1936: Arthur Gooch, the only execution under the Lindbergh Law

Add comment June 19th, 2014 Headsman

This date in 1936 marks the first and only occasion that the federal government hanged a (non-murdering) kidnapper under the Lindbergh Law.

Even before the notorious Lindbergh baby kidnapping case, the “snatch racket” of kidnappings for ransom had claimed a firm foothold among Depression-era America’s moral panics. The bill that would become known as the Lindbergh Law was actually introduced in Congress three months before little Charles Lindbergh, Jr. disappeared out the window of his New Jersey nursery. Its sponsors were Missouri lawmakers concerned that gang-ridden St. Louis was becoming a kidnapping hub, like the high-profile 1931 abduction of Dr. Isaac Kelley.*

The theory behind the bill — and this was particularly relevant to St. Louis, a border port right across from Illinois and accessible via the Mississippi River to the whole Midwest — was that kidnappers could more easily ply their nefarious trade by carrying their hostages over a convenient border and exploiting the respective states’ inability to coordinate with one another. By elevating interstate kidnapping to a federal felony, the idea was to put manhunts into the hands of the FBI, whose jurisdiction was the entire United States.

The Lindbergh case provided just the right impetus for Congress to advance into law a bill that might otherwise have died quietly in committee. There’s just something to be said for being the one with a plan at the right time … even though the Lindbergh baby was found dead four miles away from the house he was plucked out of, and probably never crossed a state line himself.

At any rate, the Lindbergh Law also made kidnapping alone a capital crime, even if the abductee was not harmed. And it is for this that Arthur Gooch ascended into barstool trivia.

Gooch’s life and case are the focus of this 125-page Master’s thesis (pdf), but the long and short of it is that Gooch and a buddy named Ambrose Nix were on the lam after busting out of the Holdenville, Okla., jail, and ended up heading south to Texas.

They committed a robbery in Tyler, Texas on November 25, 1934. The next day, while stopped with a flat at a service station in Paris, Texas — close by the Texas-Oklahoma border — two policemen approached the suspicious vehicle. In the ensuing struggle, Nix managed to pull a gun on everyone and force the subdued cops into the back of their own patrol car, which the fugitives then requisitioned to high-tail it over the Oklahoma border. There they released their captives unharmed. There had never been a ransom attempt.

A month later, Gooch was arrested in Oklahoma — while Nix died in the shootout, leaving his partner alone to face the music.

Arthur Gooch was a career criminal, and the fact that he violated the Lindbergh Law was easy to see, but his crime also wasn’t exactly the scenario that legislation’s drafters had foremost in mind. In fact, Gooch also underscores one of the oft-unseen dimensions of the death penalty in practice: the discretionary power of prosecutors and judges at the intake end of the whole process.

Gooch attempted to plead guilty to his charge sheet, but his judge, former Oklahoma governor Robert Lee Williams, refused to accept it. Williams was explicit that his reason was that the Lindbergh Law’s language required a jury verdict to impose a death sentence.

By contrast, in October of 1934 — a month before the legally fateful confrontation at the Paris service station — a black farmhand named Claude Neal suspected of the rape-murder of a white girl was dragged out of protective custody in Alabama and taken across the adjacent Florida state line, where an angry mob lynched him. Despite the urging of the NAACP, FDR’s Attorney General Homer Stille Cummings completely refused to interpret Neal’s abduction as a Lindbergh Law kidnapping. The two cases even turned on the same phrase of the Lindbergh statute: interstate kidnapping “for ransom or otherwise.” While Cummings decided pre-emptively that “or otherwise” didn’t cover lynch law, one of his U.S. attorneys would go to the Supreme Court in January 1936 to argue for a broad interpretation of that phrase in the context of Gooch’s appeal.

But even without a comparison to Claude Neal’s murder, the justice of executing Arthur Gooch was hotly disputed by a vigorous clemency campaign. The chance intercession of a state line had elevated a small-time crime committed further to avoiding arrest into a capital offense, basically on a technicality. “It would be a rotten shame to hang that boy when a short jail term is his desert,” one Oklahoma City society woman argued to the Jeffersonian Club. “Gooch was given an application of the poor man’s law.” It seems clear that for Judge Williams as for President Roosevelt (who denied Gooch’s clemency appeal) the result was heavily influenced by the political exigencies of pushing a tough-on-crime standard, and by Gooch’s previous history as a crook. (He’d broken out of jail in the first place because he was a member of a group of local hoods in Okmulgee that committed several armed robberies.)

Gooch was philosophical at the end. “It’s kind of funny — dying,” he mused. “I think I know what it will be like. I’ll be standing there, and all of a sudden everything will be black, then there’ll be a light again. There’s got to be a light again — there’s got to be.” We can’t speak to what Gooch saw after everything went black, but it definitely wasn’t “all of a sudden”: Oklahoma’s executioner, Richard Earnest Owen, was an old hand with his state’s electric chair, but the federal execution method was hanging, which Owen had never before performed (and never would again). Gooch took 15 minutes to strangle at the end of the rope.


Arthur Gooch on the gallows

* The Kelley kidnapping, unsolved for several years, eventually traced to the strange character Nellie Muench. Readers (at least stateside ones) who follow that trailhead should be sure to keep an eye out for the cameo appearance of Missouri judge Rush Limbaugh, Sr. — grandfather of the present-day talk radio blowhard.

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1960: Caryl Chessman

8 comments May 2nd, 2010 Headsman

On this date fifty years ago, death row author and celebrity Caryl Chessman choked to death in San Quentin Prison’s gas chamber while the phone outside rang, too late, with his stay.

During his abnormally protracted* (for the times) 12 years fighting death, Chessman became the poster child for the anti-capital punishment cause and the most recognizable face on death row.

He was condemned as the “Red Light Bandit,” a Los Angeles criminal who would waylay cars in lovers’ lanes with police-like flashing red lights, then rob and, for some female victims, rape them. A career felon, Chessman denied his guilt to his death (he insisted that his signed confession was beaten out of him by the LAPD, which would not exactly have been out of character).

The prickly Chessman — “not generally regarded as a pleasant or socially minded fellow,” he conceded about himself — unwisely represented himself at trial, where the confession plus eyewitness testimony of Bandit victims were enough to convict him.

Not, however, of murder.

Instead, Chessman drew two death sentences under one of the country’s several draconian “Little Lindbergh” anti-kidnapping statutes, on the intriguing jurisprudential theory that the Red Light Bandit’s having dragged a rape victim several feet from her car constituted “kidnapping.”**

This astonishingly expansive reading only became more controversial when California repealed the kidnapping law in question in the 1950s. But the repeal was not retroactive.

That left Chessman to fight his sentence with a terrifyingly iron willpower, fending off eight execution dates in the process. The last of them came in February 1960, an 11th-hour reprieve as had been several others, when a two-month stay was granted ostensibly to protect the traveling President Eisenhower from some act of vengeful local retaliation from one of Chessman’s legions of international supporters.


Via.

A cat, I am told, has nine lives. If that is true, I know how a cat feels when, under the most hair-raising conditions, it has been obliged to expend the first eight of those lives in a chamber-of-horrors battle for survival, and the Grim Reaper gets it into his head that it will be great sport to try to bag the ninth. All pussy can do is spit. Homo sapiens can write books.

-Caryl Chessman

So Chessman wrote.

Fiction and nonfiction books, numerous articles — copping to a criminal life but insistently denying his involvement in the crimes that would doom him. For a time, prison officials seized his work and forbade his writing, and Chessman resorted to sacrificing his sleep to write illicitly by night and encode his work in putative “legal documents”. Bandit or not, the man had an indomitable spirit, and it won him worldwide attention and support.

Books by and about Caryl Chessman

And bandit or not, the Grim Reaper had a mind to take that ninth life.

One might have thought that for such a lightning-rod anti-death penalty case, the election of anti-death penalty Gov. Edmund “Pat” Brown in 1958 would spell good news.

But “public opinion mobilized against Chessman,” writes Theodore Hamm in Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948-1974. That mobilization “marked the beginning of a larger popular backlash by the New Right against an essentially technocratic campaign to eliminate capital punishment in California.”

According to Hamm, Pat Brown claimed he would have been “impeached” if he had granted clemency to his uppity prisoner, leaving Chessman and his lefty backers† expediently triangulated by a Democratic governor. It’s a timeless story.

With executive clemency off the table, Chessman’s lawyer Rosalie Ashler was scrambling on the morning of the 10 a.m. execution to interest a judge in an appeal claiming that one Charles Terranova was the actual Red Light Bandit. The judge took his time reading the brief, and by the time his secretary placed a call to the death house (legend says, after once misdialing it), the cyanide pellets had already dropped.

Too late.

Which didn’t mean that Chessman was already dead — not by a long shot.

A reporter described what was transpiring inside the state’s killing chamber while Law and Ma Bell transacted their tardy business outside.

I thought Chessman must be dead but no, there was another agonizing period during which he choked on the gas. And again. And then again. There was a long period, another deep gasp. At the fourth such straining, Chessman’s head lolled in a half circle, coming forward so that he faced downward with his chin almost touching his chest. This must be the end. But the dying went on.

A deep gasp, his head came up for an instant, dropped forward again. After two or three deep breaths, which seemed something like sobs, a trembling set up throughout the body. Along the line of his broad shoulders, down the arms to his fingers, I could see the tremor run.

Then I saw his pale face grow suddenly paler, though I had not thought that it could be after his 12 years in prison. A little saliva came from his lips, spotted the white shirt that a condemned man wears for his last appearance. Even more color drained from his face and the furrows in his head smoothed out a little. And I knew he was dead.

Chessman would persist as a cultural touchstone for the issue of capital punishment for a generation.

Jim Minor, “Death Row” (1960)

Ronnie Hawkins, “The Ballad of Caryl Chessman” (1960)

Merle Haggard, “Sing Me Back Home” (1968)

(Though this tune about watching men taken to the gas chamber doesn’t explicitly reference Caryl Chessman, it was inspired by Haggard’s own prison stint where he met Chessman and experienced a “scared straight” moment.)

Neil Diamond, “Done Too Soon” (1970)

The Hates, “Do the Caryl Chessman” (1980)

In view of Chessman’s onetime celebrity, he’s an oddly forgotten character today: too strange an individual for easy approachability; too ethically indeterminate for convenient demagoguery; not sufficiently emblematic of any larger cause or community that would tend to his memory. His non-murder death sentence and method of execution seem anachronistic, no longer relevant.

Chessman surely was an avatar of the end to capital punishment that unfolded in the 1960s and 1970s, but as it went with his own case, so it went with his legacy: the simultaneous right-wing backlash ultimately rewrote the story. After all, the “liberal” governor too chicken to spare Chessman would go on to lose his office to Ronald Reagan.

Our day’s protagonist might have had a different place in the national consciousness, in stories with the phrase “as late as 1960,” had that interregnum of “abolition” Chessman presaged not turned out to be a false start.

I am not guilty. I am sure a future generation will listen.

-Caryl Chessman

* While 12 years between sentence and execution wouldn’t raise an eyebrow today (especially in California), Chessman at the time was thought to have set a record for the longest stint on death row in U.S. history.

** The legal weirdness didn’t stop with the kidnapping law. The official court reporter in Chessman’s case actually died with his trial transcription still in semi-legible shorthand. It was partially reconstructed (by a relative of prosecuting attorney J. Miller Leavy, who also won the death sentence against Barbara “I Want to Live!” Graham), but portions that could not be read were ballparked by the recollections of … prosecutor Leavy.

Appeals courts, of course, frequently have recourse to the original trial record to make various legal determinations; the evidentiary gap left by this second-hand-abridged-by-the-DA transcript was frequently protested by Chessman’s camp on appeal.

A cache of primary records from the case and its many appeals is lodged at this FBI Freedom of Information Act page.

† They weren’t exclusively leftists. William Buckley and Billy Graham both supported clemency for Chessman. Nor were they all political: the directors of the schlocky cult horror flick The Hypnotic Eye crassly pitched the headline-grabbing condemned con on a hypnotism promotional stunt, and ended up themselves being drawn into the case and believing Chessman was innocent.

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1780: David Dawson and Ralph Morden, Quaker “traitors”

3 comments November 25th, 2008 Headsman

On this date in 1780, two unconnected Quakers were hanged for two unconnected treason convictions in two different cities in Pennsylvania.

The public executions of Ralph Morden in Easton, Pa., and David Dawson in Philadelphia (in a double hanging along with counterfeiter Richard Chamberlain) had the unusual distinction of being treason convictions against the state of Pennsylvania during the Revolutionary War, rather than against any sort of federal entity.

According to the Espy File of American executions, there were only 15 people put to death for treason* during the Revolutionary War. It’s a remarkably low figure under the circumstances — separatist colonial conflict that often pitted revolutionary neighbor against loyalist neighbor.

Morden, a Quaker who kept his head down during the war, agreed to guide one Robert Land, a Tory who needed to slip past Continental sentries, and of course didn’t make it. His case is summarized here, here and here.**

Less is readily available about Dawson, but a fellow-prisoner (and fellow-Quaker) left an account remembering that he and the counterfeiter Chamberlain

were taken out amidst a crowd of spectators — they walked after a cart in which were two coffins and a ladder, etc., each had a rope about his neck and their arms tied behin [sic] them … they were both hanged in the commons of this city abt. 1 o’clock.

This prisoner, Samuel Rowland Fisher, kept a two-year journal (pdf) of his imprisonment in Philadelphia for Tory sympathies, and as one might imagine paints an unflattering picture of the revolutionary “State as they call it.” In his view, Dawson’s hanging was a

greater act of Cruelty in the present Rulers than anything they have heretofore done, for they never gave him even a shadow of a tryal in their own fashion & they have executed him merely as what they call a proscribed person because he came into the City while the Brittish Army lay here, the circumstances of which was, that he was coming from his abode with his Waggon, that being in danger of his life from some of Washington’s Men he fled into the City & left & lost his Wagon, Horses, provisions &c — He never acted in any manner under Brittish, nor had he taken the Test to the present Usurpers, he did not go with the Brittish Army to New York, but had secreted himself in various places till he was betrayed by Jamed Reed last Spring & taken prisoner

Quaker Notes

Quakers who stuck by the sect’s pacifist teachings had a tough go of the American Revolution, often lumped in as Tories by patriots and subject to spasms of popular abuse, official writs confiscating their property, and other indignities from those who considered them “the unfriendly Quakers … notoriously disaffected to the cause of American Liberty.”† That same prejudice occasionally exposed Quakers to the severest punishments for perceived crimes.

Thus Morden, who presumably helped the British agent as a personal gesture of assistance, an everyday “crime” for which hanging was an extreme stricture: one hundred Continental dollars from Chamberlain’s press to the reader who can demonstrate that this was one of the 15 most treasonable acts committed behind American lines. But confronted with the request in a time of war, what was the neutral, pacifist choice?

“A man was hanged this morning,” one British officer’s diary recorded, “for piloting some people through the back woods, to the Indians. He was very old and left a wife and 9 children. His death was chiefly owing to his being a noted friend of Government.” (Cited by John Coleman in “The Treason of Ralph Morden and Robert Land,” The Pennsylvania Magazine of History and Biography, Oct. 1955)

Dawson, meanwhile, had worked for the British during the city’s recent occupation by General William Howe and was one of many so-called Loyalists “attainted of High Treason” and stripped of property by the state. Still, the British had been gone more than two years by the time he hanged.

Egged by Benedict

What might have upgraded Dawson’s sentence to a capital one was having the bad sense to be apprehended around the same time news arrived that Benedict Arnold had betrayed the Revolutionary cause two months before this date.

Arnold had recently been stationed in Philadelphia, and there controversially married into a Tory family. The betrayal he wrought thereafter was keenly felt in the cradle of liberty, and Arnold’s

effigy was paraded through the streets and hanged, his wife was ordered to leave the city within fourteen days, and his estate was confiscated. Still more rigorous proceedings were instituted against the tories and Quakers, one of whom [Dawson -ed.] was convicted of high treason and hanged. (Source.)

Discipline and Punish

Since we are students of the morbid here, let us also pause to notice the strikingly throwback nature of the punishment — not merely the fact that the Dawson-Chamberlain hanging was public, but that they were so theatrically marched to it, with ropes drawn about necks like the false Martin Guerre.

Not only did the treason conviction belong to a pre-American jurisprudence — against the state, yes, but also of a broader British conception of treason that the still-to-come U.S. Constitution would sharply curtail — but the resulting sentence is sharply at odds with Pennsylvania’s historical image as a a haven of penal reform.

Before the decade was out, the Keystone State would establish itself as an international epicenter of the movement away from harsh and (to us) primitive-sounding judicial sanctions, reconceptualizing punishment into the ordered prison system still familiar today. Pennsylvania abolished the death penalty for all crimes but murder by the turn of the century (it had made liberal use of the rope to punish crimes like burglary before that), and even murder hangings were not frequent.

Quakers, and Quaker philosophy, were instrumental in the shift.

If the thought that led to that sea change came from a deeper place, it may yet have been informed by the episodic recent history of the revolution: according to Gail Stuart Rowe’s Embattled Bench, there were around 700 indictments and attainders for treason or misprision of treason in Pennsylvania throughout the American Revolution, and these resulted in only four hangings.

All four of the hanged were Quakers.

* The Espy file is an outstanding resource, with the intent to document every execution that took place in what is now the United States since its colonial antecedents. However, it is not necessarily reliable that it actually does this, so the precise figure of 15 should not be depended upon too greatly.

** Land himself managed to escape from the ambush, leaving only Morden to face the music. The interest in his fate seems to come from genealogists; according to this site, Charles Lindbergh numbered among his descendants — bringing us to another century’s death penalty.

† That was George Washington, cited in George Washington and Slavery. However, according to this listing of famous Quakers, other notable patriots like revolutionary Gen. Nathanael Greene, flag-stitcher Betsy Ross and polemicist Thomas Paine were Quakers, too.

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1927: Father Miguel Pro, “Viva Cristo Rey!”

4 comments November 23rd, 2008 Headsman

On this date in 1927, the anti-clerical Mexican government made the emblematic martyr of the Cristero War.

This video is in Spanish, but the storyline is pretty easy to follow — young man finds faith, lives faith, dies faith.

Miguel Pro‘s dying cry, “Viva Cristo Rey!” — “Long live Christ the King!” — was a refrain of Cristeros, anti-government guerrillas who in the late 1920’s fought the revolutionary Mexican government’s attempts to forcibly restrict the power of the Catholic Church.

That conflict had been brewing for years, an outgrowth of Mexico’s own complex history of colonization and development — measures to restrict the church’s size, wealth, and social reach had been mooted and sometimes implemented well back to the middle of the 19th century.

Early in the 20th, the confrontation was merely a twist on its classic form: liberal state-builders and the Catholic hierarchy were (or increasingly saw themselves as) diametrically opposed in their vision for Mexico.

That conflict came to a head under president Plutarco Elias Calles, an irreligious northerner with a project of national capital development for whom the church’s intransigence from its agrarian strongholds was most unwelcome … and who seemed to delight in provoking Rome with sport like mandatory physicals for priests, not neglecting to publicize the incidence of venereal disease thereby revealed.

Liberals had already brought about drastically reduced clerical privileges in the Mexican Constitution of 1917; its somewhat draconian measures were neither fully enforced nor fully resisted, but initiated a period where the two hostile institutions rudely grappled for their respective spheres of influence on the ground.

Calles was the rudest grappler of all, and his 1926 Calles Law pushed for anti-clericalism stricter than the letter of the constitution … and sparked armed resistance.

It was an exceptionally dirty war with routine summary executions on both sides and thousands of Catholic refugees — a dangerous environment for any priest with legal sanctions against basically every practice of the vocation. (Photos of Cristeros, some in heroic resistance and others in grisly martyrdom, can be eyeballed here.)

Pro, a Jesuit who like many was forced underground, was under state surveillance and got picked up in the aftermath of an assassination attempt against a prominent politician. He was chosen to make an example of — without an actual trial, possibly because there’s no actual reason to think he was involved in the bombing.

Looking at these pictures of Pro’s last moments, it’s hard to believe that they were taken and circulated at government direction to cow the Cristero movement. Fail.


Led out to execution in a police courtyard. The place of his death today is (bizarrely) Calle Loteria Nacional.


Calmly at prayer before his death, under the eye of the firing squad commander.


Pro himself refused a blindfold. But why state authorities carrying out the execution with an eye towards public relations would allow him to die in this pose is anyone’s guess.


He blessed and forgave the firing squad, of course.


Just beginning to topple at the moment the bullets struck him.


Like many firing squad executions, this one failed to kill its victim with the ceremonial volley. Pro was finished off with a coup de grace.

Calles was simultaneously — the key measures were also enacted in 1926 — involved in a confrontation with the United States over oil rights, a situation that came to the brink of war, with Washington saber-rattling about “Soviet Mexico”. It’s tempting to wonder whether the two situations weren’t related, especially since the new American ambassador* who had arrived only the month before Pro’s execution would ultimately negotiate both situations’ resolutions.

While the natural resource politics went their separate way, the Mexican Revolution’s anti-clerical strain didn’t so much disappear by negotiation as fade away over decades, with regular new outbreaks.

One thinks of Mexico today as such so staunch a Catholic country that it’s hard to imagine that some of these provisions were only officially repealed in 1998.

As for Pro, he’s welcome in Mexico by now — celebrated by Pope John Paul II who ultimately beatified him, and the inspirational source of this hymn whose refrain is his famous last cry.

There’s a faithful site in his honor here, and apparently a shrine to him in Houston, Texas run by a group pushing for his canonization.

* The American ambassador in question, Dwight Morrow, invited Charles Lindbergh on a goodwill tour to Mexico, where the aviator would meet the diplomat’s daughter not long after Miguel Pro’s martyrdom. Little could Lindbergh and Anne Morrow suspect that their love match would set them on the path to their own famous encounter with capital punishment.

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