I know the vicinity of our old Dutch settlements to have been very subject to marvelous events and appearances. Indeed, I have heard many stranger stories than this …
Willis, Frederick, and Burton van Wormer — stock, as their name suggests, of vintage Dutch family whose more reputable products ca be found on various Empire State placenames — were doomed for the Christmas Eve, 1901 murder of their uncle.
The family tree’s branching over generations had put family enmities between relatives; in this case, working stiff John van Wormer’s home in Columbia County, N.Y. was mortgaged to his brother-in-law (and the eventual murder victim), richie-rich Peter Hallenbeck. After John passed away, Peter lowered the boom and foreclosed on the widow, booting John’s sons out of the house.
The boys got even with an unsubtle gangland masked home raid, riddling their Uncle Scrooge with bullets.
(Signs of the times: the murder happened mere weeks after William McKinley‘s assassination, and testimony had one of the boys bragging with reference to the fatal gut-shot wound inflicted on the late president. “I made a Czolgosz shot. I shot him in the stomach.”)
Though these three attracted national public sympathy — someone even telegrammed a bogus reprieve signed, “The President of the United States” in a vain stab at delay — their case was pretty open-and-shut.
Since they were doing death as a brother act, it was only fair that they sort out precedence within the family: the condemned themselves decided the order of their execution, with Willis first, Frederick second, and Burton third. The whole thing took 15 minutes.
But leave it to the youngest child to stick out from the crowd. Frederick, the baby of the family, actually managed to survive the electric chair, sort of. Not walk clean away from it like Willie Francis would do, but impolitely revive when he was supposed to be laid out dead like folkused to do back in the bad old hanging days.
The executions went off without a hitch and the brothers were pronounced dead. Later, after they’d been laid out in the autopsy room, a guard saw one of them out in the autopsy room, a guard saw one of them, Frederick Van Wormer, move a hand. Then an eye flickered. The prison doctor was immediately summoned. Putting a stethoscope to the “dead” man’s heart, he discovered it was still beating. Frederick’s heart (it was determined later) was bigger than that of anyone executed up to that date, so two charges of full current had failed to kill him. The convict was carried back to the chair and kept in it until he was dead beyond the shadow of a doubt. [he died without actually being re-executed -ed.]
In part because of accidents like these during the early decades of the electric chair, numbers of people weren’t convinced it was as deadly as it was supposed to be. (Source)
They’re not kidding about that brain bit, either.
A fellow by the name of Edward Anthony Spitzka autopsied the van Wormers, “direct[ing] my attention especially to the brains. The opportunity afforded by this triple execution was certainly most rare, and a similar case will not soon occur again,” and found Frederick with a robust 1.6 kg brain, compared to less than 1.4 kg for his siblings. Now that JSTOR has opened its oldest journal content, you can read all about Spitzka’s meddlings in the van Wormer grey matter here.
On this date in 1915, a quintet of African Americans died in South Carolina’s electric chair during a 70-minute span.
Joe Malloy was put to death for killing two white men four years before; the other four executed on this date were convicted together of murdering 73-year-old Confederate veteran John Q. Lewis. They were John Crosby, Nelse Brice, and — our principal concern today — Thomas and Meeks Griffin.
In this case, and even though public opinion was predictably inflamed at the aged veteran, the Griffins weren’t lynched: indeed, prominent white people in the community, such as the mayor and the sheriff, rose to the Griffins’ defense to the extent of signing a petition for executive clemency. They didn’t believe then that the thief whose accusation condemned the brothers was credible.
More than likely they suspected Lewis’s 22-year-old black mistress, Anna Davis, and/or her husband — and undoubtedly, they would have known exactly why this scandalous angle was not pursued in court.
Still, South Carolina’s governor reckoned that they’d had their day in court, the victims deserved closure, and whatever other equivalents of the familiar modern-day rationales one might care to name.
Almost surely, this distant injustice would be lost to time were it not for the Griffins’ famous great-nephew, the radio host Tom Joyner.
Joyner only recently discovered (via Henry Louis Gates Jr.‘s research for a PBS documentary*) his kinship with these executed men; his grandmother had moved away to Florida to bury the family tragedy.
But the broadcaster exhumed it with gusto, and, two years ago, was able to secure a posthumous pardon from South Carolina based on the weakness of the original case. It’s thought to be the first official posthumous pardon the state has granted to any executed persons.
But we do want to extend the Palmetto State the credit due to all its sons whose signatures graced the disregarded clemency petition way back when. More than that: The State editorialized, confusedly but forcefully, against the manifest racial discrepancies in capital sentencing on the occasion of this quintuple-execution. (Oct. 1, 1915) These questions, ever present, are more sincerely grappled with in this column than we can manage today.
* You can watch the big reveal when a flabbergasted Joyner first hears about his ancestors: it’s quite a moment.
Twenty years ago today, Warren McCleskey died in Georgia’s electric chair for the murder of a police officer.
Yet the “question reverberates: Did Warren McCleskey deserve the chair? For the question to outlive him is a damning commentary on capital punishment in the United States.”
The most reverberating commentary on this case was the 1987 Supreme Court decision McCleskey v. Kemp — a landmark 5-4 ruling that still shapes the way judges handle purported racial discrimination in the criminal justice system.
McCleskey (the decision, not the man) “marked the end of an era in death penalty jurisprudence … reject[ing] the last major challenge to the death penalty in America” from the generation of legal tinkering reaching back to the 1960s.
McCleskey v. Kemp was decided on April 22, 1987, at which time just 70 humans had been executed since the “modern” era of capital punishment began in the 1970s. (Today, the count is well beyond 1,200.)
The victims attributed to those 70 were 83% white (77 of 93),* even though blacks and whites are murder victims in roughly equal numbers — suggesting on its face that white victims are treated as disproportionately “valuable” by prosecutors, juries, and/or judges. This was, prospectively, the case with Warren McCleskey himself, an African American who in the course of an armed robbery had gunned down (or maybe not: see below) a white off-duty policeman.
McCleskey’s appellate team marshaled a statistical study by Iowa Prof. David Baldus indicating that black murderers (to a small extent) and killers of white victims (to a greater extent) were indeed more likely to receive a death sentence in Georgia, even when controlling for dozens of other variables. “According to this model,” wrote Justice Lewis Powell for the majority, “black defendants, such as McCleskey, who kill white victims have the greatest likelihood of receiving the death penalty.”
Though it accepted evidence of a discriminatory pattern,** the high court nevertheless ruled that McCleskey was not entitled to appellate relief unless he could demonstrate that that it was at work in his specific case.
And with some reason: the import of granting constitutional relief to a claim of “endemic racism in the system” would open a Pandora’s box of appeals from America’s burgeoning carceral state.
McCleskey’s claim, taken to its logical conclusion, throws into serious question the principles that underlie our entire criminal justice system … if we accepted McCleskey’s claim that racial bias has impermissibly tainted the capital sentencing decision, we could soon be faced with similar claims as to other types of penalty.
This reasoning too backtracked from equal protection concerns that had helped lead a similarly bare 5-4 majority to strike down then-existing capital statutes 15 years before in an appeal originating from the same state — Furman v. Georgia. That old regime had then been replaced with a death penalty system supposedly capable of minimizing arbitrariness. McCleskey served notice that justices wouldn’t be going out of their way to hunt arbitrariness any time soon.
The Court’s remaining liberal lions — it still had such a thing in 1987 — dissented furiously from McCleskey. William Brennan replied to the majority:
Warren McCleskey’s evidence confronts us with the subtle and persistent influence of the past. His message is a disturbing one to a society that has formally repudiated racism, and a frustrating one to a Nation accustomed to regarding its destiny as the product of its own will. Nonetheless, we ignore him at our peril, for we remain imprisoned by the past as long as we deny its influence in the present.
He also found “fear that recognition of McCleskey’s claim would open the door to widespread challenges … seems to suggest a fear of too much justice.”
Brennan was on the losing side of this judgment in a larger historical sense as well — at least, the brief span of history to unfold since Warren McCleskey sat in the electric chair.
McCleskey author Lewis Powell retired a few weeks after issuing it, and not long thereafter expressed regret for the McCleskey decision.‡ Relentless death penalty foes Brennan and Thurgood Marshall would hang up the spurs within a few years. (The circus Senate hearing to place Clarence Thomas in Thurgood Marshall’s seat was ongoing when Warren McCleskey finally died.)
But the deciding vote in McCleskey was cast by freshman Reagan-appointed justice Antonin Scalia, and he’s still going strong.
Scalia was then the Court’s emerging conservative paladin, though he was so new to the Court that McCleskey’s litigators hoped he might be amenable to their suit as a swing vote. Far from it: after Thurgood Marshall’s death in the early 1990s, his donated papers were found to contain a Scalia memo that rubbished the McCleskey majority’s mere consideration of the Baldus study.
I disagree with the argument that the inferences that can be drawn from the Baldus study are weakened by the fact that each jury and each trial is unique, or by the large number of variables at issue. And I do not share the view, implicit in [Powell’s draft opinion], that an effect of racial factors upon sentencing, if it could be shown by sufficiently strong statistical evidence, would require reversal.
Since it is my view that the unconscious operation of irrational sympathies and antipathies, including racial, upon jury decisions and (hence) prosecutorial [ones], is real, acknowledged by the [cases] of this court and ineradicable, I cannot honestly say that all I need is more proof.
Shorter Scalia: racism happens, so what?§ (Ultimately, Scalia opted not to file a separate opinion explicitly making this case; he just signed on to the majority opinion.)
As one might imagine, death penalty jurisprudence at One First Street NE in these latter days has become correspondingly rougher — and the problems raised by McCleskey have scarcely abated.
Although the McCleskey case is what our day’s principal is best known for, he was also caught up in one of the more everyday — but not the less disreputable — toils of the system: the phony jailhouse informant. Very late in the appeals process, McCleskey’s lawyers were finally able to show that the fellow-prisoner who testified that McCleskey admitted the shooting to him was in fact a police plant operating on a quid pro quo to reduce his own sentence. (It’s amazing how often defendants spontaneously confess to these guys; the Troy Davis case which climaxed last week also featured a jailhouse snitch.) Somehow, prosecutors forgot all along to mention that arrangement even when directly asked.
The Supremes ruled, Kafkaesquely, that this issue was procedurally out of order because McCleskey hadn’t raised it earlier, neatly ignoring that the reason he hadn’t raised it was that prosecutors were actively concealing the fact. That’s the subject of the other SCOTUS case under our man’s name, McCleskey v. Zant.
(At issue was whether McCleskey was himself the triggerman. Since he was part of the robbery gang, he was legally on the hook for capital murder whether or not he personally fired the shot; but, his death sentence turned in reality on the jury’s belief that McCleskey was the individual killer — a detail supplied by the suspect police informant. None of McCleskey’s confederates faced execution.)
The final drama this date was a “chaotic” mess of last-minute legal maneuverings, with McCleskey strapped into the chair at one point, then interrupted from his last statement to be returned to his cell, then finally hauled back to the lethal device after an early-morning telephone poll of Supreme Court justices.
* Execution demographic counts via the Death Penalty Information Center’s executions database.
** While the McCleskey court accepted Prof. Baldus’s statistical interpretations even while rejecting their constitutional import, a vigorous pro-death penalty case is made here against the reading that the modern American death penalty is racially discriminatory to any great extent.
† This Latin phrase — fiat justitia ruat caelum — is actually engraved above the sitting justices at the Georgia Supreme Court.
‡ The regret was about more than Warren McCleskey; Powell’s biographer described a complete change of heart in the June 23, 1994 New York Times:
when the retired Justice Powell said he had changed his mind about the McCleskey case, I thought he meant that he would now accept the [Baldus] statistical argument.
“No,” he replied, “I would vote the other way in any capital case … I have come to think that capital punishment should be abolished.” …
Justice Powell’s experience taught him that the death penalty cannot be decently administered. As actually enforced, capital punishment brings the law itself into disrepute.
§ See Dennis Dorin, “Far Right of the Mainstream: Racism, Rights, and Remedies from the Perspective of Justice Antonin Scalia’s McCleskey Memorandum,” Mercer Law Review, 1994.
On this date in 1912, a prolific Springfield thief died in the electric chair.
No, not Snake.
This fellow was Bertram G. Spencer, whose Boston Brahmin name belied a deceptively modest station.
A brakeman by day, Spencer lived a double life as Massacusetts’ boldest burglar in the evenings, when he would raid homes around Springfield at times when he was likely to be caught. (Hey, he did have a day job.) He frequently was intercepted, but for two years nobody ever got the drop on him and the numerous conversations he had with his victims were not enough to crack the case.
This villain comes up short of positively Moriartyesque by virtue of his amateurish chops in acquisition; one of the mystery burglar’s noted characteristics was the frequency with which he passed over the most valuable booty in the house in favor of some inconsequential bauble.
With his penchant for brandishing a weapon at the folks he bumped into, it was only a matter of time before somebody died for one of those inconsequential baubles. On March 31, 1910, schoolteacher Martha A. Blackstone became that somebody when in a panicking reaction to Spencer’s home invasion she failed to pipe down and let him rob — and he shot her dead.
Forensics then languishing in a primitive state, Spencer kept getting away with his larcenous (and then murderous) spree with little more than the expedient of wearing a kerchief and hat to hide his face. How were they ever going to find the guy — unless he did something ridiculous like drop a monogrammed locket on the scene?
Period postcard shows images connected to the Spencer crimes centered around the “B.G.S.” locket he dropped at one site, leading to his detection. Just to really make sure he hung himself, the locket contained pictures of his mother and sister.
Upon arrest, police tossed his home and discovered (quoth the New York Times) “black masks, slouch hats,” and “a big revolver, fully loaded” under his pillow. No word on whether he was twirling his mustache, too.
Where the relieved well-to-do of Springfield perhaps saw only a somewhat preposterous villain — inspired, according to the Springfield Republican, by “a daredevil bravado, a love of the spectacular and a lack of pecuniary calculation which strongly suggested either the monomania of an unbalanced mind or a romantic vanity fed on by penny dreadfuls” — other practitioners in the emerging field of psychiatry saw a systemic breakdown.
Indeed, Spencer became the topic of an open tug-of-war over handling defendants with putative mental disorders in the criminal justice system. The district attorney at the time had Spencer committed without trial, and his doing so — rather than contesting Spencer’s sanity in court — contributed to his loss at the polls in 1910. (The new guy, in his remarks on the case, reclassified Spencer from “insane” to the more prosecutable “moral imbecile.”)
If the public was certain enough about Bertram Spencer’s sanity to elect a guy just to try him, it will come as no surprise that the testimony about Spencer’s abusive childhood and manic-depression cut no ice with a jury of his peers.
While our burglar went to his juridical death (last words: “good night”), a Massachusetts psychologist named Lloyd Vernon Briggs took up the man (alongside more luminous criminals like presidential assassin Leon Czolgosz) as one of his case studies for a 1914 book, The Manner of Man That Kills. A lengthy pdf of the Spencer material — it’s all public domain — is available here.
Briggs viewed mentally disordered prisoners as people who were ill-served by the criminal justice system: more than that, as instances where a society failed itself by failing to recognize potentially criminal mental illness before it metastasized into actual crime, and the adversarial judiciary as a factor in that dysfunction.
Dr. L. Vernon Briggs … made it his goal to end the courtroom spectacle of dueling psychiatrists. …
Briggs was an indefatigable advocate of the psychological links between mental illness and murder. He believed that mental illness and moral degradation were the root causes of crime and violence. … Briggs insisted that the “real offender is society and not the children in the form of men, not the mentally diseased” who commit violent crime.
…
When mentally ill people landed in court, Briggs believed that the law’s adversary procedures undermined scientific truth and the legal protection provided a defendant. He wanted to bridge the gulf between law and psychiatry by intervening in the process before a mentally ill defendant appeared in court. He was especially critical of the “spectacle in our courts of two or more physicians pitted against one another, testifying to diametrically opposite opinions as to the mental condition and responsibility” of the defendant. Such a procedure, he said, not only humiliates the mentally ill defendant but increases the likelihood that a mentally ill capital defendant will be sentenced to death and executed … Briggs lobbied the public and the legislature for a law that required all capital defendants to undergo a psychiatric examination by neutral experts as son as they were taken into police custody.
…
Briggs was appalled [at Spencer’s case]. He contended that all of the psychiatrists who examined Spencer knew he was insane at the time of the murder and at the trial. Some thought he was medically insane but not legally insane. Briggs denounced the distinction between medical insanity and legal insanity as without a difference. The awful result of the confusion between psychiatry and the law was the unnecessary execution of an insane person. “The whole legal machinery of the State,” he wrote angrily, “had been put in motin to crush this defective and uphold the Majesty ofthe Law and so it came about that Bertram G. Spencer, a defective from birth, with the mind of a child, was tried for his life and sentenced to death and executed with a smile upon his lips.”
On this date in 1941, the U.S. state of Louisiana joined the 20th century (or at least the late 19th) with its first electrocution.
Louisiana’s electric chair did debut very late in the game. The great surge of adoption for this uniquely American way of death was the 1910s and 1920s. Louisiana was the last state to begin electrocuting prisoners save one — West Virginia.
But in 1940, the state legislature had finally joined the trend sweeping the South and voted for voltage.
Eugene Johnson, the next to die, has no purchase on death penalty annals but his accidental milestone as the first to die seated: a black man condemned for killing a white farmer is just about your standard-issue condemned man in the interwar South. (The more things change …)
Johnson’s death this date would inaugurate the nickel-and-dime execution solution that Baton Rouge came up with to keep its various parishes right in the thick of the retribution business: the portable electric chair soon christened Gruesome Gertie, which trucked around to the local jails and courthouses meting out motorized justice.
This particular chair, though a latecomer and a modest overall contributor by the standards of Louisiana’s neighbors, would make itself the subject of highest jurisprudence a few years later by not merely botching but failing the execution of one Willie Francis — and then again in the 1980s as the subject of another man’s near-miss legal challenge to the constitutionality of electrocution.
Having always found five friends on the high court, the illustrious furniture retired in 1991 with 87 souls to its electrodes (including that of Willie Francis the second time around: he lost his appeal). Gertie lives on adorning the set of the Angola Prison Museum — and the Academy Award-winning film Monster’s Ball.
Birkes was unquestionably part of the three-man team that had knocked over the Ketchum Bank the summer prior, laying poor Frank Pitts, Sr. in his grave. The robber’s potential “innocence” turned on the question of which miscreant actually put him there.
This “non-triggerman” stuff is not necessarily legally or morally compelling in the best of circumstances, but right or wrong it was dispositive in this case: his accomplices both drew life terms.
This generic Prohibition-era bandit was so perfectly a creature of his time that his dear mum Eliza trekked over from Siloam Springs, Ark. to make a tearful eleventh-hour clemency plea, maternally (and mistakenly) certain that “the governor will surely spare my boy’s life.”
That executive’s thoughts ran to different plans.
Alarmed at the rash of bank jobs by brazen outlaws like Birkes who could strike and then escape over county lines in their period Studebakers, twirling their villainous mustaches, said unmerciful Gov. Martin E. Trapp the next year created a statewide law enforcement agency, the Oklahoma State Bureau of Invesigation.
This bureau’s effective intervention in the Sooner gangland scene (bank robberies fell … ) heralded a long and fruitful life that still continues to this day. They’re the people you’re gonna call when some local police pathologist gets caught systematically cooking forensic results to order for the state’s prosecutors.
Puking her guts out, little Shirley was raced to the hospital where Earle Dennison had her day job as a nurse. But while the child lay dying, the aunt slipped away so that she could make a payment on a $5,500 life insurance policy she had taken out on the kid — a policy that would have expired the very next day.
This whole affair could hardly fail to cast an incriminating light on the death two years prior of Shirley’s older sister … whose body, upon exhumation, also showed traces of arsenic.
Dennison was indicted but never tried for that previous possible murder; Shirley Weldon’s case would more than suffice to secure the landmark visit to Yellow Mama. The main question was really whether Dennison had been, juridically speaking, plum off her rocker.
Not far enough off it to help her.
Shirley’s parents subsequently won a $75,000 judgment against the insurance company for issuing the policy to an in-law with no insurable interest in the young victim, thereby “plac[ing] the insured child in a zone of danger, with unreasonable harm to her and … the defendants in issuing the alleged illegal contracts.”
But that was a different era. As of today, vast tranches of collateralized policies among suspicious parties with no insurable interest, issued by bankers as rich as Croesus and implicitly guaranteed too big to fail, might well constitute a forward-thinking investment opportunity for troubled economic times.
* There had been only one woman of any racial category electrocuted in Alabama full stop, according to the Espy file of historical U.S. executions: African-American Silena Gilmore in 1930. Prior to that, Alabama had not executed a woman at all since the Civil War.
On this date in 1915, New York City cop and New York City mafioso Charles Becker was electrocuted at Sing Sing for engineering a hit on bookie Herman Rosenthal.
This case of police corruption and gangland gunplay owned the Big Apple’s headlines in the early nineteen-teens — it even gets a callout in The Great Gatsby. Whether it was rightly decided has been hotly contested ever since.
Sing Sing had already prepared for Becker’s death.
Invitations had been despatched in the middle of July to those chosen to witness the execution. There were three dozen in total, and they went to doctors and to a sanitary engineer, to representatives of the press, and to the operators of several wire services. One, scarcely surprisingly, was sent to Swope of the World, but the reporter — to his undoubted chagrin — was recuperating from a bout of rheumatic fever and his doctor had forbidden him to attend. Swope despatched another World reporter in his stead; the man arrived at Ossining bearing a large sheaf of handwritten instructions setting out in considerable detail exactly how the story should be covered. Preparations were also made to cater for the needs of the large body of newsmen expected to descend on Sing Sing without the benefit of invitations. Linemen spent several days installing additional telegraph wires and Morse code senders in a shack opposite the death–house.
Inside the condemned cells, white curtains were fitted across the bars of all the cells that Becker would have to pass on his way to the execution chamber, so that the other inmates would not be able to see him as he walked by. In the execution chamber, guards tested each piece of equipment. The lieutenant’s electrocution was scheduled to be the first at which a new system of signals would be used, as the New York Times reported:
Instead of the old method, by which the executioner signalled with his arm to the man in charge at the power plant, there is a little electric button behind the chair, and above it is tacked a placard bearing the following gruesomely suggestive instructions: “Five bells, get ready; one bell, turn on the current; two bells, turn on more current; three bells, turn on less current; one bell, shut off current; six bells, all through.”
New York’s newspapers remained predominantly hostile to the condemned man. The Times spoke for most of the Manhattan press when it observed that Becker’s death sentence was a punishment not just for Herman’ s death, but for the arrogance Rosenthal’s killer had displayed during his strong–arm days: ‘He paid for the times when “Big Tim” called him “Charlie”. He paid for his one–time power, that almost of a dictator, over the underworld of New York. And he paid for his pride in all this.’ Several dailies had issued their reporters with instructions to study Becker carefully for signs of weakness or incipient collapse; in the end, opinion seemed evenly divided between those who thought that the policeman continued to display an ‘iron nerve in the face of doom’ and those who discerned the onset of a nervous breakdown.
The lawyers were more generous. [Williiam] Bourke Cockran paid tribute to his client’s astounding self–control: ‘His hand is just as cool and his voice as steady as can be.’ John McIntyre said that he had never previously doubted the verdict of a jury in a murder trial. ‘But in this case I say that if Becker is executed tomorrow I will carry to my grave the conviction that at least one innocent man has suffered the death penalty.’ And Joseph Shay, another of the lieutenant’s old attorneys, released a statement of his own: ‘I believe that Becker is dying a martyr, and that his innocence will be established in time, perhaps by the deathbed confession of Vallon or Webber. Rose is too low to confess even on his deathbed.’
Becker himself was woken early on his last morning. At 8am his prison clothes were exchanged for special black cotton shirt and trousers, made without metal buttons or wire stitching; he was given black felt slippers instead of shoes. A guard shaved a spot on his temple, ready for the electrode. Another appeared carrying a pair of shears and neatly slit Becker’s trouser leg almost to the knee. When the time came this would allow the death–house guards to affix a second wire to the condemned man’s calf.
The next portion of the day was passed in writing: a love letter for his wife, a final statement for the press. At two in the afternoon the policeman saw his relatives for the last time. His brothers John, the detective, and Jackson, now a Wall Street broker, found him sitting in his cell, gazing at a small photograph of Helen that he kept on the wall. The meeting was so difficult that the two men were relieved when one of the other prisoners along death row broke the awkward silence by singing ‘Rock of Ages’. Becker joined in with the chorus.
Helen Becker reached Sing Sing, pale and breathless from her journey, soon after 11pm. Her husband had been waiting for her with increasing anxiety for most of the evening. Becker was so popular in the death–house that he had received special permission to spend more than an hour and a half with his wife in the warden’s room. The guards, who had been given strict instructions to keep their eyes on the prisoner at all times, turned their backs as the couple embraced for the final time. ‘No condemned man at the prison had ever had such sympathetic treatment,’ observed the World.
Helen left the prison at 1.30 in the morning, and Becker was returned to his cell. ‘I am tired of the world and its injustice to me,’ he told Father Curry, the New York priest. ‘My happy life has been ruined; I have not been given a chance a mere dog would get.’ Warden Osborne, coming to say good-bye at 2.30am, found his prisoner awake and sitting on the edge of his cot, ‘his chin sunk in his hands’. At four, Father Cashin heard Becker’ s last confession, which contained no admission of guilt and ended with the firm assertion: ‘I am sacrificed for my friends.’
The execution was set for 5.45am. Outside the walls, a double line of guards poked long sticks through the fence that marked the limit of the prison grounds to keep back the crowds assembling there. Inside, the executioner – a small, sharp-faced, balding electrician dressed in a baggy grey sack suit, a striped shirt, polka–dot tie and pointed patent leather shoes – checked his equipment for the final time.
Becker was the one hundred and sixteenth prisoner to die at Sing Sing since electrocution was first used to execute a man in August 1890. The victim on that occasion had been an axe-murderer named William Kemmler, who was accidentally subjected to ‘a far more powerful current than was necessary’ and died ‘in convulsive agony’, flames jetting from the base of his spine and purplish foam spewing from his lips. The technique for electrocuting a man had been refined somewhat since then, but it was still common for the death-house to fill with the odour of burning flesh and scorched hair as the moistened electrical conductors placed against the condemned man’s skin dried out. A lengthy electric shock could ‘turn blood into charcoal and boil a brain’. When a prisoner was ready to enter the chamber, he was issued with thick muslin underwear, and little wads of cotton would be forced into his ears and nostrils to prevent scalding brain fluids spurting forth uncontrollably when the current was applied.
Thomas Mott Osborne, who had vowed never to be present when a man in his charge was being executed, walked away from the death–house at 5am, leaving Deputy Warden Johnson to bring the policeman from his cell. Becker, who was still awake when Johnson came for him, went quietly to his death. A dozen steps took him from his cot to the door leading to the execution chamber. At 5.42 the witnesses clustering inside saw a narrow red door swing open, and the condemned man entered the room. He walked with a strange, hobbled gait, his knees locking involuntarily. His face was a mask. The chair, surprisingly insubstantial, stood on a thick rubber mat almost in the centre of the room. There was no glass and no partition to separate Becker from the witnesses who had come to watch him die, the nearest of whom sat only 10 feet away. The electric chair itself, the man from the American observed, ‘had had a double coat of varnish and its metal fixtures had been burnished for the occasion.’ Straps dangled loosely from its arms and legs, and a heavily–insulated wire hung from a goose-necked fixture above it. The policeman’s guards, anxious to spare the condemned man the agony of a lengthy wait, hurried so much with the buckles that they neglected to secure one of the restraints that stretched over his chest. Becker’s last words, uttered as another leather strap was fastened across his mouth, were a recitation of the Catholic litany: ‘Into Thy hands, O Lord, I commend my spirit.’
Five bells rang, then one. The executioner took his hands out of his pockets and threw a long wooden lever on the wall. The raucous drone of electricity filled the room, a green flash shot from the equipment and Becker’s muscular body lurched forward against the straps, his head twisting sideways and upwards as though attempting to escape the shock.
Charley Becker was the largest man ever brought into the execution chamber at Sing Sing, and it may be for this reason that his electrocution was horribly botched. Too little current was applied at first, so that the death agonies became protracted. The temperature within the dying man’ s body rose to 140 F, the loose strap across his chest burst open, flames were seen to spurt from his temple, and despite the administration of 1,850 volts for a full 60 seconds, Charles Farr, the death–house doctor, found Becker’s heart ‘not only still beating, but pounding strongly.’ In the end it took nine minutes and three separate jolts to kill the prisoner, though the representative of the World observed that ‘to those who sat in the grey-walled room and listened to the rasping sound of the wooden switch lever being thrown backward and forward, and watched the greenish-blue blaze at the victim’s head and feet and the grayish smoke curling away from the scorched flesh, it seemed an hour.’ The whole affair was described in later years as ‘the clumsiest execution in the history of Sing Sing.’
As the reporters gathered to witness the execution filed out of the chamber, they were handed copies of Becker’s final letters. The first was addressed to Governor Whitman:
You have proved yourself able to destroy my life. But mark well, Sir, these words of mine. When your power passes, the truth about Rosenthal’s murder will become known. Not all the judges in this State, nor in this country, can destroy permanently the character of an innocent man.
The second letter was a final testament. Becker had spent much of the night memorising it, in the hope of being allowed to deliver it himself, but the guards had not permitted this.
‘I stand before you,’ this statement began,
in my full senses knowing that no power on earth can save me from the grave that is to receive me, and in the presence of my God and your God I proclaim my absolute innocence of the crime for which I must die. You are now about to witness my destruction by the State … And on the brink of my grave, I declare to the world that I am proud to have been the husband of the purest, noblest woman that ever lived, Helen Becker. This acknowledgement is the only legacy I can leave her. I bid you all goodbye. Father, I am ready to go.
CHARLES BECKER
When most of the reporters had left, Becker’s corpse was removed to the autopsy room for the usual examination, arms dangling, head hanging back, legs swinging. Dr Farr stripped the black cotton shirt from the lieutenant’s hulking body, and was startled to discover that it concealed the little photo of Helen that Becker had kept on the wall of his cell. The dead man had pinned it to his undershirt, with the face turned inward, over his heart.
After its famously inauspicious debut the previous summer, this date in 1891 marked the second, third, fourth and fifth uses of New York’s pioneering electric chair.
Having grotesquely botched its maiden execution of William Kemmler, there was a considerable sentiment to retire the electric chair immediately.
The second round of “electrocutions” — 19th century papers still put this then-neologism in quotes — were closely watched as an acidelectric test of the chair’s staying-power. If these men burned to death, slowly and horribly, as Kemmler had, that might have been it. And had New York reverted to hanging or moved on to lethal injection,* the chair’s subsequent adoption by other states and its journey into the iconic popular culture would likely have been aborted.
But, they fixed up the chair, tested it on some more large animals, and moved the electrode combination from head+spine to head+leg … and voila!
There was nothing about the executions of the horrible nature that shocked the country when Kemmler was made the first victim of the law. If the testimony of a score of witnesses is to be believed, the executions demonstrated the use of electricity for public executions to be practical whether or not it is humane. While the Kemmler butchery, with all its terrible details cannot be forgotten, against that one awful failure the advocates of the law now point with unconcealed pride to four “successes.”
“Unconcealed” pride would be an interesting choice for these advocates, since these prophets of brave new death technology had themselves feared a calamitous failure of their apparatus as much as anybody — well, as much as anybody except the condemned.
Consequently,
every witness of the execution was made to pledge himself in writing never to reveal any detail of it unless requested to do so by the authorities. No newspaper representative was admitted. As THE TIMES has repeatedly stated, it was the intention of the advocates of the law to keep the public from knowing anything about these executions … Therefore, Gov. Hill** and his henchman, Warden Brown, made up their minds that these experiments with the law should not go before the public as anything else than successes, and they packed the jury accordingly with picked men.
The Times dilates considerably in this vein; ever the helpful courtier, it is concerned principally that the state’s orchestrated public relations campaign would have had more credibility had the successful executions been witnessed by third parties who have newspapers to sell. You know?
But … if only the state’s handpicked friendly witnesses were allowed to see what went down, do we actually know that it wasn’t another dog’s breakfast? The July 8, 1891 London Times — for the executions had a global audience — cobbled together a less reassuring wire report.
There are, however, many conflicting statements current as to what actually occurred, and it is extremely difficult to discriminate as to which are true and which are false … Dr. Daniels, one of the witnesses of the executions this morning, said, in an interview this afternoon, that he might tell a great deal about the affair if he were not bound to silence. He added that the Kemmler scene was practically repeated in each case, there having been two shocks given to each of the condemned men. The truth, Dr. Daniels said, would make a thrilling story.
Wait, what!?
If Dr. Daniels actually said anything like that, someone got this electric chair proponent rewrite (pdf) pretty quickly.
I was misquoted. I simply said that if I were at liberty to give a detailed account of the scenes in the death chamber the public would no doubt be interested in knowing that the executions had been a pronounced success.
You could totally see how the guy would say “pronounced success”, and this British rag would hear, “the Kemmler scene was practically repeated in each case.” Separated by a common language and all that.
For the record, the chair salvaged itself upon these unfortunates:
James Slocum (a former minor league baseball player†), for murdering his wife
Levy Smiler, for murdering his mistress
Joseph Wood, for murdering a fellow-laborer
Shibuya Jugiro, a Japanese seaman, for murdering one of his comrades
History has all but forgotten them … save that their deaths were officially ruled a great technological triumph, sufficient to rescue “the chair” from abortive 19th century penal cul-de-sac and set it on its way to becoming a pop culture icon.
* The modern-seeming method of lethal injection was actually one of the options vetted to replace the rope in the 1880s.
** Hill at this time was flirting with a presidential run, which ultimately didn’t happen: he won a Senate seat instead.
A quarter-century ago this date, a “scared” mentally disabled prisoner named Jerome Bowden was electrocuted in Georgia for a crime many think he did not commit.
Bowden drew a death sentence for a robbery-murder on the strength of two very suspect pieces of evidence:
the accusation of a juvenile co-defendant who might well have been the real murderer; and
a signed confession Bowden could barely understand
While present-day DNA exonerations are fortunately forcing reconsideration of the ubiquitous problem of false confessions, Bowden’s was understandably doubted even before his execution.
Asked to explain his signature on a document obviously beyond his capacity to compose himself, he gave a confused answer that seemed to indicate he’d been led to sign it by a suggestion that it would keep him out of the electric chair.
“Detective Myles had told me this here … Had told me about could help me, that he could, you know, which I knew that confessing to something you didn’t take part in was-if you confess to something that you didn’t do, as if you did it, because you are saying that you did.”
Bowden’s assent to this fatal “admission” sadly evokes the characteristic eagerness to please one often encounters in the developmentally disabled — sometimes, as with Joe Arridy, to their own destruction.
It’s noticeable, too, in Bowden’s incongruously ingratiating last statements, recordings of which were taken and subsequently leaked publicly. This and others are available at SoundPortraits.org.*
Bowden had been evaluated with an I.Q. of 59 at the age of 14, the examiner reporting him “functioning at the lower limits of mild retardation. He has little or no insight into his situation … He is easily distracted and has a tendency to act on impulse regardless of the consequences.”
And even though the authorities hustled through a test the day before his execution that reckoned Bowden with an I.Q. of 65 — still solidly below the conventional threshold for mental disability, but good enough for the Georgia Board of Pardons and Paroles — the whole affair shook the state. It “unsettled more than a few persons in government and law enforcement,” the Atlanta Constitution later editorialized.
Its [the state’s] reasoning was grievously faulty. Whether Bowden understood his fate or not, whether he knew right from wrong — he was indisputably handicapped …
Most states have progressed beyond the dated right-wrong standard in weighing such cases … and ask: Could the defendant help himself? There is compelling evidence that Bowden could not …
brute whimsy was given full sway. For the state of Georgia, it was a willful lapse of decency.
–Atlanta Constitution, July 1, 1986 editorial**
This lapse of decency rippled over the months ahead until Georgia in 1988 became the first state to enact a law barring the execution of the mentally disabled.
While that decision was reversed in 2002, the putative ban on executing the mentally disabled in the United States remains very far from a bright line. It’s up to the states themselves to decide who falls under that definition,† and at least some have given ample indication that they’re prepared to exploit any expediency necessary to get a fellow onto death row, or keep him there. Earlier this very week, Texas (of course) put to death a man of dubious competence, Milton Mathis, essentially by cherry-picking its data and having federal appellate review barred on a technicality.
A quarter-century on, those ripples started by Jerome Bowden still have a way to go.
** Both Constitution quotes, and the childhood IQ examiner quote, as cited in Robert Perske’s Unequal Justice?.
† As an irony of its early adoption, Georgia later found itself with an unusually stingy legal standard for protecting disabled defendants from the death penalty.
Willis, Frederick, and Burton van Wormer — stock, as their name suggests, of vintage Dutch family whose more reputable products ca be found on various Empire State placenames — were doomed for the Christmas Eve, 1901 murder of their uncle.
This fellow was Bertram G. Spencer, whose Boston Brahmin name belied a deceptively modest station.
This case of police corruption and gangland gunplay owned the Big Apple’s headlines in the early nineteen-teens — it even gets a callout in The Great Gatsby. Whether it was rightly decided has been hotly contested ever since.
Bowden drew a death sentence for a robbery-murder on the strength of two 