Posts filed under 'Jews'

1948: Meir Tobiansky, by summary judgment

Add comment June 30th, 2016 Headsman

On this date in 1948, an alleged spy was extrajudicially executed by the Israeli Defense Forces.

This execution occurred during a short truce punctuating Israel’s War of Independence, but prior to the ceasefire the nascent IDF had become suspicious at Jordan’s gift for accurately targeting critical infrastructure in Jerusalem.

Suspicions came to settle on Meir Tobianski a Lithuania-born former British officer who had become a captain in the Jewish militia Haganah: as an employee of the Jerusalem Electric Corporation, he would have made a great informant for enemy artillerymen.

On June 30, 1948, Tobianski was kidnapped and driven to a depopulated Arab village (present-day Harel, Israel), where four intelligence officers demanded to know if Tobianski had given any information to his British colleagues at the utility (he had), and then declared him condemned as a spy. (Efficiently, they had already prepared the firing squad ahead of time.)

The chief of these four, Isser Be’eri, was later charged with manslaughter for the affair, receiving a symbolic one-day sentence. His subordinates, who were never charged, had long careers in Israeli intelligence; one of them, Binyamin Gibli would go on to help cook up a subsequent espionage debacle, the Lavon Affair.

Tobianski has been officially rehabilitated by Israel. Despite the irregularity of the proceeding against him, he’s sometimes described as the first of only two executions in Israeli history, alongside the much more procedurally defensible hanging of Adolf Eichmann.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Espionage,Execution,History,Israel,Jews,Occupation and Colonialism,Posthumous Exonerations,Shot,Spies,Summary Executions,Wartime Executions

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1680: The wife of Abdullah Celebi, and her Jewish lover

Add comment June 28th, 2016 Headsman

At noon on Friday, 28 June 1680, people crowded into Istanbul’s Hippodrome, the city’s main public space, to stone to death a Muslim woman identified as ‘the wife of Abdullah Celebi’ for adultery with an infidel, and to witness the beheading of the Jew who was alleged to be her lover, a neighbourhood shopkeeper. Neighbours who had raided her home when they knew that the Jew was inside claimed to have found the couple having intercourse, which was doubly illicit: not only was she married, but sexual relations between Christian or Jewish men and Muslim women were forbidden by law. The accused denied any wrongdoing, but a mob dragged the two before the chief justice of the empire’s European provinces (known as Rumelia), Beyazizade Ahmet (d. 1686), who had previously been the main judge at Istanbul’s Islamic law (shariah) court.

Beyazizade accepted the testimony of the witnesses. Denying the accused a trial, he condemned the pair to death. Grand Vizier Kara Mustafa Pasha (d. 1683) reported his decision to Sultan Mehmet IV (r. 1648–87, d. 1693), who confirmed the sentence. The sultan attended the double execution in person and offered the man conversion to Islam, permitting him to die swiftly and with dignity by decapitation. Mehmet IV was the only sultan to order an adulteress to be executed by stoning during 465 years of Ottoman rule in Istanbul.

Indeed, public stoning of adulterers was such a rare event in medieval and early modern Islamic history that it is difficult to find any other examples of Islamic rulers punishing transgressors of sexual norms in this way.

This remarkable double execution comes to us by way of three Muslim chroniclers via “Death in the Hippodrome: Sexual Politics and Legal Culture in the Reign of Mehmet IV” by Marc Baer* — whom we have excerpted above. Regrettably, it’s entombed behind a paywall.

Our Ottoman interlocutors universally hold the stoning and beheading as a gross moral failure on the part of both judge and sultan. To begin with, all three chroniclers consider the accusation against the couple legally groundless: evidently the two were not really caught in flagrante delicto and both denied the liaison; this led Sari Mehmet Pasha** to sharply criticize the judge for even admitting neighbors’ suspicions as evidence — rather than punishing the accusers themselves for slander.

According to shariah it is incumbent to accept such testimony only when this situation is witnessed with one’s own eyes, meaning that the witnesses actually see the man insert his penis in and out of the woman ‘like inserting the reed pen in and out of the kohl pot’. But this is one of those impossible conditions set forth to ensure that such charges and their punishment are not frivolously made. Moreover, what is also needed is the woman’s own confession, or admission of guilt. Yet in this case she insistently denied the charge. The Jew likewise continuously claimed he had no knowledge of the affair.

Indeed, another astonished chronicler, Mehmet Rashid, believed that the law required such exacting pornographic specificity of a witness that no adulterers had ever been executed in the history Islam without their own confession. All describe the eyewitness standard as a shield, not a cudgel.

Moreover, even a demonstrable crime of the flesh — and even one committed by a Jew or Christian with a married Muslim woman — ought not result in capital punishment according to religious scholars of the period marshaled by Baer. (At least, not of the man: theoretically the woman could be stoned to death although in practice this never occurred either.)

What was bizarre and blameworthy to contemporaries was that an esteemed judge issued a verdict of literally historic harshness on such dubious grounds — and that the sultan seemed eager not to restrain, but to enforce it. Their narratives† cast Mehmet in a very dark light. “Let me see [the executions] in person,” he says in Silahdar Findiklili Mehmet Agha’s account — then makes a point to cross the Hellespont that morning from the Asian to the European side of the city the better to establish himself in a mansion commanding a view of the ceremonies.

At that time they brought the woman and the Jew to the place of execution. Being told, “Become a Muslim, you will be redeemed, you will go to Paradise,” the Jew was honored by the glory of Islam and then decapitated at the base of a bronze dragon

Wailing and lamenting, [the woman] cried, “They have slandered me. I am innocent and have committed no sin. For the sake of the princes, do not kill me, release me!” But they did not let her go.

Since the incident is unique even in Mehmet’s own long reign one draws larger conclusions at one’s own risk: hard cases make bad law. But it might be possible to perceive here a misjudgment by a man who, having grown to manhood out of the shadow of the dangerous harem that had lately dominated Ottoman politics felt keen to assert himself as a champion of realm and faith alike. (And his sex into the bargain.)

Baer presents Mehmet as an unusually eager proselytizer, always ready with a conversion blandishment whether for infidels captured in the empire’s European wars or for chance encounters with Jewish and Christian commoners. (He also forced a noted rabbi, Shabbatai Tzevi, to convert after the latter started getting some traction as a possible Messiah, and eventually began pressuring Istanbul’s numerous court Jews — physicians, advisors, and miscellaneous elite intelligentsia — to become Muslims as well.) And a Muslim movement had in recent years clamped down on carnivalesque diversions like taverns and public singing thought to trend toward impiety.

Three years later, Mehmet would (over)extend the Porte’s sway to the gates of Vienna. But Mehmet’s defeat there helped to collapse his own power back home, and he was deposed in 1687.

Our correspondents, writing in the wake of that reversal, unmistakably view affairs like this date’s executions as evidence of moral depravity that was punished by its authors’ subsequent misfortunes. Writing of the once-powerful judge, who chanced to die around the same time Mehmet fell, Defterdar concludes that “Beyazizade fearlessly persevered in the matter without scruple” until “the hearts of young and old turned away from him in disgust” and he fell “from the summit of his dignity.”

* Past and Present, Feb. 2011

** The imperial treasurer, himself executed in 1717.

† It does bear remarking that all three chroniclers wrote after Mehmet IV’s own fall.

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Entry Filed under: 17th Century,Beheaded,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,Gruesome Methods,History,Jews,Milestones,Notable Jurisprudence,Ottoman Empire,Public Executions,Sex,Stoned,Turkey,Women,Wrongful Executions

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1916: Abraham Bevistein, child soldier

1 comment March 20th, 2016 Headsman

One century ago today, a Polish Jew from east London named Aby Bevistein was shot for cowardice in Calais — four weeks shy of his 18th birthday.

Abraham Bevistein was among an estimated quarter-million Brits who bore arms as minors in World War I. Fired by patriotism, these boys dodged the military’s 18-year-old minimum by … telling their recruiters they were 18. No documentation necessary.

Bevistein, whose family had moved to London from Warsaw when he was a small child, was British through and through enough to surge into the army with the first wave of pie-eyed volunteers in September 1914. He had 16 years and four months, and if he was like many of his new comrades in arms he probably reckoned on being back home by 17 — a bonny hero of a speedy war.

Instead, he spent most of 1915 navigating the labyrinth of trenches in France, and all their attendant horrors. He was wounded in December of that year but soon passed fit for duty again. On February 12-13, 1916, shellshocked and deafened by German grenades, he again sought medical help but was directed back to the lines by a harried medical officer. Instead, Bevistein wandered away to the rear, and took temporary refuge at a French farm.*

“We were in the trenches and I was ill so I went out,” he wrote to his mother by way of all-too-nonchalant explanation. “They’ve taken me to prison and I’m in a bit of trouble now.”

Anti-war suffragette Sylvia Pankhurst took up Bevistein’s cause when she learned about his execution, prominently publishing a sympathetic feature story in her newspaper, Women’s Dreadnought. Like 305 other British and Commonwealth soldiers shot at dawn during the Great War, Bevistein was posthumously pardoned and added to war memorials in the 21st century.

* The farm owner’s later testimony to Bevistein’s court-martial that the young tommy had expressed an intent to return to England sealed his fate as a deserter.

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Entry Filed under: 20th Century,Capital Punishment,Children,Death Penalty,Desertion,Disfavored Minorities,England,Execution,France,History,Jews,Military Crimes,Shot,Soldiers,Wartime Executions

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1573: Lippold ben Chluchim, scapegoat

Add comment January 28th, 2016 Headsman

On this date in 1573, the Jewish courtier Lippold ben Chluchim was broken on the wheel and cut into quarters.

Most of the readily available information about poor Lippold is in German; his was a fate similar to the 18th century “Jud Süß”, minus the worldwide notoriety conferred by a Nazi propaganda film.

Though born in Prague, Lippold would live a life, and die a death, in the orbit of the Elector of Brandenburg — a principality where Jews endured precipitous reversals of fortune over the centuries.

Elector Joachim I had actually expelled Jews from the territory in 1510* after riots incited by rumors of desecrating the Host; Lippold and his family would benefit when Joachim’s son, also named Joachim, rescinded some of the old man’s harsh ordinances and invited Jews to return. Lippold was about 12 years old when his family took advantage of the liberalization and relocated to Berlin in 1542.

By adulthood, the able Lippold had plugged into Joachim II’s court and become a trusted favorite. While Joachim’s dad must have been turning in the grave, one imagines the son appreciated the loyalty of an aide whose prestige depended entirely upon the prince himself.

Events would underscore painfully Lippold’s vulnerability to the turning wheel of fortune.

As Brandenburg’s master of the mint, it fell to Lippold to implement a wide-ranging currency debasement program required by Joachim to finance his spendthrift government — basically passing on the cost to merchants who were required by edict to accept the local coinage at its fanciful face value.

Despite this hated policy, plus additions to the state’s rounds of direct taxation, Joachim was 2.5 million guilders in debt when he died suddenly during a hunting trip on the third of January in 1571. Things immediately turned grim for Brandenburg’s Jewry after the liberal Joachim fils was in the earth; a pogrom sacked Berlin’s synagogue and rampaged through the Jewish quarter.

Joachim’s son and successor Johann Georg likewise found in his father’s Jewish henchman — a man who had naturally waxed very wealthy and very unpopular doing the previous sovereign’s dirty work — a ready scapegoat for Brandenburg’s financial woes. Johann Georg accused Lippold of using black magic and poison to assassinate his benefactor and persuaded Lippold in the usual way to confirm it. Jews beheld the reinstatement of that old proscription, little more than 30 years after Joachim II had canceled it — and they were once again expelled from Berlin en masse.

* Complete with a mass execution.

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Entry Filed under: 16th Century,Broken on the Wheel,Businessmen,Capital Punishment,Death Penalty,Disfavored Minorities,Dismembered,Execution,Germany,Gruesome Methods,History,Jews,Murder,Notable for their Victims,Political Expedience,Politicians,Power,Public Executions,Witchcraft,Wrongful Executions

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1736: Ana de Castro and two Jesuit effigies in a Lima auto de fe

Add comment December 23rd, 2015 Headsman

The auto de fe — those great spectacles of Spanish ecclesiastical power, enacted on the bodies of heretics and apostasizers — were scarcely limited to the Iberian peninsula.

Autos were also enacted for benefit of the subjects in the hinterlands of Spain’s global empire — especially since lapsed Jewish conversos, who were one of the principal interests of the Spanish Inquisition, were known to seek safety in the periphery.

December 23, 1736 marked perhaps the best-remembered public auto held in Lima, the capital of the Viceroyalty of Peru. Its victims were the effigies of two deceased Jesuit priests plus one living woman: Dona Ana de Castro.

All three were the playthings of Inquisitor Cristóval Sánchez Calderón — whose prosecutor’s office, then as now, enjoyed a wide scope for mischief.

According to the public domain The Inquisition in the Spanish Dependencies, one distant predecessor in the post had “aroused indignation” with his “arbitrary and scandalous conduct”: planting spies in the palace, and brazenly taking concubines. According to a report submitted to Toledo, this bygone inquisitor

was in the habit of walking the streets at night dressed as a cavalier, brawling and fighting, and on one Holy Thursday he supped with a number of strumpets … He was involved in perpetual contests with the [viceregal] judges and royal officials, whom he treated without ceremony or justice, interfering with their functions, of which a number of cases were given which, if not exaggerated, show that the land was at the mercy of the inquisitorial officials, who murdered, robbed and took women at their pleasure, and any who complained were fined or kept chained in prison.

But Inquisitors liked to keep busy with the pleasures of destroying the flesh, too.

Francisco de Ulloa, a Jesuit mystic “of little education but of high spiritual gifts,” had gained a small following who revered him as a saint by the time he died in 1709. For the Inquisition he looked like a possible exponent of heretical quietism, whose founder had been forcibly shushed by the Inquisition in the late 17th century. A half-mad expelled Jesuit named Juan Francisco Velazco was caught up in the same charge, and although he died in prison in 1719 the legal machinery proceeded against both he and Ulloa just the same — albeit without any great hurry.

Meanwhile, in 1726, a beautiful (multiple sources of the time dwell on this characteristic) noblewoman named Ana de Castro was turned in by a lover as a possible Judaizer. Her case along with those of the late Jesuit heretics languished for a decade for unclear reasons,* but when Calderon (who only became Inquisitor in 1730) turned his attention to her, she was tortured on three different occasions — treatment that her sex ought to have exempted her from.

Apparently (pdf) one basis of the case against her was her continued recourse to Jewish rituals learned in her childhood, whose observance she thought was immaterial to Christianity — things like Jewish mourning practices. But if the subsequent reports of the skeptical chief Peruvian inquisitor Mateo de Amusquibar are to be believed, Calderon was determined to send her to the stake in order to gratify his auto with a live human sacrifice. (Absent Castro, the auto’s apex sentences would have been mere floggings of various misbelievers and polygamists.)

In doing so, Calderon ignored an explicit directive straight from the mother country not to execute her; he may even have ignored Castro’s own attempt to claim the sanctuary of penitence — something her situation should have allowed her.

Amusquibar reported that the day before the auto she sought two audiences; no record was made of what occurred, but there could be no doubt that she confessed more than enough to entitle her to reconciliation; even if she did not entirely satisfy the evidence, what more could be expected of a poor woman in such agitation of mind…?

Amusquiar … states that there was no record that she was notified of the sentence; that the book of votes id not contain such a sentence and that, even if there was one, it was invalid in consequence of the absence of the Ordinary; moreover that, in spite of her confessions, no new consulta de fe was summoned to consider them. Altogether, if Amusquibar is to be believed, it was a cold-blooded judicial murder contrived, like the burning of Ulloa in effigy, for the purpose of rendering more impressive the spectacle of the auto de fe.

* Perhaps everyone was distracted through the 1720s by the Jose de Antequera case.

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Entry Filed under: 18th Century,Auto de Fe,Burned,Capital Punishment,Death Penalty,Disfavored Minorities,Executed in Effigy,Execution,God,Heresy,History,Jews,Nobility,Occupation and Colonialism,Peru,Posthumous Executions,Public Executions,Spain,Torture,Women,Wrongful Executions

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1736: Herry Moses, Jewish gangster

Add comment October 5th, 2015 Headsman

On this date in 1736, a Jewish gangster named Herry Moses was hanged as a highwayman at Vlaardingen, Netherlands.

Our source for Moses is Florike Egmond’s “Crime in Context: Jewish Involvement in Organized Crime in the Dutch Republic” from Jewish History, vol. 4, no. 1 (Spring 1989) — for whom Moses forms an window into the criminal life of Netherlands Jews. According to Egmond, Moses hailed from Frankfurt am Main, then an imperial Free City. He had no property or station, and spent the first decades of his life as a wandering beggar, a tinker, and one might guess a petty thief where the opportunity arose.

By 1723, when Moses was around 37 years old, he had washed up in the Dutch Republic — one of many Jews who had migrated to that more tolerant climate from Germany and points east.

In the Low Countries, these arrivistes filled many niches but one of the most noticeable was a burgeoning network of Jewish criminal gangs; per Egmond, in this period “between one-half and two-thirds of all Ashkenazim convicted of burglaries, theft, or robberies had been born outside the Dutch Republic.” The documentary record is far from thorough, but court cases suggest to Egmond the emergence of a small Jewish underground in the mid-17th century following the Thirty Years War, which was bolstered by subsequent immigration waves.

Jews filled plenty of more legitimate places too, of course — and we notice how diligently free of moral panic is the court that handles this minority outlaw. But the Dutch Republic endured in this period the decline of her former trading preeminence, and for the glut of new arrivals — who were sometimes legislated out of certain protected economic spheres — less legitimate occupations could not help but appeal.

Jewish gangs were accordingly quite prominent among the robbers and cutthroats prowling the roads; among other things, they were noteworthy for their willingness to raid churches, which Christian gangs tended to shy from attacking.

Similar “names, geographical background, occupation, travels, meeting places, and variable associations” populate the identifiable records of Jewish criminals, in Egmond’s words. They “were Ashkenazim, most of them poor, and a large majority were first-generation immigrants from Eastern and Central Europe.” Just as with Herry Moses.

So far as I have been able to tell, the annals do not supply us with the why in his strange story … which only deepens the intrigue of the what. Egmond:

In 1735 Herry Moses, alias Abraham Mordechai or Hessel Markus, confessed to a crime he did not commit. According to his version of the story, he murdered a Roman Catholic priest in his house in the Dutch town of Weesp and robbed him of aboug 3,000 guilders. The murder and theft were real enough, and a less scrupulous court than the schepenbank of Weesp (a high jurisdiction some twenty kilometers east of Amsterdam) might have sentenced Herry Moses to death on the strength of his confession alone. Adhering strictly to criminal procedure and confronted with some slight inconsistencies in Moses’ confession, the court tried to obtain more information. Could Moses have murdered the priest, as he declared, when standing behind the bedstead? (There was no room for a man to stand there.) Was he lying when he denounced several Jews and a Christian as his accomplices in both the murder and a burglary at The Hague? His descriptions proved accurate enough to track down some of these men and arrest them in different parts of the Netherlands, but they denied any involvement in the crimes and told the court that they did not even know their accuser. They were eventually released.

Herry Moses was interrogated a number of times during 1734 and most of 1735. Lengthy questioning yielded more detail and added more inconsistencies, but Moses continued to stand by his confession. The court, by now convinced of his innocence, saw no other solution than to torture him — not to obtain a confession but to have him retract it. Moses still did not oblige. The case was subsequently sent to a higher court (the Hof van Holland), which shared the doubts of the local court. Finally, at the end of 1735, Herry Moses was sentenced to whipping, branding, and banishment for life from the provinces of Holland and Zeeland, on account of his false accusations and his contempt for justice in general. Shortly before Herry’s sentencing — after he had been in prison for well over a year — the priest’s housekeeper and her husband confessed to having murdered the priest as well as the woman’s first husband. Both of them were sentenced to death.

As could be expected, Herry disappeared from sight after receiving his sentence, until September 1736, when he again stood trial in a Dutch criminal court. This time, there was no doubt about the indictment or the evidence. Passersby had caught him and his two accomplices in the act of attempting to strangle and rob a woman on a country road near Rotterdam. They arrived in time to save the woman’s life. Herry Moses was sentenced to death, and on 5 October 1736 was hanged at Vlaardingen.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Jews,Netherlands,Organized Crime,Outlaws,Pelf,Public Executions,Theft

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1915: Leo Frank lynched

3 comments August 17th, 2015 Headsman

One hundred years ago today, Leo M. Frank was lynched to an oak tree at Marietta — one of the most notorious mob murders in American history.

Methodically extracted hours before from the Midgeville State Penitentiary by an Ocean’s Eleven-style team of coordinated professionals, Frank’s murder was as shocking in 1915 as it reads in retrospect.

The well-heeled Jewish Yankee was factory superintendent at the National Pencil Company in Atlanta when a 13-year-old girl in his employ was discovered in the factory’s basement — throttled and apparently raped. That was in 1913; for the ensuing two years, the prosecution of Mary Phagan’s boss as her murderer would play out in sensational press coverage.

Frank is today widely thought innocent of the crime, although the Georgia Board of Pardons and Paroles has balked at issuing an unconditional pardon since so little of the original evidence survives. (A 1986 pardon came down “without attempting to address the question of guilt or innocence” in recognition of the slanted trial and the failure to protect Frank from lynchers.) But this was much more than a courtroom drama; the Frank affair crackles with the social tensions of early 20th century America. Industry and labor; integration; sexual violation; sectional politics; race and class and power.

Populist Party politician Thomas E. Watson, whose magazines made a dishonorable intervention by openly agitating for (and then celebrating) Frank’s lynching, captures the Zeitgeist for us as he fulminates against the nationwide campaign to grant the convicted murderer a new trial: “Frank belongs to the Jewish aristocracy, and it was determined by the rich Jews that no aristocrat of their race should die for the death of a working-class Gentile.” Frank came to enjoy (if that’s the right word) the editorial support of most of the country’s major papers, but the meddling of northern publishers, and of fellow Jews in solidarity,* arguably led Georgians to circle wagons in response. Present-day Muslims called upon to disavow every bad act by every other Muslim would surely recognize this no-win position.

But then we must also add that Watson himself, a lawyer, had been approached by Frank’s defense team hoping to enlist his bombast to defend their man at trial. The white supremacist demagogue would have been perfect for the job, for the legal battle pitted the credibility of a black janitor named Jim Conley against that of Frank.

Here amid the nadir of American race relations Frank’s team made its own ugly and unsuccessful pitch for racial solidarity with his neighbors. When formulaically asked by the court that had convicted him for any statement to mitigate the impending sentence, Frank replied that

my execution will make the advent of a new era in Georgia, where a good name and stainless honor count for naught against the word of a vile criminal; where the testimony of Southern white women of unimpeachable character is branded as false by the prosecution, disregarded by the jury and the perjured vaporings of a black brute alone accepted as the whole truth.

This violent collision of two vulnerable minorities each with the keen sense that one or the other of them was being outfitted for WASP America’s nooses makes for riveting and sometimes bizarre reading. Newspapers could hardly fail to note that the all-white jury (Leo Frank’s defense team struck all the blacks) had, as Frank complained, privileged the account of just the sort of “black brute” that Southern courts were accustomed to scorn, or railroad. Thus we have the NAACP organ The Crisis taking umbrage that “Atlanta tried to lynch a Negro for the alleged murder of a young white girl” but “a white degenerate has now been indicted for the crime.” It was likewise reasoned by some that since Conley was a young black man with a criminal record who was a potential suspect in the Deep South in the murderous sexual assault of a little white girl, “the mere fact that Conley did not long ago make his exit from this terrestrial sphere, via a chariot of fire is convincing proof that he, at least, is not the man who committed the deed.”** (New York Age, Oct. 29, 1914.)

In the end it was a zero-sum game between Jim Conley and Leo Frank: one of them was the murderer; each accused the other. Their respective desperate interests permeated to their respective communities. (After Frank’s lynching, hundreds of Jews left Georgia; many who remained took pains to downplay their Jewishness.)

By whatever circumstance police zeroed on Frank and the white community’s passion followed — tunnel vision that would eventually manifest itself in a circus courtroom atmosphere where the prosecuting attorney was cheered and defense witnesses hooted at and the ultimate outcome more demanded than anticipated. The judge feared that an acquittal would result in the summary lynching of not only Frank but his defenders.


Mary Phagan was killed on Confederate Memorial Day, the “holiday” this ballad alludes to.

Unusually for the time, appeals on the case reached the U.S. Supreme Court which declined to intervene — although two justices filed a dissent citing the egregious trial atmosphere.

Mob law does not become due process of law by securing the assent of a terrorized jury …

This is not a matter for polite presumptions; we must look facts in the face. Any judge who has sat with juries knows that in spite of forms they are extremely likely to be impregnated by the environing atmosphere … we think the presumption overwhelming that the jury responded to the passions of the mob …

lynch law [is] as little valid when practiced by a regularly drawn jury as when administered by one elected by a mob intent on death.

But that mob would still have its say. On the eve of Frank’s scheduled June 22, 1915 hanging, outgoing governor John Slaton commuted the sentence.

“Feeling as I do about this case, I would be a murderer if I allowed this man to hang,” the governor said. “It may mean that I must live in obscurity the rest of my days, but I would rather be plowing in a field than feel for the rest of my days that I had this man’s blood on my hands.”†

Frank was spirited away to the penitentiary under cover of darkness; it was hoped that the remote and reinforced edifice would deter any reprisal. It turned out that the furies who hunted Franks could not be dissuaded by mere inconvenience: a committee calling itself the Knights of Mary Phagan formed with the open object of organizing the intended mob vengeance — and indeed it was almost superseded in July of that year by a fellow-prisoner who slashed Frank’s throat as he slept.

Frank survived that murder attempt only to await the next one. Who knows what fancies frequented him in those weeks when he ducked from the shadow of the gallows to that of the lynching-tree, object of pity or hatred. He had time on the last day to savor his impending fate when the Knights methodically cut their way into the penitentiary — snipping the phone wires and disabling the vehicles — and marched their man out with nary a shot fired. Then, a convoy of automobiles “sped” (at 18 miles per hour) all the way back to a prepared execution-site at Marietta. The drive took seven or eight hours over unpaved country lanes, and for every moment of it Frank surely knew how it would end.

* Frank was a chapter president of the Jewish fraternal organization B’nai B’rith; the Anti-Defamation League of B’nai B’rith was founded in 1913 as a direct outgrowth of the Frank campaign.

As a contrasting response, the American Jewish Committee declined to participate in the Frank campaign for fear of lending counterproductive credence to charges such as those voiced by the New York Sun (Oct. 12, 1913):

The anti-Semitic feeling was the natural result of the belief that the Jews had banded to free Frank, innocent or guilty. The supposed solidarity of the Jews for Frank, even if he was guilty, caused a Gentile solidarity against him.

** Maurianne Davis’s Strangers and Neighbors: Relations between Blacks and Jews in the United States has a trove of interesting editorial comment from Frank’s contemporaries in the black press, and the Jewish press. Conley was actually the confessed accessory, and served a year in prison for it: he said that he complied with Frank’s order to hide the body for fear that his “white” boss could easily get Conley lynched for the crime. Conley also wrote (under Frank’s directive, he said) the preposterous “murder notes” found with the body that purported to be Mary Phagan’s dying indictment of Newt Lee, the African-American night watchman.

† The allusion to political suicide suggests Slaton’s mind was on the precedent of Illinois Gov. John Altgeld, whose career was destroyed by pardoning some of the Haymarket anarchists. If so, Slaton was quite correct; he actually had to flee Georgia altogether and could not return to the state for more than a decade.

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Entry Filed under: 20th Century,Arts and Literature,Borderline "Executions",Businessmen,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Georgia,Hanged,History,Jews,Lynching,Mature Content,Murder,Not Executed,Pardons and Clemencies,Public Executions,Rape,USA,Wrongful Executions

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1941: Ben Zion bar Shlomo Halberstam, the second Bobever Rebbe

1 comment July 28th, 2015 Meaghan

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

On this date in 1941, less than two months after the Nazis invaded the Soviet Union, they executed the Hassidic Rabbi Ben Zion Halberstam along with his son, Rabbi Moshe Aaron, three of his sons-in-law, and a number of other Jews.

Born in Galicia in 1874, Ben Zion was the son of Grand Rabbi Shlomo Halberstam in the village of Bobov. After the father’s death in 1905, the Chassidim elected the son Grand Rabbi in his place.

During World War I, the Bobever Rebbe fled to Austria, but he returned to Poland once hostilities ceased and founded a highly regarded yeshiva. During the mid-thirties he lived in the town of Trzebinia in south central Poland, and developed a following of thousands of disciples.

He was a farsighted man and in 1938, when Germany expelled its Polish-Jewish minority, he wrote an open letter to the Jews of Poland explaining the terrible situation and asking them to help their displaced brethren. After the Nazis invaded Poland, Haberstam fled to Lvov,* which was under Soviet control and relatively safer. He hid there in a disciple’s house, and his followers tried and failed to get him papers to travel to the United States.

In June 1941, Nazi Germany invaded the Soviet Union. By June 30 they’d reached Lvov, and by July 25, Rabbi Halberstam and several other members of his family were placed under arrest and marched to the Gestapo prison.

As Yad Vashem records,

Rabbi Ben Zion [he was 67 years old by then] was weak, and could not keep up with the fast pace of the march. When he fell to the back of the column, the policemen whipped him and shouted at him to move faster. The march continued until the prisoners arrived at the Gestapo headquarters. Rabbi Ben Zion’s family tried everything to win their release, but after three days, he was executed at the Yanover forest together with his son, three sons-in-law and the other prisoners.

They were a mere 19 kilometers from the future site of Auschwitz.**

Although the Halberstam family suffered significant losses during the Holocaust, at least one of Ben Zion’s sons survived, and so their dynasty did not die out. There exists today a community of Bobover Hassidim in Borough Park, Brooklyn.


Rabbi Ben Zion Halberstam in the center, pictured during his time in Trzebinia. The bare-faced youth directly over the rabbi’s shoulder is Moshe Aaron Halberstam, the son who would eventually be shot at the rabbi’s side.

* Called Lviv in Ukrainian, Lvov in Russian, Lwow in Polish and Lemberg in German; the city is at the heart of Galicia, and has changed hands repeatedly between these countries. Right now it’s Lviv.

** Although the smaller Auschwitz I camp for political prisoners existed from 1940, Auschwitz II-Birkenau, the Reich’s metonymical extermination facility, was constructed towards the end of 1941.

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1941: Numberless Poles and Jews by Felix Landau’s Einsatzkommando

Add comment July 4th, 2015 Meaghan

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

On this date in 1941, near the city of Lvov in eastern Poland (now called Lviv and part of Ukraine), an Einsatzgruppe—mobile Nazi killing squad—shot an unknown number of Poles and Jews. We know a little bit about what happened because of Felix Landau, a young SS Hauptscharführer of Austrian origin, who kept a diary of his experiences in the Einsatzkommando.

The diary has been translated and published in several anthologies; this version of it comes from “The Good Old Days”: The Holocaust as Seen by Its Perpetrators and Bystanders, edited by Ernst Klee, Willi Dressen and Volker Riess.

Landau was a Nazi of the Old Guard who’d been involved in National Socialist activities since the age of fifteen, served time in prison for his role in the assassination of Engelbert Dollfuss, and ultimately became a naturalized German citizen. He volunteered for the Einsatzkommando on June 30, 1941 — the same day the Wehrmacht arrived in Lvov — and went right to work.

It should be emphasized that Landau was not, by SS standards, a particularly vicious man. He rapidly became disillusioned with the kommando, writing that he preferred “good honest open combat.” In his first diary entry he referred to “scum” who “did not even draw the line at children” and also wrote, “I have little inclination to shoot defenseless people — even if they are only Jews.”

Yet shoot them he did, and he described it in his diary in a flat, matter-of-fact way.

Often he simply put down the dry numbers, as on July 22: “Twenty Jews were finished off.”

Other times, Landau recounted his gruesome work in chilling detail. And so it was on July 4, when over 300 people were killed. His entry describing that day is worth quoting at length:

One of the Poles tried to put up some resistance. He tried to snatch the carbine out of the hands of one of the men but did not succeed. A few seconds later there was a crack of gunfire and it was all over. A few minutes later after a short interrogation a second one was finished off. I was just taking over the watch when a Kommando reported that just a few streets away from us a guard from the Wehrmacht had been discovered shot dead.

One hour later, at 5 in the morning, a further thirty-two Poles, members of the intelligentsia and the Resistance, were shot about two hundred meters from our quarters after they had dug their own grave. One of them simply would not die. The first layer of sand had already been thrown on the first group when a hand emerged from out of the sand, waved and pointed to a place, presumably his heart. A couple more shots ran out, then someone shouted — in fact the Pole himself — “shoot faster” What is a human being? […]

The stench of corpses if all pervasive when you pass the burnt-out houses… During the afternoon some three hundred more Jews and Poles were finished off. In the evening we went into town for an hour. There we saw things that are almost impossible to describe… At a street corner we saw some Jews covered in sand from head to foot. We looked at one another. We were all thinking the same thing. These Jews must have crawled out of the grave where the executed are buried. We stopped a Jew who was unsteady on his feet. We were wrong. The Ukrainians had taken some Jews up to the former GPU citadel. These Jews had apparently helped the GPU persecute the Ukrainians and the Germans. They had rounded up 800 Jews there, who were supposed to be shot by us tomorrow. They had released them.

We continued along the road. There were hundreds of Jews walking along the street with blood pouring from their faces, holes in their heads, their hands broken and their eyes hanging out of their sockets. They were covered in blood. Some of them were carrying others who had collapsed. We went to the citadel; there we saw things that few people had ever seen. […] The Jews were pouring out of the entrance. There were rows of Jews lying one on top of the other like pigs whimpering horribly. We stopped and tried to see who was in charge of the Kommando. “Nobody.” Someone had let the Jews go. They were just being hit out of rage and hatred.

Nothing against that — only they should not let the Jews walk about in such a state.

Writing on July 6, Landau described himself as “psychologically shattered” — not due to what he had just seen and done, but because he was homesick and especially missed his girlfriend Trude. He complained of not being able to find stationery to compose a letter to her. (Landau was forever fretting when they weren’t able to write to each other, constantly worried she would leave him.)

He was, however, able to find “a lovely big traveling bag” for only 3.80 reichmarks.

Just another day on the job.

It is often said that the reason the Nazis stopped using the Einsatzgruppen to kill Jews and started using gas chambers was because it was more efficient: they could kill more people in less time using gas. This isn’t true. The Einsatzgruppen’s shooting at Babi Yar, for example, killed more than 33,000 people in two days. Gas chambers could not have done better than that.

In fact, the reason for the switch to the quieter, cleaner method of gassing had more to do with the effect the shootings were having on the Einsatzkommando men themselves. Men would rapidly develop what, in the modern parlance, would be called post-traumatic stress disorder; many were ruined for life. Given the conditions Landau described in his diary, it’s no wonder.

August Becker, a gas van inspector, later stated, “The men in charge of the Einsatzgruppen in the East were increasingly complaining that the firing squads could not cope with the psychological and moral stress of the mass shootings indefinitely. I know that a number of members of these squads were themselves committed to mental asylums and for this reason a new and better method of killing had to be found.”

The first gas vans wouldn’t be created until December 1941, however, and gas chambers came later still. In the meantime, the Einsatzgruppen traveled from town to town, massacring civilians everywhere they went.

As for Felix Landau: in late 1941 he moved in with Trude, and they married in 1943 after Landau divorced his first wife. He and Trude divorced in 1946, though, and that same year he was recognized and arrested for war crimes. Escaping from an American prison camp, he adopted an alias name and lived in plain sight as an interior decorator.

In 1959 he was arrested again and ultimately sentenced to life in prison for his role in the killings, but pardoned in 1973. Felix Landau died a free man in 1983, at the age of 73.

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1940: 32 innocent Poles

1 comment June 6th, 2015 Meaghan

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

On this day in 1940, in the tiny village of Celiny in Nazi-occupied Poland, German soldiers and gendarmes stood 32 Polish citizens against the wall of a house and shot them all to death.

The victims of the shooting had, by the Germans’ own admission, done nothing to deserve their fate. They were killed in reprisal for crimes committed by others: namely, the murder of a German gendarme the previous day.

Seventy years later, the inhabitants of Celiny shared their memories of the incident with British historian Mary Fulbrook:*

Two Poles had apparently become involved in a dispute with the gendarme, provoked by a disagreement over the legality of ordering a certain dish in a local hostelry: that particular cut of meat was not supposed to be available to Poles under the rationing system introduced by the German administration. The Poles initially succeeded in escaping from the fracas by bicycle, but were caught up by the gendarme, on a motorbike, in Celiny; here, a further scuffle had ensued, in the course of which the gendarme was fatally wounded.

In a slightly different version of the story, the German gendarme had not even been killed by the Poles but had died as a result of crashing when, somewhat inebriated as well as angry, he took a corner too fast in pursuit of the two Poles. Whatever the truth of the matter, the latter knew they were in for trouble and rapidly escaped; they were nowhere to be tracked down.

The Germans had previously registered prominent local citizens to serve as hostages for just this sort of situation. But everyone on the registration list was forewarned by their friends and family and went into hiding to avoid arrest.

The next morning, unable to find any of their hostages, the local German authorities got together and argued for a full three hours over what to do. In the end they settled on a plan: They went to the prison in the nearby city of Sosnowiec and grabbed 32 inmates who had been “incarcerated for all the manner of reasons, including minor infringements of the most trivial of the new rules imposed by the German occupation, political resistance, and sheer bad luck.”

The men’s bad luck got even worse: the 32 men (29 Catholics and three Jews) were trucked fifteen miles back to Celiny, taken to the scene of the fight from the night before, stood in a row against the wall and shot dead at point-blank range.

Nearly three-quarters of a century later, Fulbrook visited the site of the massacre:

The wall against which the thirty-two people were shot remains pockmarked by the bullet holes, daubed now with dashes of red paint to intimate their bloody origins; there is a memorial stone, for which money had arduously to be raised among the local community; and fresh flowers were often laid there, to keep the memory of former compatriots and relatives alive.

The memorial stone lists the names of the 29 Catholic victims, but not the names of the Jews, apparently because the townspeople didn’t know who they were.

Fulbrook notes that this incident seems insignificant when put into context of the “enormity of other crimes that were soon to engulf the area.” Indeed, she says, “This incident would scarcely bear mention in comparison with the crimes committed on an infinitely larger scale at Auschwitz.”

But to the tiny village it was devastating and not easily forgotten — a small emblem of the countless nameless Poles casually put to execution in those years.

Andrzej Wróblewski

The Polish Andrzej Wróblewski created this series of eight paintings titled Rozstrzelania (Executions) in 1949, the year he turned 22. (They have no specific connection to the Celiny executions.)

* Mary Fulbrook was interviewed about her Holocaust research in this New Books In History podcast.

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