Category Archives: USA

1782: William Crawford, expeditioneer

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On this date in 1782, Col. William Crawford was burned to death by Delaware Indians after being captured leading a punitive expedition to Ohio’s Sandusky River.

Originally an Atlantic coast peoples — “Manhattan” is a Delaware word, although “Delaware” itself isn’t — the Delawares or Lenape had with other native peoples removed to an Ohio territory supposed to be reserved against white settlement. It was the fruit of a deal that kept them on the British side (or at least, off the French side) in the Seven Years’ War.

But staying out of it would be a nonstarter during the American Revolution, because said territory was situated right between the British in Detroit and the westward American settlements in the Ohio Valley. Our man William Crawford was on hand to sign the colonists’ 1778 Treaty of Fort Pitt making nice with the Delawares: it’s the first written treaty between the United States and any Native Americans, and like most of that genre it didn’t last long.

The Delawares were okay with letting colonists march through their territory to attack Detroit, but when the U.S. pushed for them to get into the fight themselves — and when frontiersman murdered the pro-neutrality chief — it pushed many Delawares over to the British side. Opinion among their neighbors, the Shawnee, Wyandot and Mingo, likewise tended to range from “hoping to stay out of it” to “allying with the British,” and the latter sentiment was further encouraged by a kindling sentiment among peoples all along the frontier that uniting their efforts was their only hope of holding back imminent Anglo expansion.

Back east, the colonists beat the British at Yorktown in October 1781, more or less clinching independence. Hostilities around the eastern seaboard settled down in the run-up to the war’s formal diplomatic conclusion in 1783.

“Quite otherwise,” said M.M. Quaife in a 1930 address to Ohio’s Wittenberg College* “was the situation west of the Alleghenies. In this area the war was prosecuted with increased vigor and fury throughout 1782, which thereafter acquired the significant designation, the Bloody Year.” It was not a clean fight by any party.

In March of 1782, an expedition by colonials hunting settler-killing Indian raiders resulted in the Gnadenhütten massacre, the wholesale butchery of a settlement of noncombatant Delawares — Christian converts, no less.

In May of that same year, finding Indian raids not deterred, the Crawford Expedition finally set out: a party of officially-blessed volunteer frontiersmen whose object was “to destroy with fire and sword (if practicable) the [Delaware] Indian town and settlement at Sandusky, by which we hope to give ease and safety to the inhabitants of this country; but, if impracticable, then you will doubtless perform such other services in your power as will, in their consequences, have a tendency to answer this great end.” (General William Irvine)

Crawford had come out of retirement for this great end. And he made out his will before he departed.

The expedition came to grief within days, as an attempt to fall back by nightfall from a spot called Battle Island (actually a copse of trees in an open space, not an island in a river) deteriorated into a disordered rout. And though most of the expedition was able to flee safely back to their point of departure, Crawford himself and a few subalterns became separated, and lost.

When Indians picked them up, with Gnadenhütten still on their minds … well, Crawford made out that will for a reason. Most of the lesser prisoners were simply tomahawked and disposed of, but Crawford and a Dr. John Knight were reserved for more fearful treatment.

Knight — who would escape before his own execution — left this blood-chilling description** of his compatriot’s end, under the eyes of the British agent Simon Girty. (Knight later also composed a ballad about the expedition.†)

When we went to the fire the colonel was stripped naked, ordered to sit down by the fire, and then they beat him with sticks and their fists. Presently after I was treated in the same manner. They then tied a rope to the foot of a post about fifteen feet high, bound the colonel’s hands behind his back and fastened the rope to the ligature between his wrists. The rope was long enough for him to sit down or walk round the post once or twice, and return the same way. The colonel then called to Girty, and asked if they intended to burn him? Girty answered, “Yes.” The colonel said he would take it all patiently. Upon this Captain Pipe, a Delaware chief, mae a speech to the Indians, viz., about thirty or forty men, sixty or seventy squaws and boys.

When the speech was finished they all yelled a hideous and hearty assent to what had been said. The Indian men then took up their guns and shot powder into the Colonel’s body, from his feet as far up as his neck. I think not less than seventy loads were discharged upon his naked body. They then crowded about him, and to the best of my observation, cut off his ears; when the throng had dispersed a little, I saw the blood running from both sides of his head in consequence thereof.

The fire was about six or seven yards from the post to which the Colonel was tied; it was made of small hickory poles, burnt quite through in the middle, each end of the poles remaining about six feet in length. Three or four Indians by turns would take up, individually one of these burning pieces of wood and apply it to his naked body, already burnt black with the powder These tormentors presented themselves on every side of him with the burning fagots and poles. Some of the squaws took broad boards, upon which they would carry a quantity of burning coals and hot embers and throw on him, so that in short time he had nothing but coals of fire and hot ashes to walk upon.

In the midst of these extreme tortures he called to Simon Girty and begged of him to shoot him; but Girty making no answer, he called to him again. Girty then, by way of derision, told the colonel he had no gun, at the same time turning about to an Indian who was behind him, laughed heartily, and by all his gestures seemed delighted at the horrid scene.

Girty then came up and bade me prepare for death. He said, however, I was not to die at that place, but to be burnt by the Shawanese towns. He swore by G-d I need not expect to escape death, but should suffer it in all its extremities …

Col. Crawford, at this period of his sufferings, besought the Almighty to have mercy on hi soul, spoke very low, and bore his torments with the most manly fortitude. He continued in all the extremities of pain for an hour and three-quarters or two hours longer, as near as I can judge, when at last, being almost exhausted, he lay down on his belly; they then scalped him, and repeatedly threw the scalp in my face, telling me that “that was my great captain.” An old squaw (whose appearance every way answered the ideas people entertain of the devil) got a board, took a parcel of coals and ashes and laid them on his back and head, after he had been scalped; he then raised himself upon his feet and began to walk round the post; they next put a burning stick to him, as usual, but he seemed more insensible to pain than before.

The Indian fellow who ha me in charge now took me away to Capt. Pipe’s house, about three-quarters of a mile from the place of the colonel’s execution. I was bound all night, and thus prevented from seeing the last of the horrid spectacle. Next morning, being June 12, the Indian untied me, painted me black [signaling his imminent execution -ed.], and we set off for the Shawanese town, which he told me was somewhat less than forty miles distant from that place. We soon came to the spot where the colonel had been burnt, as it was partly in our way; I saw his bones lying among the remain of the fire, almost burnt to ashes: I suppose, after he was dead, they laid his body on the fire. The Indian told me that was my big captain, and gave the scalp halloo.


Detail image (click for the full view) of an illustration of Crawford’s torture and execution. Here’s another.

Counties in both Pennsylvania and Ohio bear Crawford’s name; several historical markers in Ohio chart the course of the ill-starred Sandusky campaign … including a phallic monument at the approximate spot of the burning, just north of the tiny town of Crawford, Ohio. (Map)

* Printed as “The Ohio Campaigns of 1782” in The Mississippi Valley Historical Review, March 1931.

** Here’s another description by another white eyewitness (alleged, anyway), who was taken in an unrelated raid some weeks before.

† A recent mp3 rendition of “Crawford’s Defeat by the Indians” is available for a 99-cent download.

Part of the Themed Set: Ohio.

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1693: Elizabeth Emerson

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(Thanks for the guest post to Robert Wilhelm of the Murder By Gaslight historic crime blog, and author of the book Murder And Mayhem in Essex County. Executed Today readers are sure to enjoy Wilhelm’s detailed investigations into long-lost historic crime. -ed.)

The Emersons of Haverhill, Massachusetts, were the kind of family that just could not stay out of trouble. Death was a common feature in the Emerson household; only nine of their fifteen children survived infancy. Michael Emerson’s first child, Hannah, would marry Thomas Duston and, become famous for escaping Indian captivity by murdering and scalping ten of her captors.

The sixth child was a daughter named Elizabeth, born in 1664. Twelve years later, Michael was brought to court “for cruel and excessive beating of his daughter with a flail swingle and for kicking her, and was fined and bound to good behavior.” Corporal punishment was not considered wrong in and of itself, but Michael’s beating of Elizabeth was criminally excessive. There is no way to know why Elizabeth was being punished, but the impression is, that she was a rambunctious, strong-willed child living in a violent household.

Another of Elizabeth’s sisters, Mary Emerson, was married in 1683 to Hugh Mathews of Newbury. Though there is no record of premature offspring, Hugh and Mary were both brought to court and found guilty of fornication before marriage. They were sentenced to be “fined or severely whipped.”

Perhaps with her sister as an example, Elizabeth also engaged in premarital sex. In 1686, Elizabeth Emerson gave birth to an illegitimate daughter she named Dorothy. It is not clear whether Elizabeth was ever punished for this, but court records indicate that Michael Emerson accused a neighbor, Timothy Swan, of being the father. Timothy’s father, Robert Swan, vehemently denied that Timothy was the father because he “… had charged him not to go into that wicked house and his son had obeyed and furthermore his son could not abide the jade.” He further threatened to “carry the case to Boston” if Timothy was formally accused. Michael did not pursue the charges and little Dorothy remained fatherless.

Five years later, with Elizabeth and her daughter still living at her parents’ house, Elizabeth became pregnant again. She somehow managed to keep this a secret from her parents, but the neighbors were suspicious. Sometime during the night of May 7, 1691, Elizabeth, who slept at the foot of the bed where her mother and father slept, gave birth to twins without waking her parents. The twins were either stillborn or murdered by their mother. She hid the bodies in a trunk for three days then sewed them into a sack and buried them in the backyard.

The following Sunday, while her parents were at church, the neighbors who had suspected Elizabeth’s pregnancy, came to the house with a warrant from the magistrates of Haverhill. While the women examined Elizabeth, the men went to the backyard and found the bodies buried in a shallow grave. Elizabeth was arrested for murdering her bastard infants.

Elizabeth maintained that she had kept the pregnancy and birth a secret out of fear. Her mother had been suspicious, but whenever asked about it, Elizabeth denied she was pregnant. Michael claimed he had no idea that Elizabeth was pregnant but this time put the blame on Samuel Ladd, age 42, a married man, nine years older than Elizabeth. Elizabeth also named Samuel Ladd as the father, saying that the “begetting” had taken place at an inn house. She also stated that Ladd was the only man with whom she had ever slept, implying that Dorothy was Ladd’s daughter as well.

Although Samuel Ladd had been previously found guilty of a misdemeanor and fined for an earlier episode involving sexual advances on a younger woman, Ladd was never questioned in Elizabeth Emerson’s case. Elizabeth was already the mother of a bastard child, and Samuel Ladd was the son of an early settler — her story was not believed.

Elizabeth Emerson was sentenced to hang and remanded to the custody of the Boston prison on May 13, 1691. An accompanying letter explained the facts and said that she had been examined for “whore-dom.” By English law, concealment of the death of a bastard child had been punishable by execution. Though this law had been repealed in England, it was still on the books in Massachusetts. It did not matter whether Elizabeth Emerson had murdered her babies or merely concealed their death — she would be hanged.

The hanging was scheduled for 1693. Elizabeth was imprisoned during the height of the Salem witch trials, and though he played an active role in the trials, Reverend Cotton Mather found time to take an interest in her case. Mather worked on her soul and before her execution Elizabeth confessed that “when they were born, I was not unsensible, that at least one of them was alive; but such a Wretch was I, as to use a Murderous Carriage towards them, in the place where I lay, on purpose to dispatch them out of the World.” But Mather believed she had more to confess and held little hope for her salvation.

Elizabeth Emerson was hanged in Boston on June 8, 1693, along with a black indentured servant named Grace. Before the execution Cotton Mather preached a sermon during which he read the following declaration written by Elizabeth:

I am a Miserable Sinner; and I have Justly Provoked the Holy God to leave me unto that Folly of my own Heart, for which I am now Condemned to Dy … I believe, the chief thing that hath, brought me, into my present Condition, is my Disobedience to my Parents: I despised all their Godly Counsils and Reproofs; and I was always an Haughty and Stubborn Spirit. So that now I am become a dreadful Instance of the Curs of God belonging to Disobedient Children.

Get Murder and Mayhem in Essex County here.

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1662: Potter, bugger

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“Of Buggery”

by Cotton Mather (as printed in America Begins: Early American Writings)

On June 6, 1662, at New Haven, there was a most unparalleled wretch (one Potter, by name, about sixty years of age) executed for damnable bestialities, although this wretch had been for now twenty years a member of the church in that place, and kept up among the holy people of God there a reputation for serious Christianity. It seems that the unclean devil which had the possession of this monster had carried all his lusts with so much fury into this one channel of wickedness that there was no notice taken of his being wicked in any other. Hence ’twas that he was devout in worship, gifted in prayer, forward in edifying discourse among the religious, and zealous in reproving the sins of the other people. Everyone counted him a saint, and he enjoyed such a peace in his own mind that in several fits of sickness wherein he seemed “nigh unto death,” he seemed “willing to die”; yea, “death,” he said, “smiled on him.”

Nevertheless, this diabolical creature had lived in most infandous buggeries for no less than fifty years together; and now at the gallows there were killed before his eyes a cow, two heifers, three sheep, and two sows, with all of which he had committed his brutalities. His wife had seen him confounding himself with a bitch ten years before; and he then excused his filthiness as well as he could unto her, but conjured her to keep it secret. He afterwards hanged that bitch himself, and then returned unto his former villainies, until at last his son saw him hideously conversing with a sow. By these means the burning jealousy of the Lord Jesus Christ at length made the churches to know that he had all this while seen the covered filthiness of this hellish hypocrite, and exposed him also to the just judgment of death from the civil court of judicature.

Very remarkable had been the warnings which this hellhound had received from heaven to repent of his impieties. Many years before this he had a daughter who dreamt a dream which caused her in her sleep to cry out most bitterly. And her father than, with much ado, obtaining of her to tell her dream, she told him she dreamt that she was among a great multitude of people to see an execution, and it proved her own father that was to be hanged, at whose turning over she thus cried out. This happened before the time that any of his cursed practices were known unto her.

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2008: Curtis Osborne, poorly represented

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Nach Golde drängt,
Am Golde hängt
Doch alles.

–Goethe, Faust

On this date in 2008, Curtis Osborne suffered lethal injection in Georgia for a double murder.

In the words of the Atlanta Journal-Constitution report, “Osborne was executed for shooting Arthur Jones and Linda Lisa Seaborne on Aug. 7, 1990. Osborne allegedly killed Jones because Osborne didn’t want to give him the $400 he got for selling Jones’ motorcycle. Seaborne was killed because she was there.”

Pretty awful.

It’s very difficult to capture in individual cases the structural dimensions of the death penalty system, simply because individual cases are, well, individual. The many plausible actual innocence cases are one thing. Here what you’ve got is a guy who unquestionably shot dead two humans so that he could feed his cocaine habit: making some procedural argument for Curtis Osborne is going to sound like a lot of special pleading.

But those procedural arguments are the very guts of the animal. The U.S. death penalty proposes, as an institution, to attempt not the question, does Curtis Osborne deserve to die?, but the question, among hundreds of Curtis Osbornes, do we have the apparatus to justly distinguish the ones that deserve to die?

As an impoverished drug addict, Osborne was represented at trial by a since-deceased public defender named Johnny Mostiler.

If you search this case, the thing you’ll find immediately is that another defendant being represented at the same time by Mostiler would later swear that Mostiler told him, speaking of Osborne, “that little nigger deserves the chair.” And the context of the conversation was about how Mostiler had just received a plea offer that Mostiler didn’t plan even to relay to Osborne, for the aforementioned reason.

Pretty awful.

This sort of thing is hard to substantiate: the allegation comes from a man serving a murder sentence of his own, and Mostiler isn’t around to defend himself. But on its own, it’s a shocking claim and a reminder of how profoundly the trial attorney’s performance shapes the entire legal experience. As Time magazine put it, what if your lawyer wants you executed?

Whether Mostiler really dropped an N-bomb on Osborne’s case, we really don’t know. But it’s been said that capital punishment means those without capital get the punishment, and the fact of the matter is that not many of any race who have recourse to indigent defense are served at the bar by Atticus Finch.

Leave aside even that shocking racism allegation, one that no court saw fit to adjudicate. (Prosecutors called the racism claim “outlandish”; appellate court ruled it procedurally out of bounds.) Just reckon the structural situation.

The American Prospect profiled the blinged-out, fast-living Mostiler after his death — breathing not a word about Osborne’s case, which was nowhere on anybody’s radar — and described, essentially, the neoliberal project in action for public defenders.

Mostiler represented not only Osborne, but virtually every poor defendant in Spalding County, Georgia … because, in 1990, he’d pitched the county on a fixed annual contract. Mostiler argued that the county was

wasting money paying as many as 20 court-appointed attorneys $50 an hour to handle indigent cases without knowing exactly how many hours those attorneys would bill during any given year. Mostiler proposed instead that the commissioners pay him a flat fee to handle all of the county’s indigent cases, regardless of the number. That way the county would have to deal with only one lawyer, and it would know its final bill at the start of the fiscal year rather than at the end.

Let justice be done though the heavens fallwithin the confines of fiscal probity. This grift was going to be worth a good deal more than $400 … and come with its own body count, too.

Mostiler bragged about saving the county a good million bucks over the course of the nineties. That’s a new definition of the adversarial judicial process, fresh-minted for the race-to-the-bottom era: every exertion by a defense attorney on his client’s behalf costs him part of his own paycheck.

Small wonder that Mostiler hardly ever tried cases — no more than seven a year, he said, out of as many as 900 felonies. Most were dispatched within minutes in shotgun plea deals and no small number of those momentary clients remain on the inside of a Georgia penitentiary as we speak. Did we mention that Mostiler did all this “lawyering” in only 60% of his lawyer time? He kept up a lively private civil practice, too, one where he probably averaged more than 100 minutes per case.

Death sentences, of course, don’t result from plea bargains — but at Mostiler’s zero-sum rates he also wasn’t going to prep this like the Dream Team. Slate reported that

Mostiler never hired a psychiatrist to examine evidence that Osborne was a victim of childhood abuse, and was borderline retarded, despite a court-ordered sanity evaluation that had found “indications of depression, paranoia, and suicidal ideation.” He never examined the history of mental illness in Osborne’s family because, he said, he didn’t know how to conduct that kind of investigation. Mostiler called no expert witnesses to testify for his client and didn’t bother to interview the state’s experts before they appeared at trial. And he rejected appointment of a second attorney to help with Osborne’s defense, which the American Bar Association and all serious death penalty litigators say is essential if a capital murder defendant is to receive a fair trial.

Pretty damn awful.

Once Osborne’s conviction was in the books at the trial level, no appellate court could intervene without clearing a very high bar: would the evidence un-investigated and the argument un-made likely have made a difference? Could anyone prove that Mostiler described his client with a racial slur? Nobody could really say so. End of story.

It was 18 years between the time Osborne laid those two souls in the ground and the time he laid himself down on the gurney. The irony is that all that time, all those exhaustive appeals, left the most salient and troubling questions in his case un-examined. There were substantive questions here, but Georgia prevailed in a procedural argument that those questions remain closed.

All this unsalved death and sorrow, and all for what? So Curtis Osborne could have another hit. So Spalding County, Georgia wouldn’t have to trouble the property levies with billable hours. For nothing but a little bit of money.

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1967: Luis Monge, America’s last pre-Furman execution

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Forty-five years ago today, Luis Monge was gassed in Colorado for murder — the last execution in the United States before a decade-long lull in capital punishment in the U.S.

Monge, an insurance salesman with no prior history of violence, had a hearty brood of 10 children, but when his wife found out he was having an incestuous relationship with one of them, Monge bludgeoned the wife to death, and killed three of the young children just for good measure.

Monge pleaded insanity, and then when doctors found him sane enough to stand trial, just pleaded guilty — eventually dropping all appeals and asking to be hanged in public at the Denver City and County Building.

Despite the culprit’s preferences, his execution was stayed for all of 1966 while Colorado voters weighed a referendum on continuing the death penalty. They ultimately voted 3-1 in favor. (See this detailed history of the death penalty in the Columbine State.)

Even though Monge himself embraced execution willingly, his seven remaining children (also the children of, and siblings of, his victims: surely a difficult position) still fought for clemency, and shared Monge’s last meal with him.

Had Monge maintained his appeals, he — like four other Colorado inmates whose death dates were also on hold in 1966 — would likely have made it into the nationwide unofficial moratorium on executions that settled in while courts sorted out death penalty standards in the late 1960s and early-to-mid 1970s.* That period led into 1972’s landmark Supreme Court decision Furman v. Georgia, invalidating all existing death sentences in the country and sparing men much more nefarious than Luis Monge.

Instead, this date’s principal went to his death clutching a black rosary (and allegedly, and one must suspect apocryphally, asking if the gas would trouble his asthma)** and became a nigh-forgotten denouement from a closed chapter of death penalty jurisprudence, and the last man put to death in America until Gary Gilmore almost ten years later.

Apart from his milestone status vis-a-vis capital punishment nationwide, Monge is also the last person to die in the Colorado gas chamber.


The gas chamber that killed Luis Monge, now retired to Colorado’s Museum of Prisons. (cc) image from Cowtools, who also has a photo of Monge’s bullet-riddled grave marker.

In fact, Monge is currently still the second-last put to death in Colorado, period. It would be fully 30 years before Colorado executed again — in 1997, by lethal injection. As of this writing, it hasn’t done so again since.

* If Monge had avoided execution, the “last pre-Furman execution” milestone would be held instead by California’s Aaron Mitchell, the only man executed on the authority of California governor (and future U.S. president) Ronald Reagan.

** The man who pulled the lever for Monge’s execution, Canon City penitentiary warden Wayne Patterson, was not enthusiastic about the job. He describes his experience here, saying that “Monge was a guilt-ridden man who was nearly suicidal before he was executed. Those were the [kind of] guys who were executed — not the people I thought belonged in the chamber.”

On this day..

1985: Marvin Francois, back to Africa

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On this date in 1985, Florida electrocuted Marvin Francois (to the disappointment of this unknown anti-death penalty protester).

Francois’s last statement, via Last Words of the Executed:

“I am as a grain of sand on the beach of the black race. The black race has lost its pride and dignity and is slowly dying from within and without. My death ends my tears, and the fortune of watching my race slowly die. If there is such a thing as an Antichrist, it ain’t one man, but the whole white race.”

Francois had donned a mask and, with a couple of confederates, stuck up a drug house in 1977.

The mask slipped, exposing Francois’s face — and the home invaders decided to murder the eight prisoners to keep them from making the ID. All were shot in the head execution-style.

Somehow, two survived to identify Marvin Francois. It was an easy conviction. (A confederate, Beauford White, was executed for the same crime in 1987.)

Once the death sentence was on the books, appellate attorneys developed a genuinely sympathetic profile of Francois’s background, if not his crime. A federal appeals court on the day before Marvin Francois died could not help but agree that

[t]he proffered evidence shows that Francois was the product of a sordid and impoverished childhood environment. His parents were not married. His father was a habitual heroin addict who never worked, who brought other addicts into the home for the ingestion of heroin in front of Francois when a child, and who beat Francois because he would not fight with other children when he was a boy. Francois’ mother often worked as a prostitute and was of little benefit to Francois during his childhood. She married but Francois’ step-father abused him. Francois grew up as a child of the street. At the same time he was smart, and although not finishing school, he obtained his G.E.D.

The behavioral scientists in their affidavits posit that “… some offenders, like Marvin Francois, are themselves victims of circumstances that shape their lives in ways beyond their deliberate control.” They suggest that given Francois’ chaotic antisocial upbringing, “clear mitigation of punishment compellingly surfaces.”

Nevertheless, the panel concluded that, given the extent of the crime (and his existing history of violence), all this sob-story stuff “would not have affected the sentencing outcome in this case had it been submitted to the jury.”

That was that.

It was a touching parting for at least one good friend on death row with him. “We wanted to send him out on a high,” a fellow-prisoner later remembered of sharing a last cigarette with Francois while imagining it a joint. “It took a little out of me when they killed him. I’d grown real attached to him.”

According to David von Drehle’s Among the Lowest of the Dead, that disattachment was rather unusually distant: Marvin Francois’s final resting place is … the sea off Dakar, Senegal.

Francois had asked that his ashes be scattered in Africa. Susan Cary, the longtime activist … was determined that this last wish would be honored. But it was one thing to find bus fare for a condemned man’s family, and quite another to raise the money for a trip to Africa. Cary collected the cremated remains of Marvin Francois and put them in a shoebox in her closet, where they sat for two years while she tried to figure out how to get them across the ocean.

In 1987, Michael Radelet, Cary’s frend and fellow activist, announced that he was going to Senegal to visit a relative. Take Marvin, Cary suggested. Radelet was game, but there were rules — human remains can’t just be toted from country to country. Uncertain as to the relevant legalities, Radelet contacted John Conyers, a prominent black congressman from Detroit; Conyers strongly opposed the death penalty, he was well known in Africa, and he had offered more than once to help Florida’s anti-death penalty crusaders any way he could. The congressman pulled the right strings, and shortly before his trip Radelete received an official letter announcing that the Senegalese government would be happy to welcome “Brother Marvin” home.

… Radelet had a darkly comic view of the world. Traipsing around Senegal, shoebox in hand, he would place the box on the opposite chair at restauants and say things like “Marvin, would you like some water?” On sightseeing jaunts, he would take snapshots of the shoebox in front of important buildings and picturesque vistas. Finally, Radelet carried the box to a bluff outside Dakar, a lovely spot with the city in the distance and the Atlantic spread out below. He took one more snapshot – “Marvin at the seashore” — then opened the box and sprinkled the ashes on the sun glittered waves. As he gazed into the oceanic expanse, it occurred to him that this very water might have rocked and sloshed all the way from Florida; now, the waves lapped the shores of Africa, bearing the remains of Marvin Francois to his dreamland.

The aforementioned Michael Radelet — now at Colorado University, not Florida — holding forth on more up-to-date death penalty trends:

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1856: Casey and Cora, by the San Francisco Vigilance Committee

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Gold attracts all kinds of people but has a particular allure to crooks and corrupt politicians. When gold was found in California they flowed in from all over the world. Soon the gamblers and thugs had the run of San Francisco. Politicians and judges were bought and paid for. Crime went unpunished. (Usually.)

At the same time San Francisco was growing fast, and was filled with the flimsiest, most flammable wooden buildings imaginable. By 1850 huge fires began to rake the city and while they leveled block after block criminals would loot the homes and businesses of the good citizens who were out trying to fight the flames.

The first vigilance committee formed in 1851 after the fifth fire simply because the city government would do nothing to protect the people. The committee, made up of most of the leading citizens and with the backing of almost every honest person, hung a few men and chased a lot more out of town. Within months things improved dramatically and the committee disbanded.

But it’s hard to keep crooks that are in cahoots with corrupt politicians under control for long and by 1855 things were in terrible shape once more. Gold production was down, voting fraud was rampant, banks and business failed, a city supervisor slipped out of town just before his imminent arrest for a major real estate scam involving city money and a pier we now know as Fisherman’s Wharf.

James King of William, a once well-known banker who had lost everything in the collapse of 1855 was now running a small newspaper, The Evening Bulletin, devoted to exposing the corruption in the city. King was fearless in his reporting and ruthless but impartial in his editorials.

Yet things were still a mess in 1856 when the gambler, Charles Cora, took his doxy, a high powered and wealthy Madame called Belle, to the theater. By her presence she offended the young and ambitious US Marshal Richardson and a heated dispute arose between the two men. Then, days later, after that dispute was resumed in a local saloon, Cora shot Richardson in the chest in cold blood at point blank range.

King denounced the city officials who were holding Cora for trial, saying that the man could not be found guilty of even such a blatant crime in a city as corrupt as San Francisco. And as King predicted, amid charges of bribery, the jury in the trial of Charles Cora could not reach a verdict and Cora had escaped his punishment for murder. King then went after James P. Casey, a city supervisor, and exposed him as having once been a prisoner in New York’s infamous Sing Sing prison.

Casey was incensed and on May 14th stormed into the offices of the Bulletin and protested loudly. King ordered him out. Casey went but waited just up the street. An hour later, when King left for the day, Casey walked up to him in the middle of Montgomery Street and shot him down with a Navy Colt.

The news spread fast. Tens of thousands of people soon gathered.

Casey, joined by his powerful friends, went straight to the jail where Cora was still held for his own protection. Soon the crowd arrived. The local militia was called in to guard the place and there was no trouble that night. The next morning members of the old Committee of Vigilance met and by the time King died on May 20th a new committee had been formed and already had 3,500 members.

By now most of the militia sided with the vigilantes, so when the committee marched in mass to the jail and surrounded it, the jailers soon were soon persuaded to turn Casey over. A short time later the committee returned for Cora. The prisoners were taken to the committee’s headquarters, known as Fort Gunnybags, on Sacramento Street and held there under guard.

Both men were appointed lawyers and put on trial by the vigilantes. Each was convicted with a unanimous verdict.

On May 22nd they were hanged from short platforms extending from second floor windows of Fort Gunnybags before an enormous crowd of San Franciscans who filled the streets, buildings and roof tops all around. The Committee of Vigilance continued to operate until they were convinced that all corrupt politicians and crooks had been purged from city. This resulted in a wholesale change of the political power in San Francisco.

John Putnam is the author of Hangtown Creek, an exciting tale of the early California gold rush. His rich history of that incredible era at can be found at mygoldrushtales.com.

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1881: Po’olua, “darkened in my mind”

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This date in 1881 saw the hanging of a native Hawaiian named Po’olua for a homicide of domestic jealousy tinged by almost tragic remorse.

This case is described in the 1991 essay “A Short History of Hawaiian Executions, 1826-1947” by Joseph Theroux.

In 1881, the Hawaiian [Po’olua] grew enraged when his when his common-law wife, according to the papers, “paraded her infidelity” before him and slaughtered her with a “big butcher knife.” Then, in a fit of remorse, he draped his house in mourning with black crepe paper.

… The experts of the day — family doctors and preachers — were conducted in to interview the bewildered man. They questioned him and concluded that he was not insane. Po’olua himsel agreed that he was sane but “darkened in my mind.” … the Reverend H.H. Parker explained the man’s actions this way: “A Hawaiian would do many things which a white man would not.”

When it as found that Po’olua had a heart abnormality and that he would likely die soon anyway, letters of clemency were circulated on his behalf. But he was hanged on May 20, 1881. Permission was sought for a post mortem to investigate the state of his heart, but officials denied the request. The Advertiser remarked that it “should have been done. Being attended to, might have laid him quiet in his grave; but being forbidden, his spirit will rise up Banquo-like for many a day to come.”

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1788: Archibald Taylor, but not Joseph Taylor

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On this date in 1788, two highwaymen were hanged at Boston Neck: Archibald Taylor, and Joseph Taylor.*

According to a letter later published purporting to be from that Joseph Taylor, however, he and a sympathetic doctor actually engineered one of the most amazing scaffold escapes on record. It all got started when Joseph Taylor found his fellow-condemned Archibald in high spirits one day on death row.

I never, even after my condemnation, realized that I was suddenly to die in so awful a manner, until a gentleman, who I afterwards found was a doctor, came and talked privately with the late unhappy sufferer, and my fellow convict, Archibald Taylor, who, when the gentleman was gone, came to me with money in his hand, and so smiling a countenance, that I thought he had received it in charity. But he soon undeceived me, telling me with an air of gaiety, that it was the price of his body.

This doctor dropped was doing the workaday ghoulishness of procuring imminent corpses for medical cadavers.

Such practices were still highly taboo, viscerally shocking in this case to Joseph Taylor:

This was the first time since my condemnation that I thought what it was to die. The shock was terrible, and Taylor increased it, saying that the doctor had desired him to bargain with me for my body also. The thoughts of my bones not being permitted to remain in the grave in peace, and my body, which my poor mother had so oten caressed and dandled on her knee, and wich had been so pampered by my friends in my better days, being slashed and mangled by the doctors, was too much for me. I had been deaf to the pious exhortations of the priests; but now my conscience was awakened, and hell seemed indeed to yawn for me.

What a night of horror was the next night! — When the doctor came in the morning to bargain for my body, I was in a cold sweat; my knees smote together, and my tongue seemed to cleave to the roof of my mouth.

According to the letter, the doctor “perceived the agony of my soul” and in the conversation as it unfolded agreed to try to help Joseph Taylor survive the hanging — advising him, in order to “not dislocate the Vertebrae of the Neck,” to “Work the Knot behind your Neck and Press your Throat upon the Halter which will prevent the Necks breaking and likewise the Compression of the Jugular and preserve the circulations in some degree.” (This is actually sound advice in case you ever find yourself about to be hanged in the 18th century.)

And the doctor — remember, he was only there in the first place to get his hands on some raw materials that he could autopsy the day after the hanging — even agreed to receive the “body” in secret from Taylor’s confederates and try to restore it to life.

This bit is essential to the narrative, but the skeptical reader can’t help but doubt. What an enormous and unprofitable risk for the unnamed physician to take on behalf of a slab of meat!

I want to propose (and this is too delicious to be anything better than baseless speculation) a false-flag operation on behalf of the medical profession, which just days before the Taylors’ hanging had suffered an astounding public relations debacle. Obnoxious Manhattan medical students had wantonly displayed severed limbs from one of their subjects to schoolboys, whose frightened reports of it ultimately set off the “Doctors Mob”.

Ordinary people hated and feared anatomization, and resented “resurrection men” who stole corpses (sometimes made corpses) for the industry. The mob smashed up the hospital, thrashed the med students, and made off with the human remains.

This is the idiom for Joseph Taylor’s revulsion at being propositioned with the body trade. Although it nevertheless turned out to be his path to salvation, it is evident in his remarks that even then, something in Taylor himself rebels at the coldly utilitarian use to which he himself must put his flesh and bones, and his consequent “reliance on the doctor”, as inimical to the interests of his soul.

The state of my mind after my conversation with the doctor, until the day of execution, it is impossible for me to describe. This glimpse of hope, this mere chance of escaping the jaws of death, and of avoiding the eyes of an offended Judge, at whose bar I was no ways prepared to appear, semed to render my mind but more distracted. I sometimes indulged myself with the thoughts of being recovered t life; and as I had fortunately concealed my real name, that I might return, like the Prodigal, to my parents, and live a life devoted to God and their comfort. But I oftener feared the means might fail to bring me to life: and then I wished that this scheme had never been mentioned, as the hopes of life seemed to prevent my conversion; and then, to be surprised into another world, totally unprepared, how terrible!

According to the writer, the arrival of execution day wonderfully concentrated the mind on its big plan and put those pesky qualms of conscience to rest.

Walking out to the gallows with a case of stagefright — he was worried that his demeanor as he thought about worldly subterfuge rather than spiritual salvation would give away the game — Taylor nonetheless

preserved my presence of mind; and when the halter was fastened, remembered the doctor’s directions, and while the prayer was making I kept gently turning my head so as to bring the knot on the back of my neck … When the trap fell I had all my senses about me; and though I have no remembrance of hearing any sounds among the people, yet I believe I did not lose my sense until some minutes after. My first feelings after the shock of falling was a violent strangling and oppression for want of breath: this soon gave way to a pain in my eyes, which seemed to be burned by two balls of fire which appeared before them, which seemed to dart on and off like lightning; settling ever and anon upon my shoulders as if they weighed ten hundred tons; and after one terrible flash, in which the two balls seemed to join in one, I sunk away without pain, like one falling to sleep. [compare to this account from a survived hanging. -ed.]

As promised, his buddies got hold of the body and spirited it away to the doctor. After the application of a conveniently unreported treatment, Joseph Taylor quickened back to life two hours and forty-three minutes after he had been “turned off” with the knot at the back of his neck. The reawakening — “I cannot describe the intolerable agony of that moment. Ten thousand stranglings are trifling to it!” — was no more pleasant than the passing had been.

Now … is this account true? In the completely unverifiable and also completely sensational version that circulated (quite widely) in periodicals on both sides of the Atlantic, Taylor completed his escape by sailing for the Old World, disappearing thence into obscurity.

However, according to another, killjoy newspaper (Western Star, Feb. 2, 1790) some early-American Mythbusters team got wind of this popular fable and went to dig up Joe Taylor’s alleged grave — finding the highwayman securely taking his dirt nap after all.

That may be so, but the reader will kindly observe that two-plus centuries on, nobody’s posting anything about Archibald Taylor.

* No relation between the two Taylors, to judge by the indifferent way Joseph writes about Archibald.

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1738: Katherine Garret, Pequot infanticide

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On this date in 1738, before “a Vast Circle of people, more Numerous, perhaps, than Ever was gathered together before, On any Occasion” in Connecticut, Pequot servant Katherine “Indian Kate” Garret was hanged for murdering her newborn child.

As an unmarried young woman, Garret didn’t want a child to begin with, but she managed to pass off the pregnancy in her master’s house as just putting on a few extra pounds. Finally, one day, she slipped out to the household barn and delivered. The mistress of the house said they later found the dead infant, clubbed to death with a handy wood block.

It took an unusually protracted six-odd months to bring Garret’s case so far as the actual scaffold, giving the ministrations of a local pastor plenty of time to move the once-truculent lass to such devoutness that “with her hands lifted up, as she cou’d, she past out of life, in the posture of one praying.” We have her pious purported dying statement:

The Confession & Dying Warning of Katherine Garret.

I Katherine Garret, being Condemned to Die for the Crying Sin of Murder, Do Own the Justice of GOD in suffering me to die this Violent Death; and also Acknowledge the Justice of the Court who has Sentenced me to die this Death; and I thank them who have Lengthned the Time to me, whereby I have had great Opportunity to prepare for my Death: I thank those also who have taken pains with me for my Soul; so that since I have been in Prison, I have had opportunity to seek after Baptism & the Supper of the Lord & have obtained both. I Confess my self to have been a great Sinner; a sinner by Nature, also guilty of many Actual Transgressions, Particularly of Pride and Lying, as well as of the Sin of destroying the Fruit of my own Body, for which latter, I am now to Die. I thank God that I was learn’d to Read in my Childhood, which has been much my Exercise since I have been in Prison, and especially since my Condemnation. The Bible has been a precious Book to me. There I read, That JESUS CHRIST came into the world to Save Sinners, Even the Chief of Sinners: And that all manner of Sins shall be forgiven, One only Excepted; For His Blood Cleanseth from all Sin. And other good Books I have been favoured with, by peoples giving and lending them to me, which has been blessed to me.

I would Warn all Young People against Sinning against their own Consciences; For there is a GOD that Knows all things. Oh! Beware of all Sin, Especially of Fornication; for that has led me to Murder. Remember the Sabbath day to keep it Holy. Be Sober and wise. Redeem your Time, and Improve it well.

Little Children I would Warn you to take heed of Sinning against God. Be Dutiful to your Parents; For the Eye that Mocks at his Father and despiseth to Obey his Mother, the Ravens of the Valley shall pick it out, and the Young Eagles shall eat it. Little Children, Learn to Pray to God, Sit still on the Lord’s Day, and Love your Books.

I would also Warn Servants, Either Whites or Blacks, to be Obedient to your Masters & Mistresses. Be Faithful in your places and diligent: Above all Fear God; fear to Sin against Him: He is our Great Master.

I would also Intreat Parents and Masters to set a good Example before their Children and Servants, for You also must give an Account to God how you carry it to them.

I desire the Prayers of all God’s People for me, Private Christians, as well as Ministers of the Gospel, that I may while I have Life Improve it aright; May have all my Sins Pardoned and may be Accepted through CHRIST JESUS. Amen.

New London, May 3. 1738.
Katherine Garret.

The spiritual counselor who achieved this transformation, Eliphalet Adams, preached a lengthy sermon on the occasion.

The sound of the sermon — especially considered next to the protracted delay for Garret’s hanging — hints at a communal controversy over employing the death penalty in this case. Adams spends most of it fulminating against acquittals, jury nullification, and the insidious operation of sentimentality such as one might imagine might have attended an unmarried girl having rid of her unwanted infant: “What moving Expressions do sometimes come out of the mouths of poor people on such Occasions! … Judges are melted into tears, Yet they must not be so mollified thereby as to neglect Justice; With tears in their Eyes they must pronounce the righteous Sentence and commend them to the mercy of God, who have forfeited all Claim to be suffered any longer among men; Oh, piteous case, when the[y] cry for Mercy, Mercy must no longer be regarded! They must have Judgment without mercy, who have shewed no mercy.”

Stern stuff, ultimately straight from the dialogue around crime and punishment (capital and otherwise) down to the present day. Most of it, anyway. Some parts have changed:

Tho’ they may be great & Considerable persons who are guilty and they, whose blood they have done Violence unto, may be but Comparatively mean. This should not be so considered as to stop a prosecution, or stifle a testimony, or favour or forward an Escape, A Barbarian is of the meanest Nation, a Servant is of the lowest rank, an Infant is of the most imperfect age, Yet even their blood is required by God and the Laws, when it hath been unjustly shed; Rich and great people are most Honoured, Masters over Servants and Parents over Children, may seem to have most power and authority (I say nothing now of Princes over Subjects, that being a curious Argument and which may need very Cautious handling) Yet even these may not be protected by their greatness, authority or priviledge, if they have done Violence to blood, If they have defaced the Image of God in which every man is made and destroyed his workmanship, they also must flee to the pit and none may stay them.

It’s supposed to be the first hanging in New London. Original documents about Katherine Garret’s sad story are linked from the pamphlet about her case hosted here.

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