Posts filed under 'USA'
April 16th, 2014
(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)
Bad women are the cause of my being in this position…with all due respect to women, I must say they have brought me to ruin … I implore you all to abstain from evil habits. Especially beware of bad women.”
— Lovett Brookins, convicted of murder, hanging, Georgia.
Executed April 16, 1897
Brookins, a teacher, met the gallows smoking cigarettes. Before the drop, he prayed and sang. The high-ranking Freemason received the death penalty for murdering his mistress, Leila McCrary, and a man named Sanders Oliphant.
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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Georgia,Guest Writers,Hanged,Murder,Other Voices,Sex,USA
Tags: 1890s, 1897, april 16, love triangle, lovett brookins
April 14th, 2014
On this date in 1922, George Hornsby was hanged in Belton, Texas.
We pick up the George Hornsby’s trail 18 months before his execution, when the bludgeoned body of car dealer J.N. Weatherby was discovered outside Brownwood, Texas, on October 19, 1920.
The mysterious crime was unlocked by 16-year-old Willie Carter, who told authorities that he was the accomplice of the murderer George F. Hornsby* — Carter’s sister’s lover. The motive, Carter said, was theft.
Hornsby was arrested some weeks later in Birmingham, Alabama. He would insist from that time until the trap dropped under his feet that he had already been en route to Birmingham when the crime was committed.
The warring eyewitness testimony** attempting to situate Hornsby’s whereabouts on the days surrounding Weatherby’s murder defined the case both within the courtroom and without. A jury in Belton — where the trial had been moved owing to prejudice against Hornsby in Brownwood — bought Willie Carter’s version.
This did not cinch the case in the court of public opinion, especially since Hornsby vociferously adhered to his original story.
In the weeks leading up to the execution, after Hornsby’s legal team had fought its corner and the matter was in the hands of Gov. (and pioneer tough-on-crime pol) Pat Neff, Carter recanted his testimony.†
Then, a few days later, Carter recanted his recantation.
With the evidence in such a muddle, 7,000 sympathetic Texans — heavily residents of the trial venue Bell county as against those of Brown county, where the murder occurred — petitioned Gov. Neff for Hornsby’s life. Neff ended up personally interviewing Carter to try to figure out what was what. In the end, Neff wasn’t buying what the clemency campaigners were selling, and took a lonely stand against mobs of vigilantes roaming the Lone Star state imposing summary mercy.
No finer example can be had of criminal hero-worship than when a few months ago seven thousand one hundred and twenty-eight persons in Bell County signed a petition that I either pardon or commute the death sentence adjuded by court and jury against one George Hornsby. Hornsby was a man 29 years of age, a deserter from the American army, went under an assumed name to avoid identity, a transient fellow without vocation, lived with a woman not his wife on a negro street in Brownwood, and for the purpose of robbery, murdered, if human testimony is to be believed, one of the substantial citizens of Brown County. That he might have an impartial trial, removed from local influence, the case was sent to Bell County. The jury assessed the death penalty, and from the evidence as I found it to be, any other verdict would have been a travesty on justice. No sooner was the verdict of guilty rendered than there was begun by men and women, among them the very best citizens of Bell County and the equal of those of any other county, a campaign closely resembling hero-worship of the convicted murderer. Eighty per cent of the voting strength of Bell County protested to me against the punishment assessed against him. Reports stated that admiring hands brought to his cell the delicacies of life, flowers were strewn for him to walk on to the scaffold and fair women coveted the privilege of holding his hands while the black cap was being adjusted.‡ By public contributions a costly casket was purchased and flowers were piled high above his grave, even as the grave of one who had fallen in defense of his country. The murderer was praised as a hero and the Governor who refused to set aside the verdict of the Court of Appeals, all declaring him guilty, was held up to scorn and ridicule.
To these more than seven thousand petitioners I made no apology then and I make none now. In the administration of the law, I am for the courthouse, its judgments and its decrees. It is the one tribunal whose sole function is to make life sacred and property secure. It is the outgrowth of the centuries, the ripened product of civilization. When people ignore the courthouse and defy the law, they are blasting with the dynamite of destruction at the very foundation of their government. Without the courthouse the weak would be made to surrender to the strong. I am for the courthouse and against the mob. If civilization is worth preserving on the battlefield when war shakes her bristling bayonets, it is worth maintaining in the courthouse, where justice, when properly supported, holds forth her delicately balanced scales. In this deluge of lawlessness and disrespect for governmental authority which has submerged the State, the courthouse will prove to be the Mount Ararat upon which the ark of the law must finally rest, to send forth the dove of peace and civilization.
Hornsby’s Ararat was the gallows. He went calmly, with a short address reiterating his innocence.
People, I don’t know many of you, but lots of you know me. People, I stand before you a saved man. I accepted Christ as my personal Savior. I am going to leave you people, but I am going to a better land. I am going to where we will all be treated alike. We will all be charged alike, and I want to tell you people I am going as an innocent man.
I have lived a sinful life, but I have not committed any murder, so help me God. (New Orleans Times-Picayune, April 15, 1922)
A crowd estimated at three to four thousand turned up for Hornsby’s funeral.
The next year, state Senator J.W. Thomas from the little Bell County town of Rogers sponsored the legislation that would centralize all Texas executions (formerly conducted, as was Hornsby’s, by local authorities) in Huntsville.
* Here are two interesting facts about George Hornsby: first, he went by “George Scott” in Brownwood before all the trouble, since he was trying to distance himself from a dishonorable army discharge; second, his search results are complicated by his case unfolding during the simultaneous emergence of baseball great Rogers Hornsby.
** Some of it is discussed in Hornsby’s (unfavorable) appellate ruling, here.
† Sign of the times: after Carter’s first recantation — before he recanted the recantation — Hornsby was moved from the Bell county jail as “a precautionary measure owing to reports that efforts to bring about a commutation of sentence were distasteful to friends of Weatherby.” (Wire report in the Portland (Ore.) Oregonian, Aprkl 2, 1922.)
The Ku Klux Klan enjoyed a major revival in Texas during the 1920s.
‡ Actually, a high wooden palisade shielded Hornsby from public view of the flower-strewing masses. A Mrs. Bennett Smith of Temple, Texas, who helped lead the clemency campaign did offer to stand on the scaffold with Hornsby, but Hornsby seems to have declined the favor.
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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,Texas,Theft,USA,Wrongful Executions
Tags: 1920s, 1922, belton, brownwood, george hornsby, j.w. thomas, pat neff
April 13th, 2014
(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)
On this day in 1923, Paul V. Hadley was executed for murder in Arizona.
His story, however, actually begins on March 20, 1916, when Paul Hadley and his wife Ida Lee — fugitives from Beaumont, Texas on an assault with intent to commit murder charge — were taken into custody in Kansas City, Missouri. He was running a movie theater by then, living under an alias.
Hadley seemed resigned to his fate after his arrest, and didn’t fight extradition. Sheriff W.J. “Jake” Giles was charged with transporting the fugitive and his wife back to Texas on a train. (Ida wasn’t facing any charges and was accompanying her husband at her own request. They said she could come if she paid for her own ticket.)
Sheriff Giles had known the Hadleys for years. He trusted them and didn’t bother to search Ida, and at some point during the ride he removed Paul’s handcuffs. He paid for his negligence with his life: just before the train entered Checotah, Oklahoma, Ida retrieved a gun she’d hidden in the women’s toilet and shot the sheriff in the back of the head. He died within minutes, leaving nine children orphaned.
Paul took the dead man’s gun and used it to persuade the engine driver to stop the train. He and Ida jumped off and disappeared.
The pair were arrested by a posse the next day, however, and charged with Sheriff Giles’s murder. Ida was judged insane, but she wanted to share her husband’s fate and insisted on pleading guilty to a conspiracy charge, so she got sent to prison for ten years rather than to a mental hospital.
Paul was sentenced to life in prison. He appealed his conviction, but the verdict was upheld in 1918.
But Paul found another way to get out of the pen: in 1919, he persuaded the state of Oklahoma to furlough him for a sixty-day period. Accounts vary as to the reason why; it may have been so he could visit his dying mother, or it may have been because he’d invented some gadget and needed to find investors for it.
Either way, it seems that, as long as he pinky-swore he would come back, the prison authorities had no trouble granting a leave to a cop-killer with a history of escaping from custody.
You’ll be shocked to hear that Paul Hadley didn’t turn up for re-incarceration. By the time the police went looking for him, the trail was two months’ cold. Hadley was gone.
By November 1921, he was going by the name William S. Estaever and hitchhiking his way west. In Denver, Colorado he got picked up by an elderly married couple named Peter and Anna Johnson, who were driving to California. Southwest of Tucson, Arizona, Hadley pulled a gun on Peter Johnson and forced him to pull over.
He ordered the couple out of the car and shot them, killing Anna instantly and seriously wounding her husband.
Leaving Peter for dead on the roadside, Hadley took their car and drove on. The vehicle broke down, however, and as he was hoofing it to Yuma, Arizona, he was arrested. He was still carrying the murder weapon, a .32 caliber Mauser pistol.
One A.J. Eddy matched the Mauser with bullets taken from the victims’ bodies and shell casings found in their car. The defense moved to strike his testimony on the grounds that Eddy was “not an expert.” He was a lawyer by trade and his research into the area of bullet identification was only as a sideline. The judge decided, however, to grant Eddy “semi-expert” status: good enough to present his evidence in court.
Hadley claimed he and the Johnsons had been attacked by a gang of bandits and he had returned their fire, but Peter Johnson recovered from his injuries and testified against him at the trial.
The first jury was unable to reach a verdict. Hadley was convicted after a second trial, however, and sentenced to death. It was only then that authorities realized the criminal William Estaever was the fugitive from Oklahoma Paul Hadley.
Estaever/Hadley’s conviction was appealed all the way up to the Arizona Supreme Court, with his appeals attorney arguing Eddy’s testimony should never been allowed into evidence. The court upheld the conviction, however, in a historic ruling: this was the first time a state supreme court had recognized ballistics evidence as valid and admissible.
The day before his death, Hadley was baptized by the Reverend J.W. Henderson and the prison doctor, James Hunter, who was a former minister. Dr. Hunter remained with Hadley the whole night and the condemned man slept fitfully and spent a long time praying and singing hymns.
He refused a final meal early that morning and calmly walked to the scaffold after the warden read the death warrant at 5:00 a.m.
His last words were, “I am innocent and ready to meet my death.” The trap sprung at 5:10 and Hadley pronounced dead five minutes later. Nobody claimed the body and so it was deposited in the prison cemetery.
As for Ida Hadley: Paul never tried to get in touch with her in the two years of his extended release from prison in Oklahoma. She remained his dutiful wife, however, and when she found out he had been convicted of murder in Arizona and sentenced to death, she begged the Oklahoma governor to pardon her so she could be with him in his last days.
She got her pardon on July 22, 1922 and went immediately to her husband’s side so she could help with his appeal. A week after Paul’s execution, the widow Hadley married Jack Daugherty of Wichita Falls, Texas. She enjoyed her second marriage for less than a year, however: Ida Lee Hadley Daugherty died on March 21, 1924.
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Entry Filed under: 20th Century,Arizona,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,History,Murder,Other Voices,USA
Tags: 1920s, 1923, april 13, paul hadley
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 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.
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 was 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.
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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
March 31st, 2014
The Truk Atoll, in Micronesia, is more commonly known today as Chuuk. It’s a hot diving location notable for the many sunken World War II Japanese hulks to be explored there — the legacy of its once-pivotal position in the Pacific War.
Japan used Truk as forward naval base in the South Pacific, and armored up its little islands like an armadillo.
Rather than capture it outright, the U.S. Navy bombed Truk right out of the war in February 1944, leaving that enormous warship graveyard and a stranded stronghold of starving soldiers who were left to wither on the vine. At war’s end, it was just a matter of circling back to collect 50,000 surrenders.
Unfortunately, the castaway Truk garrison did not pass the last months of the war with sufficient care for its foreseeable postwar situation.
According to testimony given the postwar Guam war crimes tribunal, 10 American prisoners were murdered on Truk in 1944 “through injections, dynamiting, tourniquet applications, strangling and spearing.” (Source) Hiroshi Iwanami was executed for these gruesome experiments/murders in January of 1949.
Ueno, a lieutenant surgical commander, hanged for two other killings that read quite a bit murkier.
Five American POWs were being held in a temporary stockade that was hit by an American bombing raid in June 1944 — killing three of those prisoners.
The surviving two were severely injured, eventually leading Dr. Ueno on June 20, 1944, to perform what he characterized as a legitimate exploratory surgery on one of those men. His prosecutors framed it instead as a fiendishly gratuitous vivisection.
During that procedure, an order arrived for the execution of both the prisoners. The other guy, the one Dr. Ueno wasn’t operating upon, he never had in his care at all; that unfortunate fellow ended up being bayoneted to death. The man on the table (both men’s names were unknown to the prosecuting court) Dr. Ueno stitched back together well enough that subalterns could stretcher him out to a swamp and chop off his head.
Here’s the difficult part: Ueno actually gave the immediate order to execute his ex-patient.
As described in the National Archives’ Navy JAG Case Files of Pacific Area War Crimes Trials, 1944-1949, the physician’s barrister mounted a quixotic philosophical defense of this deeply indefensible order, noting the principled acceptability of euthanasia in Japanese hospitals (so he said), the inevitability of the prisoner’s approaching execution via superior orders, and the agony the man was already in from his wounds.
[Dr. Ueno] had expected that some other person would dispose of this prisoner. But he could not find anyone who looked like the person to carry this out … the thought dominated his mind that all hope is lost to save this prisoner. His fater has been determined. Yet the prisoner is in pain …
He was faced with the predicament of killing by his order the prisoner which he had treated as hiw [sic] own patient. What sarcastic fate was this that he had to face? As the Napoleon, described by George Bernard SHAW, and as McBeth [sic] described by William SHAKESPEARE, the accused, UENO was also “a man of destiny.”
A certain English poet wrote, “Life protracted is protracted woe.” If the life of the prisoner in the present case was protracted one second, he would have so much more suffering to endure. Should it be condemed [sic] so severely to shorten one’s life under such circumstances and shorten his last woe in this world?
There were in all either 10 or 13 official executions of Japanese war criminals on Guam from 1947 to 1949. It’s devilishly difficult to find those 13 enumerated by name and date, but it appears to me that Truk and his boss Admiral Shimpei Asano were the very last to achieve that distinction.**
The readable little history on Truk island and the U.S. Navy operations against it, Ghost fleet of the Truk Lagoon, Japanese mandated islands”, captures the scene.
Shortly after eight o’clock on the humid, tropical evening of March 31, 1949, according to War Department Pamphlet #27-4 Procedure For Military Executions, the 5’6″ Japanese surgeon with extremely strong neck muscles was escorted up the nine steps to the gallows. The handcuffs were removed by a Marine guard and a strap placed to secure his arms to his side and another placed around his legs. A black hood was placed over his head and at 8:26 p.m. the floor panel on which he was standing fell from under his feet and Ueno dropped 94 inches to eternity. He was the last to die, as Rear Admiral Shimpei Asano* had preceded him only moments before. Under the dubious honor that rank has its privileges — the Admiral went first.
* Executed for these same two murders on Truk, as well as two other POWs killed at Kwajalein, in the nearby Marshall Islands.
** Angered by Naval administration of the island, Guam’s Congress had staged a walkout earlier in March 1949. This action did successfully force an end to Naval government.
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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Doctors,Execution,Guam,Hanged,History,Japan,Micronesia (FSM),Milestones,Murder,Occupation and Colonialism,Soldiers,U.S. Military,USA,War Crimes
Tags: 1940s, 1949, chisato ueno, chuuk, march 31, truk, world war ii
March 28th, 2014
In 1954, the Dexter Avenue Baptist Church in Montgomery, Alabama hired as its pastor a 25-year-old fresh out of Boston University’s doctoral program.
In his memoir, Dr. Martin Luther King, Jr. remembered his entry to civil rights activism in Montgomery. One of his first steps was setting up a Social and Political Action Committee for his church, prominently emphasizing voter registration.
But his next engaged a major death penalty case that haunted Montgomery throughout the 1950s.
After having started the program of the church on its way, I joined the local branch of the NAACP and began to take an active interest in implementing its program in the community itself. Besides raising money through my church, I made several speeches for the NAACP in Montgomery and elsewhere. Less than a year after I joined the branch I was elected to the executive committee. By attending most of the monthly meetings I was brought face to face with some of the racial problems that plagued the community, especially those involving the courts.
Before my arrival in Montgomery, and for several years after, most of the NAACP’s energies and funds were devoted to the defense of Jeremiah Reeves. Reeves, a drummer in a Negro band, had been arrested at the age of sixteen, accused of raping a white woman. One of the authorities had led him to the death chamber, threatening that if he did not confess at once he would burn there later. His confession, extracted under this duress, was later retracted, and for the remaining seven years that his case, and his life, dragged on, he continued to deny not only the charge of rape but the accusation of having had sexual relations at all with his white accuser.
The NAACP hired the lawyers and raised the money for Reeve’s defense. In the local court he was found guilty and condemned to death. The conviction was upheld in a series of appeals through the Alabama courts. The case was appealed to the United States Supreme Court on two occasions. The first time, the Court reversed the decision and turned it back to thes tate supreme court for rehearing. The second time, the United States Supreme Court agreed to hear the case but later dismissed it, thus leaving the Alabama court free to electrocute. After the failure of a final appeal to the governor to commute the sentence, the police officials kept their promise. On March 28, 1958, Reeves was electrocuted.
The Reeves case was typical of the unequal justice of Southern courts. In the years that he sat in jail, several white men in Alabama had also been charged with rape; but their accusers were Negro girls. They were seldom arrested; if arrested, they were soon released by the grand jury; none was ever brought to trial. For good reason the Negroes of the South had learned to fear and mistrust the white man’s justice.
-Stride Toward Freedom: The Montgomery Story
Reeves’s plight struck much closer to home for Claudette Colvin.
A Montgomery native, she was a classmate of Reeves at Montgomery’s segregated Booker T. Washington High School.
On March 2, 1955, Colvin boarded a city bus in front of King’s church on her way back from school, and plopped herself down in the middle of it. As the bus meandered on its route, it began to fill up. Montgomery’s segregated-bus rules at the time reserved a few rows up front for whites, and opened the middle rows for blacks … but only until the white rows overflowed, at which point black riders in the midsection were expected to give up their seats.
Colvin refused to do it.
She furiously argued with the police summoned by the bus driver, invoking her constitutional rights.
When they arrested her, she didn’t do nonviolent resistance: she fought back.
“I was really struggling,” she said in Ellen Levin’s Freedom’s Children: Young Civil Rights Activists Tell Their Own Stories.
“Other kids got home and told Mama what happened,” Colvin remembered. “She already knew how hurt I was about Jeremiah Reeves. She knew this wasn’t a one-day thing. This was a rebellious time that started with Jeremiah … I just couldn’t get over Jeremiah being framed.”
Colvin’s spur-of-the-moment act of civil disobedience predated the more famous refusal of Rosa Parks by nine months. (Colvin’s parents knew Rosa Parks, and Parks was an advisor to the NAACP Youth Council, which Colvin was involved in.)
Montgomery civil rights leaders were already looking for a test case to mount a challenge against Montgomery buses’ racial ridership rules. Colvin was considered for the part, but ultimately Montgomery’s leaders took a pass on the case: she was an angry teenager, very dark-skinned, and from a working-class family; moreover, she soon became pregnant by an older, married man whom Colvin refused to name. Nevertheless, her name, and her act, became well-known in Montgomery and nationwide. The first pamphlets about Parks’s arrest reference Colvin as the well-known precedent.
Rosa Parks, a dignified and nonviolent matron, was eventually judged the palatable public figurehead to rally behind. Days after Parks’s December 1, 1955 arrest,* the Montgomery Improvement Association — with King at its head — mounted its famous bus boycott. Parks is the name everyone knows … but Colvin was the first.
And Colvin was one of four plaintiffs in the federal suit that forced desegregation in Montgomery.
Claudette Colvin’s refusenik notoriety made it so difficult for her to work in Montgomery that she moved to New York in 1958 — the same year her schoolmate was finally electrocuted for that supposed rape.
Days after Reeves died in Alabama’s electric chair, an Easter rally assembled on the lawn of that state’s capitol building to protest the execution — and gird for the struggles still to come.
We assemble here this afternoon on the steps of this beautiful capitol building in an act of public repentance for our community for committing a tragic and unsavory injustice. A young man, Jeremiah Reeves, who was little more than a child when he was first arrested, died in the electric chair for the charge of rape. Whether or not he was guilty of this crime is a question that none of us can answer. But the issue before us now is not the innocence or guilt of Jeremiah Reeves. Even if he were guilty, it is the severity and inequality of the penalty that constitutes the injustice. Full grown white men committing comparable crimes against Negro girls are rare ever punished, and are never given the death penalty or even a life sentence. It was the severity of Jeremiah Reeves’s penalty that aroused the Negro community, not the question of his guilt or innocence.
But not only are we here to repent for the sin committed against Jeremiah Reeves, but we are also here to repent for the constant miscarriage of justice that we confront every day in our courts. The death of Jeremiah Reeves is only the precipitating factor for our protest, not the causal factor. The causal factor lies deep down in the dark and dreary past of our oppression. The death of Jeremiah Reeves is but one incident, yes a tragic incident, in the long and desolate night of our court injustice.
Let us go away devoid of biterness, and with the conviction that unearned suffering is redemptive. I hope that in recognizing the necessity for struggle and suffering, we will make of it a virtue. If only to save ourselves from bitterness, we need vision to see the ordeals of this generation as the opportunity to transfigure ourselves and American society … Truth may be crucified and justice buried, but one day they will rise again. We must live and face death if necessary with that hope.
-Martin Luther King, ““Statement Delivered at the Prayer Pilgrimage Protesting the Electrocution of Jeremiah Reeves” (pdf transcription)
* Parks would say that she had been thinking on the occasion of her refusal of that summer’s murder of Emmett Till in Mississippi.
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Entry Filed under: 20th Century,Alabama,Capital Punishment,Children,Common Criminals,Death Penalty,Disfavored Minorities,Electrocuted,Execution,History,Racial and Ethnic Minorities,Rape,USA,Wrongful Executions
Tags: 1950s, 1958, civil rights, claudette colvin, jeremiah reeves, march 28, martin luther king jr., montgomery, montgomery bus boycott, racism, rosa parks