Category Archives: Milestones

1963: Nora Parham, the only woman hanged in Belize

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Belize, B. Honduras, June 5. — Nora Parham, aged 36, the East Indian mother of eight sons, was hanged today for the murder of the man with whom she had been living.

So ran a minute, page-10 wire story in the London Times* from the British Central American possession soon to become self-governing as the country of Belize.

The unfortunate subject of the story was the first, and remains to date the only, woman put to death in Belize.

But she’s very much more than a bit of trivia.

A domestic violence victim hanged for murdering her batterer — who just happened to be a cop — Parham remains a lively source of controversy down to the present day.

Nora’s position as the victim in an abusive marriage, combined with serious doubt about whether she truly killed her husband at all, have given her enduring appeal. There’s a going campaign to issue her a posthumous pardon. In fact, there was a going campaign before she died to issue her a humous pardon, opposed by a governing party paper on the grounds that “sympathy” ought not “change court rulings.”

And it’s hard not to feel sympathy for Nora Parham and the years of beatings she’s reported to have endured in her relationship with Ketchell Trapp. One doubts even the harshest magistrate would condemn a person in her situation to hang today.

“By refusing to treat the pair as wife and husband, not just cop slayer and cop,” argues this volume on gender politics in colonized Belize, “the government deepened its own highly political silence about domestic and community gender oppression and violence and added a threatening element to its re-call to ‘domestic womanhood.'”

That cop/husband was doused with gasoline and set afire, but admitted as he expired from these ghastly injuries that he had been beating Parham before the fatal fire.

Even so, it sounds like a calculated way to kill a person.

But many believe, as Parham testified at her trial** that it wasn’t homicide at all … that Trapp was incidentally splattered with gasoline during his donnybrook with his wife, then carelessly set himself ablaze lighting a cigarette while off in the outhouse. (While naked, no less. What a way to go.)

“While he came back in the bedroom, I had a gasoline iron [in] my hand with a pan of gasoline.

“He came in the bedroom with a stick in his hand and hit me on my head. When he was going to hit me another hit, I threw the gasoline on him and he grabbed away the pan from me, and I went through the backdoor and he stone me with the said pan.

“After he stoned [me], I ran around the house and he never see where I got to. I went in the house through the front door, then I took the gasoline iron from where I left it and put it in the box.

“While I was inside I heard a noise and I run to see what it was. When I went I saw Ketchell Trapp come out of the latrine under fire. I then run up to help him but I see I could not, then I continued running towards the Hospital back street, running towards the station.

-Nora Parham, at trial

That trial excerpt is drawn from a strongly pro-Nora account with more details about the case here.

Belize still hands down death sentences, but has not carried one out on anybody, man or woman, since 1985.

* June 6, 1963

** All-male jury, which was true of all juries in Belize until 1970.

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1872: Franks survives Fiji’s first hanging

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On this date in 1872, the Melanesian realm of Fiji was favored with its first official public hanging.

It’s not as easy as it looks.

Enjoy this comprehensive botch from the firsthand account relayed by the New York Times:

A Fiji Execution.

The first attempt made in Fiji to carry a capital sentence into effect brought about one of the most remarkable incidents to be found in the annals of public executions. The Fiji Times of June 1 furnishes the following account:

“A horrible and brutalizing scene was witnessed last Tuesday morning by a number of persons who went to see the execution of the man Franks for the murder of Mr. Thomas Muir on board the Marion Rennie. He had been sentenced to suffer the extreme penalty of the law, and was to have been hanged on Monday, the 27th ult., but a gross miscarriage of justice was allowed to occur.

“The time appointed came and went, but the execution did not take place, for the simple reason that it did not suit the private convenience of the Sheriff. The poor wretch, who had by anticipation suffered the horrors of death, was then left in all the harrowing and unimaginable anxiety and uncertainty as to his fate from hour to hour until late in the evening, when he was informed that he must be hanged in the morning at 6 o’clock.

“Every preparation was made the previous night, the rope was fixed, and the noose adjusted. Rain fell, however, and wetted the rope, which was a very thick one, and in the morning it had to be dried before a fire. The time came, the rope was again fixed, the culprit and the hangman were on the scaffold, and before slipping the noose over the wretched man’s head the hangman had to sit down and place one of his feet in and pull with all his might to make the knot run; then after placing it over Frank’s head he had the utmost difficulty in making it fit anything like tight, but not nearly so tight as it should have been.

“Then the drop fell, and when the rope tightened with a slow dull thud, Franks was apparently dead for about three minutes, when his limbs began to move and he gave several groans, and then spoke. He prayed of those around him to put him out of his agony, to ‘let him meet his Maker in peace.’

“Then, through being improperly pinioned, he raised one arm and got hold of the rope, and so partly relieved himself from the fearful strain upon his neck. He still continued to beg to be put out of his misery, telling them he forgave them for the ‘black job’ they had made of it.

“But the frightful scene was not yet over.

“One of the officials, (the deputy was not to be found,) on the impulse of the moment, ran and cut the man down, when he fell heavily to the ground, there not being any attempt to catch him in his fall. Franks was then removed to the prison.

“Thus ended this ‘black job,’ which for horror is almost unparalleled. Its effect upon the spectators was such that one strong man actually fainted away.

“Thus the majesty of the law in Fiji has been asserted. Its most terrible sentence, death, has been attempted to be inflicted, and signally failed.

“The wretched man, after the terrible ordeal through which he passed, has been reprieved. Had another attempt been made to hang him, so strong was the feeling of indignation on the beach, we fully believe there would have been a riot.

“The question arises as to what should be done with the man. He has to all intents and purposes suffered the penalty of the law. Twice he has experienced horrors the like of which no man can imagine, and after being hanged and cut down by the officials, surely his punishment has ceased.

“The sentence was that he be hanged until ‘dead,’ but instead of being so hanged the officers of the law cut him down before death. The man should be free, for it must be clear that the law cannot punish him twice for the same offense.

“The best way to do now would be to pay his passage out of the country, and be rid of such a fellow from among us.

“Franks states that when the bolt was drawn and he fell, he thought he felt something break at the back of his neck, and he was praying and thinking of God and heaven. Then the memory of a wreck from which he was rescued passed before his mind. He saw himself cling to the chains till washed away; then seizing a rope attached to a floating spar, and clinging to it until washed back again on deck by a heavy sea. All the details of the wreck passed through his mind, and then came the thought, ‘Why do I not die?’ And finding he could breathe he suspected foul play and an intention to torture him by prolonging his sufferings. Then he spoke and clutched the rope, willing and wishing to die, but not a prolonged death.”

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1647: Alse Young, the first witchcraft execution in New England

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On this date in 1647, the state of Connecticut carried out the first recorded execution of a witch in the American colonies.

A good half-century before the more renowned Salem witch trials, Alse Young — about whom little is recorded safe her infernal affiliations — hanged at Windsor for her devilry.

She was the first of several in Connecticut to suffer that penalty over the generation to come.

And though we’d be happy to blather on about it, we think you’ll find that Tim Abbott’s peripatetic Walking the Berkshires blog — still a font of compelling and original content in its sixth year on the beat — has Alse Young (and early Connecticut witchery) covered.

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1830: The slave Jerry, the last American execution by burning?

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On this date in 1830,* a slave named Jerry was executed in Abbeville, South Carolina … by burning to death.

The slave was the property of a Miss Elizabeth McQuerns, a schoolteacher who hired him out — in which capacity he raped the wife of his subcontracted master.

This case is treated in an April 1990 piece for The South Carolina Historical Magazine by Lowry Ware, titled “The Burning of Jerry: The Last Slave Execution by Fire in South Carolina?” But in addition to being the last execution by fire in South Carolina, it might well be the last in the United States. (The quotes below are all via Ware.)

“Judicial,” for slaves, was of course something less than a robust vindication of the defendant’s rights — and burning sentences imposed in colonial and antebellum America were almost universally used against black slaves. One pictures a context not unlike that of extrajudicial burnings to follow in the decades yet to come.

According to a copy of the trial transcript McQuerns later filed for compensation (the original trial record is lost, Ware says),

the Court acquainted [Jerry] that they were to proceed immediately upon trial and would hear his answer to the charge against him and whatever witnesses he had to produce in his behalf as well as against him.

The witness produced to support the charge against the prisoner was heard and examined and there being no witness in behalf of the prisoner, the court after mature consideration of the case found the prisoner guilty … [and was condemned to] be sent to the Gaol of the said District and there remain until the first day of May next and then be brought back to an old field above West Donald still house, and there burnt to death between the hours of twelve and two o’clock.

…

But previous to awarding and ordering said sentence to be executed appraised and valued said Negro slave man named Jerry at four hundred dollars and direct the sum of ____ to be paid to Elizabeth McQuerns the owner of said Negro and the remainder of the sum of ____ dollars to ____ agreeably to the Act of Assembly made and provided.

Such a dramatically anachronistic sentence surely made its impression.

As remembered, decades later, by a minister named Samuel Leard who witnessed the execution as a teenager,

thousands of men, women and children, both white and colored, assembled together in an old field not far from the residence of Mr. Donald to witness the execution of a beastly criminal by burning alive at the stake. The crime cannot with propriety be named — the name and the memory of the criminal ought to be consigned to eternal oblivion. But there sat the prisoner, the waiting impatient crowd, the immense pile of pitch pine logs and kindling wood scattered around, the sheriff and his posse, the temporary platform for the preacher … for it was determined that the fiendish criminal should hear his own funeral sermon pronounced … As the poor doomed man ascended the pile, he began to pray audibly and this was kept up continuously during the process of chaining him to the stake, and until the mounting flames deprived him of a wretched life. This was the last execution by fire ever seen in South Carolina.

–Abbeville Press & Banner, July 2, 1879

In 1833, the Palmetto State humanely legislated that “that “on the conviction of a slave, or a free person of color, for a capital offence, the punishment shall be by hanging, and not otherwise.”

* The scanty documentation remaining of this case leaves the date less than completely ironclad, but the one issued in sentence attested in this piece will have to do.

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1882: George Henry Lamson, aconitine poisoner

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On this date in 1882, George Henry Lamson was hanged at England’s Wandsworth Prison for poisoning his brother-in-law in pursuit of an inheritance.

Once decorated for his volunteer medical practicioning in the benighted lands of eastern Europe, Dr. Lamson fell prey upon his return to England to morphine addiction which cleaned out his assets.

Desperate to resolve his debts, he administered a lethal aconitine dose to the paraplegic 18-year-old Percy John.

Apparently, the good doctor had learned all about this efficacious chemical at the knee of Queen Victoria’s own physician, Robert Christison.

Unfortunately, Lamson hadn’t been keeping up with his technical journals in the meantime: Christison had taught him that aconitine poisoning was undetectable, but a forensic technique to identify it had subsequently been developed.

(Minor-league milestone: Lamson’s was the first recorded criminal defense that attempted to blame ptomaine poisoning, a now-discredited theory that death can be induced by alkaloid toxins from decomposing food. But the lawyer making that defense would later write that he not only believed his client guilty, he also thought Lamson had iced his wife’s older brother, Herbert.)

The particulars of Lamson’s trial are recounted at length in this free book, from which we excerpt the interesting description of executioner William Marwood’s craft in arranging the scene.

Lamson was a more powerfully built man than he appeared, weighing upwards of 11 stone 12 Ibs., and the executioner, evidently fearing that hie strength would operate somewhat against a sharp and quick fall, fastened back his shoulders in a manner which precluded all possibility of the culprit resisting the action of the drop …

When the convict was pinioned the procession moved on, the clergyman the meanwhile reading the service of the Church appointed for the burial of the dead, the doomed man respondnig almost inaudibly to the words as they were uttered by the chaplain. It was with great difficulty now that he could walk at all; indeed, it is certain that had he not been supported by the two warders who stood on either side of him, he would have fallen to the earth. Suddenly he came in sight of the gallows, a black structure, about 30 yards distant. The grave, newly dug, was close at hand. The new and terrible spectacle here acted once more with painful effect upon the condemned man, for again he almost halted and fell. But the warders, never leaving hold of him, moved on, while Marwood came behind. At last the gallows was reached, and here the clergyman bade farewell to the prisoner, while Marwood began his preparations with the rope and the beam overhead. With a view to meet any accretion of fear which might now befall the culprit, a wise provision had been made. The drop was so arranged as to part in the middle, after the fashion of two folding doors ; but, lest the doomed man might not be able to stand upon the scaffold without assistance, two planks of deal had been placed over the drop, one on either side of the rope, so that up to the latest moment the two warders supporting the convict might stand securely and hold him up, without danger to themselves or inconvenience to the machinery of the gallows. In this way Lamson was now kept erect while Marwood fastened his legs and put the cap over his eyes. He must have fallen had the arrangement been otherwise, for his effort to appear composed had by this time failed. Indeed, from what now occurred it is evident that the convict yet hoped for a few moments more of life, for, as Marwood proceeded to pull the cap down over his face he pitifully begged that one more prayer might be recited by the chaplain. Willing as the executioner possibly might have been to listen to this request, he had, of course, no power to alter the progress of the service, and was obliged to disregard this last demand of the dying man. Signalling to the warders to withdraw their arms, he drew the lever, which released the bolt under the drop, and so launched the prisoner into eternity, [the] clergyman finished the Lord’s Prayer, in the midst of which he found himself when the lever had been pulled, and then, pronouncing the benediction, moved slowly back to the prison.

Though aconitine poisoning dates back to antiquity (the Greeks figured that the original dog from hell, Cerberus, drooled aconitine) and has been used as a literary device by Oscar Wilde, James Joyce, and J.K. Rowling, Dr. Lamson’s was long the last known case of criminal homicide by aconitine — until the 2009 conviction of a west London woman for slipping this illustrious mickey to her paramour in his chicken curry.

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1988: Stanislaw Czabanski, the last in Poland

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On this date in 1988, in its last full year of Communist rule, Poland carried out its last hanging.

Stanislaw Czabanski, who killed a woman in Tarnow, was hanged in Krakow’s Montelupich Prison.

According to this 1996 survey of worldwide death penalty trends by British death penalty abolitionist Peter Hodgkinson,

In Poland, courts of regular jurisdiction rendered altogether 318 final death sentences between 1956 and 1988 (the last full year of communist rule), that is, on average, 10 death sentences per year … Seven death penalty sentences were passed on average each year in the 1960s; this number almost doubled in the 1970s. The decade of the 1980s was marked by the emergence of Solidarity, the first independent civic body ever in existence in a communist country, by the imposition of Martial Law in December of 1981, and by the repressive political climate in the subsequent years. However, one notices a pronounced decrease in the number of death sentences compared to the previous decade. Altogether sixty such sentences were passed between 1980 and 1988, an average of 7.7 per year … Jaruzelski‘s military regime used more carrots than sticks when dealing with the political opposition.

The contemporary artistic reflection of elites’ growing concern over capital punishment was the 1989 Krzysztof Kieslowski flick critiquing the death penalty in his Dekalog series.

Though Poland continued to hand out death sentences until the mid-Nineties, a moratorium on actual executions took hold.

One can, of course, never say what shall be for all time; while death penalty abolition was a condition for Poland’s European Union membership, the conservative-nationalist Kaczynski brothers have openly mooted reintroducing capital punishment.

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1996: John Martin Scripps, British serial killer

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On this date in 1996, the first westerner hanged for murder in Singapore got his deserts in Changi Prison.

Mild-mannered John Martin Scripps had created a sensation in the city-state for turning South African tourist Gerard Lowe into a sack full of dismembered body parts at Clifford Pier.

“The tourist from hell” argued in defense that it had all been a gay panic after Lowe came onto him. Not a bit of it.

Turns out Scripps, recently absconded from British custody after his latest in a series of drug and theft arrests,* had used the same chop-shop m.o. on a Canadian mother and son in Thailand and, as with Lowe, leached their electronic assets thereafter.

(Ever the jet-setter, Scripps was also a suspect in three other murders — of two Brits in Central America and of an American male prostitute in San Francisco.)

“John disappeared on several trips and went to the United States and South-East Asia,” his Mexican ex-wife said later. “I knew something awful was happening, but I could not believe he had started killing people.”

After conviction, Scripps declined to appeal or petition for clemency, saying he wanted the law to take its course quickly. He was hanged alongside two drug traffickers.

* He’d learned butchery in prison — so well that he’d talked about opening a shop when he got out. Which is sort of what he did.

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1967: Aaron Mitchell, Ronald Reagan’s first and only execution

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On this date in 1967, Aaron Mitchell was gassed in California on the authority of a governor holding his first elected office — Ronald Reagan, future U.S. president and emerging avatar of conservative white ressentiment in the turbulent 1960s.

It was only 23 days after California’s last previous execution, in January 1963, that Mitchell killed a white cop during a shootout occasioned by his abortive bar robbery. He’d been on death row fighting execution ever since, with a few dozen others who had been there even longer.

That gummed-up death penalty process, for which the Golden State is so well-known today, was most vividly symbolized at the time by the 12-year death row odyssey of Caryl Chessman.

And it had been among the many grievances catalyzing a conservative backlash against the civil rights movement, the Great Society, anti-war protesters, permissive social mores … the whole aspect of Sixties counterculture and American liberalism.

Ronald Reagan was born to wield the sword against it all. The sword, or some little cyanide pellets.

Reagan, a film actor, had cut his political teeth as a spokesman for General Electric and against commie plots like Medicare.

After famously backing the failed 1964 presidential bid of Barry Goldwater, Reagan emerged as the favored son of the New Right, and in his first foray into electoral politics, steamrolled over incumbent Democrat Edmund Brown in California’s 1966 gubernatorial election.

Reagan had an undoubted gift for packaging the sometimes unpalatable ennui of his potential constituencies into soundbites that respectable people could repeat in public, which talent proved essential to his bright political future.

“Why is it,” he demanded during the campaign, “that no street in our city is safe for women after dark?” (Los Angeles Times, September 21, 1966) Stung by Republican attacks on rising crime rates, Gov. Brown had vainly pushed a tough-on-crime platform of his own in 1966.

Too little. Too late.

“Mr. Reagan is outspokenly in favor of capital punishment and he has just been elected by a tremendous majority,” said Jesse James Gilbert, 41, who has languished on Death Row for two years.* “If the courts begin to reflect his thinking, he will be in a position to become the greatest butcher governor in history.”

–Los Angeles Times, Dec. 4, 1966

What a different world it was from today’s that a major paper unabashedly used a death row prisoner’s own voice for analytical comment. Still, that same article noted (not in Gilbert’s voice, but as a plain fact on the ground) that “even a single execution could endanger Reagan’s chances for reelection or stifle voices which are beginning to urge him to seek the Republican Presidential nomination in 1968 or 1972.” A different world indeed.

Reagan had outspokenly run on capital punishment, however, and there’s such a thing as feeding your base. He surely was not going to execute nobody.

Mitchell was the man in line, and he certainly fit that not-safe-to-walk-the-streets-at-night angle, if you catch the drift. In an Ebony (June 1967) profile of his last days, Mitchell emerges at once radicalized and resigned, his four years awaiting death spent “researching and studying the race problem.”

“Every negro ever convicted of killing a police officer has died in that gas chamber,” Mitchell said on the day of his death. “So what chance did I have?”**

When the aide in charge of the clemency application is overtly pro-Scrooge future Attorney General Edwin Meese … not much chance, no.

So on this date, and in spite of an energetic protest outside San Quentin, a suicide attempt inside it, an open line to the governor’s office just in case, and a hysterical mother (who fled Mitchell’s clemency session in tears two days before, complaining that it was “a sham hearing”), Mitchell became the 501st person put to death since the state moved all executions from county auspices into state prisons.†

The 502nd would not take place until another quarter-century had elapsed.

Cold comfort to Mitchell, but Reagan himself did not vindicate Jesse Gilbert’s worst fears, and did not present the execution rubber-stamp of a later political generation; for his time and place, being visibly willing to approve some executions amply proved his credentials. (Newsweek called the governor a “man of conviction” after the Mitchell execution. (Source) Mission accomplished.)

Reagan would stay the next death date on his watch, that of Daniel Allen Roberts, over questions of mental competency; later in 1967, he would do the same for Robert Lee Massie just hours ahead of execution so that Massie could testify in another trial, inadvertently providing a bullet point in the conservative critique of death penalty squeamishness.

And in the event, the Great Communicator would be spared any great need to answer for a significant slate of individual clemency decisions. It was judicial activity far more than executive reticence that stayed the hand of California’s executioner; only one more execution after Mitchell’s took place in all of the U.S. before the country slipped into a complete death penalty moratorium from which it would not emerge for another decade.

And when the Reagan-appointed California Chief Justice Donald Wright authored a 1972 opinion striking down that state’s death penalty laws, it emptied death row outright.‡ (Sparing, among over 100 others, Charles Manson and Sirhan Sirhan.)

Capital punishment is impermissibly cruel. It degrades and dehumanizes all who participate in its processes. It is unnecessary to any legitimate goal of the state and is incompatible with the dignity of man and the judicial process. Our conclusion that the death penalty may no longer be exacted in California consistently with article I, section 6, of our Constitution is not grounded in sympathy for those who would commit crimes of violence, but in concern for the society that diminishes itself whenever it takes the life of one of its members. Lord Chancellor Gardiner reminded the House of Lords, debating abolition of capital punishment in England: “When we abolished the punishment for treason that you should be hanged, and then cut down while still alive, and then disembowelled while still alive, and then quartered, we did not abolish that punishment because we sympathised with traitors, but because we took the view that it was a punishment no longer consistent with our self respect.”

–California v. Anderson

That would not stand as the final word on capital punishment in California, but by the time other condemned prisoners had come to the end of their appeals, they were the concern of different governors.

Reagan left the California governor’s mansion in 1975 during the death penalty’s long hiatus; as U.S. president from 1981 to 1989, the death penalty was only just coming back online from that period, and that at the state level. Beyond platitudinous approval of the trend, Reagan never had to put his own signature on a federal death warrant.

So as it turned out, Aaron Mitchell was the first, last, and only man so distinguished.

And Reagan’s minuscule career execution count was hardly the anomaly that it might now appear. Prior to Reagan, the last Chief Executive who had actually entered the White House having previously forwarded any fellow to the executioner was … Dwight Eisenhower.

* Gilbert is the appellant in the 1967 U.S. Supreme Court decision Gilbert v. California, reversing his conviction because of a police lineup identification unconstitutionally obtained without his lawyer’s knowledge.

** The cop-killing Mitchell wasn’t getting any love from the beleaguered Brown administration, either; Brown almost had a shot to pull a Ricky Ray Rector with Mitchell during the campaign, but the prisoner won a judicial stay just 24 hours from execution in May 1966.

The now-former governor was quoted after Mitchell’s actual 1967 execution expressing general support for Reagan’s non-clemency in spite of Brown’s own philosophical opposition to capital punishment.

† A journalist who witnessed the gassing later described it as something less than a triumph of the killing arts.

as the gas hit him, his head immediately fell to his chest. Then his head came up and he looked directly into the window. For nearly seven minutes he sat up that way, with his chest heaving, saliva bubbling between his lips. He tucked his thumbs into his fists, and finally his head fell again … I believe he was aware many minutes … He appeared to be in great anguish

‡ “A mockery of the constitutional process,” fumed (pdf) Reagan, who claimed that Wright had told him he backed capital punishment. (See Governor Reagan: His Rise to Power)

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2011: Three Philippines drug mules in China

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Today in China, overseas Filipino workers Ramon Credo, 42, Sally Villanueva, 32, and Elizabeth Batain, 38, were executed by lethal injection in China as drug smugglers — the first two in Xiamen, and the last in Shenzhen.

The three had been arrested in 2008 and convicted in 2009 for carrying heroin — they said unknowingly — into the People’s Republic.

The fate of these three aroused an outpouring of sympathy in their native land, where economics drives up to 10% of the population to work overseas, often at a hazard.

Vice President Jejomar Binay, who personally traveled to China to plead their case, called it “a sad day for all of us.” (Unusually, China actually granted a few weeks’ reprieve from the original February execution dates. This was viewed as a concession, and why not? China has rolled stronger countries in similar cases before without even that courtesy.)

While this case was in the headlines for weeks in the Philippines and around the world, the condemned at the heart of it seem not to have realized their deaths were imminent until relatives flew in from China to meet with them on this very day, just hours before execution.

These seem to be the first known Philippines nationals executed in China for drug trafficking, and if that’s a surprising milestone for the world’s most aggressive executioner to be setting with a regional neighbor noted for its many overseas workers … it bears remembering that it’s only China’s stupendous economic growth in the past generation or so that has made it such an especially attractive migrant worker destination.

This execution date also happens to be the 40th anniversary of another landmark event in Sino-Filipino relations, the hijacking of a Philippines airliner by six students, who diverted it to China. Those illicit airborne arrivals were greeted with considerably more leniency than our present-day drug couriers enjoy.

Seventy-two more Philippines nationals are reportedly under sentence of death in China for drug crimes(or not), and around 120 more for various offenses throughout the world.

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1946: Phillip and William Heincy, father and son

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(Thanks to author Dick Haws for graciously allowing us to reprint this chapter from Iowa and the Death Penalty: A Troubled Relationship, 1834-1965. Check out the book for more on the other 44 men (no women) hanged in the Hawkeye State. -ed.)

Phillip and William Heincy established several firsts when they were hanged on the same scaffold at the Iowa State Penitentiary in Fort Madison. They were the first — and only — father and son team to be executed by the State of Iowa. And Phillip, at 72, was the oldest. But it was the two men’s ignorance, their dim-wittedness, that also must have set some kind of record. Together, they had lived well over 100 years on the planet yet they had remained sublimely ignorant of the world around them. Phillip, or “Dad” to William, testified that he had gone to school off and on through the second grade, that he couldn’t write, couldn’t read, had never placed a long-distance telephone call, didn’t know the significance of Easter nor the number of months in a year, nor the number of days in a week, nor anything special about the Fourth of July, except that “I have to work every Fourth of July.” For his part, William, or “Bill” to “Dad,” testified he was born on Christmas Day 1900 but never knew the significance of that day nor Easter nor the Fourth of July. He said he had attended school for “parts of four years.” Their defense attorney, K. B. Welty, summed up his clients’ plight. “These men came into this world with very limited capacities, never attending Sunday School or church except for a few times, and school was limited, and society in which they traveled was limited and opportunities were limited because their intelligence did not permit them to get into proper society.”?

But that isolation didn’t prevent them from becoming ruthless criminals, and, in the end, murderers. Dad didn’t enter prison until he was 51, which suggests, as their Catholic priest on death row observed, that son Bill “apparently is the dominant personality and the father seems to follow his lead.” The two were Missourians and, in 1924, were arrested for the first time for stealing a Ford touring car and escaping from jail. Dad got seven years in a Missouri prison, Bill, four years. After their release, they headed north in to Iowa, and in 1931, near Iowa Falls, they held up a couple at gunpoint, kidnapped them and stole their car. About two weeks later, they shot it out with Mason City police and were apprehended. They were convicted under the false names they gave — P. H. Smith for Dad, W. H. Baker for Bill — and sentenced to a maximum of 25 years at the Iowa State Penitentiary. Dad was paroled after nine years, Bill got out after about 10 years.

In 1944, they were back together and ready to attack again. On the evening of Dec. 14, 1944, Bill and Dad boarded a train out of Quincy, Ill., bound for Spirit Lake in northern Iowa. During an earlier spring Dad had worked for a short time on a farm near Spirit Lake while Bill had helped out at a nearby resort on West Lake Okoboji, run by Robert and Esther Raebel, a prominent, deeply religious, childless couple who were known for the hours they spent with the children of the Spirit Lake Methodist Church. The Heincys would later claim they had headed to northern Iowa to retrieve a car they had stored there and to make some money hiring out to pick corn. Dickinson County Attorney W. B. Bedell never believed them; he maintained their only reason for coming to Spirit Lake was to steal and murder. Bedell cross-examined Dad, getting him to admit that he didn’t know where the car was, that he and his son carried no luggage with them, no extra clothes, no work gloves, but that they did bring along a gun and a billy club. “You didn’t expect to pick corn with a billy and a gun, did you?” Bedell asked. After arriving in Spirit Lake, Bill said in his confession, they loitered around the railroad depot for a few hours, undecided about what to do next. They went to a tavern and had a beer, then ate a sack of donuts. Then, almost by chance and with apparently little forethought, the two said in their confessions they decided to walk the four and one half miles to the Raebel resort, planning to rob the couple of the large amounts of money they believed they had on hand. Bill and Dad said they watched through a resort window as the Raebels ate supper, washed the dishes, and moved into the living room, where Esther addressed Christmas cards at a card table. When Robert got up to go down the basement to check the furnace, the Heincys struck, breaking into the resort. Bill, who was carrying both the .22-caliber revolver and the billy club, shot Robert just as he was coming back up the stairs. He staggered into the living room and fell on the floor, almost at his wife’s feet. The bullet entered his neck below the right ear and severed his aorta, causing him to bleed to death. From Esther, the Heincys demanded money and the car. She gave them all the money she had — about $28 — and the car keys. Before fleeing, Bill slugged the woman several times over the head with the billy club, knocking her unconscious to the floor. In their confessions, the Heincys said they believed they had killed both the Raebels, but, within about two hours, Mrs. Raebel had recovered enough to call the Okoboji telephone operator, who spread the alarm. Mrs. Raebel was also able to identify her assailants.

“Have you ever seen the men before?” she was asked at the coroner’s inquest.

“Oh, yes, absolutely,” she responded. “I just know it is those men, see, that worked at our place.”

“Both men worked at your place?”

“No, no, just the one. The old man stayed with Jens.”

“Jens Anderson?”

“Yes. He worked on the farm there. That is right.”

“Would you know the man’s name?”

“Well, his name, Heinke, something like that.”?

“Was it Heincy?”

“Yes, that is right. Yes,” she repeated and identified photographs of the two.

The Raebels’ car was found the next day abandoned in downtown Storm Lake. Nineteen days later, the Heincys were arrested without incident in Quincy, Ill. They were returned to Iowa, quickly confessed, pleaded guilty and awaited sentencing from Judge Fred M. Hudson. The Heincys hoped to escape the death penalty by arguing that they intended only to rob the Raebels, not kill them, that Robert’s death was unintentional. But Judge Hudson was unpersuaded. “If robbery was all they intended,” he asked rhetorically at their sentencing hearing, “why did they not stop there? The facts of these cases warrant the finding that these defendants completed their robbery and then in order to make good their escape and avoid detection and identification, purposely inflicted what they thought were fatal injuries upon both the victims of their robbery, and killed one victim and thought they had killed the other. In so doing they thought they had eliminated the only two persons who knew them and who could identify them as the robbers.” The judge said he also tried to determine whether one of the Heincys was more guilty than the other. “The younger man apparently did the shooting and most if not all of the beating,” Judge Hudson said. “However, the older man planned the robbery with him, entered upon the perpetration of it armed and knowing the younger man was armed and in what manner, demanded and received the money of at least part of it, handed the billy to the young man to use. How can it be said under our law that both are not equally guilty and responsible?” Bill and Dad were sentenced to be hanged on March 29, 1946.

The effort to spare the lives of the Heincys focused on Gov. Robert Blue, not the Iowa Supreme Court, because the Heincys’ attorney, K. B. Welty, did not believe his clients had been treated unfairly in the court process. “They (Dickinson County authorities) did a grand job,” he told the governor. The appeal to Gov. Blue didn’t come to a head until March 4, 1946 — only 25 days before the scheduled executions — and it raised arguments about the mental acuity of the Heincys. “Actually,” Welty told the governor, “these men are poor, wretched, depraved souls and, although you may feel there is no value of them to society, I say to your honor, we should not hang them. As you well know, we have institutions all over this country where we keep our mentally defective and crippled people.” Welty suggested that if the Heincy defense had had the money to hire psychiatrists, “possibly and probably a different result could have been obtained.” Welty also blamed society for allowing the Heincys freedom in the first place. “Perhaps they should have been kept in the penitentiary long ago and I presume that society has laxed in not seeing to it.” But the governor bored in on the question of the Heincys’ insanity, asking Welty whether the Dickinson County judge had heard any testimony about it. “No, your honor,” Welty responded. “You didn’t call any local doctors that would have any knowledge of psychiatry?” the governor asked. “No, sir,” Welty responded. “Did you raise that question with the court?” the governor continued. “No, sir,” Welty answered. “Do you feel they know the difference between right and wrong?” the governor asked. “Yes, sir, at times, but I think there are times in their lives that they were so crazed that they lost control of themselves,” Welty responded. “Any feeling on your part that they are insane, or are they uneducated persons who lack self-control?” the governor asked. “In respect to the elder Heincy, I have sensed that he is rather unbalanced,” Welty responded. “I think the younger fellow is not that bad.” The governor didn’t delay in announcing his decision. “Their whole history has disclosed that they were at war with society,” Gov. Blue said. “I can find in statements made to me no reason for granting executive clemency.”

But Welty battled on. Only days before the scheduled execution, he asked for a sanity hearing. Arguing that Dad Heincy had “the mentality of an 8-year-old boy,” Welty said, “we certainly would not hang an 8-year-old boy in this state. I can’t believe that the great State of Iowa, on the eve of its one hundredth birthday, will bloody its hands by taking lives in this manner. The time will come when this state will follow other intelligent states and do away with executions.” Welty was partially successful. The Iowa Board of Control ordered an immediate sanity examination of the Heincys. Two psychiatrists and a psychologist questioned the two men for more than two hours on the Wednesday before they were scheduled to be hanged. Their conclusion? Neither of the Heincys was insane nor feebleminded.

The hangings went off as scheduled. Dad and Bill, on the night before their executions, got baths, shaves and haircuts, and the prison-made suits, hats, shoes and ties. The traps were sprung by Dickinson County Sheriff Joe McQuirk at 6:01 a.m. Bill dropped a split second before Dad. Dad was pronounced dead after 11 minutes, Bill after 12.

NOTES
Sources include Governor’s Correspondence on Criminal Matters, Phillip Heincy file, State Historical Society of Iowa, Des Moines; Governor’s Correspondence on Criminal Matters, William Heincy file, State Historical Society of Iowa, Des Moines; the Spirit Lake Beacon; the Des Moines Tribune; the Des Moines Register.

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