1929: Constantine Beaver, Alaskan native

On this date in 1929, Alaskan native Constantine Beaver hanged in Fairbanks, Alaska.

Described as a “woodsman”, Beaver shot his friend Egnatty Necketta during a drunken altercation the previous December.

Neither Beaver himself nor the several witnesses spoke or understood English, so much of the trial was conducted via interpreters. The jury, in finding him guilty, availed an option to remain silent as to the penalty, punting the decision to the judge — who went with hanging. Several jurors then protested, too late, that they hadn’t understood that was a possible outcome of their silent penalty decision.

In pre-statehood Alaska under federal governance, it was U.S. President Herbert Hoover 4,000 miles away in Washington who would have the final say in this affair — riding high, as it happened, at the very moment of the stock market peak right before the economic meltdown that would define his presidency.

Hoover said no.

Hopeful throughout the greater part of the night that a stay of execution would arrive Beaver bore himself with fortitude when informed that he must die. His only wish was that the intervening time might speed by so that his mental agony might be ended.

…

When Beaver reached the death chamber he broke into a tribal chant which continued until the floor opened beneath him.

It was “the saddest affair I’ve had to witness,” said a U.S. deputy who was present at the execution. And it was the last hanging ever conducted in Fairbanks.

Of possible interest: “American Indian Executions in Historical Context” by David V. Baker, a lengthy pdf.

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1937: Andrei Stepanovich Arzhilovsky, counterrevolutionary kulak

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

On this date in 1937, a 51-year-old Russian peasant by the name of Andrei Stepanovich Arzhilovsky was executed by firing squad, having been convicted of membership in a “counterrevolutionary kulak sabotage organization.”

Arzhilovsky, who had five young children by the time of his death, was evidently a nefarious thought-criminal with a record. He had sufficient literacy to join the regional administration in the nineteen-teens, which led to his arrest in 1919 in the wake of the October Revolution of two years previously.

He denied having ever persecuted Communist sympathizers, but a revolutionary tribunal sentenced him to eight years in prison.

Released after an amnesty in 1923, Arzhilovsky returned home, took up farming again, joined the peasant cooperative and took up a number of other minor civic posts. He owned 8.1 hectares of cultivated land, a house and outbuildings, two horses, two cows and other livestock. He was classified as a farmer of average means — that is, not a kulak or class enemy — but in 1929 he was convicted of “counterrevolutionary agitation” and sentenced to a decade in a labor camp.

In 1936, Arzhilovsky was released from detention early for health reasons. They expected him to go home and die, but instead he took an accounting job at a factory.

Perhaps frustrated by Arzhilovsky’s refusal to expire, the NKVD “uncovered” the “conspiracy” that lead to his death sentence. Under interrogation, he had to admit his opinions weren’t purely Soviet. Perhaps that alone was enough.

Arzhilovsky was a simple farmer, just one of the millions who died during Stalin’s Great Terror from 1936-1938. He probably would have been forgotten entirely today were it not for the forty-page diary he kept during the year prior to his death.

It was confiscated by NKVD agents when they searched his home. The diary was translated and published in 1995 in an anthology of several others from that period, under the title Intimacy and Terror: Soviet Diaries of the 1930s.

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1944: Six Milice collaborators in France

On this date in 1944, just days after the Liberation of Paris secured the restoration of the French Republic, six collaborators were publicly shot in the foothills of the French Alps. They were the condemned of the first court-martial to sit in liberated France.

A London Times correspondent estimated that 4,000 or more of their countrymen braved cruel wind and rain to cheer the traitors’ deaths meted to these young members of the Vichy government’s hated milice.

They were among ten members of that militia captured at a training grounds in Grenoble, and the shooting of these six was preceded by a loudspeaker announcement decrying the tribunal which tried them for having the softness merely to imprison the other four.

“The Liberation Committee considers that the sentences which failed to inflict the death penalty on all the militiamen not to be in conformity with the wishes of the French people and accordingly promises, in conformity with those wishes, to see that the composition of the court-martial is revised in order to avoid a repetition of such weakness.” The people answered with a cheer.

–London Times, Sep. 4 1944

The executions, carried out on a grounds the Gestapo had once used to executed Resistance members, were also photographed, and the striking images published in the Oct. 2 issue of Life magazine. Once available online from Life at this now-dead link, the gallery is reproduced at this Chinese page; Warning: Disturbing Content.

Photographer John Osborne, later a noted editor and habitue of Richard Nixon’s enemies list, would not have been a candidate for the Resistance’s court.

“I am susceptible as most,” he wrote in Life‘s original dispatch. “When I first saw the 10 men and boys in the courtroom dock at this trial, I wanted to cry. They looked so young, wretched, unshaven … It was very easy to sentimentalize over these men, all of whom were underlings. It was easy to agree with the [collaborators’] chief defender, Pierre Guy, that France would be harming only herself if she killed them now.”

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1987: Moses Jantjies and Wellington Mielies, after the Langa massacre

On this date in 1987, Moses Jantjies and Wellington Mielies — “political prisoners” in the estimation of their supporters — hanged along with five common criminals at Pretoria for the murder of Ben Kinikini and five others.*

The killing of Kinikini occurred in an environment of bitterly escalating hostilities in the eastern cape city of Uitenhage and especially the KwaNobuhle township. Anti-apartheid school boycotts dating back to September 1984 (part of a spreading revolt in the townships at that time) had metastasized into violent confrontations when protesters were denied meeting space by the black KwaNobuhle councillors.

Kinikini was such a councillor, and he and the others had been under popular pressure to resign, and even had their homes stoned, since the last weeks of 1984.

Protesters stoned vehicles. Riot squads roamed the streets. Police shootings became everyday events, and more enraged crowds gathered at the resulting funerals of their victims.**

On March 21, 1985,† police opened fire on one such funeral procession, slaying some 20 people in a single go — the Langa Massacre.


Coffins of the Langa Massacre’s victims. (cc) image from United Nations Photo Library. Also see this, this, this and this.

And then it really hit the fan.

Riots erupted following the Langa massacre, and it was on March 23 that Kinikini was dragged from his house and murdered: black township councillors were liable to be seen as apartheid collaborators. Defense witnesses for Jantjies and Mielies were quite a bit more specific, slating Kinikini with direct links to murderous vigilantes who liked to beat up and rape protesters in the creepy privacy of Kinikini’s apt personal business, a mortuary.

And as one memoir of the period puts it, “the government knew black councillors would not participate in a democratic charade unless their lives and property were protected and avenged. Some two and a half thousand black councillors, policemen and informers, real and rumoured, had been killed in the unrest that had begun in 1984.”

For South African president and white-rule stalwart P.W. Botha, those were far more pressing constituencies than mercy appeals from usual suspects like black activists and the West German government. These were also the first two township-rising convicts to come up for execution, out of some 33 then on death row, so their treatment figured to set the precedent for even higher-profile cases on the horizon like the Sharpeville Six. (In the event, apartheid collapsed before the Six could actually be hanged.)

The message was hardly lost on its internal audience.

“We have come to terms with the fact that the enemy has declared war,” Winnie Mandela told a Johanessburg memorial service for Jantjies and Mielies hanged. “We accept the challenge. The blood of the comrades has not flowed in vain.”

* Ben Kinikini, his four sons and nephews, and one other person were stabbed and burned to death. Some reports term at least Ben Kinikini’s killing a “necklacing” — the brutal method of popular execution that arose in the 1980s in which the “jewelry” was a rubber tire filled with flaming petrol. It sounds from the widow’s secondhand description as if this could indeed characterize it, though the fact that the Truth and Reconcilation Commission called a July 1985 killing the country’s first necklacing might indicate otherwise. News stories suggest that photographs and video exist of, if not the murder, at least the aftermath: perhaps these are dispositive on the point.

** See Thole Majodina, “A Short Background to the Shooting Incident in Langa Township, Uitenhage,” Human Rights Quarterly, August 1986.

† March 21 also happened to be the very anniversary date of one of apartheid South Africa’s most infamous police atrocities, the 1960 Sharpeville Massacre. Thanks to Sharpeville, this first day of spring is the International Day for the Elimination of Racial Discrimination, as well as the date on which South Africa marks Human Rights Day.

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1987: Dale Selby Pierre, Hi-Fi Murderer

On this date in 1987, Utah executed Dale Selby Pierre for one of the most notorious crimes in that state’s history — the Hi-Fi Murders.

Pierre, along with two fellow airmen from the Hill Air Force Base, William Andrews and Keith Roberts, began an armed robbery of a hi-fi shop in nearby Ogden near closing time on the evening of April 22, 1974.

The night that unfolded would be a visit to an antechamber of hell not only for the two young clerks on duty at the time, but three other people who wandered into the store while the crooks were still in it — each of whom was added to the growing pen of hostages Pierre et al kept in the basement.

After plundering the shop of $25,000 worth of electronics, Pierre and Andrews went to get rid of their prisoners by making them drink liquid Drano.

This method of homicide, theoretically an elegantly quiet one which would facilitate a clean getaway, had been cribbed from a murder scene in the 1973 Dirty Harry movie Magnum Force.

The struggles of Cortney Naisbitt, one of the surviving victims, forms the subject of Victim: The Other Side of Murder — a classic of the true-crime genre and of the victim’s rights movement.

But human flesh is hardier than celluloid.

Unlike the poor prostitute in Magnum Force, Pierre and Andrews’s victims groaned and gurgled, their blistering mouths suppurating so much fluid that duct tape to quiet them down wouldn’t stick. And the Drano didn’t kill them, or at least it was sure taking its time.

“I remember the noise they were making, the sounds of pain they were making,” Pierre told his clemency hearing. “It was something greater than sad.”

Since they hadn’t got rid of their victims quite so cleanly, Pierre simply set about shooting them — and in the case of Michelle Ansley, a 19-year-old in her first (and last) week on the job at the Hi-Fi shop, raping her first. These execution-style murders had only mixed results, and one of the hostages — 43-year-old Orren Walker — being noticeably not dead, had a ball-point pen kicked into his ear in an attempt to finish him off.

Somehow, Walker still survived, as did 16-year-old Cortney Naisbitt, who suffered severe brain damage. (Both have since died.) Stanley Walker, Carol Naisbitt, and Ansley were not so “lucky.” But neither were the perps: since Andrews had openly talked at the Air Force base about boosting that very hi-fi shop and even killing anyone who “gets in the way,” suspicious fellow airmen soon turned them in.

The 21st century’s more polished and calculating strategic communications consultant probably would have advised keeping well clear of such an incendiary crime, but death penalty opponents actually pushed clemency hard in the Hi-Fi case.* For the NAACP, the sentences underscored racial disparity in the death penalty.

Rubbish, one might say, given the killers’ epically villainous conduct. But one member of the all-white jury was apparently passed a note by parties unknown reading “Hang the niggers.” And the NAACP noted that Utah gave death sentences to these guys, but not to a white supremacist who murdered two black men for jogging with white women.

None of this cut any ice with Utah. Years later, the killers themselves had a hard time fitting that monstrous night into any kind of comprehensible rationale. Pierre:

The crime took a course of its own. It wasn’t planned that way. People kept coming in and I just panicked. The only way to prevent what happened was to have been moved away from the Air Force entirely … Of course the alcohol and the pills I was consuming didn’t help — valiums, reds, black beauties and yellow jackets … I tell myself, “You have to accept responsibility for it — you did it, you were there. You can’t rationalize it.”


Dale Pierre pleads his case to the Utah clemency board.

Dale Pierre was the very first person put to death in Utah after its famously groundbreaking execution of Gary Gilmore in 1977. But in fact, the Hi-Fi killers had preceded the eager volunteer Gilmore on Utah’s death row, and Gilmore as he walked his last mile reportedly wisecracked to Pierre and Andrews, “I’ll be seeing you directly.”

Pierre’s accomplice William Andrews was also finally executed in 1992, after a then-unimaginable (and anything but “direct”) 18 years on death row — nearly half his life. Their fellow accomplice Keith Roberts didn’t personally take part in the cellar hecatomb and therefore avoided the death sentence: he was paroled in 1987.

* The clemency push was much stronger for William Andrews than for Dale Pierre, since Andrews was also making the argument that he hadn’t directly killed anyone and hadn’t intended to. As a matter of fact, the manipulative Andrews was and is widely doubted on that point — but any such claim was wholly unavailable to the acknowledged triggerman Pierre.

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1946: Chu Minyi, collaborationist Foreign Minister

On this date in 1946, China executed Chu Minyi for serving as the Foreign Minister of the wartime Japanese puppet government.

Chu was a nationalist dating back to the Qing dynasty, though he spent most of the first decade after the revolution at European universities.

He returned to China as a Koumintang supporter in the 1920s.

The guy had the bad luck to be the brother-in-law of notorious quisling figure Wang Jingwei, who enjoyed the title of President of China under the Japanese aegis.

For what’s generally interpreted as reasons of personal more than political loyalty, Chu accordingly agreed to serve in Wang’s cabinet as Foreign Minister. “Chen Gongbo‘s mouth, Zhou Fuohai‘s pen and Chu Minyi’s legs” was the government’s tagline. (Chu was also a noted martial artist.)

But it was Hirohito’s guns they relied upon, and none of them would much outlive Japan’s surrender. Chu was tried as a traitor in April 1946.

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1919: Boonpeng Heep Lek, the last public beheading in Thailand

On this date in 1919, Thailand — in the sunset years of its absolute monarchy — conducted its last-ever public beheading.

Boonpeng Heep Lek apparently killed his own mother, but the crime takes a back seat here to the visuals. We have these grainy-but-grisly images of the man, and then … just the trunk of the man.

This execution took place, as many did, at the grounds of the Wat Phasi or Wat Phasee temple complex in Bangkok (then, at the edge of Bangkok); bizarrely, said complex today preserves a shrine to our milestone matricide, where devotees visit to … seek better luck?!. Okay.

(This temple isn’t much on the standard tourist beat for Bangkok despite a central location and gorgeous architecture and the creepy history. It appears to be, as of this writing, completely absent even from the usually-encyclopedic Flickr.)

If the executioners in this case followed the procedures promulgated in recent years, then after the victim was tied down seated at a small wooden cross — visible in the pictures above — he would have had his ears and mouth filled with clay, and clay likewise used to mark the base of his neck.

The two-man execution team would then contrive to get a sword through that valuable protuberance via a strange ceremony, with one man performing a hypnotic sword dance in front of the prisoner — apparently meant to relax or distract him, although it seems like it would do better for ratcheting up the panic — while the second man bided his time for the opportunity to dart in unseen with a leaping decapitation slash from behind, “a quick rush, a circle of light in the air, and a sudden jet of crimson.” After that, they chopped the guy’s feet off in order to remove the manacles, and left the corpse as carrion for the local vultures.

We’ve followed those birds’ lead by scavenging a variety of pictures of old Siamese executions (not Boonpeng Heep Lek’s specifically), at least one of which certainly merits the Mature Content Warning. Image credits via here and the series of posts beginning here.

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1942: Irene Nemirovsky, Catholic Jewish writer

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

On this date in 1942, 39-year-old French/Ukrainian novelist Irene Nemirovsky was gassed at the Auschwitz Concentration Camp in Poland.

She was a victim of the Nazis’ racial laws: anyone with even one Jewish grandparent, even if they themselves did not practice the Jewish religion, could be considered a Jew. Nemirovsky, born to a wealthy Russian-Jewish family in what is now the Ukraine, had converted to Catholicism in 1939 — sincerely, insofar as anyone can discern.

Irene Nemirovsky fled Russian territory after the Bolshevik Revolution and spent a short time in exile in Finland and Sweden before eventually settling in France. There she married a banker, had two daughters, and published her first novel in 1930.

The book, called David Golder, was about a ruthless businessman (described by modern readers as “a Bernie Madoff of her time”) who in old age and poor health begins to regret the way he lived his life. It was a success and was made into a 1930 film.

Her second novel, Le Bal, also hit the silver screen. She penned several other books as well: Dimanche and Other Stories, Jezebel, The Dogs and the Wolves, The Courilof Affair, and more.

Although she was widely acclaimed as a writer in France, even by anti-Semites, she was denied citizenship in 1938. By then she had lived in the country for twenty years.

Following the German invasion of France in 1940, Nemirovsky’s books were pulled off the presses and she was required to wear the yellow star. If she and her family had succeeded in obtaining French citizenship, this would have provided some protection; the French were reluctant to deport their own Jews, filling the cattle cars with foreigners instead. Irene was instead classified as a “stateless person of Jewish descent” and the high-ranking Nazi official Ernst Kaltenbrunner called her a “degenerate artist of deluded Jewish hegemony.”

The “stateless” Irene was arrested on July 13, 1942. She had time to write a letter to her family, asking them not to worry about her, before she was deported to Auschwitz four days later.

Although she survived the initial selection and was tattooed with a prisoner number, it was reported a month later that she had died of typhus, a common and deadly disease in the concentration camps. However, later investigation showed she had in fact been sent to the gas chamber. Her husband was also gassed in Auschwitz in November of that year, but their two children survived the war.

One of Nemirovsky’s books, All Our Worldly Goods, was posthumously published in France in 1947. However, for sixty years following the war this once-famous author was largely forgotten.

In 2004, however, she became a literary sensation when a previously undiscovered manuscript, Suite Francaise, hit the press. The “suite” consisted of two books out of a projected five, titled “Storm in June” and “Dolce”. Irene had written them while in hiding in 1940. When she was arrested she gave the manuscripts in a suitcase to her daughter Denise, who safeguarded them all those years.

The book was received to great acclaim and became a bestseller, and publishers blew the dust off her novels from the 1930s and brought them back into print. In 2007, another of Nemirovsky’s works, Fire in the Blood, was published. The book was a companion to Suite Francaise — and like Suite, Nemirovsky had worked on it while in hiding during the Nazi occupation.

Nemirovsky never escaped controversy, in her life or after her death. Several critics and scholars have accused her of being an anti-Semite, a “self-hating Jew,” as detailed in this article from the Australian publication The Age.

Novelist Paul LaFarge charged her as “a Jew who disliked other Jews.” Primo Levi‘s biographer wrote of her, “She has taken on board the idea that Jews belong to a different, less worthy ‘race’, and that their exterior signs are easily recognizable: frizzy hair, hooked noses, moist palms, swarthy complexions, thick black ringlets, crooked teeth…”

There is evidence to support this assertion.

Some of her books were serialized in anti-Semitic magazines, and during the occupation Irene also wrote a letter to Marshal Petain, head of France’s collaborationist Vichy government, to say she disliked Jews and shouldn’t be classified as a Jew, racial laws notwithstanding. Her husband wrote a similar letter to the German ambassador after her arrest, saying his wife “did not speak of the Jews with any affection whatsoever.” The ambassador never bothered to reply.

Irene, however, also has her defenders in this matter: “She didn’t dislike Jews,” said one. “She disliked some Jews. Big difference.” Patrick Marnham, who wrote the introduction to the reprinted David Golder, argued that, “Her choice of an unsympathetic Jewish character [in the book] does not make Nemirovsky anti-Semitic; any more than Robert Louis Stevenson was anti-Scottish because he created the diabolical figure of Ebenezer in Kidnapped.”

You could argue that if she appeared to be anti-Semitic it was because she was trying to conceal her own Jewish origins and thereby protect her family from the deadly consequences. Her daughters believed this was the reason for her assertions that she hated Jews.

In any case, whatever Irene may have said or thought about her religious origin did not save her life. She was just one of many thousands of Christian converts who fell victim to Nazi Germany’s madness.

Irene’s younger daughter, Elisabeth Gille, who died in 1996, wrote a novel titled Shadows of a Childhood which was based on her parents’ disappearance. She had only been five years old when Irene was arrested. In 2010, Olivier Philipponnat and Patrick Lienhardt published the first major biography of Irene, The Life of Irene Nemirovsky, 1903-1942.

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1941: Josef Jakobs, the last executed in the Tower of London

In its day, the Tower of London has seen off with many an illustrious head.*

Its last use as an execution grounds occurred, all but invisibly, on this date in 1941, with the shooting of German spy Josef Jakobs.

It’s safe to say that Jakobs won’t be competing with Anne Boleyn in the book sales department any time soon. He was, truth be told, barely a spy at all: parachuted into Huntingdonshire on January 31, 1941 with intent to reconnoiter, the guy was observed in his descent by (undoubtedly excited) local defense volunteers. They raced to the landing point but needn’t have: Jakobs was practically immobile, having broken his ankle upon landing. So that was the end of the espionage mission.

After a secret trial under the Treachery Act of 1940, Jakobs was shot at a small rifle range where a number of his countrymen and predecessors from the First World War had met their own ends.

To: The Constable of H.M. Tower of London. 13th August 1941.

Sir,

I have the honour to acquaint you that JOSEF JAKOBS, an enemy alien, has been found guilty of an offence against the Treachery Act 1940 and has been sentenced to suffer death by being shot.

The said enemy alien has been attached to the Holding Battalion, Scots Guards for the purpose of punishment and the execution has been fixed to take place at H.M. Tower of London on Friday the 15th August 1941 at 7.15am.

Sgd. Sir Bertram N. Sergison-Brooke,

Lieutenant-General Commanding London District.

The Royal Armouries artefacts store still preserves the chair (pdf) Jakobs was strapped to for this historic execution. All subsequent executions of World War II spies took place by hanging at Pentonville Prison or Wandsworth Prison.

* It should be added that the Tower’s bloody reputation correctly associates more with the doomed men and women it held than with actual executions: only a very few, mostly high-ranking, folk actually got the chop in the Tower prior to 20th century spies: people such as Thomas More, Thomas Cromwell, and Monmouth were more commonly put to death at the adjacent (and public) Tower Hill.

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1926: Richard Whittemore, Mencken subject

On this date in 1926, Richard Whittemore — the chieftain of a notorious armed-robbery syndicate in Prohibition New York and Maryland — was hanged at Baltimore’s Maryland Penitentiary for murdering a prison guard during an escape the year before.

Whittemore, known as the “Candy Kid” — it’s not clear to me whether this throwback nickname alludes to his gang’s prodigious heroin addiction — was national news for a brief twelvemonth during Prohibition.

In 1925, he busted out of prison in Maryland, killing a guard. It was for this crime that he ultimately hanged, but it was for his months on the lam that he made his blackened name.

Whittemore recruited a coterie of cold-blooded toughs and commenced a series of brazenly public violent robberies. (He also wifed up someone called Tiger Girl.)

After heisting a few payrolls — back when such things were delivered in armored cars instead of by digital funds transfer — the Candy Kid’s gang made for New York, where they proceeded to stick up several jewelry stores and eventually (in Buffalo) to hijack a Federal Reserve truck.

For all their momentary success, their candle burned at every possible end. Stickups followed each other with just a few weeks in between to squander the proceeds and, as alluded, the gang indulged a judgment-impairing drug habit.

The end, when it came, was swift.

In March 1926, barely a year after blasting his way out of prison, Whittemore was caught. Within the next five months, he beat charges in New York (pdf), was extradited to Maryland, found himself convicted of murder there, and expeditiously hanged.


Years later, the death of this professional blackguard is probably most noteworthy to posterity for the attendance among the select circle of witnesses of professional crank (and son of Baltimore) H.L. Mencken.

That irascible pundit was no foe of the death penalty (although the nature of his support veered idiosyncratic). He scarcely felt the hanging’s participants to have been degraded or brutalized by the ritual of hanging Whittemore, and held forth on the subject in a subsequent essay later reprinted in A Mencken Chrestomathy:

It is unpleasant, I grant you, to see a man put to death, but the brutality of it is immensely overestimated by those who have never enjoyed that honor. They forget this technical skill that can make even killing painless and humane. And they forget that the victim himself is almost always a brute with little more sensitiveness than an ox. I witnessed recently. He went to his death with a swagger, and obviously full of an imbecile delight in the attention he was attracting. His occupations in his last days were those of a happy half-wit, and his final message, delivered through the tabloid newspaper, the Baltimore Post, was precisely the sort of defiant rubbish that such a moron would be expected to formulate and delight in. The whole thing, to him, was a gaudy show, and it was quite impossible for any rational man, observing him at the end, to have any very active sympathy for him.

A new State law has got rid of the obscene crowds that used to flock to hangings, and of the bungling that once made them revolting. The gallows at the Penitentiary is admirably designed. Whittemore dropped at least ten feet, and he was unconscious instantly. Save for one brief drawing up of the legs as he died he didn’t move an inch. The old-time jail yard gallows was a wooden structure with a high step, and the condemned had to climb up that step. It was a dreadful ordeal. He could see the noose a long way off. But Whittemore, stepping out of a second-story door on to a high platform, was on the trap before he saw the rope at all. If he had not delayed the proceedings to bawl a nonsensical farewell he would have been dead in less than a minute after he emerged. As it was, he dropped in less than two minutes. Was the thing horrible as a spectacle? No more than the most trivial surgery. One does not see a man hanged. One sees a black bag.

I have spoken of Whittemore as a moron. The term is probably flattering. His farewell message in the Post and his philosophical autobiography in the same instructive paper, published a few months ago, showed the mentality of a somrwhat backward boy of ten. Such professional killers, I believe, are nearly all on the same level: a Gerald Chapman is very rare among them, as a man of honor is rare in Congress. The sentimentalists, observing the fact, employ it as an argument against capital punishment. It is immoral, they contend, for the State to take the life of a creature so palpably stupid, and hence so little capable of sound judgment and decent behavior. But all this, it seems to me, is full of bad logic. The State of Maryland did not kill Whittemore because he was a moron: it killed him because he had demonstrated conclusively that his continued existence was incompatible with the reasonable safety of the rest of us. What difference did it make whether his criminality was due to lack of intelligence, or, as in the case of Chapman, to intelligence gone rancid? The only important thing was that he was engaged habitually, and apparently incorrigibly, in gross and intolerable attacks upon the public security. What was to be done about it? He had been sent to prison without effect. He had actually committed a murder in prison. There remained only the device of taking his life, and so getting rid of a dangerous and demoralizing nuisance.

To argue that society, confronted by such a rogue, has no right to take his life is to argue that it has no rights at all — that it cannot even levy a tax or command a service without committing a crime. There are, to be sure, men who so argue, and some of their arguments are very ingenious. But they have not converted any considerable body of reflective men and women. The overwhelming majority of people believe that, when a man adopts murder as his trade, society is justified in putting him to death. They have believed it in all ages and under all forms of government, and I am convinced that they still believe it today. The execution of Whittemore was almost unanimously approved in Maryland. If he had escaped the gallows there would have been an uproar, and it would have been justified.

The opponents of capital punishment have firmer ground under them when they object to the infliction of the death penalty upon criminals other than professional murderers. The public opinion of Christendom long ago revolted against its employment to put down minor crimes: for example, theft. There has been of late a revolt against its use even in certain varieties of murder, and that revolt, I believe, is largely responsible for the increasing difficulty of getting convictions in capital cases, and the increasing tendency of the courts to upset convictions by legal quackery. The truth is that our criminal codes need a thorough overhauling. The old categories of crime are only too often archaic and irrational. It is absurd to hang an aggrieved husband for killing his wife and her lover, and let a professional murderer live because, in a given case, the State is unable to prove premeditation. The test should be, not he instant intention, but the antecedent circumstances. Every one of us, under easily imaginable conditions, may commit a premeditated murder. But that possibility does not make us professional criminals, and it does not necessarily justify the death penalty in case we succumb. Juries obviously have felt that way, for many a murderer has escaped under the so-called unwritten law.

Judge Frederick Bausman, of the State of Washington, a very intelligent jurist, once suggested a way out. All crimes, he said, should be divided into two new categories; those which a reasonable and otherwise reputable man, under the circumstances confronting the accused, might be imagined as committing, and those showing only deliberate and gratuitous criminality. Under the first heading would fall many crimes of passion and many ordinary thefts. Under the second would fall the doings of the Chapmans and Whittemores. The man who commits the former is now often used too harshly; the man who commits the latter is almost always used too softly. What sense is there in the old rule of evidence that the record of an accused, save he go on the stand himself, may not be brought against him on his trial? It is hypocritical and vain, for juries consider it notwithstanding. It is unjust, for the record often contributes to a sound judgment, as it did in the Whittemore case. The important thing is not to play a game according to a set of tight and stupid rules but to punish and put down crime. The way to do that is to proceed swiftly and harshly against professional criminals. I believe that every gunman should be hanged after his first shot, whether it kills or not. To stop short of that is to put the rights that he has deliberately forfeited above the public security. In other words, it is to convert the judicial process into a scheme for protecting and fostering crime.

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