That execution of a black slave and his white lover was exceptional — and, of course, the chronicles of the Cape are replete with less exceptional fare, the humdrum penal brutality of an 18th century colony disposed of in a sentence of two between reports of smallpox outbreaks, price fluctuations, the transit of slave ships, and all the other business of frontier life.
A slave condemned to be burnt alive for arson; another to be hanged for theft … Two white men hanged for desertion, sheep-stealing, and attempt to murder … A Javanese “Guru” sentenced to death for instigating slaves to run away, harbouring and arming them … Matthys of Ternate punished for running away and cattle theft, &c. Sentenced to be hanged … A slave hanged for breaking into the house of Lieutenant Captain Slotsboo … Five slaves sentenced to be broken, and a female slave to be scourged … Two soldiers sentenced to run the gantlope …
And so on.
This date marks a number of such executions for a minor slave revolt (incidents of slave insubordination also pepper the Colony records). At three full entries in the chronicle, 16 implicated slaves, and some spectacularly savage punishments, it must have been one of the more noteworthy of its day; what the colonial register leaves us is just enough to suggest the forgotten suffering and resistance of the half-nameless chattel of yesteryear.
1714.
January 7 — Some 16 fugitive slaves who had conspired, armed themselves, and did much mischief. They resisted the officers of justice, shot a soldier, and murdered a Hottentot woman. They were now brought up for examination.
February 7 — The sentences passed on the fugitive slaves, and the whole history of the case. “Tromp” to be empaled alive, and to remain in that position till he dies. “Cupido” to be put on a cross, his right hand to be cut off, and with “Neptunus” to be broken on the wheel, and then to be left on a hurdle until dead. “Titus” to be broken with the coup de grace. Jeroon and Thomas to be hanged; three others to be scourged and have their right heels cut off. The eleventh prisoner is merely to look on, and afterwards to be sent home; paying the costs however.
February 8 — The empaled convict found strangled in the morning. He had received some linen from a kind friend during the night for the purpose. He would otherwise have been still alive.
On this date in 1996, the executioners of Richard Townes, Jr., mucked about for 22 minutes looking for a vein before sticking the lethal injection needle into his foot. (Source)
The Vietnam veteran’s last words were murmured to the prison warden, an assertion of innocence in the execution-style murder of convenience store worker Virginia Goebel in 1985.
He didn’t have a lot of takers; even the de rigueur anti-death penalty protesters outside the prison were reportedly nowhere to be found.
Townes’s clemency push turned on a once common issue now largely passe: his trial jurors were concerned that the alternative “life” sentence might put the killer back on the street before his dotage. The panel asked the judge to clarify the matter, and in 1985, the judge wasn’t allowed to answer the question — even though the real answer was a reassuring “life means life.” In most jurisdictions, jurors are now entitled to know that information.
Once they got off the jury and found out the answer, two of Townes’s jurors regretted the death sentence sufficiently to sign affidavits opposing Townes’s execution.
“I would not have sentenced Mr. Townes to death had I known that a life sentence meant that he would have really served a life sentence and not been eligible for parole,” juror Ethel Keith said in an affidavit. “In fact, I do not believe any of the jurors would have sentenced him to die under those circumstances.” (Virginian-Pilot, Jan. 23, 1996)
Update: Embargoed as of this post’s publication, Joe Arridy’s growing ranks of supporters had submitted to Colorado Gov. Bill Ritter an application for a posthumous pardon. On January 7, 2011, Gov. Ritter granted that pardon — a fitting conclusion to a cinematically heart-rending story.
“Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution. Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.”
-Gov. Bill Ritter
On this date in 1939, Joe Arridy “walked to his death with the faith of a child” (Los Angeles times, Jan. 7, 1939) up “Woodpecker Hill” — where the victims of Canon City, Colorado’s gas chamber (since retired) were buried.
Shortly before execution, Joe Arridy gives away the toy train he received from warden Roy Best to a fellow prisoner.
A young Syrian-American with the mental age of a six-year-old riding the rails during the Depression, Arridy was picked up for a teenage girl’s rape-murder in a literal lynch-mob environment: he was nearly pulled from his cell for summary punishment.
Instead, the good citizens let justice run its course to the same conclusion.
The damnable thing — well, the other damnable thing — is that we have about as much reason to believe Joe Arridy committed the crime as we do you or I.
He was linked to the murder by nothing but an evolving series of unreliable confessions fed by the sheriff to his suggestible prisoner (and, later, a single “matched” hair with a suspicious chain of custody; matching hair without DNA is still an unreliable forensic technique today). The real murderer was even in custody, and was executed for the same crime while Joe Arridy’s appeals ran their futile course.
“Believe me when I say that if he is gassed, it will take a long time for the state of Colorado to live down the disgrace,” Arridy’s appellate lawyer pleaded to a deaf court.
This post is an edited version of Perske’s affidavit to the governor’s office in support of the pardon.
On March 28, 1992, Sociologist Richard Voorhees sent me a poem from an out-of-print book that described a warden weeping as he watched a man in a death row cell playing with a toy train before being walked to a gas chamber (“The Clinic” (.doc) by Margeurite Young in Moderate Fables, 1944).
“The man you kill tonight is six years old,
He has no idea why he dies,”
Yet he must die in the room the state has walled
Transparent to its glassy eyes.
I sent a copy of the poem to Watt Espy, Director of the Capital Punishment Archives, in Headland, AL. Espy researched and responded with information that tied the poem to the life and trials of Joe Arridy who at age 23 was executed on January 6, 1939.
During the next two years after receiving the poem, I traveled up and down the Eastern Slope of the Rocky Mountains from Cheyenne to Pueblo, and to Grand Junction on the Western Slope. News stories were discovered from the reading of old microfilm rolls in The Pueblo Chieftain, The Denver Post, The Rocky Mountain News (Denver), The Daily Sentinel (Grand Junction) and Wyoming Tribune (Cheyenne). Archivists and historians were interviewed at The Regional History Division of Western Colorado (Grand Junction), Wyoming State Archives (Cheyenne), District Archives of the Pueblo Public Library, Local History Center of the Cañon City Public Library, and the Colorado State Archives (Denver).
Joe Arridy’s Earliest Years
Joe Arridy was born to non-English speaking Syrian immigrants in Pueblo, Colorado on April 29, 1915. He attended the first grade in Bessemer Elementary School. At the beginning of his second year, the principal called on the Arridy family and told them that their son could not learn and asked them to keep him at home. The parents reported that for the next four years, Joe stayed around the house. He was a passive but happy child. According to his parents he was the happiest when he was alone playing all by himself. His favorite pastime was making mud pies.
Intelligence Testing and Institutionalization
At age 10, Joe was committed to the Colorado State Home and Training School for Mental Defectives, in Grand Junction. He was administered the Binet-Simon Test. The results showed that he was unable to repeat four digits (4-3-7-9). When shown the color red, he said it was black and that green was blue. He usually spoke in incompete two or three word sentences. As the questions became harder to answer, he remained silent. The examiner listed him as “an imbecile with an IQ of 46.” Later his institutional records showed no critical incident reports. For the most part he was a shy and quiet loner.
Nine months later, Joe’s father missed his son. He asked for his son to be returned home. The request was granted. Upon his return, he tended to take lonely walks all over town. These walks continued for three years.
At age 14, the walks came to an end when a probation officer caught a gang of boys performing sexual acts on him. The officer wrote an angry letter to the court, labeling Joe as “one of the worst mental defective cases that I have ever seen.” The court ordered his immediate return to the institution in Grand Junction.
During the next seven years at the institution, his records show that he was incapable of working on the farm crews or sitting in classrooms. Therefore, he was given a “day activity,” working side by side with a kindly kitchen worker, “Mrs. Bowers.” The worker reported that Joe was only capable of “Tasks of not too long duration, can wash dishes, do mopping of floors, can do small chores and errands. He depends on others for leadership and suggestions.”
Railroad Boxcar Riding
At age 22, he and a few other inmates watched men riding on top of railroad boxcars that passed the institution. So together they wandered off the institution grounds and also jumped on boxcars. They took the 24-hour ride through the mountains to Pueblo. Later they took the trip back. Joe was last seen in Grand Junction on the evening of August 13, 1936. He was believed to have jumped onto a boxcar either that night or on the next morning.
After that, Arridy disappeared from sight until he walked up to the kitchen car of a railroad work gang on August 20, in the East Railroad Yards of Cheyenne, Wyoming, dirty and hungry.
Rape and Murder in Pueblo
On Saturday evening, August 15, 1936, slightly before or after midnight, Dorothy Drain, 15, and Barbara Drain, 12, were bludgeoned about their heads while sleeping together in the same bed, at 1536 Stone Avenue in Pueblo. Dorothy was raped and beaten to death. Barbara was near death, but survived. Later, she identified Frank Aguilar as the attacker at his trial. She was not present at Joe Arridy’s trial. She did not even identify Joe Arridy as a co-attacker.
Sheriff Gets a Confession from Arridy Even Though the Real Killer is Already in Custody
On August 26, 1936, Joe Arridy was arrested by two railroad detectives and turned over to Sheriff George Carroll. Carroll, like all law officers in all of the towns up and down Colorado’s Eastern Slope, was actively picking up suspects and interrogating them regarding the attacks on the Drain girls in Pueblo.
After an hour and a half of questioning, Carroll called a reporter and told him that he had just received a complete confession for the Pueblo crime from Arridy. He recited to at least one reporter a long series of wordy, complete sentences that Arridy purportedly uttered. According to Carroll, Arridy was the lone killer and he committed the crime with a club.
At first, when Pueblo Police Chief J. Arthur Grady received news of the confession, he was shocked. The real killer, Frank Aguilar, a former WPA worker who had been supervised by the Drain girls’ father, had already been arrested for the crime.
Aguilar had been arrested during the funeral of Dorothy Drain. The Pueblo police had even recovered the weapon used in the crime. It was the head of a hatchet with nicks that matched the wounds on the girls. The Pueblo police kept all this evidence in silence because Aguilar vehemently denied committing the crime.
Following that, Sheriff Carroll changed his story. After conducting another interrogation, he then reported to the press that a hatchet—not a club—was used in the crime. He also claimed that Arridy did not do the crime alone. According to Carroll, Arridy said he did it “with Frank.”
Sheriff Carroll was a famous but loquacious individual who was known to talk long and loud about being in the posse that finally caught up with and finished off the notorious Barker gang.
Now with his regular announcements to the press he remained at his long-worded best. Carroll had been so totally verbal in his interrogations of Arridy, nothing was written down on paper. Nor was any confession signed. Consequently the confessions and changes in them were dictated daily to reporters.
Later, in the trial of Arridy, Sheriff Carroll became the star of the case. He spoke in his heroic, over-wordy style. According to the press, he did not speak from a single note. He simply testified from memory.
Frank Aguilar is Quickly Convicted
Aguilar’s trial came quickly, starting on December 15, exactly four months after the crime. It ended seven days later. His executed came quickly, too: on August 15, 1937, just two days short of the anniversary of Dorothy Drain’s murder.
Aguilar Identified as Lone Murderer in an Identical Crime in the Same Neighborhood
After the death sentence, Aguilar was brought face to face with Mrs. R. O. McMurtree, 58, who identified Aguilar as the lone attacker in a similar crime that happened two weeks earlier and just three blocks away from the Drain crime. She and her aunt, Sally Crumply, 72, were sleeping in the same bed when Aguilar attacked. He beat them on the heads as he had done in the Drain home. Like Dorothy Drain, Sally Crumply was bludgeoned to death.
Sheriff Carroll Assumes Leadership in all Aspects of the Arridy Investigation
After announcing Arridy’s first confessions to reporters and Chief Grady, two Pueblo detectives sped through the night to Cheyenne. The next morning, they joined in an added interrogation with Carroll leading it. Then they drove back to Pueblo.
Later that day, Carroll drove Arridy to Pueblo. He was present at the Pueblo Police Station when Arridy and Augilar may have been brought together. He took leadership when Arridy was taken to the Drain home and the crime was reenacted. He was present at the prison in Cañon City when Aguilar gave a signed confession that marginally included Arridy’s initials in a lower left column. That confession was printed in its entirety in the Pueblo Chieftain but was withdrawn and was never heard in a court.
Sheriff Carroll Became Chief Presenter of Evidence Against Arridy
During the prosecutor’s evidentiary presentations, Sheriff Carroll took the stand five different times. The transcript shows how Carroll was allowed to launch forth as a riveting story teller. He testified that Arridy was in complete control of his thoughts, and speaking in clear sentences that described the colors on the walls in the bedroom and the colors of nightgowns that the girls wore, and even the colors of the dresses the girls would be wearing when they went to the Sunday church services.
The Joe Arridy that Carroll described was a far cry from the Arridy who often spoke in unfinished sentences and did not know who Franklin Delano Roosevelt was. Nor did he know what a hatchet was or that his own father was present in the courtroom.
The Defense Loses in a Sanity Hearing, and Eschews an Evidentiary Defense
The defense argued at a pre-trial sanity hearing that Arridy was “Not Guilty by Reason of Insanity”. The question before the court: “Does Joe Arridy have the capacity to tell good from evil and right from wrong?” If not, he should be found to be insane and not guilty. Three psychiatrists testified that Arridy did not know right from wrong, but they hedged by saying that he was not insane. According to them, one needed to be normal first before ever being insane, and they claimed that Arridy had never been normal.
The jury deadlocked at six to six, but an hour later, voted that Arridy would have to go on trial for murder.
As strange as it may seem today, the defense attorney had conducted no investigation in the case. At the beginning of the trial he announced that he would not present an evidentiary defense and would only cross-examine witnesses for the prosecution.
He then requested that the judge set aside the earlier sanity trial verdict and that he be given permission to argue a sanity case one more time. He furthermore requested permission to make his opening argument only after the prosecution had completed with its evidentiary case. The judge agreed to all of these conditions.
The same three psychiatrists (joined by a fourth) gave the same testimony once again.
But Sheriff Carroll voiced his views unchallenged. After touting his 30 years of experience and claiming that he interrogated Arridy for “six or seven hours,” the prosecutor asked him, “Based on your experience [is] Joe Arridy capable of distinquishing right and wrong?” Carroll responded, “I think there is no doubt, whatever, but what he is”.
A verdict of “guilty” was rendered on April 17, 1937, and Arridy was sentenced to death.
On August 13, 1937, Frank Aguilar was executed, and on the same day, Sheriff Carroll and two railroad detectives received a $1000 reward for making the arrest of Joe Arridy in Cheyenne.
For a year and a half, a pro bono “Citizen Lawyer” Gail Ireland fought valiantly to save the life of Joe Arridy. During that period, Ireland managed to win at least six stays.
On January 6, 1939 at 6:15 p.m., the Colorado Supreme Court voted 4-3 to deny the last petition. Governor Teller Ammons called the warden at 6:30 p.m. and ordered that the execution be carried out.
The chaplain administered the Roman Catholic Church’s “Last Rites for a Child.” It called for the Chaplain to recite each phrase of “The Lord’s Prayer,” one at a time with Arridy repeating it, all the way to the “Amen.”
Joe Arridy’s rusty motorcycle plate served as his grave marker for 71 years, until it was replaced with a headstone reading Here Lies an Innocent Man
This volume by Perske addresses the criminal justice system’s (mis)handling of the developmentally disabled. He’s written a number of other books, fiction and nonfiction, humanizing this.
Robert Perske also graciously agreed to address a few additional questions that we had for him.
ET: How did you come to this case?
RP: It’s almost a magical thing to me. Back in 1991, I got a poem from a valued colleague of mine who is a professor, a sociologist. He was digging through some old books in Greenwich Village, and he found a poem about a warden weeping before the pellets were dropped and all of that, and how the warden cried, and how he complained about how this man playing with a toy train would die.
And I got ahold of it and went down to my buddy Watt Espy [of the Espy file -ed.], and he found it. He really dug for me, what a guy, and he found it and I headed for Pueblo and dug and dug and dug from 1991 to 1995.
What motivated me was that after coming out of World War II, I went to school and became a chaplain at an institution for mentally disabled people in Kansas. I worked my ass off to be a good pastor to them, and so when I found this much, I really started digging.
Did they lead him into the confession?
Oh, yes. He was arrested in the railyard by Sheriff George Carroll. And Carroll was a swashbuckler. He was a hero, and he was a mouthy sonofagun, and he pretty well set up the case.
As soon as he got the so-called confession, he [Carroll] didn’t call the police chief first — he called the press. He said he had the guy who did it.
But they already had the guy in Pueblo, Frank Aguilar.
Was there outright misconduct by the investigators here? Did they realize, or should they have, that they might be railroading someone?
Here’s the deal. People with so-called mental retardation were seen as nobodies in those days. They didn’t have community services, so they all went like Joe, to the institution.
In the year I was born, 1927, Oliver Wendell Holmes issued his ruling that all such people could be sterilized.
Carroll knew he had somebody like that in Joe. There was a lynch mob starting to form in Pueblo, because this head of the WPA was a good solid citizen, and when his daughters were hit, and one killed and raped, there was a lot of hiding of people.
I’ve known a lot of Joes. And he’s lovable, and he’s trusting, and he’s naive, and he’s concrete-thinking, so half of the things he says, he doesn’t really understand. But on the other hand, very dependable, and very lovable. Nobody in Pueblo saw that, but [Warden Roy] Best picked it up, and then the inmates in prison picked it up too.
In their hearts of hearts, yeah, they knew. But they figured he wasn’t worth anything. He was retarded, mentally defective was the word they used. They knew they had the real killer, but they go back and get Joe to amend the confession and now he was there “with Frank”.
If you’ve got a serious mental limitation and you’re facing a capital charge in the criminal justice system today, what’s going to happen to you?
In the year 2002, Atkins v. Virginia, they banned the death penalty in those cases. And they played around with the IQ number, but in some states they’re going farther than that because you have all kinds of other disabilities. I’d say by and large, except for Texas, people are looking at these people — not more kindly, but not looking at them as people who should be executed.
If we would have had that for Joe, he would not have been executed.
Can you give us a lay definition of developmental disability?
The most prominent one I’ve seen when I worked in the institution, and yet today when I work the streets and agencies and group homes and that sort of thing, is the inability to abstract from concrete things. For example, I’ve had guys say to me, I’d say, “why did you waive the right?” and they say, “you’ve got to waive it the right, you can’t waive it the wrong.”
Barry Fairchild, down in Arkansas — Barry thought that the reading of the rights was some kind of opening prayer.
These people survive on the basis of having abstract thinkers as their friends and protectors, so consequently guys like Richard LaPointe had cops as their friends, because they leaned on authority figures. And of course the police department are committed to secure the safety of the neighborhood, but then if there’s a terrible murder and somebody starts to blame them, they’re going to cooperate with that.
I’ve got one where, on a tape recorder, they’re saying, “if you tell us, we’ll all go home”. So that’s concrete thinking that my guys usually have.
Richard Lapointe is still in prison, not on death row. He has hydrocephalus, it’s called Dandy-Walker syndrome, so he’s a guy with all kinds of disabilities. He’s not athletic at all and gets dizzy when he stands up or stops suddenly, and yet they got him to confess to a highly athletic murder of a woman with multiple violent stab wounds and moving the body.
“Death, administered in the law’s deliberate way, exacted a three-fold toll in the District [of Columbia]’s electric chair” on this date in 1946, announced the next day’s Washington Post.*
It was as many people as the nation’s capital had put to death in the previous four years combined. The clientele: three unconnected men, condemned for unconnected murders.
“Joseph Dunbar Medley, suave slayer of a Washington divorcee,” was the most (in)famous of the three. “The debonair man who blazed a trail of crime from the Middle West” had that April made a daring escape from District Jail — which was rather renowned for its escapability, but still, this was a guy on death row, and who was only a few weeks from his then-scheduled electrocution.
Medley and another condemned man, Earl McFarland, charmed their way into their guards’ confidence. During a card game played in one of the guards’ rooms, they imprisoned their jailers, nicked their clothes, and cut their way into a ventilation shaft and out to the roof.
Medley himself was captured hours later hiding in a sewer pipe on the Anacostia River, pithily remarking to reporters, “You can’t blame a guy for trying, and I’m going to try again.” (Chicago Tribune, April 4, 1946) If he did try again, he didn’t make it.
But the bloodhounds couldn’t pick up McFarland, whose manhunt made nationwide headlines for more than a week until he was finally tracked down in Knoxville, Tenn. (He was executed solo in July.)
While [Medley] waited [for three hours of last-second appeals to clear], the chair claimed two other slayers, both Negroes.
William Copeland, 38-year-old slayer of his sister-in-law, Mrs. Dora Johnson, walked into the chamber, jauntily smoking a cigar which he clenched in his teeth while he smiled. He helped guards adjust the straps and the leather face mask smothered his last smile …
Second to die was Julius Fisher, 32, convicted of beating to death Miss Catherine Reardon, librarian at the Washington Cathedral … bludgeoned to death with a piece of firewood and her body hidden in a sub-basement crypt. He strangled and struck her after she had complained about the way he had cleaned under her desk.
* Charles J. Yarbrough, “Death Hour Delayed by Futile Court Maneuver,” The Washington Post, Dec 21, 1946.
On this date in 1965, 24 Burundians were shot following mass trials in the stormy aftermath of an attempted coup.
Burundi met post-colonial independence deprived by an assassin’s bullet of the popular, unifying figure who might have kept ethnic conflict under control, and many years of living dangerously ensued as Hutu and Tutsi grappled for power.
On October 18, 1965, a group of Hutu officers attempted a coup d’etat against Burundi’s monarchy — and failed.
the events of October 1965 carried momentous consequences. The mutineers took a huge gamble and lost … power became the exclusive monopoly of Tutsi elements.
… In the capital, virtually every Hutu leader was apprehended.
While the putschists were unsurprisingly executed, the Tutsi-authored backlash cast a much wider net, ultimately claiming up to 5,000 lives. (It was only a dress rehearsal for a similar scenario — Hutu rebellion triggering massive Tutsi crackdown — that resulted in a full-on genocide in 1972.)
Various executions peppered the weeks after the intended coup; this date’s was one of the last of the particularly noteworthy. The New York Times (Dec. 21, 1965) described those “executed in the Central African kingdom Wednesday after mass trials” as “Joseph Bamina,* a former Burundi Premier … [and] 23 others included two prominent political leaders.”
Burundi did not live happily ever after.
* Lamarchand calls Bamina one of the “hard-core Hutu opposition.”
On this date in 1977, Black Berets Larry Tacklyn and Erskine “Buck” Burrows were hanged in Bermuda for assassinating the islands’ police chief and governor.
“During the 1970s, a black power organization in Bermuda conspired to bring about social change ‘by any means necessary,’ including assassination. This is the first full account of the murders and the Black Beret Cadre, the revolutionary group whose activities resulted in mayhem throughout the island.”
–Book’s advance publicity
was ‘freedom by any means necessary’ which included assassination. Taking their cue from the Black Panthers, whose primary aim was to bait the ‘racist cops’, the Black Berets exhorted its members and all Bermudian youth to confront the ‘English racist police’ as frequently as possible and prepare for the coming conflict between blacks and whites …
Its purpose was to indoctrinate young black Bermudians in communist revolution and the ideology of Black Power.
Cadres Tacklyn and Burrows were one part liberators of their oppressed brothers, one part common criminals.
In 1972, they gunned down white police commissioner (a veteran of Britain’s colonies) George Duckett; in 1973, they ambushed governor (and former Tory M.P.) Richard Sharples and slew him, along with his aide-de-camp.
Neither perp was apprehended, which meant they went on to kill a couple of supermarket executives before someone I.D.’d Tacklyn. Burrows stayed on the lam long enough to rob a bank of $28,000.
The trials were a sensation — apt for the involvement of sensational Bermudian lawyer and politician Julian Hall — with Burrows convicted all around. He openly avowed the political murders.
Erskine Burrows
The motive for killing the Governor (his ADC was not our objective, he was shot only because he happened to be with the Governor at the time) was to seek to make the people, black people in particular, become aware of the evilness and wickedness of the colonialist system in the Island of Bermuda.
Secondly, the motive was to show that these colonialists were just ordinary people like ourselves who eat, sleep and die just like anybody else and that we need not stand in fear or awe of them.
Finally, the motive was to reveal to black people unto themselves.
This refers to the revealed reactions of many black people during the Governor’s funeral, when black people were seen to be standing with tears in their eyes, crying for a man who when he was alive didn’t care if they lived or died and here they were crying for a white Governor and yet when many of their own people pass away there is sometimes hardly a tear shed for them.
This shows clearly the evil effects that the colonialist propaganda has had over the long years they have ruled over this little Island.
Tacklyn managed to win acquittals over Duckett and Sharples but was condemned for killing the grocers. With “only” the two murder raps, Tacklyn’s appeals against execution might have stood a chance in other circumstances. But his affiliation with Burrows, who so openly avowed the other crimes and declined to mitigate them in court, “hung like an albatross around Tacklyn’s neck.”
That wasn’t the only thing that was hanging.
Massive riots rocked Bermuda after it became known that eleventh-hour clemency bids were rejected; “Fires erupted across Bermuda,” Reuters report, “causing millions of dollars in damage as a dusk-to-dawn curfew failed to halt the racial violence.” (Per Chicago Tribune, Dec. 3, 1977) British troops were deployed to help quell the riots.
Tacklyn and Burrows were the first people executed in Bermuda in 34 years, and remain the last executed there to this date.
Because all Britain’s overseas territories in the Caribbean subsequently abolished the death penalty (Bermuda in a contentious 1999 parliamentary dispute decided by a single tiebreaking vote), Tacklyn and Burrows also hold the distinction of being the last people put to death anywhere under British law. (As distinct from the last executed in Britain.)
On this date in 1957, Lithuanian anti-Soviet partisan Adolfas Ramanauskas-Vanagas (Lithuanian link) was shot in Vilnius.
Ramanauskas-Vargas himself was born in the U.S., but his Lithuanian family soon returned to the motherland, where Adolfas grew up and supposedly just taught seminary during the war years. (Code for, he collaborated in the Holocaust.)
Bands of anti-Soviet partisans formed in these anti-Soviet states, as elsewhere in Eastern Europe — the evocatively named Forest Brothers. Ramanauskas-Vanagas joined up.
Absent western support which was not forthcoming, these nationalist guerrillas were overmatched against the Red Army — but the movements held out in their secret wilderness fastnesses for years, and in the case of at least a few intransigent individuals, decades.
Ramanauskas-Vanagas, the South Lithuania commander, wasn’t captured until late in 1956. He enjoyed the customary favors of his KGB captors, and after torture, the Lithuanian SSR Supreme Court sentenced him to execution. (His wife got a trip to the gulag.)
The decade following establishment of the “permanent Indian frontier” was a bad time for the eastern tribes. The great Cherokee nation had survived more than a hundred years of the white man’s wars, diseases, and whiskey, but now it was to be blotted out. Because the Cherokees numbered several thousands, their removal to the West was planned to be in gradual stages, but discovery of Appalachian gold within their territory brought on a clamor for their immediate wholesale exodus. During the autumn of 1838, General Winfield Scott‘s soldiers rounded them up and concentrated them into camps. (A few hundred escaped to the Smoky Mountains and many years later were given a small reservation in North Carolina.) From the prison camps they were started westward to Indian Territory. On the long winter trek, one of every four Cherokees died from cold, hunger, or disease. They called the march their “trail of tears.”
This date in 2010 happens to be Thanksgiving in the United States.
Dating to the Civil War in its modern incarnation, its ancestral event is the “first thanksgiving” wherein European colonists* chowed down with the Wampanoags who had saved them from starvation in New England.
This moment of apparent amity obviously also presages the near-annihilation of native peoples by those European colonists over the succeeding centuries; even in 1621, the seeds of future conflict were at hand. By the very next year, Wampanoag chief Massasoit would demand the execution of legendary Pilgrim-befriender Tisquantum (Squanto).
So it’s also fitting to remember that this day in 1838** was the execution of Tsali, the hero of those escaped North Carolina Cherokee whom Brown mentions — a man tied to a tree and shot this date by the U.S. Army for resisting “Indian removal”.
While assimilated Cherokees like Chief John Ross were themselves right in the thick of the debate about deportation, Tsali was a traditionalist farmer in North Carolina who had little contact with such sketchy political machinations.
When Washington’s ethnic cleansing policy shed its diplomatic cover for naked force, Tsali and his family killed some of the soldiers sent to capture them for removal.** General Scott was not amused.
The individuals guilty of this unprovoked outrage must be shot down; & there is another object demanding equal & immediate attention, viz: –the protection of the white families, residing in that region, who are, doubtless, much alarmed (& may be in great danger) at the most unexpected spirit of hostility evinced by the fugitive Indians about them by the murders in question.†
And, of course, they were. Tsali is said to die in that fearlessness of the noble savage, a fitting aspect for any martyr at the last.
I have a little boy…If he is not dead, tell him the last words of his father were that he must never go beyond the Father of Waters, but die in the land of his birth. It is sweet to die in one’s native land and be buried by the margins of one’s native stream.
It’s one of those ironies of empire (not unlike Thanksgiving Day itself) that Tsali’s dying wish was made possible by the very fact that other Cherokees collaborated in his death. Or at least, that’s how Tsali came to be remembered.
Other Cherokee with farms outside the boundaries of the formal Cherokee nation were then maneuvering to avoid the effects of the removal treaty — which by its own letter ought not apply to other Cherokee. William Holland Thomas, the remarkable Caucasian-born orphan adopted by the chief of these Cherokee, Dancing Bear, cut a deal with General Scott:
if [Dancing Bear’s Cherokee] would seize Charley [Tsali] and the others who had been concerned in the attack upon the soldiers and surrender them for punishment, the pursuit [for other Cherokee in the Great Smokies] would be called off and the fugitives allowed to stay unmolested … he could secure respite for his sorely pressed followers, with the ultimate hope that they might be allowed to remain in their own country …
It was known that Charley and his party were in hiding in a cave of the Great Smokies, at the head of Deep creek, but it was not thought likely that he could be taken without bloodshed and a further delay which might prejudice the whole undertaking. Thomas determined to go to him and try to persuade him to come in and surrender. Declining Scott’s offer of an escort, he went alone to the cave, and, getting between the Indians and their guns as they were sitting around the fire near the entrance, he walked up to Charley and announced his message. The old man listened in silence and then said simply, “I will come in. I don’t want to be hunted down by my own people.” They came in voluntarily and were shot … one only, a mere boy, being spared on account of his youth.†
Scott honored the deal, goes the story, and those un-removed Cherokee indeed persisted in North Carolina. Whether due to Tsali’s sacrifice or not, they remain there to this day: the Eastern Band of Cherokee Indians, headquartered in Cherokee, N.C.
On November 25, 1838, Tsali was executed … They were ordered to kill him so they could stay in North Carolina. Tsali was killed. We are still here. Tsali is a Cherokee hero.
-Resolution of the Cherokee Tribal Council (Source)
** Or at least, the most widely reported date. The sourcing is slightly inconsistent and ambiguous as to whether all the family turned itself in and was shot together, or whether Tsali’s three kinsmen were executed on a previous date with Tsali shot on this date.
† As cited by Paul Kutsche, “The Tsali Legend: Culture Heroes and Historiography,” Ethnohistory, Vol. 10, No. 4 (Autumn, 1963)
‡ These Cherokee would form a legion in the Confederate army which actually had the distinction — under then-Colonel William Thomas — of firing the last shots in the Civil War east of the Mississippi.
§ John Finger’s sacred cow-slaying take on the evolution of the Tsali legend in The Eastern Band of Cherokees: 1819-1900 is that only the family turned in voluntarily, but the army left Tsali alone once the younger men were killed, and the old man was mopped up (involuntarily) by the Cherokee themselves: “there was no noble sacrifice … [and] the capture and execution of Tsali little affected the right of the Qualla Cherokees to remain in North Carolina.”
It was a conflict uniquely suited for dividingcomrades; little wonder that it also divided comrades in arms.
Having lately bled for His Majesty in the War to End All Wars, plenty of Irish enlistees were nonplussed to see troops deployed to their own neighborhoods, Black and Tans shooting up their friends and family.*
From June 1920, a number of Irish Connaught Rangers “grounded arms” for their brethren in Eire, refusing to serve Britain while British troops occupied Ireland. One thing led to another, and a group (led by Daly, and his brother William) ended up trying to rush an armory to recover its weapons, opposed by other Rangers who remained loyal to the crown.
Fourteen death sentences were handed down for this show of indiscipline, but Daly’s was the only one actually carried out. The Rangers were disbanded two years later with the formation of the Irish Free State. And everyone lived happily ever after.
* Connaught Rangers had been used (without incident) to suppress the Easter Rising in 1916.
On October 22, 1895, Cree warrior Almighty Voice was arrested for the considerable crime of killing a cow without the right permit. When a white guard japed that workmen were “erecting a scaffold from which you will be hanged next morning” — actually, they were putting up a building — it set off one of the longest and bloodiest manhunts in Saskatchewan history.
Almighty Voice took the prospect of having his neck stretched this date seriously enough to break out of prison the night of October 22-23.
A week later, a Mountie tried to arrest Almighty Voice and was shot dead for his trouble. From a spurious criminal complaint that likely would not have been pursued, the specter of the gallows had sent Almighty Voice into wanted-outlaw status.
For a year and a half he mostly avoided detection, and if the other Cree on his reservation had knowledge of his whereabouts, the government’s $500 reward was not enough to induce them to supply it.
In May 1897, Almighty Voice and two fellow-travelers were finally caught in a shootout. The Cree did just fine in this exchange, but two more Mounties and (for some reason) a postmaster were not so lucky.
The next day, the Mounties turned cannon on the Indians’ position, finally killing the three of them in the bombardment — or else inducing them to kill themselves.
Nineteen months on, seven men were dead on account of our guard’s ill-chosen bit of gallows “humor.” Hardy-har-har. But Almighty Voice remains a legendary name in Saskatchewan.
Almighty Voice took the prospect of having his neck stretched this date seriously enough to break out of prison the night of October 22-23.