Lezmond Mitchell, the only Native American on federal death row, was killed by lethal injection at Terre Haute, Indiana for murdering 63-year-old Alyce Slim and her nine-year-old granddaughter Tiffany Lee. The offender and both victims were members of the Navajo Nation, and the crimes occurred on the Navajo Reservation in the northeast corner of Arizona.
Mitchell and a companion named Johnny Osringer — underaged, and therefore serving a life sentence instead — were picked up hitchhiking by the victims in 2001. They stabbed Alyce Slim to death when she stopped to let them out, then to murder the terrified little girl in greater privacy, drove her 30 miles into the mountains sitting next to her grandmother’s bloody corpse.
The horrific crime carried with it a problematic jurisdictional question that’s legacy of the continent’s Anglo conquest.
Within their treaty lands, indigenous nations still assert internal sovereignty when it comes to handling criminal offenses — sovereignty that Congress has legislated against by placing some big-ticket crimes like murder and rape under federal jurisdiction.
Neither this arrogation of authority in general nor its application to Mitchell in particular have been embraced by the Navajo Nation, which has advocated against the execution for many years and on the day it occurred issued a statement denouncing it.
The Navajo Nation’s position, from the beginning, was to advocate for the sovereign status of the Nation. Our decision not to accept the death penalty in federal cases remains a Navajo decision, but in this instance the federal government ignored the Navajo Nation. This is an affront to our Nation because we should be the ones to decide these matters. The federal government charged a crime that was added in 1994 to the Federal Death Penalty Act and blindsided the Navajo Nation by using this to sidestep the Navajo Nation’s position.
We have a court system that is fair and just for all persons. We have laws that protect our People. We have brave men and women on our police force to watch over us. Crimes committed on the Navajo Nation are for us to decide. Our judicial and public safety system considers restorative justice in court cases as based on our custom and traditions of hozho’ and k’e. Federal officials may not understand our family connections and our strength in keeping harmony. So, we invite them to meet with us and find an answer to address this important death penalty matter.
The Navajo Nation asked for clemency in Mr. Mitchell’s case in changing his sentence to life in prison without possibility of release. This is the same request supported by U.S. Senators, U.S. House Representatives, Tribal Nations, and tribal organizations. But our collective voice was ignored. We don’t expect federal officials to understand our strongly held traditions of clan relationship, keeping harmony in our communities, and holding life sacred. What we do expect, no, what we demand, is respect for our People, for our Tribal Nation, and we will not be pushed aside any longer.
We thank the many Tribal Nations who supported the Navajo Nation’s stand on sovereignty, and we appreciate the Tribal organization’s letters advocating for tribal sovereignty. We now call on all Tribal Nations and Tribal organizations to begin a dialogue on a respect for tribal sovereignty, respect for all Tribal Nation, and respect for Native Americans. We are moving forward in this fight and we ask all to join us.
Mitchell’s was the fourth federal execution conducted in little more than a month as part of a calculated campaign by Trump administration attorney general William Barr. Prior to the current paroxysm, the United States federal government (as distinct from its 50 states’ separate jurisdictions) had conducted only three executions — all in the early 2000s, most notably Oklahoma City bomber Timothy McVeigh — in the past 57 years.
America’s crisis of police violence has produced innumerable horrific snuff films. One of the worst is the January 18, 2016 bodycam footage of Mesa, Arizona cop Philip Brailsford executing Daniel Shaver in the hallway of a La Quinta Inn.
In this nauseating five-minute video we see — classic horror film technique — right down the gunbarrel as Sgt. Charles Langley screams at Shaver and a companion, Monique Portillo. Langley and his partner, Brailsford, are responding to a report of a gun: it’s Shaver’s air rifle, which he uses in the pest control work that has brought him to Mesa on business.
After making both parties surrender themselves, Langley and Brailsford disdain such obvious techniques as “move in and frisk them,” instead choosing to subject their prey to a bizarre impromptu game of Simon Says, repeatedly threatening — one might almost say, relishing the anticipation of — the summary death that they’ll soon deliver.
They’re armed not only with AR-15s and an excess of machismo but with the legal doctrine of “Qualified Immunity”, which protects state officials (including but not only law enforcement) from personal liability when they undertake official acts. Such immunity is supposedly contingent on the act falling somewhere within hailing distance of reasonable. In practice, courts always find that qualified immunity applies in excessive-force situations, especially under the infinitely elastic standard of “officer safety” that permits the most specious and absurd claim of police fear to excuse any degree of force in response: “qualified” immunity is really more like “an absolute shield.”
Brailsford and Langley have been trained on this doctrine, just as they’ve been trained for the kind of situation they’re in. Not so Shaver: the traveling exterminator is going to get one chance, and it’s somehow Shaver’s responsibility to manage the situation to the satisfaction of his prospective murderers. (Shaver is also somewhat drunk here.)
When the terrified man is ordered to push himself from a prone position up to his knees, his legs come uncrossed, violating the previous arbitrary instruction that Langley has given him and causing the armed yahoos to straight-up lose their shit.
A panicking Shaver attempts to placate them by putting his hands behind his back — submissively, he thinks, but of course the voices behind the gunsights here pretend to think he might be going for a weapon and again threaten him with execution. “You do that again, we’re shooting you!” Langley barks. (God, please do it again.) Now sobbing and pleading for his life with two guys who don’t like him and can freely merc him, Shaver attempts to comply with their gratuitously humiliating demand that he crawl towards them, when he’s suddenly wasted by Brailsford. The apparent “provocation” is Shaver’s reaching at his pants to prevent them coming down as he scuffles his knees over the cheap hotel carpet. Officer safety! What if he’d had a gun taped in there like Bruce Willis in Die Hard?
A jury that viewed this very video acquitted Brailsford of second-degree murder (and of the lesser included charge of manslaughter), so now it’s legal precedent that cops can just do this to you. His department quietly re-hired him so that it could pension him off at $2,500 per month for life.
Recommended: on Scott Horton’s radio show, former policeman Raeford Davis discusses the scene and the changes needed in law enforcement to make it a thing of the past.
On this date in 1882,* the U.S. Army hanged three White Mountain Apache scouts as mutineers.
This small tragedy in the long-running Apache Wars of the American Southwest had its seeds in the 1870s, when the Army forced onto the San Carlos reservation several bands of Apache peoples, including the Chiricahua, Yavapai, and the Western Apache nations of Tonto, White Mountain, and Cibecue.
The concentration proved potent, unexpectedly so since the tribes in question were not all on friendly terms with one another.
Noch-ay-del-klinne (many other transliterations are possible), an influential White Mountain medicine man of 36 summers or so — and a man who had been to Washington DC with a peace delegation and laid his own eyes on the encroaching industrial civilization — began cultivating something very like a ghost dance for the San Carlos Indians.
Though the ghost dance is most closely associated with the Lakota Sioux, several years and several hundred kilometers’ distance from the Apache of Arizona, the movement actually originated among the much nearer Nevada Paiute. Incarnations of ghost dancing throughout the American West gave a millenial expression to indigenes’ shared trauma of defeat, displacement, and death.
Noch-ay-del-klinne’s rituals were called Na’Ilde’, meaning raising from the dead,** and his prophesy that lost comrades would rise from their graves and the white man would vanish from Apache lands when the corn was ripe, spoke to that trauma for the denizens of the San Carlos reservation — and alarmed the U.S. Army troops stationed at nearby Fort Apache. Especially troubling was the “fraternizing that went on between tribes and elements of tribes which had always held for each other the most deadly aversion,” in the words of the later memoir of Thomas Cruse, who commanded the army’s company of native Apache scouts. He had granted leave for some of his scouts to attend these dances and didn’t like what he saw when they returned.
After the medicine dances began around the post I noticed a change. Generally they [the scouts] are very ready to communicate anything they know or may have seen, but after these dances they became very uncommunicative and would not tell anything that was going on among the other Indians or among themselves … when they came back they were not only exhausted and unfit for duty, but they showed surliness and insubordination. They grumbled constantly and made vague remarks about the country being theirs, not ours. Dozens of small incidents showed that something, or someone, was giving them new thoughts.
Cruse gave a grim — and as events soon proved, sound — assessment of his men’s unreliability: “he entirely distrusted his scouts in event of the rising of the White Mountains and believed all or nearly all would go with the enemy.” But the affirmative reply to Cruse’s plea to discharge the unit was delayed due to telegraph problems by the time that unit set out with Col. Eugene Asa Carr on an August 1881 mission to arrest Noch-ay-del-klinne.†
This incursion, which will set in motion dozens of untimely deaths, was entirely aggressive, justified by no act of overt hostility by the Apache. Although Cruse was writing many years after the fact, his complaints about his subalterns’ “surliness” and “new thoughts” have the ring of the boss’s know-your-placeism, as directed in this same period at social insubordination elsewhere in the American experiment — at organized labor, for example; or at Black men and women.
The army found the medicine man and took him into custody on August 30. That evening, as the troop bivouaced down for the night, Apaches began gathering ominously beyond their fringes. They were visibly armed, and unhappy about the unprovoked seizure of Noch-ay-del-klinne; according to an oral history relayed by Tom Friday, the orphaned son of one of the men destined for the gallows in this post, “All Cibecue Indian people know that the soldiers were coming. They were ready for them. They were ready to fight. They sent word to all Indians, ‘Come, clean your guns; get ready.’ … The Indians were very angry: they had done no wrong and could not understand why the soldiers would come.”‡
Whether upon an arranged signal or merely the alert of the sort of random confrontation this situation invited, those Apaches started firing at the army camp — and as Cruse had anticipated, his scouts in the breach adhered to their people, not the flag.
The Battle of Cibecue Creek could easily have wiped out the expedition, for as one of their number named William Carter later wrote, there were at the outset of “more than 100 Indians besides the scouts in camp, and less than forty dismounted men engaged in a hand-to-hand conflict.”
In averting catastrophe, Carr was one of four U.S. soldiers to earn the Medal of Honor for gallantry in the battle, repulsing the hostiles from the camp and scrambling his surprised men to hold off any further attacks until night dispelled the combatants. He also had Noch-ay-del-klinne summarily shot during the fight. Carter again:
Before leaving the field Colonel Carr sent Lieutenant Carter to examine the body of the Medicine Man and determine if life was extinct. Strange to say, notwithstanding his wounds [he’d been shot in the head -ed.], he was still alive. The recovery of this Indian, if left in the hands of his friends, would have given him a commanding influence over these superstitious people, which would have resulted in endless war. Colonel Carr then repeated the order for his death, specifying that no more shots should be fired. Guide Burns was directed to carry out the order with the understanding that a knife was to be used. Burns, fearing failure, took an ax and crushed the forehead of the deluded fanatic, and from this time forward every person murdered by these Apaches was treated in a similar manner.
Carr’s bloodied expedition proceeded that night upon a forced march for the safety of Fort Apache, reaching it the following afternoon — although “many of the Indians had preceded the command, and all night they were haranguing in the vicinity. They covered the roads and trails, and killed a number of citizens.” The fort came under a brief siege in the ensuing days, and hostilities in the resulting regional uprising dragged on for two years, concluding with the outcome customary for the Apache Wars.
Four of the absconded scouts were arrested in the months ahead and tried at court-martial. (Other captured Apache who were not enlisted in the army were not prosecuted for the firefight.) A Private Mucheco was sentenced to hard labor at Alcatraz. The other three, sergeants jauntily known to the whites as Dead Shot, Dandy Jim, and Skippy,
On the appointed day, per a detailed report in the New York Herald (March 4, 1882),
Wagons of all descriptions loaded with men anxious to see the execution of the Indian scouts, Dead Shot, Dandy Jim and Skippy, came pouring into this place from Wilcox, Thomas, Safford and all points from very early this morning. The time not being known at which the event would take place, there was a state of suspense until the moment arrived for the execution. The gallows was erected in front of the guard house and was fourteen feet high, with a platform six feet four inches from the ground and a distance of seven feet four inches from the floor to the gallows pole. The whole measured twelve feet in length by eight feet wide. The rope used was three-quarters of an inch thick and the drop was four feet six inches.
[On the scaffold] Dead Shot said he had nothing to say. What was being done was correct. He would probably meet his people. He had suffered much in this world and now he was through and would see his people. Since he first saw white men he had been well treated. He had plenty to eat and plenty of clothes, but this day paid for all he got from the white men. He also said Dandy Jim was a nephew and Eskiticha, or “Skippy,” a cousin of his. He had seen a good many of his people die and did not know where they went, but he was going to follow. He thought there was no use in dressing an Indian up as he was and then hanging him. When he came into San Carlos, if he had done anything wrong, he would not have given himself up, yet he gave up his rifle and the twenty rounds of ammunition that were furnished him at Camp Apache.
Dandy Jim said he had to be hanged, as such were the orders. He could not talk much. It was no use to beg for his life, as people would only laugh at him for his trouble. Eskiticha said: — “The sun is going down, and God is looking after me.” He did not think they were doing right, as he had never done anything to warrant being hanged.
The chaplain, Rev. A.D. Mitchell, then repeated a short prayer, which was interpreted by Merijilda, when all retired from the scaffold, except the hangman, a military prisoner. The black caps were then placed over the heads of the men, and at one o’clock the drop fell. Death was instantaneous in the case of Dead Shot and Eskiticha; Dandy Jim quivered once or twice. After being allowed to hang about twenty minutes they were cut down and pronounced dead by the doctors.
** According to John R. Welch, Chip Colwell-Chanthaphonh and Mark Altaha in “Retracing the Battle of Cibecue: Western Apache, Documentary, and Archaeological Interpretations,” Kiva, Winter 2005. Noch-ay-del-klinne had some exposure to Christian doctrine, which seems present in his own movement’s interest in resurrection.
† Also in the scouting party for this mission was famed frontiersman and eventual Executed Today client Tom Horn.
‡ Thomas Friday’s full account of this affair — which is a second-hand version, since Friday himself was a small child at this time — comes courtesy of William B. Kessel in “The Battle of Cibecue and Its Aftermath: A White Mountain Apache’s Account,” Ethnohistory, Spring 1974.
Two of eight Apaches — Nacod Qui Say and Rah Dos La, among other possible transliterations — who murdered an Arizona sheriff and deputy while escaping from a transport to the penitentiary were hanged on this date in 1889.
The vituperation of many surviving news accounts, however, gives us an essential fact that the judiciary’s papers surely wouldn’t. After decades of war with the Apaches in the Southwest, white settlers were set on edge by a native revolt against settler authority and from the first reports of the incident began ruminating about “the treacherous red man.” (Tucson Daily Citizen, Nov. 4, 1889)
When five were condemned to hang in this affair — three would cheat the executioner by committing suicide two days before the hanging — a newspaper in Florence where the gallows went up remarked that “should a few bands of Apaches be taken from the war path and suspended by the necks, where the other Indians on the reservation could get a good, fair look at them, there would be no more Apache outbreaks.”
This sort of rhetoric would rate as positively liberal beside the cruder commentary. For example, a few days before the execution, U.S. President Benjamin Harrison had said in an address to Congress that as the white man “can no longer push the Indian back into the wilderness,” it had become essential “to push him upward into the estate of a self-supporting and responsible citizen.” The Tombstone Prospector found some Khruschchevian merriment mulling its preferred form of “support.” Harrison must not have been too put off, since he denied clemency.*
Tombstone Prospector, Dec. 6, 1889.
Meanwhile, in the spirit of the old saw that “the only good Indian is a dead Indian,” a wag at the following week’s San Diego Weekly Union did Tombstone one better in the racist headline department.
San Diego Weekly Union, Dec. 12, 1889
* Arizona didn’t attain statehood until 1912; prior to that it was federally administered and the last word on clemencies and commutations belonged to the U.S. President.
On this date in 1945, the U.S. Army hanged seven German submariners for their “traitor slaying” of a Werner Dreschler at the Arizona POW camp they all inhabited.
Their victim Werner Drechsler had been captured when his U-Boat was sunk of the Azores. Having no great love for the Nazi government which had tossed his father in a concentration camp, Drechsler willingly went to work for the Americans as a mole in the POW camps, scavenging his captive countrymen for whatever particles of actionable intelligence they might be willing to blab to a fellow prisoner.
Parked in Fort Meade, Maryland, Dreschler’s war figured to be long over. However, a careless (or worse?) March 1944 transfer to a different POW camp at Papago Park, Arizona put the turncoat into a prisoner pool that included his former U-Boat mates, and these men knew that Dreschler was “a dog who had broken his oath.”
Mere hours after his arrival to Papago Park, a drumhead court had convened to “try” Drechsler in absentia and when his fellow Kriegsmariners doomed him a traitor, he was attacked, beaten senseless, and then hanged in a prison shower.
Helmut Carl Fischer, Fritz Franke, Gunther Kulsen, Heinrich Ludwig, Bernhard Reyak, Otto Stengel, and Rolf Wizuy, were sentenced on March 15, 1944 for carrying out this murder, and all owned the deed upon their honor as Germans and soldiers.*
Still, they outlived the war — cynically dangled, Richard Whittingham argues in Martial Justice: The Last Mass Execution in the United States, as bargaining chips to protect American POWs in Berlin’s hands, and then cynically released to the executioner when the Third Reich’s disappearance dissipated their value as prisoner swap currency. (Seven different German POWs had been executed earlier that same summer.) It was the least the U.S. military could do after having more or less tossed poor Drechsler into a pit of crocodiles.
“The trap was sprung on the first man at 12:10, and the last man went to his death at 2:48 a.m.,” read the bulletin in the Fort Leavenworth News, army paper at the Kansas penitentiary where our day’s principals paid their forfeit. (Via) “A new system for mass hangings has been devised at the institution which saved more than an hour in the procedure.”
But mass hangings too were going out of fashion faster than Hitlerism, and this great leap forward in the executioner’s efficiency has never since been required again at Fort Leavenworth.
* It wasn’t necessarily a given that duty to German martial orders would cut no ice with the western Allies.
Jeffrey Landrigan was executed in Arizona for murder on this date in 2010 — via an import drug that made his case a recent landmark in the ongoing U.S. tussle over lethal injection.
Landrigan broke out of jail in 1989 where he was serving a second-degree murder sentence and did a first-degree murder in the course of an armed robbery.
By the time this mundanely terrifying killer was ready to face his punishment, U.S. states were beginning to feel the pinch from anti-death penalty activists’ campaign to shut off the supply of a key drug in the lethal injection protocol — sodium thiopental.
Since the very first lethal injections, sodium thiopental has stood as the first of the standard three-drug cocktail: sodium thiopental to induce unconsciousness, pancuronium bromide to inflict muscle paralysis, and potassium chloride to stop the “patient’s” heart.
Sodium thiopental owed this juridical responsibility to its place as the Brand X medical anaesthetic thirty or forty years ago. But in the time since, that medical role has been overtaken by propofol, leaving sodium thiopental ever less frequently manufactured — and exposing a potential vulnerability in the executioner’s supply chain. Death penalty abolitionists targeted that weak point with effect, especially once the last U.S. manufacturer of sodium thiopental, pharma giant Hospira, got out of the game.
Sodium thiopental expires, so states that intend to conduct lethal injection executions couldn’t really stockpile. Instead, they have two options:
Find a new source for sodium thiopental; or,
Find a new lethal injection procedure
In the past few years, those laboratories of democracy known as state legislatures have experimented promiscuously with re-jiggering the lethal injection to account for the inhospitable thiopental climate with the upshot that there no longer remains one standard lethal injection protocol, but multiple mutations innovated and cribbed state by state — and each mutation is liable to change again without warning in response to the next setback.
This ongoing drama has played out throughout the 2010s, but it so happened that Landrigan’s long road to death reached its end about where the scarce thiopental story began.
In Arizona’s case at the comparatively early date of 2010 — back when Hospira had already suspended domestic thiopental manufacture — the gap was filled by requisitioning the drug from an overseas supplier.
Easy enough, one might suppose: C11H17N2NaO2S is C11H17N2NaO2S no matter its brand label.
But it turns out that the production and the import of medical drugs are regulated by the Food and Drug Administration, and neither Arizona nor the fly-by-night British pharmaceutical maker it contracted had bothered satisfying the paperwork requirements. Landrigan’s appellate lawyers fastened on this failure, arguing that the state’s calculated ignorance of its drug’s purity was inviting a painful botch.
Landrigan’s story and the larger lethal injection crisis into which it fits was the subject of the very first episode of the popular podcast More Perfect — whose beat is the U.S. Supreme Court.
That institution had a low moment in this drama interceding at the 11th hour to okay Landrigan’s execution after a Kafkaesque legal shell game in which Arizona repeatedly ignored lower courts’ orders to supply documentation about its proposed execution drug, then argued — and won the argument! — that the prisoner’s lawyers were only speculating that the drug might be impure or harmful and couldn’t prove any problem. Try that one out on your customs officer the next time you get pinched carrying contraband at the border. A Ninth Circuit Court judge punished bad faith with a stay of execution, but the high court reversed that stay on a 5-4 vote this very October 26, allowing Landrigan’s execution hours later.
“The state flatly stonewalled the lower courts by defying orders to produce information, and then was rewarded at the Supreme Court by winning its case on the basis that the defendant had not put forward enough evidence,” Hofstra law professor Eric Freedman lamented to the New York Times. “That is an outcome which turns simple justice upside-down and a victory that the state should be ashamed to have obtained.” It’s a line that mirrors the critique exasperated death penalty advocates have leveled against their foes for suing to block “cruel and unusual” executions on the back of drug supply kinks that they themselves engineered.
The messy resolution of Landrigan’s own case was very far from a solution to the underlying dilemma. In the years since, European manufacturers have themselves been squeezed out of the lethal injection supply chain by anti-death penalty pressure, while the states’ various adaptations have worked themselves out in a mess of litigation and human experimentation. It’s a story still being written — into the very flesh, sometimes, of men like Jeffrey Landrigan.
On this date in 1996, 29-year-old Daren Lee Bolton was executed in Arizona for the 1986 kidnapping, rape and murder of a Tucson toddler. Bolton had taken two-year-old Zosha Lee Pickett from her bedroom at night, stabbed her to death and left her body in an abandoned taxi in a storage lot two blocks from her home. It was found a couple of days later.
The medical examiner would testify that the toddler may have suffered “excruciating” pain for up to half an hour before she bled out.
After little Zosha’s death, the police lifted some fingerprints but couldn’t match them to any suspect, so in 1987 they sent them out to other states for them to have a try. Bolton had some convictions in Illinois, and so his prints were in the computerized system there. (Arizona didn’t have such a system in place at the time.) In 1990, during a training exercise, Illinois police officers found a match between Bolton’s fingerprints and a print on Zosha’s window screen. At the time, he was already serving time in Arizona for unrelated charges.
At his trial, Bolton admitted he’d been to Zosha’s home and to the cab where her body was found, but denied any part in her murder. Instead, he said he’d planned to break into the Pickett residence with an accomplice named “Phil” but was scared away. Phil, he said, had come back later and taken and killed the little girl. Bolton had then murdered the man and buried his body in the desert.
The jury saw through this wild story and convicted him of burglary, kidnapping and first-degree murder in 1991.
Bolton had the kind of childhood you might expect: shuttled back and forth between his divorced parents and his grandmother, the victim of physical abuse and possibly also sexual abuse, he was designated “severely emotionally handicapped” and had a long string of assaults to his name by the time he dropped out of school.
He was also charged in the 1982 murder of seven-year-old Cathy Barbara Fritz, also of Tucson, but he was executed before he could be tried in that case. The child had been abducted walking home from a friend’s home, sexually assaulted and then beaten and stabbed to death, all while a “Take Back The Night” demonstration was going on nearby. Bolton was sixteen years old at the time, and he knew the Cathy’s brother. DNA evidence later tied to him to the crime.
He maintained his innocence in both murders, but fired his lawyers and dropped his appeals after less than four years; he said he’d rather die than spend the rest of his life in prison.
His last meal consisted of lasagna, cheesecake and Pepsi.
Zosha Pickett’s parents and Cathy Fritz’s father and brothers were among the thirty witnesses who got to watch him die. He had no last words and, while he glanced at the Picketts once, he refused to acknowledge the Fritz family before he breathed his last, a few minutes past midnight.
This morning in 1898 — allegedly after enjoying the company of an obliging prostitute during the preceding night as a favor from the sheriff, a childhood friend* — James Fleming Parker hanged on Courthouse Square in Prescott, Arizona.
An effective tort lawyer would have saved Parker from his untimely end, for his path to the gallows began when he lost a prized horse struck by an Atlantic and Pacific train and the railroad — spiraling towards bankruptcy in the wake of the Panic of 1893 — came up with only the most niggardly award.
Incensed, Parker went and got his the old-fashioned way: by sticking up an A&P train.
A few things went wrong.
For one, Parker botched the heist and had to flee the iron horse with an underwhelming haul, a dead confederate in his wake.
For another, he’d been recognized and was arrested a week later after a chase through the Arizona wilderness.
And finally, he decided to double his bad bet by leading a jailbreak while awaiting trial — in the course of which he fatally shotgunned a deputy district attorney who had responded to the hue and cry. Parker was lucky to end up in the clutches of that friendly sheriff instead of lynched to the nearest trestle or telegraph pole by an angry posse, but the upshot was the same.
Last sentiment, according to the Tombstone Epitaph** (June 5, 1898):
I have not much to say; I claim I am getting something that ain’t due me; but everyone who is going to be hung says the same thing, so that cuts no figure. Whenever people say I have to go, I am one that can go.
And then he went.
* If so, this last communion followed hours after Parker’s conversion to Catholicism.
Dennis W. Dilda was born on a farm near Rome, Georgia, in 1849. In his twenties he left home to avoid arrest after he stabbed a Negro to death for his money. He traveled to Texas, where he was soon charged with murdering a white man. Dilda fled and pursued, captured, tried, and acquitted, but there appears to be no record of either the crime or his trial. After being freed in Texas, he met and married his wife, Georgia, and soon followed her family from Texas to the Salt River Valley in the Arizona Territory. Over the next several years, Dilda got into several shooting scrapes in Phoenix, although no one was injured, but when his brother-in-law began to object to his sister’s choice of husband, the brother-in-law disappeared under suspicious circumstances. His body was never found and the family never heard from him again.
In September 1885, Dilda got a job helping to manage William Hamilton Williscraft’s farm. The farmhouse came along with the job and Dilda and his wife and children moved in. Williscraft went to live elsewhere but kept one room in the farmhouse for himself. The room was always securely locked and inside was a locked trunk.
Dilda was supposed to have worked alongside the farm’s general caretaker, “General Grant” Jenkins. By December, however, Jenkins had disappeared, and Williscraft noticed the lock had been pried off the door of his reserved room, the trunk had been opened and a gold watch and two pistols were missing. Dilda told his boss that his coworker had hated the job and complained all the time, and one morning he simply left. He denied knowing anything about the theft and suggested Jenkins had done it.
Williscraft, however, knew and trusted Jenkins, who had worked for him for twenty years. He didn’t believe his faithful employee would have stolen from him and then left without giving notice.
So he rode to town and swore out a warrant with the Yavapai County Sheriff, William J. Mulvenon, charging Dilda with the theft.
Deputy Sheriff John W. Murphy went to serve the warrant, stopping at rancher Charley Behm’s house on the way. He went to Dilda’s house several times on December 20, but each time Georgia Dilda told him her husband was out hunting.
Murphy borrowed Behm’s needle gun and tried one more time after dark. The sky was clear and there was full moon. Again, Dilda’s wife said he wasn’t home. In fact, he was hiding behind a fence, armed and waiting for his quarry, something Georgia was well aware of. When Murphy started to leave, Dilda shot him in the back. The deputy sheriff was able to fire the needle gun once before he collapsed and bled to death. Dennis and Georgia Dilda dragged his body inside the farmhouse and down into the cellar, and Dilda buried it there.
The next day, alarmed that Murphy hadn’t returned, Williscraft went to the farmhouse himself and found Murphy’s horse tied up just twenty feet from the house, and pools of blood in that yard. He gathered a posse of men, but Dilda had already left on foot and he was armed to the teeth, with Behm’s needle gun, his own .30 caliber Remington rifle, and Murphy’s .44 caliber revolver and cartridge belt.
Searchers found the corpse of “General Grant” Jenkins buried in the garden, concealed beneath a bed of replanted sunflowers. He had been shot in the head and had been dead for weeks. The searchers found Murphy’s body a short time afterwards.
A search party went looking for the fugitive and found him two days later, asleep under a tree. He did not resist when Sheriff Mulvenon arrested him. “You know it would be natural for a man in my position, if he could tell anything that would benefit him, he would do so,” Dilda replied simply when pressed for a confession. “But I have nothing to say.”
Dilda’s last night on earth, Wilson notes, “was restless, as he would doze only to awaken suddenly with a startled scream.” In the morning they took him to his favorite Chinese restaurant for breakfast and he ate heartily. At eleven o’clock, Dilda had one final photograph taken with his wife and two small children, Fern and John.
The hanging was at 2:00 p.m.
While Dilda was standing on the scaffold, Sheriff Mulvenon asked, “Is there anything you want?”
“A drink,” Dilda replied. Mulvenon let him take a long draw from a bottle of whiskey.
Some eight hundred men, as well as a dozen women, watched the hanging. Dilda went to his death quietly. The only commotion came from the audience: a reporter sent to cover the execution fainted as the trap was sprung.
The condemned man’s last words were, “Goodbye, boys!”
Georgia Dilda did not face charges for her role in Deputy Sheriff Murphy’s death. She returned to her family in Phoenix after the execution and never bothered to send for her husband’s body.
On this date in 1936, Earl Gardner, a “pint-sized” Apache Indian from the San Carlos Reservation in Arizona, hanged for the murders of his wife, Nancy, and baby son, Edward. Gardner had, for no apparent reason, axed them both to death the previous December.
This wasn’t his first time, either; in the 1920s he’d served seven years in prison for stabbing another man to death.
He tried to plead guilty to Nancy and Edward’s murders, but the judge refused to let him in spite of Gardner’s preference that the government should “take a good rope and get it over with.” Better to “die like an Apache” than die a little every day in prison, he said. With his heart never in his own defense, it’s no surprise he was convicted; appeals filed by his attorney proceeded against Gardner’s wishes, and without success.
Finding a gallows was difficult as the state of Arizona was using the gas chamber exclusively for executions, so U.S. Marshal Ben J. McKinney improvised a gallows using an old rock crusher from the Coolidge Dam project. The crusher had been abandoned within a deep gorge on the Indian reservation. A rope was strung from a crossbeam and a hole cut in the floor for the trapdoor. After there were rumors of an Indian uprising McKinney deputized a force of men and armed them to prevent any interference, and they guarded the gallows for days before the execution date.
As he stood on the contraption’s trapdoor before forty-two witnesses, Gardner was asked if he had anything to say. “Well, I’ll be glad to get it over with,” was all he could come up with. It took longer to get it over with than anyone could have anticipated. A witness recalled:
Earl went to the gallows without apparent concern and died a ghastly death. I was crouched in a corner of the crusher on a pile of gravel and damn near went through the trap after him. Earl’s shoulder struck the side of the trap and broke his fall. He hung at the end of the rope gasping … until Maricopa County Sheriff Lon Jordan, a giant of a man, stepped down through the trap and put his weight on Earl’s shoulder to tighten the noose and shut off his breathing.
When the trap sprung at 5:06 a.m., the noose slipped around to the front of Gardner’s throat, causing him to fall off-center and hit the side of the opening. His head snapped backwards but his neck didn’t break and he thrashed around for over half an hour. It wasn’t until 5:39 that his heart ceased to beat.
Earl Gardner’s death was the last legal hanging in Arizona.
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