1979: Jesse Bishop

On this date in 1979, Jesse Bishop was gassed in Nevada.

The third person executed under the “modern” U.S. death penalty regime — after Gary Gilmore in 1976 and John Spenkelink earlier in 1979 — Bishop was a career felon with a years-long rap sheet of armed robberies and drug crimes.

In 1977, he was engaged in his customary business of knocking over the (now defunct) El Morocco Casino when a newlywed groom left his nearby wedding reception to stage a heroic intervention. Bishop gunned down David Ballard, “like a dog.”

Like Gary Gilmore in neighboring Utah, Bishop was a resolute volunteer for taking his punishment. In his last hours he had a telephone provided him, so that resuming his abandoned appeals would be within arm’s reach at any moment he desired. Bishop never touched it.

Breezily calling the death penalty an “occupational hazard” in his line of work, he was the calmest guy in the place when they sat him down for his hydrogen cyanide sauna. Time magazine cast the scene thus:

Dressed in a crisp white shirt and pressed Levis, he strode purposefully into the freshly whitewashed chamber at Nevada State Prison, near Carson City. “He looked as if he were ready to go to a disco,” recalls TIME’s Guy Shipler, one of 14 official witnesses.

Bishop was the last person to die in Nevada’s venerable gas chamber; all subsequent executions there have been by lethal injection.

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1998: Jeremy Vargas Sagastegui

On this date in 1998, Jeremy Vargas Sagastegui completed his suicide-by-executioner.

Babysitting on November 19, 1995, for a friend in the small town of Finley, just east of the Tri-Cities, Sagastegui raped and drowned his three-year-old charge Kievan Sarbacher, then awaited the return of Kievan’s mother to shoot her dead too, along with her friend.

As a capper, he stole Melissa Sarbacher’s truck, too — but he wasn’t trying to flee. The next morning when detectives showed up at Sagastegui’s Kennewick apartment, he had his bloody clothes, his rifle, and the stolen vehicle waiting to turn over to them. From that time until he was stretched on a gurney at the Walla Walla penitentiary, he had one steadfast refrain: he wanted the death penalty, as soon as possible.

Sagastegui acted as his own attorney, and put on no defense save to encourage his jurors to end his life. “I killed the kid, I killed the mother and I killed her friend,” he advised them. “And if their friends had come over, I would’ve killed them, too.” He pursued no appeals, and fought off attempts by his mother to make legal interventions on his behalf — her arguments were that he was severely mentally ill, and had been abused as a child — and used the legal capital punishment apparatus to do himself in. There was no final statement.

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1982: Frank James Coppola, “further incarceration can only lead to my being stripped of all personal dignity”

Former Portsmouth, Virginia, cop Frank James Coppola was electrocuted on this date in 1982.

Coppola dropped appeals and “adamantly” volunteered for the mercy seat after being condemned for the 1978 home invasion robbery-murder of Muriel Hatchell. With a co-conspirator who lured her to open the door with a sham flower delivery, Coppola tied up Hatchell with Venetian blind cords, and bashed her head into the floor repeatedly to force her to yield up the hiding-places of her valuables. In the end, the felons escaped the house with $3,100 in cash plus some jewelry, and Muriel Hatchell died of her injuries.

Coppola continued to claim his innocence but he wasn’t into fighting about it. As Time magazine reported Coppola just wanted to skip to the end.

“Further incarceration,” he said, “can only lead to my being stripped of all personal dignity.” His one request: a summer date, to minimize the taunts to his two school-age sons.

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1929: Joseph Clarke, guilty pleader

In the dock of St. George’s Hall Liverpool on the 4th of February 1929, stood 21 year old Joseph Reginald Victor Clarke, arraigned on a charge of murder. When asked how he pleaded he replied “guilty”. Mr Justice Finlay asked him if he understood the effect of his plea, and having been assured that he did, donned the black cap and passed sentence of death on him. The whole trial took just five minutes to complete.

-From the March 12, 2020 Facebook post of the Capital Punishment UK Facebook page. Click through to find out why this Princeton alum, dubbed by newsmen “the boy with a hundred sweethearts”, decided to save everyone the trouble of proving him guilty of murdering one of those sweethearts’ mother …

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1955: Frederick Arthur Cross, “not a bit sorry for myself”

“I made up my mind to do away with myself and bought a tin of rat poison, but hadn’t the courage to do it. When I saw the man in the public house I got the idea that if I killed him I would be hanged. I’m not a bit sorry for myself, but I am sorry for him and I wish I’d known before this that he was married.”

Frederick Arthur Cross, depressed after his wife left him, insisting to his judge on pleading guilty to the capital murder of a stranger in a ‘suicide by executioner’ case. Cross was hanged on July 26, 1955.

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2010: John David Duty, the first pentobarbital execution in the U.S.

On this date in 2010, John David Duty reclined on an Oklahoma gurney with an apology for his victim’s family on his lips, and became a milestone: the first U.S. inmate executed using pentobarbital in the lethal injection process.

Already sure to die in prison via sentences from his 1978 convictions for kidnapping, rape, attempted murder, and robbery, Duty spared himself some time by recruiting the state to assist in his suicide.

His means of doing so was the murder of his new 22-year-old cellmate Curtis Wise, which Duty tried to tell Wise’s mother all about in a taunting letter that was confiscated before it hit the post:

Mary Wise,

Well by the time you get this letter you will already know that your son is dead. I know now because I just killed him an hour ago. Gee you’d think I’d be feeling some remorse but I’m not. I’ve been planning since the day he moved in last Friday. Tonight I finally pulled it off. Would you like to know how I did it? Well I told him I wanted to use him as a hostage. Hell he went right for it, thinking he was gonna get some smokes out of the deal. Well I tied him up hands and feet, then I strangled him. It’s not like the movies, it took awhile. But I really did him a favor as he was too stupid to live. I mean he didn’t know me 5 days and he let me tie him up like that, Please! Besides he was young and dumb and would’ve just been in and out of prison his whole life.So I saved him all the torment. I’ve been in 24 years, wish someone would have done me the same favor back then. I guess you’re thinking I’ll be punished for this. Well not likely in this county. The DA’s here are weak bitches and don’t give a damn about deaths of inmates. We’re all just scum to them. Besides I’m doing 2 life sentences so they can’t hurt me. But you can call them and tell them about this letter, but it wouldn’t do you any good. Well I’m gonna close for now and I’ll tell police in the morning about Curtis.

Even though Mary Wise argued against it in court, this horrific gambit secured him his desired death sentence — with the help of Duty’s credible vows to kill again if he didn’t get what he wanted. Perhaps entertaining second thoughts, Duty did pursue his appeals, however, and that meant that the legal journey of his case did not reach its end until almost a decade later — a new era in American lethal injection, as it turned out.

Ever since lethal injection debuted in 1982 it had taken over as the go-to execution method around the United States. But by about 2010, it was increasingly difficult to come by the first drug in the standard lethal injection “cocktail”, sodium thiopental.

The system has been adapting ever since, including switches to a variety of alternative drug combinations that sometimes have ghastly results.

And Duty’s was the very first execution* to so adapt.

To kill him, Oklahoma sedated him first not with sodium thiopental, but with pentobarbital — the very first use of this drug, which has gone on to become one of the most frequently deployed substitutes for thiopental in death chambers around the country. Although Duty fought the chemical innovation on appeal (again contradicting his original suicidal intent) pentobarbital wasn’t exactly experimental: it had been used for animal and human euthanasia for years.

“There were no apparent issues” with the execution, a Department of Corrections spokesperson said afterwards.

* Ohio on December 8 of 2009 conducted an execution using only sodium thiopental, deviating from the three-drug protocol while still using one of its standard constituents. Pentobarbital itself has also subsequently been used in single-drug executions; consult the Death Penalty Information Center for up-to-date information on the still-shifting landscape of lethal injection protocols in the U.S.

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1679: Five Covenanter prisoners from the Battle of Bothwell Bridge

From The Original secession magazine, Volume 15 (1878), reprinting a public letter that had previously appeared in The People’s Journal:

Sir, —

Our boasted freedom is not so highly prized as it ought to be because we have always enjoyed it; but our forefathers struggled hard for it, in many cases even unto death. In the long array of Scottish patriots the Covenanters in many respects stand preeminent, as they wrestled both for religious and civil liberty; and though the line of duty was often made sharp as a razor’s edge, they refused to cross it by a hair’s-breadth, lest in doing so they should deny their Master. Five of the prisoners taken at Bothwell Bridge, though they had no connection with Bishop Sharp’s death, were executed at the place where he had been killed six months previously in order to terrify others. Their lives were offered them if they would sign the bond acknowledging their appearance at Bothwell Bridge to be rebellion, and binding them not to rise in arms against the King; but they chose rather to be crushed under the iron heel of despotism than to save their lives by a sinful compliance. Their joint and individual testimonies, and also their dying speeches, breathing the fragrance of heaven, are in Naphtali, and are a spirited defence of that covenanted work of reformation which they soiled with their blood. Though unlearned, and occupying a humble sphere in society, they were indeed Christ’s nobility, and their dying words have been quoted to shew what Christianity cau do for man; but, as your space is valuable, I only crave room for one extract from the dying speech of John Clyde, who was about 21 years of age. When at the foot of the ladder, while his four brethren were hanging before him, to the assembled crowd of spectators he said —

I bless the Lord for keeping me straight. I desire to speak it to the commendation of free grace, and this I am speaking from my own experience, that there are none who will lippen to God and depand upon Him for direction but they shall be kept straight and right. But to be promised to be kept from tribulation, that is not the bargain; for He hath said that through much tribulation we must enter the kingdom. He deals not with us as Satan does, for Satan lets us see the bonniest side of the temptation; but our Lord Jesus lets us see the roughest side and the blackest. After that the sweetest thing comes, and He tells us the worst thing that will happen to us. For He hath not promised to keep us from trouble; but He hath promised to be with us in it, and what needs more? T bless the Lord for keeping me to this very hour, for little would I have thought a twelvemonth since that the Lord would have taken a poor ploughman lad, and have honoured me so highly as to make me first appear for Him, and then keep me straight, and now hath kept me to this very hour to lay down my life for Him.

These five martyrs were hung in chains to rot, but the greatest risk did not deter an aged couple from taking them down and burying tbem; and 49 years afterwards, when a gravestone was set up to their memory, some of their bones and clothes were found unconsumed. Fully 70 years ago this gravestone was broken, and for a long time the only thing to mark the place was the uncultivated bit of sward where they are resting. Yesterday a handsome and durable stone, designed from the former cue, and bearing an exact copy of its inscription, was erected by John Whyte Melville, Esq.,* the worthy and respected Convener of the County, and is enclosed by the substantial wall which he built this spring. The inscriptions are: —

Here lies Thos. Brown,
James Wood, Andrew Sword,
John Weddell, & John Clyde,
Who suffered martyrdom on Magus Muir
For their adherence to the word of God
And Scotland’s Covenanted work of Reformation.

Nov. 25, 1679.

On the reverse side: —

‘Cause we at Bothwel did appear,
Perjurious oaths refused to swear;
‘Cause we Christ’s cause would not condemn,
We were sentenc’d to death by men
Who raged against us in such fury,
Our dead bodies they did not bury,
But up on Poles did hing us high,
Triumphs of Babel’s victory.
Our lives we feared not to the death,
But constant proved to our last breath.

Restored 1877.

Andrew Gullan‘s stone, which had long been illegible, but which Mr. Melville caused to be renewed, was also re-erected yesterday in the little copse at Claremont. Mr. Melville’s munificence in this matter deserves the highest praise, and every true Scotchman must feel grateful to him.

Can Scotland e’er forget that cause, F
So dear in times long fled,
When for Christ’s Covenant, Crown, and Laws
Her noblest blood was shed?

No! — Buried memories shall arise
From out each hallowed spot, where lies,
‘Neath turf or heath-bell red,
Her martyr’d worthies. And, again,
Her Covenanted King shall reign.

Let the community show their gratitude to Mr. Melville by protecting these gravestones from thoughtless and malicious persons.

I am, &c.,

D. Hay Fleming.
St Andrews, 11th Dec. 1877.

* I believe the writer alludes to the father of novelist George John Whyte-Melville.

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1996: Larry Lonchar, bad gambler

Minutes after midnight on this date in 1996, Georgia electrocuted Larry Lonchar

Ten grand in the red on gambling debts, Lonchar in 1986 raided the home of the bookie he owed and gunned down that bookie, his female partner, and his two sons. (One of the sons survived by playing dead.)

A DeKalb county 911 call recorded the horrifying last moments of Margaret Sweat:

911: DeKalb Emergency 911.

Caller: Police.

911: What address?

Caller: [redacted]

911: What’s the problem?

Caller: Everybody’s been shot.

911: Who’s been shot?

Caller: Me — and —

911: With a gun?

Caller: Yes.

911: Who did it?

Caller: I don’t know.

911: Is that a house or an apartment?

Caller: It’s a condominium. . . .

911: Okay. Now you say everybody’s been shot, I already got you help on the way, but when you say everybody’s been shot, how many?

Caller: Uh, me.

911: Where are you shot at?

Caller: In the living room — I’ve crawled to the phone.

911: I mean what part of your body, Ma’am.

Caller: I think my stomach — they’re coming back in — please-(inaudible)

911: Who did it? Give me a description of them!

Caller: Why are you doing this. Please — (inaudible). Please, please, I don’t even know your name. Please — please Larry. I don’t even know your n –.

Lonchar had little stomach to fight a death sentence he acknowledged deserving — an execution date in 1993 had been averted only at the last moment when his brother’s suicide threat induced Lonchar to reluctantly pick up his appeals — and by the end he was holding out strangely for only a late delay. It seems that he wanted to donate his kidneys, but the wrack of the electrical chair promised to damage the tissue past using. That situation had even led Georgia lawmaker Doug Teper to introduce legislation to conduct executions by guillotine: say what you will about the iconic French razor, it’s easy on the organs.

The spectacle of legal beheadings was spared America, then and since — though who knows what may someday come of the ongoing breakdown of the lethal injection process.

Lonchar’s execution was witnessed by British human rights attorney Clive Stafford Smith, who had come to represent him: Smith wrote about the experience for the Guardian here.

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1834: Eliza Joyce, confessed poisoner

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

On this date in 1844, Eliza Joyce was hanged on the roof of Cobb Hall at Lincoln Castle for the murders by poison of her two daughters and her stepson.

She was the fifth and last woman to be publicly hanged at the castle during the 19th century, and she remains the last woman in England to be hanged for a crime she’s pleaded guilty to.

Eliza had married William Joyce, a gardener, in 1840. He had two children by his prior marriage, Emma and William Jr., and he and Eliza went on to have a daughter together, Ann.

However, Emma died suddenly in October 1841 and William took sick the following year. In September 1842 he was visited by a doctor, who prescribed medicine for him. Eliza went to the chemist’s … where she picked not that medication, but arsenic.

Her husband found out and took the poison back to the chemist’s, where they realized some of it was missing. By then William Jr.’s condition had worsened considerably and he was showing symptoms of arsenic poisoning. Before his death at Christmastime he gave a statement, confirming his stepmother had given him the arsenic. He was fifteen years old.

Early in 1843, Eliza’s baby daughter Ann also died. Eliza was charged with William Jr.’s murder, but the indictment was thrown out on a technicality. She was then re-charged with attempted murder, which at the time carried the same penalty: death. But at her trial she claimed William Jr.’s poisoning was accidental: she’d spilled some of the arsenic powder on the floor, she said, and picked it up with a spoon, and later without washing it she used the same spoon to give William his medication.

The jury bought the story and Eliza was freed in the summer of 1843.

However, in light of what had happened, her husband cast her out and she had to move into the workhouse.

Eventually, her conscience began to trouble her and she confessed she’d been guilty all along of William Jr.’s murder, and that she had also poisoned both Emma and Ann with laudanum.

When asked why she’d done such terrible things, she plaintively replied, “I don’t know, except I thought it was such a troublesome thing to bring a family of children into this troublesome world.”

By now fully resigned to her punishment, she offered no defense to the court and pleaded guilty to both girls’ murders. (She couldn’t be charged with her stepson’s murder a second time.) William Calcraft handled her execution, and (for once) he didn’t botch it; she died quickly and quietly.

The prisoner walked with tolerable firmness, being only occasionally supported; and once, when about midway on the platform, she paused for a second, and turned to take a parting glance at the sunny scenery by which she was surrounded, and, as if to bed a lingering farewell to the bright and glorious world which she had sacrificed: her face and features wore an aspect of ghastly agony which none can forget who gazed upon her. Having ascended to the top of the tower on which the scaffold was erected, her bonnet was removed, her arms pinioned, and the cap placed over her face. She then ascended the step of the gallows. The effect of her appearance on the immense crowd was awfully striking. In an instant, the hootings, bellowings, and imprecations, which ever distinguish such enormous assemblages, were hushed, and a profound stillness reigned throughout the living mass.

The Hull Packet and East Riding Times, Aug. 9, 1844

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1936: Earl Gardner

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

On this date in 1936, Earl Gardner, a “pint-sized” Apache Indian from the San Carlos Reservation in Arizona, hanged for the murders of his wife, Nancy, and baby son, Edward. Gardner had, for no apparent reason, axed them both to death the previous December.

This wasn’t his first time, either; in the 1920s he’d served seven years in prison for stabbing another man to death.

He tried to plead guilty to Nancy and Edward’s murders, but the judge refused to let him in spite of Gardner’s preference that the government should “take a good rope and get it over with.” Better to “die like an Apache” than die a little every day in prison, he said. With his heart never in his own defense, it’s no surprise he was convicted; appeals filed by his attorney proceeded against Gardner’s wishes, and without success.

R. Michael Wilson records in Legal Executions After Statehood in Arizona, Colorado, Nevada and Utah: A Comprehensive Registry:

Finding a gallows was difficult as the state of Arizona was using the gas chamber exclusively for executions, so U.S. Marshal Ben J. McKinney improvised a gallows using an old rock crusher from the Coolidge Dam project. The crusher had been abandoned within a deep gorge on the Indian reservation. A rope was strung from a crossbeam and a hole cut in the floor for the trapdoor. After there were rumors of an Indian uprising McKinney deputized a force of men and armed them to prevent any interference, and they guarded the gallows for days before the execution date.

As he stood on the contraption’s trapdoor before forty-two witnesses, Gardner was asked if he had anything to say. “Well, I’ll be glad to get it over with,” was all he could come up with. It took longer to get it over with than anyone could have anticipated. A witness recalled:

Earl went to the gallows without apparent concern and died a ghastly death. I was crouched in a corner of the crusher on a pile of gravel and damn near went through the trap after him. Earl’s shoulder struck the side of the trap and broke his fall. He hung at the end of the rope gasping … until Maricopa County Sheriff Lon Jordan, a giant of a man, stepped down through the trap and put his weight on Earl’s shoulder to tighten the noose and shut off his breathing.

When the trap sprung at 5:06 a.m., the noose slipped around to the front of Gardner’s throat, causing him to fall off-center and hit the side of the opening. His head snapped backwards but his neck didn’t break and he thrashed around for over half an hour. It wasn’t until 5:39 that his heart ceased to beat.

Earl Gardner’s death was the last legal hanging in Arizona.

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