On this date in 2014, Ohio very clumsily executed Dennis McGuire for raping and stabbing to death an eight-months pregnant woman in 1989.
For no reason better than chance, McGuire‘s was the execution scheduled to arrive when Ohio bowed to the growing scarcity of lethal injection drugs by innovating a new kill-cocktail comprising midazolam, a sedative, and hydromorphone, a painkiller.
McGuire’s attorneys fought this procedure on the plausible (quite plausible, as we will see) grounds that using an execution as a vehicle for nonconsensual human medical experimentation was liable to end badly.
It did. A Dayton Daily News staff reporter who attended the execution gave the disturbint account
Prison officials say the drugs — a combination never before used in an execution — were delivered at 10:28 a.m.
His daughter cried uncontrollably.
McGuire waved with his wrist, his body strapped down to the table. Then he suddenly yelled out “I love you. I love you,” before his head lay back, his eyes rolled back in his head and he appeared to fall asleep at 10:29 a.m.
Minutes went by without McGuire moving, his family cried as the priest patted them on the back and attempted to console them.
“Oh my god,” his daughter [Amber McGuire] said.
“Don’t watch,” [wife] Missie McGuire said.
At 10:35 a.m. I first noticed McGuire convulse, then gasp. He snorted for air — a sound like a violent snore, a guttural inhale — and then sat still. Then gasped again. Sometimes his mouth just opened soundlessly. At 10:39 a.m. he snorted so loud his daughter covered her ears.
His family cried. “How could this go on for so long?” one of them asked. There was some discussion with the priest that accompanied them saying they thought it would only take five minutes.
(Here’s another (more heavily editorializing) eyewitness account of the event, by McGuire’s priest.)
Predictably, more lawsuits followed, cases that are still working their way through the courts. Just two weeks ago as of this writing, a federal suit filed on behalf of Ohio’s other death row inmates brought a member of Dennis McGuire’s execution team to the stand. Behind an anonymizing cardboard screen, “Team Member No. 10″ characterized the McGuire execution as unlike any of the others he had worked, and said that he “was wondering what was going on” as the prisoner heaved and choked his way to death.
On this date in 1928, seventeen-year-old Floyd Hewitt was executed in Ohio’s electric chair for the horrific murder of a farmer’s wife and five-year-old son.
Floyd grew up in rural area outside Conneaut, Ohio. Although at 6’4″ he had the body of a grown man, he was mentally disabled, callously described by his defense attorneys as “a moron with a ten-year-old’s intellect.” One newspaper portrayed him thus:
He is not considered of normal intellect, his drooping mouth, dull eyes and appearances contributing to the opinion. He was not bright in his classes at school.
On the evening of February 14, 1927, he visited a local farm belonging to the Brown family. He was a frequent visitor there; he loved listening to jazz music on the radio and the Browns were the only family in the area who had a set at home. Celia Brown’s husband, Fred, was away in town and she was home alone with their son Freddie.
This news column and this article describe what happened in detail. Floyd got “stirred up inside” by the music. Feeling “an overpowering love,” he made sexual overtures towards Celia, who slapped him. He hit back, and she grabbed the fireplace poker to defend herself, but he tore it from her hands. In the ensuing fight Floyd hurled Celia down the stairs and struck her repeatedly with the poker until she was dead. Then, afraid the little boy would tell on him, Floyd chased Freddie into the basement and beat him to death with a baseball bat, too.
Then he went back upstairs, washed his hands, walked the short distance home and sat down to read the newspaper.
Fred Brown got home a little after midnight, found his wife’s body on the porch. There was blood everywhere. Fred summoned neighbors and the police. After searching the rest of the house, the neighbors found little Freddie’s body in the basement.
Floyd rapidly came under suspicion; he literally left a trail of footprints right to his front door. The next morning he was arrested, wearing the same bloodstained sweater he’d worn the night before. One of the buttons had been torn off and was left at the crime scene.
Within hours, Hewitt had made a full confession. He even went so far as to take the police on a tour of the Brown house to point out what had occurred and where. The next day, however, he retracted his statements and would maintain his innocence until his death.
The press bluntly christened him “the boy clubber.”
On the first day of his trial, as he was taken into the courtroom, Floyd remarked, “This is certainly a beautiful day, isn’t it?” One reporter described him as “like a big overgrown boy, who did not realize the seriousness of the crimes with which he is charged.”
He was indeed an overgrown boy, only sixteen years old at the time of his crime, but the prosecution demanded the death penalty.
Although indicted for two first degree murders (mother and son), he was tried only for the first degree murder of the five-year-old boy.
During the three week trial, the state relied heavily upon Hewitt’s signed confession while the defense stressed Hewitt’s mental disabilities. On April 26, the jury returned a verdict of guilty without a recommendation of mercy.
Hewitt appealed, and his execution was postponed for a time, but the appeals process wore down in less than a year and the board of clemency refused to recommend a commutation to the governor …
Hewitt’s chronological age at execution was seventeen, but his mental age remained forever fixed at ten.
Floyd Hewitt might have been the youngest person ever executed by the state of Ohio, and he was the first from Ashtabula County. A “bedraggled figure … with his long black hair hanging low over his face,” and clutching a photo of his family, he died in the electric chair at the Ohio State Penitentiary Annex at 7:43 p.m.
From the New Orleans Times-Picayune, Dec. 13, 1924:
Shreveport, La., Dec. 12 — Alfred Sharpe, about 25 years old, a negro, was hanged here today at 12:16 p.m. for the murder of Tom Askew, a white man, veteran of the World war and manager of a plantation near Keithville, which occurred last September 9.
Sharpe, in a statement just before going to the gallows blamed liquor for his trouble. He admitted since his captured two days after the killing that he was guilty.
The negro, who was unable to read or write, and did noot know his exact age, said as he mounted the scaffld: “I know I violated the law and that the law must be fulfilled.”
From the Cleveland Plain Dealer, Dec. 11, 1924:
COUMBUS, O., Dec. 11. — Alexander Kuszik, 20, of Akron, must die in the electric chair at the state penitentiary shortly after 1 a.m. tomorrow for the murder of his thirteen-year-old cousin, Elizabeth Nagy, who spurned his proffered love.
Gov. A.V. Donahey late today denied a last minute appeal by Kuszi’s counsel that the death sentence be commuted to life imprisonment. This plea, supplemented by the testimony of three alienists [psychologists — ed.] to the effect that Kuszik was not mentally responsible for his acts at the time of the crime’s commission, failed to convince the governor, however, that he should exercise his powers to extend clemency
Even Kuszik’s counsel, C.G. Roetzel, former prosecutor of Summit county, admitted the crime for which Kuszik was convicted was one of the most brutal on record, and made no claim the prisoner was insane. Roetzel based his plea for clemency on the theory, supported by alienists, that Kuszik was mentally irresponsible although he did know the difference between right and wrong.
Theory of Alienists.
The alienists advancing this theory were Dr. J.C. Hassall, superintendent of Fair aks sanitorium, Cuyahoga Falls; Dr. Arthur G. Hyde, superintendent of the Massillon State hospital, and Dr. D.H. Morgan of Akron.
Drs. Hassall and Hyde had made their observations of Kuszik within twenty-four hours after the crime had been committed. Dr. Morgan made his observations about a month later.
These specialists made their examinations at the request of Prosecutor Arthur W. Doyle, but their testimny was not used at the time of the trial, Dr. Doyle explained, because he reached his own conclusion that Kuszik was responsible for his acts.
Countering the views of this group of alienists was the testimony of three others who, after making an examination of Kuszik at the governor’s request, reported that the youth not only was not insane but that he was mentally responsible.
These alienists were Dr. Charles F. Clark, superintendent of the Lima State hospital; Dr. H.H. Pritchard, superintendent of the Columbus State hospital, and Dr. Guy Williams, superintendent of the Cleveland State hospital. They all said Kuszik had no mental disorders. All the alienists had agreed that Kuszik’s mentality was sub-normal — that it represented the mentality of a child of about 11.
Prosecutor Doyle told the governor that, in his opinion, so long as the state recognizes capital punishment Kuszik’s case was one in which it should be used.
Kuszik exhibited no concern when told his appeal had been denied and that he was to die.
In complete control of his faculties, he walked even jauntily to the death cell to spend his few remaining hours.
“The youth has shown more spirit today than at any time since confined,” Warden P.E. Thomas said.
Two consecutive stories from the Portland (Ore.) Oregonian, Dec. 13, 1924:
WALLA WALLA, Wash., Dec. 12. — Thomas Walton, convicted of the murder of S.P. Burt, a fellow convict, in the state penitentiary here October 7, 1923, was hanged at the penitentiary this morning. The trap was sprung at 5:06 A.M. and the prison physicians pronounced him dead 10 minutes later.
Walking to his death with the same fearlessness that he has displayed since the beginning of his prison career, Walton refused to make any final statement and even declined to talk with Rev. A.R. Liverett, prison chaplain, or Father Buckley, Catholic priest, in his cell prior to the execution.
His body will be sent to relatives in Montague, Cal.
Although Walton paid the penalty for killing Burt, he has of official record killed two other men. The first was in 1915 in California, for which he was sentenced to life imprisonment in San Quentin prison. The other was that of George McDonald, cellmate of Burt, whom he stabbed following his attack on Burt.
Walton and Burt were life termers in San Quentin and made their escape together in a prison automobile in January, 1923.
FOLSOM, Cal., Dec. 12 — Robert Matthews, negro, convicted of the murder of Coleman Stone, a grocer near Los Angeles, was hanged at the state prison here this morning. [Joe] Sinuel will be hanged next Friday.
“Truth is stranger than fiction.” In how many ways is this aphorism verified! Nowhere is it more strangely true than in the dark and mysterious records of crime. That a perilous sea, only occasionally visited by the ships of commerce and civilization, should witness the development of bands of pirates whose bold and cruel deeds have terrified the voyagers, and furnished themes with which the romancer could charm the morbid tastes of the lovers of the gruesome, is a thing to be expected. That a wild and sparsely settled region, abounding in fastnesses and hiding places, yet crossed by trains bearing rich treasures, should be the field in which a drove of dehumanized desperadoes carried on their nefarious trade, is in no way surprising. Storm-tossed, wreck-strewn seas and hurricane-swept prairies, nurture, or at least harbor, such characters as their appropriate children. There is nothing strange in the fact that wild regions should be the home of wilder men. The romancer can make his story as wild and improbable as he chooses; there is no one who will rise to contradict him.
It is strange, however, that such men should spring up amid peaceful surroundings. It is stranger still that a penchant for crime, carried out into deeds of more reckless daring than those of the wild and unrestrained West, should be nurtured in the quiet rural districts of Northwestern Ohio. Yet, strange to say, in this almost Arcadian corner of a great civilized state, a corner whose agrarian peacefulness was never broken by harsher sounds than the melody of church bells, or the cheerful call of the locomotive, there have been conceived and carried into execution crimes that would stand out boldly even on the pages of the wildest fiction. This corner of the state was the home of the now famous “Jack Page” band of arsonists, who terrorized the country a quarter of a century ago. Here, also, lived the man who furnished the occasion of this sketch, Frank Van Loon. Of his dare-devil deed let the reader judge.
The Supremacy of Nerve
On the seventh day of August, 1891, the village of Columbus Grove, Putnam County, Ohio, was startled out of its quiet, humdrum routine by a daring daylight robbery and murder. A young man, unknown to the few chance stragglers about the streets of the quiet village, entered a hardware store. By sheer force he compelled the person in charge to give him two loaded .38-caliber revolvers. With the dash of a true desperado, he rushed across the street to the bank. He entered the bank, broke the glass in front of the cashier’s desk, reached through and secured $1,365. The bank officials, terrified by the suddenness of the attack, dropped through a trap-door into the cellar. One of them, by venturing to look out of his hiding place, was shot by the nervy robber. The ball took effect in the shoulder, producing a painful, though not fatal wound. While the desperado was holding the bank employees at bay, an old man by the name of William Vandemark entered the bank to transact some business. Vandemark was ignorant of the fact that a desperate robbery was at that moment being committed. The robber, hearing some one enter, turned quickly and fired at the innocent intruder. The shot was fatal and Vandemark was instantly killed. As the desperate man rushed out of the bank, he shot at a man who was peacefully driving along the street. The daring young man made his escape across the fields without being recognized.
A Mother-in-Law’s Vengeance
Who this daring robber and murderer was might have remained an undiscovered fact, had it not been that a certain young farmer by the name of Frank Van Loon had, by his innate meanness, incurred the implacable hatred of his wife’s mother. Ever suspicious of her son-in-law, the woman entered his room on the morning of the day following his crime, noted that his boots were muddy, and found in his pockets the guns and the stolen money. This woman, having heard in the intervening time of the crime committed in Columbus Grove, reported her findings to the officers. The officers, knowing of the unhappy condition of things in the Van Loon home, for a time paid no heed to the advices which they received, thinking it was only a mother-in-law’s spite [at] work. But when the information had been several times repeated they concluded to investigate, and found things as the mother-in-law had reported. Van Loon was arrested. He was given a speedy trial, convicted of murder in the first degree, and sentenced to be hanged.
In the Palace of Death
Frank Van Loon, serial number 23,313, on the twelfth day of May, 1892, entered the Annex of the Ohio Penitentiary. It was his final leave-taking of God’s beautiful world of sunshine and fragrance. Never again was he to see the earth and sky meet. When he left that Place of Doom it would be as a lifeless body.
Through the law’s delay Van Loon was permitted to drag on a miserable existence between hope and despair for fifteen months. In these months of waiting he employed a part of the time in writing a history of his life. In this composition the natural selfishness and brutality of his nature were plainly manifest. It was evident from the underlying tone of his autobiography that he did not recognize that his fellow-man had any rights which he was bound to respect, especially if those rights stood in the way of his wishes being attained. His towering egotism was undoubtedly the soil which nurtured and brought to maturity the disposition which made possible his cruel crime. [editor’s note: my researches have failed to locate this interesting artifact for the modern reader’s edification.]
This egotism was constantly being made evident by his actions during his stay in the Annex. Much of the time during his waking hours was passed in quarreling with his keeper. These contentions one day led to a desperate struggle between Van Loon and Guard Bowman for the possession of an ice pick. When Van Loon had been let out of the cage for some purpose, he endeavored to get possession of an ice pick, as the only available weapon with which to kill the Guard. Both men being well developed and powerful, a desperate struggle ensued, in which the superior skill and greater endurance attained by careful training gave the victory to Guard Bowman.
The Deepening Shadows
Frank Van Loon’s long stay in the Annex was drawing to a close. The brief day of his earthly career was rapidly nearing the end. The shadows were growing deeper. Soon his sun would set in utter darkness. Van Loon had lived but twenty-three years of mortal life. They had, however, been years fruitful of enormous results in crime and meanness.
August 4, 1895, was his last day on earth. It was a dark and stormy night which preceded that day, but not more dark or more stormy than had been the young life that was that night to be taken as a forfeit to the State. Frank Van Loon’s life had been a rebellion against the laws of God and man. While the officers of human law were preparing to take satisfaction for the outrage that had been committed against it, the artillery of heaven was flashing defiance and thundering menaces and pouring down torrents of rain, as if to make it known to the universe that the sin-scorched soul which the laws of man had decreed should no longer dwell among the habitations of earth, should not rise into that world where “no wicked thing cometh,” but must turn away from heaven and wander forever in the “outer darkness.”
When the midnight hour had come, the march from the Guard Room began. Noiselessly the guards moved over the sawdust covered corridors to the Annex. The Warden, Hon. C.C. James, read the warrant to the condemned man. The same nerve that characterized the attack on the bank was manifest in this last and closing ordeal of his life. Unassisted and unfalteringly he mounted the steps to the gallows and and took his place on the trap.
While standing on the trap Van Loon sang in a strong, clear voice, “Nearer My God to Thee.”
There was no tremor in his voice, nor quaking in his limbs. Apparently without fear he gave voice to the familiar hymn. Strangely the music floated out on the midnight air, while the terrific electrical storm, raging without, seemed playing the accompaniment. The deep diapason of Nature’s orchestra, blending with the stentorian voice of the singer, echoed and reverberated through the adjoining corridors of the prison until many of the prisoners were startled from their slumbers. On hearing the hymn and its wild accompaniment, and remembering that it was the night of Van Loon’s execution, they listened with bated breath, scarcely knowing whether to attribute the unwonted disturbance to earth, heaven or hell; wondering whether the voice was that of man, angel or demon.
At the close of this strange oratorio, the trap was sprung; the body shot downward. The execution was a success. Frank Van Loon was no more.
On this date in 1938, serial poisoner Anna Marie Hahn was electrocuted in Ohio.
The Bavarian-born immigrant had arrived to Cincinnati espoused to a young telegraph operator. Hahn herself tried her hand at a bakery but soon tired of the tedium of honest work and set herself up better in the lucrative business of elder abuse.
Using an ancient ploy still effective to this day, the “plump and pretty” young woman flitted about the German emigre circles of Cincinnati advertising herself as a live-in caretaker for senior citizens. Once retained, she was in a position to price-gouge for her “services”, pilfer from the estate, and even to so insiniuate herself into her clients’ good graces as to enter their wills. Her first victim, Ernest Kohler, actually left her a boarding house: pretty good work compared to rolling out dough before the sun came up.
Using a variety of poisons,** Hahn killed off five known victims during the Great Depression, making off with tens of thousands of dollars in the process that she largely squandered on gambling.*
The first woman to die in Ohio’s electric chair, Hahn was reportedly stoic until her last hours. Then, overcome by desperation, she slid into a state of collapse and even at the last moments of life bawled “incoherent” pleas to a warden who of course had no authority to help her. Robert Elder of Last Words of the Executed (both blog and book) — quotes her frightful last words thus:
Good-bye all of you and God bless you … Mr. Woodard [the warden], don’t do this to me. Think of my boy. Can’t you think of my baby? Isn’t there anybody who will help me? Is nobody going to help me?
* One clever fellow, George Heiss, escaped her clutches when he grew suspicious of a mug of beer she presented him; when Hahn refused to sample it herself, he sacked her — but he did not report her.
On this date in 1833, Ira West Gardner [Gardiner] hanged in Warren, Ohio — the only person ever executed in Trumbull County.
Gardner reads like the kind of rotter to inspire a Lifetime TV obsessed-stalker thriller: in the tiny township of Gustavus, he married a widow named Anna Buel[l] with a teenage daughter. Even the trial records are delicate on what transpired between young Maria and her stepfather — “for some reason, not very satisfactorily shown in the proof, she, for a short time before her death, evinced a strong desire to leave your roof, under circumstances which induced her friends to believe she was in fear of you.” The girl “was seen running from home disordered” and took refuge with a nearby farmer named Mills, where she turned up “barefooted, and without a handkerchief to put on her neck.” This was just two or three days before her murder on August 8, 1832; if the reader is getting a distinct whiff of sexual assault, well, one neighbor “told Gardner, that Maria had said, he had had criminal intercourse with her in a manner that would send him to the penitentiary.” Gardner denied it, but his obsessive behavior tells a different tale.
For Mills, Gardner showed the reasonable neighbor, and tried to persuade his absconded stepdaughter to return — but also agreed she was of age to go her own way if she preferred.
But to others, he made less compromising and much more sinister intimations, like “Maria has got to go home and live contented or I will be the death of her — I will have my revenge.” That’s actually less a sinister intimation than a highly specific threat.
Dad was able to put off his menacing aspect as a temporary fury that had come and gone, and he eventually negotiated with Maria via another neighbor, Bidwell, to allow her to return for her clothes. As soon as she got there, with Bidwell right there in the house too, Gardner suddenly produced a butcher’s knife and stabbed the unhappy object of his obsession in her chest and stomach. Though he was instantly subdued by Bidwell, the deed was done: Maria expired in ten painful minutes while Gardner ranted demonically to the arriving neighbors.
“I told you you had outwitted me last night, but that I would match you yet,” he said to one who had tried to reason with him. “I have done it, and got my revenge.” The killer was fixated on the idea of townsfolk who had lately tried to smooth out the situation as adversaries to “outwit”; to another he taunted, “I have now outgeneraled you as I told you I would — I did the deed, and did it effectually.”
(It was later found that this Scipio had also readied a pitchfork and an axe should he have the opportunity to chase after her.)
was escorted to the place of hanging by a great procession and band … people who had children away at school brought them home to witness the execution. We now wonder how these parents reasoned, but one of the young men who was thus brought many miles remembers that his father said he might never have another chance to see another hanging, and he was right. The children of the sixties were not like those of thirties, for the former always shivered as they passed the corner of South and Chestnut streets on the way to the cemetery, and dare not look towards the tree from which Gardner is supposed to have swung. Whether the tree was still standing at that time is not certain. Possibly children are like men and horses, less afraid where many people are congregated.
Sheriff Mygatt said that he did not believe he was going to be able to discharge his duty in the case of Gardner, but that he did work himself up to the point. He took the prisoner in his own carriage, led by Warren’s first band, which played a dire. The military organization formed a hollow square around the scaffold. Elder Mack, a Methodist minister, walked with Mr. Mygatt and the prisoner to the scaffold. A hymn was sung, in which the prisoner joined, and he was then swung to a great overhanging limb where he breathed his last.
“The young, beautiful & innocent Frances Maria Buel who was butchered by her stepfather” still has a marker in the East Gustavus Cemetery. Gardner rests in an unmarked grave.
On this date in 1872, John Barclay hanged in Ohio for murder — and was almost reanimated for science.
Barclay was a late-twenties knockabout of the area whom the Cincinnati Enquirer judged “does not look the diabolical murderer he is charged to be.” (“except his eyes”: from the May 23, 1872 edition, as are the subsequent quotes in this section)
Charles Garner, his victim, was a livestock merchant who specialized in supplying the Columbus butchers. On November 28, 1871, Garner headed out of Columbus rich with cash from a successful business trip. Barclay knew both Garner and the butcher with whom he was transacting business, one J.B. Rusk, and had hung about with them during the day — even holding open the bank door as Garner entered to cash Rusk’s check.
In the evening, hearing that Garner was about to depart, Barclay ducked into a nearby general store, inquired about buying a hatchet, and not being able to find a suitable one, settled for buying a yellow-handled hammer instead. Then he apparently hopped on the back of Garner’s wagon just as it set out, where a great heap of merchandise obscured him from the driver’s view.
Four miles out of town, at a bridge over Alum Creek, Barclay presented himself to his unknowing chauffeur and bludgeoned him with the hammer, “crushing in the skull so that the brain was exposed” — then fled on foot, having relieved the victim of several hundred dollars. The mortally wounded Garner somehow managed to drive the wagon to a house two miles further down the road, where he died five days later. A surgeon who attended him later testified that “brain, matter and blood [were] issuing from head and nose … a portion of forehead was an open wound; a portion of the brain was broken in and a portion lost.” Barclay would eventually confess the crime.
A most unusual postscript was appended to the execution of the hanging sentence.
The dream, of course, was to reanimate the corpse altogether — although a history mused that the Supreme Court judges who also took enough interest to attend the experiment “might have to pass upon the uncanny question of Barclay’s legal status as a living person who had already suffered the death penalty.”*
Barclay hanged at 11:49 a.m.; by 12:23 p.m., his flesh was on the table under Mendenhall’s probes. Notwithstanding the dispatch of the scientists they did not accomplish his resuscitation, although the Cincinnati Commercial (Oct. 5, 1872) reported some ghoulish simulations of life:
The first test was on the spine. This caused the eyes to open, the left hand to become elevated, and the fingers to move, as if grasping for something. The hand finally fell, resting on the breast. The battery was then applied to the nerves on the face and neck, which caused the muscles of the face to move as in life. The test was next applied to the phrenic nerve of the left arm, and afterward to the sciatic nerve.
The next year, Mendenhall was hired as a physics instructor by the new Ohio Agricultural and Mechanical College in Columbus: while he would go on to a varied and widely-traveled career in the sciences, Mendenhall has the distinction of being the very first faculty member at the institution known today as Ohio State University, and the namesake of its Mendenhall Laboratory building. (Starling Medical College, site of the galvanic experiments, would also be absorbed into OSU’s college of medicine.)
Extract of a letter, dated Danbury, (Ohio) May 6, 1819, addressed to a gentleman in Albany.
I thought it would be prudent to inform you of some unhappy circumstances which have recently occurred in our neighborhood, in order to save you from any groundless alarm, which common report might create about us.
Last Sunday, a week, (April 25,) we received the intelligence, that two of our neighbors, George Bishop and John Wood, had been found a little above the forks of Portage river, cruelly butchered by the Indians. We immediately armed ourselves, and proceeded to the river’s mouth, where the bodies had been brought.
An inquest was immediately held over them, and on examining them, found “they were murdered willfully, by persons unknown.” — I dare say, in your time, you have seen men sufficiently cut up, but never like them. On the head of Bishop alone, there were six strokes of a tomahawk, each of which let out the brain; his eyes ran out, &c. A page would not be sufficient to give you a description of one body.
The Indians in the neighborhood appeared much alarmed, and kept coming in all day. A number of them volunteered their services to go with us in pursuit of the murderers — some of them we accepted.
After we had buried the bodies, we held a council among ourselves, and agreed that we would parade all the Indians, and express to them what our determination was. The duty of addressing them was performed by me, through an interpreter, in which I set forth to them, our determination to have the murderers at all hazards — our ample abilities to take them, wherever they were — and it was their duty to have had Indians cut off to prevent future crimes.
After I had finished, Sasa, a young, bold and enterprising chief, (who with the other Indians, had listened with extreme attention, and great solemnity,) said in answer “that he with his party, would find the bad Indians, or never return again; he was thankful that the white men did not think them guilty, and they would show by their conduct, that our confidence in them was not misplaced.”
We organized them under a Mr. Tupper, and two other white men — gave them rations, and on Monday morning early they started. They left their squaws to whom we issued rations.
We then returned home, to act as circumstances should require.
On Wednesday, an express came to us, with the report that the murderers, with many of their tribe (Potowattomies,) had assembled near the place of the murder with hideous shrieks, yells, &c.
We immediately got together and I was chosen to command. Away we marched, or rather ran, and encamped at Portage, after sunset. Early in the morning we started — forded rivers, creeks, marshes and prairies, and crosses Toupoint river, before noon, (30 miles,) about two miles beyond this river we met Tupper & his party, with the three murderers, prisoners. These had taken them by the consent of their chiefs two nights before, near the forks of the Miami river — surprised them in their camp about midnight, in the midst of a large settlement of that powerful tribe, and travelled back, with all their strength for fear of being pursued and overpowered. We were still among them and in danger of a rescue.
I accordingly ordered our refreshments to be given them, and in fiteen [sic] minutes we marched again. Before dark we reached Portage again; and the next day at 4 o’clock we delivered them at Portland, or Sandusky city, to the sheriff.
The same night a legal examination of the prisoners took place, who made a full confession of the murder. They also told where they had secreted the plunder. A party was despatched to find it, who have returned it. Our circuit court sits the 18th of this month, and they will undoubtedly condemn them to be hung.
There is not in the annals of the United States, an instance of such a rapid pursuit and capture of Indian murderers, as the one I have now related. Our friendly Indians received handsome presents, and all is now in peace and quietness.*
From the Cleveland Register, June 8, 1819:
TRIAL FOR MURDER.
We have been politely favored with the trial of the three Indians, who were taken on suspicion of having murdered Messrs. Wood and Bishop, on Portage river, Huron county, Ohio.
At the court of Common Pleas, held at Norwalk, Huron county, Ohio, May term, 1819: three Indians by the names of Neyonibe, Naugechek, and Negossum, were indicted and tried for a murder committed a few weeks since on the bodies of two white men John Wood and George Bishop — Wood and Bishop were out hunting and taken lodgings for the night, in a small hut, a few rods from Carrying river, and 8 or 10 miles from its mouth, where the horrid deed was perpetrated.
The Indians could neither speak nor understand English; all communications with them was [sic] by means of an interpreter. Counsel were assigned them by the court, and on the indictment being read and interpreted to them, they elected to be tried by the court of common pleas, and severally plead not guilty, and the court proceeded to try them separately.
Neyonibe was first tried, who was informed of his privilege of peremptorily challenging twenty three jurors. This privilege, on the jurors being singly called and presented to his view and after a short but critical view of the jurors countenance, he exercised with much promptness and decision. He challenged nearly half that were called.
The evidence to support the charge was chiefly derived from the confession of the prisoner. From these, it appeared to have been a deliberately formed plan by Nangachek and Neyonibe, who knew where Wood and Bishop spent their nights, to murder them and pillage their property.
They accordingly accompanied by Negossum, and armed with hatchets, went in the night to the hut where Wood and Bishop were; and each took his man in a profound sleep, and by repeated strokes with their hatchets, upon the heads and breasts of their victims, they dispatched them, in a few moments and took what property they had with them a part of which they concealed near the place.
It was proved that the property was afterwards found in the place, where they acknowledged they had concealed it.
This case was so plain that the counsel, on both sides deemed it useless to argue it to the jury. Judge Todd, on submitting the cause to the jury, in a very concise and lucid manner instructed them, by what principles they were to be governed in forming their verdict; and the jury after retiring a short time, returned a verdict of Guilty.
Naugechek was next tried and convicted. This case did not differ in a material point from Neyonibe’s, and the circumstances attending their trials were similar.
The case of Negossum who was last tried excited much the most interests.
He is a lad about 16 years old, of good appearance, and as was proved had sustained a good character.
He also peremptorily challenged a number of jurors.
The principal evidence in this case was also derived from his confession, and his declarations accompanying them. From these it appeared, that the other two had taken him into their company without disclosing to him their plan, until they had approached near to the place of murder.
He then being partially intoxicated went on with them voluntarily, but carried no weapon to the hut where Wood and Bishop were; but it did not appear that he knew that to be the place where they lodged, until he entered it with his companions.
Upon entering the hut he went to the opposite side from where Wood and Bishop were, asleep, and there stayed until the murder was committed.
Then Naugechek, told him he should do something, and ordered him to come and strike but he did not move, Naugachek then reached forth his bloody hatchet, and in anger told him to come and strike, he then took the hatchet, and with the handle of it, struck several times across the legs of the dead body of Bishop.
He took none of the plunder, at the hut, but some of it was given to him, afterwards by the other Indians.
After hearing the testimony, the attorney for the state entered a Nolle Prosequi, and the prisoner was released.
Naugechek, and Neyonibe received their sentence, and are to be executed on the first day of July next, between the hours of ten and twelve o’clock. They are of the Potawatama tribe — Negossum is of the Ottowa tribe.
Naugechek, in attempting after he was taken to make his escape, was severely wounded by a shot from one of the keepers. Probably he never could recover from his wounds, and they may prove mortal before the time set for his execution.
From the Utica (N.Y.) Columbian Gazette, July 20, 1819:
Warren, (Ohio) July 8. — On Thursday last, agreeably to their sentence, Naugechek and Neyonibe were executed for the murder of John Wood and George Bishop, at Huron [county, specifically Norwalk -ed.].
They met their fate, we are informed by a gentleman who was present at the execution, with that stubborn impertinence and unconcern so characteristic of the savage tribes; regretting only that they could not be shot or tomahawked instead of being hung, stating the the Great Spirit would be angry with them for appearing before him with a halter about their necks.
One of them, however, a day or two previous to their execution, expressed a wish that he might live to kill six more white people to make up the number of twenty, saying that he had already killed fourteen — and then he would not care how he died. It was thought that there were upwards of two thousand spectators present; and among them but six Indians, who viewed the scene with apparent indifference.
* The reader will surely guess that no pleasant feelings from this or any other incident between the peoples would serve to protect the Potawatomi in the end from westward removal — which is why the name of this nation from the Great Lakes region adorns a creek in Kansas, and the pre-Civil War “Pottawatomie massacre” of John Brown‘s anti-slavery partisans that occurred near said creek.
At 10:29 a.m. on this date in 2013, 46-year-old Steven T. Smith was executed in Lucasville, Ohio for the 1998 murder of his girlfriend’s daughter, Autumn Breeze Carter.
Killer and victim.
The Ohio Parole Board called him “the worst of the worst” and concluded, “It is hard to fathom a crime more repulsive or reprehensible in character.”
No wonder: Smith had literally raped six-month-old Autumn to death.
Summing up the case in January 2002, the Ohio Supreme Court wrote,
We find nothing about the nature and circumstances of the offense to be mitigating. For ten to thirty minutes, Smith brutally raped and murdered Autumn Carter while her mother was asleep in the apartment. The violent nature of the attack was demonstrated by the fact that Autumn’s hair was ripped out, her vagina and anus were seriously damaged, she was suffocated by the weight of Smith on her small body, and she suffered subarachnoid and retinal hemorrhages. The crime is nothing less than a horrific, senseless murder committed against a small, defenseless baby.
Little Autumn died on the night of September 29, 1998. Her mother, nineteen-year-old Kesha Frye, woke up at 3:30 a.m. to discover a naked and extremely drunk Smith placing the baby’s naked body on the bed. Autumn’s tiny pink sleeper was found under the living room coffee table, clumps of her hair were on top of the coffee table, and shreds of her diaper were scattered around the room. The rest of the diaper was in a trash can outside.
According to court documents, paramedics summoned by Frye’s frantic 911 call
observed injuries on [Autumn’s] head and bruising around her eyes. They began CPR, and Autumn was transported to the hospital. The emergency room doctor testified that upon her arrival, Autumn had no pulse and had suffered a retinal hemorrhage. In addition to her visible bruising, the physician also stated that Autumn had bruising around her rectum and that the opening of her vagina was ten times the normal size for a baby her age…
They spent an hour trying to revive her, but it was too late.
Smith denied knowing anything about it: “I didn’t do anything. I’m not sick like that.”
He would keep up his denial for the next fourteen and a half years.
The cause of death was determined to be compression asphyxia and blunt force trauma to the head. Medical experts would testify that Smith could have suffocated the child by accident about three to five minutes into the assault, which may have lasted up to half an hour. The prosecution, however, contended he had deliberately beaten Autumn to death.
(During the trial, the coroner used a baby CPR doll to demonstrate how Autumn was injured. The doll’s head and one its legs actually came off in the process. One is reminded of the “Brides in the Bath” case where, when they were demonstrating how the defendant might have drowned his victim, they nearly killed their model.)
Five witnesses testified on Smith’s behalf during the sentencing phase of his trial. Relatives stated he’d started drinking at age nine or ten and struggled with an alcohol problem his whole life. His biological father was absent and his first stepfather was a violent substance abuser, but his second stepfather was a “decent guy” and his grandmother was also a positive influence early in his life.
A clinicial psychologist who tested him placed his IQ in the low-average range and could find nothing wrong with him mentally other than alcoholism and chronic, mild depression. A corrections officer testified Smith rarely broke the rules in jail and was always respectful of the guards. Prior to his arrest for Autumn’s murder, Smith’s only criminal convictions had been for DUI.
The month before his death, when he appealed to the parole board for clemency, Steve Smith finally admitted his crime. He said he hadn’t meant to kill Autumn and offered the lame excuse that he was too drunk to realize what he was doing. His attorneys called it “a horrible accident.”
That Steve Smith was very, very drunk that night was never in doubt. Eight hours after the attack his blood alcohol level tested at .123, well above the legal limit. The police found ten beer cans in the trash bin with Autumn’s diaper. An expert who testified for the defense believed Smith’s blood alcohol level was somewhere between .36 and .60 at the time of Autumn’s murder — enough to kill most people, but Smith had developed a tolerance.
Smith’s last meal consisted of fried fish, pizza, chocolate ice cream and soda. He declined to make a final statement. He only stared at his daughter behind the glass. She and her cousin wept after Smith was pronounced dead; Autumn’s family cheered.
Kesha Frye: “I’m glad he’s dead, and I hope he burns in hell.”
Patrick Hicks, Autumn’s grandfather: “Because of him, Autumn never had a chance to take her first step, she never had her first birthday or a first day at school. It’s just unfortunate that this man gets to die a peaceful death after the torture he put Autumn through.”
Brittney Smith, Steve’s 21-year-old daughter: “I know my dad’s innocent. I do not believe he did this, and you know, he raised all my cousins, my sister before I was even born, and he never did anything [sexual].”
Steve’s attorney: “He was well-behaved and sober while in prison, causing no problems in the institution and living each day with the guilt and grief caused by his alcohol-fueled crime. While some may trumpet his execution as appropriate revenge for his crime, Ohio is no safer having executed Steven Smith than had he lived the remained of his natural life in prison.”
On this date in 1897, criminals William Haas and William Wiley became the first two people to be executed in Ohio’s electric chair. Haas had actually been scheduled to die earlier that month, but the chair had a damaged electrical coil and his execution was postponed so the coil could be replaced.
William Wiley (left) and William Haas.
Haas, an illiterate farm worker, had had murdered Mrs. William Brady, his employer’s wife, the previous summer in Cincinnati. He raped her, slit her throat after she threatened to tell her husband, and set the house on fire to cover his tracks. Some berry pickers nearby saw the fire, though, and put it out before it could cause any real damage. Haas found himself arrested that very same day. He was only seventeen years old.
Thirty-eight-year-old Wiley, a tailor who was also from Cincinnati, had shot his wife to death in a drunken, jealous rage, “seemingly possessed by the devil himself.” After the murder he hid in a closet and was injured in the ensuing fight with police officers as they attempted to arrest him.
The prison officials made Haas and Wiley flip a coin to determine which would die first, and Haas “won.” He was electrocuted at 12:27 a.m.
Just after his body was removed from the chair, Wiley was brought in. A Sacramento Daily Unionarticle summarized the results:
An examination of the bodies after they had been removed to the prison morgue did not disclose even the slightest abrasion or irritation of the skin at the points of contact, and the physicians and experts pronounced the executions as perfect as it was possible to make them.