Category Archives: Capital Punishment

2009: Zhang Yujun and Geng Jinping, for tainted milk

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

On this day in 2009, Chinese citizens Zhang Yujun and Geng Jinping were shot to death in connection with China’s tainted milk scandal.

The affair caused some 300,000 infants to became sick, six of them fatally. They were killed by powdered milk tainted with melamine, an industrial chemical used in plastics and fertilizer. Zhang, a dairy farmer from the province of Hebei, sold hundreds of tons of tainted milk powder in 2007 and 2008; he was the largest supplier. Geng supplied toxic milk to dairy companies.

The scandal was stupendous and made headlines all over the world. According to Time magazine, the tainted milk found its way to Taiwan, Singapore and Japan. China’s $232 million dairy export industry cratered as the European Union and a dozen nations in Asia and Africa banned Chinese milk and milk products. The farmers who depended on milk sales for their livelihood were reduced to simply pouring their surplus stock down the drain, and since nobody wanted to buy dairy cows under these conditions, some farmers just slaughtered their animals.

Top: Chinese farmers destroy tainted milk. Bottom: Zhang Yujun (left) and a supplicating Geng Jinping (right).

Nor was milk wasn’t the only export product with this problem; Wikipedia’s timeline of the scandal states melamine was subsequently discovered in Chinese eggs, egg powder, baking ammonia, chicken, crackers and animal food.

Melamine was added to the milk to fool government protein tests, which would show whether the milk had been diluted or not. (Watered-down milk had been a problem in the past; in 2004 thirteen Chinese babies died of malnutrition after being fed milk that was so watery it had almost zero nutritional value.) Melamine, like protein, is high in nitrogen, so the presence of melamine in food would cause the protein content to appear higher than it really was.

It isn’t clear whether the people who altered the milk knew — or cared — that it was poisonous. Very poisonous. Melamine is never supposed to be used in food; it causes kidney stones and in some cases complete renal failure, especially in young children. A child can take over six months to recover from exposure.

Some blame must be attached to the (suspect) Chinese food safety administration, which in May 2008 reported that over 99% of baby milk powders had been deemed safe. (In fact, one major dairy company had begun hearing complaints about its baby milk as far back as the previous December.) The Ministry of Health was informed about the sick infants in July. There are strong suspicions that the government tried to suppress the reports to avoid embarrassment; the Olympics were in Beijing that summer and the world’s eye was on China. The scandal was only made public in September, after the Games.

Twenty-one people involved in the scandal were brought to trial on various charges in December 2008, and convicted in January.

Tian Wenhua, the general manager of the Chinese dairy giant Sanlu, pleaded guilty to producing substandard goods and was sentenced to life in prison. She admitted she’d known the milk was bad for four months before she reported this fact to the authorities. Sanlu tried to keep complaining parents quiet by giving them free milk, which was also tainted. Tien was widely perceived as being the person most responsible for the scandal, and many were disappointed that she didn’t get the death sentence.

Other defendants received various prison terms. One of them was given a suspended death sentence, but only Zhang (guilty of endangering public safety) and Geng (guilty of producing and selling toxic food) were actually executed.

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1499: Perkin Warbeck, Princes in the Tower pretender

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

On this day in 1499, Perkin Warbeck, pretender to the English throne, was hung at Tyburn for treason. He didn’t fare as well as the previous royal pretender, Lambert Simnel, who was pardoned by King Henry VII and made a spit-turner in the royal kitchens.

Warbeck claimed he was Richard, Duke of York, the younger son of King Edward IV. Richard and his older brother, the would-be Edward V, mysteriously vanished around 1483, allegedly murdered by their allegedly evil uncle Richard III, who had already had them declared illegitimate. (Shakespeare made this version — which was congenial to the ruling Tudor dynasty of his time — the standard in Richard III; the play channeled Thomas More‘s history of Richard.)

The murder story has never been proven and the princes’ bodies were never identified, leaving a yeasty petri dish for pretenders to grow and multiply — and so they did.

Warbeck, who later admitted he was actually born in Tournai, in Flanders, in approximately 1474 (his father is described by one source as “a renegade Jew”) first claimed to be the Duke of York either while at the court of Burgundy in France in 1490, or while serving a silk merchant in Ireland in 1491.

He did bear a strong resemblance to Edward IV, but there is no evidence that he was really Richard of York or that he and the late king were related in any way.

Nonetheless, his claim was soon recognized by Charles VIII, King of France … and it naturally appealed to the fledgling Tudor dynasty’s potential internal rivals, too.

Margaret of Burgundy, who was Edward IV’s sister and the disappeared Duke of York’s aunt, was one of these educated the pretender about “his” history and the ways of the English court, and she helped finance Warbeck’s attempted conquest of England in 1495. It went badly from the beginning: Warbeck’s army was trounced and 150 of his troops were killed on the beach in Kent before he even made it ashore. Warbeck fled to Ireland and then Scotland.

Warbeck had more success in his second invasion attempt, in Cornwall in 1497 on the heels of the Cornish Rebellion.

Warbeck promised an end to the exorbitant taxes levied on the citizenry, which welcomed both pretender and promise with open arms. His army grew to 6,000 or 7,000 men, and Warbeck began calling himself Richard IV of England, but when he found out King Henry was after him he panicked and deserted his men.

He was captured and imprisoned at the infamous Tower of London, but not before being “paraded through the streets on horseback amid much hooting and derision of the citizens.”

The execution was not until 1499, and only after it was alleged that Warbeck tried to escape with a real royal claimant, Edward Plantagenet, Earl of Warwick. On November 23, Warbeck was taken from the Tower to Tyburn, where he read out a confession and was hanged. His wife, Lady Catherine Gordon, a cousin of the King of Scotland, had a better fate; she was given a pension and a job of lady-in-waiting to the Queen.

At least she didn’t have to turn a kitchen spit.

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Feast Day of St. Cecilia, patron of music

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This is the feast day of the early Christian saint Cecilia.

There’s more than serendipity in that name’s pop culture connection: Cecilia is the patron saint of music for the rather slight reason that her heart sung only for God even when she was forced to marry the pagan Valerian. Seriously, Christianity didn’t have any early martyr with a stronger biographical context for a portfolio as significant as music?*

Being the go-to divine intermediary for something this big made Cece a popular saint centuries after her martyrdom, supposed to be either later in the 2nd century or early in the 3rd. (As with many other martyrs’ legends, Cecilia survives several executions before the Romans finally manage to cut her head off.)

Musician and songwriter Paul Simon knew enough St. Cecilia lore to explicitly use her in her musical-patronage role in a different song, “The Coast” (lyrics). The song “Cecilia” deepens immensely if it’s understood as mixed frustration and exaltation with the minstrel’s inconstant artistic muse.

Nor would that be the only 20th century musical homage for this accessible saint. In a more traditional vein, Benjamin Britten set to music a W.H. Auden poem about Cecilia, creating the Hymn to St. Cecilia.

Blessed Cecilia, appear in visions
To all musicians, appear and inspire:
Translated Daughter, come down and startle
Composing mortals with immortal fire.

Fans of classical music should hit YouTube for Handel’s Ode for St. Cecilia’s Day, which appropriately premiered on this date in 1739. Here’s a nibble:

* So far as we know, blogging remains a niche of divine patronage as-yet unfilled. We propose to accept the protection of the patron saint of lost causes.

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1903: Tom Horn

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On this date in 1903, Tom Horn hanged in Cheyenne — a frontier legend lost in the post-frontier world.

Tom Horn passed the months between trial and execution braiding rope. Legend obviously holds that he made the noose that hanged him.

Horn‘s forty-three colorful years traced the waning days of the Wild West: he was a cavalry scout who helped capture Apache warrior Geronimo, a Pinkerton agent, a hired gun in the murderous Wyoming cattle wars. (He made a side trip to Florida during the Spanish-American War to organize Teddy Roosevelt’s supply train before the Battle of San Juan Hill.)

He had hunted many rustlers to their deaths, though he may have swung for a killing he didn’t do; the verdict against him in the murder of 14-year-old Willie Nickell is still hotly disputed to this day. It turned on a dubious liquor-induced “confession” as recorded by the lawmen who wanted to arrest him.

Horn’s death, to the hymn of “Life’s Railway to Heaven”, is a milestone in the passing of the frontier West; too, it was a milestone in a weird experimental cul-de-sac for modern America’s fascination with technological innovation on the scaffold. A contraption called the “Julian gallows,” named for the man who designed it, used the prisoner’s weight on the trap to open a water valve that filled a barrel that knocked over a post supporting the trap, causing the prisoner to eventually drop without any hangman’s hand on a lever.

A steady,* solitary man, Horn took it all in with equanimity. Maybe it was written: not for this rugged plains gunslinger to lurk on as a relic into the age of flight, cubism, trench warfare. Already in his lifetime the frontier had disappeared into kitsch.

Tom Horn lives on in Wyoming lore, and the tale has no greater curator than Wyoming’s Chip Carlson. Carlson manages www.tom-horn.com and is the author of Tom Horn: Blood on the Moon; he was good enough to chat with Executed Today about our day’s subject.

First things first — did Tom Horn actually do the crime for which he hanged?

Tom Horn was convicted because of social pressure (the fact that he represented the cattle barons) and the political ambitions of the prosecutor and presiding judge.

So what was different in Wyoming after Horn’s execution?

The cattle barons and other big business entities (e.g., mining barons, railroad barons, etc.) had much less influence on public affairs.

He seems like an almost self-consciously inscrutable character. What drove him?

He was a faithful and reliable employee, but seemed to thrive on adrenaline.

Was he just, at the end, a man who couldn’t change as his world changed around him?

Yes, he was out of date and out of the times.

Did people of his own time also see him as a part of the frontier West that was no more?

Yes.

How did you become so interested in Tom Horn? As the go-to expert on his life, what do you find draws others to him, and what sorts of lessons do people draw from his story?

He is the number one Name in Wyoming history, because of the controversies about whether he killed 14-year-old Willie Nickell (tom-horn.com page) and how his trial was conducted. (tom-horn.com page)

I had read every book published about him up till the time I started researching him, and when contrasting the various testimonies in the inquest with the trial, puzzled, how the hell could they have ever convicted him? All this is laid out in my book, Tom Horn: Blood on the Moon.

Two films about Tom Horn — Mr. Horn, starring David Carradine, and Tom Horn, starring Steve McQueen — were released within months of each other in 1979-80.

* His reported last words were coolly directed at one of his executioners who showed anxiety — “Ain’t losing your nerve, are you, Joe?”

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1945: Three German war criminals

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On this date in 1945, three Germans were hanged by the American army at Landsberg for killing downed U.S. pilots during the late war.

Also available here.

Ernst Waldmann, a former Wehrmacht Unteroffizer, was one of the three; he shot an American pilot at Haimbuch in December 1944.

The other two were policemen Wilhelm Haffner and Albert Bury, who killed a downed pilot at Langen Sel Bold that same month — under, they protested, the coercion of the SS.

As the New York Times report noted, they died “within sight” of the cell in that same prison where Adolf Hitler (serving easy time for the Beer Hall Putsch) wrote Mein Kampf.

This was, coincidentally, also the same date that American president Harry S Truman first transmitted to Congress a national health insurance proposal. The doctors’ lobby howled it down as rank Bolshevism … leading to the bizarre ascendancy of the Rube Goldberg-esque employer-based insurance system that had sprouted during World War II as a consequence of wartime wage controls limiting employers’ ability to bid for workers’ service.

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2009: Danielle Simpson, “If I can’t be free – Kill me!!”

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Last year on this date, Danielle Simpson was executed in Texas for murder.

Simpson, his wife, his brother, and another accomplice kidnapped an octogenarian church organist from her home, trussing her up and throwing her into the Nueces River to drown.

Though it would be another decade before his execution, the brutality of life on death row (and the usual appellate losing streak where the Fifth Circuit reigns) eventually ground him down into volunteering to expedite his execution.

I’m tired of being in an institution that’s unjust, degrading, and corrupted … I’m ready to die!! If I can’t be free – Kill Me!!

Simpson reversed himself shortly before the execution actually went down, but the further appeals on the matter of his “debilitating mental illness” and “diminished intellectual functioning” were equally unavailing.

It may not rise to a legal threshold, but the high school dropout’s thinking was clearly a bit scrambled. Death row has been known to have that effect.

One of Simpson’s attorneys at the Texas Defender Service, David R. Dow, recently wrote a well-received meditation on his life of representing defendants like Simpson who have virtually no prospect of success in the courts. The Autobiography of an Execution, blessedly un-tendentious despite the author’s unabashed death penalty opposition, makes a compelling stocking stuffer for the family member whose tastes run a bit grim.

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1998: Kenneth Allen McDuff, Texas nightmare

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1999: Zarmeena

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On this date in 1999,* a burka-clad woman known only as Zarmeena (alternatively, Zarmina … or in some early reports, Zareena) was executed by gunshot in Kabul’s Ghazi Sports Stadium.

This first public execution of a woman under the Taliban — ordered because she had supposedly killed her husband** — was secretly filmed by a Revolutionary Association of the Woman of Afghanistan activist smuggling a camera under her own burka.

Caution: This video is (in)famous enough, thanks to its inclusion in the documentary Beneath the Veil, that you’ve probably already seen it. But it’s still a graphic image of a woman shot through the head at point-blank range. (From around 2:20)

The book With All Our Strength: The Revolutionary Association of the Women of Afghanistan expands somewhat on RAWA’s calculations on this occasion, on the young activist who pulled off the risky filming, and on the purportedly hostile-to-the-Taliban crowd reaction.

* Some web resources give Nov. 17 as the date, but all the (admittedly limited) primary documentation available appears to me to point definitively to Nov. 16. RAWA, which shot the video, posts it with this date; wire copy that ran in western papers on Nov. 16 (here) and Nov. 17 (here) attributed the execution to Nov. 16.

** It’s not clear to me how dependable the information about the executee is; it’s said that she had been in prison well over a year but was rather suddenly executed for the Taliban’s exigent reasons of public intimidation. It’s also said that her husband’s family forgave her — which, under sharia as practiced by, e.g., Saudi Arabia, ought to have spared her life — and that Zarmeena herself may not have understood or believed that she was actually going to be executed until the very last moment.

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1808: Sultan Mustafa IV, by his brother

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On this date in 1808, the former, and now deposed, Ottoman Sultan Mustafa IV was strangled at the command of his successor and brother.

The Ottoman Empire, once the very terror of western Christendom, entered the 19th century in a stagnation that had it well on its way to its way to “sick man of Europe” status.

Its fate would be defined by the political — and sometimes literal — battle between its entrenched interests and forward-looking reformers who struggled to restructure the empire for the challenges that lay ahead.

And at this point, it wasn’t only the Ottoman polity that had to fret for its survival. Its very namesake dynasty was in danger of extinguishing itself. There hadn’t been a male born to the House of Osman in twenty years, and in the events herein narrated, internecine conflict would winnow the Osmans down to their very last man.

Aggressive Progressive

Reform was the project of our principal’s predecessor, Selim. In the years around the turn of the century, Selim endeavored to get Turkey out of its wasteful foreign conflicts to gain maneuvering room for more urgent domestic projects.*

Chief among the many oxes Selim proposed to gore were the Janissaries, the Ottomans’ powerful and increasingly archaic military elite, much given to destructive use of their martial prowess in various factional conflicts within the Empire.

Possessive Regressive

The Janissaries deposed Selim in 1807, elevating his cousin — our man, Mustafa, a mere handmaiden of the hidebound. (His contemporaries in Europe more commonly transliterated the name “Mustapha”)

They didn’t kill Selim … just left him alive within the palace where armed men could find him in a pinch.

That pinch arrived in June in the form of Mustafa Bayrakdar, a reformist official who marched on Istanbul to overthrow the reactionary elements. As Bayrakdar took the city in hand, Mustafa desperately ordered the executions of Selim and of Mustafa’s own brother, Mahmud.

Selim was disposed of. Mahmud got tipped off, and the servants — most famously, a Georgian harem girl named Cevri Kalfa — helped him escape to the roof. Mustafa Bayrakdar ousted the ousters before anyone who meant Mahmud ill could find him.

Impressive Successive

That left Mahmud the only choice for Sultan, and he followed his brother’s own questionable policy of consanguinary clemency. Mustafa’s demotion back to crown prince after having once ordered the now-sultan’s death must have made for some awkward chit-chat around the family table.

It didn’t last long. The London Times of January 16, 1809 reported** that

[o]n the 14th of November, at day-break, the Janissaries were seen assembling from all quarters, and being reinforced by those who were in the vicinity of Constantinople, they … massacred all the partisans of the Grand Vizier that came in their way. The contest spread to eveyr street in Constantinople … On the 15th, the Janissaries assaulted the high walls of the Seraglio; and it was at this moment that the Grand Vizier, after causing the unfortunate Mustapha IV, who was a prisoner there, to be strangled, blew himself up in his own Palace with gunpowder, of which he purposely provided a large quantity before-hand, to prevent his falling alive into the hands of his enemies.

Sauce for the goose was sauce for Mustafa, and on this same desperate day when he lost Bayrakdar to a vault of gunpowder, Mahmud had his brother put to death. This maneuver left Mahmud the last surviving male Osman.

Passive Aggressive?

The legacies of this date were varied and ambiguous.

Mahmud II remained on the Ottoman throne for the next three decades, ample time to secure the Osman line.

The Janissaries returned to their barracks, chastened; Mahmud would destroy them after an attempted revolt in 1826.

But Mahmud too was chastened by the experience — or else, too encumbered by the apparatus of the state, or too cautious of his legacy before that heir appeared (it took years), or simply too unskillful — and his reformist vision proceeded haltingly until the very end of his life, even as breakaway nations continued to erode the Porte’s influence.

In his The Decline and Fall of the Ottoman Empire, Alan Palmer says of Mahmud,

Over a century and a half after his death, Mahmud II remains the most puzzling of the thirty-six Ottoman Sultans … Was he a despot or a reformer, a capricious betrayer of trust or a dedicated ruler of a vision, a muddler who plunged into disastrous wars or a shrewd statesman who preserved his Empire from rapacious neighbors? Should we think of him as the ‘Infidel Sultan’ who imposed European ways on the Islamic faithful, or as Mahmud Adli (‘Mahmud the Just’), like Turks today? The contrasts seem endless. Mahmud is one of history’s most enigmatic figures …

* Selim was sucked back into armed conflict by the Napoleonic wars.

** Though two months after the fact, the report is in media res, since it was transcribing German papers from mail dispatched out of the Ottoman capital on Nov. 16 when “the utmost confusion still prevailed there.”

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1963: Four Cubans as CIA spies

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On this date in 1963, the Cuban government shot four of its citizens as “counterrevolutionaries” and CIA spies — capping a week that had seen 13 such executions in all at Havana’s Cabana Fortress.

This date’s batch consisted of (per the Nov. 15, 1963 New York Times) Argimiro Fonseca Fernandez, Wilfredo Alfonso Ibanez, Israel Rodriguez Lima and Erasmo Machin Garcia; they were supposed to have scouted spots around the island for a potential landing of invading exiles. For some reason, Cuba was paranoid about the possibility.

Four others — Antonio Cobelas Rodriguez, Orlando Sanchez Saraza, Juan M. Milian Rodriguez and Jose S. Bolanos Morales, according to the Nov. 13 New York Times — had been shot on Nov. 12 for similar crimes; they had supposedly attempted to make an armed landing on a boat out of Florida. Five others (whose names I have not located) were reported executed on Nov. 8.

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