On this date in 2006, James Malicoat was executed in Oklahoma for beating to death his 13-month-old daughter.
As a criminal case, the matter was open-and-shut. “Malicoat admitted hitting Leadford’s head on a dresser a few days before she died and punching her twice in the stomach the day she died, causing her to stop breathing,” the Oklahoma Attorney General’s statement noted. “Malicoat used CPR to revive her before lying down beside her to take a nap. When he awoke, Malicoat noticed Leadford was dead. He put her in her crib and covered her with a blanket before going back to sleep. When Leadford’s mother returned from work, the couple rushed the child to the emergency room, but staff there determined she had been dead for several hours.” The killer never attempted to deny what he had done; even at his clemency hearing, he didn’t request mercy.
While his case made its ponderous path through the judiciary, Malicoat came into the correspondence of a Benedictine monk from a nearby monastery.
“When I first saw the crime, I thought, ‘He needs a friend more than the others. Everyone is going to shrink back because the crime was so horrendous,'” said Brother Vianney-Marie Graham in this moving profile of the two men’s relationship, which spanned the last five years of Malicoat’s life.
In long letters and intermittent visits, Graham coaxed the already-penitent Malicoat towards a spiritual catharsis — often calling him “my little Pranzini” in reference to an inspiration for his mission, the condemned 19th century French murderer Henri Pranzini whose soul was famously won for God by the ministry of Saint Therese of Lisieux. By coincidence — or was it more? — Pranzini and Malicoat shared an August 31 execution date.
(Thanks to 18th century English Catholic Bishop Richard Challoner for the guest post — originally from Memoirs of Missionary Priests — on an intrepid Elizabethan Catholic, hanged in an anti-Catholic crackdown following the defeat of the Spanish Armada. While the timing of her execution might have been circumstantial, she earned her martyr’s crown fully by pulling off an daring jailbreak that loosed an English priest who might otherwise have hanged in her place. She’s one of three women among the 40 Martyrs of England, along with St. Margaret Clitherow and St. Anne Line, all three of whom are commemorated on August 30. Also martyred on the same occasion were John Roche (the waterman who aided Margaret Ward), a priest named Richard Leigh, and three other lay Catholics condemned for aiding priests — Richard Lloyd, Richard Martin, and Edward Shelley.)
Mrs. Margaret Ward was born at Congleton, in Cheshire, of a gentleman’s family, and was ia the service of a lady of distinction, when Mr. Watson, a secular priest, was confined in Bridewell for his religion. The story of this gentleman is thus related by the bishop of Tarrasona, J. 2. c. 5.
Richard Watson was a priest of the seminary of Rheims, a virtuous and zealous missioner, who had laboured much in the Lord’s vineyard; but being apprehended, and confined to Bridewell, was, at length, by force of torments, and the insupportable labours, and other miseries of the place, prevailed upon, through human frailty, to go once to the protestant church; upon which, he was set at liberty. But such was the remorse he felt in his soul after this sin, that, instead of bettering his condition by being thus enlarged, he found his case far worse, and the present torments of his mind much more insupportable, than those which he before had endured in his body, the more because he had now lost his God, whose divine grace had formerly been his comfort and support; whereas he now could find no comfort, either from God or man; but the heavens were become to him as of brass, and the earth as iron.
In this melancholy condition, he went to one of the prisons, where some others, his fellow priests were confined, to seek for counsel and comfort from them; and here, having confessed his fault, with great marks of a sincere repentance, and received absolution, desiring to repair the scandal he had given, in the same place where he had sinned, he returned to the church at Bridewell, and there, in the middle of the congregation, declared with a loud voice, that he had done very ill in coming lately to church with them, and joining in their service; which, said he, you untruly call the service of God, for it is, indeed, the service of the devil. He would have said much more, but was prevented by the people, who immediately laid hold of him, and stopping his mouth, dragged him to prison; where they thrust him into a dungeon so low, and so strait, that he could neither stand up in it, nor lay himself down at his full length to sleep. Here they loaded him with irons, and kept him for a whole month upon bread and water; of which they allowed him so small a pittance, that it was scarce enough to keep him alive, not suffering any one to come near him to comfort him or speak to him.
At the month’s end, he was translated from this dungeon to a lodging at the top of the house, where, at least, he could see the light, and was less straitened for room: but the adversaries of his faith made this lodging more troublesome to him than the former, by plying him continually, sometimes with threats, sometimes with prayers and promises, to engage him to go again to church, and to seem, at least outwardly, whatever he might inwardly believe, to be of their religion: so that their continual importunities made him perfectly weary of his life. In the mean time, the catholics, who heard of his sufferings, durst not attempt to come near him, to succour or comfort him, for fear of being taken for the persons who had persuaded him to what he had one, till Mrs. Margaret Ward, a gentlewoman of a courage above her sex, undertook to do it.
She was in the service of a lady of the first rank, who then resided at London; and hearing of the most afflicted condition of Mr. Watson, asked and obtained leave of her lady to go and attempt to visit and relieve him. In order to this, she changed her dress, and taking a basket upon her arm, full of provisions, went to the prison, but could not have leave to come at the priest, till, by the intercession of the gaoler, whom Mrs. Ward had found means to make her friend; with much ado she obtained permission to see him from time to time, and bring him necessaries, upon condition that she should be searched in coming in and going out, that she might carry no letter to him, or from him; which was so strictly observed for the first month, that they even broke the loaves, or pies, that she brought him, lest any paper should thereby be conveyed to him; and all the while she was with him, care was taken that some one should stand by to hear all that was said. But, at length, beginning to be persuaded that she came out of pure compassion to assist him, they were less strict in searching her basket, and in hearkening to their conversation; so that he had an opportunity of telling her, that he had found a way by which, if he had a cord long enough for that purpose, he could let himself down from the top of the house, and make his escape.
Mrs. Ward soon procured the cord, which she brought in her basket under the bread and other eatables, and appointed two catholic watermen, who were let into the secret, to attend with their boat near Bridewell, between two and three o’clock the next morning; at which time Mr. Watson, applying to the corner of the cornice his cord, which he had doubled, not sufficiently considering the height of the building, began to let himself down, holding the two ends of the cord ia his hands, with a design of carrying it away with him, after he had got down, that it might not be discovered by what means he had made his escape. But, by that time he had come down something more than half the way, he found that his cord, which he had doubled, was not now long enough; and he, for some time, remained suspended in the air, being neither able to ascend or descend, without danger of his life.
At length, recommending himself to God, he let go one end of his cord, and suffered himself to fall down upon an old shed or penthouse, which, with the weight of his body, fell in with a great noise. He was very much hurt and stunned by the fall, and broke his right leg and right arm; but the watermen run in immediately to his assistance, and carried him away to their boat. Here he soon came to himself, and, feeling the cord, remembered his coat which he had left in the fall, which he desired one of the watermen to go and bring him. And when they were now advanced in their way, he bethought himself of the cord, and told the watermen, that if they did not return to fetch it, the poor gentlewoman that had given it him would certainly be put to trouble. But it was now too late; for the noise having alarmed the gaoler, and others in the neighbourhood, they came to the place, and finding the cord, immediately suspected what the matter was; and made what search they could to find the priest, but in vain; for the watermen, who had carried him off, took proper care to conceal him, and keep him safe, till he was cured: but God was pleased that, instead of one who thus escaped from prison, two others, upon this occasion, should meet with the crown of martyrdom, as we shall now see.
For the gaoler seeing the cord, and being convinced that no one but Mrs. Ward could have brought it to the prisoner, and having before found out where she lived, seat, early in the morning justices and constables to the house, who, rushing in, found her up, and just upon the point of going out, in order to change her lodgings. They immediately apprehended her, and carried her away to prison, where they loaded her with irons, and kept her m this manner for eight days. Dr. Champney and father Ribadaneira add, that they hung her up by the hands, and cruelly scourged her, which torments she bore with wonderful courage, saying, they were preludes of martyrdom with which, by the grace of God, she hoped she should be honoured.*
After eight days she was brought to the bar, where, being asked by the judges, if she was guilty of that treachery to the queen, and to the laws of the realm, of furnishing the means by which a traitor of a priest, as they were pleased to call him, had escaped from justice, she answered, with a cheerful countenance, in the affirmative: and that she never, in her life, had done any thing of which she less repented, than of the delivering that innocent lamb from the hands of those bloody wolves. They sought to terrify her by their threats, and to oblige her to confess where the priest was, but in vain; and therefore they proceeded to pronounce sentence of death upon her, as in cases of felony: but, withal, they told her, that the queen was merciful; and that if she would ask pardon of her majesty, and would promise to go to church, she should be set at liberty, otherwise she must look for nothing but certain death.
She answered, that as to the queen, she had never offended her majesty; and that it was not just to confess a fault, by asking pardon for it, where there was none: that as to what she had done in favouring the priest’s escape, she believed the queen herself, if she had the bowels of a woman, would have done as much, if she had known the ill treatment he underwent. That as to the going to their church, she had, for many years, been convinced that it was not lawful for her so to do, and that she found no reason now to change her mind, and would not act against her conscience; and therefore they might proceed, if they pleased, to the execution of the sentence pronounced against her; for that death, for such a cause, would be very welcome to her; and that she was willing to lay down not one life only, but many, if she had them, rather than betray her conscience, or act against her holy religion.
She was executed at Tyburn, August 30, 1588, showing to the end a wonderful constancy and alacrity; by which the spectators were much moved, and greatly edified.
Whilst these things were acting, Mr. Watson was under care in the waterman’s house, who, as soon as he was recovered, thought proper to withdraw farther from danger; and that he might be the better disguised, changed clothes with the waterman, who joyfully accepted the change, and put on, with great devotion, the clothes of one whom he regarded as a confessor of Christ. But not long after, walking in the streets, he met the gaoler, who took notice of the clothes, and caused him to be apprehended and carried before a justice of peace, where, being examined how he came by those clothes, he confessed the whole truth; upon which he was committed, prosecuted, and condemned: and making the same answers as Mrs. Ward had done, with regard to the begging the queen’s pardon, and going to church, he endured the same death with much spiritual joy in his soul, and a constancy which many admired, and were very much edified by it.
He’s surely the most recognizable and symbolically powerful of America’s many lynch victims, thanks in large measure to his mother’s Mamie Till’s insistence on an open-coffin funeral that put Emmett’s mutilated face in front of media consumers worldwide.
In its narrow particulars, it resembles more closely a private vendetta than the mob justice evoked by a term like “lynch law”: in the dark hours after midnight the night of August 27-28, two white Mississippians, Roy Bryant and J.W. Milam, barged into the home of a sharecropper named Moses “Preacher” Wright and at gunpoint forced him to surrender his nephew. Chicago-raised and thus insufficiently alert to the full rigor of the color line, young Emmett had transgressed it a few days prior by apparently* hitting on Bryant’s wife, boasting of his prowess with white girls up north.
In retaliation for this offense, the two intruders bundled Emmett into their truck, took him to a barn where they bludgeoned him into the deformed horror that later shocked so many newspaper subscribers — after which they finished him off with a gun and dumped his remains into the Tallahatchie River.
While this was not as exalted as the more recognizably execution-esque summary justice of the whole town, no reader in this year of our lord 2020 can fail to recognize the wanton self-appropriation of policing power by vigilantes justifiably confident in their impunity. This informal extension of the state’s legitimate violence via extralegal but allied actors is a hallmark of lynch law, however its definitional boundaries are drawn.
And indeed an all-white jury predictably acquitted the killers in what they later acknowledged was an act of race-based jury nullification. In a jaw-dropping post-trial Look magazine interview, the pair — shielded from a “double jeopardy” re-trial by their acquittal — matter-of-factly admitted the murder. To the reporter’s eyes they behaved as if they “don’t feel they have anything to hide; they have never regarded themselves as being in legal jeopardy. Not even psychologically are they on the defensive. They took it for granted before the trial that every white neighbor, including every member of the jury and every defense attorney, had assumed that they had indeed killed the young Negro. And since the community had swarmed to their defense, Milam and Bryant assumed that the ‘community,’ including most responsible whites in Mississippi, had approved the killing.”
Yet Till as portrayed by his executioners was a far finer man than they.
Their intention was to “just whip him… and scare some sense into him.” And for this chore, Big Milam knew “the scariest place in the Delta.” He had come upon it last year hunting wild geese. Over close to Rosedale, the Big River bends around under a bluff. “Brother, she’s a 100-foot sheer drop, and she’s a 100 feet deep after you hit.”
Big Milam’s idea was to stand him up there on that bluff, “whip” him with the .45, and then shine the light on down there toward that water and make him think you’re gonna knock him in.
“Brother, if that won’t scare the Chicago ——-, hell won’t.”
…
But under these blows Bobo never hollered — and he kept making the perfect speeches to insure martyrdom.
Bobo: “You bastards, I’m not afraid of you. I’m as good as you are. I’ve ‘had’ white women. My grandmother was a white woman.”
Milam: “Well, what else could we do? He was hopeless. I’m no bully; I never hurt a nigger in my life. I like niggers — in their place — I know how to work ’em. But I just decided it was time a few people got put on notice. As long as I live and can do anything about it, niggers are gonna stay in their place. Niggers ain’t gonna vote where I live. If they did, they’d control the government. They ain’t gonna go to school with my kids. And when a nigger gets close to mentioning sex with a white woman, he’s tired o’ livin’. I’m likely to kill him. Me and my folks fought for this country, and we got some rights. I stood there in that shed and listened to that nigger throw that poison at me, and I just made up my mind. ‘Chicago boy,’ I said, ‘I’m tired of ’em sending your kind down here to stir up trouble. Goddam you, I’m going to make an example of you — just so everybody can know how me and my folks stand.'”
Taken to the riverbank where he’d be slain, Emmett Till bravely spat on his killers’ last offer of domineering clemency.
They stood silently … just hating one another.
Milam: “Take off your clothes.”
Slowly, Bobo pulled off his shoes, his socks. He stood up, unbuttoned his shirt, dropped his pants, his shorts.
He stood there naked.
It was Sunday morning, a little before 7.
Milam: “You still as good as I am?”
Bobo: “Yeah.”
Milam: “You still ‘had’ white women?”
Bobo: “Yeah.”
That big .45 jumped in Big Milam’s hand. The youth turned to catch that big, expanding bullet at his right ear. He dropped.
* The specifics of what transpired at the Bryants’ grocery to trigger the lynching have been finely parsed and disputed ever since 1955. At a maximally “incriminating” interpretation, he made a crude but unthreatening pass at Mrs. Bryant. By other readings the whole thing might have been merely a misunderstanding. In this author’s opinion, indulging the question of whether Emmett Till was “actually innocent” of wolf-whistling a white woman concedes far too much ground at the outset to his murderers.
From the Spokane, Wash. Spokesman-Review, Aug. 28, 1909:
Joe Gauvitte Is Hanged
Pays Death Penalty for the Murder of his Wife
WALLA WALLA, Wash., Aug. 27. — Joe Gauvitte, the bartender of Spokane, who killed his wife, was hanged at 5:50 this morning in the penitentiary yard. There were few visitors present and the prisoner was not allowed to speak on the platform, although he desired to do so, it being the wish of the warden that no death statement be given there.
In lieu of this, Gauvitte asked Father Jones to issue a statement thanking the officers for their courtesies and declaring he desired death. Father Jones arrived at Gauvitte’s cell at 4 o’clock and remained with him until the execution. Contrary to custom, the condemned man ate no breakfast, but devoted the time to his conference with the priest.
Joseph Gauvitte, who was hanged yesterday for wife murder, was arrested some time before he killed his wife, the evning of June 27, for having attempted to stab her. At another time he was arrested by complaint of his wife on a charge of insanity. According to his confession he was afraid she was about to leave him and he said he could not bear the thought of the separation.
In his confession, made to Prosecuting Attorney Fred C. Push, Captain of Police Coverly, Sergeant McPhee and Deputy Sheriff George Sweet, after his arrest for the murder, Gauvitte said:
The thought of killing my wife came to me on Saturday afternoon when I was at work. I thought that if I could not have her no one else could. I took a few drinks early in the night to nerve myself. While I was in the Bodega saloon my wife passed on a Broadway car and I went hurriedly down College avenue to reach the corner of Maple street before she got there. I waited and saw her alight from the car. I waited until she was almost abreast of me and then made sure she was the right person. Certain of her identity, I stepped out from behind a tree and fired point-blank at her twice. She groaned and staggered into the street and I followed. I was afraid I might only have wounded her, and I wanted to be sure to kill her.
Lezmond Mitchell, the only Native American on federal death row, was killed by lethal injection at Terre Haute, Indiana for murdering 63-year-old Alyce Slim and her nine-year-old granddaughter Tiffany Lee. The offender and both victims were members of the Navajo Nation, and the crimes occurred on the Navajo Reservation in the northeast corner of Arizona.
Mitchell and a companion named Johnny Osringer — underaged, and therefore serving a life sentence instead — were picked up hitchhiking by the victims in 2001. They stabbed Alyce Slim to death when she stopped to let them out, then to murder the terrified little girl in greater privacy, drove her 30 miles into the mountains sitting next to her grandmother’s bloody corpse.
The horrific crime carried with it a problematic jurisdictional question that’s legacy of the continent’s Anglo conquest.
Within their treaty lands, indigenous nations still assert internal sovereignty when it comes to handling criminal offenses — sovereignty that Congress has legislated against by placing some big-ticket crimes like murder and rape under federal jurisdiction.
Neither this arrogation of authority in general nor its application to Mitchell in particular have been embraced by the Navajo Nation, which has advocated against the execution for many years and on the day it occurred issued a statement denouncing it.
The Navajo Nation’s position, from the beginning, was to advocate for the sovereign status of the Nation. Our decision not to accept the death penalty in federal cases remains a Navajo decision, but in this instance the federal government ignored the Navajo Nation. This is an affront to our Nation because we should be the ones to decide these matters. The federal government charged a crime that was added in 1994 to the Federal Death Penalty Act and blindsided the Navajo Nation by using this to sidestep the Navajo Nation’s position.
We have a court system that is fair and just for all persons. We have laws that protect our People. We have brave men and women on our police force to watch over us. Crimes committed on the Navajo Nation are for us to decide. Our judicial and public safety system considers restorative justice in court cases as based on our custom and traditions of hozho’ and k’e. Federal officials may not understand our family connections and our strength in keeping harmony. So, we invite them to meet with us and find an answer to address this important death penalty matter.
The Navajo Nation asked for clemency in Mr. Mitchell’s case in changing his sentence to life in prison without possibility of release. This is the same request supported by U.S. Senators, U.S. House Representatives, Tribal Nations, and tribal organizations. But our collective voice was ignored. We don’t expect federal officials to understand our strongly held traditions of clan relationship, keeping harmony in our communities, and holding life sacred. What we do expect, no, what we demand, is respect for our People, for our Tribal Nation, and we will not be pushed aside any longer.
We thank the many Tribal Nations who supported the Navajo Nation’s stand on sovereignty, and we appreciate the Tribal organization’s letters advocating for tribal sovereignty. We now call on all Tribal Nations and Tribal organizations to begin a dialogue on a respect for tribal sovereignty, respect for all Tribal Nation, and respect for Native Americans. We are moving forward in this fight and we ask all to join us.
Mitchell’s was the fourth federal execution conducted in little more than a month as part of a calculated campaign by Trump administration attorney general William Barr. Prior to the current paroxysm, the United States federal government (as distinct from its 50 states’ separate jurisdictions) had conducted only three executions — all in the early 2000s, most notably Oklahoma City bomber Timothy McVeigh — in the past 57 years.
From Felix Farley’s Bristol Journal (Bristol, England), Saturday, August 30, 1783:
Monday was executed at Hall-Down, near Exeter, John Grinslade, aged 22, for the murder of the Rev. Mr. Gilbert Yarde; and John Cunningham, aged only 17, for the murder of John Pratt. The former expressed sorrow for his offences, and declared he died in charity with all men: The latter, from whose youth and ignorance no great degree of sensibility could be expected, appeared rather stupified than grieved at his fate. Cunningham professed himself a Papist.
August 24 is the feast day* of Saint Bartholomew the Apostle, an original companion of Christ who is silent as the grave when it comes to the Gospels** but holds a distinguished place in artistic history as Christianity’s best-known flayed martyr.
A fierce Bartholomew brandishing his flayed skin in Michelangelo’s Last Judgment.
Marco d’Agrate shows off his anatomical expertise in this sculpture at the Milan Cathedral, which he arrogantly signed “I was not made by Praxiteles but by Marco d’Agrate.” (cc) image by Latente Flickr.
This flinchingly realistic depiction of the skin being cut off the muscle comes from Caravaggio disciple Valentin de Boulogne. (cc) image by livioandronico2013.
* Per the Catholic tradition. For Orthodox Christians, the feast is observed on June 11; in the Coptic church, it occurs on the first day of Thout which currently corresponds to September 11 or 12.
On this date in 2012, the small west African country of Gambia suddenly shot nine.
Effectively abolitionist, Gambia had not exercised capital punishment since 1981, when an attempted coup led to one (1) execution.
But it did have a (seemingly) latent death row of close to 50 souls* and in August 2012 autocratic president Yahya Jammeh used that stockpile to suddenly break the death penalty moratorium with a shock mass execution.
Those executed included one woman, at least two Senegalese nationals, and several soldiers involved in anti-Jammeh mutinies. The nine were identified as
As might be expected for such an impetuous deed, several of these individuals so suddenly killed were not even at the end of their legal journeys through the state’s regular channels. Buba Yarboe’s family had been fighting for recognition of his mental illness as a mitigating condition; Yarboe and Malang Sonko both had judicial appeals remaining that had not yet been heard; Lamin Darboe’s sentence had been irregularly vacated and then reinstated. No matter.
Jammeh backed off his threats of follow-up executions to purge the entirety of its death row, and Gambia has conducted no further executions since that one dark day. His successor Adama Barrow officially re-imposed a moratorium and in 2019 commuted all remaining death sentences with an avowed intention to abolish capital punishment altogether.
* Reports on the size of Gambia’s death row at this time varied. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions named 39 still-living condemned individuals in a letter to President Jammeh days after the nine were killed.
On this date in 1946, the former wartime fascist Prime Minister of Hungary was shot for being the former wartime fascist Prime Minister of Hungary.
Dimitrije Stojakovic by birth, the Vojvodina-born ethnic Serb Magyarized his name to Döme Sztójay as he rose up the ranks in the intelligence services in independent, post-Habsburg Hungary.
He had for many years been the Hungarian ambassador to Berlin and a noted pro-Third Reich figure when in 1944 Nazi Germany took over its erstwhile Axis junior partner upon catching wind of Budapest’s interest in cutting a peace deal with the Allies to exit a fast-deteriorating war. Given a choice between outright German occupation and selecting a suitable local quisling, Regent Miklos Horthy appointed our guy Döme Sztójay.
He only held the office for five months before ill health and shifting political tectonics pushed him out, but he made his sinister mark in that time as an instrument of the Holocaust in Hungary. Hungarian Jewry had of course been afflicted prior to then by anti-Semitic laws and various outrages, but it had been spared wholesale deportation and extermination thanks to the resistance of Regent Horthy and others — the very domestic elite strata which Germany was here sidelining.
Now that the place was under Berlin’s management, Adolf Eichmann arrived to coordinate a terrifyingly swift mass slaughter, which in the span of a few months in the spring-summer 1944 took over 400,000 Hungarian Jews (from a prewar population of about 825,000) off to death camps. The special effort given to this particular extermination at a juncture in the war when the men and materiel involved were so obviously needed elsewhere has made it an event of special interest to Holocaust scholars.
As hostilities wrapped up, Sztójay managed a preferential-to-war-criminals surrender to the American army instead of the Red Army, but he had nothing of any unique value to offer the West that would have entitled him to special consideration — and so he was extradited back to Hungary to face the music.
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