On this date in 1909, two-time murderer Garry Barrett was executed at the Alberta Penitentiary, a federal prison in Canada. To quote the Edmonton Journal, he’d made the least of his second chance.
Barrett, an American born in Michigan, had been a farmer who lived with his wife and stepchildren in Saskatchewan. He had a fairly normal existence but was prone to bouts of severe depression. It was during one of these times, on October 16, 1907, that he flew into a rage, pointed a gun at his wife, and pulled the trigger.
The gun failed to go off.
Barrett’s stepson, Burnett, threw himself in front of his mother. Barrett pulled the trigger again. This time the gun did go off. Burnett was shot and ultimately died of his injuries.
There was little he could say for himself at his murder trial, given the evidence against him, and he was accordingly convicted and sentenced to death. However, the jury recommended mercy, and the authorities commuted his sentence to life in prison and sent him to the Alberta Penitentiary in Edmonton.
On April 15, 1909, less than a year later, Barrett was working in the prison carpentry shop when he suddenly picked up a hatchet and planted it in the skull of Deputy Warden Richard Stedman.
There seemed to be no motive for his actions, as Stedman was well-liked and popular among the prison inmates. However, that day Barrett had asked to see a doctor and Stedman hadn’t gotten one for him.
One month and two days later, Barrett found himself again before a judge facing a murder charge. This time there would be no recommendation of mercy.
Rather than summon a professional hangman to execute the condemned man, the prison used one of its own guards. Barrett’s last words were, “Gentlemen, I am going to be hanged, but I killed the deputy warden in self-defense. Had I not done so my flesh would now be the food for vultures.” He then began denouncing members of the Masonic Order, until his speech was cut short and the chaplain commenced with the Lord’s Prayer.
Barrett’s execution was badly botched, as the Edmonton Journal records:
It was a long, slow death. The noose wasn’t properly tied, and the knot slipped out of position when the trap was sprung. The hangman twice began to cut down the body, but both times the doctor stepped in because Barrett wasn’t yet dead. He was finally declared dead of strangulation 15 minutes later.
The guard/executioner then cut the rope into pieces and distributed it to his fellow guards as souvenirs.
Barrett’s body was claimed by his son, who buried it in Butte, Montana.
Daryl Holton went to the Tennessee electric chair.
Holton was an depressive Gulf War veteran with an acrid relationship with his ex-wife Crystle.
Bitter at being kept from his children for weeks on end, Holton picked up his three kids and their half-sister on November 30, 1997 and told them they’d be going Christmas shopping.
According to the confession that he gave when he turned himself in later that night, he instead drove them to an auto repair shop in Shelbyville, where he shot them in two pairs by having first Stephen and Brent (aged 12 and 10) and then Eric and Kayla (aged 6 and 4) stand front-to-back facing away from him, then efficiently shot them unawares through the back with an SKS. (Eric and Kayla played elsewhere while the older boys were murdered. Eric was hearing-impaired.)
“They didn’t suffer,” Holton would tell his shocked interrogators that night. “There was no enjoyment to it at all.”
The original plan was to complete a family hecatomb by proceeding to murder Crystle and her boyfriend, and then commit suicide. But on the drive over, Holton lost his zest for the enterprise, smoked a joint, and just went straight to the police where he announced that he was there to report “homicide times four.”
Holton had a light trial defense focused on disputing his rationality and competence at the time of the murders — a theme that appellate lawyers would attempt to return to, hindered significantly by Holton’s refusal to aid them or to participate in legal maneuvers that would prevent his execution. A spiritual advisor reported him at peace with his impending death: “He’s very clear, very focused.”
Holton’s was Tennesee’s first electrocution in 47 years and, as of this writing, its last. The Volunteer State subsequently removed electrocution from its statutes altogether — but in 2014 it re-adopted the electric chair as a backup option in view of the nationwide shortage of lethal injection drugs.
On this date in 1801, 73-year-old James Legg(e) was hanged for murdering his mate William Lamb(e) at Chelsea Hospital.
Both men were pensioned ensigns from His Majesty’s service. According to the trial transcript, Legg was sinking into obvious depression. A nurse of long acquaintance remarked on
a lowness, a melancholy and deranged state; knowing him so long, I took the opportunity of asking him what was the matter with him, and the reason of his melancholy; he told me his mind was confused; that he had no rest night or day; that he was hurried from place to place, and could not tell what he was doing; and I really was afraid he would make away with himself; I was always unhappy when he was out of my sight, for fear he should do himself an injury; I never mentioned it to the doctor, because he was harmless … sometimes when I spoke to him, he would start like a person surprized out of a sleep; sometimes he would give me an answer, and sometimes only just a bow; I still observed that lowness and melancholy, and that his head was always confused down to the time of this unfortunate event.
Ah. The “unfortunate event.” Legg took it to mind that Lamb was “a tyrannical tempered man” who gave him “repeated insults” and challenged him to a duel. (Lamb’s widow, the only witness to the murder, said her husband had no beef with his killer.)
When Lamb quizzically (or scornfully) discarded the pistol that the irate Legg had forced into his hand, Legg just shot him dead.
He probably had no expectation that he’d just punched his ticket to artistic immortality.
It was a natural outgrowth of Europe’s long fascination with anatomical accuracy — a fascination that made liberal use of executed bodies.
Despite the centrality of Christ’s crucifixion to western culture, nobody had seen an actual crucifixion — not for centuries. So, sure, you can make the guy on the cross look like a proportioned, three-dimensional human being …
… but is this really what a proportioned, three-dimensional human being would look like when nailed to a cross?
That Chelsea surgeon Carpue and his artist friends had the best way to find out. (Well … the second-best.)
“A building was erected near the place of the execution; a cross provided,” Carpue recorded. After hanging, “the subject was nailed on the cross; the cross suspended … the body, being warm, fell into the position that a dead body must fall into … When cool, a cast was made, under the direction of Mr. Banks, and when the mob was dispersed it was removed to my theatre.” West supposedly exclaimed that he had “never before seen the human hand” until he saw James Legg’s nailed and stretched.
Carpue proceeded to flay the cadaver and make a second cast from the grisly skin-less ecorche … an artistic/anatomical practice of the age whose best-known product is Smugglerius, also cast from a hanged man.
On July 19, 1973, a splenetic Hepnarova had lived out the road rager’s fantasy by barreling her three-ton Praga RN lorry into a tram stop* — killing eight elderly commuters.
Caught on the scene where her Truck of Death came to rest, Hepnarova’s authorship was not in question — only her culpability.
Three days after the bloodbath, she was telling police about her hatred of and alienation from her “brutal” fellow-beings, of beatings from her father and every form of humiliation and disrespect among her peers. This had been a lifelong theme with Hepnarova; the wounds of the world pierced her deeply, and she had spent time in a psychiatric institution after a teenage suicide attempt. In her short working life, she’d been unable to hold down any job for long. Truck-driving, tragically, was only her latest (and last) gig.
About the same time the tormented Hepnarova was owning her actions to the authorities, editors at two newspapers received nearly-identical letters she had posted before she made herself famous, touching much the same themes.
I am a loner. A destroyed person. A person destroyed by people… I therefore have a choice – to kill myself or to kill others. I choose – TO AVENGE MY PERSECUTORS. It would be too easy to leave this world as an unknown suicide. Society is too indifferent, rightly so. My verdict is: I, Olga Hepnarová, the victim of your bestiality, sentence you to the death penalty.
Doctors who examined her did not find her sufficiently off her rocker to have not known what she was doing, and the remorseless Hepnarova accepted the court’s verdict and sentence with equanimity. There are reports, however, that by the last day her placidity had crumbled and that she fought the execution team and had to be dragged, swooning, to the noose.
For this documentary, have your Czech handy. (And the same — or the online translator of your choice — for this Czech website about Olga Hepnarova’s life and legal case.)
Hepnarova was the last woman ever hanged in Czechoslovakia. (Or either of its death penalty-less successor states, if you want to count it that way.)
* The street where this shocking scene was enacted is today named for Milada Horakova, who preceded Hepnarova on Pankrac’s gallows.
(Thanks to historian and witchcraft expert Louise Yeoman for this guest post on an obscure and once-forgotten “witch” whose human tragedy all but leaps off the page. This post was originally an article prepared for the National Library’s now-defunct journal Quatro. Her work has appeared in many more high-falutin’ places than this here blog, and she is a co-creator of the Survey of Scottish Witchcraft.)
On the trail of Anna
If you look in Christina Larner’s Sourcebook of Scottish Witchcraft, you won’t find Anna Tait. That’s because she was one of many accused witches whose names were unknown to the compilers of the sourcebook. The details of Anna and almost a hundred others were recorded in a National Library of Scotland Advocates manuscript, which was overlooked many years ago when the huge edition of Scotland’s Privy Council records was in preparation. In the closing years of the last century, the editors of the Privy Council volumes carefully combed the holdings of the National Archives of Scotland for their material. What they didn’t realise was that a single volume of the Register of Commissions for the years 1630-42 had escaped them. In it were hundreds of records of Privy Council commissions to try criminal trials.
In it was Anna Tait.
I first came across Anna and Adv. Ms. 31.3.10 when my friend and fellow researcher Dr Michael Wasser of McGill University, Montreal showed it to me in the Library’s North Reading Room. Michael was (and still is) a historian of crimes of violence in 16th-17th century Scotland, and he was instantly aware of the significance of the manuscript. Almost the first thing he pointed out to me in it was a remarkable story of family tragedy. Out of hundreds of records, this one tale of domestic misery, horror and a woman’s life stood out. It stood out to the clerk who wrote the volume too. A commission is normally a bare record of who is accused of what crime and who is to try them. But the commission to try Anna contained harrowing detail. Almost straight away I agreed to transcribe her commission and to edit it for Scottish History Society. Why was it so remarkable?
Anna Tait ‘alias ‘Hononni’, was in the Scots of the original ‘thrie several times deprehendit putting violent hands to herself at her awne hous,’ in Haddington in 1634. In other words, she was caught trying to kill herself.
In 17th century terms suicide was one of the most heinous acts one could commit. It was like witchcraft, considered to be a particularly odious crime against God’s law and it was punishable by forfeiture of the entire goods of the victim and by a dishonourable burial in unconsecrated ground. What drove Anna to such terrible lengths?
The rest of the commission made the reasons clear. When Anna was apprehended for attempted suicide, she told a terrible tale of adultery, poisoning, domestic murder, unwanted pregnancy, botched home-abortion and death. Here is this part of the commission slightly adapted and with the spelling modernised.
She was for that cause, upon the 18th of December, taken and committed to ward within the tolbooth of the said burgh where being demanded and examined why she put hands to herself, she answered that the intolerable trouble of her mind, which she conceived for the murder of her first husband called John Coltart, nolt driver [cattle drover], and for the murder of her daughter, moved her thereto.
Confessing plainly that about 28 years ago, she being married to the said John, ane aged man, before the marriage she had sundry times committed fornication with William Johnston, her present husband, and that within the time of the marriage she had likewise committed adultery with him. To be quit of her first husband, she consulted with the Devil for his destruction, and that the Devil having directed her to make a drink of foxtrie leaves [foxglove leaves], she did the same, and gave it to her husband to drink who within three hours departed this life.
Concerning her daughter, she confessed that the daughter being with child, and she [Anna] having a purpose to murder the infant in the mother’s belly, at last she consulted with the Devil. He gave her direction to buy wine and to mix it with salt and give it to her daughter to drink, which she having drunken, she shortly thereafter departed this life.
So far, so sadly comprehensible, except for the inclusion of a character whose presence might seem unnecessary to modern readers — The Devil. The Commission finally proceeds ‘upon the 8th of December instant; she had carnal copulation with the Devil in her own bed, and that upon the 11th of December the Devil came to her bedside, gripped her by the hair of her head and did nip her cheek’. Suddenly a classic case of domestic murder and family tragedy is turned to that strangest of all 17th century phenomena to the modern mind: a witchcraft accusation. This was not just a case of three in a marriage, but three plus the Prince of Darkness. However, this wasn’t a strange notion to 17th century people. Where two, three or even just one person were engaged in works of wickedness, it went almost without saying that Satan was somehow present too. Anna was tried not as an adulteress or a murderer but as a witch – the commission was the licence to the magistrates of Haddington to try her, but where was her trial?
Records of such witchcraft trials held in local, rather than central, courts rarely survive. Whilst I was working on the commissions, I happened by chance to be helping someone with a totally different enquiry. Dr John McGavin was researching records of early modern Scottish drama. We discussed his research on poet and minister James Melville and Melville’s account of a dramatic performance in St Andrews. Hearing that John was soon going to be searching through the Haddington Burgh records in the National Register of Archives, I asked him if he would keep an eye out for Anna and any other witches he might happen to spot. To my delight, I soon had an e-mail from John telling me that her trial records were in the Haddington burgh court book.
Researching witchcraft cases can be an intense mixture of horror and delight for a historian. On the one hand to find unexpected light on a unique case is a matter for rejoicing. On the other hand, the details I found in the court book were even grimmer than those of her commission.
Anna had tried several times to hang herself using her own head-dress (her curch). When she was taken into custody, her suicidal behaviours became even more extreme. She attempted suicide again, both by trying to cut her own throat and then ‘when your hands were bound and your feet maid fast in the stocks, no other meanes being left to accomplish your devilishe designes, ye knocked your heid to the wall and stocks, wherby thinking to dispatch your self.’ The court book went into more detail, it claimed that Anna had sex with the Devil in the form of a black man and in the form of the wind and had made a covenant with him. Shape-shifting was a not uncommon piece of Scottish popular belief about Auld Nick, but on top of it were overlaid the sinister assumptions of European theories about demonic pact. One didn’t just meet the Devil according to the demonologists, one had sex with him, took his mark and swore one’s soul away to him. Anna was explicitly accused of all three actions.
The trial also gave more personal information about Anna to add to that from the commission. Taking both sources together we can say a little about her. She had married her first husband John Colthard, the cattle drover, 28 years ago at a place called ‘Furd Kirk’ in England in 1606. Cattle drovers went far afield in the course of their work and Anna had obviously travelled too. Interestingly enough she was accused of having made an appointment to meet the Devil at ‘Ellerslie’. The only places of this name are to be found over in the West of Scotland and not near her home in Lothian. Given 17th century spelling this may also have been the little Lanarkshire village of Elderslie, famed as the birthplace of William Wallace. Whichever it was, Anna’s world clearly stretched well beyond the confines of Haddington.
Age of marriage could be quite late in 17th century Scotland, so Anna was probably about or just under 50 years of age. Her second husband William Johnston was a miller who had lived at Winram, nearby Anna and her first husband. The proximity had assisted their illicit affair. Millers and cattle drovers could be prosperous members of an early modern community, so it is likely that Anna too had some standing in her community to keep up. She was probably very far from the stereotypical portrait of an accused witch as a poor begging woman going door to door looking for alms.
At sometime in her life Anna had acquired the alias ‘Hononni’, a Scottish variant of the English ‘Hey nonny no!’ a popular nonsense refrain in songs. It was an ironically jolly nickname for someone whose life was characterised by murder, tragedy and despair. We find the name of her beloved daughter too –- Elizabeth Johnston who died from the botched abortion. The records of this are chilling
The said Elizabeth, being as ye confessed with child (to whom, few but yourself knows and neither will ye reveal the truth of it), and apparently being loath to let it be known to whom the child belonged, she and ye sought all means to kill, to murther the child in her belly, that it might not come to light who was the father thereof, or how it was gotten, whether in adultery or incest, or what other unlawful way.
To that effect ye consulted with diverse of your confederates fra whom, ye got sundry feall [evil] counsel and by their advice, administered feall drinks to your daughter. But these not doing your turn and all other means failing you, ye went to your old maister the devil … who gave you advise to buy ane mutchkin of white wine, and mix a pint thereof with salt and minister the same unto your daughter, and it would do your turn. The which cruel and devilish counsel ye willingly obeyed and fetched the wine, mixt with the same with salt and gave it to your daughter to drink. By which she presently swelled and shortly thereafter both she and the child died.
In token wherof, you have confessed that the devil gave you as much money in true and real turners [small copper coins] as would buy the said mutchkin of wine and salt. And this deed only of all the devilish and abominable actions has most troubled you, and been the greatest cause of your desire to murder yourself.
In trying to cover up her daughter’s unwanted pregnancy, Anna ended up killing her child. Blaming herself for Elizabeth’s death, Anna no longer wanted to live. She tried repeatedly to kill herself. When it was put to her that the Devil had advised her do all this and that she had become a witch, it seems she barely bothered to defend herself. After all, even though she might have wanted to avoid the shameful death of being strangled and burned at the stake, at least it would have the virtue of ending her life. When the court asked whether she wanted anyone to speak in her defence, she answered ‘none but God in heaven’.
To modern eyes, Anna’s situation seems clear-cut. She had done some terrible things and for very understandable human reasons she wanted to die. Even in 21st century Scotland we would insist that, at the very least, Anna should go to jail for murdering her first husband and that she should be prevented from killing herself. Yet in 21st century Scotland, Anna would have been able to obtain a divorce from her first husband and her daughter would have been able to obtain an abortion (whatever you think of that). So the whole catalogue of tragedy might not have happened at all, or then again, perhaps it might. Was Anna a victim of a society which stacked the cards against women through its interpretation of the Bible or was she the sort of callous person who might have murdered a spouse despite all the advantages of a modern legal system? After all, the murders of spouses still occur. These are questions the historian can only raise and cannot answer.
Even in today’s society, however, a female criminal who had committed crimes of violence comparable to Anna’s would be unusual. To a 17th century society she was such a paragon of horror that the Devil had to be invoked to explain her conduct. In a society which stressed a woman’s subordination to her husband and saw her only rightful adult roles being those of a wife or a mother, Anna was a monster. To her community, she was not only an attempted self-murderer but also an adulteress and the unnatural murderer of her husband, daughter and unborn grandchild. By confessing to witchcraft, she had just about collected the set of the most appalling crimes a 17th century woman could commit. To be regarded with such horror in contemporary society, a woman would probably need to be accused of a string of serious offences against children or young people.
However Anna’s case also raises the question of her mental state and how issues of mental disturbance and suicidal urges were dealt with in her society. Such a suicidal defendant in a modern case might be found unfit to plead, but how did Anna’s contemporaries see her mental distress? Anna was ‘trublit in conscience’ and this points to the beliefs which probably helped to seal her fate. Despair as to whether one was part of the Calvinist ‘Elect’ or whether one was going to hell was a perfectly respectable state in Early Modern Scotland –- even to the extent of repeated suicidal impulses. This can be seen from the diaries, books, letters and sermons of radical Presbyterians and Covenanters. It was a very common phase of the Calvinist conversion experience of the 17th century. Demonic or even suicidal temptations were an almost a normal complication of the road to heaven. To despair over committing terrible sins worthy of hell-fire was not seen as being mentally unstable but as being eminently sane. Any reasonable Bible-believing person might think that way.
So Anna’s despair may have made her seem more culpable, rather than less culpable, to her interrogators whose beliefs would be that in her agony she had done utterly the wrong thing and turned in absolutely the wrong direction. She had, in their minds, turned to the Devil and not to God. Instead of despair proving to be a half-way stage for Anna on the road to conversion and eternal glory, Anna, it seemed by her confession, had failed to choose eternal life and had instead perversely chosen the ultimate dead-end: Hell. This was an offence made all the more horrible, as heaven in its Calvinist form, was no doubt being held out to her every Sabbath in their local church. Perhaps the reason it was necessary to punish the despairing so emphatically was pour encourager les autres; to make sure that when people experienced despair, they would in the Church’s eyes make the right choice: that they would resist the temptation and intensify their piety until the threat was overcome.
Faced with the reality of burning large numbers of accused witches amongst whom they found the suicidal and the mentally disturbed, later generations of Scottish Privy Councillors increasingly doubted the wisdom of this approach. In 1662 in the midst of a nation-wide witch-panic the council issued commissions under strict orders that to proceed with executing a convicted witch, it must be found that ‘At the tyme of their confessions they were of right judgement, nowayes distracted or under any earnest desyre to die’. Almost 30 years after Anna’s death, Scotland’s elite were becoming sensitive to the issue of attempted suicide by witch-confession and the mental state of the accused. It came much too late to affect Anna and because of her murder confession wouldn’t have saved her anyway, but it shows a little how things moved on even in that relatively short time frame. For Anna there could only be one ending — execution. Because she had confessed she was not burnt alive [burning alive tended to be reserved for those who died ‘impenitent’ ie. they refused to confess]. Her sentence was as follows:
It was given for doom [sentence] by the mouth of William Sinclair dempster [pronouncer of sentence] that the said Anna Tait should be taken, her hands bound behind her back and conveyed by William Allot, lockman [executioner] of Haddington to the ordinary place of execution, and there wirried [strangled] to the death at ane post and thereafter her body to be burnt in ashes, desuper act.
Note on sources
The commission for Anna’s trial is edited from Adv.Ms.31.3.10, f.102v. Her trial records may be found in National Archives of Scotland, Haddington Burgh Court Register B30/10/13, fos.24r-26v. A calendar of the witchcraft commissions in Adv. Ms 31.3.10 (including transcriptions of Anna Tait’s commission and her trial records) has been prepared by the author for Julian Goodare (ed.), Miscellany XIII, Scottish History Society, forthcoming.
On this date in 1683, Dorothy Talby was hanged in Boston for breaking the neck of her baby daughter (aptly named “Difficulty”) “in order to save the child from future misery.”
Though not the first execution of a woman in the territory of the future United States, it is the first that is reasonably well-documented … and for a disturbed, possibly insane, woman striking out against her troubled family life, a case that resonated for later Americans like Nathaniel Hawthorne and Oliver Wendell Holmes.
For those of us, post-Andrea Yates, for whom “post-partum depression” has become a sadly familiar term of criminology, it is likely to resonate as well.
Mrs. Talby was esteemed for godliness, etc., but after the birth of the child she became melancholy and possessed of delusions. She sometimes tried to kill herself and her husband by refusing to eat “meat” and not permitting them to eat it, saying it had been so revealed to her. (Source)
Take a break from the Headsman’s noodlings and instead enjoy the thoughtful treatment given Talby’s case by crime blogger extraordinaire Laura James.