Category Archives: Florida

1986: David Funchess, Vietnam War veteran

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On this date in 1986, Vietnam War veteran David Livingston Funchess was electrocuted in Florida for a double stabbing committed in the course of robbing a liquor store.

A late casualty, with his victims, of America’s imperial exertions in Indochina, Funchess had returned from the Vietnam War with leg wounds that earned him the Purple Heart, post-traumatic stress disorder (PTSD), and eventually an addiction to self-medicating drug addiction.

“But for Vietnam, all indications were that he was well on his way to entering Florida’s middle class,” in the words of the late anti-death penalty attorney Michael Mello.*

In addition to the horrors of jungle combat, Funchess was exposed to the herbicide Agent Orange, which has since been linked to a wide range of serious health problems in Vietnam veterans. Among the common symptoms among many Vietnam veterans has been neuropsychological damage.

After his return from Vietnam, Funchess was a deeply disturbed and confused young man. Compounding these problems, the medication he was receiving for his painful leg wounds eventually led him onto a debilitating heroin habit.

Understanding of PTSD — within the clinical, juridical, and public realms — advanced significantly during the course of 11-plus years from Funchess’s crime in December 1974 until his execution. In one of those perverse technicalities of the U.S. death penalty system, this issue was so little understood that it was not litigated at all at the time of his initial conviction … and by the time his appeals had run his course, it could only be litigated in the court of public opinion because its irrelevance to the 1970s trial court had procedurally disbarred it.

By the end, the toll of PTSD upon Funchess was being taken up by Vietnam veteran advocacy organizations, but it cut no ice with Governor Bob Graham, whose unilateral power of executive clemency was the man’s best hope of avoiding the electric chair.

* Mello wrote the anti-death penalty book Dead Wrong: A Death Row Lawyer Speaks Out Against Capital Punishment

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1818: Josiah Francis and Homathlemico, false flagged

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On this date in 1818, Andrew Jackson had two Creek leaders summarily hanged in Florida.

The Creek in the American Southeast were a longtime thorn in the side of the young United States, and Andrew Jackson personally; Old Hickory was one of the chief American commanders in the Creek War several years before, a sort of subplot of the War of 1812 with Creek throughout the Gulf Coast aligning themselves with the British against American colonists.

One source of inspiration: the mighty Tecumseh, who assembled an ambitious native Confederacy to check Europeans’ advance. Although centered in the Great Lakes area, Tecumseh’s defeated vision was very broad, and he made a diplomatic visit to the American South seeking to bring the major tribes of that region into his alliance. Some Creeks saw a lot to like about Tecumseh’s line; they would become known as Red Sticks, for they raised the symbolic “red stick of war” against the whites, and announced it by massacring the entire population (about 500 souls) of Fort Mims, in Alabama.

Further south, in Florida, the Creek prophet Josiah Francis* was likewise stirred by Tecumseh; two days after Fort Mims, he led an attack on Fort Sinquefield that saw a dozen women and children killed and scalped. General Jackson suppressed that rising, forcing upon the Creek a victor’s peace that pushed that nation off 23 million acres in an L-shaped swath comprising much of Alabama and southern Georgia.** Jackson earned his nickname “Old Hickory” in this campaign, by conquering the Creek Hickory Ground.

Josiah Francis was among the many Red Sticks who took refuge in Spanish Florida after this defeat, but they could read a map like anyone else and understood that their respite from settlers would not last long here. Francis made a fascinating sojourn to England in 1815 where he vainly sought crown recognition of the Creek as British subjects, as a deterrent against Yankee aggression. Unsuccessful in his primary objective, Red Sticks returned carrying a ceremonial commission as a brigadier general. (The British Museum still has some of his kit in its possession to this day.) He did not have long to wait before tensions between whites and Creeks ignited the First Seminole War.†

As the clinching maneuver of this conflict — an act that would ultimately force Spain to cede Florida to the United States — the future U.S. president grossly exceeded the authority granted him by Washington to up and invade the Florida Panhandle with 3,000 men. They arrived at Fort St. Mark’s on April 6, there capturing two British subjects whom Jackson designated for an illegal court martial that would eventually hang them. But even this much due process was more than Creeks could expect.

An American warship had sauntered up to St. Mark’s ahead of its conflict, disguising its purpose by flying the British Union Jack and successfully extending the bluff to a Spanish officer who rowed out to greet them. Josiah Francis and another chieftain named Homathlemico or Homollimico, lurking in the bush nearby the conquered settlement, grabbed a canoe and rowed themselves out to these fortuitous allies only to find himself instantly made a prisoner. Jackson exulted in the duplicitous capture in an April 8 note to his wife: “Capt McKeever who coperated [sic] with me, was fortunate enough to capture on board his flotilla, the noted Francis the prophet, and Homollimicko, who visited him from St marks as a British vessell [sic] the Capt having the British colours flying, they supposed him part of Woodbines Fleet from new providence coming to their aid, these were hung this morning.”


An 1818 print depicts the captured natives.

* As he was known to whites. Hillis Hadjo (“crazy-brave medicine”) was his Creek name.

** And freeing Jackson to pivot to the defense of New Orleans.

† During this war, Josiah Francis’s daughter, Milly Francis, became famous throughout the continent as the “Creek Pocahontas” — literally doing what Pocahontas had done, talking her people off executing a captured white man named Duncan McCrimmon. Francis declined McCrimmon’s grateful offer of marriage, but let it not be said that an American soldier does not know how to return a boon: it was McCrimmon who set up the pivotal events of this post by tipping General Jackson to the presence somewhere nearby of his benefactress’s father. Milly presumably witnessed her father’s execution; she wound up deported to Oklahoma like much of the region’s Native American populace.

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1913: A day in the death penalty around the U.S.

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Alabama

From the Evening Star, April 4, 1913:

Florida

From the Tampa Tribune, April 5, 1913:

South Carolina

From the Charleston News and Courier, April 5, 1913:

West Virginia

From the Lexington Herald, April 5, 1913:

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1598: Lucas, waterboarded Guale

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On this date in 1598, the indigenous Guale youth called Lucas was hanged by the Spaniards in St. Augustine, Florida, for his supposed part in the prior year’s massacre of five Franciscan missionary friars during a 1597 Guale revolt.

This entire tragic affair, documented poorly and with partiality in Spanish sources, remains an interpretive palimpsest to the few who are familiar with it. Historian J. Michael Francis grapples with it in Murder and Martyrdom in Spanish Florida: Don Juan and the Guale Uprising of 1597; a recent talk by the latter at the U.S. Library of Congress delves into the “400-year-old murder mystery”:

The key primary source for this event is Luis Jerónimo de Oré’s text The Martyrs of Florida, from approximately 1619. (Here’s a public domain English translation) The titular “Florida” as claimed by Spain in the New World colonization scramble was a much larger territory than the present-day U.S. state, peninsula, and running Internet gag; hence, the Guale territory relevant to this post lies on what is today the Georgia coast.

Ore informs us that “an Indian youth, who was a Christian and heir to the caciquedom,” was incensed when the Franciscan resident at the settlement of Tolomato presumed to disallow him a second wife.

This cacique and two other Indians, like him, given to the same immoral practice, went into the interior among the pagans, without saying anything or without obtaining permission as they were wont to do on other occasions. After a few days they returned at night with many other pagan Indians, painted and smeared with red paste, and with feathers on their heads. This among them is a sign of cruelty and slaughter.

Thus fearsomely attired, they burst upon the hut of the prudish Fray Pedro de Corpa and butchered him, setting up his head on a spear. Having done this, the angry cacique — who is known only as Juanillo, which is sometimes the name given to this rebellion — ordered other Guale to treat their nosy proselytizers likewise. As a result, four other Franciscans — Fray Miguel de Aunon and a lay brother on St. Catherine’s Island, Fray Bias Rodriguez at the mission village of Santa Clara de Tupiqui, and Fray Francisco de Verascola on Asao — were all murdered within days. A couple of other missionaries had very close escapes.


Map of the relevant part of the Georgia coast.

Besides these, a Fray Francisco de Avila was kidnapped and held hostage for ten months. Although cruelly tortured, Avila would survive captivity and produce a narrative of his own, one that Ore includes wholesale in his volume as a standalone chapter.

In the course of the ensuing Spanish raids on the Guale, the Spanish captured seven boys or young men and interrogation zeroed in on one of them: the son of the cacique of Tupiqui, who appeared as a possible participant in murdering Fray Bias Rodriguez.

Lucas was reticent on the point but after being subjected to the water torture he allowed that “he arrived in time to see Fray Bias die,” and this confession of his presence sufficed to condemn him. He was the only person judicially executed in the course of the entire revolt.

In view of said declarations of these proceedings, the crime falls upon Lucas the Indian, son of the Cacique de Tupiqui, for having been present and participated in the killing of Fray Bias, who was sent to convert the people of Tupiqui. I must condemn him by this my decree, sentenced according to his declaration, with the penalty of death. The justice which I order shall be done him is: That when he leaves the jail where he now is, it shall be with a rope around his neck, his hands tied behind him, and with a loud voice it must be proclaimed to the public his crime; that he be taken to the gallows, already prepared for this purpose, and that there he shall be hung by the neck and strangled until dead. Because, thus is it well to punish with real justice those who dare to commit such crimes, and as an example to the other Indian natives of these provinces that they may not commit similar crimes. So do I pronounce sentence and command.

And if the said Lucas is not mindful of receiving baptism and should not die repenting, and in the Catholic faith, I order that he be hung and after his death his body be burned to powder.

–Gonzalo Menendez de Canco, Governor of Florida (Source)

Interpretations of the whole affair have always been driven by Ore’s narrative: either the surface reading of it, that Juanillo and company found monogamy irksome and preferred, in Ore’s words, “to give rein to their sensuality and unlawful pleasures”; or, a converse take for the era of decolonization, that the cultural interference of the Spanish empire triggered a native backlash for whom the friars were the ready-to-hand targets. In either version, the rebellion flourishes briefly but ultimately fails.

Francis in his book and the video above offers a very different reading: as a successful revolt authored by a different cacique, Don Domingo of Asao, who violently renegotiated the local balance of power** and thereby displaced the caciques of Tolomato as the paramount chiefs of the Guale. As a particularly gruesome coda, Domingo made successful obeisance to the Spanish and obtained the crown’s blessing for an expedition to destroy Juanillo, whom he blamed for the disturbance. After capturing the rebels’ last redoubt (beheading Juanillo in the process), Domingo ordered the surviving women to scalp their own men. Now that is paramount chiefdom.

Domingo appears to have maintained his preeminence among the Guale for the balance of his years — backed by and partnering with the Spanish, to the happiness of evangelizing clerics who were never more disturbed. A few years later, the Spanish even plopped down a new mission in his very own native soil … Santo Domingo de Asao.

* The Guale people are thought to have been subsumed into the Yamasee.

** View the Spanish arrivistes, who had a handful of small settlements rather than the dominating presence that their globe-straddling empire might suggest, as just “another powerful Mississippi chiefdom” to local eyes. (Source of this characterization)

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1878: A day in the death penalty around the U.S.

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From the Jackson (Mich.) Weekly Citizen:

A WOMAN’S DEATH AVENGED

NEW ORLEANS, May 24. — To-day, between the hours of 1 and 2 o’clock p.m., at the parish seat of Union parish, Louisiana, Jesse Walker, a colored man, was executed for the murder of Violet Simmons.

On the 12th of April last he was convicted. The evidence against him was circumstantial. At the time of his arrest, however, he made a confession of the crime, which he afterward claimed was forced from him.

A reporter, in company with Sheriff Pleasant, Rev. Mr. Parvin, Judge Ruthland and Capt. Raburn, visited the doomed man on yesterday evening. Walker was 22 years old, weighed 175 pounds, was very black, rather sullen and stupid. He appeared perfectly composed.

After visitors had expressed their sympathy and informed him of their mission, he made a

STATEMENT.

I know I must die to-morrow. They are punishing me for something I did not do. God knows I am as innocent as the angels of heaven, and I do not know who killed Violet.

About three years ago I drew my gun on Mr. John Simmons for trying to shoot my father. He has been mad at me ever since. I think that is the reason he swore so hard against me.

On the night Violet was killed, at the request of my brother and Noah Gandes, I started over to Aunt Wine’s to tell the girls that there would be a party that night.

It was about dark. I had gone two hundred yards when I saw Violet lying in the road.

We lived in the same yard, were cousins, and as we were often playing with each other, I went up to her and called her. She did not answer. I then ran back to the house, and called her mother. I was arrested.

At an early hour this morning

THE CROWD

began to gather from this and adjoining parishes, and by noon 3,000 people, the majority of whom were colored, assembled to witness the execution.

The sheriff had taken every precaution to preserve the peace and order. All of the saloons were closed and forty deputies were sworn in.

On Friday, at 12 m., the writer entered the jail in company with the parties named, and a sister of the prisoner. The meeting between

THE DOOMED MAN AND HIS SISTER

was very sad. She told him how often she had talked to him and prayed for him. He still protested his innocence, and said he was going to meet his mother in heaven. He inquired after his kinsfolks, and gave instructions with reference to his burial.

After giving his ring to his sister he bade her good bye, and was conducted to the debtor’s room and there very quietly dressed.

He then stated that he had evidence that he was

AT PEACE WITH GOD.

He appeared perfectly cool and collected. At 10 minutes to 1 o’clock p.m., the prisoner ascended the platform, which was erected about two hundred yards from the jail.

Rev. Mr. Britt offered up an earnest prayer, and the sobs and groans of women and children were heard from every direction.

The sheriff addressed the audience, appealing to them to keep order. The prisoner then came to the front of the platform and said:

None but me and my God knows that I am innocent. If the man who prosecuted me would have told the truth, I think he would have known something about the killing of Violet. I do not blame my lawyer. I do not blame the jury; they believe the prosecution, and have murdered me. I tried to get Lawyer Ellis to defend me. If he had defended me I would have been acquitted, but I do not blame him. I do not blame the sheriff or jailor, or the men who built the gallows. I have been wrecked, but have been praying for one week. I expect to be in heaven in less than a half hour. I want all my friends to pray for me as I have prayed for myself. I advise all young people to

QUIT GOING TO PARTIES, AND SERVE THE LORD.

I have never killed any one, but if I had my pistol when Simmons accused me of killing Violet and arrested me I would have killed him; but I thank God I did not, for then I would have never entered the kingdom of heaven.

Prince Jones (colored) then ascended the platform, and prayed fervently for the doomed man. The lips of the prisoner moved as in prayer, and tears come in his eyes.

The Sheriff then read the death warrant, during which time the prisoner retained his self-possession. At twenty minutes to 2, the rope was cut, the drop fell, and Jessie Walker was no more on earth.

Henry Roberts.

A PUBLIC EXECUTION.

SHELBY, N.C., May 24. — Henry Roberts (colored) was hanged here, publicly, to-day, at 1 p.m. There were four thousand persons present. The drop fell three feet, and his neck was unbroken. He hung thirty minutes.

Roberts reiterated his innocence, and said: “Jesus will gather me in his arms, and heaven will be my home. Chris died; so must I. I love all the world, and forgive all my enemies.”

He said all of the witnesses swore falsely, and that they have to answer for it hereafter. Roberts spoke ten minutes. His last words were: “I bid you all farewell.”

HIS CRIME.

On Feb. 1, 1877, the body of Gus Ware, a well-to-do colored farmer, living near King’s Hill, in Cleveland county, was found on the Charlotte and Atlanta Air-Line railroad, near htat point, mutilated in a horrible manner.

The deceased was in the habit of drinking too freely, and it was at first supposed that while drunk he had fallen on the track and thus met his fate, but subsequent developments did not sustain this theory.

Suspicion at once pointed Henry Roberts, another negro, who had been intimate with the murdered man, and, as was afterwards discovered, of whom the accused had become

MADLY JEALOUS,

although he had taken every pains to conceal it.

For several months prior to the murder Roberts had been living with a white woman in South Carolina [obscure] miles from King’s mill. About January he carried Ware over to the house of his mistress and introduced him. The man, it seems, conceived a passion for the woman, and determined to possess himself of her at the earliest opportunity.

Roberts visited the woman almost every night, affording no opportunity for his rival to make an appointment with her. About a month after Ware met Roberts’ mistress, he was called away to work in the upper part of Cleveland county.

His rival seized this opportunity to make love to the white charmer, which he did with such success that he was allowed all the privileges of his predecessor.

One night, about a fortnight before the murder, Roberts came to King’s mill unexpectedly. Hearing that his victim was away from home, and doubtless gessing [sic] his whereabouts he went to the woman’s house.

Creeping upon the back porch of the building, he was enabled to see at a glance all that transpired in her chamber, the night was a bright moonlight one, and the hour about 11 o’clock. A glance through the window confirmed Robert’s suspicion as to the

INFIDELITY OF HIS FRIEND AND THE WOMAN.

Ware occupied her bed and she sat near by. He crept down from his post of observation, and returned to his home at King’s mill without allowing anyone to know of the discovery that he had made.

A few days after this occurred, while under the influence of liquor, Roberts became garrulous and related to some of his friends the position in which he had detected his rival, and swore that he intended to be revenged if it took him a life time. No one regarded his drunken threats, and he was allowed to go unmolested.

On the 1st of January the body of Ware was

FOUND ON THE RAILROAD,

as related.

The supposition was that Roberts and Ware had met near that point the night before, and the jealous negro caught his rival and threw him on the railroad track, or, it might have been, tied him down to the rail, as bits of rope were found near the body when it was discovered next day, the ravellings of hemp, showing very clearly that rope had been used for some purpose connected with the murder of the deceased.

Two trains had passed over the body before it was discovered.

Henry Roberts was arrested[,] charged with the crime, committed to jail and tried before the April term of the superior court of Cleveland.

The evidence was entirely circumstantial, but the chain presented itself to the mind of the jury so complete that after a short absence they returned a verdict of guilty of murder in the first degree, and the court sentenced Roberts to be hanged on Friday the 24th of May.

Simon Robinson.

EXECUTION OF A NEGRO BRUTE.

PENSACOLA, Fla., May 25. — On the night of the 11th of last March, a negro named Simon Robinson, alias Simon Johnson, alias John Simons, entered the house of Mrs. Amanda Dawson (colored), during her absence, and outraged the person of her child, aged 5 years, using a knife to accomplish his purpose.

The following day he was arrested, and at his examination was identified by the child, which died that night, and Robinson was committed to await his trial at the April term of court, March 13.

Handbills were circulated, calling upon colored people to remember and avenge Amanda Dawson’s child, and asking what white people would do under similar circumstances.

That night the jail was attacked by a crowd, who were warned away by the sheriff, but soon returned with an increased force and demanded Robinson.

Upon the sheriff’s refusal to give him up the mob began firing upon the sheriff, and in the melee, two colored men were killed outright, another mortally wounded, and several others slightly.

At the April term of the circuit Robinson was found guilty of rape and murder, either crime of which is punishable in Florida by death, and sentenced by Judge Maxwell to be hanged.

The Governor fixed the date for May 24th. On yesterday the scaffold in the jail-yard was completed, and at half-past 11 this morning Sheriff Hutchinson led the prisoner onto the scaffold, where he was asked if he had anything to say.

He talked for about twenty minutes, his remarks consisting chiefly of supplications for mercy from heaven, and declarations that he was ready and glad to go home, etc. Upon being asked if he was guilty of the crime, he steadfastly maintained his innocence to the last.

At 12:04 p.m. the black cap was placed over his head, and at 12:08 the trap was sprung and the body of Robinson shot downward, having a fall of seven and a half feet. His neck was instantly broken, and at 12:15 he was pronounced dead.

The gallows was high enough above the jail-yard fence to allow a full view of the proceeding to the crowd, numbering from fifteen hundred to two thousand people present.

Robinson was a negro of no character whatever, his wife having left him about four years ago, after detecting him in an unmentionable crime. Since his execution it is reported he made a full confession last night, immediately after being baptized by his attending clergymen.

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1905: Ed Lamb, bully

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This date in 1905 was — in the title of the Manatee County Historical Society publication about the case — The Day They Hanged Ed Lamb in Braidentown/Bradentown/Bradenton.

It all started in the schoolyard.

Lamb’s son was the resident bully at the local Braden River School until one day that January he picked a fight with the son of Dave Kennedy and surprisingly got his — the bully’s — ass kicked.

Like many a child since, young master Lamb sent his problem up the generational chain of command. Ed Lamb, a mill hand, raised the beef with Dave Kennedy, a farmer, when the latter stopped by the mill a few days later to sell his wares, even menacing Kennedy with a knife.

But for the second time, a Kennedy went all lion on a Lamb and overpowered his antagonist. Enraged and embarrassed, Lamb stalked away to his nearby home, got a shotgun, and wasted Dave Kennedy. Masculinity: vindicated. Stunned bystanders allowed Lamb to escape.

Our Manatee County correspondent gives the surreal vignette from his own family history of the Kennedy children — being dismissed from school at news of the murder — walking home on a dirt road that very day and passing the disgraced Lamb family on a wagon with their possessions, heading out of town. “One of the children standing beside the roadway became frightened thinking that Ed Lamb would pop out fo the trunk at any moment.” He didn’t: Ed was on a lam all his own, and was recaptured the next morning and spirited away to Tampa to protect him from lynching. Lamb spent the months between his conviction and his execution harrying the local newspaper with letters entreating folks straighten up and get right with God, letters that notably failed to breathe word one of apology to the Kennedies.

The drop fell at 12 minutes past 12:00 non. But the rope slipped and the prisoner was raised a second time and shot into eternity. He was rendered unconscious by the first shock and never knew that he was let to fall a second time. His neck was broken by the second fall and he was pronounced dead by Dr. John Holten of Sarasota. He mounted the gallows cool and fearless and died without a murmur or a struggle. Inside the jail, 40 witnesses were in the jail when the execution took place, the gallows being inside the building. A few white people and a great many Negroes were congregated around the jail, but perfect order was maintained.

Lamb’s son, brother and sister-in-law were present when he mounted the scaffold, but were overcome and left before the drop fell. The doomed man kissed them goodbye and asked them to meet him in heaven. His wife was unable to come to the jail to see him for the last time. Was photographed. Lamb dressed himself for the scaffold with great deliberation. And at his request, was photographed after being attired for death. He talked freely. But in his last speech he said nothing about the crime for which he suffered. He said that he was willing to die. That he had made his peace with God and wanted all of his heirs to meet him in a better world. Sheriff Wyatt was cool and carried out his part well. The noose was adjusted and the black cap pulled down over the prisoner’s face. And the trap sprung that sent the murderer to meet his maker. The death warrant directed that the execution take place in private between the hours of 11:30 and 12:00, but the sheriff allowed the condemned man 12 minutes longer lease on life.

Manatee County paid Coursey and Barnett $16.70 for Lamb’s hangin’ suit, and paid J.W. Wilhelm & Co. $21.35 for his coffin.

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2013: Elmer Carroll, boogie man

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On this date in 2013, serial child molester turned murderer Elmer Carroll was executed by lethal injection in Florida.

Paroled to a halfway house in 1990 from his child molestation sentence, Carroll within months attacked a fifth-grader who lived in a nearby house — in Carroll’s description to another halfway house resident, the girl was “sweet, cute, and liked to watch him make boats.”

One night while Christine McGowen’s mother was working and her stepfather sleeping in the next room, Carroll crept into their Apopka home, stopped the little girl’s mouth with his hand as he raped her, then strangled her to death. Robert Rank found the girl the next morning when he went to wake her for school … and also found missing the truck that Carroll had stolen to escape. One could hardly commit a crime more suited to the studied melodrama of a state’s attorney:

By your vote, tell Elmer Carroll you do not deserve to live. There is nothing good about you. There is nothing but evil in you and you must die.

A small child sometimes will cry out in the night frightened by a shadow or a piece of wallpaper that looks like a monster and its parents will come in and say it’s okay, you don’t have to be afraid. There’s no monsters under the bed. There is no boogie man. There is no creature which stalks the night searching out children. It doesn’t exist. Well, ladies and gentlemen, those parents lie because, ladies and gentlemen, that is the boogie man right there. That is the creature that stalked the night and murdered a ten year old girl and he must die.

The other things in Carroll besides evil were organic brain damage and a gamut of mental illness symptoms that Carroll’s appellate team would unsuccessfully argue had not been sufficiently explored at his trial. Estranged from most of his family for many years before the murder, Carroll had no visits from relatives before his execution.

Part of the Themed Set: The 2010s.

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1865: The Jacksonville Mutineers

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On this date in 1865, six African-American infantrymen were shot in Fernandina, Florida, for the Jacksonville Mutiny.

Formed in 1863, the 3rd Infantry Regiment, United States Colored Troops served in the trenchworks around Fort Wagner — the grinding siege in the summer of 1863 that followed the bloody attempt to storm the fort immortalized in the 1989 film Glory.

The Third was subsequently transferred to Union-occupied Jacksonville, Florida for duty garrisoning a conquered town of the Confederacy whose white citizens chafed doubly at their presence. But the unit had weathered both the boredom of the garrison and the hostility of white Floridians, and was set to muster out and return home on Halloween of 1865.

All U.S. Colored Troop regiments were officered by white men, putting an inevitable racial tinge on the inherent potential tension between enlistees and their commanders — the triggering event in our story. Heading the Third was a fellow named John L. Brower, Lieutenant Colonel by rank courtesy of his political connections but of nearly no actual military experience.

Ohio National Guard Judge Advocate General Kevin Bennett, in his 1992 article about the mutiny,* calls Brower a “martinet”; elevated to command of the Third on September 12 for what should have been a mostly ceremonial interim, Brower delighted in enforcing stringent wartime discipline months after Appomattox. While no man welcomes the taste of the lash when he’s one foot out the door back to civilian life, excess discipline meted out by cruel white overseers was particularly bad form for Colored Troop regiments.

From the standpoint of black Americans, the war had been all about destroying slavery; they had practically had to force this objective, and their own presence,** into the conflict. Being strung up by the thumbs for petty theft — Brower’s decreed punishment for one of his charges on October 29 — was far too evocative of the hated Slave Power.

“Inexperienced officers often assumed that because these men had been slaves before enlistment, they would bear to be treated as such afterwards,” one white Colored Troop commander later remembered. “Experience proved to the contrary. Any punishment resembling that meted out by the overseers caused irreparable damage.”†

The inclination of black troops to reject servile treatment and the anxiety that this provoked among their officers and the larger white community must surely be read in view of the perplexing new conditions following the Civil War.

Even among whites who supported it in principle, slavery abolition meant an unsettling and uncertain rearrangement of civilization — or at least, it potentially meant that. Would the economy continue to function without slavery? Would the daily conventions and assumptions that had sustained whites north and south have to be entirely renegotiated?

“Once let the black man get upon his person the brass letter, U.S., let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on earth that can deny that he has earned the right to citizenship,” Frederick Douglass had proclaimed. Now that the war had finished, what else did those musket-toting sable fellows think they had earned the right to?

Press reports over the course of 1865 show a continuing theme of “Negro mutinies”: it is for wiser studies than this post to determine whether the trend such stories represent is disturbances among the black soldiery, or an exaggerated preoccupation among their white countrymen. In either event, Jacksonville was very far from unique even if the punishments were exemplary.


From the June 16, 1865 Cleveland Plain Dealer, concerning black soldiers on a steamer bound for Texas calling at Fort Monroe who, chagrined at the assignment, refused to permit the steamer’s resuming its journey.


From the June 19, 1865 Philadelphia Inquirer, concerning a company refusing to embark for Texas. “Certain evil disposed persons put it into the heads of these credulous colored soldiers that they were to be sent to Texas as servants for the white troops,” runs the report. “Doubtless some secret enemies of the Government instilled similar subtle falsehoods into the simple minds of the blacks who were disarmed at Fortress Monroe a few days ago.”


From the September 30, 1865 Daily National Intelligencer (Washington, D.C.), concerning a mutiny reported near Hilton, N.C.


From the Oct. 1, 1865 Daily Constitutionalist (Augusta, Ga.), reporting a disturbance begun when a black regiment demonstrated against a court-martial for one of their comrades accused (and acquitted) of stealing a hat.

In the midst of all of this — right about the time of the incident in this post, in fact — bulletins reached American shores of the Morant Bay Rebellion, a bloody rebellion of black laborers in British-controlled Jamaica. Slavery had been abolished on that Caribbean island more than 30 years prior: what did that uprising augur for the races in these United States?


Subtext becomes text: the Norwich (Conn.) Aurora, December 23, 1865. “The African released from restraint, and the passion of the savage provoked, will realize the scenes formerly witnessed in Hayti.” (The full article (pdf))

For our case, the name of the man punished like a slave is lost, but we do know what he did: steal some molasses from the kitchen. That’s how six of his comrades ultimately wound up looking down the barrels of their executioners.

A Lt. Greybill caught the greedy nosher and decreed a rough summary punishment, which the arriving Brower arrived helped to enforce on the resisting prisoner. “Tying up by the thumbs” was a brutal and humiliating treatment that lifted the man by those digits (often dislocated in the process) until only his toes remained on the ground, barely supporting his weight, and left him there for hours. In the film 12 Years a Slave, we see a man subjected to this sort of tiptoeing, but with a rope about the neck instead of about the thumbs.

Other enlisted men gathered around this pitiful scene, complaining about what they saw. A Private Jacob Plowden, who will eventually number among our day’s six executees, cried out that “it was a damn shame for a man to be tied up like that, white soldiers were not tied up that way nor other colored soldiers, only in our regiment.”

Plowden announced that “there was not going to be any more of it, that he would die on the spot but he would be damned if he wasn’t the man to cut him down.” Another private, Jonathan Miller, joined the incitement — “Let’s take him down, we are not going to have any more of tying men up by the thumbs.” A number of the black soldiers, 25 to 35 or so, began advancing on Brower and the hanging molasses-thief. Brower drew his sidearm and fired into them, wounding a man and sending the soldiers scurrying — some dispersing, but other dashing off to tents to arm themselves.

Several non-lethal fights now occurred in various spots around the camp between soldiers and officers, and eventually between the disaffected soldiers and arriving brethren from Company K, who had been summoned to calm the situation.

Lt. Col. Brower exchanged shots with several of the men who armed themselves, and in a bit of symmetry with the distasteful punishment that had started the whole mess, he had his thumb shot off in the process. One of the privates who had been heard complaining of the thumb-hanging, now playing peacemaker, grabbed the injured officer and escorted him to a safe building, warning some men who tried to pursue them to “stop their damn foolishness.”

Elsewhere, a Lt. Fenno sabered a protestor, and got bashed over the head with a fence-post in response. Neither injury was life-threatening to its recipient. Some shots were exchanged elsewhere in camp and/or fired demonstratively into the air, again to no fatal effect. And a Private James Thomas cut down the post where the source of all the disturbance, the fellow who just wanted an extra ration of molasses, was hanging.

This was the whole of the commotion, which Company K reinforcements soon quelled.

In a speedy series of court-martials lasting from Oct. 31 to Nov. 3, thirteen men were convicted of mutiny in this affair, and a fourteenth of conduct prejudicial to good order (his offense: not during the mutiny but after all was over, saying of Brower, “the God-damned son of a bitch, he shot my cousin. Where is he? Let me see him.”) A fifteenth man was acquitted. All 15 accused mounted their own defense, without counsel or aid — generally endeavoring to show that they had either not armed themselves or (and this was the decisive factor for the six whose conviction carried a death sentence) not fired their weapon.

The trial itself posed interesting procedural dilemmas, which Bennett explores at length in his article: first, because it was a mutiny case, the white officers of the Third who comprised the jurors were also, awkwardly, the brother-officers of the witnesses who testified against the mutineers.

And second, although the Civil War was over, Florida still technically remained in a state of rebellion, and this enabled the unit to convene a general court-martial, issue death sentences, and even carry them out without allowing any appeal to Washington. General John Foster gave the final approval to the sentences and transmitted case files to Washington after the fact; that was all the six condemned had by way of legal or executive review.

On December 10, he received a telegraph ordering him to suspend one of the death sentences in response to an inquiry raised by U.S. Senator Edgar Cowan: Cowan had been contacted by one of his constituents, who represented that Private David Craig, whom the constituent had raised from childhood, had written him complaining of his wrongful conviction. According to Sen. Cowan, the allegation was that Craig had been directed to collect arms from the mutineers as the disturbance came to an end, but was thereafter arrested in the confusion for being armed with the weapons he collected. But December 10 was nine days too late, and the late Private Craig’s case file disturbingly seems to have been lost from the National Archives.

The other five shot by musketry this date were:

  • Joseph Green
  • James Allen
  • Jacob Plowden
  • Joseph Nathaniel
  • Thomas Howard

Lt. Col. Brower only testified at one of the courts-martial, and was sent home almost immediately afterwards. He’d lost his thumb for his adventure as an officer and a gentleman, but between the original provocative punishment that he helped enforce, and then inflaming a tense situation by shooting at his soldiers, the brass was probably just as pleased to see him go as were his subordinates.

The non-executed mutineers who received prison terms (up to 15 years) had their sentences commuted following a review in 1866. The rest of the regiment mustered out as scheduled at the end of October, two days after the Jacksonville Mutiny.

* B. Kevin Bennett, “The Jacksonville Mutiny”, Civil War History, Volume 38, Number 1, March 1992. Bennett’s article is the source of all of the quotes in this post not otherwise cited.

** See I Freed Myself, or this podcast interview with its author, David Williams.

† See here for a fascinating instance of this at sea in June 1865, by the author of Becoming American under Fire: Irish Americans, African Americans, and the Politics of Citizenship during the Civil War Era

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1929: James Horace Alderman, Prohibition rum-runner

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On this date in 1929, James Horace Alderman, the “King of the Rum Runners” or the “Pirate of the Gulf Stream”, was hanged at a custom-built gallows at a Florida Coast Guard base.

Alderman grew up in Florida’s Ten Thousand Islands and therefore became at home on the sea — even taking Teddy Roosevelt out as a fishing guide at one point, according to Florida Pirates: From the Southern Gulf Coast to the Keys and Beyond.

But as he came into his own, his business on the high seas was smuggling, often Chinese immigrant workers trying to sneak into the U.S. from Cuba. It’s rumored that Alderman killed some of these people, too.

Either way, Prohibition made for a much more profitable racket hauling liquor from Caribbean manufacturers to the Everglades, where it could take a train ride and be distributed all the way up the Atlantic coast.

On August 27, 1927, a Coast Guard cutter stopped and boarded Alderman’s speedboat and seized fifty barrels of whiske. Even worse, Alderman shot two of the cutter’s boarders dead.

Alderman’s case might look pretty open and shut, but Floridians proved to be extremely resistant to hosting a federal execution. (The feds at this point generally administered executions in their own name, but at the execution sites of whatever state the malcreant happened to live with. Julius and Ethel Rosenberg, for example, simply died in New York state’s iconic electric chair.

The final judicial decision on this strange question so far from the long-ago deliberations at Liberty Hall came down like this: Florida’s facilities could be barred to the federal government, and that they should carry out the execution on nearby federal property. The U.S. Coast Guard was forced to build a temporary gallows for Alderman inside its seaplane hangar and base no. 6. (Here’s Alderman’s detah warrant, if you’re into that sort of thing.) A short drop from the platform led to an agonizing 12-minute strangulation.

Because Florida itself had only a few years prior ditched hanging in favor of the electric chair, Alderman’s execution was the last judicial hanging in (but not by!) the state of Florida.

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2005: Glen James Ocha, poorly endowed

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On this date in 2005, Glen James Ocha took a lethal injection on account of his tiny penis.

It’s true. Ocha on Ocober 5, 1999 picked up a Kissimmee, Fla., barmaid named Carol Skjerva and got her (consensually) into bed.

But Skjerva sent his manhood meter to half mast by busting on Ocha’s unimpressive junk and threatening to tell her boyfriend, who was probably the kind of guy who wouldn’t stand for another man rogering his girl with a mere gherkin.

It’s sad but true that we can’t all wear magnums, and probably most on the hung-like-a-mouse side of the spectrum would prefer not to broadcast the fact to the wide world. But here’s a tip it might have done Glen Ocha well to reflect upon: one good way of keeping strangers in the dark about the paltry dimensions of your John Thomas is not to get yourself arrested for strangling and beheading a woman who makes fun of the paltry dimensions of your John Thomas.

Adolescent chortling aside, this was obviously quite a horrible tragedy for Carol Skjerva, as well as the boyfriend (actually her fiance). Nor was genitalia the only compromised characteristic of the murderer, who was high on ecstasy at the time this all happened and had a history of psychiatric problems and suicidal ideation, all circumstances that comport well with Ocha’s decision to sit his victim’s decapitated head in his lap for a little post-mortem conversation.

This gentleman went right onto suicide watch in the prison, but they needn’t have worried: Ocha was more than ready to work within the system. He confessed to the murder, pled guilty at trial, and dropped all appeals past the minimum required by law, hastening his trip to Florida’s gurney. (Along the way he legally changed his name to Raven Raven.)

His final statement:

I would like to say I apologize to Carol Skjerva, the girl that I murdered, her family and her friends. This is the punishment that I deserve. I’m taking responsibility for my actions. I want everybody to know I’m not a volunteer but this is my responsibility I have to take.

(Meanwhile, he released a last written statement, reading “I unjustly took the life of Carol Skjerva. I have made my peace with my God and go now to face His judgment.”)

Florida Gov. Jeb Bush, a Catholic just as Ocha was, said he was actually prepared to delay the execution out of respect to the April 2 passing of Pope John Paul II. Ocha, the determined volunteer, had no interest in any delay.

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