On this date in 1938, Austrian Martha Marek was guillotined in Vienna for several murders by poison.
She first came to the attention of the discerning interwar crime audience in 1925 when she and her husband Emil were convicted of insurance fraud: Emil claimed to have “lost his leg while chopping wood” just after having taken out a policy, but examination showed that the lost leg had actually been chopped off methodically — and clumsily. They both served a short stint in prison but at least Martha still had four good limbs to go with her wits.
Martha before her marriage had been the lover of a department store magnate five decades her senior who lavished money on her and left her a tidy inheritance to the chagrin of his family. She made her way in the world hitting mother lodes and living comfortably on them, and the time would come that poison would suit her ends better than seduction.
In July 1932, Emil died of apparent tuberculosis. The next month, the couple’s infant daughter Ingeborg died too. Martha, who had lately been reduced to peddling vegetables in the street, pocketed insurance payments on both.
Shortly after, she moved in with an elderly aunt, and the aunt soon died too — leaving her home and assets to her “caregiver”.
As this nest egg dwindled, Martha opened the place to boarders, and one of these poor souls also died — not before mentioning to some people that he always seemed to get sick when he ate Martha’s food. Turned out, Martha had insured his life too.
Martha actually got away with all of this at first, despite the agitation of the dead boarder’s relative. But she pushed her luck a little bit too far when she tried to fraudulently report some insured paintings as stolen in 1937. Persnickety insurance adjusters investigated, and the whole murder spree came out in the process. She was convicted for killing husband, daughter, aunt, and lodger with the rat poison Zeliopaste (thallium).
Austria’s traditional execution method had been hanging, and its traditional executive behavior had been to commute women’s death sentences.
However, the March 1938 Anschluss annexing Austria to Hitler’s Germany brought an update to Germany’s capital punishment policies. Hitler rejected the mercy application (it didn’t help that Martha was half-Jewish) … and prolific Third Reich executioner Johann Reichhart overpowered a violently struggling Martha Marek to behead her on the fallbeil.
On this date in 1922, James Mahoney hanged in Washington’s Walla Walla penitentiary for one of Seattle’s most notorious crimes.
Two years prior, a 36-year-old Mahoney had been released from that same prison after serving time for assault and robbery, then moved into a Seattle boarding house with his mother and sister.
He soon struck up a romantic involvement with the house’s owner, Kate Mooers. She was 68 years young, but James Mahoney was broad-minded enough to admire her wealth.
On April 16, 1921, the night the two lovebirds were supposed to hop a train for their honeymoon in Minnesota, James Mahoney hired a company to move a steamer trunk to Lake Union, and load it into a rowboat. Kate Mooers was never seen again, but Mahoney resurfaced in Seattle ten days later claiming that she’d decided to extend her honeymoon with a long jaunt to Havana, Cuba. In the meantime, well, hubby would be looking after her affairs.
Alerted to the suspicious events by Mooers’s nieces, police kept Mahoney under surveillance for three weeks as he gobbled up his wife’s assets. He was finally arrested before he could skip town, but only on charges of forging documents during his embezzlement binge. For harder charges to stick, Kate Mooers had to be located.
Captain [Charles] Tennant had a theory and ordered divers to begin searching the bottom of the northeast end of Lake Union near the University Bridge for a steamer trunk. Finally, having survived 11 weeks of criticism, the police found the trunk containing Kate Mahoney’s body. It bobbed to the surface on August 8, 1921, almost exactly where Captain Tennant said it would be. The autopsy revealed that Kate had been poisoned with 30 grains of morphine, stuffed in the trunk, then had her skull smashed with a heavy blunt instrument. Two days later, Jim Mahoney was charged with premeditated murder.
Resigned to his fate as his appeals dwindled away, Mahoney was reported to be in excellent spirits in his last days. He also made a written confession on the eve of his execution, forestalling his sister’s desperate attempt to claim the murder as her own in order to stay the hangman’s hand. (The sister still caught a jail term for forging Kate’s signatures.)
Now you must be brave and forget me. My whole life has been a torture to those who love me, and even as a little boy I used to dream of dying this way, and my dream has at last come true.
… If my soul can do you any good in the next world I will always be watching over you. Good-bye and God bless you all.
On this date in 2000, Japan hanged three fifty-something murderers.
While Takashi Miyawaki and Kunikatsu Oishi were rather garden-variety criminals who killed family members over private vendettas, Kiyotaka Katsuta had been impressively dignified by one of his judges as the “most maliciously evil criminal in Japanese history.”
The former firefighter was convicted of eight murders but twice or even thrice that number might lie upon his soul.
He got started in 1972, strangling and robbing a Kyoto bar hostess.
Having found a workable m.o., Katsuta murdered and stole from (police suspected rapes, too, but couldn’t prove it) another four women over the 1970s. Then he moved on to armed robbery of men, stealing a gun from a policeman and killing at least three (with others wounded) in his various stickups — deeply shocking in Japan where guns are hard to own and firearm crime vanishingly rare.
Katsuta was so notorious after his 1983 arrest that a movie came out based on his crime spree.
In the will scribbled out during the few minutes he had left after being informed of his imminent execution, Katsuta professed that he had “managed to lead myself to a spiritual state of resignation.”
One of his victims’ family expressed a different form of closure — that Katsuta’s hanging “has made us feel we at long last have become able to close a chapter in our anguish, although we still feel never able to forgive the perpetrator.”
Elli Barczatis hooked up in 1949 with Karl Laurenz when both worked in the DDR Ministry of Industry. (Both these links are in German, as are most that follow.)
Their careers went in opposite directions thereafter. Barczatis scored a plum appointment as Prime Minister Otto Grotewohl‘s administrative aide while Laurenz got booted out of the Communist party altogether for political unreliability: he’d been a mere social democrat before the communist takeover.
Laurenz started scratching out a living as a freelance journalist in both East and West Berlin, prior to Berlin Wall days, and was recruited by West Germany’s intelligence service to brief them on the goings-on in the East.
In December 1950, a former coworker saw Barczatis and Laurenz at a cafe rendezvous — and saw Barczatis pass the reporter a sheaf of papers. The coworker reported it to East Germany’s secret police, the Stasi.
Because of Barczatis’s proximity to the head of government, the Stasi had to investigate the tip with great delicacy. But no matter; the East German spooks could be patient as death when the occasion demanded. So over the course of four-plus years, they cautiously surveilled, and eventually entrapped, the lovers.
At last, on March 4, 1955, those grim security men arrested Barczatis at her apartment in the suburb of Kopenick. Laurenz, returning laster that day to the East from a West Berlin meeting with intelligence officers, was nabbed as well.
Laurenz confessed to espionage right away; it might have been a cathartic experience for him. “The accused became provocative, comparing the State Secretariat for State Security of the German Democratic Republic with the fascist Gestapo and the Nazi SD,” a Stasi officer reported after marathon interrogation sessions. “He remarked that the treatment of prisoners by the State Secretariat for State Security is worse than the treatment by the SD and the Gestapo.” But the doomed spy still stubbornly protected his contacts, sources — and Elli Barczatis. He insisted that she was more leaker than spy, and gave him information thinking only that it was background for his reporting.
What was the extent of Elli Barczatis’s espionage? What did she betray that justified her execution? Incredibly, the interrogation record reveals not a single instance in which she furnished Laurenz with material so sensitive that it could be interpreted as having endangered the security of the communist state. She betrayed no military or defense secrets. She merely told her friend about letters her office received from the populace complaining about food shortages; mismanagement that created problems in industry; government personnel changes; and Westerners who visited Prime Minister Grotewohl. The absurdity of all communist regimes was that such tidbits of information were considered state secrets.
Baczatis’s and Laurenz’s beheading on the fallbeil was the culmination of a mid-Fifties security crackdown by East Germany that also eliminated (although not by execution) at least two other highly-placed West German assets, Hermann Kastner and Walter Grosch. (Source.)
On this date in 1903, Peter Mortensen was shot over a lumber bill.
The evidence against Peter Mortensen was circumstantial: a moonlight witness, some unexplained cash, and a perceived insufficiency of vigor in insisting upon his innocence when suspicion fell upon him.
Though this much sounds pretty speculative, Mortensen’s very direct pecuniary interest in Hay’s death was harder to wave away. Mortensen, a Salt Lake contractor, owed money to George Ernest Romney’s* Pacific Lumber company. On the evening of December 16, 1901, he summoned Romney’s employee James R. Hay — who was also Mortensen’s friend, neighbor, and fellow-teacher at a Mormon Sunday school — to pay up.
Hay never made it home.
The next day, Mortensen had a receipt for the payment in Hay’s hand, and Hay had a cashless grave and a bullet hole in his head. Rarely have means, motive, and opportunity converged so exactly.
Public sentiment against Mortensen was so overwhelming** that selecting an impartial-ish jury proceeded at a weeks-long crawl as Mortensen’s attorney met prospect after prospect by bluntly asking whether they had formed an opinion as to his man’s guilt. Prospect after prospect confirmed that they had done. By the end, the court had been reduced to issuing “open venires” bypassing the regular jury summons process and authorizing anyone handy to be inducted into the jury pool. Deputies scoured Salt Lake City like press gangs, hunting for possible jurymen.
In all, the court dismissed some 600 prospective jurors for bias (which was quite a lot for the time), and ran through $4,500 in that process alone (likewise).
Those finally seated had to weigh, along with the more conventional indicia of guilt, the inflammatory witness testimony of James Hay’s father … who said he didn’t just have a pretty strong suspicion about the defendant, but that he actually knew Mortensen did it. “God revealed it to me,” the elder Hay said with “tears streaming down his cheeks” according to a report in the Idaho Daily Statesman of June 6, 1902.
He appeared to me by the Holy Ghost and put the words of His Spirit into my mouth. I had to utter them, for I knew they were true. I cannot and will not deny it here, neither will I deny it when I meet my God on the last day.
This is not the only manifestation I received. On Tuesday noon I saw the trail of blood leading from the railroad tracks to where my son-in-law was buried. I saw it in a vision just as plainly as when I afterwards visited the spot.
Again, this is judicial testimony in an American courtroom in the 20th century.
The fact that it appeared — and that the trial court refused a defense demand to instruct the jury not to consider supernatural visions in the light of real evidence — formed the central argument of Mortensen’s appeal. In the end, Utah’s Supreme Court refused to vacate the sentence. Still, the weird appearance of “divine revelation evidence” in a Utah courtroom led the Mormon patriarch Joseph F. Smith to issue a finding distancing the Church of Jesus Christ of Latter-Day Saints from any embarrassing mummery:
[N]o member of the Church of Jesus Christ of Latter-day Saints should, for one moment, regard such testimony as admissible in a court of law, and to make the case perfectly clear it may be further stated that such evidence would not be permissible even in a Church court, where rules of evidence, though not so technical, are founded largely upon the same principles that govern the rules of evidence in a court of law. Any attempt, therefore, to make it appear that such evidence is in keeping with the tenets of the “Mormon” faith is wholly unjustified
About six weeks before Mortensen’s execution, a prison break took place at the penitentiary. It’s been given out latterly that the arrogant Mortensen was so unpopular even with his fellow-prisoners that they intentionally left him stuck in his cell. 1903 press accounts appear to indicate otherwise — that he was not the only convict left stuck in his cell, and that Mortensen’s particular rum luck wasn’t a social lack but a digital one: somebody dropped the necessary set of keys. Either way, there was no way out, and neither when Utah’s governor interviewed Mortensen personally to see about his mercy application. Never mind his popularity with prisoners; Mortensen’s continued insistence on innocence while pleading for his life was the real diplomatic failure.
Mortensen selected shooting rather than hanging as his method of death, and went to it “firm as a rock.” He left only a last statement repeating his vociferous and widely disbelieved denial of Hay’s murder.
To the world I want to say and swear by the heavens above, by the earth beneath, and by all I hold near and dear to me on this earth, that I am not guilty of that cowardly murder of my dearest friend. I ask therefore no man’s pardon for aught that I may have done in life. I am confident that my life is an example to most people. I lay no claim — please strike out the last two words — I do not say that I am better or more worthy of respect of the world than the average man, but I have done my duty to my father and mother, my brothers and sister, and to other near relatives. I have done my absolute duty toward my wife and my five little babies. May God keep and care for those sweet darlings.
** Even Mortensen’s wife thought him guilty, for he had gone out that fatal evening of the 16th with Hay, and returned an hour later “deathly pale.” However, while God’s hearsay to Mr. Hay was available in open court, Mrs. Mortensen’s evidence was not: Utah law prohibited wives testifying against their husbands.
JOHANNESBURG, Oct. 28. The Rand Daily Mail, in an article dealing with the economic situation of the Union, gives striking figures illustrating the steady advance of the gold industry on the march towards prosperity.
Profits for the July-September quarter show an increase of £1,136,000 over the previous quarter. This has been accomplihed not only by lowering wages, but by all-round improvement in efficiency per unit, mining costs having fallen from 25s. 8d. in 1921 to 20s. 5d. in September, 1922 …
[T]he Rand Daily Mail says that these facts “represent unmistakable omens of coming prosperity which should steel the downhearted farmer to greater effort and encourage the suffering industrialist throughout the Union, and transform the pessimism of the merchant into healthy confident and hope.” (London Times, Oct. 30, 1922)
THREE RAND EXECUTIONS.
ANTI-GOVERNMENT RIOT.
(From our correspondent.)
JOHANNESBURG, Nov. 17. The bitterest feeling prevails among the workers over the refusal to reprieve the three men, Long, Hull, and Lewis, who were condemned to death for murder in connexion with the Rand revolt, and were executed at Pretoria to-day.
Appeals for mercy poured in till almost the last moment, and an open-air mass meeting was held, in which prominent Communists took part. At this meeting angry and threatening speeches were made; the names of General Smuts and Sir Lionel Phillips were boohed, and the crowd attempted to break into the Town Hall, severely injured a detective, and was finally dispersed by armed police. The public generally approves the Government’s firmness. The condemned men sang the Red Flag on the scaffold. (London Times, Nov. 18, 1922)
“Come dungeons dark or gallows grim the sun will be our parting hymn.”
FUNERAL OF RAND MURDERERS.
COMMUNIST APPEAL TO CHILDREN.
(From our correspondent.)
JOHANNESBURG, Nov. 19. Remarkable scenes recalling the funeral of the victims of the great strike of 1913 were witnessed at the burial of the remains of Long, Lewis, and Hull, who were executed on Friday. The coffins, in separate hearses, were followed by thousands of workers, with banners and regalia, representing every trade union. “The Red Flag” was sung at the graveside and addresses were delivered, in which members of Parliament, of the Provincial Council, and Town Councils participated.
…
The latest development of Communist propaganda in Johannesburg is the distribution broadcast among children and students as they are leaving their schools and colleges of a pamphlet denouncing as “legalized murder and a blot on history” the execution of the men convicted of murder at special treason courts. (London Times, Nov. 20, 1922)
At 6:45 a.m. on this date in 1969, the Chinese Marxist statesman and intellectual Liu Shaoqi passed away secretly in a room of the Kaifeng Municipal Revolutionary Committee building.
He had not been executed in the literal sense. But his death was the mere bodily consequence of an Orwellian civic annihilation: the onetime President of China, fallen to unperson. Like the Man in the Iron Mask, his identity was secret from his own guards (and later from the crematorium workers who disposed of the remains); his own children did not learn of his death until 1972.
A years-long factional struggle within the Chinese Communist Party would ensue, pitting Maoists against a more reform-minded clique.
Liu and the reformers got the worst of it in the 1960s. Mao and Maoists seized power back in the 1966 Cultural Revolution, and purged Liu as a “capitalist roader” — “China’s Khrushchev” ran one denunciation.
The renegade, hidden traitor and scab Liu Shaoqi and other sham Marxists and political swindlers … dished up the theory of taking the electronics industry as the center … They also said, “The development of a modern electronics industry will bring about a leap forward in our industry, and it will be a starting point for a new industrial revolution in the history of China.” This is a reactionary principle for opposing the principle of taking steel as the key link.*
Liu endured months of frightful public harassment leading up to his September 1967 arrest: there were episodes when Mao’s “Red Guards” broke into his official residence and even plastered Liu’s own walls with anti-Liu placards,** as well as “struggling against” campaigns with mobs of anti-Liu demonstrators hurling abuse while Liu was made to stand in a pose of contrition. The formal allegations, for whatever such things are worth, were that Liu worked as a World War II traitor for the Americans, Japanese, and/or nationalists.†
Liu was badly mistreated in custody, possibly as a way to kill him off extrajudicially or just for the sadistic pleasure of bringing one who once stood so high to the depths of literally wallowing in his own shit. By summer 1968 Liu was suffering from pneumonia, cankered with bedsores, and could only be fed through a nasal tube. His neglectful medical care gradually wasted him to death.
Mao himself died in 1976. A reformist and onetime Liu ally, Deng Xiaoping, eventually emerged as China’s post-Mao leader. Soon thereafter the Chinese Communist Party officially rehabilitated Liu and declared several of his writings, so recently forbidden, to be “Marxist works of great significance.” He has remained an official hero, and political martyr, ever since.
* 1971 salvo quoted in Lowell Dittmer, “Death and Transfiguration: Liu Shaoqi’s Rehabilitation and Contemporary Chinese Politics,” The Journal of Asian Studies, May 1981.
** “The Kuomintang vilified me for years but never used such language,” recalled Liu’s wife — who survived a decade in prison herself after her husband’s fall.
† Mao’s widow would later admit that thousands of people were detailed to comb through the records of the Japanese occupation in search of anything prejudicial to Liu.
Although his crimes were committed in Australia and were not war-related, he was court-martialed and sentenced to die under American military law.
This was the first and last time a foreign national who committed crimes in Australia was tried and sentenced under the laws of their own country. Eddie was only the second U.S. serviceman to be executed in World War II. (The first, James Rowe, had been convicted of murdering another soldier and was hanged in Arizona just three weeks earlier.)
Known as the “Brownout Strangler” due to his penchant for attacking women at night on Melbourne’s dimly lit streets, Leonski killed three people and assaulted several others of the course of just over two weeks, from May 3 to May 18, 1942. He said he was fascinated by women’s singing and killed his victims to “get at their voices.”
Leonski was born in New Jersey in 1917, the sixth child of Polish/Russian immigrant parents, and grew up in New York City. Crime historian Harold Schechter notes he had the kind of unstable childhood, dysfunctional family background and mommy issues typical of serial killers:
Both [parents were] confirmed alcoholics. He was seven when his father abandoned the family. Not long afterward, his mother, Amelia, took up with another drunkard. She herself suffered at least two mental breakdowns, severe enough to land her in Bellevue, where she was diagnosed with both manic-depression and incipient schizophrenia. From an early age, three of his brothers were chronic troublemakers, eventually racking up lengthy rap sheets. One of them ended up in a state institution, where he lived out his life.
According to all accounts, Eddie was the apple of his unstable mother’s eye. He, in turn, had the kind of deeply disturbing attachment to her found in other homicidal mama’s boys.
On the surface Eddie seemed to have risen above his origins. He began weight-lifting in adolescence and eventually developed an impressive physique. Following high school he took a three-year stenography course and graduated in the top ten percent of his class. He was a promising employee at a Manhattan supermarket chain before he was drafted into the Army in 1941.
Leonski didn’t do nearly so well in the military: although he was reliable and charming when sober, he drank heavily and was unstable and aggressive when under the influence. As a result, he was always in some minor trouble or another.
But there was a war on and the United States was not in a position to be picky about who would serve. Eddie was sent to Australia in early 1942.
Only weeks after his arrival, he began attacking women and trying to choke them. The first few times, he was interrupted and had to flee before he could accomplish his purpose. Then his crime spree was interrupted in the last week of March after he went AWOL on a six-day bender and was thrown into the brig for a month. As soon as he got out he began stalking women again.
At 2:00 a.m. on May 3, an extremely intoxicated Leonski encountered 40-year-old Ivy Violet McLeod waiting for a streetcar near a dry cleaner’s. He strangled her to death and ripped off her clothing, but was scared away when he heard footsteps.
McLeod’s body was found several hours later: “legs wide apart and feet tucked under her thighs, with genitals exposed.” Her killer had not had time to rape her.
A week later, Eddie was in a restaurant when he struck up a conversation with 31-year-old Pauline Buchan Thompson, a policeman’s wife and mother of two. They went to a bar after dinner and spent several hours talking and drinking.
Close to midnight, Eddie offered to escort her home. On the way, Mrs. Thompson started drunkenly singing.
“She had a nice voice,” he said in his confession. He got angry when she stopped: “I got mad and then tore at her, I tore her apart.”
A few hours later a night watchman found her body on the very steps of her boardinghouse. Like Mrs. McLeod, she was nearly nude with her legs splayed, but had not been raped.
Hours later, a hung-over Eddie Leonski was nursing the hair of the dog that bit him when he told a fellow soldier what he’d done. He made more statements about the two murders over the next few days, but his friend didn’t believe him and told no one what Leonski was saying — time during which Leonski made three more unsuccessful assaults on women.
Eddie’s friend finally took him seriously on the morning of May 19, after the body of 41-year-old Gladys Lillian Hosking was found sprawled in a patch of yellow mud outside Camp Pell, where the American soldiers were stationed.
The previous night, Eddie had come in after midnight, slathered head to toe in the same yellow mud. Too drunk to clean himself up (he’d consumed an incredible thirty beers and seven whiskeys that day), he just shed his soiled clothes and collapsed into bed.
Leonski’s friend finally went to the cops.
When he was arrested, Eddie made no pretense of innocence: he quickly confessed, and various witnesses to his aborted attacks identified him. (That said, Ivan Chapman’s out-of-print book on Leonski makes the point that the evidence against him might not really have held up without those confessions: 1940s forensics techniques would not have yielded a positive match to a victim from his bloodstained trousers, and the yellow mud could easily have been picked up innocently by any drunken G.I. who stumbled traversing the trench.)
Fredric Wertham, a noted forensic psychiatrist who never met Leonski, believed he was insane and the murders were prompted by his twisted relationship with his mother:
That his three victims were all women considerably older than he was is psychiatrically most significant. He unconsciously linked their voices with his mother. The whole psychological explosion occurred in a period of deprivation when he was away from home and separated from his mother — but not from her dominating image. The deeds constituted symbolic matricide.
Very Norman Batesian.
Army psychiatrists, however, believed that while Eddie Leonski was certainly a psychopath, he was not psychotic and was fully aware of the wrongfulness of his acts. Douglas MacArthur personally signed the death warrant.
Eddie maintained a positive, chipper attitude awaiting execution. He spent his time memorizing Oscar Wilde’s Ballad of Reading Gaol, and converted to Catholicism, and went to the gallows singing a popular song that was called, ironically, “It’s a Lovely Day Tomorrow.”
His remains were moved several times before finally finding a permanent grave in a military cemetery in Hawaii. The Australian modernist artist Albert Tucker made a painting titled “Memory of Leonski.” The film Death of a Soldier is based on his crimes.
On November 7, 1918, mere days before the end of World War I, British privates Louis Harris and Ernest Jackson were shot for desertion and cowardice. Jackson, of the 24th Battalion Royal Fusiliers, and Harris, of the 10th Battalion West Yorkshire Regiment, were the last British soldiers shot for military offenses in the First World War.
Jackson had been conscripted into the military in July 1916 and sent to France in November. He first ran into trouble in April 1917, when he went AWOL for 28 hours and was sentenced to two years in prison. In most cases the sentence would have been suspended, but for some reason that didn’t happen with Jackson and he spent sixteen months behind bars before he was released and returned to his battalion in August 1918.
A little over a month later, on September 29, he disappeared from his battalion transport lines near Flesquières, where he’d been sick and waiting to be sent to the field ambulance.
Arrested on October 3, Jackson got sent back to the to the 24th Battalion, which was then at Noyelles, 3,000 yards from the front lines. By mid-afternoon he had dropped out of sight again, but was arrested by the military police the next day at Douellens. On October 8, Jackson’s NCO found his arms and equipment in a shelter not far from where he’d gone missing.
Jackson faced a Field General Court Martial (FGCM) on three charges:
Going AWOL on September 29
Deserting on October 4
“Shamefully casting away his arms, ammunition and equipment in the presence of the enemy” on October 4
When asked to explain himself before the tribunal, Jackson said, “I left because I could not stand the treatment I was receiving. I wanted to get away from everything … I have been looked down on by everyone and that is the cause of my being here today.” He added that both his parents had died in insane asylums and he himself suffered from “mental problems caused by worries.”
The FGCM would have none of it and sentenced Jackson to death. He was shot at St. Python in northern France at 6:10 a.m. He was 32 years old.
Nineteen minutes later and 25 kilometers away, at Locquignol, Private Louis Harris faced the firing squad.
Harris had volunteered for the Army in 1915, but was discharged as unfit. He got conscripted in 1916, however, and was sent to France in July, where he served as part of a Lewis gun team. On September 2, in the middle of an attack at Rocquigny, while there was “no firing and practically no opposition,” Harris ditched his kit and his comrades and vanished. He was arrested the next day and faced an FGCM for desertion and cowardice.
Harris — surprisingly … was not defended at his trial and made no attempt to cross-examine any of the witnesses, nor did he make a statement in his own defence. It would appear that the 23-year-old soldier either did not understand the seriousness of his position, or was resigned to his fate.
He was found not guilty of cowardice, but guilty of desertion, and his bad record (which included repeated charges of insubordination) was held against him. His CO wrote, “Pte. Harris L. has not got a good record in this Battalion. His fighting value is NIL.” The Brigade Commander agreed, summing up his case thusly:
I recommend that the extreme penalty be carried out for the following reasons:
Pte. Harris’s action was deliberate.
He has previously attempted to desert unsuccessfully.
He is worthless as a soldier.
During an action he deliberately abandoned his comrades.
His example is a disgraceful one.
Harris’s execution was, as previously stated, the last. Four days later on November 11, the war ended and all death sentences for military offenses were commuted to penal servitude. In 1929 the death penalty was abolished for desertion and other military crimes.