Moments before his death warrant expired at midnight U.S. Central Time, after a last meal consisting only of communion, Ledell Lee was executed by the U.S. state of Arkansas.
Lee spent 24 years awaiting execution for the bludgeon murder of Debra Reese on February 9, 1993, but he was done to death in a rush that left unanswered some of the most fundamental questions in the case.
Trial is the forum designated for contesting this question, of course. At Lee’s, he was represented by an unwilling defense team that repeatedly sought its own removal from the case, citing an “intolerable conflict” with their client, a conflict that paled in comparison to that of the judge, who was having an affair with a prosecuting attorney. (Multiple separate rape cases were pending against Lee at the same time, and those same conflicting attorneys were removed from those cases.)
A quarter-century on death row suggests claims litigated to the point of exhaustion, but this is not how the death penalty game is played in America. The art of execution lies in expediting a conviction and then fighting hammer and tong to maintain that verdict as a fait accompli against any attempt on appeal to litigate issues that the jury never heard. Mostly, the clocks runs for years on useless waiting or epicycles of procedural do-overs that never reach the most salient topics. The Innocence Project reports that outright exonerees (not limited to condemned prisoners) serve an average of 14 years before winning release on their various evidentiary trump cards. (Arkansas’s most famous death row exoneree,* Damien Echols, waited 17 years.)
By the time one reaches the end of the glacial death penalty process, the very refusal of the law to probe the questions it never bothered asking will have become the fault of a prisoner’s own dilatory appeals, leading — in this instance — to victim’s kin at Lee’s clemency hearing “asking you and begging you to please let us have some closure.”
In the name of closure, end-state cases must also insist on renouncing one of the potential benefits of all that time-wasting, the perspective of passing years. DNA tests that were not available when Lee stood trial for his life — and the discredited “forensic evidence” of matching hair samples was invoked against him — could have been used to examine blood spots on Lee’s shoes.** Because the prisoner maintained his innocence in the case from the time he was arrested until the very end, one of his late appeals vainly implored Arkansas to test that DNA sample. There are many cases, death penalty and otherwise, meeting this description, and most U.S. jurisdictions compulsively resist any calls to revisit testable tissue in the light of emerging DNA science as so many affronts to the majesty of law.
So what has everyone been up to while not testing DNA all those years? The Fair Punishment Project report on Lee’s post-conviction road makes depressing reading.
Lee’s first state post-conviction attorney had substance abuse problems that left him “impaired to the point of unavailability on one or more days of the Rule 37 hearing.” The Arkansas Supreme Court noted several examples of his lawyer’s “troubling behavior,” including “being unable to locate the witness room;” “repeatedly being unable to understand questions posed by the trial court or objections raised by the prosecution;” “not being familiar with his own witnesses;” and “rambling incoherently, repeatedly interjecting ‘blah, blah, blah,’ into his statements.” Unsurprisingly, Ledell lost his state-post conviction petition. Eventually, the Arkansas Supreme Court recognized that Lee received grossly inadequate representation and withdrew its opinion, giving him new counsel.
Unfortunately, his new counsel were not much better. First, they missed the filing deadline for the appeal. Then, the Arkansas Supreme Court twice, sua sponte, ordered the attorneys to submit a new brief because their filings failed to comply with Court rules — the second time, the Court referred the attorneys to the Committee on Professional Conduct. The attorneys also appear to have refused to accept their client’s phone calls and ignored his letters.
At one point, Ledell received a glimmer of hope when the Arkansas court appointed the Arkansas Federal Defender to his case. They tried to litigate a claim that Ledell is intellectually disabled. In response, the state argued that Ledell — with all of his competent representation — had procedurally defaulted this claim by not raising it before.† But before the parties could complete litigation on the claim, the Federal Defender was removed due to a conflict.
In 2016, Ledell’s local habeas attorney moved to withdraw from the case because she was retiring. She made clear that in ten years, she had done little work on the case. “I have no file on [Ledell],” she stated, despite having argued at least one of Ledell’s appeals before the Eighth Circuit. “I have no working relationship with [Ledell]. I have not seen [him] for several years. I have no relationship with [his] present counsel and have not had any working relationship with them for some time.”
In June of 2016, one of Lee’s federal habeas lawyers, Gary Brotherton, voluntarily surrendered his legal license “to prevent possible harm to clients” because he was suffering from bipolar disorder with psychotic features and anxiety. One month later, the Missouri Supreme Court suspended him from the practice of law. So, just seven months ago, in the eleventh hour of his case, Ledell received yet another lawyer on his case.
All in all, a shambolic proceedings crowned by the indignity of Arkansas’s cramming Lee into a raft of eight proposed executions — many of them now stumbling on late appeals — slated together for the last days of April for the tawdry expedient of using up the state’s lethal injection drugs before their imminent expiry. It’s a very not normal situation, and yet, it is also all too normal.
Ledell Lee was the first person executed by Arkansas since 2005.
* As we’ve previously noted, Arkansas forced Echols to make an Alford plea as the price of his release, allowing it to claim on a technicality that it had not wrongfully imprisoned an innocent man for two decades.
** The crime scene was a bloodbath, so the supposition is that the murderer would certainly have imbrued his clothes with Reese’s blood.
† Reese’s alleged intellectual disability ought to have been raised by his unwilling defenders at the trial’s mitigation stage; it appears they barely investigated it.
On November 22, 1946, American executioners recorded a double-double with twin killings in both North Carolina and Georgia.
Charles Primus, Jr., and Wilbert Johnson carjacked a couple in Raleigh, forced them to drive six miles into the country,
got out and ordered the occupants to do likewise, demanded their pocketbooks, commanded them to go down a road in the woods; the defendants then held a whispered conversation, after which Johnson, with gun in hand, directed Miss Lipscomb to “stay there,” with Primus and marched Guignard approximately 200 feet down a path and demanded to know where his money was. While the parties were thus separated, Primus had intercourse with the prosecutrix after threatening to kill her if she did not submit. She says, “I submitted to Primus on account of fear.” The defendants were over 18 years of age; and the prosecutrix was 25 years old at the time of the assault.
Soon after the rape was accomplished the defendants freed the prosecutrix and her companion and allowed them to make their way to a house in the neighborhood.
The defendants admitted in statements in the nature of confessions that they obtained $650 from Guignard and $38 from Miss Lipscomb. Each originally claimed the other committed the rape, but finally Primus admitted he was the one who actually assaulted the prosecutrix. Johnson was tried on the theory of an accessory, being present, aiding and abetting in the perpetration of the capital offense. He was referred to by Primus as “the boss” of the hold-up conspiracy.
The specification abut “submitt[ing] on account of fear” — obviously, right? — mattered because Primus and Johnson took an appeal all the way to the state Supreme Court that this submission made intercourse no longer legally “forcible.”
Johnnie Burns and Willie Stevenson were both electrocuted at Georgia State Prison November 22, 1946 for the ax murder of a man named Lucius Thomas, a crime that netted the pair $27.14.
Stevenson was only 16 years old at the time of the murder, and 17 when he was executed.
There was also a fifth, singleton execution on the same day in Arkansas: Elton Chitwood was electrocuted for murdering Mena pharmacist Raymond Morris during an armed robbery.
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.
A much more prodigious body count had been ordered initially by the court, but clemencies straight from the hand of U.S. President (and former hangman) Grover Cleveland averted five of seven death sentences on their eve of execution. All the killers under sentence, spared or no, committed their murders in Indian Country.
In February, 1886, seven men were sentenced to be hung on April 23, 1886, but before that day arrived the sentences of all but two had been commuted. The two unfortunates were Joseph Jackson, a negro, convicted of killing his wife at Oak Lodge, Choctaw Nation, on March 9, 1885, and James Wasson, a white man, who participated in the murder of Henry Martin in 1872, but was not apprehended until he took a hand in the killing of a man named Watkins in 1884.* (Source)
Jackson slashed his own throat with the shard of a vase in an unsuccessful bid to cheat the hangman, and sported a terrible gash on his neck when he hanged.
* According to the Atchison (Ks.) Daily Globe of April 30, 1885, Watkins was a cattle baron, whose widow wife then put a $1,000 price on Wasson’s head. The killer’s arrest ensued promptly. Although Wasson hanged for the earlier murder and not for that of Watkins, the aggrieved Texan woman “was here [at Fort Smith] every term of court after Wasson was brought in, and employed counsel to assist the District Attorney in prosecuting him, having, it is said, spent over $7,000 in bringing him to justice.” (St. Louis Globe-Democrat, April 24, 1886.)
For whatever reason, Arkansas really cottoned to this format in the Nineties. It carried out a double execution on May 11, 1994, and two separate triple executions on August 3, 1994 and January 8, 1997. Volume packages account for nearly half of the 21 Arkansan executions in that decade.*
But the operational efficiency of killing people in multiples inevitably bowed in the more deliberate modern era to the overriding inefficiency of its supporting judicial process. Rare would be the day — especially for a smaller state like Arkansas — when more than one prisoner exhausted remedies at the same time, even if they’d begun their legal journey as parties to the same crime.
In this late degenerate age, whatever rationales may once have existed for group executions have faded well away. The double execution this date in 1999 was at best a minor public relations flourish, and there wasn’t any symbolic import at all. The two culprits were completely unconnected:
Mark Gardner, a career criminal out on parole who had slaughtered a family in order to rape their daughter and steal their valuables (last meal: fried shrimp, grilled salmon, garden salad, and chocolate cake with a Coke);**
Alan Willett, a guy who killed his own son and mentally impaired brother, then dropped appeals to volunteer for execution (last meal: beef jerky, barbecue-flavored potato chips, onion dip, garlic dip, buttered popcorn, and Pepsi)
The volunteer aspect helped make the twofer scheduling happen, but to what end? A “double execution” here really means two individual executions back-to-back, each one with its own witness room, its own set of last-minute appeals, its own dose of poison. So why bother coordinating execution dates when there are already so many other moving pieces in the machinery of death? It’s just bad engineering
So this date’s exercise was the last multiple execution in the United States save one. In 2000, the absolute high-water mark for execution pace in the country’s busiest death chamber, Texas injected Oliver Cruz and Brian Robertson on the same day, Aug. 9. That’s the last multiple-execution to date in the U.S.
** Gardner piously anticipated “a never-ending feast” at “the Lord’s supper” in his last statement, but his worldly appetites were less transcendental. He was accused of rape by his neighbor on death row: Damien Echols.
Echols was one of the West Memphis Three convicted for a supposedly occult triple homicide during the late gasps of America’s infantile Satanism panic. This case became a cause celebre (literally so: Eddie Vedder, Johnny Depp, and other glitterati were among his vocal supporters), and the convictions were debunked to such an extent that Echols and his two friends (both serving prison terms) were all released earlier this year.
I have ever had the single aim of justice in view … ‘Do equal and exact justice,’ is my motto, and I have often said to the grand jury, ‘Permit no innocent man to be punished, but let no guilty man escape.’
On this date in 1875, the most famous — or infamous, depending on your perspective — “hanging judge” of the American West dropped the trap on his noosing career with his first six hangings at Fort Smith, Arkansas.
Isaac Parker, around the time he arrived at Fort Smith
But by the post-Civil War years, the frontier was sweeping past on iron wheels … and as long as Indian Territory remained (mostly) protected from white settlement, it remained a sparsely-populated refuge for outlaws.
Pandemonium in the Territory was only exacerbated by the Fort Smith court’s reputation for corruption and inefficiency; the office was open for Parker’s appointment because his predecessor had resigned to avoid impeachment.
Judge Isaac Parker came to clean up the place.
Fort Smith was an unusual portfolio for a federal judge. While most of Parker’s colleagues were confined to the tedium of interstate civil litigation, Parker was the court of first call for many regular criminal cases in the Indian Territory which in other jurisdictions would have been a state matter. He estimated in 1885 Congressional testimony that seven-eighths of his caseload came from Indian Territory.*
And in those cases he quickly established himself a reputation for severity.
“I never hanged a man,” Parker said of himself later in life. “The law hanged him. I was only its instrument.”
But make yourself the law’s instrument to the tune of 79 hangings, and folks are bound to sit up and take notice.
“they nearly hung me for stealin’ a horse
in Fort Smith Arkansas.
Judge Parker said guilty and the gavel came down
just like a cannon shot …”
At his court’s very first sitting in May 1875, Parker death-sentenced a murderer — Daniel Evans, who came straight from frontier central casting and had murdered a man for his boots.
As that year unfolded, he added enough condemned men to the bowels of the miserable jail nicknamed “Hell on the Border” — for an eight-strong hanging date to christen September.
One of the eight had his sentence commuted due to youth.
One was shot trying to escape.
And the other six were the debut crop for the mass-occupancy gallows that Parker ordered constructed at Fort Smith. (Its capacity was a full dozen.)
The clientele was six unconnected murderers, committing various atrocities for various motives and aptly embodying the region’s ethnic diversity.
James Moore, white
Samuel Fooy, quarter Cherokee
Smoker Mankiller, Cherokee
Edmond Campbell, black
John Whittington, white
And the audience? Five thousand or so reportedly on hand in Fort Smith this date, plus a national media audience … and posterity deep into the second century since this sturdy magistrate donned his first black cap and set about putting chaos into order with a rope in his hand.
New York Tmes, September 4, 1875.
Whatever one might have to say about his methods, Parker presents a magnetic personality, a figure so truly of his own time and place that he obligingly died just weeks after his court was finally relieved of its Oklahoman jurisdiction in 1896. He’d never hang around to jolt our anachronism meter by weighing in on trench warfare or cubism.
Parker is undoubtedly a more layered figure than his “hanging judge” reputation would suggest, and even his life’s project to bring his unruly jurisdiction to heel was more complicated than just being a hardass. (He had a significant administrative challenge to manage his chronically underfunded court, and he needed to foster the sense of communal reciprocity and legal integrity that would encourage fellow-citizens to turn up for jury duty and witness testimony that make the law’s everyday business possible.) The judge was famous for the long hours he kept, and capital cases were never more than a tiny fraction of his work.
Parker was notorious (slash-beloved, again depending on perspective) for his prosecution-friendly courtrooms, but even the tough sentences he handed down came in his mind from a place of tough love. He wrote late in life that
not one of [those he suffered to long prison terms for violent crimes], no matter how depraved, had entirely lost that better part of human nature …
The object of punishment is to revive, that in some cases, almost extinct spark, to lift the man up, to stamp out his bad nature and wicked disposition, that his better and God given traits may assert themselves.*
Still, whether you prefer him as the stern avatar of law on an outlaw plain or bloodthirsty yahoo, Parker’s ready amenability to latter-day Hollywood tropes will surely maintain his popularity in the cultural rookery of wild west cutouts.
Among numerous other reference points, the novel True Grit, and the 1969 and 2010 films based on it, use Judge Parker’s Fort Smith as the heroine’s embarkation point — with her dangerous journey carrying her into the untamed Indian Territory on his doorstep.
Pat Hingle’s “Judge Fenton” (from “Fort Grant”) in the Clint Eastwood western Hang ‘Em High also shows an unmistakable debt to the Judge Parker persona.
A few books about Judge Parker
Spare a thought, too, for the man operating the ropes and levers this date.
George Maledon, named Fort Smith’s official hangman just a couple of years before Isaac Parker’s appointment, would enforce the Hanging Judge’s hanging sentences into the 1890s: 60-plus executions in all, plus five other escaping prisoners he gunned down, all in a day’s work for an Arkansas lawman.
Maledon has a sad coda to this story, which wasn’t so upbeat to begin with.
The year after the veteran hangman hung up his hood and opened a grocery store, Maledon’s daughter was murdered. The bereaved father’s friend Judge Parker, still on the bench at that time, condemned the killer to die in a case we’ll suggest might have warranted a recusal by present-day standards. Nevertheless, a successful appeal balked Maledon’s successor of the malefactor, and the disgusted ex-executioner got his species of payback by taking the accoutrement of his late profession on the road as a traveling act.
There, under the billing of “the Prince of Hangmen,” Maledon lectured and exhibited old hanging ropes and pictures of the outlaws they had choked.
People of all classes flocked to the show grounds, crowded about the lecturer and filled the tent, viewing the gruesome relics and listening to the old hangman’s recital of soul-stirring events as he pointed out the…instruments of his vocation. (Source)
* See Mary Stolerg, “Politician, Populist, Reformer: A Reesamination of ‘Hanging Judge’ Isaac C. Parker”, The Arkansas Historical Quarterly, Spring 1988
Even the grand jury summoned to indict the killer had to be dismissed after repeatedly returning only second-degree charges.
This case cries out for primary research beyond the scope of this blog’s daily deadlines further to the motivations of the characters involved, but the bottom line is that Vowell hanged before a highly sympathetic crowd — calling “Good-bye, Mart!” as he “died game” — in Paragould, Ark.
* Given the famous characters evoked by name, we need to note that our day’s principal, Mart, was actually named Martin Van Buren Powell, which would presumably make him a namesake of abolitionist former U.S. President Martin Van Buren.
On June 26, 1885, two Cherokee men — James Arcene and William Parchmeal — were hanged at Fort Smith, Arkansas. Moments before their deaths, both men made statements, though it is unlikely that their last words were intelligible to many witnesses at the military outpost, owing to the heavy rain and the fact that Parchmeal spoke little English.* Under the eye of Federal Judge Isaac Parker, the notorious “Hanging Judge” of the old Southwest, Arcene and Parchmeal had their limbs bound and their faces covered before being “launched into eternity.”**
In February, Arcene and Parchmeal had been convicted of a murder committed 13 years previously. On November 25, 1872, someone had killed a Swedish immigrant named Henry Feigel on the road near Fort Gibson in Indian Territory (now Oklahoma). The case remained unsolved for over a decade.
In 1884, 12 years after Feigel’s death, a U.S. Deputy Marshall named Andrews arrested Arcene and Parchmeal in connection with the murder. Though documents describing the evidence used to obtain the arrest warrant are not readily available, Andrews was able to convince a judge (probably the same Judge Parker who presided over the trial) that the trail had not gone cold after so many years. Arcene “denied having knowledge of the killing,” but Parchmeal made a statement through an interpreter “admitting being present, but said that he was there under duress and that Arcine did the killing.”†
After both men were convicted, Arcene made a confession stating that he had “shot [Feigel] six times, then both took rocks and mashed the man’s head” before dragging him off the road and robbing him of his boots and 25 cents. Judge Parker sentenced both men to hang.
At first glance, there is little to distinguish this case from the 77 other executions presided over by Judge Parker during his tenure at Fort Smith.‡ Parker had been appointed to the bench in the hope that he would make Indian Territory feel the full might of the federal government, and he did not disappoint. According to one chronicler of the Fort Smith court under Judge Parker,
“Tried, found guilty as charged, sentenced,” was the tale repeated until the mere fact of arrest meant almost certain conviction. The sentence “To die on the gallows” was passed upon more men here than anywhere in history. So numerous were the executions [Parker] ordered and so commonplace the thunderous crash of the gallows trap that street urchins playing outside the old walls would gleefully shout: “There goes another man to hell with his boots on!”
But this execution was peculiar in one significant detail: James Arcene claimed to have been “only a boy [about] 10 or 12 years old” at the time of the murder.† If true, he was one of the youngest criminals in American history to have his crime punished by a federally-sanctioned execution.
It is difficult to verify James Arcene’s age with any degree of certainty. Census records for Indian Territory in the 1870s and 1880s are spotty at best, and few other vital records survive. It is possible that Arcene may have hoped to obtain a pardon by falsely pleading youth, but he did not revise his statement, even when it became apparent that it would do him no good. We may never know how old James Arcene really was — all we can know is that he claimed to have been a child in 1872 and that Judge Parker ignored this information and sentenced the adult who stood before him.§
If James Arcene was a juvenile offender, he looked very much like the other children and adolescents executed in the United States since the era of the American Revolution. Those offenders executed for crimes committed before the age of 18 have disproportionately been African American, Native American, or Hispanic teenagers who have committed crimes against white victims. This is true of the 20th century as well as the 19th: of the 22 juvenile offenders executed for murder in the US between 1976 and 2004, 77% had killed a white victim, though only 50% of homicides perpetrated by juvenile offenders involved a white victim. As of 2004, 9 of the last 10 juvenile offenders executed in Texas, the state responsible for 59% of all juvenile executions, were black or Hispanic. (Figures from the Death Penalty Information Center.)
In March of 2005, the Supreme Court handed down a 5-4 ruling in Roper v. Simmons declaring that states could no longer execute criminals who had committed their crimes while under the age of 18.
* See “Murder for Money,” Daily Arkansas Gazette, 27 June 1885 on rain, and “Hanged on the Gallows,” New York Times, 27 June 1885 on Parchmeal’s need for an interpreter.
** “Murder for Money,” Daily Arkansas Gazette, 27 June 1885.
† “Hanged on the Gallows,” New York Times, 27 June 1885.
‡ Judge Parker sentenced 156 men and 4 women to death. Of these, 79 were actually executed, the rest having died in prison, had their sentences commuted, or were pardoned.
§ It should be noted that many books make the erroneous claim that Arcene was 10 at the time of his execution. This is not the case — all available primary documents agree that he was an adult in 1885. I made this same mistake in my earlier guest post on the case of Hannah Ocuish, having relied on Dean J. Champion’s The American Dictionary of Criminal Justice: Key Terms and Major Court Cases (2005).
On this date in 1845, husband-and-wife murderers Crawford and Lavinia Burnett (nee Sharp) danced a gallows jig built for two in Fayetteville, Arkansas.
The duo contrived with their son, John, to rob and murder a nearby recluse, Jonathan Selby, for the money he was thought to be hoarding.
The family the slays together, pays together.
Alas for mom, dad, and big brother, 15-year-old daughter Minerva shopped them.
John-boy was still on the lam at this time — he’d be caught soon, and hanged December 26 — but Lavinia and Crawford hanged together before a large crowd in the vicinity of the present-day Fayetteville National Cemetery.
It was the first recorded execution of a woman in Arkansas history, and would be the only such until the year 2000.
On January 8, 1864, young David Owen Dodd was hanged in Little Rock for spying on federal troops … and cavalryman Ephraim Dodd (no known relation) suffered the same fate for the same crime in Knoxville.
Knoxville worthies rallied to save him and Ephraim Dodd insisted upon his innocence, but not so vociferously that he displayed any terror of his fate.
Do not grieve for me, my dear parents, for I am leaving a world full of crime and sin for one of perfect bliss.
The hanging itself wasn’t bliss, exactly, despite a well-planned soundtrack.
From the “Death March” the music gradually slid into “Mary’s Dream,” and then we were carried back by the magic of the plaintive notes to juvenile days; to visions of “Sandy far at Sea,” and to the sad cadence of that fading refrain,
“When, soft and low, a voice she heard
Saying, Mary, weep no more for me.”
The solemn march, the wailing notes of the fife, and perhaps above all the calm, unmoved, manly bearing of the prisoner — so we thought — produced a mournful impression upon the spectators.
Points earned on artistic merit, however, were deducted for technique.
At a signal the bolt was now withdrawn, the culprit fell, but the cotton rope broke by the sudden tension, and the man lay stretched and stunned upon the frozen ground below. A mummer of horror, mingled with expressions of pity, ran through the assembled crowd. Recovering for an instant from the shock — for his neck was not broken — he said — perhaps incoherently: “Release me quick, if you please.” For some ten minutes the unfortunate man lay thus upon his back, without moving a muscle. Meantime the officers and men, whose painful duty it was to see to the execution of the law, adjusted this time two parts of the same rope instead of one, and the half-conscious man was borne up the fatal steps a second time, being partly supported upon the drop until the double noose had been adjusted. Not a word or sign of suffering all this time escaped his lips. In another moment the drop fell, and prisoner’s form now hung by the neck — the knot behind the head. Death finally ensued by strangulation. In ten minutes, Dr. Cogswell, the officiating surgeon, pronounced life extinct, and the body was taken down and buried.
David Owen Dodd
A few hours later and 500 miles down the way, the entirely unrelated hanging of David Owen Dodd proceeded in Little Rock, Ark.
Only 17 at his hanging and not physically robust enough to get his brains blown out at Gettysburg, Dodd was sent by his father on a business trip across Union lines — everything legit, and carrying a pass — but got busted with morse code notations of Union troop strength in the city.
Unlike Ephraim, who was basically a normal soldier thrust into incriminating-looking circumstances by the chance of war, young David Dodd was rightly accused.
He didn’t bother protesting his innocence, but he also kept mum about his contacts. (Suggestively, a teenage girl and her father were whisked out of town and kept under guard in Vermont for the rest of the war.) That proud silence has won him quite a reputation in Arkansas as the Boy Hero of the Confederacy.
But similarities between the condemned men extended beyond their names. David’s parting filial reassurance could pass for a paraphrase of Ephraim’s.
[D]o not weep for me for I will be better off in heaven. I will soon be out of this world of sorrow and trouble.
And the hanging itself, conducted in a tense atmosphere, was likewise a botched job. In this case, the slight young man didn’t fall hard enough to break his neck, but did fall far enough to get his tiptoes on the ground, initiating an agonizingly protracted strangulation which the soldiers on detail expedited by (accounts differ) pulling on David Dodd’s legs and/or pulling up on the rope.