Tag Archives: 1962

1962: LeRoy McGahuey, the last involuntary execution in Oregon

The U.S. state of Oregon has the death penalty on the books, but hasn’t employed it on a non-consenting prisoner since August 20, 1962.

That was the date that former logger LeRoy Sanford McGahuey, with a shrug of his broad shoulders and the sanguine parting observation “That’s it,” paid in the gas chamber for the 1961 hammer slayings of his girlfriend and her son.* (He’s also the last of seventeen people executed by lethal gas in Oregon history.)

The late Oregon political lion Mark Hatfield, who was governor at the time, permitted the execution to go ahead despite misgivings about capital punishment. It was the only time he would ever be called upon to shoulder that burden: Oregon repealed its capital statutes in 1964 during the nationwide death penalty drawdown; Hatfield had moved on to the U.S. Senate by the time voters reinstated capital punishment in 1978. In an interview almost 40 years after the fact, Hatfield said that being party to McGahuey’s death still troubled him.

As Governor of Oregon, how did you resolve your legal charge versus your moral feelings about the death penalty?

Having been governor when we had an execution, I can tell you it still haunts me. However, when you swear to uphold the constitution of the State of Oregon you swear to uphold all of the laws — not just the laws you agree with. I felt there were too many examples in our history when people tortured the law or played around with it.

So if you were governor today, would you have commuted that death sentence?

I don’t know. I would have to wrestle with that. We experienced the repeal of the death penalty when I was Governor. After the first execution, I had my press secretary have as many press people there to witness it as possible; reporting it in all its gory detail. By making it a broadly based experience for all people — by not having it at midnight — we were able to garner enough support to get it repealed. Even though there were executions scheduled to happen during the hiatus time between when the law was passed and the time it took effect, I immediately commuted all the sentences. I believe it was seven. [actually, it was three -ed.]

Oregon currently retains the death penalty but has had a moratorium on executions enforced by its governors since 2011. Its only “modern” (post-1976) executions were in 1996 and 1997, and both were inflicted on men who voluntarily abandoned their own appeals to speed their path to the executioner.

* Technically, McGahuey was executed for the murder of the child, 22-month old Rodney Holt: he’d slain the mother, 32-year-old Loris Mae Holt, in a fit of passion, but he followed up by bludgeoning the tot with premeditation out of (as he said) concern for the boy’s upbringing now that he’d been orphaned.

1962: Roger Degueldre, OAS commando

Thanks to Thomas Kanyak of @ModernConflict for the guest post. -ed.

On this date in 1962, Organisation Armee Secrete (OAS) Delta commando leader Roger Degueldre was executed by firing squad at Fort d’Ivry, near Paris, France.

Degueldre, 37 years old at his death, was one of only three OAS men executed by France for the terrorist excesses in the end game of the Algerian War in 1961 and 1962. Fittingly, that conflict wrenched to a conclusion five days before Degueldre’s death by musketry, with a referendum confirming Algeria’s independence from France. After the January 1960 “Barricades Week” revolt failed, Degueldre swore he “took an oath to keep Algeria French. As far as I’m concerned the oath will be kept. I’ll go to the limit.” He certainly did.

Like many men who joined the French Foreign Legion, Degueldre was the product of a murky past: either a Belgian who joined the SS Wallonie and fought on the Russian front, or a Frenchmen who served in the Resistance in occupied France.

What is known is, he joined the regular Army towards the end of the war, and then enlisted in the Foreign Legion under a nom de guerre. He served in Indochina and was wounded at Dien Bien Phu. In Algeria, he assumed his real name. After being suspected of taking part in the December 1960 riots during President de Gaulle’s visit to Algeria, Degueldre deserted from 1er REP, the French Foreign Legion parachute Regiment, in early 1961. The French Army, after crumpling against Germany, losing in Indochina and being humiliated at Suez, was determined to make a stand in Algeria. But the army’s resolve proved to greatly exceed the nation’s.

As France’s commitment to the fight against the Moslem rebel FLN began to crack, the army’s simmering resentment turned into open revolt, culminating in the failed Generals Putsch of April 1961 and the formation of the Secret Army Organization (Organisation Armee Secrete or OAS) that spring. It was comprised of disaffected soldiers and pieds noirs (black feet, a nickname for the European population of Algeria).

The OAS was structured in early May 1961, and Degueldre was assigned to the Organisation-Renseignement-Operation (ORO) section which was responsible for most of the OAS terrorist violence.

Degueldre’s OAS codename was Delta, and his commandos within the ORO became known as the “Deltas”; they carried out the majority of operation punctuelle (assassinations) from the failed Putsch to Algerian Independence in July 1962.

In Algiers, betrayed, Degueldre was identified slipping away from a OAS meeting in Algiers and arrested by French authorities on 7 April 1962.

“At Caserne des Tagarins, gendarmes toasted Degueldre’s arrest with champagne. They were very relieved. The Captain in charge approached the long, grim, sun baked figure and offered to wager a case of champagne that French Algeria would no longer exist within a few months.

“I won’t be here in a few months to drink it” Degueldre replied simply.

Degueldre went on trial on 27 June at Fort de Vincennes in Paris. After legal maneuvers to unseat a second judge (the first judge resigned, and committed suicide two days after the trial), Degueldre went essentially undefended, refusing to answer questions. After providing no defence witnesses, and hearing the testimony of four prosecution witnesses, Degueldre was convicted by the military court of ten murders and sentenced to death. Upon hearing the verdict, Degueldre smiled.

In Fresnes Prison after the conviction, fellow prisoners discussed going on hunger strike in protest of the death sentence meted out to Degueldre. When Degueldre was informed of the plans for the strike, he curtly replied “there’ll be no strike for me.”

On 6 July 1962, Degueldre was driven to Fort d’Ivry Prison outside of Paris where the sentence would be carried out. An 11-man firing squad delivered a volley of shots, the captain in charge administered the traditional coup de grace, and it was over (there are several versions of the fusille hier matin au Fort d’Ivry; one had it that only one shot of 11 hit Degueldre, and the Captain had to empty his revolver into him). The man described by Jean-Jacques Susini, an OAS leader, as “a magnificent revolutionary” had pour l’honneur de la parole donnee: he kept his oath.

On 23 November 1961, French President Charles de Gaulle delivered a speech to 2,000 assembled military personnel in Strasbourg. This “Lost Soldiers” Speech sought to quell discontent in the Army over the direction of French policy in Algeria after eight years of war.

it’s an illusion to think one can make things be what one desires and the contrary of what they are … at that moment when the state and the nation have chosen the way, military duty is traced out once and for all … outside these limits there can be — there are only — lost soldiers.


Sources:

Wolves in the City, the death of French Algeria by Paul Henissart

A Savage War of Peace: Algeria 1954-1962 by Alistar Horne

Various New York Times articles

@claireparisjazz twitter account