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1962: Henry Adolph Busch, Psycho

Add comment June 6th, 2014 Meaghan

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

On this day in 1962, 30-year-old Henry Adolph Busch went to the gas chamber at San Quentin State Prison in California.

Condemned for the murder of his aunt, he had in fact slaughtered three Hollywood women and nearly killed a fourth.

Busch’s childhood was about what you would expect for a multiple murderer. Born Charles C. Hutchinson, he spent the first six years of his life being passed around to various foster homes before he was adopted by his much older half-sister, Mae E. Busch, and her husband Henry.

He emerged from those first six years emotionally scarred, and physically too: emaciated and with a deformed jaw. (En route to his adult “rat-like” face, enormous ears, and scrawny physique “like a string bean.”)

Years six through adulthood were no treat, either. Schoolmates teased young Henry about his appearance, and he had serious problems with his adoptive mother: one evaluation noted that Mae was a cold parent and “usual maternal feeling between mother and son seemed totally lacking.”

The youth also had difficulty maintaining concentration and suffered from terrible headaches, so it’s no wonder he did badly at school. He joined the Army but was dishonorably discharged; after that he became an optical technician and was viewed as “an excellent lens polisher” and a good employee.

Busch blurs the line between “spree killer” and “serial killer” (the former being itself a poorly defined medium between serial killer and mass murderer). He knew all of his victims, which isn’t typical for a serial murderer. Four months passed between his first and his second murders, but he went on to kill two women and attack a third within the space of three days.

That first victim was 72-year-old woman named Elmira Myrtle Miller, whom Henry had known since he was a child. On May 2, 1960, he dropped by her house and they watched The Ed Sullivan Show together. According to Busch, during the TV program he began to have irresistible thoughts of killing the old woman.

So he did. When Miller turned around to cover up her birdcages for the night, Busch seized her and strangled her to death. He pulled her housecoat up over her waist and tore her underclothes in an attempt to make the murder look like a sex crime, but made no attempt to molest her body.

Elmira’s murder baffled the police; months passed, without any solid leads.

On September 4, the 29-year-old Busch was in his adopted mother’s apartment building when he encountered 65-year-old Shirley Payne, who also lived there. He asked her out on a date to see the hot new film Psycho.

They watched the movie, went to his apartment and had sex. As Payne was getting ready to leave, Busch, again, jumped her from behind and strangled her. He wrapped the body in a sheet and stowed it under the sink temporarily. Fluid was oozing from Shirley’s eyes and nose, so the next day he bought a waterproof sleeping bag and put the body inside it.

Now getting the hang of this murder thing, Busch drank the draught deeply. The very next evening, he went to visit his favorite aunt, Margaret Briggs … and brought along a knife and a pair of handcuffs. They watched television until the early morning hours. He wanted to tell Margaret about Shirley’s murder and ask for advice, but when he started to confide in her she told him that, whatever his problem was, she was too tired to talk about it tonight.

So he strangled her too. After her death, he cut the clothing off her body. The police would subsequently discover numerous bruises and some cigarette burns on the corpse, something Busch never explained.

Henry went to sleep in Aunt Margaret’s bed. The next day he drove her car to work, where he asked a co-worker, 49-year-old Magdalena A. Parra, if she’d like to grab a coffee with him before their shift started. She agreed and got in his car, and immediately he tried to throttle her.

Magdalena was able to fight him off, however, and her screams caught the attention of two truck drivers. Busch bolted from the car; the truckers gave chase. He only went around the corner before he gave up and allowed them to catch him. The police initially thought Busch had just been trying to steal Mrs. Parra’s purse, but, he immediately confessed to the attempted homicide as well as the murders he’d committed during the previous 48 hours. He would eventually cop to Elmira’s slaying too.

In the aftermath of his arrest, predictably, the newspapers suggested Psycho might have given Busch the idea to attack Mrs. Payne. But it’s hard to reconcile the blame-the-movie idea with the inconvenient fact that he had killed before the movie was even released. When asked for comment, Psycho‘s director Alfred Hitchcock said violence was ubiquitous in cinema and his movie wasn’t any more likely to cause someone to commit murder than any other film.

When a doctor, William J. Bryan, examined him prior to his trial, Henry Busch said he’d been wanting to kill someone for years, but had always kept the urges in check, except for one time in the Army when he killed a POW. He said he probably would have kept killing people if he hadn’t been caught in the act with Mrs. Parra, and that he’d had his eye on his landlady for his next victim.

Dr. Bryan (who, it should be noted, was an expert hypnotist but not a psychiatrist) diagnosed the defendant with a schizoid personality and said he didn’t think Busch was capable of forming the intent to commit murder. Bryan suggested Busch’s murders, all of women significantly older than he, were inspired by Henry’s mommy issues: “The killings themselves seem to represent an attempt to possess the desired maternal object, at the same time destroying the power of the object to hurt.”

The state argued that Busch knew exactly what he was doing and was motivated not by mental illness but by pure and simple sadism. The prosecution suggested Shirley Payne had been raped before her death, a contention unsupported by the medical evidence.

In the end he was convicted of attempted murder of Mrs. Parra, second-degree murder in the Miller and Payne cases, and first-degree murder in the case of his aunt. The sentence was death.

Dispute about Henry Busch’s mental state continued as he waited to die. His mother, who testified that he had never been normal, appealed on his behalf. Even his fellow denizens of death row sent a petition to Governor Edmund “Pat” Brown, saying they thought Henry’s life should be spared because it was obvious to them he was mentally ill. But the governor decided to let the law take its course.

Henry Busch is buried at Forest Lawn in Glendale.

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1919: Eugen Levine, Bavarian Soviet leader

1 comment June 5th, 2014 Headsman

On this date in 1919, Bavarian communist Eugen Levine (or Levien) was shot by the Freikorps for his role in the Munich Soviet.

Levine (English Wikipedia entry | German) was a St. Petersburg Jewish bourgeois whose early idealism led him to a Socialist Revolutionary (SR) terror cell. He did time in Siberia after Russia’s 1905 revolution was smashed.

Having moved to Germany to study, Levine became involved in World War I’s antiwar struggle, which in turn positioned him to be a key player in the communist movement in postwar Germany.

With the end of the Great War, Germany’s destiny was settled with bare knuckles. The now-communist Russian government, whose safety was imperiled from every direction, looked hopefully to a revolutionary proletariat in the more advanced neighboring economy of Germany to consolidate its own position as well as to meet the Marxist mandate for transnational revolution.

The Bolshevik Karl Radek urged an audience of Luxemburg and Liebknecht’s KPD that “without the socialist revolution in Germany the Russian workers’ revolution, dependent on itself, would not have sufficient strength to build a new house on the ruins left behind by capitalism.” (Source)

Others saw these revolutionaries in a less flattering light.

Nonetheless, Munich mounted a revolt breaking away an independent Bavarian state that would eventually usher in a Bavarian Soviet Republic. This state Eugen Levine seized control of on April 12, 1919, with a communist putsch against the expressionist playwright who had served as its first head of state.* Levine would be the second, and last, in that office.

In the end, the KPD in Munich — and not only there, but throughout Germany — simply lacked the organizational strength or the mass mobilization to sustain the attempted revolution(s) against its inevitable foes. By May of 1919, its threadbare forces had been overwhelmed by right-wing soldiers and paramilitaries.** Defenders of the city and actual or perceived revolutionaries were shot out of hand by the hundreds.


This obviously staged photo purports to depict a Freikorps execution of a (theatrically unfazed) Bolshevik in Munich in 1919. (Source)

Levine’s treatment was, if equally certain, at least marginally more ceremonial.

Captured in hiding a few days after the incursion, Levine was saved for a show trial† at the start of June.

He met it in impressively good cheer, despite a good idea what was coming.

We Communists are all dead men on leave. Of this I am fully aware. I do not know if you will extend my leave or whether I shall have to join [the late] Karl Liebknecht and Rosa Luxemburg. In any case I await your verdict with composure and inner serenity. For I know that, whatever your verdict, events cannot be stopped … Pronounce your verdict if you deem it proper. I have only striven to foil your attempt to stain my political activity, the name of the Soviet Republic with which I feel myself so closely bound up, and the good name of the workers of Munich. They — and I together with them — we have all of us tried to the best of our knowledge and conscience to do our duty towards the International, the Communist World Revolution.

Left and center parties raised a pan-Germanic outcry to stay the executioner’s hand, but Levine was shot two days after condemnation.‡

Munich transmuted, with this conquest, from an outpost of the revolutionary vanguard into a veritable far-right hothouse: just weeks after Levine’s execution, Adolf Hitler would make his fateful acquaintance with the NSDAP in Munich. Within a few years he and his germinated their own Bavarian revolution. Munich and its beer hall (which the Freikorps had used for summary executions in May 1919) were long hallowed of the Third Reich.§

* The deposed president, Ernst Toller, “hanged himself” in 1939. Auden paid him tribute in moving verse.

Dear Ernst, lie shadowless at last among
The other war-horses who existed till they’d done
Something that was an example to the young.

We are lived by powers we pretend to understand:
They arrange our loves; it is they who direct at the end
The enemy bullet, the sickness, or even our hand.

It is their tomorrow hangs over the earth of the living
And all that we wish for our friends; but existing is believing
We know for whom we mourn and who is grieving.

** The aide-de-camp of the Freikorps Epp that marched into Munich that first week of May was the future SA chief Ernst Röhm. Also participating in this sortie: early Nazi leaders (and eventual Hitler rivals) Gregor and Otto Strasser, and future Wannsee Conference participant Wilhelm Stuckart.

† The young lawyer Max Hirschberg drew first dibs on defending the doomed Levine before his drumhead court, but faint-heartedly passed the assignment off. Hirschberg would remember the moment with shame: “I was too insecure and too cowardly to confront the scornful sneer of the reactionaries,” he wrote.

Maybe Hirschberg’s harsh self-judgment steeled his soul, for soon the “orgy of brutality, bloodthirstiness, and injustice aroused in me a decisive transformation.” He began to aggressively seek out hated revolutionaries to represent in the teeth of the political winds. Hirschberg had a notable mano-a-mano courtroom confrontation with Adolf Hitler in 1930; he had to flee Nazi Germany in 1934, but built a career in New York where he blazed trails with his work on wrongful convictions. There’s a summation of his career in this pdf; or, see the 2005 biography Justice Imperiled.

‡ Primary newspaper coverage (e.g., London Times, June 9, 1919) confirms the date; the “July 5″ widely cited in online articles is mistaken.

§ The Nazis erected a memorial to the Freikorps who crushed the Bavarian Soviet; its remains can still be seen today.

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1155: Arnold of Brescia

Add comment June 4th, 2014 Headsman

At some point in the first weeks of June 1155 — nobody knows the exact date, but it precedes June 18 — the Roman authorities disposed of Arnold of Brescia.

For a decade the tongue of a fragile new Roman Republic, Arnold was a student of the cutting-edge theologian (and castrated romantic) Peter Abelard. Arnold held the temporal pretensions of the Vatican invalid, a theology sublimely according with the popular revolt that from 1143 overturned Rome’s overweening princes and even slew a pope in a melee on the Capitoline.

The Senate long forsaken was re-founded by this new Republic and an equestrian order re-founded to resume to the rights of a now-growing middle rank. The slain pope’s successor became a refugee tenant of the neighboring cities, orchestrating crusades against Turks, Moors, and Wends — but dying at Tivoli in 1153 still awaiting a prince who would restore his own person to the authority of the Eternal City.

That prince, however, had just begun to stir. The Hohenstaufen king Frederick I had concluded in the months before Pope Eugenius’s death a compact to restore the pontiff, which policy dovetailed nicely with an intent to show the German power against other wayward cites in Italy. It was Frederick’s Italian subjects, and conquests, who gave this man the distinctive name by which history recalls him: Barbarossa, or “red-beard”.

All these years — or at least, from 1145, when he surfaced in the rebellious city from past years’ exile in Zurich — Arnold of Brescia’s “eloquence thundered over the seven hills.” (Gibbon)

Blending in the same discourse the texts of Livy and St. Paul, uniting the motives of Gospel, and of classic, enthusiasm, he admonished the Romans how strangely their patience and the vices of the clergy had degenerated from the primitive times of the church and the city. He exhorted them to assert the inalienable rights of men and Christians; to restore the laws and magistrates of the republic; to respect the name of the emperor: but to confine their shepherd to the spiritual government of his flock. Nor could his spiritual government escape the censure and control of the reformer; and the inferior clergy were taught by his lessons to resist the cardinals, who had usurped a despotic command over the twenty-eight regions or parishes of Rome.

The absentee pope excommunicated Arnold in 1148. It was to no effect until Barbarossa’s legions neared the city.

As King Frederick approached, Pope Adrian IV* applied a deft turn of the screw by laying Rome itself under an interdict, depriving his quarrelsome flock of both spiritual balm and pilgrim revenue and at long last forcing the heresiarch’s ejection.

Arnold was seized in Tuscany and delivered to the Roman curia for punishment; the record of when or where this occurred is lost, but it is specified in the particular that his corpse was reduced to ashes that were scattered to the Tiber — proof against the prospect of a plebeian graveside shrine.

On June 18 even as his soldiers tamed Rome’s resisting republicans, Barbarossa accepted the crown of the Holy Roman Empire from the hands of Pope Adrian in St. Peter’s Basilica.**

Though Arnold had vanished into the Tiber’s silt, the thirst of his former flock for spiritual succor beyond that which the worldly Vicar of Christ could offer did not die so easily. Succeeding movements — indeed, perhaps, one continuous movement — took up Arnold’s objection to the clergy’s worldly emoluments and his summons to plain virtue. There are the Arnoldists to start with, but a bare few years after Arnold’s death emerge Peter Waldo of the heretical Waldensians, as well as the Cathars in southern France; a generation on finds St. Francis of Assisi, giving way to 13th and 14th centuries thick with oft-suppressed popular reform currents — the Beguines, the Apostolic Brethren, even the Fraticelli who criticized other followers of the aforementioned St. Francis for having already abandoned the poverty of his order.

Later Protestants would claim all these, and Arnold too (Arnold reportedly opposed infant baptism), as their forebears, which is why we have the nice Colosseum’s-shadow picture above from Foxe’s Martyrs’ Mirror. Just how literally one should take that lineage might be a matter of debate, but there is little doubt that Arnold of Brescia’s critique maintained its potency into that era and keeps it still in the modern age — one reason that the incinerated firebrand could still make a powerful subject for a risorgimento writer like Giovannini Battista Niccolini 700 years later.

* Born Nicholas Breakspear, Adrian remains to this day the only English pope ever.

** Popes and Holy Roman Emperors were most usually rivals rather than allies in peninsular politics; indeed, the Roman Republic had issued its own summons to Frederick’s predecessor to come to its aid — and rule Rome with its support — to humble the pretensions of the papacy. Arguably, Barbarossa missed a trick by not availing that potential alliance and instead exalting the pontifex maximus in the manner of his coronation: Barbarossa probably thought so himself often enough during his running rivalry over the ensuing generation with Pope Alexander III.

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1850: Five Cayuse, for the Whitman Massacre

Add comment June 3rd, 2014 Headsman

On this date in 1850, five Cayuse were publicly executed in Oregon City for the Whitman Massacre.

Beginning in earnest in the 1830s, Anglo settlement in the Oregon Country presented for the native inhabitants of the Pacific Northwest the same Hobson’s choice that had confronted tribes further east long before: resist or accommodate.

The New York-born couple Marcus and Narcissa Whitman* were two of the most notable figures among the hundreds, and then thousands, of settlers pouring into the territory every year. In 1836, they founded on the banks of the Walla Walla River a Christian mission to the nomadic Cayuse who roamed the territory. It’s in present-day Washington State, which was then part (with the current U.S. states of Oregon and Idaho) of a single frontier territory collectively known as Oregon.

The Whitmans’ early settlement, offering medicine, education, and (of course) proselytizing, proved a success at first; it would become for several years a waypoint on the developing Oregon Trail.

White diseases came with the settlers.

The Cayuse people had already dwindled (pdf) to just a thousand or two after the decimations of smallpox and other plagues swept the region in the decades preceding. Now, outbreaks of measles were ravaging those remaining.

Marcus Whitman, a doctor as well as a spiritualist, proved unable to check the new epidemic. Rumors went abroad that the missionaries were bewitching or poisoning the Cayuse, as the vanguard of a coming territorial conquest; the Whitmans themselves were very keen to the hostile feeling the situation had engendered and had even heard whispers that they were the targets of assassination plots. Bravely, they stayed.

“Perhaps God thought it for the best that your little child should be called away,” Narcissa Whitman said in strange consolation to the grieving mother of an Anglo child who also succumbed to measles in 1847. “It may calm the Indians to see a white child taken as well as so many natives, for otherwise we may all be compelled to leave within two weeks.” (pdf source, op. cit.; this document also reconstructs a detailed narrative of the unfolding tragedy)

But that remark was only days before the terrible November 29, 1847. On that cold autumn Monday, a small party of Cayuse led by a chief named Tiloukaikt fell on the mission and slaughtered both Whitmans plus another 11** inhabitants of the little compound.

Some 54 surviving women and children were taken hostage, and several of these died in custody as well. A Canadian official of the Hudson’s Bay Company hurried to ransom the captives at the price of 62 blankets, 63 cotton shirts, 12 muskets, 600 loads of ammunition, 37 pounds of tobacco, and a dozen flints.†

This quick response might have forestalled a worse tragedy for the missionaries — but as far as the Cayuse went, the die was already cast. A volunteer militia of Oregonians under Cornelius Gilliam soon mobilized to retaliate, driving many Cayuse into the Blue Mountains.

By mid-1848, spurred in part by the Whitman bloodbath, Congress officially incorporated the region as the Oregon Territory; arriving early in 1849, the new territorial governor Joseph Lane immediately opened negotiations with the Cayuse to hand over the perpetrators of the massacre. With federal troops arriving later in 1849, the Cayuse at last capitulated and gave up five warriors: Tiloukaikt, the leader; Tomahas; Kiamasumpkin; Iaiachalakis; and Klokomas. (There are numerous alternative transliterations of these names.)

They were tried in Oregon City, the territorial capital at the time — a town of 500 or so on the Willamette River Falls — in a landmark case: the first proper death penalty trial in the young territory.‡ This would fall a little short of modern standards, and not just because it was held in a tavern for want of a regular courthouse. The prosecution was not especially rigorous linking all the defendants to specific violent acts, but the defense’s recourse to Cayuse cultural practices that held shamans liable for the failure of their medicine conceded the point by implication. The judge‘s final instructions simply directed his jury to “infer” the defendants’ culpability by virtue of “the surrender of the Defendants by the Cayuse nation as the murderers, the nation knowing best who those murderers were.” So why even have the trial? Kiamasumpkin, against whom no evidence was ever individually presented, went to the gallows insisting that he didn’t even arrive to the Whitman Mission until the day after the massacre.

All five were condemned in the end, and executed by prominent early pioneer and lawman Joe Meek.§ “On the 3d of June an election and a hanging match took place at Oregon City,” ran the Aug. 22, 1850 story in the New York Tribune — for the Whitman massacre had been a matter of national interest. “The town was full of men and women, the former coming to see how the election resulted, and the latter to see how the Indians were hung.”

“Their tribe, the Cayuses, gave them up to keep peace with the whites. Much doubt was felt as to the policy of hanging them, but the popularity of doing so was undeniable.”

Fears that the quintuple hanging would stoke a running conflict with the Cayuse were not altogether misplaced, but over the subsequent years the dwindling tribe was simply dwarfed by over 30,000 newly arriving settlers lured by a congressional grant of free land. By 1855, the defeated Cayuse were forced onto the small Umatilla Reservation, ceding (along with the Umatillas and the Walla Wallas) 6.4 million acres to whites. The Cayuse tongue was extinct by the end of the century.


Present-day memorial obelisk at the site of the Whitman Massacre, now a national historic site. (cc) image from Jasperdo.

* Present-day Whitman College (Walla Walla, Wash.) is named for them.

** Figures of both 13 and 14 (inclusive of the Whitmans) are cited in various places for the Whitman Massacre’s body count; the discrepancy turns on whether one’s tally includes as a casualty Peter Hall, who escaped from the mission, fled to Fort Walla Walla, and then made a panicky attempt to reach The Dalles. Hall disappeared into the wilderness, and was never heard from again.

† Ransom covered gratis by the Hudson’s Bay Company.

The Espy file‘s index of U.S. executions lists only a couple of undated executions many years before under informal frontier justice.

§ Cousin to the recent First Lady Sarah Childress Polk.

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1666: Andreas Koch, witch hunt skeptic

1 comment June 2nd, 2014 Headsman

On this date in 1666, the pastor Andreas Koch suffered the pains of standing up against witch hunts in his town of Lemgo: Koch himself was beheaded as a wizard.

Lemgo recorded a busy witch-hunt record with an estimated 250 cases in the 16th and 17th centuries. But the bulk of those cases came surprisingly late — from 1653 to 1681, the period after the Thirty Years’ War witch-smelling acme.

As we’ve seen before in these grim annals, elites were not safe from the Hexenverfolgung; this, perhaps, is the reason that even we latter-day seculars still have such a visceral reaction to the term “witch hunt”.

Great is the honor for the one bold enough to stand athwart the inquisitor’s path, for great is the danger.

Andreas Koch, a Protestant pastor of the church of St. Nicolai, was a confessor to several condemned witches of Lemgo. As his position would indicate, Koch was no firebrand: he did not deny the presence of sorcerers and diabolical power in the world. But in 1665, he made bold to express skepticism about goings-on and even preached from the pulpit caution against reckless witchcraft accusations. He had found himself unsettled by the contradictory and illogical stories in supposed witches’ confessions, and finally convinced by the vow of innocence a condemned woman named Elisabeth Tillen gave him on the way to the stake. Lemgo was putting innocent people to death on spurious charges.

This epiphany, so obvious in retrospect, was a little too far ahead of his audience.

Rev. Koch was suspended from his ministry by that October, and amid new rumors circulating that he had himself been seen at the witches’ sabbaths, was arrested and put to torture the following spring. Koch was no better able to resist the interrogators’ torments than Elisabeth Tillen and her ilk had been, and obligingly confessed to diablerie. His only mercy was to die by the sword, rather than the flame; that he died before 5 in the morning might have been a mercy for his persecutors to minimize the public attendance at a potentially embarrassing scene.

Needless to say, it is Koch who has the judgment of posterity here. A present-day walking tour of Lemgo’s historic witch-hunt sites will not fail to stop at the monument that now stands in St. Nicolai’s to its devilishly skeptical former clergyman.


Detail view (click for full image) of the memorial to Andreas Koch at his former church in Lemgo. (cc) image from M. Ehret.

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1942: Vladislav Vancura, “Marketa Lazarova” author

Add comment June 1st, 2014 Headsman

On this date in 1942, leftist Czech novelist Vladislav Vancura was executed at Prague’s Kobylisy shooting range.

An “unsung giant” of European letters, the Bohemian doctor burst onto the literary scene in the 1920s with Peka? Jan Marhoul (Baker Jan Marhoul) and Pole orná a vále?ná (Fields to Plough, Fields of War). But he was notable for a remarkable perspicacity in style, genre, and artistic perspective throughout his career. He’s often referred to as a poet in prose, and maybe for this reason was equally keen on writing for and directing cinema.

Milan Kundera credited Vancura with “probably the richest vocabulary that any Czech writer has ever had; a vocabulary in which the language of every era is preserved, in which words from the Bible of Kralice [the first complete translation of the Bible into Czech] stand humbly side by side with modern argot.”

His greatest commercial success and possibly his crowning achievement was Marketa Lazarova, a short novel (120 pages in the original Czech) set amid a feud of nobles in he Middle Ages. Only tranlated into English in 2013, it “does for Czech literature something akin to what James Joyce did for English-language literature with Ulysses: breaking with the realism that previously dominated to open up a new frontier in the realm of style.”

Here’s an excerpt (via):

Folly scatters without rhyme or reason. Lend an ear to this tale of a place in the county of Mladá Boleslav, in the time of the disturbances, when the king strove for the safety of the highways, having cruel troubles with the nobles, who conducted themselves downright thievishly, and what is worse, who shed blood practically laughing out loud. You have become truly too sensitive from musing upon our nation’s nobility and fair manners, and when you drink, you waste the cook’s water, spilling it ‘cross the table, but the men of whom I speak were an unruly and devilish lot. A rabble which I cannot compare to anything else than stallions. Precious little cared they of that which you account as important. Comb and soap! Why, they did not heed even the Lord’s commandments.

‘Tis said that there were countless such ruffians, but this story concerns itself with none save the family whose name most surely calls to mind Václav unjustly. Shifty nobles they were! The eldest amidst this bloody time was baptized with a graceful name, but forgot it and called himself Kozlík till the time of his beastly death.

Vancura’s death was plenty beastly too, albeit not particularly surprising: Communist avant-garde artists in German-occupied Slavic countries didn’t usually fare the best during the war years, and Vancura compounded his risk by taking active part in the resistance. He was among hundreds of Czechs arrested, tortured, and executed in the bloody German crackdown that followed the May 27, 1942 assassination of Reinhard Heydrich.

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2000: Robert Earl Carter, exonerating Anthony Graves

1 comment May 31st, 2014 Headsman

On this date in 2000, Robert Earl Carter was executed in Texas for slaughtering six people at the home of his Somerville ex, after the latter filed a child support suit against him.

The ex herself, Lisa Davis, wasn’t home at the time. But Carter’s stabbing-and-shooting rampage slew Davis’s mother Bobbie, Bobbie’s 16-year-old daughter Nicole, Robert and Lisa’s son Jason (the subject of the support suit), and three other small children that shared the residence. After murdering them, Carter set the house on fire: the burns he suffered to his own face and arms in the process helped connect him to the crime.

Pressed by interrogators, Carter at first admitted only that he was present with someone else who carried out the murders. Over time, he broke down and admitted to the slayings himself.

But Carter’s supposed other party also became a character fixed in the story that investigators were looking to tell — and that party’s identity became fixed on a casual acquaintance whom Carter eventually accused: Anthony Graves.

There was no forensic against Graves, but Carter provided damning testimony implicating him at Graves’s 1994 trial. On that occasion, Carter claimed to have shot the teenage daughter Nicole, while Graves committed the rest of the murders, testimony that sent Anthony Graves to death row as well. (Graves’s brother Arthur Curry testified that Graves had been at home sleeping.)

But Carter changed his story again after both men were convicted.

As he prepared for his execution, Carter was keen to clear Anthony Graves before he left this mortal coil. Weeks earlier, he provided a sworn 85-page statement insisting that “Anthony Graves did not have any part in the murders and was not present before, during or after I committed the multiple murders at the Davis home.”

Even in his last statement on this date, Carter went out of his way to exonerate his supposed accomplice. “I’m sorry for all the pain I’ve caused your family,” Carter said from the gurney in his last moments, addressing the execution witnesses from his victims’ family. “It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court.”

Anthony Graves had been on death row for six years at this point. With Carter’s retraction it had become discomfitingly apparent that there was practically nothing to associate him with that horrific night in Somerville … butit would still be another decade more before he was officially exonerated and released.

After an appeals court ordered a new trial, a different prosecutor’s investigation of the case turned up just how scanty the case against him was.

“After months of investigation and talking to every witness who’s ever been involved in this case, and people who’ve never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder,” announced former Harris County prosecutor Kelly Siegler in a statement officially exonerating Graves. “This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case any more. He is an innocent man.” Siegler had been hired as a special prosecutor, and would have been the one to re-try Anthony Graves.

That happened in 2010, by which point Graves at age 45 had spent 18 years in prison, 12 of them on death row.

Today, Anthony Graves — you can find him on twitter at @AnthonyCGraves — is an activist and motivational speaker. He’s been outspoken especially on the torture inflicted by long-term solitary confinement, which he also endured during his years in prison.


Graves’s original prosecutor Charles Sebesta — against whom Graves has sought disciplinary action — maintains a site of his own with a page casting doubt on Anthony Graves’s innocence. (It’s also a minor monument to the “Blog of “Unnecessary” Quotation Marks.)

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1690: Old Mobb, witty highwayman

Add comment May 30th, 2014 Headsman

On this date in 1690, according to the Newgate Calendar,* the venerable gentleman rogue Thomas Sympson — better known as Old Mobb — was hanged for robbery.

Old Mobb — at least, the stylish and erudite version of the man given us in the Calendar — preyed the roads of late 17th century England for many a year, perhaps all the way back to the ill-fated reign of Charles I.

His rollicking adventures could have formed the fair corpus of a durable legend; in some alternate world Ainsworth chose Old Mobb as for Rookwood and it is he and not Dick Turpin who has the television serial and the pub nameplates.

A nobleman Sir Bartholomew Shower, whose name might also be the safeword at a leather masquerade, was apprehended by Old Mobb one day nearly penniless as to his person; taking exception at being shorted by such a wealthy grandee, Mobb forced him to write up a bill for 150 quid to draw on the goldsmith of nearby Exeter, leaving Shower trussed up under an obliging hedge “as security for the payment” while he went into town to cash the cheque.

The annals have next a widow, bound for Bath no less in tribute to the classics, and had a jolly battle of the sexes with her over her condition which of course Old Mobb won, since he had the gun. His target, you see,

wept very plentifully, in order to move him to pity; she told him she was a poor widow, who had lately lost her husband, and therefore she hoped he would have some compassion on her. “And is your losing your husband then,” says he, “an argument that I must lose my booty? I know your sex too well, madam, to suffer myself to be prevailed on by a woman’s tears. Those crocodile drops are always at your command; and no doubt but that dear cuckold of yours, whom you have lately buried, has frequently been persuaded out of his reason by their interposition in your domestic debates. Weeping is so customary to you, that everybody would be disappointed if a woman was to bury her husband and not weep for him; but you would be more disappointed if nobody was to take notice of your crying; for according to the old proverb, the end of a husband is a widow’s tears; and the end of those tears is another husband.”

The poor gentlewoman upon this ran out into an extravagant detail of her deceased husband’s virtues, solemnly protesting that she would never be married again to the best man that wore a head, for she should not expect a blessing to attend her afterwards; with a thousand other things of the same kind. Old Mobb at last interrupted her, and told her he would repeat a pleasant story in verse which he had learned by heart, so, first looking round him to see that the coast was clear on every side, he began as follows: —-

A widow prude had often swore
No bracelet should approach her more;
Had often proved that second marriage
Was ten times worse than maid’s miscarriage,
And always told them of their sin,
When widows would be wives agen:
Women who’d thus themselves abuse,
Should die, she thought, like honest Jews
Let her alone to throw the stones;
If ’twere but law, she’d make no bones.

Thus long she led a life demure;
But not with character secure:
For people said (what won’t folks say?)
That she with Edward went astray:
(This Edward was her servant-man)
The rumour through the parish ran,
She heard, she wept, she called up Ned,
Wiped her eyes dry, sighed, sobbed, and said:

‘Alas! what sland’rous times are these!
What shall we come to by degrees!
This wicked world! I quite abhor it!
The Lord give me a better for it!
On me this scandal do they fix?
On me? who, God knows, hate such tricks!
Have mercy, Heaven, upon mankind,
And grant us all a better mind!
My husband — Ah that dearest man!
Forget his love I never can;
He took such care of my good name,
And put all sland’rous tongues to shame. —
But, ah! he’s dead –‘ Here grief amain,
Came bubbling up, and stopped the strain.

Ned was no fool; he saw his cue,
And how to use good fortune knew:
Old Opportunity at hand,
He seized the lock, and bid him stand;
Urged of what use a husband was
To vindicate a woman’s cause,
Exclaimed against the sland’rous age;
And swore he could his soul engage
That madam was so free from fault
She ne’er so much as sinned in thought;
Vowing he’d lose each drop of blood
To make that just assertion good.

This logic, which well pleased the dame,
At the same time eludes her shame:
A husband, for a husband’s sake,
Was what she’d ne’er consent to take.
Yet, as the age was so censorious,
And Ned’s proposals were so glorious,
She thought ’twas best to take upon her,
A second guardian of her honour.

“This,” says Old Mobb, “is an exact picture of woman-kind, and as such I committed it to memory; you are very much obliged to me for the recital, which has taken me up more time than I usually spend in taking a purse; let us now pass from the dead to the living, for it is these that I live by. I am in a pretty good humour, and so will not deal rudely by you. Be so kind, therefore, as to search yourself, and use me as honestly as you are able; you know I can examine afterwards, if I am not satisfied with what you give me.” The gentlewoman found he was resolute, and so thought it the best way to keep him in temper, which she did by pulling out forty guineas in a silk purse, and presented them to him. It is fifty to one but Old Mobb got more by repeating the verses above than the poor poet that wrote them ever made of his copy. Such is the fate of the sons of Apollo. [dear reader, why not take this opportunity to click on an ad? -ed.]

We certainly have in these puffed-up knaves torn down for our amusement a little window into the romance of the road where by means of Stand And Deliver one attains the liberty to put put hypocrites in their place whilst usurping the abundance that is the latter’s usual wages.

Old Mobb robs a famous astrologer whose constellations fail to predict the engagement; to a doctor who upbraids him, he retorts, “I only take [my victims’] money away from them; but you frequently take away their lives: and what makes it the worse you do it safely, under a pretence of restoring them to health.”

As pieces de resistance, Old Mobb gets the better of two of Restoration England’s most infamous grandees.

The Duchess of Portsmouth, the widely hated French Catholic mistress to Charles II,** Old Mobb improbably manages to trap her in a stagecoach giving him leave to excoriate her in words similar to those that real 17th century Britons must have muttered many times while in their cups. “I know you to be the greatest whore in the kingdom; and that you are maintained at the public charge. I know that all the courtiers depend on your smiles, and that even the K— himself is your slave,” Mobb says, rubbishing her sex and her nationality all at once. “That haughty French spirit will do you no good here. I am an English freebooter; and insist upon it as my native privilege to seize all foreign commodities. Your money indeed is English, and the prodigious sums that have been lavished on you will be a lasting proof of English folly; nevertheless, all you have is confiscated to me by being bestowed on such a worthless b—h. I am king here, madam, and I have a whore to keep on the public contributions as well as King Charles.”

The ruthless hanging judge Lord Jeffreys Old Mobb likewise pays in his own coin when Jeffreys threatens our marauder with potential damnation, speaking as it were through Jeffreys to the obsequious blackguards who afflict the public life of every time and place.

When justice has overtaken us both, I shall stand at least as good a chance as your Lordship; who have already written your name in indelible characters of blood, by putting to death so many hundred innocent men, for only standing up in defence of our common liberties, that you might secure the favour of your Prince. It is enough for you to preach morality upon the Bench, where nobody dares to contradict you; but your lessons can have no effect upon me at this time; for I know you too well not to see that they are only calculated to preserve money.

* The Newgate Calendar positively avers a hanging of Friday, May 30, 1690, but there are some complicating data points. There’s his purported campaign William “the Golden Farmer” Davis, who was supposed to have left a parting note for Old Mobb upon Davis’s December 1690 execution. (However, 1690 was the year when May 30 was on a Friday, not 1691.)

The invaluable Old Bailey Online has none of this, though the date range is a period of spotty recordkeeping. It does give us a nondescript and lamely apologetic “Old Mobb” hanged on the 18th of September 1691; although this guy had done some highway robbery, he doesn’t otherwise bear an obvious resemblance to the Newgate Calendar’s colorful character. He might be the same guy, or they might just share a cant alias. “Mob” — short for mobilevulgus, the “fickle crowd” — was just establishing itself in English at this point with a usage a bit more flexible than it has for us today; our criminals’ point of contact might be simply that each lasted unusually long in the profession, and therefore each received a nickname meaning something like “Old Man”. Jonathan Swift complained bitterly of this truncated neologism in 1710, writing that “I have done my utmost for some years past to stop the progress of Mobb and Banter, but have been plainly borne down by numbers, and betrayed by those who promised to assist me.”

At any rate, I don’t know whether Old Mobb is one guy or two, nor am I fully confident of the best date of execution. These are the least of our difficulties when it comes to veracity, considering that the man’s attributed exploits likely comprise 100% shameless fabrication. It’s just that kind of post.

** Careful how you speak of her: she’s an ancestor (via the late Princess Diana) of the current royal princes.

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1879: Troy Dye and Ed Anderson, estate salesmen

Add comment May 29th, 2014 Headsman

On this date in 1879, Sacramento County public administrator Troy Dye was hanged for murder, along with the Swedish goon whom he’d hired to do the dirty work.

A 36-year-old father of three, Dye was a prosperous tavern owner in the California capital who volunteered at the Sunday school. In 1877, voters entrusted him with the necessary public office of managing intestate estates.

In retrospect one can safely say that Dye was not cut out for the public trust.

The position entailed a percentage claim on the estate so handled, which meant in practice that it was a thankless burden for long periods when only paupers died without their wills made out, punctuated by rare jackpots when the occasional wealthy fellow kicked off without heirs.

San Francisco Bulletin, Aug. 16, 1878.

All Dye did was speed that cycle up a little, by arranging to murder a fifty-five-year-old bachelor in order to lay hands on his 650-acre farm and plunder the “rich old son of a bitch.”

Dye hired a Swedish sausage-maker named Ed Anderson and a young tough named Tom Lawton at three grand apiece to handle the labor.

For six hot summer weeks, Anderson and Lawton built a boat on Dye’s property with the one mission in mind. On July 30, they put it into the Sacramento River and rowed it downstream to the Grand Island orchards of their target, Aaron Moses Tullis. Under the guise of soliciting work, Anderson approached Tullis in his groves, and when the man’s back was turned, clobbered him with a blackjack. In the ensuing melee, Lawton, leaping into the fray from hiding nearby, shot Tullis through the throat, then felled him with a shot in the back, and finished him off with an execution-style coup de grace.

The two killers fled two miles down the river, where they ditched the boat. Their employer, signaling furtively by whistling, picked them up in a buggy and rode them back to Sacramento for celebratory oysters.

They wouldn’t be celebrating for long.

News of the murder puzzled the community as it got out. Tullis was wealthy all right, but his assailants had stolen nothing; he wasn’t known to have any enemies; and nobody had seen the riverborne assassins slip onto the property.

But within a few days, discovery of the abandoned boat led to the lumberyard that stamped its planks, and that led to the fellows who purchased it. Tom Lawton wisely used this tiny interval to leave California; Ed Anderson and Troy Dye stuck around and made national wire copy with their confessions before August was out.

Having spilled all the beans, Dye had only the feeblest of gambits remaining to avoid the noose.

At trial, Dye argued that the whole plan was the idea of the other two men, and he, Dye, was was just too damn weak-minded to say them nay.

At sentencing, Dye whined that the district attorney had induced him to confess by dint of a promise to let him walk.**

And during his appeals and clemency process he inconsistently shammed insanity, fooling nobody.

“A more pitiable object than Troy Dye, the assassin, never marched to the scaffold,” one observer noted of the pallid, stocking-footed figure whom the ticketed observers saw on execution day. (Quoted in this pdf retrospective on “one of the most shocking and melancholy episodes in the history of Sacramento.”)

Against Dye’s wheedling and quailing, Anderson cut a picture of manfulness. Even on the eve of the execution, while Dye was just this side of collapse, Anderson noticed the sheriff toting the hanging ropes and insisted on inspecting them, then shocked the lawman with a cool off-color joke.

But this was calm and not mere bravado. Time that Dye wasted in his simulated spasms was spent by Anderson with his spiritual counselor; his gracious last statement from the gallows confessed his guilt and begged forgiveness. “Troy Dye Dies, Anderson Ascends” ran the headline afterwards.

* A county clerk reached by the Sacramento Record-Union recalled a conversation that clouded suspiciously in retrospect: “he said that unless something turned up, that he would not make enough out of it to pay his expenses … I said to him: ‘You cannot tell when some one will die and leave a good estate.’ … he said he did not know of any one who was likely to die that was worth any amount except Mr. Tullis, down the river. He said he was an old man and drank a great deal, and was likely to die at any time, and that he was rich. If he should drop off and he got the estate, it would help him out.” (Reprinted by the San Francisco Bulletin, Aug. 15, 1878)

** That was indeed the case, as it seems that Dye’s confession revealed himself much more deeply involved than the prosecutor had previously assumed. This is why it’s much better to just shut up already.

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1213: Peter of Pontefract, oracle

Add comment May 28th, 2014 Headsman

On this date in 1213, the hermit Peter of Pontefract (or Peter of Wakefield) was hanged by King John.

Reluctant Magna Carta signer and ridiculous Robin Hood villain, John has never been the most highly regarded sovereign. (A recent BBC poll saluted him as the 13th century’s very worst Briton.)

The papacy ranked among John’s many irritants. A 1205 dispute with Pope Innocent III over the successor to the late Archbishop of Canterbury — John wanted control of ecclesiastical appointments in his own realm, a little preview of coming attractions in English history. This dispute extended so far as Innocent’s excommunicating John, and laying England under a papal interdict prohibiting administration of any sacraments save baptism and last rites. There’s no bargaining chip quite like “do what I say or everyone goes to hell.”

John didn’t sweat the eternal damnation stuff much but in 1212 the specter of war with France — gleefully justified by Philip II on grounds of the English king’s impiety — started twisting the screws a little. Philip had already seized English holdings in Normandy; now, he was gathering force for an invasion of Albion’s own shores.

With discontent already afoot among the domestic nobility, some of whom were extending feelers to King Philip, the Yorkshire hermit Peter ran out a prophecy that John’s crown would pass to other hands by the next Ascension Day — which happened to be Thursday, May 23, 1213.

Peter’s prophecy gained no little folk following, prompting John to take him into custody.

And here a prophet, that I brought with me
From forth the streets of Pomfret, whom I found
With many hundreds treading on his heels;
To whom he sung, in rude harsh-sounding rhymes,
That, ere the next Ascension-day at noon,
Your highness should deliver up your crown.

-Shakespeare’s King John

But days before the momentous date arrived, John resolved the crisis and saved himself from potential deposition with a timely submission to the papal legate Pandulf, before whom he dramatically laid the crown and resumed it pledging an annual tribute of 1,000 marks from the throne of England to that of St. Peter.*

This was either — take your pick — a deft political masterstroke instantly neutralizing the threats to John’s throne, or else it was a craven surrender to the Vatican.

Peter of Pontefract gives us a hint of a judgment on that question.

John held Peter past the May 23 date — and then, just for good measure, past May 27, for that had been the calendar date of John’s coronation in 1199, which was also Ascension Thursday that year, and had been floated as a fallback interpretation of the prophecy — the seer had been duly discredited and, being made ridiculous, could now be made an example of.

Or had he been?

For,

the wise and the foolish alike began to see that John had prevented a literal fulfilment of the prophecy by lending himself to a figurative one. He had ‘ceased to be king’ by laying his crown at the feet of Pandulf, to take it back again on conditions which unquestionably helped to fix it, for the time at least, more securely than ever on his brow. The scapegoat of all parties was the unlucky prophet himself. Next day he and his son, who had been imprisoned with him, were tied each to a horse’s tail, dragged thus from Corfe to Wareham, and there hanged. (Source)

* John stopped paying in 1214, and Innocent left well enough alone.

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