Posts filed under 'Where'

1814: Mariano Matamoros, Mexican revolutionary

Add comment February 3rd, 2014 Headsman

Two hundred years ago today, the Mexican revolutionary Mariano Matamoros was shot by the Spanish at Valladolid.

A Catholic priest (defrocked for the occasion of his execution) who had previously gone to prison for his nationalist sympathies, Matamoros joined the revolutionary army of fellow-clergyman Jose Maria Morelos as the Mexican War of Independence blossomed.

Matamoros proved to have the knack for martial leadership and was a lieutenant general and Morelos’s second-in-command within months.

The Spanish captured him in early January 1814 after the revolutionaries’ failed attempt to take Valladolid. His foes could not be moved to exchange him on any terms.

Though Morelos too would suffer this fate in time, their cause eventually prevailed. Post-independence, the martyred Matamoros became a Mexican national hero. He’s interred today at Mexico City’s iconic El Angel monumental column.

He’s the namesake of several locations, including the border city of Matamoros. (Longtime readers of this site might recall the 1913 Mexican Revolution execution in Matamoros that we’ve previously profiled.) One of Mexico City’s airports also bears the Matamoros name.

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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Execution,History,Martyrs,Mexico,Occupation and Colonialism,Power,Religious Figures,Revolutionaries,Shot,Soldiers,Spain,Treason,Wartime Executions

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1989: Vladimir Lulek, the last Czech executed

Add comment February 2nd, 2014 Headsman

On this date in 1989, the then-united Czechoslovakia hanged Vladimir Lulek for slaughtering his wife and four children. (Czech link, as are the others in this post.)

Lulek, who died at Prague’s Pankrac Prison, has the distinction of being the last person executed in what now constitutes the present-day Czech Republic. (A Slovak man named Stefan Svitek was put to death later that same year in Bratislava; Svitek holds that same distinction for both present-day Slovakia and for the former Czechoslovakia as a whole.)

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1947: Henry Rinnan, Norwegian collaborator

Add comment February 1st, 2014 Headsman

On this date in 1947, a firing squad shot Henry Rinnan for treason at Trondheim’s Kristiansten Fortress.

Standing just 5′ 3″ on tippytoe, Rinnan (English Wikipedia entry | Norwegian) stands tall as Norway’s most notorious World War II collaborator this side of Vidkun Quisling.

That physique got him turned away when he tried to volunteer to fight the Soviets in the Winter War, but it didn’t put the Gestapo off him after Germany occupied Norway in 1940. He formed an informants’ network known as the Rinnanbanden which infiltrated the resistance movement and entrapped anti-occupation Norwegians — a “game in the negative sector,” as Rinnan described it.

The “game” got more than a thousand people arrested and something like 100 killed, including one of the more notorious episodes of the occupation, the Majavatn affair. (Norwegian link) It also eventually got Rinnan a German rank and the opportunity to kill some people personally.

Twelve people in all from the Rinnanbanden were sentenced to death after the war, counting Rinnan. Ten of those did indeed pay the penalty.

There’s a Norwegian page about the Rinnanbanden here.

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1902: A day in the death penalty around the Pacific Northwest

Add comment January 31st, 2014 Headsman

The U.S. states of Washington and Oregon both hanged murderers on this date in 1902.

Oregon

The death knell for local public(ish) hangings in Oregon took place this morning in the courthouse of Portland’s courthouse under the eyes of 400 invited witnesses and numerous additional gawkers who scaled telegraph poles or stationed themselves on nearby rooftops.

Jack Wade and William Dalton hanged together for murdering one James Morrow just three months for two bits. It was an uncomplicated crime: the villains stuck Morrow up as the latter returned one night from paying court to a young lady, then shot him when Morrow made a sudden move.

On hanging day, the pair addressed an ample breakfast of ham, chicken and eggs, knocked out some hymns and an impromptu rendition of “Where Is My Wandering Boy Tonight?”

… and then took a cavalier stroll to the gallows where Wade displeased right-thinking folk with his devil-may-care attitude towards his own execution. He tossed a cigar to the crowd, and played his fingers over the hemp as the rope was fastened, remarking with a wink, “it is tough.”

While the hanging itself went off without a hitch, the curious onlookers pushed through the rail meant to restrain them once the bodies were cut down and began scrabbling for bits of hemp. The sheriff finally had to clear the courtyard.

Even worse, “ten or 12 women witnessed the execution” from atop a building at Fifth and Main street, according to the Oregonian‘s report the next day. “It is doubtful if such a thing ever occurred before at a legal hanging in this country.”

The legislature some years previous had tried to get a handle on execution decorum by moving hangings off public squares and into jails, so this public(ish) execution wasn’t technically public at all. But as seen, these facilities with their barrier-toppling invited mobs and conspicuously feminized illicit peepers surrounding still affronted the alleged solemnity of the moment and led the legislature at its next sitting in 1903 to enact a statute requiring that “all executions should take place within the walls of the [state] penitentiary, out of the hearing and out of sight of all except officials.”

Wade and Dalton weren’t actually the last to hang publicly(ish) in Oregon, however. Since the law wasn’t retroactive, several additional executions occurred after the penitentiary-hanging law was enacted — the last as late as 1905. (See Necktie Parties: A History of Legal Executions in Oregon, 1851-1905).

Washington

Chinese immigrant Lum You was hanged at South Bend, Washington on January 31, 1902. He shot a man named Oscar Bloom during a drinking bout that turned into a drunken bout.

Lum You actually escaped his condemned cell on January 14 when his dinner was being fetched by the jailer and on the loose for a couple of days, but was recaptured on January 17 by a posse. He allegedly begged them to shoot him dead right there, then changed his mind when some business-minded character actually produced a weapon. (Credit to the great Northwest for its highly accommodating vigilantes.)

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,Oregon,USA,Washington

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1857: Jean-Louis Verger, doctrinaire

Add comment January 30th, 2014 Headsman

On Saturday, January 3, 1857, the Archbishop of Paris Marie-Dominique-Auguste Sibour the church of Saint-Etienne-du-Mont when Jean-Loiuis Verger stepped out of a crowd — out of obscurity — and plunged a long Catalan knife fatally into Sibour’s chest.

The assassin Verger (English Wikipedia entry | French) was a 30-year-old ordained priest who had accumulated a quarrelsome reputation among his ecclesiastical peers. The previous year, he had been laid under an official interdiction for preaching against the Catholic Church’s controversial new doctrine of the Virgin Mary’s Immaculate Conception.

Some reports had Verger crying out “No goddesses!” as he daggered the archbishop. “It is nowise the person of the Archbishop of Paris whom I wished to strike, but, in his person, the dogma of the Immaculate Conception,” Verger told the magistrates who judged him within days. There wasn’t a whole lot of doubt about the trial, so why wait around? But Verger’s vendetta wasn’t only theological; his suspension meant he wasn’t getting paid, and as his fury mounted over it he went so far as to post himself at the door of a church with a placard proclaiming that he was starving.

Archbishop of Paris was a surprisingly dangerous job in the mid-19th century. Sibour got the post because his predecessor was shot dead negotiating at a barricade during the 1848 revolution; in 1871, Archbishop Georges Darboy was taken hostage by the Paris Commune and executed by his captors when the national government invaded the city.

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1253: P. Morret, poor guesser

Add comment January 29th, 2014 Headsman

Henry Charles Lea‘s A History of the Inquisition of the Middle Ages brings us the following anecdote of the Kafkaesque legal trap in which those denounced to the Inquisition found themselves.

In reality no advocate could be of material service to the accused, save in the most exceptional cases. The men who organized the Holy Office knew too well what they wanted to leave open any possibilities of which even the shrewdest advocate could take advantage, and it was admitted on all hands as a recognized fact that there was no method of defence save disabling the witnesses for the prosecution. It has been seen that enmity was the only source of disability in a witness, and this had to be mortal — there must have been bloodshed between the parties, or other cause sufficient to induce one to seek the life of the other. If, therefore, the case rested on witnesses of this kind, their testimony had to be rejected and the prosecution fell. As this was the only possible mode of escape, the cruelty of withholding from the prisoner the names of the adverse witnesses becomes doubly conspicuous. He was forced to grope around in the dark and blindly name such persons as he imagined might have a hand in his misfortunes. If he failed to hit upon any who appeared in the case, the evidence against him was conclusive, as far as it went. If he chanced to name some of the witnesses, he was interrogated as to the causes of enmity; the inquisitor examined into the facts of the alleged quarrel, and decided as he saw fit as to the retention or the rejection of their testimony. Conscientious jurists like Gui Foucoix and inquisitors like Eymerich warned their brethren that as the accused had so slender a chance of guessing the sources of evidence, the judge ought to investigate for himself and discard any that seemed to be the product of malice; but there were others who sought rather to deprive the poor wretch of every straw that might postpone his sinking. One device was to ask him, as though casually, at the end of his examination, whether he had any enemies who would so disregard the fear of God as to accuse him falsely, and if, thus taken unawares, he replied in the negative, he debarred himself from any subsequent defence; or the most damaging witness would be selected and the prisoner be asked if he knew him, when a denial would estop him from claiming enmity. It is easy to imagine other tricks by which shrewd and experienced inquisitors could save themselves the trouble of admitting the accused to even the nugatory form of defence to which alone he was entitled. As to allowing him to call witnesses in his favor, except to prove enmity of the accusers, it was never thought of in ordinary cases. By a legal fiction, the inquisitor was supposed to look at both sides of the case, and to take care of the defence as well as of the prosecution. If the accused failed to guess the names of enemies among the witnesses and to disable their testimony, he was condemned.

In England, under the barbarous custom of the peine forte et dure, a prisoner who refused to plead either guilty or not guilty was pressed to death, because the trial could not go on without either confession or defence. Cruel as was this expedient, it was the outcome of a manly sense of justice, which based its procedure on the rule that the worst felon should have a fair opportunity to prove his innocence. Far worse was the system of the Inquisition, which was equally resolved that its culprits should have no such easy method of escape as a refusal to plead. It had no scruples as to proceeding in such cases, and the obstinacy of the accused only simplified matters. The refusal was an act of contumacy, equivalent to disobeying a summons to appear, or it was held to be tantamount to a confession, and the obdurate prisoner was forthwith handed over to the secular arm as an impenitent heretic, fit only for the stake. The use of torture, however, rendered such cases rare.

The enviable simplicity which the inquisitorial process thus assumed in the absence of counsel and of all practical opportunities for defence can perhaps best be illustrated by one or two cases. Thus in the Inquisition of Carcassonne, June 19, 1252, P. Morret is called up and asked if he wishes to defend himself against the matters found in the instructio or indictment against him. He has nothing to allege except that he has enemies, of whom he names five. Apparently he did not happen to guess any of the witnesses, for the case proceeded by reading the evidence to him, after which he is again asked thrice if he has anything further to say. To this he replies in the negative, and the case ends by assigning January 29 for the rendering of sentence. Two years later, in 1254, at Carcassonne, a certain Bernard Pons was more lucky, for he happened to guess aright in naming his wife as an inimical witness, and we have the proceedings of the inquest held to determine whether the enmity was mortal. Three witnesses are examined, all of whom swear that she is a woman of loose character; one deposes that she had been taken in adultery by her husband; another that he had beaten her for it, and the third that he had recently heard her say that she wished her husband dead that she might marry a certain Pug Oler, and that she would willingly become a leper if that would bring it about. This would certainly seem sufficient, but Pons appears nevertheless not to have escaped. So thoroughly hopeless, indeed, was the prospect of any effort at defence, that it frequently was not even attempted, and the accused, like Arnaud Fabri at Carcassonne, August 26, 1252, when asked if he wished a copy of the evidence against him, would despairingly decline it. It was a customary formula in a sentence to state that the convict had been offered opportunity for defence and had not availed himself of it, showing how frequently this was the case.

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1820: Not Stephen Boorn, saved by newsprint

1 comment January 28th, 2014 Headsman

January 28, 1820 was the scheduled hanging-date for Stephen Boorn in Vermont, who was spared by the stroke of luck in one of the Republic’s seminal wrongful conviction cases. For all its vintage, it has a disturbingly current feel.

Stephen Boorn and his brother Jesse were farmers in Manchester living with their possibly feebleminded brother-in-law Russell Colvin when Colvin suddenly vanished in May 1812. Vanishing unexplained for weeks on end was actually an established behavior for this peculiar gentleman, so it was only gradually that suspicion of foul play accumulated. There was some bad blood known to exist between Colvin and his brothers-in-law; they had even been seen in a violent quarrel just before Russell Colvin disappeared (pdf). There were whispers, but never any real evidence.

And so weeks stretched into months, and then to years. Many years. Was it possible two neighbors of the good people of Manchester, Vt., had gotten away with murder plain as day and gone about bringing in their crops just like nothing happened?

The break arrived in 1819 courtesy of the brothers’ aged uncle Amos Boorn. Amos reported that Russell Colvin had appeared to him in a dream and accused his former in-laws of murder. Now a dream couldn’t be read in evidence, but it proved sufficient to re-open a cold case and endow the investigation with official “tunnel vision” so familiar to the staging of a wrongful conviction.

The other classic trappings of that scene followed anon: shoddy evidence, a jailhouse snitch, and even a false confession.

Once under the pall of suspicion, random events around the Boorns began to seem sinister. The dream-Russell’s accusation led to a cellar-hole being excavated, which turned up some random junk (a penknife, a button); was it Colvin’s random junk? A barn on the Boorn farm burned down; had it been torched to conceal evidence? A boy found bones at a stump on the property; were they human remains? (They turned out to be animal remains.)

Stephen Boorn had moved to Denmark, New York, but Jesse Boorn was taken into custody for interrogation. There he was parked in a jail cell with a forger named Silas Merrill.

Lo and behold, Jesse Boorn immediately spewed to his bunkmate the awful secret of the murder. Yup, after keeping it quiet for seven years he detailed it all to Silas Merrill one “night, when he and Jesse had waked from their sleep, and without any previous persuasion or advice on the subject” and also just happened to tie in all that random sinister stuff from the investigation like the barn and the bonestump. Naturally, Merrill was released for relaying to his jailers this valuable and in no way impeachable information.

Now cornered, Jesse confessed to the murder. The causes of false confessions are complex, but the advent of DNA exonerations has underscored the alarming frequency of this phenomenon. A strictly rationalist explanation might postulate that Jesse thought he could avoid hanging by taking responsibility for a crime he was now certain to be convicted of, and framing it in the least culpable possible light; the murkier fathoms of human psychology might suggest a desire to please his captors or a conscience conforming itself to the conviction of his neighbors. Whatever the case, the confession got Stephen extradited from New York, and under interrogation Stephen too confessed. Stop confessing to things, people! (In fact, best say nothing at all.)

Despite retracting the confession, the brothers were convicted with ease in a trial held at the town’s church, the better to accommodate huge crowds that would have overflowed the courtroom. They were both slated to hang on January 28.*

While Jesse Boorn won a commutation his brother appeared doomed.

As an almost literal last gasp, Stephen took out newspaper advertisements searching for Russell Colvin. And they worked. At least, this is the version of the story as it is commonly recounted, dating I believe to this 1932 volume on wrongful convictions. The primary sources referenced there actually appear to me to indicate that the Boorn-saver, a New Jersey gentleman named Taber Chadwick, responded with a letter to the editor to a simple news report of the case, which report naively credited the dream-driven conviction as “divine providence”.


From the New York Evening Post, Nov. 26, 1819.

Luckily, Mr. Chadwick realized that he knew a Russell Colvin from Manchester whose mental state was thoroughly addled.


New York Evening Post, Dec. 10, 1819.

A fortnight after this letter hit the press, Colvin was back in Manchester … and this time, it was not in a dream.

Colvin confirmed that his brothers-in-law hadn’t hurt him at all and both Boorns — who, we remind you, had each previously confessed to killing a man who was now here in the flesh and blood to exonerate them — both these Boorns walked free.

Update: Embarrassingly not noticed by my own self in researching this post, a comment from the outstanding 19th century crime blog Murder By Gaslight flags the hypothesis that the entire exoneration was staged using an imposter to weasel the Boorns out of prison.

* According to this biography of the African-American divine Thomas Lemuel Haynes, Haynes was the Boorns’ confessor while they awaited execution, and one of the only people to believe the brothers’ protestations of innocence. Haynes was eventually moved to spend his own money on the famous advertisement hoping that “any person who can give information of the said Colvin may save the life of an innocent man.” If there’s one Vermonter who comes out of this astonishing story smelling like a rose, it’s Reverend Haynes.

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1868: Three Italian bandits

Add comment January 27th, 2014 Headsman

On this date in 1868, a trio of notorious Italian brigands went under the French guillotine in Marseilles.

Joseph Coda-Zabetta, the leader, had escaped a hard labor sentence in Italy and fled to France where he founded a large band of robbers who terrorized France’s Mediterranean countryside from Nice to Marseilles for some months in 1867.

From raiding unoccupied country homes the gang soon progressed to bold invasions of occupied houses and waylaying travelers. “In one instance,” a press report of their trial reported,* “six of the band attacked a convoy of carriers, one of whom received a pistol-shot in the breast and a stab with a knife, from which injuries he afterwards died.”

Twelve of the band faced trial, and four of their number received death sentences. (Seven others had long prison sentences; a man named Muletto was acquitted.)

Coda, Antoine Quaranta, and Felix Mardi (Italian pdf) were all guillotined on this date in 1868. (They died, it was said, repentant (French).) The fourth condemned prisoner, Jacques Mulatere, had his death sentenced commuted to life at hard labor.

* London Times, Dec. 20, 1867

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1681: Isabel Alison and Marian Harvey, Covenanters

Add comment January 26th, 2014 Headsman

We turn today to William Crookshank’s (certainly partisan) narrative of the hanging of two Scottish Covenanters on this date in Edinburgh, as told in his The history of the state and sufferings of the Church of Scotland.


On the 25th of December some of the students in the College of Edinburgh brought to the head of the Cowgate the effigy of the pope in his robes, with his keys, mitre, and triple crown; and, when they had excommunicated him, they carried him about in a chair, like that wherein he is elected at Rome, to the foot of the Blackfriars’ Wynd. The students, knowing the thing had taken air, gave out that they were to carry his holiness in procession to the Grassmarket, the place of the execution of criminals; whereupon the guards marched thither. Meanwhile the boys marched in procession by the Black-friars’ Wynd to the High-street, three of them going before with lighted torches. Being come thither they condemned his holiness to be burnt: accordingly the torchmen blew up the effigy with gun-powder, notwithstanding their being attacked by some soldiers commanded by Linlithgow and his son; whom they warned to beware whom he struck, since he had relations among them.

The Duke of York’s [the future James II -ed.] being now in Scotland sharpened the edge of the persecution; so that no less than twenty were executed in the course of this year 1681.

The sufferers had, it is true, declared against the king’s authority, for which many of them were hanged, and otherwise persecuted by their enemies, and’censured by their friends. They branded them as madmen, enemies to government and civil society; but it is very plain that they never opposed government or monarchy as such, but only wicked, perjured, and persecuting governors. These they did oppose, and that for the very same reasons that brought about the Revolution and the protestant succession.

I cannot express this better than in the words of the author of the Memoirs of the Church of Scotland, when speaking of the Torwood excommunication. Says he,

I desire the impartial reader to compare it with the memorials above-mentioned, [to wit, the memorial to the Prince of Orange from the people of Great Britain, to invite him to come to their assistance] and see if it be posible for any British protestant, who owns the justice of the Revolution, to reflect upon the zeal of these people, without blushing for himself and the whole nation, that they did not see and abhor the tyranny of those reigns sooner; then they had joined with those people instead of censuring their zeal; the Revolution had then been brought about without sovereign help at all; the Prince of Orange had then been called over, as peaceably as King George, to take possession of the crown; and the blood of near 20,000 people, who were one way or other murdered and destroyed by that now abdicated race of tyrants, had been saved. What a shame is it, says he, to us, and how much to the honour of these persecuted people, that they could thus see the treachery and tyranny of those reigns, when we saw it not; or rather, that they had so much honesty of principle, and obeyed so strictly the dictates of conscience, as to bear their testimony early, nobly, and gloriously to the truth of God and the rights of their country, both civil and religious; while we all, though seeing the same things, yet betrayed the cause of liberty and religion, by a sinful silence and a dreadful cowardice.

But suppose, through the treatment, the unacountable treatment they met with, they had gone a little beyond due bounds, and though sometimes their expressions were not so well chosen, can that either condemn the principles of religion and liberty upon which they acted; nay, or their actual disowning those tyrants, who, for nothing but the matters of their God and Saviour, had declared them outlaws, rebels and traitors? Besides, the blood of many was shed, against whom they could prove nothing, but what they extorted from them by their ensnaring questions. Nay, even some of the weaker sex were hanged or drowned on this score. But I shall relate the matters of fact as they happened in the order of time.

It was a dreadful affront to the Duke of York to find his holiness treated in such a manner, on that grand festival the 25th of December; and therefore the sycophant managers must not overlook such an indignity.

Accordingly, on the 4th of January, the masters of the college declared their abhorrence of what their scholars had done; and on the 6th, the council commanded the magistrates to order the college gates to be shut, and the classes to be dissolved. About this time several of the students were imprisoned, besides Mr Ridpath, which so exasperated the rest, that it is said, they threatened to burn the provost’s house at Priestfield, because the magistrates, who were patrons of the college, instead of protecting them, had acted violently against them; and in a few days the house of Priestfield was burnt.

Whereupon the council, on the 17th, issued a proclamation, offering 2000 merks and a remission, to any who should discover the actors: but it does not appear that any discovery was made …

The order of time leads me to the case of Isobel Alison and Marion Harvey, two young women, who were executed this month, to the perpetual disgrace of the bloody managers, who could have no acts of what they called rebellion, in the least, to lay to their charge.

When they were taken, I know not. Isobel Alison was apprehended at Perth, where she lived, only for speaking against the severity used to sundry good people there; for they could accuse her of nothing else. Marion Harvey was seized while going one day from Edinburgh to hear sermon in the fields, and was last year before the council. But though they had nothing against these two young women, they were resolved to shed their blood: and therefore upon what they owned at their examination they founded their indictment, and took away their lives. That the reader may have a specimen of the injustice of this period, that afterwards became common, I shall here insert the substance of their examination first before the council, and next before the lords of justiciary.

When Isobel Alison was before the council, she was interrogated as follows:

Q. Can you read the Bible?

A. Yes.

Q. Do you know the duty we owe to the civil magistrate?

A. When the magistrate carrieth the sword for God, according to what the scripture calls for, we owe him all due reverence; but when they overturn the work of God, and set themselves in opposition to him, it is the duty of his servants to execute his laws and ordinances on them.

Q. Do you own the Sanquhar declaration? [a speech disavowing Presbyterian allegiance to the government]

A. I do own it.

Marion Harvey’s examination before the council was upon the same points with that of her fellow-sufferer … Only, among other tilings, they said, Will you cast away yourself so? To which shy replied, I love my life as well as any of you, but would not redeem it upon sinful terms. They said, the rock, the cod and bobbins, were as fit for her to meddle with as those things. They offered her the assistance of ministers, but she would have none of their pro. vidiug

On the 17th of January they were brought before the Lords of Justiciary; for it was the constant practice at this time, the one day to bring such as fell into their hands before the council, and there by ensnaring questions, to bring them into a confession of such things as they accounted treason, and next day to prosecute them before the criminal court. These two women were accused for hearing at field-conventicles, harbouring Messrs Cargill, Cameron, &c. owning the Rutherglen and Sanquhar declarations, &c.

When Isobel Alison was before them, she was examined as follows:

Q. Do you abide by what you said the last day?

A. I am not to deny any thing of it. She owned she had converged with David Hackstoun, and disowned their authority.

Q. Do you disown us and the king’s authority in us?

A. I disown you all because you carry the sword against God, and not for him, and have, these nineteen or twenty years, made it your work to dethrone him, by swearing, year after year, against him and his work, and assuming that power to a human creature which is due to him alone, and have rent the members from their Head, Christ.

… Then they said, Your blood be on your own head, we shall be free of it. She answered, So said Pilate, but it is a question if it was so; and ye have nothing to say against me, but for owning of Christ’s truths and his persecuted members. They made no reply, but desired her to subscribe what she had owned, and, upon her refusing, did it for her.

Marion Harvey, before the justiciary, owned the Sanquhar declaration, &c. and then protested that they had nothing to say against her as to matter of fact; but only that she owned Christ and his truth, his persecuted gospel and members; of which she said, Ye have hanged some, others you have beheaded and quartered quick. To this they said nothing; but called those who were to sit on the jury, who appeared with reluctance. One of them said, He did not desire to be engaged in this matter; but he was obliged: then he desired that the confessions of the two prisoners might be read, because he knew not what they had to say against them. When he was ordered to hold up his hand and swear, he fell a-trembling. The jury being fixed, the confessions were read, and the advocate in a speech, aggravated every particular, in order to prove them guilty of treason. Some of the jury urged that there was no fact proved against them. The advocate said, But treason is fact; and taking himself again, he said, It is true, it is only treason in their judgment, but go on according to our law; and if you will not do it, I will proceed. The jury brought them in guilty on their own confession; however, the passing of the sentence was deferred till the 21st, when they were both condemned to be hanged at the Grassmarket on the 26th.

Meanwhile, on the 20th, the council enlarged the powers of the laird of Meldrum for apprehending those who were in the rebellion. The many searches which were made in consequence of this were most oppresive. The same day the magistrates of Edinburgh were ordered to call all the masters of coffee-houses before them, and obliged them to come under a bond of 5000 merks, to suffer no news-paper to be read in their houses, but such as are approved of by the officers of state.

Next day all the students in the college of Edinburgh were ordered to retire fifteen miles from that place, within twenty four hours, and not to come within these bounds without leave from the council, under the pain of being treated as seditious persons. A fine protestant government, to make such a splutter about burning the pope! But it was decent to compliment his Royal Highness the Duke!

On the 26th, Isobel Alison and Marion Harvey were executed according to their sentence. The reader will find what passed between them and Mr Riddel in the Cloud of Witnesses, together with their respective testimonies. When they were brought from the prison to the council-house, in order to be carried from thence to the place of execution, Marion Harvey said, with a surprising chearfulness and heavenenly transport, Behold, I hear my Moved saying unto me, Arise, my love, my fair one, and come away. When in the council-house, Paterson bishop of Edinburgh (such was the spirit of the man!) said, Marion, you said you never would hear a curate, now you shall be forced to hear one; and immediately ordered one of his suffragans, whom he had prepared for the purpose, to pray. When he began, she said to her fellow-prisoner, Come, Isobel, let us sing the 23d Psalm; which they did, and thereby drowned the curate’s voice, and confounded their persecutors.

Their behaviour on the scaffold is not to be omitted. Isobel having sung the lxxxiv Psalm, and read Mark xvi, cried over the scaffold, and said, Rejoice in the Lord ye righteous; and again, I say, rejoice. She was not suffered to pray till she came to the foot of the ladder. As she went up, she cried out, ‘O be zealous, sirs, be zealous, be zealous! O love the Lord, all ye his servants! O love him; for in his favour is life!’ And added, ‘O ye his enemies, what will ye do? Whither will ye fly in that day? for now there is a dreadful day coming on all the enemies of Jesus Christ. Come out from among them, all ye that are the Lord’s people.’ Then she concluded, ‘Farewell all created comforts; farewell sweet Bible in which I delighted most, and which has been sweet to me since I came to prison; farewell Christian acquaintances. Now into thy hands I commit my spirit, Father, Son, and Holy Ghost.’ Then the executioner threw her over.

Marion Harvey likewise sung Psal. lxxxiv. and having read Mal. iii, she said, ‘I am come here to-day for avowing Christ to be Head of his church and King in Zion. O seek him, sirs, seek him and ye shall find him: I sought him and I found him; I held him, and would not let him go.’ Then she rehearsed briefly the heads of her written testimony. Going up the ladder she said, 0 my fair one, my lovely one, come away. And, sitting down on the ladder, she said, ‘I am not come here for murder; for they have no matter of fact to charge me with ; but only by judgment. I am about twenty years of age: at fourteen or fifteen I was a hearer of the curates and indulged; and while I was a hearer of these I was a blasphemer and Sabbath-breaker, and a chapter of the Bible was a burden to me; but since I heard this persecuted gospel, I durst not blaspheme nor break the Sabbath, and the Bible became my delight.’ Upon this the commanding officer called to the executioner to throw her over, which he did accordingly.

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1928: Ben “Two Gun” Fowler, cinema shooter

1 comment January 25th, 2014 Meaghan

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

On this day in 1928, a lawman was electrocuted in Nashville, Tennessee for the drunken double murder he’d committed nearly a year earlier. He walked resolutely to the death chair and even helped the guards adjust the straps before they pulled the switch.

Deputy Sheriff Ben “Two Gun” Fowler possessed three main qualifications for Prohibition-era law enforcement:

  1. He was enormous in size.
  2. He had a menacing demeanor.
  3. He was a World War I veteran. (Although, it’s true, most of his service time had been spent in the hospital battling the Spanish Flu.)

His main duty seems to have been busting up whiskey distilleries; he claimed he had destroyed 200 of them during his three years of service in Scott County, Tennessee.

Not being a wasteful man, he consumed much of the confiscated booze himself. He was thus fortified with moonshine on the night of his crime: March 5, 1927.

The town of Robbins lacked a theater, so its residents regularly screened films in the school auditorium. A large crowd came to see a comedy that fateful March night, Fowler among them. He was armed with his usual two pistols, and also wearing a bullet-proof vest.

Supposedly, he planned to serve a civil warrant on someone whom he thought would also be attending the movie.

But shortly after the film began, Fowler became annoyed by some noisy children and ordered them to keep quiet or he would arrest them. This prompted laughter from others in the crowd, including Dr. Wylie W. Foust. Fowler ordered him to shut up and threatened to arrest him, and Foust replied calmly, “You won’t do that.”

Foust was right: Fowler didn’t do that. Instead he struck him in the face with one of his pistols then shot him two or three times in the head. The doctor fell dead on the spot. If this sounds familiar, it’s because armed moviegoers are still to this day known to demand polite moviegoers.

Dr. Foust’s adult son was sitting behind him, and he was also armed. He pulled out his own pistol and shot at his father’s killer, but the bullets were ineffective against Fowler’s bullet-proof vest.

Fowler returned fire. At least two bystanders were shot in the melee. One of them, 53-year-old John Wesley West, also a deputy sheriff, was fatally wounded and died at the hospital.

For some time after the shootings, the drunken deputy stalked the auditorium, brandishing his pistols. He kept all the filmgoers in a state of terror, and ordered the Widow Foust to stop crying. Finally more level-headed armed men arrived and Fowler was put under arrest.

Justice moved swiftly: the murders happened Saturday night, Fowler was indicted on Monday, his trial started on Thursday, and the jury got the case the following Monday. Fowler’s defense was intoxication: he claimed he was too sauced to know what he was doing, which reduced his crimes to second-degree murder, a non-capital offense.

Although most witnesses agreed “Two Gun” was under the influence at the time of his senseless outburst, they couldn’t agree just how drunk he was, and no one could testify as to how much alcohol he’d actually consumed prior to the shootings. The jury took only two minutes to convict.

It should be noted that this wasn’t Fowler’s only brush with the wrong side of the law, either: he and another deputy had previously been charged with killing two moonshiners, but both men were acquitted in that case.

Fowler, a Kentucky native, was the only Scott County residence to die in the electric chair in Nashville. He was 35 years old when he attained that distinction.

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