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1874: Three for misshapen love

Add comment January 12th, 2015 Headsman

On this date in 1874, two men and a woman hanged at H.M. Prison Gloucester for unsatisfactory affairs of the heart.

Charles Edward Butt

On August 17 of the previous year, Charles Edward Butt had besought the company of a Miss Amelia Phipps for an excursion to the next day’s Gloucester Cheese Fair.

Miss Phipps, long the object of the young farmer’s amorous suit, had unfortunately pledged her company to another gentleman, which disappointment Butt remedied by shooting the young lady to death.

Mary Anne Barry and Edwin Bailey

On that very same August 17, a Bristol teen mother named Mary Susan Jenkins attempted to relieve her baby’s colic by reaching for a packet of Steedman’s Soothing Powders.

Plumped for use by teething children, these packets had been helpfully delivered by the local Dorcas Society, a charitable network set up to provide essentials to the poor. And Miss Jenkins was quite poor indeed, after having been dismissed from her domestic service by a prosperous cobbler named Edwin Bailey after the latter impregnated her, and then refused to pay for the upbringing of his whelp.

Minutes after the treatment with Steedman’s, however, the whelp had breathed his last.

Investigation soon determined that the packages had been laced with lethal quantities of strychnine, and the package from the “Dorcas Society” in fact appeared to have been addressed by the hand of Edwin Bailey himself — whose maintenance payments of five shillings per week had now been mandated by a court.

Bailey’s motivation in the affair is obvious; much less so is that of Mary Anne Barry. Barry was another of Bailey’s servants, and she had taken to visiting the Jenkins family over the preceding months under the name only of “Anne” — representing herself as an emissary of the Dorcas Society.

Barry claimed that she had simply been dispatched by Bailey to attempt to ferret out the bastard child’s real paternity which he still violently denied. But a few days before the rat poison was administered it was she who had recommended Steedman’s powders and suggested that they could probably be procured of the Dorcas Society. Though this surely convinced her jury, that panel strongly recommended her to mercy, perhaps not entirely certain on the judge’s charge to them “whether there was not a view of her case consistent with her innocence.” Considering that she was informing Edwin Bailey of the conversations in what she perhaps thought was merely the capacity of a detective, there is indeed such a view.

Robert Anderson Evans

Aging executioner-relic William Calcraft, who would be forced into retirement later this year, was too sick to officiate, so the honors were done by Welsh hanging-hobbyist Robert Anderson Evans instead. Evans only rates a faint and distant blot on the British executioners’ star chart; this date’s trio was probably his piece de resistance. At Evans’s suggestion, the gallows was constructed not as a rising stage, but as a platform level with the ground, and built over a pit.

Evans was a doctor by training, but despite this he gave these patients an increasingly outdated physic: the short drop hanging, soon to be rendered entirely obsolete by William Marwood‘s variable-drop tables.

While the fall Anderson allowed on this occasion was sufficient for the men, the lightly-built Mary Anne Barry — for whom Marwood’s calculations would have called for a longer fall — choked to death for several minutes. Anderson even had to resort to pressing down on her dangling body to speed her death, possibly reflecting as he did on the advantage the elevated stage had for effecting this sort of extremity. (It was a regular occurrence at Calcraft executions.)* Ms. Barry, who confided on the platform that her dreams had long foretold this fate for her, turned out to have the distinction of being the last Englishwoman to die with a short-drop hanging.

* Anderson’s undistinguished hanging career might have been lengthened had he taken to heart the idea that the separation is in the preparation. Anderson didn’t even bring three ropes with him because he assumed that the woman in the group would be reprieved (and that he wouldn’t break a rope and have need for a handy backup). Mary Anne Barry’s noose was made up at short notice in the prison by a former navy man.

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1875: Henry Wainwright, Whitechapel murderer

Add comment December 21st, 2014 Headsman

On this date in 1875, Whitechapel’s most notorious murderer ere Jack the Ripper arrived on the scene paid for his double life on the gallows of Newgate.

Henry Wainwright, brushmaker and philanderer, came to his mortal ruin by way of a financial one.

The expansive Wainwright could not confine his adventures to actresses at the theater adjacent his Whitechapel Road shop* but in 1872 installed a mistress, one Harriet Lane, in a flat of her own with a liberal £5-a-week stipend. “Mrs. King”, as she styled herself with a better ear for the forgettable name than Wainwright would evidence (we’ll come to that part), bore her lover two children.

But by the next year, Wainwright’s prodigalities and a worldwide economic crisis had sunk him in debt. As his creditors circled, Wainwright pinched farthings where he could, putting predictable strain on his lover’s allowance — and with it, her affection, her sobriety, and her discretion.

As Wainwright succumbed to bankruptcy, Harriet Lane’s demands for money and occasional drunken forays into his very place of business had Wainwright scrambling for some way to fob the mistress off on some other man. His efforts thereto were frustrated, so he contrived the next best thing: prevailing on his brother Thomas** to write his mistress mash notes under the ungainly pseudonym of “Edward Frieake”, Wainwright spun a plausible scenario for her elopement.

Unfortunately for Mrs. King, the honeymoon would be a chloride of lime pit under the floorboards of Wainwright’s warehouse.

On September 11, 1874, the lady sallied out of her apartment, and was never heard from again.

Laborers working near Wainwright’s warehouse that night would report hearing three gunshots, but being unable to pinpoint their source they let the matter drop — just as did police with Harriett Lane’s disappearance. With the help of a chaser letter or two from his brother, Wainwright represented that she had run off to Paris with her correspondent. Why, she might never be heard from again!

According to Jonathan Goodman, the 1844 Thomas Hood poem “The Bridge of Sighs” was a Wainwright favorite, one he often recited to entertain his family(s):

One more Unfortunate,
Weary of breath,
Rashly importunate,
Gone to her death!

Take her up tenderly,
Lift her with care;
Fashion’d so slenderly
Young, and so fair!

Wainwright himself qualified for verse not long after poor Harriet Cole’s remains tumbled into plain view on that London street, like the “Awful Murder and Mutilation of a Female At the East-end of London”, whose composition mirrors its expository title:

Her head was severed from her body,
Her arms as well — how sad to tell

The above fragment (I have not located the entire original) is from this informative post about murder ballads

Another year on, Wainwright had good cause to believe he’d gotten away with the whole thing.† But his finances having finally collapsed, the warehouse that doubled has Harriet Lane’s tomb had been foreclosed upon in July of 1875, and it would soon be sold to new and potentially nosy owners. Wainwright had a body to move. And when the hole was opened up on September 10, 1875, it uncovered not a few scraps of a satisfyingly dissolved corpse — but the body entire, preserved rather than eroded by its chemical bath.

And the corpse stank disgustingly.

Showing the extraordinary judgment that had got him into this mess in the first place, Wainwright bought a spade and a cleaver to dismember the foul limbs he had once made love to, and then engaged a colleague to help him schlep the resulting packages out to the street. Arthur Stokes would later attribute his decision to peek to a divine command that struck him from the firmament, but nothing more remarkable than below-average curiosity will be required of a man encumbered by a heavy, fetid parcel to wonder what they might contain. A more impressive explanation will be required to justify Henry Wainwright’s decision to leave Stokes alone with the horrors while Wainwright jogged off to hail a cab.

Thinking fast for a man come face to face with a severed head, Stokes rewrapped the horrendous bundle and casually helped his homicidal friend pack it all onto the cab. When Wainwright drove off, Stokes trailed him, looking for constables to summon. And when he found them, and they approached the cab asking to inspect his cargo, all Henry Wainwright’s nauseating hypocrisy spilled out on the street in a lurid pile. He lamely tried to bribe the constables two hundred quid to ignore the putrid sackful of human remains.

A distinct scar and the dress Harriet Lane had worn on the day of her “elopement” identified the body to everyone’s satisfaction, and the circumstances of the body’s discovery did not admit much hope for Wainwright’s defense team.‡

So notorious was Wainwright’s crime that a vast concourse of gawkers mobbed the exterior of Newgate on the morning of his hanging, just like in the bad old days — even though, all executions by this late date being private affairs, these masses had no opportunity to glimpse anything save the black flag hoisted over Newgate to signal that the sentence of the law had been carried into effect.

Sources:

* Wainwright’s old shop apparently still stands, in relatively good condition. There are some 21st century photos of it and some interesting discussion of the case on casebook.org.

** Exactly when Thomas Wainwright became aware of what his brother had been up to with this “Edward Frieake” stuff is not certain. He did help his brother open Harriet Lane’s lime grave prior to its catastrophic attempted move.

Tried for his life alongside his brother, Thomas was acquitted of capital murder but caught a seven-year prison sentence as an accessory after the fact.

† The illegitimate children were in the care of a dressmaker, Ellen Wilmore, who still had them by the time of Wainwright’s trial. (Wilmore was called to testify.) It is not known what became of them thereafter.

‡ We are indebted to Foul Deeds and Suspicious Deaths in London’s East End for this outstanding detail: librettist W.S. Gilbert appears as a part of Wainwright’s defense. Gilbert, a barrister by training who had just made his big breakthrough by writing the 1875 musical theater hit Trial by Jury, was in the process of launching the collaborative career that puts Gilbert and Sullivan productions on community playhouse stages down to the present day.

Late in 1875, W.S. Gilbert received a jury summons highly inconvenient to his burgeoning artistic career. Consequently, he managed to finagle for himself a nominal assignment on the Wainwright defense team as a means of re-establishing “practicing attorney” bona fides that would exempt him from any jury boxes.

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1949: John Wilson and Benjamin Roberts, Syd Dernley’s first(s)

2 comments December 13th, 2014 Headsman

On this date in 1949, two young miners from northern England were hanged together at Durham prison for unrelated crimes of passion: one had ravaged and strangled another man’s wife when his attempts to seduce her were met with a demand for money; the other had murdered a local girl (and then botched his suicide) when he found himself on the third point of a love triangle.

Both crimes happened on the same weekend, just a few miles apart — so they were tried at the same assizes and advanced through the process from murder to hanging-date together. Double executions were already quite rare at this point: this date’s affair was among the last such events in UK history.*

However, it was the very first execution in which Syd Dernley participated.

Dernley was an assistant executioner for 20-odd hangings, and while he’s far from the most noteworthy man to tread the scaffold, his 1989-90 The Hangman’s Tale: Memoirs of a Public Executioner might interest the person who takes up the pen for a labor history of the modern death penalty.

Dernley, a Nottinghamshire pit welder by day, gives an inside look at the recruitment process and on-the-job operations for a minor-league hangman. Bored with his job, he wrote the Prison Commission cold in January 1947 offering his services (“I feel sure that I could do the job”), got a generic polite dismissal, and then was one of several rookie volunteers summoned in October 1948 for a training course — a rationalization of the qualification process to go with the rationalization of hangings themselves.

Dernley had to wait a full year and then some to actually get into the act.** The basic hanging protocol featured a lead executioner and an assistant who would together escort their man to the gallows platform and perform the hanging; since this was a double execution, there are two such pairs involved. Dernley here is the assistant of veteran hangman Steve Wade. The other pair has Henry Kirk as the lead hangman, assisted by Harry Allen.†

Britain didn’t have the volume of executions for anyone to be a full-time hangman, although some hangmen, like Kirk, were also prison officers.

Jobs were farmed out by the Prison Commission among its small roster of active executioners, and would begin for the hangman with the receipt of a package from the Commission with two copies of a Memorandum of Conditions for executioners’ employment — one for the executioner’s records, and one to return to the Commission when formally accepting the assignment.

The day before the hanging, the executioners traveled to the prison where the sentence was to be carried out. The hanging team would not leave the prison’s walls until the execution was complete: after their prep work on execution’s eve, they slept in the jail.

Although prisoners rarely realized this until the last moment, the gallows platform stood just steps outside the condemned cells, the better for the instant performance of the actual hanging. They waited until Wilson and Roberts were safely out of earshot at chapel or in the exercise yard to set up the ropes.

The lead executioner Wade “controlled and double-checked everything from the moment he opened the execution boxes and took out the three ropes. He examined each of them minutely before rejecting one of them which was immediately coiled up and returned to the box. He measured the drop along the rope and marked it with chalk. I was allowed to shackle the rope to one of the chains hanging down from the beam and I had to go up the steps to adjust the chain as we got the chalk mark to the height of the man’s head, but [Wade] went up the steps to check both the shackling and the chain when I had finished.”

Once both ropes had been prepped, they noosed two sandbags approximating the respective weights of the prisoners, summoned the prison governor, and performed an actual test hanging. Everything went off without a hitch.

They dined that night, and breakfasted the next morning, on prison mash — it was invariably eggs and bacon for breakfast, Dernley remembered later in his career. After stealing silently back into the execution chamber, practically in the shadow of the last devotions of their unwitting prey, they repositioned the ropes which had been (intentionally) stretched out by half an inch from being left dangling their sandbags overnight. The ropes, and their supporting chains, needed to be positioned such that the noose dangled at convenient head height — again, the efficiency of the actual hanging was paramount — and so that, when the trap was released, the rope provided a drop of the precise length necessary to break the neck.

The next forty-five minutes as we waited in our quarters for the call were about the worst of my life. Everything that needed to be said had been said and it was clearly no time for social chit-chat, so we sat there and waited. There was fear afoot in the prison; you could almost smell it. The whole place was silent, waiting.

The butterflies in my stomach, which had disappeared when we went to the execution chamber and had something to do, were back with a vengeance. A jumble of thoughts flitted through my mind. Questions: Would we do a good job? Would I put up a good showing? Would we be quick? There were fears too: Will he fight? How will I handle it if he does?

The door opened and a warder took a step into the room. Wade got to his feet. “It’s time,” he said simply. “Are you ready?” I nodded. I don’t think I could have said anything. Kirky looked across at me and smiled. “Make it a good job, young ‘un,” he said quietly.

In those last few moments I was most conscious of faces, faces turned towards us … screws standing quite still at strategic points, all staring at us … the people standing near the doors of the condemned cells watching us approach … the faces of the official party as they glanced over their shoulders … but above all the face of the clock hanging on the wall at the end of the wing. It was a gigantic thing, about three feet across, and the minute hand was now just a fraction away from nine o’clock.

We were halfway to the condemned cells when the silence was broken and my blood froze. The sound was faint to begin with but it rapidly swelled — singing!

I could not believe my ears. “Jesu … lover … of my soul,” croaked the quavering voice.

Another stronger voice joined in: “Let me to thy bosom fly.”

“Who the hell is that?” I asked one of the screws who was walking along beside me.

He looked shattered but he was not going to admit it. “It’s one of them you’re going to top in a minute,” he replied, trying to sound cool.

With that eerie sound ringing round the wing, we arrived outside the condemned cells. The singing was coming from number two cell, and for the next thirty seconds we stood listening to the doomed man and his priest singing in harmony. In other circumstances it might have been lovely. Here, now, it was weird and unreal.

Everyone was in position as the hands of the huge clock moved the last fraction of an inch to nine o’clock: Wade and I outside the number one cell; Harry and Kirky a few steps away across the landing outside the number two cell …

From the instant the cell door cracked open, the prisoner should have just a few seconds left to live — although the prisoner wouldn’t realize that fact since his guards were under strict orders to brush off the doomed fellow’s inevitable questions about procedure. The two executioners would walk to the center of the cell, stand the prisoner up, and each taking an arm, efficiently pinion them behind his back. Then they whisked him out a secondary door which opened directly to the execution chamber, where they’d glide right into the waiting head-height noose. The name of the game for the hangmen was calm and firmness: don’t scare the man unnecessarily, just enter with professional inevitability and have the man on his noose in less time than it would take him to find the wit for panic or swoon or fight.

The double job complicated matters, but only slightly. The plan was for Wade and Dernley to enter cell number one only moments before Kirky and Allen entered cell number two. That way, both Wilson and Roberts would enter the scaffold singly and the respective hanging teams wouldn’t be in one another’s way — but it would only entail an extra second or two on the traps for the dead men as they were positioned in rapid sequence. It didn’t quite work out that way.

Wade moved straight through the door and I followed him into the cell. It seemed quite crowded with the two warders backing clear and the white-faced priest sitting on the other side of the table looking up at us. The condemned man was positioned as per the book, sitting at the table with his back to the door.

By the time I got to him, he was on his feet and Wade was bringing his left arm behind his back. There was no resistance as I caught hold of his right arm. He just let me bring it behind his back and Wade was waiting for it.

Things were moving incredibly quickly, there was hardly time to take anything in. Wade was walking through the yellow doors. Our man had turned to watch him but had not moved so I just put my hand on his shoulder and, with only the gentlest of pressure, he started to follow. A warder either side of him, we walked through and on to the trap. Wade stopped him and I slipped the legstrap out of my pocket, bobbed down and fastened it round his ankles.‡ I doubt I had ever done it so quickly but by the time I stood up and took a pace off the trap, Wade had finished and the man was standing with his head hidden under the bag and the noose round his neck.

Just the way they drew it up … except the Kirky-Allen team was nowhere to be found.

They should have been on the trap by now and there was no sign of them!

They were having some sort of trouble, but what? As the seconds ticked away, I strained to hear what was going on, but there was not a sound coming from the other side of the landing. That at least was reassuring because whatever was going wrong it was not some massive fight. We would have heard that.

I looked around the cell. Wade was staring through the open door, brow creased in a frown, with wide, worried eyes. By God, he looked worried. The governor and the under-sheriff looked as white as a pair of sheets.

In the centre of all this, the hooded and noosed figure of our man — who should have been dead by now — stood waiting patiently without a sound.

I looked back through the door. Still nothing. I felt so helpless; I wanted to run through and help or do something, but I knew I had to stand just where I was.

A double hanging should take around fifteen seconds from start to finish; we had now been standing with our man ready to go for at least forty-five seconds, although it felt like hours.

A sound to my right brought my eyes back from the door into the execution chamber. One of the screws seemed about to take a pace towards our man, a look almost of horror on his face. The hooded figure was starting to sway. He was going to faint!

At that moment Kirky rushed through the door followed by the lover and Harry. Kirky, looking red-faced and flustered, immediately peeled off to the left and Wade in a blur of motion was stopping the man on the chalk T. In what seemed almost one motion, he whipped the white hood over the man’s head and flicked the noose on. I didn’t even see Harry get the legstrap on before Wade was hurling himself off the trap. The lever went over and away the whole lot went with that massive boom.

Allen later told Dernley that their man, the singing one, “just wasn’t ready” and while he didn’t fight the executioners he also didn’t comply with them as they tried to get his arms into their straps. “In the end we just had to force him.”

His nerves none the worse for the off-script debut, Dernley would remain an assistant executioner — he was never the head man — until another one of his hobbies came embarrassingly to light.


From the April 28, 1954 London Times.

Dernley published his book in 1989, by which time the British hangman was almost as archaic as the smut bust. (The poor lech died in 1994, just short of the Internet revolution.) But Dernley, unlike Pierrepoint, never evinced any second thoughts about his career on the gallows and had an unabashed pro-capital punishment position.§

“I have no regrets about what I did and I sleep pretty soundly in my bed,” he sums up. “I do not believe that my career as a hangman has had any ill-effect on me. Not that you ever get away from it so far as people are concerned — once a hangman always a hangman, it seems. Even after all these years I am still pointed out to people and I have a little chuckle to myself when I find somebody in a pub staring at me in that familiar way and I wonder who has been talking to them.” The inference from his lines, and the photos of Dernley jovially showing off his private model gallows, is that the old hangman made it a point to keep the talk going.

* Per the extremely useful Capital Punishment UK page, there was a double execution in 1950, another in 1951, another in 1952, and the last in 1954.

** Dernley did avail himself of an opportunity to witness personally the March 29, 1949, hanging of James Farrell.

† A man named Harry Allen, from Manchester, would one day be dignified Britain’s Last Executioner. In the 1960s, Allen literally did conduct one of the two simultaneous last hangings in England, as well as the last in Scotland and the last in Northern Ireland. However, Dernley’s counterpart in this execution is a different Harry Allen, from Birmingham.

‡ “As assistant your job will be to strap [the prisoner’s] ankles and get yourself off the trap; the number one will do everything else,” Dernley had been told at his training the year before. “If you’re still mucking about when he’s ready, the number one will tap you on the shoulder and then you don’t bugger about … you get off or go down — and it’s a nasty drop even if you haven’t got a rope round your neck.”

§ Dernley was Pierrepoint’s assistant for the hanging of Timothy Evans, for a murder that, three years later, would be imputed to a serial killer living in his building. Dernley’s autobiography backs the government’s whitewash conclusion that Evans was probably guilty too on the weak grounds that Evans didn’t declared his innocence at his hanging.

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2011: Chen Weijun, rapist karaoke man

Add comment November 22nd, 2014 Headsman

On this date in 2011, China executed a karaoke bar proprietor in Zhejiang province for a rape spree.

Not to be confused with his documentary filmmaker countryman, Chen Weijun “targeted young innocent middle-school girls after seducing them with money and violently threatening them,” said the official report. “He raped 14 Lishui middle-school girls, including nine children, in cars, karaoke bars, hotels and underground parking lots.” (The legal definition of a “child” here is 14 years old, which is why some students were and some were not.)

The crimes occurred from 2007 to 2009, but the context of the execution itself was a whole spate of recent unsettling special-victims-unit stories … like the peasant who raped over 100 women, and the firefighter who kept six sex slaves in his basement dungeon.

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1922: Benny Swim, “dead as a door-nail” (or not)

Add comment October 6th, 2014 Headsman

On this date in 1922, Benny Swim suffered a double hanging for a double murder.

Benny Swim(m) grew up on a squalid backwoods farm in the New Brunswick “badlands” where violence and moonshine were as ubiquitous as poverty: “the poorest human beings I have ever met in a civilized country,” in the words of an English observer who chanced to meet the story’s principals on a hunting trip before they made the crime headlines.

According to a somewhat lurid 1981 Toronto Star profile, Benny was “a moody, difficult boy who didn’t get along at home” and left school at age 12 after attacking a crowd of bullying schoolmates with a knife.

His cruel life’s best comfort was an incestuous passion for his cousin Olive Swim(m).

Olive did not leave her cousin’s lust unrequited — Olive’s father said the two lived as de facto man and wife for a year and a half — but neither was she faithful to the jealous Benny. Our visiting hunting party discovered that firsthand when one of its number took Olive out for a drive and parked with her. Before they could get to steaming up the windshield, a gunshot ripped through it, fortuitously harming neither. “Benny, Benny, don’t shoot again!” Olive cried as she leapt out of the adulterous conveyance.

In February-March of 1922, 17-year-old Olive became so infatuated with a former soldier that she ran off and married him, moving away and refusing to receive her former paramour. Benny met in his customary way the turn of his fortunes: he got himself a revolver and went to see the newlyweds making no attempt to disguise his intentions.

Harvey Trenholm he surprised chopping woods in the snow and shot him dead in the face. A screaming Olive he met at the door of her new home as she attempted to flee, and shot her in the chest, and then, as she staggered away from her assailant, in the back. “It’s awful what a woman can bring a man to do,” the killer would later remark.

The only person on the scene whom he couldn’t manage to kill was himself. His suicide shot failed to penetrate his skull and lodged under the skin. The sheriff found him, following the trail of bloody snow from the crime scene, recuperating at a neighboring farm. “Sheriff, this is awful,” Swim said to him. “I suppose I will hang for it.”

And how.

With the regular hangmen unavailable, they hired a guy named Doyle from Montreal to conduct the execution at the Carleton County Jail in Woodstock.

Doyle, who claimed to have several hangings on his resume, conducted Benny to the scaffold and, at 5:06 a.m., dropped him as the the prisoner was in the midst of reciting the Lord’s Prayer. One eight-foot fall later, and it was another zipless kill for the cocksure Doyle. “Splendid job ain’t it?” Doyle boasted. “The man is as dead as a door-nail.”

What Doyle lacked in professional decorum, he also lacked in professional competence.

Though Swim was unconscious, the fall had not broken his neck — and the hangmen then proceeded to blithely cut the “dead” man down without leaving him to dangle long enough to ensure death. When the body was laid out back in its cell as prison staff set about attending to the posthumous necessaries, the doctor designated to certify death discovered a pulse. And breathing. He soon enough, coughing and choking sounds. The pulse was growing stronger — the doctor believed he could bring Benny back around.

A hushed argument then followed in the little cell over the essence of the judicial sentence “hanged by the neck until dead.”* The sheriff, possibly considering the enormously embarrassing fallout no less than the letter of the law, carried the day. Two ministers, who had been singing hymns with Benny Swim minutes beforehand, helped the assistant hangman, a fellow named Gill, carry the still-insensible man back to the gallows and propped him up for a second noosing. (Doyle, whose indecorous remarks had been overheard by the general public peeping at the hanging over the jailyard walls,** was spirited away within the jail for fear that he might stand to join the ranks of lynched executioners. He remained in protective custody for much of the day, and was at last secretly escorted back to a train station and sent home to Montreal.)

Public fury at the affair, and the scandalous word-of-mouth reports of hangman Doyle’s behavior, conspired to make the late double murderer into an object of pity. Benny’s funeral, noted The Press (Oct. 17, 1922), was “very largely attended. There were 150 teams in the procession. The large number of people attending … testified to the disgust of the community against hanging, a relic of the dark ages.”

* “It is clear that if, upon judgment to be hanged by the neck until he is dead, the criminal be not thoroughly killed, but revives, the sheriff must hang him again. For the former hanging was no execution of the sentence.” -Blackstone

** Woodstock’s jail was hardly constructed with steady gallows-traffic in mind. “The yard is small, bordering on the street and there is nothing to obstruct the view of the public from what takes place therein,” ran one report at the time. “The Swim hanging would have been hardly more public if the scaffold had been erected on the street.”

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1829: George Swearingen, Maryland sheriff

Add comment October 2nd, 2014 Headsman

On this date in 1829, George Swearingen, late the sheriff of Washington County, Md., was hanged for murder.

Swearingen murdered his wife after he became infatuated with a woman of ill repute. To savor this tawdry tale, we’re going to reprise our periodic endorsements of our friend (and occasional guest-blogger) Robert Wilhelm at Murder by Gaslight.

Here are a few morsels from the fall of George Swearingen to whet the appetite:

Mary was away from her marital duties for at least six months and George had to find other ways to meet his needs. In his words, “I occasionally visited those houses of libertinism and chambering, which, Solomon declares to be ‘the way to hell leading down to the chambers of death.’

Hmm.

One night he caught her in an amorous embrace with another young man, a Mr. G—. As a result, the two men fought a duel. Orlando Haverley was killed, and Rachel went to live with the victor.

And then there’s this Huck Finn interlude.

George and Rachel both fled Maryland; first travelling together, then separating, planning to meet in New Orleans. Rachel, travelling by steamboat, probably passed George who, travelling under the name Martin, was floating down the Mississippi in a flatboat.

And competing interpretations of troubling forensic evidence.

Swearingen’s defense attorney, John L. M’Mahon explained that Mary had suffered from “leuco phlegmatic temperament” which made her liable to spontaneous uterine hemorrhaging. Her doctor had advised her to refrain from sex — explaining why George strayed in the first place. The condition also explained why she appeared to have been raped before death. For good measure, he speculated that Charity Johnson had attacked the body with a broomstick to implicate Swearingen as a rapist.

Read the whole thing here.

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2006: Sheikh Zana, Erbil terrorist

1 comment September 21st, 2014 Headsman

On this date in 2006, the government of Kurdistan hanged eleven members of an alleged “terrorist cell” in its capital of Erbil.

Sheikh Z(h)ana Abdel Karim Barzinji and his gang “were involved in kidnapping and killing innocent people,” per media accounts, and security forces made sure to provide to television statements dubiously adulterated videotapes of confessions they had wrung from the group. The confessions copped to beheadings and bomb attacks, as well as to gay sex and child rape.

It was the first known judicial execution in Kurdistan since it attained functional autonomy in 1992 — but authorities still delayed it in deference to the moratorium on executions in Iraq immediately following the U.S. invasion. When Baghdad resumed executions in September 2006, Erbil went ahead and did so as well.

Victoria Fontan, a scholar of peace and conflict studies resident in Iraq, remembered her horror at watching with Kurdish friends the stagey confession broadcast in her Voices from Post-Saddam Iraq: Living with Terrorism, Insurgency, and New Forms of Tyranny. In particular, Fontan takes note of the incendiary gay-baiting used to demonize the accused, a shaming tactic she has noted in widespread use against insurgents on Iraqi television.

This was coming at a time when Erbil had just suffered an especially bloody suicide attack, and residents were demanding answers and more security. Because I had heard of similar homosexual accusations related to al-Qaeda before, my reaction was a mix of amusement and skepticism. A gay/pedophile/Islamist/terrorist network: how convenient to discredit any insurgent effort for years to come …

The entire city was waiting for the confessions, which finally came in the most sordid of manners, interrupted with footage of gay sex, executions, and much gore. The fact that the confessions were intermittent, cut off abruptly at times, that the images of gay sex supposed to have been filmed by Sheikh Zana and his group could have been filmed by anyone even after the culprits’ arrest — in the same way that some were filmed in Abu Ghraib — was not relevant at all to the viewers of this show. My friend Rowand and his family were mesmerized and disgusted. When I expressed my skepticism, they politely dismissed it. This footage appealed to the deepest of Iraqi collective fears, the fear of being exposed as a homosexual.

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1971: Victor Apaza Quispe, Arequipa folk saint

Add comment September 17th, 2014 Headsman

From Frank Graziano’s Cultures of Devotion: Folk Saints of Spanish America:


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.”

Book CoverThe 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.

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1418: Beatrice di Tenda

Add comment September 13th, 2014 Headsman

On this date in 1418, the Duke of Milan annulled his marriage at the headsman’s block.

Beatrice (English Wikipedia entry | Italian) was initially the wife of the condottiero Facino Cane, a brutal but successful warrior who gained de facto control of the Duchy of Milan when it was inherited by a teenage Duke.

That teen’s younger brother, Filippo Visconti, spent the early 1400s packed away in Pavia, sickly and marginal, wondering which of the deadly machinations of state playing out above him might unexpectedly come crashing down on his own head. It seems doubtful that Beatrice ever had reason to give the little twerp a thought.

Delivery for Filippo came in May 1412. Big brother was assassinated while Facino Cane lay dying and suddenly the 19-year-old called the shots in Milan. In his day, he would become known as a cunning and cruel tyrant, and would make Milan the dominant power in northern Italy.

And it all was possible because of May 1412, which not only elevated Filippo but widowed our principal Beatrice. From her puissant late husband she inherited 400,000 ducats and huge … tracts of land. Her virtues could hardly fail to appeal to the whelp of a Duke, even at twenty years his senior; indeed, it was Cane himself who sketched out this succession plan from his deathbed.

It seems, however, that having taking possession of the wealth and legitimacy that came with Beatrice’s hand, Filippo soon grew irritated with the rest of her — enough so that he at last determined to put her aside. His paranoid Excellency wasn’t the quietly-retire-you-to-a-monastery type; instead, he went for the full Anne Boleyn.

Accusing his consort of consorting with a young troubadour in her court, Michele Orombelli, Filippo had the accused cuckold and two of Beatrice’s handmaidens tortured until they produced the requisite confession/accusation of faithlnessness. Upon that basis he had Orombelli and Beatrice di Tenda both beheaded at the castle of Binasco. A plaque placed there to commemorate the spurned wife is still to be seen today.


(cc) image from Jk4u59.

Bellini’s second-last opera was based on this tragic story. Beatrice di Tenda premiered in 1833; it’s noteworthy in Bellini’s biography because deadline disputes in its composition ruined the composer’s longstanding collaboration with librettist Felice Romani.

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1877: Leon Vitalis, inamorato

2 comments August 17th, 2014 Harry Brodribb Irving

(Thanks to Harry Brodribb Irving for the guest post, originally published in his Book of Remarkable Criminals. Some formatting has been adjusted for readability. -ed.)

In the May of 1874, in the town of Montpellier, M. Boyer, a retired merchant, some forty-six years of age, lay dying. For some months previous to his death he had been confined to his bed, crippled by rheumatic gout. As the hour of his death drew near, M. Boyer was filled with a great longing to see his daughter, Marie, a girl of fifteen, and embrace her for the last time. The girl was being educated in a convent at Marseilles. One of M. Boyer’s friends offered to go there to fetch her. On arriving at the convent, he was told that Marie had become greatly attracted by the prospect of a religious life. “You are happy,” the Mother Superior had written to her mother, “very happy never to have allowed the impure breath of the world to have soiled this little flower. She loves you and her father more than one can say.”

Her father’s friend found the girl dressed in the costume of a novice, and was told that she had expressed her desire to take, one day, her final vows. He informed Marie of her father’s dying state, of his earnest wish to see her for the last time, and told her that he had come to take her to his bedside. “Take me away from here?” she exclaimed. The Mother Superior, surprised at her apparent reluctance to go, impressed on her the duty of acceding to her father’s wish. To the astonishment of both, Marie refused to leave the convent. If she could save her father’s life, she said, she would go, but, as that was impossible and she dreaded going out into the world again, she would stay and pray for her father in the chapel of the convent, where her prayers would be quite as effective as by his bedside. In vain the friend and the Mother Superior tried to bend her resolution.

Happily M. Boyer died before he could learn of his daughter’s singular refusal. But it had made an unfavourable impression on the friend’s mind. He looked on Marie as a girl without real feeling, an egoist, her religion purely superficial, hiding a cold and selfish disposition; he felt some doubt as to the future development of her character.

M. Boyer left a widow, a dark handsome woman, forty years of age.

Some twenty years before his death, Marie Salat had come to live with M. Boyer as a domestic servant. He fell in love with her, she became his mistress, and a few months before the birth of Marie, M. Boyer made her his wife. Madame Boyer was at heart a woman of ardent and voluptuous passions that only wanted opportunity to become careless in their gratification. Her husband’s long illness gave her such an opportunity. At the time of his death she was carrying on an intrigue with a bookseller’s assistant, Leon Vitalis, a young man of twenty-one. Her bed-ridden husband, ignorant of her infidelity, accepted gratefully the help of Vitalis, whom his wife described as a relative, in the regulation of his affairs. At length the unsuspecting Boyer died. The night of his death Madame Boyer spent with her lover.

The mother had never felt any great affection for her only child.

During her husband’s lifetime she was glad to have Marie out of the way at the convent. But the death of M. Boyer changed the situation. He had left almost the whole of his fortune, about 100,000 francs, to his daughter, appointing her mother her legal guardian with a right to the enjoyment of the income on the capital until Marie should come of age. Madame Boyer had not hitherto taken her daughter’s religious devotion very seriously. But now that the greater part of her husband’s fortune was left to Marie, she realised that, should her daughter persist in her intention of taking the veil, that fortune would in a very few years pass into the hands of the sisterhood. Without delay Madame Boyer exercised her authority, and withdrew Marie from the convent. The girl quitted it with every demonstration of genuine regret.

Marie Boyer when she left the convent was growing into a tall and attractive woman, her figure slight and elegant, her hair and eyes dark, dainty and charming in her manner. Removed from the influences of convent life, her religious devotion became a thing of the past. In her new surroundings she gave herself up to the enjoyments of music and the theatre. She realised that she was a pretty girl, whose beauty well repaid the hours she now spent in the adornment of her person.

The charms of Marie were not lost on Leon Vitalis.

Mean and significant in appearance, Vitalis would seem to have been one of those men who, without any great physical recommendation, have the knack of making themselves attractive to women. After her husband’s death Madame Boyer had yielded herself completely to his influence and her own undoubted passion for him. She had given him the money with which to purchase a business of his own as a second-hand bookseller. This trade the enterprising and greedy young man combined with money-lending and he clandestine sale of improper books and photographs.

To such a man the coming of Marie Boyer was a significant event. She was younger, more attractive than her mother; in a very few years the whole of her father’s fortune would be hers. Slowly Vitalis set himself to win the girl’s affections. The mother’s suspicions were aroused; her jealousy was excited. She sent Marie to complete her education at a convent school in Lyons. This was in the April of 1875. By this time Marie and Vitalis had become friendly enough to arrange to correspond clandestinely during the girl’s absence from home. Marie was so far ignorant of the relations of Vitalis with her mother.

Her daughter sent away, Madame Boyer surrendered herself with complete abandonment to her passion for her lover. At Castelnau, close to Montpellier, she bought a small country house. There she could give full rein to her desire.

To the scandal of the occasional passer-by she and her lover would bathe in a stream that passed through the property, and sport together on the grass. Indoors there were always books from Vitalis’ collection to stimulate their lascivious appetites. This life of pastoral impropriety lasted until the middle of August, when Marie Boyer came home from Lyons.

Vitalis would have concealed from the young girl as long as he could the nature of his relations with Madame Boyer, but his mistress by her own deliberate conduct made all concealment impossible. Whether from the utter recklessness of her passion for Vitalis, or a desire to kill in her daughter’s heart any attachment which she may have felt towards her lover, the mother paraded openly before her daughter the intimacy of her relations with Vitalis, and with the help of the literature with which the young bookseller supplied her, set about corrupting her child’s mind to her own depraved level.

The effect of her extraordinary conduct was, however, the opposite to what she had intended. The mind of the young girl was corrupted; she was familiarised with vice. But in her heart she did not blame Vitalis for what she saw and suffered; she pitied, she excused him. It was her mother whom she grew to hate, with a hate all the more determined for the cold passionless exterior beneath which it was concealed.

Madame Boyer’s deliberate display of her passion for Vitalis served only to aggravate and intensify in Marie Boyer an unnatural jealousy that was fast growing up between mother and daughter.

Marie did not return to the school at Lyons. In the winter of 1875, Madame Boyer gave up the country house and, with her daughter, settled in one of the suburbs of Montpellier. In the January of 1876 a theft occurred in her household which obliged Madame Boyer to communicate with the police. Spendthrift and incompetent in the management of her affairs, she was hoarding and suspicious about money itself. Cash and bonds she would hide away in unexpected places, such as books, dresses, even a soup tureen.

One of her most ingenious hiding places was a portrait of her late husband, behind which she concealed some bearer bonds in landed security, amounting to about 11,000 francs. One day in January these bonds disappeared. She suspected a theft, and informed the police. Three days later she withdrew her complaint, and no more was heard of the matter. As Marie and Vitalis were the only persons who could have known her secret, the inference is obvious.

When, later in the year, Vitalis announced his intention of going to Paris on business, his mistress expressed to him the hope that he would “have a good time” with her bonds. Vitalis left for Paris. But there was now a distinct understanding between Marie and himself. Vitalis had declared himself her lover and asked her to marry him. The following letter, written to him by Marie Boyer in the October of 1876, shows her attitude toward his proposal:

I thank you very sincerely for your letter, which has given me very great-pleasure, because it tells me that you are well. It sets my mind at rest, for my feelings towards you are the same as ever. I don’t say they are those of love, for I don’t know myself; I don’t know what such feelings are. But I feel a real affection for you which may well turn to love. How should I not hold in affectionate remembrance one who has done everything for me? But love does not come to order. So I can’t and don’t wish to give any positive answer about our marriage — all depends on circumstances. I don’t want any promise from you, I want you to be as free as I am. I am not fickle, you know me well enough for that. So don’t ask me to give you any promise. You may find my letter a little cold. But I know too much of life to pledge myself lightly. I assure you I think on it often. Sometimes I blush when I think what marriage means.

Madame Boyer, displeased at the theft, had let her lover go without any great reluctance. No sooner had he gone than she began to miss him. Life seemed dull without him. Mother and daughter were united at least in their common regret at the absence of the young bookseller.

To vary the monotony of existence, to find if possible a husband for her daughter, Madame Boyer decided to leave Montpellier for Marseilles, and there start some kind of business. The daughter, who foresaw greater amusement and pleasure in the life of a large city, assented willingly. On October 6, 1876, they arrived at Marseilles, and soon after Madame bought at a price considerably higher than their value, two shops adjoining one another in the Rue de la Republique. One was a cheese shop, the other a milliner’s.

The mother arranged that she should look after the cheese shop, while her daughter presided over the milliner’s. The two shops were next door to one another. Behind the milliner’s was a drawing-room, behind the cheese shop a kitchen; these two rooms communicated with each other by a large dark room at the back of the building. In the kitchen was a trap-door leading to a cellar. The two women shared a bedroom in an adjoining house.

Vitalis had opposed the scheme of his mistress to start shop-keeping in Marseilles. He knew how unfitted she was to undertake a business of any kind. But neither mother nor daughter would relinquish the plan. It remained therefore to make the best of it.

Vitalis saw that he must get the business into his own hands; and to do that, to obtain full control of Madame Boyer’s affairs, he must continue to play the lover to her. To the satisfaction of the two women, he announced his intention of coming to Marseilles in the New Year of 1877. It was arranged that he should pass as a nephew of Madame Boyer, the cousin of Marie. He arrived at Marseilles on January 1, and received a cordial welcome.

Of the domestic arrangements that ensued, it is sufficient to say that they were calculated to whet the jealousy and inflame the hatred that Marie felt towards her mother, who now persisted as before in parading before her daughter the intimacy of her relations with Vitalis.

In these circumstances Vitalis succeeded in extracting from his mistress a power of attorney, giving him authority to deal with her affairs and sell the two businesses, which were turning out unprofitable. This done, he told Marie, whose growing attachment to him, strange as it may seem, had turned to love, that now at last they could be free. He would sell the two shops, and with the money released by the sale they could go away together.

Suddenly Madame Boyer fell ill, and was confined to her bed. Left to themselves, the growing passion of Marie Boyer for Vitalis culminated in her surrender. But for the sick mother the happiness of the lovers was complete. If only her illness were more serious, more likely to be fatal in its result! “If only God would take her!” said Vitalis. “Yes,” replied her daughter, “she has caused us so much suffering!”

To Madame Boyer her illness had brought hours of torment, and at last remorse.

She realised the duplicity of her lover, she knew that he meant to desert her for her daughter, she saw what wrong she had done that daughter, she suspected even that Marie and Vitalis were poisoning her. Irreligious till now, her thoughts turned to religion. As soon as she could leave her bed she would go to Mass and make atonement for her sin; she would recover her power of attorney, get rid of Vitalis for good and all, and send her daughter back to a convent.

But it was too late. Nemesis was swift to overtake the hapless woman. Try as he might, Vitalis had found it impossible to sell the shops at anything but a worthless figure. He had no money of his own, with which to take Marie away. He knew that her mother had resolved on his instant dismissal.

As soon as Madame Boyer was recovered sufficiently to leave her bed, she turned on her former lover, denounced his treachery, accused him of robbing and swindling her, and bade him go without delay.

To Vitalis dismissal meant ruin, to Marie it meant the loss of her lover. During her illness the two young people had wished Madame Boyer dead, but she had recovered. Providence or Nature having refused to assist Vitalis, he resolved to fall back on art. He gave up a whole night’s rest to the consideration of the question.

As a result of his deliberations he suggested to the girl of seventeen the murder of her mother. “This must end,” said Vitalis. “Yes, it must,” replied Marie. Vitalis asked her if she had any objection to such a crime. Marie hesitated, the victim was her mother. Vitalis reminded her what sort of a mother she had been to her. The girl said that she was terrified at the sight of blood; Vitalis promised that her mother should be strangled. At length Marie consented. That night on some slight pretext Madame Boyer broke out into violent reproaches against her daughter. She little knew that every reproach she uttered served only to harden in her daughter’s heart her unnatural resolve.

On the morning of March 19 Madame Boyer rose early to go to Mass.

Before she went out, she reminded Vitalis that this was his last day in her service, that when she returned she would expect to find him gone.

It was after seven when she left the house. The lovers had no time to lose; the deed must be done immediately on the mother’s return. They arranged that Vitalis should get rid of the shop-boy, and that, as soon as he had gone, Marie should shut and lock the front doors of the two shops.

At one o’clock Madame Boyer came back. She expressed her astonishment and disgust that Vitalis still lingered, and threatened to send for the police to turn him out. Vitalis told the shop-boy that he could go away for a few hours; they had some family affairs to settle. The boy departed. Madame Boyer, tired after her long morning in the town, was resting on a sofa in the sitting-room, at the back of the milliner’s shop. Vitalis entered the room, and after a few heated words, struck her a violent blow in the chest. She fell back on the sofa, calling to her daughter to come to her assistance. The daughter sought to drown her mother’s cries by banging the doors, and opening and shutting drawers. Vitalis, who was now trying to throttle his victim, called to Marie to shut the front doors of the two shops.

To do so Marie had to pass through the sitting-room, and was a witness to the unsuccessful efforts of Vitalis to strangle her mother. Having closed the doors, she retired into the milliner’s shop to await the issue. After a few moments her lover called to her for the large cheese knife; he had caught up a kitchen knife, but in his struggles it had slipped from his grasp. Quickly Marie fetched the knife and returned to the sitting-room.

There a desperate struggle was taking place between the man and woman. At one moment it seemed as if Madame Boyer would get the better of Vitalis, whom nature had not endowed greatly for work of this kind. Marie came to his aid. She kicked and beat her mother, until at last the wretched creature released her hold and sank back exhausted. With the cheese knife, which her daughter had fetched, Vitalis killed Madame Boyer.

They were murderers now, the young lovers. What to do with the body? The boy would be coming back soon. The cellar under the kitchen seemed the obvious place of concealment. With the help of a cord the body was lowered into the cellar, and Marie washed the floor of the sitting-room. The boy came back. He asked where Madame Boyer was. Vitalis told him that she was getting ready to return to Montpellier the same evening, and that he had arranged to go with her, but that he had no intention of doing so; he would accompany her to the station, he said, and then at the last moment, just as the train was starting, slip away and let her go on her journey alone. To the boy, who knew enough of the inner history of the household to enjoy the piquancy of the situation, such a trick seemed quite amusing. He went away picturing in his mind the scene at the railway station and its humorous possibilities.

At seven o’clock Vitalis and Marie Boyer were alone once more with the murdered woman. They had the whole night before them.

Vitalis had already considered the matter of the disposal of the body. He had bought a pick and spade. He intended to bury his former mistress in the soil under the cellar. After that had been done, he and Marie would sell the business for what it would fetch, and go to Brussels — an admirable plan, which two unforeseen circumstances defeated. The Rue de la Republique was built on a rock, blasted out for the purpose. The shop-boy had gone to the station that evening to enjoy the joke which, he believed, was to be played on his mistress.

When Vitalis tried to dig a grave into the ground beneath the cellar he realised the full horror of the disappointment. What was to be done? They must throw the body into the sea. But how to get it there?

The crime of Billoir, an old soldier, who the year before in Paris had killed his mistress in a fit of anger and cut up her body, was fresh in the recollection of Vitalis. The guilty couple decided to dismember the body of Madame Boyer and so disfigure her face as to render it unrecognisable. In the presence of Marie, Vitalis did this, and the two lovers set out at midnight to discover some place convenient for the reception of the remains. They found the harbour too busy for their purpose, and decided to wait until the morrow, when they would go farther afield. They returned home and retired for the night, occupying the bed in which Madame Boyer had slept the night before.

On the morning of the 20th the lovers rose early, and a curious neighbour, looking through the keyhole, saw them counting joyously money and valuables, as they took them from Madame Boyer’s cash-box. When the shop-boy arrived, he asked Vitalis for news of Madame Boyer. Vitalis told him that he had gone with her to the station, that she had taken the train to Montpellier, and that, in accordance with his plan, he had given her the slip just as the train was starting. This the boy knew to be false: he had been to the station himself to enjoy the fun, and had seen neither Vitalis nor Madame Boyer. He began to suspect some mystery.

In the evening, when the shops had been closed, and he had been sent about his business, he waited and watched. In a short time he saw Vitalis and Marie Boyer leave the house, the former dragging a hand-cart containing two large parcels, while Marie walked by his side. They travelled some distance with their burden, leaving the city behind them, hoping to find some deserted spot along the coast where they could conceal the evidence of their crime. Their nerves were shaken by meeting with a custom-house officer, who asked them what it was they had in the cart. Vitalis answered that it was a traveller’s luggage, and the officer let them pass on. But soon after, afraid to risk another such experience, the guilty couple turned out the parcels into a ditch, covered them with stones and sand, and hurried home.

The next day, the shop-boy and the inquisitive neighbour having consulted together, went to the Commissary of Police and told him of the mysterious disappearance of Madame Boyer. The Commissary promised to investigate the matter, and had just dismissed his informants when word was brought to him of the discovery, in a ditch outside Marseilles, of two parcels containing human remains. He called back the boy and took him to view the body at the Morgue. The boy was able, by the clothes, to identify the body as that of his late mistress.

The Commissary went straight to the shops in the Rue de la Republique, where he found the young lovers preparing for flight. At first they denied all knowledge of the crime, and said that Madame Boyer had gone to Montpellier. They were arrested, and it was not long before they both confessed their guilt to the examining magistrate.

Vitalis and Marie Boyer were tried before the Assize Court at Aix on July 2, 1877. Vitalis is described as mean and insignificant in appearance, thin, round-backed, of a bilious complexion; Marie Boyer as a pretty, dark girl, her features cold in expression, dainty and elegant. At her trial she seemed to be still so greatly under the influence of Vitalis that during her interrogatory the President sent him out of court. To the examining magistrate Marie Boyer, in describing her mother’s murder, had written, “I cannot think how I came to take part in it. I, who wouldn’t have stayed in the presence of a corpse for all the money in the world.”

Vitalis was condemned to death, and was executed on August 17. He died fearful and penitent, acknowledging his miserable career to be a warning to misguided youth. Extenuating circumstances were accorded to Marie Boyer, and she was sentenced to penal servitude for life. Her conduct in prison was so repentant and exemplary that she was released in 1892.

M. [Louis] Proal, a distinguished French judge, and the author of some important works on crime, acted as the examining magistrate in the case of Vitalis and Marie Boyer. He thus sums up his impression of the two criminals:

Here is an instance of how greed and baseness on the one side, lust and jealousy on the other, bring about by degrees a change in the characters of criminals, and, after some hesitation, the suggestion and accomplishment of parricide, Is it necessary to seek an explanation of the crime in any psychic abnormality which is negatived to all appearances by the antecedents of the guilty pair? Is it necessary to ask it of anatomy or physiology? Is not the crime the result of moral degradation gradually asserting itself in two individuals, whose moral and intellectual faculties are the same as those of other men, but who fall, step by step, into vice and crime? It is by a succession of wrongful acts that a man first reaches the frontier of crime and then at length crosses it.

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