Category Archives: Where

1915: Peter Sands, home leave

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Irish lance corporal Peter Sands was shot as a deserter one hundred years ago today at Fleurbaix, near Armentières.

Sands, a nine-year veteran age 26 or 27, left the Royal Irish Rifles with another soldier on a home leave pass in February 1915 and returned to his family in Belfast.

Sands had a pass for four days. Instead, he stayed for five months — openly living with his wife, and wearing his military uniform, until some unknown busybody turned him in as a deserter that July.

He would tell his court-martial that he had lost his travel documents to return to the horrible front, and had been blown off when he visited a Belfast barracks to see about a replacement. He did not aim to desert, he insisted; “Had I intended to desert I would have worn plain clothes, but up to that time I was arrested I always wore uniform.” It is not so hard to reach Corporal Sands, psychologically — a man perhaps indulging a lethal opiate of denial. Suppose his “desertion” began with a good-faith mishap and thereafter did not last for five months, but just for one day more … day upon day.

He had no pass, so what was he to do next? He stayed in Belfast with his wife and daughter wearing his service duds while he contemplated that question. (Who can say whether he contemplated it in bemusement or terror.) He stayed every day in March, and it became every day in April, and every day in May and June, too. Nobody came for him on any of those days.

Had his war ended, then? Had he somehow slipped the toils of the machine back to a domestic idyll?

Maybe he truly had … but for that anonymous snitch.

Even if it had to be reminded of its prodigal corporal’s absence, His Majesty’s royal meatgrinder expected a little more hustle from its meat than one barracks call in five months: while Sands was at home, his mates had gone out of the trenches in the Battle of Neuve Chapelle (11,000+ British casualties), and the disastrous* Battle of Aubers Ridge (another 11,000+).

His commanding officer “consider[ed] this a bad case of desertion and I recommend that the sentence be carried out.” And it was.

Sands was buried at a nearby churchyard, but his resting-place was lost during the war. He has a marker at Cabaret-Rouge Military Cemetery at Souchez.

* The report of the Times from Aubers Ridge — headlined “Need for shells: British attacks checked: Limited supply the cause: A Lesson From France” — precipitated the “Shell Crisis of 1915”.

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258: St. Cyprian, Bishop of Carthage

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The Christian bishop of Carthage, Cyprian, was condemned by Roman authorities on this date and immediately beheaded.

Not one of your dubious ancient martyrs fogged with legend, Cyprian was a major public figure in his own time; dozens of epistles and treatises of his survive. An epidemic that ravaged the Roman Empire in the 250s and 260s is known from his description of it; hence it is remembered as the Plague of Cyprian.

The real-life Cyprian had different plagues to fight.

The essential challenge of Cyprian’s day — and the one that would see him to martyrdom — was the onset of anti-Christian persecution after the relative tolerance of the 240s. Cranky senator turned general Decius claimed the purple in 249 on a programme of traditional values that included a demand that all* obtain a magistrate’s certificate confirming that they had performed public sacrifice to the pagan gods. We don’t want anyone tempting divine vengeance here.

The Christian community had grown, little molested of late, to encompass many peaceable adherents who were not necessarily prepared to sell their lives over a stick of incense. Now, it fragmented under the Decian persecution — which was applied by different governors with varying levels of severity. Some Christians made the requisite sacrifices; others paid bribes to get the paperwork. Some fled to hiding: Cyprian himself did so, and some Christian ultras criticized him for failing to embrace martyrdom.

Decius died in 251, leaving the Christian minority with a controversy over how to handle the so-called lapsi who had made some concession to the idols of Rome: perspectives arrayed from the most lax (welcome everyone back with minimal hassle) to the most punitive (expel them all: this was the Novatian heresy). Cyprian had a middle-ground position in this dispute; his De Lapsis preserves his intervention, accepting readmission but under conditions of suitable penance administered by the clergy.

In such a case there remains only penitence which can make atonement. But they who take away repentance for a crime, close the way of atonement. Thus it happens that, while by the rashness of some a false safety is either promised or trusted, the hope of true safety is taken away.

But you, beloved brethren, whose fear is ready towards God, and whose mind, although it is placed in the midst of lapse, is mindful of its misery, do you in repentance and grief look into your sins; acknowledge the very grave sin of your conscience; open the eyes of your heart to the understanding of your sin, neither despairing of the Lord’s mercy nor yet at once claiming His pardon. God, in proportion as with the affection of a Father He is always indulgent and good, in the same proportion is to be dreaded with the majesty of a judge. Even as we have sinned greatly, so let us greatly lament. To a deep wound let there not be wanting a long and careful treatment; let not the repentance be less than the sin. Think you that the Lord can be quickly appeased, whom with faithless words you have denied, to whom you have rather preferred your worldly estate, whose temple you have violated with a sacrilegious contact? Think you that He will easily have mercy upon you whom you have declared not to be your God? You must pray more eagerly and entreat; you must spend the day in grief; wear out nights in watchings and weepings; occupy all your time in wailful lamentations; lying stretched on the ground, you must cling close to the ashes, be surrounded with sackcloth and filth; after losing the raiment of Christ, you must be willing now to have no clothing; after the devil’s meat, you must prefer fasting; be earnest in righteous works, whereby sins may be purged; frequently apply yourself to almsgiving, whereby souls are freed from death.

This is more or less the position the Church as a whole arrived at — a fairly liberal readmissions policy in the scheme of things. Unfortunately for Cyprian and his flock, the question would soon grow pressing once again: the emperor Valerian resumed the persecution in 257.

Cyprian was first sent into exile, then brought to Carthage for examination at a villa thronged with his supporters, who are said to have roared in support when Cyprian refused to sacrifice and demanded, “Let us be beheaded with him!”

The bishop attained his hieromartyr‘s laurels directly after the verdict, with Carthage’s Christians clamboring alongside him to the execution grounds. Afterwards, the faithful collected his remains and interred them lovingly, erecting a church over the bones that the Vandals would eventually ravage.

Even in his death under persecution, Cyprian’s biography reflects the growing weight of Christianity in Rome — not least in the fact that it was consequential enough to attract imperial backlash under the right circumstances. The reluctance of provincial magistrates to make hecatombs of their neighbors whatever the edicts demanded has been widely noted — like the proconsul Antoninus, who sent away confessing Christians who wished to solicit their own martyrdoms with the exasperated words, “if you are thus weary of your lives, is it so difficult for you to find ropes and precipices?”

“The life of Cyprian is sufficient to prove that our fancy has exaggerated the perilous situation of a Christian bishop,” Edward Gibbon wrote — a paradoxical observation to make of a martyr, but we notice that Cyprian’s noisy Christian supporters don’t seem to have been harried even in the midst of the prelate’s execution. Thereafter, “the funeral of Cyprian was publicly celebrated without receiving any interruption from the Roman magistrates; and those among the faithful, who had performed the last offices to his person and his memory, were secure from the danger of inquiry or of punishment. It is remarkable, that of so great a multitude of bishops in the province of Africa, Cyprian was the first who was esteemed worthy to obtain the crown of martyrdom.”

* Jews were exempted; Romans had respect for the antiquity of that monotheistic religion which was not extended to the novel concoctions of Christianity.

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1567: Four Anabaptists in Antwerp, after torture

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On this date in 1567, four Anabaptists were burned at Antwerp as heretics.

Their sect furnishes many martyrs for these pages. That Christian Langedul, Cornelis Claess, Mattheus de Vick, and Hans Symons were sniffed out and clapped in prison for their faith is no surprise for the time and place they lived, and that they withstood torture and went joyfully to the stake is the script demanded for historical remembrance.

Letters in the hands of three of these men (all save Mattheus de Vick) were retained by their comrades and eventually published in the Martyrs Mirror chronicle of Protestant (especially Anabaptist) martyrs during the Reformation.

Hans Symons and Cornelis Claess wrote words of exhortation to faithfulness and steadfastness. Christian Langedul’s letter, however, catches our eye for its very direct exposition of the nature of the torture that he and the others were put to. In a letter to his wife, Langedul doesn’t sugar-coat his situation in the least — and she must have known full well what their arrest would entail. Centuries later, it’s a discomfiting first-person account of what a man suffers on and after the rack.

we were all examined today before the margrave, and of us six we four freely confessed our faith, for it had to be; either the soul or the body had to be sacrificed; the Lord had to be either forsaken or confessed. Thus, Hans Symons, Cornelis the shoemaker, and Mattheus, confessed as also, I unworthy one, and I hope to keep it to the praise of the Lord, but not through my own power or merit, but by the power and grace of God; for through weakness we are made strong, this I must confess. Eph. 1:19; II Cor. 12:9.

Hence be of good cheer in the Lord, and do the best with the children, of whom I dare not think, for they lie heavily on my heart.

When the margrave examined me today, concerning my faith he asked me about nothing but baptism, and I held out against him as long as I could, by saying that I knew but one baptism according to the Gospel and Christ’s own command and injunction; but his constant question was, “Say yes or no, whether you are satisfied with the baptism you received in your infancy, or whether you have received another?”

I replied that I knew nothing to say about infant baptism; but this did not suffice, I had to confess that I had received another, and thus I confessed it, the Lord be praised, and I have not regretted it yet, and I hope that I shall not regret it unto the end, for it is the truth.

…

Know, my beloved wife, that yesterday about three o’clock I had written you a letter, which I now send you. I could not send it then, for soon afterwards the margrave came here to torture us; hence I was not able to send the letter, for then all four of us were one after another severely tortured, so that we have now but little inclination to write; however, we cannot forbear, we must write to you.

Cornelis the shoemaker was the first; then came Hans Symons, with whom also the captain went down into the torture chamber. Then thought I, “We shall have a hard time of it; to satisfy him.” My turn came next — you may think how I felt. When I came to the rack, where were the lords, the order was, “Strip yourself, or tell where you live.” I looked distressed, as may be imagined. I then said, “Will you ask me nothing further then?” They were silent.

Then thought I, “I see well enough what it means, it would not exempt me from the torture,” hence I undressed, and fully resigned myself to the Lord: to die. Then they racked me dreadfully, twisting off two cords, I believe, on my thighs and shins; they stretched me out, and poured much water into my body and my nose, and also on my heart. Then they released me, and asked, “Will you not yet tell it?” They entreated me, and again they spoke harshly to me; but I did not open my mouth, so firmly had God closed it.

Then they said, “Go at him again, and this with a vengeance.” This they also did, and cried, “Go on, go on, stretch him another foot.” Then thought I, “You can only kill me.” And thus stretched out, with cords twisted around my head, chin, thighs, and shins, they left me lie, and said, “Tell, tell.” … Again I was asked, “Will you not tell it?” I did not open my mouth. Then they said, “Tell us where you live; your wife and children, at all events, are all gone away.” In short, I said not a word.”What a dreadful thing,” they said. Thus the Lord kept my lips, so that I did not open them; and they released me, when they had long tried to make me speak.

Thereupon two of them, the executioner and his assistant, bore me from the rack. Think how they dealt with us, and how we felt, and still feel. Then they half carried, half dragged me from the torture chamber up into the jailer’s room, where was a good fire of oak wood. There they, once or twice, gave me some Rhenish wine to drink, which revived me in a measure. And when I had warmed myself somewhat, they again half dragged me up over the porter’s room. There they had such commiseration for me; they gave me wine again; they gave me spices, and of everything you had sent me, all of which rendered me very good service. They had wine brought and helped me to bed. But the sheets were very coarse, and greatly hurt my shins and thighs; however, soon afterwards the sheets and pillow you sent me arrived, and there were also two or three pocket handkerchiefs. They then covered me with the sheets, which came very convenient to me, as did also the spices. Had the sheets not come, I know not how I should have passed the night; but so I slept tolerably well. But I am hardly able to stand yet, and the lower part of my legs is as though they were dead from racking; however, it is all well, as I trust by the grace of the Lord.

…

After me Mattheus was tortured; he named his house and the street in which we live, and said it was in a gate; however, I am of the opinion that there are no longer any gates in that street. Hence move away altogether, if you have not done so yet; for I think the lord will find his way there. Let therefore no one who stands in any danger go into the house. He also named R. T.’s house, and the street where F. V. St. lives. Do herein immediately the best you can. He is very sorry for it.

…

I wrote you yesterday that I hoped to write to you during the day, but I could not do it; Mattheus and I lay in bed until two o’clock, so greatly were we afraid, because the margrave came here to torture Cornelis again, and we feared that we should also be tortured a second time, of which we had a great dread, more than of death, for it is an excruciating pain. Cornelis was tortured and scourged to such a degree the second time, that three men had to carry him up, and they say that he could scarcely move a member, except his tongue. He sent word to us, that if they come again it is his opinion it will finish him. Thus the Margrave did not come yesterday, but we expect him today again; may the Lord help us, for it is a horrible pain.

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1879: Pocket, on the Hallettsville hanging tree

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On this date in 1879, a half-blooded Native American named Pocket died in Hallettsville on an oak tree.

The son of a French Canadian father and a Blackfoot Sioux mother, Pocket had been befriended by a cattleman named Lou Allen. They met by chance in the early 1870s; Pocket was a half-caste child, maybe not even into adolescence, with broken English, doing odd jobs to scrape by.

Of Pocket we have only glimpses of the moments where he comes into the view of white men. His rancher-friend took him until “becoming tired of civilized life, and pining for the freedom of his native wilds,” Pocket vanished on a horse that Mr. Allen willingly gave him. (The quote comes from the Galveston Weekly News of September 18, 1879; it’s also the source for the other quotes in this post.)

That was in 1874. For the next several years Pocket’s activities are mostly unknown, save for the few times he popped back into Mr. Allen’s life — once to bum a suit of clothes; another time when they met by accident in Wichita, Pocket destitute after gambling everything away; and finally when Pocket reappeared in Lavaca County only to be refused aid by his benefactor in a possible gesture of tough love. Pocket found work on a nearby farm instead.

On Valentine’s Day 1878, Pocket was seen in the county seat of Hallettsville getting roaring drunk on whiskey. He left town for the countryside carrying another bottle and proceeded to stop at several farms to accost their residents.

At the Smith house, he barged in, stole a pistol, and forced his way into the family dinner. He stumbled into the home of a former slave named Frank Edwards, ripped up bed clothes, and started swinging an axe around until Edwards punched out the unwanted visitor.

Fuming, Pocket proceeded to yet another farm, the Petersons, where he contrived to get the family hunting rifle by representing the presence of a drove of turkeys nearby. A young Brit named Leonard Hyde worked for the Petersons, and he went along with Pocket “to see the fun.” As ominously as this reads, Hyde had no reason to suspect trouble; the Galveston Weekly News would note that Hyde and Pocket “were both under twenty-one years of age, friendly with one another up to the last moment, and both strangers in the land which has given to each of them a grave.” Two kids out on a turkey-shooting lark.

Hyde trotted along on foot after Pockett, and soon another of Hyde’s friends joined the supposed hunting foray. Suddenly, their intoxicated leader stopped and cursed Hyde for following him — then shot him dead through the forehead with his pistol. The killer’s mind was obviously disordered and impulsive, but it’s possible that Hyde died in place of Frank Edwards, or if not Edwards then whomever Pocket might have crossed paths with next that night.

Now with blood on his hands, Pocket did not pause to revenge any other slights but galloped off into the wilderness. He was eventually captured in Bosque County.


(Source, which also preserves a sad letter from Hyde’s father written in March 1878 upon learning of his son’s murder.)

Perhaps three thousand souls turned out to see a repentant Pocket die in Hallettsville on September 12, 1879 — “every road entering this town became alive with people of all ages, sexes and colors, without regard to previous condition, coming to witness the first legal execution in this county.” Pocket had spent his last weeks in religious devotion and struck those who saw him as a profoundly changed man.

The great hanging-tree can still be seen today, shading a picnic-table in City Park, next to the Hallettsville Golf Association clubhouse.

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1721: John Meff

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John Meff hanged at Tyburn on this date in 1721 for returning from convict transportation.

If we are to credit the autobiographical account that Meff furnished the Ordinary of Newgate prior to his hanging, it was the last act in an adventuresome life. (Here’s the Ordinary’s account of the execution of Meff with three other men; here’s the Newgate Calendar entry based upon it, and which provides the quotes ensuing in this post.)

“I was born in London of French parents,” Meff begins — Huguenots who had fled Catholic harassment.

Huguenot refugees formed an important part of London’s Spitalfields weavers, and Meff apprenticed in this business until he could hang out his own shingle. But finding business too slow to support his family, he took to a bit of supplementary thieving.

Meff says that he had already once been condemned to death for housebreaking “but, as I was going to the place of execution, the hangman was arrested, and I was brought back to Newgate.”

Certainly the era’s executioners had frequent criminal escapades, but I have not found this remarkable Tyburn interruptus related in any press accounts in the 1710s. It’s possible that Meff is embellishing on the 1718 downfall and execution of hangman John Price — though Price was seized red-handed and not detained in the exercise of his office. This inconsistency has not prevented creation of a wonderful illustration, The Hangman Arrested When Attending John Meff to Tyburn, from this volume.

At any rate, Meff’s sentence was moderated to transportation to the New World, and he says that he “took up a solemn resolution to lead an honest and regular course of life … But this resolution continued but a short time after the fear of death vanished.”

Here Meff’s story really gets colorful — whether to the credit of the unsettled Atlantic economy or to the teller’s gift for embroidery we cannot say.

The ship which carried me and the other convicts was taken by the pirates. They would have persuaded me and some others to sign a paper, in order to become pirates; but we refusing, they put me and eight more ashore on a desert uninhabited land, where we must have perished with hunger, if by good fortune an Indian canoe had not arrived there. We waited till the Indians had gone up the island, and then, getting into the vessel, we sailed from one small island to another, till we reached the coast of America.

Not choosing to settle in any of the plantations there, but preferring the life of a sailor, I shipped myself on board a vessel that carried merchandise from Virginia and South Carolina to Barbadoes, Jamaica, and other of his majesty’s islands. And thus I lived a considerable time; but at last, being over-desirous to see how my wife and children fared inEngland, I was resolved to return at all adventures.

Once back, Meff says, he “quickly fell into my former wicked practices” — as if by gravity, no further explanation ventured. It’s hard not to suspect that he simply managed to escape his American indenture to continue a career in larceny, absent the whole marooned-by-pirates subplot. Men were known to tell tall tales to the Ordinary — who, after all, had their own story to sell the public through the deaths of their charges.

“The narrow escape he had experienced from the gallows ought to have taught him more wisdom than to have returned from transporation before the expiration of his time; but one would think there is a fatality attending the conduct of some men, who seem resolutely bent on their own destruction,” the Newgate Calendar’s entry concludes.

“One truth, however, is certain. It is easy, by a steady adherence to the rules of virtue, to shun that ignominious fate which is the consequence of a breach of the laws of God and our country.”

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1990: Charles Coleman, the first lethal injection in Oklahoma

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Despite our occasional predilection for the odd “literally executed today” post, this macabre chronicle has never really aspired to focus on our subject matter’s breaking-news beat.

Nonetheless, the landscape of the death penalty has evolved noticeably in the years since we launched on Halloween 2007. Executions are down in China, but up in Saudi Arabia and Iran; India has ended a long death penalty hiatus; Pakistan began, sustained, and dramatically repudiated a death penalty moratorium.

And in the United States, the prevailing execution method, lethal injection, has fallen under a barrage of legal and political challenges.

Like the guillotine, the electric chair, the gas chamber, and weirder contraptions, the prick of the needle had once been sold as a Solomonic compromise between the executioner and his critics: you still get to kill a guy, but now he doesn’t feel a thing. This time we really mean it!

Lethal injection got some run in the Nazi T-4 euthanasia program but was first approved for regular judicial executions by Oklahoma in 1977, and first used by Texas in 1982. Where gas and electricity transferred industrial technology to the death chamber, with great metal chairs and huge switches like Dr. Frankenstein’s lab, injection analogized medicine: silent and light, and so sterile that the technicians would hygienically swab the skin before they pushed in the death-dealing needle.

Most of all it was sterile for the viewers, who had occasionally been subjected under the other processes to nauseating botches: men who were supposed to be dying instantly instead thrashing wildly away, catching fire, gushing blood, or requiring jolt after jolt to finish off. The electric chair surely owes its iconic cultural position in part to its reputation for spectacular failures.

When capital punishment got its 1970s reboot, it only seemed natural to think about cleaning up the how along with the why. Nearly everyone now had the experience of anaesthetic; it was natural to think that you could just put a man down like the family dog and not have any mess to clean up afterwards.

“Being a former farmer and horse raiser, I know what it’s like to try to eliminate an injured horse by shooting him,” future president Ronald Reagan had said in proposing the technology while he was still governor of California in 1973. “Now you call the veterinarian and the vet gives it a shot and the horse goes to sleep. That’s it.”

As executions surged in the 1990s, lethal injection was thoroughly displacing America’s previous humane technologies to become the overwhelmingly predominant method.


Data via the Death Penalty Information Center’s executions database.

And the state of Oklahoma, which had been first with a lethal injection law back in ’77, finally started rolling out gurneys — when it put murder Charles Troy Coleman to death with the needle on September 10, 1990. It was Oklahoma’s first execution in 24 years.*

It was Oklahoma’s medical examiner Jay Chapman who had formulated the three-drug cocktail that for a long time comprised the definitive lethal injection protocol: the short-acting barbiturate sodium thiopental, followed by the paralytic drug pancuronium bromide, capped with potassium chloride to stop the heart. Why three drugs, Human Rights Watch later asked him? “Why not?” Chapman was not a pharmacologist and had little expertise with the drugs in question.

Nevertheless, his process “could not be construed as cruel and unusual punishment since it is merely the extreme of procedures done daily around the world for surgical procedures,” Chapman insisted when he proposed it. “It’s simply an extreme form of anesthesia.”

Extreme anaesthesia. Was it really?

Even at Coleman’s death, observers saw it differently.

“I saw him choke and gasp and struggle for air,” said Joe Ward, an investigator in the public defender’s office. “It looked like he was choking to death. He looked over … and mouthed the words, ‘I love you.’ Then he looked straight back up and started choking.” Reporter Art Cox, by contrast, viewed it as “a very easy death … a very cold death, very antiseptic.”

Oklahoma has executed well over 100 people since Charles Coleman but if anything the uncertainty about that “easy” and “antiseptic” death has only grown — in the Sooner state and elsewhere.

And the question has become quite urgent during the lifetime of this blog as political pressure on manufacturers has dried up the supply of sodium thiopental, forcing the many states using lethal injection to scramble for a variety of new drug sequences that are basically being invented on the fly and sussed out with live experimentation on the next death row prisoner in the queue.

Oklahoma’s version was to switch from sodium thiopental to pentobarbital; in January 2014, a man being executed with pentobarbital exclaimed, “I feel my whole body burning.”. Months later, the manufacturer of that drug also cut off the supply, unwilling to be party to the executions it facilitated.

So Oklahoma switched to a third anaesthetic, midazolam, a drug whose execution debut took place in Florida in 2013. The state has also tried to shield its suppliers from anti-death penalty campaigners with a secrecy law.

Proceeding on a mad catch-as-can basis, Oklahoma proceeded to horribly botch its midazolam executions, throwing its new procedure right back to the courts. Just this past June, a divided U.S. Supreme Court narrowly approved the continued use of its midazolam cocktail, which a dissenting justice savaged as “the chemical equivalent of being burned alive.”

It’s a story still being written before our eyes — a long quarter-century after Charles Coleman premiered Oklahoma’s modern era of executions on this date in 1990.

* The last previous execution in Oklahoma was that of James French in 1966.

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1902: John C. Best

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From the Boston Morning Journal, Sept. 9, 1902.

BEST COOL TO THE END

Bailey’s Murderer Executed Just After Midnight.

Assisted the Guards and Uttered Never a Word.

Dreadful Current Did Work Swiftly and Surely.

John C. Best was put to death by electricity this morning at Charlestown State Prison at 12.22 o’clock, paying the supreme penalty of the law for the murder of George E. Bailey of Saugus on Oct. 8, 1900. He maintained the air of coolness, and even indifference, which has marked his conduct since his arrest, to the the [sic] last. He walked to the chair unassisted and without even being held by the guards in attendance; sat down composedly, as one would waiting for a train at a station; assisted the guards even in the operations of confining his hands and legs, and awaited the shock of the current in perfect composure.

He had no word to say at the end, uttered no groan, and was pronounced dead by the attending physicians at 12.27. The witnesses were Dr. Joseph F. McLaughlin, prison physician; Dr. Robert A. Blood, Surgeon General of the State; Dr. George Stedman, Associate Medical Examiner of the District; Deputy Sheriff William Cronin, the presence of whom is prescribed by the Statutes; Rev. I. Murray Mellish of Salem, attending to the spiritual wants of the prisoner, and a representative of the press.

The Crime of Best.

The crime for which Best was executed was the murder of George E. Bailey, the caretaker of Breakheart Farm, Saugus. The murder took place in October, 1900, and Best was condemned by the Superior Court sitting at Salem June 14, 1901.

In the early part of October, 1900, Bailey was missed. Best was employed on the farm, and his replies as to the whereabouts of Bailey gave the impression that the missing man had gone to Maine. Inquiry failed to locate him, and until the morning of Oct. 17 nothing definite was known of his whereabouts.

On that morning the dismembered body of a man was found in Floating Bridge Pond, the mutilated torso encased in a sack. Later the arms, legs and head were found and the body was identified as that of George E. Bailey.

Suspicion pointed toward Best, and he was arrested Oct. 18, the day after the gruesome find at the pond. He appeared in the Lynn Police Court Oct. 20, and was remanded to Salem Jail, pending the hearing, which was held Nov. 8.

Judge Berry of the Lynn Police Court after a prolonged hearing, found “probable cause,” and Best was sent to jail to await the action of the Grand Jury which, on Jan. 25 following, indicted him for murder.

In Superior Court.

Best was arraigned in the Superior Court Jan. 30, and entered a plea of not guilty. The trial began March 18, and continued until March 29, when a verdict of murder in the first degree was rendered. The prosecution was conducted by Attorney General Knowlton, District Attorney Peters and his assistant, Roland H. Sherman. Best was represented by James H. Sisk and N. D. A. Clark of Lynn.

The day after the verdict was returned, counsel for Best filed exceptions and offered a motion for a new trial. Oct. 18 counsel conferred with Presiding Justices Sherman and Fox, and on Nov. 23 the exceptions were approved and allowed to go to the Supreme Court.

A hearing was given in the Supreme Court Jan. 6, 1902, and on Feb. 27, a rescript overruling the exceptions was filed. March 29 other exceptions were taken to a denial of amotion for a new trial, and the Supreme Court heard the arguments on May 19.

On June 3, in a rescript, the Court said:

After the exceptions in this case were disposed of a motion for a new trial was made upon the ground that one of the jurors was deaf. Evidence was put in on the subject before the Judges who had taken part in the trial, a portion of the evidence being an examination of the juror himself. The motion was denied, the Judges stating that they were satisfied that the juror heard substantially all the evidence. The argument addressed to us is a pure argument of fact as to what the proper finding would have been, a question with which we have nothing to do, and upon which the Judges considered not merely the testimony reported but what they saw at the time, as it was proper that they should. Assuming every proposition of law that could be urged in favor of the defendant, there is no ground for an exception.

After the first motion had been overruled another motion was made that the hearing be reopened and the defendant be allowed to introduce further evidence, cumulative in character, being the testimony of a doctor who had been consulted by the juror a little more than three months before the trial. The Judges refused this motion on the ground that the doctor’s statement did not change their opinion. The defendant’s counsel again attempted to save an exception. Apart from what else might be said, the same answer may be made to this as to the other exception. It is perfectly plain that the defendant had no ground for bringing his case here a second time. Exceptions overruled.

Counsel’s Great Fight.

All that could be done by devoted counsel to save Best from death sentence has been done, save an appeal to the Governor for a commutation of the final decree of the Court this forenoon, and it is understood that this will be made.

Of late Best has had frequent conferences with his spiritual adviser, Rev. Isaac M. Mellish of Salem. He steadfastly maintained his innocence of the crime.*

* In a last letter to his parents that later hit the presses, Best maintained his innocence: “One thing I would like to impress on the mind of you, my father and mother, is that it is not God’s will that I lose this life that he has given me, but through the vengeance and ignorance of men … I am not afraid to die, but I would like to live. I don’t compare myself to Christ, our Savior, but my condemnation is on the same line as His, and I will meet death as calmly as he did. If these lines, my dear father and mother, will give you any comfort, I am well paid for writing them.”

This excerpt is from The Evening Times (Pawtucket, R.I.), Sept. 20, 1902 — which also reported that Best felt out the prison physicians as to the prospect of their attempting a post-electric chair reanimation experiment. (The doctors turned him down.)

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1292: Johann de Wettre, medieval Europe’s first documented sodomy execution

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On this date in 1292, Johann de Wettre, “a maker of small knives,” was condemned to die at Ghent for sodomy.

De Wettre was consequently (whether on September 8 or subsequently) “burned at the pillory next to St. Peter’s” in what appears to be the earliest documented execution of homosexuality in Christian Europe. Whether he was a habitual or a one-time offender, how he was detected and prosecuted, and the fate of his male partner — all of these are obscure.

One can safely suppose that de Wettre was not the first European executed for sodomy; perhaps the scanty lines we have of his death are only fortuitously preserved because he suffered his very public fate in one of Europe’s largest and most prosperous cities.

However accidental, de Wettre’s stake is a landmark for Christendom’s emerging conception of same-sex desire as not only a capital crime, but a downright existential threat.*

No matter what Leviticus might say on the subject, the late Middle Ages furnish no documented examples of official persecutions but a rich corpus of same-sex literary amour, often penned by monks — a class of men whose debauchery (real or alleged) would come to invite violent attacks in the coming centuries.

O would that I had been my own messenger
Or been that letter which your hand softly touched;
And tht I had had then the same power to feel I have now,
And that you could ot recognize me until I wanted you to.
Then I would have explored your face and spirit as you read,
That is, if I could have restrained myself long enough.
The rest we would have left to nature and the gracious gods.
For God is readier than man to grant indulgence.

–Baudri of Bourgueil, the eventual bishop of Dol-en-Bretagne (via Rictor Norton)

 Horace composed an ode about a certain boy
Whose face was so lovely he could easily have been a girl,
Whose hair fell in waves against his ivory neck,
Whose forehead was white as snow and his eyes black as pitch,
Whose soft cheeks were full of delicious sweetness
When they bloomed in the brightness of a blush of beauty,
His nose was perfect, his lips flame red, lovely his teeth —
An exterior formed in measure to match his mind.

–Marbodius, bishop of Rennes (via Scott Bidstrup)

Now, the Church was still issuing plenty of edicts proscribing same-sex activity around this period, so whether or not the ability of these men and many others to produce overtly homoerotic verse while still prospering within the holy orders constitutes “toleration” is a lively scholarly debate. Suffice it to say that around the 12th and 13th centuries there was a social and legal shift underway from treating sodomy predominantly as a vice for personal penance, to treating it as, well …

If a sodomite had been executed, and subsequently several times back to life, each time he should be punished even more severely if this were possible: hence those who practice this vice are seen to be enemies of God and nature, because in the sight of God such a sin is deemed graver than murder, for the reason that the murderer is seen as destroying only one human being, but the sodomite as destroying the whole human race.

-Neapolitan jurist Lucas de Penna, Commentaria in Tres Libros Codicis (c. 1360) (via Johansson and Percy)

For this diabolical new construction of homosexuality Warren Johansson coined the term “the sodomy delusion”:** “a complex of paranoid beliefs … to the effect that non-procreative sexuality in general, and sexual acts between males in particular, are contrary to the law of Nature, to the exercise of right reason, and to the will of God and that sodomy is practiced by individuals whose wills have been enslaved by demonic powers.” It was a conception that would find its way into law and popular prejudice in the centuries following our Ghent knifemaker’s immolation — and would continue thereafter, evolving across revolutions† religious, political, and economic to shape public discourse about homosexuality down to the present day.

* And also a potent political weapon. Same-sex deviance featured prominently in the charges used to destroy the Knights Templar in 1307.

** Johansson explicitly sets “the sodomy delusion” alongside “the witchcraft delusion” and “the Judeophobic delusion” as analogous phenomena.

† A piquant coincidence: Thomas Cromwell, the great Henrician minister of state, when he fell shared the scaffold with the first man executed under England’s new (in the 16th century) Buggery Act.

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1732: Pompey, poisoner of James Madison’s grandfather

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On this date in 1732, a Virginia slave entered American presidential lore at the end of a noose.

The Madisons were “planters, and among the respectable though not the most opulent class”* resident in Virginia from the 1650s or so — and would in time bequeath the new American Republic its fourth president, James Madison.

We are concerned for today’s post with President Madison’s paternal grandfather, Ambrose Madison. Alas, concern will not necessarily translate to elucidation, for most of the Madison family’s records and correspondence were destroyed in the 19th century: the first Madison generations are shadowy historical figures. Ann Miller has pieced together the fragments in the short book “The Short Life and Strange Death of Ambrose Madison”, published by the Orange County (Va.) Historical Society, and that is the primary source for this post.**

Ambrose Madison was a local grandee of King and Queen County, with landholdings elsewhere in Virginia; it was Ambrose Martin who in the 1720s acquired (via his father-in-law, a land surveyor) the Orange County grounds that would become the great Madison estate Montpelier.

In 1732, Madison moved his family to the Montpelier property. By that time, he controlled 10,000 acres in present-day Orange and Greene Counties, and was gobbling up land elsewhere — like the new frontier of westward settlement, the Piedmont.

And of course, Madison owned human beings, too. The inventory of his estate from 1732 lists 29 black slaves by their first (sole) names: ten adult men, five women, and 14 children.

In the summer of 1732, Ambrose Madison took ill and started wasting away towards death. The fact was apparent to Madison and those around him; the last weeks of his life were taken up in settling affairs. (He made out a will on July 31.)

Shortly before Madison’s death on August 27, two of his slaves — a man named Turk and a woman named Dido — along with another slave, Pompey, property of a neighboring plantation, were arrested on suspicion of having poisoned Madison. No record survives to indicate how or why they would have done so.

If grievances can only be guessed-at, they are not difficult to guess. At the same time, for aught we know the trio might have been falsely accused: there had never been a murder in the vicinity, but Madison’s death came just months after a gang of slaves committed a series of armed robberies and shot at three white people.† As we have seen from later and better-documented slave resistance, southern whites were prone to great paranoia where the prospect of servile rebellion was concerned. And as Madison was a healthy fellow in his mid-thirties, attributing his unexpected death to poison was a natural move.‡

As Miller notes,

It is likely that Ambrose Madison’s case sent ripples of fear — even panic — through the region … the court [appeared] eager to have a quick trial (and, perhaps, to make quick examples of those found guilty and hopefully deter any other slave rebellions).

All three slaves were convicted together on September 6 of “feloniously Conspiring the Death” of Ambrose Madison. Pompey hanged the next day — after he’d been appraised (at £30) to compensate his owner for the destruction of property. Turk and Dido were only found to be “concerned in the said felony but not in such a degree as to be punished by death but … by Whipping.” They suffered 29 lashes apiece “on their bare backs at the Common Whipping post, and thereafter to be discharged”.

We must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property … Let the compromising expedient of the Constitution be mutually adopted, which regards them as inhabitants, but as debased by servitude below the equal level of free inhabitants, which regards the slave as divested of two fifths of the man.

-(Future President) James Madison awkwardly defending the three-fifths compromise in the Federalist #54

Madison’s principal heir was his only son, James — a nine-year-old boy at the time of the events in this post.

The family brush with slave revolt did not deter this future Col. Madison from resuming (once he came of age) the family trade in land acquisition. He had 108 slaves of his own by the time that he died in 1801.

Col. Madison’s more famous son, the U.S. “founding father” and eventual president also named James, had slaves in the White House but was deeply conflicted about the horrid institution.

“He talked more on the subject of slavery than on any other, acknowledging without limitation or hesitation all the evils with which it has ever been charged,” a slavery abolitionist who visited Madison (post-presidency) reported of the evening’s tete-a-tete. “Mr. Madison spoke strongly of the helplessness of all countries cursed with a servile population, in a conflict with a people wholly free.” Madison eventually came to support the fantastical solution of resettling U.S. slaves to an African colony; still, beset by debts, he never quite saw his way to manumitting his own slaves — not even in his will.

Whether the fate befalling his grandfather ever entered into President Madison’s considerations on the subject is left to posterity’s imagination; the documents surviving in his hand never mention anything about grandpa Ambrose.

* Per James Madison, Sr., Ambrose Madison’s son and the U.S. president’s father.

** Since the primary sources available are so scarce, there seems to be little that can be said with confidence of Ambrose Madison’s personality. Miller suspects him a skinflint, on the basis of a merchant’s exasperated correspondence: “I am sorry to find you complain of the cost of the Goods I sent you” … and the same man again two years later: “have Ship’d the Goods you ordered … I don’t expect that you’ll like the Cotton, you order the Cheapest.”

† A slave named Jack, owned by Mildred Howell, was hanged on May 2, 1732 for this affair. The fate of his seven compatriots history passes over in silence.

‡ Miller notes in an appendix several other trials of slaves for poisoning in 18th century Virginia, including some that resulted in acquittal — possibly militating against the railroading hypothesis.

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1943: Michal Kruk, Przemysl Pole who aided the Jews

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In the German-occupied city of Przemysl, Poland on September 6, 1943, Michal Kruk and several other non-Jewish Poles were publicly executed for their roles sheltering Jews being rounded up for the local ghetto — bound, naurally, for worse fates thereafter.

Przemysl’s Jewish community was almost completely annihilated during the Holocaust.

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