1907: Three “terrorists” in an Odessa public garden

Add comment January 17th, 2013 Headsman

Chicago Daily Tribune Jan 18, 1907

Hang Terrorists in Public Gardens.

ODESSA, Jan. 17. — The public gardens was the scene of a triple execution today. Three terrorists were hanged in a row after having been condemned to death for the armed robbery of a shop. Their trial took place before a drumhead court martial.


New York Times Jan 18, 1907

ODESSA, Jan. 17. — The public gardens here to-day were the scene of a triple execution. Three Terrorists condemned to death for the armed robbery of a shop were hanged in a row. They obtained only $3.50 from the store they robbed.


This atrocity (derogated as “Field Courts Martial which endeavor to confuse ordinary civil offenses with revolutionary acts leading to the almost daily execution of offenders, who in civilized lands would receive only the most trivial sentences.”) appeared in a petition for the U.S. Congress to condemn the Russian crackdown against agitators in the waning 1905 revolution.

Mark Twain was among the worthies* who lent their name to the appeal:

We, the undersigned, believe that it is time for civilized nations to protest against the atrocities practiced by the Russian Government in its prolonged warfare against its own people.

The subject is one which interests all nations, as a matter of common humanity. On more than one occasion governments have taken action for the amelioration of termination of abhorrent conditions existing in foreign countries. Many instances might be cited, but we content ourselves, as sufficient for our present purposes in citing the case of the Bulgarian atrocities in 1877, when Russia, in taking advantage of the general horror excited by the inhumanities of the Turkish forces within the dominions of the Sultan, intervened in the name of humanity, to rescue the inhabitants of Bulgaria from their deplorable condition. Fifty years before, various European powers, of whom Russia was one, intervened to redeem the Greek inhabitants of the Sultan’s dominions from barbarities and oppression. In seeking now some entirely pacific means of inducing the Russian Government to ameliorate the condition of its subjects, we are asking for nothing which the Russian Government has not itself in times past afforded a good precedent.

This petition and protest rest solely and entirely upon the instances wherein the Russian Government is disregardful of the usual customs of civilized nations; and wherein it is guilty within its borders of flagrant violation of the terms of agreement of the Geneva Treaty of 1864 and 1868 between the Nations, and also the Second Convention of the Peace Conference at the Hague in 1902.

One notices that among the behaviors viewed by this petition’s congressional sponsors as “disregardful of the usual customs of civilized nations” when conducted by tsarist Russia were acts that in other times members of that august body would rise to defend: “Tortures are applied to prisoners within fortresses and prisons to elicit information.”

* Signers also included: New York judge Samuel Greenbaum; “Battle Hymn of the Republic” author Julia Ward Howe; explorer George Kennan (cousin of the famous American diplomat of that name); future Supreme Court Justice Louis Brandeis; and others.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Known But To God,Power,Public Executions,Russia,Summary Executions,Terrorists,Ukraine,Wrongful Executions

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1873: William Foster

1 comment March 21st, 2011 Headsman

On this date in 1873, William Foster — who spent two years warding off execution — finally succumbed to New York’s hangman.

Foster’s case was a long-term headline-grabber: he drunkenly accosted a couple of perfect strangers on the Broadway Line (think horses, not trains), then smashed the man of the party, Avery Putnam, with a conductor’s device going by the sinister name of “car-hook”. His case turned, both juridically and in the public eye, on the question of whether Foster had formed an “intent” sufficient to justify a first-degree murder conviction; the killer’s own jury later joined appeals for his reprieve, having felt buffaloed by public opinion in the immediate aftermath of the crime.

This case also clearly had a significant class component — a respectable gentleman randomly slain by a workingman — and the newspapers’ coverage frequently touches on obvious bourgeois anxiety, or uncertainty as to just how badly those of Foster’s socioeconomic position would take the hanging.

These and other themes of the media coverage will look very familiar a century and a half later. The only things missing are the tweets.

The Editorial Board

New York Times, May 28, 1871

Abolish the Car-Hook.

… the fatal weapon which slew Mr. Putnam … a weapon which we know to be deadly is so familiar to the hands, and possibly the heads of a large portion of the population, that they think nothing of using it at all. Of course the statement on which we found these conclusions may be incorrect. But it seems probable enough, and is confirmed by the numerous cases of assault with car-hooks reported since the Putnam murder. Before the light of that great tragedy brought into unusual prominence the fatal tool, it is fair to presume that it was not less active in its work of evil than at present.

It is not pleasant, then, to reflect that every time we travel on a horse-car whose conductor or driver hapens to be a trifle drunk, or unusually passionate and vindictive, we run a certain risk, slight it may be, still an appreciable risk, of being brained with an instrument to which the assailant’s hand instinctively turns. And since temptation is the firmest ally of crime, we might very properly begin our street-car reform by abolishing the car-hook altogether … Even if the replacing appliance be less convenient for the purposes, and less satisfactory in its workings, it is better that the driver should have a little more trouble and delay than that he should have constantly at hand a means and a provocative to murder. We do not doubt, however, that the present model of car-hook may readily be improved on, and at the expense of a little ingenuity, made not only harmless, but more complete.

The Murderer

New York Times, June 4, 1871

FOSTER’S APPEAL.

The Condemned Prisoner Reviews His Case.

He Never Intended to Kill Mr. Putnam — The Verdict of Death the Result of Public Resentment — He Thinks He Has Been Unjustly Treated.

TO THE PUBLIC: Sufficient time has elapsed since my conviction for the murder of Mr. Putnam to allow me to make that appeal to the cool judgment of the public which my counsel could not make in a court-room, oppressed by the usual legal formalities. I have not much to say, but in my awful position what little appeal I make is invested with a terrible importance, to me at least. After a short and impartial trial, before the case was submitted to the jury, Judge Cardozo* charged almost directly in my favor — at least, in modification of the verdict. He directed the jury that a fit of passion did not imply the requisite degree of malice justifying a verdict of murder in the first degree. He almost as much as told them that in my case there was no evidence proving that I intended to kill Mr. Putnam — that death was a result I never contemplated, and that however furious the resentment of the public might be, it would not be in accordance with their oath to convict me of a malicious purpose to kill Mr. Putnam.

The jury was evidently inclined to regard this direction of Judge Cardozo, but they were afraid to abide by it thoroughly. Public opinion was too strong; and because, I believe, it did not stop to consider my case coolly, it compelled that jury to bring me in guilty of downright murder in the first degree. But even then they went as far as they dared in recommending me to mercy. They recommended me to mercy because they felt that there was something wrong with the rest of their verdict, and they wanted to make the best balance they could without taking any responsibility themselves. Now I make this appeal from my condemned cell, because the public are beginning to believe with Judge Cardozo. Judge Cardozo said the truth. He said I never meant to kill Mr. Putnam. He knew from the very evidence that there was nothing further from my intention — and it is the intention which makes the crime.

What are the facts of the case? I had been drinking heavily — God knows I can’t excuse that. I was stupid drunk, mad drunk, and I got into a drunken difficulty with a strange man. That was Mr. Putnam. He said something which aggravated my drunken madness. Without any thought, without any calculation, on the impulse of blind fury, I struck him with the first thing that came to hand. That blow was never intended to kill Mr. Putnam. It was struck with hardly any intention at all. It was the work of a madman, not of a deliberate murderer. It was struck with no recognized weapon — just the first thing that came to hand. If it had fallen on the top of his head it would probably never have killed him. But it did kill him, and for the blow which I struck, without having any definite intention, resulting in his death, I am condemned to death in revenge. No one will pretend to say that I deliberately set about to effect Mr. Putnam’s death. I made no attempt to escape. I identified myself. I claimed to have struck him, having no idea, no earthly notion that my drunken blow would result in bringing about my conviction of murder.

Public resentment and exasperation brought about the verdict. There are men in the Tombs who have killed others soberly, in cold blood, and there has been no hue and cry after them. A man who had a quarrel with another and then went home and procured a knife with which he came back and stabbed him to death, deliberately and in cold blood, was sent to Sing Sing for four years the other day. There are others in this prison convicted of murder with weapons known to be deadly — so that their intentions in using them could not be doubted a moment — and they are safe. … I was tried out of my turn … while the public was resolved to have my blood as soon as possible. Out of these I alone am selected to undergo capital punishment, because mine was a sensational case.

No one can doubt the truth of this, and it is because this is the truth known to God and sworn to by me in the shadow of death, that I make my appeal to the public. I am doomed to die because a wicked drunken freak resulted in the death of a man, whom I no more intended to harm seriously than I would my own child … Is the recommendation to mercy to mean nothing? Does anybody refuse to see in it the protest of the jury against the pressure which forced them to bring me to the gallows? The public, which was furious, compelled the jury to act as it did, and I make my appeal, therefore, to the public.

I implore the public to consider my case, now that I am sentenced, and any evasion of law in my favor is impossible, coolly and dispassionately. I appeal to the public to be just and fear not. And what I have to say in my behalf I say with the solemnity of my situation. I make my appeal as a condemned murderer, sentenced to a speedy and ignominious death, helpless and powerless, but confident that the same feeling which on an impulse secured my conviction, will, when cool and deliberate, do even me proper justice.

WILLIAM FOSTER.

The Widow

New York Times, Nov. 22, 1872

THE PUTNAM MURDER.

The Widow Sues the Railroad Company for Damage.

The murder of Avery D. Putnam, for which William Foster now stands condemned, has been revived in the Courts in a new form. it appears that Mrs. Putnam, the widow, some time since, instituted a suit against the Broadway and Seventh-avenue Railroad Company, to recover damages to the extent of $5,000, (the limit of the law.) for the loss of her husband, which loss she charges to have been the result of the culpable negligence of the Company and its servants.

[she won -ed.]

The Minister

New York Herald-Tribune, March 6, 1873

(One letter among more than an entire page’s worth of clemency petitions the Tribune reprinted, with a note of scorn.)

LETTER FROM THE REV. DR. TYNG.

This young man has been familiarly known to me from his childhood. He grew up in the Sunday school and congregation of my church … of which his family have made a part since his birth. He was always a quiet, orderly, and good boy — he grew up an industrious and well behaved young man — he has never been a bad man or a drunkard.

The whole circumstances of this sad event which has placed him in his present position, he has personally related, very minutely, to me … I have visited him regularly as his pastor. He has presented himself to me as a gentle, quiet, penitent young man, and I have had much encouragement in visiting him.

Foster does not in the least excuse himself from the just infliction and endurance of his sentence, if it be the will of God that he must meet it …

I really think the young man entitled to a commutation of a sentence for willful murder in the first degree … He acted in blind haste, with no malicious intent, and he has groaned in anguish over the remembrance of his crime. His honored parents and excellent family, his young wife and little children, his own industrious life, his really quiet and habitual deportment, his expressions of anger, hostility, or self-defense, unite to present his case to me as one peculiarly appropriate for Executive mercy. … I do not know what efforts others may make in his behalf; but, as the pastor of his family — and of all his early life, and as now his gratefully accepted pastor in the hour of his sorrow — I feel compelled to implore for him the mercy which you alone can exercise.

Stephen Tyng

[Tyng, an Episcopal, was a celebrity preacher in the Big Apple, and built an early “megachurch”. He is the namesake of, but unrelated to, the man who founded the U.S. National Park System — Stephen Tyng Mather. -ed.]

The Humorist

New York Herald-Tribune, March 10, 1873

Sir: I have read the Foster petitions in Thursday’s Tribune. The lawyers’ opinions do not disturb me, because I know that those same gentlemen could make as able an argument in favor of Judas Iscariot, which is a great deal for me to say, for I never can think of Judas Iscariot without losing my temper. To my mind Judas Iscariot was nothing but a low, mean, premature Congressman.** The attitude of the jury does not unsettle a body, I must admit; and it seems plain that they would have modified their verdict to murder in the second degree if the Judge’s charge had permitted it. But when I come to the petitions of Foster’s friends and find out Foster’s true character, the generous tears will flow — I cannot help it. How easy it is to get a wrong impression of a man. I perceive that from childhood up this one has been a sweet, docile thing, full of pretty ways and gentle impulses, the charm of the fireside, the admiration of society, the idol of the Sunday school. I recognize in him the divinest nature that has ever glorified any mere human being. I perceive that the sentiment with which he regarded temperance was a thing that amounted to frantic adoration. I freely confess that it was the most natural thing in the world for such an organism as this to get drunk and insult a stranger, and then beat his brains out with a car-hook because he did not seem to admire it. Such is Foster. And to think that we came so near losing him! How do we know but that he is the Second Advent? And yet, after all, if the jury had not been hampered in their choice of a verdict I think I could consent to lose him.

The humorist who invented trial by jury played a colossal practical joke upon the world, but since we have the system we ought to try to respect it. A thing which is not thoroughly easy to do, when we reflect that by command of the law a criminal juror must be an intellectual vacuum, attaching to a melting heart and perfectly macaronian bowels of compassion.

I have had no experience in making laws or amending them, but still I cannot understand why, when it takes twelve men to inflict the death penalty upon a person, it should take any less than twelve more to undo their work. If I were a legislature, and had just been elected, and had not had time to sell out, I would put the pardoning and commuting power into the hands of twelve able men instead of dumping so huge a burden upon the shoulders of one poor petition-persecuted individual.

Mark Twain

The Future Attorney General

New York Times, March 20, 1873

THE FOSTER CASE.

Letter to Gov. Dix by Edwards Pierrepont.

Judge Edwards Pierrepont has addressed a letter to Gov. Dix on the case of Foster. He says:

The decision of the Court of Appeals affirmed the judgment of the court below, whereby William Foster was condemned to be hanged for the murder of Avery D. Putnam. But that decision would have been precisely the same if Mr. Putnam had appeared in court, and proved that he was still alive … The rigid rules of law do not allow an appellate court to look beyond the record, even though the court might behold the living man, for whose murder the accused was condemned to die.

It is for this very reason, and to meet cases like the one before you, that the high Executive is clothed with extraordinary powers, adequate to correct all such mistakes, and to consider all facts and circumstances outside of the legal record, in furtherance of the highest justice, and beyond the functions of a court of law …

If William Foster is put to death for the premeditated murder of Mr. Putnam, very few of the reflecting community will not believe that he was executed for a greater crime than he in fact committed, and, to avoid the repetition of such an act of injustice, the aggrieved sentiment of the public may demand the abolition of the death penalty entirely.

Foster was convicted a few days after Mr. Putnam died, while the public mind was fevered and alarmed, and the verdict was not in accordance with the real convictions of the jury, nor in harmony with any reasonable deductions from the evidence …

the hanging of Foster would savor more of vengeance than of justice … and the reaction likely to take place in the public mind might cause a repeal of those laws which are now a wholesome restraint upon evil men.

The Aftermath

New York Herald, Nov. 1, 1873

TO THE EDITOR OF THE HERALD:

Justice can no longer be said to be blindfolded in New York. The verdict in the case of Stokes [murderer of bankster James Fisk -ed.] is a mockery and a farce. Jack Reynolds said, “Hanging for murder is played out in New York;” but his assertion would have been much truer if he ahd added, “for the rich.” If Stokes was not guilty of murder in the first degree then the hanging of Foster was nothing but downright murder. Stokes had not the slightest excuse, while Foster had a great many … The jury must have been influenced by some outside influence or there must have been some flaw in the presentment of the case by the prosecution. This verdict should cause our citizens to blush. It shall be recorded in the history fo our city as an everlasting disgrace and humiliation. Our citizens, it is true, are looking on patiently at this way of administering law; but the time will yet come when they will take the administration (if driven so far) of it into their own hands and adopt the rule of the pioneers of the West for murders – viz., “Lynch law.”

AN ADMIRER OF THE HERALD.

* Father of eventual Supreme Court justice Benjamin Cardozo.

** Congress-bashing is a timeless sport, but the body was in particularly low esteem at this moment because of the Credit Mobilier scandal.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,New York,USA

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1649: John Poyer, the lucky winner

5 comments April 25th, 2009 Headsman

On this date* in 1649, John Poyer, late the mayor of Pembroke, was shot at London’s Covent Gardens for switching sides in the English Civil War.

John Pembroke had earned his Round head by taking Carew Castle from King Charles‘ forces in the First English Civil War.

But the silly hats in Parliament wanted much of the potentially dangerous army to demobilize, and do so without settling the small matter of its back pay. Poyer refused to hand over his command and Pembroke Castle to a Parliamentary agent, and sought a better deal from monarchists.**

Only with a painstaking siege was the imposing medieval fortress of Pembroke reduced. Poyer, his superior Rowland Laugharne, and Rice Powell were hauled to London and condemned to death.†

In an interesting twist, it was decided that one example would prove the point as well as three, and to allot the clemencies by chance. When the three refused to draw their own lots, a child was given the job instead, and distributed three slips of paper. Laugharne and Powell read “Life given by God.” Poyer’s was deathly blank.

Mark Twain latched onto the singular role of a child in this deadly lottery, and wrung it for every drop of pathos in a short story, “The Death Disk”.

Unlike the proposed victim of that story, Poyer did not benefit from any last-second Cromwellian pity. His death is related in the zippily titled “The Declaration and Speech of Colonell John Poyer Immediately Before his Execution in Covent-Garden neer Westminster, on Wednesday, being the 25 of this instant April, 1649. With the manner of his deportment, and his Proposals to the people of England.”‡

Having ended his speech, he went to prayers, and immediately rising up again, called the men designed for his execution to him, which were six in number, and giving them the sign when they should give fire, which was by holding up both his hands, they observed his motion, who after some few expressions to his friends about him, prepared an embracement for death, and casting his eyes to Heaven, with both hands lifted up, the Executioners (with their fire locks) did their Office, who at one voley bereav’d him of his life, his corps being taken up, was carryed away in a Coach, and the Souldiery remanded back again to White-Hall.

* A few sources say April 21, but the overwhelming majority concur on the 25th — as do the primary citations available in 17th-century comments on his death (e.g., “he was upon the 25 of this instant Aprill being Wednesday, guarded from White-Hall in a Coach, to the place of execution” in “The Declaration and speech of Colonell John Poyer before his execution…”)

** D.E. Kennedy observes that the divide between Parliament and Royalist was not so bright as might be imagined — and that Cromwell himself was at this time negotiating with the future Charles II as an expedient to get around Charles I.

† The rank and file of Welsh insubordination basically skated, a display of clemency from the Lord Protector that Ireland would not enjoy.

‡ The title promises much more scaffold drama than two and a half forgettable pages deliver — basically, that Poyer died (a) penitent; (b) Anglican; and (c) wishing for peace.

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Entry Filed under: 17th Century,Arts and Literature,Capital Punishment,Chosen by Lot,Death Penalty,England,Execution,History,Not Executed,Pardons and Clemencies,Politicians,Power,Public Executions,Revolutionaries,Shot,Soldiers,Treason,Wales

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1877: John D. Lee, for the Mountain Meadows Massacre

1 comment March 23rd, 2009 Headsman

On this date in 1877, Mormon leader John D. Lee was shot at the site of (and for the crime of instigating) the Mountain Meadows Massacre 20 years before.

As the only person ever prosecuted for this dreadful affair, which saw 120 California-bound settlers slaughtered by a Mormon militia, Lee “was allowed … to carry to his grave Mormondom’s guilt for this horrible and barbaric act.” (Jan Shipps)

On this anniversary of Lee’s death, Executed Today interviews author Judith Freeman, whose historical novel Red Water tells Lee’s story through the eyes of three of his 19 wives.

You grew up Mormon — what brought you to this story? I gather that it wasn’t exactly daily discourse in your youth.

I found a copy of Juanita Brooks‘ book The Mountain Meadows Massacre in a used bookstore in Port Townsend, Washington, read it and was captivated by this story.

Growing up in northern Utah, I’d only heard vague, shadowy references to the massacre. It was the dirty little secret buried in the Mormon past — except for those people in Southern Utah who lived with that story as part of every generation’s experience and shame. I felt I had to write a novel about it, in part to try and understand this question: How do you get basically good people, like those Mormon settlers, to commit such evil?

You paint a picture of John Lee through the eyes of three of his wives. What kind of man was he — and how representative of the Mormon hierarchy would that be?

I think Lee was first and foremost a brilliant pioneer and survivalist and also a big blowhard, the kind of guy who would talk your head off — affable and a bit boring when it came to promoting his own virtues and experiences. He was self-aggrandizing, he’d do anything to make a buck, he had problems with the truth. He was a suck-up to Brigham Young who became his substitute father and then betrayed him.

He wasn’t entirely trustworthy because he put his own interests before all else. He could also be incredibly generous and kind, helpful to others. He wanted people to like him though they often didn’t, and he had an ingratiating quality. He was an orphan, with an orphan’s life-long neediness. In many ways I think he was good to his wives and cared deeply about his family — all sixty something kids and 19 wives. He was an amazingly talented man, skilled at many trades and businesses.

Was he representative of the Mormon Hierarchy? I don’t know. In some ways yes but I sense he was more sycophantic than some, and had a more amusing character than others, but what they all had in common was an absolute deference to church authority. I think I might have enjoyed meeting John D. Lee, he might have been more lively and fun than Brigham Young who strikes me as a misogynist and a brittle, cold man.

What about the women — three very different characters. What’s the sense you got of life for these women as pioneers, living in a polygamous family? How did they relate to one another, and how did the massacre and the execution of John Lee change their situation?

The women were also amazingly inventive as pioneers, strong, tough, formidable women though how can you generalize about 19 different personalities? Some liked each other and some couldn’t stand each other and the good thing was that Lee was a small industry and many of his wives had their own farms so they weren’t required to live on top of each other. He understood the “kitchen thing” when it comes to women, and said he wanted every one of his wives to have her own stove. The Lee family/families were devastated by his execution. His families were left penniless and destroyed, treated very cruelly, the women dispersed and shunned, the children shamed, and this shame was carried for generations.

To what extent is polygamy in the back story of the Mountain Meadows Massacre? What, for that matter, was the massacre really “about” in your judgment?

Polygamy had a small role to play in the massacre. The practice of polygamy, outlawed by the United States, was a part of what disturbed Washington and caused the federal government to send troops to Utah, which scared the Mormon populace into committing violent acts. One must remember that they had been the victims of violence and massacre, and fear turned in their minds.

What the massacre was really about, in my judgment, was the struggle for power in Utah. Would Brigham Young and the Mormon hierarchy control the territory and be masters of their own destiny, or would the federal government impose control of the “fiefdom”? The massacre came out of the idea the Indians could be made to carry out an attack and then the government would be forced to realize that if the Mormons were not allowed to control the territory and “their” natives, terrible things could happen. But the whole thing got out of control and took on a terrible life of its own.

A large party of Mormons, painted and tricked out as Indians, overtook the train of emigrant wagons some three hundred miles south of Salt Lake City, and made an attack. But the emigrants threw up earthworks, made fortresses of their wagons and defended themselves gallantly and successfully for five days! Your Missouri or Arkansas gentleman is not much afraid of the sort of scurvy apologies for “Indians” which the southern part of Utah affords. He would stand up and fight five hundred of them.

At the end of the five days the Mormons tried military strategy. They retired to the upper end of the “Meadows,” resumed civilized apparel, washed off their paint, and then, heavily armed, drove down in wagons to the beleaguered emigrants, bearing a flag of truce! When the emigrants saw white men coming they threw down their guns and welcomed them with cheer after cheer! And, all unconscious of the poetry of it, no doubt, they lifted a little child aloft, dressed in white, in answer to the flag of truce!

The leaders of the timely white “deliverers” were President Haight and Bishop John D. Lee, of the Mormon Church. Mr. Cradlebaugh, who served a term as a Federal Judge in Utah and afterward was sent to Congress from Nevada, tells in a speech delivered in Congress how these leaders next proceeded:

They professed to be on good terms with the Indians, and represented them as being very mad. They also proposed to intercede and settle the matter with the Indians. After several hours parley they, having (apparently) visited the Indians, gave the ultimatum of the savages; which was, that the emigrants should march out of their camp, leaving everything behind them, even their guns. It was promised by the Mormon bishops that they would bring a force and guard the emigrants back to the settlements. The terms were agreed to, the emigrants being desirous of saving the lives of their families. The Mormons retired, and subsequently appeared with thirty or forty armed men. The emigrants were marched out, the women and children in front and the men behind, the Mormon guard being in the rear. When they had marched in this way about a mile, at a given signal the slaughter commenced. The men were almost all shot down at the first fire from the guard. Two only escaped, who fled to the desert, and were followed one hundred and fifty miles before they were overtaken and slaughtered. The women and children ran on, two or three hundred yards further, when they were overtaken and with the aid of the Indians they were slaughtered. Seventeen individuals only, of all the emigrant party, were spared, and they were little children, the eldest of them being only seven years old. Thus, on the 10th day of September, 1857, was consummated one of the most cruel, cowardly and bloody murders known in our history.

Mark Twain, Roughing It

John Lee: murderer, scapegoat, or both? How did he come to be prosecuted at all, and how to be the only one prosecuted?

John D. Lee was both murderer and scapegoat. He was bold and careless enough to hang around the area after the massacre, and to prosper from his various businesses and appear almost indifferent to what had happened — perhaps he thought he had the protection of the church authorities who continued to insist the Indians had committed this atrocity. A lot of others who’d participated in the massacre left the area, driven out by fear and shame. But Lee hung on.

John D. Lee, seated beside his coffin just before his execution.

How he was thrown to the wolves by the church authorities is a long story, as is the story of his two trials. He was the easiest person to scapegoat. He took the bullet for his church, and I think the authorities felt that they could put the affair behind them once he was dead, and they did for a very long time, until brave little Juanita Brooks wrote her book in the 1950s and was the first to tell the truth: the Mormons did it.

Does the Mormon church have some unfinished reckoning here? If so — why, after all these years?

Who cares what I think? But in my opinion, of course they do. They need to stop saying it was a “local” affair, carried out by some “local” renegade fanatics in southern Utah. The whole situation that led to the massacre was put into motion by people high up in the church, but I doubt very much they’ll ever go there and admit that. Too many lawyers, too much money, too impossible to admit culpability of prophets, seers, revelators.

Finally, I just want to say that after writing Red Water and thinking about this massacre for the five years it took to research and write the book, this is what I came to believe about how you get good people to do bad things.

You need to get three things going: First, you have to make people afraid and use that fear to manipulate them (think of 9/11). Second, you need get people to obey some greater force or consciousness other than their own — the Mormons had a principle of Perfect Obedience where you were required to subject yourself to the authority of the priesthood and church elders, but this idea could as well be inculcated in the concept of patriotism, or military duty. The point is, you subdue your own conscience in favor of deferment to an outside force. Third, you make people think their system is better than the other guy’s, that you’re doing God’s will, that your sense of right is greater than theirs. If you can make people think they are doing God’s will, you can get them to do anything. Get these three things going, and you can get good people to commit great evil.

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Entry Filed under: 19th Century,Arts and Literature,Botched Executions,Capital Punishment,Cycle of Violence,Death Penalty,Execution,God,History,Infamous,Interviews,Murder,Notable Jurisprudence,Other Voices,Politicians,Power,Religious Figures,Scandal,Shot,Soldiers,The Worm Turns,USA,Utah

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