Posts filed under 'Terrorists'

1885: August Reinsdorf and Emil Kuchler, Kaiser Wilhelm I bombers

Add comment February 7th, 2018 Headsman

On this date in 1885, anarchists August Reinsdorf and Emil Küchler were guillotined for a failed attempt on the life of Kaiser Wilhelm I.

The King of Prussia turned Emperor of the newborn (in 1871) Deutsches Reich, Wilhelm was honored by assassins equal in enthusiasm to his distinctive whiskers.* The versions distinguished by this post had the cheek to contemplate exploding the Kartätschenprinz** just as he ceremonially inaugurated an important national monument.


The Niederwalddenkmal still stands to this day. (cc) image from Philipp35466

The day was wet, and the dynamite fizzled. Everybody departed none the wiser but police spies later caught wind of the attempt, apparently when the would-be bombers Emil Küchler and Franz Reinhold Rupsch asked reimbursement from leftist typesetter August Reinsdorf, the plot’s mastermind.

Eight were eventually rounded up, secretly at first but later publicized to the prejudice of leftist parties.

Reinsdorf, Küchler and Rupsch all received death sentences; Rupsch’s was commuted in consideration of his youth.

The workers build palaces and live in miserable huts; they produce everything and maintain the whole machinery of state, and yet nothing is done for them; they produce all industrial products, and yet they have little and bad to eat; they are always a despised, raw and superstitious mass of servile minds. Everything the state does tends toward perpetuating these conditions forever. The upper ten thousand rest on the shoulders of the great mass. Is this really going to last? Is not a change our duty? Shall we keep our hands in our laps forever?

-Reinsdorf at trial

* We have in these pages already met one such predecessor who went under the fallbeil in 1878; the zeal of such men had given the Reich pretext to ban the Social Democrats.

** “Prince of Grapeshot”, a bygone nickname that paid derisive tribute to Wilhelm’s mailed fist in the Revolutions of 1848.

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Entry Filed under: 19th Century,Assassins,Attempted Murder,Beheaded,Capital Punishment,Death Penalty,Execution,Germany,Guillotine,History,Notable for their Victims,Power,Revolutionaries,Terrorists

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2017: Fifteen Sinai Islamic militants

Add comment December 26th, 2017 Headsman

Egypt today hanged 15 Islamic militants convicted of a 2013 attack on an army checkpoint that killed nine.

Hanged in simultaneous mass executions at Borj al-Arab and Wadi al-Natroun prisons, the accused ISIS/ISIL fighters might have been selected to ornament Cairo’s public present-day crackdown on the Islamist movement and the restive Sinai, on the heels of a Bir al-Abed mosque attack last month that claimed more than 300 lives.

An attorney representing the hanged men claims that the execution was irregularly expedited a mere six days after the death warrants were approved, instead of the mandatory 15; if true, according to a statement today by the British human rights organization Reprieve, that would not far differ from the process that landed them in the executioner’s path to begin with.

These death sentences and executions are a flagrant breach of international law. Trials in Egypt routinely fail to meet basic fair trial standards, and this is especially so in mass trials and military tribunals — as in this case. Egypt has executed at least 55 people and sentenced thousands to death since Sisi took power — a massive increase on pre-2014 figures.

The international community, particularly Egypt’s allies, must condemn these killings. The European Commission and member states must urgently review their assistance to Egypt’s judiciary, which is responsible for these atrocities.

These executions also appear to break a yearlong lull in executions in Egypt; a Cornell University project had Egypt credited with only a single previous execution in 2017 after hanging 44 in 2016.

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Entry Filed under: 21st Century,Capital Punishment,Death Penalty,Egypt,Execution,Hanged,Mass Executions,Murder,Ripped from the Headlines,Terrorists

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2013: Joseph Paul Franklin, Larry Flynt’s would-be assassin

Add comment November 20th, 2017 Headsman

On this date in 2013, hoping “for people to think of me as a person who is filled with a lot of love for people, not filled with hate for people,” Joseph Paul Franklin was executed by lethal injection in Missouri for a three-year racist killing spree.

Born James Clayton Vaughn, Jr., before he renamed himself into a portmanteau of Paul Joseph Goebbels and Benjamin Franklin, our killer suffered by his own account a childhood warped by the disinterest of his mother and the physical violence of a usually-absentee father. He took up an interest in evangelical Christianity and white nationalism, and in 1977 began crisscrossing the country committing racially motivated attacks against Jews and African Americans.

He would later say that his intent was to trigger a race war. (Franklin renounced racism in prison.)

Victims a href=”http://murderpedia.org/male.F/f/franklin-joseph.htm”>fit many descriptions to enrage a white supremacist: mixed-race couples ambushed from sniper positions, two black youths walking home, a black fast food manager, a Jewish parishioner waiting for worship outside a synagogue, even two white girls he picked up hitchhiking who said something about a black boyfriend.

He wasn’t tried for all these murders and his own accounts of his career shifted over time; he’s estimated to have taken at least 18 lives in various near-random shootings in 11 different states. If Franklin himself knew the exact count, he took it to the grave.

“Do you know how many people you murdered?” he’s asked in this interview.

“I’d rather not mention it.”

“By my count, it’s 22 people.”

“That’s approximately it.”

Whatever the exact body count, Franklin is best known for two killings he didn’t quite manage to commit.

On May 29, 1980, he shot civil rights activist Vernon Jordan in Fort Wayne, Indiana. Jordan recovered, and President Jimmy Carter’s visit to Jordan’s bedside in hospital was the very first story covered on CNN’s debut broadcast on June 1, 1980.

Two years previous, incensed by Hustler magazine’s interracial spreads, Franklin had attempted to assassinate porn publisher Larry Flynt. Flynt was paralyzed from the waist down as a result: he’s been confined to a wheelchair ever since. Nevertheless, Flynt opposed Franklin’s execution. “I do not want to kill him, nor do I want to see him die,” Flynt wrote in the Hollywood Reporter a month before Franklin went to his death.

Franklin has been sentenced by the Missouri Supreme Court to death by legal injection on Nov. 20. I have every reason to be overjoyed with this decision, but I am not. I have had many years in this wheelchair to think about this very topic. As I see it, the sole motivating factor behind the death penalty is vengeance, not justice, and I firmly believe that a government that forbids killing among its citizens should not be in the business of killing people itself.

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Entry Filed under: 21st Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,History,Lethal Injection,Missouri,Murder,Notable for their Victims,Ripped from the Headlines,Serial Killers,Terrorists,USA

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1880: Alexander Kvyatkovsky and Andrei Presnyakov, Narodnaya Volya terrorists

Add comment November 16th, 2017 Headsman

On this date in 1880,* Russian revolutionaries Alexander Kvyatkovsky and Andrei Presnyakov were hanged at St. Petersburg’s Peter and Paul Fortress.


Kvyatkovsky (left) and Presnyakov.

Kvyatkovsky, 28, and Presnyakov, 24, had each spent the whole of their brief adulthoods agitating, police ever at their heels. As Russia’s “season of terror” opened in the late 1870s, both immediately cast their lot with the violent Narodnaya Volya movement. They were found by police at their respective arrests to have each had more than a passing interest in Narodnaya Volya’s ongoing project to assassinate Tsar Alexander II — an objective that it would indeed achieve a few months later.

Their fellow-traveler Mikhail Frolenko would remember the mass trial they featured at not for any glorious martyr-making but as a propaganda debacle for his movement.

The Trial of the Sixteen** in October 1880 was a model of judicial procedure — the government had learned, planned carefully and conducted the trial with absolute decorum. The sixteen accused included three of the most important figures in the Movement: Shiraev, who had been arrested in Moscow a year before with two suitcases of dynamite, Presnyakov and Kvyatkovsky. The last two were old friends of Andrei Zhelyabov. The evidence against the accused was provided by Grigory Goldenberg; the prosecution’s case was unanswerable. The sixteen were allowed to address the court and their speeches were reported. The prosecutors questioned them with a mix of deliberate courtesy and provocation: the sixteen were given enough rope to hang themselves. They followed no clear line and contradicted each other on endless details. They improvised counter-accusations, became mired in irrelevancies, and exploded in fits of petulance. They made a miserable impression, highlighted at every stage by the correctness of the proceedings. In its sentence the court was lenient, another propaganda victory: fourteen were sentenced to hard labor; two, Presnyakov and Kvyatkovsky, were sentenced to be hanged. We lost sixteen good people, which was bad enough. But worse was our irreparable loss of public esteem. One small sign of this was the fate of the word terror. Hitherto we had freely called ourselves terrorists; it had much the same ring as revolutionary. Terror was simply the first phase of the revolution. Overnight the word became a term of abuse and the exclusive property of the government. That alone might have told us we were following the wrong path. (Excerpted from Saturn’s Daughters: The Birth of Terrorism

Kvyatkovsky’s son, also named Alexander, was a Bolshevik close to Lenin in the early Soviet years.

* November 16 by the Gregorian calendar; it was still November 4 by the archaic Julian calendar still then in use in the Russian Empire.

** Not to be confused with at least two distinct Soviet-era mass trials also respectively designated the “Trial of the Sixteen”.

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Entry Filed under: 19th Century,Assassins,Attempted Murder,Capital Punishment,Death Penalty,Execution,Hanged,History,Murder,Power,Russia,Terrorists,Treason

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1963: Four CIA saboteurs in Cuba

Add comment November 12th, 2017 Headsman

Cuba executed thirteen people in the course of this week in 1963 as CIA agents. This date marked the middle group, as detailed in the Nov. 13, 1963 New York Times:

HAVANA, Nov. 12 (UPI) — Four more Cubans were executed by firing squads today as “agents” of the United States Central Intelligence Agency.

Five other Cuban [sic] accused as “CIA agents” were executed last Friday.

The victims today were identified as Antonio Cobelas Rodriguez, Orlando Sanchez Saraza, Juan M. Milian Rodriguez and Jose S. Bolanos Morales.

An official announcement said that they had been captured while trying to sneak ashore from an armed boat that sailed from Marathon, in the Florida Keys, on an undisclosed date.

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Entry Filed under: 20th Century,Capital Punishment,Cuba,Death Penalty,Execution,History,Shot,Terrorists

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1960: Tony Zarba, anti-Castro raider

Add comment October 13th, 2017 Headsman

On this date in 1960, American adventurer Anthony “Tony” Zarba was shot after his capture in an ill-fated raid on Fidel Castro’s Cuba.

The Somerville, Mass. native had been shaken like many U.S. citizens by the recent Cuban Revolution; antagonism toward Castro featured prominently in the tight Kennedy-Nixon presidential campaign that was nearing its climax during the events of this post, the backdrop for the world’s coming brush with nuclear apocalypse. Confrontation of some kind seemed a foregone conclusion, and in a tradition as old as filibustering, a private clique formed in the U.S. with the intention of hastening the day.

“Today I leave for the Cuban hills. I am going to fight against communism that has come so close to our American shores,” Zarba wrote a friend before launching in a PT boat from Miami with three other Americans, 22 Cuban exiles, and a stockpile of black market weapons that September of 1960.

All this could have been prevented by our government. Now the time has come when all this can be fixed only one way — fighting.

When my country is daily insulted and abused by the Commies of Cuba, I think that this is the opportunity I missed when I could not qualify physically as a U. S. soldier because of my asthma.

But where my generation is falling for its lack of political maturity and comprehension, I am going to do my duty regardless of any foolish considerations about legality, neutrality and other technicalities of which the diabolic Communist takes so much advantage …

I have confidence that God would give me the necessary strength and courage to die with honor and pride if this were necessary in the hills or in front of a Red firing squad.

I am sure many others will follow in my steps.

The intent of this operation was to rally anti-Castro disaffection believed to be burgeoning in Cuba and escape to the Sierra Maestra to build a guerrilla movement like Castro and Che had done in their own day.

But they were surprised by government soldiers shortly after their landing at Nibujon and shattered the foray right there on the beach, a preview of the more (in)famous Washington-backed Bay of Pigs disaster six months hence. Zabra was captured on the beach with a number of Cubans, still wet with sea salt from wading their ammunition ashore. Two other Americans, Allen Dale Thompson and Robert Fuller, escaped for the moment but would also be captured within days; they followed Zabra to the firing posts on Oct. 15. (Some others, including the fourth American, were aboard a fishing launch when the Cubans arrived and fled to open seas.)

Boats and guns don’t quite grow on trees even in Florida, so fiascos like this require moneymen to orchestrate the junction of enthusiasts and their Red firing squads. This particular operation was underwritten by former Communist turned Batista henchman Rolando Masferrer, a prominent mafioso whose 1960s pastime was extorting fellow Cuban exiles and plotting Castro’s assassination. (Castro put a price on Masferrer’s head in return.)

An associate of Santo Trafficante, Masferrer enjoys bit roles in some John F. Kennedy assassination theories. His underworld murder in 1975 has done nothing to abate them.

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Entry Filed under: 20th Century,Capital Punishment,Cuba,Death Penalty,Execution,Guerrillas,History,Power,Shot,Soldiers,Terrorists,USA

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1942: Tom Williams, IRA martyr

Add comment September 2nd, 2017 Headsman

Irish revolutionary Tom Williams was hanged at Belfast’s Crumlin Road Gaol on this date in 1942.

A plaque at 46 Bombay Street in Belfast marks the home Tom Williams shared with his grandmother.

The 19-year-old Belfast Catholic had been the chief of a six-man Irish Republican Army team that mounted an Easter Sunday attack intended to divert Northern Ireland’s Royal Ulster Constabulary from preventing Republican marches to commemorate the Easter Rising. The attack killed an RUC officer, and all six IRA men were arrested and sentenced to death.

As the acknowledged leader, Williams alone paid that forfeit; the five others all had their sentences commuted. (Notably, their number included 21-year-old Joe Cahill, who was destined for an illustrious career in the movement; he would go on to co-found the Provisional IRA in 1969, and to become a prominent exponent of the peace process in the 1990s.)

“Tom Williams walked to that scaffold without a tremor in his body. The only people who were shaking were us and the hangman,” his priest said later that day. “I’ve one other thing to say to you. Don’t pray for Tom Williams, pray to him, for at this moment Tom is a saint in heaven.”

That’s about the size of Williams’s place in the Republican memory. After the prison was closed, Williams was reburied with honors (Gerry Adams attended) in 2000. He’s commemorated in a ballad.

Tom Williams (Irish republican) from REBELS OF IRELAND on Vimeo.

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Entry Filed under: 20th Century,Capital Punishment,Death Penalty,England,Execution,Guerrillas,Hanged,History,Ireland,Martyrs,Murder,Occupation and Colonialism,Separatists,Soldiers,Terrorists

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1741: John Ury, schoolmaster

Add comment August 29th, 2017 Headsman

Colonial New York’s summer 1741 slave rebellion panic* drew to a close on this date with the execution of the alleged Catholic priest John Ury.

The supposed plot to fire the city, whose reality and extent have been questioned ever since, had seen some 30 souls to the gallows and stakes these past four months after a suspicious series of fires hit the city in the spring.

The original supposed spider at the center of the web of was a white innkeep called John Hughson, who kept a raucous tavern frequented by blacks — and also kept a serving-girl named Mary Burton, the “eyewitness” who would become the inquisitor-judge Daniel Horsmanden‘s faithful familiar throughout the trials, conjuring every new accusation required of the next plot twist.

But even as Hughson was executed in June, the compounding accusations of people in fear of their lives had driven the story past the confines of his humble tavern, all the way to the capitals of the European powers against whom England was fighting a New World naval war. Jill LePore in New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan characterizes four Venn-patterned seditions that investigators perceived over the course of these months:

  • Hughson’s Plot, centered on the publican and his establishment;
  • The Negro Plot, extending well beyond Hughson’s circle to compass perhaps the majority of black people in New York;
  • The Spanish Plot, a foreign plan — possibly coordinated with an internal slave rising — to destroy New York or seize her for Spain; and,
  • The Catholic Plot.

It was the last of these, perfectly calibrated for the Anglo id, that would gather all the other strands together. What hand could unite the threats within and without? The priest. Who moved conspiratorially among Englishmen while obeying the dictates of a foreign potentate? The priest. Who gave men the boldness to murder their masters through his promise of absolving worldly sin? The priest.

The confusing — the incoherent — unfolding of trials that summer became marvelously clarified once apprehended as a Catholic intrigue; maybe the only wonder was that this decisive reveal emerged so late. The prosecutor of the trial that concerns us in this post would say as much in his summation:

Though this work of darkness, in the contrivance of a horrible plot, to burn and destroy this city, has manifested itself in many blazing effects, to the terror and amazement of us all; yet the secret springs of this mischief lay long concealed: this destructive scene has opened by slow degrees: but now, gentlemen, we have at length great reason to conclude, that it took its rise from a foreign influence; and that it originally depended upon causes, that we ourselves little thought of, and which, perhaps, very few of the inferior and subordinate agents were intimately acquainted with.

Gentlemen, if the evidence you have heard is sufficient to produce a general conviction that the late fires in this city, and the murderous design against its inhabitants, are the effects of a Spanish and popish plot, then the mystery of this iniquity, which has so much puzzled us, is unveiled, and our admiration ceases: all the mischiefs we have suffered or been threatened with, are but a sprout from that evil root, a small stream from that overflowing fountain of destruction, that has often deluged the earth with slaughter and blood, and spread ruin and desolation far and wide.

It might have been a warning letter sent by governor of Georgia, James Oglethorpe, that prepared this popish cast to events. “Some intelligence I had of a villainous design of a very extraordinary nature, if true, very important, viz. that the Spaniards had employed emissaries to burn all the magazines and considerable towns in the English North-America,” Oglethorpe wrote in May of 1741. And who were these “emissaries”? “Many priests were employed, who pretended to be physicians, dancing-masters, and other such kinds of occupations; and under that pretence to get admittance and confidence in families.”

These few words would prove a death warrant.

Days after Oglethorpe’s letter arrived to New York, a Manhattan newcomer named John Ury was taken up as a suspected undercover priest — appearing to fit Oglethorpe’s description for he had advertised himself a schoolmaster “pretending to teach Greek and Latin.” Latin!

Mary Burton, the Hughsons’ servant turned stool pigeon for all seasons, revised her original depositions averring that she had never seen white people besides her own household at Hughson’s nefarious negro gatherings and now conveniently remembered that this guy named Ury or Jury “used to come there almost every night, and sometimes used to lie there.” And he was Catholicizing the slaves as he inducted them into a spectacular conspiracy. How could I have forgotten to mention it?!

“Corroborating” testimony to this same effect would also be wrenched from the white soldier William Kane … when Mary’s fabrications against Kane forced him to choose between joining his accuser in perjury or joining slaves at the gallows. And the case was cinched by John Hughson’s miserable daughter Sarah, who spent that entire summer suspended between life and death before she was finally pardoned on the very morning of John Ury’s trial — an expedient necessary to clear the reluctant but desperate young woman to provide evidence against the “priest.”

Ury denied being Catholic at all; he defended himself vigorously in a nine-hour trial and clowned his accuser on cross-examination:

Prisoner: You say you have seen me several times at Hughson’s, what clothes did I usually wear?

Mary Burton: I cannot tell what clothes you wore particularly.

Prisoner: That is strange, and [k]now me so well.

Furthermore, Ury noted, he had been forewarned of the suspicions against him but not attempted to flee. Plus, what about all those people who had been executed since May? “The negro who confessed as it is said that he set fire to the fort did not mention me in all his confession doubtless he would not have neglected and passed over such a person as I am said to be … neither Huson his wife nor the creature that was hanged with them and all that have been put to death since did not once name me.”

Show trials are not proper venues for defenses, of course. If anything can be said on behalf of Ury’s appalling prosecution, it is that the production of an arch-villain permitted the final closure of a terrorist-hunt that weeks before had seemed on the verge of becoming a literal hecatomb. Horsmanden’s senior colleague on the bench, James De Lancey, had shown keen to wrap things up; at the same time, as an Atlantic oligarch, he likely viewed the foreign threat of the Spanish and/or Catholic plot far more gravely. From either perspective, Ury’s death was a fit end to the scene.

Ury was hanged on August 29, 1741, a month to the day after his trial. (He was originally to have shared his gallows with the Spaniard Juan de la Silva on August 15, but had been respited.) The freelance teacher turned infernal mastermind prepared a written vindication of himself for a friend, and at the gallows he “repeated somewhat of the substance of it before he was turned of.” Here it is:

Fellow Christians —

I am now going to suffer a death attended with ignominy and pain; but it is the cup that my heavenly father has put into my hand, and I drink it with pleasure; it is the cross of my dear redeemer, I bear it with alacrity; knowing that all that live godly in Christ Jesus, must suffer persecution; and we must be made in some degree partakers of his sufferings before we can share in the glories of his resurrection: for he went not up to glory before he ascended Mount Calvary; did not wear the crown of glory before the crown of thorns.

And I am to appear before an awful and tremendous God, a being of infinite purity and unerring justice, a God who by no means will clear the guilty, that cannot be reconciled either to sin or sinners; now this is the being at whose bar I am to stand, in the presence of this God, the possessor of heaven and earth, I lift up my hands and solemnly protest I am innocent of what is laid to my charge: I appeal to the great God for my non-knowledge of Hewson [sic], his wife, or the creature that was hanged with them, I never saw them living, dying, or dead; nor never had I any knowledge or confederacy with white or black as to any plot; and upon the memorials of the body and blood of my dearest lord, in the creatures of bread and wine, in which I have commemorated the love of my dying lord, I protest that the witnesses are perjured; I never knew the perjured witnesses but at my trial.

But for the removal of all scruples that may arise after my death I shall give my thoughts on some points.

First — I firmly believe and attest, that it is not in the power of man to forgive sin; that it is the prerogative only of the great God to dispense pardon for sins; and that those who dare pretend to such a power, do in some degree commit that great and unpardonable sin, the sin against the Holy Spirit, because they pretend to that power which their own consciences proclaim to be a lie.

Again, I solemnly attest and believe, that a person having committed crimes that have or might have proved hurtful or destructive to the peace of society, and does not discover the whole scheme, and all the persons concerned with them, cannot obtain pardon from God: and it is not the taking any oath or oaths that ought to hinder him from confessing his guilt, and all that he knows about it; for such obligations are not only sinful, but unpardonable, if not broken: now a person firmly believing this, and knowing that an eternal state of happiness or misery depends upon the performance or non-performance of the above-mentioned things, cannot, will not trifle with such important affairs.

I have not more to say by way of clearing my innocence, knowing that to a true Christian unprejudiced mind, I must appear guiltless; but however, I am not very solicitous about it. I rejoice, and it is now my comfort (and that will support me and protect me from the crowd of evil spirits that I must meet with in my flight to the region of bliss assigned me) that my conscience speaks peace to me.

Indeed, it may be shocking to some serious Christians, that the holy God should suffer innocence to be slain by the hands of cruel and bloody persons; (I mean the witnesses who swore against me at my trial), indeed, there may be reasons assigned for it; but, as they may be liable to objections, I decline them; and shall only say, that this is one of the dark providences of the great God, in his wise, just and good government of this lower earth.

In fine, I depart this waste, this howling wilderness, with a mind serene, free from all malice, with a forgiving spirit, so far as the gospel of my dear and only redeemer obliges and enjoins me to, hoping and praying, that Jesus, who alone is the giver of repentance, will convince, conquer and enlighten my murderers’ souls, that they may publicly confess their horrid wickedness before God and the world, so that their souls may be saved in the day of the Lord Jesus.

And now, a word of advice to you, spectators: behold me launching into eternity; seriously, solemnly view me, and ask yourselves severally, how stands the case with me? die I must: am I prepared to meet my Lord when the midnight cry is echoed forth? shall I then have the wedding garment on? Oh, sinners! trifle no longer; consider life hangs on a thread; here to-day and gone to-morrow; forsake your sins ere ye be forsaken forever: hearken, now is God awfully calling you to repent, warning you by me, his minister and prisoner, to embrace Jesus, to take, to lay hold on him for your alone savior, in order to escape the wrath to come; no longer delay, seeing the summons may come before ye are aware, and you standing before the bar of a God who is consuming fire out of the Lord Jesus Christ, should be hurled, be doomed to that place, where their worm dies not, and their fire is never to be quenched.

* Longtime readers may recall that the series to which this post belongs ran last year. Embarrassingly I lost track of the date, and in the almanac form the calendar is unforgiving.

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Entry Filed under: 18th Century,Arson,Capital Punishment,Death Penalty,England,Execution,Hanged,History,Innocent Bystanders,New York,Public Executions,Terrorists,Treason,USA,Wartime Executions,Wrongful Executions

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1942: Six German saboteurs

Add comment August 8th, 2017 Headsman

Seventy-five years ago today, six German saboteurs were electrocuted in a Washington, D.C. jail … a failed World War II operation that bequeathed its target nation a controversial legal landmark.

On June 13 of 1942 — just eight weeks before they faced the electric chair — Herbert Hans Haupt, Heinrich Heinck, Edward Kerling, Herman Neubauer, Richard Quirin and Werner Thiel, all of them German nationals who had returned to the Fatherland after previous emigration to the U.S., were dropped by U-Boats along with two other men, Ernest Peter Burger and George John Dasch, in two quartets on the eastern fringe of Long Island and the Florida coast.

“Operation Pastorius” to sabotage war industries on the U.S. mainland would never even have time to get its land legs; spied in Long Island by a Coast Guard watchman whom they clumsily attempted to bribe, the agents scattered themselves to New York and Chicago. Burger and Dasch — who for this reason were not in the end electrocuted* — had their reservations about the Third Reich to begin with and guessed after the Coast Guard encounter where this fiasco was heading. They rang up the gobsmacked FBI to shop themselves and their comrades, enabling the feds to pick up the other six men in short order.

The eventual fate of the Nazi saboteurs is no surprise, but the means to obtain it was controversial then and remains so to this day.

On a substantive level, the Germans had landed in uniform for the explicit purpose of asserting POW status were they to be apprehended immediately; this didn’t cut much ice since all had then discarded their uniforms and attempted to melt away in the U.S. Attorney General Francis Biddle successfully cited the American Revolution precedent of John Andre, whom patriots hanged as a spy after detaining him out of uniform behind their lines. That they hadn’t yet done anything yet was a bit beside the point.**

Much thornier was U.S. President Franklin Delano Roosevelt’s order to try the Germans using a seven-member military tribunal that he conjured for this purpose, and seemingly with the objective of assuring the harshest possible sentence. (Bear in mind that these events transpired only months after Pearl Harbor.) Such a commission is explicitly anticipated by the U.S. Articles of War† whose 81st and 82nd provisions the saboteurs were charged with violating:

ART. 81. RELIEVING, CORRESPONDENCE WITH, OR AIDING THE ENEMY. — Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.

ART. 82. SPIES. — Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.

However, the military commission did not seem very well in keeping with the American preference for regular jurisdictions as expressed by Ex parte Milligan, the post-Civil War decision forbidding the use of military courts anywhere that civilian courts are functioning.‡ The signal Milligan precedent formed the basis of a furious objection by Army defense lawyer (and future Secretary of War) Kenneth Royall, who fought his clients’ hopeless corner so vigorously that the doomed men signed a letter praising his efforts. (“unbiased, better than we could expect and probably risking the indignation of public opinion.”)

Already recessed for the summer, the Supreme Court hastily reconvened to cut this Gordian knot: the only forum of judicial review the case would ever receive. Its decision, Ex parte Quirin — titled after one of the defendants — spurned Royall’s Milligan claim and upheld Roosevelt’s statutory authority to determine this case for a military tribunal by a unanimous vote.

The court’s common front concealed a variety of stances on the reach of executive authority. While the whole court agreed that “Congress has explicitly provided … that military tribunals shall have jurisdiction to try offenses against the law of war in appropriate cases,” a concurring memorandum by Justice Robert H. Jackson — later famous for his role prosecuting the Nuremberg trials — proposed to carry the argument well beyond this point. Jackson claimed in a concurrence that he would eventually withdraw that “the Court’s decision of the question whether it complied with the Articles of War is uncalled for … it is well within the war powers of the President to create a non-statutory military tribunal of the sort here in question.” This was by no means the consensus of his colleagues.

The later publication of a “Soliloquy” memorandum by one such colleague, Felix Frankfurter, throws a less than dispassionate light on deliberations. Writing to smooth over internal disputes between the blackrobes, Justice Frankfurter shows himself personally hostile to the Germans — “You’ve done enough mischief already without leaving the seeds of a bitter conflict involving the President, the courts and Congress after your bodies will be rotting in lime,” he chides them in his own voice. “That disposes of you scoundrels.” In the end, the court took his advice to sidestep the potentially deep jurisdictional question.

But that question has not been left rotting in footnotes (they never are). Quirin in general and Jackson’s expansive claims of executive power in particular have been relied upon by 21st century Presidents to justify muscular and controversial innovations like the Guantanamo Bay prison and the drone war.

A few books about Operation Pastorius and Ex parte Quirin

Pierce O’Donnell, author of In Time of War: Hitler’s Terrorist Attack on America, discussed his book on C-SPAN here.

Jurisprudence is not the only artifact of the Nazi saboteurs’ failed infiltration.

Bizarrely, a tributary slab “in memory of agents of the German Abwehr” was discovered in 2006 illicitly placed on National Park Service land in southeast Washington DC, the same vicinity where the saboteurs had been secretly buried after their electrocution. There it had seemingly reposed some twenty-odd years, unknown but to its devotees … who if the stone’s carvings are to be credited must consist of the heirs of the (defunct since 1983) National Socialist White People’s Party, also known as the American Nazi Party.

* They would be condemned to death along with the rest, but Roosevelt commuted their sentences: a fine boon but far short of the outright pardons they had been promised for their cooperation. In 1948, President Truman had Burger and Dasch deported to Germany, where many saw them as traitors.

** After unsuccessfully attempting to trade Andre for Benedict Arnold, whose defection Andre had facilitated, and whom the American revolutionaries would have much preferred to Andre for a hanging.

† Enacted by Congress in 1920, these Articles of War are no longer operative in the U.S.: they were replaced by the Uniform Code of Military Justice in 1951.

‡ Haupt and Burger were also U.S. citizens, further complicating the commission’s suspension of their constitutional habeas corpus rights.

On this day..

Entry Filed under: 20th Century,Capital Punishment,Death Penalty,Electrocuted,Espionage,Execution,Germany,History,Mass Executions,Notable Jurisprudence,Soldiers,Spies,Terrorists,U.S. Federal,USA,War Crimes,Wartime Executions,Washington DC

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1952: Johann Burianek, East German saboteur

Add comment August 2nd, 2017 Headsman

On this date in 1952, Johann Burianek became the first person executed by East Germany.

A machinist and a World War II Wehrmacht soldier, Burianek (English Wikipedia entry | German) caught a one-year sentence in the postwar Communist East Germany for having the misbegotten initiative in the dying days of the war to go out of his way to arrest a deserter who was nearly executed as a result.

From about 1950 he became affiliated with the western-back anti-communist resistance network Kampfgruppe gegen Unmenschlichkeit (KgU) — Strike Force Against Inhumanity. Crossing liberally between East and West Berlin, which easy movement East German authorities were fretting, Burianek had a two-year stint irritating the German Democratic Republic with graffiti, subversive posters, and eventually, sabotage.

He was arrested in March 1952 shortly ahead of what would have been his derringest do, the bombing of a rail bridge; a judge named Hilde Benjamin, who in the course of 1950s show trials made her name synonymous with politically motivated severity,* hammered him with a demonstrative sentence** — the very first judicial execution meted out by the DDR, in fact. It was administered in Dresden by beheading with a fallbeil.

* Benjamin, who died on the eve of the Berlin Wall‘s fall, enjoys a poor reputation in the post-Cold War state with a variety of uncomplimentary sobriquets to prove it — such as the “Red Guillotine” and “Red Freisler“.

** She would also impose the death sentence against a fellow KgU operative, Wolfgang Kaiser, who went under the fallbeil five weeks after Burianek.

On this day..

Entry Filed under: 20th Century,Beheaded,Capital Punishment,Death Penalty,East Germany,Execution,Germany,Guillotine,History,Martyrs,Milestones,Terrorists,Treason

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