1880: A day in the death penalty around the U.S.

A half-dozen murderers hanged in five different U.S. states on this date in 1880.


Cincinnati Commercial Tribune, July 10, 1880. We make the count six, not four.

George Allen Price (Pennsylvania)


Harrisburg (Penn.) Patriot, July 10, 1880.

George Sanford and Richard McKee (Arkansas)


Columbus (Ga.) Daily Enquirer, July 13, 1880.

Alexander Howard (North Carolina), Daniel Washington (South Carolina), and Henry Ryan (Georgia)

(Note: Henry Ryan’s execution is missing from the Espy File of U.S. executions.)

On this day..

1941: 3,500 Jews at the Khotyn Fortress … but not Adolph Sternschuss

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

On July 4, 1941, a thirteen-year-old Jewish boy named Ephraim Sternschuss began his diary in the Nazi-occupied Zloczow, Poland, with these lines:

Mother knows nothing about Father’s murder. I won’t be the one to tell. But I have to express what I’m feeling … I’ll write down all the details so when I’m old I’ll remember my youth and this World War, even though I’m not sure I’ll live through it.

I’m writing while lying on my back. I can’t move my legs. Mother says I’m in shock. Maybe I am. Maybe I’m so anxious because I can’t tell her about Father, who was drafted yesterday into forced labor and Mother still believes he’s alive.

The eastern Polish town of Zloczow had been annexed by the Soviet Union after the partition of Poland with the Molotov-Ribbentrop Pact in 1939. Zloczow‘s Jews, who at 14,000 people constituted about half of the population, lived in relative safety until the summer of 1941, when the Nazis invaded the Soviet Union.

They arrived in Zloczow on July 2. With the help of enthusiastic local Polish and Ukrainian collaborators, the SS rounded up 3,500 Jews, among them Adolph Sternschuss, Ephraim’s father. The victims were told they would be sent to forced labor — excavating mass graves of Soviet victims, digging anti-tank ditches, and such.

They were, in fact, digging their own graves.

Ephraim described his father’s departure thusly:

Father was taken at 10:00 a.m. An evening earlier Mrs. Reichard came by and told us that at a local Ukrainian meeting, it was decided to carry out an anti-Jewish pogrom the very next day. Unfortunately, Father didn’t believe her because she was such a gossip. Father was sitting in the kitchen when two Ukrainians came in, Warwara from our street and Bojko a tailor …

They told Father to get ready for work. Father changed into an old suit, emptied his pockets of everything except a penknife, a handkerchief and a Soviet ID. They said to give Father bread because “he would return only at two in the afternoon and he’d get hungry until then.” (My god, what hypocrisy!) Mother made two sandwiches with sausage. They also told him to bring a shovel and he kissed Mother and me and went away.

Adolph did not return at two o’clock, and at four that afternoon, Ephraim and his mother, Anna, heard the sound of distant gunfire coming from the Khotyn Fortress. A neighbor came by and told Ephraim there had been a mass shooting (the perpetrators were members of Einsatzgruppe C) and “all the men were killed.”


Khotyn Fortress. (cc) image from Andriy Baranskyy.

Ephraim assumed his father must be dead. He started his diary because he couldn’t bear to speak the dreadful fact aloud, but had to confide in somebody, if only an old school notebook.

What he didn’t know was that Adolph Sternschuss had, in fact, miraculously survived the shooting. The happy news was delivered to Ephraim’s family on July 5: Adolph was alive and hiding with friends of the family.

Around four o’clock the mother of Mrs. Kitai, Mother’s friend, came in and said that Father was alive and staying with them. Hurray! I went wild, jumping, laughing, everything. Mother gave her clean underwear for Father and asked her to tell him to stay there, not to come home, until the situation improved. Mother went out to tell Mrs. Reichard the news, and about an hour later the door opened and Father came in.

I’ll never forget the sight. His black suit was gray with dirt and dust, on his head he wore some wrinkled hat … He held the package of underwear Mother sent him and a small army shovel. When he entered I jumped out of bed and screamed “Mummy!” and ran to him. I kissed him although he was terribly stinking, like a corpse — and he started crying. It was the first time I saw Father cry.

Together with Mrs. Beer we pulled a sofa into the other room and hid the door behind a mirrored chest. We helped Father remove his clothes and then we saw what the Ukrainians were capable of. His whole back was beaten to a black pulp and swollen and he had a hideous bruise on his head.

We washed him and then he ate something and then we put him to bed and he fell asleep. He didn’t say a word.

Over the next few days, Adolph described his ordeal and his incredible survival to his only child, who wrote it all down in detail in his diary. Adolph’s story, as told to Ephraim, is worth quoting almost in full:

At noon I brought him a meal and he told me what he had gone through. I didn’t recognize his monotonous tone, but there, in the darkness of the basement, I sensed that he was reliving his ordeal. Well, in the beginning he worked near the Fortress, burying cadavers of horses.

Then he was transferred to the Fortress itself. At the entrance he was ordered to show his papers, but he lied, claiming he had none. “A man is only an addition to his identity card,” he said as if he were the father I knew.

They worked in two places: the inner court of the prison and the garden. They had to dig up mass graves of corpses killed by the NKVD — Ukrainians and Poles (and some Jews like Dr. Grosskopf and his son-in-law). The bodies were laid out in rows to be identified.

On that occasion, the Ukrainians beat the Jews, accusing them of committing these murders. Naturally, the Germans and the S.S. troops joined in, beating the Jews mercilessly. Father was followed by a short, white-haired butcher who hit him with a stout stick he had pulled out of the fence, and by a tall, blond S.S. soldier who used a coiled rope.

At noon two officers came up to Father and asked his profession. He answered, “Lawyer.” Probably they could tell from his accent that he had studied in Vienna,* but they asked him anyway. When he confirmed it, one of the Germans asked, “You aren’t Jewish, are you?” and Father said he was, and the German, furious, said, “Then I can’t do anything for you,” and the two of them stormed off.

Shortly after, the shooting began …

Around three o’clock they shot Father, but as he happened to already be in the ditch, all four bullets hit the pile of dirt, and Father fell down and pretended to be dead. An hour later it started raining and that’s what saved him: the Ukrainians and Germans were forced to stop shooting and shelter themselves under the roof.

At 9 p.m. sharp Kuba Schnapp and Freimann pulled Father out of the ditch and all three made their escape. Father practically had to be dragged away because both of them, and two corpses, were lying on his left leg. “After playing Indians,” said Father and it seemed to be that he smiled, they slipped through a hole in the fence and parted ways.

Father wanted to enter Winczura’s house but was refused. He then moved on to Barabasz and there, in the attic, were about thirty people. The next day he was forced to leave because of the terrible conditions. He moved over to a client of his, Mrs. Lewant, and stayed in the attic with the Kitai family. From there he returned home.

“One thing is etched in my memory forever,” he said. “I never imagined that Jews could die like that. They were like Romans. Proud, erect, silent. Thus they were killed.”

Seventy years later, one “old, toothless” witness, one of the fifteen remaining Jews still living in the area, recalled the massacre: “The earth shifted for days. They couldn’t bury them fast enough.”

Unfortunately, Adolph didn’t live long after he crawled out from under those corpses in the mass grave. He was not young, and his health was ruined by his horrific experience. Just a few days before Christmas, he died in his bed after a series of heart attacks.

On December 29 that year, Ephraim wrote mournfully,

Only those who have lost their fathers will understand me — and regrettably there are so many now. Dr. Hreczanik was right when he said to Mother, “your husband was killed at the Fortress.”

This first mass killing in Zloczow was followed by others. In late August 1942, the Germans rounded up 2,700 Jews and deported them to the Belzec Extermination Camp. In early November, a further 2,500 people were taken away.

A month later, a ghetto was established for between 7,500 and 9,000 people from Zloczow as well as the remnants of several nearby Jewish communities. Rather than go into the ghetto, Ephraim and his mother went into hiding, concealed outside the village of Jelechowice by sympathetic Ukrainian Catholic farmers: Grzegorz “Hryc” Tyz, his wife Maria “Misia” Koreniuk, and Helena Skrzeszewska.

The Sternschusses made the right choice: in April 1943 the Zloczow Ghetto was liquidated and all the survivors were shot and buried in mass graves.

Ephraim and Anna Sternschuss remained hidden on the rural farm for the rest of the war. When it was safe they just stayed inside the house; when there was danger they hid “downstairs” under the floor, “in a grave-like pit, narrow and long.” He kept writing in his diary:

We walk about the house without any inhibition, trusting Rex to faithfully do his duty. He barks differently at anyone so we can know in advance whether he’s a friend or a foe. In any case, whenever we hear him, Mother and I enter our room, shut the door and Misia, if the visitor is a stranger, sings “Chiming of Bells in the Dusk.” Then we sit quietly, almost without breathing, waiting for the visit to end. Nobody must know about our existence here.

The Sternschuss family’s hosts refused to accept any payment for their stay, but Ephraim and his mother did have to chip in to cover the cost of their food. Over time, others joined them: Ephraim’s aunt and uncle, Lipa and Linka Tennenbaum; the Tennenbaums’ daughters, Eda and Selma; the five members of the Parille family; and Edzia Weinstock and her daughter Eva.

Thus, the farm became a sanctuary for eleven Jews, plus the three hosts — all living on a small farm with a three-room farmhouse, a shed, an outhouse, and an uncertain grant of borrowed time. Ephraim occupied himself writing in his diary, drawing, and reading. Misia Koreniuk, one of his hosts, was a teacher, and she freely shared her “huge chest of books and magazines” with him. Ephraim even began teaching himself algebra and geometry.

It wasn’t all a nightmare. There was, for example, an amusing incident in February 1943 where they got the farm animals drunk on moonshine vodka:

It was a pity to have to throw it away, so Hryc scattered a bit in the yard for the chickens and the rest he put in the trough for the cow Krasula. The chickens pecked — and immediately lay down on the earth, absolutely foggy minded. But Krasula started going berserk, running around and climbing trees. It was terribly funny but also a bit dangerous. Hryc managed to overcome her with much difficulty and tied her up in the stable.

Through his hosts Ephraim kept up with the progress of the war and tracked the Allied advance in his diary, eagerly awaiting liberation. Yet it was hard to stay optimistic and he occasionally had thoughts of suicide. As he wrote in October 1943, he struggled to keep from succumbing to apathy and despair:

It’s all nonsense. […] Nobody knows us. We don’t have anybody in the whole wide world. Nobody. Only Mother and I. Therefore there’s no other option: one mustn’t give in to crises. We have to stay united. Today my heart is heavy. I’m writing almost in darkness but I must write. Too much crap weighs on my heart and I must pour all of it, at least in this diary.

Why is it called life? The best years of my youth have gone by and will not return. Never. Even if it all ends today, it won’t do any good … This is my life. And if I add the well known fact that everybody is born with a death verdict — what’s there to live for?

On November 6, 1943, a baby girl was born on the farm — the offspring of one of the members of the Parille family. Before the war, the mother had tried for years to get pregnant, going through “all possible treatments and nothing helped. And here, of all places, did she give birth.”

Ephraim wrote that their host, Hryc, started sobbing in despair when he found out:

So we aren’t only fourteen but fifteen with the baby! Not too bad … That’s to say very bad. Lipa is right saying that the baby can betray us all. We learned not to speak but to whisper, but a baby?! What’s to be done?

Within a few days the baby died. Perhaps it was just as well.

The situation became even more precarious in late January 1944, after a unit of retreating Germans showed up at the farm and the commander requisitioned a room in the farmhouse for himself and his Russian girlfriend.

Thus the farmhouse was divided: the German in one room, the three Ukrainian farmers in the next room, eight Jews in the 3×4 meter room down the hall, and three more hidden in the shed!

The German officer never found out about the hidden Jews, and as Ephraim noted, the man’s presence turned out to have a silver lining, because it protected everyone from the threat of looting, arson and murder at the hands of anti-Semitic Ukrainian partisans, who had become very active in the area.

Also, Helena Skrzeszewska was able to cajole the military kitchen into giving her their leftover soup, which she fed to the Jews. Ephraim noted wryly, “We live at the expense of Hitler.”

He was actually upset when the German officer left the farm two weeks later, writing,

Our citadel is no more. Again fearful nights will begin without the landlords who’ll go to the village for their sleep. We’ll remain on our own against the gangs, full of fear of the Ukrainian killers, of being set on fire … Again night watches every two hours, with a pistol and six bullets.

Sure enough, in early March, while Ephraim’s hosts were away from the farm, the Ukrainian partisans tried to set the place on fire. Ephraim was on watch that night:

I don’t know if I panicked. But now, while writing that, I think I wasn’t absolutely clear about what I was doing. Anyhow, after raising [the others in hiding], I opened the door and like an idiot went out into the lighted yard. Two sprints brought me to the well. I crouched behind its side and emptied my pistol of all its bullets, shooting into the darkness of the forest like a movie cowboy. The first time in my life.

In the meantime Lipa, Mother, Linka and Edzia came out with buckets. […] I don’t think it took us a long time to control the situation. The fools didn’t shoot at us from the forest despite the fact that we were in the light. I assume — and I’m not the only one thinking like that — that they were frightened of us being armed.

In the morning, when our landlords came back from the neighbors, they were surprised to learn that the house was still standing. […] Hryc went to the forest and found blood stains in the snow.

Later the month the Germans returned and searched the farm for signs of partisan activity, and actually encountered Ephraim’s aunt and mother inside the house:

Mother and Auntie locked us in and ran to the entrance door. They hardly made it when the door was busted open in spite of the big lock hanging outside. The Germans were astonished running into them. Despite Lipa’s warnings to Mother not to reveal her knowledge of German, she explained to them that they were locking themselves in the house in fear of the partisans.

“The partisans are all Juden,” said one of the Germans, and then asked where did Mother acquire such a German [language]. She told him she lived in Salzburg and came here to get married. “It’s all Love’s fault,” said the German, asked her to forgive him, went out and in a moment returned with a bomboniere.

In the meanwhile dawn was breaking and they discovered the Germans were S.S. troops. Mother says that if she wasn’t hit by a heart attack she would never have one. Immediately she told them they were being “evacuated” to the West. The Germans, perfect gentlemen that they were, proposed to help them, give them a truck. Auntie thanked them, said there was no need, everything was under control. Indeed.

Half an hour later our landlords returned back from the village. They looked really terrified when they saw Mother and Linka standing at the entrance to the house with two S.S. men. Mother introduced them, bid the Germans farewell and entered the hideout with Auntie.

The hideout happens to be east of the house, not west.

All the Jews spent three days in the underground hideout until the SS officers left. By then the front was very close, as Ephraim wrote on March 13:

In the nights, during shifts, we hear the “music” of artillery. The front keeps coming closer. Two days ago they were at Podhorce, 15 kms away! The windows were shaking to the blasts of cannon. But the Germans, damn it, pushed them back to a point 35 kms from us. There they stand and shoot. What bad fortune! Tarnopol has been liberated and we are not.

On March 26, Ephraim noted that it was the 1,000th day he had spent living under German occupation: “The 1,000 days we’ve spent in the Reich are like 1,000 years. With my whole heart I wish the Fuhrer and his admirers to have 1,000 such days …”

And he had months left to endure before he would see freedom.

On July 3, the second anniversary of the massacre at the Khotyn Fortress, Ephraim was using the outhouse when he saw a car stop and two Germans emerge with two men and a child. The Germans shot all three of them and left their bodies by the road. The victims, he found out later, were Jews who had been caught hiding nearby.

Liberation finally came to Jelechowice on July 16, 1944, as noted by a single sentence in red pencil in Ephraim’s diary: “THE BOLSHEVIKS HAVE ARRIVED!!!” He was sixteen years old, and had survived 1,111 days under the Germans.

On the third day after liberation, he recorded,

Mother, Auntie and I went to town. Zloczow made a terrible impression on us. Only bombed, burnt houses, torn wires on the road. A mass of troops on the way to Lvov. Our house is burnt. The neighbors — who couldn’t really understand how we managed to survive — said that the Germans had set the house on fire because it contained the archives of the Gestapo.

In the house, which was inhabited by the Gestapo unit, we found our dining room furniture in one of the rooms. It looked strange to me. That’s precisely what we need: a big table, or a buffet …

We haven’t met Jews.

Ephraim’s last diary entry was on July 29. He wrote of finally encountering some other survivors:

Maybe twenty people, perhaps thirty … All stood and cried. For sure I don’t have to write that picture down in the diary. I’ll remember it to the end of my life. All the Jews, the ten thousand Jews of Zloczow, were praying together in one small room. I heard the heart-rending sobbing, the wailing, the “Magnified and sanctified be His great name” prayer for the dead, and the “God, full of compassion” one, and I understood once and for all that they, we, address somebody who was absent when needed, and perhaps now wasn’t needed any longer, or maybe simply never existed. It was noontime and

The diary ends in mid-sentence.

Ephraim remained in Poland for over a decade after the war. He attended engineering school for two years, then switched his studies to theater. He moved to Israel in 1957. There he changed his family name from Sternschuss to Sten.

In Israel, Ephraim married, had children, and had a successful career as an author, actor, director and playwright for both stage and radio. But for decades he kept his diary hidden and did not speak of his Holocaust experiences to anyone.

Although he had a normal existence in his adopted country, he never recovered emotionally from the trauma of the war, describing it as “the load crushing my soul.”

He had thought, he said, once he left Poland, that he might finally “become a regular human being. But the world wouldn’t let me.”

In the 1990s, Ephraim returned to Zloczow, which is now part of Ukraine and called Zolochiv. Two of his Ukrainian rescuers had died, but Ephraim had a tearful reunion with Hryc Tyz, who told him, “You are my relatives. I didn’t believe I’d be lucky to yet see somebody from my family.”

His four-day trip inspired him to dig out his diary and translate it into Hebrew so that his children could read it. The diary was published in English in 2006, with annotations by an older Ephraim fifty years after the fact, under the title 1111 Days in My Life Plus Four.

Ephraim Sten died in 2004.

The Khotyn Fortress is a major tourist attraction in Ukraine and is considered one of the nation’s most stunning castles. In a nearby field, a “foul-smelling marsh” where “the grass is high and thick,” is a memorial for the 3,500 Jews (but not Ephraim’s dad) who were murdered there in July 1941.

* Zloczow answered to the sovereignty of the Austro-Hungarian Empire until 1918.

On this day..

1894: William Whaley, “the horror of the situation”

This ghastly description of a botched hanging comes courtesy of the out-of-print The palace of death, or, the Ohio Penitentiary Annex: A human-interest story of incarceration and execution of Ohio’s murderers, with a detailed review of the incidents connected with each case by H.M. Fogle (1908):


Chapter 19

William Whaley
June 22, 1894

A negro robber who beat out the brains of Allen Wilson, near Yellow Springs, Ohio, with a dray pin. Hanged June 22, 1894

A Brutal Robber Meets a Just Fate


William Whaley, serial number 25,257, was executed in the Ohio Penitentiary Annex twelve minutes after the birth of a new day, June 22, 1894, for the brutal murder of Allen Wilson, a thrifty and hard working colored man.

The crime was committed near Yellow Springs, Greene County, Ohio, on the night of June 6, 1893. Robbery was the motive for the crime, and a dray pin the instrument of destruction. He sneaked upon his victim in the dark, and literally beat his brains out.

Whaley was a young man not over twenty-five years of age, and with perhaps one exception, was the most profane man that was ever incarcerated in the Ohio Penitentiary Annex. He refused all spiritual consolation, and cursed his executioners almost with his dying breath. He was a cowardly cur, and betrayed his cowardice while on the scaffold. Three times he sank to his knees as the noose was being adjusted. The attending Guards were compelled each time to assist him to his feet, and finally to hold him up by main strength until the rattle of the lever shot his body through the open trap. Being almost in a total state of collapse, the body instead of plunging straight through the opening, pitched forward, striking the side of the door, thus breaking the force of the fall. For this reason the neck was not broken, and death was produced by the slow and harrowing process of strangulation.

Reader, if you have never seen a sight of this kind you cannot understand or comprehend the horror of the situation. Time after time the limbs were drawn up with a convulsive motion, and then straightened out with a jerk. The whole body quivered and shook like one might with the ague; while the most hideous and sickening sounds came from the throat. This continued for eighteen minutes; but to one looking on it seemed an age. After eighteen minutes the sounds ceased; the body became perfectly still; the limbs began to stiffen; the heart-beats to weaken. In just twenty-six minutes after the drop fell the last pulsation was felt, and the doctor solemnly said: “Warden, I pronounce the man dead.”

The outraged law had been avenged, and a soul unprepared had been ushered into Eternity.

On this day..

1895: A day in death penalty around the U.S. (McTeague edition)


Headline from the Tacoma (Wash.) Daily News, June 7, 1895.

On this date in 1895, the hangman noosed for the cycle with single, double, and triple executions in three different U.S. states.

Arkansas

In Morrilltown, William Downs or Downes for criminally assaulting a woman called Pauline Bridlebaugh.

“On the scaffold Downs declared that he was guilty of part but not all he was charged with,” according to multiple newspaper reports. The eight-foot fall failed to snap his neck, and Downs strangled to death over 15 agonizing minutes.

Alabama

“Lee Harris and Abe Mitchell, colored murderers, highwaymen and thieves, were hanged here [Birmingham] today before 2000 people for the murder of Grocerymen Merriweather and Thornton. Both bodies were turned over to the undertakers, who purchased them several weeks ago for $18 from the men themselves.”


From the Oakland Tribune, June 7, 1895.

California

Three Californians hanged, sequentially, at San Quentin prison on the morning of June 7 in an affair timed to ensue the arrival of the 7:40 train from San Francisco, carrying about 100 official witnesses.

Emilio Garcia stabbed and slashed to death a San Bernardino old timer whom he believed to possess a hoard of gold.

Anthony Azoff fatally shot a Southern Pacific detective in the course of a botched robbery of that railroad firm’s offices; he was balked of a suicide attempt in the hours before his execution.

And Patrick Collins acquired more lasting infamy than any of his scaffold brethren by sensationally stabbing to death his estranged wife at the kindergarten where she worked when she refused his demand to hand over her wages.

Collins’s guilt was very apparent, so his trial gave the horrified public ample rein to sketch the brute in terms of the era’s crackpot racist typologies. In one Examiner article tellingly titled “He Was Born for the Rope,” it was postulated that “if a good many of Patrick Collins’ ancestors did not die on the scaffold then either they escaped their desert or there is nothing in heredity … Seeing him you can understand that murder is as natural to such a man when his temper is up as hot speech is to the anger of the civilized.”


Various newspaper images of Patrick Collins, from The Construction of Irish Identity in American Literature.

Be they ever so headline-conquering in their time, such crimes are like to fade speedily from the public memory. Collins, the man who slaughtered his tightfisted wife, and Collins, the savage ethnic archetype, have improbably survived his moment of notoriety, by imparting to literature the inspiration for San Francisco novelist Frank Norris‘s 1899 offering McTeague.

In McTeague, a vicious husband murders the wife he has abandoned when she refuses him money. The murderer here presents as an overpowering ancestral beast within — attributable, says Christopher Dowd, to Norris’s “study of criminal anthropology, particularly the school of thinking developed by Cesare Lombroso regarding atavism, hereditary criminality, degeneration, and criminal physiognomy. According to Donald Pizer, by the time Norris wrote McTeague, he had developed a ‘preoccupation’ with the themes of atavism and reversion, and ‘particularly with the role of heredity in causing either an obvious physical or mental devolution or a return to an earlier family condition’. Suddenly, Norris had a way to explain the behavior of his murderous protagonist — he was born a criminal, having inherited the degenerate traits and predilections of his Irish ancestors. Combined with the newspaper reports of the Collins murder, criminal anthropology gave Norris all the tools he needed to write, what Pizer calls, ‘that mythical creature of literature, a naturalistic tragedy'”. For example, Norris zooms through the disordered mind of McTeague as he struggles to control himself on one occasion.

He was disturbed, still trembling, still vibrating with the throes of the crisis, but he was the master; the animal was downed, was cowed for this time, at least.

But for all that, the brute was there. Long dormant, it was now at last alive, awake. From now on he would feel its presence continually; would feel it tugging at its chain, watching its opportunity. Ah, the pity of it! Why could he not always love her purely, cleanly? What was this perverse, vicious thing that lived within him, knitted to his flesh?

Below the fine fabric of all that was good in him ran the foul stream of hereditary evil, like a sewer. The vices and sins of his father and of his father’s father, to the third and fourth and five hundredth generation, tainted him. The evil of an entire race flowed in his veins. Why should it be? He did not desire it. Was he to blame?

McTeague does not exit upon the gallows as did his real-life inspiration; instead, having murdered and robbed his wife, the fugitive flees to the scorching desert of Death Valley where he faces a fight to the finish with a friend/rival who has pursued him. McTeague overpowers this foe, but the man’s dying act is to handcuff himself to McTeague — condemning the latter to sure death.

McTeague has long been in the public domain; it can be perused here; a Librivox audio reading of the book is available here. It’s also been adapted to at least two films in the silent era — including one of the genre’s greats — plus a more recent PBS radio drama, an opera, and miscellaneous other media.

On this day..

1806: Dominic Daley and James Halligan, hated foreigners

On this date in 1806, immigrants Dominic Daley and James Halligan were hanged at Northampton, Massachusetts. In the words of one widely reproduced report, “They persisted in their innocence to the last moment, although there were perhaps not a single one of the numerous spectators present, which was presumed to amount to nearly 15,000, who entertained a doubt of their guilt.”

Today, nearly everyone thinks them innocent.

The case began, as many wrongful convictions do, with a particularly outrageous crime — a young farmer, Marcus Lyon, found dead in a Massachusetts creek en route to his home in Connecticut. He’d been shot through the chest and his brains battered out of his skull. The motive: robbery.

In the absence of substantive evidence, some witnesses with vague reports of strangers on the fatal turnpike furnished tissue for an entire theory of the case, and through the misapprehended focus of tunnel vision the strangers became Irishmen, and the Irishmen became Dominic Haley and James Halligan.

In the close aftermath of American independence, New England was still overwhelmingly Anglo-Saxon and Protestant. Most of the Irish people about at this moment were also Protestants: large-scale Irish Catholic immigration into the region only began in the 1820s and it panicked the normies when it came, with preachers and politicians railing against the insidious incursions of idolatrous papists.

So in 1805, when the hunt for strangers settled on two Irish-born Catholic immigrants … well, what was left to know? Just days later, a North Wilbraham Congregationalist minister thundered from the pulpit,

We see the evil attending a continued influx of vicious and polluted foreigners in this country. Many of the outrages we suffer proceed from this source. Who break open our homes in the unsuspecting hours of sleep? Who set fire to our large cities and towns for the sake of plunder? And who rob and commit murder on our highways? We are far from exculpating all of our own native citizens; we regret, indeed, that so many of them disgrace themselves and injure society by evil deeds. But these things notwithstanding, we are doubtless justified in saying, that a great proportion of the crimes above mentioned, together with many others which might be named, are committed by foreigners. And that atrocious deed which has so recently congealed all our blood with horror, in this place, is supposed to have been perpetrated by foreigners. Look at the annual reports of the overseers of the prisons and you will find them be principally occupied by foreigners

The first planters of this country were, generally speaking, men of pure lives and good morals and they were induced to come here for the sake of religion. And, for a long time, they maintained a wholesome and orderly state of society. But since the rapid increase of our commerce with other nations, and the great ingress of foreigners, many of whom are said to come here for the sake of escaping the retribution of justice in their own country; we have ripened apace in all the arts of vice and depravity. Some, who come among us from abroad, we readily acknowledge to be worthy and good men, and we cordially welcome their approach. But the number of these is comparatively small. The best and most useful citizens are cautiously retained, while the worst are readily parted with. Hence the rapid influx upon us, of late, of the most violent and abandoned of the human race. The late and present disturbances in foreign countries have greatly increased the calamity. The prisons of Europe and the West Indies are now disgorging themselves upon our shores; and this country is thus becoming the general asylum of convicts. This is a sore evil, and will furnish an increasing number of inhabitants for our prisons and victims for the halter.

The case in court would comprise 24 witnesses not one of whom had witnessed the crime; at most they could suggest that two strangers had taken the same well-trafficked public road on the same day as the victim, who was also a stranger in these parts. Even this much was not certain among the witnesses; their renderings were vague, tentative, contradictory — but witness recollections and prejudicial readings of circumstance soon shaped themselves around the shared understanding of events, and from so much smoke they wove the hemp.

The friendless immigrants’ court-appointed attorney, Francis Blake, who had been tasked with this first capital case of his life a bare 48 hours before the trial opened, made a vehement, eloquent, and futile address to the jury against “this illiberal, this inhuman prejudice” closing around the throats of his clients.

That the prisoners have, however, been tried, convicted, and condemned, in almost every bar-room, and barber’s-shop, and in every other place of public resort in the county, is a fact which will not be contested. That the sentence of the law has not been anticipated, and that they have not already suffered the penalty of death, may be ascribed rather to defect of power, than to lenity of disposition, in many of their accusers …

There is yet another species of prejudice, against the influence of which it is my duty to warn you. I allude to the inveterate hostility against the people of that wretched country, from which the Prisoners have emigrated, for which the people of New-England are peculiarly distinguished …

Pronounce then a verdict against them! Condemn them to the gibbet! Hold out an awful warning to the wretched fugitives from that oppressed and persecuted nation! Tell them that although they are driven into the ocean, by the tempest which sweeps over their land, which lays waste their dwellings, and deluges their fields with blood; — though they float on its billows upon the broken fragments, of their liberty and independence; — yet our inhospitable coast presents no Ararat upon which they can rest in safety; that although we are not cannibals, and do not feast upon human flesh, yet with all our boasted philanthropy, which embraces every circle on the habitable globe, we have yet no mercy for a wandering and expatriated fugitive from Ireland. That the name of an Irishman is, among us, but another name, for a robber and an assassin; that every man’s hand is lifted against him; that when a crime of unexampled atrocity is perpetrated among us, we look around for an Irishman; that because he is an outlaw, with him the benevolent maxim of our law is reversed, and that the moment he is accused, he is presumed to be guilty, until his innocence appears! …

The lives of the prisoners are now consigned to your disposal. Before you proceed to the performance of this awful duty, let me borrow the language of one of their countrymen, not degraded by the ignominious reproaches against his nation, but elevated to the highest rank among the orators of the elder world by the most splendid talents, the purest patriotism, and the most unsullied integrity. Let me beseech you to “remember that there is another than a human tribunal, where the best of us, will, on one day, have occasion to look back on the little good we may have done. In that solemn trial may your verdict on this day give assurance to your bones and afford you strength and consolation in the awful presence of an adjudging God!”

The words fell on deaf ears.

Daley and Halligan maintained their innocence from arrest to execution, but in the end they would require the offices of another foreign refugee, Father Jean-Louis de Cheverus, a French-born priest in Boston, who had fled the anti-clerical paroxysms of his own homeland. (Later, he would become the first Catholic Bishop of Boston.) It’s said that he stayed in jail with his charges, as no one in Northampton would suffer the papist priest to sleep under their own roof — and that his ministrations to them included the first Catholic mass said in that city.

Folklore cropped up around the 1830s to the effect that a local man had given a deathbed confession exonerating the hanged Irishmen … and that this murderer was the kinsman of one of the witnesses against Daley and Halligan. I cannot establish that this is any more than a just-so story, a fable, but even so it speaks to the continuing injury done by this execution to the now-growing Irish Catholic community. In time that demographic’s maturing numbers and political muscle flipped the story of Daley and Halligan from one of foreigners ripened in depravity to a sobering caution against bigotry and rush to judgment.

We have no real way, now, to access a definitive assessment of guilt or innocence; we can certainly say with confidence that the evidence was appallingly flimsy to hang a man even for the time. Both Daley and Halligan were posthumously exonerated by a writ of Massachusetts Gov. Michael Dukakis in 1984. Dukakis discussed that action, and history’s view of the Daley-Halligan railroading, in a 2011 panel available in podcast form here.

For additional resources, check this Historic Northampton page (already linked several times within this post). Below, you can read the entirety of an 1806 publication reporting the trial, from which the defense lawyer’s remarks have been drawn.

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1835: Four slaves, for the Malê Rebellion

On this date in 1835, four African slave rebels were shot at Salvador.

The Malê Revolt acquired its name from the local designation for Muslims … which was the predominant religion of the slaves harvested from West Africa* who were pouring into Brazil. (It’s also known as the Muslim Revolt, or simply the Great Revolt.) Ethnically, these were mostly Yoruba peoples, known in Brazil as Nagôs; Nagôs constituted the bulk of the slave sector whom the Portuguese had nicknamed “Minas” — Gold Coast imports who had embarked their slave ships at the notorious Elmina Castle.

Under whichever designation, this population was particularly thick in the agrarian Atlantic province of Bahia; there, “slaves constituted the majority of Bahia’s population in the 1820s and 1830s, [and] the maority of slaves were African-born.” And African-born slaves proved over the years to share a vigorous spirit of resistance. Slave risings and plots had emerged in Bahia in 1807, 1809, 1814, 1816, 1822, 1824, 1826 1827, 1828, 1830, and 1831, spanning the periods of Portuguese colonialism and Brazilian independence. Scottish botanist George Gardner, recalling his travels in Brazil in the late 1830s, opined that

The slaves of Bahia are more difficult to manage than those of any other part of Brazil, and more frequent attempts at revolt have taken place there than elsewhere. The cause of this is obvious. Nearly the whole of the slave population of that place is from the Gold coast. Both the men and the women are not only taller and more handsomely formed than those from Mozambique, Benguela, and the other parts of Africa, but have a much greater share of mental energy, arising, perhaps, from their near relationship to the Moor and the Arab. Among them there are many who both read and write Arabic. They are more united among themselves than the other nations, and hence are less liable to have their secrets divulged when they aim at a revolt.

Here, in secret madrassas and an underground tongue, these people cultivated a shared religion that naturally fused with the religious to the political and eventually germinated a revolutionary conspiracy. Two elderly, enslaved Muslim teachers seems to have been particular nodes in this community of resistance.**

On the night of January 24-25 of 1835, some 300 of these African-born slaves (with a few African-born freedmen) rebelled and attacked the city of Salvador. The fighting spanned only a few midnight hours; rumors of a rising had reached white ears on the 24th and as a result the masters stood halfway prepared and rallied quickly enough to crush the revolt — killing around 80 rebels in the process.

Nevertheless, it was perhaps the largest and most frightening servile rebellion in Brazil’s history. And although not all participants were Muslim, they very distinctively were all African-born: second-generation, Brazil-born blacks (whether slave or free) as well as mulattoes, who occupied a higher caste rank more in simpatico with whites, were deeply distrusted by African natives as liable to betray the plot — and rightly so. This turned out to be the very channel by which advance warning of the imminent rebellion reached white ears on the night of January 24. It was a great, if last-minute, victory for white Brazilians’ intentional stratification of the servile labor force: “The division among Africans is the strongest guarantee of peace in Brazil’s large cities,” the governor of Bahia had written in 1814.

Surprisingly, only four juridical executions are known to have resulted from this rising, although flogging sentences inflicted on others were so brutal that at least one person also died under the lash. Records, however, are patchy, and as João José Reis notes in his essential text on the Malê revolt (Slave Rebellion in Brazil: The Muslim Uprising of 1835 in Bahia) it is scarcely apparent why these particular men came in line for the law’s final extremity:

The president of the province, under pressure from influential members of Bahian society, felt that it was important to put on a public spectacle and hang prisoners as soon as possible so as to intimidate would-be rebels. With this in mind, on 6 March 1835 Francisco de Souza Martins wrote to the minister of justice:

It seems fitting, as has been suggested to me by many Citizens of this Capital, that the Government of His Majesty the Emperor, so as not to diminish the healthy effect of an execution as soon as possible after the crime, should have the sentences carried out on the two or three main leaders, at the same time declaring that these individuals should not have any recourse or appeal; that is, such a measure is thought to be both efficacious and necessary to the present circumstances.

In a decree dated 18 March 1835 the central government accepted this suggestion and ordered that the death sentences be “immediately carried out without being allowed to go before a Court of Appeal, after the remaining legal steps had been taken.” A month later, on 14 May, one day after the publication of the law on deportations, and without having taken “the remaining legal steps,” the government put four Africans to death.

There was only one freedman among those executed: Jorge da Cruz Barbosa, a hod carrier (carregador de cal) whose African name was Ajahi. Ajahi had been arrested on the day after the uprising, in the house of some fellow Nagô acquaintances, Faustina and Tito. Tito was also involved in the rebellion and had left home some days before the twenty-fifth, never to return. On the morning of the twenty-fifth, Ajahi showed up wounded and hid under a bedframe (estrado). Faustina turned him in to inspectors Leonardo Joaquim dos Reis Velloso and Manoel Eustaquio de Figueiredo, who arrested him. Under questioning Ajahi declared that he lived on Rua de Oracao and was a neighbor of Belchior and Gaspar da Cunha, whom he used to visit regularly. Concerning the meetings they had there, he claimed: “Everybody prattled on and on or just stopped in to say hello.” He denied being a Malê and having participated in the revolt. He tried to convince the judge and jury that the bayonet wound in his right leg “had been inflicted by soldiers … while he was at the window, [and] not because he was outside fighting with anybody.” Ajahi was apparently just an ordinary rebel. Indeed none of the Africans questioned in 1835 suggested he had played an important part in the Malê organization. Even so, on 2 March 1835 he was sentenced to death, along with other important prisoners. His sentence had been set by Francisco Goncalves Martins, the chief of police, now presiding over the jury as a judge: “In light of the previous declaration … on behalf of the Sentencing Jury I sentence prisoners: Belchior da Silva Cunha, Gaspar da Silva Cunha, and Jorge da Cruz Barbosa (all freedmen), as well as Luis Sanim, a slave of Pedro Ricardo da Silva, to natural death on the gallows.” With the exception of Jorge Barbosa (Ajahi), all those listed by Martins had their sentences commuted. Ajahi appears to have escaped from prison, but he was quickly recaptured. Perhaps the maintenance of his sentence comes from his being considered an incorrigible rebel.

Little is known about the others sentences to death. They were all Nago slaves. One of them was Pedro, a slave of Joseph Mellors Russell, the English merchant. It seems that all of this man’s slavees took part either in the rebellion or, at least, in the Malê conspiracy. On his own Russell had turned over to the justice of the peace a crate containing a great number of Malê objects belonging to his slaves — Necio, Joao, Joaozinho “the urchin,” Tome, Miguel, and Pedro. Of all these men Joao was the most militant, and his final sentence is not known. No one knows why Pedro was singled out for the death penalty. I could not find the records for his particular trial.

The other two slaves executed were Goncalo, whose owner appears in the records as Lourenco so-and-so, and Joaquim, who belonged to Pedro Luis Mefre. About them all that is known is that they were among the thirteen rebels wounded and taken prisoner during the confrontation at Agua de Meninos. It may be that they were both abandoned by their masters, since nothing suggests that they might have been leaders and none of the other eleven taken prisoner in the same circumstances received similar punishment.

These were, then, the four Africans put to death in 1835. Rodrigues began a tradition claiming that five Africans were executed, but there is no evidence for it. He names a freedman by the name of Jose Francisco Goncalves as the fifth victim. This African actually existed. He was a Hausa and lived in the Maciel de Baixo neighborhood. According to his testimony, he earned his living “bringing out samples of sugar from the warehouses for Merchants.” His name appears on the Roll of the Guilty with this observation: “sentenced and acquitted on 4 June 1835.” On that same roll the names of Jorge da Cruz Barbosa, Joaquim, Pedro, and Goncalo appear, with the following observation after each one: “sentenced to death and executed on 14 May 1835.”

Like all public executions, this one had its share of pomp and ceremony. The victims were paraded through the streets of Salvador in handcuffs. At Campo da Polvora new gallows had been constructed to replace the old ones, which had rotted from lack of use. At the head of the cortege marched the council “doorman,” Jose joaquim de Mendonca, who cried the sentence out to the ringing of bells. After him came Joao Pinto Barreto, the execution scribe, and Caetano Vicente de Almeida, a municipal judge. On both sides of the prisoners marched a column of armed Municipal Guardsmen. The Santa Casa da Misericordia was also presente, since the bylaws of that important philanthropic institution obliged its members, who were recruited from the local elite, to march along with people condemned to death as an act of Christian piety. The execution itself was to be witnessed by the interim chief of police (Martins had already gone to Rio de Janeiro as a congressional deputy), Judge Antonio Simoes da Silva, and by the commandant of the Municipal Guard, Manoel Coelho de Almeida Tander.

Much to the authorities’ disappointment, the new gallows could not be used to hang the prisoners. No one would act as executioner. On 13 May, one day before the execution, the vice-president of the province, Manoel Antonio Galvao, in response to a request from the chief of police, offered 20-30 milreis to any ordinary prisoner in Bahia’s many jails to act as executioner. Even though that was four months’ earnings for the average urban slave, no one came forward. The chief warden, Antonio Pereira de Almeida, expressed his disappointment in a communique to the chief of police that afternoon: “I have offered the job to the inmates, and no one will take it. I did the same thing today at the Barbalho and Ribeira dos Gales jails, and no one will take it for any amount of money; not even the other blacks will take it — in spite of the measures and promises I have offered in addition to the money.” Either because of prisoners’ solidarity or out of fear of retaliation from the African Muslims, an executioner could not be found. For this reason, still on 13 May, the president of the province had a firing squad formed to carry out the sentences. Then, on the fourteenth at Campo da Polvora, the four men were executed by a squad of policemen and immediately buried in a common grave in a cemetery run by the Santa Casa, next to the gallows. Without the hangings, the didactic value Bahian leaders envisaged in the spectacle was lost.

Less pomp surrounded floggings, although they too were public. Here, as well, the chief of police insisted (20 March 1835) that the “punishment should immediately follow the crime.” He argued that haste was necessary “so that the prisoners would not overflow,” a practical more than a political reason. The scenes of torture oculd not have been more degrading. The victims were undressed, tied, and whipped on their backs and buttocks. Floggings were held at two different sites: the Campo da Polvora and the cavalry garrison at Agua de Meninos, where the last battle of the uprising had been fought. At times the authorities worried that these public spectacles would themselves disturb the peace. Alufa Licutan’s sentence to one thousand lashes would be carried out in public, “but not on the street of the city.”


Illustration of a slave being publicly flogged in Brazil, by Johann Moritz Rugendas.

Prisoners received fifty lashes per day, “for as many days as it took to undergo the entire sentence … provided there was no risk to a prisoner’s life.” The victims’ suffering was closely watched by armed guards and carefully supervised by officers of the law, as well as by a court scribe who on a daily basis recorded the date, names, and numbers of lashes. From time to time, doctors visited the victims to check on their health and to advise whether the whipping should be continued or suspended for a while. These doctors’ reports are shocking testimony to the physical state of the tortured individuals. On 2 May 1835 Dr. Jose Souza Brito Cotegipe told Caetano Vicente de Almeida, the municipal criminal judge: “I have only found two who are well enough to continue serving their sentences. The rest cannot because of the enormous open wounds on their buttocks.” In a report on 19 September he said: “Having proceeded in the examination … of the Africans being flogged, I can inform Your Grace that the blacks [named] Carlos, Belchior, Cornelio, Joaquim, Carlos, Thomas, Lino, and Luiz (at the Relacao Jail) are in such a state that if they continue to be flogged, they may die.”

On that very day Luiz was admitted to the Santa Casa da Misericordia Hospital, where he stayed for two months. On 3 November he went back to the stocks, and two weeks later he completed his sentence of eight hundred lashes. Narciso, another slave, was less fortunate. He was caught red-handed during the uprising and did not survive the twelve hundred lashes of his sentence. He is the only African known to have died from that terrible punishment, but there may have been more.

After the Malê Rebellion, the signs and practices of Islam came under harsher surveillance than ever before. Brazil did not abolish slavery until May 13, 1888 — the very last nation in the western hemisphere to do so.

* Prisoners taken by all sides during the wars accompanying the formation and growth of the Sokoto Caliphate were a key source for the early 19th century slave trade.

** Neither teacher was directly involved in the rebellion: one, Ahuna, had alredy been exiled to another locale and the other, Bilal, languished in prison for debts. We have particularly poignant word of the latter’s devastation upon hearing word of what had transpired.

After the rebellion, Bilal, still in jail, received news of the fate of the rebellion. One of his cell companions said in a gripping testimony that Bilal lowered his head to weep and that he never saw him raise it again. Bilal wept as many of his cherished students were brought into the jail. When one of the surviving rebels, who was being incarcerated, passed Bilal a piece of paper with a message written on it, he read it and swiftly began to weep. The devastating fate of his students had brought Bilal to a perpetual trail of tears. His fate, however, was to be amongst the most devastating. Although he could not be charged with participation in the physical uprising that took place, it was clear to authorities that he had participated in the spiritual cultivation of the uprising. Bilal “was sentenced to 1,200 lashes of the whip, to be carried out in public, though not in the streets where everyone could see. The sentence was divided up into 50 lashes a day until completed.” We can imagine that this is how Bilal died.

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1974: Leyla Qasim, Bride of Kurdistan

On this date in 1974, Kurdish activist Leyla Qasim was hanged by the Ba’ath regime in Baghdad.

A middle daughter among four brothers from the heavily Kurdish Khanaqin district, Qasim joined the Kurdish Student Union as a student at Baghdad University in the early 1970s.

The Iraqi government had fought a running war against Kurdish rebels throughout the 1960s, resolved only by a tenuous truce; by the spring of 1974 armed conflict began again.

Visible Kurdish activists living right in the capital became a natural target.

Qasim and four male companions were arrested in late April, accused of plotting against Iraq (various accounts have this down to a hijacking scheme or cogitating the murder of Saddam Hussein). They were tortured, condemned in a televised trial, and executed together.

She purportedly gave her family the last words of a proper martyr: “I am going to be [the] Bride of Kurdistan and embrace it.”

She’s still regarded as a Kurdish heroine and many families confer her name on their daughters.

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1806: Francisco Dos Santos


New-York Weekly Journal, April 20, 1741

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1844: Samuel Mohawk


Philadelphia Sun, March 26, 1884.

On this date in 1844, Samuel Mohawk, an indigenous Seneca Indian, was hanged for slaughtering Mary McQuiston Wigton and her five children in Slippery Rock, Penn.

Many witnesses noticed Mohawk in a violent rage as he traveled by stage from New York, and his mood grew fouler with drink and with the repeated refusal of hospitality by white establishments. It’s unclear what specific trigger turned his evil temper to murder at the Wigton residence — if there was any real trigger at all — but in his fury, he pounded the brains of his victims out of their skulls with rocks. The case remains locally notorious to this day, in part for being the first execution in Butler County.

I’d tell you all about it but the (inert but very interesting) blog YesterYear Once More has already got it covered.

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1882: Dead Shot, Dandy Jim and Skippy, mutinous Apache scouts

On this date in 1882,* the U.S. Army hanged three White Mountain Apache scouts as mutineers.

This small tragedy in the long-running Apache Wars of the American Southwest had its seeds in the 1870s, when the Army forced onto the San Carlos reservation several bands of Apache peoples, including the Chiricahua, Yavapai, and the Western Apache nations of Tonto, White Mountain, and Cibecue.

The concentration proved potent, unexpectedly so since the tribes in question were not all on friendly terms with one another.

Noch-ay-del-klinne (many other transliterations are possible), an influential White Mountain medicine man of 36 summers or so — and a man who had been to Washington DC with a peace delegation and laid his own eyes on the encroaching industrial civilization — began cultivating something very like a ghost dance for the San Carlos Indians.

Though the ghost dance is most closely associated with the Lakota Sioux, several years and several hundred kilometers’ distance from the Apache of Arizona, the movement actually originated among the much nearer Nevada Paiute. Incarnations of ghost dancing throughout the American West gave a millenial expression to indigenes’ shared trauma of defeat, displacement, and death.

Noch-ay-del-klinne’s rituals were called Na’Ilde’, meaning raising from the dead,** and his prophesy that lost comrades would rise from their graves and the white man would vanish from Apache lands when the corn was ripe, spoke to that trauma for the denizens of the San Carlos reservation — and alarmed the U.S. Army troops stationed at nearby Fort Apache. Especially troubling was the “fraternizing that went on between tribes and elements of tribes which had always held for each other the most deadly aversion,” in the words of the later memoir of Thomas Cruse, who commanded the army’s company of native Apache scouts. He had granted leave for some of his scouts to attend these dances and didn’t like what he saw when they returned.

After the medicine dances began around the post I noticed a change. Generally they [the scouts] are very ready to communicate anything they know or may have seen, but after these dances they became very uncommunicative and would not tell anything that was going on among the other Indians or among themselves … when they came back they were not only exhausted and unfit for duty, but they showed surliness and insubordination. They grumbled constantly and made vague remarks about the country being theirs, not ours. Dozens of small incidents showed that something, or someone, was giving them new thoughts.

Cruse gave a grim — and as events soon proved, sound — assessment of his men’s unreliability: “he entirely distrusted his scouts in event of the rising of the White Mountains and believed all or nearly all would go with the enemy.” But the affirmative reply to Cruse’s plea to discharge the unit was delayed due to telegraph problems by the time that unit set out with Col. Eugene Asa Carr on an August 1881 mission to arrest Noch-ay-del-klinne.†

This incursion, which will set in motion dozens of untimely deaths, was entirely aggressive, justified by no act of overt hostility by the Apache. Although Cruse was writing many years after the fact, his complaints about his subalterns’ “surliness” and “new thoughts” have the ring of the boss’s know-your-placeism, as directed in this same period at social insubordination elsewhere in the American experiment — at organized labor, for example; or at Black men and women.

The army found the medicine man and took him into custody on August 30. That evening, as the troop bivouaced down for the night, Apaches began gathering ominously beyond their fringes. They were visibly armed, and unhappy about the unprovoked seizure of Noch-ay-del-klinne; according to an oral history relayed by Tom Friday, the orphaned son of one of the men destined for the gallows in this post, “All Cibecue Indian people know that the soldiers were coming. They were ready for them. They were ready to fight. They sent word to all Indians, ‘Come, clean your guns; get ready.’ … The Indians were very angry: they had done no wrong and could not understand why the soldiers would come.”‡

Whether upon an arranged signal or merely the alert of the sort of random confrontation this situation invited, those Apaches started firing at the army camp — and as Cruse had anticipated, his scouts in the breach adhered to their people, not the flag.

The Battle of Cibecue Creek could easily have wiped out the expedition, for as one of their number named William Carter later wrote, there were at the outset of “more than 100 Indians besides the scouts in camp, and less than forty dismounted men engaged in a hand-to-hand conflict.”

In averting catastrophe, Carr was one of four U.S. soldiers to earn the Medal of Honor for gallantry in the battle, repulsing the hostiles from the camp and scrambling his surprised men to hold off any further attacks until night dispelled the combatants. He also had Noch-ay-del-klinne summarily shot during the fight. Carter again:

Before leaving the field Colonel Carr sent Lieutenant Carter to examine the body of the Medicine Man and determine if life was extinct. Strange to say, notwithstanding his wounds [he’d been shot in the head -ed.], he was still alive. The recovery of this Indian, if left in the hands of his friends, would have given him a commanding influence over these superstitious people, which would have resulted in endless war. Colonel Carr then repeated the order for his death, specifying that no more shots should be fired. Guide Burns was directed to carry out the order with the understanding that a knife was to be used. Burns, fearing failure, took an ax and crushed the forehead of the deluded fanatic, and from this time forward every person murdered by these Apaches was treated in a similar manner.

Carr’s bloodied expedition proceeded that night upon a forced march for the safety of Fort Apache, reaching it the following afternoon — although “many of the Indians had preceded the command, and all night they were haranguing in the vicinity. They covered the roads and trails, and killed a number of citizens.” The fort came under a brief siege in the ensuing days, and hostilities in the resulting regional uprising dragged on for two years, concluding with the outcome customary for the Apache Wars.

Four of the absconded scouts were arrested in the months ahead and tried at court-martial. (Other captured Apache who were not enlisted in the army were not prosecuted for the firefight.) A Private Mucheco was sentenced to hard labor at Alcatraz. The other three, sergeants jauntily known to the whites as Dead Shot, Dandy Jim, and Skippy,

On the appointed day, per a detailed report in the New York Herald (March 4, 1882),

Wagons of all descriptions loaded with men anxious to see the execution of the Indian scouts, Dead Shot, Dandy Jim and Skippy, came pouring into this place from Wilcox, Thomas, Safford and all points from very early this morning. The time not being known at which the event would take place, there was a state of suspense until the moment arrived for the execution. The gallows was erected in front of the guard house and was fourteen feet high, with a platform six feet four inches from the ground and a distance of seven feet four inches from the floor to the gallows pole. The whole measured twelve feet in length by eight feet wide. The rope used was three-quarters of an inch thick and the drop was four feet six inches.

Dandy Jim, from this forum thread.

[On the scaffold] Dead Shot said he had nothing to say. What was being done was correct. He would probably meet his people. He had suffered much in this world and now he was through and would see his people. Since he first saw white men he had been well treated. He had plenty to eat and plenty of clothes, but this day paid for all he got from the white men. He also said Dandy Jim was a nephew and Eskiticha, or “Skippy,” a cousin of his. He had seen a good many of his people die and did not know where they went, but he was going to follow. He thought there was no use in dressing an Indian up as he was and then hanging him. When he came into San Carlos, if he had done anything wrong, he would not have given himself up, yet he gave up his rifle and the twenty rounds of ammunition that were furnished him at Camp Apache.

Dandy Jim said he had to be hanged, as such were the orders. He could not talk much. It was no use to beg for his life, as people would only laugh at him for his trouble. Eskiticha said: — “The sun is going down, and God is looking after me.” He did not think they were doing right, as he had never done anything to warrant being hanged.

The chaplain, Rev. A.D. Mitchell, then repeated a short prayer, which was interpreted by Merijilda, when all retired from the scaffold, except the hangman, a military prisoner. The black caps were then placed over the heads of the men, and at one o’clock the drop fell. Death was instantaneous in the case of Dead Shot and Eskiticha; Dandy Jim quivered once or twice. After being allowed to hang about twenty minutes they were cut down and pronounced dead by the doctors.

* The same date as an unrelated Mississippi double hanging, previously covered in these pages.

** According to John R. Welch, Chip Colwell-Chanthaphonh and Mark Altaha in “Retracing the Battle of Cibecue: Western Apache, Documentary, and Archaeological Interpretations,” Kiva, Winter 2005. Noch-ay-del-klinne had some exposure to Christian doctrine, which seems present in his own movement’s interest in resurrection.

† Also in the scouting party for this mission was famed frontiersman and eventual Executed Today client Tom Horn.

‡ Thomas Friday’s full account of this affair — which is a second-hand version, since Friday himself was a small child at this time — comes courtesy of William B. Kessel in “The Battle of Cibecue and Its Aftermath: A White Mountain Apache’s Account,” Ethnohistory, Spring 1974.

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