1945: Mile Budak, Ustasha ideologue

Add comment June 7th, 2016 Headsman

On this date in 1945, seven former members of Croatia’s World War II Ustasha regime were hanged in Zagreb by Tito‘s postwar Yugoslav government — the morning after they had all been death-sentenced at a one-day military trial.*

Despite the presence of wartime Prime Minister Nikola Mandic (English Wikipedia entry | Croatian) in the batch, the marquee name was writer Mile Budak
(English Wikipedia entry | the far more detailed Croatian and German).

The “minister of culture with a machine gun” in the branding of his leftist literary contemporary Miroslav Krleza, Budak spent the interwar years writing hit novels valorizing the Croatian peasantry (The 1,000-page OgnjišteHearth — is the magnum opus) and also voluminous copy for far-right periodicals. Thanks to the latter activity, Budak endured an arrest, an attempted assassination, several years’ self-imposed exile to Italy, and (after his return) the murder of his wife.

Small wonder that when Germany broke off from the post-imperial Kingdom of Yugoslavia an “independent” Croatian puppet state, Budak signed up as its chief propagandist. Initially Minister of Education in 1941, he subsequently became its ambassador to Germany, and in 1943 its Foreign Minister.

He’s most notorious for the alleged aphorism “One third of the Serbs we will kill, one third expel, and the last third convert to Catholicism” — and though adherents widely dispute his authorship of any such phrase, Budak’s racial cosmology elevating Croatians (“an intersection of Slav and Gothic blood”) over their South Slav brethren was part of the intellectual scaffolding for his state’s wartime campaign of ethnic cleansing against Serbs. (It goes without saying that Jews and Roma were even more screwed.)

Judgments on the literary merit of Budak’s output appear to be driven heavily by the critic’s sympathy level with Budak’s politics. Post-independence Croatia has a robust far right that has often shown keen to rehabilitate the Ustasha, so it’s no surprise that Budak has been rediscovered as a writer and his name stapled to numerous streets in Croatia** and even to one in the Bosnian city Mostar — strictly in honor of his artistry and not the war business, mind you.

* Indeed, several — Mandic included — were only yielded up from British captivity in mid-May. (Link goes to a Croatian pdf)

** There’s one, for instance, in present-day nationalist enclave Knin — formerly the capital of the Serbian Krajina during the internecine 1990s wars. Knin’s capture and, er, ethnic reordering is the occasion celebrated on Croatia’s Victory Day holiday (August 5). It was for this operation that Croatian general Ante Gotovina was prosecuted by the International Criminal Tribunal for the former Yugoslavia; Gotovina’s eventual shock acquittal and release to a great nationalist orgy in Zagreb led Serbia to quit cooperation with the ICTY’s “selective justice”.

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Entry Filed under: 20th Century,Arts and Literature,Capital Punishment,Croatia,Death Penalty,Execution,Hanged,Heads of State,History,Intellectuals,Mass Executions,Politicians,Treason,War Crimes,Wartime Executions,Yugoslavia

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1945: Pvt. George Edward Smith, on VE Day

Add comment May 8th, 2016 Robert Walsh

(Thanks to Robert Walsh for the guest post. Mr. Walsh’s home page has a trove of articles about historical executions, including another American serviceman hanged at Shepton Mallet. -ed.)

VE (Victory in Europe) marked the official end of hostilities in the European theatre of operations and quite possibly the largest and most joyous celebration in human history.

Unless, of course, you happened to be former US Army Air Forces Private George Edward Smith.

While most of the rest of the world basked in the joy of victory and the relief of the European war being over, Private Smith had a rather more pressing engagement to think about. The rest of the population might be about to enter a brave new world, but Smith was about to depart rather suddenly from the old one.

It was his execution day.

Smith, previously serving at RAF Attlebridge in Norfolk with the US Air Force’s 784th Bombardment Squadron, wouldn’t be celebrating the end of the European war. He’d be watching the clock tick relentlessly down to 1 a.m. when he’d be escorted from the Condemned Cell at Her Majesty’s Prison, Shepton Mallet, Somerset (loaned to the US military for the duration of the war). He’d be sat near the gallows pondering a past that was about to cost him his life while hoping for a reprieve that wouldn’t arrive and a future that was already lost.

While most of the world celebrated, George Edward Smith was going to die.

Smith’s guilt wasn’t in any doubt. Near RAF Attlebridge lay the sleepy Norfolk town of Honingham and the stately home named Honingham Hall (demolished in the 1960s).

Honingham Hall and the adjoining land were home to distinguished diplomat Sir Eric Teichmann, a long-serving figure vastly experienced in the Far East and serving as advisor to the British Embassy at Chungking. He’d noticed, as so many country gentlemen do, that he had a problem with poachers. December 3, 1944 would be the last time he had a problem with anything. It was in the small hours of the morning that he met George Edward Smith.

Smith and his accomplice Private Wijpacha had ‘borrowed’ a pair of M1 carbines from the base armoury and decided to do a spot of illicit hunting. Teichmann, familiar with the fact that poachers aren’t usually violent offenders and will usually run if challenged, heard gunshots from nearby woodland and went out to investigate. He went out unarmed, challenged Smith and Wijpacha — and Smith promptly shot him once through the head with his M1. Both men fled hurriedly back to their base, hoping that their absence wouldn’t be noticed.

Of course, a senior British diplomat lying murdered in the woodland was noticed.

Before long both men were arrested and questioned, during which Smith confessed, a confession he later retracted claiming that it was made under duress. That, not surprisingly, cut no ice whatsoever with either the American military or the British authorities. Smith and Wijpacha were court-martialled at RAF Attlebridge and Wijpacha (who hadn’t fired a shot) received a lengthy prison sentence. Smith, the triggerman, drew the death penalty.

Under the Visiting Forces Act, 1942 the Americans were free to try, imprison and condemn their own criminals independent of the British system of justice, not that it would have made any difference to Smith’s case. Murder was then a capital crime in Britain regardless of the criminal’s nationality. If Smith hadn’t been condemned by an American court-martial then a British trial would have seen the judge don the legendary ‘Black Cap’ and pass what British reporters once called ‘the dread sentence’ especially given the status of the victim.

Smith was promptly shipped to the prison at Shepton Mallet in the county of Somerset to await a mandatory review of his case and, if clemency was refused, execution.

View of Shepton Mallet (left) and its execution shed (right)

Shepton Mallet had been a civilian prison for centuries before being turned over to the British military, who then lent it to the Americans as part of the Visiting Forces Act. Until its final closure a few years ago Shepton Mallet remained the oldest prison in the UK still operational, a dubious distinction now belonging to Dartmoor. There were, however, a few difficulties with the arrangement.

The Americans carried out 18 executions at Shepton Mallet during their tenure between mid-1942 and September, 1945. Two (Alex Miranda and Benjamin Pyegate) were by firing squad, upsetting local people, who knew very well what it meant to live next to a military prison and hear a single rifle volley at 8 a.m. The American military also preferred hanging common criminals to allowing them to be shot like soldiers.

The problems were simple. The locals didn’t like firing squads made no secret of it. Not surprisingly, there were complaints. The US military felt being shot was too good for most of its condemned and the British didn’t like the methods and equipment used by American hangmen, who had acquired a nasty and thoroughly-deserved reputation for using badly-designed scaffolds, the wrong type of rope and the antiquated standard drop instead of a drop length scientifically calculated by the prisoner’s weight.

The British also regarded American hanging equipment as outdated, while American military hangmen John Woods and Joseph Malta were entirely unfamiliar with the British kit. And British hangmen had evolved hanging to almost an art, needing mere seconds to complete the procedure.

Another problem was that the gallows at Shepton Mallet hadn’t been used since March, 1926. By 1942 it was considered unfit for service and needed replacing. A compromise had to be reached, and was.

The Americans could continue executions at Shepton Mallet, but the vast majority (16 out of 18) were performed by British hangmen using a British gallows in an extension built onto the end of one of the cellblocks. The Americans were permitted their usual practice of having the condemned stand strapped, noosed and hooded on the gallows while their death warrant and charge sheet were read out and then being asked for any last words. This caused executioner Albert Pierrepoint, master of the speedy hanging, to complain at what seemed to him a cruel, unnecessary delay in ending the prisoner’s misery.

Pierrepoint also complained about overcrowding in the gallows room during executions. At a British hanging there would be the prisoner, the hangman, his assistant, the prison Governor, the Chief Warder, the doctor, the Chaplain and two or four prison officers. At an American military hanging there were usually twenty or so people clustered around the trapdoors and lever. He felt a hanging should be both quick and perfect and that a crowded gallows room invited disaster.

Hangman Thomas Pierrepoint.

By VE Day the arrangement was well-established. Thomas Pierrepoint, uncle of Albert and brother of Henry (both of whom were also hangmen) performed 13 of the 16 hangings at Shepton Mallet while Albert performed the remaining three when he wasn’t busy elsewhere.

Their assistants were Steve Wade, Herbert Morris and Alexander Riley. Tom Pierrepoint had performed the last hanging at Shepton Mallet in 1926 (that of murderer John Lincoln) assisted by Lionel Mann. While the two firing squads were performed at 8 a.m., the hangings would be carried out at 1 a.m. which was discreet enough not to arouse neighbors’ ire.

Smith’s case was reviewed. Not surprisingly, his appeal was denied as were other requests including (most generously, under the circumstances) one from Lady Teichmann, widow of his victim. His date was set for 1 a.m. on what turned out to be the very day Europe’s guns fell silent. Tom Pierrepoint would do the job assisted by Herbert Morris. Smith was transferred to the Condemned Cell a few days prior to the execution date where he was granted free access to the military Chaplain.

When the time came, while the rest of the population celebrated the arrival of a new world and Smith contemplated his departure from the old one, it went as smoothly as could be expected. Smith was taken from his cell wearing standard military uniform, from which any badges or flashes marking him as a soldier were deliberately removed. Paperwork was completed signifying his dishonourable discharge from the US military as a common criminal and the US military were determined that he should die like one.

Given the delays caused by the reading of the charge sheet and death warrant and Smith being asked for his last words (he apparently had none) it took 22 minutes between Smith being taken from his cell and being certified dead by the prison doctor. Compare this with a standard British execution (minus the bureaucracy and speechifying) where 22 seconds would have been considered twice as long as was needed to do the job. Smith’s punishment, however, wasn’t done yet. Executed American servicemen were initially buried at Brookwood cemetery, but then moved to the notorious ‘Plot E’ of the Oisne-Aisne Military Cemetery in France. Plot E is deliberately hidden from the rest of that cemetery. Its residents have no names on their graves, only numbers. They have no headstones or crosses, only flat stone markers. No American flag hangs in their plot. It doesn’t appear on the plan of the cemetery even today and the markers are placed facing away from the graves of other Americans. Visits to Plot E are still discouraged and it wasn’t until a Freedom of Information request in 2009 that the names of those buried there were released.


A view of the “Dishonored Dead” in Plot E, Oise-Aisne American Cemetery. (cc) image by Stranger20824.

Whatever they may have done, and some committed truly dreadful crimes, it seems distasteful to virtually deny their existence and shame them even after death. It also denied their families and friends the chance to visit and grieve, despite the fact that they themselves had committed no crime.

That said, it’s no different to the routine imposed on condemned British criminals. In fact, the British death sentence expressly demanded that inmates be buried in unmarked graves within the prison walls inflicting the same suffering on their friends and relatives. The British hanged were officially designated ‘Property of the Crown,’ many of whom were not properly reburied until after abolition. At many British prisons they still remain in unmarked graves according to the following sentence:

Prisoner at the Bar, it is the sentence of this Court that you be taken from this place to a lawful prison and thence to a place of execution where you shall be hanged by the neck until you are dead, and that your body be afterwards cut down and buried within the precincts of the prison in which you were last confined before execution. And may the Lord have mercy upon your soul.

Remove the prisoner …

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,History,Milestones,Murder,Other Voices,Soldiers,U.S. Military,USA,Wartime Executions

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1945: 59 collaborationists in Bulgaria

Add comment February 13th, 2016 Headsman

New York Times, Feb. 14, 1945

59 Are Executed in Bulgaria

ISTANBUL, Turkey, Feb. 13 (U.P.) — The People’s Court at Philippopolis, Bulgaria, pronounced fifty-nine death sentences against collaborationists today, and those who were sentenced were executed.

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Entry Filed under: 20th Century,Bulgaria,Capital Punishment,Death Penalty,Execution,History,Mass Executions,Occupation and Colonialism,Shot,Treason,Wartime Executions

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1945: Robert E. Folkes, the first condemned man to see the Oregon gas chamber

Add comment January 5th, 2016 Headsman

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“I have nothing to say except that I am innocent. It’s easier to convict a Negro than a white person. So long everybody.”

Robert E. Folkes, convicted of murder, gas chamber, Oregon.
Executed January 5, 1945

Folkes, age twenty-three, was convicted of slashing a woman’s throat on a Southern Pacific train while working as a cook. The Associated Press described him as “the first condemned man to see the chamber,” as Folkes was the first prisoner to ever walk into the Oregon gas chamber without a blindfold on.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Gassed,Murder,Oregon,Racial and Ethnic Minorities,USA

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1945: Charles Ford Silliman, suicide pact?

Add comment November 9th, 2015 Meaghan

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

On this date in 1945, stripped down to his socks and underwear, 35-year-old truck driver and double murderer Charles Silliman was gassed in Colorado’s death chamber. He died for the murder of his wife, Esther Corrine Silliman, and their four-year-old daughter.

Charles and Esther had been married for nine years and didn’t have any relationship problems that anybody knew about. After dinner on January 22, 1944, he poured her nightly glass of brandy. He also gave a small amount to little Patricia Mae. Both mother and child became violently ill and quickly expired.

Charles said he had no idea what had caused their deaths, and suggested food poisoning as a possible answer. When the cops arrived on the scene, they found the grieving husband and father studying his wife and daughter’s life insurance policies.

The police were suspicious, especially after Charles began weeping and pulled out a handkerchief marked with lipstick. He said the lipstick was his wife’s, but … she never wore makeup.

Chemical analysis showed the brandy had been laced with strychnine, and a bottle of the poison turned up hidden in the tire kit in Silliman’s car. The police theorized he had committed the murders to collect on the insurance and be with “a woman whom he met in a beer tavern in Denver and later … while his wife was absent, he rather frequently visited.”

Charged with murder, Silliman admitted to the poisonings and said he and his wife, plagued by poor health and debt, had jointly decided to commit suicide and take both their children with them — but that he chickened out and was unable to go through with it. (Son Charles Jr. was not harmed, as he was living with his grandparents at the time of the murders.)

Silliman was tried for his wife’s murder only, and he told the jury about the unfinished suicide pact. The prosecution pointed out that, even if his story was true, the deaths of Esther and Patricia still constituted first-degree murder.

His insanity plea didn’t go anywhere either. “We are convinced from the record,” ruled the appellate court, “as the jury must have been from the evidence, that defendant’s insanity was an afterthought and conceived by him as a means of escaping the penalty which, under the evidence, he merited.”

Silliman did, however, gain an extra two hours of life: executions at the Colorado prison normally took place at 8:00 p.m., but at that time there was a Chamber of Commerce banquet going on and 550 guests were chowing down on turkey. The warden delayed the execution until 10:00 p.m., after dinner was over and everyone had left the prison.

His last words were, “I do not fear. I am going to a better world.”

(An aside: elsewhere in the United States on that same November 9, 1945, Jesse Craiton and Noah Collins were electrocuted in Georgia for robbery-homicide, and Cliff Norman died for rape in Oklahoma’s electric chair.)

On this day..

Entry Filed under: 20th Century,Capital Punishment,Colorado,Common Criminals,Crime,Death Penalty,Execution,Gassed,Guest Writers,Murder,Other Voices,Sex,USA

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1945: George Green, Jr.

Add comment May 15th, 2015 Meaghan

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

On this date in 1945, in Le Mans, France, Pvt. George Green Jr. of the 998th Quartermaster Salvage Collecting Company was hanged for the murder of his corporal the previous year.

Green was married, with one child.

The story of Corporal Tommie Lee Garrett’s senseless death began with a urine can. The soldiers of the platoon used a can at night rather than venture out into the open to answer nature’s call, and at 7:30 a.m. on November 18, 1944, Green knocked the can over accidentally. Corporal Garrett grabbed him by the shirt collar and told him to clean up the mess.*

Green stewed over what happened for the next hour and was heard to mutter darkly that he was “going to get” someone. At 8:30, as everyone was at a salvage dump sorting clothes, Green calmly raised his M1 carbine and fired it at Garrett’s chest from twelve feet away. The corporal was struck in the heart and died within minutes.

The incident was totally uncharacteristic of Green. He had a reputation as a good, efficient soldier who didn’t cause trouble. His supervisor from his civilian job (he’d been a janitor at a factory in Texarkana, Texas) submitted a sworn statement as to his good character. He had one prior court-martial for being drunk and disorderly but no other convictions in either military or civilian life.

Nevertheless, there were no mitigating circumstances in the case: Green had shot his victim in cold blood, without provocation, while he was stone cold sober. Even though he claimed he hadn’t intended to kill Corporal Garrett, there could only be one punishment.

In his final statement before he was hanged, Green said, “A person has no fear of death if he is right with God. Death is an honor. Jesus died for a crime he did not commit. I really did a crime, a bad crime.”

He’s buried at the American Military Cemetery at Oise-Aisne, along with the poet Joyce Kilmer and Eddie Slovik, the last American soldier ever executed for desertion.

* We’ve seen overturned urine cans lead to the gallows before.

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1945: Sudeten Germans, known but to God

Add comment May 10th, 2015 Headsman

Jirí Chmelnicek shot this footage in just-liberated Prague on May 10, 1945 of Czechs celebrating the end of World War II by doling out mistreatment — including a chilling mass-execution — to Sudeten Germans. It was the presence of that population, the reader will recall, that Berlin invoked to justify its occupation of Czechoslovakia.

Chmelnicek’s video only surfaced publicly in 2010: its images were far too sensitive to air closer to the Great War, especially while Czechoslovakia was under communist control. As Der Spiegel reported.

Chmelnicek’s film shows how the Germans were rounded up in a nearby movie theater, also called the Borislavka. The camera then pans to the side of the street, where 40 men and at least one woman stand with their backs to the lens. A meadow can be seen in the background. Shots ring out and, one after another, each person in the line slumps and falls forward over a low embankment. The injured lying on the ground beg for mercy. Then a Red Army truck rolls up, its tires crushing dead and wounded alike. Later other Germans can be seen, forced to dig a mass grave in the meadow.

We do not know who these people are. Considering the indiscriminate revenge visited on Sudeten Germans after the war, it is not likely that these several dozen souls were selected for their fate with care.

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1945: Robert Limpert, Ansbach antifascist

Add comment April 18th, 2015 Headsman

The ferocious commitment of the Third Reich to fight to the last man even when World War II provided the occasion (or the pretext) for many of that bloody conflict’s most poignant and pointless deaths.

In these execution-focused pages we have seen the death penalty meted out to ideological enemies whom the Nazis hastened to dispose of in their last hours; almost infinitely more numerous were everyday people who by Berlin’s Götterdämmerung were made so much meat for the ordnance of the advancing Allies.

On this date in 1945, Robert Limpert’s effort to avoid the latter fate for his native Ansbach caused him to suffer the pangs of an entirely gratuitous execution.

Only 19 years old, Limpert had been disqualified from even desperate war’s-end military conscription by a severe heart problem.

He had made little secret of his antiwar views in the earlier years of the war. Even so, it was a deep shock while he was studying at the University of Wurzburg to see that ancient city devastated by a March 16 bombing raid that claimed 5,000 lives and destroyed most of its historic center.

He wandered back to Ansbach horrified, and sure that this city ought not share Wurzburg’s ordeal.

By April 18, American troops were just a few kilometers from the town. Limpert had spent the night before surreptitiously distributing pamphlets calling for a bloodless surrender, as he had on several earlier days. (Sample rhetoric: “Death to the Nazi hangmen.”)

According to Stephen Fritz, who describes this story in detail in his Endkampf: Soldiers, Civilians, and the Death of the Third Reich, Ansbach was in a state of near-collapse that Wednesday. Party officials were discreetly discarding their soon-to-be-incriminating insignia, and crowds jostled each other to loot canned goods for the prospective months of want ahead.

Though the Ansbach populace was violently hostile to the idea of inviting bombardment by fighting the Americans, word was that the rigorous commandant, Col. Ernst Meyer, did indeed mean to do so. Trying to prevent a disaster from befalling his city, Limpert that morning cut the telephone wires from the Col. Meyer’s command post to the nearby troops at the front — an act observed and reported by two diligent Hitler Youth.

What followed was a cruel exertion of a military machine aggrieved by Limpert’s entirely well-founded lese-majeste. The cut wire didn’t matter at all because the command post had already been abandoned. But it was reported, and policemen and bureaucrats began mindlessly following procedures. “In the chaos, nothing would have been easier than to drop the matter quietly and let Limpert go,” Fritz observes.

Meyer was frenetically trying to organize defenses that did not want to be organized and by the time he caught wind of of the Limpert investigation he was fit to be tied.

“For me,” he said later, “there was no doubt that I had found the man who had already engaged in treason for the past eight days [pamphleting against the war] … While forward in the front lines … brave soldiers risked their lives to defend the homeland, a coward attacked them in the back. I now had to act. I said, ‘Gentlemen, we’ll now immediately form a court-martial …’ Silence everywhere. I had the impression of a certain helplessness.” (Fritz, again)

Meyer’s aides were reluctant to speak. It was obvious that the Americans would occupy Ansbach with hours, but also obvious that an insufficiency of zeal could have any one of them shot on the spot. One or two of them hesitatingly suggested further investigation — an overtly correct notion that would be tantamount to dropping the case under the circumstances.

Meyer brusquely announced, “I sentence Limpert to death by hanging; the sentence will be carried out immediately.” According to Zippold [a constable], Meyer also declared that the entire Limpert family would be executed, whereupon both policem[e]n rushed to their defense. Unwilling to press the issue, Meyer said curtly, “We don’t have any time, let’s get going.”

In NS-Offizier war ich nicht, Col. Meyer’s daughter, Ute Althaus, grapples with his perspective on Limpert’s hanging — which Meyer always felt was justified.

It was past 1 in the afternoon when Meyer stalked out to the entrance of the city hall to conduct the execution personally. While all of Ansbach, all of the western front, sabotaged his frenzied defense of the Reich, Meyer had this boy at his mercy. The colonel poured all of his rectitude and despair into taking away at least this one life.

Nevertheless, Meyer was not an executioner. Nothing was ready for his improvised hanging, and while the colonel tied up the nearest rope he could get someone to fetch him, Robert Limpert twisted away and escaped. He made it maybe 100 yards: no bystander dared to answer his pleas for help as he was tackled, kicked, and dragged back to his gallows.

The story has it that Meyer, after hanging Limpert twice — the noose broke the first time — pinned some of the treasonable pamphlets to the body, then immediately hopped on a bicycle and fled directly out of town. Maybe the folklore has become a bit exaggerated on that point … but he can’t have stayed much longer. The Americans were there by supper time to cut Robert Limpert’s body down.

Today, several plaques in Ansbach honor Limpert.

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Entry Filed under: 20th Century,Activists,Botched Executions,Execution,Germany,Hanged,History,Public Executions,Summary Executions,Treason,Wartime Executions

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1945: Pvt. Benjamin Hopper

Add comment April 11th, 2015 Meaghan

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

On this day in 1945, mere weeks before Germany’s surrender, U.S. Private Benjamin F. Hopper of the 3170th Quartermaster Service Company was judicially hanged for murder.

“The case was straightforward,” notes French L. MacLean in his book The Fifth Field: The Story of the 96 American Soldiers Sentenced to Death and Executed in Europe and North Africa in World War II. He describes it as “an excellent example of stupid situations that soldiers could get themselves into, if they had been drinking and did not consider the consequences of their actions.”

Quite so.

On the night of the crime, Hopper and four other soldiers were hanging out in a cafe in the town of Welkenraedt, Belgium, just outside of Liege. Just after midnight, Hopper got into an argument with one of his companions, Private Randolph Jackson Jr.

The two men argued frequently and the other three in the group were used to it, and didn’t take them seriously when they started threatening to shoot each other. Finally Private Jackson handed Hopper his gun, presumably daring him to shoot. Hopper shot him dead, then told the witnesses, “You didn’t see nothing.”

At his court-martial, he did not testify and there was no defense. Hopper protested about this later, saying he didn’t get a fair trial: “My Defense Counsel said he was going to tell them. Told me to stay silent. So, he got up and told them I wasn’t guilty. He didn’t say much else.”

Unlike many military men sentenced to death during World War II, Hopper showed remorse for what he had done. Still he asked for leniency and penned a letter to General Eisenhower beginning:

Gen. Eisenhower

Dear Sir, I was tried for mudder and the court find me guilty and sences me to be hong Sir. And Sir I am asking you to please Sir look in to this mader close Sir for me because I have made a great mucstake Sir and wont you give me another chanch in the armey.

Hopper’s IQ tested at 50, putting him in the moderately mentally retarded range, and a psychiatrist who evaluated him stated he had a mental age of about nine, “bordering on mental deficiency.” Someone with that degree of mental disability would not be permitted to be executed today.

Some people argued that the death sentence should be commuted to life in prison, citing Hopper’s intellectual impairment and the lack of premeditation. Weighing against that was his prior recorded offenses of going AWOL and being in Liege without an official pass. The Brigadier General who reviewed the case recommended that the death sentence stand, and Eisenhower agreed.

Hopper died on a clear, warm morning in Le Mans, France. At 11:00 a.m., his hands and ankles were bound and he said his last words to the chaplain: “Father, I would like you to write to my mother.” The trap sprung at 11:01 and Hopper was pronounced dead at 11:24.

On this day..

Entry Filed under: 20th Century,Capital Punishment,Crime,Death Penalty,Diminished Capacity,Execution,France,Guest Writers,Hanged,Murder,Other Voices,Soldiers,U.S. Military,USA,Wartime Executions

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1945: Anacleto Diaz, Philippines Supreme Court Justice

1 comment February 10th, 2015 Headsman

Supreme Court justice Anacleto Diaz and his two sons were among 300 Filipinos machine-gunned by the Japanese on this date in 1945 during the Battle of Manila.

The distinguished 66-year-old jurist had served in his youth in the forces of independence fighter Antonio Luna. Diaz was captured by the Americans, and honed his English so well as a POW that he later built a career as a legal scholar in the American-governed archipelago. He was appointed to the Philippines Supreme Court by U.S. President Franklin Delano Roosevelt.

Diaz and his comrades were far from the only civilians to suffer during the bloody monthlong Battle of Manila: Japanese troops conducted intermittent atrocities both wholesale and retail, collectively known as the Manila Massacre. Japan’s commanding general, Tomoyuki Yamashita, was hanged as a war criminal in 1946 due to the Manila Massacre in a highly controversial case — since the Manila Massacre’s atrocities couldn’t be attributed directly to Yamashita’s own orders. But the U.S. war crimes tribunal found, and the U.S. Supreme Court agreed, that the subordinate troops’ actions redounded to the account of their superiors who “fail[ed] to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.”

This is one of the foundational cases for that opportunistically observed precedent known as “command responsibility” (indeed, this is the “Yamashita Standard”).

As one might guess by the late date and the juridical aftermath, this Battle of Manila ended in an American victory reconquering a now-devastated Philippines capital, and driving the Japanese from the Philippines — making good Gen. Douglas MacArthur‘s famous promise to return there.

On this day..

Entry Filed under: 20th Century,Execution,History,Intellectuals,Japan,Judges,Lawyers,Mass Executions,No Formal Charge,Occupation and Colonialism,Philippines,Shot,Summary Executions,Wartime Executions

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