1885: James Arcene, the youngest juvenile offender hanged in the US?

2 comments June 26th, 2010 Headsman

(Thanks to Caitlin at Vast Public Indifference for the guest post -ed.)

On June 26, 1885, two Cherokee men — James Arcene and William Parchmeal — were hanged at Fort Smith, Arkansas. Moments before their deaths, both men made statements, though it is unlikely that their last words were intelligible to many witnesses at the military outpost, owing to the heavy rain and the fact that Parchmeal spoke little English.* Under the eye of Federal Judge Isaac Parker, the notorious “Hanging Judge” of the old Southwest, Arcene and Parchmeal had their limbs bound and their faces covered before being “launched into eternity.”**

In February, Arcene and Parchmeal had been convicted of a murder committed 13 years previously. On November 25, 1872, someone had killed a Swedish immigrant named Henry Feigel on the road near Fort Gibson in Indian Territory (now Oklahoma). The case remained unsolved for over a decade.

In 1884, 12 years after Feigel’s death, a U.S. Deputy Marshall named Andrews arrested Arcene and Parchmeal in connection with the murder. Though documents describing the evidence used to obtain the arrest warrant are not readily available, Andrews was able to convince a judge (probably the same Judge Parker who presided over the trial) that the trail had not gone cold after so many years. Arcene “denied having knowledge of the killing,” but Parchmeal made a statement through an interpreter “admitting being present, but said that he was there under duress and that Arcine did the killing.”†

After both men were convicted, Arcene made a confession stating that he had “shot [Feigel] six times, then both took rocks and mashed the man’s head” before dragging him off the road and robbing him of his boots and 25 cents. Judge Parker sentenced both men to hang.

At first glance, there is little to distinguish this case from the 77 other executions presided over by Judge Parker during his tenure at Fort Smith.‡ Parker had been appointed to the bench in the hope that he would make Indian Territory feel the full might of the federal government, and he did not disappoint. According to one chronicler of the Fort Smith court under Judge Parker,

“Tried, found guilty as charged, sentenced,” was the tale repeated until the mere fact of arrest meant almost certain conviction. The sentence “To die on the gallows” was passed upon more men here than anywhere in history. So numerous were the executions [Parker] ordered and so commonplace the thunderous crash of the gallows trap that street urchins playing outside the old walls would gleefully shout: “There goes another man to hell with his boots on!”

Glenn Shirley, Law West of Fort Smith: A History of Frontier Justice In The Indian Territory, 1834-1896 (1957), 79.

But this execution was peculiar in one significant detail: James Arcene claimed to have been “only a boy [about] 10 or 12 years old” at the time of the murder.† If true, he was one of the youngest criminals in American history to have his crime punished by a federally-sanctioned execution.

It is difficult to verify James Arcene’s age with any degree of certainty. Census records for Indian Territory in the 1870s and 1880s are spotty at best, and few other vital records survive. It is possible that Arcene may have hoped to obtain a pardon by falsely pleading youth, but he did not revise his statement, even when it became apparent that it would do him no good. We may never know how old James Arcene really was — all we can know is that he claimed to have been a child in 1872 and that Judge Parker ignored this information and sentenced the adult who stood before him.§

If James Arcene was a juvenile offender, he looked very much like the other children and adolescents executed in the United States since the era of the American Revolution. Those offenders executed for crimes committed before the age of 18 have disproportionately been African American, Native American, or Hispanic teenagers who have committed crimes against white victims. This is true of the 20th century as well as the 19th: of the 22 juvenile offenders executed for murder in the US between 1976 and 2004, 77% had killed a white victim, though only 50% of homicides perpetrated by juvenile offenders involved a white victim. As of 2004, 9 of the last 10 juvenile offenders executed in Texas, the state responsible for 59% of all juvenile executions, were black or Hispanic. (Figures from the Death Penalty Information Center.)

In March of 2005, the Supreme Court handed down a 5-4 ruling in Roper v. Simmons declaring that states could no longer execute criminals who had committed their crimes while under the age of 18.

* See “Murder for Money,” Daily Arkansas Gazette, 27 June 1885 on rain, and “Hanged on the Gallows,” New York Times, 27 June 1885 on Parchmeal’s need for an interpreter.

** “Murder for Money,” Daily Arkansas Gazette, 27 June 1885.

† “Hanged on the Gallows,” New York Times, 27 June 1885.

‡ Judge Parker sentenced 156 men and 4 women to death. Of these, 79 were actually executed, the rest having died in prison, had their sentences commuted, or were pardoned.

§ It should be noted that many books make the erroneous claim that Arcene was 10 at the time of his execution. This is not the case — all available primary documents agree that he was an adult in 1885. I made this same mistake in my earlier guest post on the case of Hannah Ocuish, having relied on Dean J. Champion’s The American Dictionary of Criminal Justice: Key Terms and Major Court Cases (2005).

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Entry Filed under: 19th Century,Arkansas,Capital Punishment,Children,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Guest Writers,Hanged,Murder,Occupation and Colonialism,Other Voices,Racial and Ethnic Minorities,USA

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1786: Hannah Ocuish, age 12

17 comments December 20th, 2008 Caitlin GD Hopkins

(Thanks to Caitlin at Vast Public Indifference for the guest post -ed.)

On December 20, 1786, the Sheriff of New London, Conn., led a distraught 12-year-old girl to the gallows, placed a rope around her neck, and hanged her in front of a crowd of spectators. The girl was Hannah Ocuish, a young member of the Pequot nation. She was charged with the murder of six-year-old Eunice Bolles, a white girl with whom Hannah had quarreled the previous summer.

While it is difficult to get a clear picture of Hannah’s life from the available sources, it is clear that hers was not a comfortable existence. An appendix to Rev. Henry Channing’s execution sermon notes that Hannah’s mother was “an abandoned creature, much addicted to the vice of drunkenness,” who sent Hannah to work as a servant in a white family’s home. At the age of six, Hannah was accused of beating a white child while trying to steal her necklace. The anonymous author describes Hannah’s character thus:

Her conduct, as appeared in evidence before the honorable Superior Court was marked with almost every thing bad. Theft and lying were her common vices. To these were added a maliciousness of disposition which made the children in the neighborhood much afraid of her. She had a degree of artful cunning and sagacity beyond many of her years.

This description, expressed in terms designed to emphasize the importance of training children in obedience, may or may not be accurate. Regardless, all evidence suggests that Hannah was alone in a hostile world. (Some historians have suggested that she may also have been mentally retarded intellectually disabled.)

On July 21, 1786, someone found Eunice Bolles’ body at the side of the road outside Norwich, Conn. The corpse displayed signs of extreme trauma: “the head and body were mangled in a shocking manner, the back and one arm broken, and a number of heavy stones placed on the body, arms and legs.” Investigators questioned Hannah, who initially denied any involvement, but mentioned that she had seen a group of boys on the road earlier. The town officials did not believe her. On July 22, “she was closely questioned, but repeatedly denied that she was guilty.” Still unconvinced, the investigators “carried [Hannah] to the house where the body lay, and being charged with the crime, burst into tears and confessed that she killed her, saying if she could be forgiven she would never do so again.”

Hannah’s confession, which was accepted as truth by the court, indicated that she had sought revenge on Eunice because the younger girl had “complained of her in strawberry time … for taking away her strawberries.” When Hannah saw Eunice walking to school alone, she beat and choked her, covering the body with rocks “to make people think that the wall fell upon her and killed her.”

Rev. Henry Channing, a talented local minister, visited Hannah in prison many times, urging her to repent so that her soul might be spared. On the day of her execution, he delivered a thundering sermon entitled, God Admonishing His People of Their Duty as Parents and Masters, which held Hannah up as an example of what could happen if parents did not raise their children to be “dutiful and obedient.”

Her crimes, he argued, were the “natural consequences of too great parental indulgence,” and warned that “appetites and passions unrestrained in childhood become furious in youth; and ensure dishonour, disease and an untimely death.” In the portion of the sermon directed at Hannah herself, Channing did his best to scare her into repentance:

HANNAH! — prisoner at the bar– agreeably to the laws of the land you have arraigned, tried and convicted of the crime of murder … The good and safety of society requires, that no one, of such a malignant character, shall be suffered to live, and the punishment of death is but the just demerit of your crime: and the sparing you on account of your age, would, as the law says, be of dangerous consequence to the publick, by holding up an idea, that children might commit such atrocious crimes with impunity … And you must consider that after death you must undergo another trial, infinitely more solemn and awful than what you have here passed through, before that God against whom you offended; at whose bar the deceased child will appear as a swift witness against you — And you will be condemned and consigned to an everlasting punishment, unless you now obtain a pardon, by confessing and sincerely repenting of your sins, and applying to his sovereign grace, through the merits of his Son, Jesus Christ, for mercy, who is able and willing to save the greatest offenders, who repent and believe in him.

At her trial in October, Hannah “appeared entirely unconcerned,” but as the date of her execution approached, she began to show fear. In early December, visitors began to ask her how long she had to live, and Hannah “would tell the Number of her Days with manifest Agitation.” On December 19th, she “appeared in great Distress . . . and continued in Tears most of the Day, and until her Execution.” Witnesses to her execution reported that Hannah “seemed greatly afraid when at the Gallows.” With her last words, she “thanked the Sheriff for his kindness, and launched into the eternal World.”

In the United States, the youngest children put to death by the government have all be children of color. James Arcene, a Cherokee boy, was only 10 or 11 years old when he was hanged for committed a robbery and murder that resulted in his 1885 hanging in Arkansas.* At 12, Hannah Ocuish was the youngest female offender executed by any state. In the 20th century, the youngest children executed were both African-American: 13-year-old Fortune Ferguson of Florida (1927) and 14-year-old George Stinney of South Carolina (1944).

In 2005, the United States Supreme Court abolished the death penalty for criminals who committed their crimes as juveniles (Roper v. Simmons). The court split 5-4, with Jutices Scalia, O’Connor, Thomas, and Chief Justice Rehnquist dissenting. In his dissent, Justice Scalia excoriated the majority for considering international consensus (along with the laws of 30 of the 50 U.S. states) on the cruelty of executing children under the age of 18 when determining the standard for “cruel and unusual.” Justice Scalia, an avowed proponent of Constitutional originalism, proclaimed, “I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners.”

* This post originally asserted that Arcene was a juvenile when hanged. In fact, he was (or claimed to have been) 10 years old or so at the time he committed the crime, but was not tried and hanged until over a decade later. (This is corrected in the Arcene post.) -ed.

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Entry Filed under: 18th Century,Capital Punishment,Children,Common Criminals,Connecticut,Crime,Death Penalty,Diminished Capacity,Disfavored Minorities,Execution,Guest Writers,Hanged,History,Murder,Other Voices,Public Executions,Racial and Ethnic Minorities,USA,Women

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