Category Archives: USA

1865: Four for Abraham Lincoln’s assassination

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On a sweltering July 7, 1865, a mere 12 weeks after Abraham Lincoln was shot at Ford’s Theater, four of his assassin’s accomplices were hanged in the courtyard of the District of Columbia’s Washington Arsenal — present-day Fort McNair, and specifically its tennis courts.

Booth, on the far left, playing Marc Antony in Julius Caesar opposite his brothers. He had Brutus’ example in mind, as he wrote in his diary while on the run: “with every man’s hand against me, I am here in despair. And why? For doing what Brutus was honored for.”

The exact nature of the conspiracy against the man who had seen the North to victory in the Civil War has been debated ever since actor John Wilkes Booth lodged a ball from his one-shot Derringer behind Honest Abe’s ear. But it was a conspiracy — an astoundingly bold one.

Simultaneous with Booth’s successful attack upon Lincoln, there was an unsuccessful attempt to kill Secretary of State William Seward; it would emerge in the investigation that another man had been detailed to murder Vice President Andrew Johnson, but got drunk and chickened out. The apparent upshot: with the President and Vice President dead, new national elections would be required to replace the Senator who would become acting president — and with the Secretary of State dead too, there’d be nobody to implement them. Booth was trying to paralyze the North with its own constitutional machinery in some desperate hope of reviving the defeated South.

Ten Against D.C.

Hundreds were detained in the stunning assassination’s immediate aftermath, but ten would ultimately be the federals’ targets. A massive manhunt pursued Booth through southern Maryland and into Virginia, where he was killed in a shootout. John Surratt, who had conspired with Booth in an earlier plot to kidnap the president — that failed plot had been reconfigured into the assassination — escaped from the country.

The other eight were rounded up and stashed at the Arsenal to face a military tribunal. It was a highly controversial arrangement: the war had entered a gray area — Robert E. Lee’s surrender just days before the murder had effectively ended the war, but when the trial opened in May Confederate President Jefferson Davis was still at large, and the last Southern general wouldn’t lay down his arms until late June. The District of Columbia was still technically under martial law … so would it do to use a military court?

Military Tribunal

So the government asked itself: government, would you rather have looser evidentiary rules and a lower bar of conviction than you would have in civil court? The government duly produced for the government an opinion that the military characteristic of the assassination — that is, to help whatever southern war effort still obtained — licensed the government to use the military courts.

That didn’t sit well with everyone. One former Attorney General griped:

If the offenders are done to death by that tribunal, however truly guilty, they will pass for martyrs with half the world.

Indeed, a year later, the Supreme Court’s landmark ex parte Milligan ruling would forbid the use of military courts where civilian courts are open — which they were in Washington, D.C.

That, of course, was too late to help Booth’s comrades. It would be a military trial, with a majority vote needed for conviction and no right of appeal but to the president for the most infamous crime of the Republic. Everyone had a pretty good idea what the results would be.

A cartoon depicting the defendants as Gallow's (sic) Birds.

Rogues’ Gallery

Two of the four today were doomed from the outset under any juridical arrangement imaginable: Lewis Powell (also known as Lewis Paine or Lewis Payne) had made the attempt on Secretary of State Seward; David Herold had guided him there with the getaway horse, and later escaped along with Booth. They were in way past their eyeballs. George Atzerodt, the schmo who couldn’t rise to the occasion of popping Andrew Johnson, looks a bit more peripheral from the distance of a century and a half, but in the weeks following the assassination he was much too close to the action to have any hope. All received death sentences.

Two others — Michael O’Laughlen and Samuel Arnold — had been involved in Booth’s earlier scheme to kidnap the president, but didn’t seem to have much to do with the murder. Still another two — Ned Spangler and Dr. Samuel Mudd* — were lesser participants. They all received long prison sentences for their pains, and the three of them still surviving were pardoned by Andrew Johnson as he left the presidency in 1869.

That left Mary Surratt, mother of the fugitive John and the only woman in the dock, the focus of attention and controversy. The 42-year-old widow owned a downtown boardinghouse, plus a tavern of sufficient importance at a Prince George’s County, Maryland, crossroads, that its community was called Surrattsville.**

The conspirators met frequently in her lodgings; Surratt maintained her innocence beyond that, but evidence and witness testimony began to pile up heavily against her … especially when Seward assailant Lewis Powell wandered into her place looking for refuge right while the police were questioning her. Booth and Herold turned out to have made a pit stop at her Surrattsville tavern to pick up a package of guns that Mary had prepared for them.

Though Surratt’s avowal of ignorance was not widely believed, a gesture of presidential mercy was anticipated — many thought (and think) she went on trial as a virtual hostage for her absconded son, who declined to take the bait. Strangely, five members of the nine-judge panel who condemned Mary Surratt turned around and asked President Johnson for clemency. Johnson claimed never to have seen the memo, but his mind seemed pretty made up — when Surratt won a habeas corpus stay on the morning of her scheduled hanging, he promptly “specially-suspended” the writ specifically to hang her:

I, Andrew Johnson, President of the United States do hereby declare that the writ of habeas corpus had been heretofore suspended in such cases as this; and I do hereby specially-suspend this writ, and direct that you proceed to execute the order heretofore given upon the judgment of the Military Commission.

Harsh treatment, and possibly well-deserved, for the first woman executed by the U.S. government. Even so, it does seem a curious thing when all is said and done that the mother of “the nest that hatched the egg” was worth a special suspension of the Great Writ, and even the stagehand who just held Booth’s horse for him caught six years, but old Jeff Davis — who apart from having figureheaded a treasonous four-year insurrection was implicated for giving Booth’s kidnapping plot official Confederate sanction — got to retire to write his memoirs.

Fine pages on the Lincoln assassination are here, here and here. There are also contemporary newspaper accounts posted online as filed for The Boston Post and The New York Herald.

The Surratt houses, by the way, are still standing. The Maryland tavern is kept as the Surratt House Museum by the Surratt Society. The downtown boarding house is a Chinese restaurant … marked with a plaque remembering more momentous doings than bubble tea.

The Chinatown restaurant where Mary Surratt had her boarding house ...

... as marked by plaque ...

... and how it looked back then.

* The panel voted 5-4 to hang Mudd, a Maryland doctor who not only set the leg Booth broke when he leaped onto the stage after shooting Lincoln, but then misdirected Booth’s pursuers. However, the rules for the trial said a two-thirds majority was required for execution.

** They changed the name after the unpleasantness. Today, it’s Clinton, Maryland.

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1822: The audacious Denmark Vesey

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On this date in 1822, white South Carolinians hanged the most terrifying slave insurrectionary who never rose — and breathed a sigh of relief as they clamped the shackles ever tighter upon their groaning servile class.

Inspired by slave revolts shaking the Caribbean, the Denmark Vesey plot was the South’s worst nightmare: Nat Turner, multiplied by about nine thousand.

That’s the size of the slave and free black network Vesey is said to have recruited — ready to undertake a coordinated uprising to seize Charleston, slaughter the white populace, and possibly then to sail for a Haiti whose own slave revolt had recently established it a black-governed republic. The mind boggles at such a scheme’s bravado … but in an age when horseshoes and mizzenmasts could outrun information, Vesey’s plot could have been past any prospect of obstruction before anyone in a position to obstruct it even knew what happened. Had they not flown but defended Charleston, the event would have ignited a conflagration to outshine every other slave uprising.

The weak point, of course, were those 9,000 — or however many — slaves who had to act ruthlessly and in unison, and keep their peace until they struck. It is incredible enough that such a secret kept among so many for up to four years.

The plot finally leaked mere days before it was to have been attempted when a middling player attempted the unnecessary freelance recruitment of a house slave — a class Vesey had intentionally (and rightly, events would prove) excluded for dangerously excessive personal loyalty to their masters’ families.*

Melancholy Dane

A well-educated and well-traveled man on account of his years as the personal property of a slaver — Joseph Vesey, who bequeathed his purchase both a surname and the given name Telemaque, subsequently corrupted into “Denmark” by Charlestonians — the plot’s signature hero/villain had managed to purchase his freedom and establish himself in the anomalous position of free black artisan/entrepreneur in the slaveholding South.

His successful carpentry business (apt choice, for a martyr) had given him the prestige and the werewithal to start an independent African Methodist Episcopal church where he poured out a hatred of chattel slavery undiminished by his own liberty.

For several years before he disclosed his intentions to any one, he appears to have been constantly and assiduously engaged in endeavoring to imbitter [sic] the minds of the colored population against the whites. He rendered himself perfectly familiar with those parts of the Scriptures which he could use to show that slavery was contrary to the laws of God; that slaves were bound to attempt their emancipation, however shocking and bloody might be the consequences … (Source)

His judges were later incredulous that he’d be so hung up about it:

It is difficult to imagine, what infatuation could have prompted you to attempt an enterprise so wild and visionary. You were a free man, comely, wealthy, and enjoyed every comfort compatible with your situation. You had, therefore, much to risk and little to gain.

An American Spartacus?

Denmark Vesey blurs into myth as he approaches his end, together with lieutenants: among them, Peter Poyas, the organizational maven of the operation who was hanged along with Vesey and four others; and Gullah Jack, an African priest among the 29 more who would die in the weeks ahead.

Most of the principals held their tongues before interrogators; the tribunals were held secretly; their records were censored against the apprehension by other slaves of the potential for such designs as “a bottle with poison to put into my master’s pump & into as many pumps he could about town.”

But there was enough known to shatter forever any illusion of paternal congeniality more liberal masters might have fancied. One planter was incredulous that his agreeable charge might be involved in such nefarious doings until he asked the man directly and was astonished to hear from his trusted coachman’s lips the frank intention “to kill you, rip open your belly and throw your guts in your face.” (Both quotes are from this book review.)

Whites were scared. “I have never heard in my life, of more deep laid plots or plots more likely to succeed,” wrote Anna Haynes Johnson, niece to Gov. Thomas Bennett. (Source) Another concluded that “our NEGROES are truly the Jacobins of the country.” (Source)

But as initial panic (and federal troop deployments) gave way to a more pervasive undertow of security paranoia, the affair was self-consciously downplayed and records intentionally destroyed for fear that too-careful documentation of its particulars could map the way for a revival. An 1861 piece in The Atlantic — an excellent read on the progress of the conspiracy — grapples with what was even then a gaping evidentiary vacuum.

The intense avidity which at first grasped at every incident of the great insurrectionary plot was succeeded by a distaste for the memory of the tale; and the official reports which told what slaves had once planned and dared have now come to be among the rarest of American historical documents. In 1841, a friend of the writer, then visiting South Carolina, heard from her hostess for the first time the events which are recounted here. On asking to see the reports of the trials, she was cautiously told that the only copy in the house, after being carefully kept for years under lock and key, had been burnt at last, lest it should reach the dangerous eyes of the slaves. The same thing had happened, it was added, in many other families. This partially accounts for the great difficulty now to be found in obtaining a single copy of either publication; and this is why, to the readers of American history, Denmark Vesey and Peter Poyas have been heretofore but the shadows of names.

Antebellum September 11

Even as a nonstarter, the insurrection was an antebellum 9/11 that spurred a reactionary crackdown on perceived liberalities in the system — most vividly symbolized by the construction of the fortress that became the still-extant military academy The Citadel, but more systematically impinging blacks’ everyday freedom to assemble and worship, and even requiring (until the Supreme Court overruled the law) free black sailors be detained whenever a northern ship called at port. Pro-slavery southerners blamed open disapprobation for slavery voiced in Congress during the recent Missouri Compromise wrangling, and even similar sentiments expressed in the British parliament, for emboldening the terrorists.

All this yielded a rich political harvest from the fruit of the gallows — like Charleston mayor James “there is nothing they are bad enough to do, that we are not powerful enough to punish” Hamilton, who rode his timely suppression of the plot to Congress later that year.

Such political profiteering, combined with the sketchiness of primary sources, has licensed a revisionist take on the orthodox history — that there was never any conspiracy, but that reactionary white elites concocted the plot from a tissue of loose liberation talk, false confessions, and latent white fear in order to win political power. This contested minority interpretation has been a recent topic of academic dispute, since Michael P. Johnson floated it in 2001 (an account is required to read Johnson’s original essay; here’s a synoptic article that appeared subsequently in The Nation).

Markers of historiography around these competing versions of Vesey, bearing directly on the question current in today’s Charleston of whether and how to memorialize this episode, are ripe with controversial modern-day implications.

Consider: if Vesey is a rebel indeed, the silence of (most of) the plotters is a noble acceptance of torture to protect their confederates; if they’re framed, they’re silent because there’s nothing to confess. Either way, the modern reader’s sympathies are likely to lie with the blacks, but Johnson’s interpretation removes the locus of action from them to white elites. If he’s right, would that derogate an entire narrative of black resistance to slavery, drain the martyrdom from their deaths? Or would it correct an overstated romantic mythology of armed resistance, and color this day’s hanging with a different heroism: refusing to purchase their lives with a false accusation?

* For his timely betrayal, Peter Desverneys received his liberty and a state pension; he later became a slaveholder himself. See Black Slaveowners.

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1882: Charles Guiteau, James Garfield’s colorful assassin

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On this date in 1882, America’s weirdest assassin recited fourteen verses of the Gospel of Matthew and (sans requested orchestral accompaniment) a poem of his own composition entitled “I am Going to the Lordy,” and was hanged in the District of Columbia jail for shooting forgettable Gilded Age president James Garfield.

Mad as a march hare, Charles Julius Guiteau had irritated the obscure reaches of the Republic near four decades, trying his hand at free love, law, newspapering* and evangelism. A contemporary account of his religious flimflammery survives:

Charles J. Guiteau (if such really is his name), has fraud and imbecility plainly stamped upon his (face). (After) the impudent scoundrel talked only 15 minutes, he suddenly (thanked) the audience for their attention and (bid) them goodnight. Before the astounded 50 had recovered from their amazement…(he had taken their money and) fled from the building and escaped.

Having failed at each characteristic American monkeyshine more comprehensively than the last, he naturally gravitated to politics; while today Guiteau might tilt with his psychoses on some vituperative blog, in 1880 he published and delivered as a speech a widely-ignored crackpot encomium** for his eventual victim. Guiteau reckoned the GOP carried the 1880 elections on the strength of such rhetorical thunderbolts as “some people say he [Garfield] got badly soiled in that Credit Mobilier transaction but I guess he is clean-handed.”

Stunned that his contributions did not earn him a diplomatic posting to France, Guiteau stepped out of obscurity and into this blog’s pages by shooting the ungrateful (and unguarded) executive in the back at a Washington, D.C. train station (since demolished, and today occupied by the National Gallery of Art).

“To General Sherman: I have just shot the President. I shot him several times as I wished him to go as easily as possible. His death was a political necessity. I am a lawyer, theologian, and politician. I am a stalwart of the Stalwarts. I was with Gen. Grant, and the rest of our men in New York during the canvass. I am going to the Jail. Please order out your troops and take possession of the Jail at once. Very respectfully, Charles Guiteau.” (Click for the full image.) From the Georgetown Charles Guiteau collection.

Thoughtfully, he had already hired a cab to take him to jail, where he expected to be liberated by General William Sherman.

Malpractice

The bugger of Garfield’s assassination is that Guiteau was no better at killing presidents than he was at electing them. Despite his exultation “Arthur is President now!”, he actually inflicted what could have been a non-fatal flesh wound that through ten-thumbed medical intervention became an agonizing eighty-day Calvary for the miserable Garfield.

Doctors jabbed unwashed hands into the the wound, failing to dig out the bullet they were looking for but successfully turning the three-inch wound into a crater, puncturing Garfield’s liver, and passing him Streptococcus. Alexander Graham Bell invented a metal detector to find the missile, but the damn thing gave a bad reading … because Garfield was lying on a bed with metal springs. His doctors, feuding with one another and with the press, instituted a regimen of rectal feeding — “Nutritive enemas — consisting of beef bouillon, egg yolks, milk, whiskey, and several drops of opium … Garfield’s flatulence became intolerable,” according to one biographer — that “basically starved him to death.”† He lost 100 pounds before succumbing; the autopsy concluded that Garfield probably would have lived if not for the medical attention, which didn’t stop the doctors from submitting a sizable invoice to the feds for services rendered.

(In a moment of lucidity, Guiteau defended himself with the observation “The doctors killed Garfield; I just shot him.”)

Not Ha-Ha Funny

Horribly hilarious, this American Absurdistan. “Except for the dead-serious details of his assassinating President Garfield and being in all likelihood clinically insane, Charles Guiteau might be the funniest man in American History,” Sarah Vowell put it.

Guiteau’s circus trial — with the defendant constantly interrupting to harangue participants, object to his own attorneys or converse with the spectators, plus the macabre appearance of the late Garfield’s actual vertebrae (now at Washington D.C.’s National Museum of Health and Medicine) as an exhibit — was for all that a landmark test of evolving law around criminal insanity.

Just as Garfield probably would have survived his injury had he been treated by the next generation’s medical norms, Guiteau probably would have survived his brush with the law if treated by the next generation’s legal norms.

Against an almost-too-strict-to-achieve earlier bar for legal insanity, a more accommodating jurisprudential norm called the M’Naghten Rules or M’Naghten Test was even then being adopted from English courts: essentially, did the “criminal” realize his act was wrong? Still the basis for legal insanity claims in much of the U.S. today, the first trial of a presidential assassin would be the M’Naghten standard’s trial by fire.

While the judge gave ample leeway for the defense to use M’Naghten, the legal standards it implied were still not widely understood and the medical testimony about Guiteau’s mental condition was (embarrassingly, for the profession) wildly contradictory. Ultimately, the judge cued the jury that “the law requires a very slight degree of intelligence indeed” on Guiteau’s part to impute him with sufficient criminal culpability to hang. There were cheers in the courthouse when the jury took an hour to decide that Guiteau had that very slight degree of intelligence indeed.

In the final analysis, as Charles Rosenberg observes in The Trial of the Assassin Guiteau: Psychiatry and the Law in the Gilded Age, the jurors’ prompt conviction of the widely hated, barking-mad defendant underscored the real-life constraints of dry legal theory as applied by an outraged community to a notorious offender:

[T]he Guiteau case demonstrated anew that the circumstances of a particular case had ordinarily as much to do with its disposition as the precise injunctions of rules of law … Many observers agreed after the trial that if an individual of Guiteau’s marked eccentricity had killed an ordinary man … he would almost certainly not have been convicted; very likely he would not even have been brought to trial. Similarly, while Garfield lay on his sickbed, it was commonly assumed that his assailant would be institutionalized if the President should survive. But if not, then not.

Reckoning the gesture could cost him the 1884 Republican nomination, Chester A. Arthur declined to spare his “benefactor” (“Arthur has sealed his own doom and the doom of this nation,” was Guiteau’s reaction, picturing fire and brimstone) and left Guiteau to his strange and lonely fate. The latter was talked out of an early plan to go to the gallows in the Christlike garb of only his undergarments, but did insist upon delivering his incoherent parting ramble in a high-pitched childlike tone (“the idea is that of a child babbling to his mama and his papa”).

Wrapping up this surreal historical episode in a neat little bow, Charles Guiteau got his own bluegrass tune:‡

For more adventures through Guiteau’s looking glass, there’s a fine page at the University of Missouri-Kansas City.

* One of Guiteau’s failed newspaper ventures was to exploit the telegraph to reprint original content from other outlets. That one looks a lot less harebrained in retrospect: it’s a primitive model of the wire service, and latterly of RSS-based distributors like Google News.

** Scans of Guiteau’s apologia for Garfield — via Georgetown’s Charles Guiteau collection — are here: cover, pages 1-2, page 3.

† You really want to know more about the South Park-esque practice of rectal feeding? Garfield’s quack physician published this pamphlet in 1882.

‡ The “Charles Guiteau” ditty is actually a rather shameless knock-off of a murder ballad for James Rodgers, an Irish immigrant hanged in New York in 1858.

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1959: Charles Starkweather, Nebraska spree killer

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Just past midnight this date in 1959, Charles Starkweather was electrocuted in Lincoln, Nebraska, for a mass-murdering road trip with his jailbait date that claimed ten lives.*

A loner and loser, Starkweather’s spree in January 1958 caught the national imagination and has never quite let it go since — the prototypical despair of miscarried white masculinity, a primal scream from the underbelly of the American dream.

Bowlegged, myopic, slightly speech-impaired, Starkweather was an outcast at school and fought back with his fists, then dropped out entirely and into a yawning dead-end economic life collecting garbage from the wealthier quarters of Lincoln. “The more I looked at people the more I hated them because I knowed they wasn’t any place for me with the kind of people I knowed,” he said in his confession. Starkweather palliated his isolation by aping James Dean, dreaming of a big robbery score, and losing his heart to 14-year-old Caril Ann Fugate, in whose adolescent eyes the beaten boy felt his stature grow.

He — or maybe they together — killed her parents when they tried to interfere in the relationship, and then eight days of murderous desperation ensued that riveted Lincoln and the nation: they lived a few days with the corpses, shooing neighbors away with a story about the flu, then fled like animals, killing ruthlessly for a couple of cars and a place to spend the night and heading for Wyoming — all to no end that would make a lick of sense, not even the cockeyed hope that there was somewhere to go to outrun the gore. Killing and running had just become what they did to keep from having to stop.

I had hated and been hated. I had my little world to keep alive as long as possible and my gun. That was my answer. (Source)

Four months after he murdered the Fugate family and not yet 20 years of age, Charles heard his own death sentence from jurors in the city he’d briefly but unforgettably terrorized. (There’s a pdf timeline of the case from the Lincoln Evening Journal here.)

He lived cruelly, and it went cruelly with him to the last; offered a chance to donate his eyes, Starkweather retorted that “nobody ever did anything for me when I was alive. Why should I help anybody when I’m dead?” According to the Los Angeles Times, the doctor who was supposed to pronounce the prisoner dead himself suffered a fatal heart attack minutes before the electrocution.

Fugate’s tender age and sex spared her a death sentence, even though Starkweather said that she ought to be “sitting in my lap” when he went to the chair. She was paroled in 1976 and has mostly stayed out of view since. Laura James at CLEWS recently posted an update on her whereabouts.

More detailed annotations of this notorious duo’s life and times can be found here and here; the Lincoln Journal Star recently published an online 50-year retrospective on the case with high production values.

But if Starkweather’s James Dean fixation denoted the pull of celebrity glamor culture, his death left an enduring legacy for a world that had nothing for him in life, a haunting name recognition few school shooters or bell tower snipers have been able to hold since. He captivated the boyhood Steven King:

I do think that the very first time I saw a picture of [Starkweather], I knew I was looking at the future. His eyes were a double zero. There was just nothing there. He was like an outrider of what America might become.

The title track of Bruce Springsteen’s 1982 album Nebraska is written as a first-person narrative by Starkweather, to the tune of a desolate acoustic accompaniment that imbues the killer’s brutality with an aching loneliness.

They wanted to know why I did what I did
Well sir I guess there’s just a meanness in this world

Martin Sheen wonderfully rendered a (heavily fictionalized) Starkweather character opposite Sissy Spacek on the silver screen in Badlands (1973):

Rather less artistically consequential, the 1963 low-budget film The Sadist, also based on the Starkweather case, is in the public domain and available free on Google video:* Starkweather killed a gas station attendant in a separate incident weeks before, so his body count is 11, with ten of them on his infamous spree.

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1864: William Johnson, a bad example

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On this date in 1864, the Union army in the American Civil War hanged a black deserter outside Petersburg, Va., for — in the delicate words of the army dispatch — “an attempt to outrage the person of a young lady at the New-Kent Court-house.”

The Union army was just taking up position for the coming monthslong siege of the Confederate capital, Richmond. Johnson, who confessed to deserting another unit, offered savvy blue commanders a win-hearts-and-minds opportunity: a public reassurance that the Old Dominion’s dim view of Negro outrages upon young ladies would be honored by its soon-to-be occupiers.

Not bad in theory. The execution left something to be desired.

The field of public relations being very much in its infancy, the upshot of this salutary demonstration seems not to have been conveyed to its target audience; so, when a defending Confederate battery caught sight of the gallows being thrown up in brazen view of its own lines, it jumped to the not-unreasonable conclusion that the Yanks were about to make an example of a southern spy. Rebel guns promptly made the Union detachment their “target audience.” An artillery shot struck one Sgt. Maj. G. F. Polley (or Polly) and “tore him all to pieces” before

[a] flag of truce was sent out to inform the enemy that a negro was to be hung who had insulted a white woman the day before; they stopped firing. We then marched back and saw the negro hung.

The return on investment for the souls of Johnson and the misfortunate NCO was altogether unsatisfactory:

The incident was cleverly turned to advantage by the Confederates, who had been losing hundreds of Negro laborers by desertion. The Rebels marched Negroes past the spot, pointing out to them the perils of fleeing their lines, saying that the Yankees hanged all ‘Contrabands.’ For weeks nocturnal escapes of Negroes ceased on that front. (Source)

It wasn’t a total loss, however. The Library of Congress ended up with some striking archival photos.

(There’s a better touch-up of this last photograph of Johnson’s body being cut down here.)

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1953: Julius and Ethel Rosenberg, “the first victims of American fascism”

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On this date in 1953, Julius and Ethel Rosenberg were put to death in Sing Sing’s electric chair as Soviet spies.

Divisive since it was handed down — or more precisely, since a famous article in London’s Guardian challenged the verdict and helped elevate it into a latter-day Dreyfus case — the Rosenbergs‘ sentence has inspired so much acrimony over several generations that merely to observe the date is to invite a debate capable of eminently more heat than light.

Where to begin with a case so towering in the recent cultural milieu?

A textbook might say that Julius and Ethel were convicted of passing atomic secrets to the Russians, that they maintained their innocence and their defenders carried that flame years after their deaths, and that intelligence files opened after the Cold War — notably the Venona project — apparently confirmed that Julius was a spy after all, though Ethel seems to have been little more than an approving bystander and Julius, come to think of it, never had anything so worthwhile as atomic secrets to share with Moscow. This information (which does have its own skeptics, albeit a small minority) undermines the maximal “absolute innocence” position that this day’s victims always asserted, but it’s a curious leap to take it as vindicating the legal outcome.

“My husband and I must be vindicated by history; we are the first victims of American fascism.”

Half a century on, juridical guilt or innocence seems distinctly secondary in the lasting importance of the Rosenberg trial, the two-year battle to save them, and their potent symbolic afterlives.

The Rosenbergs are the only stateside judicial executions for espionage since the Civil War.* That is a remarkable distinction, after all; so, how comes it that it is held by — to state the case against them in its strongest imaginable terms — two enthusiastic but bush-league players, and not by the likes of Aldrich Ames? How was it that a judge with a largely center-liberal career on the bench would read them a sentence of death hysterically accusing these Lower East Siders of causing the Korean War?

[Y]our conduct in putting into the hands of the Russians the A-bomb years before our best scientists predicted Russia would perfect the bomb has already caused, in my opinion, the Communist aggression in Korea, with the resultant casualties exceeding 50,000 and who knows but that millions more of innocent people may pay the price of your treason.

…

I feel that I must pass such sentence upon the principals in this diabolical conspiracy to destroy a God-fearing nation, which will demonstrate with finality that this nation’s security must remain inviolate; that traffic in military secrets, whether promoted by slavish devotion to a foreign ideology or by a desire for monetary gains must cease.

It is here in the age of McCarthyism, in the shadow of the USSR’s balance-altering A-bomb test in 1949, that the Rosenbergs stand in sharpest relief — not because of “guilt” or “innocence”, but as the ne plus ultra of that era’s range of social discipline.

A few years before, the United States and the Soviet Union had made common cause against Hitler in World War II, the United States pumping war materiel to Russians bearing the brunt of the fighting.

No longer operative.

The Communist Party USA enjoyed membership rolls pushing six figures; other socialist parties and movements had found niches in American life in the interwar years.

As the Great War gave way to the Cold War, the great powers remained nominal allies (that’s the reason the Rosenbergs weren’t tried for treason), but shifted rapidly into conflict. The American polity organized to expel the red menace by rendering it foreign and criminal — ideological rigging for the forty years’ imperial contest ahead. Loyalty oaths, blacklists, the House Un-American Activities Committee … in the whole of the self-conscious construction of communism as “contagion”, the power and willingness of the state to kill Julius and Ethel Rosenberg formed the tip of the spear, and an ugly contrast to that same state’s solicitous handling of Nazi scientists then developing the vehicles to deliver atomic technology to Moscow in mushroom cloud form.

Though different in many particulars, the thrust will be familiar to any sentient denizen of post-9/11 America: the extreme penalty enforces a wall between the suspect and abject (but tolerated) loyal liberal and the enemy left. Depend upon Ann Coulter for the most brutal articulation:

We need to execute people like John Walker [the American-born soldier captured fighting for the Taliban in 2001] in order to physically intimidate liberals, by making them realize that they can be killed, too. Otherwise, they will turn out to be outright traitors.

Like most symbols, the Rosenbergs came by their exaltation by accident; at the strictly personal level, their deaths are nearly operatic performances of human stubbornness and bureaucratic inertia. Investigators rolling up a spy ring** were looking for confessions and names to keep the indictments coming.

Julius refused to provide either, so his wife was arrested for leverage against him on the reasoning that he would confess to protect her. The gambit failed: both prisoner and hostage remained obstinate. The government’s bluff had been called, and it ruthlessly executed its threat.

Had the two really been responsible for starting a war, execution would hardly begin to cover the bill — yet to the very foot of the chair, the condemned, and Julius especially for the sake of his wife, were pressed with offers of mercy for confessing and “naming names”.

Abjure or expire: show trial logic.

[audio:Julius_and_Ethel_Rosenberg.mp3]

An Execution in the Family

Given names to name, the personal mystery of their silence — the ultimate heroism or folly or tragedy or transcendence — only deepens the resonance of their fate both for contemporaries and posterity, the poignance of their orphaned children’s subsequent path, the contrast with Ethel’s brother David Greenglass who has since admitted to perjuring testimony against Ethel in order to shield his own wife. (Greenglass says the Rosenbergs died from the “stupidity” of not copping a deal of their own.)

Even before Julius and Ethel went to the chair this date,† they had become the emblem of a paranoid age. In the days following, Sartre savaged the United States for trying “to stop scientific progress by a human sacrifice”:

Your country is sick with fear. You’re afraid of everything: the Russians, the Chinese, the Europeans. You’re afraid of each other. You’re afraid of the shadow of your own bomb.

Decades later, the shadows haven’t faded altogether. In playwright Tony Kushner’s imagination, the spirit of Ethel stalks her real-life prosecutor, closeted McCarthy henchman Roy Cohn, as he succumbs to AIDS in the 1980’s.‡

Rosenberg resources — and vitriol — are in plentiful supply online and off. A good starting point on the case is this page at the University of Missouri – Kansas City. Be sure to check the tale of a last-ditch legal maneuver that almost succeeded.

* There is one partial exception in the unusual case of six German saboteurs electrocuted in Washington, D.C., during World War II on a charge sheet that included espionage. The hearing was held by a military commission and only one of the six was an American citizen, so it was far from the regular judicial process — if one can call it that — the Rosenbergs faced.

** Originating in the investigation of Klaus Fuchs, the man who actually did what Julius and Ethel Rosenberg were accused of doing — passing atomic secrets to Moscow — although with debatable ultimate effect for the Soviets’ research. Fuchs served nine-plus years in a British prison and was released to East Germany; more than a few were galled at the difference between his sentence and the Rosenbergs’.

Stateside, George Koval was another spy far more valuable to Moscow in the nuclear race than were the Rosenbergs. Koval got away clean and died in Moscow in 2006.

† Julius first, then Ethel. Her execution was botched; repeated shocks were required to kill her.

‡ Cohn’s posthumous autobiography did acknowledge illegally rigging the Rosenberg trial, as his Kushner character does.

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1945: Aniceto Martinez, an American rapist in England

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On this date in 1945, the last man executed for rape in England was hanged at Shepton Mallet prison — an American serviceman, hanged by the United States military.

Our story finds us in the Staffordshire town of Rugeley (for a second consecutive date), where a Mexican-American prisoner-camp guard named Aniceto Martinez raped a 75-year-old local. He should have put some thought into his alibi: he was the only American out of the camp that night, and hence easy pickings.

No, Martinez is notable only for his accidental milestones. His was the last U.S. military execution in Britain during World War II (actually coming over five weeks after Germany had capitulated). And he was the last person hanged on Albion’s soil for rape. This offense was not a hanging crime by English statute at the time, but was a capital offense in a U.S. military court … although all six of the personnel upon whom the sentence was inflicted were non-white, a pattern noticeable in stateside civilian cases as well.

The execution shed used by the U.S. military at Shepton Mallet Prison.

Martinez also, as it turned out, retired the use of Shepton Mallet as a facility for conducting executions. Dating to 1610, the prison had been out of commission during the 1930’s but taken over by the visiting American forces during the war years. (It’s remained in operation since, England’s oldest functioning prison.)

Though conducted under American law, the 16 hangings* at Shepton Mallet were actually carried out by British executioners in something of a procedural amalgam. American procedures in general governed the affair — and prolific British hangman Albert Pierrepoint, who conducted several, remarked on the (to him) oddities in his autobiography:

[A] custom which was strange to me was the practice of laying on a mighty feast before the execution. We were eating badly in this country at that time, but at an American execution you could be sure of the best running buffet and unlimited canned beer. The part of the routine which I found it hardest to acclimatise myself to was the, to me, sickening interval between my introduction to the prisoner and his death. Under British custom I was working to the sort of time where the drop fell between eight and twenty seconds after I had entered the condemned cell. Under the American system, after I had pinioned the prisoner, he had to stand on the drop for perhaps six minutes while his charge sheet was read out, sentence spelt out, he was asked if he had anything to say … and after that I was instructed to get on with the job.

One important concession to the British practice: use of the variable drop, designed to break the condemned wretch’s neck rather than a standard drop without accounting for the weight of the prisoner … which risked either slowly suffocating or outright decapitating the hanged man.

Northern Kentucky University professor J. Robert Lilly has more detail on American military executions at Shepton Mallet in this 1995 paper.

* There were also two executions by firing squad, “soldierly” executions for military offenses. A complete list of these executions is here.

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2001: Timothy McVeigh, Oklahoma City bomber

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At 7:14 a.m. on this date in 2001, Oklahoma City bomber Timothy McVeigh was executed at the federal penitentiary in Terre Haute, Ind.

More ink has been spilled about the 33-year-old Gulf War veteran and his infamous crime than this space can possibly hope to summarize. Books can be — and have been — written debating whence McVeigh sprang and whether he was rightly convicted.

McVeigh tended to keep coy about his version of his activities on April 19, 1995,* but he was never less than frank about his philosophy.

Though his avowed motive, the Waco slaughter that occurred two years to the day before Oklahoma City, has never exactly been secret, the way he’s connected those events has also never been particularly welcome. And McVeigh would say that the fact that he suffered execution while the only parties punished in the Waco siege were the survivors makes his point.

For all its moral monstrosity, the Gulf War veteran’s critique of his violent actions vis-a-vis those the state claims legitimacy for makes discomfiting reading, and is not always so easy to answer. From our distance of time, knowing that three months after McVeigh’s execution another terrorist act to beggar Oklahoma City would propel the United States back into Iraq, it strikes eerily prescient notes.

In a 1998 essay, McVeigh savaged the government for its hypocritical posture towards the country he had once fought, Iraq:

The administration has said that Iraq has no right to stockpile chemical or biological weapons (“weapons of mass destruction”) — mainly because they have used them in the past.

Well, if that’s the standard by which these matters are decided, then the U.S. is the nation that set the precedent. The U.S. has stockpiled these same weapons (and more) for over 40 years. The U.S. claims that this was done for deterrent purposes during the “Cold War” with the Soviet Union. Why, then is it invalid for Iraq to claim the same reason (deterrence) — with respect to Iraq’s (real) war with, and the continued threat of, its neighbor Iran?

…

If Saddam is such a demon, and people are calling for war crimes charges and trials against him and his nation, why do we not hear the same cry for blood directed at those responsible for even greater amounts of “mass destruction” — like those responsible and involved in dropping bombs on [Dresden, Hanoi, Tripoli, Baghdad, Hiroshima and Nagasaki]?

…

The truth is, the use of a truck, a plane, or a missile for the delivery of a weapon of mass destruction does not alter the nature of the act itself.

These are weapons of mass destruction — and the method of delivery matters little to those on the receiving end of such weapons.

Whether you wish to admit it or not, when you approve, morally, of the bombing of foreign targets by the U.S. military, you are approving of acts morally equivalent to the bombing in Oklahoma City. The only difference is that this nation is not going to see any foreign casualties appear on the cover of Newsweek magazine.

It seems ironic and hypocritical that an act viciously condemned in Oklahoma City is now a “justified” response to a problem in a foreign land.

Another note sent shortly before his execution to author Gore Vidal travestied government warmaking talking points:

[T]his bombing was also meant as a pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the fight to the enemy. Additionally, borrowing a page from U.S. foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the U.S. hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment.

He broadcast clinical detachment in the execution itself — the first conducted by the federal government since 1963, technically imposed for the eight federal employees among his 168 victims — from his waiver of appeals to his unnervingly unblinking death mask to the stoic 19th century poem “Invictus” that formed his written (and only) final statement.

* Also — coincidentally or not — the execution date of Richard Snell in Arkansas, a militia man (and white supremacist, which McVeigh was not) who had once tried to blow up the Murrah building himself.

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1934: Three inept murderers (with a fourth to come)

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On this date in 1934, three members of a quartet that had — eventually, with Keystone Cops ineptitude — killed a vagrant in an insurance scam during the Great Depression were electrocuted at Sing Sing.

Mike Malloy, the victim of Daniel Kriesberg, Anthony Marino and Frank Pasqua (and Joseph Murphy, whose execution this day was stayed, but who followed his collaborators to the chair on July 5 of that same year), has chiseled out a weirdly Bunyanesque footnote of Americana as “the man who wouldn’t die.”*

The troubles the would-be murderers had getting rid of the 50-year-old drunk after they conned him into signing less than $2,000 worth of insurance papers are outright black comedy. The New York Daily News remembered this noteworthy homicide last year. Yes, it’s murder, but it happened 75 years ago. Go ahead and laugh.

After several weeks of feeding Malloy free liquor [in an attempt to have him drink to death], Marino noted that it was starting to cost him money. More distressing was Malloy’s health: His pallor had lifted and spirits soared courtesy of the free booze. More active measures would be required to hasten Malloy’s demise.

Murphy, a former chemist, told Malloy that some “new stuff” had come in. Malloy drank it, commented on how smooth it tasted and then collapsed to the floor. They dragged him to the back room and anticipated that they would need to pay off a physician for a “hush job” death certificate.

One hour later, a refreshed Malloy bounded back to the bar with a mighty thirst, unaffected by the alcohol Murphy had laced with car antifreeze.

Over the next few days the gang spiked Malloy’s drinks with stronger doses of antifreeze, then turpentine and, finally, horse liniment with rat poison. Malloy kept beaming and kept drinking, soaking up the good times spent with his new friends. The crew decided a switch to food would best hasten Malloy’s death.

Marino served him raw oysters – soaked in wood alcohol. After downing two dozen, Malloy was so enthused by the cuisine that he encouraged Marino to open up a restaurant. The next course included an entrée of rotten sardines mixed with tin shavings. Same result.

Next, the plotters got Malloy stupefied and escorted him to Claremont Park, stripped off his coat, and in the middle of winter opened his shirt and poured 5 gallons of water on him before dumping him into a snowbank. If poisoned liquor and food couldn’t kill Malloy, then the cold blasts of a New York winter would.

Or so they thought. The next evening, Malloy showed up at the speakeasy wearing a new suit. He had really tied one on the night before, he explained, and wound up nearly naked in the park. Fortunately, the police had found him and a welfare organization outfitted him with new clothes.

Exasperated, the gang hired a cab driver, Harry Green, and offered him $150 to run Malloy down with his vehicle. On Jan. 30, 1933, a nearly unconsciously drunk Malloy was driven from Marino’s to Pelham Parkway. Murphy stood him up in the middle of the roadway, and Green backed up his taxi two full blocks to build up enough speed to complete the job. Somehow, Malloy stumbled to safety. They then took Malloy to Gun Hill Road. This time, Green hit him.

The gang gleefully retreated to Marino’s and again waited for an announcement of Malloy’s demise. For days nothing appeared in the newspapers.

Where was he? Malloy was recovering in the hospital under a different name, having sustained a fractured skull, a concussion and a broken shoulder. The indestructible barfly returned several weeks later to the speakeasy and announced he had an awful thirst. The boys’ jaws dropped.

Now desperate, they contacted a professional hit man, but his $500 fee was too expensive. They then shanghaied another drunk, Joe Murray, stupefied him with liquor and stuffed his coat pocket with Malloy’s ID and ran him over with a cab. Murray, a substitute for Malloy in every way, recovered from his injuries after two months in Lincoln Hospital. The only way to knock off Malloy, the gang determined, was murder, clean and simple.

They finally had to stuff a rubber hose down his maw and gas him through it.

Astonishingly, this blockheaded crew came within a fingernail’s breadth of getting away with it, just as they’d gotten away with their innumerable attempted murders** — evidence, really, of just how overrated an achievement the “perfect crime” is. A little baksheesh for a death certificate with a fake cause-of-death, a quick trip to the pauper’s cemetery, and they had already set about collecting the insurance policies before anyone got suspicious.

With four shiftless conspirators and at least two other people who’d been let in on the plot, though, once the sniffing started, their goose was cooked. Soon enough, so were the killers. And it only took the state of New York one try apiece.

* The young Steven Spielberg’s Amazing Stories television show dramatized this implausible story. Why The X-Files never made use of it, no one can say.

** The Daily News reckons it at six; a 1934 New York Times piece counted 10. The investigation suggested that they’d actually done someone else for insurance before, using the winter exposure method that Malloy survived.

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1997: Henry Francis Hays, whose crime cost the Klan

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On this date in 1997, an Exalted Cyclops of the Ku Klux Klan went to Alabama’s “Yellow Mama” for lynching a black teenager.

Henry Francis Hays, son of a top Klan officer in Alabama, had vented dissatisfaction with a jury’s failure to convict a black defendant for a white policeman’s murder by grabbing and stringing up a random black, 19-year-old Michael Donald.

Hays and his 17-year-old accomplice skated for more than two years because Mobile’s finest figured a publicly hanged black man probably had it coming from some drug deal.* Only through the victim’s mother’s persistence — she got Jesse Jackson involved, which helped involve the FBI — did the real murderers feel the heat.

Before long, the Klan would wish it had stayed out of the kitchen.

After Hays’ conviction, Michael Donald’s mother brought a civil action against the United Klans of America with the help of the Southern Poverty Law Center. The $7 million liability verdict she won financially destroyed the United Klans — perpetrators of some of the 1960s’ most infamous anti-civil rights terror — and Donald was awarded its national headquarters building in Tuscaloosa, Ala.

This novel keys on the Michael Donald lynching as part of a (fictional) Mobile teen’s coming of age.

Hays wasn’t through making the sort of history he’d rather not have made.

When his turn in the electric chair finally came in 1997, he became the first white in Alabama put to death for an offense against a black in 84 years.**

Seemingly less cocksure in answering for his crime than he had been in committing it, Hays had always maintained his innocence. A few days before walking his last mile, he finally confessed to the Mobile chapter head of the NAACP.

* Michael Donald was not, in fact, involved in drugs.

** There haven’t been any other executions for white-on-black crime since Henry Hays, a span of 11 more years and 22 more executions as of this writing. (via the Death Penalty Information Center’s Execution Database)

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