Sheridan, who had in the course of that campaign made his lasting fame by rallying his troops after an initially devastating Confederate surprise attack, was highly concerned at the prospect of rebel spies and infiltrators.
Our two poor fellows, Henry Regley and Charles King, were actually nothing of the sort — just bounty jumpers who donned the blue uniform to collect a cash reward for joining up, and then deserted at the first opportunity. Given the state’s primitive tools in the 1860s for monitoring individual citizens or verifying identity, many bounty jumpers simply repeated the enlistment-desertion cycle several times.
Being shot as a deserter was one of the occupational hazards — a small one, but a real one. But being shot as a spy? Well, General Sheridan was on the lookout.
These deserters on their way out of camp happened to bump into a patrol of “Confederates”: actually a Union detail Sheridan had uniformed like the enemy for sneaky reconnaissance. What ensued next was your basic comedy of mistaken identity … with a double execution at the end.
Henry Recli [sic] of Co. L and Christian A. Gross, alias Charles King of the same Company, a German by birth, left the regiment while at the present camp. A party of scouts led by Major [Young] of Gen. Sheridan’s staff, at their head, dressed in rebel uniforms met these men up the valley, a number of miles outside the picket lines. As they conversed with them, the deserters supposing them to be genuine rebels, gave them the contraband information, and stated that they had been trying to desert for some time. They assented to a proposal to exchange clothing, and then were arrested.
I am informed by Chaplain John L. Frazee, whose trying duty it was to be with the condemned during their last hours, that both persisted in their innocence to the last. When told by the Provost Marshall Lee, that they were to die at noon, they said they knew that the night before, when they were in Winchester, at which place Gross, who had always signed his name as Charles King, wrote a letter to friends in Philadelphia, signed Christian A. Gross, in which he expressed his doubts of the carrying out of the sentence. The chaplain believes this idea deceived them until the last moment, although they yielded a sort of mechanical compliance with the solemn services held with them in private, and kneeled in prayer before being taken from prison.
Private Friederich Jaeckel’s drawing in his diary of the two deserters, again via New Jersey Butterfly Boys. Though that book’s caption places this on January 6, 1864, context suggests this must in fact be our 1865 incident; there is no indication I can find of an executed pair in the army dating to exactly one year before.
The details of the execution of this kind are terribly formal and impressive. Fully three thousand cavalrymen were drawn upon three sides of a square upon a gentle slope a little way from headquarters. Each regimental and brigade staff was with its organization and centrally stationed was Gen. Custer and his staff and body guard. When the Division was arranged, Provost Marshall Lee gave orders that the condemned should be brought forth, and thoroughly unused as I was to seeing death in that shape, the memories clustering about that slow moving group, seem as if burned in my brain.
The Provost Marshall, preceded by the band, with a small body guard, led — then the firing party, made up of twelve picked men from our own regiment. A large open wagon, drawn by four white horses, came next — in which there were two coffins, upon each of which sat a doomed man riding backwards, with feet ironed and hands tied behind. Each had a long white scarf about the head. Besides these rode the Chaplain and a proper guard dismounted closed the rear.
The fine brigade band, which had marched in silence until near the Division, when the first side of the square was reached, began playing a Dead March, and thus did this little group march slowly around inside the whole army, and at last halt at an open grave — dug in the center.
The men were now lifted from the wagon, the Coffins duly placed, and the men seated as before facing the whole Division. Marshall Lee then, from his horse, read the order and warrant … brief religious services were held, the Chaplain reading a portion of the burial service, and offering prayer for the condemned. Neither had anything to say, and the Chaplain retired a few paces. The faces of the men were then covered, and the firing party quickly drawn up in line with pieces previously carefully loaded and placed in their hands. One of the twelve had, by a merciful regulation in the Articles of War, a blank cartridge, and each comrade had the hope that he should send no fatal ball.
More rapidly than I can trace this account was the preparation done. Ten paces off stood the line — each man sternly appreciative of his fearful duty.
“Attention” Ready! Aim! Fire! The report was almost as if one carbine had responded. Two bodies fallen backwards and dead were all that remained of Recli and Gross. The surgeon in a few moments pronounced life extinct; and the scene closed by marching the whole body of troops past their Coffins, lying as they fell — this most solemn warning one can imagine to the soldier — to be faithful to himself, his oath and his Country. MANATOM
* Abraham Lincoln’s hilarious description of the 1.65-meter (5′ 5″) “Little Phil”: “A brown, chunky little chap, with a long body, short legs, not enough neck to hang him, and such long arms that if his ankles itch he can scratch them without stooping.”
On this date in 1757, Catholic priest Andreas Faulhaber was hanged at the order of Frederick the Great to defend the seal of the confessional.
Frederick had been appointed by the Heavenly Father, and a cruel earthly one, to a task far too monumental to tarry with theology: lifting the Kingdom of Prussia from the morass of German principalities and into the ranks of Europe’s great powers. Frederick was nominally a Protestant, as was the bulk of his domain, and der Alte Fritz once remarked that this profession pleasingly liberated his sovereignty from papal interference; his real doctrine was nothing but pragmatism.
Accordingly, the great enlightened absolutist sponsored Jesuit educators where schools were needed and Jewish merchants where trade was needed.
Disgusted at Frederick’s aggressive war on Austria, Voltaire scribbled to a friend,
I’ve seen his good intentions dropped
At the first trumpet blast.
They are nothing more than kings;
And live their lives with bloody things,
They take or rape a few provinces
To suit their ambitious ends
I give up, say goodbye princes
I want no one now but friends.
But Voltaire did not in fact break with his royal admirer and correspondent over Silesia.
Frederick christened his new reign in 1740-42 by ripping the wealthy* province of Silesia away from the Habsburgs.
The Habsburgs were Prussia’s Catholic rivals for preeminence in central Europe and Silesia too was heavily Catholic, so Frederick extended over that province as liberal a grant of religious toleration as he might.
But the attachments of men for the kings of their forefathers are not always so easily displaced, and neither are those of kings for the most lucrative soil of their patrimony. Austria made two subsequent attempts to retrieve Silesia; together with Frederick’s initial invasion, these are the Silesian Wars.
The last of the three was itself just one theater of the gigantic Seven Years’ War. The conflict between Prussia and Austria over Silesia, and the complex continental diplomatic entanglements** each power effected in its pursuit, were among the root causes of that entire globe-spanning conflict.
But in view of Frederick the Great’s strained situation prior to this providential deliverance, some of his Silesian subjects made free to prefer their prospective Catholic/Austrian allegiance to that of their recent conqueror.
Desertions among Silesian conscripts, some of them even escaping to Austrian lines, called down the dark side of the religious toleration policy. Frederick let people pray as they liked so that he could rule as he liked; here, when he suspected the Silesian Catholic clergy of countenancing wartime disloyalty among their flock, those religious scruples had overstepped their proper sphere.
And so at last we come to our day’s execution.
One young man caught attempting to desert Frederick’s army was captured and interrogated by his commanders. He allowed that he had undertaken the sacrament of confession before escaping, and expressed to the priest his intention to abandon the army.
The priest, Father Andreas Faulhaber, was arrested on this basis, but between his calm defense of himself and the deserter’s shifting, unreliable story, the military court found little basis to proceed. The impression one gets is that the contemplated desertion was not the main thrust of the confession and that Father Faulhaber accordingly discouraged the sin in passing but didn’t bother to dwell on the point.
The impression is difficult to substantiate because the padre rigorously kept the seal of the confessional — another imposition demanded by faith that secular authorities who had armies to field preferred not to honor.
But evidently looking to serve notice that the monarch’s religious indifference could not be used to abrogate subjects’ responsibility to the state, Frederick himself ordered Faulhaber’s sudden execution for the morning of December 30.
The unfortunate priest only discovered his impending fate moments before it was enacted, but still refused under the makeshift gallows to give up anything incriminating about his parishioner. “Hang up the Jesuit Faulhaber, but let him not have a confessor,” read the order, according to this decidedly Catholic account, which adds that Faulhaber was not actually a Jesuit at all, and the word only added to invoke the going 18th century prejudice against that order.
Prussia won this war, too. It kept Silesia in Prussian hands, and then German hands, for two centuries. The bulk of Silesia was transferred to Poland after World War II.
** For the Seven Years’ War, Austria made common cause with its traditional foe, France: one consequence of this arrangement was the betrothal of the Austrian princess Marie Antoinette to the future French king Louis XVI.
Back in December of 1773, a year before our action, American patriots had ratcheted up the colonies’ running tax dispute with the mother country by dumping 45 tons of East India Company tea into Boston Harbor.
Over the ensuing twelvemonth, London and the colonies escalated unpleasantries to the point where King George III remarked that “The die is now cast. The colonies must either submit or triumph.”
The immediate British response to the Boston Tea Party, and the reason that William Ferguson and His Majesty’s 10th Regiment of Foot made their obnoxious camp on Boston Common, was that Parliament responded to the Tea Party with a series of punitive enactments directed at the colonies in general and Boston in particular: the Coercive Acts. (Or “Intolerable Acts”, as called by the colonists.)
Gage’s first order of business was to garrison truculent Boston (already occupied since 1768) with enough soldiery to enforce Parliament’s will. Throughout the summer and autumn of 1774, British troops arriving from elsewhere in the colonies — or from Canada (as with the 10th) — or mustered in Great Britain — poured into Boston. By the end of 1774, eleven regiments made camp on the Common. “Boston,” Gage wrote to the Secretary of War, “will keep quiet as long as the troops are there.”
But to dominate Boston was not to bring the colonies to heel.
General Gage soon realized that he had a tricky assignment: even while implementing laws designed specifically to antagonize Massachusetts, he simultaneously had to try to pre-empt the gestating American Revolution. Egregiously underestimating the vigor of colonial resistance and the resources required to quell it, London brushed off Gage’s entreaties for thousands of additional troops while counterproductively pressuring him to take more confrontational action against disloyal colonists.
Gage’s attempt to reconcile all these contradictory demands was to use his regiments in Boston in a series of targeted sorties into the Massachusetts countryside, in an effort to deprive colonial militias (and, now, a rebel shadow government that held sway outside of Boston) of the arms they would need in the event of open rebellion. Gage hoped he could pick off tactical objectives one by one, and ideally do so without firing any shots that might further inflame a tense situation. Some of his own subalterns sneeringly nicknamed him the “Old Woman” for insufficient bellicosity.
Gage’s plan was probably always doomed to failure. Massachusetts militiamen had already demonstrated a considerable propensity to redcoat inflammation; some one of these expeditions was bound sooner or later to send musket balls flying.
In April of 1775, that’s exactly what happened: a column of British soldiers, some from the 10th Regiment, marched out to seize a militia arms depot in the town of Concord. About sunrise of April 19, 1775 that column entered the village of Lexington on the approach to Concord and there exchanged with a colonial militia the first shots of the American Revolution.
The only British casualty of the “shot heard round the world” was a minor leg wound suffered by a private of the 10th named Johnson. (The subsequent Battle of Concord was a different story.)
Present for Lexington and Concord and presumably also in attendance at William Ferguson’s execution by musketry was yet another brother Tenther: Ensign Jeremy Lister. Lister’s diary of events is one of our firsthand accounts of the Battles of Lexington and Concord.
HEAD QUARTERS, FALLS OF NIAGARA
OCTOBER 28TH 1814.
At a General Court Martial, held at Stamford, on the 25th instant, and continued by adjournment to the 28th of the same month, Private John McMillan, of the 2nd regiment of Lincoln Militia, was arraigned on the following charges, viz.: —
1st. For having deserted to the Enemy, with his Arms and Accoutrements, when on Duty, on or about the 6th of Octoer, 1813.
2nd. For having been taken bearing Arms in the Service of the Enemy on or about the 17th of September last.
And “The Court, after duly considering the Evidence for the Prosecution and on behalf of the Prisoner, were clearly of the opinion that he is guilty of both charges, and therefore Sentence him to suffer Death, at such place and time as His Honor the President may be pleased to direct.”
His Honor the President approves the finding and Sentence of the Court, and directs that the same be carried into Execution at Bridgewater [Niagara Falls] on Monday morning next, the 31st instant, at 11 o’clock
As a Communist himself — Laiho had been imprisoned in the 1930s for his labor agitation — Laiho inclined better to the cause of the other side, and fled to the woodlands near Turku where he gathered intelligence to pass to the Soviets and aided other war deserters. He spent the best part of two years winding towards his date with a military police firing detail after being arrested in December 1942.
While Olavi Laiho was the last Finn executed in Finland, on September 2, 1944, a trio of Soviet paratroopers caught behind Finnish lines were shot as spies on September 3, 1944. Those three men are the last ever put to death in Finland.
Laiho doesn’t technically have the distinction of being the last in all of Finnish history, but he’s the one remembered as the milestone moreso than the Russian paratroopers. Laiho is the last one of the Finns’ own, the last who emerges as an individual with a fate that speaks to the fate of his countrymen in those times. “Through Olavi Laiho, we empathize with the with the story of the first half of the 20th century,” this dissertation put it.
One hundred fifty years ago today, Barney Gibbons was executed by musketry by the Civil War Union army in St. Louis, Missouri.
Gibbons was among the many soldiers in that chaotic war who in the time before identity cards and omnipresent databases deserted the respective armies at their convenience. Whatever the fulminations of the right-thinking against such behavior, only a slight risk of capture and exemplary punishment attended such an act.
Gibbons’ own slip into the statistically improbable might be the slightest imaginable risk of them all.
The New York native was enlisted in the Seventh Infantry Regiment when it was sent at the outset of hostilities to the New Mexico theater of the war; there he slipped away from the march one day and re-enlisted in the Confederate army, serving against his former comrades in several battles — notably Glorieta Pass.
Then Gibbons deserted the Confederate army as well, turned up as a teamster in New Orleans, and eventually made his way to St. Louis.
And that was that, or at least it often would have been. By 1864, who could bother to search out an obscure private fallen off the march three years before?
One summer’s day in 1864, however, a former 7th Infantry sergeant named Richard Day chanced to pass Barney Gibbons on the street and somehow recognized him. “He has a cut upon his lip, and a peculiar manner of walking,” Day would later insist at the court-martial. “Capt. Jones of our company was always at him because he never could walk like a soldier, he would throw his head forward and his arms to the rear. He always walked with his hands open and fingers apart even when he had gloves on.”
Now, despite the certitude of our verbiage so far, the fact of the matter is that “Gibbons” denied all this all the way to the stake — and there were no better forensics on offer than Day’s personal recollection. That was pretty much state of the art, even if we now know that eyewitnesses are highly error-prone.
We pick up Gibbons’s horrifying last moments (following Catholic baptism) via the New York Times correspondent, as reprinted by the Cleveland Plain Dealer on August 23, 1864:
Although there is not at the post of St. Louis an officer who ever witnessed an execution, the preliminaries were conducted in a skillful, orderly and decent manner. — All the troops of the post were in attendance, and a hollow square having been formed with one side open toward the embankment of the for, the condemned man was placed beside a post, with a seat attached, his common pine coffin lying on the ground beside him. After making a brief statement, in which he denied having deserted, but said that he straggled and was overtaken by the rebels, he pronounced his sentence most unjust …
He was seated, and his arms tied behind the post, a white cap was drawn over his face, and six musketeers drawn up within fifteen feet of his breast. The command was given:
“Fire” and two bullets entered the abdomen. And now succeeded a few seconds in which transpired a scene which shook the stoutest heart, and made every human creature present shudder. From beneath the ghastly cap came a wail of agony which pierced every ear, and as the utterance “Oh! oh! too low,” escaped from the lips of the quivering form writhing in the throes of a horrible death, every one seemed paralyzed with horror. With a quick motion the officer of the squad waved the six muskets aside and four others took their place. “Make ready.” “Aim” — but mercifully before the third command was given, the four pieces were discharged, three leaden messengers of death entering the sternum, and a mighty convulsive shudder ended the being of the poor deserter. What an eternity of woe in those intervening few seconds! What a crowding of events from infancy, hallowed by a mother’s love and prayers to the dreadful details of the present scene! Yet, all passed before the mind’s eye of the dying man, and the wonderful palimpsest of his brain touched by the consciousness of instant death, gave him to see in a second all that had been for years forgotten, ere he entered upon the unknown.
The error in firing arose from the fact, discovered too late for remedy, that the sights of the muskets were set for long range.
There’s a noticeable discrepancy here in that the execution order (the first document) references, and names, two people sentenced to die — but the ensuing garrison orders consistently refer to “the prisoner” in the singular. I have not been able to clarify this discrepancy, and it’s worth noting that the Espy file of historic U.S. executions — which is incomplete, but nevertheless pretty complete — does not note an execution on or around this date. It’s possible that either or both of the men were pardoned; there had been an amnesty proclaimed in June for (successful) deserters who were still on the lam, and although that wouldn’t have directly covered these cases, it might have signaled a corresponding leniency liable to extend within the courts-martial system.
Headquarters 3d Military District,
N. Y., July 7th, 1814.
Capt. Moses Swett or officer commanding troops on Governor’s Island.
Sir :–The general court martial which convened on Governor’s Island on the 23d ult., of which Col. D. Brearly,* of the 15th Inft. is president, having sentenced John Reid and Roger Wilson, privates in the corps of artillery, to be shot to death — By power in me vested you are hereby directed to have the sentence carried into execution on the day and at the hour prescribed in the general order of the 3d inst., for which this shall be your warrant. I am, sir, your obedient servant,
The troops on Governor’s Island will parade tomorrow morning at 11:30 o’clock on the Grand Parade, for the purpose of witnessing the execution of the prisoner [singular — sic?] sentenced by a general order of the 3d inst. to be shot to death.
The troops will form three sides of a square, the artillery will form the right and left flank, the Infantry the rear; the execution parties, consisting of a sergeant and twelve privates, will parade at 11:30 o’clock and placed under the command of Lieut. Forbes, Provost Marshal; the guards of the advanced posts will have their sentries at their respective posts, and will repair to the parade at 11:30, those under charge of the Provost Marshal will join the execution party, for the purpose of escorting the prisoner to the place of execution.
The execution parties, in divisions preceded by the music with the Provost Marshal at their head, will march in front of the prisoner, the music playing the dead march; the guards formed in divisions will march in rear of the prisoner.
The procession will enter the square from the rear, face ten paces from the coffin placed in the center, upon which the prisoner kneels by a signal from the Provost Marshal. The music ceases, the warrant and sentence of death is read, the signal to fire is then given to the execution parties. By order of
The desertion rate for American soldiers in the War of 1812 was 12.7%, according to available service records. Desertion was especially common in 1814, when enlistment bonuses were increased from $16 to $124, inducing many men to desert one unit and enlist in another to get two bonuses.
We’re not sure how well these eight got paid off in life … only that they collected their last check in lead.
Nathaniel Chester, age unknown, a member of the Corp of Artillery.
Benjamin Harris, 38, a private in the 44th Regiment. Born in Virginia and raised in New Orleans, Louisiana, he enlisted on March 26, 1814 and deserted on July 1.
John Jones, 33, a private in the 2nd Rifle Regiment. He’d enlisted for a five-year stint on July 25, 1814 in Farquier, Virginia. The date he deserted has not been recorded.
Jacob King, 20, a private in the 1st U.S. Artillery. He was born in Pennsylvania and enlisted on March 28, 1814 for five years. He deserted on July 12.
James McBride, 21, a native of Virginia. Records about his military service are unclear: some reports are that he enlisted on April 20, 1813, and other accounts give the date as July 22, 1814. It’s possible he deserted twice; this was a common practice, as noted above.
William Myers, 19, a private from Georgia. He enlisted on March 27, 1814; it’s unknown when he deserted.
Drury Puckett, 36, a member of the 2nd Infantry. (Almost certainly the son and namesake of this Drury Puckett.) Like Harris and McBride, he was from Virginia and he had enlisted there for five years on September 24, 1814. The record says he deserted on December 31, but this is surely in error, because by then he had already been sentenced to die.
John Young, age unknown, from Winchester, Virginia. He enlisted on October 3, 1814 and deserted after a mere five days.
General (and future President) Andrew Jackson affirmed their sentences on January 28, pardoning five others at the same time. This was twenty days after Jackson fought the Battle of New Orleans, the final major conflict in the war. This day’s event was the largest mass execution in Tennessee history.
On November 7, 1918, mere days before the end of World War I, British privates Louis Harris and Ernest Jackson were shot for desertion and cowardice. Jackson, of the 24th Battalion Royal Fusiliers, and Harris, of the 10th Battalion West Yorkshire Regiment, were the last British soldiers shot for military offenses in the First World War.
Jackson had been conscripted into the military in July 1916 and sent to France in November. He first ran into trouble in April 1917, when he went AWOL for 28 hours and was sentenced to two years in prison. In most cases the sentence would have been suspended, but for some reason that didn’t happen with Jackson and he spent sixteen months behind bars before he was released and returned to his battalion in August 1918.
A little over a month later, on September 29, he disappeared from his battalion transport lines near Flesquières, where he’d been sick and waiting to be sent to the field ambulance.
Arrested on October 3, Jackson got sent back to the to the 24th Battalion, which was then at Noyelles, 3,000 yards from the front lines. By mid-afternoon he had dropped out of sight again, but was arrested by the military police the next day at Douellens. On October 8, Jackson’s NCO found his arms and equipment in a shelter not far from where he’d gone missing.
Jackson faced a Field General Court Martial (FGCM) on three charges:
Going AWOL on September 29
Deserting on October 4
“Shamefully casting away his arms, ammunition and equipment in the presence of the enemy” on October 4
When asked to explain himself before the tribunal, Jackson said, “I left because I could not stand the treatment I was receiving. I wanted to get away from everything … I have been looked down on by everyone and that is the cause of my being here today.” He added that both his parents had died in insane asylums and he himself suffered from “mental problems caused by worries.”
The FGCM would have none of it and sentenced Jackson to death. He was shot at St. Python in northern France at 6:10 a.m. He was 32 years old.
Nineteen minutes later and 25 kilometers away, at Locquignol, Private Louis Harris faced the firing squad.
Harris had volunteered for the Army in 1915, but was discharged as unfit. He got conscripted in 1916, however, and was sent to France in July, where he served as part of a Lewis gun team. On September 2, in the middle of an attack at Rocquigny, while there was “no firing and practically no opposition,” Harris ditched his kit and his comrades and vanished. He was arrested the next day and faced an FGCM for desertion and cowardice.
Harris — surprisingly … was not defended at his trial and made no attempt to cross-examine any of the witnesses, nor did he make a statement in his own defence. It would appear that the 23-year-old soldier either did not understand the seriousness of his position, or was resigned to his fate.
He was found not guilty of cowardice, but guilty of desertion, and his bad record (which included repeated charges of insubordination) was held against him. His CO wrote, “Pte. Harris L. has not got a good record in this Battalion. His fighting value is NIL.” The Brigade Commander agreed, summing up his case thusly:
I recommend that the extreme penalty be carried out for the following reasons:
Pte. Harris’s action was deliberate.
He has previously attempted to desert unsuccessfully.
He is worthless as a soldier.
During an action he deliberately abandoned his comrades.
His example is a disgraceful one.
Harris’s execution was, as previously stated, the last. Four days later on November 11, the war ended and all death sentences for military offenses were commuted to penal servitude. In 1929 the death penalty was abolished for desertion and other military crimes.