Category Archives: Crime

1864: Bizoton Affair executions

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On this date in 1864, a bustling market Saturday in Port-au-Prince, Haiti was enlivened with the public executions of eight Haitians for cannibalistic murder.

It was perhaps the signal event in a long-running campaign against vodou (voodoo, vaudoux) in whose service the murder was supposedly committed. The charge sheet had it that a man intent on an occult rite to propitiate the spirit world had slaughtered his own young niece and with several friends and family devoured her remains.

It made for some great copy.

“The eye of the law has penetrated into the midst of the bloody mysteries of this religious cannibalism, against which all the teachings of Catholicism have remained powerless,” breathed the world press in salacious revelry.


Sketch of the Bizoton Affair accused from Harper’s Weekly.

Within Haiti and without, vodou itself stood in the dock alongside its adherents. This was quite likely the very point of the trial.

The popular syncretic religion, heavily derived from Haitian slaves’ African roots, represented to Haitian elites and European observers alike all that was most barbarous about the one place that had run white slavers off. Just a few years ago as I write this, the U.S. televagelist Pat Robertson claimed that Haiti had come by its liberty due to a long-ago pact with the devil. That “pact” was a secret vodou ceremony launching the rebellion that became the Haitian Revolution.

Vodou persisted throughout the 19th century — it still persists today — among Haiti’s underclasses. Though frequently persecuted, vodou enjoyed the support and personal devotion of Emperor Faustin Soulouque, a former slave who ruled Haiti in the 1850s. When Soulouque was overthrown by Fabre Geffrard in a coup backed by Haiti’s elites, dissociating from vodou was one of his principal tasks.

As the history blogger Mike Dash explains in a detailed exploration of the case’s background, the deeply Catholic Geffrard had come to an arrangement with the Vatican that

committed the president to making Catholicism Haiti’s state religion — and the executions of February 1864, which so clearly demonstrated Christian “orthodoxy,” took place just weeks before the priests of the first mission to the country arrived from Rome. The trial was followed up, moreover, by a redrafting of Haiti’s Code Pénal, which increased the fines levied for “sorcery” sevenfold and added that “all dances and other practices that … maintain the spirit of fetishism and superstition in the population will be considered spells and punished with the same penalties.”

The original records of the trial are long lost, meaning the surviving accounts are typically the very partisan ones already convinced that pagan vodou cannibalism was rampant in Haiti. The British charge d’affaires Spenser St. John* has one of the best-known and most influential from his 1887 memoir of Haiti. (St. John attended the trial personally with other European dignitaries.)

St. John considered the case self-evident, and dwelt on its lurid revelations of the cannibalism scene — the flaying of little Claircine’s body, the palm of the hand savored by one cannibal as the choicest morsel. Cannibal testimony was St. John’s own choice morsel; in his view, Haitians extremely “sensitive to foreign public opinion” obstinately threw up a collective wall of silence on a practice that “every foreigner in Hayti” just knew was everywhere around him. But even when St. John published, after another 20-odd years past the Bizoton trial to gather evidence of anthropophagism, all that he managed to produce were two highly dubious second-hand accounts of white men allegedly sneaking into vodou ceremonies under cover of blackface and reporting the sacrifice of children. In the hands of Victorian writers prone to still further embroidery these few sketchy dispatches — and the notorious Bizoton case — would help to cement vodou’s sinister reputation.

St. John’s American counterpart was less impressed with the show trial, its moral panic scenario, and the thrashings administered to the accused to force their confessions.

It was not a fair trial; the evidence was extracted by torture. There was a report in circulation. It caused great excitement. Government took it up, and was determined to convict, because it was a seeming stain on their race. The verdict was forced.

Per St. John, the execution itself was badly botched. “The prisoners, tied in pairs” were “fired [at] with such inaccuracy” by their respective shooting teams “that only six fell wounded on the first discharge.” It took half an hour and much reloading to complete the executions, “and the incidents were so painful, that the horror at the prisoners’ crimes was almost turned into pity at witnessing their unnecessary sufferings.”

* As a consular official in a previous post on the opposite side of the globe, St. John accompanied two of the earliest ascents of Mount Kinabalu in Borneo; as a consequence, one of that mountain’s peaks bears his name.

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1896: Bartholomew “Bat” Shea, political machine ballot-stuffer

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On this date in 1896, during a driving Adirondack snowstorm, Bartholomew “Bat” Shea was electrocuted at New York’s Clinton Prison for a political murder two years prior.

This was the great boom time for machine politics, corrupt political patronage networks doling “spoils” like jobs and benefits to members who in turn maintained a party’s stranglehold on an electorate. These flourished in an industrializing America’s burgeoning cities; Troy, N.Y., at 60,000-plus in the 1890s (it has fewer than that today), was one of upstate New York’s prime industrial centers, and home to a municipal machine rooted in Irish Catholic immigrants and bossed by Democratic U.S. Senator Edward Murphy.

Machine politics were a major bone of contention in the Progressive Era, and certainly in the Troy elections of 1894. The ballot that year would decide Troy’s mayor, and as per usual the Murphy machine meant to stuff the box for its handpicked candidate.

On March 6, 1894, a group of Murphy “repeaters” (so called for their intent to vote repeatedly) including “Bat” Shea and (he’ll figure momentarily) John McGough approached a Thirteenth Ward polling place.

Republican poll watchers Robert and William Ross awaited them — armed, and expecting trouble. They had sparred with the Murphy machine at the ward caucus a few days previous.

“In a twinkling,” went a press report, “clubs and revolvers were flourished. Many shots were fired and when the fight closed it was found that Robert Ross had been fatally shot, that his brother, William, received a bullet in the neck and that Shea and McGough, who fled from the scene, had each been slightly wounded.”

This bloodshed, profaning as it seemed a sacred pillar of the polis, aroused a passionate if opportunistic response from Republicans, anti-machine reformers, and Troy’s Protestants. The killer(s) “were guilty of a crime against the Republic and against republican institutions,” as the resulting Committee of Public Safety put it, deep into the appeals process. (NYT, Jan. 15, 1896) “If such a crime is to go unpunished, ‘government of the people, by the people, for the people,’ must perish from the earth.”

“In this case there is something dearer than a single life,” said a prosecutor.*

It is the question of American citizenship, a question which comes home to us all, Democrats and Republicans, rich and poor. The question is whether it is the good citizen with the ballot, or the thug with his revolver, who shall control our nation.

Two other men were actually implicated in Robert Ross’s death before “Bat” Shea. John Boland, a fellow ballot-watcher, was the first arrested, but outcry against the apparent bid by the Murphy machine to fix the homicide on the victimized party soon freed him.

John McGough of the “repeater” party was also taken into custody, and accused at first of having fired the fatal shot.

Eyewitnesses soon pinned the murder on “Bat” Shea, and a conviction was speedily secured on this basis — with McGough subsequently receiving a long prison sentence for attempted murder, his shot having come within centimeters of taking William Ross’s life, too.

But many of those whom the Murphy machine benefited never believed the evidence against Shea and certainly never thought him capitally liable. Eyewitnesses hewing to their own party affiliation, pushing their own political agenda aided by convenient certainty upon the triggerman of this or that specific bullet in a general firefight. (The Rosses were shooting, too.)

The evidence could certainly be disputed, and over nearly two years Shea’s advocates did just that in courts and clemency petitions — a remarkable (for the time) odyssey to save Shea from the executioner.

Days prior to Shea’s January 1896 execution, his fellow repeater McGough sent a letter to Republican Gov. Levi Morton,** claiming that he, not Shea, shot Ross.

Interviewed directly by the governor’s agents, McGough stuck to his story. This wasn’t enough to convince Morton to spare Shea. For one thing, it would invite the suspicion that the Murphy people were conniving to weasel each other out of the debt that someone owed for Ross’s blood — McGough having already been convicted for his part in the skirmish, and thus safely out of the executioner’s potential grasp.

So much for Republican New York, Protestant New York, respectable New York. Shea’s many supporters who could never secure a legal toehold received his remains in honor at Troy, crowding a train platform where the coffin arrived in at 2:30 a.m. the morning after the electrocution. All that Wednesday, February 12, throngs of supporters paid their respects as the electrocuted man lay in state at his family’s River Street home.

At funeral services at St. Patrick’s Church on February 13, the officiating Father Swift averred uncertainty as to Shea’s guilt.

“If he was guilty,” said Swift (NYT, Feb. 14, 1896), “I do not believe he was conscious of it.”

For the reported 10,000 who turned out to lay the “murderer” to rest, the sentiment was quite a bit less ambivalent. Countless floral arrangements crowded into the Shea home. “Innocent,” read the cards upon many of them. Or, “Murdered.” (With a similar sympathy but perhaps much less taste, someone else sent flowers shaped like the electric chair.)

The present-day visitor to Troy can see “Bat” Shea’s name on a downtown Irish pub … and a monument of Robert Ross defending a ballot box at Oakwood Cemetery.

* This statement was made in the McGough trial, not the Shea trial. It’s sourced to this 1890s celebration of Ross and his cause.

** Morton had been U.S. Vice President from 1889 to 1893. More interestingly for this blog, Morton was U.S. President James Garfield’s 1881 appointee as ambassador to France. This was the very diplomatic post for which Charles Guiteau had petitioned Garfield, and being passed over (on account of being a whackadoodle obscurity) caused Guiteau to assassinate Garfield. Morton was succeeded as governor by Frank Swett Black … a Troy clean-elections crusader who had gone into politics after sitting at the prosecution’s bar in the case of “Bat” Shea.

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1844: Hester Foster and William Young Graham

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

At 1:30 p.m. on this date in 1844 at the Columbus Penitentiary in Ohio, William Young Graham, aka William Clark, and Hester Foster, aka Helen or Esther, were hanged together for their respective crimes.

It was an integrated execution: Graham was a white man, and Foster was black.

Foster was the first woman to be executed in Ohio. (There have been just three more … so far.) The previous spring, while incarcerated for some offense lost to history, she beat a white female prisoner to death with a fire shovel. As this history of Franklin County notes, Foster admitted to her actions, but claimed the murder wasn’t premeditated and therefore not a death penalty crime.

Graham’s crime was somewhat similar; within a few months of the murder Foster committed, he killed a prison guard with an ax. He claimed insanity by way of defense.

The pair’s public execution was attended by thousands. In the atmosphere of “noise, confusion, drunkenness and disorder,” one attendee, a Mr. Sullivan Sweet, was accidentally trampled to death. Many more Ohio men would face the death penalty in coming years, but Ohio’s next execution of a woman would not be until almost a century later, with the electrocution of serial poisoner Anna Marie Hahn in 1938.

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1999: Leo Echegaray, by lethal injection in the Philippines

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On this date in 1999, the Philippines resumed executions after 23 years with its first-ever lethal injection.

Judicial executions had ceased during the Marcos dictatorship’s martial law period — extrajudicial killings were another story — and formally all but abolished after Marcos fell in 1986.

But rampant crime made an execution comeback a potent political issue that helped to carry Fidel Ramos* to the presidency in 1992. The revival would bring along the latest upgrades in killing-people technology: whereas the Philippines had previously used the electric chair, a holdover from its former colonial domination by the United States, it now followed America’s footsteps in preferring the sanitized experience of lethal injection.

Leo Echegaray, destined to become the first person to meet such a fate in the Philippines, was a house painter convicted of raping his daughter or stepdaughter. (Despite Rodessa’s surname, her mother and Leo never married. Rodessa Echegaray’s uncertain biological parentage was at issue in the case, as to the question of whether the rape could be said to be incestuous: rape committed by a father was a specific subcategory of rape under the law uniquely eligible for the maximum penalty.)

The Supreme Court had no interest in parsing DNA, finding that the parenthood “disclaimer cannot save him from the abyss where perpetrators of heinous crimes ought to be.”

“The victim’s tender age and the accused-appellant’s moral ascendancy and influence over her are factors which forced Rodessa to succumb to the accused’s selfish and bestial craving,” it ruled. “The law has made it inevitable under the circumstances of this case that the accused-appellant face the supreme penalty of death.”

That was in 1996. By the time Echegaray came to the actual end of his appeals cycle, Ramos had given way to the mercurial Joseph Estrada. A former actor, Estrada put his showmanship to use by having his telephone hotline to the prison disconnected prior to Echegaray’s execution to underscore his resolve not to entertain any 11th-hour commutation.

The 11th hour was of intense interest to everyone else. The supposedly secret time and circumstances of Echegaray’s move to the death house was leaked and resulted in a circus scene as the doomed prisoner, Bible in hand and “Execute Justice, Not People” pinned his orange prison jumpsuit, pushed through a raucous crowd of journalists to a van waiting to drive him to New Bilibid Prison in Muntinlupa for his milestone date. The undignified “execution fiesta” continued hours later in the official witness room, where media jostled for the best seats, and even to Echegaray’s last rest as reporters hounded the hearse and beyond. (Actual example: “I’m here at the funeral parlor and I’m holding Leo’s leg. It’s a bit warm and it looks like he is only sleeping.”)

Once the death chamber’s seal was cracked, it saw steady traffic: Six other people suffered execution in the Philippines during the ensuing 12 months. Then, as abruptly as capital punishment had returned to the Philippines, it blinked away.

Whether pricked by his conscience or by the political resistance of the Vatican, Estrada’s flamboyant resolve appeared to waver after Echegaray’s execution, even leading to one appalling occasion where he tried frantically to call in a last-second stay for another man but couldn’t get through until the execution was underway. Estrada finally suspended executions once again in March 2000 to honor the millenial Jubilee of Christ‘s birth. Estrada himself didn’t last much longer after that moratorium expired, and his successor President Gloria Arroyo also finalized no death sentences during her term — until in 2006 Arroyo signed repeal legislation and commuted all 1,230 existing death sentences.

* Ramos had formerly been a Philippines Constabulary officer, and in that capacity been personally present at the televised 1973 execution of heroin kingpin Lim Seng.

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1653: Jasper Hanebuth, robber and murderer

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On this date in 1653, the German bandit Jasper Hanebuth was broken on the wheel in Hanover.

An illiterate farmer’s son from Groß-Buchholz, Hanebuth came of age during the calamitous Thirty Years’ War and thereby made his bread for a time as one of the numberless strong arms enlisted to let out one another’s blood.

Hanebuth is the titular villain in the German historical fiction novel The Murderer’s Concubine.

In a time of crisscrossing armies with conflicting loyalties and uncertain pay, it was a fine line between soldiers and thieves — sometimes just the hour of the day. What matter to a rural family or a vulnerable traveler if the gang of armed men who dispossessed him did so under the banner of God or that of opportunism? And given means and opportunity, what matter to the armed gang itself? Victims in such a chaotic environment, either actual or potential, were liable in their own turn to resort to brigandage as the only viable option, paying the devastation forward.

“It defies the pen to recount all the miseries and horrors” from those years of pillage and rapine, wrote August Jugler in his history of Hanover.

True to the template, Hanebuth parlayed wartime soldiery into an alarmingly bold career of opportunistic robbery in the still-extant Eilenriede. A purported “Hanebuth’s Block” in the vicinity of the present-day zoo there long preserved the association; there’s still a street in the forest known as Hanebuthwinkel.

He was reputed an especially vicious outlaw, who would raid singly as well as jointly with other farmers and decommissioned warriors, and would as readily for sport or pleasure shoot a convenient target dead before bothering to approach and find out if the business end of the felony was even worth the murder. He ultimately confessed to 19 homicides.

But it was still the pecuniary motive that drove things. Hanebuth approached crime-lord status with secret smuggling tunnels allegedly set up to move his ill-gotten gains and regular traffic with Hanover merchants. Hanebuth also set up as a horse-trader, exploiting his predilection for violence to obtain stock by force. One trader who refused a shakedown simply had his horses outright stolen the next night, and this man at last reported Hanebuth, resulting in his arrest, torture, and execution on the wheel.

He remains one of Hanover’s most iconic historical criminals.


Jacques Collot’s 1633 cycle “The Miseries of War” might have foretold Hanebuth’s fate: here, a soldier of the Thirty Years’ War who has turned to robbery is punished, as Hanebuth would be, on the wheel. The caption explains:

The ever-watching eye of the divine Astrée [Justice]
Banishes entirely the mourning from the country
When holding the sword and scales in her hands
She judges and punishes the inhuman thief
Who awaits passersby, hurts them, and plays with them
[And] then becomes himself the plaything of a wheel.

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1989: Vladimir Lulek, the last Czech executed

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On this date in 1989, the then-united Czechoslovakia hanged Vladimir Lulek for slaughtering his wife and four children. (Czech link, as are the others in this post.)

Lulek, who died at Prague’s Pankrac Prison, has the distinction of being the last person executed in what now constitutes the present-day Czech Republic. (A Slovak man named Stefan Svitek was put to death later that same year in Bratislava; Svitek holds that same distinction for both present-day Slovakia and for the former Czechoslovakia as a whole.)

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1902: A day in the death penalty around the Pacific Northwest

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The U.S. states of Washington and Oregon both hanged murderers on this date in 1902.

Oregon

The death knell for local public(ish) hangings in Oregon took place this morning in the courthouse of Portland’s courthouse under the eyes of 400 invited witnesses and numerous additional gawkers who scaled telegraph poles or stationed themselves on nearby rooftops.

Jack Wade and William Dalton hanged together for murdering one James Morrow just three months for two bits. It was an uncomplicated crime: the villains stuck Morrow up as the latter returned one night from paying court to a young lady, then shot him when Morrow made a sudden move.

On hanging day, the pair addressed an ample breakfast of ham, chicken and eggs, knocked out some hymns and an impromptu rendition of “Where Is My Wandering Boy Tonight?”

… and then took a cavalier stroll to the gallows where Wade displeased right-thinking folk with his devil-may-care attitude towards his own execution. He tossed a cigar to the crowd, and played his fingers over the hemp as the rope was fastened, remarking with a wink, “it is tough.”

While the hanging itself went off without a hitch, the curious onlookers pushed through the rail meant to restrain them once the bodies were cut down and began scrabbling for bits of hemp. The sheriff finally had to clear the courtyard.

Even worse, “ten or 12 women witnessed the execution” from atop a building at Fifth and Main street, according to the Oregonian‘s report the next day. “It is doubtful if such a thing ever occurred before at a legal hanging in this country.”

The legislature some years previous had tried to get a handle on execution decorum by moving hangings off public squares and into jails, so this public(ish) execution wasn’t technically public at all. But as seen, these facilities with their barrier-toppling invited mobs and conspicuously feminized illicit peepers surrounding still affronted the alleged solemnity of the moment and led the legislature at its next sitting in 1903 to enact a statute requiring that “all executions should take place within the walls of the [state] penitentiary, out of the hearing and out of sight of all except officials.”

Wade and Dalton weren’t actually the last to hang publicly(ish) in Oregon, however. Since the law wasn’t retroactive, several additional executions occurred after the penitentiary-hanging law was enacted — the last as late as 1905. (See Necktie Parties: A History of Legal Executions in Oregon, 1851-1905).

Washington

Chinese immigrant Lum You was hanged at South Bend, Washington on January 31, 1902. He shot a man named Oscar Bloom during a drinking bout that turned into a drunken bout.

Lum You actually escaped his condemned cell on January 14 when his dinner was being fetched by the jailer and stayed on the lam for a couple of days, but was recaptured on January 17 by a posse. He allegedly begged them to shoot him dead right there, then changed his mind when some business-minded character actually produced a weapon. (Credit to the great Northwest for its highly accommodating vigilantes.)

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1820: Not Stephen Boorn, saved by newsprint

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January 28, 1820 was the scheduled hanging-date for Stephen Boorn in Vermont, who was spared by the stroke of luck in one of the Republic’s seminal wrongful conviction cases. For all its vintage, it has a disturbingly current feel.

Stephen Boorn and his brother Jesse were farmers in Manchester living with their possibly feebleminded brother-in-law Russell Colvin when Colvin suddenly vanished in May 1812. Vanishing unexplained for weeks on end was actually an established behavior for this peculiar gentleman, so it was only gradually that suspicion of foul play accumulated. There was some bad blood known to exist between Colvin and his brothers-in-law; they had even been seen in a violent quarrel just before Russell Colvin disappeared (pdf). There were whispers, but never any real evidence.

And so weeks stretched into months, and then to years. Many years. Was it possible two neighbors of the good people of Manchester, Vt., had gotten away with murder plain as day and gone about bringing in their crops just like nothing happened?

The break arrived in 1819 courtesy of the brothers’ aged uncle Amos Boorn. Amos reported that Russell Colvin had appeared to him in a dream and accused his former in-laws of murder. Now a dream couldn’t be read in evidence, but it proved sufficient to re-open a cold case and endow the investigation with official “tunnel vision” so familiar to the staging of a wrongful conviction.

The other classic trappings of that scene followed anon: shoddy evidence, a jailhouse snitch, and even a false confession.

Once under the pall of suspicion, random events around the Boorns began to seem sinister. The dream-Russell’s accusation led to a cellar-hole being excavated, which turned up some random junk (a penknife, a button); was it Colvin’s random junk? A barn on the Boorn farm burned down; had it been torched to conceal evidence? A boy found bones at a stump on the property; were they human remains? (They turned out to be animal remains.)

Stephen Boorn had moved to Denmark, New York, but Jesse Boorn was taken into custody for interrogation. There he was parked in a jail cell with a forger named Silas Merrill.

Lo and behold, Jesse Boorn immediately spewed to his bunkmate the awful secret of the murder. Yup, after keeping it quiet for seven years he detailed it all to Silas Merrill one “night, when he and Jesse had waked from their sleep, and without any previous persuasion or advice on the subject” and also just happened to tie in all that random sinister stuff from the investigation like the barn and the bonestump. Naturally, Merrill was released for relaying to his jailers this valuable and in no way impeachable information.

Now cornered, Jesse confessed to the murder. The causes of false confessions are complex, but the advent of DNA exonerations has underscored the alarming frequency of this phenomenon. A strictly rationalist explanation might postulate that Jesse thought he could avoid hanging by taking responsibility for a crime he was now certain to be convicted of, and framing it in the least culpable possible light; the murkier fathoms of human psychology might suggest a desire to please his captors or a conscience conforming itself to the conviction of his neighbors. Whatever the case, the confession got Stephen extradited from New York, and under interrogation Stephen too confessed. Stop confessing to things, people! (In fact, best say nothing at all.)

Despite retracting the confession, the brothers were convicted with ease in a trial held at the town’s church, the better to accommodate huge crowds that would have overflowed the courtroom. They were both slated to hang on January 28.*

While Jesse Boorn won a commutation his brother appeared doomed.

As an almost literal last gasp, Stephen took out newspaper advertisements searching for Russell Colvin. And they worked. At least, this is the version of the story as it is commonly recounted, dating I believe to this 1932 volume on wrongful convictions. The primary sources referenced there actually appear to me to indicate that the Boorn-saver, a New Jersey gentleman named Taber Chadwick, responded with a letter to the editor to a simple news report of the case, which report naively credited the dream-driven conviction as “divine providence”.


From the New York Evening Post, Nov. 26, 1819.

Luckily, Mr. Chadwick realized that he knew a Russell Colvin from Manchester whose mental state was thoroughly addled.


New York Evening Post, Dec. 10, 1819.

A fortnight after this letter hit the press, Colvin was back in Manchester … and this time, it was not in a dream.

Colvin confirmed that his brothers-in-law hadn’t hurt him at all and both Boorns — who, we remind you, had each previously confessed to killing a man who was now here in the flesh and blood to exonerate them — both these Boorns walked free.

Update: Embarrassingly not noticed by my own self in researching this post, a comment from the outstanding 19th century crime blog Murder By Gaslight flags the hypothesis that the entire exoneration was staged using an imposter to weasel the Boorns out of prison.

* According to this biography of the African-American divine Thomas Lemuel Haynes, Haynes was the Boorns’ confessor while they awaited execution, and one of the only people to believe the brothers’ protestations of innocence. Haynes was eventually moved to spend his own money on the famous advertisement hoping that “any person who can give information of the said Colvin may save the life of an innocent man.” If there’s one Vermonter who comes out of this astonishing story smelling like a rose, it’s Reverend Haynes.

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1868: Three Italian bandits

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On this date in 1868, a trio of notorious Italian brigands went under the French guillotine in Marseilles.

Joseph Coda-Zabetta, the leader, had escaped a hard labor sentence in Italy and fled to France where he founded a large band of robbers who terrorized France’s Mediterranean countryside from Nice to Marseilles for some months in 1867.

From raiding unoccupied country homes the gang soon progressed to bold invasions of occupied houses and waylaying travelers. “In one instance,” a press report of their trial reported,* “six of the band attacked a convoy of carriers, one of whom received a pistol-shot in the breast and a stab with a knife, from which injuries he afterwards died.”

Twelve of the band faced trial, and four of their number received death sentences. (Seven others had long prison sentences; a man named Muletto was acquitted.)

Coda, Antoine Quaranta, and Felix Mardi (Italian pdf) were all guillotined on this date in 1868. (They died, it was said, repentant (French).) The fourth condemned prisoner, Jacques Mulatere, had his death sentenced commuted to life at hard labor.

* London Times, Dec. 20, 1867

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1928: Ben “Two Gun” Fowler, cinema shooter

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

On this day in 1928, a lawman was electrocuted in Nashville, Tennessee for the drunken double murder he’d committed nearly a year earlier. He walked resolutely to the death chair and even helped the guards adjust the straps before they pulled the switch.

Deputy Sheriff Ben “Two Gun” Fowler possessed three main qualifications for Prohibition-era law enforcement:

  1. He was enormous in size.
  2. He had a menacing demeanor.
  3. He was a World War I veteran. (Although, it’s true, most of his service time had been spent in the hospital battling the Spanish Flu.)

His main duty seems to have been busting up whiskey distilleries; he claimed he had destroyed 200 of them during his three years of service in Scott County, Tennessee.

Not being a wasteful man, he consumed much of the confiscated booze himself. He was thus fortified with moonshine on the night of his crime: March 5, 1927.

The town of Robbins lacked a theater, so its residents regularly screened films in the school auditorium. A large crowd came to see a comedy that fateful March night, Fowler among them. He was armed with his usual two pistols, and also wearing a bullet-proof vest.

Supposedly, he planned to serve a civil warrant on someone whom he thought would also be attending the movie.

But shortly after the film began, Fowler became annoyed by some noisy children and ordered them to keep quiet or he would arrest them. This prompted laughter from others in the crowd, including Dr. Wylie W. Foust. Fowler ordered him to shut up and threatened to arrest him, and Foust replied calmly, “You won’t do that.”

Foust was right: Fowler didn’t do that. Instead he struck him in the face with one of his pistols then shot him two or three times in the head. The doctor fell dead on the spot. If this sounds familiar, it’s because armed moviegoers are still to this day known to demand polite moviegoers.

Dr. Foust’s adult son was sitting behind him, and he was also armed. He pulled out his own pistol and shot at his father’s killer, but the bullets were ineffective against Fowler’s bullet-proof vest.

Fowler returned fire. At least two bystanders were shot in the melee. One of them, 53-year-old John Wesley West, also a deputy sheriff, was fatally wounded and died at the hospital.

For some time after the shootings, the drunken deputy stalked the auditorium, brandishing his pistols. He kept all the filmgoers in a state of terror, and ordered the Widow Foust to stop crying. Finally more level-headed armed men arrived and Fowler was put under arrest.

Justice moved swiftly: the murders happened Saturday night, Fowler was indicted on Monday, his trial started on Thursday, and the jury got the case the following Monday. Fowler’s defense was intoxication: he claimed he was too sauced to know what he was doing, which reduced his crimes to second-degree murder, a non-capital offense.

Although most witnesses agreed “Two Gun” was under the influence at the time of his senseless outburst, they couldn’t agree just how drunk he was, and no one could testify as to how much alcohol he’d actually consumed prior to the shootings. The jury took only two minutes to convict.

It should be noted that this wasn’t Fowler’s only brush with the wrong side of the law, either: he and another deputy had previously been charged with killing two moonshiners, but both men were acquitted in that case.

Fowler, a Kentucky native, was the only Scott County residence to die in the electric chair in Nashville. He was 35 years old when he attained that distinction.

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