1851: John McCaffary, the last hanged by Wisconsin

On this date in 1851, the domestic abuser John McCaffary (or McCaffrey) was publicly hanged in Kenosha, Wisconsin.* His crime — singularly ill-concealed — was a noisy row with his wife Bridgett that ended with him tipping her into a rain barrell and holding her in it until she stopped moving.

Neighbors alerted by Bridgett’s shrieks arrived to find the newly-minted widower redwet-handed, and his late wife stuffed in the backyard butt.

There had been a few executions in Wisconsin before McCaffary’s, but this was the first one after Wisconsin attained statehood in 1848. It was attended by a large crowd of 2,000 to 3,000 onlookers — a third of them female, to the special chagrin of newsmen.

And those 2,000 to 3,000 onlookers, as it turned out, witnessed something never to be repeated. From that day until this, the state of Wisconsin has never again put a human to death.**

The crowd played a part in that eventuality. Wisconsin was a reforming northern state — in a few years, the anti-slavery Republican Party would be founded there — and the spectacle of public enjoyment under the gallows struck as regrettable the sorts of people who, say, write Madison Democrat editorials. (“Murder before the people, with its horrors removed by the respectability of those engaged in its execution.” (Source))

Christopher Latham Sholes, a Kenosha publisher whose main claim to historic fame was later inventing the first commercially successful typewriter,† was seated in the Wisconsin State Assembly in 1852 as a Free Soiler. He too had denounced the execution in his newspaper — “the crowd has been indulged in its insane passion for the sight of a judicially murdered man … we hope this will be the last execution that shall ever disgrace the mercy-expecting citizens of the State of Wisconsin.” (See It Happened In Wisconsin, 2nd, or this link.) As a legislator, he put his political capital where his editorials were and spearheaded a successful campaign to get rid of capital punishment.

On July 12, 1853, Wisconsin followed the example of its neighbor, Michigan, and abolished the death penalty full stop.


Burial marker for McCaffary in Kenosha’s Green Ridge Cemetery, erected in 2001. ((cc) image from Matt Hucke.) The McCaffary house on Court Street is also a registered historic landmark, and possibly haunted by Bridgett’s ghost.

There’s a handy roundup of resources related to the McCaffary execution here.

* The present-day name. Kenosha was then known as Southport.

** According to Invitation to an Execution: A History of the Death Penalty in the United States, there was an 1868 Wisconsin execution under Oneida (not Wisconsin) law, conducted on tribal lands.

† Said typewriter also debuted the now-standard QWERTY keyboard layout.

On this day..

1897: Michele Angiolillo, assassin of Canovas

On this date in 1897,* anarchist Michele Angiolillo was garroted in Vergara prison for assassinating the Spanish Prime Minister.

Angiolillo (English Wikipedia entry | Spanish) was an Italian expatriate in England who was so incensed by the procesos de Montjuic — a spasm of indiscriminate arrests and torture that followed an anarchist bombing in Barcelona — that he resolved to avenge the crime against his brothers.

“He read of the great wave of human sympathy with the helpless victims at Montjuich,” Emma Goldman wrote of Angiolillo. “On Trafalgar Square he saw with his own eyes the results of those atrocities, when the few Spaniards, who escaped Castillo’s clutches, came to seek asylum in England. There, at the great meeting, these men opened their shirts and showed the horrible scars of burned flesh. Angiolillo saw, and the effect surpassed a thousand theories; the impetus was beyond words, beyond arguments, beyond himself even.”

That named “Castillo” whose clutches rent so much flesh was the Spanish Prime Minister Antonio Canovas del Castillo, a statesman whose pioneering contribution to the art of manufactured consent was the turno system whereby two major Spanish political parties alternated turns in power/opposition and mutually connived to engineer ceremonial elections to that effect.

Upon his shoulders rested responsibility for the Barcelona torture regime.

And Angiolillo took it upon his shoulders to hold the executive to account.

Slipping into Spain with false papers, Angiolillo found Canovas taking a restorative visit to the Santa Agueda thermal baths and shot him dead on August 8.

As guards overcame the gunman — much too late — Canovas’s wife shrieked at him, “Murderer! Murderer!” The shooter gave her a bow and asked her pardon, for “I respect you, because you are an honorable lady, but I have done my duty and I am now easy in my mind, for I have avenged my friends and brothers of Montjuich.” (There are different versions of this bit of faux-politesse reported; suffice to say that in any form the remark was more pleasurable for Angiolillo to deliver than for the widow to receive.)

Official undesirables, by no means limited to anarchists who had survived Inquisition tactics in Montjuic, could scarcely contain their glee. New York anarchists avowed their support. Cuban and Puerto Rican separatists fretted only that the glory of the deed did not belong to one of their own. The Cubans specifically (and correctly) anticipated that the death of Canovas spelled the imminent recall of “Butcher” Weyler, the island’s strongman governor who had brutally crushed a rebellion there.**

His trial was undertaken within days, a mere formality considering that Angiolillo obviously shared the pride taken in his act by his overseas supporters. He justified the murder with reference not only to the torture and execution of anarchists at Montjuic, but of the execution of Philippines independence martyr Jose Rizal a few months prior.

* There are some sites proposing August 19 or 21. Period press reports are unambiguous that the correct execution date is August 20.

** William Randolph Hearst’s New York Journal would publish a banner headline during the imminent Spanish-American War triumphantly asking readers, “How do you like the Journal’s war?” Its claim to ownership stemmed in part from Hearst’s relentless hyping of Weyler’s (very real) atrocities over the preceding years.

On this day..

1738: Helena Curtens and Agnes Olmans, inviolable dignity

On this date in 1738, the last victims of witch trials in the Lower Rhine were burned at the stake in Gerresheim, an ancient German city today subsumed by Düsseldorf.

More eccentric than demoniacal, the sicky 14-year-old Helena Curtens reported having seen some ghostly apparition during a curative pilgrimage to Kevelaer, and received from him some towels with weird occult inscription. (She actually did have such towels.)

This adolescent attention-seeking turned into a whole thing when judge Johann Weyrich Sigismund Schwarz’s long ears caught hold of Gerresheim’s wagging tongues.

The whole idea of witches and witchcraft was trending ever less fashionable at this time, but not for Schwarz: he routed Curtens’s occult encounter into the judicial Hexenprozess and got on record an accusation against her neighbor Agnes Olmans as well as the usual stuff about playing the harlot with a visiting devil.

Their case extended for more than a year; Helena Curtens was 16 by the time she burned.

In that time, Curtens stayed curiously committed to her crazy story, even knowing that it was putting her under the shadow of the stake.

Olmans, by contrast, fought with every fiber the allegations that her young neighbor kept confirming. Olmans even fell ironic victim to the uneven development of rational witch-law reform when she tried to demand that she be put to the ordeal of water to prove her innocence: it turned out that this backwards practice of pseudo-forensics had been barred in 1555, so Schwarz could not order it. At trial, her denials were easily overcome by the gossip of neighbors, and even her own husband — who recalled that the mother-in-law had a distinctly witchy reputation. Hey, ’til death do us part, babe.

Today, there’s a public stone monument to these milestone sorceresses, the Gerresheimer Hexenstein (“Gerresheim witches’ stone”)

Its inscription reads:

Human dignity is inviolable.
For Helene Mechthildis Curtens and Agnes Olmanns.
Burned in Gerresheim on August 19, 1738.
After the last witch trial in the Lower Rhine
and for all those tortured and outcast

On this day..

476: Basiliscus, victim of the fine print

At some point around August 476 — the exact date(s) lost to history — the deposed Eastern Roman Emperor Basiliscus was executed most cruelly with his family.

But having himself played for power with ruthlessness to equal his rivals, Basiliscus was hardly in a position to complain about the treatment. Besides, his killers were just playing by the rules.

The mid-470s saw a confused succession of countercoups toppling short-lived successors to the able Leo I.

The succession went initially to a a 7-year-old grandson whose father, an Isaurian warrior, was proclaimed co-emperor to give the state adult supervision. When the kid died mysteriously (or “mysteriously”) months into his reign, the dad became Emperor Zeno.

As a “barbarian” who had married into the imperial family, Zeno couldn’t catch a break from the capital. He was run out of town in January 475 by a conspiracy of grandees, who elevated our man Basiliscus to power. (Basilicus nailed down the throne by executing his chief rival among the plotters for Big Man in Constantinople.) Basiliscus had been a general in his own right with a somewhat mixed track record; the highlight entry on his c.v. was a gigantic 468 invasion of Carthage that came to such catastrophic grief tht Basiliscus upon his return had to hide out in the basilica of Hagia Sophia claiming sanctuary to protect himself from popular fury.* Eventually the lynch mob died down and Basiliscus copped a pardon from Emperor Leo and returned to prominence in time to be a leading player in the putsch.

Demonstrating his customary aptitude for great undertakings, Basiliscus immediately busted as emperor. A huge fire ravaged Constantinople under his watch. He recalled exiled Monophysite clergy, leading the patriarch of Constantinople to drape icons in the Hagia Sophia in black.

It wasn’t long before daggers were drawn for Basiliscus in his scheming court, just as they had been for Zeno.

In fact, it was Zeno himself who would be the instrument of his successor’s destruction.

A general dispatched to Isauria to take care of the absconded Zeno got word of the gathering discontent and switched to backing the former and now future emperor. As they marched together on Constantinople, a second general sent to stop them also backstabbed Basiliscus by making an arrangement with Zeno to march his defending army down the wrong road. The barbarian warlord looked pretty good to the Senate by now, and it threw open the gates of Constantinople to welcome back its former master in August of 476. Basiliscus for the second time in his life made tracks for the sanctuary of Hagia Sophia.

It’s said that the restored Zeno got rid of Basiliscus without violating the church via a nasty little ruse: he got the former emperor to abandon sanctuary with a promise never to spill his blood, then promptly had Basiliscus together with his wife and his son thrown into a dry cistern at some Cappadocian fortress to desiccate from exposure. Zeno would have made a great lawyer.


Basiliscus forced into the cistern.

The restored Emperor Zeno reigned for 15 more years, during which he caused a schism in the church and played a lot of backgammon. Legend has it that he too met a horrific end by deprivation when he drank himself into such a stupor** that he was buried as dead, and finally awoke to find himself entombed. By now quite unpopular himself, he was roundly ignored as he pounded on the inside of his sarcophagus shouting for aid.

Robin Pierson’s History of Byzantium podcast handles this period in episodes 2 and 3.

* Procopius accuses Basiliscus of negligence verging on treason in this operation by accepting a plea (and a bribe) by the defending Vandals to defer the attack for a few days on some pretext. “If he had not purposely played the coward and hesitated, but had undertaken to go straight for Carthage, he would have captured it at the first onset.”

** Or alternatively (but less expressively, in moral terms), fell very ill — an epileptic coma, perhaps.

On this day..

1877: Leon Vitalis, inamorato

(Thanks to Harry Brodribb Irving for the guest post, originally published in his Book of Remarkable Criminals. Some formatting has been adjusted for readability. -ed.)

In the May of 1874, in the town of Montpellier, M. Boyer, a retired merchant, some forty-six years of age, lay dying. For some months previous to his death he had been confined to his bed, crippled by rheumatic gout. As the hour of his death drew near, M. Boyer was filled with a great longing to see his daughter, Marie, a girl of fifteen, and embrace her for the last time. The girl was being educated in a convent at Marseilles. One of M. Boyer’s friends offered to go there to fetch her. On arriving at the convent, he was told that Marie had become greatly attracted by the prospect of a religious life. “You are happy,” the Mother Superior had written to her mother, “very happy never to have allowed the impure breath of the world to have soiled this little flower. She loves you and her father more than one can say.”

Her father’s friend found the girl dressed in the costume of a novice, and was told that she had expressed her desire to take, one day, her final vows. He informed Marie of her father’s dying state, of his earnest wish to see her for the last time, and told her that he had come to take her to his bedside. “Take me away from here?” she exclaimed. The Mother Superior, surprised at her apparent reluctance to go, impressed on her the duty of acceding to her father’s wish. To the astonishment of both, Marie refused to leave the convent. If she could save her father’s life, she said, she would go, but, as that was impossible and she dreaded going out into the world again, she would stay and pray for her father in the chapel of the convent, where her prayers would be quite as effective as by his bedside. In vain the friend and the Mother Superior tried to bend her resolution.

Happily M. Boyer died before he could learn of his daughter’s singular refusal. But it had made an unfavourable impression on the friend’s mind. He looked on Marie as a girl without real feeling, an egoist, her religion purely superficial, hiding a cold and selfish disposition; he felt some doubt as to the future development of her character.

M. Boyer left a widow, a dark handsome woman, forty years of age.

Some twenty years before his death, Marie Salat had come to live with M. Boyer as a domestic servant. He fell in love with her, she became his mistress, and a few months before the birth of Marie, M. Boyer made her his wife. Madame Boyer was at heart a woman of ardent and voluptuous passions that only wanted opportunity to become careless in their gratification. Her husband’s long illness gave her such an opportunity. At the time of his death she was carrying on an intrigue with a bookseller’s assistant, Leon Vitalis, a young man of twenty-one. Her bed-ridden husband, ignorant of her infidelity, accepted gratefully the help of Vitalis, whom his wife described as a relative, in the regulation of his affairs. At length the unsuspecting Boyer died. The night of his death Madame Boyer spent with her lover.

The mother had never felt any great affection for her only child.

During her husband’s lifetime she was glad to have Marie out of the way at the convent. But the death of M. Boyer changed the situation. He had left almost the whole of his fortune, about 100,000 francs, to his daughter, appointing her mother her legal guardian with a right to the enjoyment of the income on the capital until Marie should come of age. Madame Boyer had not hitherto taken her daughter’s religious devotion very seriously. But now that the greater part of her husband’s fortune was left to Marie, she realised that, should her daughter persist in her intention of taking the veil, that fortune would in a very few years pass into the hands of the sisterhood. Without delay Madame Boyer exercised her authority, and withdrew Marie from the convent. The girl quitted it with every demonstration of genuine regret.

Marie Boyer when she left the convent was growing into a tall and attractive woman, her figure slight and elegant, her hair and eyes dark, dainty and charming in her manner. Removed from the influences of convent life, her religious devotion became a thing of the past. In her new surroundings she gave herself up to the enjoyments of music and the theatre. She realised that she was a pretty girl, whose beauty well repaid the hours she now spent in the adornment of her person.

The charms of Marie were not lost on Leon Vitalis.

Mean and significant in appearance, Vitalis would seem to have been one of those men who, without any great physical recommendation, have the knack of making themselves attractive to women. After her husband’s death Madame Boyer had yielded herself completely to his influence and her own undoubted passion for him. She had given him the money with which to purchase a business of his own as a second-hand bookseller. This trade the enterprising and greedy young man combined with money-lending and he clandestine sale of improper books and photographs.

To such a man the coming of Marie Boyer was a significant event. She was younger, more attractive than her mother; in a very few years the whole of her father’s fortune would be hers. Slowly Vitalis set himself to win the girl’s affections. The mother’s suspicions were aroused; her jealousy was excited. She sent Marie to complete her education at a convent school in Lyons. This was in the April of 1875. By this time Marie and Vitalis had become friendly enough to arrange to correspond clandestinely during the girl’s absence from home. Marie was so far ignorant of the relations of Vitalis with her mother.

Her daughter sent away, Madame Boyer surrendered herself with complete abandonment to her passion for her lover. At Castelnau, close to Montpellier, she bought a small country house. There she could give full rein to her desire.

To the scandal of the occasional passer-by she and her lover would bathe in a stream that passed through the property, and sport together on the grass. Indoors there were always books from Vitalis’ collection to stimulate their lascivious appetites. This life of pastoral impropriety lasted until the middle of August, when Marie Boyer came home from Lyons.

Vitalis would have concealed from the young girl as long as he could the nature of his relations with Madame Boyer, but his mistress by her own deliberate conduct made all concealment impossible. Whether from the utter recklessness of her passion for Vitalis, or a desire to kill in her daughter’s heart any attachment which she may have felt towards her lover, the mother paraded openly before her daughter the intimacy of her relations with Vitalis, and with the help of the literature with which the young bookseller supplied her, set about corrupting her child’s mind to her own depraved level.

The effect of her extraordinary conduct was, however, the opposite to what she had intended. The mind of the young girl was corrupted; she was familiarised with vice. But in her heart she did not blame Vitalis for what she saw and suffered; she pitied, she excused him. It was her mother whom she grew to hate, with a hate all the more determined for the cold passionless exterior beneath which it was concealed.

Madame Boyer’s deliberate display of her passion for Vitalis served only to aggravate and intensify in Marie Boyer an unnatural jealousy that was fast growing up between mother and daughter.

Marie did not return to the school at Lyons. In the winter of 1875, Madame Boyer gave up the country house and, with her daughter, settled in one of the suburbs of Montpellier. In the January of 1876 a theft occurred in her household which obliged Madame Boyer to communicate with the police. Spendthrift and incompetent in the management of her affairs, she was hoarding and suspicious about money itself. Cash and bonds she would hide away in unexpected places, such as books, dresses, even a soup tureen.

One of her most ingenious hiding places was a portrait of her late husband, behind which she concealed some bearer bonds in landed security, amounting to about 11,000 francs. One day in January these bonds disappeared. She suspected a theft, and informed the police. Three days later she withdrew her complaint, and no more was heard of the matter. As Marie and Vitalis were the only persons who could have known her secret, the inference is obvious.

When, later in the year, Vitalis announced his intention of going to Paris on business, his mistress expressed to him the hope that he would “have a good time” with her bonds. Vitalis left for Paris. But there was now a distinct understanding between Marie and himself. Vitalis had declared himself her lover and asked her to marry him. The following letter, written to him by Marie Boyer in the October of 1876, shows her attitude toward his proposal:

I thank you very sincerely for your letter, which has given me very great-pleasure, because it tells me that you are well. It sets my mind at rest, for my feelings towards you are the same as ever. I don’t say they are those of love, for I don’t know myself; I don’t know what such feelings are. But I feel a real affection for you which may well turn to love. How should I not hold in affectionate remembrance one who has done everything for me? But love does not come to order. So I can’t and don’t wish to give any positive answer about our marriage — all depends on circumstances. I don’t want any promise from you, I want you to be as free as I am. I am not fickle, you know me well enough for that. So don’t ask me to give you any promise. You may find my letter a little cold. But I know too much of life to pledge myself lightly. I assure you I think on it often. Sometimes I blush when I think what marriage means.

Madame Boyer, displeased at the theft, had let her lover go without any great reluctance. No sooner had he gone than she began to miss him. Life seemed dull without him. Mother and daughter were united at least in their common regret at the absence of the young bookseller.

To vary the monotony of existence, to find if possible a husband for her daughter, Madame Boyer decided to leave Montpellier for Marseilles, and there start some kind of business. The daughter, who foresaw greater amusement and pleasure in the life of a large city, assented willingly. On October 6, 1876, they arrived at Marseilles, and soon after Madame bought at a price considerably higher than their value, two shops adjoining one another in the Rue de la Republique. One was a cheese shop, the other a milliner’s.

The mother arranged that she should look after the cheese shop, while her daughter presided over the milliner’s. The two shops were next door to one another. Behind the milliner’s was a drawing-room, behind the cheese shop a kitchen; these two rooms communicated with each other by a large dark room at the back of the building. In the kitchen was a trap-door leading to a cellar. The two women shared a bedroom in an adjoining house.

Vitalis had opposed the scheme of his mistress to start shop-keeping in Marseilles. He knew how unfitted she was to undertake a business of any kind. But neither mother nor daughter would relinquish the plan. It remained therefore to make the best of it.

Vitalis saw that he must get the business into his own hands; and to do that, to obtain full control of Madame Boyer’s affairs, he must continue to play the lover to her. To the satisfaction of the two women, he announced his intention of coming to Marseilles in the New Year of 1877. It was arranged that he should pass as a nephew of Madame Boyer, the cousin of Marie. He arrived at Marseilles on January 1, and received a cordial welcome.

Of the domestic arrangements that ensued, it is sufficient to say that they were calculated to whet the jealousy and inflame the hatred that Marie felt towards her mother, who now persisted as before in parading before her daughter the intimacy of her relations with Vitalis.

In these circumstances Vitalis succeeded in extracting from his mistress a power of attorney, giving him authority to deal with her affairs and sell the two businesses, which were turning out unprofitable. This done, he told Marie, whose growing attachment to him, strange as it may seem, had turned to love, that now at last they could be free. He would sell the two shops, and with the money released by the sale they could go away together.

Suddenly Madame Boyer fell ill, and was confined to her bed. Left to themselves, the growing passion of Marie Boyer for Vitalis culminated in her surrender. But for the sick mother the happiness of the lovers was complete. If only her illness were more serious, more likely to be fatal in its result! “If only God would take her!” said Vitalis. “Yes,” replied her daughter, “she has caused us so much suffering!”

To Madame Boyer her illness had brought hours of torment, and at last remorse.

She realised the duplicity of her lover, she knew that he meant to desert her for her daughter, she saw what wrong she had done that daughter, she suspected even that Marie and Vitalis were poisoning her. Irreligious till now, her thoughts turned to religion. As soon as she could leave her bed she would go to Mass and make atonement for her sin; she would recover her power of attorney, get rid of Vitalis for good and all, and send her daughter back to a convent.

But it was too late. Nemesis was swift to overtake the hapless woman. Try as he might, Vitalis had found it impossible to sell the shops at anything but a worthless figure. He had no money of his own, with which to take Marie away. He knew that her mother had resolved on his instant dismissal.

As soon as Madame Boyer was recovered sufficiently to leave her bed, she turned on her former lover, denounced his treachery, accused him of robbing and swindling her, and bade him go without delay.

To Vitalis dismissal meant ruin, to Marie it meant the loss of her lover. During her illness the two young people had wished Madame Boyer dead, but she had recovered. Providence or Nature having refused to assist Vitalis, he resolved to fall back on art. He gave up a whole night’s rest to the consideration of the question.

As a result of his deliberations he suggested to the girl of seventeen the murder of her mother. “This must end,” said Vitalis. “Yes, it must,” replied Marie. Vitalis asked her if she had any objection to such a crime. Marie hesitated, the victim was her mother. Vitalis reminded her what sort of a mother she had been to her. The girl said that she was terrified at the sight of blood; Vitalis promised that her mother should be strangled. At length Marie consented. That night on some slight pretext Madame Boyer broke out into violent reproaches against her daughter. She little knew that every reproach she uttered served only to harden in her daughter’s heart her unnatural resolve.

On the morning of March 19 Madame Boyer rose early to go to Mass.

Before she went out, she reminded Vitalis that this was his last day in her service, that when she returned she would expect to find him gone.

It was after seven when she left the house. The lovers had no time to lose; the deed must be done immediately on the mother’s return. They arranged that Vitalis should get rid of the shop-boy, and that, as soon as he had gone, Marie should shut and lock the front doors of the two shops.

At one o’clock Madame Boyer came back. She expressed her astonishment and disgust that Vitalis still lingered, and threatened to send for the police to turn him out. Vitalis told the shop-boy that he could go away for a few hours; they had some family affairs to settle. The boy departed. Madame Boyer, tired after her long morning in the town, was resting on a sofa in the sitting-room, at the back of the milliner’s shop. Vitalis entered the room, and after a few heated words, struck her a violent blow in the chest. She fell back on the sofa, calling to her daughter to come to her assistance. The daughter sought to drown her mother’s cries by banging the doors, and opening and shutting drawers. Vitalis, who was now trying to throttle his victim, called to Marie to shut the front doors of the two shops.

To do so Marie had to pass through the sitting-room, and was a witness to the unsuccessful efforts of Vitalis to strangle her mother. Having closed the doors, she retired into the milliner’s shop to await the issue. After a few moments her lover called to her for the large cheese knife; he had caught up a kitchen knife, but in his struggles it had slipped from his grasp. Quickly Marie fetched the knife and returned to the sitting-room.

There a desperate struggle was taking place between the man and woman. At one moment it seemed as if Madame Boyer would get the better of Vitalis, whom nature had not endowed greatly for work of this kind. Marie came to his aid. She kicked and beat her mother, until at last the wretched creature released her hold and sank back exhausted. With the cheese knife, which her daughter had fetched, Vitalis killed Madame Boyer.

They were murderers now, the young lovers. What to do with the body? The boy would be coming back soon. The cellar under the kitchen seemed the obvious place of concealment. With the help of a cord the body was lowered into the cellar, and Marie washed the floor of the sitting-room. The boy came back. He asked where Madame Boyer was. Vitalis told him that she was getting ready to return to Montpellier the same evening, and that he had arranged to go with her, but that he had no intention of doing so; he would accompany her to the station, he said, and then at the last moment, just as the train was starting, slip away and let her go on her journey alone. To the boy, who knew enough of the inner history of the household to enjoy the piquancy of the situation, such a trick seemed quite amusing. He went away picturing in his mind the scene at the railway station and its humorous possibilities.

At seven o’clock Vitalis and Marie Boyer were alone once more with the murdered woman. They had the whole night before them.

Vitalis had already considered the matter of the disposal of the body. He had bought a pick and spade. He intended to bury his former mistress in the soil under the cellar. After that had been done, he and Marie would sell the business for what it would fetch, and go to Brussels — an admirable plan, which two unforeseen circumstances defeated. The Rue de la Republique was built on a rock, blasted out for the purpose. The shop-boy had gone to the station that evening to enjoy the joke which, he believed, was to be played on his mistress.

When Vitalis tried to dig a grave into the ground beneath the cellar he realised the full horror of the disappointment. What was to be done? They must throw the body into the sea. But how to get it there?

The crime of Billoir, an old soldier, who the year before in Paris had killed his mistress in a fit of anger and cut up her body, was fresh in the recollection of Vitalis. The guilty couple decided to dismember the body of Madame Boyer and so disfigure her face as to render it unrecognisable. In the presence of Marie, Vitalis did this, and the two lovers set out at midnight to discover some place convenient for the reception of the remains. They found the harbour too busy for their purpose, and decided to wait until the morrow, when they would go farther afield. They returned home and retired for the night, occupying the bed in which Madame Boyer had slept the night before.

On the morning of the 20th the lovers rose early, and a curious neighbour, looking through the keyhole, saw them counting joyously money and valuables, as they took them from Madame Boyer’s cash-box. When the shop-boy arrived, he asked Vitalis for news of Madame Boyer. Vitalis told him that he had gone with her to the station, that she had taken the train to Montpellier, and that, in accordance with his plan, he had given her the slip just as the train was starting. This the boy knew to be false: he had been to the station himself to enjoy the fun, and had seen neither Vitalis nor Madame Boyer. He began to suspect some mystery.

In the evening, when the shops had been closed, and he had been sent about his business, he waited and watched. In a short time he saw Vitalis and Marie Boyer leave the house, the former dragging a hand-cart containing two large parcels, while Marie walked by his side. They travelled some distance with their burden, leaving the city behind them, hoping to find some deserted spot along the coast where they could conceal the evidence of their crime. Their nerves were shaken by meeting with a custom-house officer, who asked them what it was they had in the cart. Vitalis answered that it was a traveller’s luggage, and the officer let them pass on. But soon after, afraid to risk another such experience, the guilty couple turned out the parcels into a ditch, covered them with stones and sand, and hurried home.

The next day, the shop-boy and the inquisitive neighbour having consulted together, went to the Commissary of Police and told him of the mysterious disappearance of Madame Boyer. The Commissary promised to investigate the matter, and had just dismissed his informants when word was brought to him of the discovery, in a ditch outside Marseilles, of two parcels containing human remains. He called back the boy and took him to view the body at the Morgue. The boy was able, by the clothes, to identify the body as that of his late mistress.

The Commissary went straight to the shops in the Rue de la Republique, where he found the young lovers preparing for flight. At first they denied all knowledge of the crime, and said that Madame Boyer had gone to Montpellier. They were arrested, and it was not long before they both confessed their guilt to the examining magistrate.

Vitalis and Marie Boyer were tried before the Assize Court at Aix on July 2, 1877. Vitalis is described as mean and insignificant in appearance, thin, round-backed, of a bilious complexion; Marie Boyer as a pretty, dark girl, her features cold in expression, dainty and elegant. At her trial she seemed to be still so greatly under the influence of Vitalis that during her interrogatory the President sent him out of court. To the examining magistrate Marie Boyer, in describing her mother’s murder, had written, “I cannot think how I came to take part in it. I, who wouldn’t have stayed in the presence of a corpse for all the money in the world.”

Vitalis was condemned to death, and was executed on August 17. He died fearful and penitent, acknowledging his miserable career to be a warning to misguided youth. Extenuating circumstances were accorded to Marie Boyer, and she was sentenced to penal servitude for life. Her conduct in prison was so repentant and exemplary that she was released in 1892.

M. [Louis] Proal, a distinguished French judge, and the author of some important works on crime, acted as the examining magistrate in the case of Vitalis and Marie Boyer. He thus sums up his impression of the two criminals:

Here is an instance of how greed and baseness on the one side, lust and jealousy on the other, bring about by degrees a change in the characters of criminals, and, after some hesitation, the suggestion and accomplishment of parricide, Is it necessary to seek an explanation of the crime in any psychic abnormality which is negatived to all appearances by the antecedents of the guilty pair? Is it necessary to ask it of anatomy or physiology? Is not the crime the result of moral degradation gradually asserting itself in two individuals, whose moral and intellectual faculties are the same as those of other men, but who fall, step by step, into vice and crime? It is by a succession of wrongful acts that a man first reaches the frontier of crime and then at length crosses it.

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1883: Ah Yung

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

On this day in 1883, Chinese immigrant Ah Yung, aka Ah Kee, was hanged in Missoula, Montana.

As Tom D. Donovan notes in his book Hanging Around The Big Sky: The Unofficial Guide to Lynching, Strangling and Legal Hangings of Montana, his execution had three distinctions:

  • The first (of nine) legal executions in Missoula County;
  • The first Chinese person hanged in Montana;
  • The quickest reported hanging, with death declared in only a minute and a half.

Ah Yung was condemned for the January 29, 1883 murder of Chung Yu, the paymaster of the Wing See Company.

However, the authorities believed his murder was the least of Ah’s crimes; he was suspected of killing no fewer than seventeen people, two whites and fifteen Chinese.

Ah Yung shot and killed Chung Yu and wounded another man during a botched robbery, then fled the scene. The authorities offered a $400 reward for his arrest, and he was captured a month after the murder at Frenchtown, Montana. But, as Donovan records, “because of some bizarre reason, there was a question whether or not the reward was going to be paid for his captor released the prisoner.”

Fortunately, the murderer remained free for only a few days and didn’t have the opportunity to commit any more crimes before he was captured again, and this time sent to jail in the newly incorporated city of Missoula.

Chinese immigrants, especially drawn by gold strikes,* were a sizable constituent in frontier Montana as throughout the American West. A Montana travelogue in the Nov. 25, 1882 Utah Salt Lake Tribune

“Gangs of Chinamen clearing away the forest and underbrush … laboring with pick, shovel and wheelbarrow.” This was the Northern Pacific then under frenetic construction through forbidding Rocky Mountain terrain in subzero temperatures. In Missoula itself, “Celestials” were “numerous enough to form a Chinese quarter. They have an eye to business, and where you find a live, busy camp or town in this remote region, there, too, you find the inevitable Chinaman.”

A Presbyterian minister and a Catholic priest attempted to offer pastoral counsel to the condemned man, only to discover that he was utterly ignorant of religion. Pressed to confess, Ah Yung refused and kept repeating, “Me no kill him,” — a statement he held to his dying moments.

* Welcomed initially, the Chinese were an increasingly contentious presence in Montana (and elsewhere) in the 1880s. Still, there were over a hundred independent Chinese mining operations known in Montana at this time.

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1714: Constantine Brancoveanu and his sons

Three centuries ago today, Wallachian prince Constantine Brancoveanu was beheaded in Istanbul with his four sons.

Brancoveanu (English Wikipedia entry | Romanian) had fallen foul of the Sublime Porte, which dominated Wallachia, by dallying with the Ottomans’ European rivals, the Habsburgs and the Russians.

During the then-current installment the oft-renewed Russo-Turkish War derby, he actually massed armies for a potential swing all the way to the anti-Ottoman team. Breaking those up and returning Peter the Great’s gifts after the Russian clock got cleaned did not a tribute of loyalty make in the eyes of Turkey.

Not only Contantine but his entirely family — wife, four sons, and six daughters — were carried thereafter to Istanbul prisons. On the Feast Day of the Blessed Virgin, in the presence of the Sultan himself and of Christian diplomats who would be sure to put the word out, his four sons Constantine, Stefan, Radu and Matei were beheaded in his presence, as was the Wallachian treasurer Enache Vacarescu. The 60-year-old prince exhorted them as they endured their martyrdoms to remain steadfast, until at last he too lost his head. (Istanbul Christians managed to give the bodies honorable burials after fishing them out of the Bosphorus. The remains were later translated to Bucharest.*)

Most of the web sites about Branacoveanu and family are in Romanian; he was in his quarter-century reign a great cultural patron. The first Romanian Bible was completed in his time, and he undertook a great building program whose distinctive architectural stile still bears his name — Brancovenesc.

The Romanian Orthodox church conferred upon the martyred family the laurels of sainthood in 1992, a fine time to honor Romanian independence from foreign domination although of course by that time the Ottomans were yesteryear’s news and the outside heavy in question was the Russians.


Brancoveanu and his sons, from a mural at a monastery Brancoveanu founded.

Constantine also has a full panoply of secular miscellany in his honor: roads, statues, ballads, a metro station named after him, and so forth.

* At least, the alleged remains; it is well not to turn a forensic lens on saintly relics, and when Brancoveanu’s tomb was opened at the bicentennial of his death the skeleton therein appeared by the state of its teeth to be that of a man half Brancoveanu’s age. (Source)

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1793: Walter Clark, hanged women’s father

On this date in 1793, Walter Clark was executed for burglary at Morpeth, with one Margaret Dunn. Clark rates a mention in the spirit of the apple not falling far from the tree: a year before Clark’s conviction and hanging, his two daughters Jane and Eleanor had suffered the same fate with William Winters for a murder committed just up the road from Morpeth.

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1864: Barney Gibbons, chance recognition

One hundred fifty years ago today, Barney Gibbons was executed by musketry by the Civil War Union army in St. Louis, Missouri.

Gibbons was among the many soldiers in that chaotic war who in the time before identity cards and omnipresent databases deserted the respective armies at their convenience. Whatever the fulminations of the right-thinking against such behavior, only a slight risk of capture and exemplary punishment attended such an act.

Gibbons’ own slip into the statistically improbable might be the slightest imaginable risk of them all.

The New York native was enlisted in the Seventh Infantry Regiment when it was sent at the outset of hostilities to the New Mexico theater of the war; there he slipped away from the march one day and re-enlisted in the Confederate army, serving against his former comrades in several battles — notably Glorieta Pass.

Then Gibbons deserted the Confederate army as well, turned up as a teamster in New Orleans, and eventually made his way to St. Louis.

And that was that, or at least it often would have been. By 1864, who could bother to search out an obscure private fallen off the march three years before?

One summer’s day in 1864, however, a former 7th Infantry sergeant named Richard Day chanced to pass Barney Gibbons on the street and somehow recognized him. “He has a cut upon his lip, and a peculiar manner of walking,” Day would later insist at the court-martial. “Capt. Jones of our company was always at him because he never could walk like a soldier, he would throw his head forward and his arms to the rear. He always walked with his hands open and fingers apart even when he had gloves on.”

Now, despite the certitude of our verbiage so far, the fact of the matter is that “Gibbons” denied all this all the way to the stake — and there were no better forensics on offer than Day’s personal recollection. That was pretty much state of the art, even if we now know that eyewitnesses are highly error-prone.

We pick up Gibbons’s horrifying last moments (following Catholic baptism) via the New York Times correspondent, as reprinted by the Cleveland Plain Dealer on August 23, 1864:

Although there is not at the post of St. Louis an officer who ever witnessed an execution, the preliminaries were conducted in a skillful, orderly and decent manner. — All the troops of the post were in attendance, and a hollow square having been formed with one side open toward the embankment of the for, the condemned man was placed beside a post, with a seat attached, his common pine coffin lying on the ground beside him. After making a brief statement, in which he denied having deserted, but said that he straggled and was overtaken by the rebels, he pronounced his sentence most unjust …

He was seated, and his arms tied behind the post, a white cap was drawn over his face, and six musketeers drawn up within fifteen feet of his breast. The command was given:

“Make ready.”

“Aim.”

“Fire” and two bullets entered the abdomen. And now succeeded a few seconds in which transpired a scene which shook the stoutest heart, and made every human creature present shudder. From beneath the ghastly cap came a wail of agony which pierced every ear, and as the utterance “Oh! oh! too low,” escaped from the lips of the quivering form writhing in the throes of a horrible death, every one seemed paralyzed with horror. With a quick motion the officer of the squad waved the six muskets aside and four others took their place. “Make ready.” “Aim” — but mercifully before the third command was given, the four pieces were discharged, three leaden messengers of death entering the sternum, and a mighty convulsive shudder ended the being of the poor deserter. What an eternity of woe in those intervening few seconds! What a crowding of events from infancy, hallowed by a mother’s love and prayers to the dreadful details of the present scene! Yet, all passed before the mind’s eye of the dying man, and the wonderful palimpsest of his brain touched by the consciousness of instant death, gave him to see in a second all that had been for years forgotten, ere he entered upon the unknown.

The error in firing arose from the fact, discovered too late for remedy, that the sights of the muskets were set for long range.

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1912: Sing Sing’s seven successive sparks

New York’s electric chair handled record traffic on this date in 1912: seven successive electrocutions.

The first two men committed unrelated and isolated crimes.

  • John Collins got drunk and started firing a pistol in his Manhattan apartment. Police responded, and Collins shot a patrolman through the chest when they entered his domicile and tried to arrest him.
  • Joseph Ferrone, a violent wife-murderer who reacted to his guilty verdict by smashing a glass and slashing a juror with the jagged edge before he was restrained.

The last five were the culmination of another record: six people (these were nos. two through six) executed for one homicide. More specifically, and this was their newspaper billing, “Six Italians”.

Ringleader Lorenzo Cali

Lorenzo Cali, Santo Zanza, Vincenzo Cona, Salvatore DeMarco, Angelo Giusto and Filippo DeMarco were all Sicilians who were among the million-plus emigres to leave the island in the wake of the devastating 1908 Messina earthquake, had washed up at Croton Lake outside of New York working on the aqueducts that supplied that swelling metropolis with its fresh water.

It was backbreaking work at less than $2 a day, with tent barracks for recuperation because it was a prohibitive two-hour train ride back to the last stop on the New York subway.

In 1911, Cali caught wind of the passing of a nearby farm owner — Henry J. Griffin, whose comfortable home (usually occupied by boarders from the aqueduct’s managerial ranks) must have looked a fair sight from the muddy workers’ tents. It was said that he had left his wife not only that property but a $3,000 insurance policy. That would be a good four times the average annual earnings of a workingman at the time: had that policy been cashed out, grabbing the proceeds would be a better day’s labor by far than tending the aqueduct.

On the night of November 8-9 of that year, our Six Italians — led by Cali, who had made a point of casing the house over the preceding weeks — stole by moonlight into the woods near the house and waited for the male residents to leave for the day. Once they did, the Italians raided the farm.

Though they easily overpowered the three women left there, they didn’t find any $3,000. One of the women, Mary Hall, the young wife of an aqueduct superintendent, lost her composure in the face of the bandits screaming at her to produce more money; desperate to control her sobbing and shrieking, Santo Zanza stabbed her fatally in the chest.

But as the men fled the house with pennies on their hoped-for fortune and a dying woman at their back, the other two matrons of the house summoned police — Aqueduct Police, actually, a special force detailed to keep order in the unruly laborers’ shanties. Four of the men were arrested in the vicinity that afternoon; Cali, the ringleader, made it back to his Brooklyn tenement but was caught there two days after the murder. Only Salvatore DeMarco, known to his confederates as “Penolo”, remained on the lam.

A speedy succession of four different trials (Filippo DeMarco and Cali opted to be tried together) commenced at the Westchester County courthouse in White Plains before the month was out. Heavy guard (“Black Hand” notes kept arriving at the judge’s door; for fear of a possible rescue attempt by underworld characters, Italians were barred from attending the trial) did not in the least encumber their rapidity.

Angelo Giusto had implicated Santo Zanza as the killer (“the confession was wrung from the prisoner by up-to-date third-degree methods,” a newspaper reported) and a cycle of desperately competing confessions and accusations ensued among the lot to easily doom them all. The general thrust of the non-Zanza defendants was that the whole thing was a robbery only, and that Zanza had gone rogue in knifing Mary Hall to death. Even if true, however, those statements amounted to confessing capital crimes under felony murder rules imputing to all participants in the criminal enterprise joint liability for all its consequences. There was one death by one man’s hand, but all six were murderers.

Twenty-six days after Mary Hall’s death, all five Italians stood together in the courtroom to receive their death sentences. The trials had taken just a few hours apiece; jury deliberations consumed less than a quarter-hour for all cases save that of the youngest, Giusto.


New York Times headlines from November 29 (left) and December 6 of 1911. “Less than thirty hours’ actual court time was used in the four trials,” the latter article reported by way of high-fiving the state’s attorneys. “It is believed that Westchester has established a new record for the quick disposal of murder cases in this State.”

Two days after that, the last fugitive Salvatore DeMarco was finally arrested at his East Flatbush apartment. He was tried, convicted, and condemned all in a single day on December 19.

As the short appeals process unfolded over the ensuing months, public pressure for mercy was exerted by the Italian consulate specifically on behalf of the men who had not bloodied their own hands. Even Santo Zanza, who was executed separately from the rest on July 12, climbed aboard, and gave statements designed to accentuate his own culpability and underscore his fellows’ innocence of his design. But considering the sensational nature of the crime, and its context of growing public fear of violent crime rife among New York’s Italian immigrants, this was not one to recommend itself to the governor‘s clemency.

There is a detailed Crime Library summation of this case that begins here; note that most of its navigation links insert a gratuitous (and link-breaking) space after the phrase /croton in the web address; clicking through the 15-page story requires some annoying manual url manipulation.

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