Category Archives: USA

1778: Bathsheba Spooner, the first woman hanged in the USA

Posted on by

Bathsheba Spooner, the first woman executed* in the post-Declaration of Independence (i.e., post-July 4, 1776) United States.

The daughter of one of Massachusetts’s most prominent Tory loyalists — the latter fled to Nova Scotia during the events comprising this post, owing to the ongoing American Revolution — Spooner was married to a wealthy Brookfield gentleman whom she utterly despised.

From late 1777 into 1778, Bathsheba beguiled three young would-be Davids — Ezra Ross, a wounded former Continental Army soldier whom she nursed back to health; and James Buchanan and William Brooks, two redcoat deserters — into getting rid of Mr. Joshua Spooner.

Ross she sent on February 1778 business trip with her hubby and instructions to dose him with nitric acid. The youth chickened out and didn’t do it — but neither did he warn his proposed victim what was afoot.

A couple of weeks later, the Brits achieved by main force what their American opposite dared not attempt by stealth, and “on the evening of the first of March, about 9 o’clock, being returning home from his neighbors, near by his own door was feloniously assaulted by one or more ruffians, knocked down by a club, beat and bruised, and thrown into his well with water in it.” Ross, importantly, had been invited by his lover/sponsor to return and he helped to dispose of the body.

They had not a day’s liberty after this shocking crime, evidently having thought little beyond the deed; the very young Ross especially stands out for his naivete — certainly mingled with lust and cupidity as he contemplated the prospect of attaining a frolicsome, wealthy widow — when the wife went to work on him.

As She was going to Hardwick She asked me the Reason of my being so low Spirited?  I made answer It was my long absence from home.  She replyed that her Opinion was, I wanted some one to lodge with — I told her it would be agreeable.  She asked me if Such an One as her self would do?  I made answer If She was agreeable I was.  [Marginal notation: The Dialect was so.]  Upon which She said “After She came off her Journey she would See.”
 
N.B. After her Return She Gave me an Invitation to Defile her Marriage Bed; which I Expected. [accepted] And after that she proposed constantly every sheam [scheme] for her Husbands Death.  [Marginal notation: The spelling is so.]
 
Ezra Ross

The above is a written account given in jail to the preacher Ebenezer Parkman, who preached a thundering sermon three days after the executions titled “The Adultress Shall Hunt for the Precious Life””

a woman who … allows her loose imagination to range and wander after Others, nay not a few, & rove from [her husband] to pollute & defile the marriage bed [indulging] her own wanton salacious desires … How loathsome are all such, and how directly opposite the pure & holy Nature, Law, and Will of God.

So keep thee from the Evil woman, from the flattery of the tongue of a strange woman. Neither let her take thee with her eyelids. There are a thousand dangers, that poor young wretches are in by reason of the snres & traps which are everywhere laid … particularly the poor beardless youth not quite 18. (As quoted in Deborah Navas’s book about the affair, Murdered by his Wife)

Mrs. Spooner, whose Loyalist family ties did her no favors in this moment, sought a reprieve on grounds of pregnancy. Many condemned women in those days made such requests; more often than not they were temporizing devices that bought no more than the time needed for a panel of matrons to examine them and dismiss the claim. In her case, four examiners submitted a dissenting opinion to the effect “that we have reason to think that she is now quick with child.” Although overruled, they were correct: after the dramatic quadruple execution under a thunderstorm at Worcester’s Washington Square, an autopsy found that Spooner was about five months along with what would have been her fifth child.

According to an early 20th century Chicago Chronicle retrospective (retrieved here via a reprint in the Charleston News and Courier, Jan. 24, 1904) her grave can be located on a manor at Worcester that formerly belonged to the great New York City planner Andrew Haswell Green: Bathsheba Spooner’s sister was Green’s grandmother.

A full original record of the proceedings does not survive for us, but this public domain volume has a lengthy chapter about events, with an appendix preserving some of the original documents.

* We’re at the mercy of uncertain documentation in this context, of course, but there are at least none whose executions can be established that predate Spooner’s within the infant republic. Per the Espy file, a woman named Ann Wyley was hanged in Detroit in 1777, but at the time that city was under British administration as part of the province of Quebec.

For its part, Massachusetts hanged several more women in the 1780s, but has not executed any other women since the George Washington presidential administration. It’s presently a death penalty abolitionist jurisdiction.

On this day..

2004: David Harris, Errol Morris subject

Posted on by

Errol Morris’s classic 1988 docudrama The Thin Blue Line helped to exonerate former death row inmate Randall Dale Adams.* He’d been convicted of shooting a Dallas police officer to death during a traffic stop.

On this date in 2004, the man who really pulled the trigger, David Ray Harris, received lethal injection. It wasn’t the murder of Officer Robert Wood he was being punished for: after more or less confessing the crime to Morris’s recorders, Harris was never charged with it. By that time, he was already on death row for an unrelated 1985 murder.

Randall Adams published a book about his ordeal. He died of brain cancer in 2010.

* Adams avoided execution in 1980 and had his sentence commuted. He was still in prison, but no longer on death row, at the time of the film’s release. He was released outright in 1989. Filmmaker Morris describes how he came to make the film — and how Adams “never will be exonerated” officially — in this interview with Bill Moyers.

On this day..

1919: John Hartfield lynched

Posted on by

John Hartfield (sometimes given as “Hartsfield”) was lynched on this date in 1919 in Ellisville, Mississippi.

“[U.S. President Woodrow Wilson] said the American negro returning from abroad would be our greatest medium in conveying bolshevism to America. For example, a friend recently related the experience of a lady friend wanting to employ a negro laundress offering to pay the usual wage in that community. The negress demands that she be given more money than was offered for the reason that ‘money is as much mine as it is yours.’ Furthermore, he called attention to the fact that the French people have placed the negro soldier in France on an equality with the white men, and ‘it has gone to their heads.'”

-Diary of Wilson’s personal doctor Cary Grayson (Source)

This summer of 1919 was fraught and violent moment in America — later christened the “Red Summer” for the quantity and ferocity of racially motivated outrages.

With the end of the Great War, domestic guardians of order bristled alike at proud and armed black soldiers returning from France’s trenches and at the post-Bolshevik Revolution prospect of subversive agitation — fears that were intimately linked for elites, as the pull quote in this post indicates. Plus, as readers in 2020 surely recollect from the news, everyone was also laboring under the Spanish flu pandemic. Large riots or pogroms with multiple casualties occurred in several U.S. cities, including a five-day street battle in Washington D.C. in July that left 15 or more dead.

Likewise, lynchings surged in 1919 — from 38 and 64 in the preceding two years, to 83, a figure which hadn’t been recorded in more than a decade and has never been approached since.

James Hartfield was one* mark upon this near-hecatomb, a mark underscoring the strength of lynch law in this moment. The mob was disciplined and organized, confident that its actions had the blessing of the state. It acted deliberately, responsive to its own authorities. Nobody got his blood up to string up the man promptly upon capture; instead, Hartfield was delivered to private custody — not jail — and given him medical attention so that he’d be fit for his murder.


The Greenwood (Miss.) Commonwealth ran this headline on the day that Hartfield was killed — one of many newspapers to report the planned lynching ahead of time.

The schedule (Hartfield to be burnt at 5 p.m.) was publicized in advance in the press; even the state’s governor, literal Klansman Theodore Bilbo, issued a sort of official denial of clemency with a public announcement that he couldn’t intervene if he wanted to and he also didn’t want to.

I am utterly powerless. The state has no troops and if the civil authorities at Ellisville are helpless, the state is equally so. Furthermore excitement is at such a high pitch thruout [sic] south Mississippi and if armed troops interfered with the mob it would prove a riot among the citizens.

The negro says he is ready to die and nobody can keep the inevitable from happening. (Huntsville (Ala.) Times, June 26, 1919, under the headline “Governor Will Not Interfere With Lynching”)

And indeed, nobody did interfere.

The below from the next day’s Montgomery (Ala.) Advertiser is one of several versions that saw wide distribution in the republic. Although these reports differ on some details — for example, whether Hartfield was or was not already mortally wounded by the gunshots he’d received from the posse — all unite in noticing the orderliness of this off-book execution.

ELLISVILLE, MISS. June 25 [sic] — Trailed for ten days through three South Mississippi counties by posses which included several hundred members of his own race, John Hartfield, negro, confessed assailant of an Ellisville young woman,** was captured desperately wounded near Collins, at daybreak this morning, rushed by automobile to the scene of his crime, hanged to a gum tree and then burned to ashes. His victim witnessed the lynching.

While negroes took no part in the actual lynching of Hartfield, posse leaders freely admitted they rendered valuable assistance during the chase knowing when they enlisted that it was intended to lynch the fugitive when he was captured. Many of them witnessed the execution.

The lynching was conducted in a manner which the authorities characterized as “orderly.” Guarded by a committee of citizens of Ellisvlle, Hartfield was taken first to the office of Dr. A.J. Carter, who after examination of gun shot wounds received when the fugitive made his fight against capture, declared the negro could not live more than twenty-four hours. In the meantime a group of silent men were piling cross ties and brush in a depression in ground near the railroad trestle. There was no shouting. Arrangements apparently had been made days ago.

The victim of Hartfield’s crime was escorted into the physicians’ office after the wounds had been examined. She positively identified him as her assailant. When she left the negro said to the committee: “You have the right man.”

Then there were quiet conferences. Members of the committee circulated in the crowd. Reports that there would be a “burning” at 5 o’clock gave way to statements that there would be a “hanging at the big gum tree.” Hartfield was told what the crowd itended [sic] doing with him, but only repeated “you have the man.” Later he said he knew he was going to die and declared he wished to “warn all men, white and colored, to think before doing wrong.”

Hartfield was not taken to jail, although earlier reports were that he had been lodged there. From the doctor’s office he was taken to the street and faced the crowd. “You have the right man,” he reiterated. Then a noose found its way around his neck and the trip to the big gum tree was started, the crowd still ominously silent.

Under the big gum tree Hartfield forcibly detained his victim all of the night of Sunday, June 15th. It was under a limb of the same tree that Hartfield was hanged as soon as the rope could be pulled up by hundreds of hands. Then occurred the first demonstration. While the body was in its death struggles pistols were produced by men in the crowd and fired point blank at the swinging form. Before the rope had been cut by bullets, burning fagots were thrown under the body and an hour later there was only a pile of ashes.

The victim with her aged mother witnessed the execution. When she reached her home two hundred yards away, she was informed that more than a thousand dollars had been subscribed for her use by persons in the crowd.

No arrests were made after the lynching and tonight the little town was quiet. Most of the visitors from the surrounding country left for their homes.

The future Vietnamese revolutionary Ho Chi Minh, who lived and worked in the U.S. intermittently in the 1910s where he was influenced by black radicals including Marcus Garvey, also made note of the Hartield outrage in his 1924 essay “Lynching” (see the numbered p. 53 of this large pdf):

When a lynching was to take place or had taken place, the press seized upon it as a good occasion to increase the number of copies printed. It related the affair with a wealth of detail. Not the slightest reproach to the criminals. Not a word of pity for the victims. Not a commentary.

The New Orleans States of June 26, 1919, published a headline running right across the front page in letters five inches high: “Today a Negro Will Be Burned by 3,000 Citizens.” And immediately underneath, in very small print: “Under a strong escort, the Kaiser has taken flight with the Crown Prince.”

The Jackson Daily News of the same date published across the first two columns of its front page in big letters: “Negro J.H. to Be Burned by the Crowd at Ellistown This Afternoon at 5 p.m.”

The newspaper only neglected to add: “The whole population is earnestly invited to attend.” But the spirit is there.

* Although lynched alone, he wasn’t quite the only victim. A white man who misunderstood or defied the commands of the vigilantes during the manhunt was also killed. And reportedly (although I haven’t verified this to my satisfaction) another black man elsewhere in Mississippi was lynched in the subsequent weeks merely for mentioning the Hartfield assassination.

** Family lore from a friend who survived by fleeing Ellisville characterizes Hartfield’s true offense as simply having a white girlfriend.

On this day..

1863: William Lynch, suppressed mutineer

Posted on by

(Thanks to Edward Waldo Emerson, the son of transcendentalist chin-wagger Ralph Waldo Emerson, for the guest post. His account of the beloved Massachusetts cavalryman Charles Russell Lowell’s lethal suppression of a mutiny in his civil war regiment, as related to him by Lowell’s widow for his, Emerson’s, 1907 biography Life and Letters of Charles Russell Lowell. Lowell can’t speak for himself on this account because he was killed the next year at the Battle of Cedar Creek, after which he was posthumously promoted to Brigadier General.

Emerson does not directly narrate a death penalty story, but the image in the coda records the fate of one of the rebellious enlisted men. There were two others in legal jeopardy from this affair: Sylvester Riley died while awaiting his court-martial in Fort Independence in Boston Harbor; and, 16-year-old Francis Dew drew a death sentence which was commuted by President Abraham Lincoln on account of Dew’s youth. -ed.)

Mrs. Lowell, anxious that the exact facts be known, wrote for me this account of the

MUTINY IN BOSTON.

A very painful incident took place while Colonel Lowell was recruiting for the Second Cavalry, which impressed him very much.

Stopping as usual, at eight o’clock one morning, at the recruiting station, he found the small squad of new recruits who were to be transferred that day to the camp at Readville, in a state of mutiny. Hearing the noise on his arrival, he descended at once to the basement, and the Sergeant in command explained that he had ordered a man to be handcuffed, that the others had said it was unjust and should not be done, and had resisted. Colonel Lowell at once said: ‘The order must be obeyed.’ ‘No! No!’ shouted the men. He continued: ‘After it is obeyed, I will hear what you have to say, and will decide the case on its merits, but it must be obeyed first. God knows, my men, I don’t want to kill any of you; but I shall shoot the first man who resists. Sergeant, iron your man.’ As the Sergeant stepped forward with the irons, the men made a rush, and Colonel Lowell shot the leader, who fell at once. The men succumbed immediately, some bursting into tears, such was their excitement.

The whole incident was very painful to Colonel Lowell, especially because he had always regarded it as one of the privileges of an officer that he did not have to kill with his own hand.

The circumstances, however, turned out as fortunately as was possible in such a case. The man had no relatives, so far as could be discovered, and his record showed that he was a very bad man, and had previously been in the Regular Army, so that he knew very well what he was doing in resisting an order.

One of Governor Andrew‘s staff, who was present when Colonel Lowell reported his action, gave the following account, which I copy from Professor Peirce’s life of Lowell in the Harvard Memorial Biographies:

Entering his Excellency’s room, he made a military salute and said, ‘I have to report to you, sir, that in the discharge of my duty I have shot a man’; then saluted again, and immediately withdrew. ‘I need nothing more,’ said the Governor to a bystander, ‘Colonel Lowell is as humane as he is brave.’

On this day..

1677: Benjamin Tuttle

Posted on by

On this date in 1677, Benjamin Tuttle expiated the murder of his sister Sarah in New Haven, Connecticut.

His parents, William and Elizabeth, were yeomen who left their Northamptonshire village for the colonies aboard the Planter in 1635, bringing the first three of what were eventually 12 children. (Two other Tuttell/Tuttle families, seemingly those of William’s brothers, shared the same passage.)

After a short stint in Boston, they were among the founding settlers who struck up the New Haven colony: William Tuttle’s signature appears on the “Fundamental Agreement of New Haven” establishing the town.

William waxed wealthy and he counts among his descendants the Great Awakening preacher Rev. Jonathan Edwards* and mercurial Vice President/duelist Aaron Burr. “His descendants,” David Greene remarked, “are famous for intellectual brilliance and, in some cases, for homicidal insanity.”

It is of course the homicidal insanity that earns their foothold in the pages of Executed Today … although we can scarcely avoid by way of character development noting that Sarah Tuttle, the eventual victim relevant to this post, attracted the tutting of the Puritan court as early as 1670 when as “a bold virgin” she ventured an illicit dalliance with a Dutch sailor named Jacob Murline and carried on “in such an imodest [sic], uncivil, wanton, lascivious manner.”

When her father William died unexpectedly in 1673, the younger cohort among his children had not been provided for, which set up years of tussling over the family estate. What surfaces in colonial court records down to 1709(!) is certainly just the tip of the iceberg; the Puritan God only knows what fathoms of crossed words and festering grudges compounded among the Tuttle children.

The most dramatic of these was an argument between Sarah and her younger brother Benjamin one night in November 1676. The surviving record of the jury’s inquest does not make clear how their argument began, but it ended with Benjamin barging into her house and fatally bashing her with an axe, leaving “the Skull and Jaw, eaxtremly broken, from the Jaw to hur neack, and soo to the crown of the head, one the right Sied of the Same, with part of her brayens out, wich ran out at a hool.” We’re grateful to this rootsweb page for the primary document; the narrative below comes from Sarah’s 12-year-old son John Slauson — hence the reference to “his mother” — as corroborated by John’s younger sister Sarah Slauson, and it ensues upon an exchange of “very short” words between their elders over the seemingly trifling matter of Sarah’s husband having to perform his town watch duties that night without having had his supper. Rebuked by his sister for his nastiness about this wifely shortcoming, Benjamin

went out of the dooars, an when he was out his bothar bead his Sistar Sarrah, Shutt the dore, beang It Smockt, and as She went to Shut It, bengiman tuttall came In with Sumtheng In his hand and Spock these words anggarly: Ile Shut the doar for you and soo went to his mother and struck her one the right Sied of the heed with that he broght In his hand, but knoes not whethar It was an ax or other weppon; at wich blow She fell and nevar Spock nor groned more; and followd with Sevrell blows aftar She fell, Standeng over hur, a pone wich he rune out of doars and cried [two illegible words]. Just as he struck his mothar the furst blow, bengiman tuttell Sayed I will tech you to Scold and a pone thaire criyeng out, bengiman tuttell fled; There beeng no parson In the hous when the mistchef begun, to help them.

Nor was Benjamin Tuttle’s death at the end of a rope the following June 13 the last this generation of Tuttles would know of axes. The very youngest daughter, Mercy, in 1691 wielded the same instrument to murder her young son Samuel in a fit of madness — although in this instance, the court found her worthy of her name because

she hath generally been in a crazed or distracted condition as well long before she committed the act, as at that time, and having observed since that she is in such a condition, [we] do not see cause to pass sentence of death against her, but for preventing her doing the like or other mischief for the future, do order, that she shall be kept in custody of the magistrates of New Haven.

* While it hardly rises to the level of homicide, this generation of the family also endured a wrenching divorce. Benjamin’s, Sarah’s, and Mercy’s sister Elizabeth, the paternal grandmother of Jonathan Edwards, was put aside by her husband in 1691 for a long-term refusal to sleep with him even as she carried on extramarital liaisons; biographers have not been above speculating on the family scandal as an influence upon Edwards. Elizabeth got overdue biographical treatment of her own in Ava Chamberlain’s 2012 The Notorious Elizabeth Tuttle: Marriage, Murder, and Madness in the Family of Jonathan Edwards.

On this day..

1951: The Einsatzgruppen Trial war criminals

Posted on by

A batch of Nazi war criminals highlighted by four condemned at the Einsatzgruppen trial hanged at Germany’s Landsberg Prison on this date in 1951.

Formed initially to decapitate Polish intelligentsia when Germany invaded that country in 1939, these notorious paramilitaries were deployed by Reinhard Heydrich behind the advancing German line of battle to pacify occupied territory. “Pacify” in the event meant slaying Communists, partisans, and of course, the Reich’s innumerable racial inferiors. Einsatzgruppen authored many mass executions like the massacre of Jews at Babi Yar outside Kiev, each local atrocity a self-conscious contribution to the wholesale genocide. All told these units might have killed upwards of 2 million human beings; they were also used to gather Eastern European Jews into urban ghettos, which subsequently became the staging points for deportations to the camps.

Postwar, the big Nuremberg war crimes tribunal against the major names in the German hierarchy unfolded from late 1945 in a multinational courtroom: American, British, French, and Russian judges and prosecutors working jointly.

But the emerging superpower rivalry soon narrowed the window for similar cooperation in successor trials, leading the rival powers to try cases on their own.* Accordingly, United States military tribunals unfolded 12 additional mass trials, known as the subsequent Nuremberg trials — each exploring particular nodes of the Nazi project — such as the Doctors’ trial and the IG Farben trial.

The Einsatzgruppen trial was one of these — 24 Einsatzgruppen officers prosecuted at the Palace of Justice from September 29, 1947 to April 10, 1948.

Twenty-two of the 24 were convicted of war crimes and crimes against humanity, and 14 sentenced to death. However, ten of the fourteen prospective hangings were commuted, and all surviving prisoners had been released by 1958. The four who actually went to the gallows at Landsburg Prison on June 7, 1951 were:

    Out of the total number of the persons designated for the execution, 15 men were led in each case to the brink of the mass grave where they had to kneel down, their faces turned toward the grave. At that time, clothes and valuables were not yet collected. Later on this was changed …

    When the men were ready for the execution one of my leaders who was in charge of this execution squad gave the order to shoot. Since they were kneeling on the brink of the mass grave, the victims fell, as a rule, at once into the mass grave.

    I have always used rather large execution squads, since I declined to use men who were specialists for shots in the neck (Genickschusspezialisten). Each squad shot for about one hour and was then replaced. The persons which still had to be shot were assembled near the place of execution, and were guarded by members of those squads, which at that moment did not take part in the executions.

    -Paul Blobel on his mass-execution process

  • Otto Ohlendorf, an economist tapped as commander of Einsatzgruppe D (educated and ideologically reliable administrator were intentionally sought for leadership positions in these gangs). Together with Ukrainian and Romanian auxiliaries, this unit killed 90,000 people in southern Ukraine and Crimea which the good functionary strove to render “military in character and humane under the circumstances.”
  • Werner Braune, a former Gestapo man who became chief of one of Einsatzgruppe D’s units, called Einsatzkommando 11b.
  • Erich Naumann, a former brownshirt turned commander of Einsatzgruppe B who frankly acknowledged to the tribunal that “I was ordered to Heydrich and I received clear orders from him for Russia. Now, first of all, I received the Fuehrer-Order concerning the killing of Jews, Gypsies and Soviet officials” and “considered the decree to be right because it was part of our aim of the war and, therefore, it was necessary.”
  • Paul Blobel, a World War I veteran become architect who was into his late forties when he helped organize the Babi Yar massacre. Afterwards, he had charge of Sonderaktion 1005, a 1942-1944 project to destroy evidence of such massacres by, e.g., digging up mass graves to pulverize and dynamite the remains into unrecognizability. “The mission was constituted after it first became apparent that Germany would not be able to hold all the territory occupied in the East and it was considered necessary to remove all traces of the criminal executions that had been committed,” according to Adolf Eichmann aide Dieter Wisliceny. Blobel “gave a lecture before Eichmann’s staff of specialists on the Jewish question from the occupied territories. He spoke of the special incinerators he had personally constructed for use in the work of Kommando 1005. It was their particular assignment to open the graves and remove and cremate the bodies of persons who had been previously executed. Kommando 1005 operated in Russia, Poland and through the Baltic area.”

In a concession to efficiency or spectacle, they were joined by the three other condemned men from other installments of the Nuremberg trials, the , against the directorate that ran Germany’s concentration camps.

  • Oswald Pohl, the head of he directorate that ran Germany’s concentration camps. He was the only person executed from his own particular installment of the war crimes trials, called thePohl trial
  • Georg Schallermair, an SS sergeant convicted for murders he’d personally committed at Dachau.
  • Hans Schmidt, the former adjutant of the Buchenwald concentration camp who carried his implausible insistence of ignorance as to the camp’s deaths all the way to the end. Schmidt’s name in the news might have inspired an American wrestling promoter to assign it in 1951, along with a boffo Nazi persona, to one of pro wrestling’s great heels.

* Here’s some information about Soviet war crimes trials.

On this day..

1754: Joseph Coulon de Jumonville, the first Washington atrocity

Posted on by

A volley fired by a young Virginian in the backwoods of America set the world on fire.

–Horace Walpole (Source)

On the 28th of May in 1754, a wilderness skirmish in colonial Pennsylvania set spark to the Seven Years’ War — thanks to a battlefield execution under the auspices of the future United States founding father George Washington.

The backdrop to what pro-French partisans would call the “Jumonville Affair” was the rivalrous jockeying of French and British flags in contested North American territory. Looking to check French raiding in Ohio that was feared prelude to an attempt to effect control of that valuable and disputed tract, Washington — here a 22-year-old British lieutenant colonel, many years away yet from his future glory as the American Revolution’s great general — had engaged the French 11 miles from present-day Uniontown, Pa..

It was a short fight: Washington got the drop on the French encampment and efficiently flanked them with his Iroquois allies. Fifteen minutes, and about 10 to 14 French killed, told the tale.

It’s remembered now as the Battle of Jumonville Glen, but its namesake wasn’t around to enjoy the distinction. Instead, that defeated French commander, one Joseph Coulon de Villiers de Jumonville, was allegedly taken prisoner by his opposite number but then killed out of hand by the Iroquois leader Tanacharison or Tanaghrisson (known as “Half-King” to Europeans).

There are differing accounts of exactly what happened and only speculative surmises as to why; in the most cinematically catchy version, Jumonville is attempting to communicate his mission to the victorious Washington — the two men do not share a language — when Tanaghrisson steps up to the captive and “cries out ‘Tu n’es pas encore mort, mon père’ (‘Thou art not yet dead, my father’), raises his hatchet over Jumonville’s head, and crashes it into his skull. Reaching into the skull, he extracts a handful of Jumonville’s brains and washes his hands in the pulpy gore.”* According to historian Fred Anderson, this was the native chief making a declaration of war against the French, rejecting their asserted “paternity” over Indians.

Now caught out with a small force of militiamen against a rival state that was sure to be incensed when it caught word Jumonville’s killing, Washington hastily dug in behind improvised palisades, a bunker unassumingly christened “Fort Necessity”. The Iroquois did not stick around, correctly urging Washington that he’d do best to abandon the field as he’d have no prospect of withstanding the large force of French regulars that was sure to answer Jumonville Glen. Just so: on July 3, the French reached the fort and forced its surrender after a few hours’ fighting.

The French-language capitulation that Washington signed on this signal occasion — the only surrender of his military career — characterized the slaying of Joseph Coulon de Villiers de Jumonville as an “assassination”. This word would be grist for years of competing propaganda between the contending empires, especially since the flying musket-balls from these two engagements would spiral into the French and Indian War (within the North American theater) and the Seven Years’ War (the larger European and global great powers war). Proving himself even at this moment to be every bit the American, Washington would spend the rest of his career attributing his assent to this incendiary word to his infelicity with French.

Despite slinking out of Pennsylvania with an L and a grudge against his translator, this frontier Gavrilo Princip did great service for his future country. Great Britain won the big war he’d started; her attempt in the 1760s and 1770s to settle the terms of her resulting domination of North America — like restricting colonization past the Appalachian Mountains, in deference to native allies like the Iroquois, or ratcheting up taxes to service gigantic war debts — only inflamed the colonists into the rebellion that put George Washington’s name onto his own imperial capital, and George Washington’s face on the world’s reserve currency. Tu n’es pas encore mort, mon père, indeed.

* Other accounts have the murder effected by musket shot, or even have Jumonville killed during the battle.

On this day..

2002: Johnny Joe Martinez

Posted on by

“My client, Johnny Joe Martinez, was executed on Wednesday, May 22. The time of death was 6:30. Two days before, the Texas Board of Pardons and Paroles voted against commuting Martinez’s death sentence to a sentence of life in prison by a vote of 9 to 8.”

This is from a touchingly personal obituary written by Martinez’s attorney and friend, David Dow — a prominent anti-death penalty advocate who has bylined several books.

A few books by David Dow

As indicated by drawing eight favorable votes from the notoriously commutation-averse Texas Board of Pardons and Paroles, Martinez‘s was an unusually sympathetic case.

Twenty years old and drunk, he’d successfully shoplifted some stuff from a Corpus Christi 7-11 late one night, then impulsively returned and robbed the till with a pocket knife to the neck of the clerk, Clay Peterson. He got $25.65 from the register, then suddenly stabbed the unresisting Peterson about the neck, back, and shoulders. You already know that the wounds proved fatal.

Seemingly stunned by his own senseless action, Martinez fled the store in tears, confusedly discarding the knife, then directly turned himself in to police. He couldn’t explain why he’d attacked Clay Peterson. “I don’t know. That’s a question I will never be able to answer.”

He was always going to be convicted of this crime, but a robust defense during the penalty phase of the U.S.’s distinctive bifurcated capital trial process had a high probability of success. Martinez had no criminal history and was obviously sincerely remorseful. You’d have a strong argument to make that he posed as little a future risk to society as one could imagine of a murderer.

Such a defense was not forthcoming, and because the lawyers who handled Martinez’s state appeals (Mr. Dow did federal appeals) also failed to mention it, the entire question became procedurally defaulted. One does not wish to verge into special pleading on behalf of a man who gratuitously took a life. But, weighing aggravation and mitigation is the very crux of the entire enterprise: the point of the death penalty machinery is to select from among homicides the worst crimes and criminals most exceptionally deserving of capital punishment. Were the threshold of “worst” implied by Martinez’s sentencing to be applied generally, there would be thousands of U.S. executions per annum.

Martinez in the end had a better hearing on this score from Clay Peterson’s mother than from the courts. Lana Norris met with her son’s killer personally shortly before the execution — gave him her forgiveness — and appealed for his life, a gesture that Martinez recognized appreciatively in his last statement seconds before the lethal drugs began flowing.

“Please do not cause another mother to lose her son to murder, needlessly!” she wrote to that same clemency board that would refuse Martinez’s appeal by a single vote. “There is no doubt in my mind, that to execute Mr. Martinez would be a double crime against society. Here is a young man that has truly repented and regrets his actions.”

On this day..

2020: Walter Barton, coronavirus milestone

Posted on by

Missouri graced America with her first coronavirus pandemic execution tonight.

Aptly emblematic of a moment where crumbling institutions reveal the post-Cold War empire’s far-advanced rot, Walter “Arkie”* Barton’s death on the gurney culminated three decades of shambolic re-prosecutions, reliant in the end for their victory on nothing but the unequal strength of the prosecutor’s office and the willingness of courts to certify junk science as real evidence.

The victim of the murder was the 81-year-old manager of Riverview Trailer Park, where Barton lived. He was friends with that woman, Gladys Kuehler, and visited her the afternoon of her murder; later, he together with Kuehler’s granddaughter and a neighbor discovered the woman’s body. She’d been sexually assaulted and horribly knifed, slashed and stabbed more than 50 times.

The key bits of evidence convincing jurors — several of whom submitted affidavits during Barton’s clemency stage regretting their findings — that Barton had been the author of this savage attack were essentially two:

  1. Blood-spatter expert testimony that a drop of blood on Barton’s shirt that was a DNA match for Gladys Kuehler had arrived there via a “high-impact” splat at velocity –i.e., flying fast off the murder weapon. This stuff is humbug of the same genus as the burn pattern pseudoscience that wrongly executed Cameron Willingham, and more importantly it’s conspicuously silent on why Barton, who didn’t change or wash his clothes, wasn’t ribboned with high-impact bloodstains from his slasher-film murder. His own hypothesis that he picked up a spot of blood at the time he helped discover the body is at least as compelling an explanation.
  2. The ubiquitous jailhouse snitch, behind bars for a list of frauds as long as your arm, to whom Walter Barton, that fool, just spontaneously confessed even while otherwise maintaining his innocence to everyone else who would listen. The use and abuse of these finks, whose comforts are directly controlled by one party in the adversarial hearing, is a factor in a great many wrongful convictions.

Aggressively prosecuted by an attorney general — Jay Nixon, subsequently Missouri’s governor — more politically ambitious than forensically rigorous over the span of no fewer than five trials, then upheld by a split 4-3 vote in the state’s highest court, this met the emptiest formal standards of technical sufficiency to take the life of Arkie Barton, a sort of hollow malevolent pantomime of a functioning liberal democracy’s justice system.

Barton’s was just the sixth U.S. execution of 2020, and the first since COVID-19 torpedoed everything in mid-March. The last previous U.S. execution was that of Nathaniel Woods in Alabama, on March 5. Various states have delayed scheduled execution dates during the 11 intervening weeks, but those and others loom on the dockets as states push to reopen once it’s semi-safe to operate the machinery of death.

* Because he hailed originally from Arkansas.

On this day..

1865: George Baker and George Beal, Salem murderers

Posted on by

A 1938 Oregon Magazine retrospective on the May 17, 1865 Salem, Ore. hanging of George Baker and George Beal(e) comes from a compilation of research on the wonderful site Oregon Pioneers.

These were very much pioneer days. The Pacific Northwest Oregon Territory started drawing large scale white settlement from the 1830s, with the onset of the Oregon Trail, the means by which both the offenders and the victim in this case arrived at this distant land.

The state of Oregon (only a subset of the Oregon Territory, which also comprised the present-day states of Washington and Idaho) attained statehood in 1859 with the census population weighing in at 52,000 the following year. Its first judicial executions only occurred in 1850 — so this punishment was very much a novelty, as the piece below indicates. (I’ve added some line breaks for readability.) There’s a great deal more at the Oregon Pioneers site.

SEVENTY-THREE Years is a long time, yet there are people now living who witnessed the execution of Beal and Baker on May l7th, 1865. The writer was a boy of 10 years at that time. Well do I remember the trial and execution of the men, for the murder of Daniel Delaney for his money.

Daniel Delaney was a wealthy stock raiser living about two miles southwest of Turner. He was a southerner and brought slaves with him to Oregon. He was a good citizen and a clean man, and his stock roamed over the hills and the valleys around Turner Station.

At that time he settled here there were no fences and the stock roamed over the whole country. There were no banks in this part of the state and whoever had money must hide it about his premises.

Delaney was supposed to have a lot of money. Beal was keeping a saloon in Salem in a building now occupied by the Marion Hotel. He lived across the street in a house south of the old Rector Hotel with his wife and mother. Beal had a partner in the crime, George Baker, who drove cattle for the early day butchers of Salem. He was a weak minded man, and lived on the block south of Beal’s saloon with his wife and three or four children.

On the night of the murder, Beal met Baker at a point on Mill Creek, formerly agreed upon. Beal was walking and Baker was riding a black mare hereafter mentioned in this article. At this point they obtained some charcoal which they used on their faces to disguise themselves, as Beal was well acquainted with Delaney, and often would stay all night with him while off on hunting trips when in that part of the country. He also crossed the plains in the same train with Delaney in 1843.

Delaney lived alone except for a colored boy, 12 years of age, and his dog. They called the old man out of the house and shot him and also the dog. The colored boy hid in the wood pile near the house. Delaney, who was wounded, recognized Beal and said to him, “Spare my life, Beal, and you can have all the money I have got.” Beal drew a revolver from his pocket and said to him, “Dead men do not talk,” and fired a shot that finished Delaney, who was wounded.

The colored boy remained in hiding until daylight next morning, then taking the dog, which was badly wounded, carried him over to one of Delaney’s sons about a mile away, giving the alarm.

Beal and Baker were soon arrested for the crime on suspicion. One of the suspicious circumstances was that the black mare which Baker was riding on the night of the murder had lost one shoe. Another was the finding of a hat band which had been lost off Beal’s hat.

The trial was very interesting and so many people wanted to hear the trial that there was not room in the old wooden court house which occupied the same ground as the present one, so the trial was held in the Holman block, used by the legislature before the state capitol was built.

The prisoners were defended by Caton & Curl with David Logan, prominent attorney in Oregon at that time. Rufus Mallory was prosecuting attorney. The colored boy proved to be a very good witness for the state; also the hat band which fitted Beal’s hat was found in his bed room after his arrest; also the black mare had one shoe missing.

The prisoners were found guilty after a long and tedious trial and were sentenced to be executed on the 17th day of May, 1865. For this purpose the county of Marion erected a wooden scaffold on the block on South Church street, bounded by Church, Mill, Winter and Leslie streets.

The prisoners were confined in a small brick jail on the northwest corner of the court house block, until the day of the execution, when they were taken from the jail by the then Sheriff of Marion County, Samuel Hedrick, and placed in a hotel bus and taken to the place of execution, where they paid the penalty of their crime.

The death march was impressive. At that time Marion county had a militia company known as the Marion Rifles. They were dressed in gaudy uniforms as on dress parade and formed around the bus in a hollow square with fixed bayonets. Marching east on Court to Church street, thence south on Church street to the place of execution. The procession was followed by a vast crowd of people.

The military unit then formed about the scaffold until after the execution. People came to witness this execution from all parts of the state, even some Indians from Grand Ronde and the Siletz reservations. In fact, it was considered a public holiday. My old school teacher, Pearson, a law and order man, dismissed school so his pupils could witness the execution of these men as an object lesson.

The high grounds about the mill race formed a natural amphitheater for the occasion. Beal walked up the steps to the platform on the scaffold with a firm step. He then produced a small bible and read from it a short chapter, and then said in a firm voice, “Now take this book and read it and follow its teachings and you will never come to what I have.” He then tossed the book to the people in the crowd.

Baker was very weak and had to be assisted up the steps.

Soon the rope was placed about the necks of the prisoners and it was soon over. Public sentiment was strong against these men, especially Beal, who was considered the master mind in this sad affair; even so much so that objections were made to them being buried in our local cemetery. But Daniel Waldo, a good old pioneer, granted space for them on his farm on what is known as the Waldo Hills. He said every man, good or bad, should be entitled to six feet of earth.

The public sentiment against the murderers was so far reaching it even extended to the attorneys for the defense, in the loss of practice. However, it sent Rufus Mallory, who prosecuted the case, to the lower house of congress from Oregon.

And it must have had some good effect in a moral way, for it was twenty years before another man was executed for murder in Marion County.

I wrote this story as I remember it as a boy of ten years of age. I had a chum like most boys, and we were interested very much in the trial and excitement. Sometimes we could not get a seat. One time we secured good seats but the sheriff, Samuel Hedrick, made us give them up to older people. We did not like it very much, but had to do it with a smile. But twenty-three years later the ten-year old boy had taken over his office.

On this day..