1964: James Coburn, George Wallace’s first death warrant

James Coburn was electrocuted on this date in 1964 in Alabama’s “Yellow Mama”.

He’d been condemned for a Dallas County robbery … and only for that. He has the distinction of being the very last human being executed in the United States for any non-homicide crime; at a stretch one could perhaps reckon him the most distant echo of the Anglosphere’s long-ago “Bloody Code” days, when the sturdy Tyburn tree strained with mere burglars and pickpockets.

Such draconian laws were not enforced in England any more, not for a very long time. (Great Britain abolished the death penalty for purely property crimes in the 1830s.) In fact, the last British executions for any kind of crime at all had occurred weeks before Yellow Mama destroyed James Coburn for robbery.

Presiding over this anachronistic penal event was a knight of the nascent American reaction: Alabama Governor George Wallace. He’d been sworn in just the previous year with the infamous vow, “segregation now, segregation tomorrow, segregation forever!”

Coburn’s was the first death warrant to bear Governor Wallace’s signature, but it’s a small surprise that it was the first of just four — considering that Wallace served 16 total years in three separate stints as a conservative executive in a southern state.

One reason was simply because, like his contemporary Ronald Reagan, Wallace’s political star reached its height during the the death penalty’s late sixties to early eighties lull.

But another is that, despite musing inclusively about “a lot of bad white folks and a lot of bad black folks who ought to be electrocuted,” Wallace nurtured gnawing doubts about capital punishment that seem to have grown throughout his strange career.

As a young law student, Wallace had assisted a capital defense for a man who had murdered his wife by dynamiting the house — the charge “blew her through the roof, and she fell down a mass of meat,” in Wallace’s words. The defense seemed hopeless, but Wallace conjured a strategy to keep this particular bad white folk out of the electric chair.

One morning before court opened, just as Beale and Wallace thought all was lost, a relative brought the defendant’s son to see his father. “He was about ten or eleven,” Wallace remembered, “but he looked younger than that. He was a sallow-looking boy, like he had hookworms, and he ran over to his daddy when he came into the courthouse and hugged him and kissed him.” Wallace, who witnessed the scene, told Beale they could use the boy to try to whip up some sympathy among the jurors. Beale agreed; the two took the boy into a room, and Wallace asked him if he understood what was going on. “Do you understand that people in that courtroom are asking that your daddy be electrocuted? That they want to do away with him? Do you understand that?” And Wallace said that every time he would mention it, the boy would break down and cry. So Wallace sat the boy right behind the defendant’s table. “Every time Attorney Beale was asking questions of a witness,” Wallace said, “I would lean over and whisper to this young boy, ‘Son, they’re trying to kill your daddy.’ He would immediately break down in sobs, and the judge would have to recess the court.”

After the testimony concluded, Beale addressed the jury on the circumstantial nature of the state’s evidence; then he asked Wallace to make a final statement for the defense. “I pinned it all on the boy,” Wallace recalled. “I put my arms around him and I said, ‘Now listen, this fellow here has nobody left in the world but his father. His father is no good, he’s no account — but his son still loves him; you saw that in the courtroom. So I am pleading with you for this boy. Save his daddy’s life so he’ll have somebody in the world who loves him, even though he’s in prison.'” The prosecutor had asked for the death penalty, Wallace told the jury. “He said, ‘If anybody deserves the electric chair, this man deserves it.’ If we were trying this man on whether he is a sorry, no-good individual, I would agree: he’s no good; he’s no account; he’s killed his wife for no good reason. But I ask you to let this man live so the son will still have a father.” Wallace then brought the boy to the jury box and said: “Gentlemen, think of this child when you are making that decision. He comes from a poor family. He has not had many good things in life. But he still loves his daddy, whether or not he has committed this horrible crime. I plead with you for this little boy.” After the judge’s charge, Wallace and Beale went to a cafe, but they had barely finished a cup of coffee when the bailiff rushed over and told them the jury was coming back in. “We find the defendant guilty,” the foreman said, “and we fix his punishment at life in prison.” Wallace was elated — so much so that he refused the hundred-dollar fee that Beale offered him. “I would have given you a hundred dollars for the experience this gave me,” he told Beale.

George Wallace: American Populist

Cynical, sure. (Even Wallace’s ultra-segregationist persona was cynical, adopted after he lost an earlier election as the moderate running against a Klan-endorsed opponent.) But whatever his other faults, he genuinely didn’t seem to delight in the executioner, and by the end of his life his acquaintance with this character had put him in fear for his soul.

Governor Wallace signed one other death warrant in 1965, and — after an interim of three presidential bids on the white ressentiment ticket plus a near-assassination that left him wheelchair-bound — found himself governor again in the 1980s. The first death cases under the “modern” Alabama law that Wallace himself had signed in 1975 were just then beginning to reach the end of the line.

And we find, via this post channeling Evan Mandery’s A Wild Justice: The Death and Resurrection of Capital Punishment in America, that Wallace was agonized before doing what he was always going to do.

George Wallace was beginning his final term as Alabama’s governor when he was asked to sign [John Louis] Evans’s death warrant. Wallace’s notoriety, of course, rests primarily on the day in 1963 that he stood in a doorway at the University of Alabama to keep black students out. But it is also worth noting that his 1968 third-party presidential campaign perfected the “tough-on-crime” sloganeering that would dominate much of American electoral politics into the 1990s.

Privately, George Wallace had long harbored doubts about capital punishment. In 1964, he told his law clerk that he thought it should be ruled unconstitutional. By 1983, Wallace had survived a shooting, converted to born-again Christianity, and recanted his segregationism. In Mandery’s words, his “reservations about the constitutionality of capital punishment had evolved into full-blown opposition.” The night before Evans was due to be executed, Wallace telephoned his lieutenant governor “in tears,” Mandery recounts. Wallace said that “he had been up all night ‘praying the Bible,’ and couldn’t bring himself to sign the warrant.” That lieutenant governor was the former law clerk, Bill Baxley,* with whom Wallace had shared his reservations 20 years before. Baxley was a liberal Democrat — as Alabama’s attorney general, he had earned the wrath of the Ku Klux Klan for his investigation and prosecution of civil rights cases — who supported the death penalty. He convinced George Wallace that there was no political choice but to sign the warrant … Evans was strapped into an electric chair and, after two botched jolts that left him burned but alive, was shocked to death on the state of Alabama’s third attempt.

* Baxley is famous for investigating a notorious 1963 church bombing, and relatedly for deploying Alabama state letterhead in one of its very best uses ever.

On this day..

1860: Samuel Brust

From the New York Times, September 7, 1860:

A Murderer Hung.;

HIS DYING SPEECH AND CONFESSION.

Some months since SAMUEL SIMON BRUST murdered WM. FREDERICK SCHMIDT, in St. Louis. BRUST fled to Cincinnati, but was soon after arrested there and taken back to St. Louis, where he was tried, convicted and sentenced. On Friday last he was hung in the yard of the St. Louis jail. On the scaffold, after offering a prayer, he made the following speech to the spectators:

BROTHERS AND SISTERS: This is my last minute I am here. In a very few minutes I am gone. I have completed my life.

I killed WM. FREDERICK SCHMIDT. I took the money from him. I confessed to my minister here from the very first day when I got my sentence. I was very sorry for it, because I have done such a big crime.

Now, our God he gave me punishment. He let me fall, drop down here far as to hell, and then afterwards he help me out again with His strength, with His grace. He help me up again so far I can stand up. I don’t care nothing about it. I don’t care anything about this, and I know, for I am sure and certain that God in Heaven is my Father. Jesus Christ, He gave me the grace, He gave me the law, and here I stand, knowing who I look to, and though I lose my life, I am very happy and very well satisfied with this. The only place where I found my help, that was the grace at the foot of Jesus Christ. That is the only place where any sinner, any big-crime sinner, can find help, as he suffered on the cross for all sinners in the whole world.

And I thank God for it, and I love him to the last minute for all what he has done on me. He gave me a sound body; he gave me a soul, and fetched me so far as here, but he never told me to do such a big crime as that. It was my own fault. It is nobody else have the badness to fetch a man so far as that; but if every man will look right what he is here if he have committed a big crime, and look right to Him, it is only the grace of God can fetch him so far as he find out himself his own heart. I confess myself as a big sinner, as a big crime committer. I have done it, and I am very well satisfied with this here. This here rope don’t fetch me to death. It kill my body, it take the life out of my body, but I know I got heaven for me. I know my Lord suffered for me on the cross, and I will get him for my help. I know I am a blind sinner. I found it very true, and what Jesus Christ has left in his words. That is the only place where a man can find out his sins.

It is very hard to die on this here rope, for a young man. But it is not hard for me, I know this rope will fetch me up to my home; I don’t take it for myself — this here rope, but it is the grace of God that helps me see this here.

I thank God for everything; I thank Him for the last minute I got a soul in my body. I wish every sinner to fall on the feet of Christ, and beg to Him for forgiveness; I wish everybody to go in himself and find Him out for help; that is the only help he can get. I had punishment harder than any man in this city, but I believe God told me in this kind of punishment here in this way. He knows how to get me out. I forgive everybody who have had anything to do with me, and I say to you, gentlemen, brothers and sisters, to-day the same. I wish now to speak a few words in German.

BRUST then delivered substantially the same speech as given above, in the German language, and during the entire delivery, his voice never faltered, neither did he exhibit any excitement or nervousness. When he had concluded he made another prayer, then stepped quickly upon the drop, adjusted the rope around his neck with his own hands, and put his arms behind him so that they might be tied together. The Sheriff touched the drop, and after a few struggles life was extinct.

On this day..

2000: Gary Lee Roll, pained

On this date in 2000, Missouri put Gary Lee Roll out of his suffering.

A war veteran with no criminal record prior to the triple homicide that landed him in these pages, Gary Lee Roll came from — and, according to his remorseful last statement, failed — a stable and secure family.

He could trace his own tragedy back in 1973 when a botched operation by a U.S. Army oral surgeon left him with a life-altering pain in his jaw that would never go away. It eventually pulled him into a spiral of self-medication..

“It hurts to talk about it,” Roll said of the continual debilitating pain that afflicted most of his adulthood. “It affected my life so much. It changed me.”

One night in August 1992 Roll, his pain abated but his mind clouded by pot, LSD, and alcohol, persuaded two buddies to join him on a spur-of-moment robbery of a drug dealer. Our man barged into the place posing as a cop, and then reflected that he was liable to be identified by his victims. Before the trio fled richer by $215 and 12 ounces of pot, they’d left Sherry Scheper bludgeoned to death, her son Curtis, 22, knifed to death, and her other son Randy, 17, shot to death. (Randy was the one in the drug trade.)

As ill-planned as this sounds, and was, the killers were not detected for weeks afterwards, when one of Roll’s accomplices grew nervous about his situation and secretly taped our man admitting to the murder. Those tapes found their way into the hands of police.

The pain-wracked Roll entered guilty pleas and though not technically a volunteer for his own execution also showed little zeal to oppose it. “If I thought there was something I could say, I would say anything. But I don’t think there is,” he reportedly mused. His accomplices both received life sentences.

On this day..

1830: Ebenezer Cox, gone postal gunsmith

Long before slavery abolitionist John Brown wrote its name into the firmament, Harpers Ferry* was a vital cog for the military of the young United States. Its armory, founded at George Washington‘s behest at the confluence of the Shenandoah and Potomac Rivers whose waters turned its machines, was the 1b supplier of small arms to American soldiery alongside a similar facility in Springfield, Mass.

But it was also a bit of a problem child from the start: the facility too small, the location too inaccessible,** the manufacturing process too inefficient.

Hoping to remedy at least the last of these, a fellow named Thomas Dunn was hired from the Antietam Iron Works in 1829 for a managerial task that was not calculated to please the Harpers Ferry armorers.

So detested were Dunn’s downsizing and production speedups that one armory hand name of Ebenezer Cox — having been laid off and subsequently balked of a re-hire on grounds of being a volatile drunk — simply walked into the boss’s office one day in January 1830 and gave him a taste of his own product.

Hopefully the irony wasn’t lost on anyone because the message for labor-management relations had the sharp report of a Model 1803: Cox “became a folk hero among the armorers; whenever future managers tried to impose factory discipline Cox’s name was always mentioned to the armory officials.” (Source)

Folk hero … and martyr. Cox naturally still had to pay the price for his early instance of going postal, and the Library of Congress helpfully preserves for ready access a Narrative of the life, trial, confession, sentence of death, and execution of Ebenezer W. Cox.

While we can scarcely evaluate Cox’s craft when it came to boring a muzzle, he was certainly not a man who wanted for an engineering cast of mind.

Preceding the fatal hour, strong suspenders were prepared, with hooks under or near the collar of his shirt or shroud, so contrived as to prevent suffocation, provided the rope could be securely placed within the crooks; and no doubt this plan would have succeeded, and the culprit been preserved alive, had the rope been deliberately fixed. But owing, probably, either to want of time, or through perturbation of mind, something was omitted, and only one of the hooks caught the fatal cord which twisted his neck awry; and although it did not prevent his finally suffocating, he apparently died with all the agonies of a lingering and protracted death.


“John Brown’s Fort”, the armory’s former guard and fire engine house. Though not yet extant at the time of Cox’s crime, it’s the best we’ll do since the rest of the original armory was destroyed during the Civil War and never rebuilt. (cc) image by Doug Kerr.

* Harpers Ferry was in Virginia at the time of these events; today, it’s in West Virginia.

** Connections via the Chesapeake and Ohio Canal and the Baltimore and Ohio Railroad would arrive in the 1830s.

On this day..

1945: Seven German POWs

On this date in 1945, the U.S. Army hanged seven German submariners for their “traitor slaying” of a Werner Dreschler at the Arizona POW camp they all inhabited.

Their victim Werner Drechsler had been captured when his U-Boat was sunk of the Azores. Having no great love for the Nazi government which had tossed his father in a concentration camp, Drechsler willingly went to work for the Americans as a mole in the POW camps, scavenging his captive countrymen for whatever particles of actionable intelligence they might be willing to blab to a fellow prisoner.

Parked in Fort Meade, Maryland, Dreschler’s war figured to be long over. However, a careless (or worse?) March 1944 transfer to a different POW camp at Papago Park, Arizona put the turncoat into a prisoner pool that included his former U-Boat mates, and these men knew that Dreschler was “a dog who had broken his oath.”

Mere hours after his arrival to Papago Park, a drumhead court had convened to “try” Drechsler in absentia and when his fellow Kriegsmariners doomed him a traitor, he was attacked, beaten senseless, and then hanged in a prison shower.

Helmut Carl Fischer, Fritz Franke, Gunther Kulsen, Heinrich Ludwig, Bernhard Reyak, Otto Stengel, and Rolf Wizuy, were sentenced on March 15, 1944 for carrying out this murder, and all owned the deed upon their honor as Germans and soldiers.*

Still, they outlived the war — cynically dangled, Richard Whittingham argues in Martial Justice: The Last Mass Execution in the United States, as bargaining chips to protect American POWs in Berlin’s hands, and then cynically released to the executioner when the Third Reich’s disappearance dissipated their value as prisoner swap currency. (Seven different German POWs had been executed earlier that same summer.) It was the least the U.S. military could do after having more or less tossed poor Drechsler into a pit of crocodiles.

“The trap was sprung on the first man at 12:10, and the last man went to his death at 2:48 a.m.,” read the bulletin in the Fort Leavenworth News, army paper at the Kansas penitentiary where our day’s principals paid their forfeit. (Via) “A new system for mass hangings has been devised at the institution which saved more than an hour in the procedure.”

But mass hangings too were going out of fashion faster than Hitlerism, and this great leap forward in the executioner’s efficiency has never since been required again at Fort Leavenworth.

* It wasn’t necessarily a given that duty to German martial orders would cut no ice with the western Allies.

On this day..

1811: Five at Shrewsbury, “but a ten minutes job”

(Thanks to Quaker humanitarian William Allen for the guest post, originally published in Allen’s early 19th century periodical The Philanthropist — a journal intended “to stimlate to virtue and active benevolence, by pointing out to those who have the disposition and the power the means of gratifying the best feelings of the heart.” We dated the quintuple hanging referred to via CapitalPunishmentUK.org. -ed.)

Remarks on a late Execution at Shrewsbury

As one object of THE PHILANTHROPIST is to diffuse knowledge respecting capital punishment, it may, perhaps, afford a place for the following particulars.

At the last Shrewsbury assizes, George Taylor, aged 43, William Turner, aged 53, Abraham Whitehouse, aged 23, James Baker, aged 19, and Isaac Hickman, aged 19, were, convicted of burglariously breaking into a dwelling-house, and stealing some bank notes and other articles of value. They were all left for death. The three first were considered as old offenders. The two others, however, were understood to have borne a good character; their parents were said to be respectable; the offence, as far as appeared, was the first they had committed; and they were only nineteen.

A general persuasion therefore prevailed, that these unfortunate youths would be permitted to live. Under this impression, it seems, some kind-hearted person, a stranger to them, climbed to the top of the wall overlooking the press yard behind the Shire-hall, where the prisoners were waiting on the day of their condemnation, and cried out, “You are all condemned, but only three of you will suffer.”

The poor young fellows eagerly embraced the assurance. They knew how often mercy was extended to persons under sentence of death, and could not suppose they should be selected as fit objects of peculiar severity.

While they were comforting themselves in confinement with the daily hope of a reprieve, the time appointed for the execution drew near. Two days before that time, one of them received a message from his mother, intended to console him under the expectation of a miserable death, that she would send to fetch away his body! Not till then, had they given themselves up for lost. But from that moment all hope was over. From that moment they had but two days — two days of consternation and despair, to fit themselves for death and eternity. Those two days, the shortest they had ever known, were but too soon gone. The morning of execution came. On that day, the five prisoners, even the two lads of nineteen, were all hanged! The two poor fellows who were executed together, immediately as the drop fell from under them, caught hold of each other’s hands, and expired in a mutual embrace! What a feeling has pervaded the county, among all who could feel, hardly need be described.

The extraordinary circumstance of five men being executed at once, for one offence, attracted vast multitudes of people, of the lower order, from all parts of the country. To see five of their fellow creatures hanged, was as good as a horse-race, a boxing-match, or a bull-baiting. If nothing was intended but to amuse the rabble, at a great loss of their time and a considerable expense, the design was undoubtedly effected. If a public entertainment was not the object, it may be asked, What benefit has a single individual derived from beholding the destruction of these miserable victims? Perhaps that question may be answered by stating, that many of the spectators immediately afterwards got intoxicated, and some cried out to their companions, with a significant gesture in allusion to the mode of punishment, “It is but a ten minutes job!” If such is the sentiment excited on the very spot, it cannot be supposed to be more salutary at a distance; and notwithstanding the sacrifice of these five men, the people of Shropshire must still fasten their doors.

But if, on the other hand, in time to come, a compassionate Shropshire jury should rather acquit some unhappy young culprit, when charged with a capital felony, and suffer hm to go unpunished, rather than consign him to the executioner, — if house-breakers should learn to think lightly of human life, and adopt the precaution of committing a murder the next time they commit a robbery, since the danger of detection would be less, and the punishment no greater, — what will the inhabitants of the county have to thank for it, but this very spectacle! — a spectacle which cannot soften one heart, but may harden many; which confounds moral distinctions, and draws away public indignation from the guilt of the offender, to turn it against the severity of the law.

On this day..

1828: Annice, a slave

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

On this date in 1828, a slave named Annice was executed on a public gallows in Liberty, Missouri. She was probably not the first female slave to face capital punishment in Missouri, a U.S. state since 1821, but she is the first one whose case can be adequately documented.

Annice had drowned five slave children in Clay County on some unspecified date in the summer of 1828; she was indicted on July 27. All six of them — Annice and five victims — were the property of Jeremiah Prior. Those victims were Ann, Phebe, and Nancy, whose age and parentage are not specified, plus Annice’s own children Billy, five, and Nelly, two. It was reported that she was discovered whilst attempting to drown yet another of her children.

According to the indictment, Annice “pushed the said [children] into a certain collection of water of the depth of five feet and there choaked, suffocated and drowned of which the said [children] instantly died.”

In her book Slavery and Crime in Missouri, 1773-1865, author Harriet C. Frazier writes of Annice’s case,

Because the records contain no statement from her, her motivation may only be surmised. Most likely, it was the same as Missouri’s many slave mothers … who either attempted or accomplished the murder of their offspring. Without “the curse of involuntary servitude” … almost certainly, Annice would never have systematically drowned one child after another, thereby depriving her owner of no fewer than five potentially valuable properties.

On this day..

1831: Edward Hogsden, rapist father

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

On this day in 1831, Edward Hogsden (some reports call him “Hodgson”) was executed for rape in Surrey, England.

He’d committed the crime on July 27, less than a month earlier; the victim was his own seventeen-year-old daughter, Harriet. The story is told in Martin Baggoley’s book Surrey Executions: A Complete List of those Hanged in the County during the Nineteenth Century.

Hogsden’s mother had died, and on the night before the attack that brought him to the gallows Hogsden kept a dolorous vigil at the cemetery to keep body-snatchers from violating her grave. Harriet’s mother, as per her usual routine, got up and left for work at 4:00 a.m.; both she and her husband were employed by a local farmer.

Two hours later, Harriet awoke as her father was returning home. At the time, she was lying in bed with her baby — “the offspring, as the girl swore, of a former forced connexion with her unnatural parent.” (The Newgate Calendar*) A few minutes after he arrived, Edward crawled into Harriet’s bed, demanding sex. She begged him to leave her alone and said she could not stand to bear another of his children.

But Edward was without mercy. He raped her, threatening to kill her if she made any noise, and as he left her to go to work he told her that as far as he was concerned both she and the baby could drown.

It was the last straw for Harriet: she had her sister summon their mother and finally confided in her about the abuse she’d been enduring for much of her life. Horrified, Harriet’s mother summoned the magistrate, who had Hogsden arrested.

“I admit I had connection with her,” Hogsden told the authorities, “but she was always agreeable.”

At his trial, Hogsden maintained that Harriet wasn’t his biological child; that their shocking relationship had always been consensual; and that, come on, who’d be in an incestuous mood after passing the whole night contemplating mom’s bones? He charged that his daughter was revenging herself after papa Hogsden caught her in bed with another man and threw him out of the house.

“Nevertheless,” notes Baggoley,

he acknowledged he had been having sex with her since she was nine years old. Clearly nobody believed his account, or that Harriet was not his natural daughter, or that she had willingly agreed to comply with his demands that day or in the past.

The Newgate Calendar concluded,

We shall abstain from adding any further account of the life of this diabolical ruffian, exhibiting as its circumstances do a degree of sinfulness and crime not exceeded by any of those bloodthirsty murderers whose offences it is our duty to describe.

Nothing further is known of the fate of Harriet Hogsden, or her baby.

* Displaying its customarily cavalier regard for detail, the Newgate Calendar pegs the hanging to August 21, which was a Sunday in 1831. The correct date is August 22.

On this day..

1962: LeRoy McGahuey, the last involuntary execution in Oregon

The U.S. state of Oregon has the death penalty on the books, but hasn’t employed it on a non-consenting prisoner since August 20, 1962.

That was the date that former logger LeRoy Sanford McGahuey, with a shrug of his broad shoulders and the sanguine parting observation “That’s it,” paid in the gas chamber for the 1961 hammer slayings of his girlfriend and her son.* (He’s also the last of seventeen people executed by lethal gas in Oregon history.)

The late Oregon political lion Mark Hatfield, who was governor at the time, permitted the execution to go ahead despite misgivings about capital punishment. It was the only time he would ever be called upon to shoulder that burden: Oregon repealed its capital statutes in 1964 during the nationwide death penalty drawdown; Hatfield had moved on to the U.S. Senate by the time voters reinstated capital punishment in 1978. In an interview almost 40 years after the fact, Hatfield said that being party to McGahuey’s death still troubled him.

As Governor of Oregon, how did you resolve your legal charge versus your moral feelings about the death penalty?

Having been governor when we had an execution, I can tell you it still haunts me. However, when you swear to uphold the constitution of the State of Oregon you swear to uphold all of the laws — not just the laws you agree with. I felt there were too many examples in our history when people tortured the law or played around with it.

So if you were governor today, would you have commuted that death sentence?

I don’t know. I would have to wrestle with that. We experienced the repeal of the death penalty when I was Governor. After the first execution, I had my press secretary have as many press people there to witness it as possible; reporting it in all its gory detail. By making it a broadly based experience for all people — by not having it at midnight — we were able to garner enough support to get it repealed. Even though there were executions scheduled to happen during the hiatus time between when the law was passed and the time it took effect, I immediately commuted all the sentences. I believe it was seven. [actually, it was three -ed.]

Oregon currently retains the death penalty but has had a moratorium on executions enforced by its governors since 2011. Its only “modern” (post-1976) executions were in 1996 and 1997, and both were inflicted on men who voluntarily abandoned their own appeals to speed their path to the executioner.

* Technically, McGahuey was executed for the murder of the child, 22-month old Rodney Holt: he’d slain the mother, 32-year-old Loris Mae Holt, in a fit of passion, but he followed up by bludgeoning the tot with premeditation out of (as he said) concern for the boy’s upbringing now that he’d been orphaned.

On this day..

1909: Richard Justin, child batterer

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

At eight in the morning on this date in 1909, Richard Justin was hanged at Crumlin Road Prison in Belfast, Ireland (now Northern Ireland) for the murder of his four-year-old daughter. Little Annie Thompson — she was born illegitimate, but her parents married a few months before her death — had died at their home at 84 Lepper Street in Belfast on March 12, supposedly from falling out of bed.

A myriad of witnesses, however, reported that Justin abused the child horribly. Her longtime nanny had noticed bruises, a swollen chin, a black eye and one tooth knocked out, but in February, before she could take any action, Annie was removed from her care. Others reported seeing marks and bruises on the child.

When concerned adults asked Annie how she had been hurt, she complained her father had hit and kicked her. People had also heard heartrending cries coming from 84 Lepper Street. One neighbor, for instance, testified she’d heard Annie’s mother wail, “Hit me, and let the child alone.”

The locals were reluctant to intervene in the family’s domestic problems, but after a Mrs. McWilliams saw that Annie’s “wee elbow” was swollen, her wrist was burned and “the skin was off her back,” she told Annie’s mother she was going to complain to the child abuse authorities. She decided not to, though, after Annie’s mother gave her word of honor that the abuse would stop.

It didn’t stop.

The very day of Annie Thompson’s demise, someone had written a letter to the Society for Prevention of Cruelty to Children, saying they’d been concerned about her for months and would someone please go to her house and check on her welfare? The anonymous writer added that he or she had meant “to drop you a note last week.”

Too little, too late.

From a forensic standpoint there was the autopsy, which revealed

a litany of injuries. These included some thirty bruises to the chest, arms, thighs and head, though most were several days old. Professor Symmers, who conducted the medical investigation, even went as far as to say they were the worst injuries to a child he had ever seen.

He actually compared her tortured remains to a case he’d seen where a man had been whipped 100 strokes with a cat o’ nine tails. The primary cause of death, however, was a brain hemorrhage

At Richard’s trial in July, ample evidence of child abuse was presented and the prosecution argued that Annie had died of injuries accumulated from the effects of months of beatings. The defense denied that the accused man had ever mistreated his daughter and argued that her death was an accident. Their star witness was Richard Justin’s oldest son, Richard Jr.

According to Richard Jr., he, his younger brother, and Annie were sharing a bed, the girl being closest to the wall. She woke up at 7:00 a.m. and started climbing over the boys to get out of bed, but tripped on the hem of her nightdress, fell off the bed and struck her head on the metal strut of her parents’ bed, an arms’ length away. Annie moaned and wouldn’t move after that. Richard Jr. picked her up and put her back in bed without waking their brother. Richard Sr. then found her lying dead two hours later.

When asked about this in court, Professor Symmers reluctantly allowed the boy’s story about Annie’s fall, if accurate, could explain the brain hemorrhage that had caused her death.

Nevertheless, the jury returned a guilty verdict.

“The defence,” writes Steven Moore in his book Hanged at Crumlin Road Gaol: The Story of Capital Punishment in Belfast,

with some justification, considered that Richard Justin hadn’t been given the benefit of what appeared to be reasonable doubt. There was a possibility, it was felt, the jury had believed him guilty of scheming to kill the child, and that the plot had not succeeded only because of an unfortunate accident. In other words, even if he hadn’t actually murdered Annie, there was no reason to consider him innocent when he had evil intent to the girl. A petition sent to the Lord Lieutenant asking for a reprieve was turned down.

A large crowd gathered outside the prison as Richard Justin was hanged, but there was nothing to see: his execution took place within the prison walls, and even the custom of raising the black flag at the moment of death had been abandoned. He reportedly “walked firmly to the scaffold and had shown great remorse for his crime.”

On this day..