Posts filed under 'Where'
April 10th, 2014
On this date in 1813, the Napoleonic forces occupying Oldenburg, Germany shot Albrecht Ludwig von Berger and Christian Daniel von Finckh as rebels.
The Duchy of Oldenburg in northwest Germany could date its history back to the 12th century — but the end of its run was Napoleon’s takeover in 1810. This action helped break up France’s tenuous arrangement with Russia and lead to continental war, because the tsar’s sister was married to the Duke of Oldenburg. Russia had gone so far as to write Oldenburg’s sovereignty into its treaty with Napoleon.
The ultimate knock-on effects included France’s disastrous invasion of Russia and the collapse of Napoleon’s army.
As we meet Oldenburg in 1813, the French are headed the other way, harried by a vast European coalition. While the overall arc of this war bends towards French retreat, the situation at any given time and place was unpredictable, and Napoleon often gave better than he got.
Such uncertain circumstances offer martyrdom to the unlikeliest of characters. Berger and Finckh were just bureaucratic types, respectable figures in their own day whose peers’ bones presently molder unattended in the forlorn appendices of especially thorough genealogists.
But at a momentary nadir of French authority in Oldenburg in March 1813, local risings and the threat of Russian cavalry temporarily put the French administration to flight — leaving in its place a temporary administrative commission to which both Berger and Finckh belonged.
Had Oldenburg immediately fallen to the Sixth Coalition, that item would be a footnote to a treatise on governance in the duchy. Instead, the French regained authority and decided that our two principals were a little too subversively enthusiastic about running Oldenburg sans France. The notoriously hard-hearted commander Dominique Vandamme had them condemned at a court-martial on April 9, and the sentence put to execution the very next day. (The other commissioners got off with prison sentences.)
Little more than a year later, the two were posthumously rehabilitated by the restored dynasty of the post-French Grand Duchy of Oldenburg. Though minor figures in the scheme of things, every martyr pays the same coin; accordingly, the patriotic German might wish to spare a moment for the memorial to them in Oldenburg’s historic Gertrudenfriedhof cemetery.
Memorial to Berger and Finckh at Gertrudenfriedhof in Oldenburg, Germany. (cc) image from Corradox.
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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Execution,France,Germany,History,Martyrs,Occupation and Colonialism,Power,Shot,Wartime Executions
April 9th, 2014
On this date in 1812, the great Cuban revolutionary leader “Black” Jose Aponte was executed with eight comrades.
Like South Carolina’s Denmark Vesey, Aponte led a slave revolt but was not actually a slave himself. Instead, he was a free black woodworker, and a respected captain in Cuba’s black militia.
Aponte led a bold island-wide conspiracy of slaves and free blacks who aimed at liberating themselves by revolution.
A few hours’ sail off Cuba’s eastern coast lay Haiti, whose slaves had done just that only a few years before to the greater hope or terror — depending on which end of the lash one had — of slave societies all around the region.*
So it was with Aponte.
There is some debate over the degree to which Aponte personally can be said to have led or coordinated the various planned (and in some cases, actual) rebellions around Cuba. He was certainly a leader of such a plot in the capital city and viewed by Spanish authorities as a figure of significance across the island, and so the whole movement has become known as the Aponte Conspiracy or Aponte Rebellions.
By any name they were an impressive undertaking, and the widespread collaboration of free black militiamen must have chilled the blood of plantation owners who banked on these forces to maintain order in Cuba. Five of those hanged with Aponte were, like him, freemen.
Sadly lost to history is a book of of Aponte’s drawings which are known only by the descriptions of interrogators who were alarmed by its depictions of, among other things, black armies defeating white ones** … and maps of the military fortifications around Havana.
This book and the movement it supported were betrayed to the Spanish with the familiar consequences. Aponte and his comrades hanged outside Havana’s Catillo San Salvador de la Punta on the morning of April 9, 1812. Then their heads were posthumously hewed off for public display around the city.
* Hilario Herrera, a principal organizer of the conspiracy in Oriente, was himself a veteran of the revolution on Saint-Domingue.
** Some of the subversive drawings depicted Aponte’s grandfather, Captain Joaquin Aponte, fighting the 1762 English invasion of Havana.
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Entry Filed under: 19th Century,Capital Punishment,Cuba,Death Penalty,Execution,Hanged,History,Mass Executions,Occupation and Colonialism,Public Executions,Revolutionaries,Soldiers,Spain
Tags: 1810s, 1812, april 9, havana, jose aponte, slave revolt
April 8th, 2014
On this date in 1642, George Spencer paid the penalty at the New Haven (Connecticut) colony for a pig-fucking that he probably never perpetrated.
Seven and a half weeks previous, a farmer named John Wakeman had reported to magistrates that his pregnant sow had delivered a litter of healthy piglets … plus one abomination from the nightmares of H.P. Lovecraft and Ron Jeremy.
Itt had no haire on the whole body, the skin was very tender, and of a reddish white collour like a childs; the head most straing, itt had butt one eye in the midle of the face, and thatt large and open, like some blemished eye of a man; over the eye, in the bottome of the foreheade which was like a childes, a thing of flesh grew forth and hung downe, itt was hollow, and like the mans instrument of generation.
Genetics is a funny thing. Once in a while the little variations in a new generation will produce an adaptive advantage that takes the species another step down its evolutionary path.
And then other times what you get is dickface swineclops.
As so often with a proper monster story, it was the frightened townsfolk who produced the real horror.
The resemblance of this poor (and mercifully stillborn) pig to a man — “nose, mouth and chinne deformed, butt nott much unlike a childs, the neck and eares had allso such resemblance” — looked like palpable divine anger to New Haven worthies, and inspired a suitably inquisitorial response.
Its target was localized to George Spencer, a former servant to the pig’s former owner. Spencer had a bum eye himself plus a reputation as a “prophane, lying, scoffing and lewd speritt.” With a model of heredity we might strain to credit as primitive, it emerged as widespread suspicion that soon manifested into fact that Spencer had fathered the penis-headed chimera.
Maybe George Spencer really did go hog wild. Who really knows? But the account of the “investigation” — in which the only actual evidence was Spencer’s own confession plus his mutant “progeny” — has every hallmark of the false confessions whose prevalence is only lately becoming well-understood. European and American “witches” were also telling their persecutors just what they wanted to hear in the mid-17th century.
Spencer denied the charges at first. The magistrate Stephen Goodyear(e)* interrogated him: did Spencer not “take notice of something in [the monster pig] like him”? Goodyear implied that they already knew Spencer was guilty.
During a nervous pause, which Goodyear took to be Spencer preparing his soul to unburden itself but a less hostile viewer might have taken to be the frightened farmhand fretting about how he was going to escape with his neck, Goodyear hit him with Proverbs 28:13. It’s a nice dual-purpose verse to stamp the divine imprimatur on the good cop-bad cop approach: “He that covereth his sins shall not prosper: but whoso confesseth and forsaketh them shall have mercy.”
Spencer wasn’t getting anywhere denying everything. He decided to try confessing and getting in on that mercy.
(Even at this, he told someone else that he had only confessed “for favor”. Upon hearing this, Goodyear stalked back to Spencer’s cell and made him commit to the confession.)
The next day, a team of town grandees showed up to get the details. Again, Spencer denied it, but now his previous day’s remarks hemmed him in. His story was shifty; he changed the location of the sin from the sty to the stable, varied between a half-hour and two hours engaged in his sin.
By the time of the trial that commenced on March 2, Spencer — perhaps now realizing that the proverb he ought to have heeded was “don’t talk to police” — was back to full denial. This time he stuck to it all the way through the proceedings, and little good it did him as witness after witness who had heard various iterations of his confession reported the admission. The judges had to decide how to adjudicate this kind of case at all, and they decided to go straight to the Pentateuch.
according to the fundamentall agreement, made and published by full and generall consent, when the plantation began and government was settled, that the judiciall law of God given by Moses and expounded in other parts of scripture, so far as itt is a hedg and a fence to the morrall law, and neither ceremoniall nor tipicall, nor had any referrence to Canaan, hath an everlasting equity in itt, and should be the rule of their proceedings. They judged the crime cappitall, and thatt the prisoner and the sow, according to Levit. 20 and 15, should be put to death.
By hanging-day on April 8, Spencer was still refusing to admit the charges, and he even continued his obstinacy to the gallows — giving only the sort of standard-issue hanging-day exhortation to straighten those laces and not skip church that everyone always gave. To this he still “joyned a denyall of his fact.”
Only at the very last, with the noose about his neck, “and being tolde it was an ill time now to provoke God when he was falling into his hands, as a righteous and seveere judge who had vengeanc at hand for all his other sins, so for his impudency and atheisme, he justified the sentence as righteous, and fully confessed the bestiality in all the scircumstances,” meanwhile blaming for the probable damnation of his soul a sawyer in the audience named Will Harding who tried to keep the flesh alive by counseling Spencer to just keep his damned mouth shut and not confess anything in the first place. This death’s-edge admission would have satisfied onlookers, but ought not satisfy us; the complex psychology of false confessions with their underlying fear of punishment and need to please a captor are potentially even sharper at the communal performance of a public execution — the offender’s last opportunity to spiritually rejoin his own community. Spencer knew he was doomed; he knew everyone thought he was lying; he would presumably have genuinely feared hell and deeply desired to give his own certain death meaning. Somewhere in this id soup is surely reason enough to say the thing his friends and neighbors all but willed him to say.
Thing said, the poor sow was butchered under Spencer’s eyes first (as Leviticus demands). Then Spencer was strangled on hemp, “God opening his mouth before his death, to give him the glory of his rightousnes, to the full satisfaction of all then present.”
* Goodyear(e)‘s daughter Hannah would eventually marry the son of John Wakeman, whose sow it was that gave birth to the pig that started all the ruckus. In the early 1650s, Stephen Goodyear would favor colonial authorities with suspicions of a witch in his very own household, but that poor servant managed to avoid execution.
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Entry Filed under: 17th Century,Capital Punishment,Connecticut,Death Penalty,England,Execution,Hanged,History,Innocent Bystanders,Occupation and Colonialism,Public Executions,Sex,USA,Wrongful Executions
Tags: 1640s, 1642, april 8, bestiality, forensics, george spencer, new haven, penis, pigs, wrongful confessions
April 7th, 2014
On this date in 1979, just days after a referendum overwhelmingly voted revolutionary Iran an Islamic Republic, its former Prime Minister was convicted by a drumhead tribunal in Qasr Prison. Minutes after the trial closed, he was shot to death in a prison courtyard.
The western-educated Amir-Abbas Hoveyda (or Hoveida) shimmied up the diplomatic ranks in the 1940s and 1950s, and became Prime Minister after Hassa Ali Mansur was assassinated in 1965.
Hoveyda held the office for twelve and a half years, longer than anyone in modern Iranian history. He had been noted as a progressive young statesman interested in reforming Iran. But his years in government notably failed to restrain Iran’s endemic corruption and state violence. That he was a debonair polyglot with a discerning taste in whisky cut more ice with his foreign admirers than his future judges.
Not long after the economic crisis of the 1970s forced him from office, the Iranian Revolution collapsed the entire state to which he devoted his public service.
Embracing either martyrdom or naivete, Hoveyda turned himself into the authorities of newborn revolutionary Iran, and soon found his name on the marquee for a spate of revolutionary trials. From mid-February, every day or two would bring fresh headlines of six or eight or 11 more shot for complicity in the ancien regime. Away from the capital, others suffered the same fate, mostly hidden from the world.
Revolutionary Iran’s first Prime Minister, Mehdi Bazargan — a raving bleeding heart by the yardstick of what was to come — forced a halt to the bloodbath by threatening to resign and denouncing the trials as “irreligious, inhuman and a disgrace” on national television. Revolutionary tribunals suspended on March 16, interrupting Hoveida’s prosecution — or merely protracting his death rattle.
But Bazargan had less weight to throw around than he might have thought. He would accede himself unhappily to the resumption of the revolutionary courts in early April, and eventually resign late in 1979 over the U.S. embassy hostage-taking.
Unimpeded now, those courts stayed busy with near wall-to-wall prosecutions of hundreds of former officials of the hated Shah.
It was, indeed, technically that same day — around 1 a.m., following a marathon 15-hour court session — that a half-dozen former military men met the same fate in Qasr Prison. Gen. Iraj Amini-Afshar, Gen. Mohammed-Javad Molavi Taleghani, Col. Mashallah Iftikhar Manish, Col. Hadi Gholestani, Lt. Bhadour Bahadouri, and a rank-and-file soldier named Mustafa Sadri were all shot for having fired on revolutionary crowds in Isfahan the previous December.
After a good night’s sleep, they were ready to have done with Hoveyda.
The notorious revolutionary “hanging judge” Sadeq Khalkhali ordered the execution shortly before 6 p.m. that evening, for immediate dispatch. Khalkhali is even been rumored to have personally finished off the former Prime Minister.*
* I’m skeptical of the anecdote in Khalkhali’s current Wikipedia page that the judge shot Hoveyda to pre-empt a possible stay. Virtually all the pre-execution 1979 reporting I’ve seen agreed that Hoveyda had no prospect of clemency given the political situation, and that the end of the Bazargan moratorium and resumption of the trials was tantamount to his death sentence.
Middle East correspondent Robert Fisk remembered a somewhat topical anecdote about the judge; it’s from Fisk’s The Great War for Civilisation: The Conquest of the Middle East:
I had sat at the feet of Hojatolislam Sadeq Khalkhali, the “hanging judge”, as he listed those of the Shah’s family sentenced to death in absentia. Khalkhali it was who had sentenced a14-year-old boy to death, who had approved of the stoning to death of women in Kermanshah, who earlier, in a mental hospital, would strangle cats in his prison cell. “The Shah will be strung up; he will be cut down and smashed,” he told me. “He is an instrument of Satan.”
Weeks later, in Evin prison, he discoursed again on the finer details of stoning to death. I still have the cassette of our conversation, his lips smacking audibly on a tub of vanilla ice cream as he spoke.
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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Execution,Famous,Heads of State,History,Iran,Politicians,Shot
April 6th, 2014
On this date in 1571, the Archbishop of St. Andrews hanged in his clerical vestments at the Mercat Cross in Stirling.
John Hamilton‘s fate was tied up in that of his Romish church during the strife-wearied years of Queen Mary. There was a sure reckoning for the Church due in those years, but whose?
After the transition in England from the Catholic Queen Mary to the Protestant Queen Elizabeth, an alliance of Protestant Scottish nobles moved to overthrow the authority Mary of Guise, the French Catholic who ruled Scotland as regent for her expatriate daughter Mary, Queen of Scots.
As she was pushed back, Mary of Guise called in French reinforcements, and the Protestant lords English reinforcements. But Mary of Guise dropped dead of dropsy in 1560 and put the Protestants in the driver’s seat, shattering Scotland’s centuries-long Auld Alliance with France.
Political maneuvering in Scotland over the next decade makes for a tangled skein with many unexpected accommodations and alliances. But the religious direction of the realm would be the most prominent and knotty thread of them all.
James Stuart, Earl of Moray, one of the most prominent Protestant lords, was the illegitimate half-brother of Mary, Queen of Scots — Mary of Guise’s very Catholic daughter, who soon returned to rule a native land she had not laid eyes upon since the age of five.* The practical Moray became at first the real power behind the throne of the teenage queen, but the two also increasingly maneuvered against one another for, among other things, the future of Scottish Christianity.
The prelate Hamilton naturally held for out to keep reforms within the pale of orthodoxy. He had printed a noteworthy “Hamilton’s catechism” of Catholic doctrine in the 1550s, in the vernacular for popular consumption.**
So as the Moray-Mary relationship went pear-shaped in the late 1560s and the country fell into civil war, Hamilton of course gravitated to the side of the Catholic queen. Mary by this time had been forced to abdicate the throne in favor of her son, James VI (eventually also James I of England). Moray was now “Regent Moray” and exercised power in the infant king’s name. He also drove Mary to England, and her eventual execution.
He certainly had no shortage of mortal enemies.
On January 23, 1570, from the window of a house Archbishop Hamilton owned with his brother in Linlithgow, their kinsman James Hamilton shot Regent Moray dead as he passed in a procession en route to a diplomatic rendezvous in Edinburgh.
James Hamilton prepares to win your barstool bet by becoming the first firearm assassin in history on January 23, 1570. (via)
This appears to be the first assassination with firearm on record (beating William the Silent‘s murder by a good 14 years), and it would set an encouraging precedent for Team Assassin: the gunman sprang onto a ready-saddled horse and successfully escaped his pursuers by desperately daggering his own mount in the hindquarters to spur it to leap over a creek. James Hamilton took refuge with others of the Hamilton clan in the town of that name.
As his subsequent course suggests, James Hamilton was not a lone gunman: a number of family members knew of and aided his plot. (He had actually been stalking Moray over several cities on his travels, looking for the right opportunity.)
Through them, the killer escaped to France. His uncle the archbishop was not so fortunate.
John Hamilton fled to the refuge of Dumbarton Castle following the assassination, but this citadel loyal to Mary was taken by surprise at the start of April 1571 by a daring nighttime escalade. John Hamilton was captured there and hailed to Stirling, where he was put to immediate death without benefit of trial.
* It was a bit of a step down from the French court for Mary, who had briefly been Queen consort of France when her frail husband unexpectedly succeeded the throne following the death of Henri II in a joust.
** Also in the 1550s, Bishop Hamilton granted the townspeople of St Andrew perpetual access to its Old Course, the legendary birthplace of golf.
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Entry Filed under: 16th Century,Capital Punishment,Death Penalty,Execution,Hanged,History,Murder,No Formal Charge,Public Executions,Religious Figures,Scotland,Summary Executions,Wartime Executions
Tags: 1570s, 1571, april 6, civil war, dumbarton castle, james hamilton, james stewart, james stuart, john hamilton, mary queen of scots, stirling
April 5th, 2014
The American occupation of the Philippines from 1899 spawned a widespread indigenous resistance whose “hatred of our people is as bitter as it is groundless,” one American general puzzled.
Not all Americans saw it that way. William Jennings Bryan‘s populist magazine The Commoner slagged the U.S. Army for its liberal use of “the methods best calculated to give them new reasons for hating us.”
Cartoon on the cover of Life magazine’s May 22, 1902 issue (click for larger image) shows colonial European powers chortling, ‘Those pious Yankees can’t throw stones at us any more’ as they watch Americans apply the water cure to a Filipino captive. Torture by water cure was widespread during the Philippines-American War.
“The native is tied down flat on the ground and his mouth forced open with sticks or a string,” one soldier described it (pdf source; it’s on page 23). “Water is poured down his throat through a bamboo tube, which is nearly always handy. The native must drink the stuff, and it is poured down him until he can hold no more. As much as a gallon can be forced into a man that way. Then the water is pumped out of him by stamping on his stomach or rolling him over. When he comes to the native is always ready to talk.”
Apart from guerrillas in the field, Filipino insurgents opposed the occupiers’ superior firepower with the nasty asymmetrical tactics of assassination and terrorism, and that’s what brings us to today’s post.
Filipino terrorists known as Ducots, Mandoducots, or Sandathan on August 28, 1900 murdered a wealthy Los Banos landowner named Honorato Quisumbing who served as a town “presidente” under the American occupation.
A U.S. military court found that nine prisoners at the bar (in combination with “other natives whose names are unknown”) made “an assault upon the said Honorato Quisumbing with clubs, knives, bolos, and daggers, and did then and there wilfully, feloniously, and with malice aforethought kill and murder the said Honorato Quisumbing by striking, cutting, and stabbing the said Honorato Quisumbing with the said clubs, knives, bolos, and daggers.”
The decedent was a Visayan doing business as a merchant at Santa Cruz and Los Banos … formerly loyal to the Spanish Government and transferred his loyalty, active assistance, and cordial good will to the succeeding Government of the United States … Because of his friendshipfor, and willingness to aid, the forces of the United States, he was made a marked man, and the order went forth from the insurgent chiefs that he should be secured, dead or alive; and, as the sequel shows, a money reward was offered for his life.
General Arthur MacArthur — father of World War II General Douglas MacArthur — commuted four of the sentences to prison terms, and approved the remaining five executions for April 5, 1901.
Honorato Quisumbing’s widow was compensated by American authorities to the tune of $1,500. One of the victim’s seven sons, Eduardo, grew up to become his country’s leading botanist.
Further north on Luzon that same date, the pueblo of Mexico witnessed the hanging of insurgent captain Isabello del Rosario, also by authority of the American military government.
He’d been convicted of various depredations as what his prosecutors called “a notorious outlaw,” the most shocking of which was buring alive a man who had been reported to have made suspicious inquiries as to the whereabouts of the guerrillas. (He was also convicted of rape, extortion, and the most egregious war crime, fighting out of uniform.)
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Entry Filed under: 20th Century,Assassins,Capital Punishment,Death Penalty,Execution,Hanged,History,Mass Executions,Murder,Occupation and Colonialism,Philippines,Power,Revolutionaries,Separatists,Terrorists,Torture,U.S. Military,USA,Wartime Executions
April 4th, 2014
Special dispatch to the St. Louis Globe-Democrat (April 5, 1884), which perhaps accounts for the outsized interest in the provenance of the rope.
MEMPHIS, TENN., April 4. — Henry Rose was hanged to-day at noon at Osceola, the county seat of Mississippi County, Ark., for the killing of Dempsey Tyler, a well-to-do negro who resided near Osceola. The preparations for the hanging were made by Sheriff W. Huskins some two weeks ago. The scaffold was newly built, as it was the first execution there for several years. The rope used was made at St. Louis of hempen material, and was 18 feet long and three-fourths of an inch in diameter. In ordering the rope Sheriff Haskins said he wished it to be good and strong, as the culprit weighed 200 pounds. A large crowd of negroes witnessed the execution. Rose, who is a negro, made a full confession of his guilt, and in a rambling speech on the scaffold told his listeners to be warned by his fate. His neck was broken by the fall.
The murder was a cold-blooded affair, as Taylor was killed while seated at his fireside one dark and stormy night, a load of buckshot being fired into the back of his head through a window only a few feet distant with fatal effect. The murderer escaped for the time being, but he left tracks which led to his discovery, arrest and conviction. He had gone to Taylor’s house in his stocking feet, and Sheriff Haskins, suspecting him of being the guilty party, inquired of a little girl at his residence for the stockings Rose wore on the night of the killing. The girl in reply to the Sheriff said, “Dey am under de bed, hid.” The tell-tale objects were found, and they led to further developments, which fixed the deed where it properly belonged. The man killed was popular with his race, but was regarded as an impudent and overbearing person by his white neighbors. It was for some slight or fancied wrong that Rose sought to revenge himself by slaying Taylor in the manner he did.
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Entry Filed under: 19th Century,Arkansas,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,USA
Tags: 1880s, 1884, april 4, henry rose, osceola
April 3rd, 2014
On this date in 2003, the state of Oklahoma executed Scott Hain for a Tulsa carjacking that netted $565 and two dead bodies.
The Hain that was strapped down on the gurney that evening was a 32-year-old with a nebbishy middle manager look, high forehead pursuing his hairline to the scalp’s horizon where it had drawn up a wilting rearguard picket fringing an egg-bald pate.
But back in 1987 when he stuffed Laura Lee Sanders and Michael Houghton into the boot of their own car and set it ablaze, Scott Hain was 17 years, 4 months, and 4 days of age.
American jurisprudence through the ages has regularly compassed the execution of minors, sometimes astonishingly young ones. But come the late 20th century the still-ongoing execution of a few men (they were all men) for crimes they had committed when still only boys was a deeply contentious subplot of the death penalty drama.
Because of the protracted judicial processes, there was no longer any question at this point of boosting wispy teenagers into electric chairs as South Carolina had done in 1944. The Scott Hains of the world were grown men by the time they died: grown up on death row.
They were, to be sure, nearly men when they killed as well.
The prevailing jurisprudence at this point was the 1989 Supreme Court decision Stanford v. Kentucky, which set the minimum age for death penalty eligibility at 16.*
And so 17- and even sometimes 16-year-old offenders not considered equal to adult responsibility** in most other spheres of life continued to face the executioner through the 1990s and into the 21st century, a period when the death penalty itself picked up steam.
This became an increasingly awkward situation. For one thing, it placed the United States internationally among a very small handful of countries with unsavory human rights records. Maybe it was a matter of the raw numbers; on the day Stanford came down, the United States had executed only 114 people in its “modern” era, and just three of them were juvenile offenders. For the 1990s, there would be an average of 48 executions every single year, and (again on average) one of those would be a juvenile offender.
But even as the numbers grew, only 20 of the 38 death penalty states permitted such executions, and only three states — Virginia, Texas, and Hain’s Oklahoma — actually conducted any such executions at all after 1993.
Foes argued over those years that the diminishing scope of the juvenile death penalty reflected an emerging national consensus against it — which could in turn be held to create a constitutional prohibition under the 8th Amendment’s proscription of “cruel and unusual punishment.”
Most of the death-sentenced juveniles made similar arguments in the course of their appeals, hoping to be the case that would catch the conscience of the court. Hain’s appellate team made this argument, too. It didn’t take, like it didn’t for any of the others who tried it.
Except, it was taking. Those evolving standards of decency were about to evolve right past a tipping point: in 2004, the justices accepted a new case from Missouri that placed the juvenile death penalty question before it once more.
The nine-member high court’s inconstant swing vote Anthony Kennedy — who had once upon a time (call it a youthful indiscretion) voted with the majority in Stanford to permit juvenile executions — wrote the resulting 2005 decision Roper v. Simmons, barring the execution of juvenile offenders in the United States.†
Scott Hain remains the last person executed in the United States for a crime committed in his childhood.
* The bright-line court ruling was necessary because states had indeed death-sentenced even younger teenagers. For example, Paula Cooper was condemned to death by an Indiana jury for a murder committed at age 15; her sentence was commuted to a prison term, and she was eventually released in 2013. The victim’s grandson, Bill Pelke, notably supported Cooper and has become a leading anti-death penalty activist in the intervening years.
** The notion of age 18 as the age of majority predominates worldwide, but is of course as arbitrary as any other, and has not been the threshold selected in all times and places. The Austrian empire declined to execute Gavrilo Princip for assassinating Archduke Ferdinand in 1914 and precipitating World War I because it could not establish that he had reached the age of 20 when he did so.
† Among the notable cases affected was that of Lee Boyd Malvo, the underaged collaborator of Beltway sniper John Muhammad. Malvo was being considered for capital charges in Virginia at the time Roper came down.
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Entry Filed under: 21st Century,Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Execution,Lethal Injection,Milestones,Murder,Notable Jurisprudence,Oklahoma,Theft,USA
Tags: 2000s, 2003, anthony kennedy, april 3, roper v. simmons, scott hain, stanford v. kentucky, supreme court
April 2nd, 2014
The wonderful blog Ghosts of D.C. calls our attention (via SanhoTree) to a fabulously gruesome botched hanging in the nation’s capital on this day in 1880.
James Madison Wyatt Stone was condemned for a brutal double-throat-slashing attack on his estranged wife, Alberta, and her sister, Lavinia Pitcher. Those two women lived together in Northwest D.C. along with Alberta’s two children by Stone; they had already had to shoo away the husband on previous occasions.
On Oct. 5, 1878, Stone forced his way into their residence and attacked Lavinia — she just happened to be in the sitting room when Stone burst the door. Pursuing her into the yard, Stone slashed her throat with a razor. Alberta came rushing down the stair to her shrieking sister’s aid, and Stone turned on her and delivered a similar injury. Alberta died the next morning; Lavinia survived.
Stone was chased down by neighbors who had been roused by the very noisy assault, which citizen captors then fended off attempts to exact summary justice until police arrived to take Stone into custody.
So that’s the crime. But get a load of the punishment.
Stone was hanged in a prison courtyard from a gallows 20 feet high, with just a five-foot drop of the rope. The details are important here because you might think from the story that follows that he was dropped almost all the way to the ground: the violence of the noose striking tends to cause a hanged body to oscillate. “He’s only got to be an inch or two off-centre and he’ll swing like a bloody pendulum when he’s dropped,” the executioner Syd Dernley remembered being told during his 20th century training program.
You can see pretty easily why that’s pertinent from the Washington Post‘s account of what happened when the trap was dropped.
Instead of the dangling and possible convulsed form of the dying man being as expected, all were horrified at seeing the body standing for a moment headless on the ground, the blood spurting in thin jets from the neck. Before anyone had time to realize what had occurred the decapitated trunk fell back, prone. The head had shot backwards also and bounded against the frame of the scaffold, falling about four or five feet from the body, the bleeding base being uppermost.
Falling 20 feet to land arrow-straight upright while your black-bagged head is torn off by a rope must be something like tossing a coin and having it come up … sides.
Physicians coolly retrieved the head from its bloodied sack, and found Stone’s visage “placid, and the lips moved as if about to say something.” (New York Times) It was sewed back to the murderer’s formerly blood-jetting neck for burial.
On this day..
Entry Filed under: 19th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,Racial and Ethnic Minorities,USA,Washington DC
Tags: 1880, 1880s, april 2, james stone
April 1st, 2014
A year ago today, three Persian Gulf states made the news for their April 1 executions.
Iraq four people on April 1, 2013 for terrorism-related offenses, including Munaf Abdul Rahim al-Rawi.
This onetime al-Qaeda figure once styled the “governor” of Baghdad was arrested in 2010 and actually cooperated with his captors, enabling U.S. and Iraqi officials to assassinate two other al-Qaeda leaders — Abu Abdullah al-Rashid al-Baghdadi and the long-hunted Abu Ayyub al-Masri.
Munaf Abdul Rahim al-Rawi, in a 2010 interrogation
Such cooperation didn’t come with any assurance for safety of his own. After the operations his intelligence made possible, al-Rawi went on trial for his life. “One of the investigators said a death sentence is waiting for me,” he told a reporter nonchalantly. “I told him, ‘It is normal.'”
The hangings were Iraq’s 19th, 20th, 21st, and 22nd of the year.
On April 1, 2013, Saudi Arabia beheaded Abdul Rahman Al Qah’tani in Riyadh. He “shot dead Saleh Moutared following a dispute.”
His was the 29th execution of the year.
Three men were hanged at the central jail in Sulaibiya, Kuwait, on April 1, 2013, the first executions in the gulf monarchy since May 2007.
- Pakistani Parvez Ghulam, convicted of strangling a Kuwaiti couple in 2006.
- Saudi Faisal Dhawi Al-Otaibi, who stabbed a friend to death.
- A stateless Arab Bedouin, Dhaher (or Thaher) al-Oteibi, who killed his wife and children and claimed to be the long-awaited twelfth imam. One imagines there was conceivably some mental instability there.
Kuwait employed the gallows with some regularity, with 72 hangings from the death penalty’s introduction in 1964 up until 2007. At that point, it ceased carrying out executions without any public explanation, though it has never ceased handing down death sentences.
This date’s resumption of hangings did not play at subtlety: media invitations resulted in a harvest of gallows photography. (See below.)
“We have begun executing death sentences as criminality and brutality have increased in our community, and the court issues sentences for serious crimes on a daily basis,” Kuwaiti prosecutor Mohammad Al-Duaij said in announcing the hangings. “These executions should eliminate the increasing number of crimes and be a deterrent.”
He added, ominously, that the other 48 people then on Kuwaiti death row had had their cases submitted to the emir for approval.
On this day..
Entry Filed under: 21st Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Iran,Mature Content,Murder,Public Executions,Saudi Arabia,Terrorists
Tags: 2010s, 2013, abu ayyub al-masri, al-qaeda, april 1, baghdad, day in the death penalty, munaf abdul rahim al-rawi, photography, riyadh