On this date in 1850, a 57-year-old Harvard professor expiated upon a gallows at Boston’s Leverett Square the murder of one of the university’s donors.
The buzz of Boston in 1849-50, the Parkman-Webster murder case began with the disappearance of one of the crimson’s great benefactors, George Parkman, a Boston Brahmin known for his Ministry of Silly Walks gait about town (see right). According to Oliver Wendell Holmes, Sr. (who appeared as a witness at the trial of Parkman’s accused murderer), “he abstained while others indulged, he walked while others rode, he worked while others slept.”
Also, he inherited a ridiculous sum of money, and was tight with the debtors to whom he lent it.
Back before collection agencies, Parkman disappeared in November 1849 while making the rounds to shake down his borrowers. Within days, suspicion settled on Harvard anatomy and geology professor John Webster, who had squandered his own pile of money buying rock collections and maintaining appearances and such, and sank into desperate hock to the jutting-chinned ambulator who had helped him land the Ivy League appointment in the first place.
A weighty circumstantial case soon formed against Webster, with the invaluable aid of a snoopy janitor who turned up human remains in the office and testified to incriminating-sounding conversations.
Elites-on-elite crime epidemics always churn the scandal mills. Henry Wadsworth Longfellow’s wife Fanny wrote a friend,
You will see by the papers what dark horror overshadows us like an eclipse. Of course we cannot believe Dr. Webster guilty, bad as the evidence looks. … Many suspect the janitor, who is known to be a bad man and to have wished for the reward offered for Dr. Parkman’s body. … I trust our minds will be soon relieved, but, meanwhile, they are soiled by new details continually.
Boston high society was about to see a whole different side of Harvard.
Although perhaps individually explicable — anatomists had plausible reasons to have human remains at work, and other anatomists than Webster could have had access to his office — the cumulative weight of Webster’s ham-handed attempts to declare that he had paid up his debts to Parkman just before the latter’s mysterious disappearance, of the discovery of what (disputed) dental forensics declared to be Parkman’s dentures, of the ghastly appearance of a torso (disputedly) declared to be Parkman’s stuffed in a tea chest at Webster’s offices started to really make the man look guilty.
In view of a mediocre defense, the jury convicted Webster of whacking his own professional benefactor, in the university building erected on said benefactor’s donated plot of land.
While the prof’s seeming post-conviction acceptance of guilt — in a plain strategem to secure clemency — and generally shifty demeanor have cemented him as the definitive perpetrator in the standard historical reading,* Fanny’s snobbish take on the “bad man,” janitor (and moonlight body-snatcher) Ephraim Littlefield, has not been entirely lost to the tradition.
At the end of the day, everything about the case is circumstantial — indeed, besides being historically noteworthy for the first use of dental forensic evidence in a murder trial (forensics we might find rather speculative and unconvincing today), Webster’s case generated a landmark ruling from the judge’s jury instruction establishing “reasonable doubt” as the threshold for criminal conviction rather than the “absolute certainty” Webster’s prosecutors had no hope of attaining; that ruling influences American jurisprudence down to the present day.
And one cannot but notice how many of the circumstances — creepily playing Sherlock Holmes with a freelance dig into the professor’s furnace to discover charred bones, for instance — were provided by the fellow-suspect-turned-star-witness Littlefield, who niftily reaped the $3,000 reward for his offices in substituting Webster for himself under the pall of suspicion.
According to peripatetic crime blogger Laura James, a forthcoming (2009) book promises to revisit the sensational trial, “to examine all the intricacies for ourselves — not aided by the eager voice of the janitor.”
* Bemis, one of the prosecutors, wrote the go-to source on the Webster trial, available from Google Books; another contemporaneous account is here.
On this date in 1807, James McLean survived one hanging but not a second at Batavia, N.Y.
Subject of the first public execution in Genesee County, the drunken Scottish immigrant had axed to death a fellow squatter in an argument … and then a second man who ran to his victim’s aid … and then almost a third who was saved by flight.
This minor execution is the subject of an extensive historical inquiry* by a descendant of one of the victims full of period color: the defendant claiming the (then-recognized) right to a jury consisting of half non-citizen aliens as a “jury of his peers”; the billing receipts for the manhunt and the gallows construction (including gallons of brandy for the guards); and the indeterminate legends about what happened when the rope broke the first time.
The story has been told and retold that during the hanging the rope broke and McLean fell to the ground, shaken and stunned but alive. While another rope was being secured, McLean was reputed to remark, “As I killed two men, I deserve two hangings.” Another version has McLean protesting a second hanging since he had been convicted of only the one murder and had already been hung for that.
However, a historian’s recounting of the era’s newspaper accounts claims
that when the weight fell, the rope broke and McClean fell to the ground. He soon recovered from the shock and rising to his feet, expressed a strong desire not to be “hung again.” Some insisted that one hanging was a fulfillment of the law. Others, however, thought differently and informed McClean that “as he had killed two men, he ought to be hung twice.”
* The writer’s use of “gibbet” to mean an apparatus for a “sudden suspension” hanging, where the prisoner is not dropped but jerked into the air by a countervailing weight, is non-standard; “gibbet” means a gallows (or certain types of gallows structures, if you’re persnickety about it), and became a verb signifying the salutary posthumous display upon such a structure of an executed prisoner’s remains.
On this date in 1936, thousands thronged Owensboro, Kentucky, for a glimpse of what would prove to be the last public hanging in the United States.
The U.S. followed the trend of its onetime mother country, England, in moving the formerly iconic public hanging increasingly behind closed doors, but its federalist structure made that change uneven. In Kentucky itself at this time, the law displayed sedimentary layers of death penalty history.
Caught up for killing a 70-year-old woman — done in the midst of a drunken burglary, he had left a telltale ring at the scene; fingerprint analysis also helped establish his guilt — Rainey Bethea was on the hook for murder, robbery and rape. The former two indictments would have subjected him to (private) electrocution at the state penitentiary. The latter charge still carried the punishment of public hanging in the local county seat.
Bethea was charged only with rape.
While the explicit sentencing disparity between the crimes bears the clear marks of racism and patriarchy that made purported black-on-white sexual crimes such live fodder for lynch law, and the four-and-a-half-minute jury deliberation doesn’t have the look of solemnity, Bethea’s actual guilt seems fairly well-established.
But the case attracted a nationwide media swarm not for any exceptional quality of the crime or the anachronistic nature of the punishment, but for the involvement of a female sheriff. The “matronly” (virtually all descriptions of her gravitate to this adjective) Florence Thompson had inherited the top law enforcement post upon the death of her husband … and that meant she had inherited the responsibility of hanging Rainey Bethea, which would make her the first American woman to supervise an execution.
Would she or wouldn’t she? The press descended on Owensboro to cover the edifying spectacle of a plump mother stringing up a rapist, or else maneuvering her way out of the job. Thompson played cagey until the very last moment, when the ringers she had secretly hired appeared on the scaffold while she watched from a nearby vehicle.
In this photo, Bethea — almost totally obscured between his escorts — has just begun ascending the gallows.
The man who threw the trap showed up drunk and performed appallingly, but press reports subsequently focused on the beastly behavior of the “jeering” crowd rushing the gallows to tear souvenirs from the corpse. (For instance, Time and the New York Times.)
But according to Perry T. Ryan’s 1992 review of the case — including interviews with surviving witnesses — little to nothing of the kind occurred. Ryan claims Bethea faced about the most dignified hanging mob imaginable.
Maybe hyped-up atrocities in the hinterlands were part of what distant editors demanded after H.L. Mencken at the Scopes trial. Certainly, the local Messenger-Inquirer painted a sharply different picture from more prominent outlets in this August 16 editorial (titled “Panderers Galore”) whose themes could have stepped fresh from a modern cable TV gabfest:
Ambitious and irresponsible reporters and photographers who swarmed into Owensboro for the Bethea hanging dipped their ready hands into the cloaca of evil designs and plastered over the name of this fair city the dirty results of their pandering.
Those who saw the dawn kindling in the east and ushering in the last sunrise of the despicable creature about to die, did not expect all of the watchers to be in reverent mood, but a calm, quiet demeanor characterized their behavior, as a group, throughout their long wait, surprisingly moderate for an occasion on which the law was exacting the supreme penalty.
Considering the size of the throng that witnessed the hanging Friday morning and that it was composed largely of people, who journeyed to Owensboro from distant places, the wonder is that there was no demonstration, no emotional outburst. There was not the semblance of ‘mob impulse’ or ‘eagerness for the kill.’ For the sensation seeking star scribes of quacks of American journalism, it was entirely too tame an affair. This is the reason that some of them reported it as they wanted it to be — not as it was.
They heard a very few people on the outskirts of the crowd call out at different times: ‘Hurry up,’ ‘Get it over’ or ‘hang him.’ To give screaming bulletins to the yellow press and to ruthless radio commentators, they magnified and colored it into a scene of ‘great disorder’ though there was never a general outcry of any kind.
When a priest held up his hand from the scaffold for silence, as Bethea was about to go to his death, there was no ‘blood thirst’ mob ‘shouting and yelling.’ Present were several thousand, who came from near and far to see a man legally hanged for the most heinous crime ever committed in Daviess county, and several thousand more, who turned out to see how the rest would act. When that hand went up in a gesture for silence, the buzz of the multitude’s conversations died down till the fall of the proverbial pin could have been heard.
The smart scribes and sob sisters looked on. All they saw was a black man standing on a scaffold with a rope around his neck and a mass of people peering up at him. That was too tame, they would call it a ‘jeering’ throng. All they heard was the click of the trap door. That would not do. There would have to be ‘cheering.’ So they said there was. Then they heard cameramen from cities where nothing is cared about the horrible crime Bethea committed. They were bawling at officials to ‘move out of the way,’ to ‘give us a break.’ They had to have their souvenirs to show the half civilized readers of their yellow sheets. The boys and girls who had to tell the story needed more color to regale them with atrocious accounts of how the people behaved. They found a few individuals who had gone in the bizarre which inspired thundering headlines about ‘gayety’ and ‘carnival’ spirit.
In administering the last sacrament, the Rev. H. J. Lammers, of Louisville, made an opening in the hood. When the doctors pronounced Bethea dead, one of the attendants at the scaffold took a tag off the hood. Another then took a fragment and others, who were at arms length from the dead man, followed suit. The blunder of tearing off that tag gave the high powered thrill-writers their big opening. They pictured the crowd as tearing Bethea’s clothes from his body. The crowd was never in disorder and Bethea’s clothes were never torn.
The ‘souvenir hunting mob’ did not even pick up the sox [sic] and shoes the doomed man left at the foot of the gallows. It did not so much as touch the basket in which Agnew and Wheatley, colored undertakers, placed the body, clothes and all, or molest it or them in the slightest as they bore it away.
The scavenger writers who came to depict a ‘jolly holiday’ and ‘gala occasion’ had both, but they never saw a more orderly throng at a baseball game.
The public hanging of Bethea was not a disgrace to Kentucky. But, a disgrace to Illinois, Missouri, Tennessee, and some other states, was the spectacle made of it in their scandal monger press. Owensboro should not be surprised at the scurrilous attack upon it by lurid writers and glib tongued talkers in northern and eastern states for they delight to distort any news from Kentucky into weird barbaric tales. We have learned how best to protect our women from rapists-murderers, white or colored. The only way, it seems, that we will ever be able to protect them from the cruelties of a sordid section of the press, will be by softening the state’s anti-rape law, which makes public hanging mandatory. So many as favor that will please tell the legislature.
Vendors of news occupy an important place in the nation, and their purpose should always be to maintain unquestioned exactness of facts. Where the subject matter is susceptible to coloring there should be no sacrifice of truth. To pervert the high honor of the profession for the paltry reward of more readers is a dangerous venture and one that should be curbed.
Owensboro’s citizenry, than which no finer representatives of high-bred Americans can be found anywhere, regrets that it was necessary to invoke the Mosaic law, but a sobered regret and a more solemn memory is that the hanging was eagerly seized upon and transformed into a picturization of the exhibition of low passions loosed.
We are proud of our city, and justly so, for no people are of finer fiber. The putrid pens of those who wore the garb of the news profession painted in lurid colors purported happenings, and it is sad but true that such distorted reports are accepted while the plain statement of facts is discarded as an attempted apology.
Thousands of those who witnessed the Bethea hanging came from outside the county. They belonged to good families in their communities, temporarily bereft of their better judgment and bent on viewing a scene which ordinarily would be extremely repugnant to them. And the out-of-town reporters found in the visitors elements to embody in their sordid stories.
A thoughtless word here and there, expressed without cognizance of its probability of misuse, and the staid citizen away from home becomes to the wild-eyed correspondent a Kentuckian gunning for human game. There should be available means of calling to account the writer who for a few filthy shekels diverts his sense of justice into the recording of things that never were.
As the editorial intimates, regardless of what actually happened in Owensboro, the circus atmosphere quickly brought the matter of public hangings into question. In 1938, the Kentucky legislature moved all executions behind prison walls … and Bethea secured an indefinite claim to the status of last person publicly executed in the United States.
On this date in 1833, Captain Henry Nicholas Nicholls was hanged in London for sodomy.
Sodomy — “buggery,” in the more evocative British phrase, often bowdlerized in court records as b-gg–y or the like — was a capital offense in England until 1861, when the penalty was reduced to “merely” life imprisonment.
The London Courier reported the event:
Captain Henry Nicholas Nicholls, who was one of the unnatural gang to which the late Captain Beauclerk belonged, (and which latter gentleman put an end to his existence), was convicted on the clearest evidence at Croydon, on Saturday last, of the capital offence of Sodomy; the prisoner was perfectly calm and unmoved throughout the trial, and even when sentence of death was passed upon him. In performing the duty of passing sentence of death upon the prisoner, Mr. Justice Park told him that it would be inconsistent with that duty if he held out the slightest hope that the law would not be allowed to take its severest course. At 9 o’clock in the morning the sentence was carried into effect. The culprit, who was fifty years of age, was a fine looking man, and had served in the Peninsular war. He was connected with a highly respectable family; but, since his apprehension not a single member of it visited him.
Even though once or twice a year someone would hang for it and the scandal would send family fleeing his name, Old Blighty still had a vigorous underground gay scene in the 19th century. While Lord Byron was enjoying the easier same-sex access of the Ottoman lands, a friend wrote to him, “that what you get for £5 we must risque our necks for; and are content to risque them.” (Cited here)
Quite accidentally, the senseless destruction this day of a respectable veteran helped set the put-upon gay underground upon its long march towards mainstream acceptance.
A first-person narrative written* in 1833 under the name of Lord Byron (who was in fact nine years dead, but whose queer identity clearly informs the work), Don Leon was a signal piece of literature: the first overt literary defense of homosexuality in English.**
It opens with a scene said to be inspired by Captain Nicholls:
Thou ermined judge, pull off that sable cap!
What! Cans’t thou lie, and take thy morning nap?
Peep thro’ the casement; see the gallows there:
Thy work hangs on it; could not mercy spare?
What had he done? Ask crippled Talleyrand,
Ask Beckford, Courtenay, all the motley band
Of priest and laymen, who have shared his guilt
(If guilt it be) then slumber if thou wilt;
What bonds had he of social safety broke?
Found’st thou the dagger hid beneath his cloak?
He stopped no lonely traveller on the road;
He burst no lock, he plundered no abode;
He never wrong’d the orphan of his own;
He stifled not the ravish’d maiden’s groan.
His secret haunts were hid from every soul,
Till thou did’st send thy myrmidons to prowl,
And watch the prickings of his morbid lust,
To wring his neck and call thy doings just.
The author — whose identity is still debated† — continues writing more or less autobiographically of Byron’s life, and using his illicit desires and lifestyle (with digressions into historical precedent) to defend homosexuality as ultimately natural and harmless.
The tree we plant will, when its boughs are grown,
Produce no other blossoms than its own;
And thus in man some inborn passions reign
Which, spite of careful pruning, sprout again.
Then, say, was I or nature in the wrong,
If, yet a boy, one inclination, strong
In wayward fancies, domineered my soul,
And bade complete defiance to control?
…
Though law cries “hold!” yet passion onward draws;
But nature gave us passions, man gave laws,
Whence spring these inclinations, rank and strong?
And harming no one, wherefore call them wrong?
What’s virtue’s touchstone? Unto others do,
As you would wish that others did to you.
Then tell me not of sex, if to one key
The chords, when struck, vibrate in harmony.
No virgin I deflower, nor, lurking, creep,
With steps adult’rous, on a husband’s sleep.
I plough no field in other men’s domain;
And where I delve no seed shall spring again.
…
Look, how infected with rank disease
Were those, who held St. Peter’s holy keys,
And pious men to whom the people bowed,
And kings, who churches to the saints endowed;
All these were Christians of the highest stamp-
How many scholars, wasting over their lamp,
How many jurists, versed in legal rules,
How many poets, honoured in the schools,
How many captains, famed for deeds of arms,
Have found their solace in a minion’s arms!
Nay, e’en our bard, Dame Nature’s darling child,
Felt the strange impulse, and his hours beguiled
In penning sonnets to a stripling’s praise,
Such as would damn a poet now-a-days.
To this conclusion we must come at last:
Wise men have lived in generations past,
Whose deeds and sayings history records,
To whom the palm of virtue she awards,
Who, tempted, ate of that forbidden tree,
Which prejudice denies to you and me.
Then be consistent; and, at once confess,
If man’s pursuit through life is happiness,
The great, the wise, the pious, and the good,
Have what they sought not rightly understood;
Or deem not else that aberration crime,
Which reigns in every caste and every clime.
…
To this conclusion we must come at last:
Wise men have lived in generations past,
Whose deeds and sayings history records,
To whom the palm of virtue she awards,
Who, tempted, ate of that forbidden tree,
Which prejudice denies to you and me.
Then be consistent, and, at once confess;
If man’s pursuit through life is happiness,
The great, the wise, the pious, and the good,
Have what they sought not rightly understood;
Or deem not else that aberration crime,
Which reigns in every caste and every clime.
…
Statesmen, in your exalted station know
Sins of omission for commission go;
Since ships as often founder on the main
From leaks unstopped as from the hurricane.
Shore up your house; it totters to the base;
A mouldering rot corrodes it; and the trace
Of every crime you punish I descry:
The least of all perhaps is sodomy.
…
I stand a monument, whereby to learn
That reason’s light can never strongly burn
Where blear-eyed prejudice erects her throne,
And has no scale for virtue but her own.
* Don Leon circulated initially in manuscript form, and was not published in England until years later — a known printing in 1866, and possibly another lost edition from before 1853.
** Here lagging well behind France, which had burned only a bare handful of homosexuals under monarchist anti-sodomy laws in the 18th century, and decriminalized homosexuality full stop in 1791. In Philosophy in the Boudoir the Marquis de Sade preened casually triumphant over the bad old days while Lord Byron was still a boy.
We wonder that savagery could ever reach the point where you condemn to death an unhappy person all of whose crime amounts to not sharing your tastes … Nature, who places such slight importance upon the essence that flows in our loins, can scarcely be vexed by our choice when we are pleased to vent it into this or that avenue.
† Candidates include parliamentarian William Bankes, who was arrested for sodomy in 1833 but acquitted later in the year; fellow MP John Cam Hobhouse; and playwright and Byron-idolizer George Coleman.
On this date in 1944, Nazi Germany’s juridical vengeance against Hitler’s near-assassins commenced.
Barely two weeks after Col. Stauffenberg‘s bomb had barely missed slaying the Fuhrer, eight of his principal co-conspirators stood show trials at the Volksgerichtshof (People’s Court) before hectoring prig Roland Freisler.
The outcome, of course, was foreordained.
Apparently orders had come down from on high to make the deaths as degrading as possible; this batch, convicted August 7-8, was hanged naked this day at Berlin’s Plotzensee Prison on thin cord (piano wire, say some sources, although it’s not clear to me whether this is literally true) suspended from meathooks while cameras rolled. Video and stills from the ghastly scene were shipped back to Hitler’s bomb-damaged Polish outpost for the edification of the powers that be.
Many hundreds more would follow, both at Plotzensee and throughout the Reich where persons distantly connected to the plotters and various miscellaneous resistance figures were swept up in the purge.
On this date in 1777, a general of the American Revolution laconically asserted his prerogatives with the hanging of a British spy.
A former ranger in the British service, Israel Putnam — he may or may not be the “don’t fire until you see the whites of their eyes” guy — was camped at Peekskill, New York, when he caught one Edmund Palmer stalking the camp.
It was early in the American Revolution, and American spies were being hanged by the British … but the commanders of Albion evidently entertained some notion that the shoe would not go on the other foot. When Palmer was condemned to death for spying, the British General Sir Henry Clinton hurried a missive to his opposite number under flag of truce claiming Palmer as a British lieutenant.
Old Put firmly believed “the speedy execution of spies is agreeable to the laws of nature and nations and absolutely necessary to the preservation of the army.” (According to the unimpeachable sourcing that is the “about” page of an intel e-learning university named for him.)
And Putnam’s reply to Clinton, a terse little masterpiece answering Cicero‘s dictum that “Brevity is a great praise of eloquence,” was one for the ages.
Headquarters, 7th August, 1777.
Sir — Edmund Palmer, an officer in the enemy’s service, was taken as a spy lurking within our lines; he has been tried as a spy, condemned as a spy, and shall be executed as a spy, and the flag is ordered to depart immediately.
Yours, &c.,
Israel Putnam
P.S. He has accordingly been executed.
(Some versions give the slightly zippier postscript as “afternoon — he is hanged.”)
Read all about this spry American Cincinnatus in Old Put, a now-public-domain book published for America’s centennial celebration; or at this enthusiastic fan page. Also of some now-current relevance: tangential background on the jurisdictional wrangling around military commissions at this period, here.
On this date in 1890 the iconic symbol of the American death penalty made its grisly debut upon the person of William Kemmler at New York’s Auburn Prison.
The long New World tradition of hanging condemned prisoners came under fire as a barbarism in the late 19th century, leading reformers to look for killing procedures less likely to result in a horrendously protracted strangulation or a midair decapitation. As Empire State Governor David Hill put it,
The present mode of executing criminals by hanging has come down to us from the dark ages, and it may well be questioned whether the science of the present day cannot provide a means for taking the life of such as are condemned to die in a less barbarous manner.
On this stage, Executed Today presents a rogues’ gallery of homo Americanus, the salesmen and swindlers who would help the U.S.A. ride the lightning.
The Dentist
A true renaissance man, Buffalo dentist Dr. Alfred Southwick, applied his active mind to the need to better kill a fellow, and soon hit upon an inspiration — that is to say, a town drunk hit upon an electrical generator and died instantaneously, and the observant Southwick said “eureka!”
Without the subsequent industry of this neglected gentleman, who added to his repertoire scientifically-minded electrical butchery of animals alongside political gladhandings to bring a flutter to a busybody’s heart, the Chair’s entire oeuvre of machismo-sadism might have missed the country altogether. Just imagine living in a world where New York had pioneered its other leading reform alternative: lethal injection.
(This, incidentally, is why the chair is a chair, and not a bed or a stake or a St. Andrew’s Cross: because the guy who thought of it spent all day administering his own tender mercies to seated penitents.)
The Plutocrats
As Southwick nagged his senator and shocked stray cats into the great hereafter, the gears of commerce strove relentlessly ever-onward. The business of America was ever business, and never more so than the Gilded Age.
And the business of killing people was about to become the biggest business there was.
The age of electricity was buzzing into incandescence, and two rival standards were at currents amped over eventual dominance of this stupendous industry. Thomas Edison’s earlier Direct Current (DC) standard was being challenged by Nikolai Tesla’s Alternating Current (AC), backed by the financial muscle of George Westinghouse.
Cheaper and more efficient, AC tilted the playing field against Edison. Seeing his days numbered, the Wizard of Menlo Park fought back the way any dinosaur industry would: dirty.
This clip of the electric demise of a circus elephant — don’t hit “play” if you’re not up for animal cruelty — is from some years later (Edison kept tilting at windmills and megafauna carcasses as his DC empire disappeared), but it’ll give a sense of the horrifying spectacle.
With the New York legislature’s embrace of Southwick’s seated voltage people-eater, Edison turned his PR gears on the state, demanding they adopt his competitor’s “deadlier” current for the contraption. And they did, reflecting a widespread belief inculcated by Edison’s experiments — as this New York Times article on an Edison crony’s public livestock-killing show in the days leading up to the advent of the electrocution law indicates:
The experiments proved the alternating current to be the most deadly force known to science, and that less than half the pressure used in this city for electric lighting by this system is sufficient to cause instant death.
After Jan. 1 the alternating current will undoubtedly drive the hangmen out of business in this State.
Too bad for Edison that the business he was really trying to kill was made of sturdier stuff.
The Alcoholic Vegetable Merchant
As the 1880’s wane, we come at last to our subject — in several senses of the term — an illiterate nobody of German stock who chanced to kill his common-law wife with just the right timing to join in a new kind of experiment.
William Kemmler mounted a “cruel and unusual punishment” appeal against his sentence funded by Westinghouse himself: no dice. Perhaps appreciating the odd foothold on history he was about to attain, he showed little worry as he entered the execution room and sat himself — “undoubtedly the coolest man in the room,” a journalist present reported.
The End of the Beginning
That reporter’s description for the New York Herald graphically captures humanity’s first horrible encounter with this “humanitarian” machine, beginning with the prisoner’s parting remarks.*
Doubtless he knew that his words will go down in history and he had his lesson well learned. He addressed his audience [in] a commonplace way and without hesitation.
…
“Well, gentleman, I wish everyone good luck in this world, and I think I am going to a good place, and the papers have been sa[yi]ng a lot of stuff that isn’t so. That’s all I have to say.”
And so with a parting shot at what he was good enough to refer to not long ago as “those d—d reporters,” William Kemmler took his leave of earth. The quiet demeanor of the man as he entered had made a strong impression on those in the room. His self-possession after his oratorical effort simply amazed them. He got up out of his chair as though he were anxious to try the experiment, not as though he courted death, but as though he was thoroughly prepared for it. …
There was no delay. Kemmler constantly encouraged the workers at the straps with “Take your time; don’t be in a hurry; do it well; be sure everything is all right.” He did not speak with any nervous apprehension.
Warden Durston leaned over, drawing the buckle of the straps about the arm. “It won’t hurt you, Bill,” he said, “I’ll be with you all the time.”
A minute later Kemmler said, “There’s plenty of time.” He said it as calmly as the conductor of a streetcar might have encouraged a passenger not to hurry.
…
Kemmler was pinioned so close that he could hardly have moved a muscle except those of his mouth.
The Warden took a last look at the straps. “This is all right,” he said.
“All right,” said Dr. Spitzka, and then bent over and said, “God bless you, Kemmler.”
“Thank you,” said the little man, quietly.
“Ready?” Said the Warden.
“Ready,” answered the doctors.
“Goodbye,” said the Warden to Kemmler. There was no response.
GAVE THE SIGNAL.
The Warden stepped to the door leading into the next room. It was then forty-three and one-half minutes past six o’clock by the prison clock. “Everything is ready,” said the Warden to some one hidden from view in the next room.
The answer came like a flash in the sudden convulsion that went over the frame of the chair. If it seemed rigid before under the influence of the straps, [it] was doubly so now has it strained against them.
The seconds ticked off. Dr. McDonald, who was holding the stopwatch, said “Stop.”
Two voices near him echoed, “Stop.”
The Warden stepped to the door of the next room and repeated the word “Stop.”
As the syllable [passed] his lips the forehead of the man in the chair [grew] dark [in] color, while his nose, or so much of it as was exposed, appeared a dark red.
There was very little apparent relaxation of the body, however. [A] fly lighted on the nose and walked about unconcernedly. The witnesses drew nearer to the chair.
“He’s dead,” said Spitzka, authoritatively.
“Oh, yes, he’s dead,” said McDonald.
“You’ll notice,” said Spitzka, “the post-mortem appearance of the nose immediately. There is that remarkable change that cannot be mistaken for anything else, that remarkable appearance of the nose.”
The other doctors nodded [assent]. They looked at the body critically for a minute and then Spitzka said, [“]oh, undo that now. The body can be taken to the hospital.”
“Well, I can’t let you gentlemen out of here until I have your certificates,” said the Warden.
FOUND SIGNS OF LIFE.
It was while this businesslike conversation was going on that Dr. Balch made a discovery.
“McDonald,” he cried, “McDonald, look at that rupture,” he pointed at the abrasion of the skin on Kemmler’s right thumb. In the contraction of the muscles the figurehead[?] scraped against it and removed the skin, and from that little [wound] blood was flowing-[an] almost certain indication of life.
A low cry of horror went through the assemblage.
“[Turn] on the current,” excitedly cried Dr. Spitzka. “This man is not dead.”
The crowd fell back from the chair, as though they were in danger. The Warden sprang into the closed door and pounded on it with his hand.
“Start the current!” he cried. As he spoke of fluid began to drop from Kemmler’s mouth and to run down his beard; a groaning sound came from his lips, repeated and growing louder each time.
It seemed [an] age before the card was again turned on. In fact it was just seventy-three seconds from the end of the first contact when the first sound was heard to issue from Kemmler’s lips, and it was not more than a half [minute] before the card was again turned on.
RECOVERING CONSCIOUSNESS.
But every second to that time the horrible sound from those groaning lips was becoming more distinct, [a straining] of the chest against the leather harness stronger and more evident.
The man was coming to life. The spectators grew faint and sick. [Men] who had stood over dead and dying [men] and had cut [men] to pieces without an emotion [grew] pale and turned their heads away.
One witness was forced to lie down while one of the doctors fanned him.
But [the end] came at last. There was another convulsion of the body, and … it became rigid with the rigidity of iron.
“That man wasn’t dead,” cried Spitzka excitedly. As he spoke the body twitched again. The electrician had given the current gain new alternation and now 2,000 volts [were] playing in short, successive shocks down Kemmler spine. The sound ceased with the first convulsion, but the fluid continued to trip from the mouth and down the beard, making the body a sickening spectacle.
“Keep it on now until he’s killed,” said one of the doctors. …
“Keep it on! Keep it on!” Cried Warden Durston through the door.
Silence reigned for a moment. A bell without began to [toll] solemnly. …
BURNED BY THE CURRENT.
Then from the chair came a sizzling sound, as of [meat] cooking on hand. Following it immediately a billow of smoke came from the body and filled the air of the room with the odor of burning hair.
There was a cry from all the members of the little group, and Warden Durston cried through the door leading to the next room to [turn] the current off.
More shocking — so to speak — papers ran the next day’s headline “Kemmler Westinghoused,” the verb “to Westinghouse” being another shameless Edisonian bid to stamp his marketing project onto the Queen’s English. This fine, rounded, archaic neologism the right sports anchor could resuscitate as a fresh synonym for thrashing, horsewhipping, poleaxing, or else (in greater justice) for moderation and decency as the only principal in the sordid affair that rejected death-dealing by electricity.
(Officially, Edison also opposed the death penalty. Like Dr. Guillotin, he was doing his part for humanity in the meantime … just with a little skin in the game. Did we mention the business of America is business?)
Official reviews for the “art of killing by electricity” were, ahem, mixed.
“They could have done better with an axe.”**
-George Westinghouse
“Strong men fainted and fell like logs on the floor.”
-New York Herald
“Revolting … a disgrace to civilization.”
-New York Times
“We live in a higher civilization from this day on.”
-Alfred Southwick
Books (remarkably numerous!) about the creation of the electric chair
It should, in fairness, be noted that the U.S. was not the only country (pdf) to mull an electrocution chair in the 19th century … but it was (and for a long time remained) the only one to actually use one.
* The Herald excerpt, along with several other articles from the same paper about the Kemmler execution, is here, but the text has obviously been generated from a scan with uneven results. As I do not have access to the originals, [bracketed] remarks in the excerpt indicate this author’s own interpretations or interpolations of seemingly mistaken transcriptions.
** Some sources make it “would have done better with an axe.”
On this date in 1676, two starkly contrasting women were executed for sorcery in Stockholm.
Anna Simonsdotter Hack — also known as “Tysk-Annika” — is the forgotten one of the pair, who played the expected role of a condemned witch and meekly gave herself over to the judgment. There were rewards for good behavior: Tysk-Annika had her head cleanly lopped off.
Malin Matsdotter, however, did not plan any reciprocal back-scratching with the men who came to kill her.
Accused by her own daughters of carrying their children — Malin’s grandchildren — to Satanic masses, “Rumpare-Malin” obstinately refused to cop to the charge. (Naturally, not confessing was a further indicator to the court that Satan was fortifying her defiance.) Without a confession, the authorities couldn’t assuage themselves by giving her the easy-ish death of decapitation; the law required burning at the stake.* A sack of gunpowder around the neck to speed things up was the best they could offer her.
Matsdotter maintained her innocence to the stake, frustrating the confessors, and when one of her daughters called on her to admit the crime, “she gave her daughter into the hands of the devil and cursed her for eternity.”
And maybe it worked. Judges may well have been wearying of the eight-year-old witch craze, but Matsdotter’s discomfiting end was the turning point; the cases dried up, existing sentences were overturned, and the clergy was summoned to draw a line under the proceedings by announcing from the pulpits that witches had been driven out of Sweden for good. Only one more witchcraft execution ever took place in Sweden — and that in 1704.
By the end of 1676, several of the most notorious accusers in the witch trials were being hunted for perjury by those very same courtrooms. Reportedly, Matsdotter’s daughter was herself executed for her fatal accusation.
* Previously, the law had not allowed a witchcraft execution without a confession, and in a notable case a few years before Matsdotter’s burning, two other women had escaped death by refusing to confess. Evidently, they closed that loophole.
On this date in 1916, Roger Casement was hanged for treason by the British crown that had knighted him only a few years before.
Casement died for his part in the Easter Rising, but this Irish nationalist hero’s layered story has long made him a very different sort of cultural marker than, say, James Connolly.
Casement came to public prominence for his damning report on Belgium’s atrocious treatment of natives in its Congo colony, e.g.:
[T]he great decrease in population, the dirty and ill-kept towns, and the complete absence of goats, sheep, or fowls — once very plentiful in this country — were to be attributed above all else to the continued effort made during many years to compel the natives to work india-rubber. Large bodies of native troops had formerly been quartered in the district, and the punitive measures undertaken to his end had endured for a considerable period. During the course of these operations there had been much loss of life, accompanied, I fear, by a somewhat general mutilation of the dead, as proof that the soldiers had done their duty.
. . . Two cases (of mutilation) came to my actual notice while I was in the lake district. One, a young man, both of whose hands had been beaten off with the butt ends of rifles against a tree; the other a young lad of 11 or 12 years of age, whose right hand was cut off at the wrist. . . . I both these cases the Government soldiers had been accompanied by white officers whose names were given to me. Of six natives (one a girl, three little boys, one youth, and one old woman) who had been mutilated in this way during the rubber regime, all except one were dead at the date of my visit.
[A sentry in the employ of one of the concessionary private companies] said he had caught and was detaining as prisoners (eleven women) to compel their husbands to bring in the right amount of rubber required of them on the next market day. . . . When I asked what would become of these women if their husbands failed to bring in the right quantity of rubber . . , he said at once that then they would be kept there until their husbands had redeemed them.
Casement’s is an honorable name in the campaign for the Congo, an early human rights and anti-colonial struggle; in this 92-minute BBC documentary on the notorious depredations in the Congo, the Casement report’s creation and impact are treated from about 1:15:15 through the end:
A similar investigation undertaken in Peru — where the lens focused on British employers, rather than strictly the malfeasance of foreign states — earned him knighthood in 1911, but Casement’s personal evolution from loyal Protestant* imperial operative with a sympathy for the Irish cause to revolutionary nationalist was already underway. “This journey into the depths of the Congo has been useful in helping me discover my own country and understand her situation, her destiny, her reality,” he wrote his sister. “I’ve also found my true self: the incorrigible Irishman.”
He resigned from the consular service and began recruiting for the Irish Volunteers.
As World War I opened, Casement identified British aggression as its cause, an extension of the violent imperial hegemony he chronicled in The Crime Against Europe:
The British Empire was not founded in peace; how, then can it be kept by peace, or ensured by peace-treaties? It was born of pillage and blood-shed, and has been maintained by both; and it cannot now be secured by a common language any more than a common Bible. The lands called the British Empire belong to many races, and it is only by the sword and not by the Book of Peace or any pact of peace that those races can be kept from the ownership of their own countries.
While any Irish Republican would have agreed with that sentiment, the resulting moral and tactical calculus for the Irish cause to ally with the German was not universally embraced — and was certainly anathema to the British.
All that was beautiful and just,
All that was pure and sad
Went in one little, moving plot of dust
The world called bad.
Came like a highwayman, and went,
One who was bold and gay,
Left when his lightly loving mood was spent
Thy heart to pay.
By-word of little street and men,
Narrower theirs the shame,
Tread thou the lava loving leaves, and then
Turn whence it came.
Ætna, all wonderful, whose heart
Glows as thine throbbing glows,
Almond and citron bloom quivering at start,
Ends in pure snows.
Casement spent the first two years of the Great War in Germany itself, and arranged a shipment of guns that would have supported the Easter Rising, but thought the aid too little and too late. He had a German U-boat drop him at Ireland, trying to get word to the Republican leadership to postpone the revolt.** Instead, he was picked up three days before the doomed rising and hanged after a sensational trial.†
His “treason” — and of course, the very crime of which he was convicted imports a British legitimacy in Ireland that Casement explicitly rejected — shocked many old associates, but he still had friends in high places. To dampen the international clemency campaign, England circulated the notorious “Black Diaries,” photographs of supposed Casement diary pages detailing the author’s homosexuality.
This dirty (and successful) trick brings a personal-is-political quality to Casement’s legacy as well as an enduring debate over the diaries’ authenticity. Since Irish nationalism gained mainstream acceptance well before homosexuality, right-thinking folk long held the Black Diaries a forgery, and time was you solicited a black eye by saying otherwise in the wrong company.
The gay rights movement has seen a posthumous redefinition of Casement; although homosexuality was not on the indictment against him, one could argue that it was the reason he hanged. Given recent handwriting forensics that support the diaries’ authenticity, the general‡ consensus about the Black Diaries has inverted with the effect of only heightening sympathy for their alleged author, albeit at the expense of some tension over how to situate that characteristic within the whole of Casement’s life and thought.
And that is only one aspect of the shifting place of Casement in the firmament of Republican martyrs since his death. His hagiography waxed in the interwar years, with Yeats among those calling for the return of Casement’s remains in The Ghost of Roger Casement”.
But the humanitarian’s German ties were an inconvenience as World War II raged, and not until afterward was that cause renewed. When his body was finally returned in 1965, an Irish state funeral elided the matter of the diaries.
Even Casement himself, who would be the last to die for the Easter Rising, had a hand in the myth-making. His last mission’s purpose to avert the Easter Rising fit neither the government’s interest in maximizing his perfidy nor Casement’s own in identifying with the Irish cause; he himself therefore owned the Rising fully in his defense which made him fine fodder for Republican hymns like “Lonely Banna Strand”:
RTE radio’s What If? series recently explored Casement’s complex legacy:
As Casement put it in his voluminous personal writing, “It is a cruel thing to die with all men misunderstanding — misapprehending — and to be silent forever.”
* Casement’s father was Protestant and his mother was Catholic; he lived with a somewhat split identity between the two faiths, but formally converted to Catholicism while awaiting execution (which surely did not hurt his memory to the Irish cause) and his last meal was simply the Host.
** The guns themselves were interdicted by the British navy and ended up scuttled to the ocean floor.
† Since Casement’s incitements to rebellion had occurred on foreign soil, there was some fine legal parsing over whether he could be tried for “treason.” The dispute resolved to the placement of a comma in a medieval law — leading to the epigram/-taph that Casement was “hanged by a comma.” In the midst of war and before an English jury, however, punctuation was an even weaker defense than it sounds.
On this date in 1794, the Jacobin government struck what would prove to be its last blow against the “Conspiracy of the Prisons.”
The “conspiracy” was really a cover story for Robespierre‘s boys to wield their purifying torch against prisons and (of course) tighten the grip of authority by wild reference to treasonable plots abroad.
Supposedly, the prisons had birthed a scheme to effect a mass escape further to some sort of counterrevolutionary insurrection, or assassination of Robespierre. Marvelously, these conspiracies simultaneously spanned most all of Paris’ prisons, and their “authors” formed a dominant demographic among the Terror’s last tumbrils as the authorities purged each prison in turn.
While we have tarried to profile select victims individually this week, we have in fact repeatedly met so-called prison conspirators.
Luxembourg Prison — whose warders had concocted the earlier “conspiracy” involving Camille Desmoulins’ wife — had been purged repeatedly earlier in the month; its last spasm swept up the Noailles women.
An efficient detour to the Carmelite Monastery converted by revolutionary Paris into another gaol netted Alexandre de Beauharnais.
And the first batch of St. Lazare Prison felled Andre Chenier, where, as elsewhere, dozens were punished for some impressively villainous designs.
Being convicted of having declared themselves the enemies of the republic, by keeping up communications with the enemies of the state; by furnishing them with assistance; by participating in the plots, conspiracies, and assassinations of the tyrant and his wife, against the people; by conspiring in the maison d’arret (lock-up house), called Lazare, to escape, and to dissolve, by the assassination and murder of the representatives of the people, and more especially of the members of the committees of public safety and general security, the republican government, and to re-establish royality; — in fine, by wishing to destroy the unity and indivisibility of the republic.
(The march of the penal inquisitors through the plots is covered in a French Wikipedia page.)
Charles-Louis Muller’s 19th century painting of the Saint Lazare Prison “conspirators” being summoned to their doom. Seated in the center is Andre Chenier.
Each of these famous figures is a noticeable face among dozens of hapless wretches, largely drawn from the Third Estate and often laughably implausible escape artists and assassins — such as, among this day’s victims, an 80-year-old priest. The most poignant fate among the many forgotten threads threads of life clipped short is undoubtedly one Jean Simon Loizerolles, who was imprisoned with his son.
On the 7th Thermidor, about four o’clock, p.m., the bailiff of the tribunal presented himself at the prison with the mortuary list, or, in other words, the death-warrant.
Loizerolles was called for: it was Loizerolles, junior, whom death surrounded. Loizerolles, the father, did not hesitate to present himself; and, comparing his sixty-one years to the twenty-two years of his son, he determined to give him life a second time: the father went down, and was conducted to the Conciergerie.
He there received the bill of accusation, drawn up by order of the Committee of Public Safety, and headed Prison Conspiracy.
This bill bore the name of Loizerolles, junior.
The next day the father appeared for examination, with his twenty-five companions of misfortune.
The bill of accusation, which was joined to the depositions, stated that it was Francois Simon Loizerolles, junior, aged twenty-two.
The declaration of the sentence, prepared in anticipation upon the bill, bore the same designations. The recorder contented himself with effacing the name of Francois, and putting above it Jean.
Finally, the questions submitted, for the sake of form, to the jury, and drawn up in anticipation upon the same bill of accusation, contained the names and the designation mentioned in the accusation. But, at the time of the trial, when the charge was made to the jury, Coffinhal took care to efface the name of Francois, to substitute that of Jean, and to erase te word son, which was replaced by the word father. He rudely altered the two figures from twenty-two to sixty-one, and added the former profession of the father, which the accusation did not state.
And Jean Simon Loizerolles, against whom there was no accusation, was put to death on the 8th Thermidor.
Loizerolles is renowned for nothing in life save the touching valor of his death, but his name was a watchword for paternal devotion in France in the 19th century; Jadin wrote a short opera to his honor, and Victor Hugo references Loizerolles (bizarrely side by side with Robespierre’s younger brother) in Les Miserables as the sort of paragon of loyalty disdained by a gauche skeptic. But the gambit worked: Loizerolles junior survived the last days of the Terror, and was later pensioned by Charles X.
For every triumph, there were countless tragedies. The prisoners had wind of the enterprise to decimate their number days before; an anonymous account printed here (also the source of the Loizerolles story) describes a ramping-up of abuses great and petty in an effort to provoke a rising that would license a bloodbath, and the fear and desperation of the prisoners as death circled them.
Our melancholy and dejected hearts prepared themselves for death. The prison appeared surrounded by a funeral veil, and the death-like silence which pervaded it produced a dreadful feeling of misery in its inmates. Games and amusements were banished from the grounds, and our cadaverous countenances afforded an index of our afflicted souls; the refectory, which was wont to inspire a sentiment of cheerfulness, became a meeting of moving spectres, who quitted each other without exchanging a word.
…
The prisoners at St. Lazare could no longer indulge in illusions on the fate that awaited them … old age and infancy had ceased to be respected; all were alike condemned as guilty of the project of escape; and the man who was the most harmless and the most devoted to his country was no longer exempt from accusation.
But there was a small favor: a third repetition of the scene was postponed two days, which turned out to be all the difference between life and death.
[T]he Robespierrists, delighted in perpetuating our terrors, announced that the tragic scene would be renewed on the 10th.
The two days which we passed in anticipation of our destiny were two days of unmitigated agony: a general mourning reigned through our asylum; our eyes, in fancy, beheld on all sides the palpitating and struggling bodies of the victims of Robespierre, and of the villainy of his agents; tranquility quite abandoned us; death was hovering over our heads; and the prison appeared, to our diseased fancies, like a sea of blood, on which we had suffered shipwreck …
In this deplorable situation we saw no end to our sorrows but in death; and, however terrifying the grim visitant may naturally be, yet we deemed his arrival too long delayed, and invoked his coming, while we regretted that we had not been of the number of the first victims. When, about ten o’clock, p.m., of the 9th Thermidor, it was reported in the prison, that Robespierre was formally accused, the news, which had been brought by three new prisoners from without, inspired distrust, and savoured too much of the miraculous to be easily believed.
…
The following morning … the information was confirmed … in such a positive and circumstantial manner that we could no longer entertain a doubt of its truth.
It may easily be conceived how sudden was the change which was effected in the prison of St. Lazare: the prisoners began, for the irst time, since the 5th, to breathe more freely; their hearts, which had been so long cast down, received a fresh inspiration; their countenances cleared up; the full use of their suspended faculties was restored; and the images of death, which had affrighted them, were dissipated; and if they could have forgotten the assassination of their companions, they might have entirely lost the recollection of their misfortunes.
The death of Robespierre, and the close of his dark crimes, were the subject of an epigram, which an individual wrote upon the wall; it describes the monster too accurately, not to find a place here:
Il s’abreuva du sang d’un million de victimes, —
Il parla de vertus, et commit tous les crimes.
A thousand victims slaked his thirst for blood,–
He spoke of virtues while he swam in crimes.
The buzz of Boston in 1849-50, the Parkman-Webster murder case began with the disappearance of one of the crimson’s great benefactors, George Parkman, a Boston Brahmin known for his Ministry of Silly Walks gait about town (see right). According to Oliver Wendell Holmes, Sr. (who appeared as a witness at the trial of Parkman’s accused murderer), “he abstained while others indulged, he walked while others rode, he worked while others slept.”
Although perhaps individually explicable — anatomists had plausible reasons to have human remains at work, and other anatomists than Webster could have had access to his office — the cumulative weight of Webster’s ham-handed attempts to declare that he had paid up his debts to Parkman just before the latter’s mysterious disappearance, of the discovery of what (disputed) dental forensics declared to be Parkman’s dentures, of the ghastly appearance of a torso (disputedly) declared to be Parkman’s stuffed in a tea chest at Webster’s offices started to really make the man look guilty.
