Posts filed under 'Disfavored Minorities'

1891: Benjamin Harrison spares the Navassa rioters

1 comment May 18th, 2013 Headsman

On this date in 1891, U.S. President Benjamin Harrison settled a death penalty case from the remote Navassa Island by granting a commutation.

Back in the 19th century, islands stacked high with guano were worth their weight in bird crap. The phosphate-rich dung piled meters-deep in some places, and could be mined for agricultural fertilization and for use in gunpowder and explosives.

In 1856, Congress even passed a Guano Islands Act empowering skippers to plant the stars and stripes on any of these lucrative little turd reefs they happened to run across. That’s how the U.S. came to possess, for instance, Midway Island … and more than 100 other islands as well.

Most of these claims have long since been ceded, but a few remain today. One of them is (still!) Navassa, a three-square-mile speck off the coast of Haiti, 100 miles south of Guantanamo Bay.

Today, Navassa is uninhabited and administered by the Department of the Interior on somewhat disputable footing. (Haiti, just two miles away, also claims Navassa.)

But in the late 19th century, its sweet, sweet guano was being extracted by a Baltimore-based firm known as the Navassa Phosphate Company. This operation employed 137 African-American laborers, moving groaning shitloads of product by raw muscle power under a blistering tropical sun … and under 11 white overseers.

The nature of the assignment — an island very far from the nearest American settlement, with no other industry, community or outpost to repair to — made taking a job on Navassa almost like hitching on somewhere as a sailor: you were off to a little floating dictatorship, with no way out until the end of the contract.

Navassa’s overseers turned out to have a taste for the cat o’nine tails, and worse.

“The conditions surrounding the prisoners and their fellows were of a most peculiar character,” Harrison noted in his eventual commutation order.

They were American citizens, under contracts to perform labor upon specified terms, within American territory, removed from any opportunity to appeal to any court or public officer for redress of any injury or the enforcement of any civil right. Their employers were, in fact, their masters. The bosses placed over them imposed fines and penalties without any semblance of trial. These penalties extended to imprisonment, and even to the cruel practice of tricing men up for a refusal to work. Escape was impossible, and the state of things generally such as might make men reckless and dangerous.

Or, as a naval inspection judged it, Navassa resembled “a convict establishment without its comforts and cleanliness”: people being worked brutally to the bone during their contract, eating rancid rations and living in filth.

Not surprisingly, Navassa’s “convict” laboring population rebelled in 1889, and in a vicious hour-long riot slew five overseers while maiming several others.

Warships calling on the island shipped 18 back to face murder charges; ultimately, three black guano-miners were sentenced to death for the affair.*

However, a huge clemency push spearheaded by the Baltimore-based black fraternal organization the Grand United Order of Galilean Fishermen raised the cry to spare the condemned men.

Guano harvesting resumed after the riot, but was aborted in 1898 by the Spanish-American War; the Navassa Phosphate Company fell into bankruptcy, and although the U.S. later threw up a lighthouse on Navassa to aid Panama Canal-bound vessels, it’s been effectively uninhabited ever since.

* The appeals arising from the Navassa conviction generated the 1890 Supreme Court case Jones v. United States, affirming Navassa’s American territoriality, and establishing Congressional jurisdiction over violations of U.S. law that didn’t take place in any particular state. This bit of jurisprudence has turned up all over the place in the century-plus since it was issued.

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1631: Mervyn Touchet, Earl of Castlehaven

Add comment May 14th, 2013 Courtney Thomas

(Thanks to historian Courtney Thomas for the guest post. -ed.)

The crimes of Mervyn Touchet (executed on May 14, 1631), second Earl of Castlehaven, caused a sensation in Stuart England.

Convicted of rape and sodomy by a jury of his aristocratic peers, his crimes were alleged to have taken place under his roof and against members of his own family. While all of the witnesses against Touchet stood to gain materially from his death and various household servants did present evidence which contradicted that of his wife and son (who testified against him), he, as household head, was clearly unable to maintain proper order and obedience within his own house and this was instrumental in ensuring his conviction.

Book CoverIn this sense, although his alleged crimes were themselves horrific, it was Castlehaven’s subversion of expected social roles and modes of conduct in the context of his disordered household which truly shocked contemporaries (as Cynthia B. Herrup has skillfully argued in her study of the Castlehaven case, A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven).

Mervyn was born in 1593, the eldest son of Lucy Mervyn and George Touchet; the latter was Baron Audley in the English peerage and, from 1616 until his death a year later, first earl of Castlehaven in the Irish peerage. Details of the future Earl’s childhood are scant.

From the time he was seven, in 1600, his family appears to have lived largely in Ireland, first on their estates in Munster and later in county Tyrone and Armagh (although they were in England sporadically, such as in 1594 when the elder Touchets were present at an inn in Beaconsfield to see their daughter Maria clandestinely marry the heir of John and Joan Thynne, Thomas, initiating a prolonged feud between the two families).

In 1608, Mervyn’s father settled the family’s English properties on his son and, while he remained in Ireland, Mervyn took up residence in England in the counties of Somerset and Dorset. In keeping with his new status as a propertied gentleman, he was knighted in the same year.

Sometime in this period Mervyn also embarked on legal studies and, in 1611, he was admitted to the Middle Temple. Around this time he also began his first marriage, taking as his wife Elizabeth Barnham, the daughter (and one of the co-heirs) of Benedict Barnham, a London alderman.

Through this match Mervyn gained additional properties in Middlesex, Hampshire, Kent, and Essex. Roughly a year after the marriage ceremony, in 1612, the couple’s first son, James Touchet, was baptized. The pair went on to have two more sons, George and Mervyn, and three daughters, Lucy, Dorothy, and Frances.

Upon his father’s death in 1617, Mervyn inherited his lands in Ireland and the title of Earl of Castlehaven, becoming the second Earl. It is also possible that he converted to Catholicism during this period. While Castlehaven steadfastly denied this, most of his children later became active Catholics, perhaps as a result of their early upbringing in these years.

Following the death of Elizabeth in 1622, Castlehaven remarried in 1624, this time to Lady Anne Brydges, nee Stanley, who was born in 1580 and was to outlive her husband by sixteen years. The widow of Grey Brydges, Baron Chandos, Anne was roughly thirteen years older than her new husband but she also had several young children from her first marriage and the two families now became one.

This dynastic merger was further consolidated when Anne’s eldest daughter, Elizabeth, was married to Castlehaven’s heir, James, in 1628. Elizabeth was all of 13 years old at the time.

Both marriages proved to be disastrous. In particular, the marriage of Elizabeth and James was dismal affair and ultimately led to the Earl of Castlehaven’s execution. By 1629, James had left the family estate (and his teen wife) at Fonthill Gifford and Elizabeth had become involved with Castlehaven’s favoured servant, Henry Skipwith.

It remains unclear whether this was a consensual relationship or, as was later charged, Castlehaven arranged for Skipwith to rape his step-daughter and daughter-in-law. What is certain is that Castlehaven persisted in showing great favour to Skipwith, which resulted in a confrontation between James and his father and ended with James complaining to King Charles I about his father’s conduct.

With this complaint, a formal inquiry was launched into the allegedly disorderly environment of the Touchet home.

The results of this inquiry, conducted by the Privy Council, revealed abominable crimes, in particular rape and sodomy. On April 25, 1631, the Earl was put on trial, charged with committing sodomy with a servant and assisting another servant, Giles Broadway, with the rape of his own wife, Anne, the Countess of Castlehaven (Anne alleged that the Earl had restrained her while Broadway assaulted her).

Henry Skipwith was never formally charged for his affair with Castlehaven’s daughter-in-law but rumour abounded of Castlehaven’s involvement in this as well (either in terms of instigating the rape, if such it was, or as a panderer who encouraged the illicit affair).

The trial was an early modern media sensation.

Special scaffolding was erected in Westminster Hall to accommodate the huge numbers that turned up to witness the trial and news writers throughout the realm and as far away as colonial North America speculated about the case and the outcome of the trial. Charles I, who prided himself on his happy and close-knit domestic life, was particularly shocked by Castlehaven’s behaviour and remarked that he hoped the “obscene tragedy” would quickly pass.

At the trial itself, twenty-seven peers acted as both judge and jury against Castlehaven and the testimony of six witnesses, including that of the Countess of Castlehaven and her daughter, was recorded by the court.

Their testimony painted a vivid picture of the Castlehaven household at Fonthill Gifford as a den of sexual iniquity and debauchery.

According to the Countess, Castlehaven had sexually and physically abused her from the very beginning of their marriage and this had culminated with Broadway’s rape of her at with Castlehaven’s assistance. Anne revealed that, within a few days of their wedding, the Earl was consorting openly with prostitutes and household serving boys.

She reported that he had commanded the couple’s servants to expose themselves to her and goaded her into illicit relationships with his friends and favoured servants, whom he also encouraged to embezzle money from the estate. She also alleged that, following the marriage of her daughter to Castlehaven’s heir, James, the crazed Earl had concocted a scheme to have Henry Skipwith impregnate the girl with his bastard, whom James would be forced to recognize as his own.

Throughout the trial Castlehaven was described as unstable, erratic, dissolute, and utterly devoid of religious faith and piety.

In his defence, Castlehaven alleged that he was the victim of a plot orchestrated by his family to commit judicial murder and inherit his estate and wealth. The most he would admit was over-generosity to a few of his favoured servants. He countered the charges by accusing his wife of infanticide and adultery and charging his son and daughter-in-law/step-daughter with greed.

As he reminded the court, all the witnesses against him stood to benefit a great deal from his death. Likewise, he told the court that the testimony against him on the rape charges was logically inconsistent and the reports of sodomy did not prove penetration and, without that definitive act, the sodomy charges were not sustainable.

While he was accused of subverting the natural order and not properly governing his household, he painted himself as the victim of his inferiors, who were the ones truly guilty of threatening the natural order by plotting against him.

The preserved records from the trial demonstrate that the evidence against Castlehaven was spotty and ill-sustained. The jury took several hours to deliberate and reach a verdict and, ultimately, twenty-six of the twenty-seven peers voted to convict on the charges of rape but only fifteen were persuaded by the allegations of sodomy.

After his conviction, some members of Castlehaven’s natural family, including his siblings, petitioned the crown for a pardon based on the alleged corruption of the witnesses against him. But Charles I refused to consider it or to investigate the suspicions of corruption while Castlehaven himself refused to confess his guilt and seek a pardon on his own behalf.

When he was taken to the scaffold on Tower Green on May 14, Touchet orally protested the verdict while affirming his acceptance of the King’s right to try and execute him. He also made a final declaration of his loyalty to the Church of England.

Almost immediately after his execution, various broadsides and pamphlets describing the lurid details of the cases and the motivations of those involved began to circulate, ensuring that it remained a topic of discussion and rumour for years to come.

While several writers argued for Castlehaven’s guilt, others, including his sister, Eleanor, authored a number of tracts which proclaimed his innocence and decried the wickedness of his accusers.

In July, two of the Earl’s alleged accomplices were put to death (the household page who was alleged to have committed sodomy with Castlehaven, and Giles Broadway, who aided Touchet in the supposed rape of his wife).

While these two servants had confessed to their crimes (aware that, as Castlehaven had already been convicted and executed, there was little chance that they would be acquitted and confessing meant that some mercy in the manner of their deaths would be shown to them by the state), the details of their confessions offered some support to Castlehaven’s accusations of corruption on the part of his wife and son and so the question of his guilt remained unresolved for many.

With his father’s death, James Touchet had the title of Earl of Castlehaven and his father’s lands conferred upon him by the crown. The executed Earl’s widow did not remarry and James Touchet was never reconciled with his wife, whose alleged misconduct with the servant Henry Skipwith had initiated the prosecution against the Earl.

While the Castlehaven case is often cited as both a potent example of the dangers inherent in the subordination of household discipline and as a celebrated case in the history of the treatment of homosexuality, it also established an important precedent regarding the right of a wife to testify against her husband in cases of marital cruelty and rape.

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1936: Buck Ruxton, red stains

7 comments May 12th, 2013 Meaghan

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

On this date in 1936, Buktyar Rustomji Ratanji Hakim, also known as Buck Ruxton, was hanged in Strangeways Prison for the murder of his common-law wife, Isabella, and their maid, Mary Jane Rogerson.

A general practitioner of Persian descent, Ruxton was born in India and moved to the United Kingdom in 1930 to set up practice in Lancaster.

He met a married Englishwoman, Isabella Van Ess, and took up with her after her divorce. Although they never legally married and Ruxton actually already had a wife he’d left behind in India, they lived as man and wife and had three children, and she took his last name.

Ruxton had a reputation as a good doctor and a compassionate one who waived his fees for indigent. He wasn’t nearly as good a husband as he was a physician, however: he was extremely jealous of his charming, sociable wife and continually accused her of infidelity with little actual evidence of it.

The neighbors overheard violent arguments, and Isabella would occasionally take the children and leave, seeking refuge at her sister’s home. At one point she reported her husband to the police for domestic violence, but they paid little attention to her complaints.

On September 15, 1935, Ruxton flew into one of his rages, stabbed his wife five times in the chest, beat her and strangled her with his bare hands. He battered the maid to death as well, since she had been unlucky enough to witness it. A clever little rhyme memorialized the story, one of its various versions is printed below:

Red stains on the carpet, red stains on the knife
For Dr. Buck Ruxton had murdered his wife
The maid servant saw it and threatened to tell
So Dr. Buck Ruxton, he’s killed her as well

Ruxton dismembered both bodies in the bathtub and dumped the parts in a stream near the Scottish border, over a hundred miles from Lancaster. There were thirty pieces in all, leading the press to call the case the “Jigsaw Murders.”

In an effort to hinder identification, Ruxton removed the victims’ teeth and skinned their faces. This turned out to be too clever by half: once the bodies were found in late September, the precision of the cuts told authorities that the killer was someone with anatomical knowledge and surgical skill, which narrowed the suspect pool considerably.

This filter, combined with the realization that one of the newspapers Ruxton used to wrap up some dismembered bit was a special edition copy sold only in Lancaster and Morecambe, led the cops to Ruxton and not many others. It wasn’t long before the pieces — sorry — fell into place.

Meanwhile, exciting new forensic techniques, helped firm up identification of the corpses: authorities superimposed a photograph of Isabella over one of the skulls and found a dramatically jury-friendly visible match.

Isabella Ruxton, in life and death.

Forensic entomology (in this case, the gross but useful technique of checking the age of the maggots infesting the corpses) helped pinpoint the date of death.

Ruxton was arrested on October 13, nearly a month after the double murder.

The Ruxtons’ charlady told the police that on the day Isabella and the maid disappeared, Ruxton came to her house early and told her not to come in to work. The next day, when she arrived at the Ruxtons’ house, she found it in a state of disarray with the carpets removed and a pile of burnt material in the backyard. A neighbor couple also had helpful recollections: Ruxton had persuaded them to come and help out at his house, saying he’d cut his hand while opening a can of peaches and he needed to clean up quickly because decorators were coming over. They scrubbed his walls and he gave them some bloodstained carpets and clothing.

Given all this evidence, there was little Ruxton’s defense attorney could say for him.

The defense tried to challenge the identification of the bodies, but the superimposed skull picture was quite convincing. Ruxton admitted his guilt prior to his execution and signed a short confession. He was hanged in spite of a petition with 10,000 signatures asking for mercy.

The Ruxton case, a smashing tabloid hit in its day, has been the subject of its own book, T.F. Potter’s The Deadly Dr. Ruxton: How They Caught a Lancashire Double Killer. It’s also featured in many general true crime books, including Colin Wilson and Damon Wilson’s Crimes of Passion: The Thin Line Between Love and Hate, Colin Evans’s The Casebook of Forensic Detection: How Science Solved 100 of the World’s Most Baffling Crimes, and Harold Schechter’s A to Z Encyclopedia of Serial Killers.

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1979: Rahim Ali Khorram and Habib Elghanian, millionaire businessmen

1 comment May 9th, 2013 Headsman

Iranian Revolution firing squads claimed seven lives on this date in 1979, including two multimillionaire businessmen.

One of the businessmen was Rahim Ali Khorram, “an immensely rich contractor who built roads and airports for the government, and sometimes used his 2,000-man work force as a political shock force in support of the Shah.” That quote is from a New York Times profile of Khorram’s son, Hossain, who says that he himself was led out for a mock-execution not long after. (Hossain also says that his father was dead or dying of a heart attack as he was dragged out for execution.)

The charges against Khorram pere consisted of “operating gambling dens, cabarets and a prostitution ring* and feeding a man to a lion in his amusement park.” No lie. He was supposed to have an entire secret necropolis in that park stuffed with the bodies of his enemies. (New York Times, May 10, 1979.)

Habib Elghanian

The other businessman was the Jewish-Iranian plastics mogul Habib Elghanian.

Elghanian was the first Jewish person executed during the Iranian Revolution. His death on charges of spying for Israel, fundraising for Israel, and “friendship with the enemies of God” for having met with Israeli politicians, greatly alarmed Iran’s Jewish community: many fled the country, something Elghanian had pointedly refused to contemplate.

Though Elghanian allegedly claimed not to be a Zionist, he had investments and contacts in Israel — and a radio denunciation made clear to what extent such an association would be anathematized going forward.

He was a disgrace to the Jews in this country. He was an individual who wished to equate Jewry with Zionism … the mass of information he kept sending to Israel, his actions to achieve Israel’s designs, the colossal sum of foreign exchange and funds he kept transferring to Israel; these are only samples of his antinational actions; these were the acts used to crush our Palestinian brethren. (Source)

Weirdly, this execution has made news more recently: the Stuxnet computer worm, which is widely thought to have been engineered in Israel to attack Iran, contains the string 19790509. It’s been hypothesized that this apparent reference to May 9, 1979 might allude to Elghanian’s execution.

* Alleged clientele: the already-executed Gen. Nematollah Nassiri.

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1897: John Gibson, under Jim Crow

Add comment May 1st, 2013 Headsman

On this date in 1897, John Gibson was hanged for murder.

In its particulars, the case itself was as minute and forgettable as a homicide ever could be: Gibson got into a spat with a plantation overseer over the theft of 20 or 25 cents from his wages. Later that night, still steaming and now drunk, he called the boss out through the window. The overseer went out to the confrontation armed (Gibson wasn’t), and wound up shot dead by his own gun in the struggle.

This literal two-bit crime became national news, however, and went twice to the Mississippi Supreme Court and twice to the U.S. Supreme Court as a vehicle to challenge Mississippi’s new Jim Crow constitution.

After Reconstruction but especially in the 1890s, the dreadful regime of American apartheid reversed black civil rights gains.

Mississippi’s all-white* constitutional convention of 1890 was a signal event for this nadir of race relations — the first of a wave of new southern constitutions aimed at setting up a color bar. In addition to mandating segregated schools, that constitution imposed a few, ahem, reasonable requirements for voting, which lacked any overt racial language but just so happened to disenfranchise the black electorate almost to a man. (Don’t even get started about women.**)

  • every voter must pay “a uniform poll tax of two dollars”;
  • “every elector shall … be able to read any section of the constitution of this State.” Now, lest one miss the intent here, Mississippi added a clause permitting anyone descended from a legal voter pre-1867 to cast a ballot without passing the exam: if your grandfather could vote, you could vote too … too bad if your grandfather couldn’t vote on account of being property. This one-two punch throughout the South kept poor whites on the right team, and bequeathed to English the phrase “grandfather clause”.

Both these gratuitous hurdles to voting are now confined to the history books, but two other important techniques of disenfranchisement remain very much in use today.

  • a needlessly onerous voter registration process;
  • and, the franchise is reserved for upstanding voters who have “never been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement or bigamy.” In a context where wholesale incarceration of African Americans was a matter of policy.

Plus of course, brute force up to and including lynch law for political terrorism. “In those days,” one black Mississippian said, “it was ‘Kill a mule, buy another. Kill a nigger, hire another.’ They had to have a license to kill anything but a nigger. We was always in season.”

From 1901 to 1973, the South never once seated a black lawmaker in the U.S. Congress.

So it’s a grim scene for racial justice in the twilight of the 19th century. But we dwell on the voting-rights aspect because jurors were drawn from the voting rosters: all the filters that excluded African Americans from the ballot box likewise excluded them from the jury box. And here’s where we get back to John Gibson.

Gibson’s case was taken up by African-American attorneys† Cornelius Jones and Emanuel Hewlett, who argued it all the way to a Supreme Court. R. Volney Riser argues in Defying Disfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890-1908 that they weren’t just trying to save their client — they were mounting a cagey attack on the Mississippi constitution and the pillars of Jim Crow law. If Jones and Hewlett

could show a racial motive in refusing potential black voters (and likewise potential black jurors), they would have a reasonably strong case.

The elements of a strong, jury-based anti-disfranchisement case were in place for Jones and Hewlett and all that they really wanted was to have his case remanded to a U.S. district court. That might seem anticlimactic, but it would have meant that southern judges, sheriffs, and voting registrars would find themselves standing before federal district judges to justify their administration of jury selection and voter registration. In the immediate short term, there would almost surely be some benefit for disfranchised African Americans.

They argued the cases on December 13, 1895, and the Supreme Court announced decisions in Gibson and [a companion case] Smith on April 13, 1896, little more than one month before [Jim Crow landmark] Plessy v. Ferguson. Justice John Marshall Harlan wrote both opinions and dismissed each case on jurisdictional grounds. The problem lay in the evidence, which was conspicuous by its paucity … Mississippi did not exclude blacks in terms … [and] in Gibson, Jones had not shown that Mississippi’s courts committed “any error of law of which this court may take cognizance” or that his client’s murder conviction “was due to prejudice of race.”

Washington Post, Oct. 27, 1895

In the real world, where rights need enforcement if they are to thrive, this ruling had the effect of giving a free hand to white power so long as it had the sense God gave a vegetable and didn’t directly declare that any of its universally all-white juries (or electorates) were constituted as a matter of explicit race prejudice. Just a marvelous coincidence! Nothing to see here, you federal judges.

As the Southwestern Christian Advocate editorialized after the ruling (Apr. 23, 1896)

Proof need hardly be asked that there was a deliberate purpose on the part of the persons charged with that responsibility [i.e., seating juries] to absolutely ignore the colored man as a juror. This is the cold truth, that the sheriffs and other court officers who have charge of the impanneling of juries will not select colored men. The persistency with which they deny such intent is one of the most gigantic mysteries of the age.

Of course, there is no constitutional enactment on the statute books of the State of Mississippi denying the right of jury service to Negroes, yet they do not serve, and for the simple reason that they are not chosen. It is the easiest matter in the world to keep Negroes out of the jury box in Mississippi. It is one of their sovereign rights.

There is no enactment against it, nothing for it, so there it is. And what is the Supreme Court or the Federal government going to do about it? Why, simply render its decisions upon what it does not permit. The fact is that the amendments to the Constitution, so far as the black man is concerned, are not worth the paper they are written upon without the moral sentiments of high minded and noble people behind it. And this will apply to State, Federal and Supreme Courts as well.

Meanwhile, the black man is expected to be an intelligent and a loyal citizen, notwithstanding the rights which he fought and bled for are now almost exclusively in the hands of those who at one time sought to pull the fair fabric of our Constitutional liberties to the ground.

It’s still to this day the case that defendants have very little scope to scrutinize potentially prejudicial jury composition. It’s still to this day the case that the Supreme Court has nothing but a toothless remedy. And it’s still to this day the case that some state’s attorneys can and do craft racially discriminatory juries more prone to convict by excluding blacks … so long as it’s “not in terms” and instead for literally any other pretext.

* Except for one black man.

** Representative sentiment of a Mississippian: “We are not afraid to maul a black man over the head if he dares to vote, but we can’t treat women, even black women, that way. No, we’ll allow no woman suffrage.” Mississippi only ratified female suffrage in 1984.

† There are some claims out there that the first black attorney to argue a case before the U.S. Supreme Court did so only in 1910; I may be overlooking a nuance in the manner these issues were presented to the high court, but so far as I can discern, Gibson was argued by black attorneys. This source suggests that it was hardly the first.

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1940: Wilhelm Kusserow, Jehovah’s Witness

2 comments April 27th, 2013 Meaghan

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

On this date in 1940, 25-year-old Wilhelm Kusserow was executed by firing squad at Münster Prison in Germany.

A Jehovah’s Witness, he interpreted God’s command “thou shalt not kill” literally and refused to serve in the German army — a big no-no in Hitler’s Third Reich.

Kusserow had actually been born Lutheran, but his parents became Jehovah’s Witnesses after World War I and raised their eleven children in the faith. Jehovah’s Witnesses, in addition to not serving in the army, also refused to Heil Hitler, since the tenets of their religion required them to make obeisance only to Jehovah.

They were persecuted by the Nazis from the beginning of Hitler’s regime, and by 1935 the religion was banned altogether. The Kusserows, and many others, continued to practice their faith in secret.

During the Nazi era, some 10,000 Jehovah’s Witnesses did time in prisons and concentration camps (where they were required to wear a purple triangle), Wilhelm’s parents and siblings among them. 2,500 to 5,000 died.

The children in Jehovah’s Witness families were taken from their parents and sent to orphanages, foster families or reform schools.

(French Witness Simone Arnold Liebster would write a memoir about the years she spent in institutions as a child because she and her parents refused to renounce their beliefs.)

At Wilhelm Kusserow’s trial, the judge and the prosecutor were apparently reluctant to condemn this young man. They pleaded with him to back down, promising to spare his life if he did so, but Wilhelm refused. Some things were more important to him than life itself.

In his final letter to his family he wrote,

Dear parents, brothers, and sisters:

All of you know how much you mean to me, and I am repeatedly reminded of this every time I look at our family photo. How harmonious things always were at home. Nevertheless, above all we must love God, as our Leader Jesus Christ commanded. If we stand up for him, he will reward us.

Hitler later decided the firing squad was too honorable a death for Jehovah’s Witnesses and ordered that they be decapitated instead. Wilhelm’s younger brother Wolfgang, who had also refused to serve in the army, was executed in this manner in 1942.

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1900: Bill Brown, Sonnie Crain and John Watson

Add comment April 25th, 2013 Meaghan

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

On this date in 1900, Sonnie (or Sonny) Crain and William “Bill” Brown, both 40, and John Watson, 59, were hanged side by side a quarter-mile from the Warren County Jail in McMinnville, Tennessee.

This was an integrated execution: Brown and Watson were white, and Crain was black.


From the April 27, 1900 American Citizen (Kansas City, Mo.)

The gallows was contained in a 30-by-30-foot enclosure and had been built especially for this day’s event. There were twenty official witnesses. A crowd of about two thousand waited outside the fence, hoping to catch a glimpse of the execution, but their view was obscured by a canvas curtain drawn hanging from the top of the gallows.

John Watson

Watson, a Civil War veteran who’d fought at Shiloh, had committed his crime on December 21, 1898. He shot a neighbor, 40-year-old James Hillis, white, after an argument about some corn and some fence rails.

Hillis walked away from the fight. Watson fetched his shotgun, waited for his chance then shot Hillis on the road that evening, in front of the victim’s daughter. Hillis lived for a few hours after the shooting and named Watson as his attacker.

The killer had a reputation for violence; he’d allegedly shot and seriously wounded a black man in a drunken rage in 1893, but was acquitted at trial. He had also served a term in federal prison for making and selling moonshine, and he was stone drunk on his own apple brandy at the time of Hillis’s murder.

His defense, one of temporary insanity caused by alcohol, didn’t fly with the jury.

Bill Brown was an illiterate tenant farmer; his victim was his wife of ten years, Mary Fults Brown. Bill was tired of his wife and attempted to leave her, but everywhere he went she just followed him. He and his brother, John “Bud” Brown, decided she had to die.

On May 5, 1898, In accordance with the plan, Bill invited a friend, Bill Rogers, to spend the night. Bill made sure to leave the door unlocked, and while Mary and the guest were sleeping, Bud Brown sneaked into the house, shot his sister-in-law and fled. Bill then woke up Rogers, crying, “Lordy, lordy, someone’s shot Mary!”

Bill told Rogers the shooter had fired through the open window, but this didn’t make sense because Mary had been asleep beside her husband and Bill was lying between her and the window. He claimed he didn’t own a gun, but a search of the house turned up a recently fired pistol hidden in a trunk.

It didn’t take long for Bill to crack. He confessed to his role in Mary’s death and implicated his brother Bud (who, incidentally, had a prior record for beastiality with a mare).

The brothers were to be tried separately and Bill went first. He was convicted and sentenced to death, but his conviction was appealed on the grounds that one of the jurors had mistakenly believed he was sitting at the trial of Bud Brown, not Bill Brown. (Like Sauron and Saruman, they’re easily confused.)

Seriously?

The appeals court judge couldn’t believe it when Bill’s attorney made this ludicrous assertion, and threatened to hold him in contempt for making a mockery of the proceedings and wasting the court’s time. Then Bill’s attorney brought in the juror in question, who admitted his error. (The confusion arose in part because Bill and Bud, neither of whom testified at the trial, were sitting next to each other at the defendant’s table.)

While Bud Brown was awaiting his first trial, Bill was waiting his second trial, and John Watson was awaiting the outcome of his appeal, they were all housed in a jail cell with Sonnie Crain.

Crain had been convicted of second-degree murder for shooting Will Snellings in a dispute over a craps game, and was sentenced to ten years in prison. He was housed in the jail while his case was under appeal.

On May 22, 1899, as the Brown brothers slept, Crain bludgeoned them both in the head with a piece of his bed, killing Bud and critically injuring Bill. He later said the brothers had threatened him and he’d acted in self-defense, but the authorities had another theory as to motive.

The jailer was away at the time of the murder and had placed his wife in charge, and there was some evidence that Watson and Crain had conspired together to murder their cellmates in order to create a diversion so they could escape when the jailer’s wife came to get Crain.

Crain (who denied any plan to escape from jail and insisted to his dying breath that he’d acted in self-defense) was convicted of Bud Brown’s murder and sentenced to death. Although Bill Brown’s wounds were very serious and he was not expected to live, he recovered from his injuries in time to be hanged alongside the man who’d tried to kill him and the other man who’d possibly conspired in his attempted murder.

So now that no one is confused … the three ultimately set to die in this labyrinthine affair were hanged at 11:50 a.m. on April 25, attended by two black ministers and two white ones. Crain and Brown were stoic, but Watson’s nerves failed him on the scaffold and he cried and shook as the noose was placed around his neck.

It was the last public(ish) hanging ever in McMinnville.

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1886: Joseph Jackson and James Wasson, at Fort Smith

Add comment April 23rd, 2013 Headsman


St. Louis Globe-Democrat, January 31, 1886

America’s most notorious “hanging judge” Isaac Parker issued the sentences resulting in this date’s double hanging at Fort Smith, Ark.

A much more prodigious body count had been ordered initially by the court, but clemencies straight from the hand of U.S. President (and former hangman) Grover Cleveland averted five of seven death sentences on their eve of execution. All the killers under sentence, spared or no, committed their murders in Indian Country.

In February, 1886, seven men were sentenced to be hung on April 23, 1886, but before that day arrived the sentences of all but two had been commuted. The two unfortunates were Joseph Jackson, a negro, convicted of killing his wife at Oak Lodge, Choctaw Nation, on March 9, 1885, and James Wasson, a white man, who participated in the murder of Henry Martin in 1872, but was not apprehended until he took a hand in the killing of a man named Watkins in 1884.* (Source)

Jackson slashed his own throat with the shard of a vase in an unsuccessful bid to cheat the hangman, and sported a terrible gash on his neck when he hanged.

* According to the Atchison (Ks.) Daily Globe of April 30, 1885, Watkins was a cattle baron, whose widow wife then put a $1,000 price on Wasson’s head. The killer’s arrest ensued promptly. Although Wasson hanged for the earlier murder and not for that of Watkins, the aggrieved Texan woman “was here [at Fort Smith] every term of court after Wasson was brought in, and employed counsel to assist the District Attorney in prosecuting him, having, it is said, spent over $7,000 in bringing him to justice.” (St. Louis Globe-Democrat, April 24, 1886.)

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1705: The Camisards Catinat and Ravanel

1 comment April 22nd, 2013 Headsman

On this date in 1705, two men were burned at the stake and two others broken on the wheel — Camisards all, put to death in Nimes, France.

The Camisards* were French Protestants of the mountainous southern Cevennes region who make their entry into these pages because the crown in 1685 revoked the Edict of Nantes, France’s guarantee of multiconfessional toleration.

Protestants were going to be bullied into conversion — or, in many cases, flight. (London’s Spitalfields textile industry, for instance, got a welcome shot in the arm from refugee Huguenot weavers.)

In 1702, the Cevennes Protestants pushed back.

“A persecution unsurpassed in violence had lasted near a score of years,” Robert Louis Stevenson wrote in his 19th century travelogue of the region. “This was the result upon the persecuted; hanging, burning, breaking on the wheel, had been in vain; the dragoons had left their hoof-marks over all the countryside; there were men rowing in the galleys, and women pining in the prisons of the Church; and not a thought was changed in the heart of any upright Protestant.”

On July 24, 1702, the Catholic torturer-priest running this show was assassinated, and the Camisard revolt was on.

Two years of dirty neighbor-on-neighbor violence mostly petered out in 1704 with the loss of the Camisards’ two main leaders — Jean Cavalier, the brilliant peasant-turned-commander who was bought off by an army commission and a royal pension, and Roland Laporte, who was betrayed as by Judas for 200 pieces of gold.

Catinat and Ravanel were Cavalier’s lieutenants; according to Alexandre Dumas, Catinat was a peasant named Abdias Maurel who picked up his nickname after serving under Marshal Catinat in the War of Spanish Succession.

The prospect of a renewed rising drew them back — a bold and terrible stroke to mount a surprise massacre and kidnap the exiled English Duke of Berwick. Catinat returned from his hidey-hole in Geneva; Ravanel came the bush where he was the last notable Camisard commander in the field.

An informer spilled the secret and the conspirators were busted in Nimes before they could spring their trap.

They faced immediate trial and condemnation — Catinat and Ravanel, along with two younger fighters named Jonquet and Villas.

After a long bout of pre-execution torture on April 21 to reveal their conspirators,**

The next day, the 22nd April, 1705, they were taken from the prison and drawn to the place of execution in two carts, being unable to walk, on account of the severe torture to which they had been subjected, and which had crushed the bones of their legs. A single pile of wood had been prepared for Catinat and Ravanel, who were to be burnt together; they were in one cart, and Villas and Jonquet, for whom two wheels had been prepared, were in the other.

The first operation was to bind Catinat and Ravanel back to back to the same stake, care being taken to place Catinat with his face to windward, so that his agony might last longer, and then the pile was lit under Ravanel.

As had been foreseen, this precaution gave great pleasure to those people who took delight in witnessing executions. The wind being rather high, blew the flames away from Catinat, so that at first the fire burnt his legs only — a circumstance which, the author of the History of the Camisards tells us, aroused Catinat’s impatience. Ravanel, however, bore everything to the end with the greatest heroism, only pausing in his singing to address words of encouragement to his companion in suffering, whom he could not see, but whose groans and curses he could hear; he would then return to his psalms, which he continued to sing until his voice was stifled in the flames. Just as he expired, Jonquet was removed from the wheel, and carried, his broken limbs dangling, to the burning pile, on which he was thrown. From the midst of the flames his voice was heard saying, “Courage, Catinat; we shall soon meet in heaven.” A few moments later, the stake, being burnt through at the base, broke, and Catinat falling into the flames, was quickly suffocated. That this accident had not been forseen and prevented by proper precautions caused great displeasure to spectators who found that the three-quarter of an hour which the spectacle had lasted was much too brief a time.

Villas lived three hours longer on his wheel, and expired without having uttered a single complaint.

A hecatomb of Camisard executions followed, fed by the denunciations of frightened or avaricious people; still others were “merely” condemned to the galleys … bringing at last a sullen peace of arms to the turbulent province.

* Here’s a 19th century public domain novel about the whole Camisard business.

** While three bore the torture quietly, Villas coughed up the name Boeton de Saint-Laurent-d’Aigozre. This man, too, was arrested and executed.

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1945: The children of Bullenhuser Damm

2 comments April 20th, 2013 Headsman

On this date in 1945, as Adolf Hitler celebrated his 56th birthday within a Red Army cordon, one of the Second World War’s more tear-jerking little crimes against humanity happened in Hamburg.

Bullenhuser Dammstill to be found today — was a former Hamburg school which fell out of use as World War II progressed, owing to the devastation Allied bombings wrought on the surrounding area.

The school itself sustained little damage, however, which eventually facilitated its appropriation as a satellite building for the nearby Neuengamme concentration camp.

Over at Neuengamme, the SS doctor Kurt Heissmeyer had been conducting a litany of horror medical experiments on 20 Jewish children — mostly from Poland — culled from the concentration camps, seeking medical evidence for Nazi racial theories further to a cushy professorship. But as April 1945 was obviously endgame for the Third Reich, thoughts naturally turned to disposing of evidence of indictable offenses.


Photos of the eventual Bullenhuser Damm victims showing their surgical scars after Heissmeyer injected them with tuberculosis.

Bullenhuser Damm was just the place for disposal.

On April 20, the 20 kids were loaded up on trucks with their four adult caretakers — two French, two Dutch — plus six Soviet prisoners of war.

At Bullenhuser Damm, the kids were parked in a room and hung out, blissfully ignorant of their danger. “They had all their things with them — some food, some toys they had made themselves, etc,” physician Alfred Trzebinski later recalled at his own trial. “They sat on the benches and were happy that they had gotten out. They didn’t suspect a thing.”

In the next room, the 10 adults were being hanged.

According to Admitting the Holocaust, Trzebinski was impressed with his own compassionate use of this bit of down time: he generously gave the children morphine shots to sedate them before their own executions. Or rather, their murders … since the doctor could not but agree that “you cannot execute children, you can only murder them.”

I must say that in general the children’s condition was very good, except for one twelve-year-old boy who was in bad shape; he therefore fell asleep very quickly. Six or eight of the children were still awake — the others were already sleeping … Frahm [an orderly] lifted the twelve-year-old boy and said to the others that he was taking him to bed. He took him to a room that was maybe six or eight yards away, and there I saw a rope already attached to a hook. Frahm put the sleeping boy into the noose and with all his weight pulled down on the body of the boy so that the noose would tighten. (Trzebinski, again)

The other 19 children were disposed of in like manner, and then all 30 corpses cremated overnight … just in time for what must have been a much-needed 5 a.m. coffee.

After the war, the facility went back to use as an actual (creepy!) school, but it was eventually renamed Janusz Korczak School, for a Polish-Jewish educator gassed with his young charges at Treblinka. There’s a permanent exhibition (German) at the site, as well as a memorial rose garden with a variety of plaques commemorating the victims of Bullenhuser Damm.

Trzebinski’s take on his conduct this horrible night might have been good enough for his conscience, but it didn’t pass muster with his judges: he was hanged on a war crimes rap prominently including Bullenhuser Damm on October 8, 1946. Kurt Heissmeyer, however, avoided detection until 1959 and only received a long prison sentence in 1966, shortly before his death.

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