In Arequipa, there is active devotion to Victor Apaza Quispe, who was born in the Miraflores district in 1932. Apaza led a vagrant life supported by odd jobs after fleeing his abusive father. In a variant version that he related to inmates, he was sold by his father into farm labor. Apaza married in 1953, continued a life of transient jobs and petty crime, drank heavily, and physically abused his wife and daughter until he finally abandoned the home. When he returned ten years later, the marriage was beyond repair. In January 1969, Apaza dreamed that his wife was unfaithful to him. He went to the location revealed in the dream and saw the shadowy figure of a man escaping. His wife, also there, was not as fortunate. Apaza beat her to death with a rock.
It was later revealed that the crime was premeditated and carefully planned. Apaza originally denied responsibility but confessed his guilt once the evidence mounted against him. Later, during appeals for clemency, he again declared his innocence. He was convicted partially on the evidence of his two daughters, who wittingly or unwittingly offered testimony that supported the death penalty. Apaza did not understand the sentence until his lawyer translated it for him into Quechua. He hugged his lawyer, the two of them crying, and then collapsed into his chair.
People in the courtroom were shocked by the death sentence. The rarity of the event — this would be the first execution in Arequipa — resulted in extensive press coverage. Apaza suddenly gained a celebrity derived less from his crime than from the punishment. The press represented him as a poor, simple man and a good Christian. According to Apaza’s defense attorney, “the very foundation of society was shaken” when the public learned that Apaza had been sentenced to death. Horror and indignation were aroused because the imminent execution was “an unjust action of human justice.” Divine justice would make amends.
Apaza faced the firing squad in prison on September 17, 1971. (The drama is intensified in some folkloric versions by locating the execution in Arequipa’s main plaza.) Arequipa’s residents were outraged, even traumatized, and some fifteen hundred attended Apaza’s funeral. They organized themselves into squads, taking turns to carry the coffin.
Apaza had been in prison for two years before he was executed. Like Ubilberto Vasquez Bautista in Cajamarca, he became a model prisoner and something of a populist. Fellow inmates described Apaza as a good, hardworking, honest man. In 1971, the 531 men incracerated with him sent a letter to the court petitioning clemency, in part because Apaza had proven himself to be “an honorable man and dedicated to his work.” The prison chaplain, a Jesuit, found Apaza to be pious and God-fearing, and the warden thought he was a “completely good” man. Later, retrospective press accounts described Apaza and Ubilberto together as “innocent men crushed by the Kafkaesque and labyrinthine cruelties of the administration of justice in Peru.”
The devotees with whom I spoke in Arequipa knew little about Apaza. Even the official rezador, a man who prays for tips at the shrine, did not have the story clear. Many devotees had a vague idea that Apaza had been executed under circumstances that suggested injustice, however, and the key word offered by all was “innocent.” Some believed that the true killer confessed the crime after Apaza was executed.
When I asked devotees how they knew that Apaza was innocent, one woman astonished me with her answer: “because a sinner cannot work miracles.” I later encountered this same response in other devotions. Once a folk saint’s fame for miracles is accepted as true, then this truth — this evidence — revises backward to create the conditions necessary for the production of miracles. Miracles make Apaza’s apparent guilt impossible, so the verdict is reversed. Innocence causes miracles, and miracles cause innocence. Miracles occur within the circularity defined by these parameters.
Apaza is miraculous, like all folk saints of this prototype, because “he died innocent and is beside Our Lord.” “You were shot, you suffered,” people said when they requested the first miracles, because these misfortunes qualified Apaza for sainthood.
On Tuesday, the 23rd inst., Harriet, slave of JAMES H. SHEPPERD, JR., aged about 13 years, was convicted of the murder, by drowning, of a son of ALEXANDER McKENZIE, Esq., of Hardeman county; she was sentenced to be hung on the 23rd of August. The boy deceased, was aged about 5 years, and was drowned in a common flour barrel fixed in a spring near the residence of his father. (Source)
On this date in 1833, a thirteen-year-old slave girl was hanged for murder in Bolivar, Tennessee.
The teenager, called Harriet, belonged to James H. Shepperd, Jr. On some unspecified date, she drowned a five-year-old boy, the son of Alexander McKenzie, in a flour barrel near his home in Hardeman County.
A local news account noted, “The circumstances as detailed by the witnesses on the trial, show the transaction to have been one of the most wanton and aggravated murders, perhaps ever committed by a female so young, and created considerable excitement in the minds of a virtuous community.” Harriet was convicted on July 23 and executed exactly a month later.
Harriet was the youngest female ever legally executed in Tennessee. She was not, however, the youngest person in the state to meet with that fate. That honor goes to twelve-year-old Jesse Ward, also a slave, who was hanged for arson in Knoxville in 1809. He burned down his master’s house and several barns because he was angry at being whipped.
New York’s electric chair handled record traffic on this date in 1912: seven successive electrocutions.
The first two men committed unrelated and isolated crimes.
John Collins got drunk and started firing a pistol in his Manhattan apartment. Police responded, and Collins shot a patrolman through the chest when they entered his domicile and tried to arrest him.
Joseph Ferrone, a violent wife-murderer who reacted to his guilty verdict by smashing a glass and slashing a juror with the jagged edge before he was restrained.
The last five were the culmination of another record: six people (these were nos. two through six) executed for one homicide. More specifically, and this was their newspaper billing, “Six Italians”.
Ringleader Lorenzo Cali
Lorenzo Cali, Santo Zanza, Vincenzo Cona, Salvatore DeMarco, Angelo Giusto and Filippo DeMarco were all Sicilians who were among the million-plus emigres to leave the island in the wake of the devastating 1908 Messina earthquake, had washed up at Croton Lake outside of New York working on the aqueducts that supplied that swelling metropolis with its fresh water.
It was backbreaking work at less than $2 a day, with tent barracks for recuperation because it was a prohibitive two-hour train ride back to the last stop on the New York subway.
In 1911, Cali caught wind of the passing of a nearby farm owner — Henry J. Griffin, whose comfortable home (usually occupied by boarders from the aqueduct’s managerial ranks) must have looked a fair sight from the muddy workers’ tents. It was said that he had left his wife not only that property but a $3,000 insurance policy. That would be a good four times the average annual earnings of a workingman at the time: had that policy been cashed out, grabbing the proceeds would be a better day’s labor by far than tending the aqueduct.
On the night of November 8-9 of that year, our Six Italians — led by Cali, who had made a point of casing the house over the preceding weeks — stole by moonlight into the woods near the house and waited for the male residents to leave for the day. Once they did, the Italians raided the farm.
Though they easily overpowered the three women left there, they didn’t find any $3,000. One of the women, Mary Hall, the young wife of an aqueduct superintendent, lost her composure in the face of the bandits screaming at her to produce more money; desperate to control her sobbing and shrieking, Santo Zanza stabbed her fatally in the chest.
But as the men fled the house with pennies on their hoped-for fortune and a dying woman at their back, the other two matrons of the house summoned police — Aqueduct Police, actually, a special force detailed to keep order in the unruly laborers’ shanties. Four of the men were arrested in the vicinity that afternoon; Cali, the ringleader, made it back to his Brooklyn tenement but was caught there two days after the murder. Only Salvatore DeMarco, known to his confederates as “Penolo”, remained on the lam.
A speedy succession of four different trials (Filippo DeMarco and Cali opted to be tried together) commenced at the Westchester County courthouse in White Plains before the month was out. Heavy guard (“Black Hand” notes kept arriving at the judge’s door; for fear of a possible rescue attempt by underworld characters, Italians were barred from attending the trial) did not in the least encumber their rapidity.
Angelo Giusto had implicated Santo Zanza as the killer (“the confession was wrung from the prisoner by up-to-date third-degree methods,” a newspaper reported) and a cycle of desperately competing confessions and accusations ensued among the lot to easily doom them all. The general thrust of the non-Zanza defendants was that the whole thing was a robbery only, and that Zanza had gone rogue in knifing Mary Hall to death. Even if true, however, those statements amounted to confessing capital crimes under felony murder rules imputing to all participants in the criminal enterprise joint liability for all its consequences. There was one death by one man’s hand, but all six were murderers.
Twenty-six days after Mary Hall’s death, all five Italians stood together in the courtroom to receive their death sentences. The trials had taken just a few hours apiece; jury deliberations consumed less than a quarter-hour for all cases save that of the youngest, Giusto.
New York Times headlines from November 29 (left) and December 6 of 1911. “Less than thirty hours’ actual court time was used in the four trials,” the latter article reported by way of high-fiving the state’s attorneys. “It is believed that Westchester has established a new record for the quick disposal of murder cases in this State.”
Two days after that, the last fugitive Salvatore DeMarco was finally arrested at his East Flatbush apartment. He was tried, convicted, and condemned all in a single day on December 19.
As the short appeals process unfolded over the ensuing months, public pressure for mercy was exerted by the Italian consulate specifically on behalf of the men who had not bloodied their own hands. Even Santo Zanza, who was executed separately from the rest on July 12, climbed aboard, and gave statements designed to accentuate his own culpability and underscore his fellows’ innocence of his design. But considering the sensational nature of the crime, and its context of growing public fear of violent crime rife among New York’s Italian immigrants, this was not one to recommend itself to the governor‘s clemency.
There is a detailed Crime Library summation of this case that begins here; note that most of its navigation links insert a gratuitous (and link-breaking) space after the phrase /croton in the web address; clicking through the 15-page story requires some annoying manual url manipulation.
The casta system was officially abolished when Mexico attained independence in 1821, but for Amerindians the newfound equality was more aspirational than real. It’s just that now they were looking up at Mexican-born criollo elites instead of Iberia-born peninsulares.
In 1846, a heavily Maya Yucatecan peasantry, strained by the economic extractions the Mexican state was imposing for its disastrous war with the United States, began rising against the overweening local gentry.
The progress and organization of these disturbances varied, but it’s the execution of our man, the 27-year-old chief of the village Chichimila, that traditionally marks turning-point galvanizing a full-scale rebellion. On July 18, as armed Maya regiments gathered in nearby Tihosuco, Valladolid’s authorities seized Miguel Antonio Ay for planning a rebellion. He had in his possession a letter from Bonifacio Novelo, a major Maya chief who would become one of the Caste War’s leading figures in the years to come — indeed, Terry Rugeley says in Yucatan’s Maya Peasantry and the Origins of the Caste War that Ay served for his persecutors as “a temporary substitute for Novelo, whom officials feared and hated more than any Maya.”
They’d never lay hands on Novelo, but his substitute was executed in the town square of Valladolid, and the body returned to exhibit in Chichimila in a futile attempt to cow resistance: Ay had, instead, become the first martyr of the coming war. Three days later, the gathering Maya army sacked the village of Tepich, beheading the colonel who commanded its defenses — the onset of generations of general war that persisted into the 20th century.
On this date in 1801, the teenage slave “negro Chloe” — as the press reports almost invariably called her — was hanged at Carlisle, Penn., for murdering her owner’s two young children.
Although a slave by every experience of her short life, Chloe and others of her generation actually existed in a legal twilight space between slave and free. Pennsylvania in 1780 had taken a step towards emancipation that was pioneering for its time but the halfest of half-measures: the Gradual Abolition Act made the children of slaves born in Pennsylvania after 1780 into indentured servants who would be manumitted by age 28.* As a result, dwindling numbers of grandfathered legal slaves remained in Pennsylvania until 1847, even as the state became an antebellum hotbed of abolitionist activism with a huge population of free blacks and slaves fled from Southern plantations via the Underground Railroad.
In Chloe’s case, she had been born to a slave in 1782, then willed when her owner William Kelso died in 1789 to William’s daughter Rebecca, who eventually sold Chloe on to a dealer.
In 1794, Chloe was bought and sold repeatedly: she was sold in July of that year, and then again in August, and then again in October, until an Irish merchant named Oliver Pollock finally bought her in March of 1795 and gave her a little bit of stability. In her eventual last confession, Chloe credited Pollock and his daughter as the only owners who took any care for her education.
Pollock, however, sold Chloe as well at the end of 1796. One wonders if the “high passion” to which she would eventually attribute her murders made her a notably ungovernable slave-child for all these passing masters, or whether it was all just happenstance — that she was just a commodity that could be liquefied in a pinch.
Whatever the case, Andrew Carothers — the man who bought Chloe from Pollock — would be her last master.**
The hard-working Andrew Carothers and his wife, Mary, had a little log cabin in Cumberland County, home to six children. Chloe was their first slave, to relieve Mary of her household labors while Andrew cleared a plot of forested land nearby, and the tone of Chloe’s last confession — widely published at the time of her execution — clearly implies a going resentment for Mary. Chloe will have just turned 18 years old when she commits her capital crimes; she’s grown out of childhood and through adolescence in this family, working as Mary’s constant domestic drudge and probably sleeping in the barn.
On January 24, 1801, the family realized that four-year-old Lucetta had gone missing. Andrew found her dead in the nearby creek where they drew water.
Since we’ve begun our story at the end we know the author of the deed in advance. Chloe would say that she had been given of late to “temptations” to do violence to her owners — sudden fancies that she would unthinkingly indulge. She had already tried and failed to murder the family’s youngest son, she said, and twice attempted to fire the barn.
On that fatal Saturday, Chloe had taken Lucetta to the creek when she needed to retrieve some water without, she said, intending any mischief. But the “temptation” came upon her there and she yielded to it readily, suffocating Lucetta and leaving her in the creek.
By returning nonchalantly and playing surprised that evening, Chloe evaded suspicion in this instance. It wouldn’t have been so implausible that an unattended little girl in a rural family might have fallen into a river and drowned, and a relieved Chloe “promised myself good days” without violent urges.
But, she said, Mary’s strict discipline soon undid those better angels. After Lucetta was buried on Sunday the 25th, Mary “made me strip off my short-gown, and gave me a severe whipping, with a cowskin; also on Tuesday she gave me another, and on the following Saturday she gave me a third.” For one who had so lately experienced the cruel pleasure of visiting lethal violence upon her tormenter’s own flesh and blood, this treatment was too much to bear. That weekend she lured another daughter, six-year-old Polly, to the creek and did her the same way.
Chloe was reported to have forsworn “any spite or malice against” her victims — “on the contrary, I loved them both.”
But, she said, she murdered them because their tattling on her misbehaviors set her up for Mary’s corrective hidings (“far beyond the demerit of the fault”); and, “the second and greatest motive … to bring all the misery I possibly could upon the family, and particularly upon my mistress.”
If suspicion had escaped Mary the first time around, it now insisted upon itself.
Mary’s account of matters also hit the papers; she said that on the Monday following Polly’s death she accused Chloe of the horrible crime. “She [Chloe] said she did not do it, had no hand in it, and full denied it till Monday was a week.” That must have been an excruciating week, doing the wash and preparing dinner with the sullen teenager who you’re also convinced is picking off your family and torturing to that effect. “I was much whipped by my master, to extort a confession,” Chloe recalled. At last the Carothers’ pressure overwhelmed their slave.
I said [to Chloe] it was not worth while to deny it, her countenance would condemn her, it was plain she had a hand in it — it was plain, for the children would have crawled on their hands and feet out of the run if somebody had not held them in … she might as well tell as not — I could not bear the sight of her about the house; I was sure she had done it.
Chloe eventually consented to confess not to Mary Carothers but to a neighbor, Mrs. Clendinen, who had a lighter personal touch and not so much acrimonious history with Chloe. Even so it was still another two weeks before they escorted Chloe to the sheriff. The spiritual instruction that her many owners had never bothered with in her life now became available to her as she approached death — obviously all-inclusive with ghostwriting services as well.
Oh! what have I done? In revenging the injuries I suffered, I have drawn the fierce indignation of heaven upon myself. The voice of the blood of two innocent children crieth against me from the ground. Is my sin too great, for the mercy of God to pardon? Is my stain too deep for the blood of Jesus to wash away? I am full encouraged to trust that, loud as the blood of these innocents cries for vengeannce, the blood of Jesus cries louder still for mercy and pardon and I trust that his unbounded goodness will not suffer me to perish.
The original source of both Chloe’s and Mary Carothers’s accounts are separate 1801 articles in Kline’s Carlisle Weekly Gazette: July 22 (Chloe) and June 24 (Mary). Both were subsequently reprinted by other newspapers around the young country.
* This law inconvenienced the political elites of the early Republic, since it also prohibited importing new slaves — even for the Southern congressmen who came to Philadelphia while that city served as the U.S. capital during the 1790s. George Washington, famous for crossing the Delaware, had to run his black slaves over that river to New Jersey periodically while he was president, lest they become automatically liberated by residing continuously in Pennsylvania for six-plus months.
That said, the Gradual Abolition framework did sustain a market in human chattel inasmuch as somebody’s compulsory labor unto age 28 was still a value that could be calculated and sold. The way to import slaves to Pennsylvania was to bring them in under the same transit auspices that Washington used, legally manumit them there into “indentured servitude” pending their 28th birthday, and then sell the indenture contract.
On this date in 1646, a black slave named Jan Creoli was executed in Manhattan, part of what was then called New Netherland and is now New York.
Creoli had been caught having carnal knowledge of a ten-year-old boy, another slave named Manuel Congo. Several of his own fellow Africans turned him in to the authorities. When Manuel Congo was brought face-to-face with Creoli, the boy “without being threatened in any way confessed to the deed in the presence of the prisoner.”
The statement that a ten-year-old child who had been raped might “confess to the deed” seems startling to modern eyes, but it is highly significant for understanding Dutch authorities’ actions. As far as New Netherland’s officials were concerned, Manuel Congo was not just a victim but also a participant in the crime of sodomy despite his age and the fact that he had been raped. Dutch officials in New Netherland and in the United Provinces regarded sodomy as one of the worst social crimes possible, every bit as serious as murder.
Confronted with his victim’s testimony, Creoli admitted his guilt and shamefacedly added that he’d also committed sodomy while in the Dutch Caribbean colony of Curacao.
He was accordingly executed: tied to stake, garrotted, and his body burned to ashes. Little Manuel got off lightly: he was only whipped.
American poet Jill McDonough wrote this moving sonnet to the Irish servant Margaret Gaulacher (sometimes also called Margaret Callahan), who was hanged on this date in 1715 for the infanticide of her (ill-)concealed newborn.
The news that week includes a lyonefs
displayed, attacking Fowls and Catts. They watched
her feeding time, remarked on her mercilefs
cruelty. Meanwhile, Cotton Mather preached
against Hard-hearted Sinners, and Hardnefs of Heart.
He helped with her confession, which reflects
on attempts to destroy her unborn child, a part
of her Wicked crime, completed through Neglect.
Now hers is a Stony Heart, of Flint. Ah! Poor
Margaret, behold: the congregation calls
on your wondrous Industry, Agony, your death four
days off. Pray for a Clean, and a Soft Heart; don’t fall
from this fresh gallows to the Mouths of Dragons,
unconcerned, adamant, so little broken.
I believe the poet here may be getting “June 4″ here from the Espy file of historical U.S. executions. Unfortunately that date is not correct; it’s unequivocal in primary colonial news accounts that this hanging occurred on Thursday, June 9.*
But McDonough is spot on about the Cotton Mather vs. Hard-hearted Sinners theme of the execution. That vigorous gallows evangelist favored — he surely thought it was “favored” — the poor condemned wretch with every exertion private and public of his considerable rhetorical powers to save her soul ere she swung.
Gaulacher never quite submitted in the way Mather thought a proper condemned woman ought.
The illiterate woman signed off on an obviously Mather-written statement admitting the justice of her sentence and warning (as was standard scaffold fare) any hearers against her iniquities: “Swearing and Cursing … Profanations of His Holy Sabbaths … Rebellion against my Parents … the Sins of Unchastity.” But this pro forma gesture was the end of it; she obdurately refused to make a public show of Mather-friendly contrition and continued to show in private an unbecoming bitterness at her execution — in Mather’s eyes, clear evidence that she had not made a proper peace with her maker.
We have no access to the hanged woman’s inner life save via an interlocutor who obviously wasn’t on her same wavelength. Maybe she loved her unchaste carnal life too much to part with it in resignation. Likely, though she kept her Catholicism hidden from Mather, she didn’t feel right at home with the stridently Protestant settlement’s rituals and its congregationalist conversion milieu. Like them or not, however, she had to endure them: within a month of Margaret Gaulacher’s hanging, a book of two lengthy Cotton Mather sermons delivered to her in the presence of the entire congregation of Boston’s Second Church was being advertised for sale.
The text below consists of extracts from those two sermons — the parts where Rev. Mather gets personal and directly addresses his charge — surmounted by the explanatory introduction. Mather’s deep conviction that Gaulacher’s soul is in dreadful peril leaps from the page; so too does the silent prisoner’s rejection. The full publication can be perused in pdf form.
What gave Occasion to the Sermons here Exhibited, was an Amazing Instance of what the poor Chidlren of Men abandoned unto Ignorance and Wickedness may be left unto! A prodigious Instance of that Hardness of Heart, which especially the Sins of Unchastity, accompanied with Delays of Repentance, do lead unto.
Margaret Gaulacher, an Irish Woman, arrived the last Winter from Cork in Ireland, a Servant, that soon found a Place in a Family where she would not have wanted Opportunities and Encouragements for the Service of GOD.
She had been by her part in a Theft brought into Trouble in Ireland; and after her Transportation hither, it was not long before she was found in Thievish Practices.
Ere she had been long here, it was begun to be suspected, that she was with Child, by a Fornication; But she so Obstinately all along denied it, that at last she must feel the Effects of her Obstinacy.
She was delivered of her Illegitimate, when she was all alone; and she hid the Killed Infant out of the way; which was within a little while discovered.
Of her Behaviour in the Time of her Imprisonment, and of the Means used for her Good, there is an Account given in our Sermons.
The Woman was of a very Violent Spirit; and the Transports and Furies thereof, sometimes were with such Violence, as carried in them, one would have thought, an uncommon Degree of Satanic Energie.
By’nd by, she would bewail her Passions, and promise to indulge herself no more in such Passionate Outrages. One who owns himself to be a Roman-Catholick, affirms to me, that she privately Declared herself unto him, to be in her Heart, of his Religion; But she never would own any thing of that unto the Ministers who visited her with the Means of her Salvation.
A Gracious and Worthy Servant of God, Mr. Thomas Craighead, (a Faithful and Painful Minister of the Gospel, who came from Ireland, much about the same time that she did) having Instructed her, and used many Charitable Endeavours for her Good, was desired by her to be near her at her Execution; who accordingly Pray’d with her there, and continued his Instructions unto the Last.
She said little, but reff’d herself to the Paper which had been read Publickly in the Congregation just before.
And yet she Frowardly let fall one Word, which did not seem very consistent with it; For which fretful Strain of Impatience, being rebuked, she added, Then the Lord be Merciful unto me! and spoke no more.
All that remains for us to do, is to leave her in the Hands of a Sovereign GOD, whose Judgment, and not ours, has the Disposal of her; and make the best Improvement we can of such a Tragical Spectacle; for which the ensuing Sermons are some Essays.
But, I ought now if I can, to Refresh my Readers, with something that shall be more Agreeable, more Comfortable; have less to Trouble them; something that may be the Reverse of so shocking a Spectacle, as has here given Troublesome Idea’s unto them.
Of this we have a very Tragical Instance now before our Eyes. One who by hardening her Heart has brought herself into wonderful Mischief; and continues to harden her Heart, after the wondrous Mischief has come upon her like a Whirlwind from the Lord.
Ah, poor Creature; Thou hast been Guilty of many Sins, and Heinous ones. But, Oh! Don’t add this to all the rest, this Comprehensive one, this Atrocious one; To harden thy Heart after all, and so to bind all fast upon thy Soul forever.
God has done a dreadful Thing upon thee, in leaving thee to a Crime for which thou art now as one Wicked overmuch, to Dye before thy Time, and e’re twenty five Years have rolled over thee, the Sword of Justice with an untimely Stroak must cut thee off. But it will be a much more dreadful Thing, if thou art left after all unto an hard Heart, that will not Repent of thy Abominations, and of thy Bloodguiltiness.
f thou hadst not hardened thy own Heart exceedingly, Oh! what Things would be seen upon thee; other Things than are yet seen upon thee! Verily, A soft Heart would Mourn and Weep and Bleed, for a Life sweell’d away in Sin against the Glorious GOD. A soft Heart would soon Drown thee in Tears, from the View of the doleful Things thy Sin has brought upon thee. A soft Heart would make thee own the Justice of God and Man in what is now done unto thee; and would Silence thy Froward and Fretful and Furious Gnashing upon such as thou has no Cause to treat with so much transported Fury.
It breaks the Hearts of the Good People in the Place, to see thy Deplorable State: They are concerned, when they see thy Lamentable State: But above all, to see, that thou art thyself no more concerned for it; no more affected with it; so little Broken in Heart. And shall not thy own Heart at length be Broken, when thy own State comes into thy Consideration?
One once could say, God makes my Heart Soft, and the Almighty Troubles me. And will it not make thy Heart Soft, when thou thinkest on the amazing Trouble, which thou shalt feel from the Wrath of the Almighty GOD, if thou Dye in thy Sins? Verily, All the Sorrows thou seest here, are but the Beginning of Sorrows, if thou art not by a broken Heart prepared for the Salvation of God.
But then, What an Heart-breaking Thought is this? Margaret, There is yet Mercy for thee, if thou wilt not by an hard Heart refuse the Mercy; The Mercy, thro’ which Rahab the Harlot perished not; The Mercy, thro’ which Mary Magdalene had her many Sins forgiven her; This Mercy is ready to do Wonders for thee. A Merciful Saviour Invites thee; O come unto me, and I will do Wonders for thee.
Come and fall down before Him, and beg the Blessings of a soft Heart at His Gracious Hands. I know not of any Advice that can be so Proper, or so Needful for thee, as this; No Prayer of so much Importance to be made by thee as this.
The Ignorance which lays Chains of Darkness upon thee, is a sore Encumbrance on thy Essays for turning to God. Yet thou art not so Ignorant, but thou canst make this Petition to thy SAVIOUR. Lord, soften this hard Heart of mine! And, Lord, Bestow a New, and a Clean, and a Soft Heart upon me! And, God be Merciful to me a sinner; yea, an Hard-hearted Sinner!
Now, May the Gracious Lord accordingly look down upon thee.
of those who are sure of having the Arrest of Death presently served upon them, there is none that has a more affecting Assurance of it, than a poor Daughter of Death, who is this Afternoon to have her Soul Required of her. Ah! poor Creature! Dost not thou fear God, seeing thou art under a Condemnation, to a Tragical Death which is to be this Afternoon executed on thee; and within three or four Hours, thy Soul will be Required of thee; within three or four Hours thy Soul must make its Appearance before a Terrible GOD! Oh! What, what will be the Condition of that Perishing Soul, if no Fear of God be found in it, when it Appears before him? —
There is indeed a vast Abundance even to a Profusion, of Instructions, bestow’d more Privately on such Malefactors as Dye among us: No Place upon Earth does equal this Place for that Exercise of Charity. And this poor Creature has had a very particular Share thereof: Not only have the Ministers of the Gospel done their Part, in Visiting of her, but also many Private Christians have done theirs, in a most Exemplary manner. As of old in Jersualem it was the Usage of the Ladies, to Prepare for the Dying Malefactors, that Potion which was called, The Wine of the Condemned, so the Young Gentlewomen here in their Turns, have Charitably gone to the Prison every Day for diverse Weeks together, and because of her not being able to Read, have spent the Afternoons in Reading Portions of the Scriptures, and other Books of Piety, to this Condemned Woman, and giving their Excellent Councils unto her. Nevertheless, we chuse in a more Publick way also to direct a few Words of our Sermons, unto such Persons, when we have them among our Hearers; Because, the Preaching of the Gospel, is the Grand Ordinance of our Saviour, for the Conversion of a Sinner from the Error of his way; an we would wait upon our Glorious LORD, in that way which he has Ordained, hoping, still hoping, to see a Soul saved from Death!
Wherefore once more, O miserable Woman, entering into an Eternity to be trembled at; Once more, thou shalt hear the Joyful Sound of the Gospel, inviting thee to the Fear of God, and the Faith of thy only Saviour. And if there be not in this Last Essay, a more saving Impression from the Glorious Gospel of the Blessed God made upon thee, than thou hast yet felt from any former ones, — Oh! the dreadful, dreadful Consequences! What will become of thee! — Can thy Hands be Strong, or can thy Heart endure, in the View of what a Terrible GOD will order for thee? — Behold, Ah! poor Margaret, Behold a mighty Congregation of People, with Hearts Bleeding for thee, and Wishing and Praying and Longing to see the fear of God making some Discoveries in thee. And shall thy Heart still remain unaffected with thy own Condition; discovering still a total Estrangement from the fear of God! No Tears are enough, Tears of Blood were not enough, to be employ’d on so prodigious a Spectacle!
I am sorry, I am sorry, that I find myself obliged so much to speak it. Even since thou hast been under Condemnation, thou hast not feared God. Not many Hours are passed, since I saw in thee, so much Rage, and so Unrighteously harboured, and so Indecently Vomited, against some Vertuous Children of God, that it was too Evident, this fear of God had not yet begun to soften thee.
But if the fear of God enter not into thy Soul, before thy Soul be driven out of thy Body, which will be now, — alas, before many Minutes more be expired, thy Desolate, Forsaken, Miserable Soul, can have no part in the Kingdom of God. My Soul cannot be safe, if I forbear to tell thee so!
Ah, poor Creature, Art thou wiling to Dye unreconciled unto the God, whom thou hast Affronted with infinite Provocations? To Dye, and all into the Mouths of Dragons, who have so long poisoned thee, and enslaved thee? To Dye and be cast into the Eternal Burnings, from whence the Smoak of the Torment will ascend forever and ever? What? Shall all the Means of Good, which in a Religious Place have been used for thee, with hopes that they might find out one of the Elect of God, serve only to aggravate thy Eternal Condemnation at the last? Oh! Dreadful Consideration!
But, Oh! Be Astonished at it! There is yet a Door of Hope set open for thee; It will for one Hour it may be, stand open yet! Oh! Be full of Astonishment at such an Heart-melting Declaration, as is now to be made unto thee. A Compassionate SAVIOUR, is yet willing, to Cleanse thy Soul with His Blood, from the Sins, which by casting off the fear of God thou hast fallen into; yet willing to create in thee a Clean Heart that shall be filled with the fear of God, if he be sought unto; yet calling to thee, O look unto me and be Saved! And yet affording unto thee that Encouragement, in Joh. VI. 37. He that cometh unto me, I will in no wise cast out.
And, Oh! What wilt thou now do under these Astonishing Invitations? Wilt thou not improve these few Minutes with a most wondrous Industry and Agony? Do so, and be no longer such an Hard-hearted Prodigy! Fall down before thy SAVIOUR, and cry out; O my Saviour, Take pitty on my Soul, and now at the Last, let Sovereign Grace break forth, with a good Work of thy fear in my Soul! Cry out, O my Saviour, Let my Sin be all pardoned, and let all Sin be as Abominable unto me, as it is unto all that fear thy Name! Let thy Outcries pierce the very Heavens.
But, be it known unto thee, If the fear of God be in thee, it will be a thing more Bitter than Death unto thee, that thou hast Sinned against His Glorious Majesty; Thy Malice against every Neighbour will be extinguished; Thou wilt submit with Patience, to the Punishment of thy Iniquity; And thou wilt be an Holy, Humble, Thankful Soul, and quite another Creature! — God of His Infinite Mercy make thee so!
* n.b. — a Julian calendar date, as were all British colonies until England herself transitioned to the Gregorian calendar in 1752.
The New York-born couple Marcus and Narcissa Whitman* were two of the most notable figures among the hundreds, and then thousands, of settlers pouring into the territory every year. In 1836, they founded on the banks of the Walla Walla River a Christian mission to the nomadic Cayuse who roamed the territory. It’s in present-day Washington State, which was then part (with the current U.S. states of Oregon and Idaho) of a single frontier territory collectively known as Oregon.
The Whitmans’ early settlement, offering medicine, education, and (of course) proselytizing, proved a success at first; it would become for several years a waypoint on the developing Oregon Trail.
White diseases came with the settlers.
The Cayuse people had already dwindled (pdf) to just a thousand or two after the decimations of smallpox and other plagues swept the region in the decades preceding. Now, outbreaks of measles were ravaging those remaining.
Marcus Whitman, a doctor as well as a spiritualist, proved unable to check the new epidemic. Rumors went abroad that the missionaries were bewitching or poisoning the Cayuse, as the vanguard of a coming territorial conquest; the Whitmans themselves were very keen to the hostile feeling the situation had engendered and had even heard whispers that they were the targets of assassination plots. Bravely, they stayed.
“Perhaps God thought it for the best that your little child should be called away,” Narcissa Whitman said in strange consolation to the grieving mother of an Anglo child who also succumbed to measles in 1847. “It may calm the Indians to see a white child taken as well as so many natives, for otherwise we may all be compelled to leave within two weeks.” (pdf source, op. cit.; this document also reconstructs a detailed narrative of the unfolding tragedy)
But that remark was only days before the terrible November 29, 1847. On that cold autumn Monday, a small party of Cayuse led by a chief named Tiloukaikt fell on the mission and slaughtered both Whitmans plus another 11** inhabitants of the little compound.
Some 54 surviving women and children were taken hostage, and several of these died in custody as well. A Canadian official of the Hudson’s Bay Company hurried to ransom the captives at the price of 62 blankets, 63 cotton shirts, 12 muskets, 600 loads of ammunition, 37 pounds of tobacco, and a dozen flints.†
This quick response might have forestalled a worse tragedy for the missionaries — but as far as the Cayuse went, the die was already cast. A volunteer militia of Oregonians under Cornelius Gilliam soon mobilized to retaliate, driving many Cayuse into the Blue Mountains.
By mid-1848, spurred in part by the Whitman bloodbath, Congress officially incorporated the region as the Oregon Territory; arriving early in 1849, the new territorial governor Joseph Lane immediately opened negotiations with the Cayuse to hand over the perpetrators of the massacre. With federal troops arriving later in 1849, the Cayuse at last capitulated and gave up five warriors: Tiloukaikt, the leader; Tomahas; Kiamasumpkin; Iaiachalakis; and Klokomas. (There are numerous alternative transliterations of these names.)
They were tried in Oregon City, the territorial capital at the time — a town of 500 or so on the Willamette River Falls — in a landmark case: the first proper death penalty trial in the young territory.‡ This would fall a little short of modern standards, and not just because it was held in a tavern for want of a regular courthouse. The prosecution was not especially rigorous linking all the defendants to specific violent acts, but the defense’s recourse to Cayuse cultural practices that held shamans liable for the failure of their medicine conceded the point by implication. The judge‘s final instructions simply directed his jury to “infer” the defendants’ culpability by virtue of “the surrender of the Defendants by the Cayuse nation as the murderers, the nation knowing best who those murderers were.” So why even have the trial? Kiamasumpkin, against whom no evidence was ever individually presented, went to the gallows insisting that he didn’t even arrive to the Whitman Mission until the day after the massacre.
All five were condemned in the end, and executed by prominent early pioneer and lawman Joe Meek.§ “On the 3d of June an election and a hanging match took place at Oregon City,” ran the Aug. 22, 1850 story in the New York Tribune — for the Whitman massacre had been a matter of national interest. “The town was full of men and women, the former coming to see how the election resulted, and the latter to see how the Indians were hung.”
“Their tribe, the Cayuses, gave them up to keep peace with the whites. Much doubt was felt as to the policy of hanging them, but the popularity of doing so was undeniable.”
Fears that the quintuple hanging would stoke a running conflict with the Cayuse were not altogether misplaced, but over the subsequent years the dwindling tribe was simply dwarfed by over 30,000 newly arriving settlers lured by a congressional grant of free land. By 1855, the defeated Cayuse were forced onto the small Umatilla Reservation, ceding (along with the Umatillas and the Walla Wallas) 6.4 million acres to whites. The Cayuse tongue was extinct by the end of the century.
** Figures of both 13 and 14 (inclusive of the Whitmans) are cited in various places for the Whitman Massacre’s body count; the discrepancy turns on whether one’s tally includes as a casualty Peter Hall, who escaped from the mission, fled to Fort Walla Walla, and then made a panicky attempt to reach The Dalles. Hall disappeared into the wilderness, and was never heard from again.
† Ransom covered gratis by the Hudson’s Bay Company.
‡ The Espy file‘s index of U.S. executions lists only a couple of undated executions many years before under informal frontier justice.
On this date in 2000, Robert Earl Carter was executed in Texas for slaughtering six people at the home of his Somerville ex, after the latter filed a child support suit against him.
The ex herself, Lisa Davis, wasn’t home at the time. But Carter’s stabbing-and-shooting rampage slew Davis’s mother Bobbie, Bobbie’s 16-year-old daughter Nicole, Robert and Lisa’s son Jason (the subject of the support suit), and three other small children that shared the residence. After murdering them, Carter set the house on fire: the burns he suffered to his own face and arms in the process helped connect him to the crime.
Pressed by interrogators, Carter at first admitted only that he was present with someone else who carried out the murders. Over time, he broke down and admitted to the slayings himself.
But Carter’s supposed other party also became a character fixed in the story that investigators were looking to tell — and that party’s identity became fixed on a casual acquaintance whom Carter eventually accused: Anthony Graves.
There was no forensic against Graves, but Carter provided damning testimony implicating him at Graves’s 1994 trial. On that occasion, Carter claimed to have shot the teenage daughter Nicole, while Graves committed the rest of the murders, testimony that sent Anthony Graves to death row as well. (Graves’s brother Arthur Curry testified that Graves had been at home sleeping.)
But Carter changed his story again after both men were convicted.
As he prepared for his execution, Carter was keen to clear Anthony Graves before he left this mortal coil. Weeks earlier, he provided a sworn 85-page statement insisting that “Anthony Graves did not have any part in the murders and was not present before, during or after I committed the multiple murders at the Davis home.”
Even in his last statement on this date, Carter went out of his way to exonerate his supposed accomplice. “I’m sorry for all the pain I’ve caused your family,” Carter said from the gurney in his last moments, addressing the execution witnesses from his victims’ family. “It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court.”
Anthony Graves had been on death row for six years at this point. With Carter’s retraction it had become discomfitingly apparent that there was practically nothing to associate him with that horrific night in Somerville … butit would still be another decade more before he was officially exonerated and released.
After an appeals court ordered a new trial, a different prosecutor’s investigation of the case turned up just how scanty the case against him was.
“After months of investigation and talking to every witness who’s ever been involved in this case, and people who’ve never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder,” announced former Harris County prosecutor Kelly Siegler in a statement officially exonerating Graves. “This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case any more. He is an innocent man.” Siegler had been hired as a special prosecutor, and would have been the one to re-try Anthony Graves.
Today, Anthony Graves — you can find him on twitter at @AnthonyCGraves — is an activist and motivational speaker. He’s been outspoken especially on the torture inflicted by long-term solitary confinement, which he also endured during his years in prison. There’s a
America’s national debate over abolishing slavery in the decades leading up to the Civil War is well-known. Not as well remembered is a different group of “abolitionists” — for death penalty foes, too, took this name,* and mounted a vigorous challenge against capital punishment, too.
In the main, they did not attain their ultimate objective, although Michigan in 1847 did become the world’s first Anglo polity to abolish executions.** But their contemporary-sounding arguments against the morality and efficacy of capital punishment did help drive important reforms, especially in the Northeast: narrowing the scope of the death penalty towards murder alone, and removing the spectacle of public hangings to the privacy of prison walls. Anti-death penalty scholar Hugo Bedau terms this the “first abolitionist era.”
Alexis de Tocqueville’s American travels began in 1831 with a brief from the French government to investigate the prison system; in the classic Democracy in America that ensued, Tocqueville characterized Americans as “extremely open to compassion.”
In no country is criminal justice administered with more mildness than in the United States. Whilst the English seem disposed carefully to retain the bloody traces of the dark ages in their penal legislation, the Americans have almost expunged capital punishment from their codes. North America is, I think, the only one country upon earth in which the life of no one citizen has been taken for a political offence in the course of the last fifty years.
In Massachusetts, executions nearly ground to a halt … but they never quite got banned de jure. A committee headed by the very liberal legislator Robert Rantoul, who had cut his teeth as a young barrister defending an accused murderer in a death penalty trial, produced for Gov. Edward Everett a strong recommendation to take the death penalty off the books. The votes in the legislature never quite got there, but Gov. Everett would have signed it:
A grave question has been started, wheter it would be safe to abolish altogether the punishment of Death. An increasing tenderness for human life is one of the most decided characteristics of the civilization of the day, and should in every proper way be cherished. Whether it can, with safety to the community, be carried so far, as t permit the punishment of death to be entirely dispensed with, is a question not yet decided by philanthropists and legislators. It may deserve your consideration, whether this interestion question cannot be brought to the test of the sure teacher, — experience. An experiment, instituted and pursued for a sufficient length of time, might settle it on the side of mercy. Such a decision would be matter of cordial congratulation. Should a contrary result ensue, it would probably reconcile the public mind to the continued infliction of capital punishment, as a necessary evil.
Rantoul (and Edwards) had to settle for an 1839 law removing burglary and highway robbery from the ranks of potential capital crimes.
In practice, Massachusetts had not hanged anyone for mere theft in a number of years and by the late 1830s and throughout the 1840s scarcely hanged anyone at all.†
That tenderness of human life would meet what proved a decisive test with Washington Goode‘s execution on May 25, 1849 for the murder of a fellow sailor over a romantic rivalry.
While philanthropists and legislators debated the merits of the rope in those years, Goode grew up at sea. There was a woman he called on when he made port in Boston, one Mary Ann Williams — married to someone else but kept by no man, Washington Goode included.
In 1848, Goode discovered in his lover’s boudoir a handkerchief given her by another seaman and soon enough started stewing over it. According to the circumstantial case that Goode’s jury ultimately accepted, he went out the next night, packing a wicked sheath knife and openly boasting to drinking buddies of his imminent revenge upon that Thomas Harding.
Later that night, the two rivals (plus Williams) all managed to run into each other in the same joint. Goode and Harding crossed words, then left that place one after another. Half an hour later, Harding had a sheath knife between his ribs. Nobody had actually seen it happened, but the identity of the murderer appeared self-evident.
However plausible the argument for Goode’s guilt and execution in the narrow case at hand, it could not help but be complicated by the execution-free years that had preceded him. Was this the most atrocious crime in Massachusetts of the 1840s? In 1845, a burgher named Albert Terrill had cut the throat of a prostitute on Beacon Hill, and set fire to her room; he had been spared execution.‡
Boston’s death penalty abolitionists mounted a furious clemency campaign, and again the arguments strike a familiar tone for present-day readers: the fallibility of the justice system (Goode maintained his innocence all the way to the gallows); the prospect that, were Goode indeed guilty, alcohol and passion had clouded his mind; and the manifest disproportionality between the extreme penalty that just so happened to be handed down to a poor black workingman when more atrocious crimes by better-connected Bostonians had lately merited far more lenient treatment. Thousands subscribed to petition, like this one, demanding mercy. Henry David Thoreau and Ralph Waldo Emerson
But the Commonwealth was not moved. Despairing, Goode slashed his veins during the night preceding the hanging in a vain bid for suicide. He would be hanged that day — after a physician stanched the bleeding and patched him so that Goode could die properly — seated in a chair. The fall broke his neck, and purpled some prose into the bargain.
The scene is past. A more fearful tragedy has never been enacted in our city. A more disgraceful scene never occured in any country. A stain has been made upon Massachusetts that ages can never wash away.
Ostensibly “private”, the jailyard hanging was readily visible from surrounding windows and rooftops in the neighborhood. Some shops in the vicinity even shut up their doors in protest, and hung up placards to make sure those arriving for a rented overlooking window knew it.
But the first abolitionist era was even now giving way to the rising section tension about to tear the country apart. Even people who cared deeply about the death penalty usually cared moreso about slavery … and the stain of Washington Goode’s hanging would be blotted out by the far bloodier years to come.
** Wisconsin and Rhode Island both followed Michigan’s lead. None of those three states has conducted an execution since the mid-19th century, although Rhode Island did put never-used death penalty statutes back on its books for most of the 20th century.
† According to the Espy file‘s survey of historical U.S. executions.
‡ Terrill was acquitted by his jury in two separate death penalty trials — one for the murder, one for the arson. The verdicts were commonly believed to be acts of nullification by juries unwilling to sully their consciences with a death sentence. (Terrill’s barristers resorted to the embarrassing somnabulism defense.) “We infer that no person will hereafter be convicted of murder in the courts of Massachusetts,” the Boston Courier editorialized. “There is prevalent in society such a feeling of horror [about capital punishment] … jurors will not hesitate to acquite.” But after Terrill, backlash against the verdicts inverted the horror — since it now appeared that the tender scruples of jurymen proposed to hand villains carte blanche.