Category Archives: Murder

1979: John Spenkelink, the harbinger

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On this date in 1979, John Spenkelink was electrocuted in Florida — the first man executed involuntarily in the U.S. since 1967.

A series of court decisions in the 1970’s had scrapped the country’s old death penalty institutions and obliged legislators to restructure the process. Now, the new architecture was in place and the decade-long hiatus in actual executions was drawing to a close.

Gary Gilmore had earned trivia-question notoriety as the first put to death under the new regime two years before, but Gilmore was always an outlier, a bizarrely active exponent of his own death who greased the skids for himself.

Spenkelink was the true harbinger. For six years, a span which seemed long then but would today rate on the speedy side, Spenkelink resisted death with every tool at his disposal. Florida officials fought just as stubbornly to kill him.

An itinerant parolee, he had in 1973 shot a fellow drifter named Joseph J. Szymankiewicz.

Spenkelink claimed that Szymankiewicz had stolen his money, forced him to play Russian roulette, and sexually assaulted him, all of which seemed within the vicious character attested of the victim. But the killing itself was clearly not a moment of passion or immediate self-defense: Spenkelink had left their shared hotel room, returned with a gun, and shot his man in the back.

In the new Court-mandated balancing act between “aggravating” and “mitigating” factors whose intent was to harmonize unfair application of the death penalty, this evident premeditation is what doomed Spenkelink. (The fact that Spenkelink committed the crime for pecuniary gain — that is, to get back his own money — also militated against him. The Clark County (Ind.) Prosecutor’s site has some legal briefs in addition to media reports on the case.)

In the larger reality not circumscribed by legal briefs, the defendant wasn’t exactly Charles Manson. More considerable than the act itself was where it occurred (North Florida) and the rootless, friendless character of its author — a “white nigger”. As Florida Supreme Court Justice Richard Ervin put it:

As usual under “discretion,’ it is left to sentencing judges to determine in particular cases who will get death. We know intuitively who will: the poor, the underprivileged, the public defender clients, the blacks and other minority people, the mentally incompetent or those holding unpopular or unorthodox ideologies. The affluent usually escape the death penalty.

…

The result here is an old story, often repeated in this jurisdiction where the subconscious prejudices and local mores outweigh humane, civilized understanding when certain segments of the population are up for sentencing for murder.

Or in Spenkelink’s epigram, which he often signed to prison correspondence, “capital punishment means those without capital get the punishment.”

The last of his 22 appeals* was rejected by the Supreme Court this very day. Ten minutes later, trussed hand and foot with each of his orifices stopped up and two shots of whiskey for the ride, Spenkelink was presented in Old Sparky to the event’s official witnesses.** It had been 15 years since the chair’s last use; prison officials didn’t remember how to operate it — but they managed to pull it off with no more than the electric chair’s average ration of gruesomeness.

Five minutes later, Spenkelink was declared dead — and the death penalty was back in America.†

* Filed by David Kendall, later to gain a measure of fame as Bill Clinton’s personal attorney during his impeachment.

** Spenkelink was gagged when the blinds were opened to the witnesses, and denied a final statement (his famous bon mot about those without the capital is sometimes mistakenly reported as his last words). Since the witnesses had not seen the prisoner brought in, rumors spread that he had fought the guards, even that his neck had been broken in the altercation and that he was dead or dying by the time the first 2,250-volt jolt hit him. This rumor in turn caused the state not only to exhume and autopsy Spenkelink, but to institute a policy of autopsying all executed prisoners … and the documentary trail created by this policy contributed to the Sunshine State’s later legal and public relations headaches with its execution protocols.

† Executions would remain freak events — one or two a year — until the mid-1980’s when they finally resumed taking place with regularity sufficient to return them to the everyday fabric of American life.

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1917: Dr. Arthur Waite, the Playboy Poisoner

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On this date in 1917, a 29-year-old former dentist took a seat in Sing Sing’s electric chair — his poisoning career nipped in the bud by woman’s intuition.

Here’s the scenario, as sketched in the rip-roaring Criminal Poisoning: Investigational Guide for Law Enforcement, Toxicologists, Forensic Scientists, and Attorneys (I’ve added paragraph breaks for ease on the eyes):

The first dentist in our collection, Dr. Waite, was a good looking raconteur, who most likely preferred playing tennis to practicing dentistry. He grew up in Grand Rapids, Michigan, and after graduating from dental school went to South Africa to practice. Waite eventually left Africa under some suspicious accusations and returned to Michigan, where he wooed and married the daughter of John and Hannah Peck.

John Peck was a millionaire pharmacist who owned a reputable drug company in the city. The newlyweds were furnished with posh accommodations in New York City by the grateful Pecks. There, Arthur spent much of his time dabbling in the area of bacteriology, and also took on a mistress.

In January 1916, shortly after Hannah Peck arrived to visit the Waits in New York, she suddenly became ill and died. Her body was immediately cremated and returned to Michigan for burial. In March of the same year, John Peck also went to New York to console his daughter and her husband over the death of his wife. He too soon became ill and died. However, before his body could be cremated an anonymous telegram was received in Grand Rapids stating “suspicion aroused, demand autopsy.” Surprisingly, the autopsy indicated that John Peck was loaded with arsenic, and an investigation ensued.

The accusing finger eventually pointed to the playboy dentist, and he was taken in for interrogation. A search of his dwelling revealed numerous bacterial cultures, as well as texts dealing with toxicology. Under interrogation, Dr. Waite changed his story numerous times. First he stated that he had obtained arsenic for his father-in-law, who wanted to commit suicide to end his grief over the loss of his wife. Then Dr. Waite claimed his own body was inhabited by the spirit of an evil Egyptian priest, who had instructed him to kill his in-laws in order to gain their wealth. Eventually, Dr. Waite felt if he told what had actually happened the courts would find him insane, so he revealed the whole story of administering typhoid, pneumonia, diphtheria organisms, and arsenic while the Peck’s [sic] were undergoing work in his dental chair.

It did not take the jury long to see through the manipulations of Dr. Waite, and they convicted him of the murders. Dr. Waite was electrocuted at Sing Sing Prison on May 24, 1917.

That decisive anonymous tip, it emerged, came from a New Jersey schoolteacher named Elizabeth Hardwick, whose father, one Dr. Cornell, was cousin to the victim. Here’s how the New York Times reported it (pdf) a few years later, ruminating on the chancy breaks that sometimes solve criminal cases:

The day after Mr. Peck’s death, Dr. Cornell called at the Waite apartment to pay his respects. Waite, with the Peck millions almost in his hands, forgot his suavity for a moment and greeted his father-in-law’s cousin so rudely that Dr. Cornell was hurt. At home that night the doctor expressed his amazement at the demeanor of the erstwhile gracious Waite.

This set the seal on the suspicions which Miss Hardwick had always harbored. Saying nothing to any one she hurried to the telegraph office and sent a telegram to Percy Peck, the murdered man’s son, in Grand Rapids.

…

“This case,” said Commissioner Faurot, “was interesting because a woman’s intuition seized upon a moment’s carelessness on the part of one of the most fiendish murderers in police records to undo the criminal. Without her, the authorities never would have investigated the case. Waite certainly would have murdered his wife and perhaps others before he got through.”

Long forgotten now, Waite — who had smooth-talked his way into New York society seemingly with designs of cutting a swath of bodies through it* — made quite the infamous figure in his day. This Times article (pdf again) from days after his arrest suggests a whiff of the case’s sensation to contemporaries.

* The authorities, who naturally had no incentive to downplay the menace of their killer, figured his wife, his mistress and his mistress’ husband were next in line — though there was also no obvious way Waite could have cashed in on the latter two.

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1820: Karl Ludwig Sand, a curious strand of German history

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Alexandre Dumas recognized the name of Karl Ludwig Sand, who lost his head on this date in 1820 in Mannheim, Germany, for the murder of the dramatist and humorist August von Kotzebue.

The assassination of von Kotzebue* worried the Prussian monarchy — then headed by Friederich Wilhelm III — and precipitated a series of proclamations, reforms, and internal struggles that finally led to a full-scale rebellion 30 years later.

A print showing Sand stabbing August von Koetzebue. Sand is reported to have shouted, “Here, you traitor to the fatherland!”

Sand was a member of a Burschenschaft,** a liberal student fraternity organization which appealed to nationalist Germans seeking a unified German nation-state, and he and others in his group regarded von Kotzebue as a plague on their cause. Von Kotzebue was then Councillor of the Russian Legation, the culmination of over a decade in the Russian civil service, and a spinmeister for the Russian regime. In 1816, while Sand was in college, von Kotzebue was tasked with managing the flow of information into the Prussian state in an effort to increase the monarch’s popularity in Germany.

At the very least, then, von Kotzebue had no love for the Burschenshaft movement from the start, which originated in the university town of Jena, and he did not hold back his criticisms in his weekly literature newpaper Literatische Wochenblatt. He casually disparaged the Burschenschaften, as this stab in the review of a novel in one of the earlier editions evidences:

Longing and love in the work is described in a way which, in the judgment of the Jenaer Recensenten, resembles a light Spring rain that is at least refreshing. That is more than one can say of the Jenaer Literature-Zeitung, which roughly resembles an autumnal rain that simply makes one wet without refreshing at all.

But the student organizations were on the rise during Sand’s time at university as a theology student, and the turbulent events in France during his final days in school were having ripple effects across the German populace. It was in this climate that a young man who was “distinguished at once by the gifts of the mind and the faculties of the soul” (as his Gymnasium rector put it) and who sought to become a pastor was drawn to the nationalistic movement. Sand’s opposition to the imperial rule of Prussia became increasingly more urgent after his studies, and he was determined to make a statement through action, eschewing what he called “simply writing and talking.” On March 23, 1819, the 22-year old found von Kotzebue in his house and stabbed him in front of several witnesses. Sand was quickly arrested and sentenced to death.†

A print depicting the Wartburg Festival of 1817, Burschenschaft colors prominently displayed. (Click for larger image.)

As a result of von Kotzebue’s murder, Prince Klemens Wenzel von Metternich set down a series of decrees, known as the Karlsbad Decrees, which sought to quell any thoughts of rebellion before they could fully ferment. The decrees limited both university activity and press activity, constraining the actions of university employees and setting down harsh restrictions on anyone who might dare question the monarch’s authority.

Sand’s contemporaries outside of Germany were hardly pleased with the death of von Kotzebue, which they saw as the precursor to a greater turmoil, and two decades of removal from the event proved a powerful force. By the time Dumas visited the site of Sand’s beheading and penned his own biography of the man, a thorough rendering of Sand’s brief life — much of it reconstructed from Sand’s writings and the memories of those who knew him — the rebellion of the Burschenschaften was once again afoot, this time with permanent consequences for the German people.

In the end, nationalism and constitutionalism were not the panaceas Sand and other Burschenschaefter may have liked. While Sand would hardly have counted as a Nazi (his Puritanical theology would have fallen on deaf ears in that regime), he would have recognized that group’s near-religious fervor of the public book burnings anti pro-German sentiments as a distant echo of the Burschenschaft’s Wartburg Festival.†† Indeed, the so-called Third Reich could never have existed without the Second Reich, whose seeds Sand and his fellow nationalists were sowing a half century early when his fateful date with the axe arrived.

* The name is also spelled “Kozebue” by some sources.

** The Burschenschaften were roughly based on the Lützow Free Corps, an academic paramilitary group which fought during the Napoleonic Wars. During their height of popularity, the Burschenschaften adopted the black-red-gold flag that was reclaimed by the Frankfurt Parliament in 1949 to be the official German flag.

† In the end, Sand and von Kotzebue were buried at the same cemetery.

†† The Wartburg Festival, held in 1817, was a celebration of Martin Luther’s proclamation against the church. An interesting discussion of the appeal of such festivals to the students of the day is given in The Course of German Nationalism: From Frederick the Great to Bismarck.

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2004: Case Study: Kelsey Patterson

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The case of Kelsey Patterson, who was executed in 2004, is one of the most compelling examples of what can happen when the mental health system fails to provide adequate care and in doing so, puts the public at risk. For more than two decades, Patterson struggled with paranoid schizophrenia. His severe delusions and elaborate conspiracy theories led him to commit several irrational and motiveless assaults. Yet instead of investing resources in a long-term treatment plan, the state of Texas largely left Patterson to his own devices, until one day his mental illness pushed him to the point of no return.

A Cycle of Illness, Violence, and Neglect

Kelsey Patterson spent much of the 1980s in and out of two state mental hospitals. His condition would be stabilized, but would deteriorate once he was removed from psychiatric care. According to a Houston Chronicle from 11 August 2002 (“Mentally Ill Killer’s Life on the Line”), when he stopped taking his medication, he would become belligerent. An earlier article in the same newspaper (“Is Mentally Ill Death Row Inmate Sane Enough to Die?”, Houston Chronicle, 14 November 1999) noted he was “left half-treated and unsupervised by the state for years despite a history of psychotically inspired, near-fatal assaults.”

Kelsey Patterson: Not all there.

In 1980, Patterson shot and wounded Richard Lane, a Dallas co-worker who he believed was conspiring against him and attempting to poison his food (it was Lane’s first day on the job). Lane survived and Patterson was sent to the maximum security unit at Rusk State Hospital, where he was found incompetent to stand trial and diagnosed with schizophrenia. Although restored to competency through treatment, doctors determined that he had been unable to conform his conduct to the law, a key provision of Texas’ insanity statute at the time. Prosecutors dismissed the charges, deeming him insane at the time of the crime.

In 1983, Patterson shot and wounded a co-worker in his hometown of Palestine in another motiveless, delusional assault. Again he spent months at Rusk State Hospital before being restored to competency. Once again he was found unable to conform his behavior to the law, and the attempted murder charge was dismissed.

Back in Dallas in 1986, he assaulted yet another co-worker and was sent to Terrell State Hospital. As with the previous incidents, no charges were filed because of his mental health status. He was hospitalized once more in 1988 after reportedly threatening family members and complaining that people were trying to poison him. That hospital stay lasted only 34 days.

Throughout this period, Patterson denied that he was mentally ill, would stop taking his medications, and refused to comply with treatment plans. His delusions continued to worsen, and he believed that everyone was out to get him, particularly “the authorities.” According to his brother, he sometimes would tape the edges of his windows and doors to determine if anyone had come in the room. He also heard voices talking to him through the walls and over the loudspeakers during his time in jail.

On September 25, 1992, just days after his brother once again tried to have him committed to a psychiatric facility, Patterson walked a short distance from his home to a local oil supply business in Palestine, where he shot and killed both the owner, Louis Oates, and his secretary, Dorothy Kay Harris, at whom he screamed “You ain’t going to get away with it.” After the shooting, he put down the gun, stripped to his socks, and paced, shouting incomprehensibly until the police arrived. As with his previous assaults, there seemed to be no real motive or explanation for the crime – Patterson had only a casual acquaintance with the victims. Yet in this instance, the state not only decided to pursue charges but also to seek the death penalty, arguing that Patterson met the new legal standard of sanity, which merely required the defendant to know that his conduct was wrong. The ability to conform one’s conduct to the law was no longer part of the insanity defense in Texas. By all accounts, however, Patterson’s delusional beliefs were the same as always.

Excerpt from a 13-page letter from Kelsey Patterson to the Texas Court of Criminal Appeals. (Image owned by author.)

 

Patterson’s Competency Hearing and Capital Trial

At his competency hearing, two physicians did not dispute his mental illness but declared Patterson to be competent to stand trial. Dr. James Grigson – who had diagnosed Patterson with schizophrenia 12 years earlier – reversed course and testified that in this latest assault, Patterson had been sane at the time of the crime. He had spoken with Patterson for less than five minutes and had not conducted a comprehensive evaluation, yet was absolutely confident in his assessment.*

Against the advice of his attorneys, Patterson took the witness stand during the hearing and rambled about the conspiracies against him. He offered this explanation for his behavior:

They have some type of implant devices that they used on me in the military, which I receive. Like the device that they put in the inner ear in which they can send subliminal message and make a person act beyond their controllability to know you have taken an action.”

The jury found him competent to stand trial, in spite of the clear evidence that he did not possess a rational or factual understanding of the proceedings against him and was unable to consult with his attorneys, whom he believed were plotting against him. Patterson was constantly removed from the courtroom during his trial because of his disruptive behavior and outbursts about the devices implanted in his body. The jury rejected his insanity defense, found him guilty of capital murder, and sentenced him to death.

A Permanent Stay of Execution

During his time on death row, Patterson consistently maintained that he was the victim of an elaborate conspiracy, and he wrote rambling, incoherent letters to court officials, his family, politicians, and others. He refused to meet with mental health professionals or his lawyers, which made it impossible to formally assess his competence. Both state and federal courts upheld his conviction and found him competent to be executed. In November 2003, the U.S. Supreme Court refused to hear his appeal and the state set his execution for the following May.

Upon learning of his execution date, Patterson’s letters referred to a “permanent stay of execution” that he said he had received on grounds of innocence. Competency for execution requires an inmate to be aware of the impending execution and the reason for it.

On May 17, 2004, the Texas Board of Pardons and Paroles issued an extremely rare recommendation of clemency for Kelsey Patterson because of his mental illness; the vote was 5-1 and was only the second such recommendation in the board’s history. Governor Rick Perry rejected the recommendation, however, “in the interests of justice and public safety.” Kelsey Patterson was executed on May 18, 2004, delusional until the very end, as evidenced by his incoherent last statement:

Statement to what? State what? I am not guilty of the charge of capital murder. Steal me and my family’s money. My truth will always be my truth. There is no kin and no friend; no fear what you do to me. No kin to you undertaker. Murderer. … Get my money. Give me my rights. Give me my rights. Give me my rights. Give me my life back.

For more information on death penalty cases involving mental illness, go to http://www.tcadp.org/index.php?page=mental-illness or visit http://preventionnotpunishment.blogspot.com

* Dr. Grigson was known as “Dr. Death” because his testimony was instrumental in sending so many people to death row. He later was expelled from the American Psychiatric Association and Texas Society of Psychiatric Physicians because of his unethical, unscientific testimony in such cases.

Kristin Houle is a 2007 Soros Justice Fellow based in Austin, Texas.

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1955: Leslie George Hylton, a better bowler than liar

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On this date in 1955, Test cricketer Leslie George Hylton was hanged in Spanish Town, Jamaica, for murdering his wife.

Hylton represented the West Indies in six grueling Test cricket matches in the 1930’s. (Career statistics.)

And apparently he had a thing about adultery, because when he found out his wife was having an affair, he shot her dead. Trying to shoot himself, he told John Law, but his alibi was even worse than his aim: she’d been shot seven times, meaning the fast bowler had reloaded.

Hylton is the only Test cricketer known to have suffered the death penalty. Fans took his death in stride:

Australia were touring the West Indies, and when the Jamaican opener JK Holt followed a run of low scores by dropping two catches in the Test at Bridgetown, a play card urged “Save Hylton, hang Holt.”

Cricket officialdom, though, kept such a stiff upper lip that Hylton’s obituary in its leading publication managed not to mention that his passing had involved a noose.

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1916: Jesse Washington lynched after conviction

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Lynching is such a vile word. Likely taken from the name of Captain William Lynch of Virginia (circa 1780), the term for administering justice while dispensing with a trial had, by 1916, long since taken on its more common meaning of a white-on-black public killing.

But Jesse Washington‘s case defies this simple definition, straddling the line between state execution and an unrestrained populace. Washington’s brutal lynching at the hands of a white mob in Waco, Texas, on May 15, 1916, clearly fits the definition, and the particularly grisly details of his demise conjure all-too-familiar images of violent racism in the pre-Civil Rights South; but in another more disturbing way, Washington was effectively executed, his punishment carried out not by the state of Texas, but by the people themselves.

Jesse Washington’s charred corpse after the lynching.

Washington was born in 1899, a black farmhand who may or may not have been mentally retarded.* While his life is not well-documented, his death most certainly is. Washington was arrested on May 8 of that year for the rape and murder of Lucy Fryer, the 53-year old wife of a well-to-do cotton farmer. Fryer was found bludgeoned to death. Washington was spared for a week by the Waco sheriff, who successfully took him into custody before a pre-trial mob got their hands on him; Washington was then sent to Dallas for holding to prevent a local incident. To appease the mob, he was transferred back to Waco and tried for the crime just one week later.

It’s unclear whether Washington was guilty — evidence is scant and the trial lasted just one hour, but Washington appears to have had ample opportunity to perpetrate the act and is purported to have confessed — but his guilt or innocence in the matter was not on the mob’s mind. On May 15, the well-attended trial ended, and in four minutes, the jury reached its guilty verdict. Before the 17-year old could be sentenced, and with little or no resistance offered by any of the various legal entities in the courthouse, several hundred of the onlookers (some brandishing weapons) rushed Washington and carried him out the doors. Outside, a larger crowd waited to beat and castrate him. A chain was thrown around Washington’s neck, and he was dragged to the town square, where he met an immense crowd as well as the pile of dry goods boxes that was to be his end.

A Fred Gildersleeve image of the lynching of Jesse Washington.

By some estimates, up to 15,000 (mostly white, though not exclusively white) people watched the horrible events unfold; without question, Waco’s mayor as well as several other public officials watched from their second-story perch at town hall on one side of the square. Washington was tossed onto the boxes and coal oil was poured over him. The other end of the chain was thrown over what has become known as the Hanging Tree, and the fuel below Washington’s feet was set ablaze. Immersed in the flames, he attempted to climb the blisteringly hot chain multiple times, each time to be lowered back into the cauldron. It’s unclear how long Washington was alive, but the event lasted more than an hour, after which his fingers and teeth were claimed as souvenirs, his body parts were separated from the torso, and the remains of Washington were dumped in a bag so they might be dragged once more through the Waco streets.

Also watching from the mayor’s position was a cameraman who wanted to sell photographs of Washington’s charred corpse as postcards. Fred Gildersleeve snapped a series of images which would briefly make Waco the most shamefully famous city in the nation. Gildersleeve’s work paints a portrait of a town possessed by spite and uncontrolled rage: thousands of white spectators standing about the burning body of Washington from above, then hundreds of blacks gathered around his burned and brutalized remains from ground level. Others took pictures as well,
some more disturbing than others.

A complete and startlingly brutal account of this murder is given by Patricia Bernstein in her 2005 book The First Waco Horror: The Lynching of Jesse Washington and the Rise of the NAACP, which also tracks the increased viability of the NAACP in the wake of the slaying. What makes this case noteworthy for this column, though, is that Washington was found guilty prior to his lynching, and he would doubtless have received a state-supported death sentence. At the time, Texas law would have allowed for a public hanging; presumably, the spectacle surrounding Washington’s execution would have been just as significant (though not nearly as gruesome). Instead, vigilante justice was administered on the young farmhand, and his case because a linchpin for the Civil Rights movement. As with other lynchings of the time, no persons were charged in the incident, though it was obvious that there was significant planning involved and, from some of the images, that some form of self-appointed executioner actively participated in the deed.

Unlike a state-sponsored execution, though, Washington’s death raised the ire of the jury foreman, who harshly criticized the court for not protecting him. And because he was lynched, his cause was also taken up by several Northern papers, pushed into the national spotlight by NAACP secretary Royal Freeman Nash and Elisabeth Freeman.** Over 90 years later, the town of Waco is still dealing with the Waco Horror. The lynching has reared its head multiple times as many residents have pushed for a plaque to be erected on the site of the lynching, as one was for a distressingly large number of prior lynchings in Waco. Some in the town continue to resist, asserting that Washington’s guilt absolved the mob of responsibility for its act.

A postcard commemorating the lynching; written on the back: “This is the barbecue we had last night. My picture is to the left with a cross over it. Your son, Joe [Myers].”

Washington’s case raises two of the critical issues in the modern death penalty debate: culpability of the executioner (and witnesses), and cruelty of punishment. Nobody in the mob was prosecuted for the crime, and in the Waco of that day, it would have been unusual if someone had; today, we take little interest in the state executioner but would vociferously condemn such mob action. On a similar note, Washington’s death was barbaric and brutal, and few would argue that such an execution should be undertaken through legal channels, but recent Supreme Court cases have found it difficult to identify the meaning of “cruel and unusual punishment”. The debate continues in the United States, but these are two arguments, posed by Cesare Beccaria, that caused Leopold II to outlaw capital punishment in the Grand Duchy of Tuscany in 1789, and cases like Washington’s suggest they should continue at the very least to give us pause today.

* Some accounts state simply that he was illiterate, and if this is the litmus test for mental retardation in the early 1900s, around 6 percent of the population fell into that category.

** Freeman worked tirelessly to drag information from Waco’s inhabitants, her actions likely sparking papers like the local Waco Times-Herald to quickly shut the door on the case; that paper officially apologized 90 years later for its and other newspapers’ roles in venerating the lynch mob.

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1881: Not Billy the Kid

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“You will be hanged by the neck, Billy, until you are dead, dead, dead!”

“You can go, Judge, to hell, hell, hell!”

We have no source for whether William Bonney’s reply to the judge who sentenced him to hang was vindicated by the Almighty. But the judge’s sentence, due to be executed this day, assuredly never came to pass: two weeks before, Billy the Kid effected the last of his famous escapes.

The exploits of this legendary gunfighter — and his legend rather exceeds his exploits — are exhaustively chronicled online. The Manhattan-born Kid, a pup of 21 at his death, was a gunfighter in the Lincoln County War, a fight between two frontier magnates. Billy counted himself among the Regulators, a deputized posse (so it claimed, by way of legality) that was the armed militia of a murdered rancher.

Billy’s winning way with the press after his capture helped endear him to popular imagination, even after he was condemned in Mesilla, New Mexico for ambushing a lawman.

Here’s how Emilio Estevez played the crime in Young Guns:

On April 28, in a building that still stands in Lincoln, New Mexico, Bonney got the drop on one of his guards and high-tailed it out of town.

Though spared the ignominy of the gallows, Billy the Kid would not long outlive his judicially appointed hour. Lincoln County sheriff Pat Garrett found and killed the fugitive a few months later.

Ironically, this transaction darkened the reputation of the successful officer of the law — the circumstances of the killing were ambiguous, and seem less than honorable to some — while helping valorize the young outlaw who by all rights should long since have been at the end of a rope. And for this, maybe Billy’s shade has stood Garrett’s a drink or two, because a shadowy and youthful disappearance from the scene helped catapult Billy into folklore that has long outlasted the forgotten Lincoln County War.

Billy the Kid — even the name evokes the American self-image with perfect pitch — has come to so fully embody the floating signifiers of the Wild West, of America in its adolescence, that around the same time Bob Dylan composed “Knockin’ on Heaven’s Door” for the clip above (the 1973 film Pat Garrett and Billy the Kid), Billy Joel took the gunslinger for an all-purpose western motif in “The Ballad of Billy the Kid”. Joel’s song’s describes a life that seems to be just what the listener thinks it ought to be while remaining factually untrue of its titular character in almost every particular, including, in his version, a picturesque death by hanging:

The ballad form of romanticized narrative poetry suits our elusive subject well. Skip music and cinema a generation ahead and we have Guns n’ Roses covering “Knockin’ on Heaven’s Door” and power balladeer par excellence Jon Bon Jovi climbing the charts with this signature hit from the Young Guns II soundtrack:

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1987: Sadamichi Hirasawa, by old age

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There is a joke in which some tyrant, having tired of a quick-witted minister in his employ, condemns the wretch to death — but adds that, in view of past good service, the victim will have liberty to choose the method. Thinking fast, the minister chooses old age.

On this date in 1987, something like that finally happened to Sadamichi Hirasawa, who died at age 95 after 37 years under sentence of death and 32 on death row. He was thought at the time to be the longest-serving condemned prisoner in the world, and few before or since could contend with him for the “honor.”


Hirasawa’s self-portrait at age 88. From a pro-Hirasawa site, via the blog hmmm.

Hirasawa, a tempera artist of some note, was convicted and death-sentenced in 1950 for a bizarre crime known as the “Teigin Incident” in which the culprit posed as an official in the American occupation and convinced the staff of a bank to take an elixir against an alleged dysentery outbreak. The potion turned out to be cyanide, and the culprit ransacked the bank while its staff lay dying around him.

Though the Japanese Supreme Court confirmed the sentence in 1955, exposing Hirasawa to immediate execution upon the authorization of any justice minister, widespread doubt about his guilt made the case a hot potato from the start. Time magazine reported authorities hoping that he’d be conveniently killed by poor prison conditions instead of hanging — in 1963.

Hirasawa just kept living, and justice ministers just kept his death warrant on the to-do list. The infamy of the crime made it too dicey to clear him;* the potential infamy of the hanging made equally dicey to carry out the sentence. Hirasawa knew it himself. In a secret 1980 recording after a rejected appeal, he jibes, “If they think they can hang me, they should go ahead and try.”

Eventually, Hirasawa provided the rare test case of the question of whether a 30-year statute of limitations could apply to a hanging. (Answer: no.)

The powers that be must have been relieved to see him go this day, but he’s not out of their hair yet. Hirasawa’s art is still being exhibited and his heirs are still fighting to clear his name.

* Innocence theories also focus on a chemical and biological warfare unit with a serious rap sheet from the occupation of China; at least one investigator suspected them early on, before official attention suspiciously switched to Hirasawa. No Japanese government ever had an interest in reopening that story, nor the comcomitant police cock-ups (or cover-ups) it would imply.

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2002: Ahmed Sultan and Mohammad Humayun, who murdered Meena

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On this date in 2002, the killers of one of Afghanistan’s most noted feminists were hanged in Mach Jail outside Quetta, Pakistan.

Afghan feminist Meena Keshwar Kamal had founded in 1977 the Revolutionary Association of the Women of Afghanistan. RAWA works (and has done so against the successive Soviet, Taliban and Karzai regimes) for secularism, democracy and equality — per this poetic manifesto of its founder (Source):

I am a woman who has awoken
I have arisen and become a tempest through the ashes of my burnt children
I have arisen from the rivulets of my brother’s blood
My nation’s wrath has empowered me
My ruined and burnet villages replete me with hatred against the enemy
O compatriot, no longer regard me as weak and incapable
My voice has mingled with thousands of arisen women
My fists are clenched with fists of thousands of compatriots
To break together all these sufferings, all these fetters of slavery
I am the woman who has awoken
I’ve found my path and will never return.

Meena was assassinated in Quetta in 1987 just shy of her 31st birthday; that her killer(s) be brought to justice was long one of RAWA’s key political demands, and the organization supported this day’s hanging.

RAWA itself — which enjoyed a brief turn at the height of worldwide vogue as the United States prepared to invade Afghanistan and found itself suddenly inspired by the plight of women under the mullahs — holds its fallen founder as a martyr and continues to agitate.

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1478: Pazzi Conspiracy attempted … and suppressed

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On this date in 1478, a coup d’etat against the Medici family in Florence was attempted during Easter mass — and by day’s end, its leading perpetrators had been hanged.

The Pazzi conspiracy implicates, even more than the municipal political rivalries of the Pazzi and Medici families, the peninsular geopolitics pitting Florence against the Pope, each side with its own constellations of allied lords and city-states.

The arrangement of players and their assorted interests is amply covered elsewhere; we shall suffice for this space to say that the Pazzi were a family of wealth and lineage (another death-sentenced Florentine, Dante, had dropped a couple of their ancestors into his infernal tableau), and proceed to the aftermath.

When one strikes a king, one must strike to kill. In this case, the co-ruling Medici brothers, Giuliano and Lorenzo were both attacked — but Lorenzo survived, and visited a terrible vengeance upon the assailants.

An enraged mob — the Pazzi had misjudged the city’s mood to begin with, and committing murder in church was ill-calculated to win sympathy — and a star chamber of Medici loyalists immediately began rounding up the numerous conspirators, many of whom were summarily hanged from the windows of the Palazzo Vecchio.

Along with a number of obscure foot soldiers and family retainers who suffered such indignities as being thrown from high windows onto cobblestones and torn apart by the mob, the most prominent victims this day were Francesco de Pazzi (the link is to his Italian wikipedia page) and Archbishop Francesco Salviati, a papal loyalist whose grievance against Florence for delaying his seat as archbishop of Pisa had done much to instigate the conspiracy.

They were far from the only victims: fugitives who had escaped the city were hunted for weeks and months thereafter, although Lorenzo “the Great” — who cuts the very model of the enlightened prince to posterity, rightly or not — was disposed in several cases to grant mercy to innocents against the dictates of political expediency.

However, the culpable after this day had every reason to fear. Perhaps the most affecting story is that of elderly Pazzi patriarch Jacopo de Pazzi (Italian again), caught in flight by Tuscan villagers whom he tried desperately (and unavailingly) to bribe for the privilege of suicide rather than a return to the fate of his kinsmen. Florentine communal pride celebrated popular participation in vengeance against the papal plot. Botticelli was commissioned to paint the executed conspirators hanging in their death throes on the very facade of the palace where they had in fact been put to death.

The Pazzi family wasn’t quite blotted out literally — later, it would even be restored to the city — but a comprehensive sentence of civic damnatio memoriae followed in the weeks after the immediate danger was checked. The family property was confiscated, its name and coat of arms banished, even the public festival its Crusader forebear had inspired was (unsuccessfully) renamed. For a time, merely to marry a Pazzi was to exclude oneself from public office.

Niccolo Machiavelli was a boy of eight at the time the Pazzi conspiracy was attempted. As a political theorist in later years, the event would liberally illustrate his writings. In Machiavelli’s Discourses (available free from Project Gutenberg), for instance, the Pazzi conspiracy is a lesson in the danger of conspiring against two princes at once, the risk inherent in having any great number of people aware of the plot, and the unpredictable small turns of fortune and minor slips in execution upon which a great matter may succeed or fail.

[I]n these grave undertakings, no one who is without such experience, however bold and resolute, is to be trusted.

The confusion of which I speak may either cause you to drop your weapon from your hand, or to use words which will have the same results. Quintianus being commanded by Lucilla, sister of Commodus, to slay him, lay in wait for him at the entrance of the amphitheatre, and rushing upon him with a drawn dagger, cried out, “The senate sends you this;” which words caused him to be seized before his blow descended. In like manner Messer Antonio of Volterra, who as we have elsewhere seen was told off to kill Lorenzo de’ Medici, exclaimed as he approached him, “Ah traitor!” and this exclamation proved the salvation of Lorenzo and the ruin of that conspiracy.

Machiavelli also renders his account of this day’s affair in his History of Florence, another Gutenberg freebie.

A detailed exploration of the event is available here.

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