Category Archives: Common Criminals

1948: Arthur Eggers, by Earl Warren

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Arthur Eggers was gassed in California on this date in 1948.

He had murdered his wife in December 1945, using his carpenter’s tools to saw off her head and hands to complicate identification. Although this gambit didn’t work, there was no clear motive or physical evidence to tie Eggers to the crime and he might have skated had he not put his used car up for sale a week later. It was bought by a sheriff’s deputy, who promptly found Dorothy Eggers’s blood in the boot. As it emerged, it seems to have been a crime borne from sexual rage, as the vivacious Dorothy apparently slept around and/or ridiculed Arthur’s impotence.

Eggers’s death warrant carried the signature of California Gov. Earl Warren, who at this moment was just a couple of weeks out from coasting to the White House as the Vice Presidential nominee on the Republican ticket. The ticket-topper Thomas Dewey was comfortably outpolling unpopular incumbent Harry S Truman, and merely running out the clock to a comfortable win universally anticipated by pundits.


lol.

Well actually, it turned out that Earl Warren would be cooling his heels in Sacramento for five more years.

Warren is an intriguing figure for our site‘s interests, for a couple of reasons.

Most obvious to U.S. readers is his 16-year stint as the U.S. Supreme Court’s Chief Justice. He was a liberal Republican, a once-numerous species subsequently hunted to extinction, and his tenure atop the “Warren Court” is synonymous with postwar liberal jurisprudence that has been anathema to his former party ever since. Warren retired in 1969 prior to the decision, but the landmark 1972 Furman v. Georgia rulng invalidating then-existing death penalty statutes is a legacy of that same epoch; even before Warren’s own departure from the court a nationwide death penalty moratorium had settled in, in anticipation of the federal bench sorting out whether the death penalty could continue to exist at all. (Warren died in 1974, so he never saw the triumphant return of capital punishment.) Beyond the specific issue of the death penalty, Warren’s court greatly strengthened the due process rights of accused criminals with consequences for every criminal prosecution down to the preseent day: it is this period that gives us the Miranda warning (“you have the right to remain silent …”), the right to an attorney for indigent defendants, and prohibitions on using evidence obtained by dodgy searches.

But we can also view Warren the Vice Presidential candidate as an oddity.

While we’ve dwelt here upon the rich death penalty history of U.S. Presidents, our future liberal legal lion appears to be the most recent Vice-Presidential nominee for either of the two major parties to have sent men to an executioner, at least a judicial one. For whatever reason, the VP bids subsequently have tended towards products of Congress rather than the governors’ mansions where the life-and-death calls get made; there’s an exception in 1968, when both Spiro Agnew (Republican) and Edmund Muskie (Democrat) had been governors … but Agnew was the brand-new governor of Maryland during the Warren Court’s aforementioned death penalty moratorium, and Muskie the previous governor of Maine, which abolished capital punishment in the 19th century. The sitting Vice President as of this writing, Mike Pence, would kill a human as easily as a fly, but no death cases reached his desk during his 2013-2017 spin as Governor of Indiana: ongoing wrangling over the availability and constitutionality of various lethal injection drugs has sidelined the Hoosier headsman for the best part of a decade.

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1998: Jeremy Vargas Sagastegui

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On this date in 1998, Jeremy Vargas Sagastegui completed his suicide-by-executioner.

Babysitting on November 19, 1995, for a friend in the small town of Finley, just east of the Tri-Cities, Sagastegui raped and drowned his three-year-old charge Kievan Sarbacher, then awaited the return of Kievan’s mother to shoot her dead too, along with her friend.

As a capper, he stole Melissa Sarbacher’s truck, too — but he wasn’t trying to flee. The next morning when detectives showed up at Sagastegui’s Kennewick apartment, he had his bloody clothes, his rifle, and the stolen vehicle waiting to turn over to them. From that time until he was stretched on a gurney at the Walla Walla penitentiary, he had one steadfast refrain: he wanted the death penalty, as soon as possible.

Sagastegui acted as his own attorney, and put on no defense save to encourage his jurors to end his life. “I killed the kid, I killed the mother and I killed her friend,” he advised them. “And if their friends had come over, I would’ve killed them, too.” He pursued no appeals, and fought off attempts by his mother to make legal interventions on his behalf — her arguments were that he was severely mentally ill, and had been abused as a child — and used the legal capital punishment apparatus to do himself in. There was no final statement.

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1938: Adam “Eddie” Richetti, Pretty Boy Floyd sidekick

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On this date in 1938, Adam “Eddie” Richetti was gassed for a notorious gangland bloodbath, the Kansas City Massacre. Whether he was actually involved in said massacre is a different question.

Richetti was a sidekick of the much better-known outlaw Charles “Pretty Boy” Floyd, a guy who earned his cred in social banditry by taking time during his many Depression-era bank robberies to set fire to the mortgage liens.*

J. Edgar Hoover promoted this looker to Public Enemy Number One after the slot was vacated by the late John Dillinger — and that spotlight was much due to a railroad station shootout in 1933 known as the Kansas City Massacre. There, three gangsters led by Vernon Miller ambushed lawmen escorting Miller’s arrested associate Frank “Jelly” Nash. It was an attempt to free the latter, but he was shot dead in the fusillade — along with FBI agent Raymond Caffrey, two Kansas City detectives, and the McAlester, Oklahoma police chief who had helped arrest Nash only the night before. Several other John Law types were injured in the shootout.

While Miller’s role is known, the identities of his two confederates have never been established to the satisfaction of a historical consensus. The FBI tabbed Floyd and Richetti as the other gunmen involved, and the bureau’s page on the event still asserts this positively. Floyd and Richetti always denied it — while still a fugitive, Floyd even sent Kansas City police a postcard disavowing the attack — and there has long been a suspicion that the FBI’s conclusion was born of expediency instead of investigative rigor. Robert Unger’s 1997 book on the case is subtitled “The Original Sin of J. Edgar Hoover’s FBI.

It would do for both Floyd and Richetti, however.

In 1934, the two had a one-car accident while driving in the fog. A suspicious passing motorist alerted police and in no time Floyd had been gunned down in an Ohio cornfield; his subsequent funeral in Oklahoma would draw a crowd tens of thousands strong.

Less mourned, Eddie Richetti was taken into custody and executed in the judicial way for the Kansas City Massacre, his trial a parade of eyewitnesses of questionable veracity. He was just the fifth person executed in Missouri’s brand-new gas chamber, which had just come online that same blessed year: any less time on the run, and he would have been bound for the hangman instead.

Eddie Richetti lives on in the culture as a supporting role in any film about Pretty Boy Floyd.

* Possibly an urban legend, but Floyd’s public popularity was real.

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1845: Abner Baker, feudmaker

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On this date in 1845 — sneering at the noose with the words “Behold the necklace of a whore!” — Abner Baker was publicly hanged in Manchester, Kentucky.

He was the second casualty — the first was the man whom he murdered — in the Baker-Howard feud, or the Clay County War, a bloody interfamily conflict that would blight the Kentucky mountains into the next century.

Its headwaters were a man out of his head: just how much so would be the controversy of his case, and a foundational grievance of the feud.

Said head perched itself on the shoulders of our man Abner Baker, who — prior to his unfortunate turn towards derangement — was a respectable frontier striver, with an unsuccessful stint in commerce redeemed by a medical practice. He had also to his name a wife born Susan White, a woman — or rather a 14-year-old girl — from a wealthy family who was respectable in the eyes of all save he.

As Baker slid into lunacy, he leveled at his spouse the most lurid charges of concupiscence, of having committed gleeful incest, of having orgies with slaves, and of cheating on him with another wealthy man, Daniel Bates. Bates was married to Baker’s sister.

Testimony printed in an 1845 volume to capitalize on interest in the case, Life and trial of Dr. Abner Baker, Jr: (a monomaniac) features many acquaintances establishing a delusional paranoia about his wife’s intercourse with Daniel Bates — with Baker brandishing a Bowie knife around her to the extent that their mutuals feared for her life; ranting about his wife cuckolding him in his very bed while he slept beside her; fixing on his certainty that Bates designed to murder him. They also report acquaintances, and Baker’s own father, increasingly convinced that the man had gone mad.

On September 13, 1844, Baker presented himself at Bates’s salt works and shot Bates in the back. Bates lingered on for several hours, doing much to stoke the succeeding generations of clan vigilantes by bequeathing $10,000 to seek his murderer’s life and making his son promise to take revenge.

The subsequent legal drama pitted that quest for revenge against Baker sympathizers’ conviction that the man was too starkers to swing. The first magistrates to review the matter days after Bates’s murder took the latter view and released him, allowing Baker to decamp to Cuba to recuperate.

The Bateses were not to be balked this easily, however, and prevailed on Commonwealth attorneys to indict Baker for murder. At the urging of his father, the good doctor voluntarily returned to defend himself when he learned of this. The text of the trial comprises witnesses clashing over whether the killer suffered from “monomania”, but the subtext was the flexing muscle of the White family — that of Abner Baker’s poor traduced wife.

The Whites were Clay County royalty on the strength of their salt mining wealth, and allied to the Bates family. Their peers and rivals, the Garrards, were locked in tense economic competition and even came within a whisker of murdering Daniel Bates himself in a different standoff in 1840. They took a more sympathetic view of Abner Baker’s obviously unbalanced mental state and tried to shield him from his persecutors; the Garrard patriarch was one of the magistrates who had initially ruled Baker too crazy to prosecute.* It was the Whites who, in effect, outmuscled the Garrards by forcing Baker’s prosecution and execution.

“The BAKERS wept with rage for the WHITES helping the BATES to bring Abner Baker to trial when they knew he was insane,” this history of Clay County feuding observes. “The lines had been drawn and competition for salt hardened into hostility.”

Enjoy a podcast situating this affair in the regional economy and the resulting political rivalries, from American History Tellers here, as well as a successor episode on the resulting feud, here

* Baker thanked the Garrards in his last address from the gallows (“the Garrard family, on whom I had no claims, came up like noble-souled men, and asked the county to give me justice”).

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1953: Erna Dorn, June 17 rising patsy

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Erna Dorn was executed in secret in Dresden, East Germany on this date in 1953.

Dorn (English Wikipedia entry | German) had been a typist in Gestapo headquarters — real banality of evil stuff — before going to work at Ravensbruck, which was a bit less banal. This is the setup to a fair few executions of Nazi personnel but Frau Dorn got there by a very unusual path.

After the war she was able to pass for several years as a concentration camp survivor rather than a camp staffer, but her cover persona fell apart by the end of the 1940s resulting in her divorce, her expulsion from the Communist party, and her prosecution — first for theft and eventually for the Nazi stuff. However, her sentence was a term of years, not death.

Virtually everything known about her comes from her interrogations over this period and Erna Dorn was your basic unreliable narrator. You’ve got her opportunistically evolving cover stories, and then her swinging into possibly exaggerated claims of responsibility for great abuses, all intermediated by the Stasi with its own interests. “It turns out that everything from Dorn is a fabrication, with zero correlation to truth,” a frustrated interrogator noted after following her tales down one too many blind alleys.

Dorn might have served out her 15 years and been released to take her shifting secrets to an obscure grave. But the June 17, 1953 protests against the East German government threw open the doors of the Halle detention center where she was held, allowing some 250 prisoners a very brief escape (in Dorn’s case, she was out for a single day) before Soviet intervention crushed the rebellion.

As goes the June 17 uprising Dorn was merely a bystander swept into events: it might as well have been the weather that popped open her cell door, and what would anyone do but walk right out?

Save that in the crackdown that followed there was a keen interest in painting the whole embarrassing affair in the scarlet colors of Hitlerism. The camp guard liberated by anti-government protesters made a perfect foil and the unbalanced Dorn was entirely willing to play along at her subsequent snap show trial by doubtfully claiming to have addressed the Halle protesters with an anti-German Democratic Republic harangue.

Dorn was condemned to death as a fascist ringleader by June 22, just five days after her unexpected furlough. The sentence was overturned in the 1990s by the post-GDR, reunified Germany.

* She had to carefully duck a summons to testify at trials of Ravensbruck guards, lest her true role at the camp be dramatically unveiled.

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1832: William Hodkin, child rapist

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The crime had taken place at Sheffield on the night of Tuesday/Wednesday the 18th of July. Catherine [Stacey, the victim, a 12-year-old girl -ed.] was a servant to a publican named George Elam and went to bed a little before midnight, leaving her mistress, Sarah Elam drinking with a few regulars, including Hodkin. Around 1 am. Sarah woke Catherine and told her to move over as “Billy” as Hodkin was known was going to be sleeping in the same bed. Hodkin got into bed and immediately began to fondle Catherine and when she complained Sarah told her to be quiet or she would get a beating. Hodkin then proceeded to rape Catherine who tried to escape into Sarah’s room but was refused entry. For two weeks Catherine told no one what had happened to her but eventually she told her mother who took her to the doctor.

Hodkin’s friends tried to intervene at this stage by abducting Catherine to prevent her mother going to a magistrate. Her mother did and reported what had happened leading to several arrests on the 10th of August.

-From the September 29, 2020 Facebook post of the Capital Punishment UK Facebook page.

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2000: Ricky McGinn

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“I thought being away from the prison system would make me think about the things I’d seen less, but it was quite the opposite. I’d think about it all the time. It was like I’d taken the lid off Pandora’s Box and I couldn’t put it back on.

I’d open a bag of chips and smell the death chamber, or something on the radio would remind me of a conversation I’d had with an inmate, hours before he was executed. Or I’d see the wrinkled hands of Ricky McGinn’s mother, pressed against the glass of the death chamber, and I’d dissolve into tears.

–Michelle Lyons, former spokesperson for the Texas Department of Criminal Justice, on the burden she carries from witnessing some 300 executions. McGinn was executed by lethal injection on September 27, 2000, for raping and murdering his 12-year-old stepdaughter.

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1959: John Day Jr., Korean War casualty

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From Legal Executions in Nebraska, Kansas and Oklahoma Including the Indian Territory: A Comprehensive History:

Day, John E., Jr.
September 23, 1959

On December 23, 1950, twenty-two-year-old John E. Day, Jr., a black private serving in Korea, made sexual advances toward the wife of Korean civilian Lee Hak Chum, sometimes given as Lee Mak Chun, in Seoul. Chum came to her defense but Day pulled a pistol and shot Chum to death. Day was immediately arrested, and in January 1951 he faced a general court-martial. Day was found guilty of murder and on October 1, 1951, he was sentence to hang at Fort Leavenworth, the first American to receive a death sentences during the Korean conflict. He was transported to the disciplinary barracks at Fort Leavenworth while the case was under review. The verdict and sentence were approved by the general staff and then the appeals process commenced. The case was considered numerous times but finally the U.S. Supreme Court, after eight years, approved the verdict and sentence, and the matter was forwarded to President Dwight D. Eisenhower. The president carefully considered the matter before issuing an executive order to proceed with the execution and set the date for execution at September 23, 1959.

Just before midnight Commandant Colonel Weldon W. Cox appeared at the cell door and escorted Day into the power plant building and onto the gallows platform. The prisoner took his place on the trapdoor where Colonel Cox read the warrant for execution of sentence. When the reading concluded Day declined to speak to the witnesses, and, while the chaplain prayed for his soul, Colonel Cox retired and turned preparations over to three sergeants. While the chaplain continued praying the three sergeants bound the prisoner’s limbs with straps, adjusted the noose, and pulled the black cap over his head. At 12:02 a.m. the trap was sprung and Day dropped, breaking his neck in the fall. An Army physician was in attendance and he pronounced Day dead in fifteen minutes, and then the remains were lowered into the coffin provided. He was buried in the military portion of the cemetery later that day.

Sources: Daily Herald (Utah County, UT): September 23, 1959. Dallas Morning News (TX): September 25, 1959.

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1829: David Evans, in Carmarthen

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On this date in 1829 in the Welsh town of Carmarthen, David Evans hanged for savagely murdering his pregnant girlfriend Hannah Davis with a billhook, in a fit of jealousy.

As Capital Punishment UK notes, the large public audience in attendance got double the spectacle:

When the preparations had been made, Evans gave the signal by dropping a handkerchief, to draw the bolt but the hook gave way and he landed on his feet. He expected to be reprieved, telling the officials that “He had been hanged once and they had no more to do with him”, but this was not the case in law and the execution had to be carried out, which it was a few minutes later, this time without a hitch. After hanging for an hour the body was taken down and sent for dissection.

The folk belief in this notional post-botch safe space was something that the coalescing state struggled to dispel as an irrational carve-out. It was here over half a century since William Blackstone‘s seminal legal Commentaries went out of its way to dismiss the idea.

it is clear, that if, upon judgment to be hanged by the neck till he is dead, the criminal be not thoroughly killed, but revives, the sheriff must hang him again. For the former hanging was no execution of the sentence; and, if a false tenderness were to be indulged in such cafes, a multitude of collusions might ensue. Nay, even while abjurations were in force, such a criminal, so reviving, was not allowed to take sanctuary and abjure the realm; but his fleeing to sanctuary was held an escape.

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1829: Helena Katarina Löv

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Helena Katarina Löv was beheaded with an ax on this date in 1829 at Skanstull — now just a part of Stockholm but at the time, the city’s southerly toll gate and a traditional execution site — for murdering her master’s children.

Löv was not the last woman executed in Sweden, but she does have the distinction of being the last woman publicly executed. (Executions were moved behind prison walls in the 1870s, so we have some photos of the last public beheadings.) She was also the last Swede, man or woman, whose body was burned at the stake after decapitation.

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