This dispatch to the New York Herald was published on June 16, 1863.
Mr. W. Young’s Letter.
Near Beallton Station, Va., June 14, 1863.
THE DESERTER J.P. WOOD.
John P. Wood, of Company F, Nineteenth Indiana, who had deserted once or twice before, again deserted on the 28th of May, and was subsequently arrsted at Aquia Creek, tried by court martial, and sentenced to be shot on Friday last.
Wood was about nineteen years old, quite intelligent, and when arrested was dressed in rebel uniform and represented himself as belonging to the Nineteenth Tennessee.
He alleged that he deserted because he had come to the conclusion that the war was not right, and he could not therefore go into action. He admitted that when he volunteered his views were somewhat different, and that he enlisted because he did not wish to see the Union dissolved.
He regarded his sentence as just, and expressed the belief that his execution for desertion would be of more service to the army than he could render it in any other manner.
THE EXECUTION, AND THE EFFECT UPON THE ARMY.
As this is the first instance of an execution for desertion in the Army of the Potomac, it created considerable sensation.
The sentence was executed upon the prisoner on Friday, near Berea church. About two P.M., near Berea church, the corps was halted. The First brigade was ordered out, with the balance of the division to which the prisoner belonged, the First brigade in advance.
Two ambulances, in the first of which was seated the prisoner, and the other containing his coffin, at the head of the division, advanced about half a mile, when the division was drawn up, occupying three sides of an oblong parallelogram. On the fourth side were placed the coffin, the criminal and the guard. The men were selected to do the firing, and received their muskets from the guard properly loaded.
HIS LAST MOMENTS.
A clergyman —- was with the prisoner, who displayed no emotion. General Wadsworth then went to the men who were to perform the duty of execution, and spoke to them in regard to the disagreeable nature of the duty to be performed — the shooting of a comrade — and urged them, as a matter of humanity, to take good aim.
The General then returned to the right, Colonel Morrow to the left. The guard was then withdrawn, and the Provost Marshall, Lieutenant Rogers, took the prisoner to the coffin, upon which he was seated, his eyes blindfolded, his hands tied behind him, his knees tied together and his breast bared.
All having retired, except the executions and the Provost Marshal, the order to take aim was given. Before the order to fire was given two pieces were discharged, but without effect.
At the order to fire, the remainder of the men — ten in number — fired. The prisoner fell backward, and the Provost Marshal went up to him. He struggled for an instant, and then all was over.
An additional detail from the Pioneer corps were called up and began to dig the grave, and the division marched off in perfect order, much impressed by the solemn scene which they had witnessed.
You can read all about this hecatomb and its aftermath on this very thorough and impressive website dedicated to the atrocity, from which much of the information in this account is drawn.
The tiny village, which you could walk through in all of ten minutes, had been the victim of mistaken identity.
Twenty miles away was a somewhat larger town with a similar name, Oradour-sur-Vayres, which was known for its Resistance activity. Adolf Diekmann, commander of the SS battalion, had been informed that the French Resistance had captured an SS officer (possibly the kidnapped Waffen-SS Sturmbahnfuhrer Helmut Kampfe, who had been executed by the Resistance earlier that same day) in Oradour-sur-Vayres and decided reprisals were needed, but he got the two villages mixed up and went to Oradour-sur-Glane instead.
When the SS arrived in the village at lunchtime, they ordered all the inhabitants to assemble in the fairground to have their papers checked. Everyone had to come, including children and the sick. Six people who were not residents but happened to be in the village at the time were also sent to the fairground.
Twenty villagers who had some compelling reason to avoid the Nazis, or merely had a bad feeling about the whole thing, hid or left the village as soon as the SS division showed up. These twenty survived. One seven-year-old boy, Roger Godfrin, was spotted and shot at, but survived by playing dead. He was the only survivor in his family, and the youngest survivor from the town.
The women and children were locked in the village church, and the men were lead to barns and sheds where the machine guns were set up. They were shot in their lower bodies and legs, in order to prolong their deaths. One of the men, who’d lost a leg in World War I, supposedly cried out, “Those bastards! They have cut my other leg off!”
After the shooting, as the men of Oradour-sur-Glane lay helpless, the SS men locked the sheds and set them on fire.
Only six men were able to escape. They hid in some rabbit hutches for several hours before attempting to escape the village. Five of them made it, but Pierre-Henri Poutaraud was spotted later that day and shot dead. The SS man who shot him then tethered a horse to Poutaraud’s outstretched hand.
In all, 190 men were killed.
The SS division then went back to the church, set off a smoke bomb inside it, and set the building on fire. Anyone who tried to get out of the church was machine-gunned. One woman cried out that she was German, not French, and begged to be released, but the SS shoved her back into the flames.
47-year-old Marguerite Rouffanche was able to slip out the back window, and another woman followed her with her seven-month-old baby, but all three of them were shot and only Marguerite survived, hiding in a garden for more than 24 hours until help arrived. Her two daughters were killed. (Marguerite refused to leave Oradour after the massacre. She remained there for the rest of her ninety-one years and is now buried in the village cemetery.)
The church fire and shootings claimed the lives of 247 children and 205 women.
Children from the village’s girl’s school, in the 1942-1943 school year. All of these girls were killed in the massacre.
Unbeknownst to the Nazis, there were several Jews living in the village, among them five children between the ages of eight and fifteen. Twelve of them were killed. In the case of a Jewish family called Pinede, the parents decided to present themselves for inspection but told their three children to hide. The children survived; their parents did not. One of those three Jewish survivors was still alive as of 2004.
Several days passed for the 26 survivors were permitted to bury their dead. Only 52 of the bodies could be identified; the other ones were burned too badly to be recognizable.
Collective punishment in reprisal for the actions of others was par for the course in Nazi-occupied Europe, and Adolf Diekmann had directed his unit to commit a number of mass shootings. Even so, he didn’t have authorization for the bloody events at Oradour-sur-Glane and his commanding officer requested for a court-martial, saying, “I cannot allow the regiment to be charged with something like this.” Field Marshal Erwin Rommel supposedly volunteered to preside over the court-martial himself.
But before that could happen, the war took care of Diekmann: he was killed on the Normandy front on June 19, hit in the head with shrapnel, a mere nine days after his last atrocity. The front, in fact, took care of most of his unit: only 65 of the 200 members survived the war.
In 1953 in Bordeaux, a military tribunal convened to hear the case against the surviving members of the 2nd Panzer Division. Only 22 of them were present in the courtroom; the others were in East Germany, which refused to extradite them. All but one said they’d been conscripted into the SS; one of them admitted he’d joined voluntarily to fight Communism.
To further complicate matters, 15 of the defendants present were actually French nationals of German descent, from Alsace-Moselle, and 14 of them claimed they’d been drafted against their wishes.
(After they conquered France, Germany declared inhabitants of Alsace to be German citizens whether they wanted to be or not, and drafted the region’s men. The conscripts were known in France as Malgre-nous, meaning literally “despite ourselves.”)
In addition, eight of the French defendants had been under the age of 18 when they were drafted into the SS, making them minors under French law. Many French people, including some of the survivors of Oradour-sur-Glane, viewed the Alsatian conscripts as fellow-victims of Nazi Germany and didn’t believe they should be held responsible for their actions.
Most of the defendants were cagey.
They implicated each other, but not themselves, admitting to some specific offenses but denying other, far more serious ones. One man, for example, said he’d been part of an execution squad that shot 20 men, but insisted he’d only helped load the machine guns and hadn’t personally shot anyone. Another said he hadn’t been in Oradour-sur-Glane at all, but was stationed as a sentry outside the village to prevent escapes. Only one of the defendants had admitted to killing anyone at all prior to the trial.
Twelve members of the victims’ families came to watch the trial proceedings, including an eight-year-old girl whose father and grandfather had been killed. Marguerite Rouffanche was ill at the time of the trial and very weak, but she showed up anyway and testify about her experience. Roger Godfrin, the little boy who played dead, also testified.
The tribunal’s judge demanded the defendants view photographs of the charred corpses of the victims, saying, “Let them look at the glorious work of the valiant Third Company of Der Führer Regiment.”
When the prosecutor summed up the case, he referred to the defendants’ evasive statements and said, “You might as well say despite the heaps of ashes and ruins, that the massacre never took place. But the people of Oradour are dead.”
The tribunal deliberated for thirty-two hours before returning its verdicts. One of the defendants was able to prove he hadn’t been in Oradour-sur-Glane the day of the killings, and was acquitted. The rest were convicted.
The 46 members of the SS unit who hadn’t shown up for trial were sentenced to death in absentia, as was one of the German nationals and one of the French. The others got various prison sentences, mostly between five and eight years, none exceeding twelve years. The Germans tended to get longer prison terms than the French. In addition, the Germans were prohibited from residing in France for at least twenty years.
Survivors of the Oradour-sur-Glane massacre.
No one in France was happy with the tribunal’s ruling: some said the sentences were too harsh, others, too lenient. In the face of widespread protests from the Alsace area and threats to secede from France, the French National Assembly passed a bill granting amnesty to all Malgre-nous (at a vote of 319 to 211, with a whopping 83 abstentions) and 13 of the 14 Frenchmen were released only eight days after the verdict was rendered. (One of them, the one who had volunteered for the SS, got no sympathy from anyone and no such leniency.)
Germany was upset, saying it was unfair to pardon the French SS but not the Germans. But within five years, everyone had been freed. No one was actually executed.
In 1981, East German authorities tracked down Heinz Barth, a second lieutenant in the 2nd Panzer Division, and put him on trial in their country for his role in the Oradour-sur-Glane Massacre.
He never tried to deny his participation in the attack, and used the old “just following orders” defense, saying, “In war one acts harshly and with the means available.” Barth admitted he helped round up the village men and personally shot fifteen times into the crowd. He also acknowledged responsibility for the deaths of nearly 100 people in Czechoslovakia.
Barth was convicted in 1983 and sentenced to life in prison. In 1991, still behind bars, he was awarded a pension as a “war victim” because he’d been wounded in Normandy in August 1944 and lost a leg. The resulting howls of protest led the government of a newly reunited Germany to pass a law stripping convicted war criminals of their pensions.
Barth was released from prison in 1997, and managed to finagle his war pension back somehow. He died of cancer ten years later, at the age of 86.
Marguerite Rouffanche died in 1988. Her fellow-survivor Roger Godfrin died in 2004.
The survivors of Oradour-sur-Glane created a new village after the war, but the burned-out ruins of the old village remain, with rusted cars, sewing machines, bicycles and other personal items lying in plain sight on the street, a grim testimony to what happened there nearly seventy years ago.
On this date in 1921, Great Britain hanged one of its own paramilitaries in Ireland. William Mitchell was, in fact, the only member of the reviled Black and Tans executed during the Irish War of Independence.*
Was Mitchell hanged for political expediency? Did he even commit the murder for which he stood condemned?
Kelly was kind enough to talk with Executed Today about exhuming a dead soul.
ET: What led you to take an interest in this hanging?
DJK: A third cousin of mine, who shares my interest in family history research, asked me to help her verify her late father’s claim that they were related to a Black and Tan who had been hanged for murder.
I knew that the ‘Tans’ were temporary policemen recruited in England from ex-combatants of The Great War and sent to Ireland to bolster the ranks of the beleaguered Royal Irish Constabulary during the Irish War of Independence. It took me no time at all to discovered that only one Black and Tan — indeed only one member of the entire British Crown Forces — had been executed during that conflict, and that indeed he shared a surname with my cousin.
However, I could find only the briefest of mentions of him in any accounts of that bitter struggle for Ireland’s freedom. It took me and my cousin two years to track down the elusive official case papers, to establish exactly who Mitchell was, and to tell his hitherto untold story. To date however, we still have not established a firm link with my cousin’s family.
The Black and Tans are of course still notorious in Ireland and elsewhere. In this book you’re complicating their story quite a bit, making at least this one Tan a sympathetic character. What sort of audience reception has Running with Crows had? Do you find there’s a lot of resistance to the story you have to tell? For that matter, did you have any misgivings to overcome in writing it?
You are right about their notoriety. The ‘Tans’ were bored, drunk and indisciplined during the short period of their service in Ireland. They were also poorly managed and allowed to run amok, robbing and assaulting the Irish population. There is no evidence however to support the popular myth that they included a greater number of criminals than has any police force before or since. They were disillusioned and battle-hardened men who were unable to find employment back in the ‘land fit for heroes’.
Ironically, one lone reviewer of my book has accused me of not making Mitchell sympathetic enough. It was not my intention though to create sympathy for this flawed and tragic man or to turn him into a folk hero. However, whilst I do not think he was the most honourable of men, I am not persuaded he deserved to hang.
I was indeed wary of uncovering this controversial case, especially as folks in Ireland, my own relatives included, are still sensitive and emotional about the events of the 1920s. The accepted view is that the old IRA were the heroes and the ‘Tans’ were the baddies. Few people realise however that at least a quarter of the Black and Tans were Irishmen, as indeed was Mitchell. However, I am delighted to have received highly positive reviews, from ‘both sides of the divide’, that is from an IRA re-enactment group as well as from supporters and historians of the Royal Irish Constabulary. Moreover, a theatrical production company, based in the town where the murder took place, and where people still remember and sympathise with the murdered magistrate’s family, has adapted my book to a stage play, which will debut there on 15 June at the Dunlavin Arts Festival. They have also kindly invited me to hold an author talk at the festival on the 16th June.
William Mitchell was hanged for killing a magistrate named Robert Dixon. Who was Robert Dixon and why was he a target during the war?
Robert Gilbert Dixon was an Anglo-Irish gentleman; a gentleman farmer who acted as an auctioneer at the local livestock auctions and who served as a district magistrate on the local circuit. He and his wife were descended from noble and philanthropic English forebears, and indeed Robert Dixon was respected in his community for his generosity shown both to his neighbours and to the police.
During the conflict though, both magistrates and police were viewed by the Nationalists as instruments of the occupying power (the British) and as such were prime targets for assassination by the IRA. Dixon’s murder was not a political killing however. He was shot dead, and his war hero son seriously wounded, during the course of a robbery at his home.
This post-war era saw the erosion of the class system and marked the beginning of the end for ‘the old order’. Socialism was gaining popularity and the working classes were shrugging off the idea that they should ‘know their place’. The awful loss of life, mainly through mis-management of the war, meant that many had lost respect for, and indeed were resentful of, the privileged classes. A truce was now imminent in Ireland and so the ‘Tans’, who were being paid per day what the regular Irish constables earned in a week, saw their lucrative employment coming to an end, and meanwhile, in Dunlavin, the Dixon family were conspicuously wealthy …
Coming at last to the main character here, who was William Mitchell? Why was he serving in the Black and Tans, and why did he end up at the end of a noose?
Contrary to what some commentators on the conflict have written, Mitchell was not English but Irish. He was a Dublin-born former professional soldier, who had served King and Empire, both in India and in the trenches of the Western Front. He was the son of Joseph Mitchell, a London-born soldier; a respectable man who had fought in the Boer War and who had married a Dublin Protestant girl.
Another myth, that of the privileged position of those in the ‘Protestant ascendancy’ in Ireland, is dispelled by William Mitchell’s impoverished upbringing in Dublin’s Monto district, which was not only Ireland’s, but indeed Europe’s, biggest slum and red-light district. William Mitchell was a man who did not respect authority — some might say, with good reason. When two masked intruders forced their way into the Dixon household and killed the magistrate during a bungled robbery, and when one of the ‘Tans’ shot himself dead at the local barracks the following day, it was believed the dead ‘Tan’ was the shooter, and so Mitchell was then arrested as his accomplice.
This hanging occurred just as London was determining to wind things down in Ireland; later that June, Prime Minister Lloyd George proposed peace talks. As a political sop, how important domestically within Ireland was William Mitchell’s execution in June 1921? Did it even register? Had he been spared, would that have affected at all the progress towards a truce?
Ah, you have put your finger on the nub of the issue.
As ill-disciplined and unruly as the temporary constables were, there was another arm of the Black and Tans which was far more undisciplined. The Auxiliaries were demobilised officers who had been engaged ostensibly to act as an officer cadre for the temporary constables but who had instead formed themselves into hit squads and set about abducting, torturing and killing suspects without due process of law. It was the Auxiliaries who were identified with some of the worst atrocities of the conflict, including the destruction of whole villages and towns and even of the murder of the mayor of Cork.
Several Auxiliaries had been tried for murder but acquitted, usually because crucial prosecution witnesses had ‘disappeared’. One indicted auxiliary, who was a decorated war hero, but most likely also a psychopath, and was head of the self-designated ‘murder squad’ based in Dublin Castle, was facing his second murder trial. By April 1921, the world’s press were united in condemning the British administration in Ireland for letting loose this uncontrolled ‘pseudo gendarmerie’ upon the Irish population. The number of Republicans who would be executed would run to two dozen, yet thus far, no member of the British Crown Forces had been convicted for any atrocity.
The Americans and the heads of the Commonwealth nations were demanding fair play. The British public were revolted by the way the conflict was being managed and now no less a personage than King George V stepped into the arena and demanded that Lloyd George‘s government show even handedness in the way it dealt with both rebel and law enforcer. Another acquittal was fully expected in the trial of the twice-tried Auxiliary, who had carried out his grisly and murderous duty on behalf of his government, but then along came the hapless Constable Mitchell, a ‘difficult’ Irishman who had allegedly killed, not an Irish rebel, but a magistrate; an Englishman and a representative of the establishment.
The outcome in the April trial of the Auxiliary, whose defence costs (equating in today’s values to £17,600) were met from the personal funds of Hamar Greenwood, Chief Secretary for Ireland, was an acquittal, as expected.
Mitchell’s swift trial a couple of days later, by court martial (so no right of appeal) attracted little publicity. He went stoically to the scaffold, leaving behind him a 23-year-old widow and a seven-week-old baby daughter.
Political events moved fairly swiftly thereafter, so it is hard to judge whether his execution had much effect on the progress of Ireland’s achieving independence. The focus of public attention was taken up next with the internal struggles leading up to the Civil War. It seems Mitchell’s execution had little effect in the grand scheme of things.
So, did Mitchell kill the magistrate? Was he even present at the crime scene or was he a sacrificial lamb, slaughtered to offset criticism of Lloyd George’s administration in Ireland? I have presented all there is to know of this man’s life and death, as found in his military and police records, trial transcripts etcetera, and whether or not he killed the magistrate for whose murder he was hanged, or whether this was an awful miscarriage of justice, I leave for the reader to judge.
What happened to Mitchell’s family afterwards? And all these years later, what do the descendants think about their ancestor’s execution, and about the work you did with it?
I felt I could not let Mitchell’s story end with his execution. Since this is a novel closely based on a true and tragic story, I felt the reader would want to know what happened next. I know I certainly did, so I continued my research, and my narrative, to recount what had happened to many of the players in the story, and this may be found in the book’s epilogue.
Mitchell’s baby daughter lived into her nineties, always believing her father had died a hero in the course of his police service. Her respectable and courageous widowed mother did not want her little girl to grow up with any sort of stigma. Other family members knew of Mitchell’s fate however. When I tracked down his living descendants, I was cautious of the sensitivities surrounding my exposing Mitchell’s history. However, the family were keen for the full story to come out, and moreover they provided me with photographs of Mitchell, for which I am most grateful, as they enabled me to put a face to a man who hitherto had been simply a statistic.
This is not the end of the Mitchell story, however. His mortal remains (which are amongst the few still buried within the precincts of Dublin’s Mountjoy Gaol) will one day be exhumed when planned re-development of the gaol is commenced. When that day comes, my cousin and I will press for his re-interment in a local cemetery. Mitchell may not warrant the hero’s funeral accorded the Republicans who have all be disinterred from Mountjoy, but I believe he deserves at least a Christian burial.
The young man striking the dramatic pose is Stjepan Filipovic, an anti-fascist partisan hanged in the city of Valjevo by the Serbian State Guard, a collaborationist force working with the Axis occupation of Yugoslavia.
Filipovic is shouting “Death to fascism, freedom to the people!” — a pre-existing Communist slogan that Filipovic’s martyrdom would help to popularize. Smrt fašizmu, sloboda narodu! … or you can just abbreviate it SFSN!
In the city where Filipovic died, which is in present-day Serbia, there’s a monumental statue in his honor replicating that Y-shaped pose — an artistically classic look just like our favorite Goya painting, poised between death and victory.
Filipovic was a Communist so we’re guessing that he would not have had a lot of truck with the ethnic particularism that’s latterly consumed the Balkans. Times being what they are, however, the national hero to Tito’s Yugoslavia has become a post-Communist nationalist football.
That Valjevo monument — it’s in Serbia, remember — calls him Stevan Filipovic, which is the Serbian variant of his given name. But as Serbia is the heir to Yugoslavia, he at least remains there a legitimate subject for a public memorial. Filipovic himself was Croatian, but his legacy in that present-day state is a bit more problematic: in his native town outside Dubrovnik, a statue that once commemorated Filipovic was torn down in 1991 by Croat nationalists; its vacant plinth still stands sadly in Opuzen. (Opuzen’s film festival, however, awards its honorees a statuette replicating the destroyed monument.)
On this date in 1863, two men were shot* on the beach at Johnson’s Island in Lake Erie, site of a Civil War prison. Their crime: recruiting for the Confederate army behind Union lines.
After a short-lived attempt to maintain a posture of “armed neutrality”vis-a-vis the Civil War combatants, Kentucky became the uncertain and bloodilycontested frontier march between the rival governments.
With the 1862 invasions of Kentucky by armies North and South, sides had to be chosen. Corbin enlisted with some local militia mates in the Confederate army; after wintering in Virginia, he was dispatched back to his native Campbell County, Ky. — now under Union control — to beat the bushes for more Confederate enlistees. With him was another Campbell County native son now serving in the Southern army, Jefferson McGraw.
In April 1863, a Union patrol out hunting Confederate guerrillas accidentally caught wind of the recruiters’ activities and followed McGraw to the Rouse’s Mill safe house where he was to rendezvous with the waiting Corbin.
Several days after the recruiters’ capture, Union Gen. Ambrose Burnside issued General Order 38, threatening the death penalty for “all persons found within our lines who commit acts for the benefit of the enemies of our country.” This order explicitly compassed “Secret recruiting officers within our lines.”
This book has a chapter about the Corbin-McGraw case.
General Order 38 was viewed as targeting “Copperheads” and other anti-war northern agitators — and it almost immediately resulted in the arrest of Ohio Democrat Clement Vallandigham** — but it was the less august Corbin and McGraw who paid the heavier penalty.†
Again, General Order 38 postdated Corbin and McGraw’s arrest. They had expected, and perhaps were even directly assured by their captors, to be treated as regular prisoners of war. On the other hand, Order 38 aside, these men were undoubtedly working covertly behind Union lines, and risked harsher treatment on that basis alone.
At any rate, the two were condemned to die by a military commission in Cincinnati for violating Order 38 by recruiting behind Union lines. Neither Gen. Burnside nor Abraham Lincoln himself — who were both besieged by petitions for clemency — would consent to spare them.
Corbin, who was a church elder in his home environs, led a prayer service for guards and inmates alike at the prison chapel on the morning of his execution. Writing 34 years later, a witness recalled the moment:
That scene, and the words which fell from his lips on that occasion, are indelibly stamped on my memory …
After reading and prayer by Captain Corbin, he said, in part, speaking of himself, that “life was just as sweet to him as any man, but if necessary for him to die in order to vindicate the law of the country, he was ready to die, he did not fear death; he had done nothing he was ashamed of; he had acted on his own convictions and was not sorry for what he had done; he was fighting for a principle, which in the sight of God and man, and in the view of death which awaited him, he believed was right, and feeling this he had nothing to fear in the future.” He closed his talk by expressing his faith in the promises of Christ and his religion.
To see this man, standing in the presence of an audience composed of officers, privates, and prisoners of all grades, chained to and bearing his ball, and bearing it alone, presenting the religion of Christ to others while exemplifying it himself, was a scene which would melt the strongest heart, and when he took his seat every heart in that audience was softened and every eye bathed in tears.
After Corbin and McGraw were shot, two Union prisoners of war in Confederate custody were selected by lot for a retaliatory execution. With some diplomatic maneuvering (and a Union threat to retaliate for the retaliation by executing Robert E. Lee’s captured son), they managed to avoid that fate. (One of these men almost executed in retaliation, Henry Washington Sawyer, went on after the war to build the still-extant Chalfonte Hotel in his hometown of Cape May, N.J.)
* Corbin and McGraw were set up for execution seated on the edges of their own coffins, so that the force of the firing detail’s barrage would knock them conveniently back in. That’s efficiency.
** General Order 38 also resulted in the arrest of an Indiana legislator named Alexander Douglas. Douglas beat these charges thanks to the energetic defense mounted at the tribunal by his neighbor, attorney Lambdin P. Milligan … and the fame thereby falling to the latter man would eventually help to fix his own name into the jurisprudential firmament as the subject of the landmark Supreme Court ruling Ex parte Milligan. For more background, see this pdf.
† Nobody else was ever executed under General Order 38.
On this date in 1945, five days after the Germans had surrendered to the Allies in World War II, two deserting sailors were shot at Amsterdam.
Dorfer (top) and Beck.
The strangest thing: Bruno Dorfer and Rainer Beck were deserters of the Wehrmacht’s Kriegsmarine … and they were shot by a court-martial conducted by the Wehrmacht itself.
This surprising and shameful story is told in full by Chris Madsen in “Victims of Circumstance: The Execution of German Deserters by Surrendered German Troops Under Canadian Control in Amsterdam, May 1945,” a 1993 Canadian Military History journal article available online in pdf form.
Basically, a pocket of fortified German resistance remained hunkered down in the Netherlands as the war approached its close. That force of 150,000 surrendered to a much smaller number of Canadians on May 5 on terms that maintained German responsibility for administering its armed forces and the civilian areas under its control — a highly anomalous situation in an occupied country as the Third Reich winked out of existence altogether.
Canadians and Germans, according to Madsen, enjoyed a collegial relationship as the Canadians gradually took German forces into custody … or received German forces who helpfully marched themselves into custody. But even under guard, these “imprisoned” Germans still retained significant autonomy and a German command structure that Canadians were loath to interfere with — an arrangement so expedient that it severely tested the bounds of propriety. So invested were the Canadians in maintaining their opposite numbers’ unit cohesion* that they handed some deserters (and plenty of men were deserting the German army) back over to the nominal prisoners!
Rainer Beck had been deserted for the best part of a year: the son of a Social Democratic father and a Jewish mother, he’d ditched harbor defense the previous September and had been laying low with his sister in Amsterdam. Bruno Dorfer was a more recent deserter. They naturally assumed that with the Canadian takeover, they’d be good to go: they turned themselves in to Canadian soldiers with an eye towards regularizing their status.
They were in for quite a surprise, as Madsen relates:
Major Oliver Mace, acting commanding officer of the Canadian regiment, ordered Major J. Dennis Pierce, the company commander in charge of the former factory [where the German prisoners were being held], to place the two deserters inside the compound because “they were certainly Germans and we had no other place to put them.” …
At 1005 hours on 13 May 1945, Pierce informed 2 Canadian Infantry Brigade of the intended German course of action: “German Marine deserters being tried this morning. German Commander intends [to] shoot them.” The German camp leadership established a Standgericht or a court martial within the camp … [and] brought Dorfer and Beck before three officers, a team of military lawyers “whom Pierce himself had ‘put in the bag’ in the streets of Amsterdam earlier in the week.” [Fregattenkapitan Alexander] Stein regarded the proceedings as a show trial for his authority. At the insistence of the German naval commander, the entire camp population witnessed the event. A parade state, taken earlier that morning, counted 1,817 German marines inside the camp. The two accused, represented by a German military lawyer, underwent rigorous cross-examination before this large staring crowd … Oberleutnantnginieur Frank Trmal, a young German officer present at the fifteen-minute trial, remembered Beck’s defense:
For some reason Beck, who was older, decided to defend himself and told the court that we (the Germans) all knew several weeks ago the war was all over for us and that it was a matter of time before we surrendered. He told the captain and the court that any further fighting by us against the Canadians would be senseless bloodshed. With this the captain jumped to his feet in a rage, screaming at Beck that he was calling all of us, his comrades, and his officers, murderers. It is something that I will never forget.
After the inevitable-yet-incredible conviction, Stein appealed to his Canadian guards for a bit of comradely assistance in carrying out the court-martial’s order.
The Seaforth Highlanders obligingly delivered up eight captured German rifles with ammunition, plus a heavy truck to help their “prisoners” execute their deserters. A Canadian military cable testifies in its clipped and plaintive language to the egregious moral vacuum afflicting the chummy occupation: “German marines in Amsterdam have picked up some of their own deserters. They have been tried by military law and sentenced to be shot. May they do this.”
The answer was determined not by any senior Canadian officer, but by the German high commander who had surrendered the Dutch pocket the week before, Johannes Blaskowitz. It was on his approval that Dorfer and Beck were shot against an air raid shelter wall at 1740, not eight hours after their bizarre public trial.
When the story surfaced publicly in 1966 as a result of Der Spiegel investigations, Stein was unrepentant. “Beck would never have been a credit to Germany anyway,” he told the Globe and Mail (Oct. 28, 1966). “Deserters only turn into criminals in civil life too.”
This execution is dramatized in the 1969 Italian-Yugoslav film Dio è con noi (The Fifth Day of Peace, also released as Gott mit Uns and The Firing Squad).
* Conceivably as part of a policy to have Wehrmacht troops in readiness in case the western allies segued directly into war with the Soviet Union. Jacques Pauwels writes in The Myth of the Good War: America in the Second World War:
it is a fact that many captured German units were secretly kept in readiness for possible use against the Red Army. Churchill, who not without reason had a high opinion of the fighting quality of the German soldiers, gave Field Marshall Montgomery an order to that effect during the last days of the war, as he was to acknowledge publicly much later in November 1954. He arranged for Wehrmacht troops who had surrendered in northwest Germany and in Norway to retain their uniforms and even their weapons, and to remain under the command of their own officers, because he thought of their potential use in hostilities against the Soviets. In the Netherlands, German units that had surrendered to the Canadians were even allowed to use their own weapons on May 13, 1945, to execute two of their own deserters!
On this date in 1937, the Italian anarchist Camillo Berneri was kidnapped from his home by in Barcelona by armed paramilitaries. Berneri was shot that night.
Berneri (English Wikipedia entry | Spanish | timeline) had once been a University of Florence professor, but was forced into exile for opposing the fascist conquest of power in Italy.
When a coup threatened a similar right-wing conquest of power in Spain, Berneri organized the first column of Italian volunteers to oppose it.
International brigades poured into Spain to fight for the Republican government, but not everybody in the “popular front” was on the same side — a fact which became horrifyingly clear during Barcelona’s “May Days”, a week of internecine bloodletting in Republican Catalonia.
Anarcho-syndicalists of the CNT party and anti-Stalinist communists of POUM were the ones whose blood was mostly let; indeed, it might better be called a purge. The Moscow-backed Communist Party opposed the power of its putative comrades as much as or more than that of Franco. During the May Days, the Communists’ Catalan ally, a party called the PSUC, essentially took over Barcelona with the help of thousands of Assault Guards and killed, arrested, or dispersed the anarchists and Trotskyites.
Berneri clearly saw it coming, quoting Pravda in an April 1937 letter to the anarchist Health Minister criticizing his participation in the Popular Front government: “As for Catalonia, the purging of Trotskyist and anarcho-syndicalist elements has begun; this work will be carried out with the same energy with which it was done in the USSR.”
The British writer George Orwell served in a POUM unit, and the last third or so of his Spanish Civil War memoir Homage to Catalonia attempts to make sense of the chaotic scene.
Smitten when he arrived in Barcelona the previous December — “the first time that I had ever been in a town where the working class was in the saddle”* — the writer scoffed at the Communists’ official justification that anarchists and friends were a “counter-revolutionary” element, or even in actual league with their nationalist enemies.
It seemed queer, in the barber’s shop, to see the Anarchist notice still on the wall, explaining that tips were prohibited. ‘The Revolution has struck off our chains,’ the notice said. I felt like telling the barbers that their chains would soon be back again if they didn’t look out.
I wandered back to the centre of the town. Over the P.O.U.M. buildings the red flags had been torn down, Republican flags were floating in their place, and knots of armed Civil Guards were lounging in the doorways. At the Red Aid centre on the corner of the Plaza de Cataluña the police had amused themselves by smashing most of the windows. The P.O.U.M. book-stalls had been emptied of books and the notice-board farther down the Ramblas had been plastered with an anti-P.O.U.M. cartoon — the one representing the mask and the Fascist face beneath.
Down at the bottom of the Ramblas, near the quay, I came upon a queer sight; a row of militiamen, still ragged and muddy from the front, sprawling exhaustedly on the chairs placed there for the bootblacks. I knew who they were — indeed, I recognized one of them. They were P.O.U.M. militiamen who had come down the line on the previous day to find that the P.O.U.M. had been suppressed, and had had to spend the night in the streets because their homes had been raided. Any P.O.U.M. militiaman who returned to Barcelona at this time had the choice of going straight into hiding or into jail — not a pleasant reception after three or four months in the line.
Also a fighter of the liquidated POUM, Orwell too was proscribed: he had a job to make it out of Barcelona without winding up in someone’s dungeon or firing range. His disgust with what revolutionary Barcelona had come to would help to inform his subsequent anti-Soviet literary efforts.
Berneri, too, was an outspoken anti-Communist. Long a major intellectual in the anarchist camp, he was clearly targeted by name, and hauled from his house along with his brother-in-law Francesco Barbieri by a death squad. Their bodies turned up riddled with bullet holes the next morning.
There’s a collection of Berneri’s writings in English translation here, including one piece dated to the very day of his disappearance; also see this pdf of Berneri’s work. He was survived by his daughter, Marie-Louise Berneri, who herself became a noted anarchist activist of the 1940s.
* Orwell on Barcelona circa December 1936: “Practically every building of any size had been seized by the workers and was draped with red flags or with the red and black flag of the Anarchists; every wall was scrawled with the hammer and sickle and with the initials of the revolutionary parties; almost every church had been gutted and its images burnt … Waiters and shop-walkers looked you in the face and treated you as an equal. Servile and even ceremonial forms of speech had temporarily disappeared. Nobody said ‘Señor’ or ‘Don’ or even ‘Usted’ … Tipping was forbidden by law … revolutionary posters were everywhere, flaming from the walls in clean reds and blues that made the few remaining advertisements look like daubs of mud. Down the Ramblas, the wide central artery of the town where crowds of people streamed constantly to and fro, the loudspeakers were bellowing revolutionary songs all day and far into the night. And it was the aspect of the crowds that was the queerest thing of all. In outward appearance it was a town in which the wealthy classes had practically ceased to exist. Except for a small number of women and foreigners there were no ‘well-dressed’ people at all. Practically everyone wore rough working-class clothes, or blue overalls, or some variant of the militia uniform. All this was queer and moving. There was much in it that I did not understand, in some ways I did not even like it, but I recognized it immediately as a state of affairs worth fighting for.”
On this date in 998, Crescentius the Younger was beheaded in Rome.
In the abject Eternal City, sacked and scattered and plucked of its glories, even the title of Roman Emperor now belonged to a line of absentee Germans — “neither holy, nor Roman, nor an Empire,” as Voltaire would later put it. But empire enough to push around the likes of Rome.
Rivalry between imperial and anti-imperial factions will write the city’s history for centuries to come. In the late 10th century, the 28-year-old emperor Otto II died unexpectedly, elevating his three-year-old son Otto III.
Anti-imperial Romans moved to capitalize on the turmoil, and Crescentius the Younger (his dad had the same name) raised himself up as the master of the city.
He was fruit of the the Crescentii family,* who attained their first rank in Roman politics a century before thanks to the propitious concubinage of a woman named Theodora and “her equally infamous daughters Marozia and Theodora, [who] filled the See of Peter with their paramours, their sons, and grandsons, who surpassed each other in vileness and wickedness of every kind.” (Johann Heinrich Kurtz) The fulminations of scribes against these libidinous, Machiavellian women** would eventually suggest to the history discipline one of its all-time best periodizations, the pornocracy. Sticks and stones, love: their lineage cast a long shadow on the Tiber throughout the 10th century.
Our guy Crescentius took the title Patricius Romanorum and bossed the town for a number of years in the late 980s and early 990s. There wasn’t much the Holy Romans and their boy-emperor could do about the scion of pornocrats.
But by 996, Otto III was all grown up to age 16, and marched down the Italic boot to set things straight in the Caput Mundi.
Temporarily cowed, Crescentius had to accept the appointment of Otto’s guy, Pope Gregory V, who then generously begged off an intended sentence of banishment for Crescentius, in the interests of comity.
Crescentius thanked the new pope, once Otto left town, by running Gregory out of Rome and setting up his own antipope and himself once more as big man on Campo Vecchio. Rome could not hope to match blows with the Germans, so the big idea here for Crescentius was to deliver his city to Byzantine protection; to this end, his antipope was Greek. Constantinople, however, was by this time much too weak in Italy for Crescentius to entertain realistic hope of success.
This in turn led Otto to re-invade in 997-998, and re-depose Crescentius, who retreated to the Castel Sant’Angelo. While Crescentius holed up there, his antipope was blinded, mutilated, and degraded out of the clergy, driven backward on an ass (literally ass-backward!) through the streets to the derision of the mob.† Certain of his control, the emperor set about restoring his authority while the friendless Patricius Romanorum and his followers cooled their heels in their dead-end fortress for two months.
Exactly how Crescentius came to die is sunken into the Tiber’s murky waters: was he lured from his redoubt by promise of royal clemency, or did he crawl to Otto to beg it? More probable is that the nigh-impregnable edifice was simply reduced over time until the Germans nigh-impregnated it; one version of the upstart’s end has him summarily executed on the battlements, his body thrown down into the moat below only to be dredged up and hung upside down on Monte Mario.
Kusserow had actually been born Lutheran, but his parents became Jehovah’s Witnesses after World War I and raised their eleven children in the faith. Jehovah’s Witnesses, in addition to not serving in the army, also refused to Heil Hitler, since the tenets of their religion required them to make obeisance only to Jehovah.
They were persecuted by the Nazis from the beginning of Hitler’s regime, and by 1935 the religion was banned altogether. The Kusserows, and many others, continued to practice their faith in secret.
During the Nazi era, some 10,000 Jehovah’s Witnesses did time in prisons and concentration camps (where they were required to wear a purple triangle), Wilhelm’s parents and siblings among them. 2,500 to 5,000 died.
The children in Jehovah’s Witness families were taken from their parents and sent to orphanages, foster families or reform schools.
(French Witness Simone Arnold Liebster would write a memoir about the years she spent in institutions as a child because she and her parents refused to renounce their beliefs.)
At Wilhelm Kusserow’s trial, the judge and the prosecutor were apparently reluctant to condemn this young man. They pleaded with him to back down, promising to spare his life if he did so, but Wilhelm refused. Some things were more important to him than life itself.
In his final letter to his family he wrote,
Dear parents, brothers, and sisters:
All of you know how much you mean to me, and I am repeatedly reminded of this every time I look at our family photo. How harmonious things always were at home. Nevertheless, above all we must love God, as our Leader Jesus Christ commanded. If we stand up for him, he will reward us.
Hitler later decided the firing squad was too honorable a death for Jehovah’s Witnesses and ordered that they be decapitated instead. Wilhelm’s younger brother Wolfgang, who had also refused to serve in the army, was executed in this manner in 1942.
On this date in 1945, as Adolf Hitler celebrated his 56th birthday within a Red Army cordon, one of the Second World War’s more tear-jerking little crimes against humanity happened in Hamburg.
Bullenhuser Damm — still to be found today — was a former Hamburg school which fell out of use as World War II progressed, owing to the devastation Allied bombings wrought on the surrounding area.
The school itself sustained little damage, however, which eventually facilitated its appropriation as a satellite building for the nearby Neuengamme concentration camp.
Over at Neuengamme, the SS doctor Kurt Heissmeyer had been conducting a litany of horror medical experiments on 20 Jewish children — mostly from Poland — culled from the concentration camps, seeking medical evidence for Nazi racial theories further to a cushy professorship. But as April 1945 was obviously endgame for the Third Reich, thoughts naturally turned to disposing of evidence of indictable offenses.
Photos of the eventual Bullenhuser Damm victims showing their surgical scars after Heissmeyer injected them with tuberculosis.
Bullenhuser Damm was just the place for disposal.
On April 20, the 20 kids were loaded up on trucks with their four adult caretakers — two French, two Dutch — plus six Soviet prisoners of war.
At Bullenhuser Damm, the kids were parked in a room and hung out, blissfully ignorant of their danger. “They had all their things with them — some food, some toys they had made themselves, etc,” physician Alfred Trzebinski later recalled at his own trial. “They sat on the benches and were happy that they had gotten out. They didn’t suspect a thing.”
In the next room, the 10 adults were being hanged.
According to Admitting the Holocaust, Trzebinski was impressed with his own compassionate use of this bit of down time: he generously gave the children morphine shots to sedate them before their own executions. Or rather, their murders … since the doctor could not but agree that “you cannot execute children, you can only murder them.”
I must say that in general the children’s condition was very good, except for one twelve-year-old boy who was in bad shape; he therefore fell asleep very quickly. Six or eight of the children were still awake — the others were already sleeping … Frahm [an orderly] lifted the twelve-year-old boy and said to the others that he was taking him to bed. He took him to a room that was maybe six or eight yards away, and there I saw a rope already attached to a hook. Frahm put the sleeping boy into the noose and with all his weight pulled down on the body of the boy so that the noose would tighten. (Trzebinski, again)
The other 19 children were disposed of in like manner, and then all 30 corpses cremated overnight … just in time for what must have been a much-needed 5 a.m. coffee.
After the war, the facility went back to use as an actual (creepy!) school, but it was eventually renamed Janusz Korczak School, for a Polish-Jewish educator gassed with his young charges at Treblinka. There’s a permanent exhibition (German) at the site, as well as a memorial rose garden with a variety of plaques commemorating the victims of Bullenhuser Damm.
Trzebinski’s take on his conduct this horrible night might have been good enough for his conscience, but it didn’t pass muster with his judges: he was hanged on a war crimes rap prominently including Bullenhuser Damm on October 8, 1946. Kurt Heissmeyer, however, avoided detection until 1959 and only received a long prison sentence in 1966, shortly before his death.
Berneri (
A 
