Category Archives: Racial and Ethnic Minorities

1849: Washington Goode

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But the Commonwealth was not moved.

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

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

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

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

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

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

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

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

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1866: Mokomoko and the Maori killers of Carl Volkner

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On this date in 1866, five Maori men hanged for the murder of a German proselytizer.

Hesse-born Carl Sylvius Völkner* arrived in New Zealand as a Lutheran missionary in 1849; by 1861, he was directing an Anglican-run mission at Opotiki, the center of Maori Te Whakatohea territory.

Unfortunately for Volkner, his mission to win souls overlapped with the British mission to win land.

This same early 1860s period saw a sharpening of the European-Maori conflict on the North Island where Volkner kept his mission — the bloodshed in turn fostering the militant Pai Marire or Hau Hau faith in place of the settlers’. Though the Te Whakatohea weren’t directly involved in this war, they had felt its effects: refugees, food shortages, disease outbreaks.

Volkner, who was seen by Maori as a pro-government character and a British spy,** was warned that under the fraught circumstances he might be wise to extend his most recent trip to Auckland indefinitely and wait for things to simmer down.

He did not heed that warning.

On March 2, 1865, the day after Volkner’s return to Opotiki, a group of Pai Marire hanged the missionary to a willow tree outside his Church of St. Stephen, then butchered the dead body.

The Pai Marire leader Kereopa Te Rau then preached from the church’s pulpit with Volkner’s severed head at his side, in the course of which he tore the eyeballs from his grisly prop and, calling one “the Queen” and the other “Parliament”, theatrically devoured them. (Kereopa Te Rau is nicknamed “Kai whatu”, “the eyeball eater”.)

Old eyeball eater would eventually hang for this display as well, but he avoided capture until the 1870s — so this narrative takes its leave of him here.

The slaughter of the European evangelist at the very steps of the protomartyr’s church in turn fired the fury of white New Zealand.

The most immediate response was the government’s landing 500 soldiers in Opotiki in September 1865. From there they raided throughout Te Whakatohea territory (confiscating some 240,000 hectares that would feed white settlers’ surging demand for real estate) and put crops to the torch until the tribe surrendered up some 20 chiefs for punishment of the Volkner affair.

Five of those eventually hanged for their participation: Heremita Kahupaea, Hakaraia Te Rahui, Horomona Propiti and Mikaere Kirimangu … and a man named Mokomoko who was then and remains now the most controversial execution of the bunch.

Mokomoko’s guilt was sharply disputed by eyewitnesses who gave conflicting accounts of whether he was even present at the church on March 2. It was Mokomoko’s rope that strangled Carl Volkner, but the man himself insisted that he was not present. (The three witnesses who placed him on the scene said he carried the rope, suggesting participation far exceeding a bystander.)

Maori tradition preserved Mokomoko as an emblem of wrongful persecution, along with his song Tangohia mai te taura i taku kaki kia waiata au i taku waiata (Take the rope from my neck that I may sing my song):

Violent shaking will not rouse me from my sleep
They treat me like a common thief
It is true that I embrace eternal sleep
For that is the lot of a man condemned to die.

Shielded from the harsh light
With narrow eyes I reflect on the retribution taken at Hamukete
Remember how I was taken on board ship (chained)
The memory of it burns me with shame.

Bring me justice from distant lands to break my shackles
Where the sun sets is a government in Europe
It is for them to say that I must hang
Then shut me in my coffin box.

Under pressure from Mokomoko’s descendants, latter-day New Zealand has made a number of gestures of apology for Mokomoko’s hanging over the past 20-odd years, culminating in a posthumous pardon.

* A copse of rocks sprouting out of New Zealand’s Bay of Plenty is named for our man — the Volkner Rocks, also known as Te Paepae o Aotea.

** He sent reports to the government about subversive activity.

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1857: 52 European prisoners at Delhi

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In 1857, the centennial of the British East India Company’s mastery of the India, the subcontinent’s sepoy troops rebelled against the Company Raj.

There had been rumblings of disaffection for months before, signals that read portentous in retrospect but passed by the oblivious occupation army. That March, aggrieved at having been issued new ammunition cartridges rumored to have been prepared with pig and cow fat in offense to both Muslim and Hindu soldiery,* Mangal Pandey wrote himself into India’s nationalist lore by mutinying at Barrackpore.

Pandey’s own revolt fizzled, and saw him hanged.

But he’s remembered as the precursor of the much wider rebellion that ensued.

On Sunday, May 10th — the British garrison’s guard was down for religious services — sepoys at Meerut mutinied, too. Just the day before they had seen 85 of their own brothers in arms provocatively marched in chains after refusing the controversial cartridges.

Now, they fell upon their commanding officers, and on their families and British civilians in an wave of pent fury. Brits misforunate enough to be caught in it spent the dark hours that night as prey.

“Never was dawn more welcome to us than on the 11th of May,” one Englishwoman who survived the harrowing night wrote. “The daylight showed how complete the work of destruction had been. All was turned into ruin and desolation, and our once bright happy home was now a blackened pile.”

Meerut is just 60 kilometers or so from Delhi, and the mutineers soon made for that city — where the last Mughal Emperor, 81-year-old Bahadur Shah II, known as Zafar, “reigned” as Prince of Delhi. In reality, he was a pensioned ward of the East India Company … but symbolically, he was the heir to a once-mighty empire.

The rebels fell on Delhi, slaughtering Englishmen and women who had not been quick enough to escape the city, and looting opportunistically. Zafar tsk-tsked the disorder but he and most of his princes joined the revolt. Why not? The Company had already made known that the imperial title would disappear with Zafar’s death; here was the one last chance to restore the Mughal dignity.

This ride on the tiger would prove instead to be the final destruction of Zafar’s house.

On May the 16th, the sepoys, who were far from deferential to the emperor they proposed to raise up, demanded 52 European prisoners that Zafar’s courtiers were holding — holding instead of murdering, a restraint the sepoys angrily suspected was calculated as a potential future sop to the returning British. By putting those prisoners all to sudden death, they relieved the emperor of any avenue for compromise, binding him inescapably to the insurrection.

From William Dalrymple’s The Last Mughal:

The sepoys then called for the prisoners, who were being kept and fed by Zafar in a room beside the Palace kitchens, not far from the Lahore Gate. They bound them and took them to a peepul tree near the shallow tank in front of the Palace drum house, the Naqqar Khana, and began to taunt them that they were about to be slaughtered.

According to Jiwan Lal, “the King and his courtiers stood like dumb puppets” at first, horrified by what the sepoys were contemplating. “Then the King ordered the sepoys to separate into parties, Mahommedans and Hindus, and he appealed to each to consult their religious advisers to see if there was any authority for the slaughter of helpless men and women and children.” “Their murder can never be allowed,” said Zafar, adding that the Queen was also wholly opposed to any massacre. Sa’id Mubarak Shah recorded that

the king wept and besought the mutineers not to take the lives of helpless women and children, saying to them “take care — for if you commit such a deed the vengeance and angel of God will fall on us all. Why slay the innocent?” But the Mutineers refused to listen and replied “we’ll kill them, and in your palace, so that whatever the result you and we shall be considered one in this business, and you will be thought equally guilty by the English.”

… the King continued to argue with the sepoys and refused to give his consent to the murder, but was eventually silenced …

When Zahir saw that the sepoys were preparing to go ahead with the slaughter, he begged the hakim to make a last effort to stop the massacre: “I told him that I had seen the prisoners being taken out,” he recorded later,

and I was afraid that they were about to kill them, and that he must do something quickly to stop them. To this I got a reply, “What can I do?” I told him this is the time to prove our loyalty, and that if he wanted to save the King then he had to try and persuade the rebels to stop this crime and save the prisoners, otherwise the English would come and level Delhi and turn it into an empty wasteland in revenge for this spilling of innocent blood. Ahsanullah Khan replied, “You are still a child. You do not realize that in public life a man must use his reason rather than give way to his emotions. If we try to dissuade the rebels now they will kill us before they kill the English, and then they will kill the King.”

It was anyway too late. By the time Ahsanullah had finished speaking, the sepoys and the Palace mob had got to work.

They made the prisoners sit down, and one of them fired his carbine at them. After this two of the King’s personal armed retainers killed all the Europeans, men, women and children, with their swords. There were about 200 Mussalmans standing at the tank, uttering the coarsest abuse at the prisoners. The sword of one of the king’s retainers broke. After the slaughter, the bodies were taken on two carts, and thrown into the river. This occurrence caused a great excitement amongst the Hindus throughout the city, who said that these Purbeas who had committed this heinous and atrocious cruelty could never be victorious against the English.

For Zafar the massacre was a turning point. The sepoys were quite correct that the British would never forgive the mass killing of innocents, and Zafar’s failure to prevent it proved as fatal for him and his dynasty as it was for them.

Three weeks later, the British besieged Delhi. When the city succumbed that September, it lay at the mercy of a foe which had been incited to spectacularly furious revenge. Vengeful fantasies of razing Delhi to the ground and slaughtering its denizens en masse were openly mooted; if the actual reprisal never attained that scale, it was still wildly indiscriminate. Dalrymple once again:

Everywhere the British convinced themselves that the atrocities committed by the sepoys against their women and children absolved them of any need to treat the rebels as human beings: “Since they had butchered our defenceless women and children,” wrote Colonel A. R. D. Mackenzie, “we would have been more than human, we would have been less than men, if we had not exterminated them as men kill snakes wherever they meet them.” It soon became exceptional among the British to regard anyone on the opposite side of the battle lines as even belonging to the same species: “I [simply] cannot consider these sepoys human beings,” wrote Captain J. M. Wade, “and it is only common practice to destroy them as reptiles.” George Wagentrieber helped fan such flames from his new Delhi Gazette Extra printing press in Lahore: “Our army is exasperated almost to madness by what they have seen of the brutality of the insurgents,” he expostulated in one editorial.

Moreover, as far as many of the British troops were concerned, their fury and thirst for revenge were not so much a desire as a right enshrined in the Bible. One British soldier, “Quaker” Wallace, was in the habit of bayoneting his sepoy adversaries while chanting the 116th Psalm. As General Neill put it, “The Word of God gives no authority to the modern tenderness for human life.” Padre Rotton was in full agreement. The rebels did not realise, he wrote, that the Uprising was in fact

a battle of principles, a conflict between truth and error; and that because they had elected in favour of darkness, and eschewed the light, therefore they could not possibly succeed. Moreover, they had imbrued their hands in the innocent blood of helpless women and children, and that very blood was [now] appealing to heaven for vengeance. The appeal was unquestionably heard. The Lord could not do otherwise than be avenged on such a nation as this.

1857 marks the textbook end date for the Mughal Empire.

For his support of the rebellion, and his failure to avert the May 16 massacre of prisoners, Zafar was deposed and sent to exile in Burma, where he wrote his own epitaph in Urdu verse:

I asked for a long life, I received four days
Two passed in desire, two in waiting.

The days of life are over, evening has fallen
I shall sleep, legs outstretched, in my tomb

How unfortunate is Zafar! For his burial
Not even two yards of land were to be had, in the land of his beloved.

Many of Zafar’s sons and grandsons were killed (at least 29 by execution, according to Dalrymple) as the revolt was crushed.


This photo of an unidentified hanging of India rebels comes from this page, which also features a number of images of Delhi after its capture from photographer Felice Beato. Beato’s work in China has been highlighted elsewhere in Executed Today’s annals.

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1913: Andriza Mircovich, by a shooting-machine

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101 years ago today, a Serbian immigrant was shot for murder in Carson City, Nevada.

It was an ordinary murder, by an ordinary man: his cousin died in a mining fire in 1911, and Andriza (or Andrija) Mircovich, feeling he got stiffed on the resulting inheritance, stabbed to death the probate attorney (a fellow South Slav named Gregorovich).

The execution, however, was extraordinary — and has never in history been repeated.

The march of science had lately made possible whole new methods of execution heretofore uncontemplated — like electricity and poison gas. At the same time, mechanical engineering had improved old standbys like beheading and hanging from slipshod, error-prone affairs to efficient operations worthy of an age of industry.

Somewhere between those categories lies the firing squad. Firearms, of course, were new technology relative to the noose and a big ol’ axe, but we do find executions by shooting back to the 17th century at least.

Though the guns themselves had been updated, Nevada was forced by circumstances to do for firing squads what Dr. Guillotin had done for headsmen.

Nevada law at the time allowed inmates to choose between hanging and shooting. The state had all the accoutrement for the former, but it hadn’t ever conducted one of the latter. When Mircovich insisted on being shot, and prison officials couldn’t find people willing to pull the trigger, Nevada actually built a “shooting gallery of steel” — an entire contraption to automate the lethal fusillade.

The 1,000-pound gallery of steel, whose arrival caused the prison warden George Cowing to resign in horror,* consisted of a shed with three protruding mounted rifles, which would be individually sighted on the heart of the restrained prisoner and fired when guards cut a string to release a spring mechanism.

In a macabre Rube Goldberg parody, it was improved for the consciences of the guards by having three strings that would be simultaneously cut, only one of which actually triggered the gallery. A redundant layer of plausible deniability was added, since each of the three guards had aimed only one of the three rifles, by loading only two of the three guns with live ammunition.

Mircovich went to his death still fulminating profanely against the judge who condemned him and the injustice of it all. The scene, it must be said, was not exactly the finest hour in penal history.

But the device itself? It worked perfectly, killing Mircovich nigh-instantly with two balls straight to his heart.


From the Los Angeles Times, May 15, 1913.

Nevada got rid of this inconvenient execution option not long after, and Mircovich remains the only human being put to death by shooting (whether by human hands or mechanical ones) in the Silver State’s history. The guns from this weird artifact currently reside at the Nevada State Museum, Carson City; the scaffolding that once surrounded them is in some aircraft carrier or tank, having been donated as scrap metal during World War II.

* Cowing was replaced by former governor Denver Dickerson, who would later oversee Nevada’s pathbreaking gas chamber debut. Digression: Dickerson’s turn as governor had been notable for his arranging a boxing match in Reno between the black champion Jack Johnson and the “great white hope” James Jeffries, which resulted in a legendary Johnson victory and — another sign of the era’s dismal condition of race relations — a nationwide wave of racial violence.

According to Unforgivable Blackness: The Rise and Fall of Jack Johnson, Dickerson was the kind of guy who could see past skin color well enough to make bank wagering on Johnson.

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1876: The slave Francisco, Brazil’s last execution

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Brazil carried out the last civil execution in its history on April 28, 1876.

The beloved and long-serving Emperor Pedro II — Brazil’s last emperor, for he was deposed in 1889 in favor of a Republic — had developed a strong aversion to the death penalty.

“I am not a supporter of capital punishment,” Pedro II mused in his diary on New Year’s Day, 1862,

but conditions in our society still make it necessary, and it exists in law. However, employing of the prerogatives of the regulating power, I commute death sentences, whenever the circumstances of the case justify so doing it.

Just two months before writing that entry, Pedro had failed to stop the execution of Jose Pereira de Sousa.

But as the years went on, Pedro would find his sought-for justification to intercede ever more frequently … and in time, universally. There were still death sentences handed down in the last decade-plus of the Brazilian Empire, but the sovereign’s pen sustained a standing moratorium.

Jose Pereira de Sousa’s 1861 hanging proved to be the last civil execution of a free man in Brazil’s history — the qualifier courtesy of Brazil’s status as the Western world’s last slave state. (Slavery wasn’t abolished in Brazil until 1888.)

The black slave Francisco was the very last condemned man whose execution the Emperor Pedro II failed to block. Francisco was one of a trio of slaves who had two years prior bludgeoned to death their former masters, João Evangelista de Lima and his wife. One of Francisco’s confederates was killed on the run; the second died in prison. (Source, in Portuguese like most of the little to be found about Francisco.)

Its distinguishing characteristic from the standpoint of posterity is simply that it was the last; and, that its milestone characteristic underscores Brazil’s painful slaving history.

These circumstances have recommended Francisco’s last passion to annual re-enactments (more Portuguese) on the anniversary of his execution, in the city of Pilar, Alagoas where it all took place.

After Francisco, Pedro’s already-dogged obstruction of the death penalty became absolute, persisting over the last 13 years of his reign. By the time he yielded the executive power to the Republic of Brazil, his persistence had put capital punishment permanently beyond the pale for Brazil’s subsequent authorities.

Even Brazil’s 20th century dictatorships, while implicated in extrajudicial killings, never made bold to break the taboo on a formal judicial execution.

Theoretically, the death penalty is still to this day available in Brazil though only for a major wartime crime. (It would be carried out by firing squad.) In reality, as Emperor Pedro observed with satisfaction after his involuntary retirement from politics, it’s as dead as a letter can be.

This reminds of what I have done for the abolition of the death penalty by law, rather than in practice, since I achieved that some 30 years ago through always commuting the penalty.

-Pedro II, June 15, 1890 (Source for both Pedro’s diary pull-quotes)

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1791: Emanuel the runaway slave

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A Negro man named Emanuel, who has been for some time past, advertised runaway from Samuel Kemp, was taken up at sea near Hyburn Key, in a failing boat, belonging to the brig Eliza, Stuart, in the beginning of last week, and brought to town. He has since been tried for stealing the boat, condemned, and sentenced to be hanged on Tuesday next.

-Bahama Gazette, April 12-15, 1791

A negro man found guilty of murder, was executed last Tuesday. He and the negro who was executed on Tuesday last week, are hung in chains on Hog Island, at the entrance of the harbour.

-Bahama Gazette, April 26-29, 1791

According to William Lofquist’s “Identifying the condemned: Reconstructing and analyzing the history of executions in The Bahamas,” The International Journal of Bahamian Studies, these appear to be the first documented judicial executions on the Bahamas since Great Britain re-established control of the archipelago in 1784. (The Bahamas were part of the territory contested in that war: Nassau was briefly occupied by American troops, and was in the hands of Spain when the fighting stopped. Spain transferred the island back to Britain in the postwar settling-up.)

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1880: James Madison Wyatt Stone, landing on his feet

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The wonderful blog Ghosts of D.C. calls our attention (via SanhoTree) to a fabulously gruesome botched hanging in the nation’s capital on this day in 1880.

James Madison Wyatt Stone was condemned for a brutal double-throat-slashing attack on his estranged wife, Alberta, and her sister, Lavinia Pitcher. Those two women lived together in Northwest D.C. along with Alberta’s two children by Stone; they had already had to shoo away the husband on previous occasions.

On Oct. 5, 1878, Stone forced his way into their residence and attacked Lavinia — she just happened to be in the sitting room when Stone burst the door. Pursuing her into the yard, Stone slashed her throat with a razor. Alberta came rushing down the stair to her shrieking sister’s aid, and Stone turned on her and delivered a similar injury. Alberta died the next morning; Lavinia survived.

Stone was chased down by neighbors who had been roused by the very noisy assault, which citizen captors then fended off attempts to exact summary justice until police arrived to take Stone into custody.

So that’s the crime. But get a load of the punishment.

Stone was hanged in a prison courtyard from a gallows 20 feet high, with just a five-foot drop of the rope. The details are important here because you might think from the story that follows that he was dropped almost all the way to the ground: the violence of the noose striking tends to cause a hanged body to oscillate. “He’s only got to be an inch or two off-centre and he’ll swing like a bloody pendulum when he’s dropped,” the executioner Syd Dernley remembered being told during his 20th century training program.

You can see pretty easily why that’s pertinent from the Washington Post‘s account of what happened when the trap was dropped.

Instead of the dangling and possible convulsed form of the dying man being as expected, all were horrified at seeing the body standing for a moment headless on the ground, the blood spurting in thin jets from the neck. Before anyone had time to realize what had occurred the decapitated trunk fell back, prone. The head had shot backwards also and bounded against the frame of the scaffold, falling about four or five feet from the body, the bleeding base being uppermost.

Falling 20 feet to land arrow-straight upright while your black-bagged head is torn off by a rope must be something like tossing a coin and having it come up … sides.

Physicians coolly retrieved the head from its bloodied sack, and found Stone’s visage “placid, and the lips moved as if about to say something.” (New York Times) It was sewed back to the murderer’s formerly blood-jetting neck for burial.

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1958: Jeremiah Reeves, Montgomery Bus Boycott inspiration

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In 1954, the Dexter Avenue Baptist Church in Montgomery, Alabama hired as its pastor a 25-year-old fresh out of Boston University’s doctoral program.

In his memoir, Dr. Martin Luther King, Jr. remembered his entry to civil rights activism in Montgomery. One of his first steps was setting up a Social and Political Action Committee for his church, prominently emphasizing voter registration.

But his next engaged a major death penalty case that haunted Montgomery throughout the 1950s.

After having started the program of the church on its way, I joined the local branch of the NAACP and began to take an active interest in implementing its program in the community itself. Besides raising money through my church, I made several speeches for the NAACP in Montgomery and elsewhere. Less than a year after I joined the branch I was elected to the executive committee. By attending most of the monthly meetings I was brought face to face with some of the racial problems that plagued the community, especially those involving the courts.

Before my arrival in Montgomery, and for several years after, most of the NAACP’s energies and funds were devoted to the defense of Jeremiah Reeves. Reeves, a drummer in a Negro band, had been arrested at the age of sixteen, accused of raping a white woman. One of the authorities had led him to the death chamber, threatening that if he did not confess at once he would burn there later. His confession, extracted under this duress, was later retracted, and for the remaining seven years that his case, and his life, dragged on, he continued to deny not only the charge of rape but the accusation of having had sexual relations at all with his white accuser.

The NAACP hired the lawyers and raised the money for Reeve’s defense. In the local court he was found guilty and condemned to death. The conviction was upheld in a series of appeals through the Alabama courts. The case was appealed to the United States Supreme Court on two occasions. The first time, the Court reversed the decision and turned it back to thes tate supreme court for rehearing. The second time, the United States Supreme Court agreed to hear the case but later dismissed it, thus leaving the Alabama court free to electrocute. After the failure of a final appeal to the governor to commute the sentence, the police officials kept their promise. On March 28, 1958, Reeves was electrocuted.

The Reeves case was typical of the unequal justice of Southern courts. In the years that he sat in jail, several white men in Alabama had also been charged with rape; but their accusers were Negro girls. They were seldom arrested; if arrested, they were soon released by the grand jury; none was ever brought to trial. For good reason the Negroes of the South had learned to fear and mistrust the white man’s justice.

–Stride Toward Freedom: The Montgomery Story

Reeves’s plight struck much closer to home for Claudette Colvin.

A Montgomery native, she was a classmate of Reeves at Montgomery’s segregated Booker T. Washington High School.

On March 2, 1955, Colvin boarded a city bus in front of King’s church on her way back from school, and plopped herself down in the middle of it. As the bus meandered on its route, it began to fill up. Montgomery’s segregated-bus rules at the time reserved a few rows up front for whites, and opened the middle rows for blacks … but only until the white rows overflowed, at which point black riders in the midsection were expected to give up their seats.

Colvin refused to do it.

She furiously argued with the police summoned by the bus driver, invoking her constitutional rights.

When they arrested her, she didn’t do nonviolent resistance: she fought back.

“I was really struggling,” she said in Ellen Levin’s Freedom’s Children: Young Civil Rights Activists Tell Their Own Stories.

“Other kids got home and told Mama what happened,” Colvin remembered. “She already knew how hurt I was about Jeremiah Reeves. She knew this wasn’t a one-day thing. This was a rebellious time that started with Jeremiah … I just couldn’t get over Jeremiah being framed.”

Colvin’s spur-of-the-moment act of civil disobedience predated the more famous refusal of Rosa Parks by nine months. (Colvin’s parents knew Rosa Parks, and Parks was an advisor to the NAACP Youth Council, which Colvin was involved in.)

Montgomery civil rights leaders were already looking for a test case to mount a challenge against Montgomery buses’ racial ridership rules. Colvin was considered for the part, but ultimately Montgomery’s leaders took a pass on the case: she was an angry teenager, very dark-skinned, and from a working-class family; moreover, she soon became pregnant by an older, married man whom Colvin refused to name. Nevertheless, her name, and her act, became well-known in Montgomery and nationwide. The first pamphlets about Parks’s arrest reference Colvin as the well-known precedent.

Rosa Parks, a dignified and nonviolent matron, was eventually judged the palatable public figurehead to rally behind. Days after Parks’s December 1, 1955 arrest,* the Montgomery Improvement Association — with King at its head — mounted its famous bus boycott. Parks is the name everyone knows … but Colvin was the first.

And Colvin was one of four plaintiffs in the federal suit that forced desegregation in Montgomery.

Claudette Colvin’s refusenik notoriety made it so difficult for her to work in Montgomery that she moved to New York in 1958 — the same year her schoolmate was finally electrocuted for that supposed rape.

Days after Reeves died in Alabama’s electric chair, an Easter rally assembled on the lawn of that state’s capitol building to protest the execution — and gird for the struggles still to come.

We assemble here this afternoon on the steps of this beautiful capitol building in an act of public repentance for our community for committing a tragic and unsavory injustice. A young man, Jeremiah Reeves, who was little more than a child when he was first arrested, died in the electric chair for the charge of rape. Whether or not he was guilty of this crime is a question that none of us can answer. But the issue before us now is not the innocence or guilt of Jeremiah Reeves. Even if he were guilty, it is the severity and inequality of the penalty that constitutes the injustice. Full grown white men committing comparable crimes against Negro girls are rare ever punished, and are never given the death penalty or even a life sentence. It was the severity of Jeremiah Reeves’s penalty that aroused the Negro community, not the question of his guilt or innocence.

But not only are we here to repent for the sin committed against Jeremiah Reeves, but we are also here to repent for the constant miscarriage of justice that we confront every day in our courts. The death of Jeremiah Reeves is only the precipitating factor for our protest, not the causal factor. The causal factor lies deep down in the dark and dreary past of our oppression. The death of Jeremiah Reeves is but one incident, yes a tragic incident, in the long and desolate night of our court injustice.

…

Let us go away devoid of biterness, and with the conviction that unearned suffering is redemptive. I hope that in recognizing the necessity for struggle and suffering, we will make of it a virtue. If only to save ourselves from bitterness, we need vision to see the ordeals of this generation as the opportunity to transfigure ourselves and American society … Truth may be crucified and justice buried, but one day they will rise again. We must live and face death if necessary with that hope.

-Martin Luther King, ““Statement Delivered at the Prayer Pilgrimage Protesting the Electrocution of Jeremiah Reeves” (pdf transcription)

* Parks would say that she had been thinking on the occasion of her refusal of that summer’s murder of Emmett Till in Mississippi.

On this day..

1865: Amy Spain, liberation anticipation

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This date in 1865, just weeks before the final collapse of the Confederacy, a slave named Amy was hanged on a sycamore tree before the courthouse of Darlingon, S.C., for anticipating her liberty a little too exuberantly.

Mopping up after his march to the sea, Union Gen. William T. Sherman proceeded to South Carolina. After occuping the capital, Columbia, Sherman’s army made a northerly progression towards North Carolina.

In early March, Union Cavalry appeared in Darlington. Our 17-year-old principal, the domestic of a local lawyer named A.C. Spain,* exulted at this arrival.

“Bless the Lord, the Yankees have come!” Harper’s Weekly** would later report her to have exclaimed.

The long night of darkness which had bound her in slavery was about to break away. It was impossible to repress the exuberance of her feelings; and although powerless to aid the advancing deliverers of her caste, or to injure her oppressors, the simple expression of satisfaction at the event sealed her doom.

But the Union men were not long for the town. It was just a scout party; constrained by strategic objectives, and hindered by swollen early-spring rivers, the main body of Union forces passed Darlington by.

Anticipating an occupation that was not about to occur, Amy recklessly declared herself free and took some of the Spain household’s possessions — the fruit of her own involuntary labor. Whatever her exact actions in those days, they were frightfully punished — over the objection of A.C. Spain himself, who reportedly served as her advocate at the rebel military trial that condemned her.

Her persecutors will pass away and be forgotten, but Amy Spain’s name is now hallowed among the Africans, who, emancipated and free, dare, with the starry folds of the flag of the free floating over them, speak her name with holy reverence.

-Harper’s Weekly

* Spain was also a Confederate commissioner to Arkansas at the start of the Civil War, in which capacity he successfully urged Arkansas into the rebel camp.

** Septemer 30, 1865.

On this day..

2001: Willie ‘Ervin’ Fisher, traveling man

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(Thanks to John S. Carbone of Alienists Compendium. Dr. Carbone is also the Director of Mental Health Services and Chief of Forensic Psychiatry for the North Carolina prison system.)

On this date in 2001, Willie ‘Ervin’ Fisher, aged 39, was put to death by lethal injection at North Carolina’s Central Prison in Raleigh.

His was a forgettable if lamentable crime were it not for the changes to the state’s administrative code that his passing — nay, his post-mortem travels — effected.

Fisher at first invoked that time-tested excuse of addling by drugs and alcohol as exculpation for the slaying of April 2nd 1992.

He admitted from the time of arrest to the murder of Angela Johnson, his on-again, off-again girlfriend, during a domestic altercation that was witnessed by many as it spilled outside to a parking lot for its finale by knife and broken broomstick.

Interestingly, Fisher had no prior felony arrests, and when he was deemed able to have formed the specific intent necessary for first-degree murder, that other time-tested excuse — ineffective counsel — was raised with equal futility. Throughout, however, prison officials described him as a ‘model prisoner’ on death row, one who received nary a single disciplinary charge in the decade he was incarcerated. And though he later abandoned the pretense of chemical sway and accepted full personal responsibility in a videotaped appeal for clemency to the governor, his pleas fell on deaf ears.

Fisher gave a brief last statement on the evening of his demise, and was pronounced dead after 9:00 p.m. His earthly remains were then transported across town to the medical examiners’ office.

But that wasn’t the end of the story.

The decedent’s sister, Sally Fisher, was at that time the deputy registrar of vital records for the Forsyth County (NC) Health Department, and as such was familiar with then-existing rules pertaining to the handling and transportation of dead bodies. Ms Fisher later recounted that “I just got up that [next] morning and said, ‘we might as well [bring] Ervin home’…. I just wanted to be close to him for a while.”

So Ms Fisher, her sister, and her niece piled in the latter’s SUV and drove to Raleigh at 6:00 a.m. on the 10th to claim the corpse. At first, the medical examiner balked at releasing the body thusly, but Ms. Fisher was versed in statute and code, and after a number of frantic phone calls for guidance, the ME had no choice but to turn Fisher’s remains over to his family.

Then, with the help of an employee of the ME’s office, the four struggled to wedge Fisher’s by-then-stiff corpus into the back of the SUV. Fisher had to be placed recumbent as he wouldn’t sit up straight. Ms. Fisher and her sister got in the back seat and talked with the departed while the niece drove the 100 miles west on Interstate 40 to Winston-Salem and the family residence.

Though it was only early March, Fisher’s family turned on the air conditioning inside the SUV — to the highest setting.

En route, they stopped at least once for sodas and to make phone calls to family and friends to let them know that Fisher was headed home, and that everyone should come to visit upon his arrival. There was a brief and impromptu reunion of sorts held in the front yard when the travelers reached the family’s residence. This was followed by a meandering drive around town to visit old haunts (pun fully intended) before eventually reaching the funeral parlor.

Word traveled fast, and it wasn’t many hours before a local television station in Winston-Salem had called the warden at Central Prison for comment regarding the inmate of whom he had overseen the execution mere hours before who was nevertheless now cruising out west with crowds forming to wave at him.

Some said that the family fetched Fisher to save expenses. The Department of Correction, though, was authorized to provide up to $300 to indigents for burial costs if a letter were received from a funeral home … and no such letter had been received. Ms. Fisher herself later said that money had nothing to do with the decision. “To me, it was … closure. For ten years, I was talking to him through glass and couldn’t touch him. That was my brother. He was the baby…. Bringing him back home helped me out.”

And in what may be Ervin Fisher’s lasting legacy, it is now mandated by amended state administrative code that only a hearse from a licensed funeral home can take possession of the dead at the medical examiner’s office.

On this day..