We ask you how the Muscogee Nation came by this country? You came from the west and took the country from another people who were in possession. After living here a great many years, the people from over the big waters came in large vessels and took some of the country from you and set up their own government, and made laws, & made you obey them …
you must be sensible that it will be impossible for you to remain, for any length of time, in your present situation, as a distinct society or nation, within the limits of Georgia, or any other State. Such a community is incompatible with our system, and must yield to it. This truth is too striking and obvious not to be seen by all of you, surrounded as you are by the people of the several States. You must either cease to be a distinct community, and become, at no distant period, a part of the State within whose limits you are, or remove beyond the limits of any State …
Brothers, we now tell you, what we, in the name of your Father the President, want you to do. We want the country you now occupy. It is within the limits of Georgia and Alabama. These States insist upon having their lines cleared. The President will do this by giving you a better country, and will aid you in removing; protect you where you may go, against whites and all others, and give you a solemn guaranty in the title and occupancy of the new country which you may select … By deciding for yourselves, it may prevent others from deciding for you.
Brothers, you have been deceived. A snake has been coiled in the shade, and you are running into his mouth … drunk with the fire of the pale-face. Brothers, the hunting grounds of our fathers have been stolen by our chief and sold to the pale-face, whose gold is in his pouch. Brothers, our grounds are gone, and the plow of the pale-face will soon upturn the bones of our fathers. Brothers, are you tame? Will you submit?
Jackson himself had tangled with the Creek during his career-making appearance as America’s up-and-coming caudillo in the War of 1812: the eponymous Fort Jackson in Alabama was the base from which the Tennessee militia captain had defeated rebellious natives in the 1813-1814 Creek War and forced upon them the Treaty of Fort Jackson.* “Numberless aggressions,” read that document, “had been committed [by the Creeks] against the peace, the property, and the lives of citizens of the United States.”
So small wonder that as President, Old Hickory — for whom Indian Removal was a signature policy — had no time for Creek appeals to Washington to uphold their treaty rights in Alabama and Georgia. Their defeat in 1814 had left the Creek polity a powerless dependency, whose rights and even survival extended precisely so far as the American government wished. With the shrunken remnant** of their ancestral lands increasingly sought by white settlers, all the pressure within Anglo America ran towards the ethnic cleansing option.
“Voluntary” emigration under steady white pressure gnawed away at Creek numbers in the Southeast for a decade or more preceding the events of this post, but there was always going to be a militant slice of the population for whom no inducement short of violence would suffice. In 1836, land incursions finally triggered a Creek revolt, and became the Second Creek War — Jackson’s justification at last for completing the long-sought elimination of the Creek in the East.†
“The Creek Indians, below the Federal Road, are all in arms and killing every white person they have fallen in with,” ran the May 12, 1836 Macon Messenger. Everything was in “confusion and disarray” — the fleeting advantage of initiative while Anglos mustered an overwhelming response.
Attacks on stagecoaches this same month “created a greater sensation throughout the country than any previous act of Indian hostility,” per this public domain history of Columbus, Ga. (The town abuts the Alabama border.)
Two stages carrying the United States mail, going from Columbus to Tuskegee, Ala., were attacked about eighteen miles from Columbus. The Indians killed Mr. Green, one of the drivers, and two horses, and robbed the mail. The next day a party of fifteen men started to come through to Columbus with two stages. Some of these men were passengers and others volunteers who accompanied the stages to assist in their protection.
It was for this raid that claimed Green’s life that Tuscoona Fixico and four others — never named in any source I have been able to find — were condemned to hang on Nov. 25, alongside a man named Chilancha for the unrelated killing of a man named Fannin during the uprising.
The Second Creek War went much the same way as the first, and proved those American diplomats prescient as to the inevitability of the conquered peoples’ fate. Today, the Poarch Creek — numbering barely 2,000 — are the only remaining band of Muscogee Creek in Alabama.
** In one vain bid to stanch the loss of Creek territory, the tribe — incensed by the Treaty of Indian Springs — had in 1821 enacted capital punishment for anyone who sold land to whites. It was on the strength of this statute that Creek assassins murdered/executed the collaborationist chief William McIntosh in 1825.
On this date in 1834, the Cherokee James Graves was hanged in Spring Place, Georgia, for murder. He’s the only person ever executed in Georgia’s Murray County.
But he was also a sad waymarker on the way to a much larger tragedy.
It happened that in 1834 the state of Georgia’s long-simmering conflict with the indigenous Cherokee nation was coming to a nasty head. In the infancy of the American Republic, it had made a pact placing the Cherokee under the protection of the United States.
By the 1820s, however, Cherokee land had been nibbled away and the white citizens of Georgia started clamoring for a proper ethnic cleansing: forcibly expelling the Cherokee to the western frontier.
The immediate territorial conflict became joined to a conflict over federal jurisdiction, because the Cherokee had their treaty with the United States (not with Georgia) and its terms were supposed to be guaranteed by Washington (not Milledgeville). As the Georgia legislature enacted laws stripping the Cherokee of land and self-rule, the Cherokee appealed in federal courts.
The Cherokee notched a major win in the 1832 Worcester v. Georgia, when the U.S. Supreme Court held that Indian affairs were the domain of the federal government and individual states had nothing to say in the matter.
But to give a sense of where the wind was blowing, this is the very decision about which U.S. President (and notorious Indian-killer) Andrew Jackson is supposed to have remarked, “John Marshall has made his decision; now let him enforce it.” The quote itself is probably apocryphal but the atmosphere of lawless confrontation was very real indeed.
James Graves was convicted by a Georgia jury in September 1834 of murdering a white man several years prior on Indian land … or rather, on what Georgia said was now no longer Indian land.
The Supreme Court directed Georgia to stay the hanging and appear at a January 1835 hearing.
Governor William Lumpkin* would have none of it. Grandstanding in a communique to an all but universally supportive legislature, he vowed to ignore the court’s order.
Any attempt to infringe the evident rights of the State, to govern its entire population, of whatever complexion, and punish all offences committed against its laws within those limits … I consider a direct usurpation of power. … Such attempts demand the determined resistance of the States … I shall wholly disregard all such unconstitutional requisitions, of whatever character or origin, and, to the utmost of my power, protect and defend the rights of the State, and use the means afforded me to maintain the laws and Constitution of the same. (Nov. 7, 1834)
Two weeks later, Georgia hung James Graves, stay or no stay. There would be no hearing in Washington that January.
“What is to be done with Georgia?” lamented the Nantucket Inquirer (Dec. 13, 1834). “Will another presidential proclamation, full of big words and bombastic threats, be issued against her, for having nullified the U.S. claim of sovereignty over the Indians, and for having hanged the copper-skinned citizen Graves, in defiance of the interdict of one of Gen. Jackson’s judges?”
* Lumpkin County, Georgia is named for him. That’s not too shabby, but he almost hit big-time when the city of Terminus proposed to rename itself Lumpkin. Lumpkin declined and the city is today known as Atlanta.
** Georgia conducted another execution, that of George Tassels, under similarly contested circumstances a few years before Graves.
On this date in 1829, the Kentucky town of Greenup strung up martyrs to the slave economy.
Our incident begins with a slaver by the name of Gordon who, with the aid of two assistants, was driving 60 blacks “including all sexes and ages” from the flesh markets of Maryland where he bought them west to the Mississippi — likely there to be “sold down the river” into barges bound for still harsher bondage deeper South. Melancholy slave coffles* like this one crisscrossed Kentucky’s highways routinely, columns of chattel lashed two by two to a long chain with a wagon train of provisions alongside. (Source) The awful migrations peaked in the summer months — timed to cotton plantations’ coming labor demands for the autumn harvest.
Despite the frequency and visibility of these transits, Kentucky remained an uneasy northern frontier of the Slave Power; in the coming Civil War it would become a literal battleground claimed by both North and South. Greenup was a river town, and just across the river lay Ohio, an abolitionist state. Kentucky’s proximity to free soil had invited bloody slave revolts in the past; here, the North-South nexus also helped to propagate the story of the Greenup incident.
An editor in nearbyPortsmouth, Ohio, which was not merely free territory but a hub of the Underground Railroad, ran a story that soon volleyed around the Republic as newspaper after neighboring newspaper reprinted the remarkable bulletin copied ultimately from Portsmouth’s Western Tiller. This version of it (with line breaks added for readability) comes from the New-Hampshire Sentinel of Sept. 18, 1829. It’s verbatim from what the Western Tiller had reported almost a month before.
Affray and Murder!
A most shocking outrage was committed in Kentucky, about eight miles from this place, on the 14th inst. [14th of August, 1829] A negro driver, by the name of Gordon, who had purchased in Maryland about 60 negroes, including all sexes and ages, was taking them, assisted by an associated named Allen, and the wagoner who conveyed the baggage, to the Mississippi.
The men were handcuffed and chained together in the usual manner for driving those poor wretches, while the women and children were suffered to proceed without incumbrance.
It appears that, by means of a file, the negroes, unobserved, had succeeded in separating the irons which bound their hands, in such a way as to be able to throw them off at any moment. About eight o’clock in the morning, while proceeding on the state road leading from Greenup to Vanceburg, two of them dropped their shackles and commenced a fight, when the wagoner, Petit, rushed in with his whip to compel them to desist. At this moment every negro was found perfectly at liberty; and one of them seizing a club, gave Petit a violent blow on the head, and laid him dead at his feet; and Allen, who had come to his assistance, met a similar fate, from the contents of a pistol fired by another of the gang.
Gordon was then attacked, seized and held by one of the negroes, whilst another fired twice at him with a pistol, the ball of which each time grazed his head, but not proving effectual, he was beaten with clubs and left for dead.
They then commenced pillaging the wagon, and with an axe split open the trunk of Gordon, rifled it of the money, about $2,400, sixteen of the negroes then took to the woods.
Gordon in the mean time, not being materially injured, was enabled by the assistance of one of the [slave] women, to mount his horse and flee; pursued however, by one of the gang, on another horse, with a drawn pistol. Fortunately he escaped with his life, barely arriving at a plantation as the negro came in sight; who then turned about and retreated.
The neighborhood was immediately rallied, and a hot pursuit given — which we understand has resulted in the capture of the whole gang, and the recovery of the greater part of the money.
Seven of the negro men and women, it is said, were engaged in the murders, and will be brought to trial at the next court in Greenupsburg.
There are various reports afoot of the precise number of hangings effected on this date. The Espy file offers five names, but the newspapers of the time give it as four — as in this version from the Essex Gazette of Haverhill, Mass. (Jan. 2, 1830), which is likewise an nth-generation copy of the Western Times‘s initial reportage. The doomed men, that paper remarked, “all maintained to the last, the utmost firmness and resignation to their fate”; in spite of the predictably harsh punishment, it is interesting that they were allowed that traditional privilege of the condemned to expostulate under their hanging-nooses, even here to the point of vindicating the justice of their rebellion which would really have been tantamount to inciting other slaves to follow their example too.**
They severally addressed the assembled multitude, in which they attempted to justify the deed they had committed, on the principle acknowledged by all wise men,
That it is lawful in the sight of God and a principle implanted in the breast of every man by nature, to fight for freedom, and slay the tyrant who dares to deprive them of it.
This only they had done, and having failed to accomplish the sole object for which they slew their merciless oppressors, traffickers in human flesh, it remained for them to pay the forfeit of that failure with their lives.
One of them while standing upon the cart, just ready to be launched into eternity, exclaimed, several times — “Death! — Death, any time, in preference to slavery!”
During the whole time they stood under the gallows, not a joint was seen to tremble, nor a sigh heard to escape from them.
David Walker, a free-born North Carolina black man who moved to Boston and became a prominent abolitionist, dwells at some length on the story in his magnum opus, Walker’s Appeal. Directed at his African-American fellows, the Appeal here does not pause to justify the self-evident righteousness of slaves revolting against their captors — instead, it addresses the putatively “humane” action of the enslaved woman, who in Walker’s estimation in effect props up slavery as a whole when she rescues the near-murdered slaver Gordon. Indeed, while the sketchy information that survives about this failed revolt does not offer us the particulars of what unfolded in the hours immediately following the slaves’ breakout, the proximity of potential refuge across the sectional border invites one to wonder whether that ounce of compassion was not the difference preventing the slaves from reaching the Ohio River. Walker, at any rate, has no patience for sentiment in this instance.
Here a notorious wretch, with two other confederates had SIXTY of them in a gang, driving them like brutes … [until] by the help of God [the slaves] got their chains and hand-cuffs thrown off, and caught two of the wretches and put them to death, and beat the other until they thought he was dead, and left him for dead; however, he deceived them, and rising from the ground, this servile woman helped him upon his horse, and he made his escape.
Brethren, what do you think of this? Was it the natural fine feelings of this woman, to save such a wretch alive? I know that the blacks, take them half enlightened and ignorant, are more humane and merciful than the most enlightened and refined European that can be found in all the earth … there is a solemn awe in the hearts of the blacks, as it respects murdering men: whereas the whites, (though they are great cowards) where they have the advantage, or think that there are any prospects of getting it, they murder all before them, in order to subject men to wretchedness and degradation under them. This is the natural result of pride and avarice.
But I declare, the actions of this black woman are really insupportable. For my own part, I cannot think it was any thing but servile deceit, combined with the most gross ignorance: for we must remember that humanity, kindness and the fear of the Lord, does not consist in protecting devils. Here is a set of wretches, who had SIXTY of them in a gang, driving them around the country like brutes, to dig up gold and silver for them, (which they will get enough of yet.) Should the lives of such creatures be spared? Are God and Mammon in league? … Any person who will save such wretches from destruction, is fighting against the Lord, and will receive his just recompense. The black men acted like blockheads. Why did they not make sure of the wretch? He would have made sure of them, if he could.
Walker died suddenly of tuberculosis a few months after his Appeal hit print. As he forecast elsewhere in that same document, his widow received scant indulgence on her mortgage debt once the husband was out of the picture and the white real estate mogul George Parkman soon compounded the woman’s grief by throwing her out of the house. It was one of the countless little coldnesses Parkman inflicted en route to stacking up his own fortune … and to his years-later star turn as the victim of one of Harvard University’s most sensational murder trials.
* The witness who described this earlier 1822 scene of a 40-strong slave coffle marching perversely under the stars and stripes quotes an apt stanza from popular 18th century poet William Cowper, an ardent hater of slavery:
Ah! me, what wish can prosper, or what prayer,
For merchants rich in cargoes of despair?
Who drive a loathsome traffic, gauge and span,
And buy the muscles and the bones of man!
** Perhaps matters would have been handled differently a couple of years later, after Nat Turner‘s rebellion scared the pantaloons off slaveowners.
(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.)
I then went to Boston, and got in company with one John Sullivan … we went to Winter’s-Hill, and there robbed one Mr. Baldwin, for which crime Sullivan and myself are to suffer Death, as being the just reward of our demerits.
— Richard Barrick, convicted of highway robbery and murder, hanging, Massacusetts. Executed November 18, 1784
Richard Barrick was born in Ireland in February 1763 and brought up in the Foundling Hospital. He was an apprentice to a silk-weaver and lived with him for three years. But during those years, he was treated poorly and so he eventually left the silk-weaver and joined a gang of thieves. When he was caught, the authorities agreed to pardon him if he entered on board one of his Majesty’s ships. After arriving in New York, Barrick and some others robbed many people and became a notorious and wanted man. He was an accomplice to murder of a man they first robbed. He was eventually caught by a British Colonel and convicted.
On this date in 1813, 19-year-old Ezra Hutchinson was hanged in the western Massachusetts village of Lenox for raping a 14-year-old named Lucy Bates.
Hutchinson passed the girl by (mis)chance on the road on his way home, and arriving there reflected what an inviting target she made — so he turned and followed her path into the wilderness until he overtook her.
Reproduced here is the pamphlet issued over his signature on the day of his execution with the informative title, “The solemn address and dying advice of Ezra Hutchinson: who was executed at Lenox, Mass. November 18, 1813, for a rape on the body of Miss Lucy Bates.” In it, we find a mostly penitent Hutchinson, who owns and laments his adolescent lewdness, still bold enough to “forgive” his victim her testimony against him. A footnote by the pamphlet’s editor explains:
for several weeks previous to his execution, he was uniform in declaring, that he supposed the girl had really consented to what was done. The girl in her testimony had said that having resisted to the utmost of her power, until her strength failed, she finally, through weariness and fright, sank almost lifeless to the ground. Here is an apparent contradiction; but it is easily reconciled in the eye of charity, by supposing, that when she fainted, and ceased any longer to resist, he honestly thought that she yielded her consent, though in truth she did not.
(As this blog has often enough bestowed its disdain on Puritan holy roller Cotton Mather, one of the never-apologetic architects of the Salem witch trials, we thought it only fair to permit the man to vindicate himself in his own words. What follows his Mather’s own accounting of the sermon he thundered in Boston at an unreceptive infanticide known only as Sarah. The text — presented with only some slight tidying and added line breaks — derives from Mather’s own histories, here and here. -ed.)
On November 17, 1698. There was executed in Boston, a miserable Young Woman, whose Extraordinary circumstances rung throughout all New England.
On this Day of her Execution, was Preached the Sermon: Because the last passage of that Sermon, gave a summary Narrative, of what it is fit the publick should know concerning that Criminal, I have Transferr’d them, into this place. The Sermon Concluded in these words.
Be astonished, O Congregation of God; Stand astonished, at the Horrible Spectacle, that is now before You: This House, and perhaps this Land, never had in it a more Astonishing Spectacle.
Behold, a Young Woman, but an Old Sinner, going this Day to Dy before her time, for being Wicked over much! Behold, One just Nineteen Years Old, and yet found Ripe for the Vengeance of a Capital Execution. Ah, Miserable Soul, With what a swift progress of Sin and Folly, hast thou made Hast unto the Congregation of the Dead!
Behold a Person, whose Unchast Conversation appear’d by one Base Born Child many months ago! God then gave her a Space to Repent, and she repented not: She repeated her Whoredomes, and by an Infatuation from God upon her, She so managed the matter of her next Base Born, that she is found Guilty of its Murder: Thus the God, whose Eyes are like a Flame of Fire, is now casting her Page into a Bed of Burning Tribulation: And, ah, Lord, Where wilt thou cast those that have committed Adultery with her, Except they Repent! Since her Imprisonment, She hath Declared, That she believes, God hath left her unto this Undoing Wickedness, partly for her staying so profanely at Home sometimes on Lords-Dayes, when she should have been Hearing the Word of Chirst, and much more for her not minding that Word, when she heard it.
And she has Confessed, That she was much given to Rash Wishes, in her Mad Passions, particularly using often that ill Form of speaking, “He be Hang’d,” if a thing be not thus or so, and, “I’ll be Hanged,” if I do not this or that; which Evil now, to see it, coming upon her, it amazes her! But the chief Sin, of which this Chief of Sinners, now cries out, is, Her Undutiful Carriage towards her Parents. Her Language and her Carriage towards her Parents, was indeed such that they hardly Durst speak to her; but when they Durst, they often told her, It would come to This. They indeed, with Bleeding Hearts, have now Forgiven thy Rebellions; Ah, Sarah, mayst thou Cry unto the God of Heaven to Forgive Thee! But under all the doleful circumstances of her Imprisonment, and her Impiety, she has been given over, to be a prodigy of still more Impenitent Impiety.
A Little before her Condemnation, she Renewed the Crimes of her Unchastity: she gave her self up to the Filthy Debauches, of a Villain, that was her Fellow-Prisoner; and after her Condemnation, her Falshoods, and her Furies have been such, as to proclaim, That under Condemnation she has not Feared God. Was there ever seen such an Heighth of Wickedness? God seems to have Hanged her up in Chains, for all the Young People in the Countrey, to see, what prodigies of Sin and Wrath it may render them, if once they Sell themselves thereunto. Behold, O Young People, what it is to Vex the Holy Spirit of God, by Rebelling against Him. This, This ’tis to be Given over of God! And yet after all this Hard-hearted Wickedness, is it not possible, for the Grace of Heaven to be Triumphantly Victorious, in Converting and Pardoning so Unparallel’d a Criminal? Be astonished, Miserable Sarah, and Let it now break that Stony heart of thine, to Hear it; It is possible! It is possible! But, O thou Almighty Spirit of Grace, do thou graciously Touch, and Melt this Obstinate Soul, and once at last, mould her Heart into the Form of thy Glorious Gospel. The Glorious Gospel of God, now utters unto thee, Undone Sarah, that Invitation, Tho’ thou hast horribly gone a Whoring, yet Return unto me, saith the Lord, and I will not cause my Anger to fall upon thee. The Lessons of this Gospel have been both privately and publickly set before thee, with a vast variety of Inculcation. If all the Extraordinary pains that have been taken for the softening of thy Stony Heart, be Lost, God will dispense the more terrible Rebukes unto thee, when He anon breaks thee between the Milstones of His Wrath.
Oh, Give now a great Attention, to some of the Last Words, that can be spoken to thee, before thy passing into an astonishing Eternity.
The Blessed Lord JESUS CHRIST hath been made a Curse for Us; there has been a most Acceptable Offering and Sacrifice, presented by the Lord Jesus Christ unto God, for all His Chosen: there is a Fountain set open for Sin and for Uncleanness: and thou, O Bloody Sinner, art Invited unto that Open Fountain. Such is the Infinite Grace of God, that thou mayst come as freely to the Blood of the Lord Jesus Christ, for the Forgiveness of thy Sins, as they that have never Sinn’d with a Thousandth part of so much Aggravation; Come, and Welcome, says the Lord, who Receiveth Sinners. If God Enable thee Now, to Lay Hold on the Righteousness of the Lord Jesus Christ, tho’ thy Faults are Infinite, thou wilt yet before Sun-set Stand without Fault before the Throne of God. Thy Soul is just sinking down, into the Fiery Ocean of the Wrath of God, but the Righteousness of the Lord Jesus Christ, is cast forth unto thee, once more, for thee, to Lay Hold upon.
Oh! Lay Hold upon it, and Live! If God help thee, to do so, Then, as it was said, “The Mary whose Sins are many, has them Forgiven her,” So it shall be said, “The Sarah, whose Sins are many, has them Forgiven her!” Then, as it was said, Rahab the Harlot perished not, so it shall be said, Sarah the Harlot, perished not! Tho’ the Blood of thy murdered Infant, with all thy other Bloody Crimes, horribly Cry to God against thee, yet a louder and better Cry from the Blood of thy Saviour, shall drown that formidable Cry. Yea, then, There will be Joy in Heaven this Afternoon among the Angels of God; the Angels of Heaven will stand amazed, and say, “O the Infinite Grace, that can bring such a Sinner unto Glory!”
But if ever the Blood of the Lord Jesus Christ, be applied unto thy Heart, it will immediately Dissolve that Heart of thine; it will cause thee to Mourn for every Sin, to Turn from every Sin, to give thy self entirely unto God. It will be impossible for thee, to Go on in any Known Sin, or to Dy with a Ly in thy mouth: No, thou wilt rather Dy than commit any Known Sin in the World. If this Disposition, be not produced in thee, before Three or Four short Hours more are Expired, thy Immortal Spirit, will anon pass into Eternal Torment: thou wilt before To morrow morning be a Companion of the Devils and the Damned; the Everlasting Chains of Darkness will hold thee, for the Worm that never dies, and the Fire that never shall be Quenched: thou shalt fall into the Hands of the Living God, and become as a glowing Iron, possessed by his Burning Vengeance, throughout Eternal Ages; the God that made thee, will not have mercy on thee, and He that formed thee will show thee no Favour. But for his Mercy, and Favour, while there is yet hope, we will yet Cry unto Him.
On this date in 1996, Ellis Wayne Felker was elecrocuted for a rape-murder that — despite his classic middle name — he always maintained he did not commit.
Felker was fresh off his release from prison for aggravated sodomy in 1981 when he opened a leather shop at which a Macon Junior College student named Evelyn Joy Ludlam solicited work. Felker had none to give her — the business was failing — but he still invited her to interview.
Sometime after Ludlam interviewed at Felker’s shop on Novemer 24, 1981, her car ended up parked in the lot of the Trust Company Bank with Joy nowhere to be found. She remained missing until December 8, when a passerby found her body in Scuffle Creek outside of Macon. She had been raped, sodomized, and throttled.
Evidence incriminating Felker was circumstantial but suggestive: Felker was the last person who could be shown to have seen Joy Ludlam alive, and that under duplicitous circumstances; he had shifted his account of his contact with Ludlam during the crucial hours as evidence came in; he had gone out for an unexplained drive late the night of her disappearance; some bruises on the victim’s body suggested bondage sex and Wayne, a BDSM aficionado, had suspiciously disposed of some leather restraints shortly after Joy vanished. Plus, of course, there was that previous sexual assault conviction.
On the other hand, the initial autopsy and some expert testimony concerning the body’s condition suggested that Joy had died just a few days before she was pulled out of the creek — a timeline which would have ruled Felker out as a suspect since he was under police surveillance from the evening of November 25. (The revision of the autopsy’s initial, Felker-exonerating timeline, and the subsequent expert dispute over the expected state of a body submerged in water after X number of days forms a sizable part of the record. We at Executed Today have no ranks in this coroner’s science, but would note that she was found wearing the clothes she donned for her November 24 visit to Felker’s leather shop.) And years after the trial, boxes of evidence that the state had illegally failed to disclose to Felker’s defense team were discovered. They contained interviews with other witnesses, a highly dubious signed confession by a mentally disabled man, and human tissue.
The last really sticks in craw: courts in 1996, when DNA was still only emerging as a forensic force, refused to allow the sample to be tested on the Kafkaesque procedural grounds that the request had not been made earlier in the process — you know, before the defense knew there was such a sample to test, and/or before DNA testing was a thing. Partial credit for the frustration of Felker’s appeal routes goes to that relic of 1990s death penalty mania, the Antiterrorism and Effective Death Penalty Act. This law, which limited (and still limits) capital defendants’ access to federal habeas corpus relief was actually upheld by the U.S. Supreme Court in June 1996 via Felker’s own case: the key ruling is Felker v. Turpin.
He wasn’t through making history after he died, either.
In what was thought to be a first in 2000, a consortium of media organizations footed the bill for posthumous DNA testing of those recovered hair and fingernail samples, with the potential to deliver an embarrassing four-years-too-late exoneration.
Minutes after midnight on this date in 1996, Georgia electrocuted Larry Lonchar
Ten grand in the red on gambling debts, Lonchar in 1986 raided the home of the bookie he owed and gunned down that bookie, his female partner, and his two sons. (One of the sons survived by playing dead.)
A DeKalb county 911 call recorded the horrifying last moments of Margaret Sweat:
911: DeKalb Emergency 911.
911: What address?
911: What’s the problem?
Caller: Everybody’s been shot.
911: Who’s been shot?
Caller: Me — and —
911: With a gun?
911: Who did it?
Caller: I don’t know.
911: Is that a house or an apartment?
Caller: It’s a condominium. . . .
911: Okay. Now you say everybody’s been shot, I already got you help on the way, but when you say everybody’s been shot, how many?
Caller: Uh, me.
911: Where are you shot at?
Caller: In the living room — I’ve crawled to the phone.
911: I mean what part of your body, Ma’am.
Caller: I think my stomach — they’re coming back in — please-(inaudible)
911: Who did it? Give me a description of them!
Caller: Why are you doing this. Please — (inaudible). Please, please, I don’t even know your name. Please — please Larry. I don’t even know your n –.
Lonchar had little stomach to fight a death sentence he acknowledged deserving — an execution date in 1993 had been averted only at the last moment when his brother’s suicide threat induced Lonchar to reluctantly pick up his appeals — and by the end he was holding out strangely for only a late delay. It seems that he wanted to donate his kidneys, but the wrack of the electrical chair promised to damage the tissue past using. That situation had even led Georgia lawmaker Doug Teper to introduce legislation to conduct executions by guillotine: say what you will about the iconic French razor, it’s easy on the organs.
The spectacle of legal beheadings was spared America, then and since — though who knows what may someday come of the ongoing breakdown of the lethal injection process.
Lonchar’s execution was witnessed by British human rights attorney Clive Stafford Smith, who had come to represent him: Smith wrote about the experience for the Guardianhere.
On this date in 1945, stripped down to his socks and underwear, 35-year-old truck driver and double murderer Charles Silliman was gassed in Colorado’s death chamber. He died for the murder of his wife, Esther Corrine Silliman, and their four-year-old daughter.
Charles and Esther had been married for nine years and didn’t have any relationship problems that anybody knew about. After dinner on January 22, 1944, he poured her nightly glass of brandy. He also gave a small amount to little Patricia Mae. Both mother and child became violently ill and quickly expired.
Charles said he had no idea what had caused their deaths, and suggested food poisoning as a possible answer. When the cops arrived on the scene, they found the grieving husband and father studying his wife and daughter’s life insurance policies.
The police were suspicious, especially after Charles began weeping and pulled out a handkerchief marked with lipstick. He said the lipstick was his wife’s, but … she never wore makeup.
Chemical analysis showed the brandy had been laced with strychnine, and a bottle of the poison turned up hidden in the tire kit in Silliman’s car. The police theorized he had committed the murders to collect on the insurance and be with “a woman whom he met in a beer tavern in Denver and later … while his wife was absent, he rather frequently visited.”
Charged with murder, Silliman admitted to the poisonings and said he and his wife, plagued by poor health and debt, had jointly decided to commit suicide and take both their children with them — but that he chickened out and was unable to go through with it. (Son Charles Jr. was not harmed, as he was living with his grandparents at the time of the murders.)
Silliman was tried for his wife’s murder only, and he told the jury about the unfinished suicide pact. The prosecution pointed out that, even if his story was true, the deaths of Esther and Patricia still constituted first-degree murder.
His insanity plea didn’t go anywhere either. “We are convinced from the record,” ruled the appellate court, “as the jury must have been from the evidence, that defendant’s insanity was an afterthought and conceived by him as a means of escaping the penalty which, under the evidence, he merited.”
Silliman did, however, gain an extra two hours of life: executions at the Colorado prison normally took place at 8:00 p.m., but at that time there was a Chamber of Commerce banquet going on and 550 guests were chowing down on turkey. The warden delayed the execution until 10:00 p.m., after dinner was over and everyone had left the prison.
His last words were, “I do not fear. I am going to a better world.”
(An aside: elsewhere in the United States on that same November 9, 1945, Jesse Craiton and Noah Collins were electrocuted in Georgia for robbery-homicide, and Cliff Norman died for rape in Oklahoma’s electric chair.)
At 8:00 p.m. on the evening of August 8, 1944, Watson and Wimberly, both of them already drunk, arrived at the farmhouse and bartered for a liter of apple cider. They spoke no French but were able to get their point across. The farmer and his daughter were wary of the inebriated pair and, after they left, barricaded the door.
Five minutes later, the two soldiers returned and battered it down.
Wimberly hit the man on the head with his Tommy gun and Watson forced the woman into a chair. Then, just like that, they left again. The two victims went upstairs, barricaded themselves into another room and double-locked it.
A few hours later the two soldiers returned and fired at least twenty .45 submachine gun rounds through the upstairs door, wounding both of the French civilians.
The farmer staggered downstairs and went to get help, but his daughter’s tibia was fractured and she was unable to flee. She was raped in turn by each of the men while the other held her at gunpoint.
At trial she couldn’t identify either of her attackers. The farmer identified Wimberly out of a lineup of six black soldiers, but wasn’t sure about Watson.
Their identification wasn’t really needed, however. Watson was found passed out at the crime scene in the morning, still wearing his bloodstained pants, with the fly unzipped. Wimberly had left, but he left his helmet liner (marked with a unique serial number) on the steps of the farmhouse.
When questioned, Wimberly blamed the entire thing on Watson. Watson made several contradictory statements about the night of the crime before pulling the old amnesia gag. He admitted he’d gone to the farmhouse with Wimberly and added, “I must have gotten drunk because the next thing I knew I was in the yard with a Colonel, two Lieutenants and two MPs.”
Given the circumstances, there wasn’t much either man could say to show why he should not be convicted and executed.
Justice was quick: they were hanged less than three months after their crime. Wimberly went first and was pronounced dead at 10:29 p.m. Watson followed and was dead by 10:48. Eight days later, General George S. Patton had a letter sent to the rape victim, apologizing for what she’d been through and for the soldiers’ part in it.