1952: Wallace Ford, horrible in-law

Wallace P. Ford, Jr., a former Buffalo steelworker, was electrocuted by New York on this date in 1952.

His crime, “a senseless, meaningless affair, without motive or purpose,”* in the words of his own court-appointed attorney, was the sad culmination of family woes.

The man had been left by his wife, Frances, who returned to her mother’s house with the couple’s infant daughter in tow. Not long after, in June of 1951, Ford accosted Frances’s kid sister, Nancy, age 15, when the latter was picking up some groceries.

Nancy told him to get lost or something — Ford would later say that it was the girl’s insisting that their family would keep his little son that made him snap — and the extranged brother-in-law bashed her with a rock. Here the horror really begins. Blood racing, Ford must have careened from panic to despair to resolution as he contemplated the crumpled but still-living girl, his already-poor judgment scrambled by stress. The assailant packed Nancy Bridges’s stunned and bloodied form into his vehicle and sped out of Buffalo looking for some way to dispose of his mistake. In that moment, for a disordered mind, that meant to finish her off.

Ford said he thought about drowning the girl in Lake Erie, or pitching her off an elevated railroad. Every possible means would carry its own special horror, to be sure, but Ford settled on a truly vile expedient: he dumped her in a deserted stretch of rural Townline Road and pitilessly drove over her limp form … then popped into reverse and backed over her, too, crushing her chest and driving rib splinters into her liver and lungs.

Nancy Ford’s mangled body was discovered in the adjacent woods by a teenage hunter the next afternoon. Wallace Ford must have been the first name on the lips of the family when investigators asked if they had any enemies, and he didn’t bother to evade responsibility when the police came for him. But he would have served himself better and the Fords too had he reached his epiphany of resignation a little earlier in this process.

* New York Times, Aug. 26, 1952.

On this day..

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..

1966: James French, fried

On this date in 1966, James French went to the Oklahoma electric chair, clinching his spot in perpetuity on last-words listicles by cracking to the press pool, “Hey, fellas. How about this for a headline for tomorrow’s paper? French Fries!”*

French had enjoyed five years to work out this chill fare-thee-well since the calculated murder of his cellmate in 1961, back when he, French, was already serving time for murder.

It’s alleged that French committed this ruthless deed in pursuit of the mercy seat, as a form of suicide by executioner; whether this is or isn’t so he had certainly embraced the consequence by the time he presented himself to the judiciary.

“He deserved to die,” the expansive French once informed an interviewer. “And now because of what I did, I deserve to die, too. I don’t want to die. Who does? But the rules are clear: to take a life is to forfeit your own.”

It’s just that his letters imploring speedy implementation of justice could not override procedural errors in his first trial (they biased the jury by presenting French in manacles) nor his second trial (bad jury instruction by the judge) until the third time charmed in 1965.

The man could have lived a long life punning on his surname — perhaps he would have insisted on going by James Freedom as a post-9/11 America blundered into Iraq? — had he chosen to fight his death sentence, for even then the law’s French frying apparatus was grinding to a halt. Just two more executions — Aaron Mitchell and Luis Monge, both in 1967 — would take place in all the land before capital punishment went into a decade-long hiberation during which all previously existing death sentences were invalidated. French’s was the last death by electric chair until John Spenkelink in 1979 and the last ever electrocution in Oklahoma (which has used lethal injection in the modern, post-1972 era).

* His actual, and better, last words in the death chamber were by way of declining to make a final statement: “Everything’s already been said.”

On this day..

1942: Six German saboteurs

Seventy-five years ago today, six German saboteurs were electrocuted in a Washington, D.C. jail … a failed World War II operation that bequeathed its target nation a controversial legal landmark.

On June 13 of 1942 — just eight weeks before they faced the electric chair — Herbert Hans Haupt, Heinrich Heinck, Edward Kerling, Herman Neubauer, Richard Quirin and Werner Thiel, all of them German nationals who had returned to the Fatherland after previous emigration to the U.S., were dropped by U-Boats along with two other men, Ernest Peter Burger and George John Dasch, in two quartets on the eastern fringe of Long Island and the Florida coast.

“Operation Pastorius” to sabotage war industries on the U.S. mainland would never even have time to get its land legs; spied in Long Island by a Coast Guard watchman whom they clumsily attempted to bribe, the agents scattered themselves to New York and Chicago. Burger and Dasch — who for this reason were not in the end electrocuted* — had their reservations about the Third Reich to begin with and guessed after the Coast Guard encounter where this fiasco was heading. They rang up the gobsmacked FBI to shop themselves and their comrades, enabling the feds to pick up the other six men in short order.

The eventual fate of the Nazi saboteurs is no surprise, but the means to obtain it was controversial then and remains so to this day.

On a substantive level, the Germans had landed in uniform for the explicit purpose of asserting POW status were they to be apprehended immediately; this didn’t cut much ice since all had then discarded their uniforms and attempted to melt away in the U.S. Attorney General Francis Biddle successfully cited the American Revolution precedent of John Andre, whom patriots hanged as a spy after detaining him out of uniform behind their lines. That they hadn’t yet done anything yet was a bit beside the point.**

Much thornier was U.S. President Franklin Delano Roosevelt’s order to try the Germans using a seven-member military tribunal that he conjured for this purpose, and seemingly with the objective of assuring the harshest possible sentence. (Bear in mind that these events transpired only months after Pearl Harbor.) Such a commission is explicitly anticipated by the U.S. Articles of War† whose 81st and 82nd provisions the saboteurs were charged with violating:

ART. 81. RELIEVING, CORRESPONDENCE WITH, OR AIDING THE ENEMY. — Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct.

ART. 82. SPIES. — Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.

However, the military commission did not seem very well in keeping with the American preference for regular jurisdictions as expressed by Ex parte Milligan, the post-Civil War decision forbidding the use of military courts anywhere that civilian courts are functioning.‡ The signal Milligan precedent formed the basis of a furious objection by Army defense lawyer (and future Secretary of War) Kenneth Royall, who fought his clients’ hopeless corner so vigorously that the doomed men signed a letter praising his efforts. (“unbiased, better than we could expect and probably risking the indignation of public opinion.”)

Already recessed for the summer, the Supreme Court hastily reconvened to cut this Gordian knot: the only forum of judicial review the case would ever receive. Its decision, Ex parte Quirin — titled after one of the defendants — spurned Royall’s Milligan claim and upheld Roosevelt’s statutory authority to determine this case for a military tribunal by a unanimous vote.

The court’s common front concealed a variety of stances on the reach of executive authority. While the whole court agreed that “Congress has explicitly provided … that military tribunals shall have jurisdiction to try offenses against the law of war in appropriate cases,” a concurring memorandum by Justice Robert H. Jackson — later famous for his role prosecuting the Nuremberg trials — proposed to carry the argument well beyond this point. Jackson claimed in a concurrence that he would eventually withdraw that “the Court’s decision of the question whether it complied with the Articles of War is uncalled for … it is well within the war powers of the President to create a non-statutory military tribunal of the sort here in question.” This was by no means the consensus of his colleagues.

The later publication of a “Soliloquy” memorandum by one such colleague, Felix Frankfurter, throws a less than dispassionate light on deliberations. Writing to smooth over internal disputes between the blackrobes, Justice Frankfurter shows himself personally hostile to the Germans — “You’ve done enough mischief already without leaving the seeds of a bitter conflict involving the President, the courts and Congress after your bodies will be rotting in lime,” he chides them in his own voice. “That disposes of you scoundrels.” In the end, the court took his advice to sidestep the potentially deep jurisdictional question.

But that question has not been left rotting in footnotes (they never are). Quirin in general and Jackson’s expansive claims of executive power in particular have been relied upon by 21st century Presidents to justify muscular and controversial innovations like the Guantanamo Bay prison and the drone war.

A few books about Operation Pastorius and Ex parte Quirin

Pierce O’Donnell, author of In Time of War: Hitler’s Terrorist Attack on America, discussed his book on C-SPAN here.

Jurisprudence is not the only artifact of the Nazi saboteurs’ failed infiltration.

Bizarrely, a tributary slab “in memory of agents of the German Abwehr” was discovered in 2006 illicitly placed on National Park Service land in southeast Washington DC, the same vicinity where the saboteurs had been secretly buried after their electrocution. There it had seemingly reposed some twenty-odd years, unknown but to its devotees … who if the stone’s carvings are to be credited must consist of the heirs of the (defunct since 1983) National Socialist White People’s Party, also known as the American Nazi Party.

* They would be condemned to death along with the rest, but Roosevelt commuted their sentences: a fine boon but far short of the outright pardons they had been promised for their cooperation. In 1948, President Truman had Burger and Dasch deported to Germany, where many saw them as traitors.

** After unsuccessfully attempting to trade Andre for Benedict Arnold, whose defection Andre had facilitated, and whom the American revolutionaries would have much preferred to Andre for a hanging.

† Enacted by Congress in 1920, these Articles of War are no longer operative in the U.S.: they were replaced by the Uniform Code of Military Justice in 1951.

‡ Haupt and Burger were also U.S. citizens, further complicating the commission’s suspension of their constitutional habeas corpus rights.

On this day..

1939: Robert Nixon, Richard Wright inspiration

On this date in 1939, Illinois electrocuted Robert Nixon for bashing Florence Johnson to death with a brick as he burgled her Chicago home.*


The Chicago Tribune‘s Family Circus-esque May 28, 1938 illustration of the crime scene.

Nixon’s fingerprints would also link him to three previous rape-murders in California; separately, he admitted raping and killing Illinois nursing student Anna Kuchta in 1937, although he would also argue that Chicago police tortured the confessions from his lips.

Crudely nicknamed the “Brick Moron”, Nixon was vilified in shockingly racist terms by a hostile press.

This Chicago Tribune article is one of the worst exemplars and is only the start of a much longer piece in the same vein but even straight-news bulletins routinely went with a casual “savage colored rapist” label. His possible developmental disability (“moron” …) was generally cast not as any sort of mitigating consideration but as the indicator of a superpredator: “It has been demonstrated here that nothing can be done with Robert Nixon,” the sheriff of the Louisiana town where he grew up wrote to Chicago. “Only death can cure him.”

Richard Wright allegedly mined the commentary on Nixon to inform his classic novel Native Son, which hit print the next year … and sees its lead character Bigger Thomas die in the Illinois electric chair.

* It was supposed to be a triple execution but late reprieves spared Steve Cygan and Charles Price, both murderers in unrelated cases.

On this day..

1920: Rickey Harrison, Hudson Duster

On this date in 1920, Rickey Harrison of the Greenwich Village “Hudson Dusters” went to the electric chair for a murder committed in the course of an armed robbery.

As befits a gaggle of old time New York hoodlums this crowd was rife with colorful nicknames — Goo Goo Knox, Circular Jack, Ding Dong — and hired out its thrashings in service of Tammany Hall‘s rude electoral manipulations. Their signal achievement was earning a popular doggerel tribute that rang in the streets in its day, by beating senseless a beat cop who’d had the temerity to arrest some of their number.

Says Dinny [patrolman Dennis Sullivan], “Here’s me only chance
To gain meself a name;
I’ll clean up the Hudson Dusters,
And reach the hall of fame.”*
He lost his stick and cannon,
and his shield they took away.
It was then he remembered,
Every dog had his day.

At their peak the Hudson Dusters could rank as one of the brighter stars in the dizzying constellation of Big Apple crooks. Herbert Asbury’s classic The Gangs of New York notes that “perhaps fifty small groups … operated south of Forty-second street [and] owed allegiance to the Gophers, Eastmans, Five Pointers, Gas Housers, and Hudson Dusters … Each of these small gangs was supreme in its own territory, which other gangs under the same sovereighty might not invade, but its leader was always responsible to the chieftain of the larger gang, just as a prince is responsible to his king.” Allegedly future Catholic social justice activist Dorothy Day, then a teenage radical journalist just moved to New York City, enjoyed carousing with the Dusters in the 1910s.

Despite political pull through Tammany (and heavenly pull through Dorothy) arrests and gang wars dusted the Dusters over the first two decades of the 20th century.

Our man Rickey Harrison, a pipsqueak Irishman with a substandard nickname (“Greenwich Village Terror” … lame), led a gangland raid on a high-stakes poker game at the Knickerbocker Waiters Club on September 7, 1918, and shot dead a Canadian soldier who refused to give up his boodle. Harrison would go to his grave insisting that it was not he who fired the fatal shot, although he was markedly less scrupulous about accounting the undetected and unprosecuted crimes of his career.

As a last indignity, Harrison and another murderer named Chester Cantine — who preceded the gangster to the electric chair — had to brace themselves for eternity within earshot of a raucous Sing Sing vandeville show where prisoners and 800 visitors were “applauding and roaring with laughter in an improvised theatre a few feet away … comic sketches [and] jazz music resounded throughout the prison.” (New York Times, May 14, 1920)

Harrison’s last sentiment — “Let us hope and pray they will never do this thing to another man, innocent or guilty” — still awaits fulfillment a century later.

* The apparent allusion is to the Hall of Fame for Great Americas, a civic pantheon opened in 1900 that is now part of Bronx Community College. This outdoor colonnade, still extant but largely forgotten, imported its busts-of-great-men concept from Bavaria; the Hall’s popularity in its time makes it the ancestor of the innumerable Halls of Fame that have since come to litter the North American civic landscape.

On this day..

1896: Carl Feigenbaum, the Ripper abroad?

On this date in 1896, New York City electrocuted Carl Feigenbaum.

He’d been convicted of slaying the widow from whom he rented a room at eight cents per day … but many at the time suspected his homicidal exploits might also have traced to Whitechapel, under the dread sobriquet Jack.

We can only really be sure of the one murder: on September 1, 1894, he attacked 56-year-old Julianna Hoffman in her room on East Sixth Street, for the possible reason of robbing her. One ferocious slash with his long bread knife nearly decapitated the landlady; the disturbance roused Hoffman’s 16-year-old son who burst in on the assailant — reportedly just as Feigenbaum had his blade poised to begin horribly gouging the corpse. Both killer and witness grappled briefly and then fled from each other; Feigenbaum was arrested before the day was out.

Today you’d call the part of town East Village but back in the 1890s it was Klein Deutschland, with one of the world’s largest concentrations of Germans abroad.

Probing his client for material to use for an insanity defense,* Feigenbaum’s attorney elicited his client’s self-diagnosis that “I have for years suffered from a singular disease, which induces an all-absorbing passion; this passion manifests itself in a desire to kill and mutilate the woman who falls in my way. At such times I am unable to control myself.” That seems interesting.

It emerged that Feigenbaum had left Germany as a merchant mariner, and that profession had possibly seen his boats tied up in the Thames during the pivotal months when the Whitechapel murders took place.

In the Big Apple, the idea of modern crime’s great bogeyman throwing his demonic shadow across their very own dungeons appealed irresistibly, to nobody moreso than Fiegenbaum’s own attorney William Lawton, who reveled in his hypothesis of proximity to evil and made a silly bid for celebrity on that basis. Lawton claimed to have hit upon the Ripper idea as he pondered the meaning of Feigenbaum’s professed impulse to mutilate women.


From the St. Albans (Vt.) Daily Messenger, April 28, 1896.

The very day after his client’s electrocution, Lawton explicated the suspected connection to the press, “stak[ing] my professional reputation that if the police will trace this man’s movements carefully for the last few years their investigations will lead them to Whitechapel.” (Lawton is also the sole source of Feigenbaum’s alleged self-incrimination, quoted above: to everybody else Feigenbaum insisted on his innocence far past any possible stretch of plausibility, and even carried that insistence to the electric chair.)

Regrettably, Feigenbaum’s pre-Hoffman movements are obscure to the point where Lawton’s theory is essentially immune to corroboration (or refutation). Even when Lawton dropped his intended bombshell did his hypothesis come in for some public ribbing; the New York Tribune scoffed on April 29 of that year that Feigenbaum now being indisposed to object, all the city’s most troublesome unresolved homicides ought to be attributed to this empty cipher.

Despite the surface similarities of his aborted disemboweling to the infamous London crime spree, Feigenbaum’s case for Ripper immortality doesn’t enjoy much of a constituency today. (Trevor Marriott’s 2005 Jack the Ripper: The 21st Century Investigation is a notable exception to the skepticism.)

* Feigenbaum, who had been literally caught red-handed, ultimately did not pursue the insanity defense that was probably his only hope of avoiding the chair because he did not have enough money to hire the expert alienists who would be required to present such a case to the jury. But for a guy supposedly resource-constrained, Lawton does seem to have gone to some trouble to research the possible Ripper connection.

On this day..

1928: Floyd Hewitt, “Boy Clubber”

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

On this date in 1928, seventeen-year-old Floyd Hewitt was executed in Ohio’s electric chair for the horrific murder of a farmer’s wife and five-year-old son.

Floyd grew up in rural area outside Conneaut, Ohio. Although at 6’4″ he had the body of a grown man, he was mentally disabled, callously described by his defense attorneys as “a moron with a ten-year-old’s intellect.” One newspaper portrayed him thus:

He is not considered of normal intellect, his drooping mouth, dull eyes and appearances contributing to the opinion. He was not bright in his classes at school.

On the evening of February 14, 1927, he visited a local farm belonging to the Brown family. He was a frequent visitor there; he loved listening to jazz music on the radio and the Browns were the only family in the area who had a set at home. Celia Brown’s husband, Fred, was away in town and she was home alone with their son Freddie.

This news column and this article describe what happened in detail. Floyd got “stirred up inside” by the music. Feeling “an overpowering love,” he made sexual overtures towards Celia, who slapped him. He hit back, and she grabbed the fireplace poker to defend herself, but he tore it from her hands. In the ensuing fight Floyd hurled Celia down the stairs and struck her repeatedly with the poker until she was dead. Then, afraid the little boy would tell on him, Floyd chased Freddie into the basement and beat him to death with a baseball bat, too.

Then he went back upstairs, washed his hands, walked the short distance home and sat down to read the newspaper.

Fred Brown got home a little after midnight, found his wife’s body on the porch. There was blood everywhere. Fred summoned neighbors and the police. After searching the rest of the house, the neighbors found little Freddie’s body in the basement.

Floyd rapidly came under suspicion; he literally left a trail of footprints right to his front door. The next morning he was arrested, wearing the same bloodstained sweater he’d worn the night before. One of the buttons had been torn off and was left at the crime scene.

Within hours, Hewitt had made a full confession. He even went so far as to take the police on a tour of the Brown house to point out what had occurred and where. The next day, however, he retracted his statements and would maintain his innocence until his death.

The press bluntly christened him “the boy clubber.”

On the first day of his trial, as he was taken into the courtroom, Floyd remarked, “This is certainly a beautiful day, isn’t it?” One reporter described him as “like a big overgrown boy, who did not realize the seriousness of the crimes with which he is charged.”

He was indeed an overgrown boy, only sixteen years old at the time of his crime, but the prosecution demanded the death penalty.

Death penalty expert Victor Streib in this review of Ohio juvenile executions summed matters up thus:

Although indicted for two first degree murders (mother and son), he was tried only for the first degree murder of the five-year-old boy.

During the three week trial, the state relied heavily upon Hewitt’s signed confession while the defense stressed Hewitt’s mental disabilities. On April 26, the jury returned a verdict of guilty without a recommendation of mercy.

Hewitt appealed, and his execution was postponed for a time, but the appeals process wore down in less than a year and the board of clemency refused to recommend a commutation to the governor …

Hewitt’s chronological age at execution was seventeen, but his mental age remained forever fixed at ten.

Floyd Hewitt might have been the youngest person ever executed by the state of Ohio, and he was the first from Ashtabula County. A “bedraggled figure … with his long black hair hanging low over his face,” and clutching a photo of his family, he died in the electric chair at the Ohio State Penitentiary Annex at 7:43 p.m.

On this day..

1924: A day in the death penalty around the U.S.

From the New Orleans Times-Picayune, Dec. 13, 1924:

Shreveport, La., Dec. 12 — Alfred Sharpe, about 25 years old, a negro, was hanged here today at 12:16 p.m. for the murder of Tom Askew, a white man, veteran of the World war and manager of a plantation near Keithville, which occurred last September 9.

Sharpe, in a statement just before going to the gallows blamed liquor for his trouble. He admitted since his captured two days after the killing that he was guilty.

The negro, who was unable to read or write, and did noot know his exact age, said as he mounted the scaffld: “I know I violated the law and that the law must be fulfilled.”

From the Cleveland Plain Dealer, Dec. 11, 1924:

COUMBUS, O., Dec. 11. — Alexander Kuszik, 20, of Akron, must die in the electric chair at the state penitentiary shortly after 1 a.m. tomorrow for the murder of his thirteen-year-old cousin, Elizabeth Nagy, who spurned his proffered love.

Gov. A.V. Donahey late today denied a last minute appeal by Kuszi’s counsel that the death sentence be commuted to life imprisonment. This plea, supplemented by the testimony of three alienists [psychologists — ed.] to the effect that Kuszik was not mentally responsible for his acts at the time of the crime’s commission, failed to convince the governor, however, that he should exercise his powers to extend clemency

Even Kuszik’s counsel, C.G. Roetzel, former prosecutor of Summit county, admitted the crime for which Kuszik was convicted was one of the most brutal on record, and made no claim the prisoner was insane. Roetzel based his plea for clemency on the theory, supported by alienists, that Kuszik was mentally irresponsible although he did know the difference between right and wrong.

Theory of Alienists.

The alienists advancing this theory were Dr. J.C. Hassall, superintendent of Fair aks sanitorium, Cuyahoga Falls; Dr. Arthur G. Hyde, superintendent of the Massillon State hospital, and Dr. D.H. Morgan of Akron.

Drs. Hassall and Hyde had made their observations of Kuszik within twenty-four hours after the crime had been committed. Dr. Morgan made his observations about a month later.

These specialists made their examinations at the request of Prosecutor Arthur W. Doyle, but their testimny was not used at the time of the trial, Dr. Doyle explained, because he reached his own conclusion that Kuszik was responsible for his acts.

Countering the views of this group of alienists was the testimony of three others who, after making an examination of Kuszik at the governor’s request, reported that the youth not only was not insane but that he was mentally responsible.

Mentality Subnormal.

These alienists were Dr. Charles F. Clark, superintendent of the Lima State hospital; Dr. H.H. Pritchard, superintendent of the Columbus State hospital, and Dr. Guy Williams, superintendent of the Cleveland State hospital. They all said Kuszik had no mental disorders. All the alienists had agreed that Kuszik’s mentality was sub-normal — that it represented the mentality of a child of about 11.

Prosecutor Doyle told the governor that, in his opinion, so long as the state recognizes capital punishment Kuszik’s case was one in which it should be used.

Kuszik exhibited no concern when told his appeal had been denied and that he was to die.

In complete control of his faculties, he walked even jauntily to the death cell to spend his few remaining hours.

“The youth has shown more spirit today than at any time since confined,” Warden P.E. Thomas said.

Two consecutive stories from the Portland (Ore.) Oregonian, Dec. 13, 1924:

WALLA WALLA, Wash., Dec. 12. — Thomas Walton, convicted of the murder of S.P. Burt, a fellow convict, in the state penitentiary here October 7, 1923, was hanged at the penitentiary this morning. The trap was sprung at 5:06 A.M. and the prison physicians pronounced him dead 10 minutes later.

Walking to his death with the same fearlessness that he has displayed since the beginning of his prison career, Walton refused to make any final statement and even declined to talk with Rev. A.R. Liverett, prison chaplain, or Father Buckley, Catholic priest, in his cell prior to the execution.

His body will be sent to relatives in Montague, Cal.

Although Walton paid the penalty for killing Burt, he has of official record killed two other men. The first was in 1915 in California, for which he was sentenced to life imprisonment in San Quentin prison. The other was that of George McDonald, cellmate of Burt, whom he stabbed following his attack on Burt.

Walton and Burt were life termers in San Quentin and made their escape together in a prison automobile in January, 1923.

FOLSOM, Cal., Dec. 12 — Robert Matthews, negro, convicted of the murder of Coleman Stone, a grocer near Los Angeles, was hanged at the state prison here this morning. [Joe] Sinuel will be hanged next Friday.

On this day..

1946: Twice double executions around the U.S.

On November 22, 1946, American executioners recorded a double-double with twin killings in both North Carolina and Georgia.

North Carolina

Charles Primus, Jr., and Wilbert Johnson carjacked a couple in Raleigh, forced them to drive six miles into the country,

got out and ordered the occupants to do likewise, demanded their pocketbooks, commanded them to go down a road in the woods; the defendants then held a whispered conversation, after which Johnson, with gun in hand, directed Miss Lipscomb to “stay there,” with Primus and marched Guignard approximately 200 feet down a path and demanded to know where his money was. While the parties were thus separated, Primus had intercourse with the prosecutrix after threatening to kill her if she did not submit. She says, “I submitted to Primus on account of fear.” The defendants were over 18 years of age; and the prosecutrix was 25 years old at the time of the assault.

Soon after the rape was accomplished the defendants freed the prosecutrix and her companion and allowed them to make their way to a house in the neighborhood.

The defendants admitted in statements in the nature of confessions that they obtained $650 from Guignard and $38 from Miss Lipscomb. Each originally claimed the other committed the rape, but finally Primus admitted he was the one who actually assaulted the prosecutrix. Johnson was tried on the theory of an accessory, being present, aiding and abetting in the perpetration of the capital offense. He was referred to by Primus as “the boss” of the hold-up conspiracy.

The specification abut “submitt[ing] on account of fear” — obviously, right? — mattered because Primus and Johnson took an appeal all the way to the state Supreme Court that this submission made intercourse no longer legally “forcible.”

Georgia

Johnnie Burns and Willie Stevenson were both electrocuted at Georgia State Prison November 22, 1946 for the ax murder of a man named Lucius Thomas, a crime that netted the pair $27.14.

Stevenson was only 16 years old at the time of the murder, and 17 when he was executed.

Arkansas

There was also a fifth, singleton execution on the same day in Arkansas: Elton Chitwood was electrocuted for murdering Mena pharmacist Raymond Morris during an armed robbery.

On this day..