Posts filed under 'Common Criminals'

2008: Kedisaletse Tsobane

Add comment September 19th, 2017 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 2008, 49-year-old Kedisaletse Tsobane was executed in the southern African nation of Botswana for the murder of his ten-year-old daughter, Kgotso Macfallen. He was the first person to be executed under the administration of President Ian Khama.

Tsobane approached Kgotso as she was walking to school in Francistown on the morning of January 20, 2004, and offered her a lift. She hopped into his car. Later that day, passersby found the little girl’s body in the bush. She was kneeling on the ground, hanging from a tree by an electric cable.

Arrested the next day, Tsobane quickly confessed to the crime. He pleaded guilty to murder, saying,

I killed the child in an attempt to avoid liability in order to do away with my indebtedness. I was trying to do away with maintenance arrears. I killed the child by strangling it with a rope.

He was supposed to pay 40 Botswana pula, or a little less than $4 a month, but he hadn’t parted with so much as a single thebe since Kgotso’s birth. He was deep in debt and his wife had begun to complain.

Tsobane claimed that a week before the murder, Kgotso’s mother had taunted him about the debt, telling him he had to pay support for a child that wasn’t his. He said he got drunk and high on marijuana and committed the murder impulsively. Upon these mitigating circumstances Tsobane founded his case for commuting the sentence to life in prison.

The prosecution, however, produced a death certificate for Kgotso’s mother: she’d died in 2002 and couldn’t have been teasing him like he said. And the court didn’t buy Tsobane’s plea that he was too intoxicated to realize the nature and consequences of his actions. His own statement that he’d strangled Kgotso and then hanged her from a tree to make her death look like a suicide probably didn’t help his case.

The judge that sentenced Tsobane to death remarked, “In the circumstances, it is not clear why he was driven to commit the offense.” The Botswana Court of Appeal was equally puzzled by Tsobane’s motives. He could have sold his car to alleviate his financial worries, the court noted, but

He did not do so. He had, apparently, never paid any maintenance for the deceased, so even that had nothing in reality to do with her. Why then kill her, in order to get rid of his liabilities?

Whatever his reasons, Tsobane took them with him to his grave.

On this day..

Entry Filed under: 21st Century,Botswana,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,Other Voices,Pelf,Ripped from the Headlines

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1727: Three at Tyburn

Add comment September 18th, 2017 Headsman

Daniel Defoe* once summarized early 18th century England’s class strata as

  1. The great, who live profusely
  2. The rich, who live plentifully
  3. The middle sort, who live well
  4. The working trades, who labour hard, but feel no want
  5. The country people, farmers, etc. who fare indifferently
  6. The poor, who fare hard
  7. The miserable, that really pinch and suffer want.

These ranks of “poor” and “miserably poor” were quite enormous in the 18th century, with something like a tenth of the population subsisting below the “breadline” even when the harvests were good.

It is arguably the struggle to control this lot that brings us that era’s notoriously aggressive “Bloody Code” of hanging laws; certainly the law flaunts its class character openly in many particular capital statutes such as the Black Acts to enforce rural enclosure and harsh laws against labor organizing.

The heaving of these great swells could not but drown a great many already struggling to keep their heads above the waves. And our visit this week to the Ordinary of Newgate brings a sad quartet of Tyburn hangings culled from that fringe of disposable young men “that really pinch and suffer want.”

Thomas Johnson, alias “Handy”

Handy’s nickname tells us something about the progress of his life, for (according to the Ordinary) in his infancy “his Right Arm and Hand had been bruis’d, so that being distorted, they decay’d and were only of the bigness of a Child’s Arm and Hand, neither had he the Use of them, having no strength and scarce any Motion in them.”

Abandoned to be succored by the Stepney parish poor relief around the age of three, Handy was considered able-bodied enough to be dropped from the rolls once he hit adolescence — and maybe the gentlemen of Stepney had a point, for Handy once set to shift for himself “turn[ed] Thief and Housebreaker … [and] made considerable proficiency, and turn’d dexterous in his Profession.” But he had a near-impossible task of finding honest work: city and country were everywhere awash in working poor ready to hire who had two good hands.

Eventually one of Handy’s misadventures caught him a sentence to convict transportation — which was yet another juridical innovation of the Hanoverian age for managing the mother country’s vast underclass. But transportation, a sort of mercantile slavery in the colonies, depended for its part on a market for the human cargo and our man’s crippled arm again militated against him. Handy would lament this again at the very gallows, where he

exclaim’d against one who Transported Felons, saying that after he had caused them to Work for him in these foreign Countries; he brought them Home to England in the same Ship which he had carried them off; and that the Reason of his returning was, because No body would Buy him, and that he must have starv’d there and that when at Home he had no way to get his Bread because he wanted his Right Hand to enable him for Work.

This act — returning from convict transportation — itself constituted a capital crime. And when arrested again, Handy confessed it, almost whimsically. He would tell the Ordinary that he was wearying of life and anticipated additional indictments, but the record of the trial suggests that he sent himself to the gallows to revenge himself on the informers who would have made evidence against him in hopes of pocketing a reward: “the Prosecutors thought to hang him for the sake of the 40 Pounds allowed by the Government, but he would baulk their Expectations, for he would be hanged for returning from Transportation according to Law.”

Samuel Hammond

In comparison to Handy, Samuel Hammond had it made.

Apprenticed to a man named Thomas Barker, Hammond had a path to Defoe’s “working trades” class (“who labour hard, but feel no want”), undone by a youth’s impulsiveness. One day when Barker chastised him — “You Blockhead you’ll break the Drill, why don’t you use the Pliers” — Barker grabbed a sword and stabbed him through the ribcage. Barker’s son arrived to find the apprentice brandishing the weapon over his fallen father, “saying to the Decesed [sic], D – n your B – d you Son of a B – h I’ll kill you; upon which then Deceased said, you have done it already.”

The Ordinary reported that Hammond was tearfully repentant and insisted even before his conviction on joining chapel services for the condemned. The only grievance he could point to against his master besides that “blockhead” burn was that he was sweet on a maid in the house whom Barker had also “corrected … for a Fault” months before. We hear this frightened young man through the Ordinary here, so one can only guess whether our surviving account elides a longer litany of domestic cruelty for the boy or the maid.

“Luckily” Samuel Hammond did not suffer the ignominy of hanging for all that: he fell grievously ill in the pestilential Newgate cells, and “after that Sentence of Death was pronounc’d upon him, he was never able to rise and go to Chappel, but lay in a high Fever, to Thursday, the 7th of September, when about 11 o’Clock at Night he expir’d.”

Henry Chaplin and Peter Boother

These housebreakers each blamed the other as well as several other confederates (one of them still at large, plus two others who had given evidence against them) as the principal authors of the robbery that did them in. Oh, sure, they were there, invading Daniel Lyver’s house — where the gang “in a violent Manner broke the Windows, burst open the Window-Shutters and the Door, took the Goods mentioned in the Indictment, and beat him [Lyver] at the same Time with much Barbarity” — but (each said) he’d been there urging all his accomplices to come away and not steal all the pewter. Each carried that eye-rolling story from trial to gallows.

Chaplin was about 27; his father had tried to teach him his trade of “Ribband-weaving” which suggests (as does his surname) that his family might have been among the Huguenot weavers who escaped France’s religious crackdown decades before. He must have been a restless sort, for instead of sweltering over a loom he joined the army around age 15, perhaps about the right timing to put down the Jacobites, and afterwards basically went adrift in London’s criminal substratum. There he led “a very vicious Life … much addicted to Drinking, Swearing, and Whoring.”

His companion in the Lyver home and at the triple tree was Peter Boother, “about 21 Years of Age, descended of honest but very poor Parents, about 14 Miles from this Town his Father having been a mean Labourer in the Country.” The Ordinary does not give us a clear picture of Boother’s path into the felonious way of life, merely that he was young, penniless, and completely uneducated; combined with Boother’s tearful susceptibility to the Ordinary’s preaching, it suggests an impressionable youth, malleable to the forces around him which happened to be those of vicious want. (Chaplin, the Ordinary noticed, “appear’d to be a Man of more Resolution than his Companion, being more compos’d and settled in his Behaviour.”)

* Defoe had a few thoughts on the death penalty, too.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Murder,Not Executed,Public Executions,Theft

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1996: Youssouf Ali, the first in independent Comoros

Add comment September 16th, 2017 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1996, Youssouf Ali became the first person executed in the African island nation of Comoros since the country gained its independence from France in 1975.

Shortly before his trial, Comorian president Mohamed Taki Abdoulkarim had issued a statement lamenting that “our justice being too slow, it moves at the speed of a tortoise.” He vowed to make a crackdown on violent crime and to start implementing the death penalty.

Ali was first in line under the new policy.

There’s little reason to sympathize with the man: he had killed a pregnant woman, and he did it in front of multiple witnesses, leaving no doubts about his guilt.

However, it should be noted that, although Ali was entitled by Comorian law to appeal against his sentence, in 1996 the Appeals Court wasn’t functioning and didn’t even have any judges on its bench. Ali was publicly executed (by shooting) within days, and without an appeal. Amnesty International wrung its hands in response.

The death penalty is still on the books in Comoros and there are six individuals in the country currently under sentence of death, but the World Coalition Against the Death Penalty classifies it as “de facto abolitionist”. There’s an official moratorium on executions in Comoros at present, and since Ali’s death, only one other person has been executed: Said Ali Mohamed, shot for murder in May 1997. (The aforementioned execution-friendly President Abdoulkarim died in 1998.)

On this day..

Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Comoros,Crime,Death Penalty,Execution,Guest Writers,History,Milestones,Murder,Other Voices,Public Executions,Shot

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1888: Alexander Goldenson, San Francisco obsessive

Add comment September 14th, 2017 Headsman

Alexander Goldenson, an emigre “young, hot-tempered fellow [who] affects the style of dress adopted by the hoodlum element of the rising generation,” was hanged in San Francisco on this date in 1888 for gunning down 14-year-old Mamie Kelly, with whom he had apparently become obsessed. He went to the gallows clutching a photo of his victim — hoping he was about to join her in paradise.*

The story has a timeless quality to it: a smart but disturbed adolescent careening into sexual derangement; a young girl whose first crush became her budding stalker.

It also has a distinct 19th century throwback feel: implausibly esteemed “the first of the Hebrew race who has in this country committed the crime of murder,” Goldenson was the target of a lynching attempt — a would-be revival of a San Francisco tradition from gold rush days. When they finally noosed him under color of law 22 months after the murder, the sheriff issued too many invitations and “the capacity of the jail was overtaxed, many with tickets were unable to get in, and the crowd was one of the noisiest and most turbulent that ever thronged Broadway in front of the old jail.”

Goldenson is the subject of at least two very fine profiles already existing in this vast World Wide Web with ample primary research which we can scarcely hope to improve upon.

  • Our longtime friends at Murder by Gaslight profile “The School-girl Murder” here

  • Shades of the Departed found an intriguing artifact of the crime in an online auction and followed the threads to produce this great three-parter: Part I | Part II | Part III

* He converted to Catholicism hours before his execution, perhaps with this very object in mind. It didn’t work as far as the mortal remains went, anyway: pissed about the conversion, his Russian Jewish mother refused to release his body to the priest for a Catholic burial; and, pissed about the conversion, the Jewish cemetery wouldn’t take him either. He had to settle for the Odd Fellow’s Cemetery.

On this day..

Entry Filed under: 19th Century,California,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Jews,Murder,Sex,USA

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1862: Not Finnigan, miner’s court survivee

Add comment September 12th, 2017 Headsman

This entry from a diarist in Idaho’s 1860s gold rush arrives to us courtesy of Steven Tanasoca and Susan Sudduth in the Oregon Historical Quarterly of summer 1978.

Sydney-born, our observer George Harding in 1856 joined the wave of Austrlian migration to gold-strike California with his widowed mother and three younger brothers. But the family (augmented by a stepfather and an adoptive son) soon drove on to the Oregon Territory. In 1862, 19-year-old George, his brother Bill, and their stepfather Charles Murray tried their luck in the Idaho mining boom: far from prospecting, Harding made his bread by painting, carpentry, and suchlike workaday labor in the Elk City camp.


Wednesday 10th [September] Clear and fine all day. We worked all day on the fashion Saloon. A man by the name of [James] McGuire was shot through the neck this afternoon by a man named Finnigan. A most horrid murder was commited [sic] this afternoon. He was stabbed in the neck twice, cutting the jugular vein in two. He died about half an hour after. At the time of the murder, he was lying in bed supposed to be asleep. They have arrested Finnigan. Have suspicion that he committed the crime. We had a very severe frost last night. Ice was a quarter of an inch thick in the shop.

Thursday 11th Clear and fine all day. We work[ed] all day painting for Captain Maltby. The town has been in a great excitement all day. The miners came into town this morning and organised a Vigilance Committee. Finnigan has been on trial all day. The jury returned a Verdict about 10 o’clock this evening that he was guilty of Willful Murder. A great number of the miners was for hanging him right away, but after a little consideration it was decided that he should be hung at eleven o’clock tomorrow morning. We had another very heavy frost last night.

Friday 12th Clear in the morning, but got dark and cloudy in the afternoon. We worked all day for Captain Maltby. The scaffold was erected this morning about eight hundred yards from Elk City on the West side. Finnigan was brought to the scaffold about eleven o’clock under a strong guard. He was reading the prayer book all the way to it. When he got on the scaffold, he confessed that he committed the crime and stated the reasons why he had done it. He said that some time back he and the deceased had a quarrel in which the deceased had attempted to take his life with a knife and would have done it had he not been stopped by outside parties.* He said that after this he had wanted some revenge. Also, the deceased had said that he would kill him the first chance he got. Finnigan warned all young men to take warning by him to keep from drinking and gambling as it was that that had brought him on the gallows now. Finnigan took a parting leave of all his friends. The Sherif [sic] then covered his face and tied his hands behind his back and put the rope around his neck. The trap was then let go, and to the astonishment of the spectators, Finnigan fell to the ground. By some means or other the knot came untied after giving Finnigan a heavy jerk. As soon as he could speak he cried out to save him, save him. Some of the people then cried out to let him live and he was then taken back to the town, which he left this afternoon. It commenced raining this evening.

* The bad blood between these men is fleshed out a bit more — along with a more cinematic version of the gallows escape — in An Illustrated History of North Idaho. This source not unreasonably suspects that a sympathetic hand among the execution party might have rigged the noose to “by some means or other” come undone.

On this day..

Entry Filed under: 19th Century,Borderline "Executions",Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Executions Survived,Hanged,History,Idaho,Lucky to be Alive,Lynching,Murder,Not Executed,Pardons and Clemencies,Public Executions,USA

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1960: George Scott

Add comment September 7th, 2017 Headsman

On this date in 1960, a goon went to the San Quentin gas chamber for his violent retort.

On the evening of December 30, 1958, George Albert Scott was exiting a Melrose cafe with his partner in crime Curtis Lichtenwalter, having profitably held up the joint with a sawed-off shotgun.

A Samuel Goldwyn Studio executive with very poor timing named Kenneth Savoy just happened to be walking in the door as the robbers were walking out, and Scott decided to augment their takings en passant.

“Just a minute, mister,” Scott hailed Savoy (according to this Los Angeles Times blog retrospective). “Give your wallet.”

Savoy upped the ante with a bravado that he might have regretted seconds later when Scott’s shotgun blasted him in the stomach: “I’m single and have no responsibilities — no one will miss me. If you want my wallet, you will have to shoot me first.”

This was the first casualty in the course of several Los Angeles stickups the pair had perpetrated that December. Lichtenwalter, who had no previous criminal record, bailed out of the duo’s Jesse James act after this but the parolee Scott went on to knock over a couple more places before he was cornered in a hotel with a woman named Barbara White, picturesquely described via a lax Eisenhower-era Times copyeditor as “a former woman wrestler.”

Scott made multiple suicide attempts during his death row stint, ranging from a gory throat-slashing at his sanity hearing to (according to the Associated Press wire dispatch*) three tries on the more desperate end of the spectrum on the literal eve of his execution:

First he smashed a light globe and stuffed glass in his mouth. A doctor said he was not harmed seriously.

Two hours later, guards reported, he stood on his cot and dived against the wall with his head.

Restrained, he eluded guards and began ramming his head against the cell wall.

He went to his death calmly, and with a skull-splitting headache.

* Quoted here from the Augusta (Ga.) Chronicle of September 9, 1960.

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Entry Filed under: 20th Century,California,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Gassed,Murder,Pelf,Theft,USA

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1594: Thomas Merry and Rachel Merry, lamentable tragedie

Add comment September 6th, 2017 Headsman

On this date in 1594, Thomas Merry (Merrey, Merrye) and his sister Rachel were executed at Smithfield — Thomas for the robbery-motivated bludgeon murder of their neighbor Master Beech, and (too-)loyal* Rachel as an accessory to it.

No original record of this case survives, but we have its date from a registry record of one of the numerous now-lost ballads about the case, The pitifull lamentation of Rachell Merrye, whoe suffred in Smithfield with her brother Thoms Merrye the vj of September 1594.

The one remaining artifact available for specifics, be they ever so embroidered, is a play from 1601; the date alone underscores the hold of the by-then-seven-year-old crime on public imagination.** And small wonder it was the talk of London, considering the cracking action seen in Robert Yarington’s Two lamentable tragedies:† The one, of the murther of Maister Beech a chaundler in Thames-streete, and his boye, done by Thomas Merry. The other of a young childe murthered in a wood by two ruffins, with the consent of his unckle — like this scene where brother and sister figure out how to carve up the victim. (Slightly tidied for readability.)

Enter Merry and Rachel with a bag.

Merry
What hast thou sped? have you bought the bag?

Rachel
I brother, here it is, what is’t to do?

Merry
To beate hence Beeches body in the night.

Rachel
You cannot beare so great a waight your selfe,
And ’tis no trusting of another man.

Merry
Yes well enough, as I will order it,
Ile cut him peece-meale, first his head and legs
Will be one burthen, then the mangled rest,
Will be another, which I will transport,
Beyond the water in a Ferry boate,
And throw it into Paris-garden ditch.
Fetch me the chopping-knife, and in the meane
Ile move the Fagots that do cover him.

Rachel
Oh can you finde in hart to cut and carve,
His stone colde flesh, and rob the greedy grave,
Of his disseuered blood besprinckled lims?

Merry
I mary can I fetch the chopping knife.

Rachel
This deed is worse, then when you tooke his life.

Merry
But worse, or better, now it must be so,
Better do thus, then feele a greater woe.

Rachel
Here is the knife, I cannot stay to see,
This barbarous deed of inhumanitie.

Exit Rachel

Merry begins to cut the body, and bindes the armes behinde his backe with Beeches garters, leaves out the body, covers the head and legs againe.

If we credit the play — and it’s the only source in town — poor Master Beech ended up hacked into many pieces that were secreted in various places around London as a ploy to avoid detection.

Amazingly, this gruesome and obscure drama has been staged in the 21st century, using not only the Sheakespeare-era script but the rehearsal and performance methods common at the time. There’s a site all about it, including a Tedx Talk by director Emma Whipday and her collaborator Freyja Cox Jensen. (Readers interested in the play production challenges might enjoy this pdf paper by Whipday and Jensen.)

We would be remiss on a site such as this not to spare a peep for the actual execution scene. We pick it up with Thomas Merry already standing upon the ladder with the hemp about his throat, exhorting his sister to firmness.

Merry
God strengthen me with patience to endure,
This chastisement, which I confesse too small
A punishment for this my hainous sinne:
Oh be couragious sister, fight it well,
We shall be crown’d with immortallitie.

Rachel
I will not faint, but combat manfully,
Christ is of power to helpe and strengthen me.

Officer.
I pray make hast, the hower is almost past.

Merry
I am prepar’d, oh God receive my soule,
Forgive my sinnes, for they are numberlesse,
Receive me God, for now I come to thee.

Turne of the Lather: Rachel shrinketh.

Officer
Nay shrinke not woman, have a cheerefull hart.

Rachel
I, so I do, and yet this sinfull flesh,
Will be rebellious gainst my willing spirit.
Come let me clime these steps that lead to heaven,
Although they seeme the staires of infamie!
Let me be merror to ensuing times,
And teach all sisters how they do conceale,
The wicked deeds, of brethren, or of friends,
I not repent me of my love to him,
But that thereby I have provoked God,
To heavie wrath and indignation,
Which turne away great God, for Christes sake.
Ah Harry Williams, thou wert chiefest cause,
That I do drinke of this most bitter cup,
For hadst thou opened Beeches death at first,
The boy had liv’d, and thou hadst sav’d my life:
But thou art bronded with a marke of shame,
And I forgive thee from my very soule,
Let him and me, learne all that heare of this,
To utter brothers or their maisters misse,
Conceale no murther, least it do beget,
More bloody deeds of like deformitie.
Thus God forgive my sinnes, receive my soule,
And though my dinner be of bitter death,
I hope my soule shall sup with Iesus Christ,
And see his presence everlastingly.

Dyeth.

Officer
The Lord of heaven have mercy on her soule,
And teach all other by this spectacle,
To shunne such dangers as she ran into,
By her misguided taciturnitie:
Cut downe their bodies, give hers funerall,
But let his body be conveyed hence,
To Mile-end greene, and there be hang’d in chaines.

Exeunt omnes.

* At one point in the play described in this text, Rachel Merry muses on the enormity of the crime and the likelihood of its detection — “such cruell deedes can never long be hid / Although we practice nere so cunningly.” Neveretheless, she stands by her kin: “Lo he is my brother, I will cover it, / And rather dye than have it spoken rife, / Lo where she goes, betrai’d her brothers life.

** There’s yet another known play about the case from 1599, also lost.

† This play strangely cuts back and forth between the action in the titular two tragedies, which are the Merry crime and a fictitious murder set in Padua — the whole thing scaffolded by a chorus of narrator-allegories comprising Homicide, Avarice, and Truth. The Italian story also ends in a pair of executions.

On this day..

Entry Filed under: 16th Century,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Murder,Pelf,Public Executions,Theft,Women

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1964: James Coburn, George Wallace’s first death warrant

Add comment September 4th, 2017 Headsman

James Coburn was electrocuted on this date in 1964 in Alabama’s “Yellow Mama”.

He’d been condemned for a Dallas County robbery … and only for that. He has the distinction of being the very last human being executed in the United States for any non-homicide crime; at a stretch one could perhaps reckon him the most distant echo of the Anglosphere’s long-ago “Bloody Code” days, when the sturdy Tyburn tree strained with mere burglars and pickpockets.

Such draconian laws were not enforced in England any more, not for a very long time. (Great Britain abolished the death penalty for purely property crimes in the 1830s.) In fact, the last British executions for any kind of crime at all had occurred weeks before Yellow Mama destroyed James Coburn for robbery.

Presiding over this anachronistic penal event was a knight of the nascent American reaction: Alabama Governor George Wallace. He’d been sworn in just the previous year with the infamous vow, “segregation now, segregation tomorrow, segregation forever!”

Coburn’s was the first death warrant to bear Governor Wallace’s signature, but it’s a small surprise that it was the first of just four — considering that Wallace served 16 total years in three separate stints as a conservative executive in a southern state.

One reason was simply because, like his contemporary Ronald Reagan, Wallace’s political star reached its height during the the death penalty’s late sixties to early eighties lull.

But another is that, despite musing inclusively about “a lot of bad white folks and a lot of bad black folks who ought to be electrocuted,” Wallace nurtured gnawing doubts about capital punishment that seem to have grown throughout his strange career.

As a young law student, Wallace had assisted a capital defense for a man who had murdered his wife by dynamiting the house — the charge “blew her through the roof, and she fell down a mass of meat,” in Wallace’s words. The defense seemed hopeless, but Wallace conjured a strategy to keep this particular bad white folk out of the electric chair.

One morning before court opened, just as Beale and Wallace thought all was lost, a relative brought the defendant’s son to see his father. “He was about ten or eleven,” Wallace remembered, “but he looked younger than that. He was a sallow-looking boy, like he had hookworms, and he ran over to his daddy when he came into the courthouse and hugged him and kissed him.” Wallace, who witnessed the scene, told Beale they could use the boy to try to whip up some sympathy among the jurors. Beale agreed; the two took the boy into a room, and Wallace asked him if he understood what was going on. “Do you understand that people in that courtroom are asking that your daddy be electrocuted? That they want to do away with him? Do you understand that?” And Wallace said that every time he would mention it, the boy would break down and cry. So Wallace sat the boy right behind the defendant’s table. “Every time Attorney Beale was asking questions of a witness,” Wallace said, “I would lean over and whisper to this young boy, ‘Son, they’re trying to kill your daddy.’ He would immediately break down in sobs, and the judge would have to recess the court.”

After the testimony concluded, Beale addressed the jury on the circumstantial nature of the state’s evidence; then he asked Wallace to make a final statement for the defense. “I pinned it all on the boy,” Wallace recalled. “I put my arms around him and I said, ‘Now listen, this fellow here has nobody left in the world but his father. His father is no good, he’s no account — but his son still loves him; you saw that in the courtroom. So I am pleading with you for this boy. Save his daddy’s life so he’ll have somebody in the world who loves him, even though he’s in prison.'” The prosecutor had asked for the death penalty, Wallace told the jury. “He said, ‘If anybody deserves the electric chair, this man deserves it.’ If we were trying this man on whether he is a sorry, no-good individual, I would agree: he’s no good; he’s no account; he’s killed his wife for no good reason. But I ask you to let this man live so the son will still have a father.” Wallace then brought the boy to the jury box and said: “Gentlemen, think of this child when you are making that decision. He comes from a poor family. He has not had many good things in life. But he still loves his daddy, whether or not he has committed this horrible crime. I plead with you for this little boy.” After the judge’s charge, Wallace and Beale went to a cafe, but they had barely finished a cup of coffee when the bailiff rushed over and told them the jury was coming back in. “We find the defendant guilty,” the foreman said, “and we fix his punishment at life in prison.” Wallace was elated — so much so that he refused the hundred-dollar fee that Beale offered him. “I would have given you a hundred dollars for the experience this gave me,” he told Beale.

-George Wallace: American Populist

Cynical, sure. (Even Wallace’s ultra-segregationist persona was cynical, adopted after he lost an earlier election as the moderate running against a Klan-endorsed opponent.) But whatever his other faults, he genuinely didn’t seem to delight in the executioner, and by the end of his life his acquaintance with this character had put him in fear for his soul.

Governor Wallace signed one other death warrant in 1965, and — after an interim of three presidential bids on the white ressentiment ticket plus a near-assassination that left him wheelchair-bound — found himself governor again in the 1980s. The first death cases under the “modern” Alabama law that Wallace himself had signed in 1975 were just then beginning to reach the end of the line.

And we find, via this post channeling Evan Mandery’s A Wild Justice: The Death and Resurrection of Capital Punishment in America, that Wallace was agonized before doing what he was always going to do.

George Wallace was beginning his final term as Alabama’s governor when he was asked to sign [John Louis] Evans’s death warrant. Wallace’s notoriety, of course, rests primarily on the day in 1963 that he stood in a doorway at the University of Alabama to keep black students out. But it is also worth noting that his 1968 third-party presidential campaign perfected the “tough-on-crime” sloganeering that would dominate much of American electoral politics into the 1990s.

Privately, George Wallace had long harbored doubts about capital punishment. In 1964, he told his law clerk that he thought it should be ruled unconstitutional. By 1983, Wallace had survived a shooting, converted to born-again Christianity, and recanted his segregationism. In Mandery’s words, his “reservations about the constitutionality of capital punishment had evolved into full-blown opposition.” The night before Evans was due to be executed, Wallace telephoned his lieutenant governor “in tears,” Mandery recounts. Wallace said that “he had been up all night ‘praying the Bible,’ and couldn’t bring himself to sign the warrant.” That lieutenant governor was the former law clerk, Bill Baxley,* with whom Wallace had shared his reservations 20 years before. Baxley was a liberal Democrat — as Alabama’s attorney general, he had earned the wrath of the Ku Klux Klan for his investigation and prosecution of civil rights cases — who supported the death penalty. He convinced George Wallace that there was no political choice but to sign the warrant … Evans was strapped into an electric chair and, after two botched jolts that left him burned but alive, was shocked to death on the state of Alabama’s third attempt.

* Baxley is famous for investigating a notorious 1963 church bombing, and relatedly for deploying Alabama state letterhead in one of its very best uses ever.

On this day..

Entry Filed under: 20th Century,Alabama,Capital Punishment,Common Criminals,Crime,Death Penalty,Electrocuted,Execution,History,Milestones,Theft,USA

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1860: Samuel Brust

Add comment August 31st, 2017 Headsman

From the New York Times, September 7, 1860:

A Murderer Hung.;

HIS DYING SPEECH AND CONFESSION.

Some months since SAMUEL SIMON BRUST murdered WM. FREDERICK SCHMIDT, in St. Louis. BRUST fled to Cincinnati, but was soon after arrested there and taken back to St. Louis, where he was tried, convicted and sentenced. On Friday last he was hung in the yard of the St. Louis jail. On the scaffold, after offering a prayer, he made the following speech to the spectators:

BROTHERS AND SISTERS: This is my last minute I am here. In a very few minutes I am gone. I have completed my life.

I killed WM. FREDERICK SCHMIDT. I took the money from him. I confessed to my minister here from the very first day when I got my sentence. I was very sorry for it, because I have done such a big crime.

Now, our God he gave me punishment. He let me fall, drop down here far as to hell, and then afterwards he help me out again with His strength, with His grace. He help me up again so far I can stand up. I don’t care nothing about it. I don’t care anything about this, and I know, for I am sure and certain that God in Heaven is my Father. Jesus Christ, He gave me the grace, He gave me the law, and here I stand, knowing who I look to, and though I lose my life, I am very happy and very well satisfied with this. The only place where I found my help, that was the grace at the foot of Jesus Christ. That is the only place where any sinner, any big-crime sinner, can find help, as he suffered on the cross for all sinners in the whole world.

And I thank God for it, and I love him to the last minute for all what he has done on me. He gave me a sound body; he gave me a soul, and fetched me so far as here, but he never told me to do such a big crime as that. It was my own fault. It is nobody else have the badness to fetch a man so far as that; but if every man will look right what he is here if he have committed a big crime, and look right to Him, it is only the grace of God can fetch him so far as he find out himself his own heart. I confess myself as a big sinner, as a big crime committer. I have done it, and I am very well satisfied with this here. This here rope don’t fetch me to death. It kill my body, it take the life out of my body, but I know I got heaven for me. I know my Lord suffered for me on the cross, and I will get him for my help. I know I am a blind sinner. I found it very true, and what Jesus Christ has left in his words. That is the only place where a man can find out his sins.

It is very hard to die on this here rope, for a young man. But it is not hard for me, I know this rope will fetch me up to my home; I don’t take it for myself — this here rope, but it is the grace of God that helps me see this here.

I thank God for everything; I thank Him for the last minute I got a soul in my body. I wish every sinner to fall on the feet of Christ, and beg to Him for forgiveness; I wish everybody to go in himself and find Him out for help; that is the only help he can get. I had punishment harder than any man in this city, but I believe God told me in this kind of punishment here in this way. He knows how to get me out. I forgive everybody who have had anything to do with me, and I say to you, gentlemen, brothers and sisters, to-day the same. I wish now to speak a few words in German.

BRUST then delivered substantially the same speech as given above, in the German language, and during the entire delivery, his voice never faltered, neither did he exhibit any excitement or nervousness. When he had concluded he made another prayer, then stepped quickly upon the drop, adjusted the rope around his neck with his own hands, and put his arms behind him so that they might be tied together. The Sheriff touched the drop, and after a few struggles life was extinct.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Missouri,Murder,Public Executions,USA

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2000: Gary Lee Roll, pained

Add comment August 30th, 2017 Headsman

On this date in 2000, Missouri put Gary Lee Roll out of his suffering.

A war veteran with no criminal record prior to the triple homicide that landed him in these pages, Gary Lee Roll came from — and, according to his remorseful last statement, failed — a stable and secure family.

He could trace his own tragedy back in 1973 when a botched operation by a U.S. Army oral surgeon left him with a life-altering pain in his jaw that would never go away. It eventually pulled him into a spiral of self-medication..

“It hurts to talk about it,” Roll said of the continual debilitating pain that afflicted most of his adulthood. “It affected my life so much. It changed me.”

One night in August 1992 Roll, his pain abated but his mind clouded by pot, LSD, and alcohol, persuaded two buddies to join him on a spur-of-moment robbery of a drug dealer. Our man barged into the place posing as a cop, and then reflected that he was liable to be identified by his victims. Before the trio fled richer by $215 and 12 ounces of pot, they’d left Sherry Scheper bludgeoned to death, her son Curtis, 22, knifed to death, and her other son Randy, 17, shot to death. (Randy was the one in the drug trade.)

As ill-planned as this sounds, and was, the killers were not detected for weeks afterwards, when one of Roll’s accomplices grew nervous about his situation and secretly taped our man admitting to the murder. Those tapes found their way into the hands of police.

The pain-wracked Roll entered guilty pleas and though not technically a volunteer for his own execution also showed little zeal to oppose it. “If I thought there was something I could say, I would say anything. But I don’t think there is,” he reportedly mused. His accomplices both received life sentences.

On this day..

Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Drugs,Execution,Lethal Injection,Missouri,Murder,Theft,USA

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