1807: Ephraim Blackburn, low roller

On this date in 1807, a throw of the dice noosed Ephraim Blackburn.

The son of a Pennsylvanian who served in George Washington’s army, Blackburn sought his own martial adventure by joining the expedition of Louisiana-Mexico border trader Philip Nolan in 1801.

Nolan had spent the 1790s living and trading along the frontier of Mexico and (Spanish, until 1800) Louisiana. Nolan worked in a legal twilight, earning the connivance of some Mexican officials and the hostility of others; perhaps no Anglo was better-acquainted with Texas.

By 1800 he was barred from the territory but assembled a coterie of 30-plus armed men and ventured into Texas once agan on an apparent filibustering operation seeking to carve out control of some piece of Texas. Our man Ephraim Blackburn was among these daring souls, whose wooden palisade somewhere near the Brazos River was quickly overwhelmed by a Mexican attack.

Nolan died in the battle, leading the remainder of his men to surrender. From there they would embark on a strange years-long legal road, their numbers continually winnowed by escapes. Ordinarily when one is prosecuted as a foreign invader, one is not permitted to have the liberty of the city or to go into business, but that is exactly what occurred with the Nolan men.

One of their number, Peter Ellis Bean, is known to have survived his incarceration; he escaped and fought for Father Miguel Hidalgo‘s Mexican revolutionaries against Spain, returned to the United States in 1818, then re-settled in post-independence Mexico. Bean conferred on posterity a memoir recalling that during their imprisonment,*

Some of my companions got leave of the general to go to other towns to live, but I thought I would find out some way of making something. I gave myself out as a hatter. There was a gentleman who trusted me for whatever was necessary to carry on that business. I employed two Spanish hatters to work with me, for, in fact, I was no hatter at all. In about six months I had so raised my name, that no one would purchase hats except of the American. By this means I got a number of journeymen to work with me. I was clear of debt, and making from fifty to sixty dollars per week.

All this entrepreneurialism was unfolding while capital case meandered with no great urgency among Spanish courts. One judge recommended the prisoners’ outright release in 1804; by the time the message had been shipped across the Atlantic and back, it was 1807, and the judge had died. The crown’s reversal horrifyingly required the death of one in every five of the invaders — although since deaths and escapes had now reduced their ranks to just nine, the local authorities mercifully rounded the figure down to one.

On the 9th of November, the nine remaining prisoners were gathered in a Chihuahua barracks and made aware of their situation. They agreed among themselves to cast dice in order of seniority — low roll hangs.**

Blackburn was the oldest, and the first to roll. He threw a 3 and 1. Bean narrates, beginning with the frighteningly mysterious arrival of confessional priests the night before the survival lottery:

all our conversation that night was in view of our being put to death. I told them that we should trust to fate, and not fret ourselves about what we could not remedy. One of them said the bravest would be cast down to see his open grave before him. “But,” said I, “if you find no way to escape that grave, is it not better to march up to it like a man, than to be dragged to it like one dead? It is enough for them to drag me to it when life is gone. The most cowardly, where under sentence of death, have marched up with great bravery. And, as for myself, if I must die, I mean not to disgrace my country.” The reason I talked so was that I did not believe they would put us to death.

Soon the next morning the priests returned, and David Fero asked them if we were to be put to death. They said they did not know — perhaps some might be. I then began to conclude it would be me, and all my companions thought the same thing. I, however, said nothing; for, as I had before talked of valor in such cases, it became necessary for me to support that character. The priests said we must confess all our sins to them, and we should be forgiven. As for myself, I had been taught that God knew all my crimes and it was not worth while to relate them to the parsons. But some of my companions began to confess, and had their sins forgiven. When they asked me, I told them I must have four or five days to recollect all my sins — that they were so many, it was doubtful whether I could ever remember them all. The parsons advised me to begin, and God would enlighten me, and help me to remember them. I told them I could not that day, but perhaps by the next day I could remember some things. They then left us. All that day the talk among us was as to who it would be. I told them, I supposed, as I was the worst, it would be me; and, as my friend Tony Waters had been put in with us to share our fate, I thought, as he had broken open my letter, that if the thing went according to justice, and they hung the worst man, it must be him, for he was, without doubt, the greatest villain and ought to have been dead some years ago. Waters sighed, but said nothing. The next day the parsons came again, and brought with them a colonel, who read to us the king’s order — which was, that every fifth man was to be hung, for firing on the king’s troops. But, as some were dead, there were but nine of us, and, out of the nine, but one had to die. This was to be decided by throwing dice on the head of a drum. Whoever threw lowest, was to be executed. It was then agreed that the oldest must throw first. I was the youngest, and had to throw last. The first was blindfolded, and two dice put in a glass tumbler. He was led to the drum which was put in the room, and there cast the dice on the head of the drum. And so we went up, one by one, to cast the awful throw of life or death. All of my companions, except one, threw high: he threw four. As I was the last, all his hopes were that I should throw lower than he. As for my part, I was indifferent about it, for I had resigned myself to fortune. I took the glass in my hand, and gained the prize of life, for I threw five.

After two days to prepare himself, Blackburn hanged on Chihuahua’s Plaza de los Urangas. The remaining prisoners were scattered to different prisons for many years to come; among the survivors, only Bean is known to have set eyes on his native soil again.

* On the expedition that would staple his name to mainland America’s highest peak, Zebulon Pike was briefly captured by the Mexicans and taken to Chihuahua, where he met some of the Nolan gang prisoners.

** Both the random selection and its circumstances — punishing Anglo adventurers — strongly foreshadow Mexico’s later Black Bean Lottery.

On this day..

1882: Samuel and Milton Hodge

From the Lebanon Daily News, Nov. 11, 1882:

KNOXVILLE, Tenn., Nov. 10 — Samuel and Milton Hodge, both colored brothers, were hanged here to-day in the presence of about 8,000 persons. The doomed men spoke for about ten minutes, each saying they were prepared to die and were “going home to glory.” They warned those present to beware of their fate. As the black cap was pulled over Milton’s face, he sang in a strong voice “Going Home on da Even’ Train,” and Samuel was singing “Going Home to Die no More,” when he was choked by the rope.

The crime for which the Hodge’s [sic] were hanged was the killing of their brother-in-law, James McFarland, over a year ago.

On this day..

1866: Robert Dodge, haunter

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“The time will come when my innocence will be proven, and then Bob Dodge will haunt you for his murder.”

— Robert S. Dodge, convicted of murder, hanging, California.
Executed November 8, 1866

Borrowing a double-barrel shotgun, ostensibly to hunt quail, Dodge could not account for his whereabouts when a man who was quarreling with his brother was shot. Dodge went through two trials and during the second was found guilty of first-degree murder. In prison, he attempted suicide by taking opium.


To Elder’s hanging-day sketch (and since blog column-inches are free) we add the report of the San Francisco Evening Bulletin, Nov. 10, 1866 — itself channeling the Nevada Transcript. (Meaning Nevada City, Calif., not the state of Nevada.)

[Dodge] was twice tried and convicted of the murder of Mark P. Hammock, and after both trials the case was taken to the Supreme Court, whence the case was once sent back.

The verdict after the second conviction was sustained and the District Court ordered to fix a day for the execution.

The testimony against Dodge was entirely circumstantial.

Sheriff Gentry read the death-warrant, after which Dodge stepped to the rail in front and addressed those in the yard in a speech of ten minutes. He said he had once more the privilege of addressing them in this dark and gloomy world. He alluded to his home, his mother and friends, speaking of them in affectionate terms, and picturing the grief they would feel on hearing that their youngest son had died upon the gallows.

He spoke of the anxiety manifested to witness his death, and warned those present that the time would come when they would repent having seen it, and that when they discovered, as they surely would, that he was innocent, remorse would forever follow them.

He declared that he suffered on account of false testimony offered against him. He alluded to the future, saying that in “eternity Bob Dodge would be seen coming in glory.”

At the conclusion of the speech he turned to Sheriff Gentry and requested him to finish the work quickly. When asked if he had anything further to say by the Sheriff, he replied only “I am innocent.”

He then bid those on the platform good-bye, shaking hands with them, and then stepped upon the trap. His limbs were lashed with cords and the black cap placed over his head.

He then said, in a loud voice, “Boys, I want you all to hear, I am innocent.”

A prayer was read by Mr. Anderson, and at 18 minutes past 1 o’clock the trap fell, and the soul of Dodge was sent to a higher court for judgment.

On this day..

1857: James Copeland, repentant gangster

On this date in 1857, “the great southern land pirate” James Copeland went to the gallows in the now-abandoned Mississippi town of Augusta.

Copeland‘s criminal career is the subject of a wonderfully old-timey reader by the Perry County sheriff who noosed him. (As it says right there on the title plate. Sheriff J.R.S. Pitts does not shrink from injecting his own story into the narrative, and to get to the action the reader must first wade through tedious digressions into the hangman’s biography, his civic-minded rationales for a prurient interest in outlaws — “such a life and history cannot fail, even at this late date … of materially interesting and benefiting the public at large” — and some whinging about the libel suits that dogged his attempts to materially benefit the public at large.)

After an “introduction”, a “preface”, and an “explanatory”, our volume comes at last to an illustrated 100-page autobiographical narrative which Pitts says that Copeland dictated to him while cooling his heels in jail.

Hardened and violent in life, Copeland under the eaves of death seems to made that familiar return to God and repentfully confessed his path into depravity beginning with youthful delinquencies the condign punishment of which was consistently deflected by his mother, “who always upheld me in my rascality.”

Having fallen into a legal scrape for pig-thieving, Copeland left behind charming rascality for Godfather territory when he made contact with an outlaw named Gale Wages and concocted a plan to vacate the charges by destroying the documentation … by torching the courthouse in which they rested.

“Such a sight I never had before beheld,” Copeland remembered of the blaze. “The flames seemed to ascend as high, if not higher than the tops of the tallest pine trees; they made everything perfectly light for over two hundred yards around.” After that bonfire, Copeland gave himself over to the guidance of a man who turned out to be halfway between Jabba the Hutt and a Masonic lodge chief.

Wages, Copeland found, had “a great many persons concerned with him, in different parts of the country, some of them men of wealth and in good standing in the community in which they lived.”

They had an organized Band that would stand up to each other at all hazard; they had a Wigwam in the city of Mobile, where they held occasional meetings … they had many confederates there whom the public little suspected …

I was there introduced by Wages, (who was their president,) as a candidate for membership, I should have been rejected, had Wages not interceded for me. I was finally passed and admitted to membership. Wages then administered to me the oath, which every member had to take. I was then instructed and given the signs and pass-words of the Clan.

Maybe the gang was right to doubt him, for Copeland broke this oath by divulging to his hangman-biographer numerous names of members as well as the Encyclopedia Brown-esque cipher this gang used to send coded messages.

Over the course of the next decade and more, Copeland’s narration has the gang and he romping through Dixie in misadventures that range from the charmingly picaresque — finagling a guest role at a Methodist pulpit by posing as wandering preachers upon which they netted several hundred dollars from the inevitable passed hat — to the much less charming:

A legend of $30,000 in gold that the squad claimed to have buried in Catahoula Swamp still circulates in Mississippi — spur to thus-far frustrated treasure hunters down to the present day.

We can’t know to what degree the voice that we read is Copeland’s own or that of Pitts interposing but the narrator we have affects at times a stagey horror at his sins.

With the gang determined to be rid of an Irish boatman on the Mississippi, Copeland draws the short straw to bludgen him to death in his sleep: “Oh, God! when I look back, it makes me shudder. Even now it chills the blood in my veins.” Copeland bashed his brains in with a hatchet and as day broke they slipped the weighted corpse into the river.

Copeland had moved up the ranks enough to share the marquee in the “Wages-Copeland gang” by the time things got real dark. In early 1844, a summit of the gang’s leadership determined spies were afoot and four of the suspected “butted their heads against a slung-shot hung to a man’s arm, and they went floating from Mobile wharf down the channel of the river.” Others they left “in a situation where he told no more tales” and “fed … the contents of two double-barrel shot-guns, about forty-eight buck-shot, and put him in a swamp near Eslaya’s old mill” and “put a rope around his neck, and we very soon squeezed the breath out of him.”

The end of the line could really have been any one of these incidents or the numerous others this post elides — enough blood feuds and hand-to-hand murders and the odds are sure to turn against you in the long run.

In 1849, now a wanted man, Copeland started drinking at a grocery near Mobile

and became intoxicated, and in that situation I imagined every man I saw was trying to arrest me. I fell in with a man by the name of Smith, an Irishman, and a difficulty occurred between us; I concluded that he intended to arrest me. I drew my double-barrel shot gun upon him and intended to kill him. He was too quick for me; he threw up my gun, drew his dirk and stabbed me just above the collar bone.

Having made himself both conspicuous and immobile, Copeland was tracked down by a posse and now he was really in the soup: “one indictment against me in Alabama for larceny, and another against me in Mississippi for murder.” Copeland pleaded guilty in Alabama and served a jail sentence there, hoping that the passage of years would buy him some opening to escape the hanging sentence that would surely await in neighboring Mississippi. But the Magnolia State was on its game and had a timely extradition request ready to receive James Copeland the moment his term in the Alabama pen expired.

The day arose clear and beautiful on which the sentence of the law and of outraged humanity was to be executed on the man who had so often violated their most sacred behests. The sky was blue and serene; the atmosphere genial; all nature was calm and peaceful; man alone was agitated by the various strong emotions which the execution of the fatal sentence of retributive justice on a fellow-man could not but create.

The place of execution was distant from the city of Augusta one-quarter of a mile. The gallows was erected on a beautiful elevation that was surrounded by the verdure of shrubby oak and the tall, long-leaf pine. The ground was everywhere occupied by thousands of spectators, gathered from Perry and the surrounding counties, to witness the solemn scene. It was indeed one that they will long remember.

About the hour of noon, the prisoner, after being neatly clad, was led from the jail by the officers of the law, placed in the ranks of the guard formed for the occasion, and the procession moved slowly toward the fatal spot.

Soon the doomed man appeared on the gallows. The death warrant was then read to him, and he was informed that he had but a short time to live.

He proceeded to address the awe-struck and silent multitude. He especially urged the young men present to take warning from his career and fate, and to avoid bad company. His misfortune he attributed principally to having been mislead while young.

When he had concluded, a number of questions were asked by the immediate spectators, in relation to crimes which had transpired within their knowledge; but he would give no direct answer — shrewdly eluding the inquiries.

The Sheriff then asked him, in hearing of many lookers on, if the details of his confession, previously made to that officer, were true. He replied that they were.

His hands were then tied and the cap pulled over his face, and he was told that he had but a few moments to live. He exclaimed, “Lord, have mercy on me!” and he was praying when the drop fell, and a brief struggle ended his blood-stained career.

On this day..

1905: Ed Lamb, bully

This date in 1905 was — in the title of the Manatee County Historical Society publication about the case — The Day They Hanged Ed Lamb in Braidentown/Bradentown/Bradenton.

It all started in the schoolyard.

Lamb’s son was the resident bully at the local Braden River School until one day that January he picked a fight with the son of Dave Kennedy and surprisingly got his — the bully’s — ass kicked.

Like many a child since, young master Lamb sent his problem up the generational chain of command. Ed Lamb, a mill hand, raised the beef with Dave Kennedy, a farmer, when the latter stopped by the mill a few days later to sell his wares, even menacing Kennedy with a knife.

But for the second time, a Kennedy went all lion on a Lamb and overpowered his antagonist. Enraged and embarrassed, Lamb stalked away to his nearby home, got a shotgun, and wasted Dave Kennedy. Masculinity: vindicated. Stunned bystanders allowed Lamb to escape.

Our Manatee County correspondent gives the surreal vignette from his own family history of the Kennedy children — being dismissed from school at news of the murder — walking home on a dirt road that very day and passing the disgraced Lamb family on a wagon with their possessions, heading out of town. “One of the children standing beside the roadway became frightened thinking that Ed Lamb would pop out fo the trunk at any moment.” He didn’t: Ed was on a lam all his own, and was recaptured the next morning and spirited away to Tampa to protect him from lynching. Lamb spent the months between his conviction and his execution harrying the local newspaper with letters entreating folks straighten up and get right with God, letters that notably failed to breathe word one of apology to the Kennedies.

The drop fell at 12 minutes past 12:00 non. But the rope slipped and the prisoner was raised a second time and shot into eternity. He was rendered unconscious by the first shock and never knew that he was let to fall a second time. His neck was broken by the second fall and he was pronounced dead by Dr. John Holten of Sarasota. He mounted the gallows cool and fearless and died without a murmur or a struggle. Inside the jail, 40 witnesses were in the jail when the execution took place, the gallows being inside the building. A few white people and a great many Negroes were congregated around the jail, but perfect order was maintained.

Lamb’s son, brother and sister-in-law were present when he mounted the scaffold, but were overcome and left before the drop fell. The doomed man kissed them goodbye and asked them to meet him in heaven. His wife was unable to come to the jail to see him for the last time. Was photographed. Lamb dressed himself for the scaffold with great deliberation. And at his request, was photographed after being attired for death. He talked freely. But in his last speech he said nothing about the crime for which he suffered. He said that he was willing to die. That he had made his peace with God and wanted all of his heirs to meet him in a better world. Sheriff Wyatt was cool and carried out his part well. The noose was adjusted and the black cap pulled down over the prisoner’s face. And the trap sprung that sent the murderer to meet his maker. The death warrant directed that the execution take place in private between the hours of 11:30 and 12:00, but the sheriff allowed the condemned man 12 minutes longer lease on life.

Manatee County paid Coursey and Barnett $16.70 for Lamb’s hangin’ suit, and paid J.W. Wilhelm & Co. $21.35 for his coffin.

On this day..

2010: Jeffrey Landrigan, thiopentaled

Jeffrey Landrigan was executed in Arizona for murder on this date in 2010 — via an import drug that made his case a recent landmark in the ongoing U.S. tussle over lethal injection.

Landrigan broke out of jail in 1989 where he was serving a second-degree murder sentence and did a first-degree murder in the course of an armed robbery.

By the time this mundanely terrifying killer was ready to face his punishment, U.S. states were beginning to feel the pinch from anti-death penalty activists’ campaign to shut off the supply of a key drug in the lethal injection protocol — sodium thiopental.

Since the very first lethal injections, sodium thiopental has stood as the first of the standard three-drug cocktail: sodium thiopental to induce unconsciousness, pancuronium bromide to inflict muscle paralysis, and potassium chloride to stop the “patient’s” heart.

Sodium thiopental owed this juridical responsibility to its place as the Brand X medical anaesthetic thirty or forty years ago. But in the time since, that medical role has been overtaken by propofol, leaving sodium thiopental ever less frequently manufactured — and exposing a potential vulnerability in the executioner’s supply chain. Death penalty abolitionists targeted that weak point with effect, especially once the last U.S. manufacturer of sodium thiopental, pharma giant Hospira, got out of the game.

Sodium thiopental expires, so states that intend to conduct lethal injection executions couldn’t really stockpile. Instead, they have two options:

  • Find a new source for sodium thiopental; or,
  • Find a new lethal injection procedure

In the past few years, those laboratories of democracy known as state legislatures have experimented promiscuously with re-jiggering the lethal injection to account for the inhospitable thiopental climate with the upshot that there no longer remains one standard lethal injection protocol, but multiple mutations innovated and cribbed state by state — and each mutation is liable to change again without warning in response to the next setback.

This ongoing drama has played out throughout the 2010s, but it so happened that Landrigan’s long road to death reached its end about where the scarce thiopental story began.

In Arizona’s case at the comparatively early date of 2010 — back when Hospira had already suspended domestic thiopental manufacture — the gap was filled by requisitioning the drug from an overseas supplier.

Easy enough, one might suppose: C11H17N2NaO2S is C11H17N2NaO2S no matter its brand label.

But it turns out that the production and the import of medical drugs are regulated by the Food and Drug Administration, and neither Arizona nor the fly-by-night British pharmaceutical maker it contracted had bothered satisfying the paperwork requirements. Landrigan’s appellate lawyers fastened on this failure, arguing that the state’s calculated ignorance of its drug’s purity was inviting a painful botch.

Landrigan’s story and the larger lethal injection crisis into which it fits was the subject of the very first episode of the popular podcast More Perfect — whose beat is the U.S. Supreme Court.

That institution had a low moment in this drama interceding at the 11th hour to okay Landrigan’s execution after a Kafkaesque legal shell game in which Arizona repeatedly ignored lower courts’ orders to supply documentation about its proposed execution drug, then argued — and won the argument! — that the prisoner’s lawyers were only speculating that the drug might be impure or harmful and couldn’t prove any problem. Try that one out on your customs officer the next time you get pinched carrying contraband at the border. A Ninth Circuit Court judge punished bad faith with a stay of execution, but the high court reversed that stay on a 5-4 vote this very October 26, allowing Landrigan’s execution hours later.

“The state flatly stonewalled the lower courts by defying orders to produce information, and then was rewarded at the Supreme Court by winning its case on the basis that the defendant had not put forward enough evidence,” Hofstra law professor Eric Freedman lamented to the New York Times. “That is an outcome which turns simple justice upside-down and a victory that the state should be ashamed to have obtained.” It’s a line that mirrors the critique exasperated death penalty advocates have leveled against their foes for suing to block “cruel and unusual” executions on the back of drug supply kinks that they themselves engineered.

The messy resolution of Landrigan’s own case was very far from a solution to the underlying dilemma. In the years since, European manufacturers have themselves been squeezed out of the lethal injection supply chain by anti-death penalty pressure, while the states’ various adaptations have worked themselves out in a mess of litigation and human experimentation. It’s a story still being written — into the very flesh, sometimes, of men like Jeffrey Landrigan.

On this day..

1770: William Linsey, resolutely bent upon working wickedness

On this date in 1770, inveterate burglar William Linsey was hanged in Worcester, Mass.

Linsey never killed anyone but just couldn’t lay off the thieving — as he owned himself in a gallows broadsheet: “Having so often escaped with impunity, for my wretched crimes, I was under no awe or restraint, neither learning God nor regarding man, resolutely bent upon working wickedness.” That didn’t mean he didn’t get caught: he frequently did, and once was pilloried, flogged, and branded all in the same day as punishment for fraud.

The quote is courtesy of a Linsey profile by friend of the blog and occasional guest poster Anthony Vaver, on his site Early American Crime — which notes that Linsey ultimately fell foul of a sort of colonial three-strikes law escalating penalties for mere property crimes all the way to the gallows in the case of repeat offenders.

On this day..

1933: Dallas Egan, dancing

On this date in 1933, Dallas Egan hanged at California’s San Quentin Prison — and pretty much nobody was happier about it than Dallas Egan.

A cynic might attribute the puckish jig he reputedly danced en route to the gallows to the liberal allotment of whiskey, straight he had swallowed at the sufferance of Gov. “Sunny Jim” Rolph* — “all the whiskey he can safely stand up under.” It was just the governor’s way of saying thanks to the murderer for going so easy on the justice system.

Barely a year before, Egan and three accomplices robbed a Los Angeles jewelry store when, mid-robbery, an old fella with a hearing deficiency paused at the store window to check his pocketwatch against the wares n display — one of those little accidental moments that make up a life, or in this case, a death. Two deaths, actually. Egan shot the misfortunate William Kirkpatrick dead when the man didn’t respond to an order the robber shouted. “I gave the man full warning,” Egan explained.

But Egan didn’t mean to minimize his guilt; he was fully committed from the time of his capture to get himself the noose.

“I don’t know whether or not I’m insane,” he mused to the court when an attorney tried to secure a sanity hearing for him (per this Los Angeles Times profile). “We’re all a little crazy; even you, Judge. But I don’t want nine years’ punishment, or 20 years. I want to pay in full!” In later months he would write the governor and the Supreme Court insisting on his just deserts and washing his hands of any appeal or clemency effort on his behalf.

Egan’s last morning, Oct. 20, 1933, began with a good breakfast, some final sips of whiskey and a cigar “tilted at a ridiculous angle,” according to one witness. The previous night he’d played a record of “Ida, Sweet as Apple Cider” over and over in his cell, telling guards: “I’ll dance out to that tune.” (Some newspapers misquoted this statement with the more formal “I want to dance out to the gallows.”)

When the hour came, he really did dance an Irish jig as he entered the death chamber handcuffed between guards. He then walked up the 13 steps, energetically and alone. Offering no final words, he plunged through the trapdoor.

Rolph’s generosity toward Egan resulted in a two-day controversy. Some Bay Area preachers chided him for it, but Rolph had the last word: “We would be pretty small when we sent a man into eternity if we could not grant his last request.”

“>Los Angeles Times, January 23, 2011

* Rolph would die in office of a heart attack the following June. He was a one-term governor but has a bit of notoriety for publicly applauding a 1933 lynching in San Jose.

On this day..

1883: Margaret Harris

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. This post originally appeared on the Last Words blog. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“I am going to tell the truth before God. I am innocent of the charge…My kin people brought me to this, and I want them to pray to meet me in heaven. I have heard they said hanging was too good for me, that I ought to be burned…I hope this poor man will be released, as he is innocent before God.”

(Turning to her sister on the scaffold:)

“I want to be buried by the side of my mother, but they will not allow it. They don’t care what becomes of my body. Good-bye! Sister, good-bye!”

— Margaret Harris, convicted of murder, hanging, Georgia.
Executed October 19, 1883

Servant Harris, age eighteen, was accused of poisoning the family she worked for in order to leave and live with David Dukes, her alleged accomplice, whom she referred to as “this poor man.” Prosecutors said she first added the poison to coffee, which only sickened her mistress, widow Nancy Barnwell, and Barnwell’s two grandchildren. She then added poison, procured from Duke, to rice, killing one of the grandchildren. A commutation was requested from the governor, but it was refused “as there has lately been a perfect avalanche of poisoning cases and an example needed to be made of it,” according to the Chicago Daily Tribune. At the hanging, “In the Sweet By-and-By” was sung by the four clergymen attending. The condemned and spectators joined in the song.

On this day..

1881: A day in the death penalty around the U.S.

Four hangings from the four corners of a continental empire darkened American jurisprudence on this date in 1881.

Sageville, New York

Edward Earl hanged in this Adirondacks hamlet for stabbing to death his wife (never named in any press account I located) four years before

Earl attempted (and obviously failed) an insanity defense, which was an interesting tidbit since Charles Guiteau was at this moment gearing up to do the same after assassinating President Garfield earlier this same year.

Dawson, Georgia

From the New Orleans Times-Picayune, Oct. 15, 1881:

ATLANTA, Oct. 14 — Frank Hudson, colored, was hanged at Dawson, this state, to-day, for the murder in August last of David Lee, Mrs. Lee and a negro girl. His purpose, according to his confession, was robbery. He was taken to the gallows under guard of a military company and appeared calm and unmoved. He acknowledged his guilt and the justice of his sentence, and hoped he had been forgiven. He was dead in ten minutes from the time the trap was sprung. This is the first execution that has taken place in Kerrell county.

Ukiah, California

For the background of this murder in the heart of hops country, we’ll crib the meandering but compulsively specific testimony of the event’s only third-party witness in original old-timey cant, as quoted by an appellate court:

Harvey Mortier was speakng angry to Richard Macpherson about a wedge ax that Harvey Mortier accused him with stealing, accused him for taking a wedge ax, and Richard Macpherson says to him, he didn’t do it. He says he would go to Hi Stalder and find out who took the ax. The ax belonged to a man named Hi Stalder.

Well! says Harvey Mortier to him, why don’t you come down now and find out who took the ax? Now, says Richard Macpherson, I won’t go till this evening. He says, you had better come now. He says no, he won’t.

“I will find somebody down in the woods that will put a good head on you; give you a good licking.” This last was said by Mortier to Macpherson. Macpherson didn’t go down to Hi Stalder’s to find out who took the ax. He remained with me chopping, and I was chopping at the time and Richard Macpherson was working with me.

He started to work and Harvey Mortier (the defendant) went away, passing where we were. He went on a little, small trail. Before he left he asked me if I see any deers? I said, yes sir. I says, I seen some deers over there in that direction; so he passes along that little trail going that way, towards that way, and I was chopping wood. Didn’t pay no attention to it.

In a few minutes the gun was fired and I looked and seen Macpherson and Mortier. I saw Harvey Mortier shooting. I seen the smoke and the gun in front of him, and he taking the gun down from him. He was standing in bushes that were chopped down, about two feet high.

(The witness here showed the position of Mortier when the shot was fired, which was a stooping one.)

I saw the smoke in front of his face, and he was trying to hide himself. Mortier was thirty-four yards from Macpherson at the time the shot was fired. I measured in the next day with a six-foot pole.

The smoke was right at the end of the gun. I saw Mortier’s face distinctly and recognized him. I had known him five or six years.

After the shot, Macpherson and I ran away. He ran two hundred and thirty-five steps after he was shot. We ran as soon as the shot was fired.

The last I saw of him he was leaning against a fence. He fell down. I then went after help to bring him home.

At the time the shot was fired Macpherson was standing in front of Mortier and I was standing on one side. Macpherson was chopping a tree about six inches through. Macpherson lived about half an hour after the shot was fired.

Silver City, Idaho

We cannot improve on the correspondent who reported Henry MacDonald’s hanging* in Silver City’s local Owyhee Avalanche the very next day:

* Note that the findagrave.com link misdates this hanging as of this post’s publication. In 1881, October 14 (not the 15th) was the Friday, and I trust that the article reproduced here will constitute evidence that “October 15” did not appear in the original text of the story.

On this day..