boring when it came to promoting his own virtues and experiences. He was self-aggrandizing, he’d do anything to make a buck, he had problems with the truth. He was a suck-up to Brigham Young who became his substitute father and then betrayed him.

He wasn’t entirely trustworthy because he put his own interests before all else. He could also be incredibly generous and kind, helpful to others. He wanted people to like him though they often didn’t, and he had an ingratiating quality. He was an orphan, with an orphan’s life-long neediness. In many ways I think he was good to his wives and cared deeply about his family — all sixty something kids and 19 wives. He was an amazingly talented man, skilled at many trades and businesses.

Was he representative of the Mormon Hierarchy? I don’t know. In some ways yes but I sense he was more sycophantic than some, and had a more amusing character than others, but what they all had in common was an absolute deference to church authority. I think I might have enjoyed meeting John D. Lee, he might have been more lively and fun than Brigham Young who strikes me as a misogynist and a brittle, cold man.

What about the women — three very different characters. What’s the sense you got of life for these women as pioneers, living in a polygamous family? How did they relate to one another, and how did the massacre and the execution of John Lee change their situation?

The women were also amazingly inventive as pioneers, strong, tough, formidable women though how can you generalize about 19 different personalities? Some liked each other and some couldn’t stand each other and the good thing was that Lee was a small industry and many of his wives had their own farms so they weren’t required to live on top of each other. He understood the “kitchen thing” when it comes to women, and said he wanted every one of his wives to have her own stove. The Lee family/families were devastated by his execution. His families were left penniless and destroyed, treated very cruelly, the women dispersed and shunned, the children shamed, and this shame was carried for generations.

To what extent is polygamy in the back story of the Mountain Meadows Massacre? What, for that matter, was the massacre really “about” in your judgment?

Polygamy had a small role to play in the massacre. The practice of polygamy, outlawed by the United States, was a part of what disturbed Washington and caused the federal government to send troops to Utah, which scared the Mormon populace into committing violent acts. One must remember that they had been the victims of violence and massacre, and fear turned in their minds.

What the massacre was really about, in my judgment, was the struggle for power in Utah. Would Brigham Young and the Mormon hierarchy control the territory and be masters of their own destiny, or would the federal government impose control of the “fiefdom”? The massacre came out of the idea the Indians could be made to carry out an attack and then the government would be forced to realize that if the Mormons were not allowed to control the territory and “their” natives, terrible things could happen. But the whole thing got out of control and took on a terrible life of its own.

John Lee: murderer, scapegoat, or both? How did he come to be prosecuted at all, and how to be the only one prosecuted?

John D. Lee was both murderer and scapegoat. He was bold and careless enough to hang around the area after the massacre, and to prosper from his various businesses and appear almost indifferent to what had happened — perhaps he thought he had the protection of the church authorities who continued to insist the Indians had committed this atrocity. A lot of others who’d participated in the massacre left the area, driven out by fear and shame. But Lee hung on.

John D. Lee, seated beside his coffin just before his execution.

How he was thrown to the wolves by the church authorities is a long story, as is the story of his two trials. He was the easiest person to scapegoat. He took the bullet for his church, and I think the authorities felt that they could put the affair behind them once he was dead, and they did for a very long time, until brave little Juanita Brooks wrote her book in the 1950s and was the first to tell the truth: the Mormons did it.

Does the Mormon church have some unfinished reckoning here? If so — why, after all these years?

Who cares what I think? But in my opinion, of course they do. They need to stop saying it was a “local” affair, carried out by some “local” renegade fanatics in southern Utah. The whole situation that led to the massacre was put into motion by people high up in the church, but I doubt very much they’ll ever go there and admit that. Too many lawyers, too much money, too impossible to admit culpability of prophets, seers, revelators.

Finally, I just want to say that after writing Red Water and thinking about this massacre for the five years it took to research and write the book, this is what I came to believe about how you get good people to do bad things.

You need to get three things going: First, you have to make people afraid and use that fear to manipulate them (think of 9/11). Second, you need get people to obey some greater force or consciousness other than their own — the Mormons had a principle of Perfect Obedience where you were required to subject yourself to the authority of the priesthood and church elders, but this idea could as well be inculcated in the concept of patriotism, or military duty. The point is, you subdue your own conscience in favor of deferment to an outside force. Third, you make people think their system is better than the other guy’s, that you’re doing God’s will, that your sense of right is greater than theirs. If you can make people think they are doing God’s will, you can get them to do anything. Get these three things going, and you can get good people to commit great evil.

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1977: Hamida Djandoubi, Madame Guillotine’s last kiss

6 comments September 10th, 2008 Headsman

On this date in 1977, the guillotine claimed its last head.

The famous and infamous blade dropped for the last time at Les Baumettes prison in Marseilles on Hamida Djandoubi, a Tunisian immigrant convicted of the torture-murder of the naive young girlfriend he had forced into prostitution. Oddly, he had already had another appendage — a leg — amputated as a result of a work accident; it was while recuperating that he caught the fascination of his hospital roommate’s 19-year-old daughter, Elisabeth Bousquet.

Though the death penalty was grinding to a halt in 1970’s France, Djandoubi was not the last person condemned (the link is French); the guillotine was only abolished with the election of the Francois Mitterand government in 1981.

Today, Executed Today discusses the case with the man who wrote the book on Djandoubi:* expat Canadian writer Jeremy Mercer. Be sure to check his photo series on the Djandoubi case — including discomfiting shots of Djandoubi re-enacting his crime with a police secretary playing the victim, and the killer in happier times.

ET: Thanks for joining us.

JM: Thanks for the opportunity to speak with Executed Today. I moved to Marseille in 2003 and shortly after I stumbled upon the rather arcane fact that the last man guillotined in France was executed at the local prison on September 10, 1977. I thought it was interesting angle on capital punishment and I decided to try and write a book that mixed true crime and death penalty philosophy. As a result, I’ve been immersed in the death penalty debate for the better part of five years.

Let’s start with Hamida Djandoubi himself — 31 years on, he looks like a nasty but fairly run-of-the-mill criminal. Was it strictly coincidental that he became the last man executed?

It was absolutely random fate. It was really odd – during the 1970s, the death penalty debate was raging in France and most capital cases became national news. But the Djandoubi case went completely under the radar, partly because his lawyer didn’t drum up any attention and partly because his victim was a presumed prostitute and the media prefers ‘sexier’ victims – the elderly, little children, a dentist of good standing walking her dog at night.

Even odder, if you surveyed most French people today, they would tell you that Christian Ranucci was the last man guillotined. Ranucci was a young white man who was accused of killing a little girl. He claimed his innocence, but was nonetheless executed in June 1976 (14 months before Djandoubi). Afterward, a best-selling book and major film were released that argued Ranucci was innocent so his name really sticks in the minds of the French.

Obviously, there’s plenty of tension with North African communities in France still today. Djandoubi was Tunisian, and he was convicted of murdering a white woman. How significant was racial marking in the way his case was handled, inside the courts and out?

This is really curious. In the 1960s and 1970s, the French courts were tainted by racism and one of the national papers even ran an editorial saying that it is better to be named “Marius than Mohamed” when appearing before a French judge. But, in this case, it was Djandoubi’s own lawyer who was a member of a far-right party and staunchly anti-Arab so his case was undermined even before it went to court.

It is one of those frustrating moments. You assume that a death penalty case is of such importance that top professionals are involved. Instead, Djandoubi chose the civil lawyer who negotiated his accident benefits after he had an accident at work and ended up with a very poor defence.

As I said above, his murder victim had worked as a prostitute, which diminished some of the public outrage. As well, his three rape victims were all Algerian girls aged 14 – 16. I guarantee you the case would have been much more explosive if those three girls had been white.

Your book is partly about Djandoubi himself, and partly about the history of the death penalty and especially the guillotine in France. How had the guillotine shifted in France’s identity by the time of this execution?

At first, when the guillotine was introduced, it was public sensation and executioners became celebrities with special edition postcards in their honour and fan mail and all that. As late as the 1860s, tour groups like Thomas Cook were actually organizing execution trips so English tourists could see the guillotine at work. But, bit by bit, the French became a little embarrassed by the fame of the machine. First, they removed the scaffolding that raised the guillotine above the crowds so that it would be brought down to earth and spectators’ views would be impaired; then, they stopped holding executions in the afternoon and held them at the less fan-friendly time of dawn; then, instead of guillotining people right downtown, they did it outside a prison in an obscure neighborhood at the edge of Paris; and, finally, in the 1930s they moved the guillotine inside the prison walls and it was no longer a public event. By the 1970s, the guillotine held such a low profile that many people thought it was defunct and that the French government was using the electric chair.

Interestingly enough, the fall from glory of the guillotine mirrors the general attitude toward capital punishment. By the late 1800s, many countries were already abolishing the death penalty and by the 1970s France was the last country in Western Europe to resort to capital punishment. In the end, the guillotine became the country’s dirty little secret that they kept hidden in their closet.

What are the bits of guillotine folklore you found most interesting?

The most popular stories involve the life in the head after it is severed from the body. It all began with the guillotining of Charlotte Corday, who had stabbed Jean-Paul Marat to death as he soaked in his bathtub. After she was guillotined, the executioner held her head up to the crowd and slapped her on the cheek. But, according to newspaper accounts, both cheeks reddened, as if Corday was indignant by this treatment. Suddenly, everyone began to wonder what a severed head can feel or think.

This curiosity became even more intense a few weeks later when the chief executioner, Charles Henri Sanson, guillotined two political rivals one after the other. He told friends that when he looked in the basket where he kept the heads, one politician’s head was biting the other politician’s head!

So, all this got the scientists really excited and the experiments began. One doctor, Dassy de Ligières, was allowed to take a head back to his laboratory where he connected it to a living dog and pumped blood back into it. He kept hoping the head would speak, but alas, no.

The definitive experiment was conducted in 1905 when Dr. Beaurieux was given permission to wait beside the guillotine and examine the head the moment it was cut. Dr. Beaurieux interviewed the condemned man in prison and came up with a pre-arranged set of signals. The day of the execution, the doctor had incredible luck –the head did a little twist when falling and landed on the stump, slowing the loss of blood. Dr. Beaurieux then called the man’s name three times. At 5 seconds, the man was able to look at the doctor and his recognize him; at 15 seconds, the man was able to look at the doctor but his eyes were unfocussed; and at 25 seconds, the man could barely glance at the doctor. So, to the best of our knowledge, a guillotined head maintains some level of consciousness for more than 20 seconds.

You’re working with Robert Badinter — tell us about him, and his upcoming tour in the U.S.

Robert Badinter is simply the greatest man I’ve ever had the honor of working with. He became a dedicated abolitionist after one of his clients was unjustly guillotined in 1972 and dedicated the next decade of his life to fighting the death penalty. In the end, he saved six lives and ultimately wrote the legislation that abolished the death penalty in 1981 when François Mitterrand named him Minister of Justice.

I interviewed Badinter for my own book in 2005 and he asked me if I could look into translating one of his books into English. When I had time in 2007, I set about the task and now Abolition has been released by Northeastern University Press.

Badinter’s Abolition, in French and in Mercer’s translation

To mark the book’s release, Badinter will be holding three conferences in America on the death penalty and strategies to abolish it:

Why, in your judgment, did France abolish the death penalty? And even before abolition, why did its use abate so dramatically in the postwar era?

For many people, it was a tremendous humiliation for France, the birthplace of human rights and the Enlightenment, to be the last country in Western Europe to use the death penalty. The abolition movement began when Portugal abolished the death penalty for common crimes in 1867 and by the late 1970s, nobody was using it in Europe. Even in Spain, one of the first things they did after the death of Franco was abolish the death penalty.

So, the use of the guillotine simply had to abate because the world was becoming aware that the death penalty is a flawed punishment: the risk of executing innocents, the cost of capital trials, the predominance of poor and minorities on death row, the lack of deterrence value. But, as long as there was a right-wing government in power in France, they couldn’t abolish the death penalty because they wanted to appear tough on crime and polls showed a majority of the French people wanted to keep the guillotine.

Once Mitterrand and the Socialists were elected in May 1981, it was clear the death penalty would be abolished, and sure enough, five months later it was gone

Where do you think the death penalty is going in America? And can one really think of worldwide abolition as a legitimate possibility?

I am absolutely convinced we will see almost worldwide abolition by 2050. There will always be a few rogue states, but the death penalty is such an obviously flawed form of punishment it will inevitably be eliminated.

In terms of America, Badinter and I have discussed it at length. He believes the country is ready for abolition and that all is needed is one trigger case: a middle class white guy with a reasonable claim to innocence who is about to executed. This would really instigate a debate on the penalty and as soon as you bring in all stats – the 130 plus people who have been exonerated while on death row, the work of the Innocence Project, the race bias, the cost of capital trials, the overworked public defenders etc etc – I think it would be a slam dunk.

Personally, I think people are selling the abolition the wrong way. Every time I meet a die-hard death penalty supporter who wants a serial killer or a child rapist killed, I ask him or her “Why are you so merciful?” Because, I honestly believe life in prison is a far worse punishment than being executed.

* Here’s a review of Mercer’s book.

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1993: Mohamed Mustafa Tabet, serial rapist with a badge

1 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.

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1803: Edward Marcus Despard, a patriot without a nation

8 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.

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1739: Penelope Kenny and Sarah Simpson

2 comments 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.

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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

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1962: Arthur Lucas and Ronald Turpin

5 comments 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 small-time 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, etc.

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 likely 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.

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You read it here first: Cameron Todd Willingham execution profiled in February 2008 now receiving widespread (and official) scrutiny as likely wrongful execution. Is Willingham alone? Hardly: remember the name Ruben Cantu.

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