1989: Carlos DeLuna, “I didn’t do it. But I know who did.”

On this date in 1989, with the last words “I want to say I hold no grudges,” Carlos DeLuna died by lethal injection in Texas

At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.

“I didn’t do it. But I know who did.” That’s what he’d told a police officer soon after his arrest.

A generation later, it’s increasingly clear that Carlos DeLuna really didn’t do it … and that he knew who did it, knew he was going to the gurney for the crime of a man whom the state claimed was just a “phantom” invented by the defendant. Just a few months before DeLuna went to his death, that “phantom”, still on the streets, had knifed a four-inch gash in another woman’s abdomen. Carlos Hernandez had even bragged to others that his “stupid tocayo” — namesake — “took the blame for” a murder he’d committed. (Hernandez died in 1999.)

Carlos DeLuna might be the most convincingCameron Todd Willingham notwithstanding — instance of wrongful execution in America’s modern death penalty era.

DeLuna was arrested suspiciously hiding under a truck near the scene of a grisly knife slaying at a gas station. A Hispanic man had been reported as the suspect, and the eyewitness was able to identify DeLuna as that man, just moments after his arrest. Case closed.

Except everyone was wrong.

He was hiding because he’d been violating his parole by drinking at a strip club across the street. He chanced to look just like another Hispanic man from the area, a fellow who just happened to be a violent thug. And he didn’t have a spot of blood on him even though the murder scene looked like the set of a slasher film.

“It was an obscure case, the kind that could involve anybody,” Columbia Law Prof. James Liebman said. “Maybe those are the cases where miscarriages of justice happen, the routine everyday cases where nobody thinks enough about the victim, let alone the defendant.”

The facts of the case have been extensively documented elsewhere, including a 2006 Chicago Tribune series* and an entire 2012 issue of the Columbia University Human Rights Law Review, culmination of a years-long project organized by Liebman.

The latter investigation, complete with original source documents, video, and photographs, is preserved for public use at the magnificent Los Tocayos Carlos site. Its intensively-sourced book-length treatment comes highly recommended, but you might need to clear your schedule.

Executed Today is pleased to welcome one of the coauthors of Los Tocayos Carlos, Andrew Markquart — a 2012 graduate of Columbia Law who collaborated with Prof. Liebman on the DeLuna investigation and now practices in New York.

ET: How did you come to focus on this case, and what went into the investigation?

AM: I got involved after my first year at law school. I started out as a research assistant for Prof. Liebman, and he had been working on this project for years in one form or another when I got involved. I had already had quite a bit of interest in death penalty issues, so I jumped on it.

The initial investigation that Prof. Liebman did was back in 2004. He had done a previous study called “A Broken System” in which they found a shockingly high rate of reversals in capital cases. And basically the question that came out of that for him was, what does that mean?

Does that mean that the courts are doing their jobs and there are a lot of reversals because they’re being very diligent?

Or, is that high number indicative of some big systemic problems?

He started out looking at cases in Texas, for obvious reasons, and particularly focused on cases involving single eyewitnesses. This one came out fairly early on, but there wasn’t much about it initially to suggest this was a strong case. But Prof. Liebman was having someone going down to Corpus Christi anyway and had him check it out, and within one day this investigator was able to track down a lead and figure out exactly who this Carlos Hernandez person was who DeLuna claimed was the actual killer. From there the floodgates opened.

This case reads like something out of Dumas … your doppelganger, who looks just like you and also shares your name, commits a crime and you take the rap. Speaking as a layperson, it’s astonishing that Carlos DeLuna explicitly made the very argument you’re making, that this guy Carlos Hernandez was the real killer. But it wasn’t so much that DeLuna’s allegation was considered and rejected as that it was never taken seriously at all, even by his own defense. Why was that?

It’s a good question and it’s one of the major points we tried to make.

At first DeLuna was a little hesitant, with good reason: Hernandez was well-known in Corpus Christi; he was a terror in the town and had been known to use violence against people who threatened to expose him. Eventually the threat of execution overcame that.

His defense team did very little to research what could or would have been his saving argument, and on the flip side the prosecution said Carlos Hernandez didn’t even exist, which is just a mind-blowing claim. This guy had a rap sheet a mile long. He had been a major suspect in 1979 in another murder case involving one of the prosecutors in the DeLuna case.

The defense lawyer in that case did what DeLuna’s lawyer should have done: he called Carlos Hernandez to the stand and basically prosecuted Carlos Hernandez as his defense. He got his client off, and we’re pretty confident from our research that Hernandez was actually guilty of that murder, too.

Hernandez was definitely no “phantom”: he was known to law enforcement, known in the neighborhood. Can you explain why the prosecuting attorneys would make such a claim?

It’s hard to explain. I suspect they probably thought they had the right guy, they probably thought he was making up a bogus story … and they cut a few corners. But that’s speculation.

Your report writes, “Central to DeLuna’s obscurity was the failure of lawyers on the defense as well as the prosecution side to have the curiosity and gumption to look just an inch or two below the surface.” It seems like there just wasn’t much of any work done by any actor to pursue evidence that could defend DeLuna.

Carlos DeLuna’s defense lawyer had trouble getting any kind of funding to do investigation. And this was his first criminal case of any kind, let alone capital case.

The police only investigated for a couple of hours before turning it over to the store manager to clean up to open the next morning. It was a simple case of tunnel vision: they had arrested Carlos DeLuna, they got a quick eyewitness ID, and they thought they were done.

There’s all kinds of evidence at the scene. In the police photos, which are available at our website, there’s a footprint in blood that has to be the culprit’s shoeprint, and they never even saw it. It was that sloppy. You can also see the detective, Olivia Escobedo, literally standing on evidence — a nice metaphor for the investigation.

DeLuna’s lead prosecutor has recently reiterated his confidence in the verdict in the face of your investigation, and said that DeLuna lied about his activities that night. Did he?

Yes, he did. For reasons I can’t make sense of, he either was just severely misremembering, or just made up, some story about hanging out with these girls earlier in the evening that was completely untrue. But the thing about it is that the story as he gave it didn’t even help his case. It didn’t give him an alibi. But it hurt his case, because then they could bring in these girls to testify and destroy his credibility.

It’s hard to figure out what was in his head to say that. DeLuna wasn’t the most intelligent person; his IQ tested just barely above the threshold for cognitive impairment.

The original trial was in 1983, and Carlos was executed in 1989. How representative are the circumstances of this case still, relative to new death penalty trials today or to death row prisoners whose appeals are being handled now?

“[DeLuna]’s lying. He won’t admit it. I hope this is the day he gets it. He’ll lie like he’s been lying and now he’ll have to pay for what he did to my daughter.”
-Wanda Lopez’s mother Mary Vargas, quoted in Dec. 7, 1989 Dallas Morning News

“After carefully reviewing the information recently uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Carlos DeLuna did not kill my sister and that Carlos Hernandez was the real murderer.”
-Wanda Lopez’s brother Richard Vargas, June 2006

You see these kind of cases and issues come up even today. That’s one point we try to make: yes, this case was from 29 years ago, but a lot of things remain the same.

There was no physical evidence, despite all the blood at the scene: it was just based on eyewitnesses.** And you kind of have a casebook bad eyewitness identification. They didn’t use a lineup; it was nighttime; it was a cross-racial identification, which we know are highly error-prone; he [DeLuna] was in the squad car, at the scene, handcuffed, under a highly stressful environment. You have these kinds of show-up identifications happen all the time, all over the country. They’re rife with error.

I know actually someone in the Texas legislature has introduced a bill to reform the eyewitness identification process.

And there’s a lot of good public defenders out there who really work hard and do good work, but also a lot of underexperienced and overburdened public defenders who are just being crushed. There’s always systemic pressure for cops and prosecutors to cut corners. I certainly don’t think the lessons of Carlos DeLuna’s case have been learned.

In your view, what are the most important of those lessons?

The fallibility of our criminal justice system. Carlos DeLuna wasn’t convicted and executed in some third world country — he was given a trial and a lawyer and appeals and all the other protections and yet he still slipped through the cracks.

And the other lesson is the widespread nature of the factors involved, like the unreliable eyewitness ID. People go to prison on that basis every day. It seems highly likely there are more Carlos DeLunas.

The way that we found this story and developed it was enormously labor-intensive. The number of man-hours that went into this, between authors, investigators, research assistants, and the whole staff of the Columbia Human Rights Law Review … you just can’t do this for every case where there’s some kind of colorable suggestion of the possibility of wrongful execution.

I’d be very surprised if there aren’t more like him.

* The Tribune series on DeLuna began on June 25, 2006 … the day before Supreme Court crank Antonin Scalia taunted in Kansas v. Marsh that there was “not one” case of a “clear” wrongful execution. “The innocent’s name would be shouted from the rooftops by the abolition lobby,” Scalia wrote.

** Eyewitness (mis)identification is also at the heart of the Ruben Cantu case, another suspected wrongful execution in Texas.

On this day..

An unspecified Monday: Fagin

On an unspecified Monday in what seems to be an unspecified autumn of the 1830s, Charles Dickens had hanged one of his most memorable characters: Oliver Twist‘s Jewish pickpocket-magnate Fagin.*

The prolific English scribbler who conjured Fagin had keen empathy for the man or woman on the scaffold, leading him to contribute some of literature’s most poignant execution scenes.

Detail view (click for the full image) of the condemned Fagin in his cell, from an 1867 edition of Oliver Twist/

This from the serialized novel that hit print from 1837 to 1839 is no exception.

Dickens does not stage Fagin’s actual hanging; the writer’s predilection is for the mind of the doomed as it reaches the precipice, and let the reader fill in the final details.

And in Fagin’s case, that mind belongs to a complex character for whom the reader likely has some empathy: despite Fagin’s villainy, he’s also the orphan Oliver’s surrogate father-figure and said urchin’s ticket out of the anonymous desperation of the urban poor.

As for the date, the murder committed by Fagin’s partner-in-crime Bill Sikes occurs in “autumn” (chapter 47) — probably early autumn since the relatively proximate chapter 38 is in “summer”. That murder precipitates Sikes’s death and Fagin’s capture almost immediately: though the ensuing juridical sequence is not directly, or even indirectly, delineated, the narrative’s sense certainly suggests that Fagin was prosecuted with all speed. A sequence of arrest-trial-execution in London at this period could easily take place within just a few weeks.**

This doomed wretch in his final hours is sketched in Oliver Twist‘s second-last chapter, “Fagin’s Last Night Alive”. (Text via Project Gutenberg.) It surely draws on Dickens’ 1835 visit to Newgate’s condemned cells.


The court was paved, from floor to roof, with human faces. Inquisitive and eager eyes peered from every inch of space. From the rail before the dock, away into the sharpest angle of the smallest corner in the galleries, all looks were fixed upon one man—Fagin. Before him and behind: above, below, on the right and on the left: he seemed to stand surrounded by a firmament, all bright with gleaming eyes.

He stood there, in all this glare of living light, with one hand resting on the wooden slab before him, the other held to his ear, and his head thrust forward to enable him to catch with greater distinctness every word that fell from the presiding judge, who was delivering his charge to the jury. At times, he turned his eyes sharply upon them to observe the effect of the slightest featherweight in his favour; and when the points against him were stated with terrible distinctness, looked towards his counsel, in mute appeal that he would, even then, urge something in his behalf. Beyond these manifestations of anxiety, he stirred not hand or foot. He had scarcely moved since the trial began; and now that the judge ceased to speak, he still remained in the same strained attitude of close attention, with his gaze bent on him, as though he listened still.

A slight bustle in the court, recalled him to himself. Looking round, he saw that the juryman had turned together, to consider their verdict. As his eyes wandered to the gallery, he could see the people rising above each other to see his face: some hastily applying their glasses to their eyes: and others whispering their neighbours with looks expressive of abhorrence. A few there were, who seemed unmindful of him, and looked only to the jury, in impatient wonder how they could delay. But in no one face—not even among the women, of whom there were many there—could he read the faintest sympathy with himself, or any feeling but one of all-absorbing interest that he should be condemned.

As he saw all this in one bewildered glance, the deathlike stillness came again, and looking back he saw that the jurymen had turned towards the judge. Hush!

They only sought permission to retire.

He looked, wistfully, into their faces, one by one when they passed out, as though to see which way the greater number leant; but that was fruitless. The jailer touched him on the shoulder. He followed mechanically to the end of the dock, and sat down on a chair. The man pointed it out, or he would not have seen it.

He looked up into the gallery again. Some of the people were eating, and some fanning themselves with handkerchiefs; for the crowded place was very hot. There was one young man sketching his face in a little note-book. He wondered whether it was like, and looked on when the artist broke his pencil-point, and made another with his knife, as any idle spectator might have done.

In the same way, when he turned his eyes towards the judge, his mind began to busy itself with the fashion of his dress, and what it cost, and how he put it on. There was an old fat gentleman on the bench, too, who had gone out, some half an hour before, and now come back. He wondered within himself whether this man had been to get his dinner, what he had had, and where he had had it; and pursued this train of careless thought until some new object caught his eye and roused another.

Not that, all this time, his mind was, for an instant, free from one oppressive overwhelming sense of the grave that opened at his feet; it was ever present to him, but in a vague and general way, and he could not fix his thoughts upon it. Thus, even while he trembled, and turned burning hot at the idea of speedy death, he fell to counting the iron spikes before him, and wondering how the head of one had been broken off, and whether they would mend it, or leave it as it was. Then, he thought of all the horrors of the gallows and the scaffold—and stopped to watch a man sprinkling the floor to cool it—and then went on to think again.

At length there was a cry of silence, and a breathless look from all towards the door. The jury returned, and passed him close. He could glean nothing from their faces; they might as well have been of stone. Perfect stillness ensued—not a rustle—not a breath—Guilty.

The building rang with a tremendous shout, and another, and another, and then it echoed loud groans, that gathered strength as they swelled out, like angry thunder. It was a peal of joy from the populace outside, greeting the news that he would die on Monday.

The noise subsided, and he was asked if he had anything to say why sentence of death should not be passed upon him. He had resumed his listening attitude, and looked intently at his questioner while the demand was made; but it was twice repeated before he seemed to hear it, and then he only muttered that he was an old man—an old man—and so, dropping into a whisper, was silent again.

The judge assumed the black cap, and the prisoner still stood with the same air and gesture. A woman in the gallery, uttered some exclamation, called forth by this dread solemnity; he looked hastily up as if angry at the interruption, and bent forward yet more attentively. The address was solemn and impressive; the sentence fearful to hear. But he stood, like a marble figure, without the motion of a nerve. His haggard face was still thrust forward, his under-jaw hanging down, and his eyes staring out before him, when the jailer put his hand upon his arm, and beckoned him away. He gazed stupidly about him for an instant, and obeyed.

They led him through a paved room under the court, where some prisoners were waiting till their turns came, and others were talking to their friends, who crowded round a grate which looked into the open yard. There was nobody there to speak to him; but, as he passed, the prisoners fell back to render him more visible to the people who were clinging to the bars: and they assailed him with opprobrious names, and screeched and hissed. He shook his fist, and would have spat upon them; but his conductors hurried him on, through a gloomy passage lighted by a few dim lamps, into the interior of the prison.

Here, he was searched, that he might not have about him the means of anticipating the law; this ceremony performed, they led him to one of the condemned cells, and left him there—alone.

He sat down on a stone bench opposite the door, which served for seat and bedstead; and casting his blood-shot eyes upon the ground, tried to collect his thoughts. After awhile, he began to remember a few disjointed fragments of what the judge had said: though it had seemed to him, at the time, that he could not hear a word. These gradually fell into their proper places, and by degrees suggested more: so that in a little time he had the whole, almost as it was delivered. To be hanged by the neck, till he was dead—that was the end. To be hanged by the neck till he was dead.

As it came on very dark, he began to think of all the men he had known who had died upon the scaffold; some of them through his means. They rose up, in such quick succession, that he could hardly count them. He had seen some of them die,—and had joked too, because they died with prayers upon their lips. With what a rattling noise the drop went down; and how suddenly they changed, from strong and vigorous men to dangling heaps of clothes!

Some of them might have inhabited that very cell—sat upon that very spot. It was very dark; why didn’t they bring a light? The cell had been built for many years. Scores of men must have passed their last hours there. It was like sitting in a vault strewn with dead bodies—the cap, the noose, the pinioned arms, the faces that he knew, even beneath that hideous veil.—Light, light!

At length, when his hands were raw with beating against the heavy door and walls, two men appeared: one bearing a candle, which he thrust into an iron candlestick fixed against the wall: the other dragging in a mattress on which to pass the night; for the prisoner was to be left alone no more.

Then came the night—dark, dismal, silent night. Other watchers are glad to hear this church-clock strike, for they tell of life and coming day. To him they brought despair. The boom of every iron bell came laden with the one, deep, hollow sound—Death. What availed the noise and bustle of cheerful morning, which penetrated even there, to him? It was another form of knell, with mockery added to the warning.

The day passed off. Day? There was no day; it was gone as soon as come—and night came on again; night so long, and yet so short; long in its dreadful silence, and short in its fleeting hours. At one time he raved and blasphemed; and at another howled and tore his hair. Venerable men of his own persuasion had come to pray beside him, but he had driven them away with curses. They renewed their charitable efforts, and he beat them off.

Saturday night. He had only one night more to live. And as he thought of this, the day broke—Sunday.

It was not until the night of this last awful day, that a withering sense of his helpless, desperate state came in its full intensity upon his blighted soul; not that he had ever held any defined or positive hope of mercy, but that he had never been able to consider more than the dim probability of dying so soon. He had spoken little to either of the two men, who relieved each other in their attendance upon him; and they, for their parts, made no effort to rouse his attention. He had sat there, awake, but dreaming. Now, he started up, every minute, and with gasping mouth and burning skin, hurried to and fro, in such a paroxysm of fear and wrath that even they—used to such sights—recoiled from him with horror. He grew so terrible, at last, in all the tortures of his evil conscience, that one man could not bear to sit there, eyeing him alone; and so the two kept watch together.

He cowered down upon his stone bed, and thought of the past. He had been wounded with some missiles from the crowd on the day of his capture, and his head was bandaged with a linen cloth. His red hair hung down upon his bloodless face; his beard was torn, and twisted into knots; his eyes shone with a terrible light; his unwashed flesh crackled with the fever that burnt him up. Eight—nine—then. If it was not a trick to frighten him, and those were the real hours treading on each other’s heels, where would he be, when they came round again! Eleven! Another struck, before the voice of the previous hour had ceased to vibrate. At eight, he would be the only mourner in his own funeral train; at eleven—

Those dreadful walls of Newgate, which have hidden so much misery and such unspeakable anguish, not only from the eyes, but, too often, and too long, from the thoughts, of men, never held so dread a spectacle as that. The few who lingered as they passed, and wondered what the man was doing who was to be hanged to-morrow, would have slept but ill that night, if they could have seen him.

From early in the evening until nearly midnight, little groups of two and three presented themselves at the lodge-gate, and inquired, with anxious faces, whether any reprieve had been received. These being answered in the negative, communicated the welcome intelligence to clusters in the street, who pointed out to one another the door from which he must come out, and showed where the scaffold would be built, and, walking with unwilling steps away, turned back to conjure up the scene. By degrees they fell off, one by one; and, for an hour, in the dead of night, the street was left to solitude and darkness.

The space before the prison was cleared, and a few strong barriers, painted black, had been already thrown across the road to break the pressure of the expected crowd, when Mr. Brownlow and Oliver appeared at the wicket, and presented an order of admission to the prisoner, signed by one of the sheriffs. They were immediately admitted into the lodge.

‘Is the young gentleman to come too, sir?’ said the man whose duty it was to conduct them. ‘It’s not a sight for children, sir.’

‘It is not indeed, my friend,’ rejoined Mr. Brownlow; ‘but my business with this man is intimately connected with him; and as this child has seen him in the full career of his success and villainy, I think it as well—even at the cost of some pain and fear—that he should see him now.’

These few words had been said apart, so as to be inaudible to Oliver. The man touched his hat; and glancing at Oliver with some curiousity, opened another gate, opposite to that by which they had entered, and led them on, through dark and winding ways, towards the cells.

‘This,’ said the man, stopping in a gloomy passage where a couple of workmen were making some preparations in profound silence—’this is the place he passes through. If you step this way, you can see the door he goes out at.’

He led them into a stone kitchen, fitted with coppers for dressing the prison food, and pointed to a door. There was an open grating above it, through which came the sound of men’s voices, mingled with the noise of hammering, and the throwing down of boards. There were putting up the scaffold.

From this place, they passed through several strong gates, opened by other turnkeys from the inner side; and, having entered an open yard, ascended a flight of narrow steps, and came into a passage with a row of strong doors on the left hand. Motioning them to remain where they were, the turnkey knocked at one of these with his bunch of keys. The two attendants, after a little whispering, came out into the passage, stretching themselves as if glad of the temporary relief, and motioned the visitors to follow the jailer into the cell. They did so.

The condemned criminal was seated on his bed, rocking himself from side to side, with a countenance more like that of a snared beast than the face of a man. His mind was evidently wandering to his old life, for he continued to mutter, without appearing conscious of their presence otherwise than as a part of his vision.

‘Good boy, Charley—well done—’ he mumbled. ‘Oliver, too, ha! ha! ha! Oliver too—quite the gentleman now—quite the—take that boy away to bed!’

The jailer took the disengaged hand of Oliver; and, whispering him not to be alarmed, looked on without speaking.

‘Take him away to bed!’ cried Fagin. ‘Do you hear me, some of you? He has been the—the—somehow the cause of all this. It’s worth the money to bring him up to it—Bolter’s throat, Bill; never mind the girl—Bolter’s throat as deep as you can cut. Saw his head off!’

‘Fagin,’ said the jailer.

‘That’s me!’ cried the Jew, falling instantly, into the attitude of listening he had assumed upon his trial. ‘An old man, my Lord; a very old, old man!’

‘Here,’ said the turnkey, laying his hand upon his breast to keep him down. ‘Here’s somebody wants to see you, to ask you some questions, I suppose. Fagin, Fagin! Are you a man?’

‘I shan’t be one long,’ he replied, looking up with a face retaining no human expression but rage and terror. ‘Strike them all dead! What right have they to butcher me?’

As he spoke he caught sight of Oliver and Mr. Brownlow. Shrinking to the furthest corner of the seat, he demanded to know what they wanted there.

‘Steady,’ said the turnkey, still holding him down. ‘Now, sir, tell him what you want. Quick, if you please, for he grows worse as the time gets on.’

‘You have some papers,’ said Mr. Brownlow advancing, ‘which were placed in your hands, for better security, by a man called Monks.’

‘It’s all a lie together,’ replied Fagin. ‘I haven’t one—not one.’

‘For the love of God,’ said Mr. Brownlow solemnly, ‘do not say that now, upon the very verge of death; but tell me where they are. You know that Sikes is dead; that Monks has confessed; that there is no hope of any further gain. Where are those papers?’

‘Oliver,’ cried Fagin, beckoning to him. ‘Here, here! Let me whisper to you.’

‘I am not afraid,’ said Oliver in a low voice, as he relinquished Mr. Brownlow’s hand.

‘The papers,’ said Fagin, drawing Oliver towards him, ‘are in a canvas bag, in a hole a little way up the chimney in the top front-room. I want to talk to you, my dear. I want to talk to you.’

‘Yes, yes,’ returned Oliver. ‘Let me say a prayer. Do! Let me say one prayer. Say only one, upon your knees, with me, and we will talk till morning.’

‘Outside, outside,’ replied Fagin, pushing the boy before him towards the door, and looking vacantly over his head. ‘Say I’ve gone to sleep—they’ll believe you. You can get me out, if you take me so. Now then, now then!’

‘Oh! God forgive this wretched man!’ cried the boy with a burst of tears.

‘That’s right, that’s right,’ said Fagin. ‘That’ll help us on. This door first. If I shake and tremble, as we pass the gallows, don’t you mind, but hurry on. Now, now, now!’

‘Have you nothing else to ask him, sir?’ inquired the turnkey.

‘No other question,’ replied Mr. Brownlow. ‘If I hoped we could recall him to a sense of his position—’

‘Nothing will do that, sir,’ replied the man, shaking his head. ‘You had better leave him.’

The door of the cell opened, and the attendants returned.

‘Press on, press on,’ cried Fagin. ‘Softly, but not so slow. Faster, faster!’

The men laid hands upon him, and disengaging Oliver from his grasp, held him back. He struggled with the power of desperation, for an instant; and then sent up cry upon cry that penetrated even those massive walls, and rang in their ears until they reached the open yard.

It was some time before they left the prison. Oliver nearly swooned after this frightful scene, and was so weak that for an hour or more, he had not the strength to walk.

Day was dawning when they again emerged. A great multitude had already assembled; the windows were filled with people, smoking and playing cards to beguile the time; the crowd were pushing, quarrelling, joking. Everything told of life and animation, but one dark cluster of objects in the centre of all — the black stage, the cross-beam, the rope, and all the hideous apparatus of death.


* Fagin was named for a workman named Bob Fagin, who showed a few tricks of the trade when the boy Dickens did his own turn in a workhouse.

** For instance, the the London Burkers in 1831 and Benjamin Courvoisier in 1840 were each condemned to death less than two months after their arrests, and each hanged within days of sentence.

On this day..

1871: Gaston Cremieux, Marseilles Commune leader

On this date in 1871, Gaston Cremieux was shot at Marseilles for his role in that city’s lately-destroyed Commune.

Cremieux (French Wikipedia page: most external links in this post are also in French) was a gifted young lawyer with a social conscience who was known for taking on indigent-defense cases and working-class causes.

Given his prominence in radical circles, Cremieux was naturally thrust into leadership when word of the Paris Commune brought Marseilles, too, into a popular rising.

Lissagaray called Cremieux “an elegant and effeminate speaker … a mild enthusiast, who beheld the revolution under rather a bucolic aspect.” His admirable principles were not those of bloody revolutionary will, and he was accordingly viewed (or disdained) as a moderate.

The Marseilles Commune lasted only a fortnight: neighboring towns did not rally to it, and elsewhere in the south Toulouse and Narbonne communards were crushed within days.

When troops of the bourgeois Versailles government — the city to which it had fled from Paris — took Marseilles, according to Lissagaray, they “arrested at random, and dragged their victims into the lamp-stores of the station. There an officer scrutinized the prisoners, made a sign to one or the other of them to step out, and blew out his brains. The following days there were rumours of summary executions in the barracks, the forts and the prisons. The number of dead the people lost is unknown, but it exceeded 150.”

Cremieux’s own conscience was pretty clean in all this — he’d even advocated against keeping hostages. (Unsuccessfully, but Marseilles did not kill its hostages, unlike Paris.) “Show me those whom Cremieux has shot,” his lawyer would later protest to the military tribunal called to try him.

Cremieux’s own shooting would have to suffice. He died crying “Vive la République!” as the firing squad emptied its barrels into his torso … as per Cremieux’s request to preserve his face lest his parents be too shaken by his corpse. Just call him a family man.

A posthumously-published French volume of Cremieux’s work contains verse, a play about Robespierre’s fall, and his “Impressions of a Condemned Man”.

On this day..

1828: James “Little Jim” Guild

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

On this day in 1828, a black slave named James Guild, also known as Little Jim, was hanged in Farmington, New Jersey.

His crime, though brutal, was commonplace enough. But his case was extraordinary for another reason: at the time of his offense, Little Jim was twelve years, five months and thirteen days old.

On September 24, 1827, Little Jim took a break from his work in his master’s cornfield and went to the home of Catherine Beakes, a white woman in her sixties who lived with her son and grandson. She was home alone at the time, and Jim wanted to borrow her rifle to go fowling.

Some time prior to this, someone had tampered with Mrs. Beakes’s livestock, releasing the pigs from their pen during the night and letting the chickens out of their coop. She believed the culprit was Little Jim and, though he denied this, she had told him to stay off her property or she would tell his master, Mr. Bunn.

So when he knocked on the door and asked for the gun, she refused to give it to him.

Jim was angry, he said later, that the “damned old bitch” had been “saucy” to him for no reason.

So, after Mrs. Beakes had her back turned and thought he was gone, he took up a metal horse yoke and sneaked up on her from behind. He bludgeoned her to death in her own house as she was tending the fire, crushing her skull, shattering her jaw and gouging out one of her eyes.

He left the gore-caked weapon next to her corpse.

Little Jim came under suspicion and confessed to the murder after someone told him liars went to hell. At his trial, he said he’d killed Mrs. Beakes because he was afraid she would inform on him to Mr. Bunn and get him in trouble.

“The trial became more of a debate over whether a 12-year-old killer should be punished like an adult,” Daniel Hearn writes in Legal Executions in New Jersey: A Comprehensive Registry, 1691-1963. “The presiding judge placed great emphasis on that issue, especially during his instructions to the jury.”

It is an issue that remains highly controversial even now, nearly 200 years later.

The jury convicted James Guild of first-degree murder, which meant an automatic death sentence … but the judge was reluctant to execute a preteen. He referred the case to the New Jersey Supreme Court for sentencing, as Hearn records:

Special hearings were held to probe all aspects of Jim’s mentality. It was found that he knew right from wrong as well as the consequences of murder. He knew about the sanctity of an oath. It was also clear that Jim had had the wherewithal to confess what he had done based on his own rationale. Moreover, the appellate judges found what they considered to be ample precedent for condoning the execution of preteen felons — especially those of precocious acumen … The use of his tender age alone as a pretext for sparing his life under such circumstances would “be of dangerous consequence to the public … by propagating a notion that children might commit atrocious crimes with impunity. So the New Jersey Supreme Court ruled that Jim Guild was “a proper subject of capital punishment.”

Jim Guild’s manner was of “stoic indifference” when he was hanged before a large crowd fourteen months after his crime, the last execution in Hunterdon County history. He was thirteen years old when he died.

On this day..

1835: John Smith and James Pratt, the last hanged for sodomy in Great Britain

On this date in 1835, John Smith and James Pratt (sometimes reported as John Pratt) were hanged outside Newgate Prison for (in the exhausting fulminations of the Old Bailey trial records) “feloniously, wickedly, diabolically, and against the order of nature, carnally … commit[ted] and perpetrate[d] the detestable, horrid, and abominable crime (among Christians not to be named) called buggery.”


Generic gallows image from this Smith and Pratt hanging-day broadside.

These men were the last put to death anywhere in the realm under the ghastly Tudor-era Buggery Act,* and indeed among the last to die at Newgate for any crime other than murder or attempted murder.

“The grave will soon close over me,” Smith allegedly wrote to a friend before his hanging, “and my name [be] entirely forgotten.”

But that’s not altogether true.

Unbeknownst to the sufferers, they were destined for literary preservation by a young writer on the make, one Charles Dickens: Smith and Pratt make an appearance in Dickens’ Sketches by Boz, an 1836 compilation of London scenes of which “A Visit to Newgate” is perhaps the best-known.

This piece narrates a visit Dickens paid, according to William Carlton’s “The Third Man at Newgate” (The Review of English Studies, Nov., 1957), on November 5, 1835. Dickens would write in subsequent correspondence that the experience left him “intensely interested in everything I saw.”

Prisons and the threat or reality of execution would loom large in that redoubtable author’s canon. “You cannot throw the interest over a year’s imprisonment, however severe, that you can cast around the punishment of death,” the perspicacious 23-year-old told his publisher.

So too did the still-living apparitions of the condemned Smith and Pratt occupy Dickens’s reflections in “A Visit to Newgate”; they comprise a good third of the essay.

In the press-room below, were three men, the nature of whose offence rendered it necessary to separate them, even from their companions in guilt. It is a long, sombre room, with two windows sunk into the stone wall, and here the wretched men are pinioned on the morning of their execution, before moving towards the scaffold. The fate of one of these prisoners was uncertain; some mitigatory circumstances having come to light since his trial, which had been humanely represented in the proper quarter. The other two had nothing to expect from the mercy of the crown; their doom was sealed; no plea could be urged in extenuation of their crime, and they well knew that for them there was no hope in this world. ‘The two short ones,’ the turnkey whispered, ‘were dead men.’

Smith and Pratt, of course, were the “dead men.”

Their third companion, otherwise unconnected with them, was a soldier named Robert Swan, convicted of robbery. Swan was indeed reprieved, a few days before the execution. “Boz” sketched the aspect of these men as he observed them:

The man to whom we have alluded as entertaining some hopes of escape, was lounging, at the greatest distance he could place between himself and his companions, in the window nearest to the door. He was probably aware of our approach, and had assumed an air of courageous indifference; his face was purposely averted towards the window, and he stirred not an inch while we were present. The other two men were at the upper end of the room. One of them, who was imperfectly seen in the dim light, had his back towards us, and was stooping over the fire, with his right arm on the mantel-piece, and his head sunk upon it. The other was leaning on the sill of the farthest window. The light fell full upon him, and communicated to his pale, haggard face, and disordered hair, an appearance which, at that distance, was ghastly. His cheek rested upon his hand; and, with his face a little raised, and his eyes wildly staring before him, he seemed to be unconsciously intent on counting the chinks in the opposite wall. We passed this room again afterwards. The first man was pacing up and down the court with a firm military step – he had been a soldier in the foot-guards – and a cloth cap jauntily thrown on one side of his head. He bowed respectfully to our conductor, and the salute was returned. The other two still remained in the positions we have described, and were as motionless as statues.

If we have Dickens to thank in part for this unexpected glimpse of these poor fellows in the shadow of death, we also can hardly help but notice that — and this is in keeping with Smith’s forecast of posthumous anonymity — he does not name them, nor breathe a word about their scandalous crime. Only the man destined for the reprieve has animation; Smith and Pratt, immobile and affectless, are … but are little else besides. “Dead men,” like that turnkey said. This is not necessarily implausible, but it is also very pat for the literary construction of “A Visit to Newgate,” and we might be entitled to wonder how close to journalistic accuracy the writer has really come here, or regret the details Dickens has discarded that might have salvaged their humanity for a later readership.

Dickens’ party proceeded from these characters to a tour of the physical cells in which these doomed “statues” passed their last sleepless nights.

A few paces up the yard, and forming a continuation of the building, in which are the two rooms we have just quitted, lie the condemned cells. The entrance is by a narrow and obscure stair-case leading to a dark passage, in which a charcoal stove casts a lurid tint over the objects in its immediate vicinity, and diffuses something like warmth around. From the left-hand side of this passage, the massive door of every cell on the story opens; and from it alone can they be approached. There are three of these passages, and three of these ranges of cells, one above the other; but in size, furniture and appearance, they are all precisely alike. Prior to the recorder’s report being made, all the prisoners under sentence of death are removed from the day-room at five o’clock in the afternoon, and locked up in these cells, where they are allowed a candle until ten o’clock; and here they remain until seven next morning. When the warrant for a prisoner’s execution arrives, he is removed to the cells and confined in one of them until he leaves it for the scaffold. He is at liberty to walk in the yard; but, both in his walks and in his cell, he is constantly attended by a turnkey who never leaves him on any pretence.

We entered the first cell. It was a stone dungeon, eight feet long by six wide, with a bench at the upper end, under which were a common rug, a bible, and prayer-book. An iron candlestick was fixed into the wall at the side; and a small high window in the back admitted as much air and light as could struggle in between a double row of heavy, crossed iron bars. It contained no other furniture of any description.

(Later in the 19th century, this dank vault was improved by conjoining two adjacent chambers to comprise the condemned cell.)

A year after Sketches‘ February 1836 publication, Dickens’ serialized novel of the London underclass Oliver Twist began its run. That story’s heart-wrenching denouement of the thief Fagin awaiting execution in Newgate seems to owe a debt to Dickens’ meditation in Sketches on the dolorous condition of Smith, Pratt, or any doomed prisoner facing death in these awful cells.

“A Visit to Newgate” concludes:

Conceive the situation of a man, spending his last night on earth in this cell. Buoyed up with some vague and undefined hope of reprieve, he knew not why – indulging in some wild and visionary idea of escaping, he knew not how – hour after hour of the three preceding days allowed him for preparation, has fled with a speed which no man living would deem possible, for none but this dying man can know. He has wearied his friends with entreaties, exhausted the attendants with importunities, neglected in his feverish restlessness the timely warnings of his spiritual Fagin in Newgate – Cruikshank consoler; and, now that the illusion is at last dispelled, now that eternity is before him and guilt behind, now that his fears of death amount almost to madness, and an overwhelming sense of his helpless, hopeless state rushes upon him, he is lost and stupefied, and has neither thoughts to turn to, nor power to call upon, the Almighty Being, from whom alone he can seek mercy and forgiveness, and before whom his repentance can alone avail.

Hours have glided by, and still he sits upon the same stone bench with folded arms, heedless alike of the fast decreasing time before him, and the urgent entreaties of the good man at his side. The feeble light is wasting gradually, and the deathlike stillness of the street without, broken only by the rumbling of some passing vehicle which echoes mournfully through the empty yards, warns him that the night is waning fast away. The deep bell of St. Paul’s strikes – one! He heard it; it has roused him. Seven hours left! He paces the narrow limits of his cell with rapid strides, cold drops of terror starting on his forehead, and every muscle of his frame quivering with agony. Seven hours! He suffers himself to be led to his seat, mechanically takes the bible which is placed in his hand, and tries to read and listen. No: his thoughts will wander. The book is torn and soiled by use – and like the book he read his lessons in, at school, just forty years ago! He has never bestowed a thought upon it, perhaps, since he left it as a child: and yet the place, the time, the room – nay, the very boys he played with, crowd as vividly before him as if they were scenes of yesterday; and some forgotten phrase, some childish word, rings in his ears like the echo of one uttered but a minute since. The voice of the clergyman recalls him to himself. He is reading from the sacred book its solemn promises of pardon for repentance, and its awful denunciation of obdurate men. He falls upon his knees and clasps his hands to pray. Hush! what sound was that? He starts upon his feet. It cannot be two yet. Hark! Two quarters have struck; – the third – the fourth. It is! Six hours left. Tell him not of repentance! Six hours’ repentance for eight times six years of guilt and sin! He buries his face in his hands, and throws himself on the bench.

Worn with watching and excitement, he sleeps, and the same unsettled state of mind pursues him in his dreams. An insupportable load is taken from his breast; he is walking with his wife in a pleasant field, with the bright sky above them, and a fresh and boundless prospect on every side – how different from the stone walls of Newgate! She is looking – not as she did when he saw her for the last time in that dreadful place, but as she used when he loved her – long, long ago, before misery and ill-treatment had altered her looks, and vice had changed his nature, and she is leaning upon his arm, and looking up into his face with tenderness and affection – and he does NOT strike her now, nor rudely shake her from him. And oh! how glad he is to tell her all he had forgotten in that last hurried interview, and to fall on his knees before her and fervently beseech her pardon for all the unkindness and cruelty that wasted her form and broke her heart! The scene suddenly changes. He is on his trial again: there are the judge and jury, and prosecutors, and witnesses, just as they were before. How full the court is – what a sea of heads – with a gallows, too, and a scaffold – and how all those people stare at HIM! Verdict, ‘Guilty.’ No matter; he will escape.

The night is dark and cold, the gates have been left open, and in an instant he is in the street, flying from the scene of his imprisonment like the wind. The streets are cleared, the open fields are gained and the broad, wide country lies before him. Onward he dashes in the midst of darkness, over hedge and ditch, through mud and pool, bounding from spot to spot with a speed and lightness, astonishing even to himself. At length he pauses; he must be safe from pursuit now; he will stretch himself on that bank and sleep till sunrise.

A period of unconsciousness succeeds. He wakes, cold and wretched. The dull, gray light of morning is stealing into the cell, and falls upon the form of the attendant turnkey. Confused by his dreams, he starts from his uneasy bed in momentary uncertainty. It is but momentary. Every object in the narrow cell is too frightfully real to admit of doubt or mistake. He is the condemned felon again, guilty and despairing; and in two hours more will be dead.

Lotta books about Dickens

A magistrate with the Dickensian name of Hesney Wedg(e)wood appealed vigorously for clemency for Smith and Pratt — pointing out that the only reason these two had been doomed among the rather many enthusiasts** for this victimless offense was that they were penurious enough to have to pursue their desires in a lodging-house rented by a friend where they were easily spied-upon.

(The testimony lodged against them in court came from the nosy landlord who got suspicious, and with his wife peeped through the keyhole on “Pratt laying on his back with his trowsers below his knees, and with his body curled up—his knees were up—Smith was upon him—Pratt’s knees were nearly up to Smith’s shoulders—Smith’s clothes were below his knees … and a great deal of fondness and kissing.” The landlord burst in on the sodomites and put a stop to the fondness right away.)

“There is a shocking inequality in this law in its operation upon the rich and the poor,” wrote Wedgwood.

It is the only crime where there is no injury done to any individual and in consequence it requires a very small expense to commit it in so private a manner and to take such precautions as shall render conviction impossible. It is also the only capital crime that is committed by rich men but owing to the circumstances I have mentioned they are never convicted. The detection of these degraded creatures was owing entirely to their poverty, they were unable to pay for privacy, and the room was so poor that what was going on inside was easily visible from without. (Quoted here)

* The first executed under the Buggery Act shared his scaffold with Thomas Cromwell almost 300 years before. Although there were no further executions for sodomy after Smith and Pratt in 1835, that penalty remained theoretically available for the “crime” until 1861.

** See this book-length pdf.

On this day..

1678: William Staley, “the prologue to the bloody tragedy”

David’s mildness managed it so well,
The bad found no occasion to rebel.
But when to sin our biassed nature leans,
The careful devil is still at hand with means, [80]
And providently pimps for ill desires;
The good old cause, revived, a plot requires.
Plots, true or false, are necessary things,
To raise up commonwealths, and ruin kings.

-John Dryden’s Absalom and Achitophel, a Biblical allegory of the English political/religious scene in which the Popish Plot (“plots, true or false”) took place

On this date in 1678, a Catholic goldsmith was hanged and quartered for treason … a preposterous case that would preview the tragic main acts of the “Popish Plot”.

This 17th century anti-Catholic witch hunt traced to weird and unprincipled Anglican divine Titus Oates.

With his friend Israel Tonge, Oates in 1678 ginned up a fantastical Jesuit plot against the life of Charles II — which supposed conspiracy played insidiously to the realm’s age-old religious divisions, in a moment when a Catholic royal sibling stood next in line to the throne.

Indeed, Oates’s “revelations” would trigger the Exclusion Crisis, an unsuccessful parliamentary bid to balk the heir presumptive James (eventually James II) of his throne. Parliament, argued Henry Capell, “must quiet the minds of the people, as to their fears of Popery and the Succession.”

In Queen Elizabeth’s time there were conspiracies against her, when Mary Queen of Scots was taken off. In King James’s time, the Gunpowder-Treason. In the last King’s time, a horrid Rebellion, that ended in his murder; but here the Crown is under such a character as is more dangerous than all those; and from Popery came the notion of a standing Army and arbitrary power.

Oh, and London had just burned down within everyone’s living memory, an event popularly ascribed to a French Catholic conspiracy even into the 19th century.

There was an awful lot of latent (and not-so-latent) anti-Popery around for Oates to stir up, and he proved to have a gift for this demagoguery. (pdf) In late 1678, a magistrate investigating Oates’s claims, Edmund Berry Godfrey, was mysteriously murdered, and all hell broke loose: a political assassination could now be hung on the alleged Catholic conspiracy. In short order, alleged Catholic conspirators would themselves hang for it.

It was a full 9/12 mentality: people going about armed, loyalty oaths, rumors of French invasion or Guy Fawkes tunneling.

Oates, when feeling his, would have the juice to put peers of the realm on the scaffold … so what chance did poor William Staley have?

This patsy, no great ornament of the “plot”, was more an incidental (and expedient) casualty of the swelling paranoia. Overheard at a tavern chatting about the Protestant freak-out, in French (quelle horreur!), a couple of unscrupulous eavesdroppers shopped for treason when they couldn’t blackmail him.

The sovereign was supposed to have been characterized in this chat as “a great Persecutor or Tormentor of the people of God … And ([Staley] stretching forth his Arm, and then clapping his Hand on his Breast), speaking of His Sacred Majesty, said, I my self will kill him.” (Source) Whether a frustrated Catholic into his cups incautiously popping off, an innocent naif set up by reprobates, or a case of lost in translation, it seems safe to say that William Staley was no danger to the monarchy.

Staley, at any rate, denied having said anything of the sort all the few hours that remained to draw breath, which wasn’t many. It was a mere 12 days from the “treasonable” conversation on Nov. 14 to Staley’s execution.


Image from William Faithorne‘s 1681 (misdated) engraving depicting William Staley being drawn to execution.

With this hanging, and another (that of Edward Coleman) a week later, the Popish Plot persecutions were into full swing … three years of Stuart England McCarthyism that would claim at least 15 lives and end with Titus Oates imprisoned, whipped, and pilloried.

After the Orange Revolution chased the Catholic monarch out of England, Oates was released and pensioned: the incident long remained an ideological litmus test between proto-Whigs (pro-Oates, as he was a club wielded against the absolutist aspirations of Charles II and James II) and Tories (anti-Oates, for the same reason). Centuries later, one commenter could still remark, “There are three events in our history that may be regarded as the touchstone of party men: an English whig who asserts the reality of the Popish plot, an Irish Catholic who denies the massacre of 1641, a Scotch Jacobite who maintains the innocence of Queen Mary, must be considered as men beyond the reach of argument or reason.”

On this day..

1929: Myles Fukunaga

This date in 1929 saw the hanging of a Shakespeare-quoting, suicidal kidnapper for “the most brutal murder in the history of Hawaii”. It was among the last civil executions in Hawaii.

As detailed in the 1991 essay “A Short History of Hawaiian Executions, 1826-1947” (pdf) by Joseph Theroux, a resource we’ve touched on before and which also includes a full list of 75 known legal executions in Hawaii during that period:*

[I]n the death of Gil Jamieson, who had been kidnapped by a mad youth who filled his ransom letters with quotations from the Shakespearen play [Macbeth]: “Life’s but a walking shadow, a poor player / that struts and frets his hour upon the stage / and then is heard no more …”

The victim had his skull chiseled in and was strangled and left near Seaside Avenue in Waikiki.

The murderer and author of the letters was captured some days later, tried, convicted, and sentenced to hang, all within three weeks. This feat was facilitated because his lawyers, Beebe and Huber, offered no defense and called no witnesses. The jury included members who were part of the search party and the victim’s bodyguard and gravedigger. A Navy psychiatrist offered to testify for the defense but was rebuffed. The medical examiner was also the prosecution psychiatrist, Doctor Robert Faus. He testified that past suicide attempts by Miles Fukunaga were “normal.” Despite protests and appeals, Fukunaga was hanged.

Ten years earlier, a well-known local haole athlete, David Buick, found himself down on his luck. He ordered a taxi driver, one Ito Suzuki, to drive out of Honolulu proper to a place called Red Hill. He ordered the man to stop the car and get out. He pointed a gun at the driver and robbed him of one dollar. When Suzuki turned to flee, Buick shot him in the back. Before he died, the taxi driver identified Buick a the gunman. The charge was eventually reduced to second degree murder, and Buick is said to have returned to the Mainland following his jail time.

In both cases, there was premeditation, kidnapping, murder, and flight. Fukunaga willingly confessed and indeed showed extreme remorse. Buick never confessed or showed the slightest regret over his actions. But Fukunaga had murdered a fine boy of a prominent haole family.** Buick had only murdered a middle-aged Japanese taxi driver.

This shocking crime — Fukunaga openly cited the notorious Leopold and Loeb murder and the more recent Hickman kidnapping as his models — ratcheted up ethnic tensions in Hawaii between whites, especially elite whites, and Japanese.

The Japanese community’s newspaper Hochi mounted a vigorous clemency campaign emphasizing sentencing differences like that vis-a-vis Buick. “If Myles Fukunaga is hanged it will not be because he killed a human being,” the paper editorialized. (pdf) “It will be because he killed the son of the vice-president of one of our big trust companies and because his victim was a white boy.”

* Ethnic data of those 75 executed: 24 Hawaiian; 24 Filipino; 9 Japanese; 6 Korean; 5 Chinese; 3 Puerto Rican; 3 unknown; 1 Caucasian.

** Gill Jamieson’s father, Frederick Jamieson, was a vice president of the Hawaiian Trust Company (since folded into the Bank of Hawaii). According to Kokugo Gakko in, the targeting of a bankster family by a frustrated working-class youth (Fukunaga was reportedly logging 80-hour weeks in menial jobs, having been forced to quit school in his teens to support his family) was no coincidence at all.

In terms of his motives he said that revenge had been foremost in his mind. In 1928 his parents had been unable to meet monthly rental payments. The Hawaiian Trust company served as the collecting agent for their landlord and had sent a rent collector to the Fukunaga family to demand full payment of back rent. Humiliated and ashamed, Fukunaga bitterly resented the bank’s action and, on learning that Vice President Frederick W. Jamieson had a son, he decided to seek revenge … by kidnapping and murdering the boy. Fukunaga also confessed to another motive. As the eldest son of seven children, Fukunaga stated that he had felt a filial obligation to help his poor parents … he had hoped to accomplish this filial act with the ransom money.

All this might tend to militate against the “insanity” defense, which Fukunaga himself energetically rejected.

On this day..

1646: Twelve at an Evora auto da fe

This date in 1646, the city of Evora, Portugal, celebrated an auto-da-fe — one of those festivals of Catholic orthodoxy in which penitents were paraded and the most wicked amongst them burnt to death.

They were also fine times for the Inquisitors who prosecuted them, and a burden on the public treasury only made sustainable by the contemporary looting of the New World. We turn for this account of profligacy to The Marrano Factory, a book whose thesis is that the alleged “Judaizers” these displays were meant to showcase were mostly just regular Catholics caught up by the chance factors of torture-adduced accusations or the presence of some remote Jewish ancestor on the family tree.

It’s not hard to see from what follows why the guys running them might have been convinced they were doing God’s work. It’s difficult, after all, to get a man to understand something when his sweetmeats and rabbit feast depend on his not understanding it.

With time and experience, the auto-da-fe publico and its minutely regulated ceremonial grew into a grand and pompous pageant. It was attended by the top brass, often by the king and the royal family and, much as a carnival, it galvanized the whole city into communal bustle …

All defendants appearing at autos-da-fe, public or private, had to wear a sanbenito. At the Evora public auto-da-fe of November 18, 1646, 165 covados (one covado = 0.66 meters) of red and yellow cloth were used, i.e., about 87 meters of cloth for 115 penitents and persons to be executed, costing a total of 62,700 reals at 380 per covado. On the two sides were painted the insignia corresponding to the offenses. In the case of those on death row, painters called in by the Inquisition had — seeing but unseen — to sketch their features and then paint on one side of the sanbenito their portrait, head engulfed by flames.

The day on which a forthcoming auto-da-fe publico was announced in the palace of the Holy Office was a festive one, as we can ascertain from the quantity of compotes and various pastries, procured from neighboring convents and delivered on that day to the secret chambers of the Inquisition. According to the List of Expenses for the Evora auto of November 18, 1646, 64,820 reals were spent on these dainties, hence more than on the 87 meters of cloth for the sanbenitos … and more than triple the cost of feeding a prisoner during an entire year (20,000 reals). It is worth noting that prison fare included meat, in order to test whether the prisoners were observing Jewish dietary laws. This fabulous quantity and variety of foodstuffs was destined exclusively for higher echelons of lawyers and clergy, i.e., three Inquisitors, four deputies, four notaries and a prosecutor, besides the six Jesuit fathers who confessed the six persons sentenced to death …

The feasting did not stop there. Since Friday was a “fast” day on which Catholics abstain from meat, six varieties of fish (sole, mullet, eel, pollock, snapper and sardines) as well as flour and olive oil to cook them in and seasonings for fish-cakes, to the tune of 27,546 reals, were delivered at the Palace of the Inquisition, to be eaten on that day and the left overs [sic] on the Saturday preceding the auto. This fish was distributed to everyone, including the guards who received also rations of bread, meat, wine and fruit, for a total value of 760 reals. The day of the ceremony proper saw the “auto-da-fe supper,” which we are coming to, by and by.

When they were done killing, it was time for the “auto-da-fe supper,” served at the estaus. In the Evora account of November 18, 1646 it comprised about 14 kilos of lamb, 20 young chickens and pullets, 12 roasting chickens, 4 ducks, 4 rabbits, 3 turkeys (each one cost more than what was paid to the painter for one portrait of a prisoner condemned to death); one sow “which was divided by the Gentlemen Inquisitors and the notaries” and one large fruit basket, containing Bosc pears, bergamots, chapel apples and rennets. Like the sweatmeats and compotes which had arrived at the palace of the Holy Office a fortnight before the auto, this repast was meant for the higher officials … it is a curious thing that there were as many turkeys as Inquisitors, as many duck and rabbits as deputies and notaries. This evokes both the idea of an alimentary hierarchy and a kind of remuneration in commodities. However that may be, the total expense of these men in food on the occasion of the auto came to about 110,000 reals (not to mention the porcelain and cutlery), or more than half of the total expense of the auto-da-fe.

The count of 12 executed people comes from a footnote in the text attributing a 3,600-real bill to the painter Miguel Fernandes for sanbenitos of hellfire made for the condemned. However, “executed” people “could refer to live people (‘executed in the flesh’) and to dead or otherwise unavailable people (‘executed in effigy’ or ‘executed in statue’) and in the latter case their effigies (‘statues’) were to be decked out and then ‘executed’.” So, call it a total of 12 flesh-and-bones people and effigies, in some combination; if there’s a firm accounting of who was executed (and whether they were alive, dead, or absent at the time) at this particular auto, I have not yet been able to locate it.


Unrelated: Evora’s Bone Chapel.

On this day..

1943: The Zalkind family

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

Sometime in the autumn of 1943, a refined actor had a family of Vilna/Vilnius Jews summarily hanged on a public gallows.

Vilna* was one of the major Jewish ghettos in Nazi-occupied Eastern Europe.

Noted for its rich cultural life, the Vilna Ghetto, which at its peak contained approximately 40,000 people, lasted from September 6, 1941 to September 24, 1943. By the end of its existence, however, through starvation, overwork, disease, and bullets, the ghetto’s population had been reduced by three-quarters.

In late September 1943, the ghetto was liquidated. Most of the inhabitants were taken to the nearby forest in Ponar and shot, or sent to extermination camps in Poland or work camps in Estonia, where almost all of them died.

The convivial Bruno Kittel

The liquidation was supervised by German Oberscharführer Bruno Kittel. (He is not to be confused with Otto “Bruno” Kittel, the Luftwaffe flying ace.)

Kittel was an actor. He graduated from the theater school in Berlin and from the plundering school in Frankfurt. On Sundays he played songs on his saxophone at the Vilna radio station. Kittel was not only the youngest of his colleagues; he was the most zealous … [His] reputation extended from Riga to Lodz to Warsaw.

At first glance, you would never guess that Kittel was an executioner. Constantly smiling with his dazzling white teeth, he was perfumed, elegant, polite, and refined.

After the ghetto was no more, a few skilled craftsmen and artisans whose work was essential to the war effort remained within the city at one of three labor camps.

Karl Plagge, a German major in charge of the HKP 562 camp, was sympathetic to the plight of his workers and worked to save their lives, albeit without much success. For this, he would later be honored as a Righteous Gentile by Yad Vashem.

During the liquidation, in an attempt to avoid capture, many of the Vilna Jews concealed themselves in hiding places and bunkers, called “malines” or “malinas”. Sadly, the Nazis caught almost all of them, but a few were able to wait out the carnage and then escape.

The Zalkind family were among the fortunate people who were able to remain in hiding throughout the liquidation.

But they did not survive for very long afterwards.

Their final days are described in The Complete Black Book of Russian Jewry, a collection of accounts of atrocities in the Soviet Union from which the observation about Kittel above is also drawn.

Journalists and historians began gathering eyewitness statements before the war was even over, and Ilya Ehrenburg and Vasily Grossman assembled and edited the accounts and finished the Black Book in 1946. It was the first major documentary work on the Holocaust. However, Stalin refused to allow its publication and had the type-plates and galley proofs destroyed in 1948.

A few copies survived, and the book was finally published in Russian in 1993. The English translation came out in 2002.

The full names of the Mr. and Mrs. Zalkind and their son are not recorded. Yad Vashem’s Central Database of Shoah Victims’ Names lists a Masha Zalkind, age 34, a store manager who was married to Moshe, and Hone Khona Zalkind, 2, whose parents were Masha and Moshe. Both lived in Vilna during the war and were killed in 1943; they might well be the mother and son from this story.

There are several Moshe Zalkinds listed. One, a tailor who was born in 1907, lived in Vilna and was married to Masha. He’s the closest match, but it says he was in Estonia during the war and was killed in 1944.

In any case, the Zalkinds were on the Aryan side of Vilna, probably posing as Christians with forged identity papers, when they were spotted in the street by Bruno Kittel. The Black Book records::

Suspecting they were Jews, Kittel stopped them and had them sent to the concentration camp [at 37 Suboch Street], where he determined that their name was Zalkind and that up until now they had been hiding in a malina. He ordered a gallows to be erected in the middle of the yard and summoned sixty SS men from the Gestapo. When everything was ready and the yard was full of SS surrounding the doomed Zalkinds — husband, wife and child — Kittel said:

“For having violated my order and hiding in the city, you will now be hanged in front of everyone.”

Kittel went over to the gallows to be sure that the rope was strong; then he began the execution process. The child was the first to be hanged. Then the mother. When the noose was tightened around the father’s neck, the rope broke.

Kittel ordered a new noose to be made. But as soon as Zalkind was hanging from it, the rope broke again.

Kittel was simply amused by it all.

“If the rope should break a hundred times, I’ll hang you a hundred times,” he said. And he ordered the hangman to prepare another rope.

Following the rule of collective responsibility, after Mr. Zalkind finally died, Kittel randomly selected fifty inmates of the camp, loaded them into a van and hauled them off to their deaths at Ponar.

Only a few hundred of the Vilna Ghetto’s Jews, mostly those assisted by Major Plagge, survived the Nazi era. Some of the Germans who helped wipe out this city’s once-vibrant Jewish community were apprehended after the war and prosecuted.

Bruno Kittel, however, disappeared without a trace and was never found at all.

* At the time, Vilna was part of Poland. Vilna was its Yiddish name; the Polish name was Wilnow. The city is now the capital of Lithuania and called Vilnius.

On this day..

1858: James Rodgers, lamented

On this date in 1858, youthful delinquent James Rodgers was hanged in New York City.

The 19-year-old Irish immigrant Rodgers, according to the New York Herald‘s Nov. 13 post-hanging review, was one of a gaggle of ne’er-do-wells “well known to the police of the Sixteenth precinct as loungers about the corners.”

Corner-loungers evidently share behavioral DNA with the common high school meathead, for Rodgers (drunk on rum) precipitated his trouble by carrying “his arms a-kimbo, so that one elbow hit [John] Swanston violently as he went by him.” Swanston, a respectable burgher returning from market with his wife, didn’t take kindly to this territory-marking, and exchanged words with Rodgers until the punk terminated the conversation by planting a knife between Swanston’s ribs. The unfortunate gentleman, perhaps second-guessing his decision to make such a big deal over the elbow, expired painfully in the street as witnesses rushed to the scene.

If the Herald is to be believed, a concerted clemency push (including author Caroline Kirkland, who called personally on Gov. John King) went begging owing to a general public outcry against corner-lounging Irish hoodlums and their a-kimbo elbows.

Even though Rodgers was hanged in private in the Tombs, New Yorkers strained the roofs of nearby buildings (at ten to fifty cents per head) just to get a glimpse of him being walked to the gallows with the rope picturesquely around his neck and whatever else they could peep over the walls.

Reportedly contrite (he slept on the stone floor of his cell and ate bread and water by way of self-mortification), prayerful, handsome, and at the gallows unflinching, the youthful Rodgers died game … and also harrowingly.

The Tombs was already by this point employing a gallows that jerked the condemned upward rather than dropping him through a trap: the idea was that this method would humanely kill the wretch on the first strike of the knot.

That was not the case for James Rodgers.

By the time the executioners axed through the rope restraining the counterbalance and the fall of a 250-pound lead weight yanked Rodgers into the air, the noose’s knot had slipped to the nape of the culprit’s neck where it would fail to deliver a lethal fracture. The killer twisted and fought horribly for some eight minutes as he strangled to death, even freeing his right hand from its restraint and with it tearing at his heart. “Sickening to behold,” reported the New York Times.

So, that was James Rodgers. Like many murderers of the time, and especially those who could be constructed as sympathetic people led astray by drink, the man got himself a hanging ballad, “The Lamentation of James Rodgers.”

This ditty appears to have been appropriated, meter and lyrics alike, a generation later for the ballad “Charles Guiteau” — whose subject is the nutter assassin of President James Garfield. Guiteau hanged in 1882.

It’s pretty striking, really, even if not unusual for the genre; the lyrics show a line-for-line lift.

Lamentation of James Rodgers

Come all you tender Christians,
I hope you will draw near,
And likewise pay attention
To those few lines I have here:
For the murder of Mr. Swanston
I am condemned to die,
On the twelfth day of November
Upon the gallows high.

My name is James Rodgers
The same I ne’er denied,
Which leaves my aged parents
In sorrow for to cry,
It’s little ever they thought
All in my youth and bloom,
I came into New York
For to meet my fatal doom.

Charles Guiteau

Come all you tender Christians
Wherever you may be
And likewise pay attention
To these few lines from me.
For the murder of James A. Garfield
I am condemned to die
On the thirtieth day of June
Upon the scaffold high.

My name is Charles Guiteau
My name I’ll never deny,
To leave my aged parents
To sorrow and to die.
But little did I think
While in my youthful bloom
I’d be carried to the scaffold
To meet my fatal doom.

Here’s the Garfield version … as the guilt-ridden young tough James Rodgers is not much remembered on YouTube.

On this day..