Category Archives: USA

1912: Albert Wolter, white slaver

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A century ago today, 20-year-old Albert Walter strolled the 15 feet from the death cell to the Sing Sing electric chair, calling out “Good-bye boys” to his fellow-prisoners as he died for the murder of 15-year-old Ruth Wheeler in a possible white slavery crime two years earlier.

Wolter left a note steadily — all the reports remark on the youth’s sangfroid; he took a nap while the jury went to deliberate with his life in its hands — avowing his innocence, and indulging the “hope there may come a time when the conscience of the perpetrator will overpower him, and he will come to the front and acknowledge his guilt.” He charitably added for “those who have maliciously prosecuted and killed me, for them I pray God’s forgiveness.”

Lots of New Yorkers would have had to ask it.

Despite his cool under fire, Wolter was overwhelmingly acclaimed the guilty party, the evidence against him being as close to airtight as circumstantial gets.

Newsmen ravenous for virginals despoiled by outlanders instantly sunk fangs into the story of the layabout 18-year-old German immigrant — idle lifestyle the product of parasitism upon the drudgery of a young countrywoman toiling 12-hour days at a bakery — who lured the “saintly” stenographers’ school graduate to his apartment with the promise of work and had her charred and headless trunk bundled up on the fire escape by morning. (Other charred remains, and Wheeler’s monogrammed signet ring, were retrieved from inside the apartment.)

Reporters soon sketched the persona of a burgeoning little pimp who had already routed several girls into prostitution. In amid the decadence and displacement of fin de siecle industrialization, you couldn’t ping a more heart-racing (pdf) moral panic than white slavery.*


Sale in a Roman Slave Market, by Jean-Leon Gerome (1883).

Congress was at that very moment in the process of legislating the (still-extant) Mann Act named for the Illinois legislator who sponsored it after a notorious 1909 Chicago case.

But the Big Apple, as the country’s largest city and its gateway for Europe’s polyglot huddled masses, was the reputed center of the whole reputed business.

This illustration from Fighting the Traffic in Young Girls is outstandingly captioned:

“THE FIRST STEP. Ice cream parlors of the city and fruit stores combined, largely run by foreigners, are the places where scores of girls have taken their first step downward. Does her mother know the character of the place and the man she is with?”

The men and the women who engage in this traffic are more unspeakably low and vile than any other class of criminals. The burglar and holdup man are high-minded gentlemen by comparison. There is no more depraved class of people in the world than those human vultures who fatten on the shame of innocent young girls. Many of these white slave traders are recruited from the scum of the criminal classes of Europe.

And in this lies the revolting side of the situation. On the one hand the victims, pure, innocent, unsuspecting, trusting young girls — not a few of them mere children. On the other hand, the white slave trader, low, vile, depraved and cunning, — organically a criminal.

-Chicago U.S. District Attorney Edwin Bell, prefacing the bodice-ripping 1910 Fighting the Traffic in Young Girls**

While the Empire State enacted its own Wolter-inspired law charging schools with vetting the employers who recruit their graduates, Wolter entered the criminal justice system on greased lightning (just like he left it). He was a condemned murderer within five weeks of Ruth Wheeler’s death.†

Wolter himself (evidently surprised to learn that he was old enough for the death penalty; that may not have been the case where he was from) tried to put the blame on a phantom Teuton, one “Frederick Ahner” who was the mastermind in Wolter’s own fall and who must have done the Wheeler business while Wolter was out at the park. That’s “the perpetrator” to whom Wolter’s last letter refers: his conscience never led Ahner to so much as materialize, much less to confess.

The fate of Wolter’s bakery-girl cohabitant — and, one might think, prospective accessory — Katchen “Katie” Mueller was very different. She precipitously aligned herself with her lover’s prosecutors, urged “My dear Al” to confess (almost successfully), and got respectable patronage “to break away from the life she had been leading”. A year after Wolter’s electrocution, Mueller’s redemptive next marriage made the society pages.

* Wolter may have been (pdf; see p. 61 footnote) a specific inspiration of the 1919 Theodore Dreiser play “The Hand of the Potter”, which is all about the era’s white slavery panic.

** Similar dubious (pdf) vice-crusader porn is to be had in (among many other period pieces) a 1911 tract by another Chicago prosecutor, Clifford Roe. Though The Great War on White Slavery is in the public domain, I haven’t been able to locate a complete text online — only this excerpt.

† On the other hand, the then-protracted period of 22 months required to proceed from conviction to execution made Wolter “dean of the death house” by the time he died.

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1894: George Painter, Chicago infamous

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While there may be serious doubt about the wisdom of capital punishment it is at present imposed by the law of this State, and if it is to be applied in any case then it should be in this … Any man who will live off of the shame of a woman and beat her from time to time as he would a dog, and finally kill her, must expect to suffer the penalty of the law.

-Illinois Gov. John Altgeld denying clemency to George Painter (Jan. 25, 1894)

On this date in 1894, the Land of Lincoln bloodily botched (but ultimately accomplished) the hanging of George Painter.

Painter died for the sordid murder of prostitute-lover-income source Alice Martin.

Painter insisted he was out at the pub when Martin was throttled and bludgeoned to death in their mutual bed, but the timelines left the alibi leaky and a patch of bloodiness on the reprobate’s coat undid him.

Despite swearing his innocence on pains of being “condemned to a flaming hell for all eternity” and winning three gubernatorial reprieves as his appellate lawyers scrounged up sketchy supportive testimony from various lowlifes, matters were pretty solidly against him by the end. So much so that the seemingly-sturdy rope, “of the same coil with which the anarchists were hanged,” snapped jaggedly when Painter was dropped.

The condemned killer’s body carthwheeled from the jolt of the rope’s end, crashing headlong into the concrete floor. Doctors advised that Painter’s neck was broken and life gone or ebbing … and puzzled executioners, unsure what to do with this unusual semi-successful botch, hauled the hemorrhaging near-corpse back up the scaffold, strapped it up, and dropped it again. You can’t be too careful.

We came by this story on the website of Robert Loerzel’s Alchemy of Bones, a wonderful book about another infamous turn-of-the-century Chicago homicide. (Loerzel’s post gives the train-wreck Painter case a much more detailed rubbernecking.)

Although the subject of Loerzel’s book, the immigrant sausage-maker Adolph Luetgert, was not put to death for his trouble, we were thrilled that the author sat down with Executed Today to find out a little bit about how criminal justice looked in Chicago on the eve of the 20th century.

Book CoverET: One of the aspects that you cover in Alchemy of Bones that’s also present in the Painter case is circumstantial evidence of uncertain probative value. What’s a definitive piece of evidence to a late 19th-century juror?

RL: Obviously if we had a time machine and we could go back 100 years and reinvestigate some of these cases with today’s forensic science, I think we would find a lot of cases of miscarriages of justice. It’s hard to tell looking at these cases today when all you have is these newspaper articles and court transcripts. You can look at it with common sense and try to determine from what people are saying whether there might be some element of doubt.

Today there’s been this huge change with the introduction of DNA evidence and we’ve suddenly discovered that a huge number of people on death row or in prison who are innocent. And that has caused a lot of people to question the reliability of eyewitness testimony and the identification of suspects.

All these things — the testimony of witnesses who say they saw something or said, yeah, that’s the guy — that’s what people in the 19th century were being convicted on. We’re talking about an era when even fingerprints weren’t being used yet.

In the Luetgert case one of the key things was that they found some bone fragments. The Luetgert case is one of these rare murder cases where for all intents and purposes there was no body found. We have some of those cases still today where someone is missing; all the circumstances seem to point to the fact that someone is dead. And prosecutors and police face an additional hurdle — they have to persuade a court that a murder actually happened.

With those sorts of cases, you had some bones that were found. The forensic science of the time — you coudn’t run a DNA test on it. Part of the question was, were those bone fragments even human? Is it possible that pig bones or cow bones were found in a sausage factory? Of course it was possible.

The Luetgert trial was one of the first cases which had testimony from anthropologists, which was a pretty new field at the time. They brought in some experts from the Field Museum.

How did that go?

It wasn’t necessarily the greatest start — but it was sort of like the criminal justice system started to take some baby steps toward bringing science into the courtroom.

Later, in the 1920s or 30s, there was a landmark case called Frye. They still today have the Frye rule — when courts look at a witness to determine if he is an expert. In the Luetgert case, they didn’t do that, and it was kind of a carnival. A high school chemistry teacher was one of the people they put on the stand to testify about the bones.

Luetgert’s crime, murdering his wife and dissolving her or possibly stuffing her into the sausages, was so much more infamous than Painter’s. Why didn’t Luetgert get the death penalty?

Then as now, it was somewhat arbitrary which criminals would get the death penalty and which would get a prison sentence.

In Illinois during that era, there were a lot of people convicted of crimes and sent to prison for much less than a life sentence. They had a system there of “indeterminate sentence” where they would sentence someone to a wide range of possible terms, maybe from two years to 50 years; it was really flexible and vague with the idea that it was a more humane way of dealing with criminals.

It probably also put the thought in the minds of jurors that, do we want to put this guy in prison and he might be getting out in a few years?

In the Luetgert case, there was some outrage that if you were going to convict a person of this crime, you have to sentence him to death. Some people thought that they sentenced him to life in prison because, what if his wife is still alive? There were all these stories coming out at the time of the trial where people thought they had seen Mrs. Luetgert.

So there was the thought, what if we hang him and a year later, Mrs. Luetgert shows up?

None of the jurors ever came right out and said it, but it’s possible that that doubt played some role in the decision not to sentence him to death.

Luetgert’s case got national media attention which Painter’s did not. Was it a milestone for that kind of treatment? What was the media landscape for crime reporting at the time?

There were a few other cases during that era, so it’s hard for me to say that this was the first. But it was certainly an early example of a sort of 19th century equivalent of what we experience with, for instance, the O.J. Simpson trial.

Newspapers covered it in great depth. In Chicago they had a dozen newspapers at the time; they would print page after page of transcripts and reports — far more detailed than anything you see in trial coverage in newspapers now.

The prosecutor, who later became Governor of Illinois, had six scrapbook volumes of newspaper coverage, with clips from Los Angeles and Buffalo and Baltimore and New York.

It actually looks like a lot of newspapers around the country did what we today call news aggregating. We complain about sites like the Huffington Post … well, a 19th century newspaper in a small town in Iowa would just publish a huge long excerpt of a story from a Chicago newspaper. And sometimes they would credit it and sometimes they wouldn’t.

Compared to present-day one- and two-paper cities, that’s still quite a difference.

There’s a lot of media out there now. If you look on the web, blogs, news aggregator sites, TV and radio. We still have a lot of media coverage now, it’s just spread out into a lot of different channels.

I was frankly shocked when I was researching how detailed some of the articles were. It helped me as a researcher. Interestingly, the readership included a lot of people who were not necessarily well-educated, yet newspapers wouldn’t hesitate to run page after page of transcripts. Nowadays, I think you’d have an editor saying, “give me 10 inches.”

Having written the book on the case, do you think Luetgert was rightly convicted?

I believe so. More than the forensic testimony, Adolph Luetgert’s behavior after his wife disappeared sort of points to a guilty conscience. He feared that certain people would go to the police and he either offered them jobs or threatened them.

Though this is precisely the sort of fuzzy circumstantial evidence those 19th century juries were acting on.

That’s absolutely true. In some of these cases you look at, what’s the difference between a man acting suspicious and an innocent man being wrongfully accused? There’s some overlap there.

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1936: Allen Foster, who fought Joe Louis

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More than twenty-five years ago, one of the southern states adopted a new method of capital punishment. Poison gas supplanted the gallows. In its earliest stages, a microphone was placed inside the sealed death chamber so that scientific observers might hear the words of the dying prisoner to judge how the human reacted in this novel situation.

The first victim was a young Negro. As the pellet dropped into the container, and the gas curled upward, through the microphone came these words: “Save me, Joe Louis. Save me, Joe Louis. Save me, Joe Louis…”

It is heartbreaking enough to ponder the last words of any person dying by force. It is even more poignant to contemplate the words of this boy because they reveal the helplessness, the loneliness and the profound despair of Negroes in that period. The condemned young Negro, groping for someone who might care for him, and had power enough to rescue him, found only the heavyweight boxing champion of the world. Joe Louis would care because he was a Negro. Joe Louis could do something because he was a fighter. In a few words the dying man had written a social commentary. Not God, not government, not charitably minded white men, but a Negro who was the world’s most expert fighter, in this last extremity, was the last hope.

-Martin Luther King, Why We Can’t Wait

This story isn’t precisely accurate as Dr. King told it, but the factual basis for this empathetic legend is Allen Foster.

On this date in 1936, Foster was the first man executed by lethal gas in North Carolina — and en route to this minor distinction he punched his ticket for commemoration in civil rights literature when he flourished a flamboyant uppercut to witnesses as he was led to the gas chamber and cried out, “I fought Joe Louis!” It was an allusion to having matched with the world champ when both were youngsters in Alabama.

This coincidental brush with celebrity was about as strange as the fact that it occurred in a gas chamber at all.

After the arrival of the electric chair, the South adopted it virtually across the board; North Carolina had switched from hanging to electrocution in 1910.

But the Tarheel State was also generally more progressive than its neighbors;* V.O. Key would write of North Carolina, “It has been the vogue to be progressive. Willingness to accept new ideas, sense of community responsibility toward the Negro, feeling of common purpose, and relative prosperity have given North Carolina a more sophisticated politics than exists in most southern states.”

Part of that “sophisticated politics” was, in the 1930s, a growing debate about the application — indeed, the mere existence — of capital punishment.

According to Trina Seitz’s “The Kiling Chair: North Carolina’s Experiment in Civility and the Execution of Allen Foster” (North Carolina Historical Review, Jan. 2004):

North Carolinians were beginning to doubt the effectiveness of the sanction and the method used to enforce it. Furthermore, private citizens, humanitarians, and state institutions alike were increasingly scrutinizing the demographics of those being put to death.

Though this scrutiny did not lead so far as actual abolition, it provided the receptively reformist environment for Mitchell County Dr. Charles Peterson’s “pet project” of switching the execution protocol to lethal gas.

The reason for his fascination with gas seems to be obscure; the method had never been employed east of the Mississippi. Maybe it had something to do with 1932’s remarkably smooth gassing of a North Carolinian from nearby Burke County in Nevada, the nation’s gas chamber pioneer.

Whatever the reason, Peterson took a seat in the legislature in 1935 and won adoption for his idea in this very first session.

Unfortunately for Peterson — and doubly so for Foster — North Carolina didn’t have quite the same facility with hydrogen cyanide, and Foster’s execution was a notorious botch that immediately got people back on the electrocution bandwagon.

Foster was doomed for raping a white woman — this may be progressive North Carolina, but it’s still the South — and according to Seitz’s rendering of the News and Observer‘s first-hand report:

“Good-bye.” The Negro’s lips framed the words so clearly that no man in the witness room could doubt what he had said. As he said it, he winked and then forced a smile at the faces peering in at him. Then he began to suffer. No man could look squarely into his eyes and fail to perceive that they were registering pain. The Negro fought for breath, knowing he was going to die and fighting to get it over with as quickly as possible …

he sucked the gas desperately until his head rolled back three minutes later, indicating to physicians that the man finally had lost consciousness. But after a period of quiescence, his small, but powerfully built torso began to retch and jerk, throwing his head forward on his chest, where witnesses could see his eyes slowly glaze … The torturous, convulsive retching continued spasmodically for a full four minutes.

Officially, it took about 11 minutes for Foster to die, and as those agonizing minutes dragged by a physician broke the witness room’s mortified silence by exclaiming, “We’ve got to shorten [the execution method] or get rid of it entirely.” Um, yeah? The prison warden was quoted the next day as saying that even hanging was preferable to this.

The ensuing political controversy, however, did not succeed in reverting the method to electrocution.

Like the original electric chair, North Carolina’s gas chamber was the beneficiary of some hasty technical fixes: heating the gas chamber (it was at the freezing point when Foster died; Colorado executioners advised North Carolina that this would impede the gassing); tweaking the chemical formula.

The very next week, a white murderer named Ed Jenkins followed Foster into the toxic plume, this time to rave reviews: he “died painlessly and the method of execution was humane”. These advances were enough to keep the gas chamber in place, although the state legislature considered several bills to return to electrocution from 1937 to 1943.

During one such debate, North Carolina playwright Paul Green testified to the assembly (per Seitz),

Some day the electric chair and the gas chamber will be set up in the State Museum as symbols of an age of horror and ignorance. School children will look at them and feel superior to us as they look back upon an era of ignorance

Three hundred sixty-two people ultimately died in North Carolina’s gas chamber. And as Green anticipated, the execution chair resides today in the state’s Museum of History.

* This is still true of North Carolina: it has employed the allegedly more humane method of lethal injection since 1984, when no other Southern state save Texas used the needle until the 1990s; that use has been sparing enough that its per-capita execution rate remains markedly lower than most other former Confederate states; and in 2009, North Carolina implemented a still–controversial Racial Justice Act empowering condemned prisoners to challenge their sentence with statistical evidence of racial disparity even though courts don’t require this at all.

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1892: Patrick Boyle, bindle bandit

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On this date in 1892, Patrick Boyle was hanged in Edwardsville, Illinois.

Boyle was a hobo who, whilst off a-tramping with a fellow-vagrant outside Nameoki, Ill., robbed said vagrant by shooting him in the back.

The victim was in good enough shape after this attack to comply with Boyle’s directive to turn out his pockets (yielding 95 cents) and cough up his bindle (yielding a couple of shirts) … and still doing well enough after transacting the business end of the stickup to hike back to Nameoki as Boyle made his getaway.

Sadly for him, the wound (however non-debilitating) was discovered to be mortal, and he passed away. But of course, he was around long enough to incriminate Boyle.

It didn’t take long for the law to catch up with Boyle, although he escaped once and made it 35 miles in handcuffs before recapture.

(A body can get around in manacles when he’s properly motivated.)

Once firmly in custody, legal matters advanced with the dispatch customary to the poor: according to the St. Louis Republic, the case was called in the morning; “a jury was selected by noon”; “The case was given to them at 6 o’clock, and at 10 they brought in a verdict.”)

Boyle was considered somewhat feebleminded and some clemency petitions led Gov. Joseph Fifer* to grant a dramatic last-second stay prior to Boyle’s planned hanging Jan. 16. But the stay was only good for one week, to give his supporters enough time to make a then-unusual appeal to the Supreme Court. It didn’t work.

* Fifer is a bit (in)famous for having just the previous year pardoned killer Thomas Neill Cream, who used this unexpected liberty after his first murder to strike out across the pond and become one of England’s more notorious serial killers. On the other hand, Fifer couldn’t find any mercy for the surviving Haymarket men.

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1880: Daniel Searles, the first hanging in Tioga County

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From the New York Evening Express, January 21, 1880.

DANIEL SEARLES HANGED.

THE NEGRO MURDERER OF OLD MR. REWEY
Sketch of a Brutal Crime — The Condemned Man Owns His Guilt and Admits the Justice of His Sentence.

OSWEGOOWEGO, N.Y., January 21. — The first instance of capital punishment in Tioga county occurred here to-day at noon. The extreme penalty of the law was inflicted upon Daniel Searles, an illiterate negro, who in June last murdered Eldridge Rewey, an aged farmer, who lived alone in the neighboring vilage of Newark Valley.

The murder was for the purpose of robbery, and was one of fiendish atrocity. Calling at the farmer’s house in the early evening of June 25, Searles felled him senseless to the floor, and then cut his throat with a razor.

He obtained about $300 by searching the house, and, on preparing to leave, noticed that his victim had revived. Rewey had also drawn a knife from his pocket, as if to defend himself, which the negro wrested from him, and with which he nearly decapitated his helpless victim.

He was arrested next day, tried before Judge Follett at OswegoOwego, and on December 8 was sentenced to be hung to-day.

Searles has made no attempt to deny his guilt, openly confessing the crime and saying he deserved to die for it. He has preserved a brave exterior throughout, and passed his last night on earth seemingly with less anxiety than did his executioner.

The execution took place in a temporary frame structure in the jail-yard, erected for the purpose. A cordon of military attended. The gallows was the same on which Penwell was executed at Elmira in July, 1877, for wife murder. The ponderous drop weighed three hundred pounds.

The spectators were in attendance at 11:45, some two hundred being present. Prayers were said in the prisoner’s cell at noon and the death warrant read to him.

Part of the Daily Triple: 1880 and Death.

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2006: Clarence Ray Allen, “beyond rehabilitation”

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

On this day in 2006, Clarence Allen was executed by the state of California for his role in the murders of three people.


Clarence Ray Allen packing heat and bravado in the 1970s (top); and, as a geriatric condemned man (bottom).

He could be seen as a kind of poster child for the death penalty: Allen was already serving a life sentence in prison for murder when he had the witnesses against him killed. As the Ninth Court of Appeals noted,

Given the nature of his crimes, sentencing him to another life term would achieve none of the traditional purposes underlying punishment. Allen … has proven that he is beyond rehabilitation.

The California Attorney General’s office provides a detailed account of his crimes here. (pdf) Crime Magazine ran a detailed piece on Allen in 2009. For Executed Today, a summary will suffice:

Allen, a father of two, presented an outward appearance of respectability (in fact, he ran a thriving security business) while organizing a gang of young people to help him commit many burglaries. In June 1974, Allen, his son Roger and other accomplices burglarized a Fresno supermarket and stole, among other things, $10,000 in money orders. Roger’s seventeen-year-old girlfriend, Mary Sue Kitts, later told Bryon Schletewitz, whose parents owned the supermarket, who had committed the burglary.

Allen had warned his gang that “snitches” would be put to death, and when he found out what Kitts had done he ordered her murder. Another member of the gang, Eugene Farrow, actually committed the deed, strangling Kitts and dumping her body in a canal. Her body has never been found.

Allen was convicted of the burglary and Kitts’s murder in 1977 and sentenced to life. Farrow pleaded guilty to second-degree murder.

After his conviction, Allen ordered the murders of eight of the witnesses who had testified against him at the trial, including Schletewitz and his parents. His other son, Kenneth (lovely family they are), supplied weapons and transportation to Billy Ray Hamilton, a recently paroled prisoner who had been offered $25,000 to commit the murders, and Hamilton’s girlfriend, Connie Sue Barbo. In 1980, Hamilton and Barbo broke into the supermarket and shot Schletewitz as well as Douglas Scott White and Jacqueline Rocha, two teenagers who were just in the wrong place at the wrong time.

Fortunately, Barbo was caught at the scene and Hamilton was arrested just a few days later, before he could get on with the hit list.

In 1982, Allen was sentenced to death for the three murders. Hamilton was also sent to Death Row, where he remains. Barbo got a life term. Kenneth accepted a plea agreement that offered minimal prison time in exchange for his testimony, but when he recanted his original statements the agreement was canceled and he got a life sentence.

Already fifty years old at the time of the supermarket murders, Allen had to wait a further twenty-six years for his date with death. While he was on Death Row his health deterioriated markedly.

By the time he was executed he was diabetic, nearly deaf, legally blind and confined to a wheelchair. He also had a heart attack in 2005 and had to have bypass surgery.

Given the circumstances of his crimes, his advanced age and poor health were the only mitigating circumstances his attorneys could think of to argue for a reprieve. The Ninth Court of Appeals didn’t agree that this constituted cruel and unusual punishment.

Writing for the panel of judges, Judge Kim Wardlaw said,

His age and experience only sharpened his ability to coldly calculate the execution of the crime. Nothing about his current ailments reduces his culpability and thus they do not lessen the retributive or deterrent purposes of the death penalty.

For the same reasons, California Governor Arnold Schwarzenegger refused to intervene to stop the execution, saying, “His conduct did not result from youth or inexperience, but instead resulted from the hardened and calculating decisions of a mature man.”

On the day of Allen’s execution, he had to be lifted from his chair onto the gurney. His last words were: “It’s a good day to die. Thank you very much. I love you all. Goodbye.” It took eighteen minutes and an extra dose of potassium chloride for him to die.

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2003: Daniel Juan Revilla

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On this date in 2003, Daniel Juan Revilla was executed in Oklahoma for beating his girlfriend’s daughterson to death.

“Daniel gave his last few years to his project in the hope that his laughter and good spirit would live on through his work.”

Six months after his 18th birthday, Revilla appeared at the Jackson County hospital with his girlfriend’s infant son, screaming that the child had stopped breathing. The boy never revived.

Doctors trying to save little Mark Gomez couldn’t help but notice a catalogue of injuries: burns, bruises, cuts, brain hemorrhaging. Revilla’s explanation of careening through the house Homer Simpson-esque with the child — scalding him by trying to revive him with bathwater, bonking his head on the door running out to the hospital — didn’t persuade many.

Indeed, trial testimony from the mother and others tended towards the notion that Revilla openly disliked the kid because it wasn’t his, and was given to violently taking out his frustrated reproductive rivalry. He may have tried to “accidentally” kill the child previously.

The victim’s father, Juan Gomez, emerges from the news reports as a distinctly more impressive character, remembering the “short time, but still a good time” he had with Mark without losing empathy even for his murderous rival.

“I do forgive Mr. Revilla,” Juan Gomez told the media. “He was young at the time and I don’t think he realized what he did until it was too late. And I feel very sorry for his family for the loss of their son.”

Some thoughts of Daniel’s (about death row and the death penalty; he didn’t remark on the facts of the case) remain preserved on an ancient Internet page here. Sample:

The death penalty is unequivocally imposed arbitrarily. If you can’t afford justice, you’ll receive just as much justice as you can buy. In the case ofthe poor, that equals : none. There are those on death row, right now, with witnesses, evidence, DNA proof…etc, who can prove their innocence, if only they could afford it. Sadly, they can’t. Nor can they fight the Goliath system that oppresses them…They will die… The indigent, since they cannot afford to hire competent legal representation, are forced to capitulate. They abdicate their lives to the states ‘indigent defense system.’ An unimpressive, underfunded, jerkwater organization; implemented and appointed by the state, to facilitate the state’s desire to escort you through the formalities and into the execution chamber.

A comic series he drew during the half of his life he spent being escorted through the formalities and into the execution chamber was recently published as Dirt Road.

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1887: Thomas Cluverius, Richmond murderer

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Dallas Morning News, January 14, 1887.

On this date in 1887, a long-running (for the time) legal drama in Richmond ended with the hanging of Thomas Cluverius for murder.

On Friday the 13th — March 13, 1885 — Cluverius killed his cousin and lover Lillian Madison, who was eight months pregnant with his child, an act “as dark as any that can be found in all the calendar of crimes.” (Columbus Daily Enquirer, Jan. 15, 1887)

From the illicit affair to the shocking crime of passion and calculation to the damning lost watch key found at the site of the murder: everything conspired to spill newsprint, not only in Virginia but nationwide.

Nevertheless, by the time he hanged, the young lawyer was supported by at least a chunk of public opinion prepared to credit his dogged insistence on innocence.* He maintained it all the way to the scaffold. The drama of a potential gubernatorial reprieve, backed by hundreds of Old Dominion worthies, went to literally the very last hour of the condemned man.

The facts of this case now 125 years in the grave enjoy meticulous and evocative coverage at The Shockoe Examiner, a Richmond blog that we come to via Murder by Gaslight’s Cluverius post.

We’re very pleased on this occasion to interview a writer who has given “Tommie” and “Lillie” a more literary treatment. John Milliken Thompson‘s first novel The Reservoir (review), just published in the summer of 2011, illuminates the timeless conflicts between lust and propriety, in the very specific locale of post-Reconstruction Richmond.

ET: For you as a writer, how did you come by this story, and why did you decide to make it your first novel?

JMT: I came across a brief mention of the case in a book on Richmond history and made a mental note of it.

Sometime later I began looking into the case and, after finding all kinds of material on the trial and on Richmond in the 1880s, I became more and more intrigued. A failed attempt to turn the story into a nonfiction account led me to write it as a novel.

Book CoverWhat was the most challenging thing about approaching the story?

Creating believable, interesting characters within a compelling plot is THE challenge of writing any piece of fiction. This one was no different, though it helped to have a historical framework and tons of good material to turn to.

That said, one of the toughest things about telling this story was getting the voice right. My goal was to create a narrative that could get close in to Tommie’s head, without revealing too much (to the reader or himself), and then pull farther back.

I found it interesting that you said you “felt so connected to these long-dead people that [you] owed it to them to get it right,” because I have that sense myself sometimes. In the end, what are you hoping that 21st century readers take away from the story? What did you take away from it?

In the end, I think what I most want is for readers to feel moved by the plight of these young people, who made some crucial mistakes and paid dearly for them. We all make mistakes in our youth; sometimes we learn our lessons before we get in deeper, sometimes not.

The inference is that Tommie killed Lillian because she was pregnant. How damaging would Lillian’s giving birth really have been to Tommie socially, professionally, or otherwise? Do we need to look for more complex motivations?

That’s a good question, and Tommie even considers what his life would be like if he had “done the right thing” by Lillie and married her. Even if he had been able to live down the scandal of marrying a pregnant girl, which in those days and in their circle would’ve been significant, it would still not have been the life this ambitious young man had envisioned for himself.

And what about the world he lived in — 1880s Virginia, and the place of the crime, Richmond. What’s this place like a generation after the Civil War? And why did this crime in this place become national news?

Well, Richmond, the former Confederate capital, was making a comeback after being ravaged by the war. This event caught the interest of the general public because of the high standing of the families involved and because the lawyers trying the case were distinguished men and famous orators.

Despite maintaining innocence to the last, it seems pretty difficult to imagine that Thomas Cluverius was actually innocent. Still, at the time there were plenty of people who apparently thought he might be. Why on earth did he attract that level of support? If not for the watch-key, might he have avoided conviction altogether?

That’s the fickle nature of the public — once the scapegoat has been cast out, there is a lingering sense of doubt and guilt that causes many of us to look into our own hearts … let he who is without sin.

I think the watch-key did play a big role, but it wasn’t necessarily the sine qua non. I think the sheer volume of testimony offered by the prosecution overwhelmed any reserve the all-male jury might have felt. The burden of proof, in fact if not by law, lay with the defense, and the proof (of innocence) simply wasn’t there.

What are you working on next?

I’m finishing up a coming-of-age novel about a young woman who suffers a number of poignant losses in turn-of-the-century North Carolina. By the way, until “turn-of-the-century” means turn of the 21st (maybe in two decades?) I’m using that phrase to mean turn of the 20th.

Thanks for inviting me on your blog.

* Or empathize with the young lawyer’s lost-potential pathos.

On this day..

1943: Jarvis Catoe

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

On this date in 1943, serial killer Jarvis Theodore Roosevelt Catoe was fried in the federal chair for the murder of Washington D.C. resident named Rose Abramowitz.

The 25-year-old victim, who had married only a month before, had hired Catoe to wax her kitchen floor.

Instead he raped and strangled her, left her sprawled on her bed and made off with $20.

Abramowitz wasn’t Catoe’s first victim and she would not be his last — although she was his first white victim; the previous ones had been black like Jarvis himself. This article summarizes Catoe’s career: homicides in New York City and Washington, beginning in 1935, as well as multiple robberies, rapes, indecent exposures and attempted kidnappings. To add insult to injury, an innocent man, James Matthew Smith, was convicted in his first murder and had already served several years of a life sentence by the time of Catoe’s arrest.

Time magazine called him a “one-man crime wave.” The D.C. police’s failure to catch him resulted in serious public embarrassment for the department and a dressing-down before Congress. Not bad for a killer so obscure his name isn’t even in Wikipedia.

Catoe’s last victim was Evelyn Anderson, a waitress in the Bronx. After he strangled her and left her body in an alley he took her purse and watch and gave it to a lady friend, who gave it to another friend, who gave it to a man who pawned it for $20. The New York Police, who had been checking the local pawn shops, found the watch and traced it through its various handlers, finally landing on Catoe, who had moved back to Washington by then.

He confessed to seven murders that he could remember, but reckoned the real body count was “about ten.” Most, but not all, of his victims had been sexually assaulted. A classic sexual sadist, Catoe stated he suffered from “spells” where he had an uncontrollable urge to kill. These spells tended to happen after he’d been reading detective stories and looking at pornography.

Catoe later retracted all his statements, saying he’d been “sick and weak” and the police and badgered him into making up stories. The jury didn’t buy it: in the Abramowitz trial, they were out for only eighteen minutes before voting for conviction and the death penalty.

He walked into the death chamber singing.

On this day..

1943: Rosanna and Daniel Phillips

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Executions on New Year’s Day have not been unheard-of in U.S. history, but it’s been Auld Lang Syne since the last such event — a North Carolina double-gassing on this date in 1943.

The previous year, January 1, 1942, had seen the Tar Heel state host the Rose Bowl at Duke University’s stadium: that was just 25 days after Pearl Harbor, and the California coast was considered a potential target. With war in the Pacific trending America’s way, however, the tournament of Roses — although still not the associated parade — was back in Pasadena on New Year’s 1943. So instead, North Carolina did this.*

Daniel and Rosanna Phillips, black sharecroppers, died consecutively in the Raleigh Central Prison gas chamber for the ax murder of their farm owner a mere five months before.

This laboring couple, lovers living out of wedlock (they married after the murder), seem to have had a violent relationship with one another; their 13-hour trial would feature the defendants’ mutual recriminations of black magic, and allegations by each that the other one was the real killer. (Theft appears to have been the motive.)

(The lengthiest accessible summary of this case that I’ve been able to find is in this pdf of a lengthy journal article, “Black Female Executions in Historical Context” (scroll all the way to p. 77).)

The U.P. wire report (as run in the New York Times, Jan. 2, 1943) says that the pair forgave each other by the end. Still, Daniel was gassed first “at the request of the State Parole Commission, on the possibility that he might make a last-minute statement exonerating his wife,” which would have spared Rosanna. One wonders if she was still in a forgiving mood when she found out that he hadn’t breathed the word that might save her.

At least some newsmen also reported a malfunction in the chair’s cyanide-dropping rack for Rosanna’s execution, which required guards to re-open the chamber after its strapped and hooded subject had been sealed in, and putz about the mechanism while she waited.

* Actual reason to do this on New Year’s Day: the mere happenstance of automatically scheduling execution dates a set number of days after the defendants’ last appeal failed.

On this day..