Category Archives: Last Minute Reprieve

1659: The first two Boston Martyrs

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October 27 is International Religious Freedom Day, dating to the execution this date in 1659 of Quakers Marmaduke Stephenson and William Robinson on Boston Commons. They were two of the four Boston Martyrs, Quakers whose necks were stretched in Massachusetts for failing to either keep quiet or stay out of town.

(Fellow Quaker Mary Dyer, perhaps the more famous martyr, was led out to execution with Stephenson and Robinson but reprieved at the last moment. Her time was still some months away.)

As Puritans had fled C-of-E persecution earlier in the 17th century, Quakers migrated to the New World with Cromwell‘s Puritan ascendancy.

And in the Massachusetts Bay Colony, the old dissidence had become the new orthodoxy — as described by the (obviously partisan) Horatio Rogers. (Via)

In June, 1659, William Robinson, a merchant of London, and Marmaduke Stephenson, a countryman of the east pan of Yorkshire, “were moved by the Lord,” in Quaker phrase, to go from Rhode Island to Massachusetts to bear witness against the persecuting spirit existing there; and with them went Nicholas Davis of Plymouth Colony, and Patience Scott of Providence, Rhode Island, a girl of about eleven years of age … During their incarceration Mary Dyer was moved of the Lord to go from Rhode Island to visit the prisoners, and she too was arrested and imprisoned. On September 12, 1659, the Court banished the four adults from Massachusetts upon pain of death

… On October 8, within thirty days of her banishment, Mary Dyer with other Rhode Island Quakers went to Boston, …where she was again arrested and held for the action of the authorities. Five days later William Robinson and Marmaduke Stephenson, who had been travelling about spreading their doctrines through Massachusetts and Rhode Island since their release from prison, also went to Boston to look the bloody laws in the face, in the words of the Quaker chronicler; and they too were arrested and cast into prison. …

The issue was now clearly made between Quaker and Puritan. The Quaker defied the unjust Puritan laws, and dared martyrdom. Dare the Puritan authorities inflict it?

On October 19 the three prisoners were brought before Governor Endicott and the Assistants, and demand having been made of them — Why they came again into that jurisdiction after having been banished from it upon pain of death if they returned? — they severally declared that the cause of their coming was of the Lord and in obedience to him. The next day they were again brought before the magistrates, when the Governor called to the keeper of the prison to pull off their hats, which having been done, he addressed them substantially as follows: “We have made many laws and endeavored in several ways to keep you from among us, but neither whipping nor imprisonment, nor cutting off ears, nor banishment upon pain of death, will keep you from among us. We desire not your death.” Notwithstanding which, he immediately added: “Hearken now to your sentence of death.” … When the Governor ceased speaking, however, Stephenson lifted up his voice in this wise: “Give ear, ye magistrates, and all who are guilty, for this the Lord hath said concerning you, who will perform this promise upon you, that the same day that you put his servants to death shall the day of your visitation pass over your heads, and you shall be cursed forevermore, the Lord of Hosts hath spoken it; therefore in love to you all take warning before it be too late, that so the curse might be removed; for assuredly if you put us to death, you will bring innocent blood upon your own heads, and swift destruction will come upon you.” …

Great influence was brought to bear to prevent the execution of the sentences. Governor Winthrop of Connecticut appeared before the Massachusetts authorities, urging that the condemned be not put to death. He said that he would beg it of them on his bare knees that they would not do it. … Governor Endicott, the Rev. John Wilson, and the whole pack of persecutors, however, seemed to thirst for blood; and it was determined that somebody must die.

The 27th of October, 1659, was fixed for the triple execution and elaborate preparations, for those days, were made for it. Popular excitement ran high, and the people resorted to the prison windows to hold communication with the condemned, so male prisoners were put in irons, and a force was detailed, in words of the order, “to watch with great care the towne, especially the prison.”…

The eventful day having arrived, Captain Oliver and his military guard attended to receive the prisoners. The marshal and the jailer brought them forth, the men from the jail, and Mary Dyer from the House of Correction. They parted from their friends at the prison full of joy, thanking the Lord that he accounted them worthy to suffer for his name and had kept them faithful to the end. The condemned came forth hand in hand, Mary Dyer between the other two, and when the marshal asked, “Whether she was not ashamed to walk hand in hand between two young men,” for her companions were much younger than she, she replied, “It is an hour of the greatest joy I can enjoy in this world. No eye can see, no ear can hear, no tongue can speak, no heart can understand, the sweet incomes and refreshings of the spirit of the Lord which now I enjoy.” The concourse of people was immense, the guard was strong and strict, and when the prisoners sought to speak the drums were caused to be beaten.

The method of execution was extremely simple in those days. A great elm upon Boston Common constituted the gallows. The halter having been adjusted round the prisoner’s neck, he was forced to ascend a ladder affording an approach to the limb to be used for the fatal purpose, to which limb the other end of the halter was attached. Then the ladder was pulled away, and the execution, though rude, was complete.

The prisoners took a tender leave of one another, and William Robinson, who was the first to suffer, said, as he was about to be turned off by the executioner, ‘I suffer for Christ, in whom I lived, and for whom I will die.” Marmaduke Stephenson came next, and, being on the ladder, he said to the people, “Be it known unto all this day, that we suffer not as evil-doers, but for conscience sake.”

Next came Mary Dyer’s turn. Expecting immediate death, she had been forced to wait at the foot of the fatal tree, with a rope about her neck, and witness the violent taking off of her friends. With their lifeless bodies hanging before her, she was made ready to be suspended beside them. Her arms and legs were bound, and her skirts secured about her feet; her face was covered with a handkerchief which the Rev. Mr. Wilson, who had been her pastor when she lived in Boston, had loaned the hangman. And there, made ready for death, with the halter round her neck, she stood upon the fatal ladder in calm serenity, expecting to die….

Just then an order for a reprieve, upon the petition of her son all unknown to her, arrives. The halter is loosed from her neck and she is unbound and told to come down the ladder. She neither answered nor moved. In the words of the Quaker chronicler, “she was waiting on the Lord to know his pleasure in so sudden a change, having given herself up to dye.” The people cried, “Pull her down.” So earnest were they that she tried to prevail upon them to wait a little whilst she might consider and know of the Lord what to do. The people were pulling her and the ladder down together, when they were stopped, and the marshal took her down in his arms, and she was carried back to prison. . .

It was a mere prearranged scheme, for before she set forth from the prison it had been determined that she was not to be executed, as shown by the reprieve itself, which reads as follows: “Whereas Mary Dyer is condemned by the Generall Court to be executed for hir offences, on the petition of William Dier, hir sonne, it is ordered that the sajd Mary Dyer shall have liberty for forty-eight howers after this day to depart out of this jurisdiction, after which time, being found therein, she is forthwith to be executed, and in the meane time that she be kept a close prisoner till hir sonne or some other be ready to carry hir away within the aforesajd tyme; and it is further ordered, that she shall he carrjed to the place of execution, and there to stand upon the gallowes, with a rope about her necke, till the rest be executed, and then to returne to the prison and remajne as aforesaid.“

Mary Dyer once again returned from exile the following year, and was hanged in June 1660.

The hours were numbered, however, for New England Puritans in their most cartoonishly obnoxious form. Upon the restoration of the monarchy in the mother country, an edict forbidding the death penalty for Quakerism closed the doors to the Boston Martyrs club.

An Account of the Sufferings of Marmaduke Stephenson is available free on Google books.

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1622: Not quite Squanto (Tisquantum), Pilgrim befriender

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On this date in 1622, or very close to it, the Patuxet Native American Tisquantum (better known as Squanto) was about to be yielded by Plymouth Colony Governor William Bradford to Wampanoag chief Massasoit for immediate execution … when the unannounced appearance of a strange ship fortuitously saved him.

Squanto is most famous as the Indian godsend who saved the Mayflower Pilgrims at the Plymouth Bay colony from starvation by teaching those pious wayfarers how to live off the land in the New World.

In that capacity, he made possible (and participated in) the “First Thanksgiving” harvest gorger in 1621 that figures as the antecedent of the modern American holiday. Our day’s principal has therefore been portrayed on the stage by generations of schoolchildren from Cape Cod Bay to California.

But this was only the tail end of one of the most remarkable lives in history.


Photo of Tisquantum bust by N. Ayad of Cupids Cove Chatter. Photo was taken courtesy of the Pilgrim Hall Museum, Plymouth, MA, United States.

As a youth, Squanto was kidnapped from his native soil by English explorer George Weymouth, who sold him into slavery in Europe. Squanto wound up in London in some sort of forced-labor capacity, before hitching a ride back to the Americas with Captain John Smith — the Pocahontas guy.

It was thanks to this improbable abduction and return trip that Squanto was available to materialize out of the woods, speaking the Queen’s English on this alien continent, in the nick of time to save the Plymouth immigrants from disaster.**

However, because Squanto was a real person and not a Disney character, he began exploiting his privileged intermediary position for his own advantage.

According to Plymouth Gov. William Bradford’s chronicle Of Plymouth Plantation,

Squanto sought his own ends and played his own game, by putting the Indians in fear and drawing gifts from them to enrich himself, making them believe he could stir up war against whom he would, and make peace for whom he would. Yea, he made them believe they kept the plague buried in the ground, and could send it amongst whom they would, which did much terrify the Indians and made them depend more on him, and seek more to him, than to Massasoit. Which procured him envy and had like to have cost him his life; for after the discovery of his practices, Massasoit sought it both privately and openly, which caused him to stick close to the English, and never durst go from them till he died.

Seeking Squanto’s life both privately and openly, Massasoit sent messengers to the Plymouth colony requesting the Machiavellian diplomat’s return in accordance with the colony’s treaty arrangements with the Wampanoag.

Bradford ducked and dilated, not wanting to give up this valuable asset, but the precarious colony also needed the amity of its Indian neighbors.

Massasoit remained insistent, according to the account of Edward Winslow,

entreating [Bradford] to give way to the death of Tisquantum who had so much abused him … [Massasoit] sent his own knife and [two messengers] therewith to cut off his head and hands and bring them to him

Bradford was on the point of yielding to this demand when a strange boat appeared unannounced — and the guv hit the “pause” button on everything.

he would first know what boat that was ere he would deliver him into their custody (not knowing whether there was a combination of French and Indians). Mad with rage and impatient at delay the messengers departed in great heat.

The delay turned out to be permanent … which for Squanto was only a few more months before he caught ill† and died later in 1622.

The ship that quite unknowingly bought Squanto this extra purchase on life had nothing at all to do with the drama unfolding between Bradford and Massasoit: it was the Sparrow, the advance party of the coming Wessagusset (or Weymouth) colony which would plant itself adjacent to the Plymouth settlers and completely crash and burn.

And the Pilgrims and the Indians lived happily ever after.

* This site asserts May 31 was the date that the Sparrow came ashore at Plymouth. Most sites are slightly less specific, noting only that the ship arrived in very late May.

** Among Squanto’s good deeds for the fledgling colony was tracking down a boy who got lost in the wilderness. The boy was John Billington, the eponymous son of the first man hanged in the Plymouth Colony.

† Some suspect that Squanto’s “illness” wasn’t so accidental, and the frustrated Wampanoag chief simply dispensed with the diplomatic rigmarole and poisoned him off.

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1960: Caryl Chessman

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On this date fifty years ago, death row author and celebrity Caryl Chessman choked to death in San Quentin Prison’s gas chamber while the phone outside rang, too late, with his stay.

During his abnormally protracted* (for the times) 12 years fighting death, Chessman became the poster child for the anti-capital punishment cause and the most recognizable face on death row.

He was condemned as the “Red Light Bandit,” a Los Angeles criminal who would waylay cars in lovers’ lanes with police-like flashing red lights, then rob and, for some female victims, rape them. A career felon, Chessman denied his guilt to his death (he insisted that his signed confession was beaten out of him by the LAPD, which would not exactly have been out of character).

The prickly Chessman — “not generally regarded as a pleasant or socially minded fellow,” he conceded about himself — unwisely represented himself at trial, where the confession plus eyewitness testimony of Bandit victims were enough to convict him.

Not, however, of murder.

Instead, Chessman drew two death sentences under one of the country’s several draconian “Little Lindbergh” anti-kidnapping statutes, on the intriguing jurisprudential theory that the Red Light Bandit’s having dragged a rape victim several feet from her car constituted “kidnapping.”**

This astonishingly expansive reading only became more controversial when California repealed the kidnapping law in question in the 1950s. But the repeal was not retroactive.

That left Chessman to fight his sentence with a terrifyingly iron willpower, fending off eight execution dates in the process. The last of them came in February 1960, an 11th-hour reprieve as had been several others, when a two-month stay was granted ostensibly to protect the traveling President Eisenhower from some act of vengeful local retaliation from one of Chessman’s legions of international supporters.

A cat, I am told, has nine lives. If that is true, I know how a cat feels when, under the most hair-raising conditions, it has been obliged to expend the first eight of those lives in a chamber-of-horrors battle for survival, and the Grim Reaper gets it into his head that it will be great sport to try to bag the ninth. All pussy can do is spit. Homo sapiens can write books.

-Caryl Chessman

So Chessman wrote.

Fiction and nonfiction books, numerous articles — copping to a criminal life but insistently denying his involvement in the crimes that would doom him. For a time, prison officials seized his work and forbade his writing, and Chessman resorted to sacrificing his sleep to write illicitly by night and encode his work in putative “legal documents”. Bandit or not, the man had an indomitable spirit, and it won him worldwide attention and support.

Books by and about Caryl Chessman

And bandit or not, the Grim Reaper had a mind to take that ninth life.

One might have thought that for such a lightning-rod anti-death penalty case, the election of anti-death penalty Gov. Edmund “Pat” Brown in 1958 would spell good news.

But “public opinion mobilized against Chessman,” writes Theodore Hamm in Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948-1974. That mobilization “marked the beginning of a larger popular backlash by the New Right against an essentially technocratic campaign to eliminate capital punishment in California.”

According to Hamm, Pat Brown claimed he would have been “impeached” if he had granted clemency to his uppity prisoner, leaving Chessman and his lefty backers† expediently triangulated by a Democratic governor. It’s a timeless story.

With executive clemency off the table, Chessman’s lawyer Rosalie Ashler was scrambling on the morning of the 10 a.m. execution to interest a judge in an appeal claiming that one Charles Terranova was the actual Red Light Bandit. The judge took his time reading the brief, and by the time his secretary placed a call to the death house (legend says, after once misdialing it), the cyanide pellets had already dropped.

Too late.

Which didn’t mean that Chessman was already dead — not by a long shot.

A reporter described what was transpiring inside the state’s killing chamber while Law and Ma Bell transacted their tardy business outside.

I thought Chessman must be dead but no, there was another agonizing period during which he choked on the gas. And again. And then again. There was a long period, another deep gasp. At the fourth such straining, Chessman’s head lolled in a half circle, coming forward so that he faced downward with his chin almost touching his chest. This must be the end. But the dying went on.

A deep gasp, his head came up for an instant, dropped forward again. After two or three deep breaths, which seemed something like sobs, a trembling set up throughout the body. Along the line of his broad shoulders, down the arms to his fingers, I could see the tremor run.

Then I saw his pale face grow suddenly paler, though I had not thought that it could be after his 12 years in prison. A little saliva came from his lips, spotted the white shirt that a condemned man wears for his last appearance. Even more color drained from his face and the furrows in his head smoothed out a little. And I knew he was dead.

Chessman would persist as a cultural touchstone for the issue of capital punishment for a generation.

Jim Minor, “Death Row” (1960)

Ronnie Hawkins, “The Ballad of Caryl Chessman” (1960)

Merle Haggard, “Sing Me Back Home” (1968)

(Though this tune about watching men taken to the gas chamber doesn’t explicitly reference Caryl Chessman, it was inspired by Haggard’s own prison stint where he met Chessman and experienced a “scared straight” moment.)

Neil Diamond, “Done Too Soon” (1970)

The Hates, “Do the Caryl Chessman” (1980)

In view of Chessman’s onetime celebrity, he’s an oddly forgotten character today: too strange an individual for easy approachability; too ethically indeterminate for convenient demagoguery; not sufficiently emblematic of any larger cause or community that would tend to his memory. His non-murder death sentence and method of execution seem anachronistic, no longer relevant.

Chessman surely was an avatar of the end to capital punishment that unfolded in the 1960s and 1970s, but as it went with his own case, so it went with his legacy: the simultaneous right-wing backlash ultimately rewrote the story. After all, the “liberal” governor too chicken to spare Chessman would go on to lose his office to Ronald Reagan.

Our day’s protagonist might have had a different place in the national consciousness, in stories with the phrase “as late as 1960,” had that interregnum of “abolition” Chessman presaged not turned out to be a false start.

I am not guilty. I am sure a future generation will listen.

-Caryl Chessman

* While 12 years between sentence and execution wouldn’t raise an eyebrow today (especially in California), Chessman at the time was thought to have set a record for the longest stint on death row in U.S. history.

** The legal weirdness didn’t stop with the kidnapping law. The official court reporter in Chessman’s case actually died with his trial transcription still in semi-legible shorthand. It was partially reconstructed (by a relative of prosecuting attorney J. Miller Leavy, who also won the death sentence against Barbara “I Want to Live!” Graham), but portions that could not be read were ballparked by the recollections of … prosecutor Leavy.

Appeals courts, of course, frequently have recourse to the original trial record to make various legal determinations; the evidentiary gap left by this second-hand-abridged-by-the-DA transcript was frequently protested by Chessman’s camp on appeal.

A cache of primary records from the case and its many appeals is lodged at this FBI Freedom of Information Act page.

† They weren’t exclusively leftists. William Buckley and Billy Graham both supported clemency for Chessman. Nor were they all political: the directors of the schlocky cult horror flick The Hypnotic Eye crassly pitched the headline-grabbing condemned con on a hypnotism promotional stunt, and ended up themselves being drawn into the case and believing Chessman was innocent.

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2008: Nine hanged in Iran

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Iran has been dinged for ramping up its execution pace in the wake of its mid-2009 crisis of political authority. (Like this, just yesterday.)

There might well be something to that, but Iran’s “baseline” starting point for any such escalation is already pretty high, and had already been trending up.

It was in that spirit at dawn this day last year that Tehran’s Evin Prison conducted a mass hanging of eight men and one woman, with a tenth potential victim spared at the last moment only due to the absence of his family.

All were executed for homicide, including the woman, one “Tayyabeh”, who insisted that she was tortured into confessing to burying her 8-year-old stepdaughter alive.

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1832: Not Javert, spared by Jean Valjean

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On this, the second day of the abortive 1832 June Rebellion in Paris, police inspector Javert is faux-executed — and mercifully released — by his longtime quarry Jean Valjean in Victor Hugo’s classic Les Miserables.


Javert depicted in an theatrical poster, from the Les Miserables Gallery. The site identifies this as an 1899 poster, which may be mistaken since the actor billed for Javert died in January 1898.

Hugo’s monumental novel is structured by the implacable policeman’s pursuit of Jean Valjean, an absconded ex-con with a heart of gold.

Fate brings them together accidentally at the barricade of the (historical, but now forgotten) student uprising — Javert to spy on the student revolutionaries, who unmask him, and Jean Valjean to keep an eye on his adoptive daughter’s idealistic lover.

Jean Valjean’s timely contribution to the hopelessly outgunned revolutionaries gives him the pull to ask the favor of being the one to execute the spy.* Since Valjean has been hunted relentlessly by the lawman since breaking parole nearly two decades before, the hero has ample motivation to turn executioner.

Instead…

When Jean Valjean was left alone with Javert, he untied the rope which fastened the prisoner across the middle of the body, and the knot of which was under the table. After this he made him a sign to rise.

Javert obeyed with that indefinable smile in which the supremacy of enchained authority is condensed.

Jean Valjean took Javert by the martingale, as one would take a beast of burden by the breast-band, and, dragging the latter after him, emerged from the wine-shop slowly, because Javert, with his impeded limbs, could take only very short steps.

Jean Valjean had the pistol in his hand.

In this manner they crossed the inner trapezium of the barricade. The insurgents, all intent on the attack, which was imminent, had their backs turned to these two.

Marius alone, stationed on one side, at the extreme left of the barricade, saw them pass. This group of victim and executioner was illuminated by the sepulchral light which he bore in his own soul.

Jean Valjean with some difficulty, but without relaxing his hold for a single instant, made Javert, pinioned as he was, scale the little entrenchment in the Mondetour lane.

When they had crossed this barrier, they found themselves alone in the lane. No one saw them.

…

Jean Valjean thrust the pistol under his arm and fixed on Javert a look which it required no words to interpret: “Javert, it is I.”

Javert replied:

“Take your revenge.”

Jean Valjean drew from his pocket a knife, and opened it.

“A clasp-knife!” exclaimed Javert, “you are right. That suits you better.”

Jean Valjean cut the martingale which Javert had about his neck, then he cut the cords on his wrists, then, stooping down, he cut the cord on his feet; and, straightening himself up, he said to him:

“You are free.”

Javert was not easily astonished. Still, master of himself though he was, he could not repress a start. He remained open-mouthed and motionless.

Jean Valjean continued:

“I do not think that I shall escape from this place. But if, by chance, I do, I live, under the name of Fauchelevent, in the Rue de l’Homme Arme, No. 7.”

Javert snarled like a tiger, which made him half open one corner of his mouth, and he muttered between his teeth:

“Have a care.”

“Go,” said Jean Valjean.

Javert began again:

“Thou saidst Fauchelevent, Rue de l’Homme Arme?”

“Number 7.”

Javert repeated in a low voice: — “Number 7.”

He buttoned up his coat once more, resumed the military stiffness between his shoulders, made a half turn, folded his arms and, supporting his chin on one of his hands, he set out in the direction of the Halles. Jean Valjean followed him with his eyes:

A few minutes later, Javert turned round and shouted to Jean Valjean:

“You annoy me. Kill me, rather.”

Javert himself did not notice that he no longer addressed Jean Valjean as “thou.”

“Be off with you,” said Jean Valjean.

Javert retreated slowly. A moment later he turned the corner of the Rue des Precheurs.

When Javert had disappeared, Jean Valjean fired his pistol in the air.

Then he returned to the barricade and said:

“It is done.”

Or, has played in the modern hit musical adaptation:

In saving his own soul, Jean Valjean (conveniently!) manages to kill his pursuer just the same: the cognitive dissonance for such a hard, emotionless man being on the receiving end of this bit of redemptive mercy leads Javert to break character so far as to allow his man to escape. The inspector then commits suicide.

Les Miserables is available free several places online, including Gutenberg.org and The Literature Network.

* While the recent musical production of Les Miserables soft-pedals what was planned for Javert, Hugo leaves no room for doubt: as the students prepare for the fatal onslaught, their leader Enjolras decrees that “[t]he last man to leave this room will smash the skull of this spy.”

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2006: Yuan Baojing, gangster capitalist

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On this date in 2006, one of Beijing’s wealthiest plutocrats (along with two of his relatives) caught a lethal injection for the shady side of his business.

Yuan Baojing, “stock market whizzkid”, had risen from the nameless masses of China’s countryside to prosper in “Red” China’s authoritarian capitalism.

Though worth billions (or at least hundreds of millions), Yuan went down over the trivial sum of $9 million — the amount he reckoned a business associate had taken by fraud.

But then, it’s always impolite to count the corpses stuffed into the pillars of capital. The surprise here is that Yuan got caught: he’d hired a dirty cop to kill that business partner, but after the plot failed the cop started blackmailing the tycoon. Yuan responded by hiring his brother and cousin to pop the cop.

Yuan survived a scheduled execution the preceding October by transferring billions in assets to the Chinese government — understandably triggering some complaints about fair play.

Those billions bought him five months.*

On this date, he and his hirelings were given a public trial in Liaoyang, followed by an immediate lethal injection in one of China’s mobile execution vans.

* The mogul’s wife, Tibetan dancer Zhou Ma, was herself swindled during this period as she spread around cash trying to save her husband’s life.

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1957: Burton Abbott, reprieved too late

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On this date in 1957, the phone outside San Quentin’s gas chamber rang with a governor’s reprieve for Burton Abbott … but the execution was already underway.

Abbott was convicted of abducting and murdering 12-year-old Stephanie Bryan — a notorious crime that poet Sharon Olds, then a San Francisco teenager about the same age as the victim, memorialized in verse.

Then dirt scared me, because of the dirt
he had put on her face. And her training bra
scared me—the newspapers, morning and evening,
kept saying it, training bra,
as if the cups of it had been calling
the breasts up—he buried her in it,
perhaps he had never bothered to take it
off. They found her underpants
in a garbage can. And I feared the word
eczema, like my acne and like
the X in the paper which marked her body,
as if he had killed her for not being flawless.

Strong though ultimately circumstantial evidence connected Abbott to the crime, and the accused coolly maintained his own innocence at trial and thereafter. (The Oakland Museum has an extensive collection of photographic negatives from the trial.)

Abbott convinced his mom, but not many others — see this comment thread, for instance.

His last hours on March 15 were a rush of activity for a defense team that had fought for any possible angle to avert his death. A flurry of communications to Gov. Goodwin Knight delayed the execution once, and then secured a second stay just as the Abbott was being prepared for his fate.

By the time the phone rang, Abbott was already shrouded in cyanide fumes.

Goodwin’s Secretary Joseph Babich: Has the execution started?
Warden Harley O. Teets: Yes, sir, it has.
Babich: Can you stop it?
Teets: No, sir, it’s too late.

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1939: Three Men For Murder, But Not Isidore Zimmerman

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On this date in 1937, Isidore “Beansy” Zimmerman spent the day preparing for death in New York’s electric chair … but was spared by an 11th-hour clemency from New York Governor Herbert Lehman.

Here’s the scene, as laid in the anti-death penalty tome of wrongful convictions In Spite of Innocence:

As dawn broke over Sing Sing Prison, Beansy Zimmerman had every reason to think it would be his last day.

Zimmerman numbly went through the pre-execution rituals. The last meal (choose whatever you want), and music (you get to choose that, too) played on the wind-up phonograph. The barber shaves your scalp so the electrodes can fit snugly against your bare skin. The tailor slits one of your trouser legs for another electrode. Officials treat you with unaccustomed politeness. A final family visit — how do you say good-bye when you know it is forever? What should your last words be? Beansy’s mother stayed away, unable to face such finality.

Two hours before execution, Gov. Lehman commuted his sentence.

In this blog, we lay aside each story day by day, but for those affected, it’s rarely so easy — which is why the mothers of the five men condemned today put in their personal clemency appeals to the governor.

For Zimmerman and a fellow “accomplice” named Philip Chaleff whose respective roles in a robbery/murder were doubted, it had the desired effect. (Dominick Guariglia, Arthur Friedman and Joseph O’Loughlin weren’t so lucky.)

Chaleff, a diabetic being kept alive just for execution, soon succumbed. For Zimmerman, the execution that did not happen was to define the rest of his 66 years. He was alive, but to what end?

“I wasn’t dead, no,” he remembered. “But every day from now on they’d bury me a little more.”

Zimmerman fought, by becoming a skilled jailhouse lawyer and in 1962 finally winning exoneration from the New York Supreme Court, which held that the testimony against him had been perjured with the connivance of the prosecutor.

He’d spent nearly a quarter-century in prison. Now, he was just another ex-con scrabbling after dead-end employment.

For years thereafter, Zimmerman fought for a special bill that would allow him to sue the Empire State for wrongful imprisonment, finally winning approval in 1981.

His suit asked for $10 million. The judge reckoned Zimmerman’s time and trouble were worth a tenth of that.

Expenses deducted, Zimmerman walked away with $660,000 — that, and sweet vindication.

Fourteen weeks later, he dropped dead of a heart attack.

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1879: James McDonnell and Charles Sharpe

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On this date in 1879, two Molly Maguires hanged in Mauch Chunk, Pa., while their reprieve waited for them just outside the door.

John Kehoe may have been the symbolic last chapter in the Mollies‘ suppression, but Pennsylvania didn’t intend to forego its mopping-up operation.

James McDonnell and Charles Sharpe (or Charles Sharp) had been convicted of murdering George Smith in 1863; like other Molly Maguire crimes, this one either (take your pick) languished for 13 years until the criminal enterprise that authored it was toppled, or was plucked from obscurity as a pretext on which to condemn the men on rather doubtful evidence.

It was on the strength of “snitch” testimony from admitted murderers that McDonnell and Sharpe were sentenced to die — McDonnell, a hirsute Irishman straight from barbarian central casting, even tried turning informer himself to save his own life, just as his accusers had done. (He continued to deny responsibility for the Smith murder, including on the gallows in his last statement.)

But as Maguire cases go, these were small fry … and it’s the sad circumstances of their end and the evocative description of the scene under the gallows that attracts our attention today.

An execution which it was thought would be one of the quietest hangings that ever took place in Mauch Chunk has proved the most exciting. A reprieve from Gov. Hartranft arrived here one-half minute after the drop fell — just 30 seconds too late to save the lives of the condemned men.

…

A scene of great excitement took place in the jail; but, although the condemned men had been hanging only a few minutes, there was no movement made toward cutting them down. The telegraph messenger reached the jail door before the drop fell; but no attention was paid to his knocking and ringing, the wife of one of the men having previously been extremely violent outside. When the drop fell the knocking and ringing continued, and the Sheriff sent out a man to arrest the persons whom he imagined to be creating a disturbance. It was then found to be the telegraph messenger with a reprieve. A brother of McDonnell, who had been kneeling by the scaffold, arose and excitedly charged the Sheriff and the bystanders with the murder of his brother. The excitement spread, and the Sheriff appealed to one of the priests, who exonerated him from blame. Amid this excitement and the reproaches of the maddened brother of McDonnell and the wailings of the bereaved families outside, the hanged men were forgotten, and their bodies remained suspended for 30 minutes after the drop fell. There is no reasonable doubt, however, that both were dead when the reprieve came.

It should be noted that the reprieve was not an outright commutation, only a stay of the sentence for a few more days. Nevertheless, the melodramatic affair led the Times to wax lyrical.

“The evil of this whole case,” it began, clearly not speaking from the point of view of McDonnell and Sharpe, “is that the gallows in Pennsylvania is invested with great uncertainty.”

[F]rom this time out the condemned man at the foot of the gallows may not only hope that a reprieve may arrive for him at any moment, but he may take off his thoughts from the certain doom before him and be agonized with the reflection that the boon which he waits for may come when his life has gone past recall. If a stay of proceedings is to be granted at all, it should be granted while the condemned man’s life may be said to keep the case open. It is a refinement of cruelty to keep hope alive and quivering at the foot of the gallows.

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2007: Not Earl Wesley Berry … for the time being

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Minutes before he was to die this day last year, the lethal injection of Mississippi murderer Earl Wesley Berry was stayed by the Supreme Court — the signal that it had imposed a de facto moratorium on executions while it considered the constitutionality of lethal injection.

Condemned to die for kidnapping and beating to death Mary Bounds in 1987, Berry was your basic unappealing death row case with no particular issue either substantive or technical likely to help him out in the courts.

Luckily for Berry, the fundamental issue of whether whether the lethal injection regime used in Mississippi and in most of the United States was cruel and unusual punishment had reached the high court at just time time.

Also luckily, the phone lines were open: Berry got his reprieve with about 15 or 20 minutes to spare.

Berry’s stay finally clarified a few weeks of uncertainty that prevailed after the Court took last year’s lethal injection challenge, Baze v. Rees.

Could executions still go forward while lethal injection was under review? Would the holdup be limited to Kentucky, where the appeal originated? Was there any manner of case-by-case flexibility?

Berry was the bellwether. The execution-friendly Fifth Circuit Court let Berry’s scheduled date go ahead, making the hapless killer “the last best chance for prosecutors to restart executions this year [2007].”

But Earl Wesley Berry’s luck was only about seven months long: he was executed on May 21, 2008, the second prisoner put to death after the moratorium expired upon the Court’s rejection of Baze.

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