1878: John Kehoe, king and last of the Molly Maguires

17 comments December 18th, 2008 Headsman

On this date in 1878, John “Black Jack” Kehoe was hanged in Pottsville — as Pennsylvania’s anthracite trusts took a victory lap around the corpses of the Molly Maguires.

Even to say what the Mollies were is to take a side in their life-and-death struggle. Irish immigrants fleeing the potato famine had poured into Pennsylvania’s coal mining country in the mid-19th century, where life in the mines was nasty, brutish and short, and the pay wasn’t anything to write home about either.

In a time when capital ruthlessly hunted any intimation of labor organizing and the Irish were a distinctly second-class people, the (apparent, or at least alleged) response of the Mollies was natural: form a secret society, and wring by threat of bodily harm the concessions it could not pursue by collective bargaining. For the recent Irish transplants, the tableau of a Catholic underclass working for a Protestant landlord who owned (and gouged on) everything in sight had a certain familiar feel.

Terrorists? They certainly used violence to achieve political objectives, at least if the testimony of their foes is credited. But they weren’t the only ones.

Mine owners turned public and private violence on Irish radicals pushing for things like the eight-hour day. The notorious strike-breaking Pinkerton Detective Agency was detailed to infiltrate the Mollies.

The main blow against the Mollies was struck over a period of (extrajudicial) vigilante justice in the mid-1870’s, culminating in “Pennsylvania’s Day of the Rope” in 1877, when ten supposed members were (judicially) hanged around the Keystone State.

Kehoe, a power broker in mining country with some sway at the capital who was reputed to call the shots among the Maguires, faced the hangman singly a year later for an 1862 cold-case murder so doubtfully ascribed to Kehoe that the governor hesitated to sign the death warrant.

He signed it just the same, marking a sort of ceremonial “end to Molly-ism.” The New York Times exulted two days hence “that the widely-extended and long-continued tyranny and terror of this association is at an end,” and all because the resolute executive had gone and sent a hempen message to “the savage and benighted population of the coal region.”

The lesson taught by the punishment of the Molly Maguires would have been shorn of much of its terror and impressiveness if the energetic and persistent efforts made in behalf of KEHOE, the reputed king of that organization, had resulted in rescuing him from the gallows. If they had even so far succeeded as to have caused his punishment to be commuted to imprisonment for life, the admonitory influence of his fate upon the murderous clain of whom he was the last surviving chief would have been greatly lessened, and the snake of Molly Maguire-ism, of which he was the forked tongue and fangs, might haply have been only scotched, not killed. … The law has shown that it has subtlety enough to hunt [the Molly Maguires] through every possible labyrinth of refuge and strip from them every artifice of disguise, and power enough to wring them out of the desperate grasp of sympathizing constituencies and crush them.

Florid.

Like we said, violence wasn’t the exclusive resort of one side. But the monopoly of violence … that was held, as always, by the same hands that held the monopolies. Sean Connery as Kehoe reflects on the uneven contest while awaiting his fate in a (fictional) exchange with the Pinkerton mole who condemned him from the 1970 film The Molly Maguires.*

Pennsylvania Gov. John Hartranft left office a few weeks later, and reflected in his outgoing address on the lessons “the manufacturers and operators” ought to draw from the late unpleasantness.

The Mollie Maguire murders, like the agrarian murders in Ireland, and the trades-union outrages, arsons, and machine-breakings in England, were not the work of the so-called criminal classes. They were essentially class murders … If some of the leading spirits of the class had been members of a board of arbitration as representatives of labor, with some of the employers or their agents as representatives of capital, it is not unreasonable to suppose that most of the disagreements that have kept the coal regions in a state of turmoil might have been amicably adjusted, and many of those who were assassinated and of those who have been hanged living to-day.

101 years later, Kehoe received what was thought to be the first and only posthumous pardon in the state’s history. The Mollies’ true extent, purpose and actual actions — even their very existence as anything but a stalking-horse for the more thorough conquest of surplus labor — remain hotly debated to this day, since the public record of this tight-lipped society consists of little beyond the courtroom testimony of a handful of parties thoroughly prejudiced to hostility by class interest or payoffs.

* Written by Walter Bernstein, who had only recently emerged from the Hollywood blacklist for his Communist proclivities.

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Entry Filed under: 19th Century,Activists,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Notable Sleuthing,Organized Crime,Pelf,Pennsylvania,Power,Racial and Ethnic Minorities,Terrorists,USA,Wrongful Executions

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1882: Charles Guiteau, James Garfield’s colorful assassin

12 comments June 30th, 2008 Headsman

On this date in 1882, America’s weirdest assassin recited fourteen verses of the Gospel of Matthew and (sans requested orchestral accompaniment) a poem of his own composition entitled “I am Going to the Lordy,” and was hanged in the District of Columbia jail for shooting forgettable Gilded Age president James Garfield.

Mad as a march hare, Charles Julius Guiteau had irritated the obscure reaches of the Republic near four decades, trying his hand at free love, law, newspapering* and evangelism. A contemporary account of his religious flimflammery survives:

Charles J. Guiteau (if such really is his name), has fraud and imbecility plainly stamped upon his (face). (After) the impudent scoundrel talked only 15 minutes, he suddenly (thanked) the audience for their attention and (bid) them goodnight. Before the astounded 50 had recovered from their amazement…(he had taken their money and) fled from the building and escaped.

Having failed at each characteristic American monkeyshine more comprehensively than the last, he naturally gravitated to politics; while today Guiteau might tilt with his psychoses on some vituperative blog, in 1880 he published and delivered as a speech a widely-ignored crackpot encomium** for his eventual victim. Guiteau reckoned the GOP carried the 1880 elections on the strength of such rhetorical thunderbolts as “some people say he [Garfield] got badly soiled in that Credit Mobilier transaction but I guess he is clean-handed.”

Stunned that his contributions did not earn him a diplomatic posting to France, Guiteau stepped out of obscurity and into this blog’s pages by shooting the ungrateful (and unguarded) executive in the back at a Washington, D.C. train station (since demolished, and today occupied by the National Gallery of Art).

“To General Sherman: I have just shot the President. I shot him several times as I wished him to go as easily as possible. His death was a political necessity. I am a lawyer, theologian, and politician. I am a stalwart of the Stalwarts. I was with Gen. Grant, and the rest of our men in New York during the canvass. I am going to the Jail. Please order out your troops and take possession of the Jail at once. Very respectfully, Charles Guiteau.” (Click for the full image.) From the Georgetown Charles Guiteau collection.

Thoughtfully, he had already hired a cab to take him to jail, where he expected to be liberated by General William Sherman.

Malpractice

The bugger of Garfield’s assassination is that Guiteau was no better at killing presidents than he was at electing them. Despite his exultation “Arthur is President now!”, he actually inflicted what could have been a non-fatal flesh wound that through ten-thumbed medical intervention became an agonizing eighty-day Calvary for the miserable Garfield.

Doctors jabbed unwashed hands into the the wound, failing to dig out the bullet they were looking for but successfully turning the three-inch wound into a crater, puncturing Garfield’s liver, and passing him Streptococcus. Alexander Graham Bell invented a metal detector to find the missile, but the damn thing gave a bad reading … because Garfield was lying on a bed with metal springs. His doctors, feuding with one another and with the press, instituted a regimen of rectal feeding — “Nutritive enemas — consisting of beef bouillon, egg yolks, milk, whiskey, and several drops of opium … Garfield’s flatulence became intolerable,” according to one biographer — that “basically starved him to death.”† He lost 100 pounds before succumbing; the autopsy concluded that Garfield probably would have lived if not for the medical attention, which didn’t stop the doctors from submitting a sizable invoice to the feds for services rendered.

(In a moment of lucidity, Guiteau defended himself with the observation “The doctors killed Garfield; I just shot him.”)

Not Ha-Ha Funny

Horribly hilarious, this American Absurdistan. “Except for the dead-serious details of his assassinating President Garfield and being in all likelihood clinically insane, Charles Guiteau might be the funniest man in American History,” Sarah Vowell put it.

Guiteau’s circus trial — with the defendant constantly interrupting to harangue participants, object to his own attorneys or converse with the spectators, plus the macabre appearance of the late Garfield’s actual vertebrae (now at Washington D.C.’s National Museum of Health and Medicine) as an exhibit — was for all that a landmark test of evolving law around criminal insanity.

Just as Garfield probably would have survived his injury had he been treated by the next generation’s medical norms, Guiteau probably would have survived his brush with the law if treated by the next generation’s legal norms.

Against an almost-too-strict-to-achieve earlier bar for legal insanity, a more accommodating jurisprudential norm called the M’Naghten Rules or M’Naghten Test was even then being adopted from English courts: essentially, did the “criminal” realize his act was wrong? Still the basis for legal insanity claims in much of the U.S. today, the first trial of a presidential assassin would be the M’Naghten standard’s trial by fire.

While the judge gave ample leeway for the defense to use M’Naghten, the legal standards it implied were still not widely understood and the medical testimony about Guiteau’s mental condition was (embarrassingly, for the profession) wildly contradictory. Ultimately, the judge cued the jury that “the law requires a very slight degree of intelligence indeed” on Guiteau’s part to impute him with sufficient criminal culpability to hang. There were cheers in the courthouse when the jury took an hour to decide that Guiteau had that very slight degree of intelligence indeed.

In the final analysis, as Charles Rosenberg observes in The Trial of the Assassin Guiteau: Psychiatry and the Law in the Gilded Age, the jurors’ prompt conviction of the widely hated, barking-mad defendant underscored the real-life constraints of dry legal theory as applied by an outraged community to a notorious offender:

[T]he Guiteau case demonstrated anew that the circumstances of a particular case had ordinarily as much to do with its disposition as the precise injunctions of rules of law … Many observers agreed after the trial that if an individual of Guiteau’s marked eccentricity had killed an ordinary man … he would almost certainly not have been convicted; very likely he would not even have been brought to trial. Similarly, while Garfield lay on his sickbed, it was commonly assumed that his assailant would be institutionalized if the President should survive. But if not, then not.

Reckoning the gesture could cost him the 1884 Republican nomination, Chester A. Arthur declined to spare his “benefactor” (“Arthur has sealed his own doom and the doom of this nation,” was Guiteau’s reaction, picturing fire and brimstone) and left Guiteau to his strange and lonely fate. The latter was talked out of an early plan to go to the gallows in the Christlike garb of only his undergarments, but did insist upon delivering his incoherent parting ramble in a high-pitched childlike tone (“the idea is that of a child babbling to his mama and his papa”).

Wrapping up this surreal historical episode in a neat little bow, Charles Guiteau got his own bluegrass tune:‡

For more adventures through Guiteau’s looking glass, there’s a fine page at the University of Missouri-Kansas City.

* One of Guiteau’s failed newspaper ventures was to exploit the telegraph to reprint original content from other outlets. That one looks a lot less harebrained in retrospect: it’s a primitive model of the wire service, and latterly of RSS-based distributors like Google News.

** Scans of Guiteau’s apologia for Garfield — via Georgetown’s Charles Guiteau collection — are here: cover, pages 1-2, page 3.

† You really want to know more about the South Park-esque practice of rectal feeding? Garfield’s quack physician published this pamphlet in 1882.

‡ The “Charles Guiteau” ditty is actually a rather shameless knock-off of a murder ballad for James Rodgers, an Irish immigrant hanged in New York in 1858.

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Entry Filed under: 19th Century,Assassins,Capital Punishment,Crime,Death Penalty,Diminished Capacity,Execution,Famous Last Words,Hanged,History,Infamous,Milestones,Murder,Notable for their Victims,Notable Jurisprudence,Notable Participants,Political Expedience,USA,Washington DC,Wrongful Executions

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