1881: A day in the death penalty around the U.S.

Add comment October 14th, 2016 Headsman

Four hangings from the four corners of a continental empire darkened American jurisprudence on this date in 1881.

Sageville, New York

Edward Earl hanged in this Adirondacks hamlet for stabbing to death his wife (never named in any press account I located) four years before

Earl attempted (and obviously failed) an insanity defense, which was an interesting tidbit since Charles Guiteau was at this moment gearing up to do the same after assassinating President Garfield earlier this same year.

Dawson, Georgia

From the New Orleans Times-Picayune, Oct. 15, 1881:

ATLANTA, Oct. 14 — Frank Hudson, colored, was hanged at Dawson, this state, to-day, for the murder in August last of David Lee, Mrs. Lee and a negro girl. His purpose, according to his confession, was robbery. He was taken to the gallows under guard of a military company and appeared calm and unmoved. He acknowledged his guilt and the justice of his sentence, and hoped he had been forgiven. He was dead in ten minutes from the time the trap was sprung. This is the first execution that has taken place in Kerrell county.

Ukiah, California

For the background of this murder in the heart of hops country, we’ll crib the meandering but compulsively specific testimony of the event’s only third-party witness in original old-timey cant, as quoted by an appellate court:

Harvey Mortier was speakng angry to Richard Macpherson about a wedge ax that Harvey Mortier accused him with stealing, accused him for taking a wedge ax, and Richard Macpherson says to him, he didn’t do it. He says he would go to Hi Stalder and find out who took the ax. The ax belonged to a man named Hi Stalder.

Well! says Harvey Mortier to him, why don’t you come down now and find out who took the ax? Now, says Richard Macpherson, I won’t go till this evening. He says, you had better come now. He says no, he won’t.

“I will find somebody down in the woods that will put a good head on you; give you a good licking.” This last was said by Mortier to Macpherson. Macpherson didn’t go down to Hi Stalder’s to find out who took the ax. He remained with me chopping, and I was chopping at the time and Richard Macpherson was working with me.

He started to work and Harvey Mortier (the defendant) went away, passing where we were. He went on a little, small trail. Before he left he asked me if I see any deers? I said, yes sir. I says, I seen some deers over there in that direction; so he passes along that little trail going that way, towards that way, and I was chopping wood. Didn’t pay no attention to it.

In a few minutes the gun was fired and I looked and seen Macpherson and Mortier. I saw Harvey Mortier shooting. I seen the smoke and the gun in front of him, and he taking the gun down from him. He was standing in bushes that were chopped down, about two feet high.

(The witness here showed the position of Mortier when the shot was fired, which was a stooping one.)

I saw the smoke in front of his face, and he was trying to hide himself. Mortier was thirty-four yards from Macpherson at the time the shot was fired. I measured in the next day with a six-foot pole.

The smoke was right at the end of the gun. I saw Mortier’s face distinctly and recognized him. I had known him five or six years.

After the shot, Macpherson and I ran away. He ran two hundred and thirty-five steps after he was shot. We ran as soon as the shot was fired.

The last I saw of him he was leaning against a fence. He fell down. I then went after help to bring him home.

At the time the shot was fired Macpherson was standing in front of Mortier and I was standing on one side. Macpherson was chopping a tree about six inches through. Macpherson lived about half an hour after the shot was fired.

Silver City, Idaho

We cannot improve on the correspondent who reported Henry MacDonald’s hanging* in Silver City’s local Owyhee Avalanche the very next day:

* Note that the findagrave.com link misdates this hanging as of this post’s publication. In 1881, October 14 (not the 15th) was the Friday, and I trust that the article reproduced here will constitute evidence that “October 15” did not appear in the original text of the story.

On this day..

Entry Filed under: 19th Century,California,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Georgia,Hanged,Idaho,Murder,New York,Public Executions,USA

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1922: Eleuterio Corral and Rumaldo Losano, escapees

Add comment January 20th, 2016 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1922, Eleuterio Corral and Rumaldo Losano were hanged in New Mexico’s Grant County Jail in Silver City for the 1921 murder of a prison guard.


Corral (left) and Losano (right).

Losano and Corral were serving time in the Grant County Jail for robbery (Corral) and attempted larceny (Losano) in the spring of 1921. Losano had only fifteen days days left to go on his sentence. Nevertheless, on April 2, 1921, the two young men decided to make a break for it. The jailer, sixty-year-old Ventura Bencoma, had been sick with the flu and during the early morning hours he decided to have a lie-down. While Bencoma slept, Corral and Losano were able to get out of the cell they shared.

A nearby cell was unoccupied and used for storing coal and firewood, and had an ax. The two convicts sneaked up on Bencoma and brained him with the ax, took his gun and keys, and threatened to shoot the other prisoners if they made any noise. They tried to use the keys to release another prisoner, Jesus Rocha, but weren’t able to get the lock undone and gave up. As soon as the pair had run off into the darkness, the others started screaming for help and woke up the sheriff, who was also enjoying a siesta of his own up on the second floor and had missed the entire jailbreak.

Bencoma died within a few hours, as the sheriff and a posse of men were searching for Losano and Corral. On April 5, after a brief exchange of gunfire, the fugitives were captured hiding in a shack. Their statements are summarized in West C. Gilbreath’s Death on the Gallows: The Story of Legal Hangings in New Mexico, 1847-1923:

Both Eleuterio and Rumaldo bragged out loud of their escape and short freedom. Both men told Sheriff Casey it was Jesus Rocha who planned the escape and was to have joined them. Sheriff Casey learned from the two that after Jailer Bencoma’s keys and pistol were removed, they were to unlock the steel cell door to Jesus Rocha. Once he was released, the three were to go up to the second floor where Sheriff Casey’s quarters were and call him to the door. Once the Sheriff opened the door, he would be shot and killed with the jail’s pistol. The three would then arm themselves with the Sheriff’s rifles and ammunition. They planned to saddle the horses in the Sheriff’s corral and flee to Mexico. The plan began to fall apart after both failed to unlock the cell door to Jesus Rocha.

In light of this information, Jesus Rocha was charged with murder alongside his criminal colleagues. At trial, Losano and Corral recanted their statements about his involvement and claimed Rocha had not been a part of the escape plan. All three were convicted and sentenced to hang, but the Supreme Court of New Mexico subsequently reversed Rocha’s conviction, leaving Corral and Losano to face the noose without him.

Their families in Mexico pleaded for mercy, claiming that at the time of the murders, Corral was just sixteen years old and Losano seventeen. However, three physicians who examined them judged Corral was least nineteen and Losano was probably older than twenty.

A few days prior to the execution, the deputy warden conducted a surprise search of the condemned men’s cell. Both of their mattresses contained hacksaws and makeshift knives: they’d been planning another violent escape attempt. Unsurprisingly, the state governor, Merritt C. Mechem, refused to commute the sentences, telling Sheriff Casey, “Every guard’s life out there would be in danger with those two in the penitentiary.”

Officials set up the scaffold only about fifty feet from where Bencoma was murdered. Corral went first, then Losano. Both of them were calm and offered the standard prayers, apologies for their crimes and pleas for forgiveness.

On this day..

Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Guest Writers,Hanged,Murder,New Mexico,Other Voices,Racial and Ethnic Minorities,USA

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