Posts filed under 'Wrongful Executions'

1944: A Dutch Kapo named Raphaelson

1 comment September 27th, 2014 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On an unspecified Saturday afternoon in September 1944, a Dutch Jew was hanged before a crowd of thousands in Blechhammer, a Nazi forced-labor camp that was a subcamp of Monowitz, which was in turn a subcamp of Auschwitz.

Witness Israel J. Rosengarten, describing the event forty-five years later, identified the executed man as “Raphaelson” and described him as “about twenty-four years old … a very capable carpenter.”

Yad Vashem’s Central Database of Shoah Victims’ Names includes an entry for a Rudolf Israel Raphaelsohn that seems to fit: he was born in Berlin in 1922, spent the war in the Netherlands, and perished in Blechhammer in 1944. His individual page of testimony describes his occupation as “sawmill owner.” This is probably, but not definitely, our man.

Rosengarten wrote about Raphaelson’s execution in his book Survival: The Story of a Sixteen-Year-Old Jewish Boy, published in 1999. According to him, Raphaelson was a Kapo, meaning he had certain privileges and a position of leadership over other Jews in the camp, sort of like a prison trusty.

He met his death through sheer bad luck.

By 1944, Blechhammer was being bombed by the Americans on a regular basis. As Rosengarten records,

Book CoverThis Kapo had seen a bomb lying on the ground, which had not exploded. It was split open, but the mechanism had not detonated. The Kapo saw a yellow powder lying in the middle of the split bomb. He obviously did not realize it was dynamite. Because we had no washing powder in the camp, he got the idea of smuggling some of that yellow powder into the camp in a parcel to see if it could be used as a washing powder.

While he was busy taking the powder in, he was caught by an SS man. He was whipped until he fell down. Next, when he came into the camp he was sent to the Politische Abteilung. The SS of the political department drew up a protocol in which it was stated that Raphaelson … had “plundered” the dynamite and that he had done it with the intention of committing “sabotage.” His deed was stamped as a “terror against the Third Reich.” Raphaelson was then forced to sign the statement.

And then … the SS let him go.

He was not relieved of his position as Kapo. He was not transferred to a punishment detail. A whole four weeks passed by and the incident was never mentioned, and the inmates, who had enough to worry about in their difficult day-to-day existence, forgot all about it.

Raphaelson’s execution took everyone completely by surprise. Everyone came back to camp after a hard day’s work and noticed the SS were all in dress uniform and parading them around as if some important holiday was being celebrated.

The inmates weren’t allowed to go to their barracks as normal. Instead they were assembled in the center of camp, where a gallows had been set up.

It turned out the confession Raphaelson had been signed had been sent all the way up to the leadership of Auschwitz for them to decide what to do about it, and they had taken their time. Only now, a month later, had the SS in Blechhammer gotten their answer, and now the “saboteur” had to pay the price for his “crime.”

“The whole thing,” Rosengarten noted sardonically, “had the appearance of a lawful trial and a truly democratic tribunal.” He happened to be standing in the front row, so had an intimate view of the proceedings:

After a very long wait, the stool was pushed away from under his feet with a firm kick. A panicked chill passed through us as if time were falling away. But then it seemed the rope was not holding. Suddenly, it broke in two. Raphaelson fell unhurt to the ground. Everybody present stood amazed.

We all hoped now that Raphaelson would be given mercy because of that unusual event. But such a thing was, of course, unthinkable for the SS. The rope was repaired and once again the boy was placed on the stool. Again it was kicked away. But the unbelieveable happened again! The rope broke in two a second time!

A sort of providence seemed to have insinuated itself. Everything we saw was so unusual, so unreal! But the Nazis did not give up. For the third time, the Kapo was placed upon the stool, and the noose was put around his neck. Because of what had happened, Raphaelson came more and more to his senses. He seemed to be more clearly aware of what was going on. All of the sudden he yelled, “Friends! Do not lose courage! Those who today want to murder us will themselves soon be kaput!” The two SS who stood next to him could not believe what they were hearing. “Hold your beak, you!” they shouted. Quickly they again kicked the stool away. And then Raphaelson sank down. For a couple of long minutes we had to look him in the eyes. After that, he was no longer among the living.

After Raphaelson finally expired, the six thousand prisoners were required to stand there another fifteen minutes, then march around the scaffold so everyone could see him. “Only after this,” Rosengarten recorded, “were we allowed to crawl quietly and dejectedly to our barracks.”

Israel Rosengarten survived several concentration camps and death marches before he was liberated in Buchenwald on April 11, 1945. By then, he was near death from starvation and exhaustion.

After he recovered his health he went home to Belgium and discovered he was, at eighteen years of age, the sole survivor of his large family.

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1692: The Salem witch trials’ last hangings

Add comment September 22nd, 2014 Headsman

This date in 1692 saw the last executions of the Salem witch trials.

Eight souls hanged from sturdy trees at Gallows Hill on the occasion:

  • Mary Easty (or Eastey)
  • Alice Parker
  • Mary Parker
  • Ann Pudeator
  • Wilmot Redd
  • Margaret Scott
  • Samuel Wardwell

As well as:

  • Martha Corey, days after her husband Giles was horribly pressed to death for refusing to recognize the court’s legitimacy by lodging any plea

This group of mostly older women (and one man who married an older widow) had, like their predecessors over the course of 1692, been the victims of wailing children charging them (with afflicted histrionics to match) as supernatural malevolents — and of the credulity of their neighbors and judges.

The latter was, at least, eroding by this point in time.

Shortly before her execution this day, Mary Easty addressed to the court a dignified petition less for her own life than for the safety of everyone else who might come under her honorable judges’ scrutiny — indicted as it stood by Easty’s own certitude of her innocence.

To the honorable judge and bench now sitting in judicature in Salem and the reverend ministers, humbly sheweth that whereas your humble poor petitioner being condemned to die doth humbly beg of you to take it into your judicious and pious consideration that your poor and humble petitioner, knowing my own innocency (blessed by the Lord for it) and seeing plainly the wiles and subtlety of my accusers by myself, cannot but judge charitably of others that are going the same way with myself if the Lord step not mightily in.

I was confined a whole month on the same account that I am now condemned for, and then cleared by the afflicted persons, as some of your honors know. And in two days time I was cried out upon by them, and have been confined and am now condemned to die.

The Lord above knows my innocency then and likewise doth now, as at the Great Day will be known to men and angels.

I petition to your honors not for my own life, for I know I must die, and my appointed time is set.

But the Lord He knows it is, if it be possible, that no more innocent blood be shed, which undoubtedly cannot be avoided in the way and course you go in.

I question not but your honors do to the utmost of your powers in the discovery and detecting of witchcraft, and witches, and would not be guilty of innocent blood for the world. But by my own innocency I know you are in the wrong way.

The Lord in his infinite mercy direct you in this great work, if it be His blessed will, that innocent blood be not shed.

I would humbly beg of you that your honors would be pleased to examine some of those confessing witches, I being confident that there are several of them have belied themselves and others, as will appear, if not in this world, I am sure in the world to come, whither I am going.

And I question not but yourselves will see an alteration in these things. They say myself and others have made a league with the Devil; we cannot confess. I know and the Lord He knows (as will shortly appear) they belie me, and so I question not but they do others. The Lord alone, who is the searcher of all hearts, knows that I shall answer it at the Tribunal Seat that I know not the least thing of witchcraft, therefore I cannot, I durst not belie my own soul.

I beg your honors not to deny this my humble petition for a poor dying innocent person, and I question not but the Lord will give a blessing to your endeavors.

Mary Easty

As she herself foresaw, Easty’s petition availed her own self nothing — but her judges would soon feel the rebuke Easty voiced.

Exactly why the Salem witch trials started when they did, and ended when they did, has always been a speculative matter. This occasion was a mere 15 weeks after the first Salem witch hanging. It was the largest single mass-hanging of the affair, and it brought the body count to 19 or 20, depending on whether you count Giles Corey. (His death by pressing wasn’t technically an “execution,” merely the violent termination of his life by a legally constituted judicial process.)

The snowballing investigation, sweeping up dozens more accused besides just those executed, was making people uneasy. It surely hastened the end of the hysteria that the little accusers started pointing their witch — notably at the wife of Massachusetts Gov. William Phip(p)s.

Phips had initially established the special Court of Oyer and Terminer that was finding his little colony honeycombed with necromancy. Now considering his creature to be run amok and targeting “several persons who were doubtless innocent,” Phips stopped proceedings in October — first, by barring so-called “spectral evidence” (which was tantamount to barring the trials altogether since kids claiming to be tormented by underworld spirits was the only evidence on hand); and on October 29, dissolving the court altogether and prohibiting further arrests.

A special court established to try the remaining 52 cases in January of 1693 acquitted 49 of the prisoners; the rest, and all those still in jail for witchcraft, were pardoned by May of 1693. Within just a few years, jurors and judges and even accusers issued public mea culpas for hanging the Salem “witches”.

The original witch-court’s Judge William Stoughton joined Cotton Mather in pridefully refusing to acknowledge the injustice they had helped to author.* Among most others, it would very quickly become shamefully understood that Salem had done the accused witches a very great wrong.

John Hale, the Puritan minister of nearby Beverly, Mass. — and like Gov. Phips a man who had had his own wife chillingly accused by one of the “possessed” brats — would later write a book ruminating on “the nature of witchcraft” (like Mary Easty, he wasn’t quite ready to give up the concept categorically). In it, he notes the forehead-slapping indicia of the witches’ innocence — and if we dock him points for obtaining his wisdom retrospectively, we might also consider as motes in our own jaundiced eyes the ridiculous non-evidence and overlooked exculpations that have served to seat men and women on the mercy chair in our own time.

It may be queried then, How doth it appear that there was a going too far in this affair?

Answer I. — By the number of persons accused. It cannot be imagined, that, in a place of so much knowledge, so many, in so small a compass of land, should so abominably leap into the Devil’s lap, — at once.

Ans. II. — The quality of several of the accused was such as did bespeak better things, and things that accompany salvation. Persons whose blameless and holy lives before did testify for them; persons that had taken great pains to bring up their children in the nurture and admonition of the Lord, such as we had charity for as for our own souls, — and charity is a Christian duty, commended to us in 1 Cor. xiii, Col. iii.14, and many other places.

Ans. III. — The number of the afflicted by Satan daily increased, till about fifty persons were thus vexed by the Devil. This gave just ground to suspect some mistake.

Ans. IV. — It was considerable, that nineteen were executed, and all denied the crime to the death; and some of them were knowing persons, and had before this been accounted blameless livers. And it is not to be imagined but that, if all had been guilty, some would have had so much tenderness as to seek mercy for their souls in the way of confession, and sorrow for such a sin.

Ans. V. — When this prosecution ceased, the Lord so chained up Satan, that the afflicted grew presently well: the accused are generally quiet, and for five years since we have no such molestation by them.

In 300-odd years since September 22, 1692 on Gallows Hill, nobody else has been executed for witchcraft in the United States.

* Stoughton clashed with Phips to the extent of actually ordering in January 1693 the executions of old sentences that had been stayed for pregnancies or other reasons. Phips immediately blocked them, causing Stoughton to resign the bench.

Stoughton was no ordinary magistrate: he was also the sitting Lieutenant Governor, and would succeed Phips as the head man in Massachusetts. Had he been the man with executive power at the time all this toil and trouble bubbled over, considerably more than 20 souls might have been lost to the madness.

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1946: Ernst Lohmeyer, theologian

Add comment September 19th, 2014 Headsman

On this date in 1946, the Soviets occupying East Germany executed Bible scholar Ernst Lohmeyer.

A fifty-five-year-old professor when the NKGB whisked him out of his apartment without explanation to his dumbfounded wife, Lohmeyer (English Wikipedia entry | German) was an important Protestant theologian of the interwar period with a knack for eschewing the opportunistic choice.

By refusing to disavow Jewish associates, his academic career got derailed in the 1930s, despite his producing influential critical commentary on the Gospel of Mark;* by patriotically serving in the Wehrmacht despite his reservations about the Third Reich, he set himself up to profile as an undesirable after World War II.

For a long time, Lohmeyer’s fate was, if not difficult to guess, obscure in its particulars. Not until 1957 was his execution in a forest near Hanshagen officially confirmed; he had been condemned by a military tribunal for participating in the German occupation of Sloviansk even though he wasn’t personally associated with any known atrocities.

The post-Soviet Russian state officially exonerated Lohmeyer in 1996. The University of Greifswald, where Lohmeyer was teaching when arrested, has a theology faculty building named for him.

* Lohmeyer postulated that the Gospel of Mark reflected a contemporary-to-the-evangelist (that is, post-Jesus) conflict between Christian communities in different locales, and that Mark himself was associated with Galilee’s Christians and therefore structured his narrative to exalt this location.

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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 CaneFacino 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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1914: Seven retreating Frenchmen, with surprising results

Add comment September 7th, 2014 Headsman

One hundred years ago today, during the Battle of the Marne, seven French soldiers were shot without trial for retreating. Most of the resources about this Gallic tragedy are in French, and so are most of the links in today’s post.

The French book Fusille Vivant traces the life of Francois Waterlot, a prolific correspondent who wrote some 250 letters after surviving this date’s execution, before finally dying at the front the following year.

All were enlistees of France’s 327th Infantry Regiment. On the night of September 6, German shelling panicked their sister 270th Regiment into a disorderly retreat away from the front lines. That rout ran right into the 327th, behind them, and panicked that regiment too.

Further in the army’s rear, by the hubbub awoke from his farmhouse bivouac division commander Gen. Rene Boutegourd. Boutegard had a simple solution, and ordered seven of the soldiers caught away from their posts to be executed the next morning by way of example. While the war’s later years would feature notoriously unfair courts-martial with predetermined sentences, Gen. Boutegourd didn’t even see the need to pay that much tribute to procedural regularity in this case.

The Battle of the Marne was still ongoing, and the situation in the field, pre-trench warfare, was fluid. Shoot them out of hand and be done with it! Then, the rest of the division will understand the consequences of unauthorized retreat.

Barbieux, Caffiaux, Clement, Delsarte, Dufour, Hubert, and Watrelot were stupefied to learn that they suddenly had mere hours left to live.

According to a postwar newspaper article — printed in 1922, when the bizarre case came to public attention and led to a posthumous pardon — they immediately began pleading for their lives. “Put us in the first wave of the next attack, but I beg you not to subject us to French balls,” Delsarte cried.

In those opening weeks of what was supposed to be a short war, with men’s minds still half at home in the pleasurable prewar idyll, the cruel frequency of the execution pour l’exemple had not yet set its stamp on things. The first such instance had occurred only the week before.

Maybe the men detailed to kill the “deserters” were equally stunned: it is hard to put down the results of the shootings merely to the uncertainties of technology or the hardiness of flesh and bone.

Palmyr Clement survived the fusillade and only died two agonizing days later from his firing squad injuries. This is a bizarre outcome even for those occasional cases where a fellow survives the scaffold. Implicit in such a fate is that there was no coup de grace administered after the volley. Is this oversight intentional — even an expression of distaste for the justice of the sentence soldiers had been tasked with visiting on their comrades?

And could distaste extend so far as an intentional or an indifferent failure of marksmanship by the firing details?

Such doubtful speculation can point to Francois Waterlot, who did Clement one better: he survived the execution full stop (dropping to the ground with the volley even though he was actually uninjured) and returned to the ranks, dying in battle on June 10, 1915. This uncommon feat earned him the nickname “le fusillé vivant”, “the shot alive” (somewhat literally) or “the living corpse” (more to the sense of it). That sobriquet is the title of a French book about Waterlot.

France executed about 600 of her own soldiers during World War I, the second-most (to Italy) of all belligerents in that conflagration. There is a great deal about this particular execution on this French page.

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1683: Lord Russell, Whig martyr

Add comment July 21st, 2014 Headsman

On this date in 1683 at Lincoln’s Inn Fields in London the great Whig parliamentarian William, Lord Russell was beheaded with a legendary want of dexterity by Jack Ketch.

The third son of the Earl (later Duke) of Bedford, Lord Russell emerged from a decade of comfortable obscurity in the Parliament’s back benches to become a leading exponent of the nascent Whigs* opposed to royal absolutism and to Catholicism — two heads of the same coin, for the Whigs, given that the heir presumptive James had controversially converted to Catholicism.

The national freakout from 1678 over an alleged “Popish Plot” to undo Old Blighty gave Russell his cause; his leadership of the resulting parliamentary bid to exclude James from royal succession made the gregarious Russell “the governing man in the House of Commons”.

Lord Russell was a man of great candour, and of general reputation; universally beloved and trusted; of a generous and obliging temper,” his friend Gilbert Burnet recorded of our man. “He had given such proofs of an undaunted courage and of an unshaken firmness, that I never knew any man have so entire a credit in the nation as he had.”

Russell was, Burnet allowed, “a slow man, and of little discourse, but he had a true judgment, when he considered things at his own leisure: his understanding was not defective; but his virtues were so eminent, that they would have more than balanced real defects, if any had been found in the other.”

Chief among those virtues was his wholehearted sincerity for his cause — a passion the source of both his renown, and his destruction. Russell was heard to espouse the view that James ought not merely be excluded from succession, but executed like his father.

Matters never quite approached that point, but the crisis provoked by the Exclusion Bill firebrands led King Charles II to dissolve parliament in 1681, depriving the Whigs of their legal perch. In the ensuing years politics played out not as legislation but conspiracy, and the crown’s rather more successful harassment of same: many of the chief Whig actors were driven offstage to scaffolds, dungeons, or continental exile.

The half-dozen most eminent Whigs remaining — to whom, besides Lord Russell, we number the king’s illegitimate son Monmouth, the Earl of Essex, Baron Howard of Escrick,** Algernon Sidney, and John Hampden† — formed a sort of informal Council of Six who met secretly to consider the bad options available to the fractured Whig movement. Some section of the wider Whig network in which this Council operated turned eventually to considering the most desperate of measures.

Their Rye House Plot schemed to waylay and assassinate the royal person near a fortified manor handily on the king’s route back to London from the Newmarket races. It was owned then by a radical former soldier of Cromwell‘s New Model Army.

It has been long debated to what extent any of the top Whigs knew of or actively participated in this Guy Fawkesian plot, or its complement, a projected armed rising of the sort that Monmouth would indeed mount in 1685. One school of thought is that the Tories seized it as an expedient to eviscerate the remaining Whig leadership by conflating the entire movement with a regicidal scheme; another is that the Whig insistence upon its martyrs’ innocence — and Lord Russell is the chief man in this pantheon — has amounted to a fantastic propaganda coup.‡

In June 1683, a salter who was in on the Rye House planning got a cold sweat and informed on the Whigs. This backstab earned a royal pardon for himself, and started a familiar policing sequence of incriminated conspirators turning crown’s evidence and informing in their turn on the next part of the network.

Many of the Whigs fled to the Netherlands, received there by the House of Orange which would seat itself on the English throne inside of six years.

Lord Russell, however, refused to fly. He landed in the Tower of London by the end of the month, to face trial as a traitor on the evidence of his association with other Whigs and his entertaining the plan of raising an armed revolt. The judge’s summation to the jury even underscored that “You have not Evidence in the Case as there was [in other Rye House cases] against the Conspirators to kill the King at the Rye. There was a direct Evidence of a Consult to kill the King, that is not given you in this Case: This is an Act of contriving Rebellion, and an Insurrection within the Kingdom, and to seize his Guards, which is urged an Evidence, and surely is in itself an Evidence, to seize and destroy the King.”

Lord Russell’s case shifted around the fringes of actual innocence — those plans for Insurrection within the Kingdom, he said, occurred sometimes at meetings he happened to attend but only off on the side, or without Lord Russell’s own involvement or support. (Speaking from the scaffold, he would several times insist that his acts were at worst misprision of treason, which was no longer a capital crime at this point.)

Against this the crown produced Lord Howard, a cravenly interested party to be sure, who saved his own skin by testifying that the six-headed cabal was down to planning the specifics of the places where a rebellion might best be stirred up, the procurements of arms and bankroll that would be necessary to same, and how to draw Scotland into the fray as an ally. “Every one knows my Lord Russell is a Person of great Judgment, and not very lavish in Discourse,” Howard allowed on the point of Russell’s active assent to the plans. “We did not put it to the Vote, but it went without Contradiction, and I took it that all there gave their Consent.”

David Hume would observe in his History of Great Britain that Russell’s “present but not part of it” parsing didn’t make for a very compelling story. “Russell’s crime fell plainly under the statute … his defence was very feeble.”


Detail view (click for the full image) of an 1825 painting of Lord Russell’s trial, commissioned of George Hayter by Lord Russell’s admiring kinsman John Russell, Duke of Bedford. John Russell also wrote a biography of his famous ancestor. The unbroken succession of Dukes of Bedford from William Russell’s father continues to the present day; the current Duke of Bedford, 15th of that line, is one of Britain’s richest men.

Conscious of the great pulpit his scaffold would offer, Lord Russell drafted with the aid of his wife a last statement vindicating his own person and the Whig cause that flew into print before the onlookers at Lincoln’s Inn Fields were dipping their handkerchiefs into his martyrs’ blood.

Nor did I ever pretend to a great readiness in speaking: I wish those gentlemen of the law who have it, would make more conscience int he use of it, and not run men down by strains and fetches, impose on easy and willing juries, to the ruin of innocent men: For to kill by forms and subtilties of law, is the worst sort of murder …

I never had any design against the king’s life, or the life of any man whatsoever; so I never was in any contrivance of altering the government. What the heats, wickedness, passions, and vanities of other men have occasioned, I ought not to be answerable for; nor could I repress them, though I now suffer for them.

These notices drew furious confutations from Tory pamphleteers aghast at the face these traitors had to forswear their malice against King Charles; a battle of broadsides to control the historical narrative ensued, and was resolved in the Whigs’ favor by the imminent conquest of power by the aforementioned House of Orange. The Whig-aligned William and Mary reversed Lord Russell’s attainder in 1689 — but that’s never stood in the way of historians’ debates.

In a much lower historical register, Lord Russell’s execution was egregiously bumbled by the London headsman Jack Ketch, who had to bash repeatedly at the man’s neck before he could remove it from the shoulders. It is largely from this event that Ketch derives his lasting reputation as an incompetent and/or sadistic butcher, mutually reinforcing with Russell’s martyr status.

Ketch would later claim in a published “Apologie” issued against “those grievous Obloquies and Invectives that have been thrown upon me for not Severing my Lords Head from his Body at one blow” that his prey

died with more Galantry than Discresion, and did not dispose him for receiving of the fatal Stroke in such a posture as was most suitable, for whereas he should have put his hands before his Breast, or else behind him, he spread them out before him, nor would he be persuaded to give any Signal or pull his Cap over his eyes, which might possibly be the Occasion that discovering the Blow, he somewhat heav’d his Body

and besides that Ketch “receav’d some Interruption just as I was taking Aim, and going to give the Blow.” How would you like it if someone came to your workplace and did that?

The damage to Ketch’s reputation was already done. Two years later, en route to the block for a subsequent failed bid to topple the Stuarts, the Duke of Monmouth tipped Ketch with the scornful charge not to “hack me as you did my Lord Russell.” When Ketch botched that execution too, he was nearly lynched — but escaped the scaffold to live on in Punch and Judy and in the English tongue as the definitive lowlife executioner.

* Short for “Whiggamores”, who were Covenanter rebels in the 1640s. “Tories”, by contrast, took their name from Irish Catholic outlaws: each party became known by the slur its foes attached to it.

** Yes, another one of those Howards: this Howard’s great-grandfather lost his head for the Ridolfi intrigue.

† Hampden survived the suppression of Whig intrigues long enough to coin the term “Glorious Revolution” when the Stuarts were finally overthrown

‡ See for instance Lois Schwoerer, "William, Lord Russell: The Making of a Martyr, 1683-1983" in Journal of British Studies, January 1985 for a skeptical-of-Russell reading of the evidence. “The government did not concoct the plot; it was frightened by the revelations, whatever use it made of them. There is no doubt that proposals for an insurrection of some kind were discussed; Russell’s impetuosity and extremism make it more likely than not that he was an active party to these discussions. What is in doubt, since nothing came of the discussions, is how far the parties had gone in developing a concrete plan for a rising.”

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1651: Wilhelm Biener, faithful counsellor

Add comment July 17th, 2014 Headsman

On this date in 1651, Wilhelm Biener, late the chancellor of Tyrol, lost his head to the rancor of Tyrol’s landed aristocracy.

A barrister by training and eventually a judge, Biener or Bienner (English Wikipedia entry | German) transitioned into a court position under Leopold V, Archduke of Austria. Leopold’s death in 1632 left a four-year-old heir, Ferdinand Charles; the boy’s mother, Claudia de’ Medici, leaned increasingly on Biener’s counsel as she ably kept Tyrol in order (and out of the devastating Thirty Years’ War) while little Ferdinand aged towards his majority.

As a commoner, no dynastic entanglements of his own divided his attentions from the state’s own interest, a fact that Claudia de’ Medici recognized by elevating Biener to the chancellorship in 1638, and that the land’s magnates recognized in the strictly levied taxes Biener extracted from their resentful purses.


Detail view (click for full image) of Karl Anrather’s 1891 painting of Wilhelm Biener holding forth against the Tiroler Landtag, from the Ferdinandeum at Innsbruck.

We’ve seen quite often enough in these pages that the danger undertaken by such figures should their enemies ever find power over them mitigates the honors and emoluments they are like to enjoy while in office. One gets a sense of the undercurrent of biding violence from the remark of the Bishop of Brixen, directed to forward the required revenues in a letter less deferential than a senior cleric thought he was due: “The man deserves to lose the fingers that could write such an intemperate effusion!”

For Biener, the volcano opened under him with the death of his patron Claudia de’ Medici on Christmas Day 1648. Her boy Ferdinand Charles was all of 20 years old now, wet behind the ears and enamored of courtly profligacy. Despite his affection for Biener and his long service to his mother, the young prince would vacillate on sparing the consigliere until it was too late.

Biener’s enemies struck with a secret trial accusing him of wetting his own beak on the imposts he had imposed on Tirol; the account below of what followed from a travelogue probably reflects the posthumous myth of Biener more faithfully than it does the real man.

[Biener] was ultimately condemned, in 1651, to lose his head. Biener sent a statement of his case to the Archduke Ferdinand Karl; and the young prince, believing the honesty of his mother’s faithful adviser, immediately ordered a reprieve. The worst enemy and prime accuser of the fallen favourite was Schmaus, President of the Council … and he contrived by detaining the messenger to make him arrive just too late in Rattenberg, then still a strong fortress, where he lay confined, and where the sentence was to be carried out.

Biener had all along steadfastly maintained his innocence; and stepping on to the scaffold, he had again repeated the assertion, adding, “So truly as I am innocent, I summon my accuser before the Judgment-seat above before another year is out.” When the executioner stooped to lift up the head before the people, he found lying by its side three fingers of his right hand, without having had any knowledge that he had struck them off, though he might have done so by the unhappy man having raised his hand in the way of the sword in the last struggle. [more likely they were folded in prayer. -ed.] The people, however, saw in it the fulfilment of the words of the bishop, as well as a ghastly challenge accompanying his dying message to President Schmaus. Nor did they forget to note that the latter died of a terrible malady some months before the close of the year.

Biener’s wife lost her senses when she knew the terrible circumstances of his death; the consolations of her director and of her son, who lived to his ninetieth year in the Franciscan convent at Innsbruck, were alike powerless to calm her. She escaped in the night, and wandered out into the mountains no one knows whither. But the people say she lives on to be a witness of her husband’s innocence, and may be met on lonely ways proclaiming it, but never harming any. Only, when anyone is to die in Büchsenhausen, where her married life passed so pleasantly, the ‘Bienerweible’ will appear and warn them.

Living on in Tyrol folk tradition, Biener took a leap into the Romantic-era national consciousness thanks to writer Hermann Schmid, who popularized Biener’s legend with a 19th century historical novel, The Chancellor of Tyrol; public domain versions can be read online in two volumes (1, 2); a theatrical adaptation by Josef Wenter is still staged to this day.


Marker honoring Wilhelm Biener in the Austrian Tyrol town of Rattenberg, where Biener was executed on July 17, 1651.

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1948: Kiralyfalvi Miklos, Hungarian Catholic

Add comment June 11th, 2014 Headsman

London Times, June 9, 1948:

SCHOOLS DISPUTE IN HUNGARY
CARDINAL’S REPLY TO MINISTER
CATHOLICS’ CONCERN

BUDAPEST, June 8
The village priest and other persons held responsible for the murder of a policeman and the wounding of two others in a village in north-east Hungary last Sunday will be tried in Budapest on Thursday.

The letter of protest from the Minister of Education to the Primate, Cardinal Mindszenthy, says that the villagers had clearly been aroused to violence by the priest’s sermon, in which he spoke against the projected nationalization of the schools. They went straight from church to the mayor’s house and the municipal buildings, where the council had voted by a majority in favour of the nationalization, and the policeman was killed while trying to protect the mayor. The Minister asked the Cardinal to put an end “by central decree” to this pulpit agitation, adding: “If not, the responsibility will be shifted where it belongs, and the law will be evoked upon all who continue it or direct it.”

The Cardinal, in his reply, says that he knows no more of the incident than is contained in the Minister’s letter, and therefore can take no stand upon it. He adds that the idea of nationalization is still causing great excitement among Catholics all over the country, an that the only way to end the excitement is to abandon nationalization. He denies that the agitation is directed centrally (that is, by himself), and puts the responsibility on those who “insist on putting forward such provocative measures.”

Church’s Divine Right

The Primate has already refused to follow the example of the Protestant churches, which have agreed with the State that nationalization shall go through, but that their ancient seminaries shall be excluded and the teaching of religion in the schools continued, and that the State shall grant them a large annual payment, gradually decreasing, for 25 years. On the contrary, in his third pastoral letter, which was read in all Catholic churches on Sunday, the Cardinal said that nationalization violated natural law and the Church’s divine right.

People were saying, the pastoral letter continued, that it was now time for the State to take over; but certain principles, among them the ten Commandments, were timeless. It called upon the faithful “to pray for strength to resist with all their might this violation of the immortal soul.” Never had the shameful misleading of the people been so great in Hungary as now. The faithful must refuse to allow their families to read the newspapers of those who opposed their faith, and must offer a Novena to God that the “Satan prowling among us like a roving lion may be driven away.”

It is in this guise that the Cardinal sees the Communists. They see him as an inflexible survivor of the Middle Ages.

It was in the village of Pocspetri that all the trouble went down: a march to the local municipal building to protest school nationalization. For years after, Pocspetri would be shorthand (Hungarian link, as is the next) in the official press for any clerical backlash — something right out of the Middle Ages.

Kiralyfalvi, at his trial

At the end of this march, a policeman was dead. It’s alleged now — in anti-communist post-Cold War Hungary — that what really happened was that one of the policemen deployed for crowd control accidentally triggered his own gun and killed himself with it.

Whatever occurred in the march, it was a productive incident for Hungarian communists then executing their political takeover of Hungary. The resulting show trial (more Hungarian) is sometimes seen as one of the signal events in a concomitant crackdown on organized religion — a potential pole of opposition to the Soviet-backed state. The victim, of course, enjoyed the fallen cop’s prerogative, a fast-track beatification by the propaganda ministry. (No need for Hungarian to get the point of the pictures in this pdf.) Miklos Kiralyfalvi got the death sentence, but the prerogatives the church was focused on — those were the real prize.

London Times, June 12, 1948:

MURDERED HUNGARIAN POLICEMAN
PRIEST SENTENCED TO DEATH

BUDAPEST,June 11
Janos Astezlos, the priest whose trial on a charge of inciting his villagers to the murder of a policeman began here yesterday, was sentenced to death this afternoon. The villager who actually killed the policeman was also condemned to death, and of the other four who took part one received life imprisonment and the other three 12 years.

Such, five days after it happened, is the end of this affair, though not of the dispute that lies behind it. In this week’s edition of the Catholic weekly Hazank Mr. Barankovics, head of the Catholic Party in Parliament, which has at least 16 per cent of the country’s votes, writes that a true Christian is bound to defend the right of the Catholic Church to keep the schools, because once they were lost the Church would have nothing left to do but celebrate Mass, and its whole cultural influence would be gone. “Whoever is our leader,” he says, referring to rumours that he disagrees with the Cardinal, “we are bound to act in the same way.” Of the murder the newspaper writes that the Church never counselled violence and regrets deeply what happened.


BUDAPEST, June 11. — The villager accused of killing the policeman was hanged here tonight. -Reuter.

(The priest’s sentence was commuted to a prison term. Only Kiralyfalvi was executed for the Pocspetri murder.)

On St. Stephen‘s Day 1948, Cardinal Mindszenty himself was arrested for treason. This was old hat for the cardinal; he’d been arrested for opposing Bela Kun‘s interwar people’s republic, and arrested again by the Nazi collaborationist government in 1944.

This time, he copped a life sentence.

Briefly released during the 1956 Hungarian Revolution, Mindszenty fled to the American embassy as Soviet tanks subdued the country. He would live on the embassy grounds for the next 15 years, a potent symbol of living martyrdom against communism until he was finally released to Vienna.

If your Magyar is up to snuff, this documentary on the Pocspetri incident might be enjoyable.

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1850: Five Cayuse, for the Whitman Massacre

Add comment June 3rd, 2014 Headsman

On this date in 1850, five Cayuse were publicly executed in Oregon City for the Whitman Massacre.

Beginning in earnest in the 1830s, Anglo settlement in the Oregon Country presented for the native inhabitants of the Pacific Northwest the same Hobson’s choice that had confronted tribes further east long before: resist or accommodate.

The New York-born couple Marcus and Narcissa Whitman* were two of the most notable figures among the hundreds, and then thousands, of settlers pouring into the territory every year. In 1836, they founded on the banks of the Walla Walla River a Christian mission to the nomadic Cayuse who roamed the territory. It’s in present-day Washington State, which was then part (with the current U.S. states of Oregon and Idaho) of a single frontier territory collectively known as Oregon.

The Whitmans’ early settlement, offering medicine, education, and (of course) proselytizing, proved a success at first; it would become for several years a waypoint on the developing Oregon Trail.

White diseases came with the settlers.

The Cayuse people had already dwindled (pdf) to just a thousand or two after the decimations of smallpox and other plagues swept the region in the decades preceding. Now, outbreaks of measles were ravaging those remaining.

Marcus Whitman, a doctor as well as a spiritualist, proved unable to check the new epidemic. Rumors went abroad that the missionaries were bewitching or poisoning the Cayuse, as the vanguard of a coming territorial conquest; the Whitmans themselves were very keen to the hostile feeling the situation had engendered and had even heard whispers that they were the targets of assassination plots. Bravely, they stayed.

“Perhaps God thought it for the best that your little child should be called away,” Narcissa Whitman said in strange consolation to the grieving mother of an Anglo child who also succumbed to measles in 1847. “It may calm the Indians to see a white child taken as well as so many natives, for otherwise we may all be compelled to leave within two weeks.” (pdf source, op. cit.; this document also reconstructs a detailed narrative of the unfolding tragedy)

But that remark was only days before the terrible November 29, 1847. On that cold autumn Monday, a small party of Cayuse led by a chief named Tiloukaikt fell on the mission and slaughtered both Whitmans plus another 11** inhabitants of the little compound.

Some 54 surviving women and children were taken hostage, and several of these died in custody as well. A Canadian official of the Hudson’s Bay Company hurried to ransom the captives at the price of 62 blankets, 63 cotton shirts, 12 muskets, 600 loads of ammunition, 37 pounds of tobacco, and a dozen flints.†

This quick response might have forestalled a worse tragedy for the missionaries — but as far as the Cayuse went, the die was already cast. A volunteer militia of Oregonians under Cornelius Gilliam soon mobilized to retaliate, driving many Cayuse into the Blue Mountains.

By mid-1848, spurred in part by the Whitman bloodbath, Congress officially incorporated the region as the Oregon Territory; arriving early in 1849, the new territorial governor Joseph Lane immediately opened negotiations with the Cayuse to hand over the perpetrators of the massacre. With federal troops arriving later in 1849, the Cayuse at last capitulated and gave up five warriors: Tiloukaikt, the leader; Tomahas; Kiamasumpkin; Iaiachalakis; and Klokomas. (There are numerous alternative transliterations of these names.)

They were tried in Oregon City, the territorial capital at the time — a town of 500 or so on the Willamette River Falls — in a landmark case: the first proper death penalty trial in the young territory.‡ This would fall a little short of modern standards, and not just because it was held in a tavern for want of a regular courthouse. The prosecution was not especially rigorous linking all the defendants to specific violent acts, but the defense’s recourse to Cayuse cultural practices that held shamans liable for the failure of their medicine conceded the point by implication. The judge‘s final instructions simply directed his jury to “infer” the defendants’ culpability by virtue of “the surrender of the Defendants by the Cayuse nation as the murderers, the nation knowing best who those murderers were.” So why even have the trial? Kiamasumpkin, against whom no evidence was ever individually presented, went to the gallows insisting that he didn’t even arrive to the Whitman Mission until the day after the massacre.

All five were condemned in the end, and executed by prominent early pioneer and lawman Joe Meek.§ “On the 3d of June an election and a hanging match took place at Oregon City,” ran the Aug. 22, 1850 story in the New York Tribune — for the Whitman massacre had been a matter of national interest. “The town was full of men and women, the former coming to see how the election resulted, and the latter to see how the Indians were hung.”

“Their tribe, the Cayuses, gave them up to keep peace with the whites. Much doubt was felt as to the policy of hanging them, but the popularity of doing so was undeniable.”

Fears that the quintuple hanging would stoke a running conflict with the Cayuse were not altogether misplaced, but over the subsequent years the dwindling tribe was simply dwarfed by over 30,000 newly arriving settlers lured by a congressional grant of free land. By 1855, the defeated Cayuse were forced onto the small Umatilla Reservation, ceding (along with the Umatillas and the Walla Wallas) 6.4 million acres to whites. The Cayuse tongue was extinct by the end of the century.


Present-day memorial obelisk at the site of the Whitman Massacre, now a national historic site. (cc) image from Jasperdo.

* Present-day Whitman College (Walla Walla, Wash.) is named for them.

** Figures of both 13 and 14 (inclusive of the Whitmans) are cited in various places for the Whitman Massacre’s body count; the discrepancy turns on whether one’s tally includes as a casualty Peter Hall, who escaped from the mission, fled to Fort Walla Walla, and then made a panicky attempt to reach The Dalles. Hall disappeared into the wilderness, and was never heard from again.

† Ransom covered gratis by the Hudson’s Bay Company.

The Espy file‘s index of U.S. executions lists only a couple of undated executions many years before under informal frontier justice.

§ Cousin to the recent First Lady Sarah Childress Polk.

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