Category Archives: Crime

1677: Benjamin Tuttle

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On this date in 1677, Benjamin Tuttle expiated the murder of his sister Sarah in New Haven, Connecticut.

His parents, William and Elizabeth, were yeomen who left their Northamptonshire village for the colonies aboard the Planter in 1635, bringing the first three of what were eventually 12 children. (Two other Tuttell/Tuttle families, seemingly those of William’s brothers, shared the same passage.)

After a short stint in Boston, they were among the founding settlers who struck up the New Haven colony: William Tuttle’s signature appears on the “Fundamental Agreement of New Haven” establishing the town.

William waxed wealthy and he counts among his descendants the Great Awakening preacher Rev. Jonathan Edwards* and mercurial Vice President/duelist Aaron Burr. “His descendants,” David Greene remarked, “are famous for intellectual brilliance and, in some cases, for homicidal insanity.”

It is of course the homicidal insanity that earns their foothold in the pages of Executed Today … although we can scarcely avoid by way of character development noting that Sarah Tuttle, the eventual victim relevant to this post, attracted the tutting of the Puritan court as early as 1670 when as “a bold virgin” she ventured an illicit dalliance with a Dutch sailor named Jacob Murline and carried on “in such an imodest [sic], uncivil, wanton, lascivious manner.”

When her father William died unexpectedly in 1673, the younger cohort among his children had not been provided for, which set up years of tussling over the family estate. What surfaces in colonial court records down to 1709(!) is certainly just the tip of the iceberg; the Puritan God only knows what fathoms of crossed words and festering grudges compounded among the Tuttle children.

The most dramatic of these was an argument between Sarah and her younger brother Benjamin one night in November 1676. The surviving record of the jury’s inquest does not make clear how their argument began, but it ended with Benjamin barging into her house and fatally bashing her with an axe, leaving “the Skull and Jaw, eaxtremly broken, from the Jaw to hur neack, and soo to the crown of the head, one the right Sied of the Same, with part of her brayens out, wich ran out at a hool.” We’re grateful to this rootsweb page for the primary document; the narrative below comes from Sarah’s 12-year-old son John Slauson — hence the reference to “his mother” — as corroborated by John’s younger sister Sarah Slauson, and it ensues upon an exchange of “very short” words between their elders over the seemingly trifling matter of Sarah’s husband having to perform his town watch duties that night without having had his supper. Rebuked by his sister for his nastiness about this wifely shortcoming, Benjamin

went out of the dooars, an when he was out his bothar bead his Sistar Sarrah, Shutt the dore, beang It Smockt, and as She went to Shut It, bengiman tuttall came In with Sumtheng In his hand and Spock these words anggarly: Ile Shut the doar for you and soo went to his mother and struck her one the right Sied of the heed with that he broght In his hand, but knoes not whethar It was an ax or other weppon; at wich blow She fell and nevar Spock nor groned more; and followd with Sevrell blows aftar She fell, Standeng over hur, a pone wich he rune out of doars and cried [two illegible words]. Just as he struck his mothar the furst blow, bengiman tuttell Sayed I will tech you to Scold and a pone thaire criyeng out, bengiman tuttell fled; There beeng no parson In the hous when the mistchef begun, to help them.

Nor was Benjamin Tuttle’s death at the end of a rope the following June 13 the last this generation of Tuttles would know of axes. The very youngest daughter, Mercy, in 1691 wielded the same instrument to murder her young son Samuel in a fit of madness — although in this instance, the court found her worthy of her name because

she hath generally been in a crazed or distracted condition as well long before she committed the act, as at that time, and having observed since that she is in such a condition, [we] do not see cause to pass sentence of death against her, but for preventing her doing the like or other mischief for the future, do order, that she shall be kept in custody of the magistrates of New Haven.

* While it hardly rises to the level of homicide, this generation of the family also endured a wrenching divorce. Benjamin’s, Sarah’s, and Mercy’s sister Elizabeth, the paternal grandmother of Jonathan Edwards, was put aside by her husband in 1691 for a long-term refusal to sleep with him even as she carried on extramarital liaisons; biographers have not been above speculating on the family scandal as an influence upon Edwards. Elizabeth got overdue biographical treatment of her own in Ava Chamberlain’s 2012 The Notorious Elizabeth Tuttle: Marriage, Murder, and Madness in the Family of Jonathan Edwards.

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1951: John Dand

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John Dand hanged at Manchester’s Strangeways Prison on this date in 1951 — because of spat over £3.

Dand and his victim, 72-year-old Walter Wyld, lived near one another in York. When Wyld was found stabbed to death with no sign of forced entry late the night of January 27, 1951, correspondence in his home indicated that he’d been expecting a visit from John Dand, the son of a former neighbor who owed him the sum in question. The equivalent present-day value of that sum is a bit under £100.

Dand had bloodstained trousers, a fake alibi, and no capacity to keep to a story under interrogation. It wasn’t long before he admitted the murder, which he then tried to un-admit. As the the Capital Punishment UK Facebook page notes,

Dand withdrew his confession and pleaded not guilty at his trial at Leeds before Mr. Justice Gorman on 23rd to the 26th of April. His defence was that he was not physically capable of killing Mr. Wyld, who although much older, was a very fit ex Rugby League player. Unsurprisingly the jury were not impressed with this argument as Dand was 5′ 9″ tall and of average build.

The hanging was carried out by Albert Pierrepoint and Harry Allen. Prisoner 10117, Dand, weighed 147 lbs. and was given a drop of 7′ 7″. The LPC4 form records that there were no physical peculiarities that would affect the drop, but that it was given at the “discretion of the executioner”.

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1996: Huugjilt, wrongful execution

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On this date in 1996, a Chinese Mongol with the singular name of Huugjilt was executed by gunshot for rape and murder at Hohhot. With benefit of hindsight, it’s come to be viewed as “one of the most notorious cases of judicial injustice in China.”

Huugjilt discovered the body of a woman named Yang in a public toilet at a factory, on April 9, 1996 — just 62 days before the execution. She’d been raped and strangled, and that official tunnel vision common to wrongful conviction scenarios immediately zeroed in on Huugjilt himself. With conviction quotas to fulfill, authorities abused Huugjilt into a confession and an overhasty conclusion.

“It has not been rare for higher authorities to exert pressure on local public security departments and judiciary to crack serious murder cases,” China Daily editorialized. “Nor has it been rare for the police to extort confessions through torture. And suspects have been sentenced without solid evidence except for extorted confessions.”

This conviction unraveled in 2005 when a serial sex predator named Zhao Zhihong admitted the murder. (He was charged with many similar crimes besides.) The belated investigations ensuing from the resulting uproar cleared Huugjilt, even to the extent of holding a formal posthumous retrial that overturned the original verdict.

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1764: John Ives, spectator turned spectacle

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“I was here at the last execution, as free as any one of you, and little thought of this my unhappy fate. God grant you all more grace than I have had.”

-Last words of burglar John Ives, hanged with six other felons at Tyburn on June 6, 1764.

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1868: Thomas Griffin, gold commissioner

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On this date in 1868, disgraced Australian gold commissioner Thomas Griffin was hanged for murdering two police escorts in the course of a robbery.

He was an Irish-born constable who parlayed decorated service in the Crimean War into emigration to Australia.

There he lodged himself in the policing ranks and by dint of energy and charm worked his way up by late 1863 to the administrative post of gold commissioner in the emerging gold rush boom town of Clermont, Queensland.

“During his four years’ residence at Clermont, Griffin became widely known in the district,” according to The Early History of Rockhampton by a working journalist who knew Griffin, J.T.S. Bird.

In addition to being physically a fine manly-looking fellow, he had a very suave and attractive manner, and readily gained the favour and friendship of those whom he desired to stand well with.* To those under him he was as a rule distant and overbearing, and was by no means well liked … Ostentation and vanity, with a fondness for display, were leading traits of his character, and were noticeable to all who knew him.

One index of his no means well-likedness was the community petition that deposed him from his post in September 1867. It seems that Griffin had formed a reputation as “despotic, arbitrary and partial,” made himself a fixture of gambling dens, and had been investigated for embezzling mining revenues that he was supposed to hold in trust.

Demoted to a lower position in the same bureau in nearby Rockhampton, Griffin immediately vindicated his critics by arranging to accompany the next “gold escort” transporting valuables between Clermont and Rockhampton, along with troopers Patrick Cahill and John Power. En route, Griffin gunned the two men down by surprise on the Mackenzie River, making off with about £4000 in notes (not gold). He then unconvincingly presented himself back in Rockhampton as having separated naturally from the party, surprised as anyone that the other two hadn’t returned. Although he participated in the initial search, he was arrested within days.

Bird has a lengthy narrative of the investigation and trial; one notable aspect was early forensic experimentation with shooting sheeps’ skulls in an attempt to model the damage done by the gunshots received by the unfortunate guards — further to demonstrating that they were murdered execution-style at close range rather than shot from a distance as a wilderness brigand might do.

Suffice to say that no matter the spattering of ruminant brains, Griffin’s foul reputation made his pretense of innocence completely untenable, even though he continued it all the way to the gallows.

After a prayer at the foot of the scaffold, Griffin stood up and Mr. Smith said:

I shall meet you at the judgment seat of God; you have but a few minutes to live, and in the sight of God who is to judge between us all, I ask you will you not acknowledge your guilt?

Griffin drew himself up and said in a resolute voice, “No!”

He went up the first of the scaffold steps two or three at a time, finishing the remainder with a firm step. Stepping on the drop, he came promptly to “attention.” Griffin told the executioner [John Hutton] he had nothing to give him, but if he saw Mr. Brown he would give him something. The hangman then asked if Griffin had anything to confess.

Griffin replied in a firm voice: “No, I have nothing to confess!”

The white cap was placed in position, and Griffin, as though impatient at any delay, said: “Go on, I am ready!” The bolt was drawn, and death followed instantly.

Griffin had frequently told Dr. Salmond and others that he would die with calm firmness, and he was as good as his word.

His was the first of nine executions recorded at Rockhampton Gaol. A week after the hanging, Griffin’s grave was robbed and his head stolen.

* One early indicator of the man’s character was his seduction of a wealthy widow on the very ship he took to Australia. After quickly dissipating her fortune, he parted ways with her by publishing a fake death notice in the newspaper.

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2004: Three for honor-killing a 6-year-old

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(Thanks to Richard Clark of Capital Punishment U.K. for the guest post, a reprinted section from a longer article about capital punishment in Kuwait that was originally published on that site. (Executed Today has taken the liberty of adding some explanatory links.) CapitalPunishmentUK.org features a trove of research and feature articles on the death penalty in England and elsewhere, including a wider history of the juvenile death penalty in England. -ed.)

On the 31st of May 2004, three executions were carried out simultaneously at 8.15 a.m. in the courtyard of the Nayef Palace. The criminals, two Saudi nationals, Marzook Saad Suleiman Al-Saeed, aged 25, Saeed Saad Suleiman Al-Saeed, aged 28 and 24 year old Kuwaiti Hamad Mubarak Turki Al-Dihani, had been convicted of the abduction, rape and murder of a six year old girl.

It was a particularly appalling crime that had received a great deal of media coverage. Their victim, Amna Al-Khaledi, was kidnapped from her home on the 1st of May 2002 and driven to a remote desert area, where she was gang raped and stabbed five times in the chest before her throat was slit. The three men were arrested some three weeks after Amna’s body was discovered. They had murdered Amna in a so called honour killing to avenge a sexual relationship between her elder brother, Adel Al-Khaledi, and Al-Saeed’s sister. Amna’s brother was given a five-year prison term for having the illicit sexual relationship.

(Honour killings are committed to avenge a perceived affront to a family’s honour, such as an out of wedlock relationship or a female relative marrying without her parents’ consent.)

A third Saudi, Latifa Mandil Suleiman Al-Saeed, a 21-year-old female cousin of the two brothers, was sentenced to life in prison for taking part in the abduction.

Some 1,000 people, including Amna’s relatives, were at Nayef Palace to see the aftermath of the executions according to Interior Ministry spokesman Lt. Col. Adel Al-Hashshash. Incongruous photographs appeared in the press the next day showing the hanging bodies with Kuwaiti women in full Islamic dress taking photos of them with their state of the art mobile phones. The bodies were taken down some 20 minutes after the execution and covered with white sheets. The head of the Penal Execution Department, Najeeb Al-Mulla, announced that it took Hamad Al-Dehani approximately 6 minutes to die, while the two Saudi brothers were timed was 8½ minutes and 5½ minutes respectively. Saeed Al-Saeed and Marzouq Al-Saeed had asked for their remains to be buried in Saudi Arabia and the three convicted asked for the authorities to donate a charity project in their names.

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1726: Étienne-Benjamin Deschauffours

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Etienne-Benjamin Deschauffours (or Duchauffour) was burned at Paris’s Place de Greve on this date in 1726.

Although executed on a sodomy conviction, it wasn’t mere same-sex indulgence but a monstrous, Jeffrey Epstein-like project of elite sexual depravity that cinched his fate, at least if the trial records are to be believed.

“Under a variety of pseudonyms, and in various lodgings, Deschauffours earned a living by spotting ‘likely lads’ and supplying them on payment of commission to wealthy clients, both French and foreign (perhaps some 200 in all),” quoth Who’s Who in Gay and Lesbian History: From Antiquity to World War II.

Deschaffours frequently tried out his finds (young and very young), and found his pleasure in their pain (it is difficult not to think forward to the Marquise de Sade, or backward to Gilles de Rais). He castrated a young Italian whose admirer hoped this might render him more compliant.

Reportedly, he procured these semi- or unwilling charges for overmighty magnates who were — as with the previous century’s Affair of the Poisons — far too powerful and numerous to bring to book without inviting systemic crisis. Their vices thus remain mere rumors even down to our remove of posterity, for whom shadowy and redacted documentation yet conceals god knows what monstrosities.

Jim Chevallier, in The Old Regime Police Blotter II: Sodomites, Tribads and “Crimes Against Nature”, notes a 1734 doggerel capturing the scandal-mongering that became as the popular impression of the affair.

Du Chauffour and d’Oswal
are two unparalleled buggers,

There’s the resemblance.

One burned for his crime,
The other was made cardinal,

There’s the difference.

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1701: Captain Kidd

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On this date in 1701, the pirate William Kidd hanged at London’s Execution Dock; his body was afterwards gibbeted at Tilbury Port.

Alhough his famous buried treasure and its subsequent literary afterlife has helped make Kidd one of history’s best-known buccaneers, the man more closely resembles a startup entrepreneur … just a monumentally unlucky one.

The Scotsman had done well enough as a relatively legitimate privateer raiding enemy French ships to settle down in colonial Manhattan in the 1690s. He made a prosperous marriage to a wealthy widow, and for several years he dwelt as a respectable burgher who helped underwrite construction of the still-extant landmark Trinity Church.

Induced by whatever reason of restlessness or cupidity, Kidd in 1696 came to captain the venture that would be his undoing: the voyage of the aptly if unimaginatively christened Adventure Galley. Backed by a who’s who of Whig worthies up to and including the king himself, Kidd set out for the Indian Ocean bearing letters of marque that authorized him not only to prey on the French, but to attack “Pirates, Freebooters, and Sea Rovers,” which is like when Willie Sutton explained that he robbed banks because that’s where the money is.

The adventure flopped owing to the galley’s singular infelicity with locating suitable prizes. As 1697 stretched into 1698, there grew the prospect of ruin and the discontent of the crew — who, like Kidd’s investors, would only be paid out of such loot as their ship could capture. Desperation drove Kidd to increasingly reckless attacks against unauthorized targets, most notoriously an Armenian-owned merchantman called the Quedagh Merchant, heavy with trade goods owned by an Indian nobleman well-connected to London through the Mughal court. Kidd would argue that French passes purchased by that ship’s English captain made this a legal prize, but you can’t muddle high statecraft and big business on legal chicaneries. In English eyes he had by this and several other incidents gone the full pirate himself; on top of that, he also fatally bashed a truculent gunner about the head, which added charges of murder to his eventual indictment.

Kidd’s career ended in the New World where his reputation as a criminal hunted by the English Navy precluded protection — everywhere from the Caribbean to his own former haunts in the North American colonies. Eventually it was the Earl of Bellomont (who was also governor of New York) who clapped Kidd in irons, possibly concerned to display a profligacy of zeal lest his own early sponsorship of Kidd’s disastrous mission redound against Bellomont himself. Kidd’s unsuccessful attempt to bargain with his patron turned jailer using the promise of hidden pirate booty is one source of the legends that have followed his name down the years.

Another source is the public and greatly protracted nature of the proceedings against Captain Kidd. It was nearly two years from his arrest to his execution, an age that saw him returned to England and examined personally by Parliament — product of an attempt by Tories to tar their political rivals with the association.

Kidd for his own part pleaded innocence and wrote plaintive letters to the king from his stinking cell in Newgate, to no avail. “It is a very hard Sentence,” he reproached the judge upon hearing his fate. “For my part, I am the innocentest Person of them all, only I have been sworn against by perjured Persons.”

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2002: Johnny Joe Martinez

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“My client, Johnny Joe Martinez, was executed on Wednesday, May 22. The time of death was 6:30. Two days before, the Texas Board of Pardons and Paroles voted against commuting Martinez’s death sentence to a sentence of life in prison by a vote of 9 to 8.”

This is from a touchingly personal obituary written by Martinez’s attorney and friend, David Dow — a prominent anti-death penalty advocate who has bylined several books.

A few books by David Dow

As indicated by drawing eight favorable votes from the notoriously commutation-averse Texas Board of Pardons and Paroles, Martinez‘s was an unusually sympathetic case.

Twenty years old and drunk, he’d successfully shoplifted some stuff from a Corpus Christi 7-11 late one night, then impulsively returned and robbed the till with a pocket knife to the neck of the clerk, Clay Peterson. He got $25.65 from the register, then suddenly stabbed the unresisting Peterson about the neck, back, and shoulders. You already know that the wounds proved fatal.

Seemingly stunned by his own senseless action, Martinez fled the store in tears, confusedly discarding the knife, then directly turned himself in to police. He couldn’t explain why he’d attacked Clay Peterson. “I don’t know. That’s a question I will never be able to answer.”

He was always going to be convicted of this crime, but a robust defense during the penalty phase of the U.S.’s distinctive bifurcated capital trial process had a high probability of success. Martinez had no criminal history and was obviously sincerely remorseful. You’d have a strong argument to make that he posed as little a future risk to society as one could imagine of a murderer.

Such a defense was not forthcoming, and because the lawyers who handled Martinez’s state appeals (Mr. Dow did federal appeals) also failed to mention it, the entire question became procedurally defaulted. One does not wish to verge into special pleading on behalf of a man who gratuitously took a life. But, weighing aggravation and mitigation is the very crux of the entire enterprise: the point of the death penalty machinery is to select from among homicides the worst crimes and criminals most exceptionally deserving of capital punishment. Were the threshold of “worst” implied by Martinez’s sentencing to be applied generally, there would be thousands of U.S. executions per annum.

Martinez in the end had a better hearing on this score from Clay Peterson’s mother than from the courts. Lana Norris met with her son’s killer personally shortly before the execution — gave him her forgiveness — and appealed for his life, a gesture that Martinez recognized appreciatively in his last statement seconds before the lethal drugs began flowing.

“Please do not cause another mother to lose her son to murder, needlessly!” she wrote to that same clemency board that would refuse Martinez’s appeal by a single vote. “There is no doubt in my mind, that to execute Mr. Martinez would be a double crime against society. Here is a young man that has truly repented and regrets his actions.”

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2020: Walter Barton, coronavirus milestone

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Missouri graced America with her first coronavirus pandemic execution tonight.

Aptly emblematic of a moment where crumbling institutions reveal the post-Cold War empire’s far-advanced rot, Walter “Arkie”* Barton’s death on the gurney culminated three decades of shambolic re-prosecutions, reliant in the end for their victory on nothing but the unequal strength of the prosecutor’s office and the willingness of courts to certify junk science as real evidence.

The victim of the murder was the 81-year-old manager of Riverview Trailer Park, where Barton lived. He was friends with that woman, Gladys Kuehler, and visited her the afternoon of her murder; later, he together with Kuehler’s granddaughter and a neighbor discovered the woman’s body. She’d been sexually assaulted and horribly knifed, slashed and stabbed more than 50 times.

The key bits of evidence convincing jurors — several of whom submitted affidavits during Barton’s clemency stage regretting their findings — that Barton had been the author of this savage attack were essentially two:

  1. Blood-spatter expert testimony that a drop of blood on Barton’s shirt that was a DNA match for Gladys Kuehler had arrived there via a “high-impact” splat at velocity –i.e., flying fast off the murder weapon. This stuff is humbug of the same genus as the burn pattern pseudoscience that wrongly executed Cameron Willingham, and more importantly it’s conspicuously silent on why Barton, who didn’t change or wash his clothes, wasn’t ribboned with high-impact bloodstains from his slasher-film murder. His own hypothesis that he picked up a spot of blood at the time he helped discover the body is at least as compelling an explanation.
  2. The ubiquitous jailhouse snitch, behind bars for a list of frauds as long as your arm, to whom Walter Barton, that fool, just spontaneously confessed even while otherwise maintaining his innocence to everyone else who would listen. The use and abuse of these finks, whose comforts are directly controlled by one party in the adversarial hearing, is a factor in a great many wrongful convictions.

Aggressively prosecuted by an attorney general — Jay Nixon, subsequently Missouri’s governor — more politically ambitious than forensically rigorous over the span of no fewer than five trials, then upheld by a split 4-3 vote in the state’s highest court, this met the emptiest formal standards of technical sufficiency to take the life of Arkie Barton, a sort of hollow malevolent pantomime of a functioning liberal democracy’s justice system.

Barton’s was just the sixth U.S. execution of 2020, and the first since COVID-19 torpedoed everything in mid-March. The last previous U.S. execution was that of Nathaniel Woods in Alabama, on March 5. Various states have delayed scheduled execution dates during the 11 intervening weeks, but those and others loom on the dockets as states push to reopen once it’s semi-safe to operate the machinery of death.

* Because he hailed originally from Arkansas.

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