Category Archives: USA

1892: The People’s Grocery Lynchings of Memphis

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(Thanks to the nails-tough journalist Ida Wells for the guest post on the March 9, 1892 triple lynching in Memphis, Tennessee, of African American grocers Thomas Moss, Calvin McDowell and Will Stewart. Born a slave in Mississippi, Wells was in Memphis at this point running the black newspaper Free Press, which figures in the story; the victims, too, were personal friends of hers, particularly Tommie Moss to whose daughter Ida Wells stood godmother. The event is known as the Peoples’s Grocery Lynchings or the Lynchings at the Curve, and as will be seen from Wells’s piece it’s a rich cross-section of American pathologies. It’s also one that reshaped Wells’s entire life: she became the nation’s most ferocious anti-lynching crusader. This text is excerpted from a long address Wells delivered in Boston on February 13, 1893 titled “Lynch Law in All its Phases” — which was also the title of an anti-lynching pamphlet she was circulating. (Find the address and much more in this Ida Wells document archive.) She never returned to Memphis. -ed.)

We had nice homes, representatives in almost every branch of business and profession, and refined society. We had learned that helping each other helped all, and every well-conducted business by Afro-Americans prospered. With all our proscription in theatres, hotels and on railroads, we had never had a lynching* and did not believe we could have one. There had been lynchings and brutal outrages of all sorts in our own state and those adjoining us, but we had confidence and pride in our city and the majesty of its laws. So far in advance of other Southern cities was ours, we were content to endure the evils we had, to labor and wait.

But there was a rude awakening. On the morning of March 9, the bodies of three of our best young men were found in an old field horribly shot to pieces. These young men had owned and operated the People’s Grocery, situated at what was known as the Curve — a suburb made up almost entirely of colored people — about a mile from city limits. Thomas Moss, one of the oldest letter-carriers in the city, was president of the company, Calvin McDowell was manager and Will Stewart was a clerk. There were about ten other stockholders, all colored men. The young men were well known and popular and their business flourished, and that of Barrett, a white grocer who kept store there before the “People’s Grocery” was established, went down. One day an officer came to the “People’s Grocery” and inquired for a colored man who lived in the neighborhood, and for whom the officer had a warrant. Barrett was with him and when McDowell said he knew nothing as to the whereabouts of the man for whom they were searching, Barrett, not the officer, then accused McDowell of harboring the man, and McDowell gave the lie. Barrett drew his pistol and struck McDowell with it; thereupon McDowell, who was a tall, fine-looking six-footer, took Barrett’s pistol from him, knocked him down and gave him a good thrashing, while Will Stewart, the clerk, kept the special officer at bay. Barrett went to town, swore out a warrant for their arrest on a charge of assault and battery. McDowell went before the Criminal Court, immediately gave bond and returned to his store. Barrett then threatened (to use his own words) that he was going to clean out the whole store. Knowing how anxious he was to destroy their business, these young men consulted a lawyer who told them they were justified in defending themselves if attacked, as they were a mile beyond city limits and police protection. They accordingly armed several of their friends — not to assail, but to resist the threatened Saturday night attack.

When they saw Barrett enter the front door and a half dozen men at the rear door at 11 o’clock that night, they supposed the attack was on and immediately fired into the crowd wounding three men. These men, dressed in citizens’ clothes, turned out to be deputies who claimed to be hunting another man for whom they had a warrant, and whom any one of them could have arrested without trouble. When these men found they had fired upon officers of the law, they threw away their firearms and submitted to arrest, confident they should establish their innocence of intent to fire upon officers of the law. The daily papers in flaming headlines roused the evil passions of the whites, denounced these poor boys in unmeasured terms, nor permitted them a word in their own defense.


Headline and excerpt from the Appeal-Avalanche of March 9, 1892.

The neighborhood of the Curve was searched next day, and about thirty persons were thrown into jail, charged with conspiracy. No communication was to be had with friends any of the three days these men were in jail; bail was refused and Thomas Moss was not allowed to eat the food his wife prepared for him. The judge is reported to have said, “Any one can see them after three days.” They were seen after three days, but they were no longer able to respond to the greeting of friends. On Tuesday following the shooting at the grocery, the papers which had made much of the sufferings of the wounded deputies, and promised it would go hard with those who did the shooting, if they died, announced that the officers were all out of danger, and would recover. The friends of the prisoners breathed more easily and relaxed their vigilance. They felt that as the officers would not die, there was no danger that in the heat of passion the prisoners would meet violent death at the hands of the mob. Besides, we had such confidence in the law. But the law did not provide capital punishment for shooting which did not kill. So the mob did what the law could not be made to do, as a lesson to the Afro-American that he must not shoot a white man, — no matter what the provocation. The same night after the announcement was made in the papers that the officers would get well, the mob, in obedience to a plan known to every prominent white man in the city, went to the jail between two and three o’clock in the morning, dragged out these young men, hatless and shoeless, put them on the yard engine of the railroad which was in waiting just behind the jail, carried them a mile north of city limits and horribly shot them to death while the locomotive at a given signal let off steam and blew the whistle to deaden the sound of the firing.

“It was done by unknown men,” said the jury, yet the Appeal-Avalanche, which goes to press at 3 a.m., had a two-column account of the lynching. The papers also told how McDowell got hold of the guns of the mob, and as his grasp could not be loosened, his hand was shattered with a pistol ball and all the lower part of his face was torn away. There were four pools of blood found and only three bodies. It was whispered that he, McDowell, killed one of the lynchers with his gun, and it is well known that a policeman who was seen on the street a few days previous to the lynching, died very suddenly the next day after.

“It was done by unknown parties,” said the jury, yet the papers told how Tom Moss begged for his life, for the sake of his wife, his little daughter and his unborn infant. They also told us that his last words were, “If you will kill us, turn our faces to the West.”

All this we learned too late to save these men, even if the law had not been in the hands of their murderers. When the colored people realized that the flower of our young manhood had been stolen away at night and murdered, there was a rush for firearms to avenge the wrong, but no house would sell a colored man a gun; the armory of the Tennessee Rifles, our only colored military company, and of which McDowell was a member, was broken into by order of the Criminal Court judge, and its guns taken. One hundred men and irresponsible boys from fifteen years and up were armed by order of the authorities and rushed out to the Curve, where it was reported that the colored people were massing, and the point of the bayonet dispersed these men who could do nothing but talk. The cigars, wines, etc., of the grocery stock were freely used by the mob, who possessed the place on pretence of dispersing the conspiracy. The money drawer was broken into and contents taken. The trunk of Calvin McDowell, who had a room in the store, was broken open, and his clothing, which was not good enough to take away, was thrown out and trampled on the floor.

These men were murdered, their stock was attached by creditors and sold for less than one-eighth of its cost to that same man Barrett, who is to-day running his grocery in the same place. He had indeed kept his word, and by aid of the authorities destroyed the People’s Grocery Company root and branch. The relatives of Will Stewart and Calvin McDowell are bereft of their protectors. The baby daughter of Tom Moss, too young to express how she misses her father, toddles to the wardrobe, seizes the legs of the trousers of his letter-carrier uniform, hugs and kisses them with evident delight and stretches up her little hands to be taken up into the arms which will nevermore clasp his daughter’s form. His wife holds Thomas Moss, Jr., in her arms, upon whose unconscious baby face the tears fall thick and fast when she is thinking of the sad fate of the father he will never see, and of the two helpless children who cling to her for the support she cannot give. Although these men were peaceable, law-abiding citizens of this country, we are told there can be no punishment for their murderers nor indemnity for their relatives.

I have no power to describe the feeling of horror that possessed every member of the race in Memphis when the truth dawned upon us that the protection of the law which we had so long enjoyed was no longer ours; all this had been destroyed in a night, and the barriers of the law had been thrown down, and the guardians of the public peace and confidence scoffed away into the shadows, and all authority given into the hands of the mob, and innocent men cut down as if they were brutes — the first feeling was one of utter dismay, then intense indignation. Vengeance was whispered from ear to ear, but sober reflection brought the conviction that it would be extreme folly to seek vengeance when such action meant certain death for the men, and horrible slaughter for the women and children, as one of the evening papers took care to remind us. The power of the State, country and city, the civil authorities and the strong arm of the military power were all on the side of the mob and of lawlessness. Few of our men possessed firearms, our only company’s guns were confiscated, and the only white man who would sell a colored man a gun, was himself jailed, and his store closed. We were helpless in our great strength. It was our first object lesson in the doctrine of white supremacy; an illustration of the South’s cardinal principle that no matter what the attainments, character or standing of an Afro-American, the laws of the South will not protect him against a white man.

There was only one thing we could do, and a great determination seized upon the people to follow the advice of the martyred Moss, and “turn our faces to the West,”** whose laws protect all alike. The Free Speech supported by our ministers and leading business men advised the people to leave a community whose laws did not protect them. Hundreds left on foot to walk four hundred miles between Memphis and Oklahoma. A Baptist minister went to the territory, built a church, and took his entire congregation out in less than a month. Another minister sold his church and took his flock to California, and still another has settled in Kansas. In two months, six thousand persons had left the city and every branch of [white] business began to feel this silent resentment of the outrage, and failure of the authorities to punish the lynchers. There were a number of business failures and blocks of houses were for rent. The superintendent and treasurer of the street railway company called at the office of the Free Speech, to have us urge the colored people to ride again on the street cars. A real estate dealer said to a colored man who returned some property he had been buying on the installment plan: “I don’t see what you ‘niggers’ are cutting up about. You got off light. We first intended to kill every one of those thirty-one ‘niggers’ in jail, but concluded to let all go but the ‘leaders.'” They did let all go to the penitentiary. These so-called rioters have since been tried in the Criminal Court for the conspiracy of defending their property, and are now serving terms of three, eight, and fifteen years each in the Tennessee State prison.

To restore the equilibrium and put a stop to the great financial loss, the next move was to get rid of the Free Speech, — the disturbing element which kept the waters troubled; which would not let the people forget, and in obedience to whose advice nearly six thousand persons had left the city. In casting about for an excuse, the mob found it in the following editorial which appeared in the Memphis Free Speech, — May 21, 1892:

Eight negroes lynched in one week. Since last issue of the Free Speech one was lynched at Little Rock, Ark., where the citizens broke into the penitentiary and got their man; three near Anniston, Ala., and one in New Orleans, all on the same charge, the new alarm of assaulting white women — and three near Clarksville, Ga., for killing a white man. The same program of hanging — then shooting bullets into the lifeless bodies was carried out to the letter. Nobody in this section of the country believes the old threadbare lie that negro men rape white women. If Southern white men are not careful they will overreach themselves, and public sentiment will have a reaction. A conclusion will then be reached which will be very damaging to the moral reputation of their women.

Commenting on this, The Daily Commercial of Wednesday following said:

Those negroes who are attempting to make lynching of individuals of their race a means for arousing the worst passions of their kind, are playing with a dangerous sentiment. The negroes may as well understand that there is no mercy for the negro rapist, and little patience with his defenders. A negro organ printed in this city in a recent issue publishes the following atrocious paragraph: ‘Nobody in this section believes the old threadbare lie that negro men rape white women. If Southern white men are not careful they will overreach themselves and public sentiment will have a reaction. A conclusion will be reached which will be very damaging to the moral reputation of their women.’ The fact that a black scoundrel is allowed to live and utter such loathsome and repulsive calumnies is a volume of evidence as to the wonderful patience of Southern whites. There are some things the Southern white man will not tolerate, and the obscene intimation of the foregoing has brought the writer to the very uttermost limit of public patience. We hope we have said enough.

The Evening Scimitar of the same day copied this leading editorial and added this comment:

Patience under such circumstances is not a virtue. If the negroes themselves do not apply the remedy without delay, it will be the duty of those he has attacked, to tie the wretch who utters these calumnies to a stake at the intersection of Main and Madison streets, brand him in the forehead with a hot iron and —

Such open suggestions by the leading daily papers of the progressive city of Memphis were acted upon by the leading citizens and a meeting was held at the Cotton Exchange that evening. The Commercial two days later had the following account of it:

ATROCIOUS BLACKGUARDISM.

There will be no Lynching and no Repetition of the Offense.

In its issue of Wednesday The Commercial reproduced and commented upon an editorial which appeared a day or two before in a negro organ known as the Free Speech. The article was so insufferable and indecently slanderous that the whole city awoke to a feeling of intense resentment which came within an ace of culminating in one of those occurrences whose details are so eagerly seized and so prominently published by Northern newspapers. Conservative counsels, however, prevailed, and no extreme measures were resorted to. On Wednesday afternoon a meeting of citizens was held. It was not an assemblage of hoodlums or irresponsible fire-eaters, but solid, substantial business men who knew exactly what they were doing and who were far more indignant at the villainous insult to the women of the South than they would have been at any injury done themselves. This meeting appointed a committee to seek the author of the infamous editorial and warn him quietly that upon repetition of the offense he would find some other part of the country a good deal safer and pleasanter place of residence than this. The committee called on a negro preacher named Nightingale, but he disclaimed responsibility and convinced the gentlemen that he had really sold out his paper to a woman named Wells. This woman is not in Memphis at present. It was finally learned that one Fleming, a negro who was driven out of Crittenden Co. [the Arkansas county facing Memphis across the Mississippi River -ed.] during the trouble there a few years ago, wrote the paragraph. He had, however, heard of the meeting, and fled from a fate which he feared was in store for him, and which he knew he deserved. His whereabouts could not be ascertained, and the committee so reported. Later on, a communication from Fleming to a prominent Republican politician, and that politician’s reply were shown to one or two gentlemen. The former was an inquiry as to whether the writer might safely return to Memphis, the latter was an emphatic answer in the negative, and Fleming is still in hiding. Nothing further will be done in the matter. There will be no lynching, and it is very certain there will be no repetition of the outrage. If there should be —

Friday, May 25.

The only reason there was no lynching of Mr. Fleming who was business manager and half owner of the Free Speech, and who did not write the editorial, was because this same white Republican told him the committee was coming, and warned him not to trust them, but get out of the way. The committee scoured the city hunting him, and had to be content with Mr. Nightingale who was dragged to the meeting, shamefully abused (although it was known he had sold out his interest in the paper six months before). He was struck in the face and forced at the pistol’s point to sign a letter which was written by them, in which he denied all knowledge of the editorial, denounced and condemned it as slander on white women. I do not censure Mr. Nightingale for his action because, having never been at the pistol’s point myself, I do not feel that I am competent to sit in judgment on him, or say what I would do under such circumstances.

I had written that editorial with other matter for the week’s paper before leaving home the Friday previous for the General Conference of the A.M.E. Church in Philadelphia. Conference adjourned Tuesday, and Thursday, May 25, at 3 p.m., I landed in New York City for a few days’ stay before returning home, and there learned from the papers that my business manager had been driven away and the paper suspended. Telegraphing for news, I received telegrams and letters in return informing me that the trains were being watched, that I was to be dumped into the river and beaten, if not killed; it had been learned that I wrote the editorial and I was to be hanged in front of the court-house and my face bled if I returned, and I was implored by my friends to remain away. The creditors attacked the office in the meantime and the outfit was sold without more ado, thus destroying effectually that which it had taken years to build. One prominent insurance agent publicly declares he will make it his business to shoot me down on sight if I return to Memphis in twenty years, while a leading white lady had remarked she was opposed to the lynching of those three men in March, but she wished there was some way by which I could be gotten back and lynched. I have been censured for writing that editorial, but when I think of five men who were lynched that week for assault on white women and that not a week passes but some poor soul is violently ushered into eternity on this trumped up charge, knowing the many things I do, and part of which tried to tell in the New York Age of June 25, (and in the pamphlets I have with me) seeing that the whole race in the South was injured in the estimation of the world because of these false reports, I could no longer hold my peace, and I feel, yes, I am sure, that if it had to be done over again (provided no one else was the loser save myself) I would do and say the very same again. The lawlessness here described is not confined to one locality. In the past ten years over a thousand colored men, women and children have been butchered, murdered and burnt in all parts of the South. The details of these terrible outrages seldom reach beyond the narrow world where they occur. Those who commit the murders write the reports, and hence these blots upon the honor of a nation cause but a faint ripple on the outside world. They arouse no great indignation and call forth no adequate demand for justice. The victims were black, and the reports are so written as to make it appear that the helpless creatures deserved the fate which overtook them.

A few books about and by Ida Wells

* Just six months prior to the events described in this post, a labor conflict in Lee County, Arkansas — just down the Mississippi and involving some Memphis workers — had been, in the words of an Arkansas Gazette headline, “Settled with Rope”.

** Many migrated to Oklahoma, which opened formerly reservation land to non-Indian settlement on April 19, 1892.

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2020: Nathaniel Woods, #SaveNate

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Nathaniel Woods was controversially executed by lethal injection at William C. Holman Correctional Facility in Atmore, Alabama, tonight at 9:01 p.m. U.S. Central Time.

Woods and Kerry Spencer — a co-defendant who is awaits execution for the same affair — were in a Birmingham trap house when officers Charles Bennett, Harley Chisholm III, Carlos Owen and Michael Collins arrived to serve a warrant. Of the four, only Collins would outlive the deadliest day in Birmingham police history.

While the facts of the case are contested, one that is universally agreed is that Kerry Spencer, not Nathaniel Woods, killed all three officers. Woods met them but as the police were in the process of taking him into custody, Spencer — just waking up from the commotion, he claimed — burst onto the scene firing an SKS.

“When I looked to the side, there was two police officers trying to train their guns on me so I opened fire with the fucking rifle. I wasn’t trying to get shot, period. I got a rifle in my hand. They’re going to shoot me,” Spencer told CNN. “You point a gun at me, bitch, I’m fixing to shoot.”

Woods said he simply fled from an unexpected crossfire, and Spencer agrees. “Nate is absolutely innocent,” he said. “That man didn’t know I was going to shoot anybody just like I didn’t know I was going to shoot anybody that day, period.” Alabama prosecutors characterized Woods as conspiring with Spencer to lure the cops into an ambush.

Woods and Spencer not only deny this, but developed an explosive appellate argument — never probed by any court — that the slain policemen were hassling the place as part of a routine police shakedown racket, to which the apartment’s owner had fallen behind on payments, and intimidated that owner out of providing exculpatory evidence.

But at a minimum, Woods’s execution presented the disturbing spectacle of a non-triggerman being punished for actions to which he might have been little other than a bystander. The #SaveNate campaign garnered a wide and fruitless call for clemency compassing civil rights leaders …

… celebrities …

… and at least one relative of a victim.

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1930: Dr. James Snook, Ohio State University professor

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Ohio State University professor Dr. James Howard Snook was electrocuted on this date in 1930.

The eggheaded veterinary lecturer, Snook was an Olympic gold medalist in pistol shooting.* On a site like Executed Today one would presume that sidearms appear with a Chekhovian purpose, but it will transpire that different instruments cause his downfall.

Beginning, as so often occurs, with the instrument the good Lord gave him, which in 1926 was diverted from his wife in favor of comely undergraduate Theora Hix.

Dr. Snook soon installed his paramour in an apartment from which they carried on a torrid three-year love affair whilst Hix progressed to medical school. “We didn’t love each other,” Snook testified. “We satisfied each other’s needs.”

Hix’s needs, by Snook’s interested account, grew shockingly ravenous: she used cocaine, liked to hit and threaten him, and took on other lovers — including another university professor, agronomist Marion T. Meyers. The doctor’s explication of their relationship scandalized the university and the nation for the sordid particulars of their stormy affair. “Almost every letter trailed off into obsceneities [sic],” notes one report (Louisville Courier-Journal, Aug. 9, 1929.) “For the most part their content is unpublishable.” His own counsel was seen to chortle as some were read out to a stunned court, before rising in a vain attempt to claim they proved his client’s insanity.


Fort Lauderdale (Fla.) Daily News, July 1, 1929.

According to Snook’s testimony, matters fell apart on a motor outing on June 13, 1929, when he attempted to decline a weekend’s canoodle citing his domestic obligations: “She replied, ‘Damn Mrs. Snook. I am going to kill her and get her out of the way.'” And as Hix began raining blows on Dr. Snook, he grabbed a ball-peen hammer from the car toolkit and struck her … and then kept striking.

“I was sure she was going to shoot me,” Snook said through tears, claiming that he feared she carried a weapon in her purse. “My only thought was to stop her. I sprang after her and struck her again.” (Quotes per the Pittsburgh Post-Gaztte, Aug. 9, 1929.)

After bashing her about four times, she was a crumpled but still-breathing heap outside his vehicle. According to a confession that Snook attempted to repudiate, he then clinically finished her off with a pocket knife to her jugular, as a mercy.

* In the 30-meter team military pistol and 50-meter team military pistol competitions at the 1920 Antwerp games. This also happened to be the last year these disciplines were contested at the Olympics.

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1860: James Stephens

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James Stephens hanged in New York on this date in 1860, for poisoning his wife.

We’ve referenced passingly a number of 19th century hangings on then-trendy “upward-jerking” gallows — whose action is not to drop the offender down through a trap, but to drop a heavy weight which levers the offender up.

Thanks to the Feb. 4, 1860 edition of the New York Herald, we have a very detailed description of this macabre device.

Perhaps the reporter’s skepticism as to this machine’s humane efficacy is informed here by a bit of hindsight, for when it engaged to end the life of our Mr. Stephens,

Up went the culprit high into the air, not with a sudden violent jerk as usual, but slowly, as if by the strength of a man’s arms, instead of a powerful weight of some 300 pounds. It became evident immediately that something was wrong, and soon a rumor went round that the rope had been unwound instead of cut by the hangman. It appeared that the executioner, who was inexperienced, got frightened, and thus the barbarous manner of hanging the culprit was explained.

It was extraordinary that under these circumstances the unfortunate wretch, suspended between heaven and earth, did not exhibit indications of violent suffering. The moment the rope tightened around his neck, and he was elevated about half way up, a slight twitching of the fingers and kicking of the legs were perceptible. Then a few moments intervened without the slightest indication of suffering, except the hard breathing, which was fearful to listen to. After hanging two minutes in this way, another convulsive throe took place; the vessels in the neck seemed to be swelled almost to bursting, the fingers and wrists assumed a bluish hue, and the feet twitched once or twice spasmodically. Three minutes came, and with it a very feeble tremor showed itself in the whole body; but it lasted only a few seconds, when all further motion ceased, and life seemed to be completely extinct. The surgeons, Drs. Woodward, Simmons and Covell, viewed the body after a suspension of five minutes, and gave it as their opinion that animation was certainly gone; but the body was not lowered until fourteen minutes had expired. The surgeons then again examined the body, found no pulse, and the flesh icy cold. Considering the circumstances, the culprit died a remarkably easy death, which was owing, doubtless, to the feeble condition of his constitution. Had he been in good strength at the time of his execution there is no question but that he would have struggled in the most frightful agony for half an hour.

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1927: Ada Bonner LeBoeuf and Dr. Thomas E. Dreher

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A call back to the sadly demobilized crime blog CLEWS for the double execution on this date in 1927 of Louisiana adulterous lovers Ada Bonner LeBoeuf and Dr. Thomas E. Dreher, for the murder (via hireling) of Mrs. LeBoeuf’ husband …

The first-degree murder trial that followed a month after the murder of Mr. LeBoeuf was billed in the press as one of the Southland’s most sensational legal battles, since, it was reported, the South hadn’t convicted and hanged a white woman for murder since Reconstruction days, and Louisiana had never hanged a white woman for murder, not even in the days of French and Spanish rule.

The trial was a cross-country sensation. The state produced nearly a dozen witnesses who testified to the details of the scandal. Per these many witnesses, the light-o’-loves carried on their small-town affair in the “negro shacks” on the outskirts of the village. The evidence included love letters that were read aloud.

Read the whole jam here.

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1872: George “Charcoal” Botts

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It’s the old, old story: conniving war profiteer helps client get divorce, conniving war profiteer installs divorced client as mistress, rival lover also awaiting divorced client’s divorce shoots conniving war profiteer, rival lover winds up on Executed Today.

It’s the story of George Botts (hanged January 27, 1872) and D.C. Civil War gadabout Oliver “Pet” Halsted. Friends of the site Murder By Gaslight has the details.

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1866: The Nashville murderers of William Hefferman

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Blood accumulates upon us. Verily, it does seem that the reins of justice have been loosely thrown to the devil, and that we are all driving at breakneck speed in the same direction.

-Nashville Banner (via)

On this date in 1866, four youths employed as teamsters in the Army corrals of Union-occupied Nashville were hanged for a brutal highway robbery/murder.

The victim was William Hefferman, a wealthy railway contractor. His assailants were George Crabb/Craft, James Lysaught, Thomas Perry/Ferry, and James Knight; Knight at 20 was the only one out of his teens. On the night of November 22, 1865, they held up Hefferman’s carriage. The situation turned deadly when Hefferman’s son-in-law, attempting to protect the old man from the blows of the assailants when he refused to give them any money, fired a shot that wounded Crabb — which led to a return shot that mortally wounded Hefferman. He succumbed to the wound a few days later.

This was the immediate, unsettled aftermath of the U.S. Civil War, occasion for a robust crime wave that held Middle Tennessee in terror. “Nashville is infested by bands of robbers and murderers,” complained the Ohio newspaper The Spirit of Democracy (Dec. 6, 1865). Hefferman’s murder would be one of the signal crimes of that interim and draw nationwide outrage — all of which helped the killers’ associates to shop them very speedily. The army’s drumhead court-martial was gaveled in within a week and the hoodlums were lucky to get that far. “Great excitement exists in the city,” a dispatch to the Daily Ohio Statesman (Nov. 28, 1865) reported. “The streets are thronged with men vowing vengeance and threatening lynch law. Tonight meetings are being held in each ward to form a citizen patrol. A spark may incite the crowd to mob law.”

As it was a military trial, the appeal went up the chain of command to U.S. President Andrew Johnson,* who denied it. However, such a proceeding would not have been licit under the imminent (April 1866) U.S. Supreme Court holding in Ex Parte Milligan — which held that military courts cannot try civilians wherever civilian courts are open.

It is their youth, their boyishness, that leaps off the page in the accounts of their last hours — such as this from the Cleveland Daily Leader of January 29:

The four Heffernan [sic] murderers were hung to-day, at thirteen minutes past twelve o’clock. Their real names are James Knight, Thomas Perry, George Crab and James Lysaught. Two had been in the rebel army.

Yesterday several orthodox ministers called, conversed and prayed with the prisoners, who exhibited some emotion. Afterward, Father Begrath, of the Catholic Church, was with them. They all professed the Roman Catholic faith. Knight and Perry were baptised. The other two had been baptised in infancy. The prisoners had previously shown great hardihood, singing such pieces as “Bold Jack Dunaho” and “Bingen on the Rhine.” The past two days had tamed them down, but they were still stolid, frivolous and careless, joking about their doom.

This morning, Perry’s brother brought him clothing. The parting scene between them was heart-rending, Perry giving way to tears and sobs. Colonel Innis provided the others with clothing. Lysaught said, at first, that he didn’t want any pants, as those he had on were good as gold to hang in. Crab was asked to tell who shot Hefferman. He replied, “That is not a fair question; I’ll never tell that in this world.”

Father Begrath came about ten o’clock to attend them in their last moments. Lysaught said he felt as gay as a lay. He said he had been badly treated, else he would be with his parents now. Father Begrath read a touching letter from Lysaught’s parents to the Bishop, asking him to have James’ grave marked that some day they might take the body away. He was earnestly exhorted to repentance, but he remained almost stolid. Some one in the room having a looking-glass, he jumped up, exclaiming, “By golly, I must look at my face once more.” Then turning to Crab, he remarked, “Look at yours — it is your last chance.”

Crab replied, “It aint any use.” Lysaught asked, laughingly, “afraid you’ll break the glass?” when all four seemed much tickled. Crab having eased Lysaught’s handkerchief, the latter playfully snatched it away, saying, “let me smell it everlasting.” Then, turning to Crab, said, “you’re enough to make a monkey grin.”

Perry was asked if he feared to die. He replied “I don’t dread it a bit. It’s best to take it easy, it’s got to come.”

Crab indicted the following letter to Byron Heston, Oswego, New York:

George Crab, the boy who used to run on the packet with you, in 1861, is about to be hung. He requests to be remembered, kindly, to yourself and family.

Perry took his brother aside at parting, and advised him never to indulge in sinful, lazy ways, never to swear, and to let alone whisky, cards and bad houses, “for the like of this has brought me to the gallows. I want you to take my body home and let mother see me. I am sorry she did not see me before I was hung. Tell her to meet me in a better world, as I am prepared to die. God bless you! Good-bye!”

When the priest left them for a few moments they began to chat and joke about the ropes that would hang them, the feeling of contrition being evanescent.

An immense crowd, numbering fifteen thousand persons, were on the ground. At twenty minutes past eleven, the prisoners were brought to the gallows, which they mounted with a firm step, and stood gazing around for nineteen minutes, while the charges and specifications and sentence were read. Perry composedly leaned against one of the uprights, and surveyed the crowd. Crabb took hold of the noose before him, and viewed it with a comic look, testing its strength with his thumb, and rubbing his head against the rope.

Knight buttoned his coat, chewing his cud of tobacco violently and showing nervousness. As his arms were bound he quivered a moment. During the prayer he knelt, bowing his head and holding his handkerchief to his nose, which was bleeding. His last words were: “I have no hard feelings against any one. I am going to a better world.” Lysaught took a farewell chew of tobacco, saying “Pretty rough, ain’t it?” He asked forgiveness of all whom he had injured, adding, “I am glad we had time for repentance; I am glad we were removed from the jail to the Penitentiary. If I had stayed at the jail I would have starved to death.” Crab also asked forgiveness for his misdeeds, and thanked Mr. Johnson, keeper of the Penitentiary, for his kindness. Just before the drop fell, he shrugged his shoulders and exclaimed, “It’s kind o’ cold.” A chum called on him on the platform, and was affectionately kissed by Knight and Crab; as he went down the steps, the former called out, “Take warning by this.”

Just before the drop fell, Perry held out his hat and said, “Jim Johnson give my brother that.”

At thirteen minutes after 12 o’clock the rope was cut, and the four bodies fell with a heavy thump. Lysaught’s neck was broken. The knot slipped with Knight and Crab, who died with many struggles and convulsive writhings. Perry died by strangulation, but did not move much.

After hanging twenty minutes the bodies were cut down and placed in common pauper coffins.

An early attempt was made to erect whisky, candy and apple stands among the crowd of spectators, but the military promptly interfered.

The bearing of the condemned showed that they had agreed to brave it out. Their highest estimation of conduct on such occasions seems to have been to die game. They certainly met death with as little show of fear as it possible to imagine in youths not out of their teens.

* By coincidence, Johnson had been the military governor of Tennessee during the war.

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1774: John Malcom, tarred and feathered

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On this date in 1774,* in the British official John Malco(l)m was tarred and feathered and mock-executed by enraged Bostonians during the tense run-up to the American Revolution.

Malcom’s militant Loyalism put him sharply at odds with his city’s’s rising Patriot ultras — the sorts of people who, just a month before, had provocatively dumped British East India Company tea into Boston Harbor.

Malcom himself hadn’t been proximate to that event but as a customs official he’d made himself obnoxious on the docks before. In October of 1773, he seized a ship in Falmouth,** threatening “to sheath his sword in the bowels of any one who dared dispute his authority.” The sailors responded by sheathing John Malcom in a coat of tar and feathers and marching him through the streets.

This vigilante justice was meant to come up short of serious physical injury, and it did. But it was a crippling public disgrace, far beyond the streets of Falmouth — an ironic situation since Malcom’s own late brother Daniel was a celebrated Patriot bootlegger.† Back in Boston, Malcom found himself heckled in the streets about the incident to such an extent that he complained to the governor. (The governor told him to suck it up.) And it bubbled right to the surface in the incident that brings today’s post, too.

On January 25 of 1774, one of the Patriot participants in the aforementioned Boston Tea Party named George Robert Twelves Hewes‡ happened across the hated crown agent — “standing over a small boy who was pushing a little sled before him, cursing, damning, threatening and shaking a very large cane with a very heavy ferril on it.” (That’s according to the next week’s (Jan. 31, 1774) Boston Gazette, as are the subsequent quotes in this post.) Apparently the kid had crashed his conveyance into Malcom while out frolicking in the deep winter’s snow.

Hewes interceded for the child, and Malcom rounded on him: “you are an impertinent rascal, it is none of your business!” Flexing his class rank, Malcom further scolded the “vagabond” that he ought not address a gentleman in public. Hewes dissented and after an exchange of barbs cut Malcom to the quick with the retort, “be that as it will, I never was tarred or feathered.” This own brought Malcom’s heavy cane crashing into Hewes’s head, crumpling the Good Samaritan to the cobblestones.

Angry bystanders to the incident trailed Malcom home, and heaven only knows what hard words were traded on the way. He should have been worried and maybe he was, but his blood was up from Hewes’s insult: Malcom stood on the threshold and verbally sparred with his angry neighbors — “you say I was tarred and feathered, and that it was not done in a proper manner, damn you let me see the man that dare do it better! I want to see it done in the new-fashioned manner.” The man’s Falmouth tarring, you see, had been leniently poured over his clothes, which might have been hell on his dry cleaning bills but also minimized the injury that hot tar could do to naked skin. Now he was daring a rougher treatment at the hands of Bostonians who had certainly proven up to that challenge in the past.

Calmer heads knew this situation could spiral out of control and judiciously steered the irate official into his house. But Malcom was not to be stilled; when his wife opened a sash to implore the crowd to disperse, her husband exploited the opening to thrust a sword into the breast of a bystander. Luckily for both parties the blade struck bone, causing only a glancing flesh wound.

Somehow the irascible coot restrained himself in the house long enough for this disturbance to subside, while Hewes shook off his concussion well enough to swear out a warrant.

But by evening, word of this politically charged provocation had circulated in Boston, along with all Malcom’s bluster — “among other things, that he would split down the yankees by dozens, and receive 20l. sterling a head for every one he destroyed.” A crowd started assembling again at Mr. Malcom’s door, now dangerously intent on its purpose.

they got ladders and beating in an upper window, entered the house and took him without loss of blood, and dragging him out put him on a sled, and amidst the huzzas of thousand[s], brought him into King street. Several Gentlemen endeavoured to divert the populace from their intention, alledging that he was open to the laws of the land which would undoubtedly award a reasonable satisfaction to the parties he had abused; they answered he had been an old, impudent and mischievous offender — he had joined in the murders at North Carolina — he had seized vessels on account of sailors having a bottle or two of gin on board — he had in office, and otherwise, behaved in the most capricious, insulting and daringly abusive manner — and on every occasion discovered the most rooted enmity to this country, and the defenders of its rights — that in case they let him go they might expect a like satisfaction as they had received in the cafes of Richardson and the soldiers, and the other friends of government. With these and such-like arguments, together with a gentle crouding of persons not of their way of thinking out of the ring, they proceeded to elevate Mr. Malcom from his sled into the cart, and stripping him to buff and breeches, gave him a modern jacket, and hurried him away to liberty-tree, where they proposed to him to renounce his present commission, and swear that he would never hold another inconsistent with the liberties of his country; but this he obstinately refusing, they then carted him to the gallows, passed a rope round his neck, and threw the other end over the beam as if they intended to hang him: But this manoeuvre he set at defiance. They then basted him for some time with rope’s end, and threatened to cut his ears off, and on this he complied, and they the brought him home.

See, reader, the effects of a government in which the people have no confidence!


“Bostonians Paying the Excise-Man, or Tarring and Feathering” (color version of same). This print and the next one make reference to a dubious report in London papers that Malcom was made to guzzle tea to the point of bursting for “your whole Fraternity at the Custom house would drench us with this Poison, and we are to have our Throats cut if it will not stay upon our Stomachs.”


“A new method of macarony making, as practiced in Boston”. (A different print with a nearly identical title shows an expanded view of a gallows here.) The number 45 seen on the hat above was code for Liberty at this period, due to the daring anti-monarchist sentiment in issue no. 45 of radical agitator John Wilkes‘s The North Briton.


A French engraving of the event, from 1784.

* There are a few other dates besides Tuesday, January 25 to be found out there, but newspaper reports from the time clearly place it on that day. Malcom himself later circulated a strange bulletin to Boston churches confirming the date with the words “John Malcom returns thanks to Almighty God, that again he is able to wait on him again in the public worship, after the cruel and barbarous usage of a cruel and barbarous savage mob in Boston, on the 25th evening of January last past confined him to house, bed and room.”

** The town of Falmouth is now Portland, Maine. Its most famous revolutionary war incident was put it to the torch by the British in 1775.

† Daniel Malco(l)m’s grave is pocked by musket balls fired at the marker for good luck by redcoats.

‡ Hewes lived to the ripe old age of 98. Enjoy a public domain 1830s biography drawn from personal conversation with the old veteran here … including Hewes’s recollection of the tarring and feathering, which in his telling was clearly extremely traumatic to his antagonist.

The people, however, soon broke open the door, and took Malcom into their custody. They then took him to the place where the massacre was committed, and their flogged him with thirty-nine stripes. After which, they besmeared him thoroughly with tar and feathers; they then whipped him through the town, till they arrived at the gallows, on the neck, where they gave him thirty-nine stripes more, and then, after putting one end of a rope about his neck, and throwing the other end over the gallows, told him to remember that he had come within one of being hanged. They then took him back to the house from whence they had taken him, and discharged him from their custody.

The severity of the flogging they had given him, together with the cold coat of tar with which they had invested him, had such a benumbing effect upon his health, that it required considerable effort to restore his usual circulation. During the process of his chastisement, the deleterious effect of the frost, it being a cold season, generated a morbid affection upon the prominent parts of his face, especially upon his chin, which caused a separation and peeling off of some fragments of loose skin and flesh, which, with a portion of the tar and feathers, which adhered to him, he preserved in a box, and soon after carried with him to England, as the testimonials of his sufferings in the cause of his country. On his arrival in England soon after this catastrophe Malcom obtained an annual pension of fifty pounds, but lived only two years after to enjoy it.

On relating this adventure, the very excitement which the affront must have wrought upon him, evidently began to rekindle, and he remarked with emphasis, I shall carry to my grave the scar which the wound Malcom gave me left on my head; and passing my finger over the spot to which he directed it, there was obviously such a scar, as must have been occasioned by the wound he had described.

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1779: Claudius Smith, Cowboy of the Ramapos

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Claudius Smith, a feared Tory guerrilla during the American, was hanged in Goshen, N.Y., on this date in 1779.

“The Cowboy of the Ramapos” for his penchant for livestock-rustling in the Ramapo Mountains, Smith headlined a gang of pro-British criminals/partisans operating out of Monroe, N.Y., near the New Jersey border — a zone of dirty irregular warfare.

Quite a lot of legends apparently proliferated about this guy, including in his own time: one wanted poster described him as seven feet tall.

If you were a British loyalist in his neighborhood you might have figured him along the lines of an Anglo hajduk — the Balkan freebooters who straddled the line between social bandit and hero insurgent. To a Patriot, he was little better than a brigand, and not satisfied with riding off cattle and horses ventured also to invade farm houses for plunder. After one of his band’s deadly raids, Orange County Whigs complained to New York Gov. George Clinton, “we have not thought ourselves secure for a long time. We live so scattered that they can come in the dead of night to any one family & do what they please.”

So unsettled were the wartime frontiers that Gov. Clinton was notably unable to satisfy their petition for quite some time, and Smith’s raids, sometimes working in concert with the pro-British Mohawk commander Joseph Brant, continued to frighten those scattered revolutionists.

A Continental Army major named Jesse Brush finally captured Smith on Long Island late in 1778, and delivered him back to authorities at Orange County who gave him a proper trial and condemned him to hang for several robberies. (Murder wasn’t on the rap sheet.)

One month later, Smith’s son Richard with a band of cowboys revenged the execution by slaying a Goshen man named Richard Clark — and pinning to his corpse a warning to their persecutors.

A Warning to the Rebels

You are hereby warned from hanging any more friends to the government as you did Claudius Smith. You are warned likewise to use James Smith, James Flewelling, and William Cole well and ease them from their irons, for we are determined to hang six for one, for the blood of the innocent cries aloud for vengeance. Your noted friend, Capt. Williams and his crew of robbers and murders we have got in our power, and the blood of Claudius Smith shall be repaid. There are particular companies of us who belong to Col. Butler’s army, Indians as well as white men, and particularly numbers from New York that are resolved to be revenged on you for your cruelty and murders. We are to remind you that you are the beginners and aggressors, for by your cruel oppressions and bloody actions drive us to it. This is the first and we are determined to pursue it on your heads and leaders to the last till the whole of you is massacred.

Dated New York February 1779.

It was tall talk that the raiders couldn’t back up: rewards and informants soon broke up the band, leaving the cowboys and Claudius Smith to pass into history.

Ramblers might enjoy a visit to Claudius Smith’s Den, a cave that formerly served as a refuge for Smith’s gang. Beware of ghosts!

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2016: Daniel Shaver, police impunity victim

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America’s crisis of police violence has produced innumerable horrific snuff films. One of the worst is the January 18, 2016 bodycam footage of Mesa, Arizona cop Philip Brailsford executing Daniel Shaver in the hallway of a La Quinta Inn.

In this nauseating five-minute video we see — classic horror film technique — right down the gunbarrel as Sgt. Charles Langley screams at Shaver and a companion, Monique Portillo. Langley and his partner, Brailsford, are responding to a report of a gun: it’s Shaver’s air rifle, which he uses in the pest control work that has brought him to Mesa on business.

After making both parties surrender themselves, Langley and Brailsford disdain such obvious techniques as “move in and frisk them,” instead choosing to subject their prey to a bizarre impromptu game of Simon Says, repeatedly threatening — one might almost say, relishing the anticipation of — the summary death that they’ll soon deliver.

They’re armed not only with AR-15s and an excess of machismo but with the legal doctrine of “Qualified Immunity”, which protects state officials (including but not only law enforcement) from personal liability when they undertake official acts. Such immunity is supposedly contingent on the act falling somewhere within hailing distance of reasonable. In practice, courts always find that qualified immunity applies in excessive-force situations, especially under the infinitely elastic standard of “officer safety” that permits the most specious and absurd claim of police fear to excuse any degree of force in response: “qualified” immunity is really more like “an absolute shield.”

Brailsford and Langley have been trained on this doctrine, just as they’ve been trained for the kind of situation they’re in. Not so Shaver: the traveling exterminator is going to get one chance, and it’s somehow Shaver’s responsibility to manage the situation to the satisfaction of his prospective murderers. (Shaver is also somewhat drunk here.)

When the terrified man is ordered to push himself from a prone position up to his knees, his legs come uncrossed, violating the previous arbitrary instruction that Langley has given him and causing the armed yahoos to straight-up lose their shit.

A panicking Shaver attempts to placate them by putting his hands behind his back — submissively, he thinks, but of course the voices behind the gunsights here pretend to think he might be going for a weapon and again threaten him with execution. “You do that again, we’re shooting you!” Langley barks. (God, please do it again.) Now sobbing and pleading for his life with two guys who don’t like him and can freely merc him, Shaver attempts to comply with their gratuitously humiliating demand that he crawl towards them, when he’s suddenly wasted by Brailsford. The apparent “provocation” is Shaver’s reaching at his pants to prevent them coming down as he scuffles his knees over the cheap hotel carpet. Officer safety! What if he’d had a gun taped in there like Bruce Willis in Die Hard?

A jury that viewed this very video acquitted Brailsford of second-degree murder (and of the lesser included charge of manslaughter), so now it’s legal precedent that cops can just do this to you. His department quietly re-hired him so that it could pension him off at $2,500 per month for life.

Recommended: on Scott Horton’s radio show, former policeman Raeford Davis discusses the scene and the changes needed in law enforcement to make it a thing of the past.

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