1926: Petrus Stephanus Hauptfleisch, mother-murderer

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

At 7:00 a.m. on this date in 1926, alcoholic and all-around loser Petrus Hauptfleisch was hanged in South Africa for the murder of his elderly mother nearly two years earlier. The case is detailed in Rob Marsh’s book Famous South African Crimes, available to read for free here.

Hauptfleisch had lived with his mother well into adulthood. When World War I started, he joined the army and served in Europe for four years.

After his return to South Africa in 1919, he demonstrated signs of having grown up a bit: he got a job as a butcher, married and had a young child. He and his wife fought constantly, however. He had a violent temper and drank heavily, to the extent that eventually none of the local businesses would sell him liquor anymore.

Finally his wife left him and he moved back in with Mom, but he was abusive to her as well and over Christmas 1924 she had him arrested after he threatened to kill her.

But once he sobered up and was released from custody, Mom let him move back in. Perhaps she felt she had to, since Petrus was haupt-fleisch und blut. Whatever her reason, the sins of the son were soon visited upon the mother.

Hauptfleisch claimed his mother accidentally set the kitchen on fire on January 13, 1925 and burned to death. The autopsy, however, didn’t support his story: all indications were that Mrs. Hauptfleisch had been suffocated or strangled to death and then burned afterward. There was no sign of soot or ashes in her bronchial tube or lungs, strong evidence that she hadn’t been breathing when the fire started, and there were other indications of asphyxiation. The postmortem lividity indicated she’d been lying flat on her back at the time of death, not face-down as Hauptfleisch said he’d found her.

Authorities believed Hauptfleisch was driven to homicide partly because of greed (he was the sole heir to his mother’s £600 estate) and partly out of personal rancor over that whole arrest thing.

After he was convicted and the sentence of death was passed upon him, Hauptfleisch issued a statement acknowledging that he had not been a good son, but protesting his innocence of this “most dastardly” crime. He would maintain his innocence until he died.

On this day..

1996: Lem Tuggle, Tim Kaine client

Tim Kaine, who governed the Commonwealth of Virginia from 2006 to 2010 and was just last month elected to the U.S. Senate, had a different service to perform on this date in 1996.

Kaine saw his client, double-murderer Lem Tuggle, to the Virginia execution chamber on December 12, 1996.

In 1983, fresh off parole for a 1971 homicide, Tuggle raped and shot 52-year-old Jessie Geneva Havens.

“From past experience, I would like to talk to an attorney,” he told the officer who arrested him. “I’ll probably tell you the full story later.”

In this selfsame spring of 1983, 25-year-old Timothy Michael Kaine was receiving his J.D. from Harvard Law. He moved to Richmond, Va., with his classmate Anne Holton, daughter of the state’s former governor.

Kaine and Holton married in 1984.

This was also an eventful year for the now-twice-convicted killer Lem Tuggle: together with five other condemned inmates, Tuggle sensationally busted out of Mecklenburg Correctional Center — capturing several prison guards, making up a phony bomb threat, and simply strolling out the gates in their stolen uniforms during the confusion.

The “Mecklenburg Six”* cast a terrifying pall in the headlines of June 1984; it took weeks to recapture them all. Tuggle, sensibly, made a bid for Canada’s death-penalty-free soil, only sparing Ottawa a major diplomatic headache when he stopped to rob a Vermont diner for gas money and got arrested.

Kaine’s path was destined to cross with this notorious convict, but not for some years yet. In the meantime, the idealistic young J.D. in his first year at the bar was getting acquainted with death row when he accepted a pro bono legal appointment to represent condemned killer Richard Lee Whitley.

A lifelong Catholic who had spent a youthful finding-himself year working at a mission in Honduras, Kaine was (and remains) a death penalty opponent. This would later prove a sticky wicket, but mid-1980s Kaine didn’t have a career in politics on his radar, as evidenced by his distinctly impolitic remark that “murder is wrong in the gulag, in Afghanistan, in Soweto, in the mountains of Guatemala, in Fairfax County … and even the Spring Street Penitentiary.”

Later, when he was in politics, Kaine would tell a reporter profiling him during the 2005 gubernatorial campaign that he didn’t want the assignment but would have felt like a “hypocrite” to refuse it. The Commonwealth was less easily overcome than Kaine’s scruples, and Whitley died in Virginia’s electric chair on June 6, 1987.

“I just remember sitting on my back step late and just having a couple of beers and just staring out at my backyard,” Kaine recalled of the night he lost his client.

Having had this first taste of failing with a man’s life on the line while being publicly vilified for his work, Kaine signed on to represent Tuggle in 1989.

By the time Tuggle’s legal rope ran out in 1996, Tim Kaine was a 38-year-old Richmond city council member — the trailhead for his new and now-familiar career in politics.

As Kaine elevated himself into a statewide figure in the early 2000s, his death penalty position came in for some controversy which Kaine finessed by taking the position that while he himself opposed capital punishment, he would enforce the state’s death penalty law in his capacity as governor.**

Death penalty stuff has ample third-rail potential, but especially in Kaine’s gubernatorial race, his own personal legal work at the defense bar became fodder for some truly repellent attack ads by the mouthbreather lobby who tried to put Kaine personally on the hook for Tuggle’s crimes by virtue of having represented the man in court.

* The other five were Linwood Briley, James Briley, Earl Clanton, Willie Leroy Jones, and Derick Peterson. All of these men were also executed.

** That was indeed the case. Gov. Kaine commuted only one death sentence, that of Percy Walton, while allowing 11 others to go forward. D.C. sniper John Muhammad was the most notorious man with Kaine’s signature on his death warrant.

On this day..

1922: Four anti-Treaty Irish Republicans

On this date in 1922, Irish Republicans Rory O’Connor, Liam Mellows, Richard Barrett and Joe McKelvey were shot.


Stagey-looking fake propaganda photo of Rory O’Connor’s (very real) Dec. 8, 1922 execution.

These four were militant foes of the 1921 Anglo-Irish Treaty, which was to the Troubles as the Apple of Discord was to the Trojan War.

Furious at the betrayed dream (and, briefly, reality) of a united Irish republic, they were among those who occupied central Dublin’s Four Courts in April 1922, hoping to draw Britain into a counterproductive intervention.

It was a move straight from the playbook of tragic guerrilla-cum-statesman Michael Collins … except that Collins was on the other side in 1922. Collins, then Chairman of the Provisional Government for the new Irish state (and negotiator of the hated treaty) spent that spring trying to convince the Four Corners occupiers to back off, but also not intervening to force their garrison out.

Noninterference came to an end after some other Irish militants assassinated British Field-Marshal Sir Henry Wilson in June 1922. London put the political screws to Michael Collins, leading to the anomalous sight of the onetime anti-British revolutionary turning British-lent artillery against Dublin republicans.


Times change.

The Four Courts guys, imprisoned from July, would provide an even more poignant illustration of Ireland’s heartbreaking house-divided history.

For it was the Provisional Government’s Minister of Justice Kevin O’Higgins who ordered the executions — a man who had once been so tight with the executed Rory O’Connor that O’Connor was in his wedding party. (Where they toasted the Easter Rising martyrs.)

What could turn men so tight against one another? On December 7, anti-Treaty gunmen killed Sean Hales, an IRA man whom Collins had brought over to the pro-Treaty side. In a ruthless reprisal, Higgins approved the summary execution of his former comrades.

According to the official announcement* — which was bitterly denounced as lawless by the Free State’s Labour parliamentarians —

The execution took place this morning at Mountjoy Gaol of the following persons taken in arms against the Irish Government: — Rory O’Connor, Liam Mellowes, Joseph McKelvey, and Richard Barrett, as a reprisal for the assassination on his way to Dail Eireann on December 7 of Brigadier Sean Hales, T.D., and as a solemn warning to those associated with them who are engaged in a conspiracy of assassination against the representatives of the Irish people.

Bloody ironies would stack one upon the other. The rest of Sean Hales’s family had remained staunchly anti-Treaty, and publicly denounced the executions.

Sean’s own brother Tom Hales had famously withstood British torture in 1921. But Tom is even more famous for a different deed: in August 1922, Tom Hales led the republican column that ambushed and killed Michael Collins.

Many more bodies lay ahead.

* Quoted in the December 9,1922 London Times, along with some of the opposition firestorm that ensued in the Dail. “Mr. Cathal O’Shannon, shouting indignantly at the Government, said they were not fit to govern, and described the executions as the greatest crime, without exception, committed in Ireland in the last ten years. ‘You have no authority,’ he said, ‘to execute these men. You murdered them.'”

On this day..

1989: Carlos DeLuna, “I didn’t do it. But I know who did.”

On this date in 1989, with the last words “I want to say I hold no grudges,” Carlos DeLuna died by lethal injection in Texas

At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.

“I didn’t do it. But I know who did.” That’s what he’d told a police officer soon after his arrest.

A generation later, it’s increasingly clear that Carlos DeLuna really didn’t do it … and that he knew who did it, knew he was going to the gurney for the crime of a man whom the state claimed was just a “phantom” invented by the defendant. Just a few months before DeLuna went to his death, that “phantom”, still on the streets, had knifed a four-inch gash in another woman’s abdomen. Carlos Hernandez had even bragged to others that his “stupid tocayo” — namesake — “took the blame for” a murder he’d committed. (Hernandez died in 1999.)

Carlos DeLuna might be the most convincing — Cameron Todd Willingham notwithstanding — instance of wrongful execution in America’s modern death penalty era.

DeLuna was arrested suspiciously hiding under a truck near the scene of a grisly knife slaying at a gas station. A Hispanic man had been reported as the suspect, and the eyewitness was able to identify DeLuna as that man, just moments after his arrest. Case closed.

Except everyone was wrong.

He was hiding because he’d been violating his parole by drinking at a strip club across the street. He chanced to look just like another Hispanic man from the area, a fellow who just happened to be a violent thug. And he didn’t have a spot of blood on him even though the murder scene looked like the set of a slasher film.

“It was an obscure case, the kind that could involve anybody,” Columbia Law Prof. James Liebman said. “Maybe those are the cases where miscarriages of justice happen, the routine everyday cases where nobody thinks enough about the victim, let alone the defendant.”

The facts of the case have been extensively documented elsewhere, including a 2006 Chicago Tribune series* and an entire 2012 issue of the Columbia University Human Rights Law Review, culmination of a years-long project organized by Liebman.

The latter investigation, complete with original source documents, video, and photographs, is preserved for public use at the magnificent Los Tocayos Carlos site. Its intensively-sourced book-length treatment comes highly recommended, but you might need to clear your schedule.

Executed Today is pleased to welcome one of the coauthors of Los Tocayos Carlos, Andrew Markquart — a 2012 graduate of Columbia Law who collaborated with Prof. Liebman on the DeLuna investigation and now practices in New York.

ET: How did you come to focus on this case, and what went into the investigation?

AM: I got involved after my first year at law school. I started out as a research assistant for Prof. Liebman, and he had been working on this project for years in one form or another when I got involved. I had already had quite a bit of interest in death penalty issues, so I jumped on it.

The initial investigation that Prof. Liebman did was back in 2004. He had done a previous study called “A Broken System” in which they found a shockingly high rate of reversals in capital cases. And basically the question that came out of that for him was, what does that mean?

Does that mean that the courts are doing their jobs and there are a lot of reversals because they’re being very diligent?

Or, is that high number indicative of some big systemic problems?

He started out looking at cases in Texas, for obvious reasons, and particularly focused on cases involving single eyewitnesses. This one came out fairly early on, but there wasn’t much about it initially to suggest this was a strong case. But Prof. Liebman was having someone going down to Corpus Christi anyway and had him check it out, and within one day this investigator was able to track down a lead and figure out exactly who this Carlos Hernandez person was who DeLuna claimed was the actual killer. From there the floodgates opened.

This case reads like something out of Dumas … your doppelganger, who looks just like you and also shares your name, commits a crime and you take the rap. Speaking as a layperson, it’s astonishing that Carlos DeLuna explicitly made the very argument you’re making, that this guy Carlos Hernandez was the real killer. But it wasn’t so much that DeLuna’s allegation was considered and rejected as that it was never taken seriously at all, even by his own defense. Why was that?

It’s a good question and it’s one of the major points we tried to make.

At first DeLuna was a little hesitant, with good reason: Hernandez was well-known in Corpus Christi; he was a terror in the town and had been known to use violence against people who threatened to expose him. Eventually the threat of execution overcame that.

His defense team did very little to research what could or would have been his saving argument, and on the flip side the prosecution said Carlos Hernandez didn’t even exist, which is just a mind-blowing claim. This guy had a rap sheet a mile long. He had been a major suspect in 1979 in another murder case involving one of the prosecutors in the DeLuna case.

The defense lawyer in that case did what DeLuna’s lawyer should have done: he called Carlos Hernandez to the stand and basically prosecuted Carlos Hernandez as his defense. He got his client off, and we’re pretty confident from our research that Hernandez was actually guilty of that murder, too.

Hernandez was definitely no “phantom”: he was known to law enforcement, known in the neighborhood. Can you explain why the prosecuting attorneys would make such a claim?

It’s hard to explain. I suspect they probably thought they had the right guy, they probably thought he was making up a bogus story … and they cut a few corners. But that’s speculation.

Your report writes, “Central to DeLuna’s obscurity was the failure of lawyers on the defense as well as the prosecution side to have the curiosity and gumption to look just an inch or two below the surface.” It seems like there just wasn’t much of any work done by any actor to pursue evidence that could defend DeLuna.

Carlos DeLuna’s defense lawyer had trouble getting any kind of funding to do investigation. And this was his first criminal case of any kind, let alone capital case.

The police only investigated for a couple of hours before turning it over to the store manager to clean up to open the next morning. It was a simple case of tunnel vision: they had arrested Carlos DeLuna, they got a quick eyewitness ID, and they thought they were done.

There’s all kinds of evidence at the scene. In the police photos, which are available at our website, there’s a footprint in blood that has to be the culprit’s shoeprint, and they never even saw it. It was that sloppy. You can also see the detective, Olivia Escobedo, literally standing on evidence — a nice metaphor for the investigation.

DeLuna’s lead prosecutor has recently reiterated his confidence in the verdict in the face of your investigation, and said that DeLuna lied about his activities that night. Did he?

Yes, he did. For reasons I can’t make sense of, he either was just severely misremembering, or just made up, some story about hanging out with these girls earlier in the evening that was completely untrue. But the thing about it is that the story as he gave it didn’t even help his case. It didn’t give him an alibi. But it hurt his case, because then they could bring in these girls to testify and destroy his credibility.

It’s hard to figure out what was in his head to say that. DeLuna wasn’t the most intelligent person; his IQ tested just barely above the threshold for cognitive impairment.

The original trial was in 1983, and Carlos was executed in 1989. How representative are the circumstances of this case still, relative to new death penalty trials today or to death row prisoners whose appeals are being handled now?

“[DeLuna]’s lying. He won’t admit it. I hope this is the day he gets it. He’ll lie like he’s been lying and now he’ll have to pay for what he did to my daughter.”
-Wanda Lopez’s mother Mary Vargas, quoted in Dec. 7, 1989 Dallas Morning News

“After carefully reviewing the information recently uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Carlos DeLuna did not kill my sister and that Carlos Hernandez was the real murderer.”
-Wanda Lopez’s brother Richard Vargas, June 2006

You see these kind of cases and issues come up even today. That’s one point we try to make: yes, this case was from 29 years ago, but a lot of things remain the same.

There was no physical evidence, despite all the blood at the scene: it was just based on eyewitnesses.** And you kind of have a casebook bad eyewitness identification. They didn’t use a lineup; it was nighttime; it was a cross-racial identification, which we know are highly error-prone; he [DeLuna] was in the squad car, at the scene, handcuffed, under a highly stressful environment. You have these kinds of show-up identifications happen all the time, all over the country. They’re rife with error.

I know actually someone in the Texas legislature has introduced a bill to reform the eyewitness identification process.

And there’s a lot of good public defenders out there who really work hard and do good work, but also a lot of underexperienced and overburdened public defenders who are just being crushed. There’s always systemic pressure for cops and prosecutors to cut corners. I certainly don’t think the lessons of Carlos DeLuna’s case have been learned.

In your view, what are the most important of those lessons?

The fallibility of our criminal justice system. Carlos DeLuna wasn’t convicted and executed in some third world country — he was given a trial and a lawyer and appeals and all the other protections and yet he still slipped through the cracks.

And the other lesson is the widespread nature of the factors involved, like the unreliable eyewitness ID. People go to prison on that basis every day. It seems highly likely there are more Carlos DeLunas.

The way that we found this story and developed it was enormously labor-intensive. The number of man-hours that went into this, between authors, investigators, research assistants, and the whole staff of the Columbia Human Rights Law Review … you just can’t do this for every case where there’s some kind of colorable suggestion of the possibility of wrongful execution.

I’d be very surprised if there aren’t more like him.

* The Tribune series on DeLuna began on June 25, 2006 … the day before Supreme Court crank Antonin Scalia taunted in Kansas v. Marsh that there was “not one” case of a “clear” wrongful execution. “The innocent’s name would be shouted from the rooftops by the abolition lobby,” Scalia wrote.

** Eyewitness (mis)identification is also at the heart of the Ruben Cantu case, another suspected wrongful execution in Texas.

On this day..

1938: Branislaw Tarashkyevich, Belarusian linguist

On this date in 1938, linguist and politician Branislaw Tarashkyevich was shot at the Kommunarka execution range outside Moscow: another victim of Stalin’s purges.

Tarashkyevch (English Wikipedia page | Russian | Belarusian) is best remembered today for “Taraskevica”.


Tarashkyevich, and his grammar.

That’s the familiar name for Tarashkyevich’s 1918 grammar (Belarusian link) that standardized the tongue, or rather the collection of related “Belarusian” dialects.

Its creator also happened to be a political leftist; he served briefly in the parliament of Poland (which then controlled West Belarus), then became a leader of the Belarus Peasant and Worker Masses, a communist movement. Tarashkyevich was arrested in 1928 and subsequently exchanged for a Belarusian journalist whom the Soviets had imprisoned.

His career as a Soviet appartchik in Moscow was short-lived, however, before those guys clapped him in prison, too, with the outcome typical to that frightening time and place.

A like deletion was supposed to befall taraskevica when the Stalin-era Belarus SSR ordered a standardization with grammar and orthography that more closely resembled Russian; this version (“narkomawka”) still remains the official “Belarusian” to this day.

However, the taraskevica variant has established a stubborn foothold among users who consider it more authentic than its Russified rival.*

* See Curt Woolhiser, “Communities of Practice and Linguistic Divergence: Belarusophone Students as Agents ofLinguistic Change,” Harvard Ukrainian Studies, Vol. 29, No. 1/4 (2007).

On this day..

1977: Benigno Aquino condemned

On this date in 1977, former Philippines Senator Benigno Simeon “Ninoy” Aquino, Jr. was sentenced to death by firing squad under the dictatorship of Ferdinand Marcos.

Aquino, a lifetime politician from one of the archipelago’s powerbroking families, was one of the principal opposition figures against the increasingly autocratic Marcos. His 1968 denunciation of the “garrison state” — Marcos would quadruple the size of the military and infiltrate it widely into civil society — was one of the definitive and lasting brands upon that regime.

So nobody, and certainly not Aquino himself,* was surprised when the outspoken senator was arrested hours after Marcos imposed martial law in September 1972.

Unlike most such political prisoners, Aquino stubbornly refused to cut any deal for amnesty that would confer any hint of submission to Marcos. Their conflict reads, on both sides, as an intensely personal one.

Placed on trial for allegedly arming a guerrilla organization, murdering a political follower, and trying to place the Philippines under (unspecified) foreign domination, Aquino staged a headline-grabbing 40-day hunger strike in 1975 and received extreme unction. The Archbishop of Manila finally talked the wasting Aquino out of letting himself starve to death, but perhaps not out of a certain thirst for martyrdom. (New York Times, Feb. 22, 1977)

“If Marcos believes I’m guilty, I want to be shot tomorrow,” he’s supposed to have exclaimed as he was led away from the tribunal that pronounced his death. (New York Times, Nov. 26, 1977)

That didn’t happen.

While Aquino’s death sentence on this date was expected, it was also generally thought that Marcos — who had allowed only one (non-political) execution during five years of martial law to that point — would spare his foe, as indeed he did. Marcos even released Aquino to travel to the U.S. for treatment after suffering two heart attacks in 1980.

Aquino had those few years to raise his profile and that of the Philippines opposition around the states. Returning to his native country on August 21, 1983, a moment when a then-ailing Marcos seemed weakened enough for a political opening, Aquino was infamously assassinated right on the tarmac as he stepped off the plane.

This event, and the two million-strong funeral march of Aquino’s bullet-riddled body to Manila’s Rizal Park, helped galvanize the country’s opposition. By 1986, popular demonstrations sent Marcos fleeing to exile … and elevated to the presidency Ninoy Aquino’s widow, Corazon.

Today, the couple adorns the Philippines’ 500-peso banknote, and their only son, Benigno Aquino III, is the country’s president. To pay him a call, just catch the next flight to Manila’s Ninoy Aquino International Airport.


Marchers with a banner alluding to Ninoy Aquino’s assassination date pass the monument to the slain ex-senator in Makati. (cc) image from littleislanddimp

* According to In Our Image: America’s Empire in the Philippines, Aquino was disappointed at the muted public reaction to his arrest. “I judged Marcos correctly,” he told a friend, “but I misjudged the people.”

On this day..

1955: Six Beria men

On this date in 1955, eight former officials of the Georgia — the country Georgia — secret police were tried publicly in Tbilisi, and six* of them convicted and promptly shot.

Officially, they were in the dock post-Stalin for their various depredations during the late ascendancy of the notorious Lavrentiy Beria. (Both Beria and Stalin himself were native Georgians.)

All their frightening offices for the NKVD had been re-branded, post-Stalin, as counterrevolutionary and terroristic, the same sort of chilling police-state lingo they used to turn against enemies back in their day.

A.N. Rapava, for instance

… was Deputy Head of the NKVD in Georgia. In July 1945, he received the rank of Lt. General. From late 1938 until 1948, he was the Head of NKVD/NKGB/MGB** in Georgia when he was removed under a cloud. (Source)

Georgia’s Stalin-era apparatchiks had vicious infighting, aggravated by a growing rift between Stalin and Beria late in Stalin’s life. (Indeed, if you like some hypotheses, this was why it was late in Stalin’s life: Beria might have poisoned off Uncle Joe to protect himself from purging.)

Rapava was a Beria man, but when Stalin swept his own people into place† in the late 1940s to early 1950s, a Stalin guy named N.M. Rukhadze arrested and replaced Rapava.

A few weeks before Stalin died, when the biography of Beria is thick with curious maneuverings, Beria got Rukhadze replaced; once Stalin kicked off, Beria was free to flat-out arrest Rukhadze.

It was a bit of an irony that when the post-Stalin Bolsheviks came round to mop up in Georgia, the rivals Rapava and Rukhadze had to stand in the dock together, both allegedly part of Beria’s organization. It would have been a bit inconvenient to detail how it was Beria himself who ordered Rukhadze’s arrest.

The others who shared their fate:

  • A.S. Khazani, NKVD political department officer who wrote a book with the title The Moral Outlook of a Soviet Man
  • N.A. Krimian, who served in the NKVD in Georgia and later in Ukraine, where he orchestrated the execution of political prisoners ahead of the invading Germans in World War II
  • K.S. Savitsky, NKVD Georgia official
  • Sh.O. Tsereteli, a tsarist officer turned Bolshevik and a Beria ally dating back to the early 1920s

All were shot for the victims of the Georgian purges they had conducted. A translator and a bodyguard were also convicted at the same trial, drawing prison sentences.

* Evidently, the official press initially reported only five executions.

** NKVD, NKGB and MGB is for our thumbnail essentially the same state security entity under various names and reorganizations from the 1930s to the 1950s. It became in the last analysis the KGB.

† See, for example, the Mingrelian Affair.

On this day..

1929: Myles Fukunaga

This date in 1929 saw the hanging of a Shakespeare-quoting, suicidal kidnapper for “the most brutal murder in the history of Hawaii”. It was among the last civil executions in Hawaii.

As detailed in the 1991 essay “A Short History of Hawaiian Executions, 1826-1947” (pdf) by Joseph Theroux, a resource we’ve touched on before and which also includes a full list of 75 known legal executions in Hawaii during that period:*

[I]n the death of Gil Jamieson, who had been kidnapped by a mad youth who filled his ransom letters with quotations from the Shakespearen play [Macbeth]: “Life’s but a walking shadow, a poor player / that struts and frets his hour upon the stage / and then is heard no more …”

The victim had his skull chiseled in and was strangled and left near Seaside Avenue in Waikiki.

The murderer and author of the letters was captured some days later, tried, convicted, and sentenced to hang, all within three weeks. This feat was facilitated because his lawyers, Beebe and Huber, offered no defense and called no witnesses. The jury included members who were part of the search party and the victim’s bodyguard and gravedigger. A Navy psychiatrist offered to testify for the defense but was rebuffed. The medical examiner was also the prosecution psychiatrist, Doctor Robert Faus. He testified that past suicide attempts by Miles Fukunaga were “normal.” Despite protests and appeals, Fukunaga was hanged.

Ten years earlier, a well-known local haole athlete, David Buick, found himself down on his luck. He ordered a taxi driver, one Ito Suzuki, to drive out of Honolulu proper to a place called Red Hill. He ordered the man to stop the car and get out. He pointed a gun at the driver and robbed him of one dollar. When Suzuki turned to flee, Buick shot him in the back. Before he died, the taxi driver identified Buick a the gunman. The charge was eventually reduced to second degree murder, and Buick is said to have returned to the Mainland following his jail time.

In both cases, there was premeditation, kidnapping, murder, and flight. Fukunaga willingly confessed and indeed showed extreme remorse. Buick never confessed or showed the slightest regret over his actions. But Fukunaga had murdered a fine boy of a prominent haole family.** Buick had only murdered a middle-aged Japanese taxi driver.

This shocking crime — Fukunaga openly cited the notorious Leopold and Loeb murder and the more recent Hickman kidnapping as his models — ratcheted up ethnic tensions in Hawaii between whites, especially elite whites, and Japanese.

The Japanese community’s newspaper Hochi mounted a vigorous clemency campaign emphasizing sentencing differences like that vis-a-vis Buick. “If Myles Fukunaga is hanged it will not be because he killed a human being,” the paper editorialized. (pdf) “It will be because he killed the son of the vice-president of one of our big trust companies and because his victim was a white boy.”

* Ethnic data of those 75 executed: 24 Hawaiian; 24 Filipino; 9 Japanese; 6 Korean; 5 Chinese; 3 Puerto Rican; 3 unknown; 1 Caucasian.

** Gill Jamieson’s father, Frederick Jamieson, was a vice president of the Hawaiian Trust Company (since folded into the Bank of Hawaii). According to Kokugo Gakko in, the targeting of a bankster family by a frustrated working-class youth (Fukunaga was reportedly logging 80-hour weeks in menial jobs, having been forced to quit school in his teens to support his family) was no coincidence at all.

In terms of his motives he said that revenge had been foremost in his mind. In 1928 his parents had been unable to meet monthly rental payments. The Hawaiian Trust company served as the collecting agent for their landlord and had sent a rent collector to the Fukunaga family to demand full payment of back rent. Humiliated and ashamed, Fukunaga bitterly resented the bank’s action and, on learning that Vice President Frederick W. Jamieson had a son, he decided to seek revenge … by kidnapping and murdering the boy. Fukunaga also confessed to another motive. As the eldest son of seven children, Fukunaga stated that he had felt a filial obligation to help his poor parents … he had hoped to accomplish this filial act with the ransom money.

All this might tend to militate against the “insanity” defense, which Fukunaga himself energetically rejected.

On this day..

1930: Yang Kaihui, Mao Zedong’s wife

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

On this date in 1930, Yang Kaihui was executed in Changsha, China.

The 29-year-old mother of three was beheaded for her refusal to renounce the Chinese Communist Party and Mao Zedong. She was technically Mao’s second wife; a previous marriage had been arranged for Mao by his parents, but he and the woman never lived together and the marriage was never consummated.

Yang and Mao grew up together in Changhsa — she was the daughter of one of his teachers — and fell in love as young adults. Yang, like Mao, was an enthusiastic Communist. She joined the CCP in 1921, becoming one of its earliest members. She never held any official position in the CCP, however, and wasn’t terribly active in the movement, since she had to raise the children.

Mao and Yang truly loved one another. Phillip Short, in his biography of Mao, writes of this period: “Perhaps for the only time in Mao’s life, he had a truly happy family to come home to … It was a surprisingly traditional Chinese household.”

But Mao became more and more absorbed in dangerous revolutionary work, and he and Yang were often separated when he traveled. The last time she saw her husband was in 1927, the year the Chinese Civil War started and Mao became a guerrilla leader, hiding in the mountains, far from his family. They maintained sporadic contact after that, but often what little she knew about his activities came from the papers.

During the final years of her life, Yang missed her husband desperately and had thoughts of suicide. “No matter how hard I try,” she wrote once, “I cannot stop loving him.”

Yang predicted she might meet with a violent death. She was right: on October 24, 1930, a warlord loyal to the nationalists captured her and one of her sons.

She did not break under threats and torture, and refused to give in and publicly repudiate her husband and Communism, even though her captors offered to spare her life if she did so. She became one of the CCP’s earliest martyrs.

Yang was executed more for being Mao’s wife than she was for anything she’d done herself. She wasn’t the only woman who would be killed for being married to a prominent member of the CCP; the wife of Zhu De had met with the same fate in 1929.

Mao, who had always called Yang his true love, was reportedly devastated by her death and wrote, “the death of Kaihui cannot be redeemed by a hundred deaths of mine!” He wrote a poem about her in 1957 that suggests he still grieved for her even then. But it must be noted that he never tried to rescue her or his sons when he knew their home had turned into a battleground and their lives were in danger.


Propaganda poster of Yang and Mao.

Tragedy followed the lives of Yang and Mao’s three sons.

The youngest boy, Anlong, died of dysentery in Shanghai at the age of four, soon after his mother’s execution. The oldest, Anying, was killed in the Korean War. Middle child Anqing lived to be 83, but perhaps as a consequence of watching his mother being put to death as a youth, he suffered bouts of mental illness throughout his life. He died quietly in China in 2007.

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1943: The Zalkind family

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

Sometime in the autumn of 1943, a refined actor had a family of Vilna/Vilnius Jews summarily hanged on a public gallows.

Vilna* was one of the major Jewish ghettos in Nazi-occupied Eastern Europe.

Noted for its rich cultural life, the Vilna Ghetto, which at its peak contained approximately 40,000 people, lasted from September 6, 1941 to September 24, 1943. By the end of its existence, however, through starvation, overwork, disease, and bullets, the ghetto’s population had been reduced by three-quarters.

In late September 1943, the ghetto was liquidated. Most of the inhabitants were taken to the nearby forest in Ponar and shot, or sent to extermination camps in Poland or work camps in Estonia, where almost all of them died.

The convivial Bruno Kittel

The liquidation was supervised by German Oberscharführer Bruno Kittel. (He is not to be confused with Otto “Bruno” Kittel, the Luftwaffe flying ace.)

Kittel was an actor. He graduated from the theater school in Berlin and from the plundering school in Frankfurt. On Sundays he played songs on his saxophone at the Vilna radio station. Kittel was not only the youngest of his colleagues; he was the most zealous … [His] reputation extended from Riga to Lodz to Warsaw.

At first glance, you would never guess that Kittel was an executioner. Constantly smiling with his dazzling white teeth, he was perfumed, elegant, polite, and refined.

After the ghetto was no more, a few skilled craftsmen and artisans whose work was essential to the war effort remained within the city at one of three labor camps.

Karl Plagge, a German major in charge of the HKP 562 camp, was sympathetic to the plight of his workers and worked to save their lives, albeit without much success. For this, he would later be honored as a Righteous Gentile by Yad Vashem.

During the liquidation, in an attempt to avoid capture, many of the Vilna Jews concealed themselves in hiding places and bunkers, called “malines” or “malinas”. Sadly, the Nazis caught almost all of them, but a few were able to wait out the carnage and then escape.

The Zalkind family were among the fortunate people who were able to remain in hiding throughout the liquidation.

But they did not survive for very long afterwards.

Their final days are described in The Complete Black Book of Russian Jewry, a collection of accounts of atrocities in the Soviet Union from which the observation about Kittel above is also drawn.

Journalists and historians began gathering eyewitness statements before the war was even over, and Ilya Ehrenburg and Vasily Grossman assembled and edited the accounts and finished the Black Book in 1946. It was the first major documentary work on the Holocaust. However, Stalin refused to allow its publication and had the type-plates and galley proofs destroyed in 1948.

A few copies survived, and the book was finally published in Russian in 1993. The English translation came out in 2002.

The full names of the Mr. and Mrs. Zalkind and their son are not recorded. Yad Vashem’s Central Database of Shoah Victims’ Names lists a Masha Zalkind, age 34, a store manager who was married to Moshe, and Hone Khona Zalkind, 2, whose parents were Masha and Moshe. Both lived in Vilna during the war and were killed in 1943; they might well be the mother and son from this story.

There are several Moshe Zalkinds listed. One, a tailor who was born in 1907, lived in Vilna and was married to Masha. He’s the closest match, but it says he was in Estonia during the war and was killed in 1944.

In any case, the Zalkinds were on the Aryan side of Vilna, probably posing as Christians with forged identity papers, when they were spotted in the street by Bruno Kittel. The Black Book records::

Suspecting they were Jews, Kittel stopped them and had them sent to the concentration camp [at 37 Suboch Street], where he determined that their name was Zalkind and that up until now they had been hiding in a malina. He ordered a gallows to be erected in the middle of the yard and summoned sixty SS men from the Gestapo. When everything was ready and the yard was full of SS surrounding the doomed Zalkinds — husband, wife and child — Kittel said:

“For having violated my order and hiding in the city, you will now be hanged in front of everyone.”

Kittel went over to the gallows to be sure that the rope was strong; then he began the execution process. The child was the first to be hanged. Then the mother. When the noose was tightened around the father’s neck, the rope broke.

Kittel ordered a new noose to be made. But as soon as Zalkind was hanging from it, the rope broke again.

Kittel was simply amused by it all.

“If the rope should break a hundred times, I’ll hang you a hundred times,” he said. And he ordered the hangman to prepare another rope.

Following the rule of collective responsibility, after Mr. Zalkind finally died, Kittel randomly selected fifty inmates of the camp, loaded them into a van and hauled them off to their deaths at Ponar.

Only a few hundred of the Vilna Ghetto’s Jews, mostly those assisted by Major Plagge, survived the Nazi era. Some of the Germans who helped wipe out this city’s once-vibrant Jewish community were apprehended after the war and prosecuted.

Bruno Kittel, however, disappeared without a trace and was never found at all.

* At the time, Vilna was part of Poland. Vilna was its Yiddish name; the Polish name was Wilnow. The city is now the capital of Lithuania and called Vilnius.

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