2006: Derrick O’Brien, for murdering Jennifer Ertman and Elizabeth Pena

Ten years ago today, Texas executed Derrick O’Brien for an infamous Houston gangland crime — the rape-murder of Jennifert Ertman and Elizabeth Pena.

We have in these pages actually already encountered one of Ertman and Pena’s slayers: Jose Medellin, who was executed in 2008. That case was notable for the litigation resulting from Texas’s failure to comply with the Vienna Convention by notifying the Mexican consulate of Medellin’s arrest — and the Medellin post focuses on that issue. This post turns instead to the crime itself.

On June 24, 1993, Ertman and Pena — 14- and 16-year-old Waltrip High School students desperate to beat curfew — took a late-night shortcut along a railroad skirting the White Oak Bayou.

At a railroad trestle in T.C. Jester Park, just moments from home, they encountered our man Derrick O’Brien, Jose Medellin, and four other young men toasting a gang initiation. The six fell on the vulnerable girls and raped both, then strangled them with shoelaces.

Even for a city as large as Houston, it was a shattering crime that still haunts the lost girls’ friends and neighbors.


Memorial to Ertman and Pena in T.C. Jester Park. (cc) image by Pepper Hastings.

Politically, it thrust gangs to the front of the agenda for Houston pols. The girls’ kin* also fought successfully to adjust Texas Department of Criminal Justice procedure in order to permit victims’ family members to witness executions, an innovation that is now widely used throughout the U.S.

O’Brien, barely 18 when he took part in the murder, turned up in the crowd gawking at the crime scene when it was first discovered, and some video footage chances to catch him smiling and laughing. He would eventually be the first person put to death for the Ertman-Pena murder.

Besides O’Brien and Medellin, the gang leader Peter Anthony Cantu was also executed for this murder. Efrain Perez and Raul Villareal, both 17 years old at the time of the attack, were condemned to death initially but had their sentences commuted after the U.S. Supreme Court barred the execution of juvenile offenders. Fourteen-year-old Venancio Medellin — Jose’s brother — caught a 40-year sentence that he’s still serving.

* Notably, Jennifer Ertman’s father Randy became an outspoken crime victim advocate until he succumbed to cancer in 2014.

On this day..

1535: Jacob van Campen, Amsterdam Anabaptist

On this date in 1535, the Amsterdam Anabaptist leader Jacob van Campen* was mutilated, beheaded, and consigned to flames.

He’s an oddly little-known figure considering his stature in the movement — an anomaly the Global Anabaptist Mennonite Encyclopedia Online attributes to van Campen’s radical affiliations during the time when Anabaptists’ rebellion at Muenster sent the movement into the wilderness. But in Amsterdam in 1535, the cloth shearer was a leader of some 3,000 adherents to the new heresy.

There had been a price on his head since at least May of 1534, so absent a Joris-esque disappearance his capture was probably just a matter of time.

Once in his enemies’ power, van Campen’s person was used to stage a particularly elaborate execution spectacle. According to Drama, Performance and Debate: Theatre and Public Opinion in the Early Modern Period, van Campen

was sentenced to be publicly exposed on a scaffold on the Dam Square wearing a tin mitre with an imprint of the city’s coat of arms. After having been exposed as a mock bishop for one hour or more, his tongue, which he had used to deceive people, was cut out, and his right hand, which he had used to re-baptise was chopped off. He was decapitated and burnt. His head with mitre and his hand were exhibited on the Haarlemmerpoort.


Seated on a platform, the scorned Jacob van Campen endures his tortures while the flame that will soon consume his remains awaits him. Via the Rijksmuseum.

* Not to be confused with the Dutch painter Jacob van Campen.

On this day..

1858: Isaac Wood

From the Livingston Republican of July 1858, by way of Murderpedia:

On this day..

1617: Eleonora Galigai, Marie de’ Medici favorite

On this date in 1617, Italian noblewoman Eleonora Galigai was beheaded in Paris for witchcraft.

Continuing the French crown’s glorious tradition of importing dubious Italians in the train of a Medici, Eleonora (also known as Leonora or Dianora) shipped over from Tuscany with her mistress Marie de’ Medici when the latter was dynastically married off to Henri IV. Like many in its time it was a marriage of convenience: Henri brought the kingdom — and Marie the money.


Detail view (click for the full panoramic panel) of Peter Paul Rubens‘s Coronation of Marie de’ Medici in [the Basilica of] St. Denis, part of a cycle of Marie de’ Medici paintings Rubens produced on the queen’s commission beginning in 1622.

The coronation depicted above occurred on May 13, 1610 after ten quarrelsome years of marriage, and it was noteworthy timing (some thought suspicious timing) because her husband was assassinated the very next day, leaving Marie to rule France in the stead of her eight-year-old firsborn Louis XIII.

To the boundless irritation of France’s native optimates, the import queen now bestowed an incommensurate favor on her own people, and were the French nobility to draw up their bill of particulars for us the very first name might be Eleonora Galigai’s husband.

This character, Concino Concini by name, was the quick-witted son of a Florentine notary who had hustled his way into that same nuptial entourage. Marrying Eleonora, who was one of Marie’s favorites, put him squarely in the limelight among the regal expats; indeed it was he who had the honor of informing Marie of her late husband’s murder with the cold words “L’hanno ammazzato”: they killed him.

Now (runs an English traveler’s epistle), Marie’s “Countenance came to shine so strongly upon him, that he became her only Confident and Favourite, insomuch that she made him Marquis of Ancre, one of the twelve Mareschals of France, Governor of Normandy; and conferr’d divers other Honours and Offices of Trust upon him.” He lived with his wife in splendor at the Louvre, both of them in the constant orbit of the queen whom they dominated.

Haughty, insolent, low-born, foreign, and possibly complicit in regicide, D’Ancre was widely loathed in France; certainly he had few greater enemies than the growing young king, who would already have been disposed to chafe under his mother’s regency. In Louis’s eyes, this adventurer-marquis was both emblem of his mother’s misrule and (as Marshal of France) a substantive roadblock to his own power.

At last in 1617 — not yet 15 years of age — Louis seized his own realm* by having D’Ancre ambushed crossing in front of the Louvre and murdered by palace guards. Afterwards, a crowd long hostile to the noxious favorite brutally vented its rage on his naked corpse, gleefully shouting at Eleonora those words Concino had made so notorious: l’hanno ammazzato! They were really baying for her blood, too.

And they got it.

With France in hand and public opinion at his back — “I cannot represent to the king one thousandth part of joy of all these people who are exalting him to heaven for having delivered the earth from this miserable burden,” one toady reported; “I can’t tell you in what execration this public pest was held” — Louis’s party began purging the remaining dregs of his mother’s regency.** They soon shut up Eleonora in the Bastille, and had her charged as a sorceress.

* This coup was naturally big news in England as well; there’s evidence of a now-lost play about it within weeks of D’Ancre’s murder.

** The eminence grise himself, Cardinal Richelieu, first attained the summit of the state as a loyal aide to Marie and Concino. Briefly banished from Paris in the wake of Louis’s coup, Richelieu bided his time and won his way back into the confidence of the young king with whom he was to become so closely identified.

On this day..

2010: Wen Qiang, prey of Bo Xilai

On this date in 2010, Chongqing politician Wen Qiang was executed for corruption — but the rival who felled him was on the brink of his own destruction.

Wen, the longtime Public Security Bureau chief in the southwestern city of Chongking, was a big dog to most. To Bo Xilai, Wen looked more like trophy game.

Son of an “immortal” Communist pol Bo Yibo, the aggressive and charismatic Politburo member Bo was then an ascending star on the national stage.

In 2007, Bo won the Communist Party’s appointment as party chief of Chongqing — effectively giving him control of the city. From this platform, Bo launched a high-profile crackdown on graft and organized crime rife in the 30 million-strong megacity.

During a campaign from roughly 2009 to Bo’s own fall in 2012, some 9,000 people were investigated for corruption, and nearly half of them jailed … or in Wen’s case, worse.

“Dare to fight against the devil, never compromise with the gangs”: Bo’s act resonated powerfully in a country fractured by economic development and widely afflicted by beak-wetting. But Bo’s political angle was not merely playing to the peanut gallery: it was also a factional power play, implicitly critical of his similarly powerful predecessor Wang Yang for having tolerated the mobsters’ rise.

And Wen Qiang, a holdover from even before the Wang years, was Bo’s highest-ranking prey.

Xinhua reported that he was found guilty of soliciting USD $1.7 million worth of bribes, of protecting criminals like his sister-in-law who happened to be the “godmother” of crime in Chongqing, and even of raping a university student. Media circulated salacious stories of buried sacks of cash, mistresses collected and discarded, and secret luxury villas.

In these years, Bo went from victory to vctory and destroying Wen was just another stepping-stone towards the top leadership circles in the People’s Republic.

But merely 16 months after Wen faced his executioner, Bo’s own star also dramatically fell to earth.

In November 2011, British businessman and Bo associate Neil Haywood was found suspiciously poisoned in his Chongqing hotel. Practically overnight, Bo Xilai found himself the target instead of the author of the investigation — politically stricken as all his own chickens came home to roost.

An incredible sequence of events ensued: Bo’s chief of police (and Wen’s own Javert) Wang Lijun bizarrely fled to the (temporary) sanctuary of an American consulate the following February, days after Bo demoted him — apparently citing fear that Bo might have him, too, murdered.

Within weeks, Bo had been sacked as Chongqing party boss and dismissed from the Politburo while his wife Gu Kailai arrested for Neil Heywood’s murder. Wang was arrested when he left the American consulate. Politically impotent now, Bo had months to wait before his own divisive case finally came to a courtroom resolution in 2013. As of this writing, Wang and Bo and Gu are all serving long prison sentences. (Gu’s was a suspended death sentence recently commuted to life imprisonment.)

Through Bo’s precipitous fall, Bo’s own patron Zhou Yongkang was also ruined, forced out of national leadership, and eventually sent to prison on corruption charges of his own.

Bo’s disgrace has brought a re-examination of his rough rule in Chongqing — though many targets of his bygone anti-corruption drive still languish in prison, vainly protesting their innocence.

Though he is no longer around to protest on his own behalf, and there appears to be little sentiment that he was clear of corruption in an absolute sense, Wen has also been re-evaluated in light of those events — including indications that the most incendiary allegations against him might have been ginned up for show:

police buried the bundles of cash, carefully wrapped in waterproof paper, in the morning and then dug them up in front of the cameras that afternoon.

Another key piece of evidence used to convict Wen — two luxury villas worth more than 30 million yuan that Wen allegedly owned — has also been questioned.

A former senior police officer in Chongqing who was close to Wen insisted he was the real owner of the villas, where Wen allegedly kept mistresses and which were later turned into destinations for “anti-graft education” tours.

The (possibly apocryphal) story has it than in a prison meeting, the doomed Wen prophesied Danton-like to his persecutor Wang, “You’ll meet the same fate as me.”

There are affecting interviews with Wen’s wife and son, and even a reporter’s conversation with Wen during the very last hours of his life, all here.

On this day..

1962: Roger Degueldre, OAS commando

Thanks to Thomas Kanyak of @ModernConflict for the guest post. -ed.

On this date in 1962, Organisation Armee Secrete (OAS) Delta commando leader Roger Degueldre was executed by firing squad at Fort d’Ivry, near Paris, France.

Degueldre, 37 years old at his death, was one of only three OAS men executed by France for the terrorist excesses in the end game of the Algerian War in 1961 and 1962. Fittingly, that conflict wrenched to a conclusion five days before Degueldre’s death by musketry, with a referendum confirming Algeria’s independence from France. After the January 1960 “Barricades Week” revolt failed, Degueldre swore he “took an oath to keep Algeria French. As far as I’m concerned the oath will be kept. I’ll go to the limit.” He certainly did.

Like many men who joined the French Foreign Legion, Degueldre was the product of a murky past: either a Belgian who joined the SS Wallonie and fought on the Russian front, or a Frenchmen who served in the Resistance in occupied France.

What is known is, he joined the regular Army towards the end of the war, and then enlisted in the Foreign Legion under a nom de guerre. He served in Indochina and was wounded at Dien Bien Phu. In Algeria, he assumed his real name. After being suspected of taking part in the December 1960 riots during President de Gaulle’s visit to Algeria, Degueldre deserted from 1er REP, the French Foreign Legion parachute Regiment, in early 1961. The French Army, after crumpling against Germany, losing in Indochina and being humiliated at Suez, was determined to make a stand in Algeria. But the army’s resolve proved to greatly exceed the nation’s.

As France’s commitment to the fight against the Moslem rebel FLN began to crack, the army’s simmering resentment turned into open revolt, culminating in the failed Generals Putsch of April 1961 and the formation of the Secret Army Organization (Organisation Armee Secrete or OAS) that spring. It was comprised of disaffected soldiers and pieds noirs (black feet, a nickname for the European population of Algeria).

The OAS was structured in early May 1961, and Degueldre was assigned to the Organisation-Renseignement-Operation (ORO) section which was responsible for most of the OAS terrorist violence.

Degueldre’s OAS codename was Delta, and his commandos within the ORO became known as the “Deltas”; they carried out the majority of operation punctuelle (assassinations) from the failed Putsch to Algerian Independence in July 1962.

In Algiers, betrayed, Degueldre was identified slipping away from a OAS meeting in Algiers and arrested by French authorities on 7 April 1962.

“At Caserne des Tagarins, gendarmes toasted Degueldre’s arrest with champagne. They were very relieved. The Captain in charge approached the long, grim, sun baked figure and offered to wager a case of champagne that French Algeria would no longer exist within a few months.

“I won’t be here in a few months to drink it” Degueldre replied simply.

Degueldre went on trial on 27 June at Fort de Vincennes in Paris. After legal maneuvers to unseat a second judge (the first judge resigned, and committed suicide two days after the trial), Degueldre went essentially undefended, refusing to answer questions. After providing no defence witnesses, and hearing the testimony of four prosecution witnesses, Degueldre was convicted by the military court of ten murders and sentenced to death. Upon hearing the verdict, Degueldre smiled.

In Fresnes Prison after the conviction, fellow prisoners discussed going on hunger strike in protest of the death sentence meted out to Degueldre. When Degueldre was informed of the plans for the strike, he curtly replied “there’ll be no strike for me.”

On 6 July 1962, Degueldre was driven to Fort d’Ivry Prison outside of Paris where the sentence would be carried out. An 11-man firing squad delivered a volley of shots, the captain in charge administered the traditional coup de grace, and it was over (there are several versions of the fusille hier matin au Fort d’Ivry; one had it that only one shot of 11 hit Degueldre, and the Captain had to empty his revolver into him). The man described by Jean-Jacques Susini, an OAS leader, as “a magnificent revolutionary” had pour l’honneur de la parole donnee: he kept his oath.

On 23 November 1961, French President Charles de Gaulle delivered a speech to 2,000 assembled military personnel in Strasbourg. This “Lost Soldiers” Speech sought to quell discontent in the Army over the direction of French policy in Algeria after eight years of war.

it’s an illusion to think one can make things be what one desires and the contrary of what they are … at that moment when the state and the nation have chosen the way, military duty is traced out once and for all … outside these limits there can be — there are only — lost soldiers.


Sources:

Wolves in the City, the death of French Algeria by Paul Henissart

A Savage War of Peace: Algeria 1954-1962 by Alistar Horne

Various New York Times articles

@claireparisjazz twitter account

On this day..

1453: The garrison of Poucques, Jacques de Lalaing’s cannonball killers

On or about this date* in 1453, the Burgundians captured the fortress of Poucques (Poeke) during the revolt of Ghent, and put its entire garrison to summary death.

It was merely one of the appetizers the Burgundians had to chew off en route to devouring the main course at the Battle of Gavere, where the revolt was decisively crushed.**

While the battle itself was a footnote — sorry, slaughtered garrison! — it’s remembered for claiming the life of the Burgundian lord Jacques de Lalaing (English Wikipedia entry | French) — the Michael Jordan of 15th century tournament combat, “le chevalier sans reproche.”

About 32 at his death, the “Bon Chevalier” was a member of the prestigious (and still-extant) Order of the Golden Fleece on the strength of a remarkable 1440s ramble around European where he would theatrically stage combats with local knights and never fail to win them. Celebrity and emoluments followed in their turn.

“Above all else, he knew the business of arms,” sighs a chronicle detailing his feats, and on its evidence it would be difficult to disagree.

He achieved his fame besting great champions in Aragon, Castile, Scotland, and Flanders, then set up a pas d’armes — the Monty Python-esque open challenge/invitation to battle all comers who dared him at a set location. In Jacques’s case the challenge lasted a full year at a statue of a weeping woman from which our pugilist derived the brand the Passage of the Fountain of Tears.

These were not intended to be fatal bouts but they featured expert fighters with real weapons so life and limb certainly stood in peril; occasionally our protagonist even deliberately courted danger by suiting up in only partial armor. Some challengers managed to emerge with a satisfying draw, but none could defeat him. At his last tournament in 1452, he even jousted the young future Duke of Burgundy, Charles the Bold. (There’s an enjoyable detailed recap of Jacques’s career here.)

As this warrior par excellence was simultaneously noted for the perfection of his outside-of-armor knightly conduct — fidelity, generosity, piety, swooning ladies — Jacques de Lalaing had a fair claim on his contemporaries’ admiration as the very apex of the age of chivalry.

And his own fate poignantly embodied that of his era.

Studying the Burgundian court to which our Walloon nobleman adhered when not doing his gladiator road show, Dutch historian Johan Huizinga reckoned this 15th century the “autumn of the middle ages” — a decadence flowering in decay.

“This hero-worship of the declining Middle Ages finds its literary expression in the biography of the perfect knight,” Huizinga wrote — like our Jacques de Lalaing, “that anachronistic knight-errant” of “fantastic and useless projects.”

The realities of court life or a military career offered too little opportunity for the fine make-belief of heroism and love, which filled the soul. So they had to be acted. The staging of the tournament, therefore, had to be that of romance; that is to say, the imaginary world of Arthur,† where the fancy of a fairy-tale was enhanced by the sentimentality of courtly love.

A Passage of Arms of the fifteenth century is based on a fictitious case of chivalrous adventure, connected with an artificial scene called by a romantic name, as, for instance, the Fountain of Tears or the Tree of Charlemagne. [the latter was another famous pas d’armes defended in 1443 by another Burgundian knight, Pierre de Bauffremont -ed.] … There is an unmistakable connection between these primitive forms of warlike and erotic sport and the children’s play of forfeits. One of the rules of the “Chapters” of the Fountain of Tears runs thus: he who, in a combat, is unhorsed, will during a year wear a gold bracelet, until he finds the lady who holds the key to it and who can free him, on condition that he shall serve her.

Jacques de Lalaing and his ritual delights came to a savage end at the siege of Poucques when he had the apt misfortune to be struck by a ball from a defending veuglaire. The romantic master of the lists thereby became one of the first European elites slain by a cannon: for a junction to modernity one could do a lot worse than this moment.‡

The untimely end of Jacques happens to have hit the news in recent months when the Getty Museum acquired a precious Renaissance manuscript illustration of the event by Simon Bening, never previously exhibited.

In this extraordinarily bright and detailed miniature, our courteous doomed glances upward at the citadel, forming a sharp compositional diagonal with the fatal cannonball speeding towards him … and the fiery plume belched by the chivalry-smashing device that has hurled it.


Detail view (click for the full image) of the Bening miniature.

* The precise date on which this minor siege concluded is elusive and perhaps ambiguous; I’m basing Executed Today‘s dating on the July 13, 1453 correspondence in this archive reporting that “Poucques est tombée en son pouvoir le 5 courant; qu’il a fait démanteler ce deux places fortes et livrer au dernier supplice leurs défenseurs.”

** Maybe so, but Ghent is still with us today whereas independent Burgundy would vanish within 30 years.

† The late 15th century also gives us the apotheosis of the Arthurian legend, Le Morte d’Arthur.

‡ Periodization fans should note that 1453 also marks the Ottoman capture of Constantinople.

On this day..

1741: Will, Ward’s Negro

(Thanks for today’s guest post to Daniel Horsmanden, the former judge whose account of hunting down a slave conspiracy in New York in 1741 has been so crucial to our running series on the affair. This entry is Horsmanden’s record (in full) for the events of July 4, 1741.)

The Jail being now throng’d with Negroes committed as Confederates in the Conspiracy, many whereof had made Confessions of their Guilt, in Hopes of Pardon in Consequence of the Proclamation, and others who were pardoned and turned Evidence; it was feared, considering the Season of the Year, that such Numbers closely confin’d might be apt to breed an Infection; therefore the Judges thought it was proper to examine the List of them, and to to mark out such as should be thought proper to recommend to his Honour the Lieutenant Governor, to be pardoned, upon Condition of Transportation to be therein limited by a short Time, and to distinguish which of them who had been made Use of as Witnesses, might be necessary to reserve for some Time; and for this Purpose they associated to them Mr. Nicholls and Mr. Lodge, by whose Assistance the following List was accordingly settled, which the Judges reported to his Honour, and submitted to his Consideration.

A List of Negroes recommended this Day by the Judges to his Honour the Lieutenant Governor, for Transportation.

Quamino, Pemberton’s.
Toby, Widow Breasted’s.
Willor Bill, Ten Eyck’s.
Warwick, Hunt’s.
Tom, Soumain’s.
Deptford, Cruger’s.
Will, Lush’s.
York, Peck’s.
Scipio, Van Borsom’s.
Guy, Horsefield’s.
Cato, Benson’s.
Tony, Widow Brazier’s
Scipio, Bound’s.
Caesar, Kortrecht’s.
Jack, Abrahamse’s.
Dundee. Todd’s.
Starling, Lawrence’s.
York, Crooke’s.
Bridgwater, Van Horn’s.
London, French’s.
Mars, Becker’s.
Primus, DeBrosse’s.
Jacob, Rutger’s.
Mink, Groesbeck’s.
Titus, Phaenix’s.
Lewis, Schuyler’s.
Jonneau, Vaarck’s.
Scotland, Marston’s.
Worcester, Varian’s.
Jamaica, Ellison’s.
Patrick, English’s.
Scipio, Abrahamse’s.
Fortune, Clarkson’s.
Caesar, Pintard’s.
Fortune, Wilkins’s.
Tom, Moore’s.
Pompey, Lefferts’s.
London, Marschalk’s.
Wan, Low’s.
Will, Vaarck’s.
Fortune, Latham’s.
Sarah, Burk’s.

This Day Will, Ward’s Negro, was executed according to Sentence, and made the following Confession at the Stake.

  1. He said, That William Kane, a Soldier belonging to the Fort, knew of the Plot; and he heard the said Kane say, he did not care if the Fort was burnt down: That since the Plot was discovered he told Kane he would make a Discovery; on which Kane gave him three Pounds in Bills, and told him, not to discover; Part of which Money his young Mistress found in his Chest.
  2. That his Mistress lost a Silver Spoon, which he, Will, stole and carried to Kane’s Wife, who gave it her Husband in his Presence, and he sold it to Peter Van Dyke, a Silver-Smith, and gave him [Will] eight Shillings of the Money.
  3. That Kane and Kelly asked Quack to burn the Fort, and said if that was done, they (the Soldiers) would have their Liberty; and Kelly said, you must do it with some wet Cotten, and that will make no Smoke.
  4. That he has talked of the Plot with Kane and Kelly often, and has been at Kane’s House, and has heard that other Soldiers were concerned, but does not know them. That he has seen Quack (Walter’s) there, Ryndert’s Tom, Governour’s Jack, Cuyler’s Pedro; and John (Vanzant’s) went round, who received some Money in his Hat, collected at a Meeting at Kelly’s, which Money was to be paid to Hughson.
  5. That Quack, Goelet’s, and Will, Tiebout’s, drew him in; and called on their Names to the last.
  6. That Pedro (De Peyster’s) is innocent for what he knows.
  7. That Moore’s Cato advised him and Pedro, to bring in many Negroes, telling Pedro, that he would be certainly burnt or hanged if he did not confess; but that if he brought in a good many, it would save his Life; for he had found it so himself; and must say, he was to set his Master’s House on fire, which would make the Judges believe him.
  8. That Pintard’s Caesar said much the same; and Comfort’s Jack advised Cato; but that Jack was a true Evidence.

The Pile being kindled, this Wretch set his Back to the Stake, and raising up one of his Legs, laid it upon the Fire, and lifting up his Hands and Eyes, cried aloud, and several Times repeated the Names, Quack Goelet & Will Tiebout, who he had said brought him into this Plot.

This Evening William Kane, Soldier, Quack, Goelet’s, and Will, Tiebout’s, Negroes, were apprehended and committed.

After we had several of the Fires mentioned in the Introduction to this JOURNAL, Quack, Goelet’s, was had up and examined before the Magistrates, for some suspicious Words overheard to be uttered by him, to another Negro, which seemed to import strong Hints as if he had been privy to the Occasion of them; but nothing could be made of it, and was therefore discharged. But this was long before we had the least Intimation of a Conspiracy.

On this day..

1741: Prince, Tony, Cato, Harry and York

On this date in 1741, according to Daniel Horsmanden’s relentless chronicle of his pursuit of the great New York slave conspiracy “Duane’s Prince, Latham’s Tony, Shurmur’s Cato, Kip’s Harry, and Marshalk’s York, negroes, were executed at the gallows, according to sentence; and the body of York was afterwards hung in chains, upon the same gibbet with John Hughson.”

Seventeen days have here elapsed since the most recent executions, but despite the lull in corpses New York’s high court has not rested its guard.

Those seventeen days consume 43 pages of Horsmanden’s journal. Roughly half of that space consists of confessions or “confessions”: it was by now obvious that this was the path to safety, and the colonial governor confirmed same by publishing on June 19th an amnesty “offer[ing] and promis[ing] His Majesty’s most gracious Pardon to any every Person and Persons, whether White People, free Negroes, Slaves, or others, who had been or were concerned in the said Conspiracy, who should on or before the first Day of July then next, voluntarily, freely and fully discover, and Confession make, of his, her or their Confederates, Accomplices, or others concerned in the said Conspiracy”

And so Horsmanden’s document grows heavy with lifesaving auto-denunciations. For late June and the first days of July alone we read

Confession of Mink, Negro of John Groesbeck, Before the Grand Jury.

The Confession of Tom, Ben. Moore’s Negro, Before the Grand Jury.

Confession of Wan, Indian Man of Mr. Lowe, Before the Grand Jury.

Confession of York, Negro of Marschalk’s.

Confession of London, Negro of Marschalk’s.

Confession of Pompey, Negro.(Mr. Peter De Lancey’s.) Before One of the Judges.

Confession of Caesar (Alderman Pintard’s) Negro, Before One of the Judges.

Confession of Cato, Col. MOORE’s Negro, Before One of the Judges.

Confessions of several Negroes, Before one of the Judges.

Confession of Starling, Mr. S. Lawrence’s Negro, Before one of the Judges.

The Confession of Quack, WALTER’s Negro. By an unknown Hand.

Confession of Dundee (TODD’s) Negro. Taken by a Private Hand.

Confession of London, (Mr. French’s) Negro, Taken before his Master by a private Hand.

Confession of Jack, (J. Tiebout’s) Negro, Before Alderman BANCKER.

Confession of London, a Spanish Indian (Wynkoop’s) Before one of the Judges.

Confession of Brash, Mr. PETER JAY’s Negro, Taken before one of the Judges.

Confession of Tom, (SOUMAIN’s) By a private Hand.
Examination & Confession of Jack, Mr. Murray’s Negro, Before one of the Judges.

Examination and Confession of Adam, Negro of JOSEPH MURRAY Esq;. Taken before one of the Judges.

Confession of Harry, KIP’s Negro, under Conviction. Before one of the Judges.

Confession of Cato, Mr. Shurmur’s Negro, under Conviction. Before one of the Judges.

Confessions taken this Day by Mr. Nicholls and Mr. Lodge, of the Fifteen following Negroes.

Confessions of the four following Negroes taken by Mr. George Joseph Moore.

Confession of Emanuel, a Spanish Negro, belonging to Thomas Wendover. Taken by a private Hand.

Confession of Cajoe, alias Africa, (GOMEZ’s) By a private Hand.

Confession of Tom, Mr. R. LIVINGSTON’s Negro: Before one of the Judges.

Confession of Pedro (DE PEYSTER’s Negro.) By John Schultz.

Confession of Jeffery (Capt. Brown’s) and Mars (Benson’s) Negroes: Before the Grand Jury.

Confession of Scotland, Mr. MARSTON’s Negro, Before one of the Judges.

Confession of Braveboy (Mrs. KIERSTEDE’s) Before one of the Judges.

Confession of Windsor (Samuel Myers Cohen’s Negro) Taken by John Schultz.

The Confessions of the seven Negroes following, taken by Mr. Nicholls and Mr. Lodge.

Minutes of Othello’s Examination & Confession, Taken before one of the Judges the 29th & 30th June.

Confession of Sam, Negro of Col. FREDERICK CORTLANDT, Before one of the Judges.

The eight following Negro Confessions were taken this Day by Mr. Nicholls and Mr. Lodge.

As each in turn named his names, the city hall’s cellar gaol grew overcrowded with plotters, some hundred or more in total as June ended. “Between the 19th and this day,” Horsmanden remarked in his June 27th entry, “there were upwards of Thirty Slaves more added to [the dungeon], insomuch that the Jail began to be so thronged, ’twas difficult to find Room for them.”

[W]e were apprehensive, that the Criminals would be daily multiplying on our Hands; nor could we see any Likelihood of a Stop to Impeachments; for it seemed very probable that most of the Negroes in Town were corrupted.

The Season began to grow warm, as usual; and … ’twas feared such Numbers of them closely confined together, might breed an Infection.

The spiraling investigation was not only a risk to public health: slaves were valuable property, too valuable to put to the torch without excellent cause. In New York Burning, Jill Lepore estimates that New York had perhaps 450 or so adult black men at this point, and about 200 of them were at some point implicated in the sedition. Horsmanden wasn’t kidding when he fretted “most of the Negroes in Town.”

Facing a potential bloodbath of truly horrifying expense, New York at this point began to pull back — it’s cold comfort to those still doomed like today’s quintet, but today’s mass hanging puts the affair onto the downslope.

On July 1 the colony’s chief justice, James De Lancey, returned from a mission mediating a Massachusetts-Rhode Island boundary dispute that had kept him away from New York for several months.

During De Lancey’s absence the entire progress of the arson scare and its subsequent investigations had unfolded. It had been spearheaded by a junior justice,* our correspondent Daniel Horsmanden.

Horsmanden compiled his The New York Conspiracy, or the History of the Negro Plot in 1742, and was keen to vindicate himself in an event that had obviously become controversial to his contemporaries — so Horsmanden’s account tends to efface the personal role of Horsmanden himself in preference to the institutional authority of the court as a whole.

Nevertheless, to a very great extent the judicial proceedings that turned New York upside-down in 1741 were Horsmanden’s own baby. He’s the chief investigator and interrogator; the confessions above taken “before one of the judges” were taken before Horsmanden. Others he won indirectly (“JOHN SCHULTZ made Oath, That whereas by the Judge’s Orders he took a Confession in Writing from the Mouth of Pedro …”) or secured for open court as a consequence of his private interrogations. A few times he even refers in the third person to actions of the “City Recorder”, which was a municipal office that Horsmanden himself also held.

Not incidentally, Horsmanden was also a man on the make: an arriviste English gentleman induced to try his fortune in the New World after meeting ruin in the South Sea Bubble. De Lancey, by contrast, was fruit of New York’s wealthiest family and an experienced hand in colonial politics. He’s too smooth to have given us a paper trail, but the space between the lines suggests that De Lancey may have returned to bring Horsmanden’s ship into the shore.

On July 2, the chief justice sat in court for the first time in this affair, ordering “Will, WARD’s Negro” to burn without wasting time on a trial. Indeed, although our series is not yet at its end, the negro plot trials are virtually finished once De Lancey returns; his court thereafter opens its daily proceedings only to adjourn, or to collect the pro forma guilty pleas and submissions to mercy of fresh batches of slaves — few of whom are now suffered to submit new confessions that would inevitably denounce new victims. The De Lancey court’s chief business becomes throttling down, emptying its docket, and arranging its inconvenient and unsanitary legion of basement prisoners for release or penal transportation.

But there were still loose ends to tie off, and the credibility of the court could scarcely admit abrupt reversals of what had already transpired.

Despite the amnesty, York (Marschalk’s),** Harry (Kip’s) and Cato (Shurmur’s) all happened to be convicted on the 19th. Discovering hours too late that the governor had extended his reprieve offer that very day, they immediately tried to clamber into safe harbor by admitting what they had already been condemned for — “THAT what was said against him at the Trial Yesterday, was true” — “That all that the Witnesses testified against him in Court on his Trial was true” — “THAT all the Witnesses who spoke against him at his Trial, spoke the Truth.” But that wasn’t good enough to save them, since their confessions post-conviction were not free and voluntary discoveries.

Tony and Prince, who shared their gallows but with whom this author would better share a foxhole, were proud and steely enough to venture a trial on June 26th in the midst of the amnesty window. It was a potential mass trial save that 12 other co-defendants opted out of simply by submitting confessions. Our two holdouts faced a cavalcade of slave accusations supplemented by the white arch-accuser Mary Burton and “asked the Witnesses no material Questions; upon their Defence, they only denied what had been testified against them.” New York executed these courageous men, of course.

According to Peter Zenger’s Weekly Journal (July 6, 1741), none of those executed on June 3 “acknowledg’d any Guilt; but by their Prevarications their Guilt appear’d too plain than to be deny’d” — a fine barometer of the prevailing climate — and one (unspecified) slave survived his execution and “after he had hang [sic] the common Time, or rather longer, when he was cut down, shew’d Symptoms of Life, on which he was tied up again.”

* Horsmanden was actually 12 years older than De Lancey, but outranked by De Lancey in stature and precedence.

** Another of Marschalk’s slaves named London was convicted along with York, Harry, and Cato — and subsequently confessed under exactly the same circumstances as his three hanged mates. It is unclear from Horsmanden’s record why London was spared but York was not merely hanged but gibbeted; one wonders whether the double financial hit to Mr. Marschalk might not have been the consideration — and if so, whether the master had to make an off-the-record Sophie’s choice between his men. Whatever the case, London was among a large number of slaves recommended on July 4 for transportation which had the effect of ridding New York of their seditious presence while also allowing their owners to recoup their sale value.

On this day..

1916: Trooper Alexander Butler

One hundred years ago today at Bussy-les-Daours on the Somme, Canadian Trooper Alexander Butler was shot for the unprovoked murder of another soldier during World War I.

Butler was a veteran soldier with six-plus years in the 7th Hussars. For obscure reasons possibly tracing to multiple head injuries he had sustained in falls from horse during World War I, Butler on June 8 approached a fellow Hussar named Mickleburgh and suddenly poured five rifle rounds into his chest.

Butler was one of only two Canadian soldiers executed for murder during the Great War. (Twenty-two others were shot for desertion, and one for cowardice.) Those two soldiers were excluded from the 2006 posthumous pardon of Commonwealth servicemen who were “shot at dawn” during the war.

On this day..