Author Archives: Headsman

Themed Set: Ohio

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In the 21st century, the Buckeye State’s suddenly-crowded execution docket has garnered it a reputation as “the Texas of the North”.

After conducting only a single execution in the first quarter-century after death penalty reinstatement, Ohio has been one of the country’s most aggressive executioners in recent years — noticeably bucking a national trend of falling executions elsewhere.

Ohio is so hard core that it’s still trying to re-execute a guy who stunningly survived execution in 2009. And while some states have found their death chambers shuttered recently by an interruption of the lethal chemical supplies, Ohio pioneered new one-drug protocols to keep its gurney occupied.

Executions per year


Annual number of executions for Ohio, compared to those for all other states not in the historic U.S. Confederacy or the “border states” of Oklahoma, Missouri, and Kentucky. Chart also excludes three executions conducted by the federal government. Incidentally, neighboring Indiana has 13 of the 42 other ‘Northern’ executions from 2001 to 2011. (Figures via the Death Penalty Information Center’s useful Executions Database.)

But then, Ohio has plenty of historical precedent to fall back on.

It was in the frontier Ohio Country (technically in present-day Pennsylvania, but who are we to split cartographers?) that the summary killing of a French prisoner taken by the young British officer George Washington touched off a world war. The Espy file log of known executions credits Ohio with approximately* 438 hangings, shootings, and electrocutions (and one lethal injection … and one execution by tomahawk) from the time of its 1803 statehood through the end of the 20th century.

For these next four days, we’ll peruse executions in the Texas of the North from the colonial era all the way down to (just about) the present day.

* My count; may be mistaken.

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1896: Amelia Dyer, baby farmer

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

On this date in 1896, Amelia Elizabeth Dyer was hanged at Newgate Prison in London. At 58 years old, she was the oldest woman hung in Great Britain between 1844 and 1955.

Amelia was a baby farmer, one of many from that time and place. Baby farmers would, for a fee, take an infant or toddler if its mother was unable or unwilling to care for it. The idea was that the baby farmer would either become the baby’s foster parent, or find someone else to foster or adopt the child.

In the days when illegitimacy carried a heavy social stigma, this was an attractive option — indeed, often the only option — for single or impoverished mothers, and likewise for communities facing the burden of an orphaned newborn. Young Oliver in Charles Dickens’s novel Oliver Twist grew up on a baby farm after his mother died in childbirth and his father disappeared.

In many cases, everyone benefited from the transaction: the mother would go back to her life knowing her baby was all right, a childless couple would have a baby to love, and the baby itself would grow up in a secure home.

Unhappily, however, many other cases produced horrendous results: the baby was not necessarily safe once the mother had handed it over and paid money in advance for its care. Unscrupulous and greedy women realized that, once they got the lump sum payment, they could make a profit if the baby died, the sooner the better.

Victorian Britain was rife with baby farmers who would quietly do away with their helpless charges, or simply starve and neglect the infants until they expired. Authorities made unavailing, ill-enforced attempts to control the problem by, for example, requiring women who adopted or fostered more than one infant at a time to register. (And by doling out a few sporadic, but high-profile, executions.)

It was a widespread and well-known problem, as Alison Rattle and Allison Vale note in their biography, Amelia Dyer: Angel Maker:

It was impossible for newspapers of the day to keep count of the numbers of bodies found strewn about the towns and cities. Scarcely a day passed without yet another report of the corpse of some young innocent being found abandoned beneath the seat of a railway carriage, under an archway, in a sewer grating or just carelessly dumped in one of the open spaces of a city suburb. Many cases were not even reported …

Amelia Dyer was the worst of the worst.

She was convicted of a single murder, but they’d found the bodies of half a dozen more, and by the time she was caught she’d been operating for for twenty years or more. Her victims may well have numbered in the hundreds, making her a mass killer of Harold Shipman-like proportions.

Amelia was born in Bristol to a respectable working-class family. Unlike most children of the time, she was able to attend school until age fourteen, and her four siblings. But there was tragedy in her family: her mother went insane (apparently brain-damaged by the effects of typhus), and died when Amelia was eleven years old.

In 1861, at age 24, Amelia married George Thomas, a 57-year-old widower. They had a daughter together before his death in 1869. Three years later, she married William Dyer and they had a daughter and a son, as well as several children who didn’t survive infancy. Eventually she left him.

She was a qualified nurse and did work in that field off and on for several years, but for most of her life after her first husband’s death, her primary occupation was baby farming. At first, Amelia acted only as an intermediary, taking babies from their mothers for a fee and, for another fee, handing them over to other baby farmers who, often as not, let them die. She also kept pregnant women in her home and nursed them until delivery, and the newborns were reported stillborn as often as they survived.

It isn’t known just when she started murdering the infants herself, but by 1879 she came to the attention of the authorities: four nurse-children in her care had died within two weeks of each other.

They wanted to get her for manslaughter, but there was insufficient evidence. Amelia was found guilty of criminal neglect and served the maximum, six months at hard labor. She tried to go straight, working a variety of low-paying jobs.

Inevitably, however, she returned to what she was best at.

She had learned an important lesson from her previous brush with the law: don’t bring in a doctor to sign the death certificate, don’t leave a paper trail. Instead, she started disposing of the bodies herself.

Like her colleagues she put out notices in the newspapers, advertising herself as a respectable married woman who wanted to adopt or foster a baby in exchange for money. Sometimes there was an understanding that the mother would be permitted to visit the child, or take it back once she was in a position to care for it.

However, a mother usually never saw either Amelia or child again after handing over her infant.

Amelia kept herself constantly on the move and used a number of alias names to avoid attention. At times she was receiving as many as six babies a day. Her youngest daughter, Polly, grew up helping her mother take care of the babies; for her, it was a way of life.

When she married and moved away from home, she and her husband, Arthur Palmer, ultimately set themselves up as baby farmers too, sometimes working alongside Amelia. The Palmers habitually neglected and abandoned their charges, and at least two of their babies died.

Amelia started showing signs of mental illness after her release from prison: she had violent fits, claimed to hear voices, made at least one serious suicide attempt and ultimately was admitted four times to three different asylums. Her mental illness may have genuine, possibly caused or exacerbated by her substance abuse (she was addicted to both laudanum and alcohol), or she may have been malingering: her breakdowns tended to happen after the authorities or parents seeking to reclaim their babies started poking their noses around in her business.

The end came on March 30, 1896, when a bargeman pulled the body of fifteen-month-old Helena Fry out of the River Thames. She’d been strangled with dressmaking tape, which was still tied around her neck. When the police closely examined the paper she was wrapped in, they were able to make out an address: 26 Piggotts Road, Reading.

When the authorities searched that home, they found numerous items of interest including more dressmaking tape, piles of baby clothes and pawn tickets for more clothes, and letters from mothers asking about their children. The house reeked of human decomposition.

The police set up a sting to catch Dyer, using a young woman to act as a decoy. But on April 4, the day they were supposed to meet to talk business, she found herself arrested instead and charged with the murder of Helena Fry. Shortly thereafter, her daughter and son-in-law, Arthur and Polly Palmer, were charged as accessories.

Investigators dragged the Thames and found four more bodies, three boys and one girl. All of them had white dressmaking tape knotted around their throats. Two of the victims were later identified as Harry Simmons, thirteen months, and Doris Marmon, four months. They had been killed only a few days before Amelia’s arrest, stuffed into a carpetbag together and thrown off a dock. Later, two more bodies turned up: another girl and another boy.

The investigation determined that at least 20 children had been given over to Amelia Dyer’s care in the few months prior to her being caught. During the previous year, between thirty and forty bodies had been pulled from the Thames. Almost all of them were of infants and authorities suspected most of the deaths were the work of one person.

Within a few days, Amelia had confessed everything, but denied that Polly and Arthur had any guilty knowledge of the murders, and the Palmers also maintained their innocence. Amelia confirmed that she’d dumped most of the babies’ bodies in the river. “You’ll know mine,” she said, “by the tape around their necks.”

The charges against Arthur Palmer were dropped for lack of evidence just before Amelia went to trial. Polly, anxious to save herself, became the main witness against her mother and claimed she had had no inkling of the murders of Doris Harmon and Harry Simmons, although they’d been killed in her house within a day of each other and she’d been present at the time. Her statements were contradicted by other witnesses.

Amelia was first tried for the murder of little Doris; the idea was that if she was acquitted, they could try her in the other cases one by one. She pleaded insanity, emphasizing her own mother’s madness and her own stays in insane asylums — but two of the three doctors who examined Amelia did not believe she was mentally unsound.

The jury deliberated four and a half minutes before finding her guilty.

Polly’s trial was supposed to take place on June 16, and her mother was summonsed to testify, in spite of the fact that she was due to be executed a week beforehand. Amelia appears to have really loved her daughter and was focused solely on saving her from suffering the same fate. In a letter she wrote on June 5, she said,

I was glad to see her looking so well dear child. God only knows how grieved I am to know she is suffering for no fault of her own. She did nothing, she knew nothing.

If only Amelia’s concern for her own child had extended to other people’s, too.

On the eve of her mother’s execution, the case against Polly was dropped. Amelia expressed great relief about this in her final letter to her daughter. But Polly and Arthur didn’t give up baby farming and in 1898 they were caught after they abandoned a (living) baby girl on a train.

On the scaffold, when asked for a last statement, Amelia answered, “I have nothing to say.” She was hanged at 9:00 a.m.

In the aftermath of her trial and execution, Parliament enacted more laws in order to protect helpless infants from suffering the same fate as Amelia’s nurse-children. Nevertheless, during the next ten years, three more baby farmers would suffer the ultimate penalty for infanticide.

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1944: Johanna Kirchner, Frankfurt antifascist

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“Keep Goethe‘s words in mind. ‘Die and become’. Don’t cry for me. I believe in a better future for you.”

-Johanna Kirchner’s last letter to her children

On this date in 1944, former social worker Johanna (“Hanna”) Kirchner was beheaded in Plotzensee Prison for treason.

(cc) image from Fran Behnsen of a Kirchner commemoration plaque in Frankfurt’s St. Paul’s Church.

Kirchner English Wikipedia entry | German) co-founded with Marie Juchacz after World War I the still-extant Workers’ Welfare organization: Arbeiterwohlfahrt, or “the self-help of the workers.”

These self-helping workers — both members of the socialist Social Democratic Party; Juchacz was a Reichstag member — had to flee to League of Nations-administered Saarland with the rise of the Nazi dictatorship … and from there, soon enough, on to France.

There the Vichy government arrested her in 1942 (Juchacz got out to the United States), and deported Kirchner to Germany to answer as a traitor.

She had a sentence of “only” ten years at hard labor, but the case was unexpectedly reopened in 1944 so that the cartoon villain of fascist jurisprudence, Roland Freisler, could give her a spittle-flecked death sentence for having “treasonably rooted herself in the evilest Marxist high-treason propaganda.”

Kirchner’s native Frankfurt has a Johanna-Kirchner-Straße, and in the 1990s awarded a Johanna-Kirchner-Medaille to anti-fascists.


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2011: Yao Jiaxin, road rager

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On this date last year, a young pianist turned public enemy number one was executed in China for a notorious roadside murder.

Yao Jiaxin, a 21-year-old student at Xi’an Conservatory, hit a waitress on her bike while driving in October 2010.

Seeing her taking down his car’s license plate and fearful that she would revenge herself with financial demands for her minor injuries, an infuriated Yao stabbed her to death there at the scene.

“Yao stabbed the victim’s chest, stomach and back several times until she died,” in the words of one court. “The motive was extremely despicable, the measures extremely cruel and the consequences extremely serious.”

Appropriately, the execution took place on the very day that Chinese students were facing grueling university entrance exams, like the ones Yao himself had passed a few years before.

This event sparked massive national outrage, and Yao — the ivory-tickling son of a well-off couple who worked for the defense industry but didn’t have the pull of true elites — proved to be perfectly cast for the role of public pariah in a country undergoing the cataclysmic social displacements of internal migration, urban proletarianization, social stratification, and uneven capitalistic growth. He reportedly told police in his confession that he feared that his victim, a “peasant woman[,] would be hard to deal with.”

So-called “netizens” thrilled to the scandalous murder and bombarded online communications spaces with demands for Yao’s condign execution — an offering to the hollow bromides of legal egalitarianism that people in China as everywhere else see flouted every day. Yao’s family even fed that in a backhanded way by offering the victim’s family a larger compensation than that demanded by law if they would back off their demand for execution. Those “peasants” spurned the bribe.

Despite the familiar spectacle of public bloodlust over an infamous crime, Yao’s case also had an unsettling effect for at least some. He was, after all, a promising young man undone by a moment of madness and moral frailty: his downfall was distinctly tragic, in the classical sense, and not such a stretch to read as symbolic of China’s challenges and transformations.

Palpably grief-stricken and contrite about it — his parents took him to the police station to turn himself in, and cameras tracked the frail-looking youth through his few months of legal calvary all the way to a pitiably sobbing spectacle in his final court appearance as he pleaded in vain for his life — Yao could inspire pity as well as loathing.

The nature of Yao’s crime makes him an unlikely poster-boy for ending capital punishment per se. Yet there was also something discomfiting about authorities’ theatrical and foreordained compliance with a bloodlust that they had arguably stoked.

And in a China which has moved towards dialing down executions in recent years, even Yao’s individual culpability met some overt challenge: academics and legal professionals prepared to frame it as a crime of passion or something akin to “temporary insanity,” meriting a lesser punishment.

“A lot of people felt shocked,” a Chinese death penalty opponent told a western reporter. “They felt shocked by the process. Some people thought the netizens pushed the court into giving Yao the death penalty.”

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2008: Curtis Osborne, poorly represented

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Nach Golde drängt,
Am Golde hängt
Doch alles.

–Goethe, Faust

On this date in 2008, Curtis Osborne suffered lethal injection in Georgia for a double murder.

In the words of the Atlanta Journal-Constitution report, “Osborne was executed for shooting Arthur Jones and Linda Lisa Seaborne on Aug. 7, 1990. Osborne allegedly killed Jones because Osborne didn’t want to give him the $400 he got for selling Jones’ motorcycle. Seaborne was killed because she was there.”

Pretty awful.

It’s very difficult to capture in individual cases the structural dimensions of the death penalty system, simply because individual cases are, well, individual. The many plausible actual innocence cases are one thing. Here what you’ve got is a guy who unquestionably shot dead two humans so that he could feed his cocaine habit: making some procedural argument for Curtis Osborne is going to sound like a lot of special pleading.

But those procedural arguments are the very guts of the animal. The U.S. death penalty proposes, as an institution, to attempt not the question, does Curtis Osborne deserve to die?, but the question, among hundreds of Curtis Osbornes, do we have the apparatus to justly distinguish the ones that deserve to die?

As an impoverished drug addict, Osborne was represented at trial by a since-deceased public defender named Johnny Mostiler.

If you search this case, the thing you’ll find immediately is that another defendant being represented at the same time by Mostiler would later swear that Mostiler told him, speaking of Osborne, “that little nigger deserves the chair.” And the context of the conversation was about how Mostiler had just received a plea offer that Mostiler didn’t plan even to relay to Osborne, for the aforementioned reason.

Pretty awful.

This sort of thing is hard to substantiate: the allegation comes from a man serving a murder sentence of his own, and Mostiler isn’t around to defend himself. But on its own, it’s a shocking claim and a reminder of how profoundly the trial attorney’s performance shapes the entire legal experience. As Time magazine put it, what if your lawyer wants you executed?

Whether Mostiler really dropped an N-bomb on Osborne’s case, we really don’t know. But it’s been said that capital punishment means those without capital get the punishment, and the fact of the matter is that not many of any race who have recourse to indigent defense are served at the bar by Atticus Finch.

Leave aside even that shocking racism allegation, one that no court saw fit to adjudicate. (Prosecutors called the racism claim “outlandish”; appellate court ruled it procedurally out of bounds.) Just reckon the structural situation.

The American Prospect profiled the blinged-out, fast-living Mostiler after his death — breathing not a word about Osborne’s case, which was nowhere on anybody’s radar — and described, essentially, the neoliberal project in action for public defenders.

Mostiler represented not only Osborne, but virtually every poor defendant in Spalding County, Georgia … because, in 1990, he’d pitched the county on a fixed annual contract. Mostiler argued that the county was

wasting money paying as many as 20 court-appointed attorneys $50 an hour to handle indigent cases without knowing exactly how many hours those attorneys would bill during any given year. Mostiler proposed instead that the commissioners pay him a flat fee to handle all of the county’s indigent cases, regardless of the number. That way the county would have to deal with only one lawyer, and it would know its final bill at the start of the fiscal year rather than at the end.

Let justice be done though the heavens fallwithin the confines of fiscal probity. This grift was going to be worth a good deal more than $400 … and come with its own body count, too.

Mostiler bragged about saving the county a good million bucks over the course of the nineties. That’s a new definition of the adversarial judicial process, fresh-minted for the race-to-the-bottom era: every exertion by a defense attorney on his client’s behalf costs him part of his own paycheck.

Small wonder that Mostiler hardly ever tried cases — no more than seven a year, he said, out of as many as 900 felonies. Most were dispatched within minutes in shotgun plea deals and no small number of those momentary clients remain on the inside of a Georgia penitentiary as we speak. Did we mention that Mostiler did all this “lawyering” in only 60% of his lawyer time? He kept up a lively private civil practice, too, one where he probably averaged more than 100 minutes per case.

Death sentences, of course, don’t result from plea bargains — but at Mostiler’s zero-sum rates he also wasn’t going to prep this like the Dream Team. Slate reported that

Mostiler never hired a psychiatrist to examine evidence that Osborne was a victim of childhood abuse, and was borderline retarded, despite a court-ordered sanity evaluation that had found “indications of depression, paranoia, and suicidal ideation.” He never examined the history of mental illness in Osborne’s family because, he said, he didn’t know how to conduct that kind of investigation. Mostiler called no expert witnesses to testify for his client and didn’t bother to interview the state’s experts before they appeared at trial. And he rejected appointment of a second attorney to help with Osborne’s defense, which the American Bar Association and all serious death penalty litigators say is essential if a capital murder defendant is to receive a fair trial.

Pretty damn awful.

Once Osborne’s conviction was in the books at the trial level, no appellate court could intervene without clearing a very high bar: would the evidence un-investigated and the argument un-made likely have made a difference? Could anyone prove that Mostiler described his client with a racial slur? Nobody could really say so. End of story.

It was 18 years between the time Osborne laid those two souls in the ground and the time he laid himself down on the gurney. The irony is that all that time, all those exhaustive appeals, left the most salient and troubling questions in his case un-examined. There were substantive questions here, but Georgia prevailed in a procedural argument that those questions remain closed.

All this unsalved death and sorrow, and all for what? So Curtis Osborne could have another hit. So Spalding County, Georgia wouldn’t have to trouble the property levies with billable hours. For nothing but a little bit of money.

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1918: Aloïs Walput, grenadier

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On this date in 1918, 21-year-old Aloïs Walput of the 2nd Belgian Grenadiers was shot at the Belgian North Sea town of Oostduinkerke, during the First World War.


Image from here.

He had killed his corporal two weeks before, and was one of “only” 13 Belgian soldiers executed during the Great War, either for military offenses such as desertion, or regular criminal ones such as Walput’s homicide.

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1967: Luis Monge, America’s last pre-Furman execution

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Forty-five years ago today, Luis Monge was gassed in Colorado for murder — the last execution in the United States before a decade-long lull in capital punishment in the U.S.

Monge, an insurance salesman with no prior history of violence, had a hearty brood of 10 children, but when his wife found out he was having an incestuous relationship with one of them, Monge bludgeoned the wife to death, and killed three of the young children just for good measure.

Monge pleaded insanity, and then when doctors found him sane enough to stand trial, just pleaded guilty — eventually dropping all appeals and asking to be hanged in public at the Denver City and County Building.

Despite the culprit’s preferences, his execution was stayed for all of 1966 while Colorado voters weighed a referendum on continuing the death penalty. They ultimately voted 3-1 in favor. (See this detailed history of the death penalty in the Columbine State.)

Even though Monge himself embraced execution willingly, his seven remaining children (also the children of, and siblings of, his victims: surely a difficult position) still fought for clemency, and shared Monge’s last meal with him.

Had Monge maintained his appeals, he — like four other Colorado inmates whose death dates were also on hold in 1966 — would likely have made it into the nationwide unofficial moratorium on executions that settled in while courts sorted out death penalty standards in the late 1960s and early-to-mid 1970s.* That period led into 1972’s landmark Supreme Court decision Furman v. Georgia, invalidating all existing death sentences in the country and sparing men much more nefarious than Luis Monge.

Instead, this date’s principal went to his death clutching a black rosary (and allegedly, and one must suspect apocryphally, asking if the gas would trouble his asthma)** and became a nigh-forgotten denouement from a closed chapter of death penalty jurisprudence, and the last man put to death in America until Gary Gilmore almost ten years later.

Apart from his milestone status vis-a-vis capital punishment nationwide, Monge is also the last person to die in the Colorado gas chamber.


The gas chamber that killed Luis Monge, now retired to Colorado’s Museum of Prisons. (cc) image from Cowtools, who also has a photo of Monge’s bullet-riddled grave marker.

In fact, Monge is currently still the second-last put to death in Colorado, period. It would be fully 30 years before Colorado executed again — in 1997, by lethal injection. As of this writing, it hasn’t done so again since.

* If Monge had avoided execution, the “last pre-Furman execution” milestone would be held instead by California’s Aaron Mitchell, the only man executed on the authority of California governor (and future U.S. president) Ronald Reagan.

** The man who pulled the lever for Monge’s execution, Canon City penitentiary warden Wayne Patterson, was not enthusiastic about the job. He describes his experience here, saying that “Monge was a guilt-ridden man who was nearly suicidal before he was executed. Those were the [kind of] guys who were executed — not the people I thought belonged in the chamber.”

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1739: Michael Blodorn, “selvmordsmord”

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On this date in 1739, Michael Blödorn was stretched out on a scaffold at Copenhagen’s beautiful Kongens Nytorv (King’s Square), where an executioner set about smashing his limbs with heavy wagon wheels.


A 1727 illustration of Danish prisoners broken on the wheel.

Scholar Tyge Krogh’s new book titled (and about) The Lutheran Plague of suicide-murder.

As he lay suffering, Blödorn sang vigorously — a joyful hymn to lift his soul to heaven.

That, indeed, was why he was being broken on the wheel in the first place.

Blödorn was part of an alarming trend in Lutheran countries that waxed especially strong in Denmark: a homicide-to-heaven loophole apparently licensed by the Reformation theology.

Crudely put, the scam is this: you have a sure ticket to salvation if you die with no un-repented sin on your soul. But the only real way to know when you’re going to die is to kill yourself … and since that’s a mortal sin, that’s even worse than risking the everyday mischance of life.

But do like Mike and kill a random stranger to incur a death sentence, and you get to check out pure as the driven snow: assured last-minute repentance with no suicidal downside. Everybody wins!

Um.

Actually carrying out this plan required what you might call a deep commitment to your theology: in an effort to discourage the practice without backing off the death penalty for murder, penalties for apparent suicide-by-executioner cases had been ramped up into an archaic bloody theater. Blödorn, a soldier, had already been suffering weekly floggings leading up to the execution. Civilian murderers could look forward to having the flesh ripped with red-hot tongs.


Ouch. A 1727 illustration of judicial penalties that might attend a suicide-murder: tearing with hot tongs, the breaking-wheel, and severed hands.

Still, selvmordsmord persisted (Danish link: or, here’s the same story in Norwegian).

At last in 1767, the Danes reversed course abandoned capital punishment for “melancholy and other dismal persons [who committed murder] for the exclusive purpose of losing their lives,” implementing instead sentences of humiliating hard labor: a punishment to fit the crime and also meet the larger society’s need for deterrence.

“This made Denmark a pioneer when it came to abolishing the death penalty,” said Danish academic Tyghe Kroghe, author of a new book about the suicide-murder phenomenon. “But it was not something they did proudly. The decision violated the religious understanding of the criminal system.”

Here’s Kroghe discussing his research … in Danish.

Crazy, right?

Executions of men and women who not only decline to fight their sentences, but even commit their capital crimes with the intent to engineer their own executions, are hardly confined to the foreign country that is the past.

Maybe you wouldn’t point the finger at Martin Luther any longer, but Denmark’s very last civil execution was of an arsonist so insistent about attempting murder that the authorities finally gave him the peace of the grave that he desired. We’ve seen in these pages the headsman courted by people motivated by depression and by romantic love.

And numerous more modern criminals right into the 21st century look every bit like selvmordsmord cases. For example:

  • Christopher Newton, who killed his cellmate to draw a death sentence and was executed in Ohio in 2007;
  • Daniel Colwell, who gunned down a couple randomly to “win” a death sentence in Georgia in 2003 but died before reaching execution;
  • Mamoru Takuma, the mentally disturbed author of Japan’s notorious Osaka school massacre, who committed the crime with no intent to escape and immediately demanded a death sentence (carried out in 2004).

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1928: Frederick Browne and Pat Kennedy, hanged by a microscope

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On this date in 1928, Frederick Browne and William Henry “Pat” Kennedy hanged simultaneously (but at different prisons: Pentonville and Wandsworth, respectively) for murdering an Essex policeman.

Police constable George Gutteridge was found dead in September 1927 on a byway near Howe Green, dressed in his full police regalia, shot four times in the face while apparently in the process of writing up a miscreant motorist.


Frederick Browne (top) and Pat Kennedy.

Two of the shots had been through each of Gutteridge’s eyes, conceivably in deference to the ancient superstition that dead men’s eyes preserve the last image they beheld in life. If that was the reasoning, Frederick Browne, the triggerman, was living in the wrong century.

The “Gutteridge murder” investigation — a national sensation from the time the constable’s mutilated body was discovered — took several months to hone in on suspects Browne and Kennedy, known car thieves with some history of violence. But the real break in the case was, well, a case: a cartridge case from a .455 Webley recovered at the crime scene. It would be the most eloquent witness against Browne and Kennedy.

The now-familiar science of forensic ballistics was, though not quite brand new, still an occult art in Anglo courts of law. Just days before Gutteridge’s murder, Sacco and Vanzetti had been executed in the United States based in part on ballistics studies. That gun-barrel research had been continued in the post-conviction appeals and clemency investigation, and provided one of the clinching pieces of evidence against the anarchists, but it was also ferociously contested.

In Great Britain, it was the Gutteridge case that put this field on the map for the general public — courtesy of professional gunsmith and ballistics investigator Robert Churchill.

Churchill used microscope analysis of the recovered casing to match the bullet not only to a .455 Webley, but to the .455 Webley recovered from Browne’s car: to that gun, and no other.

Post-Browne and Kennedy, murderers given to gunplay became very well advised to dispose of weapons once they’d been used: this case served notice that individual handguns left a sort of fingerprint on the rounds they discharged, and could thereby incriminate their owners months or years after the fact.

This conclusion was not universally embraced, perhaps owing in part to the role of ballistics in the controversial Sacco and Vanzetti affair: according to Basil Thomson, George Bernard Shaw wrote to Browne’s family during the trial to express his skepticism, complaining of the crown’s “manufactured evidence.” In 1932, the renowned barrister Patrick Hastings successfully repelled Robert Churchill’s firearms evidence at the high-profile murder trial of Elvira Barney.

But the reason Churchill was on the stand on that occasion was because his damning testimony in 1928, explaining where a small fault in the Webley’s breech block had scarred the bullet as it launched, not only sufficed to hang Browne and Kennedy* — “hanged by a microscope”, in the words of The Sunday Dispatch — but also launched a star career for Churchill personally, and made the bones of firearm ballistics for modern criminal trials.

* More precisely, the forensic testimony hanged Browne — who stuck with a flat denial, which the ballistics associated with his own gun refuted. Kennedy lacked the wit to shut his mouth and in the course of trying to spin his story to throw all the blame onto Browne also just by the by confessed to his own involvement.

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1416: Jerome of Prague, the first Hussite martyr

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On this date in 1416, the Council of Constance had Jerome of Prague burned at the stake in the town square.

This eloquent, injudicious theologian studied at Prague, Oxford, Paris, Cologne, Heidelberg … accumulating Master’s degrees along the way like a career graduate student, but repeatedly finding himself run off the premises on suspicion of heresy.

Jerome’s “heresy” was an excessively combative hostility to ecclesiastical corruption. And although Jerome was known for his rapier tongue, he didn’t always find the pen mightier than the sword: he got into a few physical scraps with his foes.

While in England, he copied out a manuscript of preacher John Wycliffe — whose radical piety (or pious radicalism) inspired the rebellious Lollard movement.

Back on the continent, Jerome fell in with Jan Hus. Ten years Jerome’s senior, Hus was and remains the first name in Bohemian religious reform, and the “Hussite” church he founded still retains his name.

After Hus unwisely accepted a guarantee of safe conduct to dispute at the Council of Constance, the more ornery Jerome slipped into town to propagandize on his mentor’s behalf. After placarding his way to trouble, he slipped back out and must have thought he’d had his cake and eaten it too … until he was caught in the Black Forest.

Jerome spent nearly a full year in a dungeon — the Council met for four years; it had a massive schism to sort out — and at one point the privations of imprisonment led him recant. He later bitterly regretted that concession to “pusillanimity of mind and fear of death,” but on a strictly doctrinal level Jerome of Prague wasn’t anti-Catholic: he just wanted the church to be less of a bunch of corrupt, overweening racketeers.

By the time he was ready to answer for himself, and his soul, he was well past any spirit of capitulation. A witness to the procedure wrote of Jerome on trial for his life:

I have never seen any one, who, in pleading, especially in a capital offence, approached nearer the eloquence of the ancients, whom we so greatly admire. It was so amazing to see with what fluency of language, what force of expression, what arguments, what looks and tones of voice, with what eloquence, he answered his adversaries and finally closed his defence. It was impossible not to feel grieved, that so noble, so transcendent a genius had turned aside to heretical studies, if indeed the charges brought against him are true.

…

When that part of his indictment was read in which he is accused of being “a defamer of the papal dignity, an opposer of the Roman pontiff, an enemy of the cardinals, a persecutor of the prelates and clergy, and a despiser of the Christian religion,” he arose, and with outstretched hands and with lamenting tones, exclaimed: “Whither now, conscript Fathers, shall I turn myself? Whose aid can I implore? Whom supplicate, whom entreat for help? Shall I turn to you? Your minds have been fatally alienated from me by my persecutors, when they pronounced me an enemy of all mankind, even of those by whom I am to be judged. They supposed, should the accusations which they had conjured up against me, seem trivial, — you would, by your decisions, not fail to crush the common enemy and opposer of all, — such as I had been held up to view, in their false representations. If, therefore, you rely upon their words there is no longer any ground for me to hope.”

Some of them he wrung hard by the sallies of his wit; while others he overwhelmed with biting sarcasms; and from many, even in the midst of sadness, he forced frequent smiles, by the ridicule which he heaped upon their accusations.

…

At length, launching out in praise of John Huss who had been condemned to the fire, he pronounced him a good, just, and holy man, altogether unworthy of such a death, — adding that he was also prepared to undergo, with fortitude and constancy, any punishment whatsoever, yielding himself up to his enemies and the impudent lying witnesses, “who would, at length, have to give an account of all they had uttered, before God, whom they could not possibly deceive.” Great was the grief of all that stood around him. Thee was a universal desire among them to save so noble a personage, could his own consent be obtained. Persevering, however, in his opinions, he seemed voluntarily toseek death; and continuing his praise of John Huss, he declared that man had never conceived any hostility to the church of God; but that it was to the abuses of the clergy, and the pride, pageantry and insolence of her prelates alone he felt opposed; for, since the patrimony of the church was due, in the first place, to her poor; then to her guests; and finally to her on workshops; it seemed to that good man, a shameful thing, to have it expended upon courtezans and in banquets; for the sustenance of horses and dogs, the adornment of garments and other things unworthy of the religion of Christ.

Most exalted was the genius of which he showed himself possessed! Often was he interrupted in his discourse by various noises; and greatly vexed by those who carped at his opinions; yet he left none of them untouched, but equally avenging himself upon all, he either covered them with confusion, or else compelled them to hold their peace. A murmur arising against him, he paused for a moment; and then, having admonished the crowd, proceeded with his defence, — praying and beseeching them to suffer one to speak whom they would soon hear no more. At none of the noise and commotion around him did he tremble, or lose, for a single instant, the firmness and the intrepidity of his mind.

“You will condemn me iniquitously and unjustly,” he prophesied to his judges, “and when I am dead, I shall leave remorse in your consciences and a dagger in your hearts; and soon, within a hundred years, — you will all have to answer me, in the presence of a Judge most high and perfectly just.”

Reports differ as to the subsequent standing of all these men’s souls. But for the church as a going earthly concern, Jerome nailed it almost exactly: 101 years after he followed Jan Hus to the stake,* that long-suppressed spirit of reform irrevocably splintered papal authority.

* In the very same spot where Hus himself was burnt.

On this day..