Category Archives: USA

1964: Jack Ruby condemned

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On this date in 1964, Dallas nightclub owner Jacob Rubenstein — notorious to history as Jack Ruby — was condemned to the electric chair for the dramatic live-televised murder of accused John F. Kennedy assassin Lee Harvey Oswald, captured by snapping shutters in one of the 20th century’s indelible images.

Ruby would never sit on that mercy seat.

For one thing, his punishment arrived as the American death penalty lulled into hibernation. Had he lived his sentence eventually would have been vacated by the 1972 Furman v. Georgia ruling. But instead of seeing that juridical landmark, the enigmatic Ruby died in prison inside of three years, awaiting retrial after an appeal.

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2016: Coy Wayne Westbrook

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Going to his death on this date in 2016, Texas mass murderer Coy Wayne Westbrook was anything but.

I want to say that I’m sorry for the pain that I have caused you people. I’m sorry I can’t bring everybody back. I wish things could have been a lot different …

I can understand your outrage and why you are mad at me. God be with all of us.

He’d had a lot to say over the years about the incomprehensible quintuple shooting that brought him to that moment, a moment he claimed to be “looking forward to.”

Hoping to reconcile with his ex-wife, Gloria Jean Coons, Westbrook joined her at a small party at her Channelview, Texas, apartment. After several drinks, he says — and he’s the only witness remaining — he was incensed when Coons took two different men to the bedroom at which point Westbrook, to use the clinical term, flipped his shit.

“You hear all your life if you catch your old lady in bed with somebody, don’t just shoot her but shoot her lover too,” Wesbrook informed journos. “In her case, there was a bunch of lovers. I just took care of my business.” And also he had to shoot the other two people there when they came running at him for some reason.

The victims were Coons, 37; Diana Ruth Money, 43; Anthony Ray Rogers, 41; Antonio Cruz, 35; and Kelly Hazlip, 32. The state would argue that our man was being, well, coy about the degree of calculation in this rampage.

“As I saw her collapse and die, the spell was broken,” he said of Coons. “I could see her for what she was. I no longer found her attractive.”

In a different interview Westbrook said that he’d “regretted everything a trillion times.” But he struck a less penitent note in conversation with the television program 60 Minutes, saying that “I’m a victim in this as well as everybody else.”

The man’s already quite extensive roster of “everybody else” fortunately never came to include Westbrook’s first (pre-Coons) ex-wife, upon whom he allegedly tried to put out a hit while in jail.

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1882: Dead Shot, Dandy Jim and Skippy, mutinous Apache scouts

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On this date in 1882,* the U.S. Army hanged three White Mountain Apache scouts as mutineers.

This small tragedy in the long-running Apache Wars of the American Southwest had its seeds in the 1870s, when the Army forced onto the San Carlos reservation several bands of Apache peoples, including the Chiricahua, Yavapai, and the Western Apache nations of Tonto, White Mountain, and Cibecue.

The concentration proved potent, unexpectedly so since the tribes in question were not all on friendly terms with one another.

Noch-ay-del-klinne (many other transliterations are possible), an influential White Mountain medicine man of 36 summers or so — and a man who had been to Washington DC with a peace delegation and laid his own eyes on the encroaching industrial civilization — began cultivating something very like a ghost dance for the San Carlos Indians.

Though the ghost dance is most closely associated with the Lakota Sioux, several years and several hundred kilometers’ distance from the Apache of Arizona, the movement actually originated among the much nearer Nevada Paiute. Incarnations of ghost dancing throughout the American West gave a millenial expression to indigenes’ shared trauma of defeat, displacement, and death.

Noch-ay-del-klinne’s rituals were called Na’Ilde’, meaning raising from the dead,** and his prophesy that lost comrades would rise from their graves and the white man would vanish from Apache lands when the corn was ripe, spoke to that trauma for the denizens of the San Carlos reservation — and alarmed the U.S. Army troops stationed at nearby Fort Apache. Especially troubling was the “fraternizing that went on between tribes and elements of tribes which had always held for each other the most deadly aversion,” in the words of the later memoir of Thomas Cruse, who commanded the army’s company of native Apache scouts. He had granted leave for some of his scouts to attend these dances and didn’t like what he saw when they returned.

After the medicine dances began around the post I noticed a change. Generally they [the scouts] are very ready to communicate anything they know or may have seen, but after these dances they became very uncommunicative and would not tell anything that was going on among the other Indians or among themselves … when they came back they were not only exhausted and unfit for duty, but they showed surliness and insubordination. They grumbled constantly and made vague remarks about the country being theirs, not ours. Dozens of small incidents showed that something, or someone, was giving them new thoughts.

Cruse gave a grim — and as events soon proved, sound — assessment of his men’s unreliability: “he entirely distrusted his scouts in event of the rising of the White Mountains and believed all or nearly all would go with the enemy.” But the affirmative reply to Cruse’s plea to discharge the unit was delayed due to telegraph problems by the time that unit set out with Col. Eugene Asa Carr on an August 1881 mission to arrest Noch-ay-del-klinne.†

This incursion, which will set in motion dozens of untimely deaths, was entirely aggressive, justified by no act of overt hostility by the Apache. Although Cruse was writing many years after the fact, his complaints about his subalterns’ “surliness” and “new thoughts” have the ring of the boss’s know-your-placeism, as directed in this same period at social insubordination elsewhere in the American experiment — at organized labor, for example; or at Black men and women.

The army found the medicine man and took him into custody on August 30. That evening, as the troop bivouaced down for the night, Apaches began gathering ominously beyond their fringes. They were visibly armed, and unhappy about the unprovoked seizure of Noch-ay-del-klinne; according to an oral history relayed by Tom Friday, the orphaned son of one of the men destined for the gallows in this post, “All Cibecue Indian people know that the soldiers were coming. They were ready for them. They were ready to fight. They sent word to all Indians, ‘Come, clean your guns; get ready.’ … The Indians were very angry: they had done no wrong and could not understand why the soldiers would come.”‡

Whether upon an arranged signal or merely the alert of the sort of random confrontation this situation invited, those Apaches started firing at the army camp — and as Cruse had anticipated, his scouts in the breach adhered to their people, not the flag.

The Battle of Cibecue Creek could easily have wiped out the expedition, for as one of their number named William Carter later wrote, there were at the outset of “more than 100 Indians besides the scouts in camp, and less than forty dismounted men engaged in a hand-to-hand conflict.”

In averting catastrophe, Carr was one of four U.S. soldiers to earn the Medal of Honor for gallantry in the battle, repulsing the hostiles from the camp and scrambling his surprised men to hold off any further attacks until night dispelled the combatants. He also had Noch-ay-del-klinne summarily shot during the fight. Carter again:

Before leaving the field Colonel Carr sent Lieutenant Carter to examine the body of the Medicine Man and determine if life was extinct. Strange to say, notwithstanding his wounds [he’d been shot in the head -ed.], he was still alive. The recovery of this Indian, if left in the hands of his friends, would have given him a commanding influence over these superstitious people, which would have resulted in endless war. Colonel Carr then repeated the order for his death, specifying that no more shots should be fired. Guide Burns was directed to carry out the order with the understanding that a knife was to be used. Burns, fearing failure, took an ax and crushed the forehead of the deluded fanatic, and from this time forward every person murdered by these Apaches was treated in a similar manner.

Carr’s bloodied expedition proceeded that night upon a forced march for the safety of Fort Apache, reaching it the following afternoon — although “many of the Indians had preceded the command, and all night they were haranguing in the vicinity. They covered the roads and trails, and killed a number of citizens.” The fort came under a brief siege in the ensuing days, and hostilities in the resulting regional uprising dragged on for two years, concluding with the outcome customary for the Apache Wars.

Four of the absconded scouts were arrested in the months ahead and tried at court-martial. (Other captured Apache who were not enlisted in the army were not prosecuted for the firefight.) A Private Mucheco was sentenced to hard labor at Alcatraz. The other three, sergeants jauntily known to the whites as Dead Shot, Dandy Jim, and Skippy,

On the appointed day, per a detailed report in the New York Herald (March 4, 1882),

Wagons of all descriptions loaded with men anxious to see the execution of the Indian scouts, Dead Shot, Dandy Jim and Skippy, came pouring into this place from Wilcox, Thomas, Safford and all points from very early this morning. The time not being known at which the event would take place, there was a state of suspense until the moment arrived for the execution. The gallows was erected in front of the guard house and was fourteen feet high, with a platform six feet four inches from the ground and a distance of seven feet four inches from the floor to the gallows pole. The whole measured twelve feet in length by eight feet wide. The rope used was three-quarters of an inch thick and the drop was four feet six inches.

Dandy Jim, from this forum thread.

[On the scaffold] Dead Shot said he had nothing to say. What was being done was correct. He would probably meet his people. He had suffered much in this world and now he was through and would see his people. Since he first saw white men he had been well treated. He had plenty to eat and plenty of clothes, but this day paid for all he got from the white men. He also said Dandy Jim was a nephew and Eskiticha, or “Skippy,” a cousin of his. He had seen a good many of his people die and did not know where they went, but he was going to follow. He thought there was no use in dressing an Indian up as he was and then hanging him. When he came into San Carlos, if he had done anything wrong, he would not have given himself up, yet he gave up his rifle and the twenty rounds of ammunition that were furnished him at Camp Apache.

Dandy Jim said he had to be hanged, as such were the orders. He could not talk much. It was no use to beg for his life, as people would only laugh at him for his trouble. Eskiticha said: — “The sun is going down, and God is looking after me.” He did not think they were doing right, as he had never done anything to warrant being hanged.

The chaplain, Rev. A.D. Mitchell, then repeated a short prayer, which was interpreted by Merijilda, when all retired from the scaffold, except the hangman, a military prisoner. The black caps were then placed over the heads of the men, and at one o’clock the drop fell. Death was instantaneous in the case of Dead Shot and Eskiticha; Dandy Jim quivered once or twice. After being allowed to hang about twenty minutes they were cut down and pronounced dead by the doctors.

* The same date as an unrelated Mississippi double hanging, previously covered in these pages.

** According to John R. Welch, Chip Colwell-Chanthaphonh and Mark Altaha in “Retracing the Battle of Cibecue: Western Apache, Documentary, and Archaeological Interpretations,” Kiva, Winter 2005. Noch-ay-del-klinne had some exposure to Christian doctrine, which seems present in his own movement’s interest in resurrection.

† Also in the scouting party for this mission was famed frontiersman and eventual Executed Today client Tom Horn.

‡ Thomas Friday’s full account of this affair — which is a second-hand version, since Friday himself was a small child at this time — comes courtesy of William B. Kessel in “The Battle of Cibecue and Its Aftermath: A White Mountain Apache’s Account,” Ethnohistory, Spring 1974.

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1888: Oscar Beckwith, the Austerlitz Murderer

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On this date in 1888, the “Austerlitz Murderer” — not a Napoleonic figure but an irascible septuagenarian woodsman — hanged in New York.

Oscar Beckwith’s crime, explains the New York Herald of Jan. 18, anticipating the sixth issuance of his sentence for this crime,

was the killing of Simon A. Vandercook at Austerlitz, Columbia county, in January, 1882. Both men were wood-choppers and quarrelled over a supposed gold mine near the town. The victim’s body was found in Beckwith’s hut, portions of it having been burned.* Beckwith fled to Canada and eluded capture until February, 1885. He was extradited, and while in custody admitted the killing, but claimed that it was done in self-defence.

That same paper four days afterwards informs us that he favored the court on this occasion with an “excited tirade” blaming the affair on “Freemason devils” as he was hauled back to his cell, where “he kept up a running invective against everybody who had any connection with his case.”

* More specifically, after suspicions were aroused by the awful smell belched by Beckwith’s stovepipe, the body was found hacked up and stashed under Beckwith’s bed, save that “the head, one hand and a foot were gone. The teeth were found in the ashes of the stove.” (Troy Weekly Times, March 1, 1888) This grisly pile spurred (likely baseless) rumors of cannibalism; he’s also sometimes tagged the “Austerlitz Cannibal”.

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2000: Ahmad Ismail Uthman Saleh and Ahmad Ibrahim al-Sayyid al-Naggar, renditioned

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On this date in 2000, Egypt hanged two Islamic militants whom it had been torturing for months. They were signal early victims of the U.S. Central Intelligence Agency’s program — more (in)famous after the September 11 freakout but in fact long predating it — of “extraordinary rendition”.

“Rendering” — chill word — involves kidnapping a target and transferring him to some other country, and it enables the state(s) in question to sidestep strictures at both ends of the pipe. When first authorized by U.S. President Bill Clinton in 1993, the proposed kidnapping of a militant was endorsed by Vice President Al Gore in these words:

That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.

Over the course of the 1990s, quibbles about international law would fade from the discussion, and “renderings” became routine, albeit still secretive.

“The fact is,” wrote former National Security Council counterterrorism official Richard Clarke, “President Clinton approved every snatch that he was asked to review. Every snatch CIA, Justice, or Defense proposed during my tenure as [Counterterrorism Security Group] chairman, from 1992 to 2001, was approved.”

Nor did they remain merely tools to make an extra-legal “arrest” for the benefit of American courts — as was the case when Gore purposed to “grab his ass.”

According to Stephen Grey’s history of the rendition program, Ghost Plane, the CIA by by the mid-1990s had a growing presence in Europe, particularly the Balkans as Islamic militants began congregating. With the 1998 onset of the Kosovo War, Langley moved from watching to … rendering.

And in this case, that meant grabbing asses for Egypt, where those asses would certainly be tortured.

Members of Egyptian Islamic Jihad, including the two men whose hangings occasion this post, Ahmad Ismail Uthman Saleh and Ahmad Ibrahim al-Sayyid al-Naggar, were kidnapped from Tirana, Albania in June 1998. They were then blindfolded, loaded onto a private plane, and flown to Egypt where they vanished for many months into the rough hands of its state security organ. Naggar, according to a lengthy November 20, 2001 Wall Street Journal story by Andrew Higgins and Christopher Cooper,*

was nabbed in July 1998 by SHIK on a road outside of town. He, too, was blindfolded and spirited home on a CIA plane. In complaints in his confession and to his defense lawyer, Mr. Abu-Saada, Mr. Naggar said his Egyptian interrogators regularly applied electrical shocks to his nipples and penis.

Mr. Naggar’s brother, Mohamed, said in an interview that he and his relatives also were — and continue to be — harassed and tortured by Egyptian police. He said he had suffered broken ribs and fractured cheekbones. “They changed my features,” Mohamed Naggar said, touching his face.

Naggar also complained of being hung from his limbs and locked in a cell knee-deep in filthy water. One of four Tirana militants captured in this operation, Naggar’s torture would yield crucial evidence for the 1999 “Returnees from Albania” mass trial,** and indeed his confessions still remain an essential primary text on the movement of Islamic extremists in the 1990s.

As for Saleh,

in August [1998], Albanian security agents grabbed him outside the children’s park. During two months of detention in Egypt, he was suspended from the ceiling of his cell and given electrical shocks, he told his lawyer.

Both these men were executed on February 23, 2000, in connection with terrorism-related death sentences that had been handed down in absentia prior to their kidnappings in Albania. All of the nine death sentences issued by the Returnees from Albania trial were applied to absent defendants, notably including Al Qaeda bigwig Ayman al-Zawahiri — a man who himself perhaps owes a large measure of his radicalization to Egyptian torturers.

CIA Director George Tenet testified in 2002 that his agency “had rendered 70 terrorists to justice” all told prior to September 11, 2001 (source). Most of the known third-country renditions of that period went to Egypt.

* As an index of the historical moment, it’s editorially interesting that this 3,600-word investigation ten weeks after 9/11 chooses to give its last word to an Egyptian state spokesman.

Egyptian presidential spokesman Nabil Osman said of such mass prosecutions: “Justice is swift there, and it provides a better deterrent. The alternative is to have cases of terrorism in this country dangling between heaven and earth for years.”

Mr. Osman brushed off torture claims by members of the Tirana cell, without commenting directly on their validity. Egypt permits alleged torture victims to seek remedies in civil court, he said. Members of the Tirana cell, however, have been held incommunicado with no way to file suit.

“Forget about human rights for a while,” Mr. Osman said. “You have to safeguard the security of the majority.”

This article was published right around the time the CIA captured Ibn al-Shaykh al-Libi, who was himself soon rendered into Egyptian hands so that he could be tortured into “confessing” a spurious link between Saddam Hussein and Al Qaeda; the “safeguarders” then shamelessly cited this absurd product of the rendition program as justification for the approaching Iraq debacle.

** Despite the nickname, not all “returnees” had been captured from Albania; others had been taken from Kuwait, Saudi Arabia, Yemen, and other countries. There were also 64 people charged in absentia.

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1896: Ivan Kovalev, Russian meddler

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On this date in 1896, Russian refugee Ivan Kovalev was hanged for a Sacramento double murder.

Kovalev and nine other Russian convicts had in 1893 fled from the most remote and dreaded of Russia’s Far East penal colonies, Sakhalin Island.

They might have met Anton Chekhov when he visited in Sakhalin in 1890 to compose the investigative articles that would become his book Sakhalin Island, one of the great pieces of journalism of his time. “Utter hell,” the great playwright mused of that brutal and befogged colony. “I feel that if I were a convict, I would escape immediately, whatever the consequences.”

Kovalev and nine mates felt exactly the same and they did it in the form of a downright suicidal flight from Sakhalin’s abyss in an open launch ventured into the Pacific in hopes of reaching Japan. They were on the brink of succumbing to their privations when they were miraculously picked up by a San Francisco-based whaler, the Charles W. Morgan.**

The convicts claimed that they were escaped political prisoners, a demographic that enjoyed western sympathy; there’s every chance that they were actually violent criminals but their tale of woe in the bowels of tsardom was persuasive and times being what they were a background check with the nearest consulate was not an option. The Sakhalin escapees were allowed to stay in California.

On December 30, 1894, about sixteen months after they drew their last moldy Sakhalin rations, Kovalev with two accomplices† bashed the brains out of the aged grocer F.H.L. Weber and his wife with an axe so that they could rob his store. Chekhov? Make that Dostoyevsky.

It took several months to zero in on the perpetrator but once the conviction was secured, indignant Sacramentans applied in record numbers for passes to attend the hanging, such “a spirit of enmity and hatred toward this son of far-away Russia” having been aroused by the horrid circumstances of the butchery that “it is evident that a spirit of satisfaction is abroad in the community at the thought that … Ivan Kovalev will expiate that crime with his life.”

* The New York Public Library hosts a digital collection of photos of the Sakhalin penal colony, here. Others can be browsed at the Sakhalin Regional Museum site.

** The Charles W. Morgan had an 80-year service history; it’s been restored and can be visited in Mystic, Connecticut.


1971 U.S. postage stamp commemorating the Charles W. Morgan‘s preservation.

† The accomplices don’t figure in the execution story: one was mortally wounded in an unrelated subsequent robbery, prior to Kovalev’s arrest; the other wound up serving time for burglary.

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1948: Thomas Henry McGonigle, murder without a body

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

The Latin legal term corpus delicti literally translates to “the body of the crime,” and many people are under the impression that it means the actual corpse of a murdered person and that no one may be convicted of murder without the victim’s body.

This is erroneous. Although it is true that no person can be convicted of murder without the corpus delicti, the term doesn’t mean the murdered person’s body but rather the body of evidence that proves a crime has been committed. Every criminal case must have the corpus delicti and, in most murder cases, that includes the victim’s body … but it doesn’t have to.

In the United States, murder-without-a-body prosecutions are not unheard of and happen with increasing frequency due to the advancement of forensic technologies like DNA analysis. Tad DiBiase, a former federal prosecutor, even wrote a book about them, titled No-Body Homicide Cases: A Practical Guide to Investigating, Prosecuting, and Winning Cases When the Victim Is Missing, which includes an appendix of over 400 cases.

On this day in 1948, Thomas Henry McGonigle was executed in California’s gas chamber in what was one of the earliest, perhaps THE earliest no-body homicide prosecution in the state. His victim was a fourteen-year-old high school sophomore named Thora Afton Chamberlain, and her body was never found and is believed to have been washed out to sea.

The prosecution would later call the case “one of the best organized and most intense investigations in the annals of the crime of kidnapping and murder.”

McGonigle, a married construction laborer with an arrest record for a variety of crimes including assault with intent to commit rape, was waiting in his car outside Campbell High School when classes ended for the day on November 2, 1945. Thora’s classmates saw her talking to him, and he offered her a job: he needed someone to babysit his sister’s children. It would only be for half an hour, he said.

For whatever reason, Thora trusted the stranger. Perhaps it was because he was dressed respectably in a Navy uniform with medals, including a Purple Heart. She didn’t know they weren’t his, that he’d never been in any branch of the military. He’d stolen the clothes and medals six weeks earlier.

Thora Chamberlain was never seen again after she got into the strange man’s car. McGonigle was an immediate suspect because of his record, and several witnesses identified him from a photo lineup, but in the immediate aftermath of Thora’s disappearance he skipped town.


Murderer and victim.

McGonigle told his wife he was taking a bus to Los Angeles, but in fact he hitchhiked to Illinois where his father lived. The FBI kept on his trail as he drifted across the country, registering in hotels under alias names. Finally he took an overdose of sleeping pills while on a bus bound for San Francisco, and was semiconscious on arrival. The Feds were waiting for him, but instead of jail they had to take him to the hospital for treatment. He was arrested upon discharge.

In custody, McGonigle gave a series of statements admitting culpability but providing wildly differing details as to what happened. He’d stabbed Thora. He’d shot her. He’d strangled her. She’d jumped from his car and was fatally injured. Her death was an accident. He hadn’t killed her at all; she was alive and well and working as a prostitute.

Although the entire truth about what happened is only known to Thora and her killer, the shooting story has the most evidence to support it.

McGonigle said he had shot Thora in his car and the bullet passed through her and got stuck in his car door. He said he’d removed the bullet and buried it under a certain tree in his yard, and also ripped out the vehicle’s bloodstained padding and upholstery and buried it near the construction site where he worked. There was a bullet hole in the door of McGonigle’s car, police recovered the bullet from under the tree where he said it would be, and ballistics later proved it had been fired from a .32 caliber revolver he owned. The police also found the ripped car upholstery at the indicated spot, and it was stained with human blood.

McGonigle lead the authorities to a coastal cliff in San Mateo County known as the Devil’s Slide. He said he’d thrown Thora’s body off the cliff, 350 feet down into the ocean. An extensive search revealed important, chilling evidence that may well have been the clincher: on the day of her abduction, Thora was dressed in her school colors of red and blue, including one pair of red socks and one pair of blue socks, one on top of the other. Searchers found both pairs wedged in separate crevices on the cliff face, and Thora’s parents identified them.

At the trial, prosecutor John McCarthy told the jury how it might have happened, painting a word picture of McGonigle killing Thora in a rape or attempted rape, then lifting her from his car by her armpits and dragging her along the ground to the edge of the Devil’s Slide. In the process her loafers come off and her socks are pulled down her feet. As she falls, they come off entirely and get stuck in the crevices of the cliff.

“In finding the socks,” McCarthy concluded, “the crime was solved.”

Given McGonigle’s string of confessions — which continued even at his trial — and the eyewitnesses who identified him, and the physical evidence that backed it all up, it’s no wonder the jury only deliberated half an hour. He was convicted on March 1, 1946.

While his conviction was under appeal he retracted his previous statements and denied everything. It was a frame-up, he said, all of it: he’d never confessed to anything and the FBI had planted all the evidence and the witnesses had lied. The police, meanwhile, stated he’d also confessed (over and over again…) to the murder of an unnamed “Negro waitress” from San Francisco and the only reason they weren’t going to charge him was because he was already under sentence of death.

The day he was executed, McGonigle wrote down a statement in longhand and left it with the warden:

I, Thomas Henry McGonigle, in this last testimony to the people declares [sic] that I did not shoot Thora Chamberlain and did not throw her body over a cliff and I have never made any such confession that I shot Thora Chamberlain in Santa Cruz County.

Santa Cruz County Sheriff Wallace P. “Bud” Hendrick didn’t agree. He witnessed the execution and later told reporters, “He threw his head back and gasped three times. Every time he gasped with that look of pain and death about him, I smiled. He was the most despicable … that ever walked the face of the earth. I only wish it could have taken longer.”

(Robert E. Cornish, a mad scientist and former child prodigy who made various Frankensteinian attempts to raise dead animals, wanted to try reviving a death row inmate after an execution. McGonigle volunteered himself for the experiment, but permission was denied.)

As for Thora, her body is presumed to have washed out to sea. She remains listed in missing persons databases, however, in the unlikely event that it turns up.

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1917: The only triple hanging in Montana

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Anaconda Standard, Jan. 11, 1917:

The story of the crime was that seven negroes boarded an eastbound freight train on the Great Northern railway at Nihil on Oct. 5 with the intention of beating their way. They found the car they boarded, a gondola loaded with lumber, already occupied by three white men. The deceased [Michael Freeman] and two companions, Earl Fretwell and Claud C. Campbell. The negroes first went through the white men, obtaining a small sum of money and some trinkets, and then directed them to get off the train, which was going at the rate of 30 miles an hour. The men begged to be allowed to remain on the train until it stopped or slowed down. Fretwell started to comply, being urged by blows, and was struck on the head with a revolver and fell from the car. Campbell jumped from the train, followed by a fusillade of shots. Freeman was shot from behind, the bullet entering his back, and his body thrown from the train, being found alongside the track the next morning.

National Public Radio, July 2, 2014 (associated audio story):

“I was curiosity with a ‘C.’ I just started to pepper him with questions — ‘Oh, Grandpa, what was it like? Did they lose their heads? Did their eyes bug out? Did everybody cheer? Did everybody cry?'” Zachary says.

“And he raised a hand, which told me to shut up. And he said three words: ‘It was awful.'”

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1673: Kaelkompte and Keketamape, Albany milestones

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On this date in 1673, Indians named Kaelkompte and Keketamape were sentenced to hanging and gibbeting for the murder of an English soldier near Albany, New York. (The date this sentence was executed, if it was not immediate, has been lost to history.)

This place had been known as Beverwijck up until a few years prior, when the English gave it its new and still-current christening* after taking it away New Netherland during the Second Anglo-Dutch War. The transition of its legal organs was a more gradual process — with a long survival of Dutch practices upon which the English were gradually overlaid.

The case at hand was a milestone in that jurisprudence: it appears to be the first documented jury trial (pdf) in Albany — a practice imported from England and reflective of the growing sway of the new boss.

Jury trials did not from that point become universal practice, however, and their use in this instance might have connected to the unusual nature of the prosecution.

Lying at the most northerly navigable point of the Hudson River, at the frontier of the powerful Mohawk and dependent upon they and other friendly indigenes to facilitate its fur trading, Albany kept a practiced blind eye when it came to Indian crimes. The 1665 murder of a Dutchman, the last previous documented homicide between the peoples, appears to have gone completely unpunished: in practice, intercultural grievances were settled privately, if at all.

But English law at least aspired to a more totalizing view and when one of the King’s subjects was murdered by natives who were not members of the powerful Iroquois confederation, it found its ideal test case — as we see in Courts Minutes of Albany, Rennselaerswyck and Schenectady, 1668-1673 (landing page | specific pdf volume). The ability of Albany to impose not only hanging but a potentially provocative gibbeting in this instance essentially confirmed the precedence of colonial jurisdiction over the smaller Hudson tribes. (The Iroquois were quite a different question and maintained expansive rights against the European encroach even into the post-colonial era.)

Kaelkompte, a northern Indian, from Narachtack castle, appearing in irons before the court, was asked whether he had any objection against any of the 12 jurymen standing before him?

Answered, that none of them had done him any harm.

Thereupon 12 jurors were sworn, as shown by the list, to do justice between the king and the prisoner.

As to the first point of the preliminary examination, as to conspiracy, etc., Kaelkompte answers that Keketamape asked him in the woods whether Stuart had any goods? To which he replied that some time ago he had seen three blankets and some coats there. Also, that Keketamape, sitting with him near the fire in the woods, said to him: “I shall kill Stuart.”

Whereupon Kaelkompte, saying that he did not quite understand, asked him: “W hat did you say? You wish to kill Stuart? If you kill him, you will kill yourself.”

Nota Bene. Here followed the further circumstances of the case. From the proceedings and the further documents it appears that Keketamape confessed that he was guilty of the murder.

Dirck Wessels, Meyndert Hermansz, Johannes Wendel, Willem Nottingam and Jan Jacobsz declare under oath that some time ago, being with the prisoners, listening to their caviling, [they heard] Keketamape say to Kaelkompe: “You killed Stuart and you say that I did it all.” Kaelkompe replied to this: “You did too.”

Kaelkompte acknowledges that he said it, but [declares] that it was longer ago than they say.

Indictment read to Keketamape and Kaelkompte

Keketamape admits that he had a hand in the murder and that he is guilty of having killed Stuart.

Kaelkompte admits that he consented by using these words: “There he is now. First kill him!” But he denies that he is guilty of the killing and says that he is not a bit afraid. He admits further, upon conviction by the interpreters, that he helped to kill Stuart by [the words of] his mouth.

The jury, having carefully weighed and considered the case according to the evidence, informations and confessions, conclude and decide that Keketamape and Kaelkompte are guilty of the murder of the person of Mr Stuart.

Sentence

Therefore, their honors sitting as this Special Court of Oyer and Terminer, having duly taken into account and considered the proceedings and also the verdict of the twelve jurymen that according to the documents placed into their hands the said Kaelkompte and Keketamape are guilty of the murder of the aforesaid Jan Stuart, condemn them both, as they condemn them hereby in the name of his Royal Majesty of Great Britain, under the government of the Right Honorable Colonel Francis Lovelace, to be brought together to the place of execution to be hanged by the neck until they are dead, dead, dead, and thereafter to hang in chains. Actum in Fort Albany, the 15th of February 1672/73.

By order of the honorable Court of Oyer and Terminer
Ludovicus Cobes, Secretary

One of the jurors in this trial, Willem Teller, might have been the same man at issue in a case five years later when “a certain squaw was shot dead at the house of Teller, burgher of this city.” The court found it an accident and ordered him to pay the Mahican nation fifty florins: laying aside any question of proportionality, this later case also demonstrates English courts successfully asserting their rights over violence between peoples that formerly would have been settled in private.

* The name “Albany” honored the Duke of Albany, the man who would eventually be King James II … until he was deposed by a Dutchman.

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1866: Dr. John Hughes, Cleveland bigamist

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From America’s State Trials, vol. II, whose “Narrative” excerpted here continues in the form of trial transcripts explicating the particulars of this sad and banal stalker-murder situation. (As a juridical matter, Hughes’s fate hinged on finely measuring his degree of premeditation and intent — and drunkenness — at the moment that he shot his 17-year-old other wife; however, once the decision was in, even Hughes called “the verdict of the jury, just; the sentence of the law, inevitable … I know that I deserve death.”)

THE TRIAL OF DR. JOHN W. HUGHES FOR THE MURDER OF TAMZEN PARSONS, CLEVELAND, OHIO, 1865

THE NARRATIVE.

Dr. Hughes To His Friends
(one of several poems Hughes wrote as he awaited hanging -ed.)

Of trifles the world is composed,
Like minutes that grow into years;
So friendship, in pity reposed,
Allays our most troublesome fears.

Away from all comforts at home,
From all the desires of my heart,
Not building on pleasures to come,
With feelings of hope I must part.

A moment of phrenzy, unthought,
A second of madness defined —
What change in the creature is wrought.
The soul in such horror entwined!

To review the dear scenes of the past,
Is but a renewal of strife
To a mind so constant o’ercast
In weighing the issues of life.

Grateful thanks is all I can give
For mercies which others deny.
Oh! that I were destined to live
To recompense you bye and bye.

Your efforts are sadly in vain;
The plea was a day or two late.
Remonstrance its malice to rain
Had hopelessly finished my fate.

Yet your prayers shall be to my death
Like the hidden treasure of leaven,
My spirit to raise by their breath
To waft it to Jesus in heaven.

I pray, and I never forget
To ask of my best friend above,
For blessings on those in whose debt
I am bound by their pitying love.

On the ninth of August, 1865, John W. Hughes, physician and surgeon, of Cleveland, Ohio, committed a murder in the small neighboring village of Bedford, which, from the nature of the case, the character of the parties to the tragedy, and the antecedents of the deed, forced him upon the attention of the people of Cleveland and of the whole of the State of Ohio. The public was shocked on the following morning by the publication in the newspapers that Miss Tamzen Parsons, a young lady of seventeen years of age, had been shot down in the streets of Bedford by this man, who had been her lover, and who, under cover of a forged decree of divorce from his wife, had married her in Pittsburgh, in December, 1864, and suffered in the Pennsylvania penitentiary, the penalty attaching to the crime of bigamy.

Dr. Hughes was born in the Isle of Man, educated at a Scotch University, and emigrated with his wife to the United States in 1862. After practicing his profession of a physician for a few months in Chicago and Cleveland, he enlisted in an Ohio regiment as a private, but was very soon promoted to the position of Assistant Surgeon of the 48th United States Infantry. After serving for about a year he resigned on account of the illness of a son in November, 1864. He now began the practice of medicine in Cleveland, but making the acquaintance of Tamzen Parsons, he induced her to go with him to Pittsburgh, after showing her a paper which he persuaded her was a decree of divorce from his wife. For this he was convicted and sentenced to one year’s imprisonment in a Pennsylvania penitentiary, but was pardoned after serving five months. Returning to Cleveland, he resumed the practice of medicine and after having sent his wife and child back to the Isle of Man on a visit, he endeavored to win again the affections of Tamzen, who refused to have anything more to do with him. One night in July after drinking deeply, he went to the house of her father in the village of Bedford at night and, by his noise, aroused the old gentlemen, who tried to eject him. Hughes refused to leave the house, and objected with sufficient force to give ground for a charge of assault and battery, which was brought on the following day, Tamzen herself appearing and making the affidavit against him, an act which enraged him. Personal differences, however, were at length adjusted and legal proceedings stayed, the Doctor solemnly promising that he would thenceforth have nothing to do with the Parsons family.

But, alas! a drunken revel with a companion, Oscar Russell, on the night of the eighth of August, ended in their driving to Bedford and drinking at all the road houses on the way. Hughes, Russell and their driver, Carr, issued from a hotel in Bedford, and drove to the house of Mr. Parsons. Dr. Hughes entered the house and learned that Tamzen and her mother had gone blackberrying. They drove on, but soon met the women, and the Doctor sought a private conference with Tamzen. A neighbor, however, came along in a wagon and took her home, while the men drove to the grocery, where they held a drunken revel for two hours. Hughes learning that all the Parsons family had gone to Bedford for safety and to arrest him, started to the village and, seeing Tamzen coming out of the house, he ran after her, calling on her to stop. She flew up the walk, saying, “No, I will not stop,” and rushed through the gate, endeavoring to reach the front door. But before that asylum was reached, the pursuer laid hands on her, and shouting, “You won’t stop, will you?” fired his revolver. The ball glanced off her head, she screamed, but the piteous cry was instantly hushed by a second and fatal discharge of the deadly weapon.

The noise attracted a number of persons, who pursued Hughes, who jumped into the carriage with Russell and Carr, and, menacing the crowd with his revolver, succeeded in getting a good start of his pursuers. But he was captured in a few hours and landed in jail.

Indicted by the Grand Jury for murder, after a trial lasting eighteen days, he was convicted, though his counsel tried very hard to prove that he was insane at the time he committed the act. On February 9th, 1866, he was hanged in the yard of the Cleveland jail.

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