Category Archives: Notable Jurisprudence

1990: Pastor Hossein Soodmand, apostate

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On this date in 1990, Hossein Soodmand, a Muslim who had converted to Christianity in the 1960’s, was hanged for apostasy under the sentence of a sharia court in Mashad, Iran — the last known apostasy execution in the Islamic Republic.

Soodmand’s post-conversion ministry in the Assembles of God church was not the sort of thing to endanger life and limb under the westward-looking Shah. But after the 1979 Iranian Revolution, there was a new sheriff in town.

Soodmand was not the last convicted or condemned for the crime — and converting to Christianity is still a crime — and his story has been back in the news of late because he may be in danger of losing his generation-long grip on the milestone.

In fact, he could lose the distinction to the next generation of his own flesh and blood.

The hanged pastor’s son, Ramtin Soodmand, was arrested in August, ostensibly for anti-government propaganda. But having followed his father’s evangelical footsteps, there was considerable fear — only slightly abated by his subsequent release on bail — that he could be put on trial for his life.

Amnesty International even put out an action alert for him during his detention, as a prisoner of conscience.

Around the same time, the Iranian legislature voted overwhelmingly for a measure to codify apostasy as a capital crime: confusingly, apostasy isn’t yet among the state’s statutes, but can be referred to sharia courts empowered to levy verdicts out of the Islamic religious tradition. (Besides Christians, Iran’s Baha’i are the other most likely defendants.)

The fact that these courts’ occasional death sentences since Soodmand have not been carried out is itself a telling indicator that the juridical disposition of apostasy cases in Iran is very sensitive to political pressure.

Small comfort to Ramtin’s sister Rashin Soodmand, who lives in London, and gave this moving interview to the Telegraph while her brother was still in a Mashad prison. In it, she describes her father spurning a bargain to abandon his illicit denomination in exchange for his life.

Of course, my father refused to give up his faith … He could not renounce his God. His belief in Christ was his life — it was his deepest conviction.

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1842: Philip Spencer, Samuel Cromwell and Elisha Small, on the ship yardarm

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On this date in 1842, three American sailors were hanged at sea for attempted mutiny.

To meet the circumstances of the only Americans put to death for mutiny, we travel a long way back to a time long before the U.S. Navy was (or could claim to be) this:

Here in the antebellum Atlantic, bereft for weeks of any outside communication, every ship is a world — and sometimes a law — unto itself.

Philip Spencer. From the Chi Psi Fraternity, which Spencer co-founded and which maintains a Philip Spencer Memorial Trust.

Aboard the USS Somers, the law was a disciplinarian captain named Alexander Slidell Mackenzie, who received report that ne’er-do-well brat Philip Spencer — whose dad just happened to be John Tyler’s Secretary of War — was talking mutiny with enlisted sailors chafing under Mackenzie’s liberal use of the flog.

Spencer was a midshipman; the cadets largely untested youth whose purpose in going to sea was to get their feet wet.

Rashomon-like, the viewer can draw dramatically different conclusions from the actions thereupon ensuing. Underneath it all is this: aboard a ship that had no recourse to outside aid or communication, that was its inhabitants’ sole lifeline athwart a vast ocean, and that was held by its officers against the overwhelming numerical superiority of its crew, every misapprehension became magnified and every decision became one of life or death.

The bare facts are that Mackenzie became convinced that the intention was real, and as he held first Spencer, and then two supposed conspirators, Samuel Crowell and Elisha Small, in chains on the deck, his fears hourly grew that the plot was metastasizing and might strike with effect at any moment.

No semblance of due process attended this determination; Mackenzie got the officers he did have to vouchsafe their opinion of the situation in writing:

the evidence which has come to our knowledge is of such a nature, that, after as dispassionate and deliberate a consideration of the case as the exigency of the time would admit, we have come to a cool, decided, and unanimous opinion, that they have been guilty of a full and determined intention to commit a mutiny on board of this vessel of a most atrocious nature, and … we are convinced that it would be impossible to carry them to the United States, and that the safety of the public property, the lives of ourselves, and of those committed to our charge, requires that … they should be put to death.

Spencer, Cromwell and Small were hanged with ten minutes’ notice from the yardarm of the ship, Spencer protesting that the others were innocent.


The USS Somers … with its supposed mutineers hanged from the yardarm, just under the American flag. This and other images of the Somers can be found at a Department of the Navy page.

As one might imagine, there was a bit of an uproar when the vessel finally made port stateside. Oddly (or maybe not so odd) Mackenzie was initially the toast of the town for putting down a mutiny, before that Secretary of War guy and others started picking apart the case.

Though Mackenzie won acquittal at a court martial* — a verdict that could not possibly not have been colored by the competing pressures of Spencer’s influential (and enraged) father on the one hand, and the navy’s institutional need for a whitewash on the other — the cloud of the USS Somers would hover over him for the rest of his life.

And no wonder.

The ominous suggestions of treachery that Mackenzie perceived all around him looked to some others like phantoms; having taken the conviction into his head that a mutiny was afoot, he perceived it everywhere — a doodle of a pirate ship! stealthy glances! men standing about talking! — and panicked. One politician of the day even wrote years later that he believed “the éclat which would follow the hanging of a son of the Secretary of War as a pirate” influenced the captain towards hanging, the opposite of one what might assume.

And even if Spencer really were guilty, Mackenzie had less good cause for suspicion about Small, and practically nothing but his gut on Cromwell. Other sailors Mackenzie considered certainly culpable were returned to dry land, held in chains, and eventually released uncharged because the evidence was so paltry. These three were hanged in part because Mackenzie thought he would have more prisoners than he could control on his small ship.

It’s a debatable premise, and among the point author James Fenimore Cooper later assailed in Mackenzie’s defense.

That these are complaints issued after the fact and from the safety of land does not invalidate them. Mackenzie had command of the ship, and with power to order boys hanged from the yardarm came as much responsibility for steady judgment as for a firm hand. At the same time, others look at the same set of facts and approve Mackenzie’s actions.

Mackenzie may have been a Queeg-like commander, temperamentally ill-suited to his charge of blooding young cadets. And Spencer may have been a dangerously irresponsible character with no business aboard a ship at all. Neither man’s character flaws, however, resolve the inquiry however much they may have contributed to the tragedy.

The Somers incident was the spur towards important reforms in the navy. Three years later, the U.S. Naval Academy opened at Annapolis, Md., institutionalizing cadet instruction away from the haphazard stick-a-boy-on-a-boat routine that was understood to have set the scene for this day’s hangings.

George Bancroft was the father of the professional school at Annapolis, but Alexander Slidell Mackenzie, in association with Philip Spencer, were among the academy’s remoter forebears. (The Captain Called It Mutiny, by Frederic Franklyn Van de Water)

In 1850, flogging was abolished — another issue that permeated the Somers case.**

And Spencer et al may have left a literary legacy as well: this event is often cited as a likely inspiration for Herman Melville’s Billy Budd, through Melville’s cousin Guert Gansevoort, a lieutenant on the Somers and one of the signatories of the officers’ opinion that the prisoners ought to hang.†

Of less literary pretention but more suitable for sending-off as we return young Masters Spencer, Cromwell and Small to the deep: this weirdly wonderful anime mashup to the shanty “Curse of the Somers” falls in the category of “you can find anything on YouTube.”

* The court of inquiry which preceded the court martial produced a report that can be read here.

** Ironically, the USS Somers was returning from a trip to the African coast to deliver dispatches to the USS Vandalia, which in 1838 had become a pioneering vessel in the reduction of corporal punishment under the command of Uriah Levy.

Aptly, the Somers never caught up with the Vandalia to deliver those dispatches.

† Gansevoort retired an admiral; a World War II destroyer was named for him.

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1517: Torben Oxe

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It was November 29, 1517, when the last Roman Catholic king of Denmark, the ambitious and possibly manic-depressive monarch Christian II, enforced the execution of a man whom he trusted for years. Torben Oxe was beheaded at St. Gertrude’s Hospital Cemetery for crimes against the throne.

Oxe was a subsidiary character during the tenure of one of the more intriguing Western European monarchs, and his hasty — and largely unsubstantiated — condemnation was a critical indicator in the governance of King Christian II.

Christian II of Denmark

Christian took the throne during a time of great disquiet in Scandanavia. His father, Hans of Denmark, fought for more than 30 years to restore the union across Norway, Sweden, and Denmark while harshly opposing the Hanseatic League. His efforts bore fruit in 1483 when Norway and Denmark came together to appoint him ruler of those two lands; 14 years later, he conquered Sweden and claimed kingship.

But his dominion over Sweden was short-lived: struggles to regain independent territory in Northern Germany resulted in a resounding defeat, and Sweden gave its new king the pink slip in 1501. Hans was eventually reinstated as an absentee ruler, awarded the title of king in 1509 but not allowed into Stockholm, nor re-crowned. His takeover was exclusively economic.

It was during this time that Christian stepped into his political future.

He took control of Norway as viceroy in 1506, and his rule was less than appreciated by the wealthy. The nobles in Norway maintained a sort of Privy Council called the Rigsraadet, which Christian was unwilling to cede any more power to than he felt was necessary.* Christian was known as a brutal man among the nobles even as he tried to cultivate a connection to the common people.

It was this connection that led to the downfall of Oxe. During his time in Norway, Viceroy Christian took a mistress named Dyveke Sigbritsdatter, a Norweigan peasant of Dutch descent.

At the death of Christian’s father early in 1513, the viceroy became King of Denmark and Norway and immediately set to bringing Sweden under heel. His father had made similar efforts which were supported by Eric Trolle, who was initially appointed regent to Sweden after Sten Sture (the elder) passed away; unfortunately for Christian II, in 1511, Sten Sture (the younger) convinced the high council to rescind its earlier appointment in his favor.

Sture was no friend to Christian II.

It is widely thought that the desires of Christian were eventually played out through Gustav Trolle, Eric’s son, who rose to the post of archbishop early in Christian II’s reign. Trolle threw his lot in with the Danish ruler and gained his ear, earning the promise that Trolle might rule over Sweden in Christian’s name. Trolle did everything he could to secure his place in history, demanding more autonomy for the church and, Sture claimed, attempting a backdoor coup. In 1515, Sture had Trolle imprisoned, the Catholic church condemned the Swedish government, and the Swedes and Danes squared off in a series of battles to decide its fate.

But Christian was obsessed with the expansion of his realm. He worked persistently to expand his power and reach, forming alliances that would help him gain control of what he considered the whole of Denmark. It was around this time that Christian II hitched the horse of the Holy Roman Empire to his team by marrying Isabella (Elizabeth I), granddaughter of Maximilian I.**

Which brings the story back to Torben Oxe.

Oxe was appointed Governor of Copenhagen Castle, a modest nobleman’s post that put him in close contact with the king’s court. Despite Christian’s marriage, he kept his mistress, openly housing her and her mother immediately adjacent to his residence. In summer 1517, Dyveke Sigbritsdatter fell ill and died; her mother pointed the finger at Oxe, who sent the girl a box of cherries two days earlier: apparently, Oxe was also enamored of Dyveke. Sigbrit alleged that Dyveke rebuked Oxe’s advances, and out of spite, he had murdered her.

History is awash with uncertainties, and there are plenty of those in the death of Dyveke. To begin, it’s not even clear that Dyveke was poisoned; she died suddenly and with severe stomach pain, so poisoning was assumed, but never really proven. In addition, it’s not clear whether Oxe was, indeed, courting Dyveke, as Sigbrit insisted. Last but not least, if Dyveke was murdered, there was nothing to suggest that the killer was not a member of the Rigsraad — the Privy Council in Denmark — or just someone seeking revenge on the king for one of his many cruel acts; instead of tracing these possibilities, Christian II condemned his friend Oxe on Sigbrit’s word alone.

But the farce was not complete without an equally farcical trial or two. Oxe’s post gave him a trial by the Council of the State: a dozen noblemen met, conferred, and delivered a rebuke to the king, declaring Oxe innocent of the crime. Christian was incensed at the verdict, allegedly asserting, “If I had as many kinsmen in the Rigsraad as he has, he would never have been acquitted.”

Not content with this form of justice, the king turned to the people, assembling a jury of peasants who were more than obliging in delivering the famed line, “We do not convict him, but his deeds convict him.” So, despite the pleadings of the king’s wife, Torben Oxe lost his head — and his corpse was burned for good measure.


Christian II underskriver Torben Oxes dødsdom, or Christian II Signs Torben Oxe’s Death Warrant (1874-76), by Eilif Peterssen. The queen sits at his side, imploring him not to do it.

In the great tradition of nepotism, Sigbrit was subsequently appointed chief adviser to the king and took over the role of management of the mercantile taxation system, the Sound Tolls; she was remarkably successful in these posts and formed a middle-class council which held far more sway over Christian than its “noble” counterpart, the Rigsraadet.

As he moved away from them, Christian’s rule became more and more unstable, and his desire to have Sweden almost insatiable. After a series of battles, he managed to claim the title of King of Sweden for a brief period around 1520, crowned by his friend Gustav Trolle shortly before putting on the Stockholm Bloodbath. It was this event which earned him the title in Sweden of Christian the Tyrant.

Peder Oxe

As if these connections weren’t enough, Oxe’s nephew, Peder Oxe (born in 1520), who was Steward of the Realm under Frederick II, became one of the players in an attempt to restore Christian II’s daughter, Christina, to the Danish throne — long after Christian himself was out of the picture. The attempt was unsuccessful.†

Dyveke’s story, and her impact on King Christian II, has been cast in a variety of literary formats.

* The Rigsraadet was the Norweigan instantiation of the Scandanavian sort of House of Lords, with members the noblemen of the time. New members could be appointed by kings and queens, or by other members of the council, and, until the Reformation, Roman Catholic bishops also maintained posts.

** This marriage also extended the reach of the Habsburgs into Denmark, a move that would have further consequences several hundred years hence.

† Christina also has the distinction of turning down a marriage proposal by Henry VIII. According to legend, her witty response to the ambassador sent to arrange the marriage was, “If I had two heads, one should be at the King of England’s disposal.”

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1871: Eight Cuban medical students

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On this date in 1871, eight first-year medical students, aged 16 to 19, were shot in Havana Place de la Punta by Spanish colonial authorities in one of the most notorious episodes of that island’s independence struggle.

Cuba was three years into the Ten Years’ War, the first of three major 19th century insurrections that would eventually throw off Spanish rule, but popular support for independence was far from universal.

This book is the English translation of the classic Cuban text written by their schoolmate.

A vocal pro-Spanish element opposed the rebels to the extent of mobilizing right-wing volunteer goon squads to rough up demonstrators and menace the government into dealing with them only at bayonet-point … proto-brownshirts, albeit from a more well-heeled class position.

Mostly middle- or upper-class peninsulares, they were able by sheer force of numbers to cow [liberally inclined Captain-General Domingo] Dulce into acceptance of their views … Their journal, La Voz de Cuba, accused Dulce of working for the rebels …

The volunteers were a foretaste of those twentieth century lower middle-class mobs of young men who often protest violently against the end of empire. Shouting Viva Espana! in the Villanueva Theatre, foreshadowing the pieds noirs of Algeria, they bridge the gap between Carlism and Fascism. (Cuba, Or, The Pursuit of Freedom by Hugh Thomas)

The Volunteers would make themselves felt this day.

The editor of that Volunteer paper La Voz de Cuba was assassinated in 1870. The fatal accusation against the students was that they had desecrated the grave of that editor.

In Cuba in 1871, vandalism with the wrong politics was good enough to get you shot … four days after the supposed crime. In that environment, it’s practically beside the point that one of the eight wasn’t even in town at the time and the “desecration” was so exaggerated (the link is a Spanish backgrounder) as to be essentially fabricated.

The procedural rigging dignified with the word “trial” wasn’t going to get hung up on that detail, but it was also on the verge of an acquittal or a light sentence when a Caribbean Brooks Brothers riot steamrolled it (Spanish again) into sentencing eight to death and most of the others to significant prison terms.

Defense attorney Frederico Capdevila alone distinguished himself (more Spanish) at this circus with an indignant and energetic defense, despite being attacked at one point by the Volunteer mob. At its appalling conclusion, he drew his sword and theatrically broke it over his knee — a gesture of contempt for the military tribunal that cost him his military career and made his reputation to posterity.

Radical writer Jose Marti, 18 years old at the time of this execution, summoned the image frequently and helped raise 27 Noviembre de 1871 into an enduring emblem of the worst of colonialism.

Che Guevara would say of the martyrs, “El único delito era el de ser cubano” — “Their only crime was to be Cuban.”

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1780: David Dawson and Ralph Morden, Quaker “traitors”

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On this date in 1780, two unconnected Quakers were hanged for two unconnected treason convictions in two different cities in Pennsylvania.

The public executions of Ralph Morden in Easton, Pa., and David Dawson in Philadelphia (in a double hanging along with counterfeiter Richard Chamberlain) had the unusual distinction of being treason convictions against the state of Pennsylvania during the Revolutionary War, rather than against any sort of federal entity.

According to the Espy File of American executions, there were only 15 people put to death for treason* during the Revolutionary War. It’s a remarkably low figure under the circumstances — separatist colonial conflict that often pitted revolutionary neighbor against loyalist neighbor.

Morden, a Quaker who kept his head down during the war, agreed to guide one Robert Land, a Tory who needed to slip past Continental sentries, and of course didn’t make it. His case is summarized here, here and here.**

Less is readily available about Dawson, but a fellow-prisoner (and fellow-Quaker) left an account remembering that he and the counterfeiter Chamberlain

were taken out amidst a crowd of spectators — they walked after a cart in which were two coffins and a ladder, etc., each had a rope about his neck and their arms tied behin [sic] them … they were both hanged in the commons of this city abt. 1 o’clock.

This prisoner, Samuel Rowland Fisher, kept a two-year journal (pdf) of his imprisonment in Philadelphia for Tory sympathies, and as one might imagine paints an unflattering picture of the revolutionary “State as they call it.” In his view, Dawson’s hanging was a

greater act of Cruelty in the present Rulers than anything they have heretofore done, for they never gave him even a shadow of a tryal in their own fashion & they have executed him merely as what they call a proscribed person because he came into the City while the Brittish Army lay here, the circumstances of which was, that he was coming from his abode with his Waggon, that being in danger of his life from some of Washington’s Men he fled into the City & left & lost his Wagon, Horses, provisions &c — He never acted in any manner under Brittish, nor had he taken the Test to the present Usurpers, he did not go with the Brittish Army to New York, but had secreted himself in various places till he was betrayed by Jamed Reed last Spring & taken prisoner

Quaker Notes

Quakers who stuck by the sect’s pacifist teachings had a tough go of the American Revolution, often lumped in as Tories by patriots and subject to spasms of popular abuse, official writs confiscating their property, and other indignities from those who considered them “the unfriendly Quakers … notoriously disaffected to the cause of American Liberty.”† That same prejudice occasionally exposed Quakers to the severest punishments for perceived crimes.

Thus Morden, who presumably helped the British agent as a personal gesture of assistance, an everyday “crime” for which hanging was an extreme stricture: one hundred Continental dollars from Chamberlain’s press to the reader who can demonstrate that this was one of the 15 most treasonable acts committed behind American lines. But confronted with the request in a time of war, what was the neutral, pacifist choice?

“A man was hanged this morning,” one British officer’s diary recorded, “for piloting some people through the back woods, to the Indians. He was very old and left a wife and 9 children. His death was chiefly owing to his being a noted friend of Government.” (Cited by John Coleman in “The Treason of Ralph Morden and Robert Land,” The Pennsylvania Magazine of History and Biography, Oct. 1955)

Dawson, meanwhile, had worked for the British during the city’s recent occupation by General William Howe and was one of many so-called Loyalists “attainted of High Treason” and stripped of property by the state. Still, the British had been gone more than two years by the time he hanged.

Egged by Benedict

What might have upgraded Dawson’s sentence to a capital one was having the bad sense to be apprehended around the same time news arrived that Benedict Arnold had betrayed the Revolutionary cause two months before this date.

Arnold had recently been stationed in Philadelphia, and there controversially married into a Tory family. The betrayal he wrought thereafter was keenly felt in the cradle of liberty, and Arnold’s

effigy was paraded through the streets and hanged, his wife was ordered to leave the city within fourteen days, and his estate was confiscated. Still more rigorous proceedings were instituted against the tories and Quakers, one of whom [Dawson -ed.] was convicted of high treason and hanged. (Source.)

Discipline and Punish

Since we are students of the morbid here, let us also pause to notice the strikingly throwback nature of the punishment — not merely the fact that the Dawson-Chamberlain hanging was public, but that they were so theatrically marched to it, with ropes drawn about necks like the false Martin Guerre.

Not only did the treason conviction belong to a pre-American jurisprudence — against the state, yes, but also of a broader British conception of treason that the still-to-come U.S. Constitution would sharply curtail — but the resulting sentence is sharply at odds with Pennsylvania’s historical image as a a haven of penal reform.

Before the decade was out, the Keystone State would establish itself as an international epicenter of the movement away from harsh and (to us) primitive-sounding judicial sanctions, reconceptualizing punishment into the ordered prison system still familiar today. Pennsylvania abolished the death penalty for all crimes but murder by the turn of the century (it had made liberal use of the rope to punish crimes like burglary before that), and even murder hangings were not frequent.

Quakers, and Quaker philosophy, were instrumental in the shift.

If the thought that led to that sea change came from a deeper place, it may yet have been informed by the episodic recent history of the revolution: according to Gail Stuart Rowe’s Embattled Bench, there were around 700 indictments and attainders for treason or misprision of treason in Pennsylvania throughout the American Revolution, and these resulted in only four hangings.

All four of the hanged were Quakers.

* The Espy file is an outstanding resource, with the intent to document every execution that took place in what is now the United States since its colonial antecedents. However, it is not necessarily reliable that it actually does this, so the precise figure of 15 should not be depended upon too greatly.

** Land himself managed to escape from the ambush, leaving only Morden to face the music. The interest in his fate seems to come from genealogists; according to this site, Charles Lindbergh numbered among his descendants — bringing us to another century’s death penalty.

† That was George Washington, cited in George Washington and Slavery. However, according to this listing of famous Quakers, other notable patriots like revolutionary Gen. Nathanael Greene, flag-stitcher Betsy Ross and polemicist Thomas Paine were Quakers, too.

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1869: Hamiora Pere, Maori “traitor” to the Queen

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On this date in 1869, Hamiora Pere became the only New Zealander ever executed for treason.

Maurice Shadbolt’s Season of the Jew is a historical novel of the conflict that doomed Hamiora Pere. It’s told from the standpoint of Te Kooti, who liked to compare the Maori cause to that of the Israelites resisting Egypt, and founded a religious sect that still persists today.

Pere* came by the distinction quite accidentally — even setting aside the queer circumstance of his “betraying” a state on the opposite side of the globe by resisting its claim to his ancestral homeland.

Hamiora Pere was one of five Maori prisoners from the Siege of Ngatapa during Te Kooti’s War — an indigenous resistance against British colonization — to face the fatal charge.

The crown handled these cases carefully.

Though all five men drew death sentences (mandatory for treason), the government was evidently trying to stay out of the martyr-making business — as revealed by a judge’s comment during official deliberations.

I believe the result is the very best that could have been arrived at. I am glad to know that Mr McLean thinks that one execution will be useful as more would have been by way of example and caution.

Unfortunately for Hamiora Pere, the one of those five who was most likely set up to be the “example,” Wi Tamararo, committed suicide in prison shortly after his sentence.

Pere seemingly became the next in line for hanging because he was associated with murders in a noteworthy massacre at Matawhero that slew 33 Europeans and 37 of their Maori allies. Notably, however, the charge of murder actually filed against him was dropped prior to trial since he could be placed at the scene of the attack, but not directly shown to have killed anyone. Even off the indictment, it may have been the thing that doomed him.

Whatever the nature of the deliberations — and this report (pdf) of New Zealand’s Waitangi Tribunal inconclusively attempts to unpack the story with the patchy evidence available — the remaining convicts got clemency. Four years later, they were pardoned outright.

Pere got the noose at Wellington, and the accidental historical footnote. He would seem destined to maintain his unusual distinction indefinitely, since New Zealand has abolished the death penalty altogether.

Fear of Death

It is the circumstantial distinction of his case that earns Pere his place in this blog out of the numberless thousands to meet his same fate.

But in the end, he faced the gallows in that existential nakedness common to all us mortal wretches beholding death. Many in these pages meet their ceremonial end with with bravado; Hamiora Pere, by contrast, suffered all the pitiably human torments of fear, according to the report of the Daily Southern Cross:

He received the notice of his approaching death with calmness, and it was not until the morning before the execution that he gave any outward sign that he realised his terrible position. … [after his last farewell with his family he] became terribly distressed. He evidently fully recognised his position; he knew that he had looked for the last time on those from whom only he had any right to expect sympathy; every incident was reminding him how rapidly his term of life was decreasing, and it was not until his spiritual adviser … had been with him some time, that he became more composed.

…

[on the morning of the execution, Pere’s] responses [to his spiritual advisor] were accompanied by a peculiar moaning, and by convulsive sobbing. … the prisoner, quite a young man, and with nothing in his general appearance worthy of special remark, was sobbing bitterly, and was evidently suffering from intense mental agony; he looked anxiously around, yet stood firm and erect while he was being pinioned, repeating, as well as his trembling voice would allow, the prayers that were being offered on his behalf. … At the foot of the steps [to the gallows] the prisoner halted a moment, but, being led up, was quickly placed in the centre of the platform, under the noose, which was immediately fixed round his neck. From the time the prisoner left his room, until the rope was adjusted, he continued praying in a low moaning tone, interrupted frequently by violent sobbing …

* Also spelled “Peri” and, occasionally, “Pera”.

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1874: William Udderzook, because a picture is worth a thousand words

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On this date in 1874, William Udderzook was hanged in West Chester, Pennsylvania for an insurance scam gone horribly macabre — accidentally making judicial history in the process.

Udderzook and his brother-in-law Winfield Scott Goss had contrived to pick up some easy scratch by insuring Goss’s life and having him “burned to death” in a laboratory fire; Udderzook procured a medical cadaver for the purpose, and duly identified its charred remains the late lamented Goss, who was in fact laying low in Newark under an assumed name.

An amateurish stunt by today’s standards, but forensic science was still in its infancy. During the Civil War just a decade before, the majority of the dead had been buried unidentified. Personal recognition was still the best way available in most cases to tell who was who.

Udderzook and Goss’s wife therefore collected on their say-so, but insurance adjusters smelled fraud. It was through their pressure that the “Goss-Udderzook tragedy” unfolded, and became an object lesson and test case in the science of establishing identity.

Goss was the first hoisted on his own petard, for his faked death meant that Udderzook could not afford to have investigators find him alive. So Udderzook murdered Goss, this time for real — real gruesome, that is. When the body was discovered, it had been dismembered, disemboweled, and repeatedly stabbed.

When Udderzook faced trial, Goss’s identity with “Wilson” (his assumed name) was the central question, and it was established using photography. (The same way they identified the body, actually, per a contemporary New York Times account here. (pdf))

Udderzook fought the photographic identification all the way to the Pennsylvania Supreme Court — which turned aside the appeal with a landmark ruling whose embrace of the photographic science would unlock its forensic potential:

That a portrait or a miniature painting from life and proved to resemble the person may be used to identify him cannot be doubted, though, like all other evidences of identity, it is open to disproof or doubt, and must be determined by the jury. There seems to be no reason why a photograph, proved to be taken from life and to resemble the person photographed, should not fill the same measure of evidence. It is true that the photographs we see are not the original likenesses; their lines are not traced by the hand of the artist nor can the artist be called to testify that he faithfully limned [sic] the portrait. They are but paper copies taken from the original plate, called the negative, made sensitive by chemicals, and printed by the sunlight through the camera. It is the result of art, guided by certain principles of science. . . .

It is evident that the competency of the evidence in such a case depends on the reliability of the photograph of a work of art, and this, in the case before us, in which no proof was made by experts of this reliability, must depend upon the judicial cognizance we make of photographs as an established means of producing a correct likeness. The Daguerrean process was first given to the world in 1839. It was soon followed by photography, of which we have nearly a generation’s experience. . . . We know that its principles are derived from science; that the images on the plate, made by the rays of light through the camera, are dependent on the same general laws which produce the images of outward forms upon the retina through the lenses of the eye. The process has become one in general use, so common that we cannot refuse to take judicial cognisance of it as a proper means of producing correct likeness.

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1887: Parsons, Spies, Fischer and Engel, the Haymarket Martyrs

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On this date in 1887, the Chicago political machine hanged four at Cook County Jail to defend civilization from the eight-hour day.

The Haymarket martyrs, as they would be remembered ere the hysterical atmosphere of their sentencing had passed, were four from a group of eight anarchist agitators rounded up when a never-identified person threw a bomb at Chicago police breaking up a peaceful rally. The bomb killed one cop; the indiscriminate police shooting that followed killed several more in friendly fire, plus an uncertain number of civilians.

The incident occurred just days after nationwide strikes began on May 1, 1886, in support of the eight-hour day. Nowhere were the tensions greater than Chicago, an epicenter of militant organizing. When tens of thousands poured into the streets on May 1, the Chicago Mail darkly said of high-profile radicals Albert Parsons and August Spies,

Mark them for today. Hold them responsible for any trouble that occurs. Make an example of them if trouble does occur.

Sure enough …

Most of the eight hadn’t even been present at the time the bomb was thrown, but the state put anarchism itself on trial under the capacious umbrella of “conspiracy,” in a proceeding so absurdly rigged that a relative of a slain cop was on the jury. Quoth the prosecutor,

Law is upon trial. Anarchy is on trial. These men have been selected, picked out by the grand jury and indicted because they were leaders. They are no more guilty than the thousand who follow them. Gentlemen of the jury; convict these men, make examples of them, hang them and save our institutions, our society.

That was the argument for hanging them. And right-thinking burghers applauded it.

Seven of the eight were condemned to die; two had their sentences commuted, but the other five refused to ask for clemency on the grounds that, innocent, they would “demand either liberty or death.” One of those five, Louis Lingg, painfully cheated the hangman by setting off a blasting cap in his mouth the night before his execution. (Lingg might have made, though seemingly not thrown, the mysterious bomb.)

The others — Parsons and Spies, along with Adolph Fischer and George Engel — hanged together, with their epitaphs upon their lips — literally so for Parsons, whose parting remark is at the base of the Haymarket Martyrs Monument*

“The time will come when our silence will be more powerful than the voices you are throttling today.”

“Throttle” was right, as the Chicago Tribune reported the next day, taking up when the trap was sprung:

Then begins a scene of horror that freezes the blood. The loosely-adjusted nooses remain behind the left ear and do not slip to the back of the neck. Not a single neck is broken, and the horrors of a death by strangulation begin.

Six years later, Illinois Gov. John Altgeld granted the free pardon the hanged men had demanded to the three surviving Haymarket anarchists. There is no institutional mechanism to determine erroneous executions in American jurisprudence — a fact that occasionally leads to smugly circular avowals that nobody recently executed has ever been “proven” innocent — and death penalty researchers Michael Radelet and Hugo Bedau believed as of this 1998 paper (pdf) that Altgeld’s executive statement flatly asserting the injustice of the Haymarket convictions was the most recent official acknowledgment of a wrongful execution in U.S. history. If true, its uniqueness would be understandable: the gesture cost Altgeld his political career.

Long gone as all these principals are, the legacy of Haymarket remains very much with us, and not just as a magnet for digital archives like this, this and this (don’t miss the brass gallows pin).

May 1, now rich with the symbolism of the Haymarket Passion, was soon selected by the international labor movement as the date to resume the eight-hour-day push — thus becoming the global workers’ holiday it remains to this day.

* Opposing interpretations of the Haymarket affair — which can be the “Haymarket riot” or the “Haymarket massacre,” depending on where you line up — were marked by opposing memorials. The police memorial was itself eventually bombed by the Weather Underground, and subsequently squirreled away from easy public view. Paradoxically, the Haymarket Martyrs Monument has been federally dignified as a National Historic Landmark.

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1892: Jens Nielsen, the last in Denmark

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On this date in 1892, serial arsonist Jens Nielsen was beheaded with an axe in the courtyard of Horsens prison — the last civil execution ever conducted in Denmark.

According to this Danish biography, Nielsen had incurred a long prison sentence for burning several farms in July 1883.

(He’d just returned from a fruitless stint in the New World, torching a warehouse in England on the return voyage.)

Apprehended immediately and sentenced to a long prison term, Jens confronted an age-old dilemma which was evidently noticeably acute among melancholy Danes: effecting state-assisted suicide on the scaffold.

These cases must have once been fairly frequent because Denmark, by an ordinance of December 18, 1767, deliberately abandoned the death penalty in cases where “melancholy and other dismal persons [committed murder] for the exclusive purpose of losing their lives.” The background for the provision was, in the words of Orste, “the thinking that was then current among the unenlightened that by murdering another person and thereby being sentenced to death, one might still attain salvation, whereas if one were to take one’s own life, one would be plunged into eternal damnation.”

The ordinance was ineffective in one case, at least, that of Jens Nielsen, who was born in 1862 and spent a most unhappy and unfortunate childhood. In 1884 he was sentenced to 16 years of hard labor for theft and arson. The following year he tried to kill a prison guard. He was tried, sentenced to death and received a commutation to life. He was then placed in solitary confinement. A year later he tried again to kill a guard, “realizing that he could not stand solitary confinement, did not have the nerve to commit suicide and wanted to force his execution.” He was again tried, sentenced to death and the sentence commuted. In 1892, having remained in solitary confinement all that time, he tried again to kill a guard. This time he got his wish, was sentenced to death and executed. (Source.)

He even managed to crack wise, “Thank you!” to the mayor who wished him God’s help on the way to the scaffold — envoy of the powers both temporal and ethereal that would finally loose his shackles.

Denmark’s death penalty law lingered into the 1930’s, but even the occasional death sentences were no longer carried out. Apart from a brief revival after World War II to punish war crimes committed during the Nazi occupation, nobody has been put to death in Denmark in — as of today — 116 years.

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1730: Hans Hermann von Katte, Frederick the Great’s lover

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On this date in 1730, Prussia’s greatest king watched his boyhood lover put to death at his father’s order.

Happy families are all alike; every unhappy family is unhappy in its own way. Most of those ways were explored at some point by a Hohenzollern.

The 18-year-old prince Frederick had a thoroughly frosty relationship with the old man. Surly Frederick William I — “the soldier king” — didn’t have much use for his sensitive, music-loving son. An “effeminate fool,” dad thought the boy, and did not scruple to beat him publicly as he forcibly molded the unwilling heir into a military man.

Now, blue bloods have often had rocky relationships with their sires, but running away is not the usual option for a prince of the realm.

But Frederick contrived to hit the bricks, and 26-year-old officer Hans Hermann von Katte had the bad luck to be his best friend (and presumed homosexual lover). When Frederick turned to him for help, they started plotting flight.

Both were apprehended and imprisoned, and Frederick was himself in some danger of being executed by command of his own father. Dad softened up enough to keep his son’s head attached to his shoulders.

Von Katte wasn’t so lucky: sentenced only to imprisonment, the verdict was upgraded by the vindictive monarch — and as part of Frederick William’s ongoing project to break his son, he made the kid watch his friend’s beheading from close enough proximity to beg (and receive) von Katte’s forgiveness.

Here’s a melodramatic interpretation from a short film called Der Tod des Hans Hermann von Katte:

Frederick spent the next decade under the father’s thumb, chafing but bending himself to the austere demands of Prussian statecraft.

Well did he absorb them, for upon succeeding in 1740, he far surpassed his father in the martial pursuits, and for the half-century span of his reign was Europe’s acknowledged battlefield master. Known to posterity as Frederich the Great — and more familiarly as der alte Fritz, “old Fritz” — his augmentation of the empire vaulted Prussia into Europe’s great powers club and set the stage for German unification.

[flv:http://play-mcvideos.howstuffworks.com/2008-07/31/12211.flv 425 344]

Frederick scarcely ever spoke again of von Katte, but neither did he lose his native intelligence, and he kept up a long-running correspondence with Voltaire.

It gives an achingly tragic cast to the boy who suffered the horrible loss of his intimate this day — who dutifully delivered to his country genius as a commander and statesman, at the uncomplaining sacrifice of the life he yearned to lead.

UC-Berkeley professor Margaret Anderson’s wonderful “Rise and Fall of the Second Reich” course podcast situates Frederick in the arc of Prussia’s development out of the Middle Ages —

[audio:http://webcast.berkeley.edu/media/f2007/hist167b/hist167b_20070904.mp3]

— and treats his adroit foreign policy and active mind in the age of the Enlightenment.

[audio:http://webcast.berkeley.edu/media/f2007/hist167b/hist167b_20070906.mp3]

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