1600: Jean Livingston, Lady Waristoun

At 4 o’clock in the morning this day — as a favor to her powerful father to limit the public spectacle — Jean Livingston lost her head for arranging the murder of her husband just three days before.

Provoked by one beating too many, Lady Waristoun (or Lady Warriston) got a servant to murder him in his bed on the night of July 1.

Robert Weir blew town — he wouldn’t be apprehended until 1604, whereupon he suffered one of the very few instances of execution on the breaking-wheel to occur in the British Isles — but the Lady and her nurse Janet Murdo were “caught red-handed”, an actual juridical concept in Scottish law which means what it says on the tin.

They were condemned to death by burning, which dad’s pull was able to mitigate for his daughter (but not the nurse), so

scho wes tare to the Girth Crosse upon the 5 day of Julii, and her heid struk fra her bodie at the Cannagait fit; quha diet verie patiently. Her nurische wes brunt at the same tyme, at 4 houres in the morneing, the 5 of Julii.

In the exceedingly brief time — about a day and a half — between sentence and execution, Lady Waristoun was reported to have undergone a wonderous transformation. The not-uninterested report* of her confessor offers these mournful final words, a stark contrast to her defiant state just after condemnation.

The occasion of my coming here is to show that I am, and have been, a great sinner, and hath offended the Lord’s Majesty; especially, of the cruel murdering of mine own husband, which, albeit I did not with mine own hands, for I never laid mine hands upon him all the time that he was murdering, yet I was the deviser of it, and so the committer. But my God hath been always merciful to me, and hath given me repentance for my sins; and I hope for mercy and grace at his Majesty’s hands, for his dear son Jesus Christ’s sake. And the Lord hath brought me hither to be an example to you, that you may not fall into the like sin as I have done. And I pray God, for his mercy, to keep all his faithful people from falling into the like inconvenient as I have done! And therefore I desire you all to pray to God for me, that he would be merciful to me!

Then, she had her head lopped off by the maiden while at the same hour Janet Murdo, much less wept for, was burnt alive at Castlehill.

This sudden and sensational fall of an elite, and allegedly beautiful, woman obviously made quite a splash, with printed accounts feeding almost inevitably into the Scots ballad tradition.

My mother was an ill woman,
In fifteen years she married me ;
I hadna wit to guide a man,
Alas! ill counsel guided me.

O Warriston, O Warriston,
I wish that ye may sink for sin;
I was but bare fifteen years auld,
When first I enter’d your yates within.

I hadna been a month married,
Till my gude Lord went to the sea;
I bare a bairn ere he came hame,
And set it on the nourice knee.

But it fell ance upon a day,
That my gude lord return’d from sea;
Then I did dress in the best array,
As blythe as ony bird on tree.

I took my young son in my arms,
Likewise my nourice me forebye;
And I went down to yon shore side,
My gude lord’s vessel I might spy.

My lord he stood upon the deck,
I wyte he hail’d me courteouslie;
“Ye are thrice welcome, my lady gay,
Wha’se aught that bairn on your knee?”

She turn’d her right and round about,
Says, “Why take ye sic dreads o’ me?
Alas! I was too young married,
To love another man but thee.”

“Now hold your tongue, my lady gay,
Nae mair falsehoods ye’ll tell to me;
This bonny bairn is not mine,
You’ve loved another while I was on sea.”

In discontent then hame she went,
And aye the tear did blin’ her e’e;
Says, “Of this wretch I’ll be revenged,
For these harsh words he’s said to me.”

She’s counsell’d wi’ her father’s steward,
What way she cou’d revenged be;
Bad was the counsel then he gave, —
It was to gar her gude lord dee.

The nourice took the deed in hand,
I wat she was well paid her fee;
She kiest the knot, and the loop she ran,
Which soon did gar this young lord dee.

His brother lay in a room hard by,
Alas! that night he slept too soun’;
But then he waken’d wi’ a cry,
I fear my brother’s putten down.

O get me coal and candle-light,
And get me some gude companie;
But before the light was brought,
Warriston he was gart dee.

They’ve ta’en the lady and fause nouriee,
In prison strang they hae them boun’;
The nouriee she was hard o’ heart,
But the bonny lady fell in swoon.

In it came her brother dear,
And aye a sorry man was he;
“I wou’d gie a’ the lands I heir,
O bonny Jean, .to borrow thee.”

“O borrow me, brother, borrow me–
O borrow’d shall I never be;
For I gart kill my ain gude lord,
And life is nae pleasure to me.”

In it came her mother dear,
I wyte a sorry woman was she;
“I wou’d gie my white monie and gowd,
O bonny Jean, to borrow thee.”

“Borrow me, mother, borrow me,–
O borrow’d shall I never be;
For I gart kill my ain gude lord,
And life’s now nae pleasure to me.”

Then in it came her father dear,
I wyte a sorry man was he;
Says, “Ohon! alas! my bonny Jean,
If I had you at hame wi’ me.

“Seven daughters I ha’e left at hame,
As fair women as fair can be;
But I would gie them ane by ane,
O bonny Jean, to borrow thee.”

“O borrow me, father, borrow me,–
O borrow’d shall I never be;
I that is worthy o’ the death,
It is but right that I shou’d dee.”

Than out it speaks the king himsell,
And aye as he steps in the fleer,
Says, “I grant you your life, lady,
Because you are of tender year.”

“A boon, a boon, my liege the king,
The boon I ask, ye’ll grant to me.”
“Ask on, ask on, my bonny Jean,
Whate’er ye ask, it’s granted be.”

Cause take me out at night, at night,
Lat not the sun upon me shine;
And take me to yon heading hill,
Strike aff this dowie head o’ mine.

Ye’ll take me out at night, at night,
When there are nane to gaze and see;
And ha’e me to yon heading hill,
And ye’ll gar head me speedilie.

They’ve ta’en her out at nine at night,
Loot not the sun upon her shine;
And had her to yon heading hill,
And headed her baith neat and fine.

Then out it speaks the king himsell,
I wyte a sorry man was he;
“I’ve travell’d east, I’ve travell’d west,
And sailed far beyond the sea,
But I never saw a woman’s face
I was sae sorry to see dee.

“But Warriston was sair to blame,
For slighting o’ his lady so;
He had the wyte o’ his ain death,
And his bonny lady’s overthrow.”

* Snappily titled, “A Worthy and Notable Memorial of the Great Work of Mercy which God wrought in the Conversion of Jean Livingstone Lady Warristoun, who was apprehended for the Vile and Horrible Murder of her own Husband, John Kincaid, committed on Tuesday, July 1, 1600, for which she was execute on Saturday following; Containing an Account of her Obstinacy, Earnest Repentance, and her Turning to God; of the Odd Speeches she used during her Imprisonment; of her Great and Marvellous Constancy; and of her Behaviour and Manner of Death: Observed by One who was both a Seer and Hearer of what was spoken.”

Part of the Themed Set: The Ballad.

On this day..

1931: Ernesto Opisso

On this date in 1931, a carpenter became the first Gibraltar native hanged by the British on that strategic peninsula.

Ernesto Opisso was convicted, in his second trial (the first jury hung), of murdering Marie Bassano, the true crime sensation of the day. Strangely, the elderly woman had been killed in her apartment but neither robbed nor sexually assaulted; Opisso was placed in the vicinity by a witness despite his denials, and a “maybe they got into a fight” theory sufficed to outfit him for the halter.

(Courtroom color: Opisso’s lawyer, evidently something of a functional alcoholic, got around a no-drinking-in-court rule by dipping bread in liquor. “Not drinking, m’Lord,” he replied when the judge’s suspicions were aroused. “Eating.”)

Popular dissatisfaction with the questionable verdict against a local was widespread; because nobody on Gibraltar itself would carry out the execution, a hangman had to be imported from Britain.

The London Times reported of the scene on the eve of the hanging, once all prospect of reprieve had been refused,

Scenes of wild disorder were witnessed to-night when crowds surged through the streets demonstrating against the execution fixed for to-morrow morning of a carpenter, Ernesto Opisso, who has been sentenced to be hanged for the murder of an elderly woman. It will be the first execution in Gibraltar since 1896. A reprieve was refused by the Governor in Council. The crowds thronged the streets demanding a reprieve and forced cafes and places of amusement to close. No taxis were to be had, as the drivers are on strike.

So ugly was the situation that troops turned out and are patrolling the streets armed with hockey sticks.

It was Gibraltar’s first execution of any kind since 1896 — and remains to date its last peacetime execution. (Two Spanish citizens were hanged for wartime offenses in 1944.)

On this day..

1962: Georges Kageorgis, assassin

On this date in 1962, Georges Kageorgis* was shot at Usumbura (now Bujumbura) for assassinating the charismatic national figure seemingly destined to lead the country into its postcolonial age.

“It was a bit like what could have happened in South Africa if Nelson Mandela was murdered before assuming the presidency in 1994,” said one pol later.

A prince, a pro-independence nationalist, a Tutsi who had married a Hutu and spurned a tribal leadership position lest he cast too sectarian a profile, Louis Rwagasore became prime minister in the fall of 1961 on the strength of his party‘s comprehensive electoral victory.

Rwagasore admired Patrice Lumumba. He was destined to share Lumumba’s fate.

Two weeks after his election, “the one truly popular national figure” was gunned down by Kageorgis, a Greek mercenary drawing pay from Belgian settlers who reckoned a better situation (French link) for themselves with Hutu governance. A revolution of (Belgian- and Catholic-backed) Hutu in Rwanda had had a “neo-colonial” character, according to Rene Lemarchand … and it had heightened ethnic tensions in Burundi.

With the murdered prince went ethnic cohesion; the bloody Kamenge riots of January 1962 presaged worse to come as leadership in the Rwagasore-less party collapsed. Ethnic conflict sharpened through the 1960’s, with a Tutsi-dominated dictatorship ultimately gaining control of the country and setting the stage for intermittent massacres (two classed as genocides) that haunt Burundi to this day and form part of the context for the Rwandan genocide.

Rwagasore Day — October 13, the anniversary of the prince’s assassination — is still observed in Burundi. Kageorgis’s execution date is notable for other reasons: it was the last day before Belgian authority in Ruanda-Urundi officially ended.

* This Greek newspaper gives the killer’s name as Ioannis Karagiorgis.

On this day..

1574: Gabriel de Lorges, accidental regicide

On this date in 1574, Gabriel de Lorges was beheaded in Paris for treason.

Known by the time of his death as the Comte de Montgomery (English Wikipedia entry | French) — though the title was punitively stripped from the man and his heirs, causing him to spit at the scaffold, “tell my children, if they are not able to reclaim their position, I curse them from the grave” — Lorges’ treason was going Protestant and fighting for the Huguenots in the wars of religion ravaging France.

But his claim to fame, and indeed (if quite unjustly) one of the explicit charges laid against him, was a regicide that fueled those wars and helped bring down the Valois dynasty.

The ol’ lance-in-the-eye

The vigorous 40-year-old French king Henri II seemingly had the Valois in good shape and anti-Huguenot policy firmly in the saddle.

In 1559, though, the sporting monarch put his own butt in the saddle at a joust with our day’s principal, then a captain of Henri’s Scots Guards (and a Catholic).

Gabriel’s shattered lance somehow found a chink in the king’s visor and managed to tolchock the royal gulliver just beside the eye.* After a week and a half in agony, Henri succumbed to the injury.**

Henri’s sudden death was bad news for France, because the oldest† of his seven children was only 15 years old, and feeble. He died the next year.

As the widowed Italian queen Catherine de’ Medici struggled over the ensuing decades to find a stable Valois heir among her brood, the aggressively Catholic House of Guise‡ flexed its political muscle to the resentment of the Bourbons and the Huguenot lords, and pitched France towards civil war.

Our errant knight, meanwhile, although forgiven by the dying Henri II, had despairingly retired and hurled himself into study that soon converted him to the Protestant party.

Quickly distinguishing himself as perhaps the ablest Huguenot commander, Montgomery was in Paris in 1572 during an ostensible truce for interparty dynastic nuptials when the Catholic faction sprang the St. Bartholomew’s Day massacre.

Though Montgomery was a specific target for assassination that day, he somehow managed to escape. He gave the Catholics fits for the two years left him, enough that the crown tried to buy him off. (Like most Protestants, he was distrustfully defiant after the horrors of St. Bartholomew’s Day.)

He was finally overcome in 1574; as Henri’s second son had just kicked the bucket without an heir, Catherine assumed the regency while a third boy was fetched from Poland, and got herself some gratifying but untoward revenge on the inadvertent author of her family’s unfolding ruin.

No time was lost in condemning [Montgomery] to the penalties of high treason; he was beheaded at the Greve, his body quartered, and his family degraded from their nobility. Previous to his execution, he was cruelly tortured to make him confess the existence of the late admiral‘s conspiracy, but the pain drew no such acknowledgment from him, and mangled and wounded as he was, he went to the scaffold with remarkable serenity. We have an account, given by a contemporary, of his steady attachment to his principles: “He would not confess to the Archbishop of Narbonne, who went to him in the chapel to admonish him; nor would he take or kiss the crucifix, which is usually presented to those who are being led to execution; nor in any way attend to the priest, who had been placed in the cart by his side. A cordelier thinking to draw him out of error, began to speak to him, and said that he had been abused. Looking at him steadily, he answered, ‘How! abused? and if I have been it is by those of your order: for the first person who ever handed me a Bible in French, and made me read it, was a cordelier like you; and therein I have learned the religion which I hold, which alone is the true religion, and in which, having since lived, I wish now by the grace of God to die.'”

(Some sources place Montgomery’s execution on May 27, which I believe confuses his date of death with his date of capture.)

Just like Montgomery himself, the Huguenot cause proved resistant to every policy of Catherine or the Guises; this day’s execution only screwed up the nerve of a party that had been given notice on St. Bartholomew’s Day that their lot must be to conquer or die. Since Henri II’s boys could neither, over 30 years’ time, produce an heir nor master their foes at arms, the Huguenots conquered when the throne finally passed to a Bourbon.

A public-domain biography of Gabriel de Lorges, comte de Montgomery, can be enjoyed by French-speakers here. For the English-speakers, Alexandre Dumas’ fictionalized treatment, The Two Dianas, is freely available in translation.

* French surgeon Ambroise Pare attended the dying monarch. Pare’s grim description of the king’s injuries appears in this biography of the physician, which also reports that Henri’s caregivers

secured the heads of four criminals that had been beheaded and experimented upon them with a lance in order to ascertain the probable course of the splinters.

** The fatal joust is alleged to be one of the vindicated prophecies of Nostradamus. Prophecy or no, the family had bad luck with sports; Henri came in line for the throne when his older brother dropped dead after playing tennis.

† Henri II’s immediate heir Francis II was married to Mary, Queen of Scots. After the death of her husband, she unhappily shipped back out to Scotland to contest the English throne, with unsatisfactory results.

‡ More about the House of Guise before, during and after this period from this public domain text.

On this day..

1920: Dennis Gunn, hanged by a fingerprint

On this date in 1920, Dennis Gunn’s fingerprints made history by hanging their owner for murder.

“You’ll have a job to prove it,” said Dennis Gunn when police charged him with murder.

Use of the fingerprint in forensic science had been developing over the decades preceding, and already begun to earn its bones with criminal convictions.

Dennis Gunn’s conviction marked a watershed in the mainstreaming of the youthful science, especially in New Zealand and the British Empire/Commonwealth: the first execution that hung — so to speak — on a print.

The 25-year-old was tied to the murder of Ponsonby postmaster Augustus Braithwaite because a smudge left on a stolen cashbox matched the prints Gunn had contributed to the nascent New Zealand fingerprint library when he had been convicted of evading military service two years before.

Armed with this connection, a police search of Gunn’s environs turned up the apparent tools of the crime — a revolver (with yet another matching print), a thieves’ kit, and more pilfered proceeds of the postal strongroom.

Gunn attempted to indict the reliability of the fingerprint evidence at trial, and according to the London Times (Apr. 20, 1920) he had the support in this endeavor of “public demonstrations of sympathy, men and women rushing to shake hands with Gunn.”

But it didn’t fly with the jury.*

Gunn’s condemnation, read the official report,

disposes of all attempts to question the conclusiveness of this class of evidence, and proves the truth of the remark of the Chief Justice of Australia, that a man who leaves a clear fingerprint on an object leaves there an unforgettable signature.

Law enforcement organs around the world rapidly accepted the principle.

Too rapidly? Some think so; and, in the train of a new century’s bulletproof identification technology, DNA, wrongful convictions founded on purported fingerprint matches have drawn some renewed scrutiny (pdf) to the technique that put Dennis Gunn on the Mount Eden Prison gallows this date in 1920.

* Playing for time after conviction, Gunn copped to the robbery and tried to pin the murder on a supposed confederate. No dice.

On this day..

1962: Marthinus Rossouw, for services rendered

On this date in 1962, Marthinus Rossouw was hanged in Pretoria after an unusual defense strategy failed to repel a headline-grabbing murder charge.

Rossouw shot dead Baron Dieterich Joachim Gunther von Schauroth, a rich farmer (dude was born in a castle) who had been forced into city living by a long run of drought and was known for the life expectancy-compromising habit of toting around large sums of cash.

Rossouw insisted at trial that the killing had been at Von Schauroth’s own instigation, so freighted with care was the victim’s life that he implored his younger friend to end it. The defendant hoped thereby to mitigate the sentence as a case of murder by consent.*

Whether telling the truth or not, Rossouw didn’t make a very credible witness; caught in several lies and omissions, and naturally lacking any corroborating witness to the alleged murder pact, the jury gave him no slack.

Neither did the noose.

* The proper legal handling of a case where the victim of a homicide has freely desired to die is a longstanding salami-slicing juridical problem — witness a whole chapter in an 1897 British primer on consent issues in the law.

On this day..

1867: Emperor Maximilian I of Mexico, “Archdupe”

On this date in 1867, a firing squad disabused a Habsburg heir of his pretensions to the throne of Mexico.

A little bit loopy, a little bit liberal, and fatally short of common sense, Ferdinand Maximilian Joseph* decamped from the easy life at his still-under-construction dream palace outside Trieste for an exalted title that really meant playing catspaw for Napoleon III‘s Mexican land grab.

(To assuage the pangs of imperial adventurism upon our tender-headed hero, Maximilian had been “invited” to assume the Mexican throne by a convention handpicked to do just that.)

There the puppet emperor with the silver spoon in his mouth found himself pitted in civil war against the Amerindian peasant from the school of hard knocks: Benito Juarez, one of Mexico’s great liberal statesmen.

As the tide turned in favor of Juarez and the liberals, and Napoleon’s attention increasingly fixated on problems closer to home, the French threw in the towel.

But Maximilian had too much honor or too little sense to heed his patron’s advice to get out while the getting was good; sticking it out with “his people,” he was captured in May, 1867.

Juarez desiring to give any future bored European nobles second thoughts about New World filibustering, Maximilian got no quarter.**

While Louis Napoleon emceed a world’s fair on the other side of the planet, Maximilian was shot with two of his generals, Miguel Miramon and Tomas Mejia.


Manet’s The Execution of Maximilian, showing an obvious compositional debt to Goya’s Executions of the Third of May. Further analysis: written English; video Spanish.

Maximilian’s widow Charlotte — “Carlota”, when trying to blend with her adoptive subjects — descended into a long-lived madness back in the Old World, but was rumored to have borne with one of Maximilian’s French officers an illegitimate child who would go on to become an infamous Vichy collaborator.

Books about Emperor Maximilian

This sensational affair attracted plenty of coverage in the ensuing years; as a result, there is a good deal of topical material from near-contemporaries now in the public domain. Maximilian in Mexico: A Woman’s Reminisces of the French Intervention 1862-1867 (Gutenberg | Google Books) is a zippy read.

* Brother to Austrian Emperor Franz Joseph.

** Spanish trial records are here. European appeals for clemency poured in, but Maximilian had doomed himself with the “Black Decree” of 1865, ordering summary executions of captured Republicans.

The time for indulgence has gone by: it would only encourage the despotism of bands of incendiaries, of thieves, of highwaymen, and of murderers of old men and defenseless women.

The government, strong in its power, will henceforth be inflexible in meting out punishment when the laws of civilization, humanity, or morality demand it.

Juarez answered the clemency appeal of Princess Salm-Salm with solemn words:

If all the Kings and Queens in Europe [pled for Maximilian] I could not spare that life. It is not I who take it; it is the people and the law, and if I should not do their will the people would take it and mine also.

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1987: Jimmy Glass, electrocution appellant

On this date in 1987, Jimmy L. Glass died in Louisiana’s electric chair — having come one vote short of having the device declared unconstitutional by the Supreme Court.

The 20-year-old Glass escaped from a parish jail with fellow inmate Jimmy Wingo on Christmas Eve, 1982, robbing and murdering an elderly couple in the process. Each blamed the other; both got the chair.*

But should they have?

Glass would lend his name to a landmark 1985 Supreme Court decision contesting Louisiana’s method of execution.

By a 5-4 decision, the high court held that electrocution, still at that point the country’s prevailing method of execution despite its medieval reputation for grisly botches, remained a constitutional method of inflicting death.

Liberal Justice William Brennan‘s vigorous dissent from that judgment is not for the squeamish. (For readability, I’ve added emphasis and removed the many citations in the original.)

[E]vidence suggests that death by electrical current is extremely violent and inflicts pain and indignities far beyond the “mere extinguishment of life.” Witnesses routinely report that, when the switch is thrown, the condemned prisoner “cringes,” “leaps,” and ” ‘fights the straps with amazing strength.’ ” “The hands turn red, then white, and the cords of the neck stand out like steel bands.” The prisoner’s limbs, fingers, toes, and face are severely contorted. The force of the electrical current is so powerful that the prisoner’s eyeballs sometimes pop out and “rest on [his] cheeks.” The prisoner often defecates, urinates, and vomits blood and drool.

“The body turns bright red as its temperature rises,” and the prisoner’s “flesh swells and his skin stretches to the point of breaking.” Sometimes the prisoner catches on fire, particularly “if [he] perspires excessively.” Witnesses hear a loud and sustained sound ” like bacon frying,” and “the sickly sweet smell of burning flesh” permeates the chamber. This “smell of frying human flesh in the immediate neighbourhood of the chair is sometimes bad enough to nauseate even the Press representatives who are present.” In the meantime, the prisoner almost literally boils: “the temperature in the brain itself approaches the boiling point of water,” and when the postelectrocution autopsy is performed “the liver is so hot that doctors have said that it cannot be touched by the human hand.” The body frequently is badly burned and disfigured.

The violence of killing prisoners through electrical current is frequently explained away by the assumption that death in these circumstances is instantaneous and painless. This assumption, however, in fact “is open to serious question” and is “a matter of sharp conflict of expert opinion.” Throughout the 20th century a number of distinguished electrical scientists and medical doctors have argued that the available evidence strongly suggests that electrocution causes unspeakable pain and suffering. Because ” ‘[t]he current flows along a restricted path into the body, and destroys all the tissue confronted in this path . . . [i]n the meantime the vital organs may be preserved; and pain, too great for us to imagine, is induced. . . . For the sufferer, time stands still; and this excruciating torture seems to last for an eternity.‘ ” L.G.V. Rota, a renowned French electrical scientist, concluded after extensive research that

“[i]n every case of electrocution, . . . death inevitably supervenes but it may be very long, and above all, excruciatingly painful . . . . [T]he space of time before death supervenes varies according to the subject. Some have a greater physiological resistance than others. I do not believe that anyone killed by electrocution dies instantly, no matter how weak the subject may be. In certain cases death will not have come about even though the point of contact of the electrode with the body shows distinct burns. Thus, in particular cases, the condemned person may be alive and even conscious for several minutes without it being possible for a doctor to say whether the victim is dead or not. . . . This method of execution is a form of torture.”

At least neither the juridical near miss nor Brennan’s graphic description of his impending manner of death dented Jimmy’s sense of humor. Asked for his last words, the “swaggering” inmate, already strapped in the chair, replied

Yeah, I think I’d rather be fishing.

Luckily for Carlisle United, he’s not the same guy as journeyman goaltender Jimmy Glass, who in 1999 improbably struck home one of the greatest goals in English football history.

* Wingo was put to death four days after Glass.

On this day..

1725: John Gow and his pirate crew

On this date in 1725, John Gow and seven comrade raiders hanged for piracy.

Having mutinied to commandeer a merchant vessel in November 1724, Gow managed merely a three-month career of seaboard outlawry* in European waters before an ill-fated landward raid in his native Scotland saw the ship run aground.

Captured, Gow and confederates were hailed to London to stand trial, the captain delaying matters by refusing to plead before the threat of being pressed forced his hand. The inevitable sentence came off a little … unevenly. During the hanging,

[Gow’s] friends, anxious to put him out of his pain, pulled his legs so forcibly that the rope broke and he dropped down; on which he was again taken up to the gibbet, and when he was dead was hanged in chains on the banks of the Thames.

Scottish scribbler Sir Walter Scott mined the local lore of “the Orkney pirate” heavily for his novel The Pirate.

* Exhaustingly catalogued in the Newgate calendar.

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1864: Doctor Edmond-Désiré Couty de la Pommerais, poisoner

At dawn this morning before the walls of La Roquette, a homeopath convicted of poisoning his mistress was beheaded for one of Paris’s most sensational crime dramas of the 1860’s.

The ill-fated Madame de Pauw had fallen suddenly ill and expired in the doctor’s care; means and opportunity were obvious, and motive readily adduced from the handsome life insurance policies of the expired woman.

La Pommerais was convicted on this basis of killing his paramour in the midst of a farcical insurance scam, with noted forensic scientist Ambroise Tardieu establishing to the court’s satisfaction the presence of the poison digitalin.

(One can read a detailed 1865 critique of Tardieu’s conclusions and testimony, a reminder that the criminal justice system’s struggles with the uses and limitations of forensic science are a longstanding concern. This (if one takes it as such) murder, which reads in retrospection like a classic in the genre of comedic criminality, might have been the perfect crime absent an obvious pecuniary design: the death was put down to a routine cause and only scrutinized when an anonymous tip and/or the suspicious insurance adjusters led the authorities to exhume the body 13 days after burial.)

American newsman George Alfred Townsend chanced to be abroad in Paris on this occasion, and recorded the scene as “thousands of Parisians bent their steps the night before the execution” in Campaigns of a Non-combatant — excerpted at length here for its topicality to this blog.

The news had gone abroad that la Pommerais would not be pardoned. It was also generally credited that this would be the last execution ever held in Paris, since there is a general desire for the abolition of capital punishment in France, and a conviction that the Legislature, at its next session, will substitute life-imprisonment.* This, with the rarity of the event, and that terrible allurement of blood which distinguishes all populaces, brought out all the excitable folk of the town; and at dusk, on the night before the expiation, the whole neighborhood of La Roquette was crowded with men and women. All classes of Parisians were there, — the blouses, or workingmen, standing first in number; the students from the Latin Quartier being well represented, and idlers, and well-dressed nondescripts without enumeration, — distributing themselves among women, dogs, and babies.

Venders of galeaux, muscles, and fruit were out in force. The “Savage of Paris,” clothed in his war plumes, paint, greaves, armlets, and moccasins, was selling razors by gaslight; here and there ballad-mongers were singing the latest songs, and boys, with chairs to let, elbowed into the intricacies of the crowd, which amused itself all the night long by smoking, drinking, and hallooing. At last, the mass became formidable in numbers, covering every inch of ground within sight of the prison, and many soldiers and sergeants de ville, mounted and on foot, pushed through the dense mass to restore order.

At midnight, a body of cavalry forced back the people from the square of La Roquette. A number of workmen, issuing from the prison-gates, proceeded to set up the instrument of death by the light of blazing torches. The flame lit up the dark jail walls, and shone on the helmets and cuirasses of the sabre-men, and flared upon spots of the upturned faces, now bringing them into strong, ruddy relief, now plunging them into shadow. When the several pieces had been framed together, we had a real guillotine in view, — the same spectre at which thousands of good and bad men had shuddered; and the folks around it, peering up so eagerly, were descendants of those who stood on the Place de la Concorde to witness the head of a king roll into the common basket. Imagine two tall, straight timbers, a foot apart, rising fifteen feet from the ground. They are grooved, and spring from a wide platform, approached by a flight of steps. At the base, rests a spring-plank or bascule, to which leather thongs are attached to buckle down the victim, and a basket or pannier filled with sawdust to receive the severed head. Between these, at their summit, hangs the shining knife in its appointed grooves, and a cord, which may be disconnected by a jerk, holds it to its position. Two men will be required to work the instrument promptly, — the one to bind the condemned, the other to drop the axe. The bascule is so arranged that the whole weight and length of the trunk will rest upon it, leaving the head and neck free, and when prone it will reach to the grooves, leaving space for the knife to pass below it. The knife itself is short and wide, with a bright concave edge, and a rim of heavy steel ridges it at the top; it moves easily in the greased grooves, and may weigh forty pounds. It has a terrible fascination, hanging so high and so lightly in the blaze of the torches, which play and glitter upon it, and cast stains of red lights along its keen blade, as if by their brilliance all its past blood-marks had become visible again. A child may send it shimmering and crashing to the scaffold, but only God can fasten together the warm and throbbing parts which it shall soon dissever. And now that the terrible creature has been recreated, the workmen slink away, as if afraid of it, and a body of soldiers stand guard upon it, as if they fear that it might grow thirsty and insatiate as in the days of its youth. The multitude press up again, reinforced every hour, and at last the pale day climbs over the jail-walls, and waiting people see each other by its glimmer. The bells of Notre Dame peal out; a hundred towers fall into the march of the music; the early journals are shrieked by French newsboys, and folks begin to count the minutes on their watches. There are men on the ground who saw the first guillotine at work. They describe the click of the cleaver, the steady march of victims upon the scaffold-stairs, the rattle of the death-cart turning out of the rue Saint Honore, the painted executioners, with their dripping hands, wiping away the jets of blood from the hard, rough faces; nay! the step of the young queen, white-haired with care, but very beautiful, who bent her body as she had never bent her knee and paid the penalty of her pride with the neck which a king had fondled.

At four minutes to six o’clock on Thursday morning, the wicket in the prison-gate swung open; the condemned appeared, with his hands tied behind his back, and his knees bound together. He walked with difficulty, so fettered; but other than the artificial restraints, there was no hesitation nor terror in his movements. His hair, which had been long, dark, and wavy, was severed close to his scalp; his beard had likewise been clipped, and the fine moustache and goatee, which had set off his most interesting face, no longer appeared to enhance his romantic, expressive physiognomy. Yet his black eyes and cleanly cut mouth, nostrils, and eyebrows, demonstrated that Couty de la Pommerais was not a beauty dependent upon small accessories. There was a dignity even in his painful gait; the coarse prison-shirt, scissored low in the neck, exhibited the straight columnar throat and swelling chest; for the rest, he wore only a pair of black pantaloons and his own shapely boots. As he emerged from the wicket, the chill morning air, laden with the dew of the truck gardens near at hand, blew across the open spaces of the suburbs, and smote him with a cold chill. He was plainly seen to tremble; but in an instant, as if by the mere force of his will, he stood motionless, and cast a first and only glance at the guillotine straight before him. It was the glance of a man who meets an enemy’s eye, not shrinkingly, but half-defiant, as if even the bitter retribution could not abash his strong courage … he seemed to feel that forty thousand men and women, and young children were looking upon him to see how he dared to die, and that for a generation his bearing should go into fireside descriptions. Then he moved on between the files of soldiers at his shuffling pace, and before him went the aumonier or chaplain, swaying the crucifix, behind him the executioner of Versailles — a rough and bearded man — to assist in the final horror.

It was at this intense moment a most wonderful spectacle. As the prisoner had first appeared, a single great shout had shaken the multitude. It was the French word “Voila!” which means “Behold!” “See!” Then every spectator stood on tiptoe; the silence of death succeeded;** all the close street was undulant with human emotion; a few house roofs near by were dizzy with folks who gazed down from the tiles; all the way up the heights of Pere la Chaise, among the pale chapels and monuments of the dead, the thousands of stirred beings swung and shook like so many drowned corpses floating on the sea. Every eye and mind turned to the little structure raised among the trees, on the space before La Roquette, and there they saw a dark, shaven, disrobed young man, going quietly toward his grave.

He mounted the steps deliberately, looking towards his feet; the priest held up the crucifix, and he felt it was there, but did not see it; his lips one moment touched the image of Christ, but he did not look up nor speak; then, as he gained the last step, the bascule or swingboard sprang up before him; the executioner gave him a single push, and he fell prone upon the plank, with his face downward; it gave way before him, bearing him into the space between the upright beams, and he lay horizontally beneath the knife, presenting the back of his neck to it. Thus resting, he could look into the pannier or basket, into whose sawdust lining his head was to drop in a moment. And in that awful space, while all the people gazed with their fingers tingling, the legitimate Parisian executioner gave a jerk at the cord which held the fatal knife. With a quick, keen sound, the steel became detached; it fell hurtling through the grooves; it struck something with a dead, dumb thump; a jet of bright blood spurted into the light, and dyed the face of an attendant horribly read; and Couty de la Pommerais’s head lay in the sawdust of the pannier, while every vein in the lopped trunk trickled upon the scaffold-floor! They threw a cloth upon the carcass and carried away the pannier; the guillotine disappeared beneath the surrounding heads; loud exclamations and acclaims burst from the multitude; the venders of trash and edibles resumed their cheerful cries, and a hearse dashed through the mass, carrying the warm body of the guillotined to the cemetery of Mt. Parnasse. In thirty minutes, newsboys were hawking the scene of the execution upon all the quays and bridges. In every cafe of Paris some witness was telling the incidents of the show to breathless listeners, and the crowds which stopped to see the funeral procession of the great Marshal Pelissier divided their attention between the warrior and the poisoner, — the latter obtaining the preponderance of fame.

(This attention-getting execution attracted an apocryphal story† (pdf) that the severed head of La Pommerais was subject to a “wink test” to determine whether consciousness survived the fall of the blade.)

The doctor bequeathed the world a book on homeopathic medicine, which the discerning reader of French can peruse free.

* Actually, the last execution in France was still 113 years away.

** Rashomon-like, not all observers concurred as to the event’s quiet solemnity. The New York Times reported that

[t]he language of those non-official persons who assembled to witness this expiation of a great crime was brutal to the last decree. They hissed and hooted as the convict was about to mount the ladder, and were loudest in their brutal demonstrations when the crucifix was pressed to his lips. The blade had scarcely severed his head from his body, when a rush was made to do violence to the trunk. The troops were obliged to interfere, and had some difficulty in repelling the crowd, which was excited by the sight of a ‘gentleman criminal’ to a pitch of savage ferocity … The Pays, in noticing this expiation of a great crime, states that the crowd retired in silence. But I am in a position to affirm that the contrary was the cxase.

† Put about — as a hoax? — by Auguste Villiers de l’Isle-Adam.

On this day..