Posts filed under 'Where'

1557: Galvarino, Mapuche warrior

Add comment November 30th, 2015 Headsman

On this date in 1557, the handless Mapuche cacique Galvarino was executed by the Spanish during the Arauco War.

The Mapuche people, still extant today, inhabited present-day Chile and Argentina; Spanish explorers pushing south from the wreck of the Inca Empire encountered them, and naturally antagonized them.

Rebellion broke out among the Mapuche in 1553, led by Caupolican and his able commander Lautaro; they won some signal victories but the conflict was never decisively finished by either side. The Arauco War — encompassing many distinct rebellions and campaigns punctuated by relative calm — ran until the early 19th century.

Our fellow Galvarino was elevated to folk hero status by the Spanish in the very first period of rebellion when he was captured in battle at Lagunillas. Instead of cutting off his head, the Europeans chopped off his hands — then sent him (with a number of like mutilated prisoners) back to his people. The intent was to make a terrifying example, but Galvarino made the example his own: brandishing the bloodied stumps and oratorical fury to match, he incited his comrades to further resistance.

At the Battle of Millarapue on this date in 1557, hours before his execution, the Spanish beheld him urging on the Mapuche:

My Brothers, why have you stopped attacking these Christians, seeing the manifest damage that from the day which they entered our kingdom until today they have done and are doing? And they still will do to you what you see that they have done and they are doing? And still they will do to you what you see that they have done to me, cut your hands off, if you are not diligent in making the most of wreaking destruction on these so injurious people for us and or or our children and women!

But by evening, the Spanish carried the day — and once again had Galvarino in their custody.

“The poet Ercilla, impressed by the Indian’s valor, made every effort to keep him from being executed, arguing that he had seen Galvarino changing sides and joining the Spanish troops,” writes Guillermo I. Castillo-Feliu in Culture and Customs of Chile. “Galvarino, displaying his mutilated arms, until then covered by a shawl, refused Ercilla’s offer to commute his death sentence and said that he only wished that he could tear his enemies apart with his teeth.”

They put him to death straightaway. Accounts of the execution method range from hanging to impalement to being thrown to dogs.

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Entry Filed under: 16th Century,Capital Punishment,Chile,Death Penalty,Execution,History,No Formal Charge,Occupation and Colonialism,Power,Soldiers,Spain,Summary Executions,Torture,Wartime Executions

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1986: The Moiwana Massacre

Add comment November 29th, 2015 Headsman

On this date in 1986, during the opening months of a guerrilla war that would last until 1992, a 70-man detachment of Suriname soldiers raided the village of Moiwana, home of the rebel leader Ronnie Brunswijk, and massacred dozens of people.

Drawing made c. 1990 by an eight-year-old refugee of Moiwana. Image from Richard Price’s “The Killings in Suriname”, Cultural Anthropology, November 1995.

Sealing the roads, the team went house to house for four hours, torching houses and slaughtering any of the Ndyuka civilians who couldn’t escape into the surrounding jungle.

“Everyone was shot — the unarmed women, pregnant women, a baby barely seven months old,” goes the account in Memre Moiwana, a publication of the NGO Moiwana ’86. “No distinctions were made.” Some were mowed down with automatic weapons; others slashed to death with machetes. At least 38 people died, though various sources posit estimates running to upwards of 50.

In the weeks following, nearby Ndjuka villages in eastern Suriname shared a like fate, often bombarded by helicopters and finished off with bulldozers while death squads hunted suspected guerrillas. The U.S. State Department reported 244 Ndyuka people killed that December. A United Nations investigator entering the area months later reported that “no human being or living creature was seen apart from starving dogs in [one such town] Albina. The jungle vegetation had taken over the destroyed buildings.”

A police inspector named Herman Eddy Gooding who had the temerity to investigate these massacres while the guerrilla war was still ongoing was found mysteriously shot dead in 1990. (See Rainforest Warriors: Human Rights on Trial) In 2005, however, survivors of Moiwana won a suit against the army of Suriname before the Inter American Court of Human Rights.

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764: St. Stephen the Younger, iconodule martyr

Add comment November 28th, 2015 Headsman

This is the supposed martyrdom date, in the year 764 or perhaps 765, of St. Stephen the Younger in Constantinople at the hands of an iconoclastic emperor.

Ancient and “dark ages” history characteristically comes with all kinds of problems arisng from the paucity and prejudice of primary sources. Byzantium’s century of Iconoclastic controversy is a fine example.

In this period from approximately 726 to 842, the empire was rent by a conflict between iconophiles or iconodules — proponents of the use and adoration of religious imagery in Christian worship — and iconoclasts — who abhorred same as a form of sacrilegious idolatry.

This was deadly serious stuff in the way that only Byzantine sectarian conflict could be, but the controversy was not strictly about defining the Biblical injunction on graven images. As the excellent History of Byzantium podcast explains in its iconoclasm episode,* it likely manifests “an empire-wide reaction to the trauma of defeat” — battlefield defeat by the rising armies of Islam, and with it a shaken confidence in the favor of God. (Islam’s hard line against idolatry surely can’t be coincidental.)

But in posterity we are reduced to these muddy qualifiers because as the winning party in the dispute, iconodules wrote the history. That’s no moralistic stab: iconoclasts, too, burned the enemy’s tracts when they had the opportunity; had they prevailed in the end, they would have blurred out the background, motivations, and achievements of their rivals as readily as the iconodules did and leave those who followed to read between the lines of a partisan history. Indeed, Bissera Pentcheva’s recent Icons and Power: The Mother of God in Byzantium even contends that the legendary centrality of icons to Byzantine religiosity was an invention of the post-iconoclastic era, with events like the Marian icon’s saving Constantinople during the Avar siege of 626 backfilled to replace the original story about Marian relics working the divine intervention.

Iconoclasts plastering over an icon.

The iconoclastic era opens in the late 720s; according to the (iconodule, naturally) saint and historian Nicephorous, its immediate trigger was the devastating 726 eruption of the Greek island Thera (Santorini) — and affrighted by the apparent divine wrath, “the impious emperor Leo [III] started making pronouncements about the removal of the holy and venerable icons.” He’s alleged to have taken down a particularly revered icon of Christ on Constantinople’s Chalke Gate.

Nevertheless, it is difficult to get a firm fix on what specific anti-icon policies Leo promulgated, if indeed there were any at all. (The Greek term for “pronouncements” could be understood simply as “comments” instead of “edicts”.) It is Leo’s son Constantine V, succeeding the purple in 741, who clearly brings an overt imperial turn against icons, for “He cannot be depicted. For what is depicted in one person, and he who circumscribes that person has plainly circumscribed the divine nature which is incapable of being circumscribed.” Constantine convened an ecumenical council that ruled for his anti-icon position and set about removing images from churches.

Against this campaign was ranged the bulk of the clergy — church vs. state is another possible and difficult-to-measure dimension of the whole dispute, although Constantine’s ability to win the acquiescence of hundreds of bishops must complicate this interpretation.

The great champion of and martyr for the iconodule position in this time was St. Stephen the Younger. That’s “younger” vis-a-vis the original St. Stephen, Christianity’s protomartyr.

As befits that exalted company, this monk and hermit was credited by his adherents with a supernatural power in the iconoclasm debate.

A man blind from his birth visits the saint with suppliant outcry for relief. “If you hast faith in God,” he replies, “if thou art a worshipper of His image, thou shalt behold the light and the beauty of hidden things.” Scarcely had the words gone forth, when the blind man rejoiced in beholding light. A woman brings to him her son “grievously vexed with a devil,” and a distressing scene is described. Stephen bids a disciple to apply the sign of the Cross to the whole afflicted body. The saint calls upon God with many tears. Finally he delivers the boy safe to his mother, when the image of Christ has been adored. An infirm soldier comes with entreaty for relief. The saint bids him adore the images of Christ and His Mother, and immediately he is restored. The soldier afterwards repudiates image-worship before the Emperor, who at once promotes him to the rank of centurion. Leaving the imperial presence he would mount his horse; the horse rears, throws him to the ground, and tramples him to death. Such is the life of the younger Stephen as related with awe-struck delight in Greek and Roman martyrologies. (Source)

And so forth.

The emperor is alleged by the hagiographies to have sought Stephen’s destruction for many years, being continually frustrated even to the point where Stephen’s torturers in prison seemed unable to finish him off. “Will no one rid me of this monk?” Constantine cries, anticipating Thomas a Becket by a good four centuries. His soldiers finally clubbed to death the obdurate cleric on November 28, 764. (For a critique of Stephen’s hagiography, including a death date that proves questionable (no surprise), see this pdf.)

But not for the first time, an imperial innovation in theology failed to outlast the patronage of its sovereign. After Constantine’s death, Empress Irene** restored the iconodules to favor† — and set the stage for a great flowering of Orthodox icons in the centuries to come.

* Also see Episode 75, delving into Constantine’s iconoclasm.

** The fact that the extant remnant of the Roman Empire had no emperor — merely a woman ruler — formed part of the rationale for the western church crowning Charlemagne “Holy Roman Emperor”. This slap in the face to Constantinople could occur because a papacy long deferential to Byzantium had at last broken with the East in the mid-8th century … in part, over iconoclasm.

Emperor Leo V restored official iconoclasm in 813 for another 29-year run as imperial policy before the movement’s final defeat.

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1512: Five young Ottoman princes

Add comment November 27th, 2015 Headsman

For many generations from the 14th to 17th centuries, new Ottoman heirs maintained themselves by the cruel practice of preventive fratricide.

Enforced at varying levels of systematicity, the destruction of the men best positioned to assert a claim of bloodline legitimacy against the new sultan might arguably have been one of the bulwarks of the empire’s prosperity. It insulated the Sultanate from protracted succession crises, civil war, and political fragmentation. With each generation’s passing, power coalesced into one man.

Precedent for this sanguine consanguity policy runs back at least to the 1389 Battle of Kosovo, where the death of the sitting sultan resulted in the soldiers’ enforcing their acclamation of Bayezid I as his heir by putting to death the sultan’s brother Yakub.

The sagacity, if not the humanity, of Bayezid’s action was underscored in 1402 when Bayezid was captured in battle by the Timurids and the ensuing 11-year “Ottoman Interregnum” saw the empire strained near to breaking as brother fought brother for succession until Mehmed I emerged victorious in 1413. Having attained power by killing off three siblings, he got the nickname “Mehmed Kirisci” — “Bowstring Mehmed”, after the implement by which the mighty were strangled out of the Turkish game of thrones.

His grandson Mehmed II, the man who conquered Constantinople, formalized what had been simply wise practice into written law, e.g.:

And whoever of my children manages to reach the throne, it is fitting that he should kill his brothers, for the sake of the order of the world. Most of the ulema permit that. Let them act on that. (Source)

In Mehmed the Conqueror’s day, the child “managing to reach the throne” was the winner among the sons, who were posted to various regional outposts to earn their spurs in governance, in a scramble back to the Porte upon word of the old man’s death. This meant that in life, the boys were in a constant struggle for the privilege of central assignments and to nurture their own palace networks who when the day came could provide speedy notification of the impending succession and smooth recognition of a claim by the state apparatus. “The first son to reach the capital and win recognition by the court and the imperial troops became the new ruler,” Donald Quataert writes. “This was not a very pretty method; nonetheless it did promote the accession of experienced, well-connected, and capable individuals to the throne, persons who had been able to win support from the power brokers of the system.” The sitting sultans naturally put their own thumbs on the scale, too.

We are arriving, ever so circuitously, to the date’s honorees, and as one might suppose they were princes of the blood.

Come 1512, we find Mehmed the Conqueror’s son Bayezid II forcibly deposed by his son Selim. All those incentives favoring experienced, well-connected and capable individuals could also induce such a figure to take his advantage when it presented itself rather than awaiting the mischance of racing messengers. In Selim’s case, the father openly favored a different brother, Ahmet, so Selim and Ahmet were at each other’s throats (and dad’s too) well before Bayezid departed the scene.

Long story short, Selim got the kingmaking Janissaries on his side and lodged himself in the palace but his brother fought on against him. Selim would have to secure his power in 1512-1513 by an unusually thorough purge that set him up to earn the nickname “Selim the Grim”.*

Selim had seven brothers, five of whom were fortunate enough to predecease their father, and these seven brothers had collectively fathered nine sons of their own. Selim had quite a number possible rivals to dispose of.

In the months after his conquest of power, Selim wintered in Bursa, where he had interred five of his young nephews. (The other four nephews were all Ahmet’s sons, and still at large.) Some bout of fresh resistance by Ahmet induced Selim, on November 27, 1512, to do the grim thing:

The eldest of them, Osman, son of Prince Alemshah, was twenty years old; the youngest, Mahomet, son of Prince Schehinshah, was only seven. Selim sent Janissaries to apprehend them, and they were shut up by his orders in one apartment of the palace. On the next morning, the Sultan’s mutes entered to put them to death. A fearful scene ensued, which Selim witnessed from an adjoining chamber. The youngest of the captive princes fell on their knees before the grim executioners, and with tears and childish prayers and promises begged hard for mercy. The little Prince Mahomet implored that his uncle would spare him, and offered to serve him all the days of his life for an aspre (the lowest of all coins) a day. The elder of the victims, Prince Osman, who knew that there was no hope of mercy, rushed fiercely upon the murderers, and fought hard for a time against them. One of the mutes was struck dead, and another had his arm broken. Selim ordered his personal attendants to run in and assist in the execution; and at length the unhappy princes were overpowered by numbers, and strangled. Their bodies were deposited with all display of royal pomp near the sepulchre of Amurath II. (Source)

Six months later, Ahmet — defeated and in his own turn throttled with a bowstring — joined them in the same tomb.

* All told, Selim the Grim ordered something like 30,000 executions in his eight-year reign.

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2009: Hu Minghua and Su Binde, child abductors

Add comment November 26th, 2015 Headsman

China on this date in 2009 executed two men for trafficking kidnapped children.

“The crimes of children trafficking are on the rise,” said a spokesman for the Supreme People’s Court. “Children trafficking gangs now have clearer division of work and more children of migrant workers have been abducted.”

Kidnapping has been a major problem in China for many years, one which authorities have fought in vain with ever-strengthened legal sanctions. Needless to say the executions marked this date hardly abated the trend.

Up to 70,000 children are thought to disappear by abduction in China every year — particularly boys, for whom there is a lucrative market.

The men executed Nov. 26, 2009 seem to have emerged right from this unfortunate suq: 55-year-old 55-year-old Hu Minghua of Yunan Province was condemned for trafficking seven different children, plus heroin besides; 27-year-old Su Binde of Henan Province had six child abductions to his name over the course of just 10 months. (Su also led an armed robbery gang in Liuyuan Township that killed at least one man.)

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1836: Six Creek rebels, amid removal

Add comment November 25th, 2015 Headsman

We ask you how the Muscogee Nation came by this country? You came from the west and took the country from another people who were in possession. After living here a great many years, the people from over the big waters came in large vessels and took some of the country from you and set up their own government, and made laws, & made you obey them …

you must be sensible that it will be impossible for you to remain, for any length of time, in your present situation, as a distinct society or nation, within the limits of Georgia, or any other State. Such a community is incompatible with our system, and must yield to it. This truth is too striking and obvious not to be seen by all of you, surrounded as you are by the people of the several States. You must either cease to be a distinct community, and become, at no distant period, a part of the State within whose limits you are, or remove beyond the limits of any State …

Brothers, we now tell you, what we, in the name of your Father the President, want you to do. We want the country you now occupy. It is within the limits of Georgia and Alabama. These States insist upon having their lines cleared. The President will do this by giving you a better country, and will aid you in removing; protect you where you may go, against whites and all others, and give you a solemn guaranty in the title and occupancy of the new country which you may select … By deciding for yourselves, it may prevent others from deciding for you.

-U.S. federal communication to the Muscogee Creek chiefs, Dec. 9, 1824

Brothers, you have been deceived. A snake has been coiled in the shade, and you are running into his mouth … drunk with the fire of the pale-face. Brothers, the hunting grounds of our fathers have been stolen by our chief and sold to the pale-face, whose gold is in his pouch. Brothers, our grounds are gone, and the plow of the pale-face will soon upturn the bones of our fathers. Brothers, are you tame? Will you submit?

-Opothle Yoholo

On this date in 1836, six Muscogee Creek rebels were hanged in Alabama as murderers.

This age of the bellicose Andrew Jackson comprised the peak years of America’s Indian Removal — a frightful term denoting the forcible expulsion of indigenous nations from America’s east to her frontier wastelands. This was the fate ordained for the Creek people of Alabama, just as it was with their “civilized tribes” brethren, the Choctaw of Mississippi and the Cherokee of Georgia and the Carolinas.

Jackson himself had tangled with the Creek during his career-making appearance as America’s up-and-coming caudillo in the War of 1812: the eponymous Fort Jackson in Alabama was the base from which the Tennessee militia captain had defeated rebellious natives in the 1813-1814 Creek War and forced upon them the Treaty of Fort Jackson.* “Numberless aggressions,” read that document, “had been committed [by the Creeks] against the peace, the property, and the lives of citizens of the United States.”

So small wonder that as President, Old Hickory — for whom Indian Removal was a signature policy — had no time for Creek appeals to Washington to uphold their treaty rights in Alabama and Georgia. Their defeat in 1814 had left the Creek polity a powerless dependency, whose rights and even survival extended precisely so far as the American government wished. With the shrunken remnant** of their ancestral lands increasingly sought by white settlers, all the pressure within Anglo America ran towards the ethnic cleansing option.

“Voluntary” emigration under steady white pressure gnawed away at Creek numbers in the Southeast for a decade or more preceding the events of this post, but there was always going to be a militant slice of the population for whom no inducement short of violence would suffice. In 1836, land incursions finally triggered a Creek revolt, and became the Second Creek War — Jackson’s justification at last for completing the long-sought elimination of the Creek in the East.†

“The Creek Indians, below the Federal Road, are all in arms and killing every white person they have fallen in with,” ran the May 12, 1836 Macon Messenger. Everything was in “confusion and disarray” — the fleeting advantage of initiative while Anglos mustered an overwhelming response.

Attacks on stagecoaches this same month “created a greater sensation throughout the country than any previous act of Indian hostility,” per this public domain history of Columbus, Ga. (The town abuts the Alabama border.)

Two stages carrying the United States mail, going from Columbus to Tuskegee, Ala., were attacked about eighteen miles from Columbus. The Indians killed Mr. Green, one of the drivers, and two horses, and robbed the mail. The next day a party of fifteen men started to come through to Columbus with two stages. Some of these men were passengers and others volunteers who accompanied the stages to assist in their protection.

It was for this raid that claimed Green’s life that Tuscoona Fixico and four others — never named in any source I have been able to find — were condemned to hang on Nov. 25, alongside a man named Chilancha for the unrelated killing of a man named Fannin during the uprising.

The Second Creek War went much the same way as the first, and proved those American diplomats prescient as to the inevitability of the conquered peoples’ fate. Today, the Poarch Creek — numbering barely 2,000 — are the only remaining band of Muscogee Creek in Alabama.

* It was from this engagement that Jackson proceeded to the famous Battle of New Orleans.

** In one vain bid to stanch the loss of Creek territory, the tribe — incensed by the Treaty of Indian Springs — had in 1821 enacted capital punishment for anyone who sold land to whites. It was on the strength of this statute that Creek assassins murdered/executed the collaborationist chief William McIntosh in 1825.

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1950: Norman Goldthorpe, knot botch

Add comment November 24th, 2015 Headsman

On this date in 1950, Norman Goldthorpe hanged at Norwich prison.

Goldthorpe’s was an open-and-shut case. In a drunken fury when his married lover ditched him for the hubby, Goldthorpe tracked down a 66-year-old prostitute he knew and strangled her to death. Neighbors had seen him coming and going.

Because the realm’s veteran lead hangmen, Albert Pierrepoint and Stephen Wade, had been engaged for an execution in Scotland, the job fell to Harry Kirk. Kirk had been an assistant executioner, a job that entailed helping measure the drop of the rope and set up the gallows, but he had never been the head executioner. That job required actually noosing the prisoner and throwing the lever to drop the trap. The difference wasn’t merely one of degree, but of kind … as Kirk (and Goldthorpe) unpleasantly discovered.

Syd Dernley, the assistant executioner turned memoirist whose career we’ve touched on before, was Kirk’s number two. As he recalled, the whole engagement started off in, er, mortifying fashion.

Having checked into Norwich prison and completed their pre-hanging walk-through, Dernley and Kirk were killing time on the eve of the hanging with a prison guard. Dernley had brought along a book of dirty jokes and before long it had the three of them in uproarious laughter. That is, until “there was a loud pounding on the floor.”

The young screw stiffened, and the smile frozen on his face for an instant before it was wiped away by a sick look of understanding. “Oh Christ!” he exclaimed. “Oh bloody hell!”

A feeling of apprehension hit me in the stomach.

“Don’t make any more noise,” said the screw, now white-faced, in a whisper. “It’s the condemned cell down below … they must be knocking on the ceiling with something.”

Think about that one the next time you recollect your worst faux pas.

Well, this wasn’t even Kirky and Dernley’s worst of the Goldthorpe job.

Moments after Goldthorpe dropped 7 feet, 8 inches down through the Norwich jail trap, Dernley remembered, “I heard the most spine-chilling sound I ever heard in an execution chamber. From the pit came a snort … and then another snort … and another and another! The rope was still, the head seemed to be over … but there were noises coming from under the hood!”

Blessedly for all concerned, the wheezing stopped within a few moments. Dernley maintains in his book that Goldthorpe’s neck was actually broken, the snorts an involuntary muscular contraction. But he admitted otherwise in a subsequent interview: “I feel that it was a bad job — the man was dying on the rope. It had not broken his neck, but he was dead a couple of minutes afterwards.”

After fretting a nervous hour away while the body dangled for the regulation time, the hangmen finally got a look at what went wrong: the linen hood tucked over the man’s head in his last instant of life had snagged in the eye of the noose, and jammed it up before it could tighten all the way.

In Dernley’s estimation, the rookie hangman botched it by going too fast. Pierrepoint, who had hundreds of executions to his credit, was famous for his lightning-quick hangings, with nary a wasted motion. Dernley relates one instance where the master, in a showoff mode, lit a cigar and set it down before commencing the hanging procedure, and was in time to pick it back up for a puff before it went out while his prey twisted at the bottom of a taut rope. But Pierrepoint’s speed, which helped define the Platonic ideal of an execution for Britain’s last generation of hangmen, was not an end unto itself but a product of the master’s expertise.

Kirk “had been trying to go too fast,” Dernley wrote. “He was trying to show that he was as quick as Pierrepoint. When he put the noose round Goldthorpe’s neck he should have seen that the bag was not properly down; maybe he did, maybe he thought it was near enough, and let it go.”

It was the last hanging Harry Kirk ever worked.

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1825: Angelo Targhini and Leonidas Montanari, carbonari

Add comment November 23rd, 2015 Headsman

On this date in 1825, alleged carbonari plotters Angelo Targhini and Leonidas Montanari were guillotined by Papal executioner Mastro Titta.

This excommunicate revolutionary secret society was spending the 1820s — a decade in-between revolutions — harrying the restored crowned heads of Italy and France with assassination plots.

It was accordingly much-harried in its own turn, to the repeated profit of this grim chronicle.

The pair we feature today were casualties of all that cloak-and-dagger, specifically the latter.

The story (Italian link) goes that the Carbonari became convinced (correctly) that one of their number, a Filippo Spada, was informing against them; thereupon, our Angelo Targhini — very much the impressionable young zealot — was tasked with stabbing the turncoat to death in an alley. The victim, known familiarly as “Spontini”, survived the attack. Montanari, a physician, was one of the first on the scene but arriving policemen perceived that the “treatment” he was applying to the victim was actually deepening his wounds, and seized him as a conspirator.

Montanari admitted nothing of the kind and was accused solely on the impressions of police plus the information of another informant. But he was in no position to impeach this information because it was a secret court of the automcratic Pope Leo XII that condemned both men for treason — solicitous of neither defense nor appeals.

In his diaries, as detailed here as ever, the headsman Mastro Titta reports receiving death threats. Security on the Piazza del Popolo, “thick with people, as I never saw her,” in Titto’s words, was extremely tight — but no public disturbance or carbonari raid disturbed proceedings. That was left only to the prisoners, who declined to receive the sacrament of confession or acknowledge themselves assassins.

“All attempts to persuade them to repent came to nothing,” Titta laments. “They invariably replied only: ‘We have no account to render to anyone. Our God plumbs the fathoms of our conscience.'”

The young men are the subjects of the 1969 Luigi Magni film Nell’anno del Signore.

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1613: Matthäus Enzlin, fallen favorite

Add comment November 22nd, 2015 Headsman

German jurist Matthäus Enzlin was beheaded in Urach on this date in 1613.

Way back in 1514, a need of funds and political support to crush a popular rebellion had forced the Duke of Wurttemberg to conclude with his realm’s patrician class the Treaty of Turbingen — a sort of Magna Carta delineating for elite Wurttembergers a formal role in governance and protection of their rights.*

It was at the University of Tübingen many decades later that Enzlin (German Wikipedia link; most of the succeeding links in this post are to German pages) matriculated as a brilliant young lawyer.†

The new Duke of Wurttemberg from 1593, Friedrich I, elevated Enzlin to his Chancellor. This worldly and well-traveled** Friedrich sported a cutting-edge appreciation for the dawning Age of Absolutism and chafed at the shackles that his predecessor’s treaty had weighted him with. Whatever was a prince for, if not to rule?

Enzlin was game to do this prince’s will.

Enzlin’s legal expertise had been of service to Friedrich since the latter’s pre-Wurttemberg position as Count of Montbeliard, and Friedrich trusted him as his Kammersekretar — a sort of personal privy councilor who could advise the prince and help to work his will upon the annoying (to Friedrich) Wurttemberg polity. He became openly referred to as cor et os principis: the heart and the mouth of the prince.

This also meant that Enzlin gained the enemies of the prince who, since Friedrich was an overweening and aggressive ruler, numered not a few. For instance, according to Ronald Asch in The World of the Favourite (much of the research in this post derives from his essay), Enzlin when he fell copped a corruption charge because

Duke Friedrich had begun to channel an increasingly large share of his revenues not through the Treasury but through his privy purse. Large sums of money from this source were devoted to the purchase of manors, villages and whole lordships from the impoverished nobility living beyond the borders of the duchy or were used to provide these noblemen with loans and mortgages in the hope that they would have to cede their property to the duke, should they fail to repay the money. Enzlin was apparently the duke’s principal agent in these rather complicated and somewhat shady financial transactions, in which Jewish moneylenders and merchants were frequently employed as brokers. Thus large sums of money went through Enzlin’s hands.

Hungry for power as well as real estate, the duke was also able to attain with Enzlin’s help a modification of that obnoxious Treaty of Turbingen in 1607: this required dissolving the Diet, manipulating the election of the next one, and all kinds of arm-twisting.

It was, Asch says, “another triumph for Enzlin, who had been responsible for the negotiations” … but the triumph was mitigated by Friedrich’s death months later.

Inheriting power was a 26-year-old named Johann Friedrich who sympathized with the traditional prerogatives of his subjects (in his time, he voluntarily gave back to the Estates some of the powers his father had wrested from them). To the policy side of his Oedipal complex, add the personal: dad kept many mistresses for himself, and kept tight purse-strings for his boy. How many times must Johann Friedrich have seen or imagined Enzlin at his father’s elbow, counseling some fresh humiliation for the whelp? How many incensed Wurttemberg grandees must have whispered the picture in his ear?

The favorite was jailed within months on the corruption charges stemming from his part in the land-aggrandizement slush fund, charges that he was forced to admit under threat of torture. The ex-consigliere and his ex-duchy struck an uneasy bargain: there’d be no official charge, no death sentence, and he would stay under lock and key, disappearing like the Man in the Iron Mask.

Perhaps rating his lawyer’s wiles too highly, Enzlin broke this understanding by having his wife and children† appeal to the imperial authorities — employing the very safeguards of the Treaty of Turbingen which he had so diligently worked to abrogate. Brazenly but accurately, Enzlin pointed out that he had not been brought to trial for any charge. And he made the politically explosive argument that jailing ministers of state for the service they rendered their masters would compromise the entire authority of princes everywhere in the Holy Roman Empire.

Faced with the imminent success of the suit, Wurttemberg called his bluff and brought him immediately to trial and thence the scaffold for the peculation he had been blackmailed into admitting, enhanced now to outright treason. (This is why one should never talk to police.)

German speakers can also grab public-domain sketches of Enzlin’s career from a number of 19th century books available online, such as this and this.

* As one of Europe’s seminal constitutional contracts, the Tübinger Vertrag received 500th anniversary treatment in 2014.

** Shakespeare’s The Merry Wives of Windsor was written for a 1597 Knights of the Garter investiture ceremony. Because Duke Friederich (after a 1592 visit to England) had repeatedly petitioned Queen Elizabeth for this honor, he was inducted on this occasion — but without being notified in time to attend, so that the English court “would not have to put up with him”. As a result, Merry Wives had some in-jokes for its first audience about an absent German duke. Though mostly excised from the play’s subsequent public performance versions, a few traces of them remain, such as this allusion in act 4, scene 3:

Bardolph. Sir, the Germans desire to have three of your
horses: the duke himself will be to-morrow at
court, and they are going to meet him.

Host. What duke should that be comes so secretly? I hear
not of him in the court.

† Enzlin married young and had seven children. He has a stupendous progeny down to the present day but not all have been so solicitous of the powerful as he — witness Gudrun Ensslin.

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1834: James Graves, Trail of Tears precursor

Add comment November 21st, 2015 Headsman

On this date in 1834, the Cherokee James Graves was hanged in Spring Place, Georgia, for murder. He’s the only person ever executed in Georgia’s Murray County.

But he was also a sad waymarker on the way to a much larger tragedy.

It happened that in 1834 the state of Georgia’s long-simmering conflict with the indigenous Cherokee nation was coming to a nasty head. In the infancy of the American Republic, it had made a pact placing the Cherokee under the protection of the United States.

By the 1820s, however, Cherokee land had been nibbled away and the white citizens of Georgia started clamoring for a proper ethnic cleansing: forcibly expelling the Cherokee to the western frontier.

The immediate territorial conflict became joined to a conflict over federal jurisdiction, because the Cherokee had their treaty with the United States (not with Georgia) and its terms were supposed to be guaranteed by Washington (not Milledgeville). As the Georgia legislature enacted laws stripping the Cherokee of land and self-rule, the Cherokee appealed in federal courts.

The Cherokee notched a major win in the 1832 Worcester v. Georgia, when the U.S. Supreme Court held that Indian affairs were the domain of the federal government and individual states had nothing to say in the matter.

But to give a sense of where the wind was blowing, this is the very decision about which U.S. President (and notorious Indian-killer) Andrew Jackson is supposed to have remarked, “John Marshall has made his decision; now let him enforce it.” The quote itself is probably apocryphal but the atmosphere of lawless confrontation was very real indeed.

James Graves was convicted by a Georgia jury in September 1834 of murdering a white man several years prior on Indian land … or rather, on what Georgia said was now no longer Indian land.

The Supreme Court directed Georgia to stay the hanging and appear at a January 1835 hearing.

Governor William Lumpkin* would have none of it. Grandstanding in a communique to an all but universally supportive legislature, he vowed to ignore the court’s order.

Any attempt to infringe the evident rights of the State, to govern its entire population, of whatever complexion, and punish all offences committed against its laws within those limits … I consider a direct usurpation of power. … Such attempts demand the determined resistance of the States … I shall wholly disregard all such unconstitutional requisitions, of whatever character or origin, and, to the utmost of my power, protect and defend the rights of the State, and use the means afforded me to maintain the laws and Constitution of the same. (Nov. 7, 1834)

Two weeks later, Georgia hung James Graves, stay or no stay. There would be no hearing in Washington that January.

“What is to be done with Georgia?” lamented the Nantucket Inquirer (Dec. 13, 1834). “Will another presidential proclamation, full of big words and bombastic threats, be issued against her, for having nullified the U.S. claim of sovereignty over the Indians, and for having hanged the copper-skinned citizen Graves, in defiance of the interdict of one of Gen. Jackson’s judges?”

They already knew the answer: “O, no! — Why? Van Buren counts upon the vote of Georgia at the next presidential election!” (Van Buren did not in fact carry Georgia.)

In 1835, the U.S. foisted a dubious new treaty on the Cherokee by getting a minority faction to sign off on Indian removal, and shortly thereafter forced the Cherokee west on the Trail of Tears.

* Lumpkin County, Georgia is named for him. That’s not too shabby, but he almost hit big-time when the city of Terminus proposed to rename itself Lumpkin. Lumpkin declined and the city is today known as Atlanta.

** Georgia conducted another execution, that of George Tassels, under similarly contested circumstances a few years before Graves.

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