Author Archives: Mary OGrady

1762: Jean Calas, intolerably

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(Thanks to Mary O’Grady for the guest post. -ed.)

In the 1760s, Toulouse was no place for a Huguenot, not even for an affable, prosperous paterfamilias like Jean Calas. The whole southwestern region of France barely tolerated Protestants.

The Calas household included two adult sons, Louis, who had converted to Roman Catholicism, and Marc-Antoine, their sisters, as well as their parents, Jean Calas and his wife, and a longtime maid who was Catholic. Monsieur and Madame Calas and their daughters were Protestant, as was Marc-Antoine. Friends and associates described the ménage as placid, except for occasional outbursts of misbehavior by elder son Marc-Antoine.

Jean Calas was a textile dealer. On October 13, 1761, young Marc-Antoine Calas was found hanged in his father’s shop. Wishing to spare the family’s reputation from the stigma of suicide as well as his son’s corpse from the mutilation which was customary for suicides, Jean Calas at first claimed to the authorities that an intruder killed his son.

An ugly rumor swept Toulouse: Marc-Antoine was murdered by his own parents, because he planned to convert to Catholicism. (Never mind that Jean Calas kept his Catholic son Louis in the bosom of his family and employed a Catholic servant.) Jean Calas was arrested and subjected to a trial that was anything but fair; by this time, he had admitted, too late, that his son had hanged himself, probably over gambling debts.

No dice. The appellate court of Toulouse condemned Jean Calas to death on March 9, 1762. The execution was set for the following day.

Murder of a family member was held to be a particularly hideous crime, and hideous was the penalty: breaking on the wheel. Jean Calas was tied to a cartwheel in the main square of Toulouse. His limbs were broken with iron rods. He proclaimed his innocence until the executioner finally strangled him to death.

L’affaire Calas inspired Voltaire to new vigor in his fight for religious toleration. In 1763 he published A Treatise on Tolerance, a landmark document which remains well-read today.

O different worshippers of a peaceful God! if you have a cruel heart, if, while you adore he whose whole law consists of these few words, “Love God and your neighbor,” you have burdened that pure and holy law with false and unintelligible disputes, if you have lighted the flames of discord sometimes for a new word, and sometimes for a single letter of the alphabet; if you have attached eternal punishment to the omission of a few words, or of certain ceremonies which other people cannot comprehend, I must say to you with tears of compassion for mankind: “Transport yourselves with me to the day on which all men will be judged and on which God will do unto each according to his works.

“I see all the dead of past ages and of our own appearing in his presence. Are you very sure that our Creator and Father will say to the wise and virtuous Confucius, to the legislator Solon, to Pythagoras, Zaleucus, Socrates, Plato, the divine Antonins, the good Trajan, to Titus, the delights of mankind, to Epictetus, and to many others, models of men: Go, monsters, go and suffer torments that are infinite in intensity and duration. Let your punishment be eternal as I am. But you, my beloved ones, Jean Châtel, Ravaillac, Damiens, Cartouche, etc. who have died according to the prescribed rules, sit forever at my right hand and share my empire and my felicity.”

…

May all men remember that they are brothers! May they hold in horror tyranny exerted over souls, just as they do the violence which forcibly seizes the products of peaceful industry! And if the scourge of war is inevitable, let us not hate one another, let us not destroy one another in the midst of peace, and let us use the moment of our existence to bless, in a thousand different languages, from Siam to California, [God’s] goodness which has given us this moment.

-Voltaire, A Treatise on Tolerance

As a result of Voltaire’s efforts, 50 French judges were appointed to a panel to review Jean Calas’s case. Their charge was to decide whether anti-Huguenot prejudice had cost Jean Calas his life. They reversed Calas’s conviction on March 9, 1765, the third anniversary of the poor man’s condemnation.

A few French books about Jean Calas

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1999: James Beathard, on the word of a known liar

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(Thanks to Mary O’Grady for the guest post. -ed.)

Murder is not a common occurrence in Trinity County, Texas. The shotgunning of three members of the Hathorn family in their trailer home on the evening of October 9, 1984 remains notorious, even among locals who were not yet born on the date of the crime.

Clues scattered at the crime scene, African-American human hairs and Kool cigarette butts, were supposed to convince authorities that a certain sort of suspect had killed Gene Hathorn, Sr., his wife Linda Hathorn, and their teenaged son Marcus Hathorn. Mr. Hathorn’s recent receipt of a $150,000 property settlement and his recent disputes with his elder son, Gene Hathorn, Jr., led law enforcement in a different direction. Less than one month after the bodies were found, Gene Hathorn, Jr., and his running buddy James Lee Beathard faced charges of capital murder.

Prosecutors developed evidence that Gene Hathorn, Jr., hatched the plot to kill his family in order to inherit his father’s new wealth. It seems he was unaware that his father had formally disinherited him three weeks before he was murdered.

James Beathard was first to stand trial.

Called to the witness stand by District Attorney Joe Price, Gene Hathorn, Jr., testified against Beathard, to devastating effect. Hathorn claimed that Beathard entered the trailer, killed all three victims, and planted the false clues, while he himself fired only one shot through a window. Beathard was sent to death row.

When the younger Hathorn was brought to trial, District Attorney Price reversed his theory from Beathard’s trial, depicting Hathorn as the “inside man” and the strategist who believed he had concocted the perfect crime. Gene Hathorn, Jr., joined James Lee Beathard on Texas’s death row. Hathorn recanted his testimony against Beathard. No appeals court took notice.

In the mid-1980s, Texas’s male death row occupied part of the aging, red brick and steel Ellis I prison unit outside Huntsville. For prisoners such as James Beathard and Gene Hathorn who conformed themselves to the rules, a considerable amount of communication with other prisoners and with the outside world remained possible. Each of these sons of East Texas soon found himself editor of a death row periodical, the Lamp of Hope in Hathorn’s case and the Texas Death Row Journal for Beathard. Over the years, Beathard emerged as a prolific letter-writer and essayist, publishing a brief nonfiction piece describing life on death row in the British Guardian Weekly in August, 1996.

Beathard’s talent as a correspondent won him considerable sympathy during his fourteen years on death row. As they exchanged letters, American playwright Bruce Graham fictionalized Beathard in his short play, Coyote on a Fence.

James Beathard’s intelligence and powers of articulation were unusual among death row prisoners. Since he could be trusted to exit and re-enter his cell with no fuss and to refrain from blithering forth psychotic delusions, he was sometimes trotted out when prison authorities needed a condemned man to meet the press.

James Beathard’s appeals ran out at last in 1999. He was executed, still protesting his innocence, on December 9th of that year.

His partner in crime, Gene Hathorn, Jr., won an appeal in 2009 based on his trial attorney’s failure to introduce evidence of his father’s abuse of him in childhood. He is now serving consecutive life sentences, reportedly working as a prison cook in general population.

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1998: Kenneth Allen McDuff, Texas nightmare

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(Thanks to Mary O’Grady for the guest post. -ed.)

Kenneth Allen McDuff grew from the small-time bully of tiny Rosebud, Texas, to a feared and reviled killer finally apprehended with the help of the America’s Most Wanted television series. By the time of his execution on November 17, 1998, he stood as a symbol of how the best-intentioned prison reforms could bring the most hideous results.*

In 1966, on parole for a string of burglaries, McDuff was first sentenced to death for the brutal murder of three teenagers he kidnapped and killed. The female member of the trio was sexually abused and raped for hours before McDuff used a broomstick to snap her neck “just like you’d kill a possum,” in the words of Falls County Sheriff Brady Pamplin, one of the first generation of Central Texas lawmen to deal with McDuff.

He remained on death row until 1972, when the U.S. Supreme Court in Furman vs. Georgia struck down all death penalty statutes in the United States. McDuff’s sentence was commuted to life imprisonment, which left the possibility of parole.

A rape and attempted murder for which McDuff was never prosecuted resulted in a daughter who at the age of 21 visited McDuff in prison. Her visits ceased after McDuff described his fantasy of taking her to Las Vegas and pimping her out to earn himself a fortune.

A prisoner’s fifteen-page handwritten lawsuit, Ruiz vs. Estelle, exposed conditions in Texas prisons which proved unconstitutionally inhumane, including the use of inmates as guards. (McDuff ascended to the position of boss over fellow convicts following his exit from death row into the general prison population; his perks included a “gal-boy” who traded the usual personal services for McDuff’s protection from white supremacist former gang associates whom he had offended.) Ruling in the Ruiz case, Federal Judge William Wayne Justice placed the Texas prison system under the control of a Special Master and ordered that traditional prison overcrowding must cease.

The Texas parole board was ordered to release 150 prisoners a day, to reduce the prison population to the 50,000 for which there was adequate capacity. Despite a 1982 conviction for attempted bribery of a parole board member, McDuff made parole in early October of 1989. Waco’s U.S. Marshall Parnell McNamara could only ask, “Have they gone crazy?”

Author Gary Lavergne also maintains McDuff information on his website, including this collection of photos and this list of victims.

Kenneth Allen McDuff was a rarity on Texas’s death row: He was a son of the middle class among the poorest of the poor. On parole, his family furnished him with motor vehicles as needed, and a credit card so that he would not have to carry cash in his chancy, drug-ridden haunts along the Interstate 35 corridor of Central Texas.

Even a new arrest in July 1990, after he chased and threatened some black teenagers and then spewed racist invective at his parole revocation hearing, did not suffice to return him to prison. Six women, three of them drug-addicted prostitutes, have been verified as murder victims of Kenneth McDuff between his parole date in 1989 and his arrest as a fugitive in Kansas City on May 4, 1992; there may well be others whose identities will never be known.

McDuff was tried for the abductions and murders of Melissa Northrup, a convenience store clerk, and Colleen Reed, an accountant. He was convicted and sentenced to death in both cases.

Parole requirements for violent Texas criminals were stiffened substantially as a direct result of McDuff’s career, by the regulations of the parole board and by the Texas Legislature. (The statutes are known as the McDuff Laws.) McDuff by all accounts became the most hated man in the Texas prison system; once returned to death row, he was held in administrative segregation for his own protection from his latest arrival in 1993 until his execution.

Progressive Democrat Ann Richards was Governor of Texas at the time of McDuff’s last trial. A recovering alcoholic, she created an unprecedented emphasis on drug and alcohol treatment for Texas prisoners, the overwhelming majority of whose crimes involved substance abuse of one kind or another. No one appreciated the irony more than she: a governor dedicated to rehabilitation of prisoners was forced to kick off the biggest prison building spree in Texas history, to comply with the federal court’s orders on prison overcrowding while trying to ensure that Texas would never again see the likes of Kenneth Allen McDuff.

It took six years for law enforcement officers to persuade McDuff that his continued refusal to reveal where he had hidden the bodies of several of his victims offered him no sort of advantage. Some remains were located by means of hand-drawn maps, but maps did not suffice in every case. A few days before his execution, an unusual excursion party set out from the Ellis I prison outside Huntsville: a caravan of unmarked cars with dark-tinted glass carried McDuff, locked to a back seat and disguised with a baseball cap, on a “clandestine high security move.” Never allowed out of the car, McDuff directed investigators to the shallow grave of Colleen Reed, whom he kidnapped from an Austin car wash on December 29, 1991. Shortly thereafter, McDuff’s nephew received a reduction in his sentence for drug dealing.

McDuff never expressed remorse for any of his crimes. A lifetime of cheap beer and needle drug abuse was catching up to his liver when he climbed on the Walls Unit gurney on November 17, 1998. His last words: “I am ready to be released. Release me.”

* See Gary Cartwright’s “Free to Kill” Texas Monthly, Aug. 1992, Vol. 20, Issue 8, p. 90.

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