Category Archives: Death Penalty

1549: Robert Kett, rebelling against enclosures

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On this date in 1549, Robert Kett (sometimes “Ket” or “Kette”) was hanged over the side of Norwich Castle for an eponymous rebellion.

Reviews here and here.

Possibly England’s last medieval peasant rising, and possibly its first modern revolt, Kett’s Rebellion pitted the agrarian feudal commons against the proto-capitalist world taking shape.

A 15th century of relative prosperity for the English peasant had given way to a decades-long process (centuries-long, really) of enclosure.

Impelled by the profitable wool export business, landlords began “enclosing” formerly open arable land for pasture, thereby destroying the communal and quasi-communal agricultural models of the middle ages.

Karl Marx

For Marx, among many others, this revolution in agricultural production — and the attendant proletarianization of the former peasantry — marks the dawn of the capitalist epoch, when

great masses of men are suddenly and forcibly torn from their means of subsistence, and hurled as free and “unattached” proletarians on the labour-market. The expropriation of the agricultural producer, of the peasant, from the soil, is the basis of the whole process …

Although, therefore, the English land, after the Norman Conquest, was distributed in gigantic baronies, one of which often included some 900 of the old Anglo-Saxon lordships, it was bestrewn with small peasant properties, only here and there interspersed with great seignorial domains. Such conditions, together with the prosperity of the towns so characteristic of the 15th century, allowed of that wealth of the people which Chancellor Fortescue so eloquently paints in his “Laudes legum Angliae;” but it excluded the possibility of capitalistic wealth.

The prelude of the revolution that laid the foundation of the capitalist mode of production, was played in the last third of the 15th, and the first decade of the 16th century. A mass of free proletarians was hurled on the labour-market by the breaking-up of the bands of feudal retainers, who, as Sir James Steuart well says, “everywhere uselessly filled house and castle.” … In insolent conflict with king and parliament, the great feudal lords created an incomparably larger proletariat by the forcible driving of the peasantry from the land, to which the latter had the same feudal right as the lord himself, and by the usurpation of the common lands. The rapid rise of the Flemish wool manufactures, and the corresponding rise in the price of wool in England, gave the direct impulse to these evictions. The old nobility had been devoured by the great feudal wars. The new nobility was the child of its time, for which money was the power of all powers. Transformation of arable land into sheep-walks was, therefore, its cry … As Thornton rightly has it, the English working-class was precipitated without any transition from its golden into its iron age. (Capital, volume I, chapters 26–27)

It did not suffer its precipitation quietly.

Thomas More

Enclosures were a predominant social problem in England throughout the century, and if contemporaries could hardly descry the shape of the economic revolution taking shape, they worriedly noticed the poverty, the vagabondage, and the depopulated villages.

In Utopia, Thomas More upbraids a country where

your sheep, which are naturally mild, and easily kept in order, may be said now to devour men and unpeople, not only villages, but towns; for wherever it is found that the sheep of any soil yield a softer and richer wool than ordinary, there the nobility and gentry, and even those holy men, the abbots! not contented with the old rents which their farms yielded, nor thinking it enough that they, living at their ease, do no good to the public, resolve to do it hurt instead of good. They stop the course of agriculture, destroying houses and towns, reserving only the churches, and enclose grounds that they may lodge their sheep in them. As if forests and parks had swallowed up too little of the land, those worthy countrymen turn the best inhabited places into solitudes; for when an insatiable wretch, who is a plague to his country, resolves to enclose many thousand acres of ground, the owners, as well as tenants, are turned out of their possessions by trick or by main force, or, being wearied out by ill usage, they are forced to sell them; by which means those miserable people, both men and women, married and unmarried, old and young, with their poor but numerous families (since country business requires many hands), are all forced to change their seats, not knowing whither to go; and they must sell, almost for nothing, their household stuff

Commissions studied enclosure; edicts forbade and reversed them; commentators denounced them — all to no effect.

Robert Kett

Robert Kett, from a larger painting (click to see it) by Samuel Wale.

Henrician England had plenty of violent social transformation on its plate, of course, and plenty of violent tools to manage it. When the philandering tyrant kicked the bucket in 1547, he left the unfolding social catastrophe to the weakened protectorate government of his sickly nine-year-old heir.

In East Anglia in the summer of 1549, a peasant riot against an enclosure caught a spark. Unexpectedly, when the mob moved to throw down the enclosures put up by Robert Kett (another small landowner), he committed himself to the peasant cause and ably steered the rebellion for six heady weeks.

Kett was the man for his time and place: proving a natural leader, he marshaled the inchoate rage of his countrymen into an orderly, disciplined force.

Kett’s peasant army marched on Norwich, and stunningly captured England’s second city, thereupon petitioning the crown upon a variety of economic grievances (the petition is available on Wikipedia).

And Kett meant business, as this fiery (perhaps slightly fatalistic) oration suggests; he well knew that he had committed his own person to glory or destruction.

Now are ye overtopped and trodden down by gentlemen, and put out of possibility ever to recover foot. Rivers of riches ran into the coffers of your landlords, while you are pair’d to the quick, and fed upon pease and oats like beasts. You are fleeced by these landlords for their private benefit, and as well kept under by the public burdens of State wherein while the richer sort favour themselves, ye are gnawn to the very bones. You tyrannous masters often implead, arrest, and cast you into prison, so that they may the more terrify and torture you in your minds, and wind our necks more surely under their arms. And then they palliate these pillories with the fair pretence of law and authority! Fine workmen, I warrant you, are this law and authority, who can do their dealings so closely that men can only discover them for your undoing. Harmless counsels are fit for tame fools; for you who have already stirred there is no hope but in adventuring boldly.

Alas, like the enclosures themselves, the matter was to be resolved against the peasantry by main force. [bits and bobs on the daily progress of skirmishes and battles in this pdf] Though the rebels actually defeated the first force sent against them, they were decisively beaten at Dussindale on Aug. 27.

“We were promised ynoughe and more then ynoughe. But the more was an hawlter.”*

Promises of clemency induced the survivors to surrender peacably; though wholesale punitive bloodletting seems not to have been imposed, the leaders, of course, had to be made an example of.

Robert Kett and his brother, William, were convicted of treason and hanged.

Smoothly leveraging his dispatch in handling the rebellion, John Dudley, Duke of Northumberland, overturned the national political leadership of the Lord Protector the Duke of Somerset, who was accused of having triggered the rising with an excess of sympathy for the dispossessed peasant class. (Both Somerset and Northumberland would end up on the chopping block themselves.)

* Quote from a survivor of the rebellion, cited by Diarmaid MacCulloch in “Kett’s Rebellion in Context,” Past & Present, No. 84 (Aug., 1979).

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1823: Dr. Edme Castaing, the first to kill with morphine

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On this date in 1823, French physician Edme Castaing expiated upon the scaffold history’s first conviction for murder with morphine.

The good doc used the drug, a new twist on an ancient remedy only recently brought to market, apparently to poison off one of two wealthy brothers with the connivance of the other wealthy brother, the latter of whom stood in danger of being disinherited.

And then, the beneficiary of that crime wrote a will of his own to the profit of the poisoner.

Do not try this at home.

Castaing, naturally, poisoned off the other brother, too, and relieved some considerable financial distress along with, one must think, the burdensome company of a complete dullard.

“The science of toxicology,” however, “was not greatly advanced at this time, and … the above conclusion was based on presumption rather than fact.”

While today, such a case might be ripped from CSI, in 1823 it entailed an uncertain trial with varying (and wrong) medical testimony and a circumstantial trail of witnesses drawing flailing rebuttals from the accused that ran towards the unconvincing and the contradictory. (Follow the twists and turns from a contemporary chronicle here.)

Quite convicted in the public eye (a verdict history has had little cause to revisit), Castaing was judicially acquitted of the murder of Hippolyte Ballet, and doomed by the barest 7-5 majority verdict for the second Ballet boy. The London Times complained in its report of the execution (printed Dec. 9, 1823), that

[t]he faculty speak in very harsh and unmeasured terms of Dr. Pellatan, who neither described with care and accuracy, what he himself observed on opening of the body of Ballet, nor gave them the means of forming an opinion themselves, by bringing to Paris the intestines of the deceased. The physicians join the rest of the world in ascribing Ballet’s death to substances administered by Castaing, but they regret that criminal justice could not, owing to the neglicence or ignorance of Pellatan, obtain more satisfactory proofs of the crime. Beyond his own confessions, contradictions, and admissions, there was confessedly no ground to convict him.

A few years later, Victor Hugo (we keep meeting him here) had the title character in “The Last Day of a Condemned Man” occupying Castaing’s former cell, and evidently thought the matter possessed sufficient notoriety to name-check the headless poisoner decades afterwards in Les Miserables.

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1950: Werner Gladow, teen Capone

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On this date in 1950On November 10, 1950?, 19-year-old gangster Werner Gladow was beheaded in East Germany for his brief but scintillating criminal career terrorizing the postwar ruins of Berlin.

Werner Gladow

Young Gladow (German link) was just young enough not to get drafted as cannon-meat for the Red Army at the end of World War II, and just old enough to forge his own way as a crimelord when his conscripted dad returned from a Russian prison camp and started whaling on the family.

Evidently, the boy had charisma to burn.

Gladow soon gathered to his service a couple dozen young people doing a brisk business in black marketeering, stickup robberies, and kindred underworld phenomena, very soon to include homicide. He was a quintessential creature of the war-ravaged (but not yet wall-divided) capital, ducking between the city’s uncoordinated, rival jurisdictions for refuge.* The Gladow-bande‘s typical m.o. was a robbery in West Berlin, followed by flight to their base in the east.

There’s an interesting literature around Werner Gladow, who seems in his day to have epitomized to elders that eternal fear of the degenerate youth culture. His generation’s conception of youthful rebellion was warped by the World War it had survived, and the occupation it lived under. According to John Borneman,

Stealing had become a routinized, everyday activity; for the parents, it was a source of guilt, for the children, it was neither work nor play, but pleasure … Their economic activity led to increased autonomy and self-esteem. Adult attempts to discipline the children with a now-discredited moral authority, enforced by local civilian police or foreign occupation troops, were unlikely to have much success.

A sort of “freedom of the road,” in the old highwayman‘s sense.

Gladow, in turn, found his inspiration for this freedom in pop culture inputs like gangland movies (he’d make it to celluloid himself). Self-consciously self-styled after Chicago mobster Al Capone and resolved to become “an American-style gangster,”** Gladow would exude to a court psychologist “a psychopathological drive for freedom and unboundedness.”

Taking a Cut

Former Berlin executioner and Gladow accessory Gustav Voelpel (Ministry of Silly Masks department) served time, as did Voelpel’s wife Martha.

If our young Capone wanted a preview of his short life’s final destination, he had it readily at hand in the person of supposed assistant Berlin executioner Gustav Voelpel.

Voelpel claimed to have taken off a mere 30 heads from 1945 to 1949, a drastic falloff in business from the good old Hitler days, and

At 1,000 marks a head, I can scarcely make both ends meet.

So, he too turned to crime, with both an independent portfolio (he was nicked for robbing a woman with his mask for a disguise) and as an informant/tipster for the Gladow gang. Voelpel, papers reported,

preferred to use the axe in his executions as the guillotine was likely to jam after the second or third victim, whereas he never missed with an axe.

And Werner Gladow ought to have asked him about that, too.

German Engineering

We mentioned that Gladow’s base was in East Berlin.

Unfortunately for Gladow, this meant that when he was finally tracked down at his apartment just after his 18th birthday — his 48-year-old mother was with him, firing from the windows — he enjoyed the rough justice of the Russian administration, married to the political exigencies of using the “youth amok” trope as a club to beat the West with.

East and West German officials, like authorities in the Weimar Republic and the Third Reich, grew increasingly worried about the impact that American movies, jazz, and boogie-woogie had on German youth … East German authorities made highly publicized efforts to exploit hostilities toward American culture that existed in East and West Germany. During the 1950 trial of Werner Gladow, whose gang had engaged in a crime spree across East and West Berlin … officials and the press linked American culture directly to juvenile delinquency and political deviance.

–Jazz, Rock, and Rebels: Cold War Politics and American Culture in a Divided Germany

Setting a stern example for future ne’er-do-wells, Gladow was beheaded in Frankfurt an der Oder† on the fallbeil, the German guillotine (literally “falling axe”).

According to the German Wikipedia account, the fallbeil actually failed to kill Werner Gladow the first time, and had to be re-dropped two more times. Wikipedia has the blade grotesquely lodging in the prisoner’s neck (non-fatally; he started screaming), which must have indicated some problem with the motion or lubrication of the mechanism that prevented its falling at speed, and/or an appallingly blunt blade.

Gladow’s prosecutor, present to witness the festivities, fainted dead away. Unlike Gladow, he was alive again the next morning.

* More here.

** Gladow’s own words as quoted in a press report of his trial in the Chicago Daily Tribune, March 25, 1950.

† Far to the east, near the Polish border; not to be confused with the western metropolis Frankfurt am Main.

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1689: Karposh, Macedonian rebel

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On an uncertain date in early December (or possibly late November), the Macedonian* rebel Karposh was executed at Skopje.

The Great Turkish War had seen the Ottomans advance to the gates of Vienna, but an alliance of European powers pushed the Mohammedan back.

Their crisscrossing armies roiled the Balkans, creating the opportunity for a bit of ill-fated separatism.

Arambasha [a title, not a name] Karposh raised a native Macedonian rebellion (detailed account of it here) that waxed and waned with the fortunes of the Austrian army. In his brief heyday, he was acclaimed “Prince of Kumanovo“.

But a November 1689 counteroffensive seriously harshed that vibe; the Turks overran his force and drug Karposh back to Skopje where he and a couple hundred fellow Macedonian captives are said to have been put to death by impalement on the lovely Stone Bridge over the Vardar. (Other versions of this story cite, less picturesquely, hanging.)

You can still see this landmark today in Skopje … capital of the now-independent Macedonia.

* Lest I wade carelessly into the Balkan ethnic crossfire, I hasten to declaim that “Macedonian” here refers to the geographic environs roughly coincident with the present-day Republic of Macedonia. No representation as to the man’s ethnicity or his project is intended, or attempted.

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1876: The samurai leaders of the Hagi and Akizuki rebellions

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Unless you’re a Jedi knight, feudal warrior castes and industrial civilization go together like sashimi and fries. So, when the Meiji Restoration made its choice for Japanese modernization, it gained the enmity of the samurai it necessarily dispossessed.

A news nishiki-e woodblock depicting the defeat of the Hagi Rebellion, with the conquering Miura Goro on horseback. (Click for a wider, three-panel image.) From here.

In many cases, said samurai were especially burned at having initially backed the restoration’s restoration of the emperor and attendant jingoistic sloganeering, only to find themselves on the outs as soon as the new government got its feet under it.

Over the 1870’s, the samurai caste was essentially abolished, and it lost its sword-toting privileges along with (come the advent of a new conscript army) its military import.

Small wonder that once-haughty military folk fought this unwelcome progress katana and wakizashi.

In 1876, the Shimpuren Rebellion helped spark sympathetic retrograde uprisings both named for their locations, Akizuki and Hagi. In all of these, the aggrieved samurai made desperate bids to reassert their lost position and reverse Japan’s westernization.

In all of these, they failed.

Leaders of both the Akizuki and Hagi Rebellions — Wikipedia gives it as two from the former (Masuda Shizukata and Imamura Hyakuhachiro) and seven from the latter (notably Maebara Issei) — were beheaded together this date in Fukuoka.

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1938: Robert Lee Cannon and Albert Kessell, the first gassed in California

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On this date in 1938, California debuted the latest in killing technology when its brand new gas chamber consumed Robert Lee Cannon and Albert Kessel for the previous year’s riot in Folsom Prison.

Already near 15 years in service in Nevada and previously mammal-tested in the Golden State, the gas chamber made California’s gallows a thing of the past.

First up were five convicts in three installments: Cannon and Kessel on Friday, Dec. 2; Wesley Eudy and Fred Barnes the following Friday, Dec. 9; and Ed Davis by his lonesome on Dec. 16. (The gas chamber only seated two at a time, and had to be aired out for hours after completing an execution.)

They were the five survivors of a bloody rising at Folsom in September 1937 that had killed Warden Clarence Larkin, plus a prison guard and two inmates. And they earned thereby the distinction of being blogged about in the 21st century as Californian pioneers.

Though the gas chamber’s maiden run doesn’t appear to have experienced what we might call an actual botch (a later article would report that they “stoically shuddered to their deaths”), the unfamiliar procedure made plenty of witnesses queasy. According to the Dec. 3, 1938 Los Angeles Times,

Prison attendants, used to watching men die, said the exhibition sickened them. It led almost immediately to a movement to have the new law repealed and hanging reinstuted as the method of capital punishment in this State.

The Times‘ “Daily Mirror” history blog helpfully provides several of the eyewitness reactions (along with ancient newsprint pictures of the condemned).

Kessell’s death was visibly unpleasant. He “appeared to be trying to hold his breath. He was rigid and his hands gripped the arms of his chair as the gas hit him. He gasped: ‘It’s bad!'” Cannon’s seems to have been less so.

But the real source of spectator revulsion was the audience’s aesthetic experience — in this case, of excessively prolonged and intimate proximity to the dying men.

What several witnesses said made today’s executions so terrible was the fact that the condemned men were not masked or blindfolded and that it took so long,* from the time they entered the chamber to be strapped into the chairs until they were pronounced dead.

The movement to restore the gallows never got, er, off the ground; California kept gassing condemned men and women into the 1990’s, when it switched to lethal injection.

Killed in San Quentin for crimes in Folsom? Here’s the mandatory Johnny Cash callout.

* A couple of minutes to strap down, and another 16 minutes from the start of the execution until death was pronounced. This same newspaper article said hangings clocked in at under 15 minutes for the entire procedure.

Everything is relative, of course. Renowned British hangman Albert Pierrepoint had to conduct a few executions for the U.S. military, and he found the American hanging ritual to be intolerably prolonged and personal compared to his baseline assumption.

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1945: Anton Dostler, gone commando

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On December 1, 1945, German General Anton Dostler was shot by the American military at Aversa, Italy, for war crimes.

Gen. Dostler readied for execution, from the U.S. National Archives. Click for larger image, or click here for the post-execution photo.

Specifically, General Dostler was condemned for having ordered the summary execution of American saboteurs who had been taken behind enemy lines.* Dostler was the first German general tried by an American military commission, and the first put to death for war crimes.

And his sentence did not sit well with all.

There had been a group of German saboteurs captured in the United States during the war who had themselves been executed (after becoming the subject of Supreme Court landmark Ex parte Quirin). Here, a mirroring act on the German side brought a death sentence for its (supposed) author.

Dostler’s scenario therefore raised interesting questions of war crimes law, jurisdiction … and politics.

The essential legal difference between the German saboteurs and the OSS men shot at La Spezia was that the latter were found to have been taken in uniform. If uniformed, they were entitled to prisoner of war status; if not, then a summary execution might have been (however repugnant) permissible.

It seems to be generally agreed, and even conceded by Dostler’s defense, that the saboteurs were indeed in uniform, though the notes of the trial are rather vague on the point; there’s an intriguing indication that the defense disputed the notion that the captive saboteurs’ uniform had the necessary “fixed distinctive sign recognizable at a distance.” (Time said that “they wore no insignia, had turned their field jackets inside out.”)

In a do-over, Dostler’s defense might have dug very deep into what met the Geneva Convention’s definition of a uniform.**

For the Germans, however, the saboteurs’ fate was decided by Hitler’s notorious Commando Order, inflicting immediate death on any enemy personnel (uniformed or not) captured behind German lines.†

Understandably, then, Dostler’s counsel seems to have been much more interested in pursuing the “superior orders” defense, and did so with gusto: in this early landmark trial, it was an as-yet untested strategem even though the Allied Powers had decided as a matter of policy not to protect potential war criminals on that basis. Not only was the Führerbefehl at work in general, but Dostler had kicked this specific decision upstairs to the office of Gen. Albert Kesselring, which had insisted upon the executions (to the point of directly phoning the fortress which held the Americans to ask why they weren’t dead yet).

Dostler defense attorney Col. Claudius Wolfe appeared to strike a chord with the tribunal’s career military officers in his closing summation, impressing upon them the danger to military order or to their own persons of establishing a precedent that subordinates can be held accountable for illegal orders from above.‡

We won the war this time, but no one knows who will win the next time. We might lose and then you gentlemen might find yourselves sitting where this man is now sitting…

If we find this man guilty because of political pressure or because he lost the war and is in our power, we might as well not have won the war. (New York Times, Oct. 12, 1945)

But a more immediate precedent was at stake: the many imminent war crimes trials including the Nuremberg proceedings. Many of those would never get off the ground if a “superior orders” plea could work for someone as high-ranking as a general — or if the first war crimes trial out of the gate resulted in an acquittal.

A son of one of Dostler’s defense team makes a hotly-stated case for the general here; some factual errors (e.g., the “Roosevelt administration”) detract from the piece, but his recollection of the backstage machinations as related by his father are fascinating if true.

Video of Dostler’s execution is available, in its original silent cut.

* A description of the attempted operation, with helpful maps, is here (pdf). Coincidental — but perhaps informative for the Third Reich’s decision-making apparatus — was the fact that the La Spezia saboteurs were captured on March 24, 1944, the very same date as a reprisal mass execution in Rome for a partisan attack the day before that had claimed 33 Germans.

** Here (pdf) is a review of the current legal terrain around the “uniform” issue, significantly shaped by World War II. Executive summary: commanders should give awfully wide latitude to hostiles wearing less-than-standard uniform unless said hostiles are clearly using their wardrobe as a ploy to get the drop on your guys.

† Actually, the text of the Commando order directed that enemy “commandos” should without quarter “be exterminated to the last man, either in combat or in pursuit” (a “no quarter” order being illegal itself, but not relevant here); but, that those who somehow managed to be captured should be handed over to the SS. German officers seem to have understood, probably accurately, that the high command simply wanted them dead and wasn’t fussy about distinguishing the circumstances. Dostler’s guys (per the Oct. 13, 1945 London Times) contended that Hitler’s citation in the Führerbefehl of Allied atrocities made the German policy in reality a Geneva Convention-legal reprisal order.

‡ A German officer down the chain of command, Alexander zu Dohna-Schlobitten, actually refused to sign the execution order for the Americans because — yes — the order violated the Geneva Conventions. The Wehrmacht sacked him, but did not prosecute him, for his scruples.

Part of the Daily Double: Lesser War Criminals.

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1945: Heinz Eck, U-Boat commander

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On this date in 1945, Heinz-Wilhelm Eck and two of his former subordinates on the Unterseeboot U-852 were shot in Hamburg for killing the survivors of a sunk target.


The defendants in the U-852 trial. From left to right: Eck, August Hoffmann, Walter Weisspfennig, Hans Lenz, Wolfgang Schwender. The leftmost three were executed.

On March 13, 1944, in the South Atlantic en route to the Indian Ocean, U-852 torpedoed the Greek-flagged Peleus.

The submarine commander Eck feared the steamer’s debris would be observed by a passing airplane, and give enough information to Allied reconnaissance to enable it to find his ship. He therefore surfaced and attempted to have the debris field eliminated by machine-gunning and grenading it into the watery deep.

This seems a rather curious expedient, but evidently it was a common one.

U-Boat ace Adalbert Schnee was called (German link) to testify that blasting away at ship wreckage actually was an effective practice. But on prosecution’s cross-examination, Schnee was deftly trapped — lest he incriminate himself in a potential war crime — into disavowing (pdf) the killing of survivors who happened to be clinging to that debris.*

Q. What would you have done if you had been in Eck’s position?

A. I would under all circumstances have tried my best to save lives, as that is a measure which was taken by all U-boat commanders; but when I hear of this case, then I can only explain it as this, that Captain Eck, through the terrific experience he had been through, lost his nerve.

Q. Does that mean that you would not have done what Captain Eck did if you had kept your nerve?

A. I would not have done it.

Survivors of torpedo attacks usually had problems enough without the sub crew taking pains to attack them. Eck claimed that he worried that the survivors’ rafts might have communications equipment that would call out the sub-hunters tout de suite, but a standing German directive forbade U-boat captains assisting their prey.

No attempt of any kind should be made at rescuing members of ships sunk, and this includes picking up persons in the water and putting them in lifeboats, righting capsized lifeboats and handing over food and water. Rescue runs counter to the rudimentary demands of warfare for the destruction of enemy ships and crews … Be harsh, having in mind that the enemy takes no regard of women and children in his bombing attacks of German cities.

An unpleasant reality of sub warfare, as depicted in the classic submarine film Das Boot:

But in this case, some of the Peleus crew managed to survive the mop-up operation, and then the open ocean, long enough to tell their tale.

The British military tribunal sentenced Eck to death, his plea of “operational necessity” (i.e., “I had to shoot the survivors to sink the debris to save my ship”) rejected; also condemned were the ship’s doctor Walter Weisspfennig, who wasn’t supposed to be involved in gunplay at all, and August Hoffmann. Both of them had taken the “only following [Eck’s] orders” line.

Hans Lenz, who had opposed Eck’s order but ultimately complied with it, drew a life sentence. Wolfgang Schwender, who seems to have shot generally at debris but not (he said) at human beings, and then got bumped off his gun by the reluctant Lenz, got off the easiest at 15 years.

Despite the predictable “victor’s justice” dynamic — American and British sub personnel, and even Japanese I-boat officers, evidently skated on similar conduct — Eck was the only U-boat commander in World War II to draw a war crimes conviction. That was surely due in part to the overwhelming majority of them having simply failed to survive the perilous undersea campaign long enough to see the inside of a war crimes court.

* Part of the past-is-prologue contest for this case was the World War I sinking of the Llandovery Castle by a German submarine, which had then proceeded to hunt down the lifeboats. It resulted in (non-death penalty) war crimes convictions for some of the U-boat officers involved. The existence of this precedent helped to defeat the “superior orders” defense of the junior officers, since they could be held to have known that Eck’s command was illegal.

Part of the Daily Double: Lesser War Criminals.

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1871: Louis Rossel, Théophile Ferré, and Sergeant Bourgeois, Communards

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On this date in 1871, three very disparate men of the recently quashed Paris Commune were shot together at Satory.


Louis Rossel (top) and Theophile Ferre. The mysterious Bourgeois will have to be imagined.

Louis Rossel (French Wikipedia link | English) got the press — the public sighs, the clemency campaign, the big show by Adolphe Thiers of considering mercy. “Rossel,” French scribbler Jules Barthelemy-Saint-Hilaire wrote, “is a man whose hand we grasp even when we shoot him.”

Rossel, to the elites of the Third Republic, was one of them. (Here’s a very sympathetic extended biography via Google books.)

The highest-ranking officer (a colonel) to serve the Commune, a writer of books and thinker of thoughts, the fuzzily lefty Rossel had gone to Paris to serve “the people” when France’s capitulation during the Franco-Prussian War put the capital at the mercy of the Germans.

Rossel was briefly Minister of War for the Commune, but he broke with its leadership’s fire-eating ways and then hung about the city while events played out around him. For his adherents, he was the loyal patriot who had renounced the rebellion. For the rebels … pretty much the same (Rossel resigned/was forced from power three weeks before the Commune fell).

But for the brass, the youngster’s March resignation letter abandoning the Thiers government for the Parisian masses was a little more dangerous than your garden-variety liberalism.

Having learned … that two parties are struggling for mastery of the country, I do not hesitate in joining the side which has not concluded peace [with the Germans], and which has not included in its ranks generals guilty of capitulation. (Source)

Without doubt, Theophile Ferre (French Wikipedia link | English) was a true believer, a radical agitator from way back. Ferre was part of the Commune leadership, and directly involved in the execution of hostages during its desperate last week.*

As such, his sympathy from the bourgeois public was zero, and his prospects of commutation were even worse than that. Ferre took his solace from his faith in the cause.

Joining these two in a sort of literary triad was one “Sergeant Bourgeois” (seriously), a straight-from-central-casting grunt “condemned to death for having struck one of his officers, and for having afterwards taken part in the Commune.”** His role in the story is to be the virtuous avatar of The People, understood to have died in a manner confirming the interlocutor’s take on the Commune, whatever that take might be.

Thus, Lissagaray (French link), eloquently reviling that milquetoast fop Rossel:

For twelve weeks death remained suspended above the heads of the condemned. At last, on the 28th November, at six o’clock in the morning, they were told that they must die. Ferré jumped out of bed without showing the slightest emotion, declined the visit of the chaplain, wrote to ask the military tribunals for the release of his father [also imprisoned -ed.], and to his sister that she should have him buried so that his friends would be able to find him again. Rossel, rather surprised at first, afterwards conversed with his clergyman. He wrote a letter demanding that his death should not be avenged — a very useless precaution — and addressed a few thanks to Jesus Christ. For comrade in death they had a sergeant of the 45th line, Bourgeois, who had gone over to the Commune, and who showed the same calm as Ferré. Rossel was indignant when they put on the handcuffs; Ferré and Bourgeois disdained to protest.

The day was hardly dawning; it was bitterly cold. Before the Butte of Satory 5,000 men under arms surrounded three white stakes, each one guarded by twelve executioners. Colonel Merlin commanded, thus uniting the three functions of conqueror, judge, and hangman.

Some curious lookers-on, officers and journalists, composed the whole public.

At seven o’clock the carts of the condemned appeared; the drums beat a salute, the trumpets sounded. The prisoners descended, escorted by gendarmes. Rossel, on passing before a group of officers, saluted them. The brave Bourgeois, looking on at the whole drama with an indifferent air, leant against the middle stake. Ferré came last, dressed in black and smoking a cigar, not a muscle of his face moving. With a firm and even step he walked up and leant against the third stake.

Rossel, attended by his lawyer and his clergyman, asked to be allowed to command the fire. Merlin refused. Rossel wished to shake hands with him, in order to do homage to his sentence. This was refused. During these negotiations Ferré and Bourgeois remained motionless, silent. In order to put a stop to Rossel’s effusions an officer was obliged to tell him that he was prolonging the torture of the two others. At last they blindfolded him. Ferré pushed back the bandage, and, fixing his eyeglass, looked the soldiers straight in the face.

The sentence read, the adjutants lowered their sabres, the guns were discharged. Rossel and Bourgeois fell back. Ferré remained standing; he was only hit in the side. He was again fired at and fell. A soldier placing his chassepôt at his ear blew out his brains.

By unsurprising contrast, the New York Times reporter found Rossel’s act more convincing than Ferre’s.

Throughout this trying morning ROSSEL was calm and resigned to his fate, and all of his remarks are manly and touching …

It was a cold, dark, November morning, a heavy fog obscuring everything at 6 &frac12, and the street lamps were still lighted. During this time FERRE had dressed himself with unusual care, putting pommade upon his hair, and spending a long time in brushing his clothes … BOURGEOIS rose jauntily from his bed, made his ablutions like a soldier, then listened to the consolation of the priest. After this he lighted a cigar, and went out jauntily, with light military tread, and with his kepi cocked upon one ear. He was cool, but there was no bravado about him, while FERRE seemed to be constantly searching for effect …

ROSSEL … stood calmly before the platoon awaiting the signal to fire.

Meantime Bourgeois had marched gaily to his post, saluting the troops as he passed, and in a business-like way threw down his cigar, threw open his coat, and stood in an easy position, awaiting the word. FERRE was a poseur to the last. A number of times he changed his position, looking at his legs and then at the few spectators, but no position seemed to satisfy him. He then cast a rapid glance toward BOURGEOIS, and immediately struck the soldier’s attitude.

Seeing these archetypes reduced to corpses, the London Times‘ correspondent could hardly resist.

As I cast a last look at them, I could not but feel how different was the spirit which had animated each at the last moment. Rossel had died commending his soul to God; Borugeois had gone through the form of confession, and died probably in the ignorance of a superstitious soldier, while Ferre died, caring as little for his own life as he had for those of others … a Materialist.

* Ferre is supposed to have personally announced the death sentence to Archbishop Georges Darboy, the marquee martyr to the Commune.

** London Times, Nov. 30, 1871.

On this day..

1911: Ah Q

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On this date in 1911, the fictional title character of Lu Xun’s The True Story of Ah Q was shot in “Weichuang village,” China.

Ah Q wins another victory. Image from the Marxist Internet Archive.

A modern masterpiece that remains standard reading in China, The True Story of Ah Q was also one of the first literary pieces in the vernacular. Published in 1921 and set in the events of the Xinhai Revolution ten years prior, the novella/short story acidly satirizes China through the biography of the absurdly hapless Ah Q.

Lu Xun (or Lu Hsun) presents the reader a peasant whose real name is literally unknown — an everyman, and no man at all — and proceeds to characterize this discomfiting allegory: a weakling, a bully, a chauvinist, a fool, whose pluck is all folly born of a bottomless capacity for convincing himself that each new failure and humiliation of his abject life is a victory. (In 1933, the American journalist Edgar Snow asked Lu Xun if there were still manh Ah Qs in China. “It’s worse now,” Lu Xun replied. “Now it’s Ah Qs who are running the country.”)

The second and third chapters detail many such “victories.” Through them, the Chinese tongue gained the phrase “the spirit of Ah Q” to indicate determined self-deception.

This story is well worth reading, which can be done for free here.

Though specific calendar dates are scarcely at all alluded to in the narrative itself, the timing of the “climactic” execution — it is an empty death tragic only in its dearth of tragedy, for a revolution that from the author’s standpoint of hindsight was still struggling with the country’s colonial legacy of weakness and backwardness — can be deduced from the text.

Its action takes place in the confused days immediately following the town’s going over to the revolution, which swept through the Chinese provinces in late October and early November of 1911.*

The robbery that precipitates Ah Q’s execution takes place on a night with “no moon”; according to the year’s lunar chart, there was a new moon on the night of Nov. 20. (The December new moon is much too late to make sense.) In the story, it is “four days later” that Ah Q is arrested at night, then drug out for interrogation the next morning (the 25th); returned to his cell and recalled the morning after (the 26th) to sign a confession;** and after one more night in custody,&dagger hauled to an execution he does not even realize is taking place until the last moment.

Suddenly it occurred to him — “Can I be going to have my head cut off?” Panic seized him and everything turned dark before his eyes, while there was a humming in his ears as if he had fainted. But he did not really faint. Although he felt frightened some of the time, the rest of the time he was quite calm. It seemed to him that in this world probably it was the fate of everybody at some time to have his head cut off.

He still recognized the road and felt rather surprised: why were they not going to the execution ground? He did not know that he was being paraded round the streets as a public example. But if he had known, it would have been the same; he would only have thought that in this world probably it was the fate of everybody at some time to be made a public example of.

…

Ah Q suddenly became ashamed of his lack of spirit, because he had not sung any lines from an opera. His thoughts revolved like a whirlwind: The Young Widow at Her Husband’s Grave was not heroic enough. The words of “I regret to have killed” in The Battle of Dragon and Tiger were too poor. I’ll thrash you with a steel mace was still the best. But when he wanted to raise his hands, he remembered that they were bound together; so he did not sing I’ll thrash you either.

“In twenty years I shall be another …”‡ In his agitation Ah Q uttered half a saying which he had picked up himself but never used before. The crowd’s roar “Good!!!” sounded like the growl of a wolf.

…

At that instant his thoughts revolved again like a whirlwind. Four years before, at the foot of the mountain, he had met a hungry wolf which had followed him at a set distance, wanting to eat him. He had nearly died of fright, but luckily he happened to have an axe in his hand, which gave him the courage to get back to Weichuang. He had never forgotten that wolf’s eyes, fierce yet cowardly, gleaming like two will-o’-the-wisps, as if boring into him from a distance. Now he saw eyes more terrible even than the wolf’s: dull yet penetrating eyes that, having devoured his words, still seemed eager to devour something beyond his flesh and blood. And these eyes kept following him at a set distance.

These eyes seemed to have merged into one, biting into his soul.

“Help, help!”

But Ah Q never uttered these words. All had turned black before his eyes, there was a buzzing in his ears, and he felt as if his whole body were being scattered like so much light dust.

…

As for any discussion of the event, no question was raised in Weichuang. Naturally all agreed that Ah Q had been a bad man, the proof being that he had been shot; for if he had not been bad, how could he have been shot? But the consensus of opinion in town was unfavourable. Most people were dissatisfied, because a shooting was not such a fine spectacle as a decapitation; and what a ridiculous culprit he had been too, to pass through so many streets without singing a single line from an opera. They had followed him for nothing.

* According to this footnote, it can be more specifically dated to the fall of Shaoxing, which would have been early November.

** Ah Q has no idea he is signing a confession; an illiterate, he makes his mark with a circle — fixated only on making it a perfect circle, at which endeavor he naturally fails “victoriously.”

† During Ah Q’s last night on earth, the scene cuts to two local officials arguing about the prisoner’s fate, where the man’s life is forfeit in some other mean contest of the municipal pecking order — “Punish one to awe one hundred! See now, I have been a member of the revolutionary party for less than twenty days, but there have been a dozen cases of robbery, none of them solved yet; and think how badly that reflects on me. Now this one has been solved, you come and argue like a pedant. It won’t do!”

‡ According to this footnote, “‘In twenty years I shall be another stout young fellow’ was a phrase often used by criminals before execution, to show their scorn of death.”

On this day..