2006: Saddam Hussein

One year ago today, Saddam Hussein was hanged in “the hell that is Iraq” — his riposte to the mob scene at his gallows, transmitted worldwide by way of illicit footage shot with a cell phone.

Caution: This video contains graphic footage. You knew that already.

How it was then:

Who could follow in his footsteps?

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1874: John Murphy

On this date in 1874, John Murphy was publicly hanged at the foot of Carson City’s Lone Mountain for murder.

The New York Times (.pdf) story, reprinted here in its entirety, suggests the tenor of the affair in the young western state:

John Murphy, who was executed at Carson, Nevada, yesterday, for the murder of J.R. McCallum, was a native of Scotland, and at one time traveled with John C. Heenan, giving sparring exhibitions. On the scaffold he made some remarks professing his belief in spiritualism, and at the same time uttering horrible blasphemy.

He had been temporarily reprieved December 18 to determine his sanity.

This appears to be the only historically identifiable execution in Carson City from the Nevada Territory’s creation in 1861 until the legislature in 1903 removed all Nevada executions to that city’s state prison — where they still take place to this day.

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1827: Levi Kelley

On this date in 1827, Levi Kelley suffered the last public hanging in Cooperstown, N.Y., for the September murder of his tenant Abraham Spafard.

The front of a pamphlet covering the Kelley trial. Courtesy of the Library of the New York State Historical Association, Cooperstown, N.Y., and its collection of murder pamphlets, “Man or Monster?”

Some malignant spirit determined to reduce the man to a grim irony or object lesson seemingly attended Kelley’s every step towards the gallows. His story, according to The Story of Cooperstown, begins 10 days prior to the capital crime at another public execution.

Among the spectators at this hanging was Levi Kelley of Cooperstown, who, in order to witness the spectacle, had covered a distance of 75 miles, drawn by his favorite team of black horses, a noble span, of which he was very proud. Kelley was much depressed in spirit by the dreadful scene at the gallows, and to a friend who accompanied him on the homeward journey remarked that no one who had ever witnessed such a melancholy spectacle could ever be guilty of the crime of murder.

Undoubtedly, many killers besides Levi Kelley through the annals of time also underestimated the violence of their own temper. We do not know whether he also labored under any expectation of preferential treatment, as the nephew of Cooperstown founder Judge William Cooper — which also made him the first cousin of author James Fenimore Cooper.

But what occurred at Kelley’s hanging, to which that same team of proud black horses drew him this day, made a niche in history all his own, and made both the murderer and his executioners unwitting instruments of at least two more deaths. A local balladeer described the scene:

December on the twenty-eighth
Did Levi Kelley meet his fate;
This awful scene I now relate
Caused thousands there to fear and quake.

Though wet and rainy was the day,
The people thronged from every way;
With anxious thought each came to see
The unhappy fate of poor Kelley.

The day was come, the time drew near,
When the poor prisoner must appear;
The officers they did prepare,
And round him formed a hollow square,

That they with safety might convey
Him to the place of destiny;
The music made a solemn sound
While they marched slowly to the ground.

A scaffold was erected there,
And hundreds on it did repair,
That all thereon might plainly see
The unhappy fate of poor Kelley.

Before they bid this scene adieu,
An awful sight appeared in view.
See, hundreds with the scaffold* fall!
And some to rise no more at all

Till the great day when all shall rise,
To their great joy or sad surprise,
And hear their sentence “Doomed to Hell,”
Or, “With the saints in glory dwell.”

The wounded here in numbers lie,
And loud for help now some do cry
While others are too faint to speak,
And some in death’s cold arms asleep.

One man’s skull was crushed. Another spectator was carted away alive, but mortally injured.

Nineteenth century homo Americanus might count it a credit to pragmatism, even to consistency, that the spectacle of grisly public death was not the sort of thing to interrupt a hanging.

The fatal collapse of the spectators’ grandstand only delayed the execution by the space of time necessary to restore order. The disturbance may even have offered the condemned man some relief from his own fright in compassion for the woe beneath him.

“Who are killed and how many are injured?” the shaken man asked, surveying the wreckage from his gibbet as the noose was readied for his throat.

* The audience’s “scaffold” — not that of Kelley.

Part of the Themed Set: The Spectacle of Public Hanging in America.

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1739: Penelope Kenny and Sarah Simpson

On this date in 1739, Penelope Kenny and Sarah Simpson were publicly hanged in colonial New Hampshire for “feloniously concealing the death of a[n] … infant bastard child.”

The first people — male or female — executed in New Hampshire history had separately disposed in August 1739 of their respective newborns. Unluckily for them, some never-discovered third woman did the same thing around the same time much less adroitly … and her dead infant was found in a well.

The ensuing investigation uncovered (in one case by the forcible ministrations of a midwife team) the recent pregnancies of this day’s victims, and though Simpson claimed her child was miscarried, she still fell under a law making a capital crime of covering up the death of a baby.

Today, Executed Today interviews New Hampshire historian Christopher Benedetto, whose research situates Kenny and Simpson in the context of their times:

In provincial New Hampshire, as was common across colonial America, the punishment of fornication and bastardy was harsh, and the stigma that followed could cost a working class woman her livelihood. When Penelope Kenny and Sarah Simpson gave birth in August 1739, they both knew that the physical product of their sexual improprieties must be concealed. It was an awful decision to have to make, but in their minds “infanticide might have seemed a matter of survival.” The discarding of illegitimate children, however, seems to have been an issue in New Hampshire long before 1739. In 1714, the General Assembly passed “An Act to Prevent the Destroying and Murdering of Bastard Children,” which declared

Whereas many lewd women that have been delivered of Bastard children, to avoid shame and escape punishment, do secretly bury or conceal the death of their children…Be it therefore enacted…that if any woman be delivered of any Issue of her body, male or female, which if it were born alive should by law be a Bastard; and that she endeavor privately either by drowning or secret burying thereof…so to conceal the death thereof that it may not come to light, whether it were born alive or not but be concealed. In every such case the Mother soe offending shall suffer Death…except such Mother cann make proof by one witness at least, the Child whose death was by her so intended to be concealed was born dead.

Executed Today: The first hanging in New Hampshire didn’t happen until 1739?!

Christopher Benedetto: There were plenty of capital laws and there definitely were cases where people were tried for their lives, but why it took so long … they had crossed some sort of a boundary. I’m sure the loss of so many children only a few years before [in a diphtheria epidemic] made these crimes that much more shocking.

ET: You’re working on a book on crime in New Hampshire.*

CB: The criminal history of Massachusetts has been studied for so long, but there’s really nothing like this for New Hampshire at all. And there’s so much there. There’s a whole chapter in the book on infanticide and child murder.

ET: What’s the perspective you get working deeply in a local milieu?

CB: I think having grown up here, my own family I’ve been able to trace back to the 1650’s in Massachusetts … it’s always been a big part of my life.

I like being able to go to different sites where these things actually happened. I think that’s true for any historian — you’re drawn to the specific places. The town I grew up in, Ipswich, they have plaques of people who lived there. Anne Bradstreet‘s house is still there.

I could walk on a lot of the streets or at least go to some of the places where these things took place.

But to me, history is about people. It’s about passions. To me, these people are so much like us today. Human nature has not changed a lot over the years.

ET: Does that lead to any conclusions on the death penalty in general?

CB: It’s one of the few things that’s as controversial now as it was two, three hundred years ago. I don’t think capital punishment prevents crime. I do think there are certain instances where the crime is so heinous, so bad — I don’t know, I’m sort of in the middle on it. I think we should reserve the right to do it, but does it improve our society at all?

ET: What advice would you have for a young person about being a historian? What’s the historical method for you?

CB: I would say, just be curious. You’ve got to be relentless. You’ve got to go after what you’re passionate about — nobody wants to do research about something they’re just not interested in.

To me, I love writing, but I think one of the most thrilling parts can be when you’re sort of on the hunt. I kind of see being a historian — and not just professionally; anyone who’s researching a family history — you’re almost like a quilter. You’re taking all these little pieces of fabric and just trying to create a whole picture. That might be my favorite part, taking all those pieces of information and just putting them together.

It’s not that nobody had ever written about that execution [of Kenny and Simpson] before, but maybe nobody had taken all that information and just kind of put it together in that way. You’re not always going to have something 100% new to say, but you might present it in a way that casts a new light or makes somebody think about it differently.

* Tentatively titled Gruesome Stories from the Granite State with an anticipated release in 2009 through regional press Commonwealth Editions.

Part of the Themed Set: The Spectacle of Public Hanging in America.

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1862: 38 Sioux

On this date in 1862, 38 rebellious Sioux were hanged in Mankato, Minnesota, in the largest mass execution in U.S. history.

Fully 303 had been condemned to die in drumhead trials after the five-week Dakota War, one of the numerous native conflicts sparked by the march of European settlers across North America.

Abraham Lincoln — in a political risk — commuted all but 39 sentences* adjudged “to have participated in massacres, as distinguished from participation in battles,” essentially defining a special category for what today might be considered “war crimes.”

Lincoln had more pressing business on his hands, to be sure, but seems to have been affected by the plight of the natives that drove them to wage hopeless war on encroaching settlers:

“[Bishop Henry Whipple] came here the other day and talked with me about the rascality of this Indian business until I felt it down to my boots. If we get through this war, and I live, this Indian system shall be reformed!”

Fateful “if” — but politicians say many things, after all, and it was long before Lincoln went to Ford’s Theater that the tribes had been forced out of Minnesota, scattered to wasteland reservations and subsequent clashes with the American army.

On this day, all that doleful future was prefigured in the 38 who hanged together in what is now Mankato’s Reconciliation Park, an event that after a century’s time has become a moment for commemoration.

Two academics’ pages on the Dakota War and its aftermath are here and here.

*One of those was subsequently spared over uncertainty of the evidence against him.

Part of the Themed Set: The Spectacle of Public Hanging in America.

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1974: Charles Dean and Neal Sharman

On or about this date in 1974, a young American traveler — or perhaps intelligence agent — named Charles Dean and his Australian friend Neal Sharman are believed to have been executed in Laos by the Pathet Lao guerrillas.

The 23-year-old Dean was in the midst of a protracted post-university globetrotting when he was apprehended with his friend traveling down the Mekong River in the war-torn country. They were held in captivity for three months — long enough for the family to learn they were detained, and Dean’s father to fly to Laos to negotiate in vain for his release.

Charles Dean’s older brother Howard, perhaps the most prominent death penalty survivor in the United States, subsequently became governor of Vermont and is now chairman of the Democratic Party’s chief national organ.

Coincidentally, it was also at about this point of the 2003-04 presidential election cycle that Howard Dean, then the frontrunner for his party’s presidential nomination, learned through DNA analysis that remains recovered in Laos were indeed those of his brother. Twenty-nine years after his execution, Charles Dean was repatriated and buried with military honors.

Dean had remembered the loss in his campaign autobiography:

[Charlie] wrote me a letter about what it was like to sit outside his bungalow [in Laos] at night, listening to the thump of distant artillery and the muffled explosions as the shells hit the ground. I almost wrote him back, saying, “What are you thinking? Get out of there — it’s not safe.” Then I reminded myself that he was a twenty-three-year-old who was capable of making these judgments himself. I’ve often wished I had written that letter, although I don’t think he would have changed his mind had he read it.

There was speculation that Charlie was in Laos because he was working for the CIA and I think my parents believed that to be the case. Personally, I don’t think he was employed by the U.S. government in any capacity, but we’ll probably never know the answer to that question.

Charlie’s capture and death were the most traumatic events of my life. They have eaten at me ever since. You never get over something like this; all you can do is live with it. It was awful for my two other brothers and me, and it was far worse for our mother and father. It was so painful for my father that he rarely spoke of it afterward.

One of the feelings that accompanies survivor’s guilt is anger at the person who was killed. You are angry because your loved one left you with this terrible loss. I had never understood why Charlie had gone to Laos and stayed there so long.

I often think about the courses our lives might have taken had Charlie been around. One thing is certain: I’m sure that, had he lived, he’d be the one running for president and not me.

Update: Gov. Dean’s December 2012 tweets on his family’s loss:

@executedtoday It was Dec 14. Charlie was my younger brother. He would have turned 63 on April 5, 2013. view original

@executedtodayHe was likely killed by North Vietnamese operating inside Laos. I have been to the site of his execution thanks to JTFA view original

Australian Neil Sharman was captured with him in September, 1973 and also died with him 38 years ago today view original

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2006: Angel Diaz

On this date one year ago, Angel Diaz suffered lethal injection for the 1979 murder of a topless bar manager.

And “suffered” was the word. The procedure was botched, and Diaz took 34 minutes — and a second dose of the lethal three-drug cocktail — before dying, with chemical burns left on both arms.

The incident provoked an immediate media storm and a moratorium on executions in Florida pending the perversity of public servants molding killing procedure by committee. As a result, Diaz remains the last person executed in Florida, and 2007 will be the first year since 1982 that the Sunshine State puts nobody to death.

The debacle in Florida has been a microcosm for the nation. Lethal injection as an execution protocol was by this time last year already facing growing scrutiny. It was immediately apparent that Diaz’s execution could spell serious trouble for the American death penalty’s legal machinery.

And indeed that machinery has now ground to a halt, if only a temporary one. Facing judicial confusion, the Supreme Court is weighing a potential landmark case on the constitutionality of lethal injection, with actual executions — at least involuntary ones — under a de facto moratorium for months yet to come.

That same disquiet is setting down legislative as well as judicial milestones: New Jersey is poised to has this very day become the first American state to abolish the death penalty since 1965.

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2001: Lois Nadean Smith

On this date in 2001, Lois Nadean Smith was executed by lethal injection in Oklahoma for the murder of her son’s ex-girlfriend.

By the standards of the 1,099 executions in the “modern” death penalty in America — those since the 1972 Furman v. Georgia Supreme Court decision — very little especially distinguished Smith‘s case.

Sentenced some 19 years before her death, she had committed a single horrifying and rather tawdry kidnapping and murder. Her guilt was in no question, although she stood trial along with her son — who received a life sentence — and would later argue on appeal that their lawyer had pursued a defense intentionally shifting blame onto her in order to save him.

As a woman, though, Smith was inherently an oddity. This date completed a remarkable year in which Oklahoma, having not put any woman to death since 1903, emptied its women’s death row with three such executions.

Including those three, only eleven women have been executed in the United States since Furman — or, indeed, since the Kennedy administration. There had been no calendar year in which three women were executed in the entire country since 1953 … and no single state had executed three women in one year since Virginia when the women in question were property.*

According to the Death Penalty Information Center:

Death sentences and actual executions for female offenders are also rare in comparison to such events for male offenders. In fact, women are more likely to be dropped out of the system the further the capital punishment system progresses. Following in summary outline form are the data indicating this screening out effect:

  • women account for about 1 in 10 (10%) murder arrests;
  • women account for only 1 in 50 (2.1%) death sentences imposed at the trial level;
  • women account for only 1 in 70 (1.4%) persons presently on death row; and
  • women account for only 1 in 90 (1.1%) persons actually executed in the modern era.**

At the end of a chain of improbabilities, Smith apparently met her death with composure. “To the families, I want to say I’m sorry for the pain and loss I’ve caused you,” she said from the gurney. “I ask that you forgive me. You must forgive to be forgiven.”

* See charts of female executions through 1962 and since 1900, both courtesy of the comprehensive Espy file of all executions in American history.

** This calculation appears to be slightly dated, with women currently accounting almost exactly 1 in 100 persons actually executed. The last 117 American prisoners executed have all been men.

(All stats are as of publication date in December 2007)

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1915: Joe Hill

On this date in 1915, songwriter, poet and labor activist Joe Hill was shot in Utah for the murder of a local butcher.

Even before his execution, the Swedish immigrant was widely thought to have been railroaded for his IWW affiliation.

Though state authorities had little use for the worldwide clemency bid whose backers included U.S. President Woodrow Wilson — powerless to intervene officially, since the execution was a state matter — Hill walked spryly into his martyrdom. The strange post-mortem career of his totemic ashes is the least of the ways Hill lives on.

His dauntless last message to fellow Wobbly Bill Haywood — “Don’t waste any time mourning. Organize.” — is a permanent fixture on pins and placards among every stripe of left activist. The songs he wrote remain in print — and in performance.

And the Depression-era tribute ballad “I Dreamed I Saw Joe Hill Last Night” can seamlessly serenade ripped-from-the-headlines footage, as a Paul Robeson rendition does in these clips of 1998 protests against then-New York City Mayor Rudy Giuliani.

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1831: Nat Turner

On this date in 1831, the slave Nat — remembered to history as Nat Turner after the surname of his original owner — was hanged, flayed and dismembered for leading the most notorious slave rebellion in antebellum America.

A deeply religious man known to other slaves as “The Prophet”, Nat followed what he took to be divine directive to launch a bloody uprising on the night of August 21-22 in Southampton County, Virginia. Using (at first) axes, knives and clubs to avoid attracting attention to gunfire, Nat’s band slaughtered whites from house to house, freeing slaves as they went. At least 55 whites were killed, and a like number of slaves by white militias that mobilized to put down the revolt … and then hundreds more slaves as far away as North Carolina suspected of some tangential involvement or simmering disloyalty.

The uprising was suppressed within two days, but it rooted so deeply in the conscience of the South that it persists to this day.

“I have not slept without anxiety in three months. Our nights are sometimes spent listening to noises.”
-Slaveowner after the rebellion

Nat Turner embodied slaveowners’ terror of the subject population living about them, outnumbering them, resentfully supporting Southern gentility at the end of a whip — the conundrum Jefferson had described barely a decade before as “we have the wolf by the ear, and we can neither hold him, nor safely let him go.” Arguably, the revolt hardened southern whites against moderating slavery; some legislatures tightened restrictions against teaching slaves to read, thinking that literate slaves like Nat were more liable to uprisings.

Conversely, he was a powerful martyr of resistance in the slave quarters, a symbol of scores of other lesser-known uprisings and of the countless more that lurked in dreams and fantasies, awaiting some spark of outrage, some sudden opportunity, some wild carelessness of death.

He was a figure of literature even before his death — The Confessions of Nat Turner, dictated to a white interrogator, left Nat’s own riveting testimony from the shadow of the gallows; the Virginia-born white novelist William Styron used the same title for a controversial 1967 historical novel which earned a Pulitzer but drew a critical rebuttal from many black writers. (Nat Turner also stalks the memory of Styron’s semi-autobiographical narrator in Sophie’s Choice.) More recently, Nat has received graphic novel treatment.

Historians of every stripe, meanwhile, have struggled over the meaning of the man’s deeds and — especially — his paradoxical legacy as symbol.

Update: The occasion received a tribute in Alabama about the time this post went up.

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