2005: Brian Steckel, the Driftwood Killer

On this date in 2005, Brian Steckel was executed by lethal injection for a Delaware rape-murder.

Steckel got 29-year-old Sandra Lee Long to let him into her apartment on the pretext of making a phone call. (This was 1994, pre-cell phones.) Then he throttled her, sodomized her, raped her with a screwdriver, and set her bedroom on fire. Then he fled. (Long survived the immediate attack; she would die of smoke inhalation from the arson.)

Hours later, he called The News Journal identifying himself as the “Driftwood Killer” and threatening his next prospective victim by name. Police took that woman into protective custody and traced harassing calls she’d been receiving to Steckel, who obligingly confessed when arrested.

And investigators took Steckel’s threats at their word — as well they might with Long’s ghastly murder already under his belt — and counted themselves lucky to have nipped a potential spree killer in the bud. Steckel “thought about committing a murder for a long time,” New Castle County detective John Downs said. “We got him relatively early in his career. This was something he’d worked at.”

Fond of the drink and none too stable, Steckel menaced his own attorneys, spat at prosecutors, soaked up the media attention, and sent dozens of letters from prison, including Long’s autopsy sent to Long’s mother with a scribbled taunt reading “Happy, Happy. Joy Joy. Read it and weep. She’s gone forever. Don’t cry over burnt flesh.” He also made and retracted various dubious confessions to various murders in various states, and alternated between slandering his (known) victim and calling himself an “animal” for killing her.

If the evil was unfeigned, so was the remorse. At the end of his trial, he surprisingly addressed the the jury with an assent to his own execution.

I didn’t know how to say I’m sorry. How do you tell someone’s family you’re sorry for strangling them? … How do you do such a thing? I don’t know. I ask you people to hold me accountable for what I did. I’ve gotten away with so much in my life that I stand here today … I know I deserve to die for what I did to Sandy. … I’m prepared to give up my life because I deserve to.

He carried a like sentiment to the gurney, where he was apologetic to the victim’s mother he had once mocked.

I want to say I’m sorry for the cruel things I did. I’m not the same man I was when I came to jail. I changed. I’m a better man … I walked in here without a fight, and I accept my punishment. It is time to go. I love you people … I’m at peace.

At this point where the repentant felon ought to close his eyes and exit, an awkward 12-minute delay followed while the lethal injection machine clicked several times and Steckel remained lucid, appending his last statement with observations like, “I didn’t think it would take this long.”

While state officials denied there was any problem with the exceedingly slow lethal injection, Steckel did not appear to have been rendered unconscious, and was awake when he finally snorted and convulsed into death.

Attorney Michael Wiseman, pursuing a later lawsuit against the state’s death penalty procedure, claimed that the main IV line was blocked and when executioners switched to the backup line, they didn’t bother (pdf) re-administering the anesthetic sodium thiopental that forms the first drug of the basic three-drug lethal injection cocktail. That omission meant that Steckel would have been conscious when he was hit with a paralytic dose of pancuronium bromide, and still conscious when that was followed with an excrutiating heart-stopping shot of potassium chloride. (More on the process.)

Wiseman even got a member of the execution team to testify that he was “okay with” causing Steckel suffering owing to the bestial nature of Steckel’s crimes. (The source for this is the January 29, 2009 News Journal; the article is no longer available online.)

A federal circuit court rapped Delaware for “occasional blitheness” and “isolated examples of maladministration,” but rejected the lawsuit.

After a five-plus year hiatus following Steckel’s execution, the Blue Hen State resumed executions in 2011, switching for the occasion to the trendy new anesthetic drug pentobarbital since execution chambers can no longer get hold of sodium thiopental. Just like Brian Steckel.

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1812: Claude-Francois de Malet and his conspirators

Two centuries ago today,* the author of one of the weirdest attempted coups in history was shot with his co-conspirators.

Picture Valkyrie in Napoleonic Europe.

Claude-Francois de Malet (English Wikipedia entry | French) had spent the years of his confinement for republican sensibilities painstakingly readying bogus orders and decrees for the eventual rollout of the most audacious putsch you’d ever want to putsch.

While Bonaparte was off on campaign trashing Russia, Malet broke out of his sanitarium and went to work.

Donning a general’s uniform, Malet on Oct. 23, 1812 presented a forged announcement of the Emperor’s recent demise … and started issuing orders. He bluffed the release of imprisoned allies, and got a legitimate general to order the arrest of Napoleon’s most prominent deputies in Paris. (It’s a good job that general obeyed Malet, because when one officer asked to kindly see the arrest warrant Malet was using on him, Malet responded by shooting him in the face.)

For a few hours that morning the Malet conspirators almost put themselves in control, almost normalized their sudden rearrangement of authority with its reassuringly familiar official paperwork. Later, when interrogated for the identities of his accomplices, Malet would retort, “You, yourself, Sir, and all of France — if I had succeeded!”

But the attempted coup which aimed so high ultimately made for little but tantalizing counterfactual history. Officers with clearer heads soon realized that they had received communiques from the Emperor dated after his purported October 7 death; one of those officers arrested Malet.

A tribunal was constituted later that same date. It had little difficulty condemning 14 (French link) during the small hours of the morning on Oct. 29. They were shot later that same day (at least, most of them were; there are oddly conflicting accounts on this point). This public-domain French text preserves a first-person narration of the scene, in which Malet himself — usurping authority to the very last — commands the firing platoon that’s lined up to shoot his comrades.

120 bullets riddled these unfortunates, who fell all except Malet. He stood on his hands and knees and raised his hands to his chest as he was only wounded, and retreated to the wall on which he leaned:

“And me, my friends!” cried he, “You forgot me!”

(One of the executed fellow-officers was Gen. Victor Lahorie. Lahorie’s lover was Sophie Trebuchet, and his lover’s son, Victor Hugo, was about to catapult himself to literary fame.)

While the Malet plot failed on its own terms, it got quite a lot farther than it had any right to expect — and this fact rightly alarmed the Corsican.

“Bad News From France”, by Vasily Vereshchagin, depicts a retreating Napoleon — bunking in an Orthodox church — finding out about Malet.

Was his position that precarious? And why, if some officers genuinely believed him dead, did nobody hail as emperor his infant son and designated heir?

Napoleon had already begun his catastrophic retreat from Russia when he got word of Malet’s attempted coup d’etat; the struggling Grande Armee was dwindling daily under the battering of cold, desertion, and Russian snipers. Now this?

Upon discovering his late narrow escape from a homefront conspiracy, Napoleon left his miserable troops under the command of Murat* and raced ahead of them back to Paris to secure his own position.

This new confluence of domestic vulnerability and foreign defeat marks the beginning of the end for Napoleon. Europe ganged up on the weakened French, and less than 18 months after Malet faced his executioners, France’s own generals forced Napoleon to abdicate.

* Murat soon ditched the army himself to try to preserve himself as King of Naples. (That didn’t end well.) The once-gigantic army’s remnants finally straggled home under the third-string leadership of Eugene de Beauharnais — the capable son of Josephine’s guillotined first husband.

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1891: William Rose

On this date in 1891, William Rose was hanged — and, when the rope snapped, hauled back up and hanged again — for murdering his feuding neighbor Moses Lufkin in Redwood County, Minn.

The scaffold botch was an apt conclusion to a deeply controversial case. Two juries hung (both leaning towards acquittal) before a third trial finally convicted Rose with the help of new eyewitness testimony that wouldn’t inspire much confidence now — and didn’t even back then.

Lufkin had been shot through a window at night — this is according to that questionable eyewitness testimony — by an unknown assailant who then fled. Connecting Rose to the murder required stitching together circumstances: Rose’s known hatred for Lufkin; the want of an alibi; the fact that he’d recently bought some ammunition. Rose protested his innocence from start to finish, and many people believed him.

In a letter published by the St. Paul Weekly Pioneer Press on Oct. 15, Rose accused that very witness of the murder: Lufkin, who was loathed by many besides Rose, had been living with the witness; said witness also knew Lufkin had cash on hand from a pension payment and the sale of his farm. Rose even repeated this accusation at the gallows.

The contentious proceeding — “one of the most remarkable cases known in the history of the State of Minnesota,” in the words of one contemporaneous report* — has been revived for a present-day audience in Patricia Lubeck’s new book, Murder in Gales: A Rose Hanged Twice. Lubeck and her friend and research assistant Michelle Gatz combed through original trial transcripts and newspaper coverage, and it left the author “pretty sure that William Rose didn’t do.”

Lubeck (author website) is the curator of Redwood County Museum, which still preserves the jail cell where Rose spent his last night on earth. She was gracious enough to share her research with Executed Today. (Other interviews with Ms. Lubeck are here and here.)


Patricia Lubeck. (Photo courtesy of Ms. Lubeck.)

Murder in Gales: A Rose Hanged Twice book coverET: First off, how did you come by this story and what made you decide to devote a whole book to it?

PL: Kind of by a fluke. I came across it at the Minnesota History Center; I was helping my friend research.

When I worked at Yellow Medicine County, I researched the first man hanged in that county and became interested in early crime in southwestern Minnesota. At one point, the archivist at the Minnesota History Center brought out several boxes of court transcripts from trials. I was perusing through several cases when I came across the Lufkin vs. Rose case, and it looked very interesting.

So, William Rose and Moses Lufkin were neighbors and foes. What was the nature of their enmity — how did it get started?

They were two families who settled in southwest part of Minnesota in the late 1800s and they were friendly neighbors in the beginning. But soon petty differences arose, and the quarreling increased in bitterness from year to year.

Then a new element came into the picture when William Rose fell in love with Lufkin’s beautiful daughter Grace, and her father put a stop to the romance. This sparked the feud and lawsuits.

I think because of that feud, when Lufkin was murdered, the community kind of thought that maybe Rose did it.

The problem of the dicey sufficiency of the evidence was at the heart of the case at the time — in trial, on appeal, in the court of public opinion. Does this case have any lessons for thinking about the wrongful-conviction phenomenon here in the 21st century? Or what else do you hope the reader will take away from your book?

I guess I was just really outraged by what William Rose went through, and I felt like I was the voice for Rose. This is a story that not many people know about; it was not just a cut-and-dried case and there were a lot of factors involved. I just want people to know that there were many other possible suspects that could have done it, but that he, Rose, was the one who paid for the crime.

And I still feel that somebody has the missing piece, and somebody may come forward to exonerate Rose. I would like anyone who has information about this case to contact me by mail at: Box 52, Belview, MN 56214.

They had to try him three times to get the conviction, and the case was unusually protracted and controversial. Was there any legal chicanery involved in accomplishing the guilty verdict? By the standards of the time were there any areas where the courts clearly dropped the ball legally?

Another man who lingered alone [after Rose’s funeral] was ol’ man Slover … [who] proclaimed to those still standing at the gravesite, “Gentlemen, this is awful.”

“It certainly is,” replied [Rose’s friend] John [Averill]. “Are you sure you’ve got the right man?”

Slover replied, “I don’t know, John, but I hope so.”

-from Murder in Gales

The difference in the third trial was that Eli Slover came forward and said he was sure that it was William Rose who shot the gun. He had testified at the previous two trials that he wasn’t sure at all … and the shooter was someone he supposedly saw from the back, in the dark, so how would he be sure?

The prosecutor, Michael Madigan, was suspected of meeting with certain witnesses prior to their testimony; coaxing them and possibly even bribing them to give the testimony he wanted in order to bring in a conviction against Rose. I think that the prosecutor wanted to bring in a guilty verdict, and he persuaded Eli Slover to say that William Rose was the one that he saw that night, running away. Later on, this prosecutor got in trouble himself. He went to prison and got disbarred for perjury in 1893.

William Rose on the gallows accused Slover by name as the murderer; Lufkin had moved in with the Slovers and recently sold his farm, so the Slovers knew he had cash on him. He [Slover] is one of a number of other possible suspects I list in the book. This Lufkin guy was a bad man; he himself always stated he would die a violent death.

But at the time that William Rose was facing his trials, there was another murder that happened around the same time period in Redwood County — Clifton Holden, who killed Frank Dodge. People were shocked to have two murders in their midst, after having had a couple of other homicides in the recent past,** and there was a danger that Holden and Rose could have been lynched. At the time, the press and public sentiment cried out for a conviction, and the county was becoming burdened by the costs of trials and so a guilty verdict was found. Holden was also sentenced to hang, but at the 11th hour, Gov. Merriam reduced the sentence to life in prison.


Although memory of these sad events have faded, they were talked-about in the area for years after William Rose’s hanging. “Time and again,” said one newspaper account Lubeck quoted, “has some cute individual started the story that Will Rose was innocent.” There were even confused local rumors that Slover had made a deathbed confession from his later residence in Oregon.

“These events brought home to the people of Minnesota the the truth that the prevailing system during the 1800s, of executing criminals, was radically, morally, and terribly wrong,” Lubeck argues.

William Rose was the only person ever executed in Redwood County. Minnesota abolished the death penalty full stop in 1911.

* St. Paul (Minn.) Daily News, Oct. 15, 1891

** The Marshall (Minn.) News Messenger harrumphed on Nov. 30, 1888, shortly after Rose’s avoided conviction in his first trial, “Redwood County had its fourth murder in two years, and we know of no other county where a murderer may so easily escape, even by going through the court system of Redwood.

“The Alexander murder, premeditated, easily escaped. The Gorres murder only got 6 years for manslaughter, about what a small thief would receive; the Rose murder resulted in acquittal. And now Clifton Holden has murdered a fourth victim.

“Meanwhile the taxpayers are being grieveously burdened with taxation for all these murder trials.”

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1939: Pete Catalina and Angelo Agnes, Colorado murderers

CANON CITY, Col. Sept. 30 (AP) — Two convicted murderers died in the lethal gas chamber and a cardiogram, a record of heart action, showed that one of them died without fear.

Pete Catalina, 41, a Salida (Col.) pool hall operator convicted of shooting a man in an argument over a 50-cent stack of poker chips, agreed to meet death wearing equipment recording his last heart beats.

Angelo Agnes, 31,* a Denver Negro convicted of slaying his estranged wife, declined to wear the device. Like Catalina, however, he did not fight the lethal fumes and both men were pronounced dead at 8:02 P.M., exactly two minutes after Warden Roy Best released gas into acid containers beneath their chairs.

I.D. Price, an electrical expert who operated the heart recording instruments, said that Catalina’s heart beat appeared strong and even for one minute and 10 seconds, then stopped abruptly when he inhaled the poison fumes. Agnes inhaled the gas 55 seconds after its generation began.

The “quickest and most humane execution we ever had” was later alleged to have experienced a gas leak that caused witnesses to flee their seats.

* Agnes was friendly with Joe Arridy, who had been executed in the same gas chamber earlier that same year.

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1942: Ten for Meir Berliner’s murder of a Treblinka officer

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

On September 11, 1942, Meir Berliner, an inmate of the Treblinka Extermination Camp, stabbed UnterscharfĂ¼hrer Max Bialas to death with a penknife during evening roll-call. The Nizkor Project summarizes:

Max Bialas

At the evening roll-call of the prisoners, Max Bialas instructed those who had arrived that same day to line up on the side. It was not clear who was to be liquidated — the new arrivals or those who had arrived earlier. At that moment Berliner jumped out from the ranks of the prisoners, lurched toward Bialas and stabbed him with a knife. A great commotion followed. The Ukranian guards opened fire. Berliner was killed on the spot. and in the course of the shooting more than ten other prisoners were killed and others were wounded. When the tumult subsided the prisoners were lined up again for roll-call. Christian Wirth, who was in Treblinka at the time, arrived on the scene accompanied by Kurt Franz, the second in command of the camp. Ten men were removed from the ranks and shot on the spot in full view of all the others. On the following day, during the morning roll-call, another 150 men were taken out, brought to the Lazarett [the so-called “hospital” which was in fact an execution site] and shot there.

Little is known about Berliner.

According to the testimony of fellow-inmate Abraham Krzepicki, he was a middle-aged Jewish citizen of Argentina who had lived in that country for many years.

He and his wife and young daughter traveled to Poland on vacation in the summer of 1939. They could have picked a better time: when Germany invaded on September 1, 1939, the Berliners were unable to return home. Their Argentine passports should have protected them, but they ended up in the Warsaw Ghetto and were transported to Treblinka. Berliner’s wife and child were gassed immediately, but he was spared to work.

This reprieve would be expected to last days, or a few weeks at the most before he too would go to the gas chamber. Berliner became consumed with rage and the thirst for revenge, supposedly saying, “When the oppressors give me two choices, I always take the third.”

And so he took the first opportunity he could to kill one of his tormentors. As Yitzhak Arad said in his book Belzec, Sobibor, Treblinka: The Operation Reinhard Death Camps*: “His was an individual act of heroism and despair.”

As he must have known he would, Berliner died a horrible death — according to Krzepicki, he was beaten to death with a shovel.

Ironically, following Bialas’s murder, conditions for prisoners at Treblinka actually improved.

This was strictly for pragmatic reasons, as Arad noted: “The Jews selected for temporary work were a danger to the Germans, and the Berliner incident had proved it … When people knew they had nothing to lose, an act of despair like that of Meir Berliner could happen again and again.”

Rather than constantly killing and replacing their workers, the Nazis in charge of the camp decided to create a permanent staff of prisoner-workers and treat them with relative humanity. In this way, they hoped to prevent further acts of suicidal violence on the part of the Jews.

The existence of a permanent cadre of workers made it possible to plan and organize a revolt and mass escape from the camp. In August 1943, after months of conspiring and gathering the necessary weapons, the inmates killed most of the guards and made a run for it. About 300 or so actually made it outside of camp; of those, approximately 60 would survive the war.

* Operation Reinhard is presumably named for Reinhard Heydrich.

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1820: Amasa Fuller, the Indiana hero

On this date in 1820, Amasa Fuller was hanged for murdering his rival in love.

“I am a man, and have acted the part of a man!” he declared when taken standing over the still-expiring body of his victim, Palmer Warren. “I glory in the deed!”

It’s one of those problematic constructions of manhood that might do for a graduate thesis.

Our man-actor from the town of Lawrenceburg (and from a star-crossed family with a pattern of violent deaths) had been courting assiduously a “young lady”. Apropos of that graduate thesis, the historical records basically don’t even mention her name; according to a single newspaper article cited in Cecilia Reclaimed: Feminist Perspectives on Gender and Music, it was “Catharine Farrar”. The court records generally just call her the “young lady,” even adding that she was “not handsome,” as in “why are you people committing homicide over this prize?”

But let’s just say Miss Farrar was really great. And Amasa Fuller was really smitten.

Having wooed Farrar into an engagement, Fuller was incensed when he found out that she’d been swooped by a rival while he, Fuller, was away on a business trip. Murder by Gaslight has illuminated the fuller story of Fuller’s revenge; in fine, he returned to Lawrenceburg, and after several unsuccessful attempts to start a scrap with his rival, Fuller forced his way into Palmer’s office, offered him a pistol for a duel, and when the peacable Palmer again refused to fight, Fuller just plain shot him — right through the heart.

Strangely from our retrospective standpoint, the good people of Lawrenceburg viewed Fuller not so much as an unbalanced stalker as, well, the Indiana hero — a man of honor. After Fuller’s conviction,* Lawrenceburg and its surrounding Dearborn County petitioned almost en masse for Fuller’s pardon.

When they didn’t get it, they settled for an execution ballad, “Fuller and Warren”, that lauds “brave Fuller” standing “like an angel” on the scaffold’s trap. (Right before the rope broke.)

This ballad has some bitter words for the near-anonymous object of Fuller’s heart who “robbed him of his honour and his life”: “Cursed be she who has caused this misery; / In his stead she had ought for to die.” And it’s not much kinder to womankind in general:

Of all the ancient history that I can understsnd,
Which we’re bound by the scripture to believe,
Bad women are essentially the downfall of man,
As Adam was beguiled by Eve.

So, young men, beware, be cautious and be wise
Of such women when you’re courting for wives.
Look in Genesis, and Judges, and in Samuel, Kings, and Job,
And the truth of the doctrine you’ll find.

For marriage is a lottery and few gain the prize
That’s both pleasing to the heart and to the eye.
So those who never marry may well be called wise.
So, gentlemen, excuse me; goodbye.

(Some versions of the ballad — there are dozens of variations on record — omit these last and nastiest stanzas.)

* He was prosecuted by future U.S. Congressman Amos Lane, about whom, more in this 1930 JSTOR offering.

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1896: Charles Thiede, the first since Utah statehood

On this date in 1896, seven months after admittance as the 45th U.S. state,* Utah hanged Charles Thiede.

By birth a Pomeranian — the place, not the dog — this Salt Lake City saloon owner had gone to sea as a youth and had the hard drinking to show for it. He was plenty notorious before death row for getting into the drink himself, in which condition he often disported himself pummeling his wife, Mary.

When his wife turned up “mysteriously” done to death — her throat twice slashed — outside of Thiede’s tavern one fine spring night in 1894, it didn’t take much connecting of the dots to infer the guilt of her abusive husband, who also was the one who happened to “find” the body. Thiede, all the way to the end, would maintain his innocence, which nobody believed; a fistful of private detectives Thiede threw at the investigation in the weeks leading up to his death turned up little but a weird story about Mary dallying with a vengeful bootlegger. (Or Charles Thiede’s own going hypothesis that some wandering Swedes tried to rape Mary.)

Still, it does have to be allowed that beating a spouse in private, however discreditable the deed, has a different character than slashing her throat on a public road. This was a distinct m.o., and there was little specific cause anyone could point to for Thiede’s having done it. Circumstantial evidence has a way of stacking up against you when you’re known as a violent drunk.

According to Frontier Justice in the Wild West, an Oregon firm was paid $150 to set up a scaffold (hidden from public view within a palisade) using the “twitch-up” design in vogue in the late 19th century. Thiede wasn’t going to drop: he was going to be jerked upward by dropping a counterbalance.

The hanging rope passed through a hole in the crossbeam, over two pulleys, and down the side, where a 430-pound weight was attached. Under the noose was a low wooden platform upon which the condemned man was to stand while being prepared. In the entire construction of the gallows, not a nail or pin was used; it was bolted together so that it could be disassembled and used again.


This illustration of the setup for Charles Thiede’s hanging appeared in the Aug. 11, 1896 Salt Lake Semi-Weekly Tribune. The caption explains the apparatus: “The executioner was concealed in the tent at right,and at a signal from the Sheriff pulled the hidden lever, which drew back (A) the projecting piece of steel which supported (B) the iron bar on which the 430-pound cube of lead rested, causing the weight to drop, and the body to be jerked upward.”

This clever device worked perfectly, if the aforesaid Semi-Weekly Tribune is to be believed, but it would never see action again. Most Utahans preferred the state’s other choice alternative for execution, the firing squad; there wouldn’t be another hanging there until 1912.

Thiede himself was secretly buried in nearby Sandy, Utah, whose citizens were so incensed at becoming involuntary wardens of the killer’s mortal remains that an armed standoff between Sandy residents and Thiede’s people was only dialed down when the latter agreed to remove the remains from the cemetery proper and bury them in an adjacent feld.

* When the U.S. Supreme Court remanded the case to Utah shortly before the hanging, it at first accidentally addressed its order to the Territory of Utah.

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1722: Cartouche’s brother, hanged by the armpits

On this date in 1722, the younger brother of the great French outlaw Cartouche was punished with a bizarre non-fatal hanging in Paris’s Place de Greve.

At least, it was supposed to be non-fatal.

Little Louison was a whelp of 15 years and already condemned to hard labor in the months-long smashing-up of the gang that followed the ringleader’s 1721 execution. “Nothing but hangings and breakings on the wheel!” one diarist scribbled in July 1722. “Every day some Cartouchian executed.”

As a sort of piece de resistance for the month, a judge named Arnould de Boueix, sore about the murder of a gendarme in his family, ordered the young Louison “hanged” under the armpits (the rope about his chest) for two hours as an additional punishment/humiliation. Judge de Boueix apparently devised this thing without any sort of precedent or anatomical expertise that would actually confirm the safety of the procedure.

[Louison] cried out very loudly at first, and begged that he might be put out of pain at once, as the weight of his body seemed to force every drop of blood down to his feet. “Ce-qui” (adds Barbier) “est la souffrance des pendus.” [“Such is the suffering of the hanged” -ed.]

Later, his tongue protruded, and he spoke no more. Without waiting for the ordained two hours to expire, the lad was taken down and placed in medical care; but it was too late. He was already dead. “He was very wicked for his years,” says Barbier, “and had been an accomplice of his brother from a very early age.”

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1789: Joseph-Francois Foulon, corrupt financier, lynched

On this date, just days after the Bastille fell, so did the head of widely-loathed ancien regime pol Joseph-Francois Foulon (or Foullon) de Doue.

“This is that same Foulon,” says Carlyle, “named ame damnee du Parlement; a man grown gray in treachery, in griping, projecting, intriguing and iniquity: who once when it was objected, to some finance-scheme of his, ‘What will the people do?’ — made answer, in the fire of discussion, ‘The people may eat grass:’ hasty words, which fly abroad irrevocable, — and will send back tidings!”

Marie Antoinette, eat your cake out.

Foulon’s grass tidings would arrive courtesy of the king‘s July 11, 1789 dismissal of Finance Minister Jacques Necker and attempt to rule through an ultra-royalist government. It was fury over this apparent reactionary coup that led to the storming of the Bastille and catalyzed the French Revolution.

Foulon, now the Controller-General of Finances — and as Carlyle puts it, “a scoundrel; but of unmeasured wealth,” who had gorged himself at the public trough while the kingdom’s finances grew thin, and who was widely suspected of having manipulated the food supply out of cruel rapacity — apprehended the danger and fled town. He even staged a lavish funeral to put about word that he had died suddenly.

But “some living domestic or dependant, for none loves Foulon,” betrayed him (Carlyle’s version) — or by whatever means, the Parisian mob sniffed him out. Then it quickly did to him what the Parisian mob would soon become famous for. “His old head, which seventy-four years have bleached, is bare; they have tied an emblematic bundle of grass on his back; a garland of nettles and thistles is round his neck: in this manner; led with ropes; goaded on with curses and menaces, must he, with his old limbs, sprawl forward; the pitiablest, most unpitied of all old men.”

Carlyle spares little but the most animal pity for Foulon, but the mob did not even muster that. Summoned to be judged at the Hotel de Ville — the Marquis de Lafayette and the new mayor of Paris, Bailly, unsuccessfully attempted to intercede for proper procedure — Foulon found himself instead subject to the revolutionary judgment of the masses.

For Dickens, in A Tale of Two Cities, this incident forms one of the mileposts of the Revolution, when the waiting sans-culottes of Saint Antoine are transfigured, and leads the fictional long-time revolutionary conspirator Defarge to sigh to his even more implacable wife, “At last it is come, my dear!”

“Does everybody here recall old Foulon, who told the famished people that they might eat grass, and who died, and went to Hell?”

“Everybody!” from all throats.

“The news is of him. He is among us!”

“Among us!” from the universal throat again. “And dead?”

“Not dead! He feared us so much—and with reason—that he caused himself to be represented as dead, and had a grand mock-funeral. But they have found him alive, hiding in the country, and have brought him in. I have seen him but now, on his way to the Hotel de Ville, a prisoner. I have said that he had reason to fear us. Say all! Had he reason?”

Wretched old sinner of more than threescore years and ten, if he had never known it yet, he would have known it in his heart of hearts if he could have heard the answering cry.

A moment of profound silence followed. Defarge and his wife looked steadfastly at one another. The Vengeance stooped, and the jar of a drum was heard as she moved it at her feet behind the counter.

“Patriots!” said Defarge, in a determined voice, “are we ready?”

Instantly Madame Defarge’s knife was in her girdle; the drum was beating in the streets, as if it and a drummer had flown together by magic; and The Vengeance, uttering terrific shrieks, and flinging her arms about her head like all the forty Furies at once, was tearing from house to house, rousing the women.

The men were terrible, in the bloody-minded anger with which they looked from windows, caught up what arms they had, and came pouring down into the streets; but, the women were a sight to chill the boldest. From such household occupations as their bare poverty yielded, from their children, from their aged and their sick crouching on the bare ground famished and naked, they ran out with streaming hair, urging one another, and themselves, to madness with the wildest cries and actions. Villain Foulon taken, my sister! Old Foulon taken, my mother! Miscreant Foulon taken, my daughter! Then, a score of others ran into the midst of these, beating their breasts, tearing their hair, and screaming, Foulon alive! Foulon who told the starving people they might eat grass! Foulon who told my old father that he might eat grass, when I had no bread to give him! Foulon who told my baby it might suck grass, when these breasts were dry with want! O mother of God, this Foulon! O Heaven our suffering! Hear me, my dead baby and my withered father: I swear on my knees, on these stones, to avenge you on Foulon! Husbands, and brothers, and young men, Give us the blood of Foulon, Give us the head of Foulon, Give us the heart of Foulon, Give us the body and soul of Foulon, Rend Foulon to pieces, and dig him into the ground, that grass may grow from him! With these cries, numbers of the women, lashed into blind frenzy, whirled about, striking and tearing at their own friends until they dropped into a passionate swoon, and were only saved by the men belonging to them from being trampled under foot.

Nevertheless, not a moment was lost; not a moment! This Foulon was at the Hotel de Ville, and might be loosed. Never, if Saint Antoine knew his own sufferings, insults, and wrongs! Armed men and women flocked out of the Quarter so fast, and drew even these last dregs after them with such a force of suction, that within a quarter of an hour there was not a human creature in Saint Antoine’s bosom but a few old crones and the wailing children.

No. They were all by that time choking the Hall of Examination where this old man, ugly and wicked, was, and overflowing into the adjacent open space and streets. The Defarges, husband and wife, The Vengeance, and Jacques Three, were in the first press, and at no great distance from him in the Hall.

“See!” cried madame, pointing with her knife. “See the old villain bound with ropes. That was well done to tie a bunch of grass upon his back. Ha, ha! That was well done. Let him eat it now!” Madame put her knife under her arm, and clapped her hands as at a play.

The people immediately behind Madame Defarge, explaining the cause of her satisfaction to those behind them, and those again explaining to others, and those to others, the neighbouring streets resounded with the clapping of hands. Similarly, during two or three hours of drawl, and the winnowing of many bushels of words, Madame Defarge’s frequent expressions of impatience were taken up, with marvellous quickness, at a distance: the more readily, because certain men who had by some wonderful exercise of agility climbed up the external architecture to look in from the windows, knew Madame Defarge well, and acted as a telegraph between her and the crowd outside the building.

At length the sun rose so high that it struck a kindly ray as of hope or protection, directly down upon the old prisoner’s head. The favour was too much to bear; in an instant the barrier of dust and chaff that had stood surprisingly long, went to the winds, and Saint Antoine had got him!

It was known directly, to the furthest confines of the crowd. Defarge had but sprung over a railing and a table, and folded the miserable wretch in a deadly embrace—Madame Defarge had but followed and turned her hand in one of the ropes with which he was tied—The Vengeance and Jacques Three were not yet up with them, and the men at the windows had not yet swooped into the Hall, like birds of prey from their high perches—when the cry seemed to go up, all over the city, “Bring him out! Bring him to the lamp!”

Down, and up, and head foremost on the steps of the building; now, on his knees; now, on his feet; now, on his back; dragged, and struck at, and stifled by the bunches of grass and straw that were thrust into his face by hundreds of hands; torn, bruised, panting, bleeding, yet always entreating and beseeching for mercy; now full of vehement agony of action, with a small clear space about him as the people drew one another back that they might see; now, a log of dead wood drawn through a forest of legs; he was hauled to the nearest street corner where one of the fatal lamps swung, and there Madame Defarge let him go—as a cat might have done to a mouse—and silently and composedly looked at him while they made ready, and while he besought her: the women passionately screeching at him all the time, and the men sternly calling out to have him killed with grass in his mouth. Once, he went aloft, and the rope broke, and they caught him shrieking; twice, he went aloft, and the rope broke, and they caught him shrieking; then, the rope was merciful, and held him, and his head was soon upon a pike, with grass enough in the mouth for all Saint Antoine to dance at the sight of.

That grass-stuffed head on a pike was there waiting when the bloody banquet’s digestif arrived later that evening in the form of Foulon’s son-in-law Louis-Jean Bertier de Sauvigny: another government official arrested that day and drug to the same place, for the same fate.


Bertier de Sauvignon, Intendant of Paris, Is Led to His Punishment (Source, specifically image 25)

On this day..

2008: Curtis Osborne, poorly represented

Nach Golde drängt,
Am Golde hängt
Doch alles.

Goethe, Faust

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

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

Pretty awful.

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

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

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

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

Pretty awful.

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

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

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

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

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

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

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

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

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

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

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

Pretty damn awful.

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

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

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

On this day..