Category Archives: Reprieved Too Late

1999: Eduardo Agbayani, omnishambles execution

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At three in the afternoon this date in 1999, Eduardo Agbayani was put to death by lethal injection in the Philippines.

At that very same moment, President Joseph Estrada — an erratic populist who months ago had presided over the first execution since the Marcos dictatorship — was furiously, unsuccessfully, trying to dial the prison to halt the execution.

Initially intent on the condign punishment of a man who raped his own daughter, Estrada had his mind bent towards mercy by a silver-tongued Catholic bishop. With the lethal drugs imminent, he set about on his mission of grace only to find that the nation’s sovereign placing a life-and-death call runs into the same banal connectivity fails that you and I have trying to ring the motor vehicles department. The Economist described it thus:

According to the bishop, Mr Estrada later said he tried several times to telephone the prison, where the execution procedure had already begun, but he got an engaged or fax tone. Mr Estrada was not in the part of the presidential palace with the telephone linked by direct line to the prison — installed for the very purpose of calling off an execution at the last minute. As the seconds slipped by, an aide was dispatched to call on the direct line.

What happened next is unclear. Witnesses to the execution said that there was knocking on the door of the execution chamber and a voice could be heard, saying, “Hold! Hold!” The aide’s cries, according to an official, were at first thought to be a prank. The president’s spokesman later said that the aide’s call had got through at 12 minutes past three. Mr Agbayani had been pronounced dead a minute earlier.

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546: Croesus

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It was perhaps around the winter outset of 546 BCE that the Lydian king Croesus was captured and executed or spared by the Persians.

Famed for his wealth — he funded the construction of the Temple of Artemis, one of the Seven Wonders* — Croesus was heir to a 600-year-old empire dominating western Anatolia. Herodotus credits the Lydians as the inventors of coinage, a likely basis for the “rich as Croesus” expression.

Would that he had been so rich in wisdom.

In perhaps 547 BCE, Croesus launched a war against the rising power on his eastern border — the Persian Achaemenid Empire, led by Cyrus the Great. In a classic ancient own-goal, Croesus got the thumbs-up for this adventure from the Oracle of Delphi, who told the Lydian envoys that if Croesus fought Persia, he would destroy a great empire.** That empire turned out be his own.

After fighting to a stalemate in the autumn of 547, Croesus retired to his capital of Sardis to winter, believing war would abate with the end of the campaigning season — even dismissing his allies until the spring.

Cyrus surprised him instead, marching aggressively on Sardis and putting it to siege after routing a much larger Lydian army at the Battle of Thymbra.† It wasn’t long before the Persians found an ill-defended entrance into the city’s citadel via a mountain ascent, and fulfilled the Pythian priestess’s prophecy.

We have no certain record of Croesus’s actual fate; the histories for him come from later Greeks, whose accounts are contradictory and even folklorish; J.A.S. Evans suggests in a 1978 scholarly exploration that the Greeks were equally in the dark about the matter but that “Croesus had become a figure of myth, who stood outside the conventional restraints of chronology.”

Herodotus renders his version thus, turning the action on Croesus’s remembrance of a previous encounter with the Greek wise man Solon, who had counseled him that wealth is not happiness:

The Persians gained Sardis and took Croesus prisoner. Croesus had ruled fourteen years and been besieged fourteen days. Fulfilling the oracle, he had destroyed his own great empire.

The Persians took him and brought him to Cyrus, who erected a pyre and mounted Croesus atop it, bound in chains, with twice seven sons of the Lydians beside him. Cyrus may have intended to sacrifice him as a victory-offering to some god, or he may have wished to fulfill a vow, or perhaps he had heard that Croesus was pious and put him atop the pyre to find out if some divinity would deliver him from being burned alive. So Cyrus did this.

As Croesus stood on the pyre, even though he was in such a wretched position it occurred to him that Solon had spoken with god’s help when he had said that no one among the living is fortunate. When this occurred to him, he heaved a deep sigh and groaned aloud after long silence, calling out three times the name “Solon.” Cyrus heard and ordered the interpreters to ask Croesus who he was invoking … He explained that first Solon the Athenian had come and seen all his fortune and spoken as if he despised it. Now everything had turned out for him as Solon had said, speaking no more of him than of every human being, especially those who think themselves fortunate.

While Croesus was relating all this, the pyre had been lit and the edges were on fire. When Cyrus heard from the interpreters what Croesus said, he relented and considered that he, a human being, was burning alive another human being, one his equal in good fortune.

In addition, he feared retribution, reflecting how there is nothing stable in human affairs. He ordered that the blazing fire be extinguished as quickly as possible, and that Croesus and those with him be taken down, but despite their efforts they could not master the fire.

Then the Lydians say that Croesus understood Cyrus’ change of heart, and when he saw everyone trying to extinguish the fire but unable to check it, he invoked Apollo, crying out that if Apollo had ever been given any pleasing gift by him, let him offer help and deliver him from the present evil.

Thus he in tears invoked the god, and suddenly out of a clear and windless sky clouds gathered, a storm broke, and it rained violently, extinguishing the pyre.

Even in this one text, Cyrus both does and does not execute Croesus, a figure whose proportions of historicity and legend are impossible to measure. In different variants of this tragic fall, Croesus puts up his own pyre for desperate self-immolation like the Steward of Gondor …

… or it is or is not successfully extinguished. A post-pyre Croesus then goes on to become a dutiful slave of Cyrus, the relationship of conquered and conquering kings full of aphorism and fable-ready vignettes with no dependable historical warrant.

* For the pedants in the room, the “Seven Wonders” roster was composed later in antiquity, and the Temple of Artemis made the list based on its rebuild version after the one put up by Croesus had been torched by the fame-seeking Herostratus.

** Croesus rated the Delphic oracle’s advice highly. Aesop, the fable guy got himself executed by the Delphians by misbehaving while in the course of delivering a tribute from Croesus.

† Allegedly, the unnerving sight of Cyrus’s camels arrayed for battle panicked the Lydian cavalry into flight.

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1864: James Utz, St. Louis spy

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Confederate agent James Morgan Utz had a blue Christmas indeed in 1864, awaiting his December 26 execution for espionage.

The Missourian had been captured traveling with a small band out of St. Louis disguised in Union uniforms and carrying supplies and ciphered messages for the invading Confederate army of General (and former governor) Sterling Price.

The federals handled Utz as a spy and a military court sentenced him to hang — a sentence that had already been carried out by the time President Lincoln’s grant of executed clemency arrived.

Tuesday morning last I was horrified at the announcement by a friend that Jas. Utz, Paul’s companion and leader in their attempt to go South, had been executed, being hung on Monday, the day after Christmas, in the jail yard.

It plunged me in a stupor or excitement from which my mind was not free for the entire day. The sentence barely issued and the punishment instantly carried out! The hurry, the suddenness was most revolting. No time given for taking leave of family, friends! No time for appealing for mercy or for a reprieve. No time allowed for composing himself for death!

–Diary of a family member of Paul Fusz, one of Utz’s secret party. (Fusz, only 17 when captured, was pardoned after serving six months at hard labor.)

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1865: The Jacksonville Mutineers

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On this date in 1865, six African-American infantrymen were shot in Fernandina, Florida, for the Jacksonville Mutiny.

Formed in 1863, the 3rd Infantry Regiment, United States Colored Troops served in the trenchworks around Fort Wagner — the grinding siege in the summer of 1863 that followed the bloody attempt to storm the fort immortalized in the 1989 film Glory.

The Third was subsequently transferred to Union-occupied Jacksonville, Florida for duty garrisoning a conquered town of the Confederacy whose white citizens chafed doubly at their presence. But the unit had weathered both the boredom of the garrison and the hostility of white Floridians, and was set to muster out and return home on Halloween of 1865.

All U.S. Colored Troop regiments were officered by white men, putting an inevitable racial tinge on the inherent potential tension between enlistees and their commanders — the triggering event in our story. Heading the Third was a fellow named John L. Brower, Lieutenant Colonel by rank courtesy of his political connections but of nearly no actual military experience.

Ohio National Guard Judge Advocate General Kevin Bennett, in his 1992 article about the mutiny,* calls Brower a “martinet”; elevated to command of the Third on September 12 for what should have been a mostly ceremonial interim, Brower delighted in enforcing stringent wartime discipline months after Appomattox. While no man welcomes the taste of the lash when he’s one foot out the door back to civilian life, excess discipline meted out by cruel white overseers was particularly bad form for Colored Troop regiments.

From the standpoint of black Americans, the war had been all about destroying slavery; they had practically had to force this objective, and their own presence,** into the conflict. Being strung up by the thumbs for petty theft — Brower’s decreed punishment for one of his charges on October 29 — was far too evocative of the hated Slave Power.

“Inexperienced officers often assumed that because these men had been slaves before enlistment, they would bear to be treated as such afterwards,” one white Colored Troop commander later remembered. “Experience proved to the contrary. Any punishment resembling that meted out by the overseers caused irreparable damage.”†

The inclination of black troops to reject servile treatment and the anxiety that this provoked among their officers and the larger white community must surely be read in view of the perplexing new conditions following the Civil War.

Even among whites who supported it in principle, slavery abolition meant an unsettling and uncertain rearrangement of civilization — or at least, it potentially meant that. Would the economy continue to function without slavery? Would the daily conventions and assumptions that had sustained whites north and south have to be entirely renegotiated?

“Once let the black man get upon his person the brass letter, U.S., let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on earth that can deny that he has earned the right to citizenship,” Frederick Douglass had proclaimed. Now that the war had finished, what else did those musket-toting sable fellows think they had earned the right to?

Press reports over the course of 1865 show a continuing theme of “Negro mutinies”: it is for wiser studies than this post to determine whether the trend such stories represent is disturbances among the black soldiery, or an exaggerated preoccupation among their white countrymen. In either event, Jacksonville was very far from unique even if the punishments were exemplary.


From the June 16, 1865 Cleveland Plain Dealer, concerning black soldiers on a steamer bound for Texas calling at Fort Monroe who, chagrined at the assignment, refused to permit the steamer’s resuming its journey.


From the June 19, 1865 Philadelphia Inquirer, concerning a company refusing to embark for Texas. “Certain evil disposed persons put it into the heads of these credulous colored soldiers that they were to be sent to Texas as servants for the white troops,” runs the report. “Doubtless some secret enemies of the Government instilled similar subtle falsehoods into the simple minds of the blacks who were disarmed at Fortress Monroe a few days ago.”


From the September 30, 1865 Daily National Intelligencer (Washington, D.C.), concerning a mutiny reported near Hilton, N.C.


From the Oct. 1, 1865 Daily Constitutionalist (Augusta, Ga.), reporting a disturbance begun when a black regiment demonstrated against a court-martial for one of their comrades accused (and acquitted) of stealing a hat.

In the midst of all of this — right about the time of the incident in this post, in fact — bulletins reached American shores of the Morant Bay Rebellion, a bloody rebellion of black laborers in British-controlled Jamaica. Slavery had been abolished on that Caribbean island more than 30 years prior: what did that uprising augur for the races in these United States?


Subtext becomes text: the Norwich (Conn.) Aurora, December 23, 1865. “The African released from restraint, and the passion of the savage provoked, will realize the scenes formerly witnessed in Hayti.” (The full article (pdf))

For our case, the name of the man punished like a slave is lost, but we do know what he did: steal some molasses from the kitchen. That’s how six of his comrades ultimately wound up looking down the barrels of their executioners.

A Lt. Greybill caught the greedy nosher and decreed a rough summary punishment, which the arriving Brower arrived helped to enforce on the resisting prisoner. “Tying up by the thumbs” was a brutal and humiliating treatment that lifted the man by those digits (often dislocated in the process) until only his toes remained on the ground, barely supporting his weight, and left him there for hours. In the film 12 Years a Slave, we see a man subjected to this sort of tiptoeing, but with a rope about the neck instead of about the thumbs.

Other enlisted men gathered around this pitiful scene, complaining about what they saw. A Private Jacob Plowden, who will eventually number among our day’s six executees, cried out that “it was a damn shame for a man to be tied up like that, white soldiers were not tied up that way nor other colored soldiers, only in our regiment.”

Plowden announced that “there was not going to be any more of it, that he would die on the spot but he would be damned if he wasn’t the man to cut him down.” Another private, Jonathan Miller, joined the incitement — “Let’s take him down, we are not going to have any more of tying men up by the thumbs.” A number of the black soldiers, 25 to 35 or so, began advancing on Brower and the hanging molasses-thief. Brower drew his sidearm and fired into them, wounding a man and sending the soldiers scurrying — some dispersing, but other dashing off to tents to arm themselves.

Several non-lethal fights now occurred in various spots around the camp between soldiers and officers, and eventually between the disaffected soldiers and arriving brethren from Company K, who had been summoned to calm the situation.

Lt. Col. Brower exchanged shots with several of the men who armed themselves, and in a bit of symmetry with the distasteful punishment that had started the whole mess, he had his thumb shot off in the process. One of the privates who had been heard complaining of the thumb-hanging, now playing peacemaker, grabbed the injured officer and escorted him to a safe building, warning some men who tried to pursue them to “stop their damn foolishness.”

Elsewhere, a Lt. Fenno sabered a protestor, and got bashed over the head with a fence-post in response. Neither injury was life-threatening to its recipient. Some shots were exchanged elsewhere in camp and/or fired demonstratively into the air, again to no fatal effect. And a Private James Thomas cut down the post where the source of all the disturbance, the fellow who just wanted an extra ration of molasses, was hanging.

This was the whole of the commotion, which Company K reinforcements soon quelled.

In a speedy series of court-martials lasting from Oct. 31 to Nov. 3, thirteen men were convicted of mutiny in this affair, and a fourteenth of conduct prejudicial to good order (his offense: not during the mutiny but after all was over, saying of Brower, “the God-damned son of a bitch, he shot my cousin. Where is he? Let me see him.”) A fifteenth man was acquitted. All 15 accused mounted their own defense, without counsel or aid — generally endeavoring to show that they had either not armed themselves or (and this was the decisive factor for the six whose conviction carried a death sentence) not fired their weapon.

The trial itself posed interesting procedural dilemmas, which Bennett explores at length in his article: first, because it was a mutiny case, the white officers of the Third who comprised the jurors were also, awkwardly, the brother-officers of the witnesses who testified against the mutineers.

And second, although the Civil War was over, Florida still technically remained in a state of rebellion, and this enabled the unit to convene a general court-martial, issue death sentences, and even carry them out without allowing any appeal to Washington. General John Foster gave the final approval to the sentences and transmitted case files to Washington after the fact; that was all the six condemned had by way of legal or executive review.

On December 10, he received a telegraph ordering him to suspend one of the death sentences in response to an inquiry raised by U.S. Senator Edgar Cowan: Cowan had been contacted by one of his constituents, who represented that Private David Craig, whom the constituent had raised from childhood, had written him complaining of his wrongful conviction. According to Sen. Cowan, the allegation was that Craig had been directed to collect arms from the mutineers as the disturbance came to an end, but was thereafter arrested in the confusion for being armed with the weapons he collected. But December 10 was nine days too late, and the late Private Craig’s case file disturbingly seems to have been lost from the National Archives.

The other five shot by musketry this date were:

  • Joseph Green
  • James Allen
  • Jacob Plowden
  • Joseph Nathaniel
  • Thomas Howard

Lt. Col. Brower only testified at one of the courts-martial, and was sent home almost immediately afterwards. He’d lost his thumb for his adventure as an officer and a gentleman, but between the original provocative punishment that he helped enforce, and then inflaming a tense situation by shooting at his soldiers, the brass was probably just as pleased to see him go as were his subordinates.

The non-executed mutineers who received prison terms (up to 15 years) had their sentences commuted following a review in 1866. The rest of the regiment mustered out as scheduled at the end of October, two days after the Jacksonville Mutiny.

* B. Kevin Bennett, “The Jacksonville Mutiny”, Civil War History, Volume 38, Number 1, March 1992. Bennett’s article is the source of all of the quotes in this post not otherwise cited.

** See I Freed Myself, or this podcast interview with its author, David Williams.

† See here for a fascinating instance of this at sea in June 1865, by the author of Becoming American under Fire: Irish Americans, African Americans, and the Politics of Citizenship during the Civil War Era

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1651: Wilhelm Biener, faithful counsellor

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On this date in 1651, Wilhelm Biener, late the chancellor of Tyrol, lost his head to the rancor of Tyrol’s landed aristocracy.

A barrister by training and eventually a judge, Biener or Bienner (English Wikipedia entry | German) transitioned into a court position under Leopold V, Archduke of Austria. Leopold’s death in 1632 left a four-year-old heir, Ferdinand Charles; the boy’s mother, Claudia de’ Medici, leaned increasingly on Biener’s counsel as she ably kept Tyrol in order (and out of the devastating Thirty Years’ War) while little Ferdinand aged towards his majority.

As a commoner, no dynastic entanglements of his own divided his attentions from the state’s own interest, a fact that Claudia de’ Medici recognized in elevating Biener to the chancellorship in 1638, and that the land’s magnates recognized in the strictly levied taxes Biener extracted from their resentful purses.


Detail view (click for full image) of Karl Anrather’s 1891 painting of Wilhelm Biener holding forth against the Tiroler Landtag, from the Ferdinandeum at Innsbruck.

We’ve seen quite often enough in these pages that the danger undertaken by such figures should their enemies ever find power over them mitigates the honors and emoluments they are like to enjoy while in office. One gets a sense of the undercurrent of biding violence from the remark of the Bishop of Brixen, directed to forward the required revenues in a letter less deferential than a senior cleric thought he was due: “The man deserves to lose the fingers that could write such an intemperate effusion!”

For Biener, the volcano opened under him with the death of his patron Claudia de’ Medici on Christmas Day 1648. Her boy Ferdinand Charles was all of 20 years old now, wet behind the ears and enamored of courtly profligacy. Despite his affection for Biener and his long service to his mother, the young prince would vacillate on sparing the consigliere until it was too late.

Biener’s enemies struck with a secret trial accusing him of wetting his own beak on the imposts he had imposed on Tirol; the account below of what followed from a travelogue probably reflects the posthumous myth of Biener more faithfully than it does the real man.

[Biener] was ultimately condemned, in 1651, to lose his head. Biener sent a statement of his case to the Archduke Ferdinand Karl; and the young prince, believing the honesty of his mother’s faithful adviser, immediately ordered a reprieve. The worst enemy and prime accuser of the fallen favourite was Schmaus, President of the Council … and he contrived by detaining the messenger to make him arrive just too late in Rattenberg, then still a strong fortress, where he lay confined, and where the sentence was to be carried out.

Biener had all along steadfastly maintained his innocence; and stepping on to the scaffold, he had again repeated the assertion, adding, “So truly as I am innocent, I summon my accuser before the Judgment-seat above before another year is out.” When the executioner stooped to lift up the head before the people, he found lying by its side three fingers of his right hand, without having had any knowledge that he had struck them off, though he might have done so by the unhappy man having raised his hand in the way of the sword in the last struggle. [more likely they were folded in prayer. -ed.] The people, however, saw in it the fulfilment of the words of the bishop, as well as a ghastly challenge accompanying his dying message to President Schmaus. Nor did they forget to note that the latter died of a terrible malady some months before the close of the year.

Biener’s wife lost her senses when she knew the terrible circumstances of his death; the consolations of her director and of her son, who lived to his ninetieth year in the Franciscan convent at Innsbruck, were alike powerless to calm her. She escaped in the night, and wandered out into the mountains no one knows whither. But the people say she lives on to be a witness of her husband’s innocence, and may be met on lonely ways proclaiming it, but never harming any. Only, when anyone is to die in Büchsenhausen, where her married life passed so pleasantly, the ‘Bienerweible’ will appear and warn them.

Living on in Tyrol folk tradition, Biener took a leap into the Romantic-era national consciousness thanks to writer Hermann Schmid, who popularized Biener’s legend with a 19th century historical novel, The Chancellor of Tyrol; public domain versions can be read online in two volumes (1, 2); a theatrical adaptation by Josef Wenter is still staged to this day. It’s possible that this imprint on the Zeitgeist led a Bohemian writer to christen his fictional executed outlaw “Vilem” in the Czech poem Maj.


Marker honoring Wilhelm Biener in the Austrian Tyrol town of Rattenberg, where Biener was executed on July 17, 1651.

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1865: Antone Richers, Galveston deserter

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On this date in 1865, the Confederate forces defending Galveston, Texas shot Antone Richers for desertion.

With the U.S. Civil War into its mopping-up phase, the Texas port was bracing for the Union to land an irresistible force. Many soldiers inclined less to brace than to bow: with the handwriting on the wall for any fool to see, the grey army suffered an epidemic of judicious desertions.

Antone Richers was one of these. Just, maybe not so judicious.

Richers was retrieved from the drink when the stolen boat he was attempting to ride out to the Union blockade capsized, and the upright Confederate officer who pulled him out wouldn’t take a bribe to keep keep quiet about it.

Condemned “to be shot to death with musketry” for his trouble, Richers died this date in especially pitiable fashion. According to Battle on the Bay: The Civil War Struggle for Galveston, a newspaper report of the execution ran thus:

A sharp rattle of musketry, and the prisoner fell dead, several balls having passed through his breast … The saddest part of the story remains to be told. The friends of [the prisoner] had sent Rev. Father Ansteadt on the day before the execution, by hand car, to Houston, as bearer of documents addressed to General Walker, showing that [Richers] was not of sound mind, and setting forth other reasons why he ought to be respited. The telegraph line between [Galveston] and Houston broke down the evening before the execution, and remained down [until] fifteen minutes after the execution. No intelligence from General Walker could therefore reach [Galveston]. But as soon as the telegraph operated, a dispatch was received from General Walker, dated the night before, containing an order for the respite of Anton [Richers]. It was too late — the man was dead.

It was Galveston’s second and last military execution of the war.


Galveston’s Confederate monument, erected by the Daughters of the Confederacy: “Dignified Resignation”. (cc) image from Patrick Feller.

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1786: Elizabeth Wilson, her reprieve too late

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On this date in 1786, Elizabeth Wilson was hanged in Chester, Pennsylvania for the murder of her infant twins.

“One of the melodramas of the early American republic,” our Elizabeth (sometimes called “Harriot Wilson” in the accounts) was a farmer’s daughter of Chester County who got knocked up by a passing sailor. When this gentleman declined to make an honest woman of her after she had borne the bastards, the kids disappeared — later to be discovered dead in the woods by a hunter.

The fallen woman denied having killed them directly, but “acknowledged having placed the children by the road-side, in order that any person passing that way, and who had humanity enough, might take them up.”

She would eventually, after condemnation, accuse her lover of having slain the children.

Elizabeth’s brother William Wilson vigorously undertook on this basis to secure her a pardon at the hands of the Commonwealth’s executive authority, the Supreme Executive Council — then under the leadership of no less august a character than Benjamin Franklin.

And he found a sympathetic audience. Council Vice-President Charles Biddle* “firmly believed her innocent, for to me it appeared highly improbable that a mother, after suckling her children for six weeks, could murder them … there was a large majority would have been for pardoning her.”

Instead of an outright commutation, it granted a stay of execution for William Wilson to investigate further, which he did to no successful effect.

“But here we must drop a tear!” exclaims the Faithful Narrative of Elizabeth Wilson, a popular pamphlet (pdf) sensationalizing the case. “What heart so hard, as not to melt at human woe!”

For William Wilson’s suit on behalf of his sister had succeeded in earning, on the eve of the Jan. 3 hanging, a second respite on Biddle’s certain anticipation that clemency would be forthcoming. Ill himself, William took the stay of execution from Biddle’s own hands and raced through a fearful storm on the 15-mile ride from Philadelphia to Chester … but

did not arrive until twenty-three minutes after the solemn scene was closed. When he came with the respite in his hand, and saw his sister irrecoverably gone, beheld her motionless, and sunk in death, who can paint the mournful scene?

Let imagination if she can!

Imagination can do quite a lot with this sort of material, and so the tale of Elizabeth Wilson — the intrinsic pathos of the condemned, her widely-suspected innocence, her evangelical-friendly repentance, the cliffhanger conclusion — became widely re-circulated, and undoubtedly embroidered.

Quaker colonial diarist Elizabeth Drinker (who had firsthand experience of official injustice, when suspicious-of-Quakers revolutionaries had banished her husband from Philadelphia) was still seeing these publications over a decade after Wilson’s death.

May 16 [1797]. Unsettled. Wind variable. Read a narrative of Elizabeth Wilson, who was executed at Chester, Jany ’86, charged with the murder of her twin infants. A reprieve arrived 20 minutes after her execution, by her brother from Philadelphia. She persisted to the last in her account of the murder being committed by the father of the children, which was generally believed to be the truth. I recollect having heard the sad tale at the time of the transaction.

The Wilson story actually persisted (and persists) for centuries yet. Her shaken brother, William, withdrew himself from society and lived out his last years in a cave: he entered folklore as the Pennsylvania Hermit, affixed with his tragic sister to all manner of spook stories, like a spectral horseman galloping to Chester, or a ghostly woman rummaging the leaves where the bodies were found. You’ll hear all about the Pennsylvania Hermit when touring his former stomping grounds, now open to the public (for a fee, my friend) as Indian Echo Caverns.

* Biddle was a future U.S. Senator, but he’s probably best known through his son. Born just five days after Elizabeth Wilson’s execution, Nicholas Biddle was a bitterly controversial character as one of antebellum America’s original banksters.

Charles Biddle’s notes on the case veer into the era’s philosophical concern with the timeless problem of making a just response to infanticide.

“Perhaps,” he muses “the punishment of death is too great for an unmarried woman who destroys her child. They are generally led to it from a fear of being exposed … [and] while death is the punishment, a jury will seldom find a verdict against them.”

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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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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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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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