Category Archives: Where

1850: Five Cayuse, for the Whitman Massacre

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On this date in 1850, five Cayuse were publicly executed in Oregon City for the Whitman Massacre.

Beginning in earnest in the 1830s, Anglo settlement in the Oregon Country presented for the native inhabitants of the Pacific Northwest the same Hobson’s choice that had confronted tribes further east long before: resist or accommodate.

The New York-born couple Marcus and Narcissa Whitman* were two of the most notable figures among the hundreds, and then thousands, of settlers pouring into the territory every year. In 1836, they founded on the banks of the Walla Walla River a Christian mission to the nomadic Cayuse who roamed the territory. It’s in present-day Washington State, which was then part (with the current U.S. states of Oregon and Idaho) of a single frontier territory collectively known as Oregon.

The Whitmans’ early settlement, offering medicine, education, and (of course) proselytizing, proved a success at first; it would become for several years a waypoint on the developing Oregon Trail.

White diseases came with the settlers.

The Cayuse people had already dwindled (pdf) to just a thousand or two after the decimations of smallpox and other plagues swept the region in the decades preceding. Now, outbreaks of measles were ravaging those remaining.

Marcus Whitman, a doctor as well as a spiritualist, proved unable to check the new epidemic. Rumors went abroad that the missionaries were bewitching or poisoning the Cayuse, as the vanguard of a coming territorial conquest; the Whitmans themselves were very keen to the hostile feeling the situation had engendered and had even heard whispers that they were the targets of assassination plots. Bravely, they stayed.

“Perhaps God thought it for the best that your little child should be called away,” Narcissa Whitman said in strange consolation to the grieving mother of an Anglo child who also succumbed to measles in 1847. “It may calm the Indians to see a white child taken as well as so many natives, for otherwise we may all be compelled to leave within two weeks.” (pdf source, op. cit.; this document also reconstructs a detailed narrative of the unfolding tragedy)

But that remark was only days before the terrible November 29, 1847. On that cold autumn Monday, a small party of Cayuse led by a chief named Tiloukaikt fell on the mission and slaughtered both Whitmans plus another 11** inhabitants of the little compound.

Some 54 surviving women and children were taken hostage, and several of these died in custody as well. A Canadian official of the Hudson’s Bay Company hurried to ransom the captives at the price of 62 blankets, 63 cotton shirts, 12 muskets, 600 loads of ammunition, 37 pounds of tobacco, and a dozen flints.†

This quick response might have forestalled a worse tragedy for the missionaries — but as far as the Cayuse went, the die was already cast. A volunteer militia of Oregonians under Cornelius Gilliam soon mobilized to retaliate, driving many Cayuse into the Blue Mountains.

By mid-1848, spurred in part by the Whitman bloodbath, Congress officially incorporated the region as the Oregon Territory; arriving early in 1849, the new territorial governor Joseph Lane immediately opened negotiations with the Cayuse to hand over the perpetrators of the massacre. With federal troops arriving later in 1849, the Cayuse at last capitulated and gave up five warriors: Tiloukaikt, the leader; Tomahas; Kiamasumpkin; Iaiachalakis; and Klokomas. (There are numerous alternative transliterations of these names.)

They were tried in Oregon City, the territorial capital at the time — a town of 500 or so on the Willamette River Falls — in a landmark case: the first proper death penalty trial in the young territory.‡ This would fall a little short of modern standards, and not just because it was held in a tavern for want of a regular courthouse. The prosecution was not especially rigorous linking all the defendants to specific violent acts, but the defense’s recourse to Cayuse cultural practices that held shamans liable for the failure of their medicine conceded the point by implication. The judge‘s final instructions simply directed his jury to “infer” the defendants’ culpability by virtue of “the surrender of the Defendants by the Cayuse nation as the murderers, the nation knowing best who those murderers were.” So why even have the trial? Kiamasumpkin, against whom no evidence was ever individually presented, went to the gallows insisting that he didn’t even arrive to the Whitman Mission until the day after the massacre.

All five were condemned in the end, and executed by prominent early pioneer and lawman Joe Meek.§ “On the 3d of June an election and a hanging match took place at Oregon City,” ran the Aug. 22, 1850 story in the New York Tribune — for the Whitman massacre had been a matter of national interest. “The town was full of men and women, the former coming to see how the election resulted, and the latter to see how the Indians were hung.”

“Their tribe, the Cayuses, gave them up to keep peace with the whites. Much doubt was felt as to the policy of hanging them, but the popularity of doing so was undeniable.”

Fears that the quintuple hanging would stoke a running conflict with the Cayuse were not altogether misplaced, but over the subsequent years the dwindling tribe was simply dwarfed by over 30,000 newly arriving settlers lured by a congressional grant of free land. By 1855, the defeated Cayuse were forced onto the small Umatilla Reservation, ceding (along with the Umatillas and the Walla Wallas) 6.4 million acres to whites. The Cayuse tongue was extinct by the end of the century.


Present-day memorial obelisk at the site of the Whitman Massacre, now a national historic site. (cc) image from Jasperdo.

* Present-day Whitman College (Walla Walla, Wash.) is named for them.

** Figures of both 13 and 14 (inclusive of the Whitmans) are cited in various places for the Whitman Massacre’s body count; the discrepancy turns on whether one’s tally includes as a casualty Peter Hall, who escaped from the mission, fled to Fort Walla Walla, and then made a panicky attempt to reach The Dalles. Hall disappeared into the wilderness, and was never heard from again.

† Ransom covered gratis by the Hudson’s Bay Company.

‡ The Espy file‘s index of U.S. executions lists only a couple of undated executions many years before under informal frontier justice.

§ Cousin to the recent First Lady Sarah Childress Polk.

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1666: Andreas Koch, witch hunt skeptic

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On this date in 1666, the pastor Andreas Koch suffered the pains of standing up against witch hunts in his town of Lemgo: Koch himself was beheaded as a wizard.

Lemgo recorded a busy witch-hunt record with an estimated 250 cases in the 16th and 17th centuries. But the bulk of those cases came surprisingly late — from 1653 to 1681, the period after the Thirty Years’ War witch-smelling acme.

As we’ve seen before in these grim annals, elites were not safe from the Hexenverfolgung; this, perhaps, is the reason that even we latter-day seculars still have such a visceral reaction to the term “witch hunt”.

Great is the honor for the one bold enough to stand athwart the inquisitor’s path, for great is the danger.

Andreas Koch, a Protestant pastor of the church of St. Nicolai, was a confessor to several condemned witches of Lemgo. As his position would indicate, Koch was no firebrand: he did not deny the presence of sorcerers and diabolical power in the world. But in 1665, he made bold to express skepticism about goings-on and even preached from the pulpit caution against reckless witchcraft accusations. He had found himself unsettled by the contradictory and illogical stories in supposed witches’ confessions, and finally convinced by the vow of innocence a condemned woman named Elisabeth Tillen gave him on the way to the stake. Lemgo was putting innocent people to death on spurious charges.

This epiphany, so obvious in retrospect, was a little too far ahead of his audience.

Rev. Koch was suspended from his ministry by that October, and amid new rumors circulating that he had himself been seen at the witches’ sabbaths, was arrested and put to torture the following spring. Koch was no better able to resist the interrogators’ torments than Elisabeth Tillen and her ilk had been, and obligingly confessed to diablerie. His only mercy was to die by the sword, rather than the flame; that he died before 5 in the morning might have been a mercy for his persecutors to minimize the public attendance at a potentially embarrassing scene.

Needless to say, it is Koch who has the judgment of posterity here. A present-day walking tour of Lemgo’s historic witch-hunt sites will not fail to stop at the monument that now stands in St. Nicolai’s to its devilishly skeptical former clergyman.


Detail view (click for full image) of the memorial to Andreas Koch at his former church in Lemgo. (cc) image from M. Ehret.

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1942: Vladislav Vancura, “Marketa Lazarova” author

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On this date in 1942, leftist Czech novelist Vladislav Vancura was executed at Prague’s Kobylisy shooting range.

An “unsung giant” of European letters, the Bohemian doctor burst onto the literary scene in the 1920s with Pekar Jan Marhoul (Baker Jan Marhoul) and Pole orná a válecná (Fields to Plough, Fields of War). But he was notable for a remarkable perspicacity in style, genre, and artistic perspective throughout his career. He’s often referred to as a poet in prose, and maybe for this reason was equally keen on writing for and directing cinema.

Milan Kundera credited Vancura with “probably the richest vocabulary that any Czech writer has ever had; a vocabulary in which the language of every era is preserved, in which words from the Bible of Kralice [the first complete translation of the Bible into Czech] stand humbly side by side with modern argot.”

His greatest commercial success and possibly his crowning achievement was Marketa Lazarova, a short novel (120 pages in the original Czech) set amid a feud of nobles in he Middle Ages. Only tranlated into English in 2013, it “does for Czech literature something akin to what James Joyce did for English-language literature with Ulysses: breaking with the realism that previously dominated to open up a new frontier in the realm of style.”

Here’s an excerpt (via):

Folly scatters without rhyme or reason. Lend an ear to this tale of a place in the county of Mladá Boleslav, in the time of the disturbances, when the king strove for the safety of the highways, having cruel troubles with the nobles, who conducted themselves downright thievishly, and what is worse, who shed blood practically laughing out loud. You have become truly too sensitive from musing upon our nation’s nobility and fair manners, and when you drink, you waste the cook’s water, spilling it ‘cross the table, but the men of whom I speak were an unruly and devilish lot. A rabble which I cannot compare to anything else than stallions. Precious little cared they of that which you account as important. Comb and soap! Why, they did not heed even the Lord’s commandments.

‘Tis said that there were countless such ruffians, but this story concerns itself with none save the family whose name most surely calls to mind Václav unjustly. Shifty nobles they were! The eldest amidst this bloody time was baptized with a graceful name, but forgot it and called himself Kozlík till the time of his beastly death.

Vancura’s death was plenty beastly too, albeit not particularly surprising: Communist avant-garde artists in German-occupied Slavic countries didn’t usually fare the best during the war years, and Vancura compounded his risk by taking active part in the resistance. He was among hundreds of Czechs arrested, tortured, and executed in the bloody German crackdown that followed the May 27, 1942 assassination of Reinhard Heydrich.

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2000: Robert Earl Carter, exonerating Anthony Graves

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On this date in 2000, Robert Earl Carter was executed in Texas for slaughtering six people at the home of his Somerville ex, after the latter filed a child support suit against him.

The ex herself, Lisa Davis, wasn’t home at the time. But Carter’s stabbing-and-shooting rampage slew Davis’s mother Bobbie, Bobbie’s 16-year-old daughter Nicole, Robert and Lisa’s son Jason (the subject of the support suit), and three other small children that shared the residence. After murdering them, Carter set the house on fire: the burns he suffered to his own face and arms in the process helped connect him to the crime.

Pressed by interrogators, Carter at first admitted only that he was present with someone else who carried out the murders. Over time, he broke down and admitted to the slayings himself.

But Carter’s supposed other party also became a character fixed in the story that investigators were looking to tell — and that party’s identity became fixed on a casual acquaintance whom Carter eventually accused: Anthony Graves.

No forensic evidence implicated Graves, but Carter provided damning testimony at Graves’s 1994 trial. On that occasion, Carter claimed to have shot the teenage daughter Nicole, while Graves committed the rest of the murders, testimony that sent Anthony Graves to death row as well. (Graves’s brother Arthur Curry testified that Graves had been at home sleeping.)

But Carter changed his story again after both men were convicted.

As he prepared for his execution, Carter was keen to clear Anthony Graves before he left this mortal coil. Weeks earlier, he provided a sworn 85-page statement insisting that “Anthony Graves did not have any part in the murders and was not present before, during or after I committed the multiple murders at the Davis home.”

Even in his last statement on this date, Carter went out of his way to exonerate his supposed accomplice. “I’m sorry for all the pain I’ve caused your family,” Carter said from the gurney in his last moments, addressing the execution witnesses from his victims’ family. “It was me and me alone. Anthony Graves had nothing to do with it. I lied on him in court.”

Anthony Graves had been on death row for six years at this point. With Carter’s retraction it had become discomfitingly apparent that there was practically nothing to associate him with that horrific night in Somerville … butit would still be another decade more before he was officially exonerated and released.

After an appeals court ordered a new trial, a different prosecutor’s investigation of the case turned up just how scanty the case against him was.

“After months of investigation and talking to every witness who’s ever been involved in this case, and people who’ve never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder,” announced former Harris County prosecutor Kelly Siegler in a statement officially exonerating Graves. “This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case any more. He is an innocent man.” Siegler had been hired as a special prosecutor, and would have been the one to re-try Anthony Graves.

That happened in 2010, by which point Graves at age 45 had spent 18 years in prison, 12 of them on death row.

Today, Anthony Graves — you can find him on twitter at @AnthonyCGraves — is an activist and motivational speaker. He’s been outspoken especially on the torture inflicted by long-term solitary confinement, which he also endured during his years in prison.

Graves’s original prosecutor Charles Sebesta — against whom Graves has sought disciplinary action — maintains a site of his own with a page casting doubt on Anthony Graves’s innocence. (It’s also a minor monument to the “Blog” of “Unnecessary” Quotation Marks.)

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1690: Old Mobb, witty highwayman

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On this date in 1690, according to the Newgate Calendar,* the venerable gentleman rogue Thomas Sympson — better known as Old Mobb — was hanged for robbery.

Old Mobb — at least, the stylish and erudite version of the man given us in the Calendar — preyed the roads of late 17th century England for many a year, perhaps all the way back to the ill-fated reign of Charles I.

His rollicking adventures could have formed the fair corpus of a durable legend; in some alternate world Ainsworth chose Old Mobb as for Rookwood and it is he and not Dick Turpin who has the television serial and the pub nameplates.

A nobleman Sir Bartholomew Shower, whose name might also be the safeword at a leather masquerade, was apprehended by Old Mobb one day nearly penniless as to his person; taking exception at being shorted by such a wealthy grandee, Mobb forced him to write up a bill for 150 quid to draw on the goldsmith of nearby Exeter, leaving Shower trussed up under an obliging hedge “as security for the payment” while he went into town to cash the cheque.

The annals have next a widow, bound for Bath no less in tribute to the classics, and had a jolly battle of the sexes with her over her condition which of course Old Mobb won, since he had the gun. His target, you see,

wept very plentifully, in order to move him to pity; she told him she was a poor widow, who had lately lost her husband, and therefore she hoped he would have some compassion on her. “And is your losing your husband then,” says he, “an argument that I must lose my booty? I know your sex too well, madam, to suffer myself to be prevailed on by a woman’s tears. Those crocodile drops are always at your command; and no doubt but that dear cuckold of yours, whom you have lately buried, has frequently been persuaded out of his reason by their interposition in your domestic debates. Weeping is so customary to you, that everybody would be disappointed if a woman was to bury her husband and not weep for him; but you would be more disappointed if nobody was to take notice of your crying; for according to the old proverb, the end of a husband is a widow’s tears; and the end of those tears is another husband.”

The poor gentlewoman upon this ran out into an extravagant detail of her deceased husband’s virtues, solemnly protesting that she would never be married again to the best man that wore a head, for she should not expect a blessing to attend her afterwards; with a thousand other things of the same kind. Old Mobb at last interrupted her, and told her he would repeat a pleasant story in verse which he had learned by heart, so, first looking round him to see that the coast was clear on every side, he began as follows: —-

A widow prude had often swore
No bracelet should approach her more;
Had often proved that second marriage
Was ten times worse than maid’s miscarriage,
And always told them of their sin,
When widows would be wives agen:
Women who’d thus themselves abuse,
Should die, she thought, like honest Jews
Let her alone to throw the stones;
If ’twere but law, she’d make no bones.

Thus long she led a life demure;
But not with character secure:
For people said (what won’t folks say?)
That she with Edward went astray:
(This Edward was her servant-man)
The rumour through the parish ran,
She heard, she wept, she called up Ned,
Wiped her eyes dry, sighed, sobbed, and said:

‘Alas! what sland’rous times are these!
What shall we come to by degrees!
This wicked world! I quite abhor it!
The Lord give me a better for it!
On me this scandal do they fix?
On me? who, God knows, hate such tricks!
Have mercy, Heaven, upon mankind,
And grant us all a better mind!
My husband — Ah that dearest man!
Forget his love I never can;
He took such care of my good name,
And put all sland’rous tongues to shame. —
But, ah! he’s dead –‘ Here grief amain,
Came bubbling up, and stopped the strain.

Ned was no fool; he saw his cue,
And how to use good fortune knew:
Old Opportunity at hand,
He seized the lock, and bid him stand;
Urged of what use a husband was
To vindicate a woman’s cause,
Exclaimed against the sland’rous age;
And swore he could his soul engage
That madam was so free from fault
She ne’er so much as sinned in thought;
Vowing he’d lose each drop of blood
To make that just assertion good.

This logic, which well pleased the dame,
At the same time eludes her shame:
A husband, for a husband’s sake,
Was what she’d ne’er consent to take.
Yet, as the age was so censorious,
And Ned’s proposals were so glorious,
She thought ’twas best to take upon her,
A second guardian of her honour.

“This,” says Old Mobb, “is an exact picture of woman-kind, and as such I committed it to memory; you are very much obliged to me for the recital, which has taken me up more time than I usually spend in taking a purse; let us now pass from the dead to the living, for it is these that I live by. I am in a pretty good humour, and so will not deal rudely by you. Be so kind, therefore, as to search yourself, and use me as honestly as you are able; you know I can examine afterwards, if I am not satisfied with what you give me.” The gentlewoman found he was resolute, and so thought it the best way to keep him in temper, which she did by pulling out forty guineas in a silk purse, and presented them to him. It is fifty to one but Old Mobb got more by repeating the verses above than the poor poet that wrote them ever made of his copy. Such is the fate of the sons of Apollo. [dear reader, why not take this opportunity to click on an ad? -ed.]

We certainly have in these puffed-up knaves torn down for our amusement a little window into the romance of the road where by means of Stand And Deliver one attains the liberty to put put hypocrites in their place whilst usurping the abundance that is the latter’s usual wages.

Old Mobb robs a famous astrologer whose constellations fail to predict the engagement; to a doctor who upbraids him, he retorts, “I only take [my victims’] money away from them; but you frequently take away their lives: and what makes it the worse you do it safely, under a pretence of restoring them to health.”

As pieces de resistance, Old Mobb gets the better of two of Restoration England’s most infamous grandees.

The Duchess of Portsmouth, the widely hated French Catholic mistress to Charles II,** Old Mobb improbably manages to trap in her stagecoach giving him leave to excoriate her in words similar to those that real 17th century Britons must have muttered many times while in their cups. “I know you to be the greatest whore in the kingdom; and that you are maintained at the public charge. I know that all the courtiers depend on your smiles, and that even the K— himself is your slave,” Mobb says, rubbishing her sex and her nationality all at once. “That haughty French spirit will do you no good here. I am an English freebooter; and insist upon it as my native privilege to seize all foreign commodities. Your money indeed is English, and the prodigious sums that have been lavished on you will be a lasting proof of English folly; nevertheless, all you have is confiscated to me by being bestowed on such a worthless b—h. I am king here, madam, and I have a whore to keep on the public contributions as well as King Charles.”

The ruthless hanging judge Lord Jeffreys Old Mobb likewise pays in his own coin when Jeffreys threatens our marauder with potential damnation, speaking as it were through Jeffreys to the obsequious blackguards who afflict the public life of every time and place.

When justice has overtaken us both, I shall stand at least as good a chance as your Lordship; who have already written your name in indelible characters of blood, by putting to death so many hundred innocent men, for only standing up in defence of our common liberties, that you might secure the favour of your Prince. It is enough for you to preach morality upon the Bench, where nobody dares to contradict you; but your lessons can have no effect upon me at this time; for I know you too well not to see that they are only calculated to preserve money.

* The Newgate Calendar positively avers a hanging of Friday, May 30, 1690, but there are some complicating data points. There’s his purported campaign with William “the Golden Farmer” Davis, who was supposed to have left a parting note for Old Mobb upon Davis’s December 1690 execution. (However, 1690 was the year when May 30 was on a Friday, not 1691.)

The invaluable Old Bailey Online has none of this, though the date range is a period of spotty recordkeeping. It does give us a nondescript and lamely apologetic “Old Mobb” hanged on the 18th of September 1691; although this guy had done some highway robbery, he doesn’t otherwise bear an obvious resemblance to the Newgate Calendar’s colorful character. He might be the same guy, or they might just share a cant alias. “Mob” — short for mobilevulgus, the “fickle crowd” — was just establishing itself in English at this point with a usage a bit more flexible than it has for us today; our criminals’ point of contact might be simply that each lasted unusually long in the profession, and therefore each received a nickname meaning something like “Old Man”. Jonathan Swift complained bitterly of this truncated neologism in 1710, writing that “I have done my utmost for some years past to stop the progress of Mobb and Banter, but have been plainly borne down by numbers, and betrayed by those who promised to assist me.” (Sorry, buddy … English is a living language.)

At any rate, I don’t know whether Old Mobb is one guy or two, nor am I fully confident of the best date of execution. These are the least of our difficulties when it comes to veracity, considering that the man’s attributed exploits likely comprise 100% shameless fabrication. It’s just that kind of post.

** Careful how you speak of her: she’s an ancestor (via the late Princess Diana) of the current royal princes.

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1879: Troy Dye and Ed Anderson, estate salesmen

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On this date in 1879, Sacramento County public administrator Troy Dye was hanged for murder, along with the Swedish goon whom he’d hired to do the dirty work.

A 36-year-old father of three, Dye was a prosperous tavern owner in the California capital who volunteered at the Sunday school. In 1877, voters entrusted him with the necessary public office of managing intestate estates.

In retrospect one can safely say that Dye was not cut out for the public trust.

The position entailed a percentage claim on the estate so handled, which meant in practice that it was a thankless burden for long periods when only paupers died without their wills made out, punctuated by rare jackpots when the occasional wealthy fellow kicked off without heirs.

San Francisco Bulletin, Aug. 16, 1878.

All Dye did was speed that cycle up a little, by arranging to murder a fifty-five-year-old bachelor in order to lay hands on his 650-acre farm and plunder the “rich old son of a bitch.”

Dye hired a Swedish sausage-maker named Ed Anderson and a young tough named Tom Lawton at three grand apiece to handle the labor.

For six hot summer weeks, Anderson and Lawton built a boat on Dye’s property with the one mission in mind. On July 30, they put it into the Sacramento River and rowed it downstream to the Grand Island orchards of their target, Aaron Moses Tullis. Under the guise of soliciting work, Anderson approached Tullis in his groves, and when the man’s back was turned, clobbered him with a blackjack. In the ensuing melee, Lawton, leaping into the fray from hiding nearby, shot Tullis through the throat, then felled him with a shot in the back, and finished him off with an execution-style coup de grace.

The two killers fled two miles down the river, where they ditched the boat. Their employer, signaling furtively by whistling, picked them up in a buggy and rode them back to Sacramento for celebratory oysters.

They wouldn’t be celebrating for long.

News of the murder puzzled the community as it got out. Tullis was wealthy all right, but his assailants had stolen nothing; he wasn’t known to have any enemies; and nobody had seen the riverborne assassins slip onto the property.

But within a few days, discovery of the abandoned boat led to the lumberyard that stamped its planks, and that led to the fellows who purchased it. Tom Lawton wisely used this tiny interval to leave California; Ed Anderson and Troy Dye stuck around and made national wire copy with their confessions before August was out.

Having spilled all the beans, Dye had only the feeblest of gambits remaining to avoid the noose.

At trial, Dye argued that the whole plan was the idea of the other two men, and he, Dye, was was just too damn weak-minded to say them nay.

At sentencing, Dye whined that the district attorney had induced him to confess by dint of a promise to let him walk.**

And during his appeals and clemency process he inconsistently shammed insanity, fooling nobody.

“A more pitiable object than Troy Dye, the assassin, never marched to the scaffold,” one observer noted of the pallid, stocking-footed figure whom the ticketed observers saw on execution day. (Quoted in this pdf retrospective on “one of the most shocking and melancholy episodes in the history of Sacramento.”)

Against Dye’s wheedling and quailing, Anderson cut a picture of manfulness. Even on the eve of the execution, while Dye was just this side of collapse, Anderson noticed the sheriff toting the hanging ropes and insisted on inspecting them, then shocked the lawman with a cool off-color joke.

But this was calm and not mere bravado. Time that Dye wasted in his simulated spasms was spent by Anderson with his spiritual counselor; his gracious last statement from the gallows confessed his guilt and begged forgiveness. “Troy Dye Dies, Anderson Ascends” ran the headline afterwards.

* A county clerk reached by the Sacramento Record-Union recalled a conversation that clouded suspiciously in retrospect: “he said that unless something turned up, that he would not make enough out of it to pay his expenses … I said to him: ‘You cannot tell when some one will die and leave a good estate.’ … he said he did not know of any one who was likely to die that was worth any amount except Mr. Tullis, down the river. He said he was an old man and drank a great deal, and was likely to die at any time, and that he was rich. If he should drop off and he got the estate, it would help him out.” (Reprinted by the San Francisco Bulletin, Aug. 15, 1878)

** That was indeed the case, as it seems that Dye’s confession revealed himself much more deeply involved than the prosecutor had previously assumed. This is why it’s much better to just shut up already.

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1213: Peter of Pontefract, oracle

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On this date in 1213, the hermit Peter of Pontefract (or Peter of Wakefield) was hanged by King John.

Reluctant Magna Carta signer and ridiculous Robin Hood villain, John has never been the most highly regarded sovereign. (A recent BBC poll saluted him as the 13th century’s very worst Briton.)

The papacy ranked among John’s many irritants. A 1205 dispute with Pope Innocent III over the successor to the late Archbishop of Canterbury — John wanted control of ecclesiastical appointments in his own realm, a little preview of coming attractions in English history — extended so far as Innocent’s excommunicating John, and laying England under a papal interdict prohibiting administration of any sacraments save baptism and last rites. There’s no bargaining chip quite like “do what I say or everyone goes to hell.”

John didn’t sweat the eternal damnation stuff much but in 1212 the specter of war with France — gleefully justified by Philip II on grounds of the English king’s impiety — started twisting the screws a little. Philip had already seized English holdings in Normandy; now, he was gathering forces to invade across the English Channel.

With discontent already afoot among the domestic nobility, some of whom were extending feelers to King Philip, the Yorkshire hermit Peter ran out a prophecy that John’s crown would pass to other hands by the next Ascension Day — which happened to be Thursday, May 23, 1213.

Peter’s prophecy gained no little folk following, prompting John to take him into custody.

And here a prophet, that I brought with me
From forth the streets of Pomfret, whom I found
With many hundreds treading on his heels;
To whom he sung, in rude harsh-sounding rhymes,
That, ere the next Ascension-day at noon,
Your highness should deliver up your crown.

-Shakespeare’s King John

But days before the momentous date arrived, John resolved the crisis and saved himself from potential deposition with a timely submission to the papal legate Pandulf, before whom he dramatically laid the crown and resumed it pledging an annual tribute of 1,000 marks from the throne of England to that of St. Peter.*

This was either — take your pick — a deft political masterstroke instantly neutralizing the threats to John’s throne, or else it was a craven surrender to the Vatican.

Peter of Pontefract gives us a hint of a judgment on that question.

John held Peter past the May 23 date — and then, just for good measure, past May 27, for that had been the calendar date of John’s coronation in 1199, which was also Ascension Thursday that year, and had been floated as a fallback interpretation of the prophecy — the seer had been duly discredited and, being made ridiculous, could now be made an example of.

Or had he been?

For,

the wise and the foolish alike began to see that John had prevented a literal fulfilment of the prophecy by lending himself to a figurative one. He had ‘ceased to be king’ by laying his crown at the feet of Pandulf, to take it back again on conditions which unquestionably helped to fix it, for the time at least, more securely than ever on his brow. The scapegoat of all parties was the unlucky prophet himself. Next day he and his son, who had been imprisoned with him, were tied each to a horse’s tail, dragged thus from Corfe to Wareham, and there hanged. (Source)

* John stopped paying in 1214, and Innocent left well enough alone.

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1994: Charles Rodman Campbell, hanged in Washington

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1994, an uncooperative Charles Rodman Campbell was lashed to a board to keep him upright, and hanged by the neck until dead at the Washington State Penitentiary in Walla Walla.

According to this Seattle Times timeline of his life and crimes, Campbell had been getting in trouble since he was a child, to the extent that by the time he was seventeen his mother had given up on him and never wanted him back home again. His crimes began with burglary and drug use but quickly escalated into violence.

True crime author Ann Rule wrote a chapter about Campbell in her book A Rose For Her Grave and Other True Cases:

Charles Rodman Campbell is a killer straight out of a nightmare. There should have been some way to keep him locked up forever. But he slipped through the loopholes of our justice system and he was allowed freedom to stalk his unknowing victims. If ever there was a case that pitted innocence against pure evil, it is this one. He was out of his cage, and he was aware of every facet of her life, and yet his potential prey felt only a chill premonition of danger. He was a man consumed with rage and the need for revenge. Because of a neglectful bureaucracy, Campbell was allowed to take not one life — but three.

The sordid story that lead to his execution began on December 11, 1974, when Campbell broke into the rural Clearview, Washington home of Renae Louise Wicklund. He held a knife to the throat of her baby daughter, Shannah, forced Renae to perform oral sex on him, then fled the scene.

It took over a year to arrest him, but Renae identified him as her attacker and in 1976 he was convicted of burglary, sodomy and first-degree assault and sentenced to thirty years in prison.

In an appalling oversight, Campbell was put on work-release for good behavior in 1981. His behavior in the Monroe Reformatory hadn’t been good at all: he’d racked up multiple infractions for drug trafficking and sexual and physical violence against his fellow inmates. A prison psychologist described him as “uncaring of others, conscienceless, malevolently intolerant of the social order which imprisons him, and imminently harmful to all who directly or indirectly capture his attention or interest.”

It wasn’t until much, much too late that the parole board discovered the Monroe Reformatory was not supplying them with full records of prisoners’ infractions. Hundreds of inmates, it turned out, had been released without a complete evaluation of their behavior in custody.

No surprise, Campbell’s behavior on work-release wasn’t good either. He displayed “poor attitude and behavior,” he was caught drinking alcohol, and his ex-wife claimed he slipped away from his job twice to rape her.

But somehow, the authorities neglected to return him to prison.

Renae Wicklund still lived in the Clearview home where she had been attacked in 1974, and she wasn’t notified when Campbell was let out of prison. In January 1982, he was transferred to a work-release residence less than ten miles from Clearview and he began staking out her house, planning his next move.

On April 14, Campbell went to her home and found her there with Shannah (now eight years old) and a neighbor, Barbara Hendrickson, who along with Renae had testified against him at the rape trial.

Campbell killed them all by slashing their throats. Renae got special treatment: she was also beaten, strangled, stripped naked and her genitals mutilated.

He’d finally committed an offense grave enough to revoke his work-release status.

Campbell was arrested almost immediately and, at his trial, had little to say for himself. It can’t have been hard for the jury to choose the death sentence. As a result of the triple homicide, Washington state passed a law requiring that victims of violent crime be informed when their attackers are released from prison.

The state of Washington allowed (and still allows — it’s the only state with an active gallows) a condemned inmate a choice in the manner of death: hanging, or lethal injection.

During his twelve years of appeals, Campbell refused to make the choice and argued that being made to choose meant the state was effectively forcing him to commit suicide. The default method at the time for a prisoner who refused to choose was hanging,* and Campbell further claimed that was cruel and unusual punishment.

His case actually made it up to the U.S. Supreme Court, but it declined to hear his appeal.

When his time came, the prison staff had to use pepper spray to persuade him to come out of his cell, strap him to a board and drag him to the scaffold, and even then he made things difficult by turning his head this way and that while they tried to secure the hood and noose. But he couldn’t delay the end for long. The prison guards would later find makeshift weapons in his cell, including a four-inch piece of metal in his cell that had been sharpened into a blade.

As of this writing, Campbell was the last man to be judicially hanged in Washington state (though not the last in the U.S.).

* In 1996, the default method of execution in Washington changed to lethal injection.

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1651: Jeane Gardiner, Bermuda witch

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From Slaves and Slaveholders in Bermuda, 1616-1782:

The witchcraft trouble [in Bermuda in 1651-55] began in May 1651, when Goodwife Jeane Gardiner, the wife of Ralph Gardiner of Hamilton Tribe, was accused of bewitching a mulatto woman named Tomasin. Jeane Gardiner was heard to say “that she would crampe Tomasin” and reportedly “used many other threatenninge words tending to the hurt and injurie of the said mullatto woman.” Gardiner’s victim was then “very much tormented, and struck blind and dumb for the space of twoe houres or thereabouts.” Jeane Gardiner may have been known in her neighborhood as the wife of Ralph Gardiner, a laborer who had come to Bermuda in 1612. A contentious man, he twice accused neighbors of stealing his poultry and was himself found guilty of stealing a fish gig. The assize record mentions that Jeane Gardiner, in addition to practicing witchcraft on Tomasin, “at divers tymes in other places … did practice the said devilish craft of witchcraft on severall persons in the hurt and damage of their bodyes and goods.” A panel of 12 women, including the wives of several men who possessed black, Inian, or mulatto servants or slaves, found a witch mark, a suspicious “blewe spott” in Gardiner’s mouth. As a further test, Gardiner was “throwne twice in the sea” where she was found to “swyme like a corke and could not sinke” — according to the lore of witchcraft, a sure sign of guilt.


/mandatory

A white, middle-aged woman, wife of a laborer, Goodwife Gardiner was a typical candidate for witchcraft charges in Bermuda.

Of Tomasin, the mulatto woman who was Jeane Gardiner’s alleged victim, nothing is known except her name. Since she is not identified as belonging to any master, it is possible that Tomasin was a free woman. Perhaps she was a neighbor of Gardine’s. Jeane Gardiner and Tomasin may have lived near each other, but nothing is known of their relationship. Did Tomasin, in word or action, offend Jeane Gardiner? Did Gardiner, the wife of a laborer, feel threatened by, or jealous of, Tomasin? On the connection between this white woman and her mulatto neighbor the record is silent, but Bermuda’s legal system inflicted the full measure of punishment upon the mulatto woman’s malefactor: Jeane Gardiner was hanged “before many spectators” on May 26, 1651.

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1849: Washington Goode

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America’s national debate over abolishing slavery in the decades leading up to the Civil War is well-known. Not as well remembered is a different group of “abolitionists” — for death penalty foes, too, took this name,* and mounted a vigorous challenge against capital punishment, too.

In the main, they did not attain their ultimate objective, although Michigan in 1847 did become the world’s first Anglo polity to abolish executions.** But their contemporary-sounding arguments against the morality and efficacy of capital punishment did help drive important reforms, especially in the Northeast: narrowing the scope of the death penalty towards murder alone, and removing the spectacle of public hangings to the privacy of prison walls. Anti-death penalty scholar Hugo Bedau terms this the “first abolitionist era.”

Alexis de Tocqueville’s American travels began in 1831 with a brief from the French government to investigate the prison system; in the classic Democracy in America that ensued, Tocqueville characterized Americans as “extremely open to compassion.”

In no country is criminal justice administered with more mildness than in the United States. Whilst the English seem disposed carefully to retain the bloody traces of the dark ages in their penal legislation, the Americans have almost expunged capital punishment from their codes. North America is, I think, the only one country upon earth in which the life of no one citizen has been taken for a political offence in the course of the last fifty years.

In Massachusetts, executions nearly ground to a halt … but they never quite got banned de jure. A committee headed by the very liberal legislator Robert Rantoul, who had cut his teeth as a young barrister defending an accused murderer in a death penalty trial, produced for Gov. Edward Everett a strong recommendation to take the death penalty off the books. The votes in the legislature never quite got there, but Gov. Everett would have signed it:

A grave question has been started, wheter it would be safe to abolish altogether the punishment of Death. An increasing tenderness for human life is one of the most decided characteristics of the civilization of the day, and should in every proper way be cherished. Whether it can, with safety to the community, be carried so far, as t permit the punishment of death to be entirely dispensed with, is a question not yet decided by philanthropists and legislators. It may deserve your consideration, whether this interestion question cannot be brought to the test of the sure teacher, — experience. An experiment, instituted and pursued for a sufficient length of time, might settle it on the side of mercy. Such a decision would be matter of cordial congratulation. Should a contrary result ensue, it would probably reconcile the public mind to the continued infliction of capital punishment, as a necessary evil.

Rantoul (and Edwards) had to settle for an 1839 law removing burglary and highway robbery from the ranks of potential capital crimes.

In practice, Massachusetts had not hanged anyone for mere theft in a number of years and by the late 1830s and throughout the 1840s scarcely hanged anyone at all.†

That tenderness of human life would meet what proved a decisive test with
Washington Goode‘s execution on May 25, 1849 for the murder of a fellow sailor over a romantic rivalry.

While philanthropists and legislators debated the merits of the rope in those years, Goode grew up at sea. There was a woman he called on when he made port in Boston, one Mary Ann Williams — married to someone else but kept by no man, Washington Goode included.

In 1848, Goode discovered in his lover’s boudoir a handkerchief given her by another seaman and soon enough started stewing over it. According to the circumstantial case that Goode’s jury ultimately accepted, he went out the next night, packing a wicked sheath knife and openly boasting to drinking buddies of his imminent revenge upon that Thomas Harding.

Later that night, the two rivals (plus Williams) all managed to run into each other in the same joint. Goode and Harding crossed words, then left that place one after another. Half an hour later, Harding had a sheath knife between his ribs. Nobody had actually seen it happened, but the identity of the murderer appeared self-evident.

However plausible the argument for Goode’s guilt and execution in the narrow case at hand, it could not help but be complicated by the execution-free years that had preceded him. Was this the most atrocious crime in Massachusetts of the 1840s? In 1845, a burgher named Albert Terrill had cut the throat of a prostitute on Beacon Hill, and set fire to her room; he had been spared execution.‡

Boston’s death penalty abolitionists mounted a furious clemency campaign, and again the arguments strike a familiar tone for present-day readers: the fallibility of the justice system (Goode maintained his innocence all the way to the gallows); the prospect that, were Goode indeed guilty, alcohol and passion had clouded his mind; and the manifest disproportionality between the extreme penalty that just so happened to be handed down to a poor black workingman when more atrocious crimes by better-connected Bostonians had lately merited far more lenient treatment. Thousands subscribed to petition, like this one, demanding mercy. Henry David Thoreau and Ralph Waldo Emerson fought to save Goode from the gallows.

But the Commonwealth was not moved.

Despairing, Goode slashed his veins during the night preceding the hanging in a vain bid for suicide. He would be hanged that day — after a physician stanched the bleeding and patched him so that Goode could die properly — seated in a chair. The fall broke his neck, and purpled some prose into the bargain.

The scene is past. A more fearful tragedy has never been enacted in our city. A more disgraceful scene never occured in any country. A stain has been made upon Massachusetts that ages can never wash away.

Ostensibly “private”, the jailyard hanging was readily visible from surrounding windows and rooftops in the neighborhood. Some shops in the vicinity even shut up their doors in protest, and hung up placards to make sure those arriving for a rented overlooking window knew it.

But the first abolitionist era was even now giving way to the rising section tension about to tear the country apart. Even people who cared deeply about the death penalty usually cared moreso about slavery … and the stain of Washington Goode’s hanging would be blotted out by the far bloodier years to come.

* The anti-death penalty and anti-slavery causes had a good deal of overlapping personnel, too: slavery abolitionists like Wendell Phillips, Lydia Child, and William Lloyd Garrison were prominent supporters of the Massachusetts Society for the Abolition of Capital Punishment. (See The Death Penalty: An American History.)

** Wisconsin and Rhode Island both followed Michigan’s lead. None of those three states has conducted an execution since the mid-19th century, although Rhode Island did put never-used death penalty statutes back on its books for most of the 20th century.

† According to the Espy file‘s survey of historical U.S. executions.

‡ Terrill was acquitted by his jury in two separate death penalty trials — one for the murder, one for the arson. The verdicts were commonly believed to be acts of nullification by juries unwilling to sully their consciences with a death sentence. (Terrill’s barristers resorted to the embarrassing somnabulism defense.) “We infer that no person will hereafter be convicted of murder in the courts of Massachusetts,” the Boston Courier editorialized. “There is prevalent in society such a feeling of horror [about capital punishment] … jurors will not hesitate to acquit.” But after Terrill, backlash against the verdicts inverted the horror — since it now appeared that the tender scruples of jurymen proposed to hand villains carte blanche.

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