Category Archives: Capital Punishment

1934: Three inept murderers (with a fourth to come)

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On this date in 1934, three members of a quartet that had — eventually, with Keystone Cops ineptitude — killed a vagrant in an insurance scam during the Great Depression were electrocuted at Sing Sing.

Mike Malloy, the victim of Daniel Kriesberg, Anthony Marino and Frank Pasqua (and Joseph Murphy, whose execution this day was stayed, but who followed his collaborators to the chair on July 5 of that same year), has chiseled out a weirdly Bunyanesque footnote of Americana as “the man who wouldn’t die.”*

The troubles the would-be murderers had getting rid of the 50-year-old drunk after they conned him into signing less than $2,000 worth of insurance papers are outright black comedy. The New York Daily News remembered this noteworthy homicide last year. Yes, it’s murder, but it happened 75 years ago. Go ahead and laugh.

After several weeks of feeding Malloy free liquor [in an attempt to have him drink to death], Marino noted that it was starting to cost him money. More distressing was Malloy’s health: His pallor had lifted and spirits soared courtesy of the free booze. More active measures would be required to hasten Malloy’s demise.

Murphy, a former chemist, told Malloy that some “new stuff” had come in. Malloy drank it, commented on how smooth it tasted and then collapsed to the floor. They dragged him to the back room and anticipated that they would need to pay off a physician for a “hush job” death certificate.

One hour later, a refreshed Malloy bounded back to the bar with a mighty thirst, unaffected by the alcohol Murphy had laced with car antifreeze.

Over the next few days the gang spiked Malloy’s drinks with stronger doses of antifreeze, then turpentine and, finally, horse liniment with rat poison. Malloy kept beaming and kept drinking, soaking up the good times spent with his new friends. The crew decided a switch to food would best hasten Malloy’s death.

Marino served him raw oysters – soaked in wood alcohol. After downing two dozen, Malloy was so enthused by the cuisine that he encouraged Marino to open up a restaurant. The next course included an entrée of rotten sardines mixed with tin shavings. Same result.

Next, the plotters got Malloy stupefied and escorted him to Claremont Park, stripped off his coat, and in the middle of winter opened his shirt and poured 5 gallons of water on him before dumping him into a snowbank. If poisoned liquor and food couldn’t kill Malloy, then the cold blasts of a New York winter would.

Or so they thought. The next evening, Malloy showed up at the speakeasy wearing a new suit. He had really tied one on the night before, he explained, and wound up nearly naked in the park. Fortunately, the police had found him and a welfare organization outfitted him with new clothes.

Exasperated, the gang hired a cab driver, Harry Green, and offered him $150 to run Malloy down with his vehicle. On Jan. 30, 1933, a nearly unconsciously drunk Malloy was driven from Marino’s to Pelham Parkway. Murphy stood him up in the middle of the roadway, and Green backed up his taxi two full blocks to build up enough speed to complete the job. Somehow, Malloy stumbled to safety. They then took Malloy to Gun Hill Road. This time, Green hit him.

The gang gleefully retreated to Marino’s and again waited for an announcement of Malloy’s demise. For days nothing appeared in the newspapers.

Where was he? Malloy was recovering in the hospital under a different name, having sustained a fractured skull, a concussion and a broken shoulder. The indestructible barfly returned several weeks later to the speakeasy and announced he had an awful thirst. The boys’ jaws dropped.

Now desperate, they contacted a professional hit man, but his $500 fee was too expensive. They then shanghaied another drunk, Joe Murray, stupefied him with liquor and stuffed his coat pocket with Malloy’s ID and ran him over with a cab. Murray, a substitute for Malloy in every way, recovered from his injuries after two months in Lincoln Hospital. The only way to knock off Malloy, the gang determined, was murder, clean and simple.

They finally had to stuff a rubber hose down his maw and gas him through it.

Astonishingly, this blockheaded crew came within a fingernail’s breadth of getting away with it, just as they’d gotten away with their innumerable attempted murders** — evidence, really, of just how overrated an achievement the “perfect crime” is. A little baksheesh for a death certificate with a fake cause-of-death, a quick trip to the pauper’s cemetery, and they had already set about collecting the insurance policies before anyone got suspicious.

With four shiftless conspirators and at least two other people who’d been let in on the plot, though, once the sniffing started, their goose was cooked. Soon enough, so were the killers. And it only took the state of New York one try apiece.

* The young Steven Spielberg’s Amazing Stories television show dramatized this implausible story. Why The X-Files never made use of it, no one can say.

** The Daily News reckons it at six; a 1934 New York Times piece counted 10. The investigation suggested that they’d actually done someone else for insurance before, using the winter exposure method that Malloy survived.

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1594: Rodrigo Lopez, Shylock inspiration?

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On this date in 1594, a 70-year-old Portuguese physician was torn apart at Tyburn before a jeering London mob for attempting to poison Queen Elizabeth I.

Born around 1525 to a family of conversos — Jewish converts forcibly converted to Christianity — Rodrigo Lopez (alternatively, Lopes) went abroad because the Spanish Inquisition menacingly suspected him of secretly maintaining the faith of Abraham.*

For us, the man’s true doctrines might be a matter for his god. In the 16th century, Lopez never could outrun his Jewishness.

Establishing himself in London in 1559, nearly the precise midpoint of his life, Lopez built a thriving medical practice, eventually rising in 1586 to the attendance of Her Majesty herself. England in those days was scrapping with the mighty Spanish empire, one front of which was endlessly byzantine diplomatic intrigue. It happened that Elizabeth gave harbor to a Portuguese pretender (Lopez had attended him, too), whose circles the Spanish were naturally endeavoring to infiltrate.

Some nefarious machinations in this ambit that came to light in 1593 opened an investigation characteristically heavy on the torture, and Lopez’s name came up. Allegedly, the doctor was negotiating to take Spanish gold for slipping the Queen a mickey.

Lopez doesn’t seem to be any less capable of greed or intrigue than anyone else at court, but poison? It was doubted at the time, the prosecution itself a product of the courtly rivalry between Essex and Cecil.** Despite a confession (extracted by torture, like the accusations), even Elizabeth never seems to have really bought the charge: she held Lopez more than three months after his sentence before finally permitting the punishment to go forward, and pensioned his family when the treason conviction entitled her to confiscate their property.

The London mob entertained no such nuance. When Lopez was hauled to the scaffold this day for his public butchery — still protesting that he “loved the Queen as he loved Jesus Christ,” derisively taken as a backhanded confession by spectators who didn’t doubt the practicing Protestant was really a Jew — it elevated popular anti-Semitism to fever pitch.

Hath not a Jew eyes?

Lopez, or at least the popular mood of Jew-baiting current after his trial, is thought to have helped inspire William Shakespeare’s use of the Shylock character in The Merchant of Venice — one of the most controversial and captivating of all the Bard’s creations, a villain far more compelling (and sympathetic) than the play’s lightweight good guys and one whose place in the Shakespeare canon and the fabric of Elizabethan England is still vigorously debated.

Is Shylock a vicious caricature? A sublimely three-dimensional human? Both? Wherever the “real” William Shakespeare stood on the matter of religious equality, he put one of literature’s great apologias for it in Shylock’s mouth:

* Insincerely converted Muslims and Jews were a choice target of the Inquisition in the 16th century; many thousands were driven to emigrate. For the fate of some other crypto-Jews who fled to Spain’s possessions in the New World, see here.

** Lopez’s Javert, the Earl of Essex, lost the power struggle a few years later … and with it, his own head.

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1997: Henry Francis Hays, whose crime cost the Klan

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On this date in 1997, an Exalted Cyclops of the Ku Klux Klan went to Alabama’s “Yellow Mama” for lynching a black teenager.

Henry Francis Hays, son of a top Klan officer in Alabama, had vented dissatisfaction with a jury’s failure to convict a black defendant for a white policeman’s murder by grabbing and stringing up a random black, 19-year-old Michael Donald.

Hays and his 17-year-old accomplice skated for more than two years because Mobile’s finest figured a publicly hanged black man probably had it coming from some drug deal.* Only through the victim’s mother’s persistence — she got Jesse Jackson involved, which helped involve the FBI — did the real murderers feel the heat.

Before long, the Klan would wish it had stayed out of the kitchen.

After Hays’ conviction, Michael Donald’s mother brought a civil action against the United Klans of America with the help of the Southern Poverty Law Center. The $7 million liability verdict she won financially destroyed the United Klans — perpetrators of some of the 1960s’ most infamous anti-civil rights terror — and Donald was awarded its national headquarters building in Tuscaloosa, Ala.

This novel keys on the Michael Donald lynching as part of a (fictional) Mobile teen’s coming of age.

Hays wasn’t through making the sort of history he’d rather not have made.

When his turn in the electric chair finally came in 1997, he became the first white in Alabama put to death for an offense against a black in 84 years.**

Seemingly less cocksure in answering for his crime than he had been in committing it, Hays had always maintained his innocence. A few days before walking his last mile, he finally confessed to the Mobile chapter head of the NAACP.

* Michael Donald was not, in fact, involved in drugs.

** There haven’t been any other executions for white-on-black crime since Henry Hays, a span of 11 more years and 22 more executions as of this writing. (via the Death Penalty Information Center’s Execution Database)

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1568: The Counts of Egmont and Hoorn, insufficiently Inquisitorial

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On this date in 1568, two Flemish nobles were beheaded at Brussels’ Grand Place for treason to the Spanish crown that then ruled the Low Countries.

Lamoral, Count of Egmont and Philip de Montmorency, Count of Hoorn had a beef with the introduction of the Inquisition into the Netherlands by Egmont’s cousin, King Philip II, and got to hanging around with dubious characters like William of Orange.

Unluckily for this day’s duo, William didn’t teach them to read the writing on the wall.

After the Counts went easy on an outbreak of Protestant Iconoclasm, the Catholic king sent the hammer in the person of the Duke of Alba (or Alva).

Let this long-expired generation counsel posterity to find itself elsewhere when one’s door is darkened by a man known as “the Iron Duke”. William had the wit to get out of town. Egmont and Hoorn hung around, depending on their (professedly) clean consciences.

Oops.

Count Egmont Before His Death, by Louis Gallait

The beheadings were widely protested both locally and abroad, and festered as a grievance against the empire — a grievance that, as the nascent conflict evolved into a revolution that would detach the Netherlands from Spain, elevated these distinctly non-revolutionary wealthy nobles into freethinking martyrs of independence.

Two centuries later, Goethe put the story on the stage with his play Egmont (original German | English translation), a production for which Beethoven subsequently composed gorgeous orchestral companion pieces.

Here’s the lovely, lovely Ludwig Van’s beloved (including by Goethe himself) Overture to Egmont, Op. 84:

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1913: Antonio Echazarreta, defending Matamoros

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On this date in 1913, constitutionalist troops in the Mexican Revolution consolidating control over the border town of Matamoros shot a 23-year-old colonel who helped lead the city’s volunteer resistance.

Garrisoned by fewer than 50 regular soldiers, Matamoros put up only brief resistance to Gen. Lucio Blanco‘s June 3-4 attack, many of its government officials and wealthy denizens bolting over the Rio Grande to adjacent Brownsville, Texas.*

But some of the young guns in town had an overdeveloped sense of heroic machismo and sold their lives dearly to postpone the inevitable.

Groups of young Matamoros men, some of them fourteen and fifteen years old, volunteered for service under irregular huertista officers. They fought stubbornly until early in the morning of June 4. A number of them were captured and executed by Blanco’s men. (Source.)

Echazarreta’s leadership of these ill-fated guerrillas saw him up against the wall this day, but also saw him into the revolution folk song about the city’s conquest, “Corrido de la toma de Matamoros”. Nor was the revolution yet finished with Matamoros, or its martial prowess.

In 1915, as the rival revolutionary factions openly broke with one another, carrancistas loyal to President (and Villa rival) Venustiano Carranza inflicted a signal defeat on Villa at Matamoros that began Villa’s march into political and literal wilderness. It’s commemorated in yet another revolutionary corrido, here sung by Jose Suarez (via the U.S. Library of Congress):

[audio:Corrido_villesta_de_la_toma_de_Matamoros.mp3]

* An interesting photo album covering this battle is available here.

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2004: Nam Cam, Vietnamese crime lord

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On this date in 2004, at Ho Chi Minh City’s Long Binh execution ground, Vietnamese mafioso Truong Van Cam was shot with four of his lieutenants for ordering the murder of a rival crime lord.

An anti-communist soldier during the Vietnam War, “Nam Cam” (“Cam the fifth sibling”) survived a communist re-education camp and ingratiated himself sufficiently with the powers that be through the late 1970’s and 1980’s to ensconce himself as a wealthy and influential power broker within the country.

Nam Cam emerges from court after hearing his death sentence on June 5, 2003.

His arrest in 2001 for ordering a hit in a characteristic underworld turf war mushroomed into a vast corruption scandal, implicating a network of official protectors who ran interference for his criminal syndicate.

More than 150 people stood trial with Nam Cam — including “two expelled members of the 150-member Communist Party central committee, the former head of the state radio system, and the former director of police in Troung Nam Cam’s base of operation, Ho Chi Minh City.” (Source)

The doomed capo reportedly indulged the comfort of gloating that “the Communists may have thought they defeated South Vietnam, but I have shown that they are rotten to the core with corruption.”

The more things change …

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1966: Evariste Kimba and three other “plotters” against Mobutu

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On this date in 1966, the Congo’s last civilian Prime Minister and three former cabinet officials “walked unfalteringly to the gallows in the main square”* of Kinshasa and were hanged before a crowd a hundred thousand strong as Lt. Gen. Joseph-Desire Mobutu consolidated his ruinous Zairian dictatorship.

A cycle of weak governments and nationwide chaos had befallen the resource-rich former Belgian Congo in the early 1960’s after the CIA eliminated the leftist Prime Minister Patrice Lumumba. Evariste Kimba was, when the cycle ended in the fall of 1965, the most recent man to succeed to Lumumba’s title — though hardly his stature — in the tottering government of Joseph Kasavubu (or Kasa-Vubu).

Acting once again with western support, the general later to rename himself Mobutu Sese-Seko overthrew civilian rule on November 25, 1965.

To judge by either tenure (he ruled for more than 31 years) or personal enrichment (rumored to be $5 billion sapped from the poverty-ridden country during that time), Mobutu would rate as one of the 20th century’s most successful evil dictators.

But nobody knew at first that he wouldn’t be another forgettable here-today, shot-tomorrow general. And to see that didn’t happen, Mobutu showed the iron fist early, and made clear that he would brook no resistance, especially not from the old regime’s politicos. A true post-partisan, he declared in 1966 a five-year ban on party activity.

That formed the backdrop, or the pretext, or both, for squelching the “Pentecost Plot”, a supposed attempt by Kimba, along with former ministers Jérôme Anany, Emmanuel Bamba and André Mahamba, to mount a coup of their own.

Pentecost was Sunday, May 29 that year. The four were arrested on May 30 — “[o]n the morning of their arrest the Information Service of the Congo announced, in the name of the government, that they would ‘now appear before a military tribunal which will condemn them to death and they will be hanged.'” (source) When you know the result already, there’s no sense dragging things out: the Pentecost Plotters were tried, convicted and sentenced on June 1 (they denied the charges and received a six-minute deliberation), and hanged on June 2.

Kinshasa’s major football arena, Kamanyola Stadium, was renamed Stade des Martyrs de la Pentecôte in honor of this day’s victims shortly after Mobutu was ousted by guerrilla commander Laurent Kabila in 1997.

* New York Times

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1962: Adolf Eichmann

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On this date in 1962, the architect of the Final Solution received such justice as could be meted to him on earth at Israel’s Ramla Prison.

Adolf Eichmann, the vacuum cleaner salesman turned SS Obersturnbannfuhrer, remains the only person judicially executed in the history of modern Israel, whose intelligence services kidnapped him from Argentina where he had settled after the war.

Other Nazis had used the “only following orders” defense with little success in the Nuremberg Trials shortly after World War II. On trial years later (and at the hands a Jewish state) Eichmann — a bookish, unmenacing man who invoked Kant — posed the questions of individual responsibility and human psychology in starker terms.

To be sure, he was no anonymous functionary. Neither, however, had he dirtied his nails at the stomach-churning business end of the Holocaust: rather, he had engineered the stupendous logistical project of deporting Eastern Europe’s Jews for extermination, an (impressive) accomplishment worth exponentially more lives than any Einsatzgruppe could ever account for, yet simultaneously abstract from the upshot.

Eichmann said he did it without ill-will towards its subjects — simply to obey and to achieve.

The Banality of Evil

[I]f it was of small legal relevance, it was of great political interest to know how long it takes for an average person to overcome his innate repugnance of crime, and what exactly happens to him once he has reached that point. To this question, the case of Adolf Eichmann supplied an answer that could not have been clearer or more precise.
-Hannah Arendt

Hannah Arendt took him at his word* and saw in Eichmann the abyss gazing back into us, into his judges — not a monster but a man unsettling in his normalcy, whose job was not TPS reports or quarterly sales results but turning humans into ash.

The company man. The career man. Every man, standing in for countless thousands more who pushed the papers that drove the trains to Auschwitz.

What for Eichmann was a job, with its daily routine, its ups and downs, was for the Jews quite literally the end of the world.

Not everyone accepts her conclusions, but Arendt’s characterization of “the banality of evil” has become the man’s epigraph. And Eichmann disturbs us precisely because we seem to be able to meet him on his terms, even sympathize with him when the horror of his crimes begs for a monster like Streicher or Goebbels we could safely consign to the Other.

Arendt’s turn of phrase has a certain breezy (hackneyed, even) life in the public discourse, but her analysis of Eichmann’s careerism remains a challenging and deeply relevant one for we heirs of the world that hanged him.

The complete transcript of Eichmann’s trial is available online here. Video of his trial has been posted online here (in English) and here (original languages).

* Albeit with some reservations; others have argued that Eichmann was considerably more personally invested in his mass-murder project than his demeanor at trial admitted. Certainly he had an interest in showing the mellower Eichmann when he was on trial for his life.

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1718: John “Jack Ketch” Price, former hangman

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On this date in 1718, the former common hangman got a taste of his own medicine.

As the 18th and especially 19th centuries unfolded and executions became more private, orderly and “humane,” the executioner’s office became more subtle and bourgeois. In the early 1700’s, however, it was commonly filled by a character who might just as easily have been on the other end of the rope. And once in a while … they were.

One disreputable character who performed the office for twenty years and more following the Stuart Restoration, Jack Ketch, lent his very name to the position (and its accoutrement — e.g., “Jack Ketch’s knot,” the hangman’s noose).

Our day’s victim, by the Christian name of John Price, was “Jack Ketch” in 1714-1715 until his debts caught up with him, and if the Newgate chronicle be believed wasn’t half-bad at the gig. Alas that he lost the position: his life in every other respect is reported by our sanctimonious interlocutors as one of drunken savagery.*

In such a state a couple of years later, he beat a woman to death during an attempted (or actual) rape at Bunhill Fields, at which location the law compelled him, in the parlance of the times, to “dance with Jack Ketch.” The prospect of hanging concentrated old Ketch’s mind wonderfully on the task of not missing one precious moment that might be spent drinking.

[H]e was no sooner confined in the condemned hold, than laying aside all thoughts of preparing himself for his latter end, he appeared quite void of all grace; and instead of repenting for his manifold sins and transgressions, he would daily go up to chapel intoxicated with cursed Geneva [i.e., gin] … As he was riding in the cart he several times pulled a bottle of Geneva out of his pocket to drink before he came to the place of execution

…

One would imagine that the dreadful scenes of calamity to which this man had been witness, if they had not taught him humanity, would at least have given him wisdom enough not to have perpetrated a crime that must necessarily bring him to a similarly fatal end to what he had so often seen of others: but perhaps his profession tended rather to harden his mind than otherwise.

Price/Ketch was not the only public executioner to find himself on the receiving end of his former trade, but he does seem to have the distinction of being the only one who was also gibbeted — his carcass hung up in an iron cage in the London district of Holloway.

Update: John Price’s career narrated by Lucy Inglis of Georgian London in a podcast interview with Early American Crime.

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1431: Joan of Arc

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On this date in 1431, Joan of Arc (also Jeanne d’Arc, even though d’Arc wasn’t really her name at all) was burned at the stake for heresy in the marketplace of Rouen, France.

A Joan of Arc statue in Philadelphia, Pennsylvania.

Very much has been written and said about this strange figure, the Maid of Orleans — not quite so much larger than life as she seems otherworldly to it: in her mystical exaltation, in her unthinkable elevation from the illiterate peasantry to military command (and bizarrely effective intervention in the intractable Hundred Years’ War).

Apotheosis to the ranks of France’s national heroes is the least of it; Joan’s iconography extends well outside her homelands and well beyond the project of feudal restoration that was her short life’s concern.

Her myth has had a robust afterlife, but her accomplishments in the flesh were quite real — staggering, even. At the nadir of France’s fortunes, she convinced the French dauphin Charles VII of her divine inspiration in April 1429 and, far more aggressive (and some would say lucky) than the army’s noble commanders, immediately relieved the English siege of Orleans. By July, she had captured Reims, where Charles was crowned king.

The next year, Joan was captured by the Burgundians, who sold her to the British, who in turn subjected her to an ecclesiastical inquiry — what became a remarkable, exhaustively documented three-week interrogation, in which she deftly matched wits with academic persecutors over the reality and nature of her divine visions.

She was immediately considered a martyr by her own side — and twenty years later, when the war had finally ended, another court reversed the verdict against her — but her universal appeal and cultural ubiquity remained a long time off.*

“Dark-minded man!”
The Maid of Orleans answered, “to act well
Brings with itself an ample recompense.
I have not reared the oriflamme of death —
Now God forbid! The banner of the Lord
Is this; and, come what will, me it behooves,
Mindful of Him whose minister I am,
To spare the fallen foe: that gracious God
Sends me a messenger of mercy forth,
Sends me to save this ravaged realm of France,
To England friendly as to all the world;
Only to those an enemy, whose lust
Of sway makes them the enemies of man.”

–Robert Southey

The romantic 19th century took up her standard when the trial records were uncovered — liberals cottoned to her lowly birth, conservatives to her monarchist project, all France to her proto-nationalism, all Catholics to her faith (she was elevated to sainthood in the early 20th century; May 30 is also her feast day). The Vichy government and the French Resistance both claimed her in World War II. Her gender and sexuality have invited modern attention, just as they did for her judges: she works (anachronistically, of course) as a girl-power pop feminism icon, and her masculine social role gives her queer cachet; she made a point of keeping her virginity, but may have been sexually assaulted in prison, an event that figures in Andrea Dworkin’s Intercourse.

Joan stands equal to such varied identities because the mysteriously personal qualities of her story invite the observer into it, and those qualities hold precisely because of her fiery end this day. What would Joan have been in five or ten years’ time, had she escaped capture or held to her temporary renunciation of wearing men’s clothes (the head-scratching but subtly profound charge that finally doomed her)? An aging commander with the gloss off her, a partisan of some faction of the abject French court, a hostage somewhere being ransomed for gold plate or quietly poisoned off?

Her myth and its antithesis work because she came in radiance from dust, and followed her conscience — her God, her will, her destiny, or what have you — back to dust.

Though adapted many times for the screen, the definitive Joan of Arc film remains the 1928 silent treament La Passion de Jeanne d’Arc, scripted largely from the original trial transcripts. The movie’s lead Maria Falconetti — and indeed the very silence of the medium — convey something of that mysterious, multifaceted meaning left to us tantalizingly suspended between the 19-year-old who stood at the stake this day and the legend that arose from her ashes.

Books about Joan of Arc

(The Mark Twain book is in the public domain and available free at Project Gutenberg in both text (part 1 | part 2) and audio (part 1 | part 2) forms.)

* Shakespeare, for instance, writing Henry VI Part I about Charles VII’s English opposite number, has Joan in a rather more negative light than a modern reader is used to seeing — as a witch and a whore. In her last battlefield appearance, she summons demons …

Enter Fiends
This speedy and quick appearance argues proof
Of your accustom’d diligence to me.
Now, ye familiar spirits, that are cull’d
Out of the powerful regions under earth,
Help me this once, that France may get the field.

… who fail to aid her although she offers them her body. Later, condemned to the stake, she cravenly tries to plead her belly by claiming that she slept with several other characters.

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