Posts filed under 'Theft'
December 19th, 2014
Dapper highwayman James Whitney was hanged at Smithfield on this date in 1694.
A monument to the allures and the perils of a midlife career change, Whitney threw over a tiresome life as the proprietor of an inn in Cheshunt, Hertfordshire,* purchased with his liquidation the accoutrements of the gentleman thief, and took to the road.
“Captain” Whitney — he had no right to the rank he appropriated for himself — was one of those stickup men who greatly esteemed the pose of honor associated with his new calling. On one occasion, he relieved a gentleman traveler of a large sack of silver on Newmarket Heath, but when his victim pleaded the length of his journey Whitney opened the bag to its former owner with an invitation to take what he would need.
The man plunged his hands in and hauled out as much as they would carry, leading Whitney to remark with a smile, “I thought you would have had more conscience, sir.”
In another fine caper (there are more of them assembled here) Whitney told a man to stand and deliver, only to have the traveler reply that he was about to say the same back to him. The two robbers laughed at their encounter and went their separate ways, but Whitney later chanced to turn up at the same inn as his so-called brother plunderer and overhear him regaling his fellows with the tale of having outwitted a highwayman by pretending to be one of the same profession.
Whitney stalked the man and a companion out of the hostel the next morning and this time robbed them successfully: “You should have kept your secret a little longer, and not have boasted so soon of having outwitted a thief. There is now nothing for you but to deliver or die!” Nobody likes your stories anyway, you blowhard.
True, James Whitney ended his adventure at the gallows: death is the fate of us all. From his day to ours, folk toiling away the ceaseless lonesome days between ashes and ashes have understood the soul’s stirring to exalt their scant mortal hours with deeds of valor and romance and derring-do. And as Whitney himself is said to have remarked to a miser whose lucre he was seizing, “Is it not more generous to take a man’s money from him bravely, than to grind him to death by exacting eight or ten per cent, under cover of serving him?”**
Nobody knows any of James Whitney’s peers in the publican guild, but as Captain Whitney he joined England’s most legendary gentleman outlaw in verse.
When Claude du Val was in Newgate thrown,
He carved his name on the dungeon stone;
Quoth a dubsman, who gazed on the shattered wall,
“You have carved your epitaph, Claude du Val,
Du Val was hanged, and the next who came
On the selfsame stone inscribed his name;
“Aha!” quoth the dubsman, with devilish glee,
“Tom Waters, your doom is the triple tree!”
Within that dungeon lay Captain Bew,
Rumbold and Whitney — a jolly crew!
All carved their names on the stone, and all
Share the fate of the brave Du Val!
Full twenty highwaymen blithe and bold,
Rattled their chains in that dungeon old:
Of all that number there ‘scaped not one
Who carved his name on the Newgate Stone.
* The George Inn. A map search does yield a The George in Cheshunt; whether this is actually the same facility where our famous highwayman once earned a lawful keep, I have not been able to establish.
** Parables from this golden age of highwaymen often place in the mouths of outlaws sharp critiques of their targets, who despite putative respectability turn out upon examination to be far more deeply corrupt than the dashing adventurer. See for example Old Mobb.
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Entry Filed under: 17th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Outlaws,Public Executions,Theft
Tags: 1690s, 1694, december 19, highwayman, james whitney, smithfield
December 9th, 2014
Most judges are content to inflict their atrocities with a gavel, but on this date in 1578, a magistrate turned freebooter named Kort Kamphues was beheaded at Bevergern.
Just a few months before his July 1553 death, Prince-Bishop Franz von Waldeck set Kamphues up for his interesting career arc by appointing him Stadtrichter of Coesfeld.
Kamphues’s overbearing presumptions on the perquisites of that sinecure, coming on more than one occasion to physical violence, led other city leaders to petition unsuccessfully for his removal in 1569.
But his attempt in 1572 to assemble a mercenary army on the pretext of getting involved in Spain’s war in the Netherlands led to a definitive break with Coesfeld — which tried to arrest him, and then outlawed him when he escaped with his armed posse into the Westphalian countryside.
For several years, Kamphues and gang marauded merrily until a clumsy bid to frighten a new Coesfeld magistrate led to an arson attack on the city. Kort Kamphues was captured on June 19, 1578, and tortured into confessing to arson, banditry, and breaching the peace — gaining a permanent place in folklore at the small expense of his head.
The Kamphues Dagger, a beautiful 14th century artifact later documented in the Coesfeld treasury, is supposed on sketchy evidence to have been captured from this brigand.
A replica of the Kamphues Dagger, at the city museum in Walkenbrückentor. (cc) image from Günter Seggebäing.
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Entry Filed under: 16th Century,Arson,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Germany,History,Judges,Lawyers,Outlaws,Public Executions,Theft,Torture
Tags: 1570s, 1578, coesfeld, december 9, kort kamphues, names
November 28th, 2014
Sri Lankan national Sanjaya Rowan Kumara was hanged on this date in 2006 at Kuwait’s Central Prison for murdering a woman while robbing her house.
He was pronounced dead and cut down within eight minutes. But …
medics who transported his body to a morgue said they noticed he was still moving, Al-Qabas daily reported.
Forensic experts were immediately called to examine the body and they confirmed that “there was some weak pulse in his heart,” the daily said.
The examination was repeated several times and each time “the dead body showed some signs of life,” Al-Qabas quoted unnamed medical sources as saying.
“They eventually pronounced him completely dead at 1400 hours local time,” five hours after his hanging, the sources said.
The justice ministry refused to comment on the report but head of the criminal execution department, Najeeb al-Mulla, who supervised the hanging, told Al-Watan newspaper the report was “baseless.”
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Entry Filed under: 21st Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Executions Survived,Hanged,Kuwait,Murder,Racial and Ethnic Minorities,Theft
Tags: 2000s, 2006, november 28, sanjaya rowan kumara
November 16th, 2014
The legendary Highlands freebooter Jamie Macpherson was hanged on this date in 1700 in Banff.
Macpherson is said to be an illegitimate half-Gypsy child with every talent necessary to live larger than life — and if gigantism can be inferred from the size of his enormous alleged sword, that would be extremely large indeed.
Besides his elite SPARQ score, Macpherson was blessed with complementary gifts for making music and sweet sweet love, and plundered livestock and merchandise and maidenheads as he sprang through the vicinities of Banff and Aberdeen. Despite living by his prowess with the sword every source concurs that he never used it to harm anyone that the audience would sympathize with.
But he outraged the local grandees, and at length he was apprehended (as befits his outsized tale) by a fellow with the improbable name “Duff of Braco” — then was duly condemned to hang on market-day (“Forasmeikle as you James McPherson, pannal are found guilty by ane verdict of ane assyse, to be knoun, holden, and repute to be Egiptian and a wagabond” etc.).
In the week before his hanging, Macpherson reportedly composed an air variously described as “Macpherson’s Lament” or “Rant” or “Farewell” which he then performed on the gallows.
In the most picturuesque version, he played his own fiddle in this exit performance, then dramatically smashed the instrument. As Chambers’s Journal observes, it seems hard to accept that the sheriff would have given this veritable Goliath the free use of his hands at such a desperate moment. Indeed, local legend has it that the authorities were so afraid that a reprieve might arrive that upon catching sight of an approaching rider on the horizon, they put the town’s clocks 15 minutes forward.
At any rate, several versions of the Lament/Rant/Farewell survive and one can follow its evolution in this open-source Annals of Banff. Robert Burns’s eventually immortalized the verse with this gloss on it from the late 18th century:
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Entry Filed under: 17th Century,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Famous Last Words,Hanged,History,Outlaws,Public Executions,Racial and Ethnic Minorities,Scotland,Theft
Tags: 1700, 1700s, banff, jamie macpherson, november 16, poetry, robert burns
November 14th, 2014
On this date in 1864, German tailor Franz Muller hanged before an unruly London mob estimated near 50,000 angry souls.
Muller was among Britain’s last public hangings, before executions disappeared behind prison walls four years later. But what he’d done was a first, and father to a legion of detective novels and dinner theater: Muller committed the first murder on a British train.
Certainly Muller’s motive was as pedestrian as his locomotion was unusual, for the victim was a 69-year-old banker who was relieved of a gold watch and gold spectacles, then pitched out of his compartment onto an embankment on a North London commuter train.
This operation was facilitated and — so conceived a public that was spellbound by the crime — poor Mr. Thomas Briggs’s escape prevented by the then-prevalent use of the compartment coach, a railcar design without any interior corridor communicating between the berths. As each compartment opened only to the outside, passengers were stuck in their rooms between stations (and ticket-takers had to scuttle hazardously along exterior running-boards). Known in much of Europe as the English coach, these designs would quickly lose popularity thanks in part to this very affair.*
In a sense, these spaces just translated into the industrial era the age-old terrors that stalked travelers. It must be this that accounts for the extraordinary interest the public took in Briggs and Muller: in a sealed compartment, face to face with a desperate man, one would be as nakedly vulnerable as the lone rider on the roads of yesteryear quailing at the shadow of Dick Turpin. London businessmen did not expect such harrowing encounters on their daily commute.
A reward soon yielded a tip that put police onto this working-class immigrant Muller — the man sure ticked every box for a proper moral panic — who had dropped into a Cheapside jeweler’s** shop two days after the murder to exchange a gold chain (later identified as Briggs’s chain), and hopped a ship to New York soon thereafter. Inspectors took a faster ship and beat him to the Big Apple. He still had Briggs’s watch and top hat on his person, the latter ingeniously cut down.†
In a recent book
about Briggs’s murder, Kate Colquhoun argues
that despite the verdict, Britons “never quite felt they got to the bottom of” why the murder occurred
. It’s commonly supposed that Muller didn’t intend to slay his victim and perhaps didn’t even realize he had done so.
Muller’s disarmingly amiable personality contrasted sharply with the circumstantial but persuasive evidence of a violent bandit; he struck the men who awaited him in New York as having been genuinely surprised by his arrest. Muller himself denied his guilt throughout a breathlessly reported three-day trial and even pressed for a stay of execution claiming to have developed new evidence of his innocence.
There was no stay, and only at the very last moment before the drop fell did the condemned youth succumb to the pressure of the German-speaking Lutheran clergyman who had been his companion in the last days to confess himself of the crime with the words Ich habe es getan.
Rev. Louis Cappel, whose immediate public announcement of this solemn unburdening played better as theater than as ministry, later explained in a letter to the London Times‡ (Nov. 16, 1864) that
the unhappy man declared he was innocent not while, but before, the Sacrament was being administered to him. Soon after entering his cell on the last morning I asked Muller again whether he was guilty of this murder. He denied it. I then said, “Muller, the moments are precious; we must turn our minds wholly to God; I shall question you no more about this, but my last words to you will be, ‘Are you innocent?'”
He remained silent for a minute or two, but presently exclaimed, his eyes full of tears, and clasping his arms round my neck, “Do not forsake me; stay with me to the last.”
* As a stopgap safety measure in the following years, before the widespread introduction of cars with interior corridors, existing compartment coaches were fitted with peepholes (called “Muller’s lights”) between compartments as well as wires enabling passengers to ring the alarm
** Submitted without comment: the jeweler’s name was John Death.
† Muller’s truncated-top-hat design actually enjoyed a brief fashion vogue that became named for him as a “Muller cut-down”.
‡ Consonant with the growing elite consensus on the matter, half the Times‘ execution coverage — a full column and a half of newsprint — was dedicated to excoriating the “lawless ruffianism” of the jeering hang-day mob.
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Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,England,Execution,Hanged,History,Language,Milestones,Murder,Pelf,Popular Culture,Public Executions,Racial and Ethnic Minorities,Theft
Tags: 1860s, 1864, franz muller, london, newgate, newgate prison, november 14, thomas briggs
November 3rd, 2014
On this date in 1697, nine men hanged at Tyburn — all for property crimes.
Three were highway robbers. A fourth was a coiner. A fifth was a pickpocket. A sixth was a husbandman who stole a gelding.
The remaining three men, Thomas Houghton, Francis Cook and Francis Salisbury, operated a ring selling vellum paper bearing counterfeit sixpenny impressed duty stamps.
Their offense was against a 1694 levy titled “An act for granting to Their Majesties several duties on Vellum, Parchment and Paper for 10 years, towards carrying on the war against France”. This statute (full text here) imposed taxes of varying amounts for any number of a huge variety of officially-registered business. Routine commercial transactions now almost universally came with a rake for the taxman: “every skin or piece of vellum or parchment, or sheet of paper, upon which shall be ingrossed or written any indenture, lease, or deed-poll” had to be executed with a sixpenny stamp.
As a practical matter, such skins or pieces of vellum or parchment were sold pre-stamped, the stamp to be canceled by the parties in question when they signed on the line which is dotted. And it was this market that Houghton, Cook, and Salisbury exploited.
While counterfeiting the specie could be held to imperil the kingdom so dangerously to rate as treason, this trio’s “counterfeiting” was just everyday white-collar siphoning. By forging a bogus sixpenny stamp and applying it to sheafs of contract-ready vellum that they could sell at market rates, they got the revenue-agent’s cut — not the crown. (The scam is described in their Newgate Calendar entry, which inexplicably gives short shrift to Francis Cook.)
Though the “war against France” named by the stamp bill — the War of the League of Augsburg or the Nine Years’ War — had ended weeks before even the hangings we mark on this date, the lucrative levy long outlasted it. In the following century, England revived this type of tax often, notably in 1712 expanding it to encompass printed publications like newspapers and pamphlets. Hey, just require anything printed on paper to have a royal stamp on it — easy! This habit would eventually create the 1765 Stamp Act so obnoxious to North American colonists in the run-up to the American Revolution.
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Entry Filed under: 17th Century,Capital Punishment,Common Criminals,Counterfeiting,Crime,Death Penalty,England,Execution,Hanged,History,Mass Executions,Pelf,Public Executions,Theft
Tags: 1690s, 1697, francis cook, francis salisbury, london, november 3, stamp act, stamp tax, thomas houghton, Tyburn
October 20th, 2014
Murderer Owen McQueen(e)y was hanged on this date in 1858 at Gallows Flat down the road from Old Geelong Gaol.
McQueeney, a wandering Irish robber with one distinctively sightless eye, committed something called the “Green Tent Murder” which consisted of the slaying of the pretty proprietress of a structure that went by that name.
The Green Tent was a grocery and tavern serving Australia’s ample population of itinerant gold-hunters in the environs of Meredith, Victoria — specifically the environs of present-day Green Tent Road.
Fresh off a jail term for horse-rustling, McQueeney turned up at the ‘Tent in July 1858 and began creepily haunting the pleasing mistress with the well-proportioned stock shelves.
Until, for no known provocation save plunder, McQueeney murdered the widow owner Elizabeth Lowe and fled.
The poor woman’s body was chanced upon soon thereafter and travelers’ reports of a dead-eyed and overladen swag-man making tracks for Geelong soon zeroed the search in on the desperado, still carrying Ms. Lowe’s incriminatingly distinctive property.
McQueeney, who was noted for his obnoxious bravado from the moment of his first police examination all the way to condemnation evidently labored until almost the very last “under the infatuation that he would yet be reprieved … on the ground of the great aversion entertained by a large class of people to capital punishment under any circumstances. This belief of his in the morbid sympathies of his fellow-creatures, there can be no doubt, induced him to the last to disown his crime” even though he admitted to many other ones. Nevertheless, he continued his irascible act all the way to the noose, griping at the executioner for holding him too tight and pulling the hood down too soon.
Notwithstanding (or better owing to) his notoriety, McQueeney was sought out posthumously by a crippled woman, who besought the indulgence of the sheriff to touch McQueeney’s dead hands to her own in hopes of obtaining a curative from the legendary power of the hanged man’s hand.
Modeled on London’s Pentonville Prison, Old Geelong Gaol — officially HMS Prison Geelong — hosted six executions in its initial incarnation from the 1850s to the 1860s. Two occurred within its walls; McQueeney’s and three others took place in a paddock a few hundred meters away.
Old Geelong Gaol was converted in 1865 to an “industrial school” for street urchins, and 12 years after that into a prison-hospital. The dusty old place, famous for is spartan amenities resumed life as a working gaol after World War II and only closed in 1991 — but never had another hanging after the 1860s. Today it is open for public tours, complete with gallows exhibit.
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Entry Filed under: 19th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Public Executions,Racial and Ethnic Minorities,Theft
Tags: 1850s, 1858, elizabeth lowe, geelong, green tent murder, october 20, old geelong gaol, owen mcqueeney
October 19th, 2014
On this date in 1660, the English soldiers Francis Hacker and Daniel Axtel(l) were executed for their roles in keeping the captured King Charles I, and for eventually seeing that late king to his beheading.
No hapless grunt, Hacker was a committed Roundhead even though most of his family stayed loyal to the Stuarts. When captured by the royalists at Leicester, Hacker “was so much prized by the enemy as they offered him the command of a choice regiment of horse to serve the king.”
Hacker disdainfully turned it down.
And as the wheel of fortune turned, the king would become Hacker’s prize. It was Hacker who commanded the detail of 32 halberdiers who marched the deposed monarch into Westminster Hall on January 20, 1649 to begin a weeklong trial — and a whole new historical era of parliamentary ascendancy.
Ten days later, when Charles was led out for beheading outside the Banqueting House, it was Hacker who escorted him. Hacker might have escaped even this much participation with his own life after the restoration of Charles’s son and heir, but it came out that he had even written, with Cromwell, the order to the executioner.
(It was an order that one of his comrades that day had very presciently refused to set his own hand to; come 1660, Hercules Huncks would owe his life to this refusal.)
Detailed view (click for a larger image) of an illustration of the king’s beheading. On the right of the scaffold, character “D” sporting a natty scabbard is Francis Hacker.
It’s a funny little thing to lose your life over, because — narrowly considered — it was nothing but a bit of bureaucracy. Hacker et al had been given from above a commission for the king’s death. On the occasion of the execution they had to convey from their party to the executioner a secondary writ licensing the day’s beheading.
But monarchs asserting divine prerogative certainly do not take such a view of mere paperwork.
“When you come to the Person of the King, what do our Law Books say he is? they call it, Caput Reipublicae, salus Populi, the Leiutenant of God”
-The regicides’ judge, delivering sentence
Huncks refusing to set his hand to this death warrant, it was Cromwell himself who personally dashed it off, then handed it to Hacker, who fatally countersigned it, just before the execution proceeded.
Meanwhile, Hacker’s subaltern Daniel Axtell razzed Huncks for chickening out. Axtell, who seemingly would be right at home in the kit of your most hated sports club, was indicted a regicide for his gauche fan behavior during the king’s trial, several times inciting soldiers (on pain of thrashing, per testimony in 1660) to chant for the king’s condemnation, whilst bullying any onlookers who dared to shout for Charles into silence.
Hacker did not bother to mount a defense; the verdicts were foreordained by political settlement.
Axtell argued superior orders, a defense best-known to us for its unsuccessful use by Nazis at Nuremberg but one which actually boasts a long history of failing to impress:
the Parliament, thus constituted, and having made their Generals, he by their Authority did constitute and appoint me to be an Inferior Officer in the Army, serving them in the quarters of the Parliament, and under and within their power; and what I have done, my Lord, it hath been done only as a Souldier, deriving my power from the General, he had his power from the Fountain, to wit, the Lords and Commons; and, my Lord, this being done, as hath been said by several, that I was there, and had command at Westminster-hall; truly, my Lord, if the Parliament command the General, and the General the inferiour Officers, I am bound by my Commission, according to the Laws and Customs of War to be where the Regiment is; I came not thither voluntarily, but by command of the General, who had a Commission (as I said before) from the Parliament. I was no Counsellor, no Contriver, I was no Parliament-man, none of the Judges, none that Sentenced, Signed, none that had any hand in the Execution, onely that which is charged is that I was an Officer in the Army.
Sounding equally modern, the court replied:
You are to obey them in their just commands, all unjust commands are invalid. If our Superiours should command us to undue and irregular things (much more if to the committing of Treason) we are in each Case to make use of our passive not active Obedience.*
The two men were drawn from Newgate to Tyburn this date and hanged.
Axtell was quartered, the customary fate of those regicides who had been put to death all the week preceding. Hacker, however, enjoyed the favor of hanging only, and was delivered and “was, by his Majesties great favour, given entire to his Friends, and buried” — perhaps because so many of Hacker’s family had remained true to Charles.
“If I had a thousand lives, I could lay them all down for the Cause”
-Axtell, at his execution
* Axtell’s trial has a good deal of detailed bickering over the superior-orders defense, but the court itself did also take pains to differentiate the things Axtell did as an officer, such as commanding troops (for which Axtell was not charged) — and his going the extra mile and surely beyond his commission to shout for the king’s death.
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Entry Filed under: 17th Century,Capital Punishment,Death Penalty,Drawn and Quartered,England,Execution,Hanged,History,Notable for their Victims,Politicians,Power,Public Executions,Revolutionaries,Soldiers,Theft
Tags: 1660, 1660s, charles i, daniel axtell, English Civil War, francis hacker, london, october 19, regicide, Tyburn
October 11th, 2014
On this date in 1593, Nuremberg executioner Franz Schmidt beheaded one of that city’s finest con artists.
Gabriel Wolff, a burgher’s son, had gone on a picaresque swindling bender through central Europe and all the way to Constantinople, posing as a V.I.P. in various courts for fun and profit.
As Schmidt recounted it, Wolff first “called himself George Windholz, Secretary to the Elector at Berlin, also took the name of Ernst Haller and Joachim Furnberger, borrowed 1,500 ducats from a councillor here in Nuremberg by means of a forged letter in the Elector’s name and under the seal of the Margrave John George in Berlin; was arrested at Regensburg and delivered over to Nuremberg.”
And this was far from all.
The inveterate trickster had made off with 1,400 crowns from the Duke of Parma in the Netherlands and fled to Ottoman Turkey. He had had a misadventure with an Italian abbess, netting a silver clock for his trouble; conned a Knight of St. John out of his mount; and ensconced himself as the Habsburg emperor’s personal attendant in Prague, where he perpetrated “many other frauds, causing false seals of gentlemen to be cut, wrote many forged documents and was conversant with seven languages; carrying on this for twenty-four years.” In his time he got the best of “a councilor at Danzig, the count of Ottingen, his lord at Constance, two merchants at Danzig, a Dutch master,” and similar worthies crisscrossing Europe from Lisbon to Crete to Krakow to London and seemingly every point worth mentioning in between.
As Schmidt’s biographer observes, it’s more than likely that the crowd under the scaffold beheld Wolff with admiration as much as opprobrium, for this native son’s silver tongue and brass balls had enabled him to spend a lifetime in material luxury, hobnobbing with the masters of Europe — and certainly ensured him an afterlife in pleasurable folklore he could scarcely have conjured had he spent his days respectably haggling for a better price on the ell. Frankly, we in drab modernity could ourselves do with a Gabriel Wolff book.
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Entry Filed under: 16th Century,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Germany,History,Pelf,Public Executions,Theft
Tags: 1590s, 1593, franz schmidt, gabriel wolff, nuremberg, october 11
September 11th, 2014
Eighty-five years ago today, the state of Georgia executed a gentleman whose most remarkable characteristic to his contemporaries was that he was the onetime Chief of Police of Cleveland, Tenn. — and most remarkable characteristic to posterity is that his name was Homer Simpson.
Despite the inevitable cartoonish riffs in this here post, the Homer Simpson case was a shocking and controversial one. When Simpson was returned to his native Cleveland four days after he died in Georgia’s electric chair, a reported 10,000 souls crowded the funeral, predominantly sharing the sentiment that Simpson’s own father expressed in a subsequent book, The Life and Fate Of Homer C. Simpson: The Man Who Was Electrocuted for a Crime He Did Not Commit.
That father, Jake Simpson, had been a Tennessee legislator who had the opportunity during his single term to cast the decisive vote* cementing not only Tennessee’s ratification, but also nationwide constitutional adoption, of women’s suffrage.
Homer’s vision was not as sharp as his dad’s.
Adrift after a Republican electoral wave swept him out of the sheriff’s office, Homer accepted the invitation of a World War I buddy to hop a train to Jacksonville, Fla. for a dubious “job” just over the Georgia border.
The “job” for Homer was to pose as a wealthy land-buyer in order to lure a local banker off to a lonely property where he could be trussed up while the conspirators emptied his vaults. It was supposed to be a bloodless robbery, but the victim, Carl Arp Perry, energetically fought back when they pulled a gun on him and that army buddy Malcolm Morrow shot him three times.
The bleeding Perry was loaded back into the “buyer’s” car to raid the bank to the tune of $4,600. This was supposed to be the easy part — nobody had a plan B for a mortally wounded man bleeding out in the back. Panicking, they fled back to their safehouse in Jacksonville with Perry still in tow but wrecked one of the two getaway cars. Homer — and again, this man is a former police chief — pulled Perry out and deposited him in the brush near the accident, bustling with his two confederates past a Good Samaritan who had pulled over to find out what was wrong.
The three fled the scene. The Samaritan brought the expiring Carl Perry to a hospital and summoned the police. Perry was a goner but he held on long enough to give John Law a detailed description of that night’s events and of his assailants.
We can see already that former Rep. Jake Simpson’s book implies a far surer claim on innocence than the bare facts might permit for a disinterested observer.
The core argument Simpson pere et fils advanced by way of mitigation was that Homer had no intention of hurting anyone, did not shoot Carl Perry himself, and indeed pled with Morrow at the critical moment to stop firing at their prisoner.
This point does not lack moral weight; in its time, it helped to support a push for a new trial or executive clemency.
As a legal matter, however, Simpson’s fate was determined by the felony murder rule which made all parties to the bank robbery scheme jointly culpable for the homicide that arose out of it. This standard has made a fair few non-triggerman accomplices with even lesser participation than our man here eligible for execution in the U.S. right down to the present day.
And there’s an anti-Simpson case to make as well, beginning with the part where he comes from several states away (bringing guns along with him) and continuing to the part where however sincerely he desired Perry not be shot, he utterly failed to aid Perry once the shooting had occurred. For the state, the acme was dumping the injured man out of the wrecked automobile, presumably to die. (Simpson’s angle was that they were removing him from a dangerous spot and with other drivers stopping Perry was sure to receive aid. So actually, see, they helped him.)
Days before they were to die, Malcolm Morrow unexpectedly confessed to being the sole triggerman in a vain attempt to save his old friend. “I shot Perry and I am willing to take the blame. If Simpson dies for the crime for which I, alone, am responsible, he will be getting a tough break at the hands of the law.” And the governor even took a personal meeting with both men’s mothers hours before the execution.
But there was no relief for either prisoner.
On the day that both Morrow and Simpson were electrocuted, Simpson’s hometown paper The Banner published a last goodbye.
To my dear friends at dear old Cleveland who have been faithful in your efforts to help me: I want to thank each one of you for your kindness in all that has been done both in your petitions and letters, and your faithful prayers. But dear ones it looks like that all is in vain and there seems to be no mercy for me.
After the good jury signed the petition for me and also wrote personal letters in my behalf, and the Chief Justice and his associate justice wrote letters and also went in person to the governor, and said I did not have a fair trial, and also said that according to the laws of the state of Georgia that I did not deserve the death penalty, after all this was done, with the good petitions and letters, and good prayers, I felt encouraged. But after all it looks like I will have to say goodbye to you dear ones.
Now dear kind friends I love you all and appreciate your kindness, but it seems that the time has come when you can do no more for me, and now my last request of you is that please do what you can to comfort and cheer my dear kind old Dad, and my precious darling mother, my sweet sisters and dear brothers, who have been so faithful and done everything that they can do.
He’s buried back home in Fort Hill Cemetery
Homer Simpson’s case has enjoyed a bit of present-day rediscovery. There’s an online book dedicated it; titled The Grave: Murder in the Deep South, it traces Carl Perry’s story and that of his family. A Simpson descendant was also recently reported to be working on a book titled Homer Simpson Must Die.
* Tennessee was the 36th and final state necessary to ratify the 19th Amendment, and the measure carried in Tennessee by one vote: every vote was by definition decisive. The decisivest, though, was that of Harry Burns, who switched his vote at the 11th hour under pressure from his mother.
Also on this date
Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Electrocuted,Execution,Georgia,History,Murder,Pelf,Theft,USA
Tags: 1920s, 1929, carl perry, homer simpson, malcolm morrow, names, september 11