DEAR SIR: We, the subscribers, request to say that there was found this morning a dead man, and still hanging, in our neighborhood, as the inclosed scrip which was found pinned to his back, will show you by whom it was done. We have made a suitable box and buried him near the place he was found hung. Should his friends wish to get his body, they can get it by applying to any of the subscribers. We trust that you will not attach any blame to any of the citizens of this neighborhood, as we were entirely ignorant of any of the circumstances until we found the body. From all we can learn, he was brought across the Chowan River to this place, and as soon as the men who had him in charge hung him, they went back.
It was signed by ten people of Pasquotank County, North Carolina.
The note they enclosed, retrieved from the hanging body, read:
Here hangs Private Samuel Jones, of Company B, Fifth Ohio regiment, by order of Maj.-Gen. Pickett, in retaliation for Private Daniel Bright, of Company L, Sixty-second Georgia regiment, hung Dec. 18, 1863, by order of Brig.-Gen. Wild.
Bright, a member of the newly-formed 66th North Carolina guerrillas, had been hanged as a spy. Jones had been obtained by casting lots among Union prisoners of war held at the Confederate capital of Richmond, in response to Pickett’s demand for some Yankee to execute tit for tat. (Pickett’s proclivity for retaliatory executions would soon require him to quit the country at the end of the Civil War.)
Tuesday morning last I was horrified at the announcement by a friend that Jas. Utz, Paul’s companion and leader in their attempt to go South, had been executed, being hung on Monday, the day after Christmas, in the jail yard.
It plunged me in a stupor or excitement from which my mind was not free for the entire day. The sentence barely issued and the punishment instantly carried out! The hurry, the suddenness was most revolting. No time given for taking leave of family, friends! No time for appealing for mercy or for a reprieve. No time allowed for composing himself for death!
-Diary of a family member of Paul Fusz, one of Utz’s secret party. (Fusz, only 17 when captured, was pardoned after serving six months at hard labor.)
On this date in 1862, Union Gen. John McNeil had ten Confederate soldiers shot in what history has recorded as the Palmyra Massacre.
The Slave Power’s northern salient, Missouri was surrounded to the east, north, and west by free soil — which made it an antebellum flashpoint since the days of the Missouri Compromise.*
In the 1850s, the Missouri conflict spilled into neighboring Kansas as the enemy sides of the slavery question fought to determine whether Kansas would enter the Union as slave state or free. The Missouri borderlands of Bleeding Kansas was where the radical abolitionist martyr John Brown made his name, commanding free state militia in a guerrilla war that presaged the coming clash of North and South.
By the time we lay our scene in 1862, John Brown has exited courtesy of Virginia’s gallows, and the dragon’s teeth sown in Missouri and Kansas and everywhere else had sprung to horrible life. Missouri’s own civil war pitted neighbor against neighbor throughout the state in a bushwhacking conflict that extended locally for many years after Appomattox.**
The nastiness of the years to come is aptly suggested by this date’s events.
Like neighboring Kentucky, Missouri was a border state with a Union government, albeit one contested by a rival Confederate government. From the standpoint of the North, all Confederate activity there was behind its lines and the perpetrators therefore potentially subject to treatment (up to and including execution) as spies, saboteurs, and the like.†
Joseph Chrisman Porter, a Confederate officer, was one such possible client of this here site, tapped as he was for recruiting and raiding operations in northeast Missouri. His Union adversary Gen. John McNeil saw Porter as basically a terrorist. In August of 1862, Porter’s aide Frisby McCullough fell into McNeil’s hands: the Union general had McCullough shot.
On September 12, Porter raided the town of Palmyra, where McNeil held a number of Confederate prisoners. In the course of the raid, he kidnapped Andrew Allsman, a 60-year-old Palmyra resident. “It was said of him that he was able to inform the military authorities of certain movements of the enemy, and that he gave definitive information as to the homes and whereabouts of many men of Confederate leanings,” in the words of this pro-Confederate 1902 pamphlet on the incident. “Naturally, this placed him in disfavor with the Southern sympathizers and those who were fighting in that cause.”
What happened next — though it was not known to the Union at the time — was that Allsman was shot. The pamphlet just cited attempts to obfuscate this event into the fog of war and not really Porter’s fault. The bare fact is that his raiders had gone out of their way to seize an aged non-combatant and then summarily executed him.
Not knowing Allsman’s fate, McNeil responded with an ultimatum to his opposite number.
Palmyra, Mo., Oct. 8, 1862.
To Joseph C. Porter.
Sir: — Andrew Allsman, an aged citizen of Palmyra and a non-combatant, having been carried away from his home by a band of persons unlawfully arraigned against the peace and good order of the State of Missouri, and which band was under your control, this is to notify you that, unless Andrew Allsman is returned unharmed to his family within ten days from date, ten men, who have belonged to your band, and unlawfully sworn by you to carry arms against the government of the United States, and who are now in custody, will be shot as a meet reward for their crimes, amongst which is the illegal restraining of said Allsman of his liberty, and if not returned, of presumptively aiding in his murder. Your prompt attention to this will save much suffering.
Provost Marshal General Northeast District of Missouri
By order of Brigadier General commanding McNeil’s column
The Confederates, of course, could not produce Allsman.
So, on the evening of Oct. 17, five rebel prisoners in the Palmyra stockade plus five more held in Hannibal were informed that they would be shot the next afternoon, in ruthless enforcement of the threat.
The men who died this date in 1862 by a volley of musketry at the Palmyra fairgrounds were:
Captain Thomas Sidenor
William T. Baker
Their names adorn the base of a monument erected in Palmyra in 1907 commemorating the so-called “Palmyra Massacre”. The state of Missouri as a digital archive of original documents relating to the affair available here.
* Missouri was where the slave Dred Scott lived; his owner taking him to the neighboring free state of Illinois and thence points north occasioned the notorious Supreme Court case that bears his name.
** Frank and Jesse James were Confederate partisans for William Quantrill in the Missouri war; they segued directly into their more celebrated career in outlawry right after the war ended — robbing banks whilst settling scores with pro-Union men for the rest of the 1860s, before branching out to other points on the frontier.
† The Union might obviously have chosen to treat the entire Confederacy as a treasonable enterprise rather than a legitimate enemy belligerent. As a historical matter, it did not take this perspective.
On this date in 1923, two anarchists were garroted in the Catalan city of Terrassa.
Terrassa was unwillingly under new management, having been occupied by the Captain-General of Catalonia Miguel Primo de Rivera* upon the latter’s coup just days prior to the events in this post.
In historical periodization, Primo de Rivera’s six-year dictatorship marks a last stage of the Restoration, a decades-long social struggle bridging the span between Spain’s twilight years in the imperial-powers club and the onset of the Spanish Civil War.
Spain and especially the notoriously insurrectionary Catalonia had been riven by conflict in the first years of the 1920s. One of our principals for this day’s execution, Jesus Saleta, had been a leader of the intermittently outlawed anarchist trade union CNT,* whose gunmen fought ferocious street battles with police and company enforcers.
He was not averse to dirtying his own hands. In 1922, Saleta had stood trial (he was acquitted both times) for running a bomb factory and for orchestrating an attack on businessman Joan Bayes. After the murder of CNT executive Salvador Segui early in 1923, Saleta helped organize the reprisals. Tension and bloodshed rose throughout the year.
On September 18, he committed the crime for which he would die less than a week later: together with Pascual Aguirre and several other anarchists, he robbed a bank to finance his underground operations; a man was shot dead in the process. Saleta, Aguirre, and a third collaborator, Joaquin Marco, were arrested in the ensuing chase.
Marco was acquitted — he had not been identified clearly enough — but both Saleta and Aguirre were condemned to the firing squad, a sentence the military unilaterally amended to the garrote on the grounds that shooting was too honorable a death for these terrorists.
Both went boldly to the scaffold on this date. (There’s a full narration of proceedings in a Spanish newspaper (pdf) here, and a plain-text equivalent here) “This is the way anarchists die!” a proud Saleta exclaimed to the executioner as he was seated.**
The cry “Viva anarchy!” was the last thing each man uttered as the metal ring wrung the life from his throat.
* We’ve already met Primo de Rivera’s Falangist son in these pages.
By the old wall at Colchester,
With moss and grass o’ergrown,
The curious, thoughtful wanderer
Will note a small, white stone.
Tis sunken now — yet slight it not;
That stone can speak, and tell
A tale of blood; it marks the spot
Where Lisle and Lucas fell.
On earth there is no abject thing
So abject as a fallen king.
And Charles, despoiled, cashiered, discrowned,
In his own halls a captive bound,
Spurned, crushed by countless ills forlorn,
Drinks to the dregs the cup of scorn.
Yet in that hour of blank despair, Lisle, Lucas, Capel, Compton dare
Their wrecks of shattered strength to call To Colchester’s beleaguered wall;
Round Charles, in hope ‘gainst hope to cling
Proclaim, e’en yet, that Charles is king;
And one more mighty effort try
For honour, love, and loyalty.
Vain all the dauntless venture — vain
Their valour, piety, and pain.
Who in the field the foe repels
Grim Famine in the city quells.
The soldier, gaunt and staggering, crawls
From post to post along the walls;
With leaden eyes the townsmen meet,
Like spectres, in the howling street.
No bread within — without, the foe —
No friend, no succour nigh —
The leaguer closer drawn — they know
They needs must yield, or die.
They yield — and Fairfax, bloody heart!
Ere yet the shades of evening part,
Dooms to a sudden, felon grave
Lisle, Lucas, bravest of the brave;
And Ireton, in exultant glee,
Hastes on the murderous tragedy.
“Haste on the murderous tragedy!
Nor let them live another night,
Nor mother, sister, brother see;
Nor give them space to order right
Their souls to meet their Maker’s sight!”
One hour — brief respite! So to prayer,
Last refuge of the soul, they went —
To prayer, and blessed Sacrament;
And then rose up, refreshed, to bear
Whate’er of added scorn or sting
The circumstance of death might bring.
“Lead Lucas forth!” Forth Lucas came,
And on the files of musqueteers
Smiled as in scorn; in step and frame
No trembling, and in soul no fears.
But, as from fields of carnage wet,
He oft had marched to victory,
Though vanquished, fettered, doomed to die,
He stands the victor-hero yet;
And cried, “In battle’s stern embrace
Oft I and death met face to face;
See now in death I death defy,
And mark how Lucas dares to die.”
He bowed his knees a little space,
With clasped hands, and eyes lift up;
And craved of Jesu parting grace
To sweeten pain’s last bitter cup;
Then laid his bosom bare, and cried,
“I’m ready: rebels, do your worst;”
Fell on his face, and groaned, and died,
Pierced with four savage wounds accurst.
“Haste on the murderous tragedy!
Yea, howl aloud for victims more;
And with remorseless butchery,
Let Lisle be bathed in Lucas’ gore.”
He treads the stage of death, his eye
Glancing defiance round —
He sees his brother’s body lie
Stretched on the bloody ground.
Tis more than e’en a Lisle can bear —
The mighty heart gives way;
He weeps amain, and kneeling there
Beside his dead, in love’s despair
Kisses the lifeless clay;
And sobs his requiem: “Oh, my friend,
My brother, thou hast reached thy goal!
Christ is thy rest — Christ me defend;
My spirit with thy spirit blend,
Thou peerless and unspotted soul!”
Then stands erect, the anguish past;
And marks in lines the levelled gun —
“Come nearer, men.” “Nay,” answered one,
“Fear not, good Sir, we’ll hit you fast.”
“Ah!” cried the warrior, “oft in fight
Nearer to me than now ye came;
In field and fort, by day and night
I met you, and ye missed your aim.
And oh, how oft as well ye know,
In hottest blood and deadliest strife,
I checked my hand, and spared the blow,
And sheathed my sword, and gave you life.
I die content; my God shall bring
Grace for my soul’s anneal;
I die for faith, for Charles my King,
And for my country’s weal.”
With invocations loud and deep
On Jesu’s blessed name.
E’en as he prayed, he fell asleep
When the death-volley came.
Where Lucas fell, there Lisle lay dead —
They slept on one same gory bed.
One in their common death; in life
One in the same dread, glorious strife;
As one to live in honour high,
So one in mighty heart to die.
One grave contains the sacred dead —
Go, ponder there awhile;
Then say with pride, “My country bred
A Lucas and a Lisle.”
In view of the coming draft the Government has found it necessary to hang a man.
The victim selected was a poor man, with a wife and children living in Perkiomen township, Montgomery county. He was a small farmer, with six acres, and engaged occasionally in the manufacture of tobacco and cigars. He lived in a Democratic county and township, where trouble was possible as to the draft, and certain at the election.
He was a man of good character, and ordinarily of gentle disposition. His dying words were: “I commend my wife and little ones to the charity of the world, and I ask pardon of those I may have injured and hope they will forgive me and pray for my soul.”
He was a brave man, had proved it on the battle-field, and as the press report says he told his counsel, “he faced the last music like a soldier.”
Such, in brief, was William H. Howe, of Montgomery county, who, on Friday last, was hanged at Fort Mifflin, where, one of the “loyal” newspapers of this city remarks, “the proceedings were conducted most harmoniously.”
Fort Mifflin as it appeared in 1870. William Howe was the only prisoner ever known to have been executed there.
But this is not all: the Government, in selecting this victim and making this example, was determined to show the Democrats of Montgomery county, that no antecedent merits or services could soften its heart or mitigate its doom of vengeance.
Howe was one of those unfortunate men who, excited by prevalent enthusiasm, and imagining that the authorities would protect their soldiers, enlisted two years ago in a Pennsylvania volunteer regiment. He entered the service in August, 1862, just before Antietam — when Pope‘s army was defeated, and Washington was threatened, and Mr. Lincoln frightened out of his wits.
Howe was one of those of whom Mr. Seward wrote to Mr. Dayton: “Our new levies are coming in in great numbers and in high spirits.” He went through the whole campaign at Fredericksburg, being
one of the five men who came off the field with the colors of his regiment! He exchanged his musket for an Enfield rifle, and again went upon the field with our skirmishers, and remained there all night till next day. He escaped by swimming the Rappahannock river.
Such were his merits, who was ignominiously hanged last Friday.
Now, a word as to his delinquencies. We again quote the loyal reports:
At the time he left the regiment he was suffering from inflammation of the bowels, and the regimental hospital being burned down, and having neither surgeons nor medicines, he, with some twenty others, determined to look out for themselves for treatment and reported themselves to the hospitals at Washington. Afterwards he and Augustus Beiting, a member of his company, returned to their homes.
For some two months afterwards Howe was confined to his bed.
This, we presume, was called “desertion.”
Two poor fellows, wasted by the most agonizing of diseases, with no hospital roof to cover them, and, mark this! gentle reader, who hear of champagne dinners and tableaux in our suburban hospitals, “having neither surgeons nor medicines,” wander back to their homes, and lay their wearied limbs and throbbing temples on the humble bed in Perkiomen. This was the initiate crime, though not the one for which he died. Let us see what that was, for we have no wish to do injustice to the executioners. We do not at all agree with the Press, which says “that having once given the facts, a further statement is superfluous.”
The scene of the crime was his home in Montgomery county.
That county has a Perkiomen township, and a Chiltern township, not many miles apart. Little over a year ago, in the latter township, a poor but most respectable white man, Mrs. Butler’s gardener, walking quietly on a public road, was shot down like a dog by a negro soldier, and died in agony.
For this dark deed of blood, the penalty was a mild conviction for manslaughter, — which it as much resembled as it did arson or burglary, — a sentence for a few years, and, if we mistake not, a pardon.
The negro ruffian, unlike poor Howe, had never done a deed of valor, or probably fired a musket till he pulled the trigger at the wayfarer on the Chiltern lanes. He was one of the League pets — a Chestnut street darling, and had a claim on the sympathy and mercy of those who judge always gently a negro’s fault.
Not so William H. Howe, the white Perkiomen soldier.
His deed of wrong was this: About midnight of the 21st June, 1863, he was awakened from a deep sleep — till then the sleep of innocence — by an alarm supposed to be given by the companion who had accompanied him home, that the Provost Marshal was coming to arrest him.
The first impulse was incredulity. The next, to try to escape. The last, resistance.
The words Provost Marshal, associated in a soldier’s mind with thoughts of severity, and cruelty, and sternness, have an awful sound by day or night. Those who think all Provost Marshals resemble the effeminate fribbles who superintend the draft in our streets, can form no idea of the real spectre.
Howe seized his musket, probably the one he brought in triumph from the bloody field of Fredericksburg, and fired it in the darkness, killing the enrolling officer.
The negro’s deliberate homicide is manslaughter. The white man’s rash or passionate misadventure is capital murder.
“I never,” said Howe on the scaffold, “sought the life of the man I killed. I never wished it, and I feel God will pardon me for taking it as I did.”
This, then, is the deed for which this poor fellow was condemned and died — and for which, in view of the draft, no mercy was found in the hearts of Joseph Holt and Abraham Lincoln.
Of the trial by some unknown, irresponsible military court, of which the prisoner’s prosecutor was the President, we do not care to speak. We think of it as history does of the judges who, a hundred years ago, sent to his bloody grave, according to the forms of martial law, a gallant English sailor, whom the hard-hearted monarch of that day refused to pardon, but executed “to encourage the others.” It is a sad record altogether.
And then the feeble attempt at a habeas corpus in the Federal Court, and the citation of Wolfe Tone‘s case, with its suggestive hint at suicide! The whole thing seems like a hideous mockery.
The Judge’s idea that Howe, like Tone, had waived the writ by appearing before the court martial, seems a little odd, but we do not presume to criticise judicial action, and we are very sure the Judge must have been reluctant to deny relief to a Montgomery county man, one of his former constituents. The writ, however, was refused, and last Friday, the white man was hanged, and the enrolling officer was avenged.
Howe died like a brave man. He parted with his wife and three little children with deep emotion, and then his work was done.
He was taken in an ambulance by a back way from the Penitentiary, now, it seems, used as a military prison, to the river and thence in a boat to Fort Mifflin.
“Neither guard nor prisoner,” says the North American, “uttered one word during the run down to the Fort.” There was quite a crowd to welcome him.
“The steamer Don Juan,” says the Press, “was chartered for the purpose and took down the members of the Press club.”
“The gallows,” kindly loaned by the Inspectors of the County Prison, says the same paper, “was the one on which the Scupinskis, Arthur Spring and Maddocks were hanged.” In other words, the brave Fredericksburg soldier — the Perkiomen volunteer — was ostentatiously disgraced by being put on a level in this respect with mean, mercenary murderers — and Howe died without a murmur or complaint, keeping his word that “he would face the music like a soldier.” And thus the hideous narrative concludes: “The body was taken down and placed in charge of Mr. Black, the Government undertaker, who had it embalmed yesterday afternoon and sent to Howe’s widow.”
And it will be carried to his home — and the embalmer, proud of his skill, will take off the coffin lid, and the widow and the three little children will look at the swollen and blackened features of him they loved so well, and they will think of the pride with which he used to tell, and the interest with which they used to listen to the tale of his rescuing the regimental flag at Fredericksburg — and the neighbors will come and look, and in many a lacerated and agonized heart the question will be asked, “why was there no mercy for him?”
To us the whole thing seems simply horrible; and badly as we think of it, doubly atrocious will have been the deed, if the reason given for this execution be the true one. The Press, which may certainly be considered the organ of the Administration here, thus accounts for the severity in this case:
The deceased exhibited great bravery at the first battle of Fredericksburg, and after several color bearers had been shot down, he seized the standard and bore it through the heat of the contest. These were noble traits, which he is yet entitled to. It is very evident that he did not intend to kill Mr. Bartlett, but society at that time, in that part of Pennsylvania, was tainted with Copperheadism, and it may be well supposed that the draft resisting, dark lantern conspirators had the effect to instil in the mind of Howe some of the poison for which their victim was hung instead of themselves.
According to this, this brave soldier was hanged because he lived in a Democratic region. The negro of the Chiltern Hills was spared because Government bankers, and Abolition lecturers and shoddy contractors there do congregate, and the township gives a Republican majority.
The patience of the people of Pennsylvania really seems inexhaustible; and all we can hope to do is to help to make up the awful record of atrocity for the long deferred, but inevitable day of retribution.
He was one of* the “Four Hitokiri“ — manslayers — whose legendary blades coruscated in the Bakumatsu era that marked Japan’s pivot from an isolationist feudal state, one where samurai were big men on prefectures, to a burgeoning modern power ruled by industry and mass conscription.
The irony was that dinosaurs like the Hitokiri helped bring the asteroid down on their own heads.
Warriors/assassins like the Hitokiri were wooed by the imperial camp and the promise of a policy that would maintain the purpose and privilege of elite swordsmen. But once power was conquered, the Meiji emperor repaid those knights’ exertions by doing the modernization thing that Hitokiri types had hoped to avoid.
Okada Izo was among the first barbarian-expellers to be caught up by the policy swing. After a couple of years running amok in Kyoto, the anti-foreigner movement was suppressed and its leader forced to commit seppuku, which was still more deference than Izo received.
This date in 1865 was the originally scheduled hanging of Indiana pro-slavery gadfly Lambdin P. Milligan — a sentence respited two days prior by President Andrew Johnson, and then subsequently commuted, for which reason Milligan survived to attach his surname to a landmark Supreme Court decision the following year.
During the Civil War, the state of Kentucky was a borderlands claimed by, and viciously fought over, by both North and South. “I hope to have God on my side, but I must have Kentucky,” Abraham Lincoln wrote in 1861.
Kentucky’s northern neighbor, the Union breadbasket Indiana, had little fighting and no hint of Confederate power — but it was a hotbed of so-called “Copperheads”, northern Democrats who opposed Lincoln’s willingness to prosecute the civil war. So fraught was the Hoosier political situation that in 1862, Indiana’s Republican governor refused to call the Democrat-dominated legislature for fear that it might vote a secession bill or attempt to withdraw Indiana from the war.
The inevitable existence of northern domestic opposition to the war came joined at the hip to impossible statecraft conundrums. Just how much wartime dissent and/or resistance could be countenanced — as a legal matter, and a practical one? President Lincoln would not have received an A+ from the American Civil Liberties Union; he suspended the writ of habeas corpus in the Union and resorted to military tribunals and martial law in some places.
Our man Milligan was one of these Copperhead Indiana Democrats born to test Washington’s elasticity. He was an exponent of the Knights of the Golden Circle,* a pro-slavery secret society whose name denoted their aspiration to the antebellum filibusters‘ dream of a human-bondage empire to ring the Caribbean basin.
An attorney,** Milligan briefly became the toast of Democrats nationwide (whatever was left of the nation) for his robust defense of Clement Vallandigham when the former Congressman was prosecuted under the anti-Copperhead General Order 38.
At this point, Milligan was very well-known in what was then called the Northwest, and he was a major political player in Indiana — a pivotal state in the 1864 election.
But according to federal spies who tailed him in 1863-64, his interests in governance ran to more illicit grants of state power. Milligan was arrested in October 1864 as a principal in what was dubbed the “Northwestern Conspiracy”: a plot to mobilize the antiwar factions in that part of the country. This was no mere matter of pamphleteering; the “visionary and desperate” scheme aimed to prolong the hopes of the now-fading South by instigating an armed uprising in the Northwest that would relieve Union pressure on Dixie and perhaps turn the tide of the war.
Milligan was among several of the conspirators swept up in arrests in the following weeks, then tried by military tribunal for treason and sedition. It’s hard to argue that the plot was anything but.
But why a military court? This is the question in Milligan’s great legacy to posterity, the Supreme Court ruling Ex Parte Milligan.†
Milligan himself was not a soldier, and had not been in a war zone. He was a civilian, and Indiana’s regular civilian courts had never ceased to function. The question at stake in Milligan’s appeal to the Supreme Court was whether there was any legitimate recourse to a military tribunal under such conditions — well behind the lines, as it were.
On the morning of March 5, 1866, 34-year-old Republican U.S. Representative James Garfield — the future president whose assassin would command contentious caselaw all his own — strode into the U.S. Supreme Court to eloquently argue Milligan’s side.
“Such a doctrine,” Garfield intoned of the civilian courts’ being intentionally bypassed on national security grounds, “is too monstrous to be tolerated for a moment; and I trust and believe that … it will receive its just and final condemnation. Your decision will mark an era in American history. the just and final settlement of this great question will take a high place among the great achievements which have immortalized this decade. It will establish forever this truth, of inestimable value to us and to mankind, that a republic can wield the vast enginery of war without breaking down the safeguards of liberty; can suppress insurrection, and put down rebellion, however formidable, without destroying the bulwarks of law; can, by the might of its armed millions, preserve and defend both nationality and liberty … if the protection of the law shall, by your decision, be extended over every acre of our peaceful territory, you will have rendered the great decision of the century.
The high court found for Milligan unanimously, establishing as a constitutional bedrock Garfield’s proffered principle that civilian courts must try civilians wherever those courts are open, and ordered Milligan’s release. Although re-indicted by a civilian grand jury, Milligan was not re-prosecuted; he resumed his law practice and died near Fort Wayne, Indiana on December 21, 1899.
** Milligan studied law in Ohio, his native soil; his class of nine also included Edwin M. Stanton — Lincoln’s War Secretary during the events of this post. Milligan himself reflected that “I should have probably been hung” but for his fortuitous ancient friendship with Stanton.
† Court precedents with names like Furman v. Georgia are most familiar to us, signifying two disputing parties; by contrast, the phrase ex parte (by/for the party) theoretically indicates a decision issued on behalf of the named party, without need of any opposing party’s intervention. (Ex parte Quirin is another notable death penalty case using this terminology.)
While the ex parte locution was once a common one for habeas corpus appeals, such cases were in practice almost invariably contested by some organ of the state — as Milligan’s was.
Sheridan, who had in the course of that campaign made his lasting fame by rallying his troops after an initially devastating Confederate surprise attack, was highly concerned at the prospect of rebel spies and infiltrators.
Our two poor fellows, Henry Regley and Charles King, were actually nothing of the sort — just bounty jumpers who donned the blue uniform to collect a cash reward for joining up, and then deserted at the first opportunity. Given the state’s primitive tools in the 1860s for monitoring individual citizens or verifying identity, many bounty jumpers simply repeated the enlistment-desertion cycle several times.
Being shot as a deserter was one of the occupational hazards — a small one, but a real one. But being shot as a spy? Well, General Sheridan was on the lookout.
These deserters on their way out of camp happened to bump into a patrol of “Confederates”: actually a Union detail Sheridan had uniformed like the enemy for sneaky reconnaissance. What ensued next was your basic comedy of mistaken identity … with a double execution at the end.
Henry Recli [sic] of Co. L and Christian A. Gross, alias Charles King of the same Company, a German by birth, left the regiment while at the present camp. A party of scouts led by Major [Young] of Gen. Sheridan’s staff, at their head, dressed in rebel uniforms met these men up the valley, a number of miles outside the picket lines. As they conversed with them, the deserters supposing them to be genuine rebels, gave them the contraband information, and stated that they had been trying to desert for some time. They assented to a proposal to exchange clothing, and then were arrested.
I am informed by Chaplain John L. Frazee, whose trying duty it was to be with the condemned during their last hours, that both persisted in their innocence to the last. When told by the Provost Marshall Lee, that they were to die at noon, they said they knew that the night before, when they were in Winchester, at which place Gross, who had always signed his name as Charles King, wrote a letter to friends in Philadelphia, signed Christian A. Gross, in which he expressed his doubts of the carrying out of the sentence. The chaplain believes this idea deceived them until the last moment, although they yielded a sort of mechanical compliance with the solemn services held with them in private, and kneeled in prayer before being taken from prison.
Private Friederich Jaeckel’s drawing in his diary of the two deserters, again via New Jersey Butterfly Boys. Though that book’s caption places this on January 6, 1864, context suggests this must in fact be our 1865 incident; there is no indication I can find of an executed pair in the army dating to exactly one year before.
The details of the execution of this kind are terribly formal and impressive. Fully three thousand cavalrymen were drawn upon three sides of a square upon a gentle slope a little way from headquarters. Each regimental and brigade staff was with its organization and centrally stationed was Gen. Custer and his staff and body guard. When the Division was arranged, Provost Marshall Lee gave orders that the condemned should be brought forth, and thoroughly unused as I was to seeing death in that shape, the memories clustering about that slow moving group, seem as if burned in my brain.
The Provost Marshall, preceded by the band, with a small body guard, led — then the firing party, made up of twelve picked men from our own regiment. A large open wagon, drawn by four white horses, came next — in which there were two coffins, upon each of which sat a doomed man riding backwards, with feet ironed and hands tied behind. Each had a long white scarf about the head. Besides these rode the Chaplain and a proper guard dismounted closed the rear.
The fine brigade band, which had marched in silence until near the Division, when the first side of the square was reached, began playing a Dead March, and thus did this little group march slowly around inside the whole army, and at last halt at an open grave — dug in the center.
The men were now lifted from the wagon, the Coffins duly placed, and the men seated as before facing the whole Division. Marshall Lee then, from his horse, read the order and warrant … brief religious services were held, the Chaplain reading a portion of the burial service, and offering prayer for the condemned. Neither had anything to say, and the Chaplain retired a few paces. The faces of the men were then covered, and the firing party quickly drawn up in line with pieces previously carefully loaded and placed in their hands. One of the twelve had, by a merciful regulation in the Articles of War, a blank cartridge, and each comrade had the hope that he should send no fatal ball.
More rapidly than I can trace this account was the preparation done. Ten paces off stood the line — each man sternly appreciative of his fearful duty.
“Attention” Ready! Aim! Fire! The report was almost as if one carbine had responded. Two bodies fallen backwards and dead were all that remained of Recli and Gross. The surgeon in a few moments pronounced life extinct; and the scene closed by marching the whole body of troops past their Coffins, lying as they fell — this most solemn warning one can imagine to the soldier — to be faithful to himself, his oath and his Country. MANATOM
* Abraham Lincoln’s hilarious description of the 1.65-meter (5′ 5″) “Little Phil”: “A brown, chunky little chap, with a long body, short legs, not enough neck to hang him, and such long arms that if his ankles itch he can scratch them without stooping.”
Actually, although your guess is spot on for the instance at hand, overlapping kin networks and cutthroat politicking made for an indistinct border between Lancastrians and Yorkists that some actors willingly crisscrossed. Richard Neville’s cousin Thomas Neville, for example, was a Lancastrian, who switched to the Yorkists, and then switched back to the Lancastrians. All this goes to show the treacherous environment for nobles who could go from the orbit of royal power themselves straight to the headsman’s block with each new battlefield reversal. And Salisbury, he was Team White Rose* right on down the line.
(The Neville family’s running feud with their fellow northern magnates, the Percys, helped to catalyze the York-Lancaster rivalry into open warfare.)
Salisbury led the Yorkist side to a notable early victory at the September 1459 Battle of Blore Heath, cunningly baiting the Lancastrians into a disadvantageous charge across a brook by feigning retreat. Then, runs Hall’s chronicle, “the Earl of Salisbury, which knew the sleights, strategies and policies of warlike affairs, suddenly returned, and shortly encountered with the Lord Audley and his chief captains, ere the residue of his army could pass the water … [and] so eagerly fought, that they slew the [Lancastrian commander] Lord Audley, and all his captains, and discomfited all the remnant of his people.”
The Yorkists didn’t do as well at the Battle of Ludford Bridge three weeks later and their leaders (Salisbury included) had to flee England to regroup.
This 1459-1461 period has especially rapid reversals of fortune for the contending parties in the Wars of the Roses, who seemed to alternate between them the results of the latest battle and with it the leadership of England.
As the most recent losers, Salisbury and his son, the Earl of Warwick — known as the “kingmaker”, this younger Richard Neville was one of the pivotal figures of the dynastic wars — had to flee England with many of the Yorkist leaders. But they mounted a re-invasion from Calais where Warwick was constable and the Nevilles pere and fils led separate columns that overran London, and captured the Lancastrian King Henry VI. Suddenly, the ex-fugitive York was the Lord Protector, England’s de facto ruler, and its de jure successor.
But as had been the case one year before, fickle Fortune abandoned the House of York almost immediately after raising it up. Two months later, their forces ventured battle with a much larger army of the regrouping Lancastrians; as night fell on December 30, 1460, York himself lay dead in his armor while his kinsman Salisbury was a prisoner with just hours left to live.
This was, of course, very far from the end for the Yorkist party, for both men left their causes to capable heirs. York’s 18-year-old son Edward inherited his father’s claims to the throne of England; together with Warwick, they counterattacked and crushed the Lancastrians at Towton on March 29, 1461** — finally deposing Henry VI and enthroning York’s eldest son as King Edward IV.
** The undercard fight to Towton was February’s Battle of Mortimer’s Cross, which also featured a crushing defeat of the Lancastrians — led on that occasion by a commander whom the Yorkists subsequently put to death, Owen Tudor.
Against any odds one could care to name, it was this Owen Tudor’s descendant who would eventually emerge from the Wars of the Roses as England’s legitimate-ish king, Henry VII — founder of the Tudor dynasty so very fruitful for this here execution blog.