1560: Arnaud du Tilh, alias Martin Guerre

On this date in 1560, a French peasant was hanged outside the home he had made with another man’s wife in the southwestern French village of Artigat (or Artigues).

A poignant, perplexing tale of identity and social place — and possibly even of love — the story of Martin Guerre is at once exactingly local to its time and place, and timeless in its principals’ humanity.

As told in Natalie Zemon Davis’ captivating social history The Return of Martin Guerre, the restless (or ill-tempered) young titular peasant — impotent with his wife Bertrande, tense living with his father-in-law, chafing in rural Artigat — got out of town in 1548, joined one of the soldiering companies crisscrossing Europe, and was heard of no more.

In the centuries before fingerprints, credit cards, cell phones and Facebook, Guerre just disappeared. Constrained by Catholic law not to remarry without proof of his death, Bertrande just had to wait.

Until “Martin” returned in 1556 simply by reappearing at Artigat — moved in with Bertrande — resumed the vanished man’s name and with it his place in the village. There were suspicions from the first that he wasn’t quite right … but this man had Martin’s stories, and the villagers didn’t have so much as a photograph to test him against.

Martin was accepted in Artigat for three-plus years, fathered two children with Bertrande, and managed the estate as head of household. In Davis’s telling, he appears much the better husband and father than the pre-1548 version, and this bolsters her case that Bertrande must have been complicit in the fraud that unraveled in 1560.

Property and inheritance conflicts with Martin Guerre’s uncle (now married to Bertrande’s widowed mother) brought to the courts the novel case: was this man really Martin Guerre?

The inconclusive tools for establishing identity and a deft defense by “Martin” must have made for a riveting legal drama (French link) — with villagers taking up competing sides and the man put to the test of his memory of Martin’s life, which he impressively aced. So thoroughly did the man command the role that

the gesture, deportment, air, and mode of speaking of the prisoner were cool, consistent, and steady; while those who appeared in the cause of truth were embarrassed, hesitating, confused, and on certain points contradictory in their evidence. (Source)

On the point, perhaps, of acquittal, the case was resolved like any legal potboiler should be: with the dramatic reappearance of the real Martin — for so all the conflicting witnesses quickly agreed him to be, and so confessed the imposter husband, Arnaud du Tilh (or Arnaud du Tilb), a peasant from a nearby village also nicknamed “Pansette”. A onetime army buddy of Guerre’s, the enterprising du Tilh had been mistaken for Guerre, and had pieced together enough of the absconded husband’s life that by dint of total recall and superhuman audacity, he made for his own the place in the world that Martin Guerre disdained.

The sentence of the court was that Martin Arnaud

make amende honorable in the marketplace of Artigat, in his shirt, his head and feet being bare, a halter about his neck, and holding in his hands a lighted torch; to beg pardon of God, the king, and the justice of the nation; of the said Martin Guerre, and de Rols his wife; and this being done, the said du Tilh shall be delivered into the hands of the executioner, who after making him pass through the streets, and other public places in the said town of Artigat, with a rope about his neck, at last shall bring him before the house of the said Martin Guerre, where, on a gallows set up for that purpose, he shall be hanged and strangled, and afterwards his body shall be burnt. (Source of the translation, slightly tidied up based on the French version here)

Arnaud du Tilh, and Martin Guerre with him, passed thereupon into the historical memory, for in assigning names to bodies, had the court really sorted out who was who? What does it mean to drop out of one’s society … and what rights can one expect to command upon returning? What did it mean to be Martin Guerre but to live in the house of Martin Guerre and manage the affairs of Martin Guerre? And the characters: Arnaud with his mysterious spark of bravado; Martin and his sudden and unexplained reappearance; the two of them as if cast for one another’s roles in life and crossed up by the gods.

And the mysterious Bertrande — what did she do, and what did she want?

A bit of Rorschach history, then, which accounts for the still-robust liveliness the tale enjoys four and a half centuries later. And let’s admit: a bit of wistfulness for the time you could start on a clean sheet just by changing your name. (Although illiterate 16th century peasants had achieved TSA-quality security protocols in this respect.)

Natalie Zemon Davis, whose own account has been criticized for overclaiming Bertrande’s role and motivations, also consulted as she was writing it for a Gerard Depardieu film of the same title.

The same story transplanted to the Civil War United States yielded the 1993 film Sommersby:

And if you must, you can see Martin Guerre in show tunes.

(This medley sequence has second and third parts as well.)

On this day..

1973: Victor Jara, among thousands in Chile’s September 11

At an unknown time on this evening in 1973, or else the early hours of the following day, Chilean putschists ushering in the Pinochet dictatorship machine-gunned folk singer Victor Jara near the Santiago stadium that today bears his name.

“I don’t see why we need to stand idly by and let a country go communist due to the irresponsibility of its own people,” said Henry Kissinger of Allende’s election. Victor Jara had another idea.

Four days before, Chile’s September 11 had seen General Augusto Pinochet topple the elected leftist government of Salvador Allende, murdering the president in his palace. (Or, go some accounts, Allende committed suicide — “pausing only twice to reload.”)

A long pall of evil settled over the country, with all the accustomed chilling familiars: “disappeared” people, mirrored shades, Jeane Kirkpatrick.

The day after the CIA-backed coup, popular folk singer and activist Victor Jara, a pioneer of the Nueva Cancion (“New Song” movement) then teaching at Santiago’s Technical University, was among thousands of undesirables rounded up and packed off to a makeshift prison camp at the city’s Chile Stadium — a stadium Jara had performed at.*

Left there to the tender mercies of a thuggish Chilean officer, Jara was beaten and tortured over the intervening days — evocative but possibly undependable tradition holds that the guitarist’s hands were cut off, shattered or otherwise destroyed. According to the U.S.-based United States Institute of Peace,

[t]he the last day Víctor Jara was seen alive was September 15. During the afternoon he was taken out of a line of prisoners who were being transferred to the National Stadium. In the early morning of the next day, September 16, shantytown dwellers found his body, along with five others, including that of Littré Quiroga Carvajal, near the Metropolitan Cemetery. As the autopsy report states, Víctor Jara died as a result of multiple bullet wounds (44 entry wounds and 32 exit wounds).

The Commission came to the conviction that he was executed without due process of law by government agents, and hence in violation of his fundamental human rights.

To say the least.

And as the text implies, Jara was only the most recognizable name among unknown hundreds killed as the military cemented its control of the country.

Jara remains larger-than-life martyr figure in Latin America and liberation movements worldwide, but he’s almost unknown north of the Rio Grande. Pinochet was our bastard; in the weird way history writes its own geography, Jara became a political emblem behind the Iron Curtain for the perfidy of the capitalist powers: obscure in Peoria, but a household name in Potsdam, as the credit roll from this 1978 East German film suggests.**

That’s Jara himself on the soundtrack, of course. The pat conclusion for such a figure is that his art is his legacy, and that Jara’s body of work as against Pinochet’s will be a walkover in posterity. Is that enough? Pinochet died in his bed at age 91; earlier this year, the Jara case was closed in underwhelming fashion. Thirty-five years down the road, most authors of Pinochet’s human rights depredations are dead or lost or decrepit. Justice delayed is justice denied.

Victor’s widow, Joan Jara — today director of the Fundacion Victor Jara (it’s a Spanish-only site); you can hear her interviewed on Democracy Now! for the 25th anniversary of her husband’s death in 1998 — managed to leave the country with some of his works.

Her publication of a poem he wrote while imprisoned, an untitled, unfinished work generally known as “Estadio Chile,” made it a signature cry of hope amid desperation. Here it is in the Spanish rough-hewn under the shadow of death; there’s an English translation here.

Somos cinco mil
en esta pequena parte de la ciudad.
Somos cinco mil
¿Cuantos seremos en total
en las ciudades de todo el pais?
Solo aqui, diez mil manos que sembran
y hacen andar las fabricas.

¡Cuanta humanidad
con hambre, frio, panico, dolor
presion moral, terror y locura!

…¡Y Mexico, Cuba y el mundo?
¡Que gritan esta ignomonia!

Somos diez mil manos menos
que no producen.
¿Cuanto somos en toda la Patria?
La sangre del companero Presidente
golpea mas fuerte que bombas y metrallas.
Asi golpeara nuestro puno nuevamente.

¡Canto que mal me sales
cuando tengo que cantar espanto!
Espanto como el que vivo
como el que muero, espanto.

De verme entre tanto y tantos
momentos de infinito
en que el silencio y el grito
son las metas de este canto.
Lo que veo nunca vi,
lo que he sentido y lo que siento
hara brotar el momento…

Whether or not it’s enough, his work is his legacy after all.

* Some 7,000 people were held at Chile Stadium in the days after the coup, most later moved in with other detainees at the larger Estadio Nacional. The USIP excerpt alludes to Jara being pulled out for execution during such a move.

** In a similar vein, Stanford has a small online exhibit of Jara-themed East German propaganda art. Not to be outdone, there’s a Soviet rock opera about Jara, and an asteroid discovered by a Soviet astronomer was named in Jara’s honor within a week of his execution.

On this day..

2004: Mamoru Takuma, for the Osaka school massacre

On this date in 2004, Mamoru Takuma was hanged for one of the most notorious crimes in modern Japan — the Osaka school massacre.

On June 8, 2001 — a day the 11-time arrestee was due in court for assaulting a bellhop — Mamoru Takuma (English Wikipedia entry | Japanese) entered the Ikeda Elementary School in Osaka and knifed 20-plus people, killing eight young students.

Even when taking on 7- and 8-year-old children, that’s an astonishing body count for a guy packing only a blade. Some staff at the school finally tackled the guy.

“I want others to know the unreasonableness that high-achieving children could be killed at any time.”

Takuma had been institutionalized even more often than he had been arrested, so the shocking crime pitted public outrage against the judiciary’s capacity for handling mentally ill offenders.

Guess which won out. In the wake of the crime, in fact, the government toughened laws on crimes committed by mentally ill offenders.

Takuma was hanged barely three years after the attacks, and even though he pushed for his own execution, the lightning-fast completion of the sentence (most death penalty cases in Japan drag on for decades — here’s an extreme example) raised misgivings both domestic and international.

Though his case remains an outlier, those concerns already seem a bit passe: Takuma also turned out to presage the distinctly more aggressive pace of executions in Japan in recent years.

On this day..

1946: Amon Göth, Schindler’s List villain

On this date in 1946, Plaszow concentration camp commandante Amon Göth was hanged near the camp site by Poland’s postwar Communist government.

Göth is most widely recognizable as Ralph Fiennes’ fiendish character in Schindler’s List, one of the American Film Institute’s top movie villains of all time. (And, naturally, a first-class bastard in real life, too.)

A short-drop strangulation is not the way you’d want to go. It turns out, though, that Steven Spielberg (ever the sentimentalist) seriously tidied up the proceedings.

As you watch the video of the real Amon Goeth’s exit below — and it’s a snuff film, so proceed advisedly — consider the following:

  • Amon Goeth does bear a passing fair resemblance to Ralph Fiennes.

  • To judge by their getup — dig the masks! — the executioners might have been Batman and Robin.
  • To judge by the discharge of their duties, the executioners might have been Larry, Moe and Curly. Goeth survived two drops (notice the executioner on the right gesticulating in frustration as the second try fails) before they finally got it right:

On this day..

1860: (William) Walker, Nicaragua Ranger

On this date in 1860, a kid from Tennessee who had made himself President of Nicaragua got his grateful subjects’ comeuppance in the form of a fusillade.

It was westward the wagons that first bestirred the pioneering blood of William Walker, a scion of privilege with an Ivy League medical degree, who uprooted for San Francisco in 1849.

But the “grey-eyed man of destiny” had an altogether grander gold rush in mind, as he stared pensively into the middle distance.

The air was fervid with Manifest Destiny, and most Americans reckoned that the entire hemisphere was its rightful Manifestation. In a time when private settlers effected the statecraft of conquering the Great Plains, was it really any crazier for Walker to fancy privately conquering some distracted European power’s American colonies?

Walker was one of — soon to be the most famous of — a whole class of such characters: filibusters, a word etymologically rooted in piracy but now claimed by the bustling ranks of soldiers of fortune with private militias bent on detaching some parcel of land from south of the border, for money or glory or what have you.*

Oh, and “what have you”? That means slavery.

Nicely dovetailing the individual spur to derring-do, the South’s structural impulsion to expand slaveholding territories to maintain political parity encouraged — and often bankrolled — filibuster adventuring.

It is to these unwholesome fellows that the United States likely owes its sovereignty over Texas, which was pelted with Anglo filibustering expeditions in the early 19th century, helping set the table for the revolution that severed the Lone Star state from Mexico; arguably, the Texas Revolution itself was a (fantastically successful) filibuster.

So Walker had the glittering destinies manifest before his grey eyes when he put off the white collar career to play soldier. After an abortive 1853 attempt to set up his own country in Mexico’s Baja California — a jury instantly acquitted him of waging war on a neutral power; filibustering, and damn near anything that promised America more Manifestly Destined land, was as popular as it was illegal — Walker moved on war-torn Nicaragua under the guise of a “colony”. With a few hundred men, he was able to conquer the capital and set himself up as head of state.

Who knows whether he could have had a future if he’d done it differently. In the actual fact, he wasn’t as hot an administrator as his ego might then have been telling him. He revoked Nicaragua’s anti-slavery edicts, of course; though this sparked resistance, more damaging may have been revoking a Vanderbilt trade concession and bringing a tycoon into the private warfare game on the opposite team.

Cornelius Vanderbilt-backed opponents drove Walker out of Nicaragua in 1857. Not knowing when he was beat, the ex-Presidente kept knocking around stateside piecing together several expeditions, each sadder than the last … until in 1860, when a landing at Honduras collapsed, and he surrendered himself to a British (rather than American) officer. Europeans with colonies to exploit didn’t have much use for filibustering, and Walker had made everyone nervous by openly aspiring to conquer Nicaragua’s neighbors — including British assets. Rather than return him home where he could continue scheming to meddle in the future canal zone, the Brits handed him over to the Hondurans, who stood him in a court-martial, then stood him up against a wall.

Alex Cox (Repo Man) turned this bizarre biography into a film, back when Ronald Reagan’s filibusters narco-terrorists “moral equals of our founding fathers” were having their own unofficial way with the country Walker once governed:

And for a corner of Americana little-known to most in the U.S. — well, the colorful, nigh-unbelievable quality of the action has overridden its obscurity when it comes to the written word.

Various books about William Walker and Filibustering

* More familiar for most Americans is “filibuster” as a legislative maneuver — refusing to yield the floor during debate to forestall the passage of a bill. Not surprisingly, this usage came online at the same time mercenary filibusters were active, and proceeds from the word’s original sense of “piracy”.

On this day..

1599: Beatrice Cenci and her family, for parricide

On the morning this day in 1599, the Cenci family — mother Lucrezia, son Giacomo, and immortal tragic heartthrob Beatrice — were put to death at Sant’Angelo Bridge for murdering the clan’s tyrannous father.

Francesco Cenci, the victim, was more accustomed to making victims of his own: detested around the Eternal City, he indulged his violent temper and fleshy lusts with the impunity of a wealthy cardinal’s son. By all accounts, he enjoyed pushing around his family, too.

This much is stipulated. What lies beyond is legend.

But the legend is why we’re dallying with Beatrice today, so we might as well begin there: in fear that her father would rape her, it goes, Beatrice tried to turn to the authorities, who let mean old dad walk on account of his connections. Desperate to protect herself from incest, Beatrice and family arrange to batter his gulliver and toss him over a balcony to make it look like suicide.

Slight problem: it didn’t look very much like suicide.

So the family was hauled in and tortured, and eventually Lucrezia and Beatrice (both beheaded) and Giacomo (quartered after suffering the mazzolatura of an incapacitating hammer blow to the head followed by gory lethal knifework by the executioner) all paid the price while the youngest child watched, spared death but condemned to life in the galleys.

(The papacy gobbled up the patricides’ estate, which puts a fine point on the ironically-named Pope Clement VIII‘s law-and-order stance on the appeal for mercy, and his subsequent edicts to quash public comment on the affair.)

Then Beatrice’s body — the part below the neck — contrived to disrobe when fumbled by the brethren taking it away for burial.

You’ve got to admit it’s pretty romantic. Some versions even hold that the responsible executioners died violently themselves within a month, or that a ghostly Beatrice returns to the scene of her demise on this anniversary.

And not a word of Italian fluency will be necessary to catch the gist of this excerpt from this 1969 Lucio Fulci film:

It’s a little too Romantic, as in capital-R.

While the case was a true sensation Rome at the turn of the 17th century, the legend as we know it was heavily constructed in the 19th century … and specifically Percy Bysshe Shelley, who heard the story in Italy* where it had persevered as local folklore. A girl who killed her despot-father, executed by the despotic agents of the Divine Father? You don’t get into the canon without knowing what to do with that kind of material.

And he had this charming painting of her to boot:

Shelley amped up the menaced-virginal-purity theme, made the bloodshed a lot more demure, and turned it into a long poem, “The Cenci” (available on Google Books, and on Bartleby.com) which in Melville’s description proceeds from putting its protagonist between the “two most horrible crimes possible to civilized humanity — incest and parricide.”

This doesn’t all actually turn out to be well supported: at a minimum, Shelley inflated an incest allegation of doubtful lineage into accomplished fact. Beatrice’s camp did not raise this claim until just before her execution, when it needed a high card for clemency. The loutish victim eventually got his own biographer, who strongly disputed the incest charges. (Francesco also sports his own Italian Wikipedia page.)

From Shelley’s influential quill** into the DNA of western literature: Stendahl tapped the vein, as did Artaud, and risorgimento figure Francesco Domenico Guerrazzi; both Melville and Hawthorne used that painting so captivating to Shelley as plot devices (Dickens loved the painting, too). American sculptor Harriet Hosmer worked Cenci’s complex sensuality in marble.

Remarkable how the tradition in its modern incarnation proceeds root and branch from Shelley’s apprehension of a single painting, and how his reading stamped itself upon the canvas for later observers — like Hawthorne, writing in his journal:

It is the very saddest picture that ever was painted, or conceived; there is an unfathomable depth and sorrow in the eyes; the sense of it comes to you by a sort of intuition. … It is the most profoundly wrought picture in the world; no artist did it, or could do it again. Guido may have held the brush, but he painted better than he knew. I wish, however, it were possible for some spectator, of deep sensibility, to see the picture without knowing anything of the subject or history; for no doubt we bring all our knowledge of the Cenci tragedy to the interpretation of the picture.

He wrote better than he knew: the painting is no longer attributed to Guido Reni, and it’s doubtful whether it’s a portrait of Beatrice at all. One wonders if it would retain its place in Hawthorne’s estimation as a local washer-woman modeling for an allegory.

* Apparently you can still crash at the same place Shelley first got hep to Cenci.

** Kick back with some polysyllabic literary analysis of Shelley’s Cenci stuff.

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1977: Hamida Djandoubi, Madame Guillotine’s last kiss

On this date in 1977, the guillotine claimed its last head.

The famous and infamous blade dropped for the last time at Les Baumettes prison in Marseilles on Hamida Djandoubi, a Tunisian immigrant convicted of the torture-murder of the naive young girlfriend he had forced into prostitution. Oddly, he had already had another appendage — a leg — amputated as a result of a work accident; it was while recuperating that he caught the fascination of his hospital roommate’s 19-year-old daughter, Elisabeth Bousquet.

Though the death penalty was grinding to a halt in 1970’s France, Djandoubi was not the last person condemned (the link is French); the guillotine was only abolished with the election of the Francois Mitterand government in 1981.

Today, Executed Today discusses the case with the man who wrote the book on Djandoubi:* expat Canadian writer Jeremy Mercer. Be sure to check his photo series on the Djandoubi case — including discomfiting shots of Djandoubi re-enacting his crime with a police secretary playing the victim, and the killer in happier times.

ET: Thanks for joining us.

JM: Thanks for the opportunity to speak with Executed Today. I moved to Marseille in 2003 and shortly after I stumbled upon the rather arcane fact that the last man guillotined in France was executed at the local prison on September 10, 1977. I thought it was interesting angle on capital punishment and I decided to try and write a book that mixed true crime and death penalty philosophy. As a result, I’ve been immersed in the death penalty debate for the better part of five years.

Let’s start with Hamida Djandoubi himself — 31 years on, he looks like a nasty but fairly run-of-the-mill criminal. Was it strictly coincidental that he became the last man executed?

It was absolutely random fate. It was really odd – during the 1970s, the death penalty debate was raging in France and most capital cases became national news. But the Djandoubi case went completely under the radar, partly because his lawyer didn’t drum up any attention and partly because his victim was a presumed prostitute and the media prefers ‘sexier’ victims – the elderly, little children, a dentist of good standing walking her dog at night.

Even odder, if you surveyed most French people today, they would tell you that Christian Ranucci was the last man guillotined. Ranucci was a young white man who was accused of killing a little girl. He claimed his innocence, but was nonetheless executed in June 1976 (14 months before Djandoubi). Afterward, a best-selling book and major film were released that argued Ranucci was innocent so his name really sticks in the minds of the French.

Obviously, there’s plenty of tension with North African communities in France still today. Djandoubi was Tunisian, and he was convicted of murdering a white woman. How significant was racial marking in the way his case was handled, inside the courts and out?

This is really curious. In the 1960s and 1970s, the French courts were tainted by racism and one of the national papers even ran an editorial saying that it is better to be named “Marius than Mohamed” when appearing before a French judge. But, in this case, it was Djandoubi’s own lawyer who was a member of a far-right party and staunchly anti-Arab so his case was undermined even before it went to court.

It is one of those frustrating moments. You assume that a death penalty case is of such importance that top professionals are involved. Instead, Djandoubi chose the civil lawyer who negotiated his accident benefits after he had an accident at work and ended up with a very poor defence.

As I said above, his murder victim had worked as a prostitute, which diminished some of the public outrage. As well, his three rape victims were all Algerian girls aged 14 – 16. I guarantee you the case would have been much more explosive if those three girls had been white.

Your book is partly about Djandoubi himself, and partly about the history of the death penalty and especially the guillotine in France. How had the guillotine shifted in France’s identity by the time of this execution?

At first, when the guillotine was introduced, it was public sensation and executioners became celebrities with special edition postcards in their honour and fan mail and all that. As late as the 1860s, tour groups like Thomas Cook were actually organizing execution trips so English tourists could see the guillotine at work. But, bit by bit, the French became a little embarrassed by the fame of the machine. First, they removed the scaffolding that raised the guillotine above the crowds so that it would be brought down to earth and spectators’ views would be impaired; then, they stopped holding executions in the afternoon and held them at the less fan-friendly time of dawn; then, instead of guillotining people right downtown, they did it outside a prison in an obscure neighborhood at the edge of Paris; and, finally, in the 1930s they moved the guillotine inside the prison walls and it was no longer a public event. By the 1970s, the guillotine held such a low profile that many people thought it was defunct and that the French government was using the electric chair.

Interestingly enough, the fall from glory of the guillotine mirrors the general attitude toward capital punishment. By the late 1800s, many countries were already abolishing the death penalty and by the 1970s France was the last country in Western Europe to resort to capital punishment. In the end, the guillotine became the country’s dirty little secret that they kept hidden in their closet.

What are the bits of guillotine folklore you found most interesting?

The most popular stories involve the life in the head after it is severed from the body. It all began with the guillotining of Charlotte Corday, who had stabbed Jean-Paul Marat to death as he soaked in his bathtub. After she was guillotined, the executioner held her head up to the crowd and slapped her on the cheek. But, according to newspaper accounts, both cheeks reddened, as if Corday was indignant by this treatment. Suddenly, everyone began to wonder what a severed head can feel or think.

This curiosity became even more intense a few weeks later when the chief executioner, Charles Henri Sanson, guillotined two political rivals one after the other. He told friends that when he looked in the basket where he kept the heads, one politician’s head was biting the other politician’s head!

So, all this got the scientists really excited and the experiments began. One doctor, Dassy de Ligières, was allowed to take a head back to his laboratory where he connected it to a living dog and pumped blood back into it. He kept hoping the head would speak, but alas, no.

The definitive experiment was conducted in 1905 when Dr. Beaurieux was given permission to wait beside the guillotine and examine the head the moment it was cut. Dr. Beaurieux interviewed the condemned man in prison and came up with a pre-arranged set of signals. The day of the execution, the doctor had incredible luck –the head did a little twist when falling and landed on the stump, slowing the loss of blood. Dr. Beaurieux then called the man’s name three times. At 5 seconds, the man was able to look at the doctor and his recognize him; at 15 seconds, the man was able to look at the doctor but his eyes were unfocussed; and at 25 seconds, the man could barely glance at the doctor. So, to the best of our knowledge, a guillotined head maintains some level of consciousness for more than 20 seconds.

You’re working with Robert Badinter — tell us about him, and his upcoming tour in the U.S.

Robert Badinter is simply the greatest man I’ve ever had the honor of working with. He became a dedicated abolitionist after one of his clients was unjustly guillotined in 1972 and dedicated the next decade of his life to fighting the death penalty. In the end, he saved six lives and ultimately wrote the legislation that abolished the death penalty in 1981 when François Mitterrand named him Minister of Justice.

I interviewed Badinter for my own book in 2005 and he asked me if I could look into translating one of his books into English. When I had time in 2007, I set about the task and now Abolition has been released by Northeastern University Press.

Badinter’s Abolition, in French and in Mercer’s translation

To mark the book’s release, Badinter will be holding three conferences in America on the death penalty and strategies to abolish it:

Why, in your judgment, did France abolish the death penalty? And even before abolition, why did its use abate so dramatically in the postwar era?

For many people, it was a tremendous humiliation for France, the birthplace of human rights and the Enlightenment, to be the last country in Western Europe to use the death penalty. The abolition movement began when Portugal abolished the death penalty for common crimes in 1867 and by the late 1970s, nobody was using it in Europe. Even in Spain, one of the first things they did after the death of Franco was abolish the death penalty.

So, the use of the guillotine simply had to abate because the world was becoming aware that the death penalty is a flawed punishment: the risk of executing innocents, the cost of capital trials, the predominance of poor and minorities on death row, the lack of deterrence value. But, as long as there was a right-wing government in power in France, they couldn’t abolish the death penalty because they wanted to appear tough on crime and polls showed a majority of the French people wanted to keep the guillotine.

Once Mitterrand and the Socialists were elected in May 1981, it was clear the death penalty would be abolished, and sure enough, five months later it was gone

Where do you think the death penalty is going in America? And can one really think of worldwide abolition as a legitimate possibility?

I am absolutely convinced we will see almost worldwide abolition by 2050. There will always be a few rogue states, but the death penalty is such an obviously flawed form of punishment it will inevitably be eliminated.

In terms of America, Badinter and I have discussed it at length. He believes the country is ready for abolition and that all is needed is one trigger case: a middle class white guy with a reasonable claim to innocence who is about to executed. This would really instigate a debate on the penalty and as soon as you bring in all stats — the 130 plus people who have been exonerated while on death row, the work of the Innocence Project, the race bias, the cost of capital trials, the overworked public defenders etc etc — I think it would be a slam dunk.

Personally, I think people are selling the abolition the wrong way. Every time I meet a die-hard death penalty supporter who wants a serial killer or a child rapist killed, I ask him or her “Why are you so merciful?” Because, I honestly believe life in prison is a far worse punishment than being executed.

* Here’s a review of Mercer’s book.

On this day..

1990: Samuel K. Doe

On this date in 1990, deposed Liberian strongman Samuel Kanyon Doe was tortured and summarily executed in Monrovia by the putschists that overthrew him … and gruesomely filmed in the process.

Doe had come to power killing his predecessors — personally murdering, some sources say, President William Tolbert in 1980, then executing his chief aides.

That coup toppled civilian authority in the west African country now permanently prefixed with the adjective “troubled.” “The first of the monsters,” the War Nerd called him: Doe’s murderous rule through the 1980’s set up the succession of current war crimes prisoner Charles Taylor.

Samuel Doe’s turn in the obituaries arrived in particularly grisly fashion, with Taylor rival/semi-ally* Prince Johnson swilling beer as he interrogated — and ordered the ear sliced off — the groveling former head of state before having him executed. (Or if you like, just plain murdered.) The video shot of Doe’s ordeal became an international sensation … so it’s a little surprising that only this paltry excerpt seems to be readily available online:

* And current Liberian Senator! He feels just awful about the whole torturing-the-President-to-death thing.

On this day..

1642: Thomas Granger and the beasts he lay with

On this date in 1642, a teenager was hanged in the Plymouth colony for bestiality — in accordance with the law of the Pentateuch.

William Bradford — we just met him, trying to keep things cool with the Indians — relates the “very sadde accidente of the like foule nature in this govermente”:

Ther was a youth whose name was Thomas Granger; he was servant to an honest man of Duxbery, being aboute 16 or 17 years of age. (His father and mother lived at the same time at Sityate.) He was this year detected of buggery (and indicted for the same) with a mare, a cowe, tow goats, five sheep, 2 calves, and a turkey. Horrible it is to mention, but the truth of the historie requires it. He was first discovered by one that accidentally saw his lewd practise towards the mare. (I forbear perticulers.) Being upon it examined and committed, in the end he not only confest the fact with that beast at that time, but sundrie times before, and at severall times with all the rest of the forenamed in his indictmente; and this his free-confession was not only in private to the magistrates, (though at first he strived to deney it,) but to sundrie, both ministers and others, and afterwards, upon his indictemente, to the whole court and jury; and confirmed it at his execution. And whereas some of the sheep could not so well be knowne by his description of them, others with them were brought before him, and he declared which were they, and which were not. And accordingly he was cast by the jury, and condemned, and after executed about the 8 of Sept 1642. A very sade spectakle it was; for first the mare, and then the cowe, and the rest of the lesser catle, were kild before his face, according to the law, Levit: 20.15 and then he him selfe was executed.* The catle were all cast into a great and large pitte that was digged of purposs for them, and no use made of any part of them.

So, pilgrims: weird about sex, a bit rough with the punishment. No wonder they got a rep.

Granger is the first juvenile known to be executed in the territory of the modern United States — if you like, you could read it as the start of a pattern, even though almost a century would pass before the next such execution. “Juvenile” is a relative term, of course, since we see our day’s victim across a historical redefinition (arguably, outright creation) of “childhood” in the centuries to come: Granger left a wife and daughter.

“Sodomy, rapes, buggery,” were one of the five classes of crimes punishable by death according to the Plymouth Colony’s 1636 statutes. Still, Granger’s is the only one of ten recorded Plymouth Colony executions not imposed for murder (Source, via.) — not that other hot-blooded Puritans, including later zoophiles, didn’t get themselves into hot water.

American poet Charles Olson reimagined Thomas Granger in the 1940’s by remixing William Bradford’s narrative into a startlingly poignant piece, “There was a Youth whose Name was Thomas Granger”:

From the beginning, SIN
and the reason, note, known from the start

says Mr. Bradford: As it is with waters when
their streames are stopped or damed up, wickednes

(Morton, Morton, Morton)
here by strict laws as in no more,
or so much, that I have known or heard of,
and ye same nerly looked unto
(Tom Granger)
so, as it cannot rune in a comone road of liberty
as it would, and is inclined,

it searches every wher (everywhere)
and breaks out wher it getts vente, says he

Rest, Tom, in your pit where they put you
a great & large pitte digged of purposs for them
of Duxbery, servant, being aboute 16. or 17. years of age
his father & mother living at the time at Sityate

espetially drunkennes & unclainnes
incontinencie betweene persons unmaried
but some maried persons allso
And that which is worse
(things fearfull to name)

HAVE BROAK FORTH OFTENER THAN ONCE
IN THIS LAND

2
indicated for ye same) with
a mare, a cowe, tow goats, five sheep, 2. calves
and a turkey (Plymouth Plantation)

Now follows ye ministers answers

3
Mr Charles Channcys a reverend, godly, very larned man
who shortly thereafter, due to a difference aboute baptising
he holding it ought only to be by diping
that sprinkling was unlawful, removed him selfe
to the same Sityate, a minister to ye church ther

in this case proved, by reference to ye judicials of Moyses
& see: Luther, Calvin, Hen: Bulin:. Theo: Beza. Zanch:
what greevous sin in ye sight of God,
by ye instigation of burning lusts, set on fire of hell,

to procede to contactum & fricationem ad emissionem seminis,
&c.,
& yt contra naturam, or to attempt ye grosse acts of

4

Mr Bradford: I forbear perticulers.
And accordingly he was cast by ye jury,
and condemned.

It being demanded of him
the youth confessed he had it of another
who had long used it in old England,
and they kept cattle together.

And after executed about ye 8. Of Septr, 1642.
A very sade spectakle it was; for first the mare,
and then ye cowe, and ye rest of ye lesser catle,

were kild before his face, according to ye law
Levit: 20.15.

and then he him selfe

and no use made of any part of them

* The hangman, John Holmes — no, not that one — claimed a fee “for x weeks dyett for Granger £1., and for executing Granger and viij beasts, £2.10.0.” His count of executed beasts falls short of the total (12) enumerated by Bradford, presumably accounted by the difficulty in identifying the sheep.

On this day..

1943: 186 prisoners at Plotzensee Prison

As dark fell on the evening of September 7, 1943, a mass execution of 186 death row prisoners — including six with unresolved clemency appeals — began at Berlin’s bomb-damaged Plotzensee Prison, continuing by candlelight until the following morning.

An Allied air raid the night of September 3-4 had struck the facility, allowing four prisoners to escape and damaging the guillotine and execution shed where sentences were normally carried out. Coincidentally, that had come hours after Hitler had (as was his wont, in common with many a politician to the present day) castigated the judiciary for the dilatory rigmarole that allowed the condemned to delay their fate with legal appeals.

Converging circumstances generated sensible elite consensus:

That is the last thing we need, that after the air raids a few hundred condemned to death would be let loose on the population in the Reich capital.
-Goebbels

Instead, at the order of Reich Minister of Justice Otto George Thierack, cases were quickly tied up for a night of mass hangings.

Protestant pastor Harold Poelchau described (pdf) what he witnessed.

As darkness fell on September 7 the mass murders began. The night was cold. Every now and then the darkness was lit up by exploding bombs. The beams of the searchlights danced across the sky. The men were assembled in several columns one behind the other. They stood there, at first uncertain about what was going to happen to them. Then they realized. Eight men at a time were called by name and led away. Those remaining hardly moved at all. Only an occasional whisper with my Catholic colleague and myself … Once the executioners interrupted their work because bombs thundered down nearby. The five rows of eight men already lined up had to be confined to their cells again for a while. Then the murdering continued. All these men were hanged. … The executions had to be carried out by candlelight because the electric light had failed. It was only in the early morning at about eight o’clock that the exhausted executioners paused in their work, only to continue with renewed strength in the evening.

And as Poelchau intimates, the fearful harvest of September 7-8 was not the end of the massacre. Dozens more followed over the ensuing days, for a total of more than 250 executions at Plotzensee September 7-12.

Notable among the victims was 27-year-old German-Dutch concert pianist Karlrobert Kreiten, memorialized at this German page. He’d been a little too loose with his distaste for Hitler and been arrested on the eve of a concert a few months before.

In 2003, Dutch composer Rudi Martinus van Dijk debuted his Kreiten’s Passion, an excerpt fo which can be enjoyed on the composer’s homepage.

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