Posts filed under 'Diminished Capacity'

1851: Aaron Stookey, clemency denied

Add comment September 19th, 2015 Headsman

State of New York, Executive Department
Albany, Sept. 4, 1851.

To Thomas Carnley, Esq., Sheriff of the City and County of New York

Sir: — I have carefully considered the application for a commutation of the sentence of death pronounced upon Aaron B. Stookey, to be executed on the 19th inst., for the murder of Zeddy Moore.

I have weighed the evidence with an anxious desire to give him the benefit of every circumstance which tends to extenuate his guilt; but after a mature deliberation I am clearly of opinion that his conviction was merited, and that the ends of public justice require the execution of the sentence.

The facts disclosed on his trial were sufficient beyond all doubt, to constitute the crime of wilful murder. It is contended that most of the material witnesses for the prosecution were persons of infamous character and unworthy credit. Making all due allowance for this objection, the proof of his guilt is so complete and overwhelming as to preclude any doubt, and in fact no material fact alleged by any of the witnesses have been called in question by the convict or his friends.

It appears that Stookey met his unfortunate victim casually in one of the public streets of your city. He was armed with deadly weapons, which he usually carried about his person. Upon provocation which, if not wholly imaginary, was too trivial to justify even momentary resentment, and apparently with no other motive than the indulgence of wanton and brutal passion, after first instigating his comrade to commit violence upon Moore, he declared his own intention to kill him and instantly stabbed him to the heart.

To palliate the enormity of this offence, it has been alleged that Stookey was laboring under temporary alteration of intellect, and was morally incapable of an intentional and deliberate crime. [i.e., he was drunk on rum -ed.] Several affidavits have been placed before me intended to sustain this hypothesis. Deeming it my duty to obtain satisfactory evidence on so material a point before coming to a final decision, I have caused an investigation to be made of all the facts bearing upon the question of insanity, and the result proves that there are no sufficient grounds for such an assumption.

It is shown that Stookey, for some years past, had led a life of dissipation and debauchery, that his moral nature was depraved, and his mental faculties impaired, by a long course of vicious indulgence; and in this general degradation of character consists the only reason that has been adduced for doubting that he was conscious of evil, and still retained those powers of moral perception which are given to discern between virtue and crime. All the usual phenomena of insanity and lunacy are wanting. There was nothing in his conduct to indicate that destitution of reason which absolves men from moral and legal responsibility.

My sympathies have been deeply moved by the earnest appeals made in behalf of your prisoner by his worthy relatives and friends. The petitions presented to me bear the names of many influential and respected citizens, whose opinions deserve the highest deference and regard. It is a painful office to be compelled to resist these urgent and affecting solicitations. But all must remember it is the voice of the law which condemns the murderer to death. This penalty, the most dreadful which human power can inflict, is imposed not in a spirit of retaliation or of vengeance, but from conviction of its necessity, for the protection of society and the security of mankind. The severity of the law in this respect has its source in the sacred regard for human life which pervades all civilized communities.

It proclaims in advance, to all whose evil passions may prompt to deeds of blood and vengeance, the impressive warning, that whosoever shall take the life of his fellow being shall thereby forfeit his own. This stern mandate is conceived not in cruelty but in humanity; in compassion for the innocent rather than a willingness to destroy the guilty; it originates in the obligation which society owes to all its members to protect them from unlawful violence, and its true aim is to prevent both crimes and punishments by restraining those who can only be deterred from the worst of offences by the most terrible penalties.

I am aware that serious differences of opinion exist among enlightened legislators in respect to the justice and tendency of a penal code which forfeits the life of the offender in case of murder. It does not come within my province to discuss this principle in the discharge of my executive duties. The law as it stands must be my guide, so long as it remains in force. It is among the first and highest of my obligations to see that it is faithfully executed.

The penalty which the State has prescribed, as a punishment for the crime of wilful murder, must be enforced in all cases where the offence is established by clear and sufficient proofs. This responsibility, weighty and difficult at all times, derives unusual force from the alarming increase of crime in some portions of our State, and especially in your city. The destruction of life by criminal violence has become an event of almost daily occurrence. My reflections upon this subject have produced a firm conviction that this deplorable evil is to be checked, and the lives of our peaceful citizens effectually shielded from danger only by an efficient, faithful and unswerving execution of the law. The peace and safety of society are too sacred to be hazarded by the indulgence of those generous sympathies which the fate of the convict is so well calculated to excite. The demands of justice, and an enlightened regard for the public security, must prevail over the pleadings of compassion.

It remains for you to discharge the most trying duty of your office as I now do mine.

Very respectfully,

Washington Hunt

P.S. — I intended to have remarked that Stookey’s crime may be traced directly to the habit he had adopted of carrying a dangerous weapon concealed about his person. His fate should be a warning to all who indulge in this reprehensible practice. It cannot be too strongly impressed upon their minds that persons who choose to carry concealed arms, will be held to a rigid responsibility for the use they may make of them, and for all consequences that may ensue.

(Clemency denial and execution order as printed in the New York Spectator, September 11, 1851.)

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1824: Johann Christian Woyzeck, non compos mentis?

Add comment August 27th, 2015 Headsman

Johann Christian Woyzeck was publicly beheaded on this date in 1824 for fatally daggering his lover in a jealous wrath.

An orphan to whom the Napoleonic Wars gifted to the rudderless youth the stopgap profession of soldiering, but once the fighting stopped, Woyzeck wandered back to his native Leipzig and gave rein to his many vices.

Suicidal, drinking heavily, and unable to hold down steady work, Woyzeck frequently abused his special lady friend, the widow Johanna Christiane Woost. He would later say that he was often urged by voices in his mind to slay her — and on the night of June 21, 1821, after she canceled a rendezvous, he did so at last.

A pathetic exit from life turned out to be an entrance into judicial and literary history.

There was no question but that Woyzeck’s hand had taken Woost’s life, but proceedings against the killer dragged on for three years as courts vacillated on his mental competence. Woyzeck had been wildly depressed and owned to hallucinations and unbalanced moods that his contemporaries could readily recognize as falling near the pall of madness.

Nevertheless, Woyzeck had initially been slated for execution in November 1822 based on the evaluation of celebrated Leipzig physician Johann Christian August Clarus, but another doctor — academics will recognize the irksome intervention of reviewer no. 2 here — horned in with a missive questioning the conclusion.

That stay invited an 11th-hour stay and five more examinations worth of billable hours for Dr. Clarus, who studied up his man again and came to the same conclusion: that Woyzeck, though disturbed, was cogent enough to bear responsibility for his actions. It was in the end by this verdict that the executioner’s sword-arm swung.

The lost soul’s end on a Leipzig scaffold on this date would eventually inspire the writer Georg Buchner to pen the play Woyzeck. Though left unfinished when Buchner died young, the play has been frequently staged down to the present day, and even adapted for the silver screen by Werner Herzog:

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1890: Edward Gallagher, “none of your damned business!”

Add comment July 11th, 2015 Headsman

On this date in 1890, thrashing in panicked resistance, Edward Gallagher hanged in Vancouver, Wash.

Louis Mar, an aged and solitary farmer who was known to carry large sums of cash on him, had been found in November 1889 shot dead outside his home — which had also been ransacked but to little effect. (Thousands of dollars were discovered tucked into the house’s nooks and crannies that the assailant(s) had overlooked.) A discarded scrap of a newspaper proved to match the edition Gallagher himself was carrying when detained lurking around the Mar place a few days later.

1890 was the year that America’s the western frontier officially closed, but the grueling life in its Cascade Mountain vestiges in the 1880s had taken a toll on the Chicago-born murderer. The Portland Oregonian (July 6, 1890) noted that he “is 24 years old, but looks to be over 30.” On top of that, he nearly burned to death awaiting trial in jail when Vancouver’s courthouse went up in flames in February of 1890.

Gallagher might very well have been non compos mentis, and it is not a mark in favor of his sanity that he elected to defend himself by agreeing that he pulled the trigger, but arguing that it had been done in self-defense … while on Mar’s land … and prior to burgling Mar’s house … with a mystery accomplice whom he refused to name.

As much as the circumstances implied a cold-blooded killing, Gallagher’s erratic behavior, disjointed nonsense story of the crime, and inexplicable confidence in his pardon all struck many observers as the mark of a genuinely unbalanced man.

“Gallagher does not seem to comprehend his fate,” the Oregonian puzzled. “One would be in a quandary to decide whether he was insane or lacked brains to comprehend the enormity of his crime.”

He maintained that incomprehension all the way to the gallows platform. As a fascinating 2013 retrospective in the Vancouver Columbian described it,

didn’t believe he would die that day — despite the bloodthirsty crowd before him, the $225 spent on his execution, the lawmen flanking his left and right.

Instead, with a “slickly idiotic smile,” he apologized to the audience for his appearance and promised he would do better next time. He said “the soldiers” would save him.

Reality struck when his hands were bound. For three maniacal minutes, Gallagher swung his arms and kicked violently, knocking over the sheriff and his helpers. Seven men finally subdued him.

The death warrant was read, a black hood pulled over Gallagher’s head and the noose tightened. Sheriff [M.J.] Fleming, who was paid $50 for the deed, gave the condemned man one more chance to confess to killing and robbing Lewis Marr, an old farmer found dead on his land in the Lower Cascades area of Skamania County.

“Did you kill that man, or did you not? Now, answer,” the sheriff said, according to newspaper accounts.

From beneath the black hood, Gallagher sneered his last words: “None of your damned business.”

His egregious death was witnessed by 200 official ticket-holding invitees, but the wooden stockade nominally enclosing the gallows was easily peered through or over … so another 500 people outside the stockade also peeped on the de facto public execution.

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1900: Benjamin Snell, electricity in his head

Add comment June 29th, 2015 Robert Elder

(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.)

As the rope was placed around his throat:

“Oh, I’ll smother with that on. I’ve got electricity in my head now.*”

– Benjamin Snell, convicted of murder, hanging,** Washington, DC.
Executed June 29, 1900

“A man of education and good family,” Snell was convicted of murder after breaking in to the house of child Lizzie Weisenberger and cutting her throat with a razor. Other prisoners shunned Snell, and when Frank Funk heard that he was to be executed on the same day and scaffold as Snell, he petitioned the courts to change the day. President McKinley reprieved Funk for several days, and Snell and Funk maintained “bitter hatred” until Snell’s death.

* Snell, who pursued an insanity defense that was not persuasive to the jury but was convincing enough to induce the entire Congressional delegation of his home state of Georgia to petition President McKinley for a commutation, regularly complained of electricity buzzing in his brain. “I told a physician about it and he laughed at me,” Snell complained (Washington Evening Star, June 28, 1900) of the incredulity this complaint elicited. -ed.

** A giant at two meters tall and a reported 17 stone on the day of his execution, Stone was nearly decapitated by the noose — presumably the consequence of the characteristic American practice of making an impressionistic guess at the right length of the drop, rather than scientifically calculating it.

San Jose (Calif.) Evening News, June 30, 1900.

The victim’s father had the goriest seat in the house for this, standing “directly at the foot of the scaffold, within a few feet of where the body swung after the fall” (Evening Star, June 29, 1900) at the private hanging. -ed.

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1912: Rev. Clarence Richeson, minister, madman, and murderer

Add comment May 21st, 2015 Headsman

Minutes after midnight this date in 1912, a desexed preacher’s troubled concupiscence was at last abated by the Massachusetts mercy seat.

Some demon ruled Clarence Virgil Thompson Richeson‘s wayward footsteps through this life, and ere its last immolation saw Richeson alternate a serial pattern of abstinent betrothals with bouts of increasingly severe mental instability.

“Clarence had become deranged,” wrote one of the several theological seminaries he attended to his father, explaining why he couldn’t be kept.

Derangement for Clarence Richeson ranged from the merely embarrassing (wet dreams, three or four times a week) to the positively poltergeistian (bouts of raving, delirious lunacy). These foibles proved no obstacle to the charismatic Richeson’s repeated engagement — six or more young women by my count succumbed to his court — although he would later confess that these relationships, never consummated in matrimony, were almost never consummated in bed either. Richeson claimed to have remained a virgin until age 28, and then for most of the succeeding six years as well, even though a book of that period describes him as a “tall, handsome giant with the classic face of a Gibson hero.” On at least one occasion he besought a doctor to castrate him as he feared he could not keep his self-control around women.

Richeson’s strange proclivities kept interrupting the cursus honorum of Baptist pastorships that comprised his professional life: he had to resign from a church in Kansas City in 1904 after proposing to three different women, and a gig in El Paso was cut short when he fell into a spell of paranoid delusion.

1908 finds him a minister once again, now in Hyannis, Mass., and celebrating the birthday of 17-year-old Avis Linnell with an engagement ring. His “spells” or “fits” of madness were continuing as well, and numerous associates would later produce affidavits testifying to his violent outbursts. A doctor (who only quelled Rev. Richeson this night by morphine) recalled one incident:

I was called to see him at the residence of Mrs. Hallet, with whom he was boarding, and when I arrived I found there were with him two or three men whom I knew to be members of his church; he was acting violently and they were trying to control and quiet him both by words and by attempting to restrain him by physical force. He appeared at times to be partly conscious; then he would go into a state whereby he lost consciousness and was practically unconscious, apparently had no knowledge of what he was doing or saying. During this period of time he talked irrationally, raved incoherently, and physically manifested an abnormal degree of strength.

Parishioners decent enough to stand with their preacher would eventually find these private afflictions played out in lurid public detail. That was after Avis Linnell turned up dead at the Boston YWCA where she boarded while studing at the New England Conservatory of Music. It was 17 days before her scheduled Halloween, 1911 marriage to Clarence Richeson, and Miss Linnell was pregnant.

At first ruled a suicide, the case caught the eye of the Boston Post, whose swarm of reporters soon found a pharmacist who had sold Richeson cyanide days before the death of his betrothed. Richeson’s clemency petitions would eventually focus on his unbalanced mental state, but poison, of course, suggests the calculation of the pastor and not the outbursts of the madman within. (We’re getting ahead of ourselves, but doctors arguing for mercy also viewed Richeson as a prime research subject, whose maintenance behind bars could help to avert dangerous mental illnesses in others in the future.)

Matters went very quickly from this point.

Richeson resigned from his pastorship and, while lying in jail under indictment, slashed himself with a sharp piece of tin. Not his wrists, but his manhood — an attempted emasculation that was near enough successful that the physician responding to his shrieks was obliged to complete it in order to close up the wound. Richeson would later insist that he “shall think to my dying day that two men came in and did it” — apparitions of his mind’s creation.

The dying day was quick in coming. Two weeks after his self-mutilation, on January 5, 1912, Richeson withdrew his pretrial not guilty plea and simply copped to the murder. The death sentence was mandatory, but the plea also prevented any opportunity for a jury to rule on whether the killer’s instability lessened his criminal culpability. It was the opinion of some psychiatrists and not a few laymen that it was not simply a matter of Richeson’s state slipping between lucidity and delirium, but that his deterioration over the years had delivered him into a state of permanent derangement. Even Avis Linnell’s mother forgave her daughter’s killer “this dreadful thing” because “it is my belief he went to the electric chair an insane man and that he has been mentally irresponsible for some time past.”

On Sunday, May 19, a day and a half before he became the 14th client of the Massachusetts electric chair, Rev. Richeson conducted his last service — not in the prison chapel (against regulations) but from his own cell. “This is Sunday my last on earth,” he reflected. “If I had lived a righteous life I should today be delivering a sermon from the pulpit of my church in Cambridge instead of being caged here awaiting a felon’s death.”

It had not been so long ago in those environs that any execution would be a prayerful service, condemned together with the congregation. Matters by now were disposed of behind prison bars, but the electrocution of a clergyman was far too rich a theme not to fill New England’s actual pulpits that same day with topical exhortations; indeed, since the Richeson case made national headlines, these were preached all over. (The Olympia, Wash., Daily Recorder of May 20 notes a Presbyterian baccalaureate address that Sunday touching on Richeson as a cautionary example; the Grand Rapids, Mich. Evening Press of May 27 had a preacher at the Calvary Baptist Church declaiming against Richeson’s execution as an instance of anti-clerical prejudice.)

With the witnesses all gathered in the death chamber and just as the last straps were being adjusted the Rev. Herbert S. Johnson stepped forward and asked Richeson the following questions which he answered in a clear voice:

“Would you like to confess Christ as your Savior before these witnesses?”

“I do confess Christ as my Savior.”

“Have you the peace of God in your heart in this hour?”

“I have the peace of God in this hour.”

“Does Christ give you the strength you need in this hour?”

“Christ gives me the strength I need.”

“Do you repent of your sins?”

“I do.”

“Have you the peace of God in your heart?”

“God will take care of my soul and I pray for all.”

“Are you willing to die for Jesus’ sake?”

“I am willing to die.”

Just as he uttered the word “die,” Warden Bridges tapped the stone floor with his gold headed black cane which had been used so many times as a signal to the executioner who switched on the electric current and at 12:17 Drs. McLaughlin, McGrath and Butler pronounced Richeson legally dead. The penalty exacted by the laws of Massachusetts had been paid and all hope of studying this abnormal man for the purpose of aborting criminal tendencies in others of his kind was wiped out in a few seconds.

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1616: Margaret Vincent, “Pitilesse Mother”

Add comment May 18th, 2015 Headsman


A pitiless mother, that most unnaturally at one time murdered two of her own children, at Acton within six miles from London, upon Holy Thursday last 1616, the ninth of May. Being a gentlewoman named Margaret Vincent, wife of Mr. Jarvis Vincent of the same town. With her examination, confession and true discovery of all proceedings in the said bloody accident.

How easy are the ways unto evil, and how soon are our minds (by the Devil’s enticement) withdrawn from goodness. Leviathan, the archenemy of mankind, hath set such and so many bewitching snares to entrap us that unless we continually stand watching with careful diligence to shun them, we are like to cast the principal substance of our reputation upon the rack of his ensnaring engines. As for example, a gentlewoman, ere now fresh in memory, presents her own ruin amongst us, whose life’s overthrow may well serve for a clear looking-glass to see a woman’s weakness in, how soon and apt she is won unto wickedness, not only to the body’s overthrow but the soul’s danger. God of his mercy keep us all from the like wilfulness.

At Acton, some six miles westward from London, this unfortunate gentlewoman dwelled, named Margaret Vincent, the wife of Mr. Jarvis Vincent, gentleman, who by unhappy destiny marked to mischance I here now make the subject of my pen and publish her hard hap unto the world, that all others may shun the like occasions by which she was overthrown.

This Margaret Vincent before named, of good parentage, born in the county of Hertford at a town named Rickmansworth, her name from her parents Margaret Day, of good education, graced with good parts from her youth that promised succeeding virtues in her age, if good luck had served. For being discreet, civil, and of modest conversation, she was preferred in marriage to this gentleman Master Vincent, with whom she lived in good estimation, well beloved and much esteemed of all that knew her for her modesty and seemly carriage. And so might have continued to her old age, had not this bloody accident committed upon her own children blemished the glory of the same.

But now mark (gentle reader) the first entrance into her life’s overthrow, and consider with thyself how strangely the Devil here set in his foot and what cunning instruments he used in his assailments. The gentlewoman being witty and of a ripe understanding desired much conference in religion, and being careful, as it seemed, of her soul’s happiness, many times resorted to divines to have instructions to salvation, little thinking to fall into the hands of Roman wolves (as she did) and to have the sweet lamb, her soul, thus entangled by their persuasions.

Twelve or fourteen years had she lived in marriage with her husband well beloved, having for their comforts diverse pretty children between them with all other things in plenty, as health, riches, and such like, to increase concord and no necessity that might be hindrance to contentment. Yet at last there was such traps and engines set that her quet was caught and her discontent set at liberty. Her opinion of the true faith (by the subtle sophistry of some close Papists) was converted to a blind belief of bewitching heresy. For they have such charming persuasions that hardly the female kind can escape their enticements, of which weak sex they continually make prize of and by them lay plots to ensnare others, as they did by this deceived gentlewoman. For she, good soul, being made a bird of their own feather, desired to beget more of the same kind and from time to time made persuasive arguments to win her husband to the same opinion, and deemed it a meritorious deed to charge his conscience with that infectious burden of Romish opinions, affirming by many false reasons that his former life had been led in blindness, and that she was appointed by the Holy Church to shew him the light of true understanding. These and such like were the instructions she had given her to entangle her husband in and win him if she might to their blind heresies.

But he, good gentleman, over-deeply grounded in the right faith of religion than to be thus so easily removed, grew regardless of her persuasions, accounting them vain and frivolous, and she undutiful to make so fond an attempt, many times snubbing her with some few unkind speeches, which bred in her heart a purpose of more extremity. For having learned this maxim of their religion that it was meritorious, yea, and pardonable, to take away the lives of any opposing Protestants were it of any degree whatsoever, in which resolution or bloody purpose she long stood upon and at last (only by the Devil’s temptation) resolved the ruin of her own children, affirming to her conscience these reasons: that they were brought up in blindness and darksome errors, hoodwinked (by her husband’s instructions) from the true light, and therefore to save their soul (as she vainly thought) she purposed to become a tigerous mother, and so wolfishly to commit the murder of her own flesh and blood. In which opinion she steadfastly continued, never relenting according to nature but casting about to find time and place for so wicked a deed, which unhappily fell out as after followed.

It so chanced that a discord arose between the two towns of Acton and Willesden about a certain common bordering between them, where the town of Acton, as it seems, having the more right unto it, by watching defended it a time from the other’s cattle. whereupon the women of the same town, having likewise a willingness to assist their husbands in the same defence, appointed a day for the like purpose, which was the Ascension Day last past, commonly called Holy Thursday, falling upon the 9th of the last past month of May. Which day (as ill chance would have it) was the fatal time appointed for her to act this bloody tragedy, whereon she made her husband fatherless of two as pretty children as ever came from woman’s womb.

Upon the Ascension Day aforesaid, after the time of divine service, the women of the town being gathered together about their promised business, some of them came to Mistress Vincent and according to promise desired her company. Who having a mind as then more settled on bloody purposes than country occasions, feigned an excuse of ill at ease and not half well, desired pardon of them, and offering her maid in her behalf, who being a good, apt, and willing servant was accepted of, and so the townswomen, misdoubting no such hard accident as after happened, proceeded in their aforesaid defences. The gentlewoman’s husband being also from home, in whose absence, by the fury and assistance of the Devil, she enacted this woeful accident in form and manner following.

This Mistress Vincent, now deserving no name of gentlewoman, being in her own house fast locked up only with her two small children, the one of the age of five years, the other hardly two years old, unhappily brought to that age to be made away by their own mother, who by nature should have cherished them with her own body, as the pelican that pecks her own breast to feed her young ones with her blood. But she, more cruel than the viper, the envenomed serpent, the snake, or any beast whatsoever, against all kind, takes away those lives to whom she first gave life.

Being alone (as I said before) assisted by the Devil, she took the youngest of the two, having a countenance so sweet that might have begged mercy at a tyrant’s hand, but she regarding neither the pretty smiles it made nor the dadling before the mother’s face, nor anything it could do, but like a fierce and bloody Medea she took it violently by the throat, and with a garter taken from her leg, making thereof a noose and putting the same about her child’s sweet neck, she in a wrathful manner drew the same so close together that in a moment she parted the soul and body. Without any terror of conscience she laid the lifeless infant, still remaining warm, upon her bed and with a relentless countenance looking thereon, thinking thereby she had done a deed of immortality. Oh, blinded ignorance! Oh, inhumane devotion! Purposing by this to merit Heaven, she hath deserved (without true repentance) the reward of damnation.

This creature not deserving mother’s name, as I said before, not yet glutted nor sufficed with these few drops of innocent blood, nay, her own dear blood bred in her own body, cherished in her own womb with much dearness full forty weeks. Not satisfied, I say, with this one murder but she would headlong run unto a second and to heap more vengeance upon her head. She came unto the elder child of that small age that it could hardly discern a mother’s cruelty nor understand the fatal destiny fallen upon the other before, which as it were seemed to smile upon her as though it begged for pity, but all in vain, for so tyrannous was her heart that without all motherly pity she made it drink of the same bitter cup as she had done the other. For with her garter she likewise pressed out the sweet air of life and laid it by the other upon the bed sleeping in death together, a sight that might have burst an iron heart asunder and made the very tiger to relent.

These two pretty children being thus murdered, without all hope of recovery, she began to grow desperate and still to desire more and more blood, which had been a third murder of her own babes, had it not been abroad at nurse and by that means could not be accomplished. Whereupon she fell into a violent rage, purposing as then to shew the like mischief upon herself, being of this strange opinion that she herself by that deed had made saints of her two children in Heaven. So taking the same garter that was the instrument of their deaths and putting the noose thereof about her own neck, she strove therewith to have strangled herself. But nature being weak and flesh frail, she was not able to do it. Whereupon in a more violent fury (still animated foreward by instigation of the Devil) she ran into the yard purposing there in a pond to have drowned herself, having not one good motion of salvation left within her.

But here, good reader, mark what a happy prevention chanced to preserve her in hope of repentance, which at that time stayed her from that desperate attempt. The maid, by great fortune, at the very instant of this deed of desperation returned from the field or common where she had left most of the neighbours. And coming in at the backside, perceiving her mistress by her ghastly countenance that all was not well and that some hard chance had happened her or hers, demanded how the children did.

“Oh Nan,” quoth she, “never, oh never, shalt thou see thy Tom more,” and withal gave the maid a box upon the ear. At which she laid hold upon her mistress, calling out for help into the town. whereat diverse came running in and after them her husband, within a while after, who finding what had happened were all so amazed together that they knew not what to do. some wrung their hands, some wept, some called out for neighbours; so general a fear was struck amongst them all that they knew not whether to go nor run.

Especially the good gentleman her husband, that seeing his own children slain, murdered by his wife and their own mother, a deed beyond nature and humanity, in which ecstasy of grief at last he broke out in these speeches: “Oh Margaret, Margaret, how often have I persuaded thee from this damned opinion, this damned opinion that hath undone us all.”

Whereupon with a ghastly look and fearful eye she replied thus, “Oh Jarvis, this had never been done if thou hadst been ruled and by me converted. But what is done is past, for they are saints in Heaven, and I nothing at all repent it.”

These and such like words passed betwixt them till such time as the constable and others of the townsmen came in and according to law carried her before a justice of the peace, which is a gentleman named Master Roberts of Willesden, who, understanding these heinous offences, rightly according to law and course of justice made a mittimus for her conveyance to Newgate in London, there to remain till the Sessions of her trial. Yet this is to be remembered that by examination she voluntarily confessed the fact how she murdered them to save their souls and to make them saints in Heaven, that they might not be brought up in blindness to their own damnation. Oh, wilful heresy, that ever Christian should in conscience be thus miscarried. But to be short, she proved herself to be an obstinate papist, for there was found about her neck a crucifix with other relics which she then wore about her, that by the justice was commanded to be taken away and an English Bible to be delivered her to read, the which she with great stubbornness threw from her, not willing as once to look thereupon, nor to hear any divine comforts delivered thereout for the succour of her soul.

But now again to her conveyance towards prison. It being Ascension Day and near the closing of the evening, too late as then to be sent to London she was by commandment put to the constable’s keeping for that night, who with a strong watch lodged her in his own house till morning, which was at the Bell in Acton where he dwelled. Shewing the part and duty of a good Christian, with diverse other of his neighbours, all that same night they plied her with good admonitions, tending to repentance, and seeking with great pains to convert her from those erroneous opinions which she so stubbornly stood in. But it little availed, for she seemed in outward shew so obstinate in arguments that she made small reckoning of repentance, nor was a whit sorrowful for the murder committed upon her children but maintained the deed to be meritorious and of high desert.

Oh, that the blood of her own body should have no more power to pierce remorse into her iron natured heart, when pagan women that know not God nor have any feeling of his deity will shun to commit bloodshed, much more of their own seed. The cannibals that eat one another will spare the fruits of their own bodies; the savages will do the like; yea, every beast and fowl hath a feeling of nature, and according to kind will cherish their young ones. And shall woman, nay, a Christian woman, God’s own image, be more unnatural than pagan, cannibal, savage, beast, or fowl? It even now makes a trembling fear to best me to think what an error this unhappy gentlewoman was bewitched with, a witchcraft begot by Hell and nursed by the Romish sect, from which enchantment God of Heaven defend us.

But now again to our purpose. The next day being Friday and the tenth of May, by the Constable Master Dighton of the Bell in Acton, with other of his neighbours, she was conveyed to Newgate in London. Where lodging, in the master’s side, many people resorted to her, as well of her acquaintance as others and as before, with sweet and comfortable persuasions practised to beget repentance and to be sorry for that which she had committed. But blindness so prevailed that she continued still in her former stubbornness, affirming (contrary to all persuasive reasons) that she had done a deed of charity in making them saints in Heaven that otherwise might have lived to destruction in Hell, and likewise refused to look upon any Protestant book as Bible, meditation, prayer book, and such like, affirming them to be erroneous and dangerous for any Romish Catholic to look in. Such were the violent opinions she had been instructed in, and with such fervencies therein she continued that no dissuasions could withdraw her from them, no, not death itself, being here possessed with such bewitching wilfulness.

In this danger of mind continued she all Friday, Saturday, and Sunday. The Sessions drawing near, there came certain godly preachers unto her, who prevailed with her by celestial consolations, that her heart by degrees became a little mollified and in nature somewhat repentant for these her most heinous offences. Her soul, a little leaning to salvation, encouraged these good men to persevere and go forward in so godly a labour, who at last brought her to this opinion, as it was justified by one that came from her in Newgate upon the Monday before the Sessions: that she earnestly believed she had eternally deserved hellfire for the murder of her children, and that she so earnestly repented the deed, saying that if they were alive again not all the world should procure her to do it. Thus was she truly repentant, to which (no doubt) but by the good means of these preachers she was wrought unto.

And now to come to a conclusion, as well of the discourse as of her life, she deserved death, and both law and justice hath awarded her the same. For her examination and free confession needed no jury: her own tongue proved a sufficient evidence, and her conscience a witness that condemned her. Her judgment and execution she received with a patient mind, her soul no doubt hath got a true penitent desire to be in Heaven, and the blood of her two innocent children so wilfully shed (according to all charitable judgements) is washed away by the mercies of God. Forgive and forget her, good gentlewomen. She is not the first that hath been blemished with blood nor the last that will make a husband wifeless. Her offence was begot by a strange occasion but buried, I hope, with true repentance.

Thus, countrymen of England, have you heard the ruin of a gentlewoman who, if Popish persuasions had not been, the world could not have spotted her with the smallest mark of infamy but had carried the name of virtue even unto her grave. And for a warning unto you all, by her example, take heed how you put confidence unto that dangerous sect, for they surely will deceive you.

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1945: Pvt. Benjamin Hopper

Add comment April 11th, 2015 Meaghan

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

On this day in 1945, mere weeks before Germany’s surrender, U.S. Private Benjamin F. Hopper of the 3170th Quartermaster Service Company was judicially hanged for murder.

“The case was straightforward,” notes French L. MacLean in his book The Fifth Field: The Story of the 96 American Soldiers Sentenced to Death and Executed in Europe and North Africa in World War II. He describes it as “an excellent example of stupid situations that soldiers could get themselves into, if they had been drinking and did not consider the consequences of their actions.”

Quite so.

On the night of the crime, Hopper and four other soldiers were hanging out in a cafe in the town of Welkenraedt, Belgium, just outside of Liege. Just after midnight, Hopper got into an argument with one of his companions, Private Randolph Jackson Jr.

The two men argued frequently and the other three in the group were used to it, and didn’t take them seriously when they started threatening to shoot each other. Finally Private Jackson handed Hopper his gun, presumably daring him to shoot. Hopper shot him dead, then told the witnesses, “You didn’t see nothing.”

At his court-martial, he did not testify and there was no defense. Hopper protested about this later, saying he didn’t get a fair trial: “My Defense Counsel said he was going to tell them. Told me to stay silent. So, he got up and told them I wasn’t guilty. He didn’t say much else.”

Unlike many military men sentenced to death during World War II, Hopper showed remorse for what he had done. Still he asked for leniency and penned a letter to General Eisenhower beginning:

Gen. Eisenhower

Dear Sir, I was tried for mudder and the court find me guilty and sences me to be hong Sir. And Sir I am asking you to please Sir look in to this mader close Sir for me because I have made a great mucstake Sir and wont you give me another chanch in the armey.

Hopper’s IQ tested at 50, putting him in the moderately mentally retarded range, and a psychiatrist who evaluated him stated he had a mental age of about nine, “bordering on mental deficiency.” Someone with that degree of mental disability would not be permitted to be executed today.

Some people argued that the death sentence should be commuted to life in prison, citing Hopper’s intellectual impairment and the lack of premeditation. Weighing against that was his prior recorded offenses of going AWOL and being in Liege without an official pass. The Brigadier General who reviewed the case recommended that the death sentence stand, and Eisenhower agreed.

Hopper died on a clear, warm morning in Le Mans, France. At 11:00 a.m., his hands and ankles were bound and he said his last words to the chaplain: “Father, I would like you to write to my mother.” The trap sprung at 11:01 and Hopper was pronounced dead at 11:24.

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1879: Swift Runner, wendigo

1 comment December 20th, 2014 Headsman

The first legal hanging in Alberta, Canada, took place on this date in 1879. Generations later, it’s still remembered as one of the province’s worst, and strangest, crimes.

The hanged man was a native Cree known as Swift Runner (Ka-Ki-Si-Kutchin) — a tall and muscular character with “as ugly and evil-looking a face as I have ever seen,” in the words of an Anglo Fort Saskatchewan officer. Whatever his comeliness, Swift Runner was on good terms with the frontier authorities, who trusted him as a guide for the North West Mounted Police. That is, until the Cree’s violent whiskey benders unbalanced him so much that the police sent him back to his tribe … and then his tribe kicked him out, too.

He took to the wilderness to shift as he could with his family in the winter of 1878-79: a wife, mother, brother, and six children.

But only Swift Runner himself would return from that camp.

When police were alerted to the suspicious absence of Swift Runner’s party, the former guide himself escorted investigators to the scene.

One child had died of natural causes, and was buried there.

The eight other humans had been reduced to bones, strewn around the camp like the set of a slasher film.*

They had all been gobbled up by a wendigo.

The wendigo (various alternate spellings, such as windigo and witiko, are also available) is a frightful supernatural half-beast of Algonquin mythology, so ravenous it is said to devour its own lips — and human flesh too. For some quick nightmare fuel,* try an image search.

The revolting wendigo was mythically associated with cannibalism, so closely that humans who resort to anthropophagy could also be called wendigos. According to Swift Runner, the ferocious spirit entered into him and bid him slaughter and eat all his relations.

Swift Runner is the poster child for the “Wendigo Psychosis”, a mental disorder particular to the Northern Algonquin peoples. In the psychosis, diagnosed by the early 1900s but hotly disputed in psychological literature, people are said to have experienced themselves possessed by the wendigo and wracked by violent dreams and a compulsion to cannibalism. It’s importantly distinguished from famine cannibalism: though it was the wilderness during winter, Swift Runner had access to other food when he turned wendigo. The author of a 1916 report on the phenomenon said he had “known a few instances of this deplorable turn of mind, and not one instance could plead hunger, much less famine as an excuse of it.”**

The disorder, whatever it was, was nevertheless surely bound to the precariousness of life in the bush; wendigo cases vanish in the 20th century as grows afflicted populations’ contact with the encroaching sedentary civilization.

For Canadian authorities in 1879, however, there was no X-File case or philosophical puzzle: there was a man who had shot, bludgeoned, and/or throttled his whole family and snapped open long bones to suckle on their marrow.

But if the verdict and sentence were clear, the logistics were less so: hangings were virgin territory for the Fort Saskatchewan bugler put in charge of orchestrating the event. Swift Runner, by this time repentant, had to wait in the cold on the frigid morning of his hanging while the old pensioner hired to hang him retrieved the straps he’d forgotten, to pinion his man, and fixed the gallows trap. “I could kill myself with a tomahawk, and save the hangman further trouble,” Swift Runner joked

* In the Stephen King novel Pet Sematary (but not in its cinematic adaptation) the master adversary behind the reanimation of murderous household pets is a wendigo. For a classical horror-lit interpretation, Algernon Blackwood’s 1910 The Wendigo is freely available in the public domain.

** Cited by Robert A. Brightman in “On Windigo Psychosis,” Current Anthropology, February 1983.

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1900: Joseph Holden, killer of his own grandson

Add comment December 4th, 2014 Headsman

This morning in 1900, Bury ironturner Joseph Holden was executed at Manchester’s Strangeways Prison for the murder of his grandson.

“The convict’s sanity had been in some doubt,” in the bloodless words of the next day’s London Times. To read it a century later is to see a man deeply in need of help.

It was his married daughter Mary Dawes who tried to give it to him by taking him in under her own roof after Holden was reduced to living in a workhouse.

In August of 1900 he took another of his grandchildren — not by Mary Dawes — to a quarry to cut tobacco, then hurled a stone that hit the child in the head. George Eldred was badly injured, but survived.

The mental deterioration betokened by such behavior must have put Mary Dawes or any other kin with an interest in the patriarch’s well-being into a terrible bind. What resources of state or charity could they have called upon, short of consigning him to the miasma of some gaol? At 57 years of age, Holden was already 10 years past the male life expectancy for the time and looked still older thanks to the ravages of alcoholism. Maybe Mary thought that having him at her hearth would stabilize him well enough to dignify whatever little measure of life remained to her father.

That is nothing but a speculative assessment of these bare and tragic facts: Mary Dawes took her father in; days later, on September 5, Mary’s father took Mary’s son John to a quarry and drowned him.

Hampshire Advertiser, September 12, 1900.

Holden’s only defense — practically the only one really available to him — was insanity. But Holden wasn’t starkers; his mind perambulated that foggy wilderness between lucidity and dementia and this was simply insufficient disturbance for the then-prevailing legal standard of madness, the M’Naghten Test. Basically, if he could understand what he’d done, he was sane enough to hang. Still to this day the basis of competency assessments in much of the English-speaking world, M’Naghten offers only a narrow ground for avoiding the full measure of criminal responsibility. And Holden was clearly competent enough by that test; indeed, he had complained of his treatment in Mary’s house, hinting at a real motive.

Although Holden’s death sentence was automatic upon the unhelpful sanity assessment of the doctors,* he was thought a prime candidate for a reprieve from the Home Secretary. This too did not materialize; Holden’s own contrition and resignation to his fate in the days leading up to the execution might have contributed to the judgment that he was in fact sane enough to die. That’s some catch: the best there is.

A murderer named Oscar Mattson — a Russian sailor who had slain a young English prostitute named Mary Ann Macguire in a rage over stolen money and rebuffed advances — did win a Home Secretary reprieve on the same day that Holden hanged.

* It was only necessary for doctors to find him competent enough to make his own plea. When they did so, he simply pleaded guilty.

Part of the Themed Set: Filicide.

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2007: Daryl Holton, wanted dead

Add comment September 12th, 2014 Headsman

Daryl Holton went to the Tennessee electric chair.

Holton was an depressive Gulf War veteran with an acrid relationship with his ex-wife Crystle.

Bitter at being kept from his children for weeks on end, Holton picked up his three kids and their half-sister on November 30, 1997 and told them they’d be going Christmas shopping.

According to the confession that he gave when he turned himself in later that night, he instead drove them to an auto repair shop in Shelbyville, where he shot them in two pairs by having first Stephen and Brent (aged 12 and 10) and then Eric and Kayla (aged 6 and 4) stand front-to-back facing away from him, then efficiently shot them unawares through the back with an SKS. (Eric and Kayla played elsewhere while the older boys were murdered. Eric was hearing-impaired.)

“They didn’t suffer,” Holton would tell his shocked interrogators that night. “There was no enjoyment to it at all.”

The original plan was to complete a family hecatomb by proceeding to murder Crystle and her boyfriend, and then commit suicide. But on the drive over, Holton lost his zest for the enterprise, smoked a joint, and just went straight to the police where he announced that he was there to report “homicide times four.”

Holton had a light trial defense focused on disputing his rationality and competence at the time of the murders — a theme that appellate lawyers would attempt to return to, hindered significantly by Holton’s refusal to aid them or to participate in legal maneuvers that would prevent his execution. A spiritual advisor reported him at peace with his impending death: “He’s very clear, very focused.”

Holton is met in depth in the 2008 documentary Robert Blecker Wants Me Dead, detailing his remarkable relationship — even friendship — with vociferous death penalty proponent Robert Blecker.

Holton’s was Tennesee’s first electrocution in 47 years and, as of this writing, its last. The Volunteer State subsequently removed electrocution from its statutes altogether — but in 2014 it re-adopted the electric chair as a backup option in view of the nationwide shortage of lethal injection drugs.

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