Category Archives: Murder

1858: Qualchan

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“Qualchan came to see me at 9 o’clock, and at 9:15 he was hung.”

–George Wright

It was this morning in 1858 that the gaily dressed Yakama Indian guerrilla Qualchan turned himself in to his Anglo hunter, and was promptly put to death.

Wright was prosecuting the Yakima War in the Pacific Northwest — another characteristic Indian conflict featuring a formerly remote tribe suddenly cursed with valuable land by the discovery of gold.

Qualchan (sometimes “Qualchen”, “Qual-Chen”, or “Qualchien”) was among the Yakima chieftains resisting “encouragement” to give up that part of their territory most desirable to white settlers, and eventually, Qualchan killed encroaching white miners and made himself an outlaw.

For more than two years, the army hunted Qualchan in vain as he harried white settlers around Washington — or, as Wright put it,

Qual-Chen … has been actively engaged in all the murders, robberies, and attacks upon the white people since 1855, both east and west of the Cascade Mountains … committing assaults on our people whenever the opportunity offered.

Late in the game, the American military had been reduced to a Bushian with-us-or-against-us posture:

Kamiakin and Qualchan, cannot longer be permitted to remain at large or in the country, they must be surrendered or driven away, and no accommodation should be made with any who will harbor them; let all know that asylum given to either of these troublesome Indians, will be considered in future as evidence of a hostile intention on the part of the tribe.

The expedient that induced this potent commando to throw his own life away was the capture of Qualchan’s father, Owhi, rather dishonorably effected on an invitation to parley, then parlayed into a threat to execute the hostage lest the wanted Yakima produce himself.

“I thought then the worst that could happen would be a few months’ imprisonment,” remembered Qualchan’s wife (who was also present). “You may imagine my terror and consternation when I saw that they were making preparations to hang my husband. I first thought it was a huge joke, but when I saw the deliberateness of their preparations, the fullness of their treachery and cowardice became apparent.”

And since the U.S. was maintaining that draconian view of Qualchan’s collaborators, Wright followed up his triumph with summary hangings over the next several days of several more Palouse. By the month’s end, he was prepared to declare the Indians “entirely subdued.”

Wright’s rough peace caused the nearby creek in eastern Washington to be christened “Hangman’s Creek”, though there’s been a tendency to steer away from that frightful name in recent times. But what better way to honor an indigenous foe of colonial land conquest than by naming a golf course for him?

The unfolding fate of the Yakimas is further explored in the public-domain book Ka-mi-akin, the last hero of the Yakimas, whose title character was Qualchan’s uncle.

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1913: Ernest Austin, the last hanged in Queensland

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On this date in 1913, Ernest Austin was hanged at Brisbane’s Boggo Road Gaol — the last person to suffer that fate in Queensland.

Austin stalked an 11-year-old girl down a dirt road — one that inconveniently recorded the distinctive prints of his heel-less boot — and raped and murdered her.

This “mental deficient” (“The State Slays Its Own Creation,” headlined an anti-death penalty newspaper, alluding to Austin’s institutionalized upbringing) was resigned to his fate even prior to conviction. Resigned enough to hurry it along.

Witness opened the cell door, and found accused standing with an upturned cell bucket by his side. O’Callaghan shook out all the blankets, and found a rope plaited of three strips torn off a blanket. Witness said to accused:—”You should not do anything rash.” Accused replied:—”I will be hanged anyhow.” Witness then said:—”You are not found guilty yet.” Accused said:—”I admit I murdered the girl.”

Little wonder the government wasn’t interested in clemency.

Nine years later, Queensland became the first Australian state to abolish the death penalty.

Austin’s ghost is supposed to haunt Boggo Road Gaol to this day, even though the section of the prison where he died has long since been demolished. The haunting story seemingly rests on an urban legend that Austin was some outsizedly diabolical creature and not the run-of-the-mill pathetic malefactor that a century’s perspective might suggest.

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1902: Ernest Loveswar, the last hanging in Meade County

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From the public-domain (1924) The Black Hills trails : a history of the struggles of the pioneers in the winning of the Black Hills by Jesse Brown and A.M. Willard:

BRUTAL DOUBLE MURDER

In the year of 1902, a couple of young men from Sioux City, Iowa, located on a homestead in eastern Meade county, South Dakota, and there they had built a cabin, fenced their claims and were making great efforts to establish for themselves a home out on the broad prairie. They were fine, industrious and honorable young fellows and at odd times worked among the ranchmen in the neighborhood in order to make the money for their several needed improvements.

In the early days of the west the latch string was hung out and everybody that came to the home of the man on the prairie was welcome whether the hour of coming be day or night.

On the 4th day of June, 1902, William Horlocker came riding into Sturgis upon a foaming horse and reported to the sheriff, John Smith, that the day before upon going to the cabin occupied by the men, George Puck and Henry Ostrander, he noticed that the door was ajar and in walking in he found before his startled eves the evidence of a foul murder and in going to the bed in the room he found it occupied by two forms who were strangely still beneath the covers. He turned the covering down and beheld their faces smeared with blood and crushed in a horrible manner. As investigation by the authorities failed to disclose any immediate clue but on the 6th day of June, 1902, a young half breed Indian had attended a picnic at Whitewood and had passed to one of the merchants in that little town a check for 125.00 drawn upon a Rapid City bank, made payable to Ernest Loveswar and purporting to have been signed by George Puck. The next day the check was returned to Whitewood by the Rapid City bank on the grounds that it was an absolute forgery. The cashier of the Whitewood bank thereupon called up Henry Perkins, cashier of the Meade County Bank at Sturgis, who immediately reported this information to Jesse Brown, acting deputy sheriff. Brown at the time was alone in town as both the sheriff and deputy were absent on other duties and he immediately proceeded to ascertain the whereabouts of the Indian, Loveswar, as he realized the check was an important clue pointing to the Indian as being implicated in the murder. Before he had proceeded very far he was met by Mr. Smith, the sheriff, who was returning from the inquest and who upon learning of the news from Brown decided to rest his horses and proceed out into the country in search of the Indian.

Accordingly Smith and Brown, after a change of teams went to the Smith ranch on the Belle Fourche river, made another change of teams, and then after a night of travelling arrived at the place where they expected to find the man, Loveswar. Here, hiding their team behind some bushes just about sunup they quietly proceeded to the house, each one to take a separate door to prevent the escape of the Indian if any attempt should be made. There happened to be but, one door leading into the kitchen and as they came quietly without warning they greatly frightened the lady who was preparing breakfast. Paying no attention to her screams. Brown quickly moved to an adjoining room where he soon had Mr. Loveswar under arrest as he had left his guns in the kitchen. A close search of the Indian failed to reveal anything that would connect him with the crime. However, the Indian was taken along Avith the two men and a stop was made for a time at the Jewett’s road house where Sheriff Smith, who had not been asleep for two days and nights rested for awhile. While he was resting Mr. Brown did not ask the Indian any direct questions as to his knowledge of the crime but volunteered the information that the party, whoever it was, that had committed the deed made a mistake. The Indian thereupon became interested and asked in what way and Brown replied, “In not burning the cabin.” This had the effect of causing the Indian to appear to be very much occupied in deep study and convinced Brown that he had the right man.

The next day the prisoner was taken to the sheriff’s office in Sturgis and very closely examined and questioned but he denied any knowledge of the crime whatever. He was finally asked where he was on the night of the murder and he replied, “At the Pete Culbertson ranch and that no one had seen him because it was late and he had slept in the barn.” The officers told him that two cowboys slept in the barn that same night and that no one else slept there, and in this way several other excuses volunteered by the Indian were rebutted until finally he weakened, broke down and cried and admitted killing the two men.

In his confession he told that he went to the home of the boys and asked them to permit him to stay all night. They told him to come in and gave him a cot to sleep on and he waited until they were in a deep sleep then he quietly took Puck’s gun from the wall, placed it to Puck’s head and his own gun to Ostrander’s head and then pulled the triggers of both guns at the same time. Then he procured an axe and crushed the skull of Ostrander but spared the head of Puck. After covering the faces of the dead men with the blankets he carried Puck’s gun away, but on the road near a Cottonwood tree he threw it away.

The gun was later picked up by Frank Smith and Doctor McSloy. In due course of time a charge of murder was placed against the Indian to which he entered a plea of guilty but Judge Rice refused to accept the plea and ordered that a regular trial be held. States Attorney McClung introduced the evidence on the part of the State and Michael McMahon appeared for the defendant. The evidence on the part of the State of course was mostly circumstantial and the defendant on the other hand had no witnesses except himself. He took the witness stand and denied everything and claimed that the confession had been obtaind by duress and that he had been annoyed and bothered so that he did not remember what he had confessed to but the fact that he had told where the gun he had taken from Puck might be found and that the gun later was found just where he said it would be, and despite the fact that he explained the possession of the check as being the difference paid to him in a horse trade made with Puck whom he claimed wrote it out in the field, explaining the difference of the check signature and the original signature on file at the bank, the jury after retiring brought in a verdict of ”Guilty” and placed the penalty at death.

Also see this auction lot of Loveswar hanging photos.

Thereafter on the 6th day of August he was sentenced to be hanged on the 19th day of September, 1902.

The sentence was duly carried out on that day before a number of invited officials and within an enclosure erected at the side of the court house. This was the last legal hanging in Meade county.

The Indian made out and delivered to Jesse Brown the following written confession : “I am going to write just what I have done in this matter, just the truth so that you all may know. Well, I had a quarrel with Ostrander. I come pretty near having a fight with him. It was about a girl but I will not tell who the girl was but he said he would take her away from me. I waited to get him alone but they were always together so I had to kill both of them. I had nothing against Puck. Well, I went to that house about dark. They said, ‘Stake out your horse and come in.’ I did just that and went to bed. When they were asleep I get up and take Puck’s gun off the wall, held guns in each hand, placed one to Puck’s head and one to Ostrander’s head and pulled both triggers. The thing was done. I ain’t got time to look things around the house. I looked for money but found none, I get blank checks and gun. Now this is all.”

(Signed) “Ernest Loveswar.”

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1870: Jacob Wallace, Henry Coston, and Moses and Peter Newby

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The Daily Cleveland Herald, September 22 1870

THE VIRGINIA GALLOWS HORROR.

Tortured by a Bungling Hangman — Half Executed with a Rotten Rope — A Monster under the Gibbet.

The four negroes who were hanged on Friday last at the Court House of Isle of Wight county, Virginia, were convicted of the murder, under most brutal circumstances, of Josiah P. Grey, a citizen of that country, in December last. Six negroes were implicated in the crime, named respectively, Guyanetta Mears, Alfred Bunckley, Moses and Peter Newby, alias Lawrence, Jacob Wallace, and Henry Coston, alias East. The last five were immediately arrested, Mears having either effected his escape in a somewhat miraculous manner, or, as it is rumored, having been lynched by his captors. The five taken were tried at the August term of Isle of Wight county. Bunckley having turned State’s evidence, escaped, but by their own confession of complicity in the killing, four of them were condemned to be hanged. The Norfolk Virginian gives this account of the execution:

About 12 1/2 o’clock the officers entered the cell in which the prisoners were confined, and striking off their iron shackles, tied their hands behind their backs, at the same time telling them they could make any communication which they wished. To this no satisfactory answer was returned, and the condemned continued chanting their prayers for mercy from on high. As soon as the pinioning was performed, the condemned were marched out of the jail on the steps and upon the scaffold.

They walked firmly and undoubtedly, with one exception, Moses Newby, who shook as if in an ague fit, and were ranged in the following order: Peter Newby, Henry Coston, Moses Newby, and Jacob Wallace. The fatal nooses were then adjusted, when the Sheriff read the death warrant and sentence of death. The prisoners were informed that they could have an opportunity of saying a few words each.

The feet of the condemned having been pinioned upon their first taking their stand upon the scaffold, as each one ceased to speak the black cap was drawn over his head, and when all had finished, the scaffold was cleared of all but the condemned and at exactly 1 o’clock, at a signal from Deputy Sheriff Ely, the prop was pulled violently away, and the drop fell.

Then ensued a scene the recital of which we would willingly spare our readers, and a repetition of which we earnestly hope it may never be our lot to witness. As the bodies fell in the drop, the two end men, Peter Newby and Jacob Wallace, both large, athletic men, snapped the rope like pack-thread, and fell heavily to the earth, apparently insensible.

The other two remained suspended; but one was hanging by only one strand of the rope, the other two having been broken by the fall. Moses Newby died instantly, his neck being broken, but Henry Coston lived for nearly ten minutes, gasping for breath, and his limbs working convulsively.

The two men on the ground lay still for a few minutes, when Jacob Wallace rose to a sitting posture and broke into prayers and supplications. Peter Newby lay a while longer, when he also sat up, but kept silent, except groans extorted by pain. Their feet were then untied, when both stood up, Newby leaning heavily against the steps of the gallows, while Wallace walked back and forth, praying intently. New ropes were procured and adjusted to the beam, the two men hanging preventing the drop being raised. At the expiration of seventeen minutes the physicians in attendance, Drs. Jordan and Chapman, examined the bodies and pronounced them both dead, when another horror was enacted which made strong men shudder and turn pale.

Instead of lowering the bodies as is always customary, the ropes were cut, allowing the ghastly corpses to fall with a horrible thud at the very feet of the two half-hanged men standing below. Not content with this, the brutal monster who officiated as hangman, an occupation which he dishonored, and who rejoices in the name of the name of [sic] John J. Murphy, descended from the scaffold, and taking hold of the rope attached to the neck of one of the dead men, drew the body by it across the yard, and tumbled it into the coffin, as if it had been a dead dog. He repeated the operation on the next one, and seemed to think that by his disgusting brutality he had done some meritorious action.

During the whole of the time this disgusting scene was transpiring, Wallace and Peter Newby, although suffering horribly from the effects of the rope around their necks, in their fall, betrayed no emotion, save that Wallace used the time in praying loud and fast. Newby looked on apparently as unconcerned as if he was not an actor in the dreadful drama.

The new ropes, which were of stout cotton cord, having been fixed, the drop was replaced and the miserable men mounted the scaffold the second time, this time never to return alive.

The condemned both spoke to the crowd around in the same strain as before, at the conclusion of which the black caps were again drawn over their heads, and at half past one o’clock the drop again fell, and the ropes proving strong enough, they were left struggling in the air. Neither of their necks were broken, and for several minutes they gave painful evidence of life by their forced breathing and the convulsive jerking of their arms and legs. They were allowed to hang for half an hour, when they too were cut down, placed in their coffins, and taken to the court-house graveyard for interment.

[editor’s note: here’s the perfunctory and much less colorful New York Times report of the incident.]

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1944: Mala Zimetbaum and Edek Galinski

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

On or about this day in 1944, Malka “Mala” Zimetbaum and Edward “Edek” Galinski were executed in the Auschwitz Concentration Camp after a failed escape attempt. Mala was 22 or 24; Edek was 20 or 21.

Mala Zimetbaum.

Mala, a Belgian Jew of Polish descent, had been living in Auschwitz for two years and had a privileged position because of her linguistic skill; she could speak about five languages and worked as an interpreter and courier. The staff trusted her and she had permission to go everywhere in camp. She often used her position to help the inmates.

Mala fell in love with Edek Galinski, a Polish gentile prisoner. He was also a longtime inmate, having been in Auschwitz since 1940. He also had the freedom to go anywhere in the camp in his capacity as a mechanic.

Sometime in the late spring or early summer of 1944, they escaped together. What they planned to do afterward is unclear; there are some stories that Mala carried documents from the camp and planned to tell the world what was happening there. How they were caught is also a bit of a mystery. According to some accounts, only one was arrested and the other went voluntarily so they could die together.

Their subsequent executions have been the subject of legend, and lives large in many memoirs by survivors of the camp. Among those who wrote about it were Primo Levi, Sara Nomberg-Przytyk and Fania Fenelon. A witness, Raya Kagan, also testified about it at Adolf Eichmann‘s 1961 war crimes trial.

All the accounts contradict each other; practically everything about the execution is disputed. Contrary to what the Wikipedia entry says as of this writing, we don’t even know whether it really took place on September 15; other dates have been suggested, including August 22. (Curiously, September 15 is also the date given for Mala’s arrival at Auschwitz in 1942.) Edek was apparently hung in the men’s camp, possibly alongside several other prisoners; Mala was executed in the women’s camp that same day. Edek supposedly tried to jump into the noose before the SS guard could finish reading his sentence, in defiance of protocol. His last words may have been “Long live Poland.” Everyone agrees that Mala slit her wrist with a hidden razor blade as she was standing before the crowd of woman prisoners waiting to be hanged. When the SS guards tried to intervene, she slapped one of them. They bound up her arm to keep her from bleeding to death. She may have been trampled to death at the execution site, but most accounts state the guards ordered some prisoners to cart her to the crematorium and throw her in alive. Several reports state that she either died on the way there, or was shot or poisoned by an SS guard who took pity on her.

According to some accounts, Mala’s last words were directed at the guard she hit: “I shall die a heroine, but you shall die like a dog!” Others say she addressed the crowd of prisoners and told them liberation was in sight, or urged them to revolt. We will never know what her final words truly were, but their meaning is clear enough.

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1962: Mack Merrill Rivenburgh cheats the executioner

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On this date in 1962, just hours before he was to face a firing squad for the murder of a fellow inmate, Mack Merrill Rivenburgh cheated the executioner with a fatal drug overdose.

It was the final escape for a prisoner who had had a lot of them: five previous stays had scotched scheduled executions, sometimes with just hours to spare, back when such stays were anything but routine. The state’s Pardons Board was a long time mulling the case.

Rivenburgh’s own suicide note complained that he was “tired of waiting, tired of the excessive delays,” which is an interesting reason to take one’s own life just before the executioner was going to do it anyway. (Rivenburgh also asserted his innocence.)

Actually, Utah had built wooden execution chairs for two men set for death a September 14 death by musketry, but didn’t manage to seat either inmate.

The other, Jesse Garcia — condemned for helping Rivenburgh slay LeRoy Varner — was granted a commutation on the evening of September 13.

As it turned out, Utah would not put another criminal to death until Gary Gilmore in 1977.

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1764: The Sirven family, in effigy

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On this date in 1764, Pierre-Paul Sirven and his wife — who lay beyond the reach of the law, in Switzerland — were burned in effigy at Mazamet, France, for murdering their daughter.

The Sirvens actually had three daughters; the purported victim, Elisabeth, was mentally unbalanced. The Protestant Pierre-Paul Sirven had had a recent run-in with the Catholic hierarchy in his native Castres, when Elisabeth was shanghaied to a convent for Catholic indoctrination under a lettre de cachet.

The Sirvens moved away to Saint Alby, near Mazamet, but when Elisabeth turned up dead in a well there early in 1762, the official presumption was that her schismatic parents had done her in to prevent her returning to the true church. It could have been that she just fell down the well accidentally, or went and committed suicide; as often in such cases, investigations commencing from a suspicion of foul play are liable to find that suspicion self-affirming.

To make matters worse, all this transpired during the dangerous run-up to the execution of Jean Calas in Toulouse, another instance where a doubtful criminal case was pursued against a Protestant.

Wisely, the Sirvens (parents and two remaining daughters) blew town.

They made it to Switzerland, where they holed up with Voltaire. Back in Mamazet, the parents were condemned to death and the other two children to exile for participating in the purported murder of Elisabeth. “This judgment was equally absurd and abominable,” Voltaire wrote.

If the father, in concert with his wife, had strangled his daughter, he ought to have been broken on the wheel, like Calas, and the mother to have been burned — at least, after having been strangled — because the practice of breaking women on the wheel is not yet the custom in the country of this judge. To limit the punishment to hanging in such a case, was an acknowledgment that the crime was not proved, and that in the doubt the halter was adopted to compromise for want of evidence.

The death sentences — further compromised by the absence of their objects — were nevertheless carried out in effigy on September 11, 1764.

Meanwhile, Voltaire turned his pen to the service of the Sirven cause; a French pamphlet he wrote vindicating both the Sirvens and Calas can be perused here. (Deadly religious persecution in France kept Voltaire quite preoccupied in the 1760s.)

After spending the decade trying to clear the family name from abroad, Pierre-Paul Sirven sensed an opening to return and gave himself up in 1769. The anti-Protestant hostility of the early 1760s had cooled by this time; the Calas execution was widely regretted.

Pierre-Paul Sirven was officially tried and exonerated in 1771, leading Voltaire to remark,

It only took two hours to sentence a virtuous family to death and it took us nine years to give them justice.

Part of the Themed Set: Executions in Effigy.

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2000: Lu Cheng, possible wrongful Taiwanese execution

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On this date on 2000, Lu Cheng was shot for murder in the Republic of China (Taiwan).

The executed man’s photograph, held by his sister Lu Jing. (Chinese source)

Lu Cheng was condemned in June 2000 for kidnapping and murdering a onetime high school classmate and the sentence executed with dispatch on the eve of the Mid-Autumn Festival.

That was notwithstanding appeals by Lu’s camp against the highly circumstantial case — and a potentially compelling alibi that had been ignored in favor of a potentially torture-induced confession. (More in Chinese here)

Lu’s family has kept up protests posthumously, and even the Minister of Justice who signed Lu’s death warrant later turned against the death penalty himself.

Cases like Lu’s have helped drive a growing anti-death penalty sentiment in Taiwan, where executions declined throughout the 2000s, eventually settling into a five-year moratorium that has only recently been undone.

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1635: Francisco de Nava, precipitating a church-state conflict

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[S]trife* [between Manila archbishop Hernando Guerrero and the Spanish governor Don Sebastián Hurtado de Corcuera] being greatly inflamed … became entangled with one of the most memorable disputes that have occurred in the islands — a necessary occasion for the sharpest encounter between the two jurisdictions, and one from which Don Fray Hernando Guerrero could not excuse himself, as it concerned the most sacred part of the ecclesiastical immunity. That was a matter in which the archbishop could not neglect to sally out with all his might, in order to comply with the obligation of a true prelate. The case was as follows: There was an artilleryman in Manila, named Francisco de Nava, who had a female slave with whom he had illicit communication, as came to the ears of the archbishop. The archbishop ordered him to remove from himself this occasion [for sin] by selling the slave-girl to another person; and had the latter placed, for that purpose, in the house of a lady who was related to Doña María de Francia, who became fond of her and arranged to buy her from the artilleryman. The latter was so beside himself over the loss of the said slave that he refused to sell her at any price, saying that he wished, on the contrary, to marry her. But Doña María de Francia so arranged matters that the slave was sold, and came into her possession with very slight effort. The artilleryman, grieved and regretful for what had happened, almost became mad, and, it having been given out that he was mad, certain violence was shown him; and on one occasion he had received a sound beating at the house of Doña María de Francia, because he had gone there to request that they should give him the slave, as he had resolved to make her his wife.

Aggrieved and rendered desperate in this way, he saw the girl pass one day in a carriage with Doña María de Francia. Going to her he asked her whether she knew him, who was her master. The slave answered him with some independence, whereupon he, blind with anger, drew his dagger in the middle of the street and killed her by stabbing her, before anyone could prevent it. All the people, both those in the carriage and those in the street, ran tumultuously [after him]; but the artilleryman escaped them all, and took refuge in the church of our convent in Manila. The governor heard of what had happened, and ordered Don Pedro de Corcuera, his nephew (who was then sargento-mayor of the camp), to take the artilleryman from the church, saying that he could not avail himself of the sanctuary of the church, as he had committed a treacherous act — although it was only a homicide, and the settlement of this question did not concern the governor. However, his action arose mainly from the anger that he felt that what had happened was in the presence of his nephew, Don Pedro de Corcuera — who, also being angered at what concerned his wife, made use of his commission with less prudence than he ought to exercise in executing such orders from his superiors. He caused the church and convent to be surrounded; and, going inside, examined everything, not excepting even the sacristy; and it is even said that he declared that, if he found the artilleryman there, he would take him out a prisoner. But not having been able to find him then, Don Pedro left the church and convent surrounded by a double guard. The governor added to that that he would not allow the religious to enter or leave, until he had hold of the refugee. The latter was finally found, and taken from the sacristy, and surrendered to the commander of artillery, in order that he might proceed with the trial as his competent judge; and he, either carried away by flattery, or in obedience to the commands of the governor, proceeded so hastily that in a very short time he condemned the artilleryman to death.

The archbishop’s provisor, Don Pedro Monroy,** bore himself on this occasion with the prudence that was fitting, and proceeded against the commander of artillery, requesting him to deliver his prisoner and return him to the church. Having been informed that the commander of artillery was a mere instrument, and that all his actions were according to the impulses of the governor, he sent three lay priests to the palace to intimate to the latter that the judge should deliver the refugee to him. The priests entered, without anyone hindering them; and finding that the governor had already retired, as it was then an advanced hour of the night, they started to withdraw in order to return next morning; but the soldiers of the guard would not permit them to leave, saying that such was the order of the governor.

The sentence against the artilleryman having been given — which it is said that the governor sent ready made out to the judge, to sign — they proceeded to execute it,† notwithstanding that the provisor proceeded to threaten censures, and to impose an interdict and suspension from religious functions [cessatio de divinis]. The governor ordered a gallows to be erected in front of the very church of St. Augustine, and the criminal was hanged thereon — to the contempt of the ecclesiastical immunity, for the [proper] place assigned for such punishments was very distant from there. The governor, seeing that the sentence was already executed, and that he had now obtained the chief object of his desire, wrote to the archbishop, requesting him to have the censures removed and the interdict raised, and the churches opened on the day of the nativity of our Lady. The archbishop, recognizing the duplicity of the governor, refused to answer that letter without first consulting the orders; and, after consulting with some of them, decided that he would not raise the interdict, since there was less inconvenience in having it imposed [even] on so festive a day, than there would be in his yielding on an occasion so inimical to the ecclesiastical immunity. However, the requests of the Recollect fathers of our father St. Augustine, who had charge of the advocacy of the nativity, had so much influence that the archbishop ordered the interdict to be removed, and it was done.


Manila’s historic St. Augustine church. (cc) image from Jun Acullador

The commander of artillery was condemned to some pecuniary fines, from which he appealed to the judge of appeals, who was the bishop of Camarines. The ecclesiastical judge refusing to admit the appeal, he threatened the royal aid of fuerza; and this question having been examined in the royal Audiencia (which at that time consisted of but the governor and only one auditor, Don Marcos Zapata), it was declared in his favor, and the appeal went to the bishop of Camarines. The latter — namely, Don Francisco Zamudio, of the order of our father St. Augustine, and a son of the province of Méjico — declared the commander of artillery to be free from the sentence given by the ecclesiastical judge. The trial of the commander of artillery had its second hearing. On that account there did not fail to result certain charges against the governor, such as his having ordered the secular priests to be detained in the guard-house; his declaration that he could not be excommunicated by anyone except the pope; and that if an order were given to him to arrest the pontiff, he would arrest him, and even drag him along by one foot (which he was proved to have said by several persons). The governor freed himself from all these charges by excuses in a manifesto which he published; but as it is not a part of my duty to examine their adequacy, I shall not do so. I shall refer the reader to the reply made to him by a learned ecclesiastic of the university of Méjico; for there is no liberty in Filipinas to enable any one to complain, or to speak his mind against what the government manipulates

–The Philippine Islands, 1493-1898 — Volume 25 of 55

* “The underlying reason for this public dissension was racial,” says this source.

The rivalry between Spaniards born in the peninsula and those born in the colonies, the creoles or americanos, affected not only the clergy but also the lay population. The Augustinians, and the Hospitaller Orders of San Juan de Ojos, San Hipolito and Guadalupe, whose members were creoles, were opposed by the Carmelites and the apostolic colleges in that country. “While legally they [both factions] were on complete equality,” writes Dr. Domingo Abella, Philippine ecclesiastical historian, “class distinctions were apparently encouraged as much as possible by the Spanish colonial policy, because the principle of divide et impera of every aristocratic system was the leading idea for the permanent subjection of the colonies.”

The rivalry reached such an extent that in 1627 the Dominican Order in Mexico refused to admit creoles into its ranks, an act which the Spanish king disapproved. In the Philippines the situation had not openly reached that extreme. The insular hierarchy managed to keep the number of creoles, mestizos and indios who were embracing the religious life down to a minimum. But the racial discrimination rankled among those born in the colonies. Archbishop Guerrero and Bishop Zamudio were both Augustinians, but the former was a peninsular, while the latter was a creole, and this was probably the reason for their taking opposite sides.

** Later exiled to Formosa.

† A letter quoted elsewhere in the same text confirms “the execution of the sentence on the night of Thursday, September six”

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1983: Jimmy Lee Gray, drunk-gassed

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Just after midnight on this date in 1983, Jimmy Lee Gray gruesomely paid with his life in the Mississippi gas chamber for raping and murdering a three-year-old.

Mississippi’s gas chamber had had a checkered history since its first usage in 1955, and with America just emerging from a long lull in executions, Jimmy Lee Gray was its first client in 19 years.

“Sumbitch took a little three-year-old girl out into the bush and he raped her,” executioner T. Barry Bruce would later explain of the man’s crime. “Then he tried to shove her panties down her throat with a stick, then he pushed her head into a little crick full of running shit and then he broke her neck. So yeah, I feel real sorry for Jimmy Lee.”

Gray was on parole at the time for the 1968 murder of his teenage sweetheart, so no — nobody felt all that sorry for Jimmy Lee, not even his mom.

But the reason that questions about the affair were being directed at the executioner (usually a party as silent in these matters as he is implacable) was that Jimmy Lee Gray’s had been drunk on the job — and the execution was a notorious horrorshow.

“Gasping” or “moaning” a recorded eleven times, Gray convulsed wildly in the Parchman death chair, slamming his unrestrained head “with enough force to shake the chamber” against a metal pole that some user interface genius had positioned right behind the death chair. The witness room was cleared eight minutes into the affair, with Gray still thrashing about.

Though the Magnolia State contended that Gray was clinically dead within two minutes, that head-smashing act disturbed everyone.

As a result, for the third time in a half-century, Mississippi switched to a newer and supposedly more humane method for killing people — adopting lethal injection for anyone sentenced to death after July 1, 1984. (Three more prisoners already condemned under the old sentencing guidelines would die in the gas chamber in the late eighties, however.)

Actual executions in the U.S. were still novel enough in the early 1980s that Gray’s made national news — albeit distinctly second fiddle to the tense Cold War escalation occasioned by the September 1 Soviet downing of Korean Air Lines flight 007.

On this day..