On this date in 1874, Christopher Rafferty was hanged for the murder of Chicago Patrolman Patrick O’Meara, who was shot to death on August 4, 1872.
A fourteen-year veteran of the force, O’Meara was not the first officer of the Chicago Police Department to die in the line of duty — but he appears to be the first whose death brought about a legal execution.
The murder went down like this: Rafferty, a bricklayer by trade and a bit of a hard case despite his youth (he was 25), had participated in a riot the week before the shooting. Rafferty and two other men, one of them his brother, were arrested and then released on bail. Rafferty swore he was innocent and claimed a man named Donovan would support his story, but Donovan refused to provide him with an alibi. To pay him back, Rafferty tracked Donovan down and beat him with a brick. Donovan staggered to the police station, reported the crime and swore out a warrant against his assailant.
At a little after midnight, when O’Meara and his partner, James Scanlan, tracked Rafferty down at Daniel O’Brien’s Saloon at Halsted Street and 35th Place, the thug seemed to be in a good mood and even offered O’Meara a cigar. He seemed to cooperate when the two officers told him they had to arrest him, but then bolted for the door while simultaneously pulling a gun from his pocket and firing at the two policemen, hitting O’Meara in the chest.
O’Meara collapsed and bled out on the saloon floor. His last words were, “Stay, Chris, don’t shoot.” But Rafferty shot again, barely missing Scanlan’s head. After a struggle with Scanlan, he escaped into the night.
[O’Meara’s] coldblooded murder outraged Chicagoans. It was an atrocity further deepened by the fact that the killer had escaped. Local neighborhood folks took to the streets frantic with excitement following his murder, forming small posses that headed out to the prairie grass to hunt for the killer. Local police officials soon persuaded people to permit Chicago detectives to track Officer O’Meara’s murderer down themselves.
They caught him just a few hours later, walking in the fields on his way to Joliet. Rafferty was tried and convicted of the murder a month later, but his conviction was overturned twice on procedural grounds. His three separate trials and convictions are responsible for the long (for those days) wait between his arrest and his execution.
He met his death calmly and without a struggle, sleeping “as peacefully as a child” in the hours before his predawn hanging. His father was permitted to visit him shortly before the execution, and two priests accompanied him to the scaffold. His was the last public hanging in Lake County.
Just before he was hanged, Rafferty (or someone using his byline) penned the following ballad, which looks a shameless rip-off of one already floating about for the years-ago execution of James Rodgers*:
Come all you tender Christians, I hope you will draw near,
And likewise pay attention to a few lines I have here.
For the murder of O’Meara, I am condemned to die,
On the 28th of February, all on the gallows high.
My name is Chris Rafferty, that name I never denied,
I left my aged parents in sorrow for to cry.
Oh little did they think in my youth and bloom
That I would come to Chicago to meet with my sad doom
My parents reared me tenderly as plainly you may see
Constantly good advice they always gave to me.
They told me: quit nightwalking and shun bad company
Or State’s Prison or the gallows my doom would surely be.
Scanlan and O’Meara, they came in a saloon.
They said to me, “Chris Rafferty, we want you right soon.”
It was then I pulled that fatal pop and shot him through the heart
Which leaves a loving wife and husband for to part.
On the day of my trial it would pierce your heart to see
My companions and associates they were all standing by.
I bid them take a warning by my sad fate,
And to leave out their nightwalking before it was too late.
O’Meara left behind a wife and five children. As for Rafferty’s family, the Chicago Tribune claimed they were left “in destitute circumstances: that the father is aged, the mother blind, the sister insane, the brother has fled, that the family were supported by the labor of the two sons, and, deprived of this, are now in distress.”
On this date in 1906, “with terror stamped on his colorless face and almost in a state of collapse,” Richard Ivens hanged for a murder that remains to this day an unsettling indictment of witness reliability — even when it is his own crime the witness describes.
The tenor of the crime and of its consequent sensation — a Chicago society matron sexually assaulted by a young hoodlum who proceeds to garrot her with a wire — is readily apparent in the headlines of the day; editors from coast to coast plunged into their thesauruses to titillate their subscribers with the most bombastic invective
Baltimore American, Jan. 14, 1906.
As this image also indicates, Ivens confessed soon after he was detained. (He reported finding, or “finding”, the body to his father and the two of them went to the police; the police immediately detained the youth, separated from Ivens pere.)
Usually, a confession is the “and shut” part of an open-and-shut case. Indeed, for most of human history, given a paucity of useful forensic evidence, legal cases have come down to eyewitnesses and confessions: hence the formalization of torture as part of the investigative process courts of bygone years.* A perpetrator’s own testimony against himself is the evidentiary gold standard.
Today, this long-unquestioned bedrock of criminal justice is dissolving. A quarter or more of the wrongful-conviction exonerations from death row have been cases involving false confessions; witness testimony by victims or third parties has frequently been shown to be unreliable. Our behavioral models once implied that the brain stored memories like a faithful photograph, a view suggesting that witnesses could be either accurate or liars without much room in between. Today, it’s ever more widely understood that memories are constructed, and reconstructed, amid the interpolations of fragmentary data and the subtle feedback of others’ suggestion and influence.
But Ivens put this idea to the test more than a century ago. Backed by friendly alibi witnesses who placed him away from the scene of the murder, Ivens recanted his confession and “declared that the police locked him up in a room at the police station with a number of officers and that their questioning so confused him that he said ‘yes’ to everything they asked him.”**
Perhaps this was just the gambit of a desperate defense counsel with few cards to play. But it did briefly make the Ivens case a referendum on the reliability of the confession.
Ivens intimated that the circumstances of his interrogation might have intimidated him into confessing, but his subsequent claim to have no memory at all of those events led a defense “alienist”, J. Sanderson Christison, to argue that the whole story of the crime had been planted in his mind when he was in a hypnotic state.
According to Christison, this Chicago Tribune photo of the accused a few hours after his arrest “shows the hypnotic expression of face in passive attitude.”
Christon’s pamphlet excoriating the way the young man was handled makes interesting reading. Titled “The ‘Confessions’ of Ivens”, its core thesis that Ivens was “dominated by police statements” is a strikingly forward-thinking one.†
we find in the “confessions” a mixture of fact with “suggested” fiction … he was first forcefully charged with the crime in a brutal manner and after being confounded and subjugated, a current of leading questions were put to him on a stupid police hypothesis, so that the first “confession” is composed of a few vague and contradictory statements. And it is both evident and acknowledged that all the other official “confessions” are the products of question suggestions, almost entirely.
For Christison, Ivens was a dull and easily controlled personality; the doctor’s explication of “hypnosis” suggests to modern eyes a laughably Mephistophelean sleepy, verrrry sleeeeepy caricature. But maybe we would do better to view it as the best framework available in 1906 to grasp the incomprehensible circumstance of a person accusing himself of a crime: the most ready illustration of outside influences entering the mind. A century later, we are only just now developing an understanding of wrongful confessions that might be shared widely enough to speak with mutual understanding about disorientation, suggestibility, leading questions, confirmation bias, and the malleability of memory.
But by any name, the notion was not ridiculous to Christison’s peers.
Christison consulted with Hugo Munsterburg, the German-American psychologist credited with founding the field of forensic psychology: Munsterburg shared Christison’s opinion, and expounded on it (without mentioning Ivens by name) in his subsequent magnum opus On The Witness Stand:
the accused was hanged; yet, if scientific conviction has the right to stand frankly for the truth, I have to say again that he was hanged for a crime of which he was no more guilty than you or I, and the only difference which the last few months have brought about is the fact that, as I have been informed on good authority, the most sober-minded people of Chicago to-day share this sad opinion.
I felt sure from the first that no one was to be blamed. Court and jury had evidently done their best to find the facts and to weigh the evidence; they are not to be expected to be experts in the analysis of unusual mental states. The proof of the alibi seemed sufficient to some, but insufficient to others; most various facts allowed of different interpretation, but all hesitation had to be overcome by the one fundamental argument which excluded every doubt: there was a complete confesslon. And if the sensational press did not manifest a judicial temper, that seemed this time very excusable. The whole population had been at the highest nervous tension from the frequency of brutal murders in the streets of Chicago. Too often the human beast escaped justice: this time at last they had found the villain who confessed — he at least was not to escape the gallows.
For many years no murder case had so deeply excited the whole city. Truly, as long as a demand for further psychological inquiry appeared to the masses simply as “another way of possibly cheating justice” and as a method tending “towards emasculating court procedure and discouraging and disgusting every faithful officer of the law,” the newspapers were almost in duty bound to rush on in the tracks of popular prejudice.
[I]f I examine these endless reports for a real argument why the accused youth was guilty of the heinous crime, everything comes back after all to the statement constantly repeated that it would be “inconceivable that any man who was innocent of it should claim the infamy of guilt.” Months have passed since the neck of the young man was broken and “thousands of persons crowded Michigan Street, jamming that thoroughfare from Clark Street to Dearborn Avenue, waiting for the undertaker’s wagon to leave the jail yard.” The discussion is thus long since removed to the sphere of theoretical argument; and so the hour may be more favourable now for asking once more whether it is really “inconceivable” that an innocent man can confess to a crime of which he is wholly ignorant. Yet the theoretical question may perhaps demand no later than tomorrow a practical answer, when perhaps again a weak mind shall work itself into an untrue confession and the community again rely thereon satisfied, hypnotised by the spell of the dangerous belief that “murder will out.” The history of crime in Chicago has shown sufficiently that murder will not “out.”
It is important that the court, instead of bringing out the guilty thought, shall not bring it “in” into an innocent consciousness. Of course in a criminal procedure there cannot be any better evidence than a confession, provided that it is reliable and well proved. If the accused acknowledges in express words the guilt in a criminal charge, the purpose of the procedure seems to have been reached; and yet at all times and in all nations experience has suggested a certain distrust of confessions.
Munsterburg wrote this under the heading of “Untrue Confessions” but he did not exempt himself from susceptibility to the hypnotic tricks of the mind: Munsterburg himself once found his house burgled, and realized that the evidence he subsequently gave about what he found was wildly inaccurate. “In spite of my best intentions, in spite of good memory and calm mood, a whole series of confusions, of illusions, of forgetting, of wrong conclusions, and of yielding to suggestions were mingled with what I had to report under oath, and my only consolation is the fact that in a thousand courts at a thousand places all over the world, witnesses every day affirm by oath in exactly the same way much worse mixtures of truth and untruth, combinations of memory and of illusion, of knowledge and of suggestion, of experience and wrong conclusions.”
We do know at a minimum that Ivens was being interrogated alone for a number of hours by officers who evidently presumed him to be guilty. Right down to the present day, any number of fully cogent adults (many still languishing in dungeons as I write this) have falsely implicated themselves in terrible crimes during similar confinements, under manipulative interrogation techniques evincing much more interest in getting to “yes” than probing truth. (Just one of many reasons we caution the reader against ever talking to the police.)
Lexington Herald, March 20, 1906.
The Richard Ivens case, needless to say, is impossibly cold. It is quite difficult from several generations’ distance to form a convincing affirmative confidence in Ivens’s innocence. But as all those involved for good or ill have gone to their own graves too, perhaps it is enough for us to leave that door open just crack — enough to let in the humility before we print a man’s epitaph.
Wilkes-Barre Times, June 22, 1906.
* Of relevance: a suspect tortured into a confession was usually required to repeat the confession free of torture in open court in order for it to count. Such people did sometimes refuse to do so and even blame the torture for having given a previous incriminating statement; the standard reward for such reticence was, naturally, more torture.
** Baltimore American, March 20, 1906. This is the Chicago Police Department we’re talking about.
† Christison is also noted for theories about the shapes of the ears as criminal indicators, and the pamphlet explicitly cites Ivens’s phrenological characteristics as exculpatory. We all have our hits and our misses.
Yesterday being the day appointed for the execution of the murderers of Jacob Barth, we dispatched one of our Assistants to Edwardsville, in order that from personal observation we might be able to correctly report the proceedings of this melancholy occasion at the earliest moment. The following is as full and concise a sketch as could be prepared after his return late yesterday evening, and contains, we believe, all the particulars in which our readers would likely feel an interest.
The Day and The Crowd
The weather was very favorable, the day being mild and pleasant. The sun shone clear and warm, but not oppressively so; the recent rains had settled the dust, but had not made any mud, and the roads were consequently in good traveling condition. The rarity of capital executions in this part of the country, together with the recent and very exciting history of this case, conspired to draw out a tremendous crowd of people to witness this the last and severest penalty of the law. It was estimated that there were between seven and eight thousand persons present, some of whom had come from a distance of fifty miles. They were of all ages, sexes, conditions and complexions. A large portion of them were Germans* — friends, relatives and countrymen of the murdered man. Very much to our surprise, mortification and sorrow, we observed a large number of females among the spectators — we say “females,” for we scarcely feel at liberty to designate them as either women or ladies, for we have always thought, and had good reason to think, that every feeling and attribute of a true woman’s nature would generate in her bosom an unconquerable repugnance to voluntarily witnessing any such revolting scenes under any circumstances in the world. Many of the females who were at the place of execution yesterday, and who witnessed the infliction of the dreadful death penalty with the same coolness and indifference as the men generally manifested, were young, and would have been pretty anywhere else and under ordinary circumstances. Why they attended, or what could have induced them to be present at all, we cannot possibly conceive; and in recording the fact that they were there, we feel that their loving, and noble, and gentle sex is by that fact disgraced.
It is already known to our readers that Robert Sharpe, the younger of the two brothers condemned, has been sent to the State’s Prison for life, under commutation of sentence by Gov. Bissell. The other two – George W. Sharpe, tried and condemned under the name of George Gibson, and John Johnson, who, until after his trial bore the false name of Edward Barber — have been closely attended by Rev. E. M. West and other clergymen, and have appeared to be truly penitent for their crimes. For several days before their execution, they both seemed fully resigned to their fate, and prepared to meet and try the dread realities of eternity; but yesterday morning Sharpe yielded to despondent and despairing feelings, and seemed to suffer dreadfully with fear and terror during the last few hours of his life. The prisoners were both young, heavy set, and rather good-looking men. They evidently had been possessed of healthy and vigorous frames, capable of performing much labor. In preparation for the last scene of their lives. Sheriff Job had arrayed the unfortunate men in very neat suits of clothing, of the ordinary style and fashion, and of perfect snowy whiteness in every particular; they were also cleanly shaved and looked extremely well. Sharpe had two sisters and two brothers, including the one now in the Penitentiary; Johnson had four sisters and four brothers; the parents of both are all living yet; but no relative or even acquaintance who knew them before they committed the murder was beside them in their last trying hour.
At half past one o’clock the Sheriff placed the prisoners in a neat and comfortable hack which had been provided, and in which they were conveyed at a slow pace to the place of execution. The carriage was escorted by a portion of the Madison Guards, under command of Captain J. Sloss, fully armed and equipped. A large concourse of spectators followed, but observed good order and decorum. The procession passed along the main street of the town, through its entire length. The prisoners occupied themselves in singing and prayer all the time after they left the prison.
The spot chosen for the execution was in a ravine east of town, and on the County Poor House Grounds. The scaffold was a neat and substantial structure, as perfectly adapted to its use as anything could be. It was surrounded by rising ground in every direction, so that every person in the vast assemblage could obtain a perfect and near view of the awful tragedy. An area had been laid off by a temporary enclosure, which was guarded by a detachment of the Madison Guards, under command of Lieut. J. G. Robinson, no one being allowed to enter without the permission of the Sheriff.
The Scene at the Scaffold
After those whose duty or privilege it was had ascended to the platform of the scaffold, Sheriff Jon briefly addressed the assembled multitude. He said he was there in his official capacity to perform an unpleasant duty, in executing upon two of his fellow men the severest penalty provided by our laws for the violation of its enactments. Exceedingly unpleasant as was this duty, it was yet a duty, and should be faithfully performed. The example thus set ought not to be lost upon those who had come to witness it. The persons — and specially the youth — of that vast assemblage should take warning from the terrible fate of the two young men so soon to be hurried to the dread presence of an offended God, and avoid the crimes that so justly and so certainly lead to this terrible end. Rev. E. M. West then spoke at some length in explanation of the manner in which and the reasons why the commutation of the sentence of Robert Sharpe had been petitioned for and granted. We cannot possibly give even a skeleton of his remarks in this issue; perhaps we may do so tomorrow. Mr. West then closed with a brief and earnest admonitory exhortation suited to the occasion. The Sheriff then extended a permission — even an invitation — to the prisoners to address the audience, of which Johnson immediately availed himself. He said he stood before his hearers a cold-blooded murderer, of which crime he had been found guilty, and for which he was soon to be so terribly yet so justly punished. In a few minutes, he and one of his companions in guilt would be suddenly launched into eternity, and sent into the presence of the great God whose laws they had violated, with the blood of their victim yet red upon their hands. But he had a humble hope that he had made his peace with God, and that although his crime had been great, his salvation was sure. His soul was at peace; he had no malice in his heart, and he was ready and willing to meet the Judge of all the earth. His punishment although terrible was just, and he was prepared to meet it. If he had remained at home during his early youth and obeyed the pious instructions of his mother, he would not now have been on the scaffold a condemned murderer. He hoped all the youth who heard him would take warning by his example, he influenced by the counsels of their good and pious mothers, keep out of bad company and bad habits and thus avoid the terrible fate that had so soon overtaken him Johnson spoke with much feeling and earnestness and manifested deep emotion while speaking. His remarks were very appropriate to the occasion, and were listened to with respectful attention. Sharpe seemed to desire to speak but was so overcome with the horrors of his situation he was unable to do so. Rev. J. B. Corrington then addressed to the audience a few very appropriate remarks. He had once thought that a saving repentance in view of the certainty of death was almost if not quite an impossibility, but in the two interviews he had had with the condemned in prison, he had received grounds for hope that their repentance was thorough and sincere, and of course acceptable. He hoped, however, none of his hearers would trust their salvation to a death-pending repentance. We have positive evidence of the efficacy of but one such; and God had placed this one case on record in His Holy Word that none might despair, and but the one that none should presume. Mr. Corrington closed with a brief but earnest and heart stirring prayer, in which the prisoners, standing and with clasped hands, joined audibly.
The prisoners then shook hands with and took an affectionate leave of each other, the Sheriff and his deputies and the attending clergymen. Johnson seemed perfectly composed and met his fate without exhibiting the least symptom of fear or even regret. He stood erect and without trembling, retained the ruddy natural glow of health in his face, and as much firmness and calmness of mind as in an ordinary business transaction. Often he would clasp his hands, and a smile of apparently perfect happiness would overspread his features. He seemed perfectly willing — even anxious, for his last moment to come. When the Sheriff told them to step on the drop, he turned to his companion and said, “George, which side would you rather stand on?” Sharpe was terribly affected, and was really a pitiable object to behold. His eyes seemed to have almost lost all expression, and exhibited nothing but a glassy, death-like stare; his face was ashy pale, and showed no color save a livid purple hue; his hands were alternately and convulsively clasped and raised in supplication, and he constantly gave utterance to heart-rending moans or incoherent prayers. When requested to step forward upon the drop, he obeyed, exclaiming, “O Lord! have mercy on me! I dare not die! I’m afraid I’m not prepared!” The ropes were adjusted round their necks, their arms were pinioned together across their backs, their hands tied, white muslin caps were drawn over their heads, and when all was ready, at a single stroke, Sheriff Jon severed the cord which held the supporters of the drop, and in an instant the unfortunate murderers were suspended in mid air in the agonies of death. They both struggled very much for more than a minute. In about two minutes after, they fell, Johnson ceased to manifest any signs of life. Sharpe continued to struggle, though less and less, for full five minutes. The knot of the noose had slipped round to the back of his head, and the fall had failed to break his neck; he therefore lived until he was literally choked to death. They both fell about five feet, and if the knot had remained in the right position, his neck would have been instantly broken, of course. After having hung full thirty minutes, the bodies were taken down, placed in handsome walnut coffins, and decently buried. Too much praise cannot be awarded to Sheriff Jon for the kind and considerate, yet firm and prompt manner in which he discharged the unpleasant duty that devolved upon him. The independent, manly and conscientious course he has pursued during the exciting and trying scenes that have occurred at our county seat during the past few weeks has won for him a still greater share of the popular favor of his constituents of which he before enjoyed so much.
* The victim was German; the young men, deep in their cups, murdered him because they took umbrage at Barth’s refusing them a ride. According to the New York Daily Tribune (May 29, 1857), a mob of some 400 lynch-minded Germans assembled in Edwardsville when the accused were granted a change of venue to a more “American” county — and even went so far as to throw up a gibbet before the Sheriff Job who eventually conducted the legal execution dissuaded his immigrant neighbors from effecting an extrajudicial one.
** Bissell was the first Republican governor of Illinois: in fact, one of the first Republican elected officials anywhere. He had previously distinguished a term in Congress (he was elected as a Democrat, before the 1854 founding of the GOP) with his naked contempt for the South’s delegates. For having the temerity to rebut exaggerated claims of Mississippian valor in the Mexican-American War, Bissell at one point prompted the future Confederate president Jefferson Davis to challenge him to a duel: surprisingly (to Davis) Bissell accepted, but word of the affair circulated in Washington and the sectional hotheads were made to cancel their rendezvous.
Here’s an 1858 letter to Bissell by Abraham Lincoln seeking (successfully) the pardon of two Logan County men convicted of stealing a few hogs.
(Thanks to Ramicles, the pseudonymous 19th century Chicago correspondent of the Providence Press, for this eyewitness account of a December 15, 1865 hanging of two hired assassins. It appeared under a December 16 dateline in that paper’s December 21, 1865 edition. -ed.)
I have promised the numerous readers of the EVENING PRESS a description of a death scene, and I will keep my word. But believe me, it is no welcome task; my heart is not in it. On my mind one solemn moral is impressed — one moral only: the terrible reality of crime, the terrible reality of punishment. One naturally follows the other, as night follows day.
At the hour of three, lacking ten minutes, on yesterday afternoon, I saw two men, William Corbett and Patrick Fleming, take a formal farewell of this world and enter an untried existence. Those who love to linger on the few hours which the wretched men passed, in the anticipation of that final scene, may do so. I will not. They knew that they had incurred the law’s extreme penalty, and must suffer that penalty. There is a disposition on the part of doomed men to “die game;” and much of the apparent heartlessness is bravado only.
As I have said in a former letter, Fleming has for several days seemed indifferent or defiant. Whether he had faint hopes of pardon, I know not; but there seemed to be something in his manner that showed his reliance to some extent on the mobid [sic] humanitarianism of the age, (as exhibited in the case of the Malden murderer Greene,) and had not finally made up his mind for death.
Those who had not made human nature a study, were therefore unprepared to see the difference in demeanor of the two men, on the scaffold. Corbett, who, since his sentence, has seemed to realize his solemn situation, and has been much depressed, because, as his last moments drew near, cheerful and even jubilant, and the gloomy Court House echoed his hilarious merriment, which was startlingly horrible, as wild laughter wakened in the throat of death. There is something grotesquely awful in hearing a man laugh while the rope is around his neck. (The Republican reporter styled that death “ecstacies!” [sic] I had always supposed that ecstacy was less boisterous; but I am ready at all times to receive new ideas and novel definitions. — Who ever knew a man in Chicago to be wrong? “If any, speak, for him have I offended.”) The conduct of Flemming [sic] was in striking contrast. He seemed chilled with the thought of death, and was so lost in contemplation that he scarcely heard the voice of the clergyman admonishing him to pray.
He indeed repeated the words of the prayer, but so unconsciously that it seemed only mechanical. His eyes were vacantly staring, and his countenance was ghastly in its expression of deadly fear. Was that gaze fixed on vacancy alone? Was it a retrospective vision of the soul gazing on itself, and with reversed sight recalling all the past — the hours of childhood — the fleeting moments of early manhood — the years whose only noteworthy incidents were damning deeds of midnight robbery — that night of blood — that death-cry of his victim — the fatal shot — the flight — the vision of justice and the avenging Nemises [sic] following his track — the arrest — the trial — the death sentence, and the lingering death of expectation preceding its infliction? Or was there one more torture? Was his the gift of prescience, and the power to look beyond the Shadow of the Dark Valley, and was it what he there saw that transfixed him into a statue of cold horror? Who shall say?
Those were my reflections when I looked on the miserable man; and I unconsciously repeated to myself the heartfelt words of the psalmist: “Cut me not off, O, my God, in the midst of my days!”
I shuddered as I thought that the doomed one might be silently repeating the same prayer, and II, by mesmeric rapport or sympathy, had caught up his inaudible petition. Then came another hideous laugh from the lips of Corbett — a few hasty words of farewell — a slight gliding sound as the well oiled bolts slid swiftly back — and two forms shrouded in white cloth were spasmodically struggling with death. The drop was located in the east wing of the Court House, the trap being constructed in the floor. After the two surgeons in attendance had pronounced them both dead, the bodies were lowered into the coffins, as usual, and a few had a curiosity to look at the faces. Singular as it may seem, Flemming had undoubtedly suffered the least pain of the two. The features were somewhat distorted and discolored. But Corbett’s face was a sight such as one would look on but once, and wish to efface [sic] the memory of that one look, and think of it no more forever. The tongue protruded fearfully from the mouth, and the teeth had bitten through it, in that last agony of dissolution. Truly is an execution a moral lesson which no one may witness without a thrill of horror whatever one may think of the theory of capital punishment.
There was one fact in connection with the affair, which I cannot understand. The widow of the murdered man repeatedly made application to the Sheriff for permission to see the hanging and it was refused. At an early hour I saw a lady dressed in deep mourning standing at the Court House gate and I was informed that it was Mrs. Maloney. After all was over, she still stood there, shivering in the intense cold, the bitter freezing cold. It appears some one had told her that the men who had murdered her husband and left her desolate, would be reprieved, and that only increased her anxiety to see the sentence of the law fulfilled.
Hour after hour she waited, while stout men, wrapping more closely their overcoats and mufflers around them, hurried on more rapidly as they felt the keen blast which swept across the square. Several times she was assured that the criminals were hanged; but she refused to believe it, till an acquaintance in whom she had confidence told her, and then with an expression of relief and satisfaction on her face, she suddenly left for home, and I saw her no more. Poor woman! the wrong done her and her child had been avenged. Justice had vindicated itself. Who shall say but half the sorrow of bereavement was lifted from her heart by the knowledge that the slayers of her husband had tasted the bitter waters of death, held to their unwilling lips by the hand of Retribution? Why was it that the satisfaction of witnessing the punishment was denied her? I may be wrong, but I only repeat the sentiments of many men here and elsewhere when I say: Hangings should be public.
I have heard and read many objections to public executions; but I am convinced that whatever may be said of the rude and brutal deportment of the crowd — the levity — the profanity, &c. &c., I am convinced that no man ever saw an infliction of the Death Penalty, and forgot it. Men may read the long accounts given by newspaper reporters, but the reality beggars description. The reader can get but a very poor idea from the most graphic account, and like any other item of news, it is not long remembered. If the grand object is to warn men, by impressing on their minds the terrible consequences of crime, then that warning should be given in the most public manner possible.
When I commenced this communication I had no thought of making a plea for the gallows; and I will only say, that until some more fearful mode of punishing the crime of murder can be invented, hanging commends itself to the approval of reflecting people. It is a severe remedy, but it is the only effectual one; and those individuals who oppose capital punishment so zealously, may easily find other ways to vent their sentimentalism. Sympathy for those whom crime has injured would be better placed than sympathy for criminals. You will hear from me on this subject no more until Jeff. Davis is hanged, and then I shall probably have some comments to make, as I shall endeavor to “be there to see.”
On this date in 1881, a mob of 5,000 shouting imprecations against the courts spent two hours breaking open the jail in Bloomington, Illinois, then hauled out a horse thief named Charlie Pierce* and lynched him to an elm tree at the corner of Market and Center.
Pierce’s offense wasn’t so much the horse-and-buggy theft from a weeks prior — the crime for which he was arrested — as making an impulsive and extraordinarily foolish escape attempt that entailed grabbing the sidearm of a well-liked jailer named Teddy Frank and shooting him dead. Rushing to the scene, the sheriff disarmed an unresisting Pierce who perhaps was already beginning to apprehend the possible consequences his rashness would visit on him that very night.
Now, murdering a lawman was typically just about the best way to appear before the bar of Judge Lynch this side of sexual assault. And it may have been that folks in McLean County were just spoiling for a bout of vigilante justice anyway; the local paper Pantagraph had reported that June that such “excitement prevails” against two other criminals that “it is not improbable they will be lynched.”
They weren’t, but according to a 2010 recap of the still-notorious Pierce hanging written by a McLean County Museum of History archivist, matters were exacerbated by the autumn by an Illinois Supreme Court ruling reversing the conviction of another Bloomington murderer.** And Pierce’s end came just two weeks after the U.S. President finally succumbed to the bullet that a madman had pumped into him months before.
A flash mob of infuriated citizenry had the jail surrounded by 8 o’clock, 90 minutes or so after Pierce shot Frank.
“Special despatches from Bloomington, Ill., give graphic details,” ran wire copy that generally expressed special shock at the participation of “the best citizens … in the front ranks of the lynchers. Leading business men cheered and encouraged the lynchers, and women waved their handkerchiefs in approbation.” (Philadelphia Inquirer, Oct. 3, 1881)
These bloodthirsty local grandees ran up against — and in this instance prevailed over — the growing sentiment among respectable elites that such carnivals tarnished the majesty of the law. In some cases, that was pretty near the very point of them; hooting onlookers were reported to have shouted things like “Justice and the courts are a farce!” and “We have seen too much of court quibblings!” For any observer in his wits it was manifest that such hot blood would bend towards anarchy if given free rein.
A police officer managed to cut down Pierce as the three-quarter-inch manila hemp gouged into his neck, but the miscreant was strung up a second time and “upon [the officer’s] attempting to repeat this act of bravery he came near being killed.” The fire department was summoned to disperse the mob with hoses but was also forced to retreat. And the area’s delegate to the U.S. Senate as well as a state’s attorney pleaded with the mob to let the courts handle Mr. Pierce.
By way, maybe, of retort, a placard appeared the following day on the late Charlie Pierce’s lynch tree reading
McLean, Illinois — Ax-man, ax-man, spare this tree, and never touch a single bough; and may God spare this elm tree forever to grow to mark where the first justice to a murder ever was done in McLean County, and may the good people stand by the boys that did it. (The Daily Inter Ocean (Chicago, Ill.), October 3, 1881)
It’s the only lynching in McLean County’s history.
* It transpired that Pierce’s actual surname was Howlett. He hailed from Mount Pleasant, Iowa.
** Patrick “Patsey” Devine, the beneficiary of that ruling, would be convicted again and hanged in 1882. He was feared in danger of joining Pierce on the lynch tree this night, but the mob gave him a miss.
(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. 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.)
The hour of departure has arrived and we go our ways, I to die and you to live. Which is better God only knows.
— James Dukes, convicted of murder, electric chair, Illinois.
Executed August 24, 1962
Dukes was executed for killing Detective John Blyth Sr., who had pursued him after he had beaten his girlfriend in church and shot two other men who tried to stop him. On Dukes’s execution day, Detective Daniel Rolewicz, who took part in the final gun battle, told a newspaperman, “I’ve been waiting a long time for this night.”
Dukes made no oral statement but left behind a copy of the Apology for the press.
A sort of social bandit for the Prohibition era, Birger was born Shachna Itzik Birger to a Russian Jewish family that immigrated to the U.S.
Birger was a young saloon-keeper on the make when the U.S. decided to make a go of its first foolish drug war, Prohibition. And in the immortal tradition of drug wars, it made the enterprising purveyor a whole lot richer, and a whole lot violent-er.
This cinematic affair of armored car shootouts, aerial bombings, and gangland assassinations comes off with verve in A Knight of Another Sort: Prohibition Days and Charlie Birger. The bon vivant Birger, bursting with charisma, entertains at his gin joint, aids the misfortunate, corrupts the police, and merrily mobs up Williamson County.
That story reached its conclusion when Birger was arrested for ordering the murder of Joe Adams, mayor of a nearby town who had taken the Shelton Gang’s armored “tank” car in for repairs.
Birger said he hadn’t actually done that, but he went to the gallows grinning, and humorously chatted up reporters before the big show — cementing his myth with that legend-quality indifference to death.
“I’ve played the game and lost, but I’ll lose like a man,” Birger philosophized. “I’m convicted of a crime I didn’t commit, but I’ve committed a lot of crimes. So I guess things are even. We got too strong against the law, and the law broke it all up.” (From the Chicago Tribune, April 20, 1928.)
Birger shakes hands with so-called “humanitarian hangman” Phil Hanna.
Birger insisted on hanging in a black, not a white, hood — owing to his hatred of the Ku Klux Klan.
Birger is still a legend in southern Illinois, and a live one at that: he’s been in the news lately due to a weird custody fight over the rope used to hang him.
This macabre historical memento also happens to be the last rope ever used for any public execution in Illinois.
(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.)
“It looks pretty dark, but if I have to, I guess I can take my medicine.”
-Morris Cohen, convicted of murder, Illinois. Executed October 13, 1933
A thirty-eight-year-old barber, Cohen got the electric chair for the murder of Officer Joseph Hastings during a robbery attempt at Chicago’s Navy Pier. A secondary headline in the Chicago Daily Tribune read “Record for Speedy Justice Is Set.” He had been executed less than two months after the crime.
Hanging has been the legal method of execution in the state of Illinois for 106 years, the first execution in the state being held at Belleville on September 3, 1821, when Timothy Bennett paid the penalty for murder resulting in a duel in which Timothy [sic — the rest of the article refers to the victim as “Alphonso”] C. Stewart was killed.
According to the account appearing in an old history of St. Clair county, now in the state historical library, Timothy Bennett and Alphonso C. Stewart became involved in an argument while under the influence of liquor, on February 8, 1819, at Belleville. Friends interfered and sought to effect a reconciliation, but their efforts were unavail[ing]. Finally it was agreed to arrange a sham duel in the belief that the ridiculous issue would bring the two participants to their senses.
“The duel was arranged,” the account reads. “Jacob Short and Nathan Fike acted as seconds. When the word was given and the rifles discharged, it was proven the ‘sham’ duel was fought with powder and lead-at any rate Alphonso C. Stewart fell to the ground mortally wounded.
Special Session in Court
“Timothy Bennett was arrested and so were the seconds, Short and Fike. A special term of the circuit court was held March 8, 1919 [sic], under a special law of the legislature to hold said term. The officers of the court, John Reynolds, judge; John Hay, clerk, and W.A. Beard, sheriff, were all appointed by Governor Shadrack Bond.
“The grand jury found true bills of indictments for murder against Bennett and the two seconds after hearing the testimony of Reuben Anderson, James Parks, James Kincade, James Reed, Daniel Million, Ben Million, Peter Sprinkle and Michael Tannahill.
“When the case was called for trial the sheriff reported that Bennett had broken jail and was at large. Short and Fike had their trial in June 1819, and were acquited [sic].
“Bennett was captured and jailed about July 1, 1821. A special term of court was held July 26, 1821. The grand jury found a new indictment against him for the same offense
Trial Starts Immediately
“Bennett was put on trial July 27, 1821, before Judge Reynolds and a jury. The jury rendered a verdict July 28, and found the presoner [sic] guilty. He had entered a plea of not guilty.
“The court then proceeded to pass sentence upon him in the following words:
“And it being demanded of him if anything for himself he had or knew to say why the court should not proceed to pass sentence upon him, he said he had nothing more than he had before said. Therefore it was considered by the court that he be hanged by the neck until he is dead, and that the sheriff of the county do cause execution of this judgment to be done and performed on him, the said Timothy Bennett, on Monday, the third of September, next, between the hours of ten in the forenoon and four in the afternoon at or near the town of Belleville.”
“Neither Bennett nor his friends believed that this awful sentence would ever be executed. The latter made strenuous efforts to have him pardoned. Failing in this, they tried to have the sentence commuted. But the governor remained firm and against all entreaty.
“On the day appointed for his execution, Bennett was hanged near West Belleville, near the site of the Henry Raab school. The execution was witnessed by a multitude of men, women and children.
On this date in 1927, Illinois conducted a public triple hanging, actually among the last public hangings in the state’s history.*
Charlie Duschowski, Walter Stalesky, Charles Shader, Roberto Torrez, Gregario Rizo and Barnardo Roa had busted out of the old Collins Street Prison in Joliet, along with a seventh man named James Price. In the process, they killed Assistant Warden, and former policeman, Peter Klein.
This has dirty Chicago politics from the Prohibition era all over it.
The events angered much of the general public, but among Chicago Mexicans, the fugitives became heroes. Will County officials investigated allegations that Klein belonged to a parole-selling ring headed by Will Colvin, chairman of the Board of Pardons and Paroles. The newspapers also reported that Chicago police had arrested Klein for selling bootleg liquor while still warden and for allowing prisoners to leave the prison and commit robberies so they could raise money for paroles. (Source)
At any rate, six of the men — all but James Price — were recaptured and condemned to die.
However, friends and relatives of the “doomed” Mexican trio began smuggling in saw blades with their care packages, and by March 1927, Rizo and Roa were hard at work sawing through their bars while the songbird Torrez covered them by belting out La Paloma for days on end.
Roa made a clean getaway, but Rizo and Torrez were taken after a few days in a south Chicago shootout. Now the proposed gallows club was down to five.
Nothing daunted, the three white folk in the party attempted their own breakout by picking their cell lock — joined by Rizo, who would find that the third time was not the charm. Taking sheriff Alfred E. Markgraf hostage, they attempted to drive out of the jail yard: Rizo was shot dead in the resulting fusillade, but somehow Charles Shader managed to scramble away in the mayhem as his compatriots were being re-arrested.
So now, with Shader, Roa, and Price on the lam and Rizo on the ice, only three guys remained to hang.
Left to right: Duschowski, Stalesky, and Torrez.
Notwithstanding the abysmal retention percentage, the prospect of a public triple hanging was a tremendous draw — no less so for the elusive desperadoes’ talent for grabbing headlines afresh every few weeks. A raucous crowd pressed around a sizable detail of riflemen who had good reason to suspect one last bid for freedom. (In a failure of showmanship, that did not happen.) The widow of the original victim even petitioned to throw the trap to drop them. (Ditto.)
So nothing remained but to visit justice upon them.
But not only upon them.
According to the July 17, 1927 Chicago Tribune, the curiosity of the spectacle made it an irresistible lure to yet another fugitive. What was it about Illinois jails in the Roaring Twenties?
Lincoln, Ill., July 16. — (AP) Albert “Blackie” Logan, escaped prisoner from the Logan county jail, is under arrest again here today, awaiting trial for safecracking. Logan ventured from concealment to see the three murderers of Deputy Warden Peter Klein hanged at Joliet. He was recognized by the sheriff.
As for the three escapees:
Shader was recaptured and hanged on October 10, 1928. It was the last hanging in the state’s history.
Price made it to New York, where he eventually wound up in prison for robbery. Illinois got him back in 1937, gave him a long prison term, and eventually paroled the guy in the 1960s.
Roa made it to Mexico, dodged a couple of near-miss extradition attempts, and was never returned to the tender mercies of Illinois. His fate after 1948 (the last time he was arrested, and an extradition fell through) is unknown.
* They were also the first executed in July of 1927, which was important because July 1 was the date Illinois adopted a switch to the electric chair. The change was not retroactive to crimes before that date, however, so it was the gallows for these fellows and several others into the following year.