On or about this date in 1781,* the native Aymara revolutionary Tupac Katari (or Tupac Catari, or Tupaj Katari) was torn apart in the Bolivian village of Penas — a messianic warning on his lips of his Spanish captors’ future comeuppance.
Hard on the heels of Tupac Amaru‘s public dismembering in nearby Cuzco (present-day Peru), Julian Apasa Nina took up the name and mantle of recent Bolivian insurgent Tomas Katari.
Julian Apasa’s new name Tupac Katari was as ambitious as his plans, for he took the thousands of indigenous Americans who flocked to his banner and laid siege to La Paz from the adjacent El Alto.**
The object was not mere plunder, but rolling back Spanish domination full stop.
A friar who met Katari reported that the Spanish tongue was forbidden on pain of death, and the rebel leader aimed to “totally separate himself from all Customs of the Spanish.” (Source) He did not shrink from ferocity to achieve his ends, hanging captives outside the walls of the city, enforcing military discipline ruthlessly. (Source) The Aymara fought with “a spirit and pretentiousness so horrible that … it can serve as an example as the most valiant nation.” (Source)
Though the siege† reduced Spanish defenders to eating bark and horseflesh, and starved out thousands, the city held out and the siege was at length lifted and Tupac Katari betrayed into his enemies’ hands.
Condemned to death (a fate his wife Bartolina Sisa would share months later), Katari was lashed to four horses who strained until his body ripped into quarters suitable for placarding towns of the district. But before he went, Katari bequeathed posterity a legendary final sentiment.
* It appears that the primary sources themselves are unclear on the precise date, and there are citations for the execution taking place anywhere from Nov. 13 to Nov. 18. Nov. 15 appears to be the best-preferred by scholars, or the co-number one with Nov. 14, and we’re inclined to prefer this date because of the 20th century Indian social justice movement which explicitly cited Katari’s inspiration — the Movimiento 15 de Noviembre (more in Spanish). It’s part of an entire political tendency in Bolivia called Katarismo. If the date is good enough for the Aymara, it’s good enough for this blog.
That wasn’t the only 20th century movement to situate itself as Katari’s heirs. A set of Marxist indigenous guerrillas styled themselves the Tupac Katari Guerrilla Army, and a former member of this Che-inspired militia is currently Bolivia’s vice president.
** From the Aymara siege of La Paz developed the local tradition of Ekeko.
† Actually, two distinct sieges in 1781, one lasting just over three months and the next lasting just over two.
On this date in 1960, South Africa conducted a mass execution of 15 miscellaneous criminals (14 black, one white) in Pretoria Prison.
The headline attraction was one of the 14 blacks: Phineas Tshitaundzi, the “panga man” or any number of related headline-worthy nicknames — the panga slasher, the panga maniac. (“Panga man” can also just be any old fellow with a panga, like an agricultural worker.)
A panga is a machete, and Phineas Tshitaundzi wielded this intimidating instrument during a 1950s spree terrorizing white lovers’ lanes around Johannesburg. “He would assault the men and rape the women — to whom, it was said, he then gave bus fare home,” wrote Jean and John Comaroff in Law and Disorder in the Postcolony.* “There could hardly have been a more intense figuration of the dark, erotically charged menace that stalked the cities in the white imagination.”
The assaults were non-fatal — panga man was the only one of the 14 blacks hanged this day not on the hook for murder — but the many survivors whose affairs were on the illicit side had injuries to cope with beyond those inflicted by the blade.
Tshitaundzi was finally caught as a result of fencing some of the proceeds of his crimes, whereupon it transpired that the terrifying perpetrator had been so difficult to capture because he’d been working as a mild-mannered 40-year-old “tea boy” at police headquarters itself, a position that allowed him to stay wise to various attempts to ensnare him.
On this date in 1880, legendary bushranger Ned Kelly hanged at Melbourne Gaol.
The Dick Turpin of Australian outlawry — in the sense that he’s the first name on the marquee — Kelly was the son of an Irishman shipped to Van Damien’s Land on the British convict transportation plan.
When Ned was all of 11, pa died doing a six-month prison stint at hard labor for stealing a neighbor’s cow, and it wasn’t much longer before young master Edward was making the acquaintance of the law himself: arrested for assault in 1869 at age 14; arrested once again the following year as an accomplice to the bushranger with the pornstar name, Harry Powers; imprisoned later in 1870 for three years for receiving stolen goods … and then he got into the family horse-rustling racket upon his release. Crime and gaol were just part of Ned’s world.
So was police antagonism.
The man’s famous last years started with what reads as a trumped-up run-in with a cop who turned up at a station complaining that the Kellys had shot him. (The Kelly story is that he got fresh with Ned’s sister and got whacked by a shovel.) Whatever the facts of the matter, it sent Ned and his brother Dan into the bush as fugitives.
At Stringybark Creek, the “Kelly gang” got the drop on the police posse sent to arrest them, and three officers died in the firefight. Now there was real trouble.
An 1878 “Felons Apprehension Act” immediately proscribed the men, making it “lawful for any of Her Majesty’s subjects whether a constable or not and without being accountable for the using of any deadly weapon in aid of such apprehension whether its use be preceded by a demand of surrender or not to apprehend or take such outlaw alive or dead.”
The ensuing two-year saga was a captivating cycle of dramatic robberies, escalating government bounties, state hostage-taking in the form of imprisoned family and friends, and Kelly’s own Joycean self-vindication.
he would be a king to a policeman who for a lazy loafing cowardly bilit left the ash corner deserted the shamrock, the emblem of true wit and beauty to serve under a flag and nation that has destroyed massacreed and murdered their fore-fathers by the greatest of torture as rolling them down hill in spiked barrels pulling their toe and finger nails and on the wheel. and every torture imaginable more was transported to Van Diemand’s Land to pine their young lives away in starvation and misery among tyrants worse than the promised hell itself all of true blood bone and beauty, that was not murdered on their own soil, or had fled to America or other countries to bloom again another day, were doomed to Port Mcquarie Toweringabbie norfolk island and Emu plains and in those places of tyrany and condemnation many a blooming Irishman rather than subdue to the Saxon yoke Were flogged to death and bravely died in servile chains but true to the shamrock and a credit to Paddys land.*
The hunt culminated in a cinematic shootout at the Glenrowan Inn, Kelly an accomplices entering the fray clad in bulky but effective homemade body armor they’d literally hammered out of ploughshares. (It’s thanks to the armor’s protection of his head and trunk that Ned Kelly survived the Glenrowan siege so he could be hanged instead.) Now on display at the State Library of Victoria, it’s the most queer and recognizable artifact of an era that was already then slipping into the past.
Ned Kelly in his armor (left), and the logo of the Victoria Bushrangers cricket club patterned after it (right).
I do not pretend that I have led a blameless life or that one fault justifies another; but the public, judging a case like mine, should remember that the darkest life may have a bright side, and after the worst has been said against a man, he may, if he is heard, tell a story in his own rough way that will lead them to soften the harshness of their thoughts against him and find as many excuses for him as he would plead for himself.
This cut no ice with the men who judged him guilty of murder, but the brawler, cop-killer, bank-robber Kelly seems to have found a way to tell that story to posterity and its thoughts have softened very much indeed.
Everything from his hardscrabble upbringing to his romantic man-against-the-world criminal career to his iconic robot-suit armor to his existentially heroic last words “such is life” equips his image for posthumous appropriation. He seems one-half charming anachronism, one-half hirsute postmodern avatar, especially when you go sculpt a mailbox out of him.
131 years dead today, Ned Kelly remains very much alive in memory. To this day, descendants and supporters lay flowers at the Melbourne Gaol where he hanged, and the recent decision to release his remains for reburial (as Kelly himself requested) made national headlines.
(There’s a BBC page preserving a good deal of the original coverage here.)
Loyak, one of those executed Oct. 20, 2009.
The two most prominent prisoners — in fact, the only two confirmed in some of the first media reports — were Lhasa residents Lobsang Gyaltsen and Loyak. A court spokesperson said both had been “given death penalties had committed extremely serious crimes and have to be executed to assuage the people’s anger.”
Specifically, both had been convicted of torching shops during the Lhasa riots, which arsons both led to deaths.
The other two executed, a woman named Penki (also for arson) and an unnamed man, received less comment, although they might have been executed despite having been condemned only to a “suspended” death sentence, which for China is generally no death sentence at all.
Executions in Tibet turn out to be relatively rare; these were the first known Tibetan executions since early 2003. Widely condemned abroad, this date’s events were barely or not at all reported internally by Chinese state media.
On this date in 1985, poet Benjamin Moloise was hanged in Pretoria for murdering a (black) policeman in apartheid South Africa.
Moloise’s controversial execution occurred in the context of violent resistance to apartheid in South Africa’s black townships and an ultimately fatal crisis for the apartheid state.
The black majority, long treated as second-class citizens by the white powers-that-be, turned to increasingly confrontational tactics aiming to break official power at the township level. Attacks on black officials and police officers who administered state authority at that level were part and parcel.
Moloise was convicted in a plot to kill such an officer in 1983. (The African National Congress claimed responsibility for the killing, and said that Moloise wasn’t involved.)
His hanging approached as the township rising grew into a mass movement that the hardline government of P.W. Botha answered mostly with force* — so, little surprise that Botha spurned both American and Soviet entreaties not to hang Moloise and little surprise that the execution further escalated racial violence.
Furious black protesters rioted in downtown Johannesburg itself, which (like much of white South Africa) had theretofore remained mostly immune to the violence gripping the townships. Here’s a French news report on Moloise’s execution and its aftermath.
All of which dovetailed with a dramatic fall in South Africa’s international position, vividly symbolized by the months-long collapse of the rand — which bled about three-quarters of its value in 1985. International outrage at the blood shed to enforce South Africa’s color line subjected it to a cascade of diplomatic and economic sanctions in the mid-1980s.
Apartheid went out with the Cold War at the end of the decade — vindicating Moloise’s poetic final message, subsequently a staple message at anti-apartheid rallies.
I am proud to be what I am …
The storm of oppression will be followed
By the rain of my blood
I am proud to give my life
My one solitary life.
* It had implemented a state of emergency that very summer. At the same time, Botha pursued tweaks around the edges of apartheid to preserve it: weeding out “petty apartheid” provocations like whites-only/coloreds-only facilities, and implementing a new constitution with a tricameral, race-based parliament.
It was on this date 1873 that the Modoc leader Kintpuash, known as Captain Jack, was hanged with three comrades by United States forces after the Modoc War.
Reading from a familiar script, the encroaching whites had squeezed Modocs off their ancestral land and onto a reservation — in fact, the reservation of another, rival tribe. Jack led his people off that uncomfortable lodgings, bidding to return home in 1865 — only to be rounded up and re-confined.
A second attempt to break out would result in his execution.
When an actual fight broke out at the inevitable surrender negotiation, outright skirmishing ensued as everyone reached for their guns.
Jack’s forces broke away, now with the U.S. Army in earnest pursuit. They fell back to the rough volcanic terrain at present-day Lava Beds National Monument in northern California — and specifically to a defensible natural fortification that now bears Captain Jack’s name.
Modoc firing position within Captain Jack’s Stronghold. (cc) image courtesy of Eric Hodel.
From Captain Jack’s Stronghold, the Modoc held off a larger army assault.
Dee Brown relates the tragedy of the fruitless monthslong aftermath, of “peace” negotiations under a gathering siege, in the classic Bury My Heart at Wounded Knee
“Who will try them?” Jack asked. “White men or Indians?”
“White men, of course,” Meacham admitted.
“Then will you give up the men who killed the Indian women and children on Lost River, to be tried by the Modocs?”
Meacham shook his head. “The Modoc law is dead; the white man’s law rules the country now; only one law lives at a time.”
“Will you try the men who fired on my people?” Jack continued. “By your own law?”
Meacham knew and Captain Jack knew that this could not be done. “The white man’s law rules the country,” the commissioner replied. “The Indian law is dead.”
You gotta look forward, not back.
In the Modoc camp, militants like Hooker Jim were gaining sway, and by disputing his leadership and even his manhood eventually persuaded/forced Captain Jack to ambush the U.S. general in charge during one of their interminable parleys.
Far from striking a decisive blow at the head of the enemy, this anathematized Captain Jack and triggered a massive, and this time successful, army incursion. Jack persisted on the run for a few months, but he was finally captured wih the help of Modoc turncoats — including that former radical Hooker Jim, who induced him to kill the general in the first place.
“You intend to buy your liberty and freedom by running me to earth and delivering me to the soldiers. You realize that life is sweet, but you did not think so when you forced me to promise that I would kill that man, [General] Canby … I thought we would stand side by side if we did fight, and die fighting. I see now I am the only one to forfeit … Oh, you bird-hearted men, you turned against me.”
-Jack to Hooker Jim
Captain Jack was hanged at Fort Klamath, Oregon after a perfunctory trial all in English, with no lawyer to plead the case. (The gallows was put up outside the courtroom during the trial.) The executed Modocs’ corpses were shipped back to the Smithsonian in Washington, D.C. (rumor had it that they appeared for a time as circus attractions), and only returned to the Modoc in 1984.
We’ve already met Mary’s father in these pages. The old man would outlive his child, which no parent ought to do, but he made it up to her by the way he checked out.
The two cases are closely related. The father killed one John Jacobs, a half-breed, because he had been the chief witness against his daughter. The daughter allegedly killed a “female” who had “alienated her husband’s affection.” Despite public sympathy being associated with the Indian Abram, the law was obliged to take its course. (Source)
On this date in 1915, a quintet of African Americans died in South Carolina’s electric chair during a 70-minute span.
Joe Malloy was put to death for killing two white men four years before; the other four executed on this date were convicted together of murdering 73-year-old Confederate veteran John Q. Lewis. They were John Crosby, Nelse Brice, and — our principal concern today — Thomas and Meeks Griffin.
In this case, and even though public opinion was predictably inflamed at the aged veteran, the Griffins weren’t lynched: indeed, prominent white people in the community, such as the mayor and the sheriff, rose to the Griffins’ defense to the extent of signing a petition for executive clemency. They didn’t believe then that the thief whose accusation condemned the brothers was credible.
More than likely they suspected Lewis’s 22-year-old black mistress, Anna Davis, and/or her husband — and undoubtedly, they would have known exactly why this scandalous angle was not pursued in court.
Still, South Carolina’s governor reckoned that they’d had their day in court, the victims deserved closure, and whatever other equivalents of the familiar modern-day rationales one might care to name.
Almost surely, this distant injustice would be lost to time were it not for the Griffins’ famous great-nephew, the radio host Tom Joyner.
Joyner only recently discovered (via Henry Louis Gates Jr.‘s research for a PBS documentary*) his kinship with these executed men; his grandmother had moved away to Florida to bury the family tragedy.
But the broadcaster exhumed it with gusto, and, two years ago, was able to secure a posthumous pardon from South Carolina based on the weakness of the original case. It’s thought to be the first official posthumous pardon the state has granted to any executed persons.
But we do want to extend the Palmetto State the credit due to all its sons whose signatures graced the disregarded clemency petition way back when. More than that: The State editorialized, confusedly but forcefully, against the manifest racial discrepancies in capital sentencing on the occasion of this quintuple-execution. (Oct. 1, 1915) These questions, ever present, are more sincerely grappled with in this column than we can manage today.
* You can watch the big reveal when a flabbergasted Joyner first hears about his ancestors: it’s quite a moment.
This date in 1832 was the Republic’s only execution of a female in Tyler County, West Virginia (then part of Virginia): a slave named Lucy who murdered the daughter of a neighboring family.
Detail on this case comes salvaged from the now-defunct (we think) death penalty history site Before the Needles:
Just across Middle Island from the Wells home lived a family which had a daughter named Mary Ann Fletcher.
Communication between the two homes was by canoe or johnboat and quite frequently Lucy was sent to the creek bank to set Miss Fletcher across the stream for a visit to the Wells home when they heard a halloo from the opposite shore. For some reason Lucy became intensely jealous of the attention which her master’s family lavished on the young Fletcher girl and determined to slay her.
One day after visiting the Wells home Lucy was sent with Miss Fletcher to set her across the creek and after a little longer delay than usual Lucy returned to “Stonehurst” her usual calm self, but later in the evening Mr. Fletcher came to the creek bank and hallooed across to “Stonehurst” and asked if they would send Mary Ann home immediately, as it was growing late.
Squire Wells and his family wondered what had happened, but did not think of anything wrong untill Mr. Fletcher called to them a second time. Lights were secured by both families who went to the crossing and in a short time the body of Mary Ann, drowned, was discovered.
An examination of the body disclosed the she had evidently died from foul play, because the fingers of both hands had been badly crushed and she also had bruises on her head and face. Lucy was immediately suspected and shortly confessed that she had pushed Miss Fletcher out of the boat, and when she did not readily drown, and had caught the sides of the canoe with her hands, she (Lucy) had pounded Miss Fletchers hands with the paddle, struck her over the head several times and pushed her under the surface of the stream.
Twenty years ago today, Warren McCleskey died in Georgia’s electric chair for the murder of a police officer.
Yet the “question reverberates: Did Warren McCleskey deserve the chair? For the question to outlive him is a damning commentary on capital punishment in the United States.”
The most reverberating commentary on this case was the 1987 Supreme Court decision McCleskey v. Kemp — a landmark 5-4 ruling that still shapes the way judges handle purported racial discrimination in the criminal justice system.
McCleskey (the decision, not the man) “marked the end of an era in death penalty jurisprudence … reject[ing] the last major challenge to the death penalty in America” from the generation of legal tinkering reaching back to the 1960s.
McCleskey v. Kemp was decided on April 22, 1987, at which time just 70 humans had been executed since the “modern” era of capital punishment began in the 1970s. (Today, the count is well beyond 1,200.)
The victims attributed to those 70 were 83% white (77 of 93),* even though blacks and whites are murder victims in roughly equal numbers — suggesting on its face that white victims are treated as disproportionately “valuable” by prosecutors, juries, and/or judges. This was, prospectively, the case with Warren McCleskey himself, an African American who in the course of an armed robbery had gunned down (or maybe not: see below) a white off-duty policeman.
McCleskey’s appellate team marshaled a statistical study by Iowa Prof. David Baldus indicating that black murderers (to a small extent) and killers of white victims (to a greater extent) were indeed more likely to receive a death sentence in Georgia, even when controlling for dozens of other variables. “According to this model,” wrote Justice Lewis Powell for the majority, “black defendants, such as McCleskey, who kill white victims have the greatest likelihood of receiving the death penalty.”
Though it accepted evidence of a discriminatory pattern,** the high court nevertheless ruled that McCleskey was not entitled to appellate relief unless he could demonstrate that that it was at work in his specific case.
And with some reason: the import of granting constitutional relief to a claim of “endemic racism in the system” would open a Pandora’s box of appeals from America’s burgeoning carceral state.
McCleskey’s claim, taken to its logical conclusion, throws into serious question the principles that underlie our entire criminal justice system … if we accepted McCleskey’s claim that racial bias has impermissibly tainted the capital sentencing decision, we could soon be faced with similar claims as to other types of penalty.
This reasoning too backtracked from equal protection concerns that had helped lead a similarly bare 5-4 majority to strike down then-existing capital statutes 15 years before in an appeal originating from the same state — Furman v. Georgia. That old regime had then been replaced with a death penalty system supposedly capable of minimizing arbitrariness. McCleskey served notice that justices wouldn’t be going out of their way to hunt arbitrariness any time soon.
The Court’s remaining liberal lions — it still had such a thing in 1987 — dissented furiously from McCleskey. William Brennan replied to the majority:
Warren McCleskey’s evidence confronts us with the subtle and persistent influence of the past. His message is a disturbing one to a society that has formally repudiated racism, and a frustrating one to a Nation accustomed to regarding its destiny as the product of its own will. Nonetheless, we ignore him at our peril, for we remain imprisoned by the past as long as we deny its influence in the present.
He also found “fear that recognition of McCleskey’s claim would open the door to widespread challenges … seems to suggest a fear of too much justice.”
Brennan was on the losing side of this judgment in a larger historical sense as well — at least, the brief span of history to unfold since Warren McCleskey sat in the electric chair.
McCleskey author Lewis Powell retired a few weeks after issuing it, and not long thereafter expressed regret for the McCleskey decision.‡ Relentless death penalty foes Brennan and Thurgood Marshall would hang up the spurs within a few years. (The circus Senate hearing to place Clarence Thomas in Thurgood Marshall’s seat was ongoing when Warren McCleskey finally died.)
But the deciding vote in McCleskey was cast by freshman Reagan-appointed justice Antonin Scalia, and he’s still going strong.
Scalia was then the Court’s emerging conservative paladin, though he was so new to the Court that McCleskey’s litigators hoped he might be amenable to their suit as a swing vote. Far from it: after Thurgood Marshall’s death in the early 1990s, his donated papers were found to contain a Scalia memo that rubbished the McCleskey majority’s mere consideration of the Baldus study.
I disagree with the argument that the inferences that can be drawn from the Baldus study are weakened by the fact that each jury and each trial is unique, or by the large number of variables at issue. And I do not share the view, implicit in [Powell’s draft opinion], that an effect of racial factors upon sentencing, if it could be shown by sufficiently strong statistical evidence, would require reversal.
Since it is my view that the unconscious operation of irrational sympathies and antipathies, including racial, upon jury decisions and (hence) prosecutorial [ones], is real, acknowledged by the [cases] of this court and ineradicable, I cannot honestly say that all I need is more proof.
Shorter Scalia: racism happens, so what?§ (Ultimately, Scalia opted not to file a separate opinion explicitly making this case; he just signed on to the majority opinion.)
As one might imagine, death penalty jurisprudence at One First Street NE in these latter days has become correspondingly rougher — and the problems raised by McCleskey have scarcely abated.
Although the McCleskey case is what our day’s principal is best known for, he was also caught up in one of the more everyday — but not the less disreputable — toils of the system: the phony jailhouse informant. Very late in the appeals process, McCleskey’s lawyers were finally able to show that the fellow-prisoner who testified that McCleskey admitted the shooting to him was in fact a police plant operating on a quid pro quo to reduce his own sentence. (It’s amazing how often defendants spontaneously confess to these guys; the Troy Davis case which climaxed last week also featured a jailhouse snitch.) Somehow, prosecutors forgot all along to mention that arrangement even when directly asked.
The Supremes ruled, Kafkaesquely, that this issue was procedurally out of order because McCleskey hadn’t raised it earlier, neatly ignoring that the reason he hadn’t raised it was that prosecutors were actively concealing the fact. That’s the subject of the other SCOTUS case under our man’s name, McCleskey v. Zant.
(At issue was whether McCleskey was himself the triggerman. Since he was part of the robbery gang, he was legally on the hook for capital murder whether or not he personally fired the shot; but, his death sentence turned in reality on the jury’s belief that McCleskey was the individual killer — a detail supplied by the suspect police informant. None of McCleskey’s confederates faced execution.)
The final drama this date was a “chaotic” mess of last-minute legal maneuverings, with McCleskey strapped into the chair at one point, then interrupted from his last statement to be returned to his cell, then finally hauled back to the lethal device after an early-morning telephone poll of Supreme Court justices.
* Execution demographic counts via the Death Penalty Information Center’s executions database.
** While the McCleskey court accepted Prof. Baldus’s statistical interpretations even while rejecting their constitutional import, a vigorous pro-death penalty case is made here against the reading that the modern American death penalty is racially discriminatory to any great extent.
† This Latin phrase — fiat justitia ruat caelum — is actually engraved above the sitting justices at the Georgia Supreme Court.
‡ The regret was about more than Warren McCleskey; Powell’s biographer described a complete change of heart in the June 23, 1994 New York Times:
when the retired Justice Powell said he had changed his mind about the McCleskey case, I thought he meant that he would now accept the [Baldus] statistical argument.
“No,” he replied, “I would vote the other way in any capital case … I have come to think that capital punishment should be abolished.” …
Justice Powell’s experience taught him that the death penalty cannot be decently administered. As actually enforced, capital punishment brings the law itself into disrepute.
§ See Dennis Dorin, “Far Right of the Mainstream: Racism, Rights, and Remedies from the Perspective of Justice Antonin Scalia’s McCleskey Memorandum,” Mercer Law Review, 1994.
Hard on the heels of Tupac Amaru‘s public dismembering in nearby Cuzco (present-day Peru), Julian Apasa Nina took up the name and mantle of recent Bolivian insurgent Tomas Katari.
The 
Moloise’s controversial execution occurred in the context of 
