Category Archives: Hanged

1944: Joseph Watson and Willie Wimberly Jr.

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

On this date in 1944, Private Joseph Watson and Technician Fifth Grade Willie Wimberly Jr. of the U.S. Army were executed for a brutal attack on two French civilians.

They broke into a farmhouse only a few hundred yards from their company bivouac area, shot the elderly farmer and his unmarried daughter, and raped the woman. Their crimes and deaths are described in French L. MacLean’s book The Fifth Field: The Story of the 96 American Soldiers Sentenced to Death and Executed in Europe and North Africa in World War II.

At 8:00 p.m. on the evening of August 8, 1944, Watson and Wimberly, both of them already drunk, arrived at the farmhouse and bartered for a liter of apple cider. They spoke no French but were able to get their point across. The farmer and his daughter were wary of the inebriated pair and, after they left, barricaded the door.

Five minutes later, the two soldiers returned and battered it down.

Wimberly hit the man on the head with his Tommy gun and Watson forced the woman into a chair. Then, just like that, they left again. The two victims went upstairs, barricaded themselves into another room and double-locked it.

A few hours later the two soldiers returned and fired at least twenty .45 submachine gun rounds through the upstairs door, wounding both of the French civilians.

The farmer staggered downstairs and went to get help, but his daughter’s tibia was fractured and she was unable to flee. She was raped in turn by each of the men while the other held her at gunpoint.

At trial she couldn’t identify either of her attackers. The farmer identified Wimberly out of a lineup of six black soldiers, but wasn’t sure about Watson.

Their identification wasn’t really needed, however. Watson was found passed out at the crime scene in the morning, still wearing his bloodstained pants, with the fly unzipped. Wimberly had left, but he left his helmet liner (marked with a unique serial number) on the steps of the farmhouse.

When questioned, Wimberly blamed the entire thing on Watson. Watson made several contradictory statements about the night of the crime before pulling the old amnesia gag. He admitted he’d gone to the farmhouse with Wimberly and added, “I must have gotten drunk because the next thing I knew I was in the yard with a Colonel, two Lieutenants and two MPs.”

Given the circumstances, there wasn’t much either man could say to show why he should not be convicted and executed.

Justice was quick: they were hanged less than three months after their crime. Wimberly went first and was pronounced dead at 10:29 p.m. Watson followed and was dead by 10:48. Eight days later, General George S. Patton had a letter sent to the rape victim, apologizing for what she’d been through and for the soldiers’ part in it.

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1765: Alexander Provan, half-handed

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A murderer named Alexander Provan was put to death on this date in 1765, the very rare* instance of a Scottish execution enhanced with mutilation.

Provan, who was uncovered as his wife’s murderer when he carelessly poured out her blood from a bottle thinking he was serving his friends an evening tipple, was doomed to have the right hand that authored the horrid deed struck off prior to hanging at Paisley.

But the unusual sentence implied an unpracticed executioner. Visibly nervous, the man missed his aim and instead of severing the evil limb at the wrist, he split Provan right through the palm.

At this the wretched prisoner began shrieking for the halter already fastened around his neck — “the tow, the tow, the tow!” The horrified executioner obliged with all speed, dragging the wailing uxoricide off his feet and past his mortal troubles.

* Unique?

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1863: James Murphy, after a reunion

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On November 6, 1863, Old Geelong Gaol (op. cit.) hosted the hanging of James Murphy.

This horse thief, having been put to some light piece of penal servitude cleaning up the Warrnambool courthouse, noticed his minder kneeling over the fireplace and bashed that constable’s head with a three-point mason’s hammer.

Murphy made good his escape … for two days. He paid for those meager hours of harrowed liberty with his neck: a remarkable occasion, for it was noted that

[t]he executioner was a man sent down from Melbourne for the purpose, and a rather affecting scene took place when he was first introduced to his victim. It appeared the condemned man and he had been intimate friends in Tasmania, and as soon as he recognised him the tears began to roll down at the idea of his having to carry out the grim sentence of the law upon his old mate. He soon recovered his composure, however, and got through the remainder of his thankless office creditably.

The death mask taken from Murphy is still exhibited, and a display at the Old Gaol purports to re-create Murphy’s hanging. (His was the first of only two executions to take place within the gaol’s walls.)

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1915: Louis Bundy, “I would like to have shown the world what I could do”

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Headline from the Nov. 5, 1915 San Jose Evening News: Two Young Men Are Hanged Today For Murder

One century ago today, California hanged two men at San Quentin: Earl Loomis, who murdered a Sacramento candy store proprietress in the course of a robbery, and Louis Bundy, who slew a Los Angeles messenger boy to steal a few dollars he could use to splurge on his girl.

Loomis, a hardened criminal, attracted the lesser notice; it was Bundy, who was an 18-year-old high schooler when he became a murderer, who drew a torrent of futile clemency appeals because of his youth and naivete. His crime dated to December of 1914, when he rang up the pharmacist and place a bogus order, along with a request to bring change for a $20 coin. The idea was to steal the change and buy his sweetheart a Christmas gift.

When the lackey turned up, it turned out to be a chum of Bundy’s, 15-year-old Harold Ziesche: Bundy bludgeoned him with a rock and an ax handle (sans ax) “because he knew me and would have squealed on me.”

As the San Jose Evening News reported in its hanging-day submission,* those appellants included former lieutenant governor A.J. Wallace among other political figures, numerous name-brand ministers (and even the strange Mormon boy-prophet Archie Inger), plus hundreds of Los Angeles schoolchildren.

All were bound for disappointment.

The Golden State was not averse per se to grants of mercy; a week prior to this date’s hanging, California’s pardons board spared three other condemned men, all murderers — and surely even in spurning Bundy in the same batch, the board’s action gave the young man’s supporters a thrill of hope for the intervention of Progressive Party governor (and death penalty skeptic) Hiram Johnson. Johnson had already reprieved Bundy in June, and then a second time in August.

He did not do it in November.

“I have done a great wrong and am sorry,” Bundy said on the scaffold. “I had hoped the law would see a way to let me have a chance, because I would like to have shown the world what I could do.” (Duluth (Minn.) News Tribune, Nov. 7, 1915.)

* Also the source of the headline image that surmounts this post.

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1949: Arthur Bruce Perkins, “I knew I could never face her again”

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Minutes after midnight on this date in 1949, Washington state hanged Arthur Bruce Perkins for stabbing and bludgeoning to death an Olympia couple during the course of a robbery two years prior.

An alcoholic delinquent from his teen years, Perkins moved to Olympia after being paroled from a stretch in the state reformatory on November 11, 1947. One of the victims living there, Geneva Jessup, “had practically been a foster mother to” Perkins, according to court records. “‘I called Mrs. Jessup Aunt Neenie.'”

Perkins and a friend were peacably repairing a broken-down vehicle near the Jessup home when Perkins got a phone call at that house. Precisely how events escalated so dramatically from this everyday neighborly scene into a bloodbath is not very well-developed, and Perkins did not seem inclined to elaborate on the point beyond what was necessary to expedite his conviction. (He had no last words on the gallows. “Some time perhaps, the truth of this whole affair will be known,” he had mused enigmatically in the hours before.) The best one can present by way of conflict is that Mrs. Jessup attempted to dissuade her “nephew” from an ill-considered marriage. The confession that he gave police suggests that a moment of heartbreak that became a mad and horrible crime.

[Mrs. Jessup] kept talking about [the woman Perkins intended to marry] and I slapped her first. I then realized what I had done and knew I could never face her again. The rock I used was in a flower pot or was used as a door jam. I remember the old man coming into the room and I knew right then I would have to kill him as he saw the whole thing. I think the knife was on the kitchen table or drain board. I don’t know how many times I stabbed them. I think I choked Mr. Jessup until he was unconcious and I think I hit him once or twice with my fist and then I remember stabbing him. She was standing up when I hit her and when it was all over I picked her up and put her on the davenport.

He fled towards Centralia, and was picked up within days. By then, he preferred to throw away his own life rather than confront in court the enormity of his deed. While driving Perkins to jail, the sheriff said,

he was in the back seat and he spoke up rather loud and asked me what my suggestion or what my advice would be to getting this thing over with as quick as possible, get it straightened around and he didn’t want to spend any long time in jail; said he wanted to be executed … I told him the best thing for him to do to simplify it would be to sign a confession, a short statement of the facts and then hire the poorest lawyer he could find.

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1854: William Lipsey and James Logan, in gold rush Coloma

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The gold rush boom town of Coloma, California hosted its first (legal) hanging on this date in 1854.

Coloma was the very site of Sutter’s Mill, where the accidental discovery of gold flakes launched California’s gold rush.

The ensuing swell of human avarice arriving from every corner of the globe all but overwhelmed the frontier territory’s capacity; nearby San Francisco, “transformed … into a bawdy, bustling bedlam of mud-holes and shanties,” was so disordered that its laws were enforced extrajudicially by a self-appointed Vigilance Committee.

Coloma itself, the literal first mining town of the gold rush, boomed as the county seat of the new-christened El Dorado County. According to Alton Pryor, Coloma had 300 buildings and a hotel under construction by the summer of 1848, six months after the gold strike. (Today, Coloma is a near ghost town.) And like everywhere else, it had a job to manage the mad new world of desperate fortune-hunters ready to murder one another for the dust in their pockets.

Coloma has the distinction of giving birth to California’s first sheriff’s department, in 1852.

It’s almost surprising in such an environment that the original gold rush hotbed didn’t have an execution until 1854 — but Coloma made up for lost time* on November 3, 1854, by hanging two men, twice over.

The milestone perpetrators were classic frontier rascals, straight from a spaghetti Western rogues’ gallery. William Lipsey, a 25-year-old gambler, had murdered a fellow cardsharp in a drunken brawl over a game. James Logan, a 47-year-old miner “silvered o’er with age”, was condemned for killing a fellow miner in a claim dispute — though all the way to the gallows, Logan insisted to the last, before the 6,000 or so souls assembled to watch him die, that he had killed only in self-defense, remarking that

[h]e stood before them a condemned man, the victim of false testimony. It was true that he had taken the life of a fellow creature, but he had committed the deed in self-defence. He went to the claim where the tragedy took place, not as has been said to kill Fennel, but because the claim was his own, and he went to get possession of it. His own rash threats had brought him to the scaffold. In answer to propositions to settle the difficulty by law or arbitration, he had rashly replied that there was a shorter and better way — but he did not mean it. He went to the claim to get possession of it, but did not snap or present his pistol — he merely showed it. It was merely a single-barreled pistol. Fennel went and got a revolver, and came back and presented it at him, cocked. Fennel was advancing upon him with a cocked revolver when he presented his singlebarreled pistol. Any other testimony than this was false. He only snapped his pistol a moment before Fennel did his. The man who swore that he snapped his first swore a lie. They both snapped together. He had warned Fennel not to advance. He got behind Swift, and if he (Swift) had stood his ground, nobody would have been killed, But Swift flinched, and stepped aside. He then had to be killed himself, kill Fennel, or run away. He fired, and Fennel fell. He repeated that it was false that he snapped his pistol first; it was that snap that had brought him to the gallows, and the testimony about it was false.

In view of the halter (to which he pointed his finger) and in presence of that God before whom he was so shortly to appear, he was now speaking the truth. He would never have been hung if he had not had a principle of courage in his composition that prevented him from running away.

Lipsey, who was unquestionably guilty, did not have the older man’s composure and had to be half-dragged to the scaffold where he was so unmanned that he could not muster any last remark — though he was heard to murmur before dropped, “I don’t think I’m a murderer at heart.”

As the Coloma sheriff had no experience with executions, both men fell through their nooses and landed on the ground still alive. Still cool under pressure, Logan raised his hood to look around, got up, and walked back up to the gallows platform unassisted — but as the lawmen adjusted the hemp for the do-over, he recollected the letter of the death warrant and asked to see a watch.

“Ah, you have twenty minutes yet,” he exclaimed with a laugh. “If it was two o’clock I would demand my liberty under the law.”

* Coloma had another double hanging in 1855: outlaw Mickey Free hanged alongside Kentucky-born schoolmaster Jerry Crane, who murdered a student with whom he had become infatuated.

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1833: Ira West Gardner, creepy stepfather

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On this date in 1833, Ira West Gardner [Gardiner] hanged in Warren, Ohio — the only person ever executed in Trumbull County.

Gardner reads like the kind of rotter to inspire a Lifetime TV obsessed-stalker thriller: in the tiny township of Gustavus, he married a widow named Anna Buel[l] with a teenage daughter. Even the trial records are delicate on what transpired between young Maria and her stepfather — “for some reason, not very satisfactorily shown in the proof, she, for a short time before her death, evinced a strong desire to leave your roof, under circumstances which induced her friends to believe she was in fear of you.” The girl “was seen running from home disordered” and took refuge with a nearby farmer named Mills, where she turned up “barefooted, and without a handkerchief to put on her neck.” This was just two or three days before her murder on August 8, 1832; if the reader is getting a distinct whiff of sexual assault, well, one neighbor “told Gardner, that Maria had said, he had had criminal intercourse with her in a manner that would send him to the penitentiary.” Gardner denied it, but his obsessive behavior tells a different tale.

For Mills, Gardner showed the reasonable neighbor, and tried to persuade his absconded stepdaughter to return — but also agreed she was of age to go her own way if she preferred.

But to others, he made less compromising and much more sinister intimations, like “Maria has got to go home and live contented or I will be the death of her — I will have my revenge.” That’s actually less a sinister intimation than a highly specific threat.

Dad was able to put off his menacing aspect as a temporary fury that had come and gone, and he eventually negotiated with Maria via another neighbor, Bidwell, to allow her to return for her clothes. As soon as she got there, with Bidwell right there in the house too, Gardner suddenly produced a butcher’s knife and stabbed the unhappy object of his obsession in her chest and stomach. Though he was instantly subdued by Bidwell, the deed was done: Maria expired in ten painful minutes while Gardner ranted demonically to the arriving neighbors.

“I told you you had outwitted me last night, but that I would match you yet,” he said to one who had tried to reason with him. “I have done it, and got my revenge.” The killer was fixated on the idea of townsfolk who had lately tried to smooth out the situation as adversaries to “outwit”; to another he taunted, “I have now outgeneraled you as I told you I would — I did the deed, and did it effectually.”

(It was later found that this Scipio had also readied a pitchfork and an axe should he have the opportunity to chase after her.)

Per the history of Trumbull County written by Republican activist and suffragist Harriet Taylor Upton, Gardner

was escorted to the place of hanging by a great procession and band … people who had children away at school brought them home to witness the execution. We now wonder how these parents reasoned, but one of the young men who was thus brought many miles remembers that his father said he might never have another chance to see another hanging, and he was right. The children of the sixties were not like those of thirties, for the former always shivered as they passed the corner of South and Chestnut streets on the way to the cemetery, and dare not look towards the tree from which Gardner is supposed to have swung. Whether the tree was still standing at that time is not certain. Possibly children are like men and horses, less afraid where many people are congregated.

Sheriff Mygatt said that he did not believe he was going to be able to discharge his duty in the case of Gardner, but that he did work himself up to the point. He took the prisoner in his own carriage, led by Warren’s first band, which played a dire. The military organization formed a hollow square around the scaffold. Elder Mack, a Methodist minister, walked with Mr. Mygatt and the prisoner to the scaffold. A hymn was sung, in which the prisoner joined, and he was then swung to a great overhanging limb where he breathed his last.

“The young, beautiful & innocent Frances Maria Buel who was butchered by her stepfather” still has a marker in the East Gustavus Cemetery. Gardner rests in an unmarked grave.

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1460: Tiburzio di Maso, Roman brigand

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The Roman outlaw-slash-rebel Tiburzio di Maso was executed on this date in 1460, with seven other members of his band.

Tiburzio’s father had been put to death seven years before for joining in the anti-papal intrigues of his kinsman (by marriage) Stefano Porcaro. Theirs was the old populist dream of Cola di Rienzi, to throw off the depraved overlordship of Rome’s patricians and resume the tribune of the people.

Their enemy in this endeavor, to speak a bit more specifically, must be the pope himself — for as Gibbon observed, “the policy of the Caesars has been repeated by the popes; and the bishop of Rome affected to maintain the form of a republic, while he reigned with the absolute powers of a temporal, as well as a spiritual, monarch.” It was this throne that had destroyed Tiburzio’s father, and upon which he proposed to revenge himself.

White breast, sweet tongue, kind eyes and ready wit! You marble limbs, full of vigour, when shall I see you again? When again shall I bite those coral lips, or feel again that tremulous tongue murmuring in my mouth, or ever handle those breasts.

Why, Achates, you have scarcely seen this woman. Where she is most feminine, there she is most lovely. I wish you could be me! Not the beautiful wife of Candaules, King of Lydia, was more beautiful than she. I cannot wonder that he wished to show his wife naked to his friend, to give him the greater pleasure. I would do the same myself. If it were possible, I’d show you Lucretia naked, for otherwise I cannot describe to you how beautiful she is, nor can you imagine how full and substantial was my pleasure. But rejoice with me, because my delight was greater than words can tell.

-[the man who would become] Pope Pius II, The Tale of Two Lovers

By the time the son Tiburzio came to avenge his father,* the pope in question was Pius II, once so much the gentleman-humanist that he is the only pontiff to byline an epistolary erotic novel. Come election to the seat of St. Peter, however, he had predictably discovered a newly illiberal affinity for the overweening prerogatives customarily asserted by his office

Among the lesser of these prerogatives was the option to make his residence in the less miasmatic confines of his native Siena, and his extended absence from Rome surely gave some air by which the brash youth could kindle a rebellion. Tiburzio attracted a gang who alternately caroused together and sallied together as highwaymen on the famously dangerous roads. “If in Porcaro the democratic movement had already generated to the level of Catiline, in Tiburzio and Valeriano, the heroes of 1460, it had sunk to that of mere brigandage,” wrote the German historian Ferdinand Gregorovius. (Via)

“Mere” brigandae posed a real danger to papacy’s safety, however, enough so that the governor’s running skirmishes with this most dangerous gang eventually required the returned of Pope Pius to steady the situation: a captured informant gave information that Tiburzio’s band was in league with Ghibelline nobles and had even arranged with the condottiero Jacopo Piccinino to throw open the city gates for his army.

But our man, well into the history-repeating-as-farce cycle, squandered his opportunity and his life by recklessly sallying into the city from refuge in nearby Palombara once one of his party was arrested. The Roman masses turned deaf ears on his calls to arms, and papal gendarmes captured Tiburzio and several misadventuring comrades. Without the inducements of torture, he too admitted the conspiracy with Piccinino — and the whole bunch hanged together on Capitoline Hill.

* Dad’s foe was Pope Nicholas V, who died in 1455.

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1863: William Griffith, for the Marais des Cygnes massacre

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One of the signal outrages of Bleeding Kansas was avenged with a hanging on this date in 1863.

“Bleeding Kansas” was the guerrilla war over slavery in the late 1850s that presaged the conflagration about to consume the Republic; here on the frontier, pro- and anti-slavery partisans traded atrocities in their respective campaigns to secure Kansas’s imminent entry to the Union as either a slave or a free state. The stakes, had America continued her antebellum course, were vital Congressional votes on which the continuance of the peculiar institution might one day hang.

The naked brutality of the conflict shocked its contemporaries; as one particularly notorious example, the sons of abolitionist crusader John Brown executed pro-slavery captives with broadswords.

The Marais des Cygnes massacre was one of the last major horrors of that conflict: a party of 30 or so pro-slavery men led by Charles Hamilton seized 11 Free-Staters. They were mostly people who knew Hamilton personally, and seem to have gone along without resistance not anticipating what he had in store for them.

But Hamilton had told his men that on this campaign, “we are coming up there to kill snakes, and will treat all we find there as snakes.” (Source)

Much to their chagrin, these “snakes” were driven into a narrow ravine and lined up before Hamilton’s men’s guns. The volleys they delivered before fleeing back over the porous border into equally restive Missouri “only” killed five of their hostages: the other six survived by playing dead.


(Via)

Five years later, one of those survivors, William Hairgrove, supplied the identification that damned William Griffith — whose claim that he only helped capture the Marais des Cygnes victims, and didn’t help shoot them was an especially lame offering at the height of the Civil War.

According to Legal Executions in Nebraska, Kansas and Oklahoma Including the Indian Territory: A Comprehensive History, Griffith paid the forfeit for his role in the massacre “in a wood west of [Mound City, Mo.] on the opposite bank of Little Sugar Creek” before a crowd of thousands. There,

[a] little after noon Griffith was conveyed to the wood where he stepped onto the wooden platform a few inches above the ground. His wrists, knees and ankles were bound and the noose was adjusted. The black cap was pulled over his face at 1:07 p.m., and in but a moment William Hairgrove, one of the survivors of the massacre, cut the restraining rope with a hatchet; the four hundred pound weight dropped, jerking Griffith upward. The body rebounded and hung motionless while the attending physicians monitored his vital signs, and in twenty-five minutes they pronounced him dead.

Today, the site of the massacre is a U.S. National Historic Landmark. Quaker abolitionist poet John Greenleaf Whittier also memorialized the blood that was shed there in a poem titled “Le Marais du Cygne”:

A blush as of roses
Where rose never grew!
Great drops on the bunch-grass,
But not of the dew!
A taint in the sweet air
For wild bees to shun!
A stain that shall never
Bleach out in the sun!

Back, steed of the prairies!
Sweet song-bird, fly back!
Wheel hither, bald vulture!
Gray wolf, call thy pack!
The foul human vultures
Have feasted and fled;
The wolves of the Border
Have crept from the dead.

From the hearths of their cabins,
The fields of their corn,
Unwarned and unweaponed,
The victims were torn,—
By the whirlwind of murder
Swooped up and swept on
To the low, reedy fen-lands,
The Marsh of the Swan.

With a vain plea for mercy
No stout knee was crooked;
In the mouths of the rifles
Right manly they looked.
How paled the May sunshine,
O Marais du Cygne!
On death for the strong life,
On red grass for green!

In the homes of their rearing,
Yet warm with their lives,
Ye wait the dead only,
Poor children and wives!
Put out the red forge-fire,
The smith shall not come;
Unyoke the brown oxen,
The ploughman lies dumb.

Wind slow from the Swan’s Marsh,
O dreary death-train,
With pressed lips as bloodless
As lips of the slain!
Kiss down the young eyelids,
Smooth down the gray hairs;
Let tears quench the curses
That burn through your prayers.

Strong man of the prairies,
Mourn bitter and wild!
Wail, desolate woman!
Weep, fatherless child!
But the grain of God springs up
From ashes beneath,
And the crown of his harvest
Is life out of death.

Not in vain on the dial
The shade moves along,
To point the great contrasts
Of right and of wrong:
Free homes and free altars,
Free prairie and flood,—
The reeds of the Swan’s Marsh,
Whose bloom is of blood!

On the lintels of Kansas
That blood shall not dry;
Henceforth the Bad Angel
Shall harmless go by;
Henceforth to the sunset,
Unchecked on her way,
Shall Liberty follow
The march of the day.

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1859: Thomas Ferguson, but not on a Sunday

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The first judicial execution of a white man* in the history of the Utah Territory took place on this date in 1859.

One Thomas Ferguson earned the distinction by getting roaring drunk and shooting dead the shopkeeper who employed and boarded him. Allegedly, Alexander Carpenter’s provocation had been to accuse Ferguson of being party to the unknown burglars who had lately raided his Salt Lake City shop, which obviously got way under Ferguson’s skin.

This was frontier America, being newly-settled by Brigham Young‘s upstart Latter-Day Saints sect, though not only by them. The capital’s population was perhaps 14,000 — the kind of place where dubious refugees could wash up from parts unknown, trusting their fortunes to their native wit and Colt’s Manufacturing Company.

“Crime has run riot in this city since the assassination of McNeill and Sergeant Pike” a hostile, non-Mormon correspondent wrote to the San Francisco Bulletin (letter dated Oct. 5, 1859, and published Oct. 27).

Till lately, no one has been arrested. Ferguson, a “Gentile,” murdered Carpenter, a Mormon, and for such an outrage “this people” will permit the sentence of death to be carried into effect; but the murderers of McNeill, of Pike, of Drown, of Arnold — the first two “Gentiles,” the last “apostates” — run at large to hold the community in terror and carry out other sentences.* An apostate committed suicide a few nights since by shooting himself twice in the back of the head!

Carpenter murdered his partner named Turner near Fort Laramie, Nebraska, brought their goods to this city, where, he said, (and convinced his associates,) he was tried and acquitted. Tried and acquitted in Utah for murder in Nebraska!

Both men were New Yorkers — and per a less strident observer writing to the New York Herald (datelined Oct. 7; published Nov. 7) neither of the two was Mormon. They had been allured to the West by the usual siren songs: wealth, fortune, fame. As young men do, these may have pictured themselves forever getting the drop on their enemies and never the other way around … and always with a dashing jailbreak at the ready if it came to that.

Unfortunately for Ferguson, he wasn’t the only Old West stock character in this tableau; a hanging-judge of dubious character named Charles Sinclair officiated the trial, so deep into his cups that he initially set Ferguson’s execution date for a Sunday. (It was changed to a Friday.) Ferguson himself gave the judge a right scorching from his scaffold rostrum on his way off this mortal coil:

I was tried by the statutes of Utah Territory, which give a man the privilege of being shot, beheaded or hanged. But was it given to me? No, it was not. All Judge Sinclair wanted was to sentence some one to be hanged, then he was willing to leave the Territory; and he had too much whiskey in his head to know the day he sentenced me to be executed on, and would not have known, if it had not been for the people of Utah laughing at him … A nice Judge to send to any country! (Source)

* The Espy file credits earlier executions of Native Americans, two Goshutes named Longhair and Antelope who hanged for slaying two whites during settler bush wars. (I would not venture to assert the judicial propriety, even by antebellum standards, of these proceedings.) And of course, Ferguson’s distinction excludes extrajudicial killings like the Mountain Meadows Massacre.

** The unpunished killings the correspondent names in this piece took place in the immediate aftermath of the 1857-1858 war between Mormon settlers in Utah and the federal government asserting its jurisdiction — a period when Brigham Young’s martial law had just been rescinded. Utah Gentiles inclined to read these incidents as emblematic of a lawless atmosphere in which reluctance to prosecute gave Mormons virtual impunity in their conduct towards the rest of the population.

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