Category Archives: Death Penalty

1778: Bathsheba Spooner, the first woman hanged in the USA

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Bathsheba Spooner, the first woman executed* in the post-Declaration of Independence (i.e., post-July 4, 1776) United States.

The daughter of one of Massachusetts’s most prominent Tory loyalists — the latter fled to Nova Scotia during the events comprising this post, owing to the ongoing American Revolution — Spooner was married to a wealthy Brookfield gentleman whom she utterly despised.

From late 1777 into 1778, Bathsheba beguiled three young would-be Davids — Ezra Ross, a wounded former Continental Army soldier whom she nursed back to health; and James Buchanan and William Brooks, two redcoat deserters — into getting rid of Mr. Joshua Spooner.

Ross she sent on February 1778 business trip with her hubby and instructions to dose him with nitric acid. The youth chickened out and didn’t do it — but neither did he warn his proposed victim what was afoot.

A couple of weeks later, the Brits achieved by main force what their American opposite dared not attempt by stealth, and “on the evening of the first of March, about 9 o’clock, being returning home from his neighbors, near by his own door was feloniously assaulted by one or more ruffians, knocked down by a club, beat and bruised, and thrown into his well with water in it.” Ross, importantly, had been invited by his lover/sponsor to return and he helped to dispose of the body.

They had not a day’s liberty after this shocking crime, evidently having thought little beyond the deed; the very young Ross especially stands out for his naivete — certainly mingled with lust and cupidity as he contemplated the prospect of attaining a frolicsome, wealthy widow — when the wife went to work on him.

As She was going to Hardwick She asked me the Reason of my being so low Spirited?  I made answer It was my long absence from home.  She replyed that her Opinion was, I wanted some one to lodge with — I told her it would be agreeable.  She asked me if Such an One as her self would do?  I made answer If She was agreeable I was.  [Marginal notation: The Dialect was so.]  Upon which She said “After She came off her Journey she would See.”
 
N.B. After her Return She Gave me an Invitation to Defile her Marriage Bed; which I Expected. [accepted] And after that she proposed constantly every sheam [scheme] for her Husbands Death.  [Marginal notation: The spelling is so.]
 
Ezra Ross

The above is a written account given in jail to the preacher Ebenezer Parkman, who preached a thundering sermon three days after the executions titled “The Adultress Shall Hunt for the Precious Life””

a woman who … allows her loose imagination to range and wander after Others, nay not a few, & rove from [her husband] to pollute & defile the marriage bed [indulging] her own wanton salacious desires … How loathsome are all such, and how directly opposite the pure & holy Nature, Law, and Will of God.

So keep thee from the Evil woman, from the flattery of the tongue of a strange woman. Neither let her take thee with her eyelids. There are a thousand dangers, that poor young wretches are in by reason of the snres & traps which are everywhere laid … particularly the poor beardless youth not quite 18. (As quoted in Deborah Navas’s book about the affair, Murdered by his Wife)

Mrs. Spooner, whose Loyalist family ties did her no favors in this moment, sought a reprieve on grounds of pregnancy. Many condemned women in those days made such requests; more often than not they were temporizing devices that bought no more than the time needed for a panel of matrons to examine them and dismiss the claim. In her case, four examiners submitted a dissenting opinion to the effect “that we have reason to think that she is now quick with child.” Although overruled, they were correct: after the dramatic quadruple execution under a thunderstorm at Worcester’s Washington Square, an autopsy found that Spooner was about five months along with what would have been her fifth child.

According to an early 20th century Chicago Chronicle retrospective (retrieved here via a reprint in the Charleston News and Courier, Jan. 24, 1904) her grave can be located on a manor at Worcester that formerly belonged to the great New York City planner Andrew Haswell Green: Bathsheba Spooner’s sister was Green’s grandmother.

A full original record of the proceedings does not survive for us, but this public domain volume has a lengthy chapter about events, with an appendix preserving some of the original documents.

* We’re at the mercy of uncertain documentation in this context, of course, but there are at least none whose executions can be established that predate Spooner’s within the infant republic. Per the Espy file, a woman named Ann Wyley was hanged in Detroit in 1777, but at the time that city was under British administration as part of the province of Quebec.

For its part, Massachusetts hanged several more women in the 1780s, but has not executed any other women since the George Washington presidential administration. It’s presently a death penalty abolitionist jurisdiction.

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1523: Jan van Essen and Hendrik Vos, the first Lutheran martyrs

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Christian reformer Martin Luther composed his hymn “Ein neues Lied wir heben an” (literally “A new song we raise” but commonly titled in English “Flung to the Heedless Winds”) in response to a major milestone for his movement: the first evangelicals executed for the faith, namely defrocked Augustinian monks Jan van Essen and Hendrik Vos (or Voes), who were burned on July 1, 1523 in Brussels. “How welcome must that fire have been which hurried them from this sinful life to eternal life yonder,” Luther wrote in a missive to the Low Countries. But it wasn’t that welcome: their entire Antwerp monastery had been suppressed as a heretical nest with all its denizens save these two fleeing the stake, many by way of recantation. Nevertheless, Jan and Hendrik would not be the last of the former Antwerp Augustinians to achieve the martyr’s crown and Luther’s tribute.

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2004: David Harris, Errol Morris subject

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Errol Morris’s classic 1988 docudrama The Thin Blue Line helped to exonerate former death row inmate Randall Dale Adams.* He’d been convicted of shooting a Dallas police officer to death during a traffic stop.

On this date in 2004, the man who really pulled the trigger, David Ray Harris, received lethal injection. It wasn’t the murder of Officer Robert Wood he was being punished for: after more or less confessing the crime to Morris’s recorders, Harris was never charged with it. By that time, he was already on death row for an unrelated 1985 murder.

Randall Adams published a book about his ordeal. He died of brain cancer in 2010.

* Adams avoided execution in 1980 and had his sentence commuted. He was still in prison, but no longer on death row, at the time of the film’s release. He was released outright in 1989. Filmmaker Morris describes how he came to make the film — and how Adams “never will be exonerated” officially — in this interview with Bill Moyers.

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1938: Shlomo Ben-Yosef, Mandatory Palestine Zionist protomartyr

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On this date in 1938, Zionist terrorist Shlomo Ben-Yosef was hanged by the British.

Shalom Tabachnik — to use the name he had from his childhood in the Polish/Russian marches — emigrated illegally to British Mandate Palestine and joined the Irgun.

On April 21, 1938, he and two comrades ambushed an Arab bus and despite failing in their attempt to commit mass murder by forcing it off a mountain road into a chasm, they were tried under British security regulations; one man was acquitted and another death-sentenced but commuted owing to his youth, leaving Shlomo the honor — for so he insisted of his patriotic martyrdom — of being the first Jew hanged by the British authorities in Mandatory Palestine.

“Do not be discouraged by my death,” he wrote to friends. “It will bring a step nearer the dream of our life — an independent Jewish state.”

His death was met by heavy Jewish protest, and the British officer who hanged him was eventually (in 1942) assassinated in reprisal. Present-day Israel has a number of streets bearing his name.

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1748: Marretje Arents, for the Pachtersoproer

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On this date in 1748, three instigators of a riot hanged in an Amsterdam public square, while worse fates befell those who came to see it.

It was only a few days earlier that the Pachtersoproer (English Wikipedia entry | Dutch) had torn apart the homes of nineteen tax collectors and magnates in the capital. These violent protests against inequitable taxation and oligarchical power had actually begun in Friesland and Groningen, the northernmost provinces of the Low Countries, before spreading to Amsterdam.

Marretje Arents (English Wikipedia entry | Dutch), a fishmonger supporting four children while her husband was abroad as a soldier in the East Indies, was seen on that Monday, June 24th, clad in a distinctive red chintz exhorting rioters to wreak revenge on the grandees and helping to ransack at least one house. According to the chronicle (1740-1752) of Abraham Chaim Braatbard, she spat at one agent,

Today we are the boss and tomorrow we will come to you at the town hall. Then we will see what we will do with all of you, gentlemen land-thieves … [then, lifting her skirt] Now you can clean my ass, because that’s all I have left for you.

This bold and public flaunting of an insurrectionary intent was not accompanied by a political achievement more lasting than a couple of days’ looting. When Arents simply turned up on June 27th at her market stall to go about her usual business just as if she hadn’t been trying to overturn it all three days before, she was arrested for sedition. Of course, there must have been hundreds of others who either weren’t identified or weren’t deemed worth making an example of who did go right back to their normal lives, nursing their grievances in customary silence.

Marretje Arents’s voice is heard in the annals, at the cost of her life.

By the next day at noon, she and two other perceived leaders of the disturbance, Mat van der Nieuwendijk [see comments] and Pieter van Dordt, were publicly hanged at the Waag op de Dam.* Over the brattle of drummers charged with drowning her incitements to the crowd, she was still heard to keep out her cries for rebellion until the moment the rope closed her throat.

Revenge, my dear citizens, assist me. For you now let me die so shamefully, while I have not fought for myself. I did it for the whole country, against the tyranny of the tenants, who tormented us citizens and forcibly took our money and good for the lease.

She would not have had to outlive her hanging more than a few minutes to see it. As the next of the riotous “captains” was strung up, a disturbance broke out in the packed square. It’s not certainly recorded whether this was a wave of sympathy responding to Marretje Arents, or the chance surge of a large crowd jostling for position, or something else besides — but suddenly the host of onlookers stampeded, crushing their fellows underfoot and pushing others into the Amstel River. Braatbard guessed that some 200 souls might have lost their lives for the sake of this triple execution … but whether 3 lives or 203, the important thing to the Low Countries’ rulers was that the Pachtersoproer did not re-emerge.

* The Waag, or weigh-house, served the bustling commercial district that grew up around Dam Square at the heart of Amsterdam. It was demolished in 1808 under French occupation.


Painting of Dam Square from the late 1600s, by Dutch master Gerrit Berckheyde. The weigh-house in the middle of the square presents an obviously suitable landmark for an affair like a public execution; just as well, since by this time its original function had been ceded to a new and larger weigh-house which still survives as the city’s venerable Waag. It was in the latter building that the dissection was performed that Rembrandt immortalized in The Anatomy Lesson of Dr. Nicolaes Tulp.

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1558: Toqui Caupolicán

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Es algo formidable que vio la vieja raza:
robusto tronco de árbol al hombro de un campeón
salvaje y aguerrido, cuya fornida maza
blandiera el brazo de Hércules, o el brazo de Sansón.
Por casco sus cabellos, su pecho por coraza,
pudiera tal guerrero, de Arauco en la región,
lancero de los bosques, Nemrod que todo caza,
desjarretar un toro, o estrangular un león.
Anduvo, anduvo, anduvo. Le vio la luz del día,
le vio la tarde pálida, le vio la noche fría,
y siempre el tronco de árbol a cuestas del titán.
«¡El Toqui, el Toqui!» clama la conmovida casta.
Anduvo, anduvo, anduvo. La aurora dijo: «Basta»,
e irguióse la alta frente del gran Caupolicán.

-“Caupolican” by Ruben Dario

On this date in 1558, the Spanish executed Mapuche revolutionary Caupolicán by impalement.

A toqui (war chief) for the Mapuche as they launched in 1553 their decades-long insurrection against Spanish domination, Caupolican (English Wikipedia entry | the well-illustrated Spanish). It is he who had the conquistador Pedro de Valdivia put to death after one early Mapuche victory.

The Spanish were able to recover and throw back the indigenous rebels. Caupolicán’s force was destroyed, and he shortly after taken prisoner, when whilst besieging a Spanish fort called Cañete a Spanish double agent lured the Mapuche into a devastating ambush.

His end verges into the mythic thanks to Alonso de Ercilla‘s lengthy epic poem from a decade after Caupolicán’s death, La Araucana. (Full text at archive.org.) Two key events stand out.

In the first, the bound Caupolicán is reviled by his wife, Fresia, for permitting himself to be captured alive. Her gesture of scornfully abandoning their infant child in at Caupolicán’s feet has been captured on canvas numerous times, although Fresia’s historicity outside of Ercilla’s pen is quite dubious.


The prisoner Caupolicán and Fresia, by Raymond Monvoisin.

However, the conquered toqui redeems his valor at the last by kicking away the executioner and hurling himself upon the spike meant to impale him.

Eslo dicho, y alzando el pié derecho
aunque de las cadenas impedido,
dió tal coz al verdugo, que gran trecho
Je echó rodando abajo mal herido;
reprehendido el impaciente hecho,
y del súbito enojo reducido,

Je sentaron después con poca ayuda,
sobre la punta de la estaca aguda.

 It is said that, raising his right foot
although impeded by the chains,
he dealt the hangman such a mighty kick
that the man was thrown from the scaffold;
that impatient reprimand delivered,
his fury abated
and he sat himself unaided
upon the tip of the sharp stake.

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1950: The Martyred, at the outset of the Korean War

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On this date in 1950, the opening salvos of the Korean War were fired … and behind North Korea’s lines, in Richard E. Kim‘s novel The Martyred, 12 imprisoned Christian pastors were on that same day executed.

This psychologically complex novel takes place months later, when United States/United Nations forces backing South Korea have surged northward, capturing Pyongyang. Here the narrator, a South Korean intelligence officer named Captain Lee, is detailed to investigate how it came to pass that these 12 were killed … and that two others with them were spared.

One of those two has gone mad from the experience. The other is suspected of abandoning God to save his life.

We discover otherwise: that in fact, Rev. Shin was spared by his jailers because they admired his firmness whereas the executed men were the ones who turned coward. Even so, Rev. Shin refuses to publicize his innocence, preferring to embrace the unjust suspicion of his faithlessness in order to elevate the so-called martyrs — in turn giving heart and faith to his congregants.

We followed the chaplain up the aisle, flanked by the congregation that still sang, standing. Only a few of the chandeliers were lighted. A cold draft chilled my bare head, though I felt the warmth of human bodies surrounding me. Halfway up the aisle, I looked up toward the altar, behind which stood the elders, Park and a few others, and Mr. Shin. Soon Colonel Chang and I were with them, facing the congregation. Mr. Shin stepped forward. The candles on the lectern flickered. The congregation sat, hushed.

“Dear brethren,” he began quietly. “You all know who I am, and I know you. I know you, yes, I know you so well that I do not hesitate to say that I belong to you and you belong to me. I am you, you are me, and we are one. And I stand here in the shadow of my inglorious past, and say to you, welcome to the house of our Lord. This house of our Lord is filled tonight, and I am out there with you and you are up here with me. We are here together as one to worship our God and praise Him. Amen.”

Scattered voices in the congregation said, “Amen.”

“I know you well, so well that I know you did not come tonight to this house of our Lord to worship Him. You came to hear me. And I shall speak to you and you shall hear me. I am you and you are me. But who am I?” He paused. “I am a sinner.”

He paused again for a long moment; then, suddenly, his powerful voice boomed. “You came to hear me, a sinner, and you shall hear me, a sinner! Open your eyes! Bare your hearts! And hear! It was I who betrayed our martyrs!” He stopped, his hands clutching the lectern, his body bent slightly forward. He had stressed “I” so strongly that the high-ceilinged interior of the church rang with a vibrating “I” in a tremulous echoing that pervaded the dim, cold air — “… I … I … ” Not a soul stirred.

He said quietly, “On the eighteenth day of June, as you all know, the Communists imprisoned fourteen ministers, and I was one of them. On the twenty-fifth day, twelve ministers were murdered. For seven days and nights, they tortured our martyrs. My dear brethren, I say to you that they tormented the flesh of your martyrs for seven days and nights. I say, ‘flesh of your martyrs,’ for they could not harm their spirits. But how did they torture your martyrs?”

To my surprise — and uneasiness — Mr. Shin, for the next twenty minutes or so, described to the congregation in the minutest detail how each ministers was tortured, one after another, all twelve of them. Mr. Hann, said Mr. Shin, collapsed after three ays and nights of torture and becme ill. At first it seemed that the silent congregation was spellbound by the blood-smeared description, but gradually it began to bestir itself, the rustling of clothes, coughing, and concentrated heavy breathing disturbed the cold air.

Suddenly a woman shrieked. Cries went up. The entire congregation stirred with agitation. Some of the elders rose to their feet. Chaplain Koh hurried over to Mr. Shin, who stood unmoved, rigidly facing the crowd.

A voice from the back shouted, “Away with you!” and another voice, “We don’t want to hear from you!”

Then a woman hissed, “You — a sinner! How dare you defile our martyrs!”

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1958: Raymond John Bailey, for the Sundown Murders

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On this date in 1958, itinerant carpenter Raymond John Bailey was hanged for one of Australia’s most sensational crimes.

This case derives its gloomy appellation, the Sundown Murders, from the same crepuscular handle dignifying the abandoned South Australia station where the bodies of Sally (Thyra) Bowman (43), her daughter Wendy Bowman (14), and family friend Thomas Whelan (22) were discovered in their Vanguard. All three had been bludgeoned and shot, as had the Bowman’s two dogs — an utterly shocking outrage.

The Outback dirt retained sign of the killer’s own conveyance with its telltale trailer; reported sightings pursuing this clue led a gigantic manhunt to the Queensland hospital where Bailey had gone to work … having driven there with a caravan in tow on a northbound course suitable to cross paths with the victims. He owned an unlicensed rifle; the theory of the case, supported eventually by a confession which Bailey repudiated as given under duress,* was that Bailey set upon the vehicle to rob it and even took the trouble to siphon the petrol — which was “dear up in that neck of the woods and Bailey’s old car and caravan would not be doing more than 10 or 12 miles to the gallon.” (Crown prosecutor E.B. Scarfe)

In the 21st century, investigative journalist Stephen Bishop has notably pitched a case for Bailey’s outright innocence. Bishop’s The Most Dangerous Detective: The Outrageous Glen Patrick Hallahan contends that the titular lawman — he’s the leftmost fella on the picture above, taken at Bailey’s arrest — railroaded the suspect, forcing him into a confession that “does not tally with other evidence” and ignoring potentially exculpatory details like footprints at the murder scene too large to be Raymond Bailey’s.

Bishop’s appeals for an official exoneration have thus far gone nowhere.

* Not his own torture, but the threat — in fact the nearby sound — of his sobbing wife being interrogated.

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1939: Toribio Martinez Cabrera

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Spanish officer Toribio Martinez Cabrera was executed on this date in 1939 by Franco’s Spain.

An army lifer who had cut his teeth fighting in Cuba against Spain’s imperial dispossession, Martinez Cabrera (English Wikipedia entry | Spanish was one of the few brigadier generals to remain loyal to the Spanish Republic when his brethren launched the Spanish Civil War.

Despite entrusting him with command responsibility, his upper brass demographic profiled as a probable rebel and the Republic remained wary of his act; he was interrogated as a possible double agent after the fascists took Malaga, and defeated an outright treason charge after Franco occupied Gijon in 1937. It seems like he was destined to be shot by someone.

Having the honor of returning to an official capacity in the collapsing remains of the Republic, he supported Segismundo Casado‘s March 1939 coup against the Communist-allied Juan Negrin. The latter could get no negotiated terms from the fascists and so resigned himself, as he later remembered from exile, “to fight on because there was no other choice, even if winning was not possible, then to salvage what we could — and at the very end our self respect … Why go on resisting? Quite simply because we knew what capitulation would mean.” Unfortunately for Martinez Cabrera, Casado’s short-lived junta also got a cold shoulder from Franco and submitted to unconditional surrender.

Although most of its members evacuated abroad as the fascists triumphed, Martinez Cabrera declined to flee. He was shot at Paterna on June 23, 1939.

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1918: Captain Alexey Schastny

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On this date in 1918, Captain Alexey Schastny received the cold thanks of the Bolshevik government for saving its Baltic fleet.

Icebound in the city of Helsingfors (Helsinki) across the Gulf of Finland from his Red homeland, Schastny (English Wikipedia entry | the more substantial Russian) orchestrated an emergency speedy breakout just ahead of a German incursion that seized the city in April and could have grabbed the Soviet Baltic fleet.

Schastny’s decisive action brought 236 vessels, including six battleships, across the frozen sea and safely home to Kronstadt.

The heroism of this operation at a moment of such low ebb for Russian prestige made Schastny a potentially dangerous element, should the onetime tsarist sailor choose to exercise his great prestige in the navy to the detriment of the Bolsheviks. This was the winter of the Russian Civil War, when White insurgents tore at the nascent Revolution.

Leon Trotsky, at this same moment scrambling to organize the Red Army to stabilize the situation, had Schastny arrested as a counterrevolutionary barely a month after the celebrated ice voyage. So grave a threat did this sea dog present that the Soviet state, having briefly abolished the death penalty, restored it in June 1918 specifically so that Schastny could be shot.

Schastny makes his appearance in the slick 2017 serial Trotsky, where he’s played by Anton Khabarov; the first half of episode 7 focuses heavily on Schastny’s arrest, court-martial, and execution.

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