1863: Lawrence Williams and Walter Peters, bold CSA spies

Add comment June 9th, 2017 Headsman

From the July 4, 1863 issue of Harper’s, as digitized by sonsofthesouth.net.

THE EXECUTION OF WILLIAMS AND PETERS.

We are indebted to Mr. James K. Magie, of the 78th Illinois Regiment, for the sketch of the execution of the two rebel spies, WILLIAMS and PETERS, who were hanged by General Rosecrans on 9th inst. The following account of the affair is from a letter written by the surgeon of the 85th Indiana:

HEADQUARTERS POST, FRANKLIN, TENNESSEE

Last evening about sundown two strangers rode into camp and called at Colonel Baird’s head-quarters, who presented unusual appearances. They had on citizens’ overcoats, Federal regulation pants and caps. The caps were covered with white flannel havelocks. They wore sidearms, and showed high intelligence. One claimed to be a colonel in the United States Army, and called himself Colonel Austin; the other called himself Major Dunlap, and both representing themselves as Inspector-Generals of the United States Army. They represented that they were now out on an expedition in this department, inspecting the outposts and defenses, and that day before yesterday they had been overhauled by the enemy and lost their coats and purses. They exhibited official papers from General Rosecrans, and also from the War Department at Washington, confirming their rank and business. These were all right to Colonel Bayard, and at first satisfied him of their honesty. They asked the Colonel to loan them $50, as they had no coats and no money to buy them. Colonel Baird loaned them the money, and took Colonel Austin’s note for it. Just at dark they started, saying they were going to Nashville, and took that way. Just so soon as their horses’ heads were turned the thought of their being spies struck Colonel Baird, he says, like a thunder-bolt, and he ordered Colonel Watkins, of the 6th Kentucky cavalry, who was standing by, to arrest them immediately. But they were going at lightning speed. Colonel Watkins had no time to call a guard, and only with his orderly he set out on the chase. He ordered the orderly to unsling his carbine, and if, when he (the Colonel) halted them they showed any suspicious motions, to fire on them without waiting for ano rder. They were overtaken about one-third of a mile from here. Colonel Watkins told them that Colonel Baird wanted to make some further inquiries of them, and asked them to return. This they politely consented to do, after some remonstrance on account of the lateness of the hour and the distance they had to travel, and Colonel Watkins led them to his tent, where he placed a strong guard over them. It was not until one of them attempted to pass the guard at the door that they even suspected they were prisoners. Colonel Watkins immediately brought them to Colonel Baird under strong guard. They at once manifested great uneasiness, and pretended great indignation at being thus treated. Colonel Baird frankly told them that he had his suspicions of their true character, and that they should, if loyal, object to no necessary caution. They were very hard to satisfy, and were in a great hurry to get off. Colonel Baird told them that they were under arrest, and he should hold them prisoners until he was fully satisfied that they were what they puported to be. He immediately telegraphed to General Rosecrans, and received the answer that he knew nothing of any such men, that there were no such men in his employ, or had his pass.

Long before this dispatch was received, however, every one who had an opportunity of hearing their conversation was well satisfied that they were spies. Smart as they were, they gave frequent and distinct evidence of duplicity. After this dispatch came to hand, which it did about 12 o’clock (midnight), a search of their persons was ordered. To this the Major consented without opposition, but the Colonel protested against it, and even put his hand to his arms. But resistance was useless, and both submitted. When the Major’s sword was drawn from the scabbard there were found etched upon it these words, “Lt. W.G. Peter, C.S.A.” At this discovery Colonel Baird remarked, “Gentlemen, you have played this damned well.” “Yes,” said Lieutenant Peter, “and it came near being a perfect success.” They then confessed the whole matter, and upon further search various papers showing their guilt were discovered upon their persons. Lieutenant Peter was found to have on a rebel cap, secreted by the white flannel havelock.

Colonel Baird immediately telegraphed the facts to General Rosecrans and asked what he should do, and in a short time received an order “to try them by a drum-head court-martial, and if found guilty hang them immediately.” The court was convened, and before daylight the case was decided, and the prisoners informed that they must prepare for immediate death by hanging.

At daylight men were detailed to make a scaffold. The prisoners were visited by the Chaplain of the 78th Illinois, who, upon their request, administered the sacrament to them. They also wrote some letters to their friends, and deposited their jewelry, silver cups, and other valuables for transmission to their friends.

The gallows was constructed by a wild cherry-tree not far from the depot, and in a very public place. Two ropes hung dangling from the beam, reaching within eight feet of the ground. A little after nine o’clock A.M. the whole garrison was marshaled around the place of execution in solemn sadness. Two poplar coffins were lying a few feet away. Twenty minutes past nine the guards conducted the prisoners to the scaffold — they walked firm and steady, as if unmindful of the fearful precipice which they were approaching. The guards did them the honor to march with arms reversed.

Arrived at the place of execution they stepped upon the platform of the cart and took their respective places. The Provost Marshal, Captain Alexander, then tied a linen handkerchief over the face of each and adjusted the ropes. They then asked the privilege of bidding last farewell, which being granted, they tenderly embraced each other. This over, the cart moved from under them, and they hung in the air.

What a fearful penalty! They swung off at 9:30 — in two minutes the Lieutenant ceased to struggle. The Colonel caught hold of the rope with both hands and raised himself up at 3 minutes, and ceased to struggle at 5 minutes. At 6 minutes Dr. Forester, Surgeon 6th Kentucky Cavalry, and Dr. Moss, 78th Illinois Infantry, and myself, who had been detailed to examine the bodies, approached them, and found the pulse of both full and strong. At 7 minutes the Colonel shrugged his shoulders. The pulse of each continued to beat 17 minutes, and at 20 minutes all signs of life had ceased. The bodies were cut down at 30 minutes and encoffined in full dress. The Colonel was buried with a gold locket and chain on his neck. The locket contained the portrait and a braid of hair of his intended wife — her portrait was also in his vest pocket — these were buried with him. Both men were buried in the same grave — companions in life, misfortune, and crime, companions in infamy, and now companions in the grave.

I should have stated in another place that the prisoners did not want their punishment delayed; but, well knowing the consequences of their acts, even before their trial, asked to have the sentence, be it by hanging or shooting, quickly decided and executed. But they deprecated the idea of death by hanging, and asked for a communication of the sentence to shooting.

The elder and leader of these unfortunate men was Lawrence Williams, of Georgetown, D.C. He was as fine-looking a man as I have ever seen, about six feet high, and perhaps 30 years old. He was [a] son of Captain Williams, who was killed at the battle of Monterey. He was one of the most intellectual and accomplished men I have ever known. I have never known any one who excelled him as a talker. He was a member of the regular army, with the rank of captain of cavalry, when the rebellion broke out, and at that time was aid-de-camp and private secretary to General Winfield Scott. From this confidence and respect shown him by so distinguished a man may be judged his education and accomplishments. He was a first cousin of General Lee, commanding the Confederate army on the Rappahannock. Soon after the war began he was frank enough to inform General Scott that all his sympathies were with the South, as his friends and interests were there, and that he could not fight against them. As he was privy to all of General Scott’s plans for the campaign, it was not thought proper to turn him loose, hence he was sent to Governor’s Island, where he remained three months. After the first Bull Run battle he was allowed to go South, where he joined the Confederate army, and his subsequent history I have not been able to learn much about. He was a while on General Bragg‘s staff as Chief of Artillery, but at the time of his death was his Inspector-General. When he joined the Confederate army he altered his name, and now signs it thus: “Lawrence W. Orton, Col. City P.A.C.S.A.” — (Provisional Army Confederate States of America). Sometimes he writes his name “Orton,” and sometimes “Anton,” according to the object which he had in view. This we learn from the papers found on him. These facts in relation to the personal history of Colonel Orton I have gathered from the Colonel himself and from Colonel Watkins, who knows him well, they having belonged to the same regiment of the regular army — 2d U.S. Cavalry. Colonel Watkins, however, did not recognize Colonel Orton until after he had made himself known, and now mourns his apostasy and tragic fate.

The other victim of this delusive and reckless daring was Walter G. Peter, a lieutenant in the rebel army, and Colonel Orton’s adjutant. He was a tall, handsome young man, of about twenty-five years, that gave many signs of education and refinement.

Of his history I have been able to gather nothing. He played but a second part. Colonel Orton was the leader, and did all the talking and managing. Such is a succinct account of one of the most daring enterprises that men ever engaged in. Such were the characters and the men who played the awful tragedy.

History will hardly furnish its parallel in the character and standing of the parties, tne boldness and daring of the enterprise, and the swiftness with which discovery and punishment were visited upon them. They came into our camp and went all through it, minutely inspecting our position, works, and forces, with a portion of their traitorous insignia upon them; and the boldness of their conduct made their flimsy subterfuges almost successful.

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1864: Jose Maria Chavez Alonso, governor of Aguascalientes

1 comment April 5th, 2017 Headsman

On this date in 1864, the French executed the governor of Aguascalientes.

Elected to the post during early months of the unfolding French intervention in Mexico, Jose Maria Chavez Alonso (English Wikipedia entry | Spanish) was deposed by the invaders in December 1863 — to be succeeded by a different Chavez who met an equally violent fate.

Alonso formed a popular militia and continued a short-lived resistance against the French but was captured early in 1864, and although this was still some months before the dirty war’s notorious “Black Decree” the French determined to make an example of him.

Alonso aside, the Mexican adventure proved a right catastrophe for France and its adherents.

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1864: Private Samuel Jones, in retaliation for Private Daniel Bright

Add comment January 13th, 2016 Headsman

The New York Times of January 23, 1864

Gen. Getty:

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:

NOTICE

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.)

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1864: James Utz, St. Louis spy

1 comment December 26th, 2015 Headsman

Confederate agent James Morgan Utz had a blue Christmas indeed in 1864, awaiting his December 26 execution for espionage.

The Missourian had been captured traveling with a small band out of St. Louis disguised in Union uniforms and carrying supplies and ciphered messages for the invading Confederate army of General (and former governor) Sterling Price.

The federals handled Utz as a spy and a military court sentenced him to hang — a sentence that had already been carried out by the time President Lincoln’s grant of executed clemency arrived.

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.)

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1862: Ten Confederate hostages in the Palmyra Massacre

Add comment October 18th, 2015 Headsman

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.

Yours, etc.,

W.R. Strachan
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
  • Thomas Humston
  • Morgan Bixler
  • John McPheeters
  • Hiram Smith
  • Herbert Hudson
  • John Wade
  • Marion Lair
  • Eleazer Lake

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.

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1923: Jesus Saleta and Pascal Aguirre, Terrassa anarchists

Add comment September 23rd, 2015 Headsman

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.

** The two were garroted by longtime executioner Gregorio Mayoral Sendino, assisted by Rogelio Perez Vicario [or Cicario]. The latter was assassinated in revenge by Barcelona anarchists on May 7, 1924.

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1648: Sir Charles Lucas and Sir George Lisle, royalists

2 comments August 28th, 2015 Headsman


The Death of Sir Charles Lucas and Sir George Lisle, Monday, Aug. 28, 1648

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.”

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Entry Filed under: 17th Century,Arts and Literature,England,Execution,History,Martyrs,No Formal Charge,Nobility,Shot,Soldiers,Summary Executions,Wartime Executions

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1864: William Howe, deserter

3 comments August 26th, 2015 Headsman

From the Philadelphia Daily Age, Aug. 30, 1864.


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?”

The Fishing Creek Confederacy details Civil War draft resistance in a different Democratic region of Pennsylvania.

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.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Desertion,Execution,Hanged,History,Military Crimes,Pennsylvania,Soldiers,U.S. Military,USA,Wartime Executions

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1865: Okada Izo, barbarian-expeller

Add comment July 3rd, 2015 Headsman

On this date in 1865, the Japanese samurai Okada Izo was dispatched by crucifixion.

He was one of* the “Four Hitokirimanslayers — 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.

During the chaotic Bakumatsu period, triggered by Japan’s becoming involuntarily opened to the outside world, the emperor — long a figurehead marginalized by the shogun — entered the political fray under the xenophobic banner “revere the emperor, expel the barbarians.”

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.

The execution, usually conceived as the end, is the jumping-off point for the surreal time-and-space-hopping 2004 Takasha Miike bloodbath Izo, “one of the most difficult works of art to be made in recent times.”

* Along with fellow-execution victim Kawakami Gensai, and two other guys who met violent deaths that were not (more’s the pity for this site) executions.

On this day..

Entry Filed under: 19th Century,Arts and Literature,Assassins,Capital Punishment,Crucifixion,Death Penalty,Execution,Gibbeted,Gruesome Methods,History,Japan,Power,Public Executions,Soldiers,The Worm Turns,Wartime Executions

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1865: Not Lambdin P. Milligan, ex parte man

Add comment May 19th, 2015 Headsman

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.

* Also known as the Sons of Liberty, a callback to revolutionary patriots.

** 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.

On this day..

Entry Filed under: 19th Century,Activists,Capital Punishment,Death Penalty,Execution,Hanged,History,Indiana,Lawyers,Not Executed,Notable Jurisprudence,Pardons and Clemencies,Politicians,Power,Treason,USA,Wartime Executions

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