Inter-American Court of Human Rights
Case of Aloeboetoe et al. v. Suriname
Judgment of September 10, 1993
…
1. The instant case was brought to the Inter-American Court of Human Rights (hereinafter “the Court”) by the Commission on August 27, 1990 … the Commission asserted that “the Government of Suriname violated Articles 1, 2, 4(1), 5(1), 5(2), 7(1), 7(2), 7(3), 25(1) and 25(2) of the American Convention on Human Rights” …
2. … The events that gave rise to the petition apparently occurred on December 31, 1987, in Atjoni (village of Pokigron, District of Sipaliwini) and in Tjongalangapassi, District of Brokopondo. In Atjoni, more than 20 male, unarmed Bushnegroes (Maroons) had been attacked, abused and beaten with riflebutts by a group of soldiers. A number of them had been wounded with bayonets and knives and were detained on suspicion of belonging to the Jungle Commando, a subversive group. Some 50 persons witnessed these occurrences.
3. According to the petition, the Maroons all denied that they were members of the Jungle Commando. The Captain of the village of Gujaba made a point of informing the commander in charge of the soldiers that the persons in question were civilians from various different villages. The commander disregarded this information.
4. The petition asserts that the soldiers allowed some of the Maroons to continue on their way, but that seven of them, including a 15-year old boy, were dragged, blindfolded, into a military vehicle and taken through Tjongalangapassi in the direction of Paramaribo. The names of the persons taken by the soldiers, their place and date of birth, insofar as is known, are as follows: Daison Aloeboetoe, of Gujaba, born June 7, 1960; Dedemanu Aloeboetoe, of Gujaba; Mikuwendje Aloeboetoe, of Gujaba, born February 4, 1973; John Amoida, of Asindonhopo (resident of Gujaba); Richenel Voola, alias Aside or Ameikanbuka, of Grantatai (found alive); Martin Indisie Banai, of Gujaba, born June 3, 1955; and, Beri Tiopo, of Gujaba (cf. infra, paras. 65 and 66).
5. The petition goes on to state that the vehicle stopped when it came to Kilometer 30. The soldiers ordered the victims to get out or forcibly dragged them out of the vehicle. They were given a spade and ordered to start digging. Aside [Richenel Voola] was injured while trying to escape, but was not followed. The other six Maroons were killed.
6. The petition states that on Saturday, January 2, 1988, a number of men from Gujaba and Grantatai set out for Paramaribo to seek information on the seven victims from the authorities. They called on the Coordinator of the Interior at Volksmobilisatie and on the Military Police at Fort Zeeland, where they tried to see the Head of S-2. Without obtaining any information regarding the whereabouts of the victims, they returned to Tjongalangapassi on Monday, January 4. At Kilometer 30 they came across Aside, who was seriously wounded and in critical condition, and the bodies of the other victims. Aside, who had a bullet in his right thigh, pointed out that he was the sole survivor of the massacre, the victims of which had already been partially devoured by vultures. Aside’s wound was infested with maggots and his right shoulder blade bore an X-shaped cut. The group returned to Paramaribo with the information. After 24 hours of negotiations with the authorities, the representative of the International Red Cross obtained permission to evacuate Mr. Aside. He was admitted to the Academic Hospital of Paramaribo on January 6, 1988, but died despite the care provided. The Military Police prevented his relatives from visiting him in the hospital. It was not until January 6, that the next of kin of the other victims were granted permission to bury them.
On this date in 1835, John Smith and James Pratt (sometimes reported as John Pratt) were hanged outside Newgate Prison for (in the exhausting fulminations of the Old Bailey trial records) “feloniously, wickedly, diabolically, and against the order of nature, carnally … commit[ted] and perpetrate[d] the detestable, horrid, and abominable crime (among Christians not to be named) called buggery.”
These men were the last put to death anywhere in the realm under the ghastly Tudor-era Buggery Act,* and indeed among the last to die at Newgate for any crime other than murder or attempted murder.
“The grave will soon close over me,” Smith allegedly wrote to a friend before his hanging, “and my name [be] entirely forgotten.”
But that’s not altogether true.
Unbeknownst to the sufferers, they were destined for literary preservation by a young writer on the make, one Charles Dickens: Smith and Pratt make an appearance in Dickens’ Sketches by Boz, an 1836 compilation of London scenes of which “A Visit to Newgate” is perhaps the best-known.
This piece narrates a visit Dickens paid, according to William Carlton’s “The Third Man at Newgate” (The Review of English Studies, Nov., 1957), on November 5, 1835. Dickens would write in subsequent correspondence that the experience left him “intensely interested in everything I saw.”
Prisons and the threat or reality of execution would loom large in that redoubtable author’s canon. “You cannot throw the interest over a year’s imprisonment, however severe, that you can cast around the punishment of death,” the perspicacious 23-year-old told his publisher.
So too did the still-living apparitions of the condemned Smith and Pratt occupy Dickens’s reflections in “A Visit to Newgate”; they comprise a good third of the essay.
In the press-room below, were three men, the nature of whose offence rendered it necessary to separate them, even from their companions in guilt. It is a long, sombre room, with two windows sunk into the stone wall, and here the wretched men are pinioned on the morning of their execution, before moving towards the scaffold. The fate of one of these prisoners was uncertain; some mitigatory circumstances having come to light since his trial, which had been humanely represented in the proper quarter. The other two had nothing to expect from the mercy of the crown; their doom was sealed; no plea could be urged in extenuation of their crime, and they well knew that for them there was no hope in this world. ‘The two short ones,’ the turnkey whispered, ‘were dead men.’
Smith and Pratt, of course, were the “dead men.”
Their third companion, otherwise unconnected with them, was a soldier named Robert Swan, convicted of robbery. Swan was indeed reprieved, a few days before the execution. “Boz” sketched the aspect of these men as he observed them:
The man to whom we have alluded as entertaining some hopes of escape, was lounging, at the greatest distance he could place between himself and his companions, in the window nearest to the door. He was probably aware of our approach, and had assumed an air of courageous indifference; his face was purposely averted towards the window, and he stirred not an inch while we were present. The other two men were at the upper end of the room. One of them, who was imperfectly seen in the dim light, had his back towards us, and was stooping over the fire, with his right arm on the mantel-piece, and his head sunk upon it. The other was leaning on the sill of the farthest window. The light fell full upon him, and communicated to his pale, haggard face, and disordered hair, an appearance which, at that distance, was ghastly. His cheek rested upon his hand; and, with his face a little raised, and his eyes wildly staring before him, he seemed to be unconsciously intent on counting the chinks in the opposite wall. We passed this room again afterwards. The first man was pacing up and down the court with a firm military step – he had been a soldier in the foot-guards – and a cloth cap jauntily thrown on one side of his head. He bowed respectfully to our conductor, and the salute was returned. The other two still remained in the positions we have described, and were as motionless as statues.
If we have Dickens to thank in part for this unexpected glimpse of these poor fellows in the shadow of death, we also can hardly help but notice that — and this is in keeping with Smith’s forecast of posthumous anonymity — he does not name them, nor breathe a word about their scandalous crime. Only the man destined for the reprieve has animation; Smith and Pratt, immobile and affectless, are … but are little else besides. “Dead men,” like that turnkey said. This is not necessarily implausible, but it is also very pat for the literary construction of “A Visit to Newgate,” and we might be entitled to wonder how close to journalistic accuracy the writer has really come here, or regret the details Dickens has discarded that might have salvaged their humanity for a later readership.
Dickens’ party proceeded from these characters to a tour of the physical cells in which these doomed “statues” passed their last sleepless nights.
A few paces up the yard, and forming a continuation of the building, in which are the two rooms we have just quitted, lie the condemned cells. The entrance is by a narrow and obscure stair-case leading to a dark passage, in which a charcoal stove casts a lurid tint over the objects in its immediate vicinity, and diffuses something like warmth around. From the left-hand side of this passage, the massive door of every cell on the story opens; and from it alone can they be approached. There are three of these passages, and three of these ranges of cells, one above the other; but in size, furniture and appearance, they are all precisely alike. Prior to the recorder’s report being made, all the prisoners under sentence of death are removed from the day-room at five o’clock in the afternoon, and locked up in these cells, where they are allowed a candle until ten o’clock; and here they remain until seven next morning. When the warrant for a prisoner’s execution arrives, he is removed to the cells and confined in one of them until he leaves it for the scaffold. He is at liberty to walk in the yard; but, both in his walks and in his cell, he is constantly attended by a turnkey who never leaves him on any pretence.
We entered the first cell. It was a stone dungeon, eight feet long by six wide, with a bench at the upper end, under which were a common rug, a bible, and prayer-book. An iron candlestick was fixed into the wall at the side; and a small high window in the back admitted as much air and light as could struggle in between a double row of heavy, crossed iron bars. It contained no other furniture of any description.
A year after Sketches‘ February 1836 publication, Dickens’ serialized novel of the London underclass Oliver Twist began its run. That story’s heart-wrenching denouement of the thief Fagin awaiting execution in Newgate seems to owe a debt to Dickens’ meditation in Sketches on the dolorous condition of Smith, Pratt, or any doomed prisoner facing death in these awful cells.
“A Visit to Newgate” concludes:
Conceive the situation of a man, spending his last night on earth in this cell. Buoyed up with some vague and undefined hope of reprieve, he knew not why – indulging in some wild and visionary idea of escaping, he knew not how – hour after hour of the three preceding days allowed him for preparation, has fled with a speed which no man living would deem possible, for none but this dying man can know. He has wearied his friends with entreaties, exhausted the attendants with importunities, neglected in his feverish restlessness the timely warnings of his spiritual Fagin in Newgate – Cruikshank consoler; and, now that the illusion is at last dispelled, now that eternity is before him and guilt behind, now that his fears of death amount almost to madness, and an overwhelming sense of his helpless, hopeless state rushes upon him, he is lost and stupefied, and has neither thoughts to turn to, nor power to call upon, the Almighty Being, from whom alone he can seek mercy and forgiveness, and before whom his repentance can alone avail.
Hours have glided by, and still he sits upon the same stone bench with folded arms, heedless alike of the fast decreasing time before him, and the urgent entreaties of the good man at his side. The feeble light is wasting gradually, and the deathlike stillness of the street without, broken only by the rumbling of some passing vehicle which echoes mournfully through the empty yards, warns him that the night is waning fast away. The deep bell of St. Paul’s strikes – one! He heard it; it has roused him. Seven hours left! He paces the narrow limits of his cell with rapid strides, cold drops of terror starting on his forehead, and every muscle of his frame quivering with agony. Seven hours! He suffers himself to be led to his seat, mechanically takes the bible which is placed in his hand, and tries to read and listen. No: his thoughts will wander. The book is torn and soiled by use – and like the book he read his lessons in, at school, just forty years ago! He has never bestowed a thought upon it, perhaps, since he left it as a child: and yet the place, the time, the room – nay, the very boys he played with, crowd as vividly before him as if they were scenes of yesterday; and some forgotten phrase, some childish word, rings in his ears like the echo of one uttered but a minute since. The voice of the clergyman recalls him to himself. He is reading from the sacred book its solemn promises of pardon for repentance, and its awful denunciation of obdurate men. He falls upon his knees and clasps his hands to pray. Hush! what sound was that? He starts upon his feet. It cannot be two yet. Hark! Two quarters have struck; – the third – the fourth. It is! Six hours left. Tell him not of repentance! Six hours’ repentance for eight times six years of guilt and sin! He buries his face in his hands, and throws himself on the bench.
Worn with watching and excitement, he sleeps, and the same unsettled state of mind pursues him in his dreams. An insupportable load is taken from his breast; he is walking with his wife in a pleasant field, with the bright sky above them, and a fresh and boundless prospect on every side – how different from the stone walls of Newgate! She is looking – not as she did when he saw her for the last time in that dreadful place, but as she used when he loved her – long, long ago, before misery and ill-treatment had altered her looks, and vice had changed his nature, and she is leaning upon his arm, and looking up into his face with tenderness and affection – and he does NOT strike her now, nor rudely shake her from him. And oh! how glad he is to tell her all he had forgotten in that last hurried interview, and to fall on his knees before her and fervently beseech her pardon for all the unkindness and cruelty that wasted her form and broke her heart! The scene suddenly changes. He is on his trial again: there are the judge and jury, and prosecutors, and witnesses, just as they were before. How full the court is – what a sea of heads – with a gallows, too, and a scaffold – and how all those people stare at HIM! Verdict, ‘Guilty.’ No matter; he will escape.
The night is dark and cold, the gates have been left open, and in an instant he is in the street, flying from the scene of his imprisonment like the wind. The streets are cleared, the open fields are gained and the broad, wide country lies before him. Onward he dashes in the midst of darkness, over hedge and ditch, through mud and pool, bounding from spot to spot with a speed and lightness, astonishing even to himself. At length he pauses; he must be safe from pursuit now; he will stretch himself on that bank and sleep till sunrise.
A period of unconsciousness succeeds. He wakes, cold and wretched. The dull, gray light of morning is stealing into the cell, and falls upon the form of the attendant turnkey. Confused by his dreams, he starts from his uneasy bed in momentary uncertainty. It is but momentary. Every object in the narrow cell is too frightfully real to admit of doubt or mistake. He is the condemned felon again, guilty and despairing; and in two hours more will be dead.
Lotta books about Dickens
A magistrate with the Dickensian name of Hesney Wedg(e)wood appealed vigorously for clemency for Smith and Pratt — pointing out that the only reason these two had been doomed among the rather many enthusiasts** for this victimless offense was that they were penurious enough to have to pursue their desires in a lodging-house rented by a friend where they were easily spied-upon.
(The testimony lodged against them in court came from the nosy landlord who got suspicious, and with his wife peeped through the keyhole on “Pratt laying on his back with his trowsers below his knees, and with his body curled up—his knees were up—Smith was upon him—Pratt’s knees were nearly up to Smith’s shoulders—Smith’s clothes were below his knees … and a great deal of fondness and kissing.” The landlord burst in on the sodomites and put a stop to the fondness right away.)
“There is a shocking inequality in this law in its operation upon the rich and the poor,” wrote Wedgwood.
It is the only crime where there is no injury done to any individual and in consequence it requires a very small expense to commit it in so private a manner and to take such precautions as shall render conviction impossible. It is also the only capital crime that is committed by rich men but owing to the circumstances I have mentioned they are never convicted. The detection of these degraded creatures was owing entirely to their poverty, they were unable to pay for privacy, and the room was so poor that what was going on inside was easily visible from without. (Quoted here)
* The first executed under the Buggery Act shared his scaffold with Thomas Cromwell almost 300 years before. Although there were no further executions for sodomy after Smith and Pratt in 1835, that penalty remained theoretically available for the “crime” until 1861.
Aquino, a lifetime politician from one of the archipelago’s powerbroking families, was one of the principal opposition figures against the increasingly autocratic Marcos. His 1968 denunciation of the “garrison state” — Marcos would quadruple the size of the military and infiltrate it widely into civil society — was one of the definitive and lasting brands upon that regime.
So nobody, and certainly not Aquino himself,* was surprised when the outspoken senator was arrested hours after Marcos imposed martial law in September 1972.
Unlike most such political prisoners, Aquino stubbornly refused to cut any deal for amnesty that would confer any hint of submission to Marcos. Their conflict reads, on both sides, as an intensely personal one.
Placed on trial for allegedly arming a guerrilla organization, murdering a political follower, and trying to place the Philippines under (unspecified) foreign domination, Aquino staged a headline-grabbing 40-day hunger strike in 1975 and received extreme unction. The Archbishop of Manila finally talked the wasting Aquino out of letting himself starve to death, but perhaps not out of a certain thirst for martyrdom. (New York Times, Feb. 22, 1977)
“If Marcos believes I’m guilty, I want to be shot tomorrow,” he’s supposed to have exclaimed as he was led away from the tribunal that pronounced his death. (New York Times, Nov. 26, 1977)
That didn’t happen.
While Aquino’s death sentence on this date was expected, it was also generally thought that Marcos — who had allowed only one (non-political) execution during five years of martial law to that point — would spare his foe, as indeed he did. Marcos even released Aquino to travel to the U.S. for treatment after suffering two heart attacks in 1980.
Aquino had those few years to raise his profile and that of the Philippines opposition around the states. Returning to his native country on August 21, 1983, a moment when a then-ailing Marcos seemed weakened enough for a political opening, Aquino was infamously assassinated right on the tarmac as he stepped off the plane.
This event, and the two million-strong funeral march of Aquino’s bullet-riddled body to Manila’s Rizal Park, helped galvanize the country’s opposition. By 1986, popular demonstrations sent Marcos fleeing to exile … and elevated to the presidency Ninoy Aquino’s widow, Corazon.
Marchers with a banner alluding to Ninoy Aquino’s assassination date pass the monument to the slain ex-senator in Makati. (cc) image from littleislanddimp
* According to In Our Image: America’s Empire in the Philippines, Aquino was disappointed at the muted public reaction to his arrest. “I judged Marcos correctly,” he told a friend, “but I misjudged the people.”
No, not that Seven of Nine. We have no further details on offer about these poor souls, but we thought the assortment of crimes — a mother for murdering her bastard child; a highwayman; an overseer for whipping a slave to death — and the editorial rant about the governor‘s abus’d Clemency, made for a colorful slice of life.
This date in 1646, the city of Evora, Portugal, celebrated an auto-da-fe — one of those festivals of Catholic orthodoxy in which penitents were paraded and the most wicked amongst them burnt to death.
They were also fine times for the Inquisitors who prosecuted them, and a burden on the public treasury only made sustainable by the contemporary looting of the New World. We turn for this account of profligacy to The Marrano Factory, a book whose thesis is that the alleged “Judaizers” these displays were meant to showcase were mostly just regular Catholics caught up by the chance factors of torture-adduced accusations or the presence of some remote Jewish ancestor on the family tree.
It’s not hard to see from what follows why the guys running them might have been convinced they were doing God’s work. It’s difficult, after all, to get a man to understand something when his sweetmeats and rabbit feast depend on his not understanding it.
With time and experience, the auto-da-fe publico and its minutely regulated ceremonial grew into a grand and pompous pageant. It was attended by the top brass, often by the king and the royal family and, much as a carnival, it galvanized the whole city into communal bustle …
All defendants appearing at autos-da-fe, public or private, had to wear a sanbenito. At the Evora public auto-da-fe of November 18, 1646, 165 covados (one covado = 0.66 meters) of red and yellow cloth were used, i.e., about 87 meters of cloth for 115 penitents and persons to be executed, costing a total of 62,700 reals at 380 per covado. On the two sides were painted the insignia corresponding to the offenses. In the case of those on death row, painters called in by the Inquisition had — seeing but unseen — to sketch their features and then paint on one side of the sanbenito their portrait, head engulfed by flames.
The day on which a forthcoming auto-da-fe publico was announced in the palace of the Holy Office was a festive one, as we can ascertain from the quantity of compotes and various pastries, procured from neighboring convents and delivered on that day to the secret chambers of the Inquisition. According to the List of Expenses for the Evora auto of November 18, 1646, 64,820 reals were spent on these dainties, hence more than on the 87 meters of cloth for the sanbenitos … and more than triple the cost of feeding a prisoner during an entire year (20,000 reals). It is worth noting that prison fare included meat, in order to test whether the prisoners were observing Jewish dietary laws. This fabulous quantity and variety of foodstuffs was destined exclusively for higher echelons of lawyers and clergy, i.e., three Inquisitors, four deputies, four notaries and a prosecutor, besides the six Jesuit fathers who confessed the six persons sentenced to death …
The feasting did not stop there. Since Friday was a “fast” day on which Catholics abstain from meat, six varieties of fish (sole, mullet, eel, pollock, snapper and sardines) as well as flour and olive oil to cook them in and seasonings for fish-cakes, to the tune of 27,546 reals, were delivered at the Palace of the Inquisition, to be eaten on that day and the left overs [sic] on the Saturday preceding the auto. This fish was distributed to everyone, including the guards who received also rations of bread, meat, wine and fruit, for a total value of 760 reals. The day of the ceremony proper saw the “auto-da-fe supper,” which we are coming to, by and by.
…
When they were done killing, it was time for the “auto-da-fe supper,” served at the estaus. In the Evora account of November 18, 1646 it comprised about 14 kilos of lamb, 20 young chickens and pullets, 12 roasting chickens, 4 ducks, 4 rabbits, 3 turkeys (each one cost more than what was paid to the painter for one portrait of a prisoner condemned to death); one sow “which was divided by the Gentlemen Inquisitors and the notaries” and one large fruit basket, containing Bosc pears, bergamots, chapel apples and rennets. Like the sweatmeats and compotes which had arrived at the palace of the Holy Office a fortnight before the auto, this repast was meant for the higher officials … it is a curious thing that there were as many turkeys as Inquisitors, as many duck and rabbits as deputies and notaries. This evokes both the idea of an alimentary hierarchy and a kind of remuneration in commodities. However that may be, the total expense of these men in food on the occasion of the auto came to about 110,000 reals (not to mention the porcelain and cutlery), or more than half of the total expense of the auto-da-fe.
The count of 12 executed people comes from a footnote in the text attributing a 3,600-real bill to the painter Miguel Fernandes for sanbenitos of hellfire made for the condemned. However, “executed” people “could refer to live people (‘executed in the flesh’) and to dead or otherwise unavailable people (‘executed in effigy’ or ‘executed in statue’) and in the latter case their effigies (‘statues’) were to be decked out and then ‘executed’.” So, call it a total of 12 flesh-and-bones people and effigies, in some combination; if there’s a firm accounting of who was executed (and whether they were alive, dead, or absent at the time) at this particular auto, I have not yet been able to locate it.
Though executioners don’t quite bat 1.000 — who does, at any human endeavor? — the field on the whole succeeds more often than not.
On this date in 1864, the Confederate guerrilla John S. Mosby had seven Union prisoners executed, but he only managed to kill three of them — an efficiency very well below the Mendoza Line for the executioner’s trade.
It was a rare competence gap for the brilliant cavalryman.
The irregulars Mosby commanded in the Shenandoah Valley had frustrated for six months the consolidation of rampant northern armies, thereby preserving the Confederate capital of Richmond and extending the Civil War.
The situation had quick become intolerable for the Union, and Gen. Ulysses Grant emphasized (pdf) to Gen. Phil Sheridan the cruel anti-insurgent tactics he would countenance for “the necessity of clearing out the country so that it would not support Mosby’s gang. So long as the war lasts they must be prevented from raising another crop.”
Incensed, the Confederate “gray ghost” began stockpiling blue bodies from the offending command of George Armstrong Custer — yes, the Little Bighorn guy; he was perceived by Mosby to be responsible for the atrocity, although the actual paper trail on the execution order seems to be a little sketchy.
Mosby, who fancied himself the genteel sort who would closely abide the laws of war when fighting for the right to maintain human chattel, sent a lawlerly appeal up the chain of command seeking permission “to hang an equal number of Custer’s men.” General Robert E. Lee and Confederate Secretary of War James Sedden granted it.
The preparations began innocently enough on a quiet Sunday morning (November 6, 1864) when 27 Union prisoners of war were ushered with no explanation about what was happening out of a brick storehouse located in Rectortown, Virginia …
[They] were then marched to the banks of Goose Creek, about half a mile away. some, but definitely not all, of this specially selected pool of 27 prisoners belonged to Custer’s commands both past and present … [but] of the seven men eventually selected to die on Mosby’s orders only two were actually members of the Michigan Cavalry Brigade.
All 27 of the prisoners were lined up along Goose Creek and then made to draw slips of paper from a hat. Twenty of those slips of paper which were part of the macabre lottery were simply that, blank pieces of paper. The other seven — one for each of Mosby’s men executed at Front Royal and in Rappahanock County — were marked with a number …
Of the men who were forced to draw those slips of paper, some of them simply stared into space. Others, once they understood what was happening, prayed. There were a few of them who simply broke down.
Among the prisoners was a young drummer boy … who broke down completely, sobbing … He drew a blank slip and immediately proclaimed: “Damn it, ain’t I lucky!” When a second drummer boy was found to be unlucky enough to have drawn one of the marked slips of paper, upon the request of the men who had been spared, Mosby personally ordered the boy to be released from the seven condemned prisoners and the 18 remaining prisoners (excluding the first drummer boy) drew from the slips of paper for a second time.
Then one of the seven adults also got himself swapped out of the scrap by flashing a Masonic sign at a Confederate lodge member. The things that stand between life and death.
Out of the nine to come under death’s pall and the seven who were actually marched overnight to the place of execution (as close to Custer’s camp as Mosby dared) only three were there successfully ushered past death’s threshold.
At 4 a.m. on Monday, November 7, 1864 (the day before the election which would give Abraham Lincoln his second term in the White House and would therefore become the signature on the death warrant of the Confederacy), the Rangers and their prisoners reached the execution site in Beemer’s Woods, a mile west of Berryville, and the executions were carried forward. However, everything did not go exactly according to plan.
In the pre-dawn darkness and confusion (either through carelessness or lack of caring for their orders, since none of the prisoners had actually been involved in depredations against Confederate civilians) the Rangers allowed two of the seven prisoners (one of whom, G.H. Soule, 5th Michigan Cavalry Regiment, punched out a guard) to escape outright. Two other prisoners were apparently shot in the head, but surviving, having only been grazed, also escaped since they pretended, and were apparently believed, to be dead. The remaining three prisoners were hanged. The identities and whether or not these three prisoners were members of either Custer or Powell’s commands are unknown. Lt. Thompson, in accordance with his orders attached a placard to one of the hanged men (just as similar placards had been attached to the bodies of all three of Mosby’s hanged men). Mosby’s placard read: “These men have been hung in retaliation for an equal number of Colonel Mosby’s men hung by order of General Custer at Front Royal. Measure for Measure.”
Believing his purpose accomplished, or at any rate close enough for rebel government work, Mosby then wrote to Union General Sheridan justifying the action and assuring him that future “prisoners falling into my hands will be treated with the kindness due to their condition, unless some new act of barbarity shall compel me, reluctantly, to adopt a line of policy repugnant to humanity.”
The letter, and the 3-out-of-7 reprisal, actually worked — with no further measures exacted for measure or tits given for tat. For the waning months of the war the rival forces confined themselves to killing one another on the battlefield, and not in the stockade.
Well, mostly: one of the conspirators in the plot to assassinate Abraham Lincoln in April 1865 — which did assassinate Lincoln, but was really a wider attempt to decapitate the entire northern government — was a former Mosby’s ranger named Lewis Powell aka Payne. Lincoln killer John Wilkes Booth also seemed to flee in Mosby’s direction (Mosby’s units were still in the field, not covered by the April 9 Appomattox surrender.) There exists an unproven but delicious speculative hypothesis that the hand of John Mosby was among those behind an exponentially more ambitious “line of policy repugnant to humanity.”
Be that as it may, Mosby actually became a Republican after the war — for which he received some Southern death threats — and lived fifty eventful years. Among other things, the aged Mosby regaled the young George Patton (whose father Mosby knew) with Civil War stories.
To the memory of the unfortunate
BOSAVERN PEN LEZ
Who finished a Life, generall well reported of,
By a violent and ignominious Death.
He was the Son of a Clergyman,
To whom he was indebted for an Education, which he so wisely improv’d
As to merit the Love and Esteem of all that knew him.
But actuated by Principles, in themselves truly laudable
(When rightly directed, and properly restrain’d)
He was hurried by a Zeal for his countrymen,
And an honest Detestation of Public Stews
(The most certain Bane of Youth, and the Disgrace of Government)
To engage in an Undertaking, which the most Partial cannot defend,
And yet the least Candid must excuse.
For thus indeliberately mixing with Rioters, whom he accidentally met with,
He was condemn’d to die:
And of 400 Persons concerned in the same Attempt, he only suffer’d,
Tho’ neither Principal, nor Contriver.
How well he deserved Life, appears
From his generous Contempt of it, in forbidding a Rescue of himself;
And what Returns he would have made to Royal Clemency,
Had it been extended to him, may fairly be presumed
From his noble Endeavours to prevent the least Affront to that Power,
Which, tho greatly importun’d, refused to save him.
What was denied to his Person, was paid to his Ashes,
By the Inhabitants of St. Clement Danes,
Who order’d him to be interr’d among their Brethren,
Defray’d the Charges of his Funeral,
And thought no Mark of Pity or Respect too much
For this Unhappy Youth,
Whose Death was occasioned by no other Fault
But a too warm Indignation for their Sufferings.
By his sad Example, Reader be admonish’d
Of the many ill Consequences that attend an intemperate Zeal.
Learn hence to respect the Laws — even the most oppressive;
And think thyself happy under that Government
‘That doth truly and indifferently administer Justice,
‘To the Punishment of Wickedness and Vice,
‘And to the Maintenance of God’s True Religion and Virtue.’
On this date in 1749, Bosavern Penlez — surely one of the all-time great names to hang on a gibbet — was put to death to the sorrow of all of England. You know how they say that horse thieves are not hanged for stealing horses, but that horses might not be stolen? Bosavern Penlez was hanged that whorehouses might not be torn down by mobs of angry sailors.
(Fourteen other less remarkable folk were hanged for less remarkable crimes at the same time. Just another mass execution day at Tyburn.)
A petition of over 300 St. Clement Danes residents for sparing the two men condemned in the riots. (From the General Advertiser, Oct. 11, 1749.) John Wilson received the solicited pardon; Bosavern Penlez did not.
On the first three days of July in 1749, the Strand in London saw a running series of riots after a mob of angry sailors descended on a whorehouse where some of their brethren had been robbed and abused. Those sailors pulled down that bordello and then moved on to the nearby bawdy-houses, eventually also ransacking the Star Tavern owned by a character named Peter Wood.
Gendarmes had to be called out to control the situation (and this done without proper legal authorization), but somehow not the mob’s ringleaders nor its inciters nor its most enthusiastic wreckers wound up in legal jeopardy.
Only two faced death: John Wilson, a journeyman shoemaker. And Bosavern Penlez, a young wig-maker who’d been out drinking in the neighborhood. And both of these seemed to have just been caught up accidentally or opportunistically in events.
They were comprehensively damned by the testimony of Peter Wood, the aggrieved procurer of Star Tavern, and his wife — disreputable people of whom a neighbor remarked, “I would not hang a dog or a cat upon their evidence.” But then, besides the eyewitness testimony, Bosavern Penlez was also apprehended with a bundle of linens he had evidently liberated from the Wood’s devastated cathouse, linens whose source he unconvincingly claimed not to remember. So the picture one has is that Wilson was perhaps little more than a passerby … but Penlez was a distinct, if minor, participant who could more or less be shown to have got himself tanked and treated the mayhem like it was a gift certificate to Bed, Bath & Beyond.
Not exactly saintly but also not a cardinal sin. Public sentiment for these fellows’ clemency was intense, starting right with the jury that convicted them but also recommended mercy.
Only Wilson was spared, however.
According to the Newgate Calendar, George II was mightily disposed to pardon both, but justice John Willes, who heard the case personally, vigorously opposed the royal mercy for “no regard would be paid to the laws except one of them was made an example of.”
Penlez, in the end, was the one made example of.
His hanging this date in 1749 would bleed into an election held later that same autumn, almost dealing a serious setback to the sitting Pelham government. Those events are detailed in Malvin Zirker’s introduction to this out-of-print volume.
And the resultant fusillade of pamphlets and public protests asserting a maximalist take on Penlez’s purity induced novelist Henry Fielding to enter the fray with a manifesto of his own strongly supporting the young man’s execution.
Readers of Fielding’s fiction might start at the rigidity of his editorial line.
Penlez’s defenders couldn’t really argue that he was completely innocent. Still, they contested the justice of the death penalty for such a character whose involvement in the whole thing was so tertiary and happenstance, not to mention influenced by drink. Doubly so that it was attested by the word of such a villain as Peter Wood. In the words of one pro-Penlez polemic, Wood would “run at every one, like a mad Dog, … indifferent who it was he hang’d by his Oath.”
Fanny Hill author John Cleland entered the fray on the side of the accused; his The Case of the Unfortunate Bosavern Penlez is aghast at “shedding the Blood of this young Man for the Example-sake … such a Severity being too much for the Nature of the Guilt actually chargeable on him, [and] will serve rather to confound and destroy all Ideas of Right and Wrong.”
Penlez was convicted not as a thief — which charge would have given the jury leave to find that the value of his linens amounted to less than the threshold necessary to hang him — but under the Riot Act which directly mandated death for “unlawfully, riotously, and tumultuously assembled together, to the disturbance of the publick peace.” Wood’s eyewitness testimony to the effect that Penlez (and Wilson, too) smashed up windows and furniture in his house and threatened him was essential to establishing a part in the tumultuous assembly.*
As this level of guilt was popularly doubted, our friend Henry Fielding — himself the very magistrate** who had engineered the suppression of the disturbance, having returned on the third day of it from a weekend away from London — took up his pen post-hanging to support the government’s handling of Penlez from arrest all the way to the scaffold. His A True State of the Case of Bosavern Penlez produces the witness accounts sworn before him as magistrate during the riots themselves, and reproves those Penlez supporters whose anger at his execution made the “malefactor” into “an object of sedition, when he is transformed into a hero, and the most merciful prince who ever sat on any throne is arraigned of blameable severity, if not of downright cruelty, for suffering justice to take place.”
If, after perusing the evidence which I have here produced, there should remain any private compassion in the breast of the reader, far be it from me to endeavour to remove it. I hope I have said enough to prove that this was such a riot as called for some example, and that the man [Penlez] who was made that example deserved his fate. Which, if he did, I think it will follow, that more hath been said and done in his favour than ought to have been; and that the clamour of severity against the government hath been in the highest degree unjustifiable.
* The Ordinary of Newgate reported that Penlez, who long remained cagey on the point, admitted in the end entering the bawdy-house during the riot, but disavowed any attack upon its owner. Wilson, for what it’s worth, always denied having entered the house and insisted Wood had misidentified him.
On this date* in French-occupied Moscow of the War of 1812, many alleged arsonists — unnamed and unnumbered — were shot by Napoleon’s army in the ashes of Moscow.
Although real, flesh-and-blood Muscovites died, they are best known via their bespectacled fictional companion, Pierre Bezukhov, whose miraculous escape is one of the pivotal episodes of Tolstoy’s War and Peace.
Merely the greatest novel in history by some reckonings — we’ll just let Tolstoy fight it out with Dostoyevsky for top of table in the competitive 19th Century Russia literary scene — the epic War and Peace tracks that country’s transformation under the revolutionary pressures of the Napoleonic age.
In Russian director Sergey Bondarchuk’s sprawling cinematic adaptation of War and Peace, the part of Pierre Bezukhov is played by Bondarchuk himself.
Pierre Bezukhov (“without ears”) is one of the book’s central figures, the illegitimate son of a count who unexpectedly inherits, forever consumed with his next impulsive, passionate quest for meaning (boozing around, freemasonry, religion …).
Pierre finds himself present in Moscow when the Grande Armeerolls in following its Pyrrhic victory at the Battle of Borodino. His fancy of the moment is to assassinate Napoleon: “he suddenly felt that what before had seemed to him merely a possibility had now become absolutely necessary and inevitable. He must remain in Moscow, concealing his name, and must meet Napoleon and kill him, and either perish or put an end to the misery of all Europe.” And to think, a younger Pierre actually used to admire Napoleon.
Historically, the city of Moscow started burning as soon as the French occupied it. The reasons for this conflagration have been widely disputed; Tolstoy detours in War and Peace to characterize it as nothing more than the natural consequence of the occupation, when the city’s civil infrastructure has broken down and the everyday fires that spark in wooden buildings are more liable to grow out of control.
The French blamed terrorists.
A bulletin of the Grande Armee dated September 20 (Gregorian date; this corresponds to the Julian date September 8) reports on the successful efforts to bring arsonists to heel through the expedient of mass executions.
Three hundred incendiaries have been arrested and shot; they were provided with fuse six inches long, which they had between two pieces of wood: they had also squibs, which they threw upon the roofs of the houses. The wretch Rastapchin had these prepared, on the pretence that he wished to send a balloon, full of combustible matter, amidst the French army …
The fires subsided on the 19th and 20th; three quarters of the city are burned; among other palaces that beautiful one of Catherine, which had been newly furnished: not above a quarter of the houses remain. …
Manufactures were beginning to flourish at Moscow: they are destroyed. The conflagration of this capital will throw Russia one hundred years back. The weather is becoming rainy: the greatest part of the army is in barracks in Moscow.
In this paranoid occupation, the fictional Pierre, wandering Moscow armed without a good excuse, gets himself picked up by French troops.
The travail of his resulting drumhead trial offers the anti-authoritarian (and anti-death penalty) Tolstoy the opportunity to reflect on the “legal” arrangements, a passage Tolstoy dates September 8 on the Julian calendar — the same day that army bulletin above was penned.
[Pierre] learned that all these prisoners (he, probably, among them) were to be tried for incendiarism. On the third day he was taken with the others to a house where a French general with a white mustache sat with two colonels and other Frenchmen with scarves on their arms. With the precision and definiteness customary in addressing prisoners, and which is supposed to preclude human frailty, Pierre like the others was questioned as to who he was, where he had been, with what object, and so on.
These questions, like questions put at trials generally, left the essence of the matter aside, shut out the possibility of that essence’s being revealed, and were designed only to form a channel through which the judges wished the answers of the accused to flow so as to lead to the desired result, namely a conviction. As soon as Pierre began to say anything that did not fit in with that aim, the channel was removed and the water could flow to waste. Pierre felt, moreover, what the accused always feel at their trial, perplexity as to why these questions were put to him. He had a feeling that it was only out of condescension or a kind of civility that this device of placing a channel was employed. He knew he was in these men’s power, that only by force had they brought him there, that force alone gave them the right to demand answers to their questions, and that the sole object of that assembly was to inculpate him. And so, as they had the power and wish to inculpate him, this expedient of an inquiry and trial seemed unnecessary. It was evident that any answer would lead to conviction.
It’s only by Pierre’s chance ability to forge a human connection with the officer detailed to condemn him that he’s mysteriously, and arbitrarily, not sentenced to death — a fact that Pierre doesn’t even realize until he’s led out with the rest of the prisoners only to see that it’s “only” the others who are being shot. This is the narration at length from Book XII, Chapters 10-11.
On the eighth of September an officer- a very important one judging by the respect the guards showed him- entered the coach house where the prisoners were. This officer, probably someone on the staff, was holding a paper in his hand, and called over all the Russians there, naming Pierre as “the man who does not give his name.” Glancing indolently and indifferently at all the prisoners, he ordered the officer in charge to have them decently dressed and tidied up before taking them to the marshal. An hour later a squad of soldiers arrived and Pierre with thirteen others was led to the Virgin’s Field. It was a fine day, sunny after rain, and the air was unusually pure. The smoke did not hang low as on the day when Pierre had been taken from the guardhouse on the Zubovski rampart, but rose through the pure air in columns. No flames were seen, but columns of smoke rose on all sides, and all Moscow as far as Pierre could see was one vast charred ruin. On all sides there were waste spaces with only stoves and chimney stacks still standing, and here and there the blackened walls of some brick houses. Pierre gazed at the ruins and did not recognize districts he had known well. Here and there he could see churches that had not been burned. The Kremlin, which was not destroyed, gleamed white in the distance with its towers and the belfry of Ivan the Great. The domes of the New Convent of the Virgin glittered brightly and its bells were ringing particularly clearly. These bells reminded Pierre that it was Sunday and the feast of the Nativity of the Virgin. But there seemed to be no one to celebrate this holiday: everywhere were blackened ruins, and the few Russians to be seen were tattered and frightened people who tried to hide when they saw the French.
…
Pierre had been taken by one set of soldiers and led first to one and then to another place with dozens of other men, and it seemed that they might have forgotten him, or confused him with the others. But no: the answers he had given when questioned had come back to him in his designation as “the man who does not give his name,” and under that appellation, which to Pierre seemed terrible, they were now leading him somewhere with unhesitating assurance on their faces that he and all the other prisoners were exactly the ones they wanted and that they were being taken to the proper place. Pierre felt himself to be an insignificant chip fallen among the wheels of a machine whose action he did not understand but which was working well.
He and the other prisoners were taken to the right side of the Virgin’s Field, to a large white house with an immense garden not far from the convent. This was Prince Shcherbatov‘s house, where Pierre had often been in other days, and which, as he learned from the talk of the soldiers, was now occupied by the marshal, the Duke of Eckmuhl (Davout).
They were taken to the entrance and led into the house one by one. Pierre was the sixth to enter. He was conducted through a glass gallery, an anteroom, and a hall, which were familiar to him, into a long low study at the door of which stood an adjutant.
Davout, spectacles on nose, sat bent over a table at the further end of the room. Pierre went close up to him, but Davout, evidently consulting a paper that lay before him, did not look up. Without raising his eyes, he said in a low voice:
“Who are you?”
Pierre was silent because he was incapable of uttering a word. To him Davout was not merely a French general, but a man notorious for his cruelty. Looking at his cold face, as he sat like a stern schoolmaster who was prepared to wait awhile for an answer, Pierre felt that every instant of delay might cost him his life; but he did not know what to say. He did not venture to repeat what he had said at his first examination, yet to disclose his rank and position was dangerous and embarrassing. So he was silent. But before he had decided what to do, Davout raised his head, pushed his spectacles back on his forehead, screwed up his eyes, and looked intently at him.
“I know that man,” he said in a cold, measured tone, evidently calculated to frighten Pierre.
The chill that had been running down Pierre’s back now seized his head as in a vise.
“You cannot know me, General, I have never seen you…”
“He is a Russian spy,” Davout interrupted, addressing another general who was present, but whom Pierre had not noticed.
Davout turned away. With an unexpected reverberation in his voice Pierre rapidly began:
“No, monseigneur,” he said, suddenly remembering that Davout was a duke. “No, monseigneur, you cannot have known me. I am a militia officer and have not quitted Moscow.”
“Your name?” asked Davout.
“Bezukhov.”
“What proof have I that you are not lying?”
“Monseigneur!” exclaimed Pierre, not in an offended but in a pleading voice.
Davout looked up and gazed intently at him. For some seconds they looked at one another, and that look saved Pierre. Apart from conditions of war and law, that look established human relations between the two men. At that moment an immense number of things passed dimly through both their minds, and they realized that they were both children of humanity and were brothers.
At the first glance, when Davout had only raised his head from the papers where human affairs and lives were indicated by numbers, Pierre was merely a circumstance, and Davout could have shot him without burdening his conscience with an evil deed, but now he saw in him a human being. He reflected for a moment.
“How can you show me that you are telling the truth?” said Davout coldly.
Pierre remembered Ramballe, and named him and his regiment and the street where the house was.
“You are not what you say,” returned Davout.
In a trembling, faltering voice Pierre began adducing proofs of the truth of his statements.
But at that moment an adjutant entered and reported something to Davout.
Davout brightened up at the news the adjutant brought, and began buttoning up his uniform. It seemed that he had quite forgotten Pierre.
When the adjutant reminded him of the prisoner, he jerked his head in Pierre’s direction with a frown and ordered him to be led away. But where they were to take him Pierre did not know: back to the coach house or to the place of execution his companions had pointed out to him as they crossed the Virgin’s Field.
He turned his head and saw that the adjutant was putting another question to Davout.
“Yes, of course!” replied Davout, but what this “yes” meant, Pierre did not know.
Pierre could not afterwards remember how he went, whether it was far, or in which direction. His faculties were quite numbed, he was stupefied, and noticing nothing around him went on moving his legs as the others did till they all stopped and he stopped too. The only thought in his mind at that time was: who was it that had really sentenced him to death? Not the men on the commission that had first examined him — not one of them wished to or, evidently, could have done it. It was not Davout, who had looked at him in so human a way. In another moment Davout would have realized that he was doing wrong, but just then the adjutant had come in and interrupted him. The adjutant, also, had evidently had no evil intent though he might have refrained from coming in. Then who was executing him, killing him, depriving him of life — him, Pierre, with all his memories, aspirations, hopes, and thoughts? Who was doing this? And Pierre felt that it was no one.
It was a system — a concurrence of circumstances.
A system of some sort was killing him — Pierre — depriving him of life, of everything, annihilating him.
From Prince Shcherbatov’s house the prisoners were led straight down the Virgin’s Field, to the left of the nunnery, as far as a kitchen garden in which a post had been set up. Beyond that post a fresh pit had been dug in the ground, and near the post and the pit a large crowd stood in a semicircle. The crowd consisted of a few Russians and many of Napoleon’s soldiers who were not on duty- Germans, Italians, and Frenchmen, in a variety of uniforms. To the right and left of the post stood rows of French troops in blue uniforms with red epaulets and high boots and shakos.
The prisoners were placed in a certain order, according to the list (Pierre was sixth), and were led to the post. Several drums suddenly began to beat on both sides of them, and at that sound Pierre felt as if part of his soul had been torn away. He lost the power of thinking or understanding. He could only hear and see. And he had only one wish- that the frightful thing that had to happen should happen quickly. Pierre looked round at his fellow prisoners and scrutinized them.
The two first were convicts with shaven heads. One was tall and thin, the other dark, shaggy, and sinewy, with a flat nose. The third was a domestic serf, about forty-five years old, with grizzled hair and a plump, well-nourished body. The fourth was a peasant, a very handsome man with a broad, light-brown beard and black eyes. The fifth was a factory hand, a thin, sallow-faced lad of eighteen in a loose coat.
Pierre heard the French consulting whether to shoot them separately or two at a time. “In couples,” replied the officer in command in a calm voice. There was a stir in the ranks of the soldiers and it was evident that they were all hurrying — not as men hurry to do something they understand, but as people hurry to finish a necessary but unpleasant and incomprehensible task.
A French official wearing a scarf came up to the right of the row of prisoners and read out the sentence in Russian and in French.
Then two pairs of Frenchmen approached the criminals and at the officer’s command took the two convicts who stood first in the row. The convicts stopped when they reached the post and, while sacks were being brought, looked dumbly around as a wounded beast looks at an approaching huntsman. One crossed himself continually, the other scratched his back and made a movement of the lips resembling a smile. With hurried hands the soldiers blindfolded them, drawing the sacks over their heads, and bound them to the post.
Twelve sharpshooters with muskets stepped out of the ranks with a firm regular tread and halted eight paces from the post. Pierre turned away to avoid seeing what was going to happen. Suddenly a crackling, rolling noise was heard which seemed to him louder than the most terrific thunder, and he looked round. There was some smoke, and the Frenchmen were doing something near the pit, with pale faces and trembling hands. Two more prisoners were led up. In the same way and with similar looks, these two glanced vainly at the onlookers with only a silent appeal for protection in their eyes, evidently unable to understand or believe what was going to happen to them. They could not believe it because they alone knew what their life meant to them, and so they neither understood nor believed that it could be taken from them.
Again Pierre did not wish to look and again turned away; but again the sound as of a frightful explosion struck his ear, and at the same moment he saw smoke, blood, and the pale, scared faces of the Frenchmen who were again doing something by the post, their trembling hands impeding one another. Pierre, breathing heavily, looked around as if asking what it meant. The same question was expressed in all the looks that met his.
On the faces of all the Russians and of the French soldiers and officers without exception, he read the same dismay, horror, and conflict that were in his own heart. “But who, after all, is doing this? They are all suffering as I am. Who then is it? Who?” flashed for an instant through his mind.
“Sharpshooters of the 86th, forward!” shouted someone. The fifth prisoner, the one next to Pierre, was led away- alone. Pierre did not understand that he was saved, that he and the rest had been brought there only to witness the execution. With ever-growing horror, and no sense of joy or relief, he gazed at what was taking place. The fifth man was the factory lad in the loose cloak. The moment they laid hands on him he sprang aside in terror and clutched at Pierre. (Pierre shuddered and shook himself free.) The lad was unable to walk. They dragged him along, holding him up under the arms, and he screamed. When they got him to the post he grew quiet, as if he suddenly understood something. Whether he understood that screaming was useless or whether he thought it incredible that men should kill him, at any rate he took his stand at the post, waiting to be blindfolded like the others, and like a wounded animal looked around him with glittering eyes.
Pierre was no longer able to turn away and close his eyes. His curiosity and agitation, like that of the whole crowd, reached the highest pitch at this fifth murder. Like the others this fifth man seemed calm; he wrapped his loose cloak closer and rubbed one bare foot with the other.
When they began to blindfold him he himself adjusted the knot which hurt the back of his head; then when they propped him against the bloodstained post, he leaned back and, not being comfortable in that position, straightened himself, adjusted his feet, and leaned back again more comfortably. Pierre did not take his eyes from him and did not miss his slightest movement.
Probably a word of command was given and was followed by the reports of eight muskets; but try as he would Pierre could not afterwards remember having heard the slightest sound of the shots. He only saw how the workman suddenly sank down on the cords that held him, how blood showed itself in two places, how the ropes slackened under the weight of the hanging body, and how the workman sat down, his head hanging unnaturally and one leg bent under him. Pierre ran up to the post. No one hindered him. Pale, frightened people were doing something around the workman. The lower jaw of an old Frenchman with a thick mustache trembled as he untied the ropes. The body collapsed. The soldiers dragged it awkwardly from the post and began pushing it into the pit.
They all plainly and certainly knew that they were criminals who must hide the traces of their guilt as quickly as possible.
Pierre glanced into the pit and saw that the factory lad was lying with his knees close up to his head and one shoulder higher than the other. That shoulder rose and fell rhythmically and convulsively, but spadefuls of earth were already being thrown over the whole body. One of the soldiers, evidently suffering, shouted gruffly and angrily at Pierre to go back. But Pierre did not understand him and remained near the post, and no one drove him away.
When the pit had been filled up a command was given. Pierre was taken back to his place, and the rows of troops on both sides of the post made a half turn and went past it at a measured pace. The twenty-four sharpshooters with discharged muskets, standing in the center of the circle, ran back to their places as the companies passed by.
Pierre gazed now with dazed eyes at these sharpshooters who ran in couples out of the circle. All but one rejoined their companies. This one, a young soldier, his face deadly pale, his shako pushed back, and his musket resting on the ground, still stood near the pit at the spot from which he had fired. He swayed like a drunken man, taking some steps forward and back to save himself from falling. An old, noncommissioned officer ran out of the ranks and taking him by the elbow dragged him to his company. The crowd of Russians and Frenchmen began to disperse. They all went away silently and with drooping heads.
“That will teach them to start fires,” said one of the Frenchmen.
Pierre glanced round at the speaker and saw that it was a soldier who was trying to find some relief after what had been done, but was not able to do so. Without finishing what he had begun to say he made a hopeless movement with his arm and went away.
* It’s our practice (although we’re sure it’s been violated here and there) to utilize Gregorian dates universally after the mid-18th century, even for executions in Orthodox Christendom where the Julian calendar prevailed into the 20th century. For this post, seeing as it’s straight from the text of Tolstoy himself, in his magnum opus, channeling the soul of the Russian rodina, we’re making an exception: the 12-day-slower, local-to-Russia Julian calendar prevails … just like the Russians themselves did.
On this date in Sing Sing Prison in New York, Italian-American Anna Antonio was electrocuted for murder.
She’d been convicted of hiring two hit men, Sam Ferraci and Vincent Saetta, to kill her husband Salvatore for his $5,000 in life insurance. The dirty deed was done at Easter in 1933: Salvatore’s body turned up beside a country road, full of holes. He’d been shot five times and stabbed fifteen times.
When Saetta and Ferraci were picked up, they implicated Anna. All three conspirators were convicted and sentenced to death. They spent sixteen months on death row, where Anna was the sole female inmate, attended by three matrons.
As chronicled in Geoffrey Abbott’s book Amazing Stories of Female Executions, Anna had been originally scheduled to die with Ferraci and Saetta at 11:00 p.m. on June 28. The executioner, Robert G. Elliott, arrived, set everything up and waited … and waited … and waited …
No one appeared.
It wasn’t until 1:15 a.m. that he was told to just go home: no one would die tonight.
Just ten minutes before eleven on that night, Saetta had had a talk with the prison warden, unburdened himself and signed an affidavit. He admitted he and Ferraci had killed Salvatore, but he said the motive was a $75 drug debt. He swore Anna had had no part in the crime.
In an earlier conversation with a prison clerk, Saetta had said he and his partner in crime had only said Anna was involved because they thought this would save their own lives: “They’ll never send me to the hot seat. Not while there’s a dame in the case. In New York they don’t like to send a woman to the chair and they can’t send me and not her.”
The governor, Herbert Henry Lehman, thought it prudent to issue a 24-hour stay for all three of the condemned in order to investigate this new evidence. Anna Antonio fainted with relief at hearing the news.
Twenty-four hours later, she was again facing the chair. Again, Executioner Elliott showed up at Sing Sing, and again he was turned away: the stay had been extended by a week.
At the end of the week, a further stay was granted; the state was still mulling over what to do.
Meanwhile, the suspense was, pun intended, killing Mrs. Antonio. Abbott records:
At that stage the state of the condemned women can hardly be imagined; suffice it to say that her wardresses reported their prisoner’s condition alternated between bouts of hysteria and collapsing into a semi-coma. Eventually the decision was issued that all executions would take place on 9 August and all hopes were dashed.
She had weighed 100 pounds on June 28, but in the interim she stopped eating and dropped fifteen pounds in six weeks: she was probably among the smallest people to ever sit in the electric chair.* At one point she cried in anguish, “I have already died enough for a million men!” The Crime Library provides a detailed account of her execution.
On the last day of her life (which, horribly enough, was also her daughter’s birthday), Anna told the prison warden she was innocent. She reminded the warden that her late husband had been a drug dealer and said if she had wanted him dead, she could have just killed him with one of the guns that were lying around the house.
She did, however, admit that prior to the murder, Ferraci and Saetta had told her they intended to kill Salvatore. She said she had chosen not to try to prevent it because she was afraid for herself and her three children. Anna didn’t particularly care much for Salvatore anyway; he was violent and abusive.
Anna spent the day of August 9 playing with her children. She may have been expecting yet another reprieve; when she was told the execution was definitely on this time, she seemed stunned.
When asked about a last meal, she said simply, “I want nothing.”
She walked calmly into the death chamber at 11:12 p.m. and was pronounced dead four minutes later. Ferraci came after her, and Saetta was last.
* Even 14-year-old George Stinney, who was too small for the electrocution mask, weighed in at 90 pounds.
On this date in 1623 one Daniel Frank was condemned to hang for theft in the Jamestown colony. It was the first hanging to take place in that part of the British North American colonies that eventually broke away as the United States.
Frank is actually not the very first entry in Watt Espy’s encyclopedic 15,000-plus catalogue of “American” executions — he’s the second. In 1608, George Kendall had been shot for a mutinous plot, also in Jamestown, Virginia. We don’t have a firm date for that event.
But rigorous calendaring, like lenient penal theories, took a back seat in the tiny and tenuous New World colony. Jamestown was the successor to Walter Raleigh‘s failed Roanoke settlement, which disappeared without a trace — and planted in harsh and distant environs, Jamestown had a couple of brushes with the very same fate.
Jamestowne, surrounded by Indian settlements and illustrated wilderness. Excerpt from 1608 map of John Smith (yes, the Pocahontas guy) found here.
Still, this was a delicate balance: Jamestown didn’t have the resources to countenance potential recidivism, but it also didn’t have the resources to go killing productive colonists — or scaring away potential productive colonists. A draconian 1612 Laws Divine, Moral and Martial evidently never sent anyone to the gallows, but was rolled back all the same in 1619 for fear of disaffecting investors.
Sithence we are not to bee a little carefull, and our young Cattell, & Breeders may be cherished, that by the preservation, and increase of them, the Colony heere may receive in due time assured and great benefite … so profitable succeeding a Commodity, as increase of Cattel, Kine, Hogges, Goates, Poultrie &c. must of necessity bee granted …
wee do strictly charge and command, that no man shall dare to kill, or destroy any Bull, Cow, Calfe, Mare, Horse, Colt, Goate, Swine, Cocke, Henne, Chicken, Dogge, Turkie, or any tame Cattel, or Poultry, of what condition soever; whether his owne, or appertaining to another man, without leave from the Generall, upon paine of death.
-The 1612 legal code, topically.
Daniel Frank — “Daniell Francke” to ye olde time Virginians — drew a hanging sentence for stealing and killing a calf belonging to George Yeardley, a major landowner and the former (and future) colonial governor of the Virginia terrtory. Frank, we can assume, was in a state of agonizing hunger when he undertook this desperate act.
Though Mr. Espy’s register of historical executions is an astounding resource, double-checking the dates is a recommended practice. In this case, I believe he’s used a highly fragmentary original record (pdf) and mistakenly ascribed the legal proceedings to the last previous date heading, March 1, 1622. [This would be March 1, 1623 by current reckoning; see footnote here.] This date has been repeated by any number of sources.*
But the narration very clearly states that “the tryall of Danyell Francke and George Clarke vppon Tewsday the fyfth of August 1623” proceeded on the charge of
felonyously steal[ing] and kill[ing] one Calf ye goodes and Chattles of Sr: George Yardley kn[ight] of the woorth and Pryce of three poundes sterling. And after the saide Daniell Francke had killed the said Calfe, Thow the saide George Clarke as Access[orie] to the saide Felony didst help the saide Daniell Fra[nck] to carry the saide Calfe into thy owne house, a[nd] didst helpe to dress eate and spend the same, contrary to the peace of our Sou’ainge Lorde the Ki[ng] his Crowne and Dignitie.
Both men “Receaved sentenc of Death Accordinge to Lawe. Daniell Francke was executed: George Clarke repriued” — either because Clarke was merely an accessory, or as Martha McCartney plausibly speculates, because the gunsmith Clarke was a lot more valuable to the colony than the indentured laborer Francke.
The latter had to make do with his milestone distinction: The first documented hanging in the future US, and the first known execution under normal criminal law.
* My reading of the date is also corroborated (and Espy’s undermined) by a February, 1623 [i.e., 1624] record of the colony’s deaths “since April last.”
A few paces up the yard, and forming a continuation of the building, in which are the two rooms we have just quitted, lie the condemned cells. The entrance is by a narrow and obscure stair-case leading to a dark passage, in which a charcoal stove casts a lurid tint over the objects in its immediate vicinity, and diffuses something like warmth around. From the left-hand side of this passage, the massive door of every cell on the story opens; and from it alone can they be approached. There are three of these passages, and three of these ranges of cells, one above the other; but in size, furniture and appearance, they are all precisely alike. Prior to the recorder’s report being made, all the prisoners under sentence of death are removed from the day-room at five o’clock in the afternoon, and locked up in these cells, where they are allowed a candle until ten o’clock; and here they remain until seven next morning. When the warrant for a prisoner’s execution arrives, he is removed to the cells and confined in one of them until he leaves it for the scaffold. He is at liberty to walk in the yard; but, both in his walks and in his cell, he is constantly attended by a turnkey who never leaves him on any pretence.
Aquino, a lifetime politician from one of the archipelago’s powerbroking families, was one of the principal opposition figures against the increasingly autocratic Marcos. His 1968 denunciation of the “garrison state” — Marcos would quadruple the size of the military and infiltrate it widely into civil society — was one of the definitive and 
She’d been convicted of hiring two hit men, Sam Ferraci and Vincent Saetta, to kill her husband Salvatore for his $5,000 in life insurance. The dirty deed was done at Easter in 1933: Salvatore’s body turned up beside a country road, full of holes. He’d been shot five times and stabbed fifteen times.
