What I done, I did in self-defense, or I would have been killed myself. Where I was I could not overcome it.
-Lena Baker’s final statement
The state of Georgia has only ever electrocuted a single woman: African-American maid Lena Baker, put to death on this date in 1945 for murdering her abusive employer.
Baker was a sharecropper and a former sex worker hired to care for white mill owner Ernest Knight as he recuperated from a broken leg. This, as Baker’s biographer Lela Bond Phillips puts it, “developed into a sexual relationship.”
Both Knight and Baker were alcoholics, and the Knight liked to keep his domestic in the gristmill for days on end.*
As an interracial liason, it was also entirely taboo; Knight’s son tried everything to separate his dad from this scandalous arrangement, including moving the family and beating up Baker.
Knight pere was even more committed to keeping her.
On the night of April 29-30, 1944, the elder Knight locked Baker up in the mill, after she’d attempted to flee him. Baker testified that after Knight got back from church — it was Sunday, after all — Baker tried to leave over Knight’s threats. The two fought over Knight’s pistol, and the fight ended when the pistol discharged through Knight’s head. As to how it went off or who pulled the trigger, Baker said she didn’t know.
Although the irascible, hard-drinking Knight wouldn’t have won any popularity contests among his white neighbors, this breach of the color line was prosecuted both vigorously and speedily: a one-day trial that August (the all-white, all-male jury goes without saying, right?) sufficed to send the maid to her death.**
** In 2005, the Georgia Board of Pardons and Paroles — which turned down Baker’s clemency application in early 1945 — issued a posthumous pardon suggesting that a non-death penalty manslaughter charge would have been the more appropriate conviction. Baker’s family and defenders read that as vindication; there’s a detailed NPR story about it here.
On this date in 1897, all Versailles turned out to witness the beheading of recidivist pedophile Henri-Osime Basset, a 23-year-old who had kidnapped and strangled to death (French link) 13-year-old Louise Millier the previous summer.
Executioner Anatole Deibler and crew arrived at 3:30 a.m. to erect the portable guillotine at the pont Colbert* for the occasion, under the eyes of a curious pre-dawn crowd restrained by dragoons; by 4:45 la sinistre machine was fully installed.
About an hour after that, the prisoner Basset was awoken from his fitful sleep — he’d been plagued by restless guillotine-themed dreams lately, for some reason — and advised that his application for presidential clemency had been denied.
Le Petit Parisien nevertheless found the prisoner in steady enough spirits for his expiatory moment. He took the bad news with equanimity, received communion, and stuck close by the comforting priest to whom he had already given his last confession. (And who helpfully steeled the doomed man’s nerves with a steady supply of rum, cigars, and Bourdeaux wine.)
In any event, the practiced French executioners did not give Basset long to stew on his fate. After the toilette to prepare him for the blade, he was out the door shortly after 6 a.m. — broad daylight by now, and the crowd swollen in anticipation of the show. The blade fell at 6:33, and the remains of the late Henri-Osime Basset were immediately deposited at the Cimetirie des Gonards.
* This is pont Colbert in Versailles, not the cool then-new steel bridge in Dieppe, which is now the last hydraulic turn bridge still in use in Europe.
On this date in 2009, a husband was hanged with two friends for murdering a wife who shorted him on his dowry.
The three were hanged at one minute past midnight in western Jessore jail after they failed to secure presidential pardons for the murder of Minu Ara, 18, the official, Kamrul Huda, said.
Minurul Islam and his two friends were sentenced to death in 2002 by the supreme court for killing Ara after her father failed to pay a promised dowry of 100,000 taka. [$1,450 US]
Their execution follows that of two men in southern Bangladesh in December over a similar dowry murder.
So-called “dowry deaths” — including not only outright murder but suicide driven by in-laws’ mistreatment — reportedly produces several thousand deaths per year in South Asia, including Pakistan and India.
On this date in 1992, Johnny Frank Garrett was executed by lethal injection, with the tart last words,
“I’d like to thank my family for loving me and taking care of me. And the rest of the world can kiss my everloving ass, because I’m innocent.”
Although Garrett was only 17 at the time a nun from a neighboring Amarillo convent was raped and murdered, and he may have qualified as developmentally disabled to boot — both factors that today would exclude him from execution — that whole innocence story didn’t have much public traction.
“No, no, not at all,” New Mexico attorney Jesse Quackenbush told this site in an interview. “He was villainized from day one: he was a nun-murderer who needed to be executed. The only sympathy really came from the Pope.”
But two decades on, Garrett’s dying profession is one of the more troublesome skeletons in the Texas execution machine’s closet, thanks in no small part to Quackenbush himself.
Quackenbush directed the documentary The Last Word (viewable free on Netflix), a powerful brief not only for Garrett’s innocence* but against the comprehensive rot of the system that shunted hm off this mortal coil — from the front-line investigators all the way through the Lone Star State’s intentionally broken executive clemency farce.
“It was a system-wide failure that caused this kid to die. It wasn’t just the legal system,” Quackenbush said. “The media played a part. The governor was looking more to her own re-election hopes.* There was a dysfunctional family. The Supreme Court wasn’t morally deep enough to realize that executing 17-year-olds and ‘mentally retarded’ prisoners was wrong. There’s the system in Texas that allowed the prosecutors to hand-pick the pathologists to provide junk science.
“It’s a multifaceted failure, and no one facet is more to blame than the others.”
Garrett, a white teenager, disappeared into a Kafkaesque legal labyrinth, after the alleged supernatural vision of a local soothsayer acclaimed him the culprit in the murder of a nun named Tadea Benz. Corporeal indicia of guilt falls somewhere between circumstantial and laughable: fingerprints in a convent he had visited many times, the inevitable jailhouse snitch, and an unrecorded supposed “confession” that Garrett refused to sign.
As in a preponderance of death cases, especially in Texas (pdf), a meek and all-but-unfunded defense team offered scant resistance as prosecutors made the most of this eminently disputable evidence: once the one-sided trial was in the books and the crucial direct appeals likewise slipped past, the proceedings lay beyond the reach of judicial review.
This novel is inspired by the Garrett case.
For all that, there yet remains one un-litigated piece of evidence.
Around the time of Sister Benz’s death, there was another rape-murder of another elderly Amarillo woman, a crime that authorities publicly described as “too similar” to the Benz case not to be part of the same crime spree.
That case went unsolved … but years after Garrett’s execution, DNA databases matched an old semen sample from that second crime to a Cuban rapist (he was among the criminals and undesirables that Castro expelled to the U.S. during the Mariel boatlift) named Leoncio Perez Rueda.
Suggestive.
More dispositive evidence in the form of still-testable crime scene samples may yet reside in Amarillo’s evidence lockers — semen and blood samples that, in the era of DNA, Quackenbush thinks would exonerate Johnny Frank Garrett.
If testing this sort of thing sounds like a no-brainer, you don’t work for Amarillo.
“The [Garrett] family offered the city of Amarillo complete civic immunity and they still refused to run a DNA test, and threatened to countersue** if the family tried to pursue it,” Quackenbush says. “In the state of Texas there are still only laws protecting DNA access for living people: if you’re already executed, you have no rights.”
Which is a particular pity — since “the chances of executing innocent people are still really high.”
* Quackenbush’s case for Garrett’s innocence is outlined in this legal memo (pdf). This site maintains an extensive archive of resources about the case.
** In this, it’s not unlike the Ruben Cantu case, where post-execution evidence of innocence has also been met with legal threats by the state.
On this date in 1951, the first of two batches comprising the “Martinsville Seven” — black, all — went to the Virginia electric chair for gang-raping a white woman. (The remainder were executed on Feb. 5)
Somewhat forgotten today, the Martinsville Seven were in their day the locus of radical activism against Jim Crow in the South — very much like Willie McGee, who was put to death in Louisiana later that same year.
In fact, this case generated a bit of a legal milestone: a month before the executions began, the U.S. Supreme Court declined an appeal seeking relief on the then-novel grounds of equal protection — rather than due process.
The argument was that the Old Dominion’s superficially race-neutral rape statute was anything but; that argument was buttressed by data showing that Virginia had executed 45 black men for raping white women from 1908 to 1950, but never once in that period executed any white man for raping a black woman. (The high court only declined to take the appeal; it wouldn’t get around to explicitly ruling equal protection claims based on racial patterns out of bounds until 1987’s McCleskey v. Kemp.)
This seems to be the debut use for this gambit, bound to become an increasingly powerful one both in and out of the courtroom during the civil rights movement.
And it was available — and necessary — here because the Martinsville Seven basically looked guilty as sin. Their confessions and the victim’s accusation and the testimony of a young eyewitness said that, drink-addled, they had opportunistically grabbed a white Jehovah’s Witness housewife when she was proselytizing on the wrong side of the tracks.
certain striking characteristics distinguished the proceedings from classic “legal lynchings.” The evidence presented at trial clearly proved that nonconsensual sexual intercourse with the victim had taken place. All seven defendants admitted their presence at the scene, and although some of the men may not have actually consummated the act … The prosecution emphasized the preservation of community stability, not the protection of southern womanly virtues, as the dominant concern of Martinsville’s white citizens. Most significant, the trial judge made a concerted effort to mute the racial overtones of the trials. Although white juries decided each case, blacks appeared in every jury pool. Race-baiting by prosecutors and witnesses, notably evident at Scottsboro and other similar trials, was absent from the Martinsville proceedings. By diligently adhering to procedural requirements, the court attempted to try the case “as though both parties were members of the same race.”**
The standard playbook for fighting a “legal lynching” case was leveraging outrage over a plausibly innocent convict and an outrageous kangaroo court.†
Paradoxically, by taking these elements out of the mix (relatively speaking), the Martinsville Seven perfectly isolated the extreme harshness of the penalty and the structural discrimination under which it was imposed. The NAACP took up the case on appeal strictly for its discriminatory characteristics, steering for its part completely clear of any “actual innocence” argument.
These challenges posed discomfiting questions that jurists shrank away from. The Virginia Supreme Court, in denying an equal protection application, fretted that actual legal relief could mean that “no Negroes could be executed unless a certain number of white people” were, too. Timeless.
Though a later U.S. Supreme Court would completely overturn death-sentencing for rape, based in part on its overwhelming racial slant, justices have generally avoided meddling to redress broad statistical patterns rather than identifiable process violations specific to particular cases.
Those questions of substantive — rather than merely procedural — equality in the justice system remain potently unresolved, still part of Americans’ lived experience of the law from death row to the drug war to driving while black. As if to underscore the point in this instance, just two days prior to the first Martinsville executions, the Wall Street bankster acting as American proconsul in conquered Germany pardoned imprisoned Nazi industrialist Alfried Krupp, and restored him to the fortune he had amassed working Jewish slaves to death during the war. It was a very particular quality of mercy the U.S. showed the world in those days. (The Martinsville case was known, and protested, worldwide.)
Carol Steiker (she used to clerk for liberal Justice Thurgood Marshall, who as an NAACP lawyer worked on the Martinsville case) argues‡ that the Martinsville Seven’s legacy is linked to their later obscurity, for “[t]heir attempt to present statistical proof of discrimination in capital sentencing represents a ‘road not taken'” — neither in 1951, nor since.
The road taken instead had Joe Henry Hampton, 22, Howard Hairston, 21, Booker Millner, 22 and Frank Hairston, 19 electrocuted one by one this morning in 1951. Their three co-accused, John Clabon Taylor, 24, James Luther Hairston, 23, and Francis DeSales Grayson, 40, followed them on February 5.
* “Race, Rape, and Radicalism: The Case of the Martinsville Seven, 1949-1951” in The Journal of Southern History, Aug., 1992.
** This quote an actual trial admonishment of the judge, Kennon Whittle.
† Graded on a curve: this is still Jim Crow Virginia. Six trials were wrapped up at warp speed in 11 days, with a total of 72 jurors — each one white. The implied comparison is something along the lines of, all seven tried together in the course of an afternoon, with a good ol’ boy defense attorney mailing it in.
‡ Review of Rise’s book titled “Remembering Race, Rape, and Capital Punishment” in the Virginia Law Review, Apr., 1997
More than twenty-five years ago, one of the southern states adopted a new method of capital punishment. Poison gas supplanted the gallows. In its earliest stages, a microphone was placed inside the sealed death chamber so that scientific observers might hear the words of the dying prisoner to judge how the human reacted in this novel situation.
The first victim was a young Negro. As the pellet dropped into the container, and the gas curled upward, through the microphone came these words: “Save me, Joe Louis. Save me, Joe Louis. Save me, Joe Louis…”
It is heartbreaking enough to ponder the last words of any person dying by force. It is even more poignant to contemplate the words of this boy because they reveal the helplessness, the loneliness and the profound despair of Negroes in that period. The condemned young Negro, groping for someone who might care for him, and had power enough to rescue him, found only the heavyweight boxing champion of the world. Joe Louis would care because he was a Negro. Joe Louis could do something because he was a fighter. In a few words the dying man had written a social commentary. Not God, not government, not charitably minded white men, but a Negro who was the world’s most expert fighter, in this last extremity, was the last hope.
This story isn’t precisely accurate as Dr. King told it, but the factual basis for this empathetic legend is Allen Foster.
On this date in 1936, Foster was the first man executed by lethal gas in North Carolina — and en route to this minor distinction he punched his ticket for commemoration in civil rights literature when he flourished a flamboyant uppercut to witnesses as he was led to the gas chamber and cried out, “I fought Joe Louis!” It was an allusion to having matched with the world champ when both were youngsters in Alabama.
This coincidental brush with celebrity was about as strange as the fact that it occurred in a gas chamber at all.
After the arrival of the electric chair, the South adopted it virtually across the board; North Carolina had switched from hanging to electrocution in 1910.
But the Tarheel State was also generally more progressive than its neighbors;* V.O. Key would write of North Carolina, “It has been the vogue to be progressive. Willingness to accept new ideas, sense of community responsibility toward the Negro, feeling of common purpose, and relative prosperity have given North Carolina a more sophisticated politics than exists in most southern states.”
Part of that “sophisticated politics” was, in the 1930s, a growing debate about the application — indeed, the mere existence — of capital punishment.
According to Trina Seitz’s “The Kiling Chair: North Carolina’s Experiment in Civility and the Execution of Allen Foster” (North Carolina Historical Review, Jan. 2004):
North Carolinians were beginning to doubt the effectiveness of the sanction and the method used to enforce it. Furthermore, private citizens, humanitarians, and state institutions alike were increasingly scrutinizing the demographics of those being put to death.
Though this scrutiny did not lead so far as actual abolition, it provided the receptively reformist environment for Mitchell County Dr. Charles Peterson’s “pet project” of switching the execution protocol to lethal gas.
The reason for his fascination with gas seems to be obscure; the method had never been employed east of the Mississippi. Maybe it had something to do with 1932’s remarkably smooth gassing of a North Carolinian from nearby Burke County in Nevada, the nation’s gas chamber pioneer.
Whatever the reason, Peterson took a seat in the legislature in 1935 and won adoption for his idea in this very first session.
Unfortunately for Peterson — and doubly so for Foster — North Carolina didn’t have quite the same facility with hydrogen cyanide, and Foster’s execution was a notorious botch that immediately got people back on the electrocution bandwagon.
Foster was doomed for raping a white woman — this may be progressive North Carolina, but it’s still the South — and according to Seitz’s rendering of the News and Observer‘s first-hand report:
“Good-bye.” The Negro’s lips framed the words so clearly that no man in the witness room could doubt what he had said. As he said it, he winked and then forced a smile at the faces peering in at him. Then he began to suffer. No man could look squarely into his eyes and fail to perceive that they were registering pain. The Negro fought for breath, knowing he was going to die and fighting to get it over with as quickly as possible …
he sucked the gas desperately until his head rolled back three minutes later, indicating to physicians that the man finally had lost consciousness. But after a period of quiescence, his small, but powerfully built torso began to retch and jerk, throwing his head forward on his chest, where witnesses could see his eyes slowly glaze … The torturous, convulsive retching continued spasmodically for a full four minutes.
Officially, it took about 11 minutes for Foster to die, and as those agonizing minutes dragged by a physician broke the witness room’s mortified silence by exclaiming, “We’ve got to shorten [the execution method] or get rid of it entirely.” Um, yeah? The prison warden was quoted the next day as saying that even hanging was preferable to this.
The ensuing political controversy, however, did not succeed in reverting the method to electrocution.
Like the original electric chair, North Carolina’s gas chamber was the beneficiary of some hasty technical fixes: heating the gas chamber (it was at the freezing point when Foster died; Colorado executioners advised North Carolina that this would impede the gassing); tweaking the chemical formula.
The very next week, a white murderer named Ed Jenkins followed Foster into the toxic plume, this time to rave reviews: he “died painlessly and the method of execution was humane”. These advances were enough to keep the gas chamber in place, although the state legislature considered several bills to return to electrocution from 1937 to 1943.
During one such debate, North Carolina playwright Paul Green testified to the assembly (per Seitz),
Some day the electric chair and the gas chamber will be set up in the State Museum as symbols of an age of horror and ignorance. School children will look at them and feel superior to us as they look back upon an era of ignorance
* This is still true of North Carolina: it has employed the allegedly more humane method of lethal injection since 1984, when no other Southern state save Texas used the needle until the 1990s; that use has been sparing enough that its per-capita execution rate remains markedly lower than most other former Confederate states; and in 2009, North Carolina implemented a still–controversial Racial Justice Act empowering condemned prisoners to challenge their sentence with statistical evidence of racial disparity even though courts don’t require this at all.
On this date in 1943, serial killer Jarvis Theodore Roosevelt Catoe was fried in the federal chair for the murder of Washington D.C. resident named Rose Abramowitz.
The 25-year-old victim, who had married only a month before, had hired Catoe to wax her kitchen floor.
Instead he raped and strangled her, left her sprawled on her bed and made off with $20.
Abramowitz wasn’t Catoe’s first victim and she would not be his last — although she was his first white victim; the previous ones had been black like Jarvis himself. This article summarizes Catoe’s career: homicides in New York City and Washington, beginning in 1935, as well as multiple robberies, rapes, indecent exposures and attempted kidnappings. To add insult to injury, an innocent man, James Matthew Smith, was convicted in his first murder and had already served several years of a life sentence by the time of Catoe’s arrest.
Time magazine called him a “one-man crime wave.” The D.C. police’s failure to catch him resulted in serious public embarrassment for the department and a dressing-down before Congress. Not bad for a killer so obscure his name isn’t even in Wikipedia.
Catoe’s last victim was Evelyn Anderson, a waitress in the Bronx. After he strangled her and left her body in an alley he took her purse and watch and gave it to a lady friend, who gave it to another friend, who gave it to a man who pawned it for $20. The New York Police, who had been checking the local pawn shops, found the watch and traced it through its various handlers, finally landing on Catoe, who had moved back to Washington by then.
He confessed to seven murders that he could remember, but reckoned the real body count was “about ten.” Most, but not all, of his victims had been sexually assaulted. A classic sexual sadist, Catoe stated he suffered from “spells” where he had an uncontrollable urge to kill. These spells tended to happen after he’d been reading detective stories and looking at pornography.
Catoe later retracted all his statements, saying he’d been “sick and weak” and the police and badgered him into making up stories. The jury didn’t buy it: in the Abramowitz trial, they were out for only eighteen minutes before voting for conviction and the death penalty.
Charlotte Observer, Nov. 27, 1920 (Nov. 26 dateline)
Govenror Bickett today signed the death warrants of Tom Johnson and Jim McDonald, negroes convicted of criminal assault and whose appeal to the Supreme Court had been dismissed. Johnson, a native of Guilford county, and McDonald, of Davidson, will die in the electric chair at the state prison on December 3.
Charlotte Observer, Dec. 4, 1920 (Dec. 3 dateline)
Tom Johnson and Jim McDonald, Guilford and Davidson county negroes, died in the electric chair at the state prison here today for criminal assault, Johnson preceding McDonald to death by only a few minutes. The killing today was the fourth double electrocution by the state since the electric chair was substituted for the hangman’s noose. Both the prisoners appealed to the supreme court for new trials but their cases were dismissed two weeks ago.
On this date in 1988, a trio that had once formed an abusive family were all hanged in Singapore for their shocking ritual murders.
Top to bottom: Lim, Tan Mui Choo, and Hoe Kah Hong.
The Toa Payoh murders stunned Singapore in early 1981, when the brutalized bodies of a nine-year-old girl and a ten-year-old boy turned up in that district of the city-state.
A literal trail of blood led police from the second victim to a nearby seventh-floor flat cohabitated by a self-proclaimed spirit medium named Adrian Lim and his “holy wives” Tan Mui Choo and Hoe Kah Hong. In the apartment was a bevy skin-crawling incriminating evidence, like papers with the victims’ names written down, hairs later matched to the kids, and spatters of blood.
So this wasn’t a case so much for crime scene investigators as for psychologists.
Eschewing the forgettable life of a mere cable TV bill collector, a thirtysomething Adrian Lim had cultivated a side business in quack spiritualism in the early Seventies. He soon found this rewarding scam, in which troubled bar hostesses seeking personal guidance could be induced to pay him for a holistic regimen of eggs, needles, prayer to miscellaneous deities, and (often as not) sex with their “healer”, sufficient to support his lifestyle without further remuneration from the broadcast industry, so he went full time. And then he went right around the bend.
Even as a 9-to-5 desk jockey, Lim had already reeled in one depressed young woman as his live-in lover and business partner and willing enabler of Lim’s carnal con artistry. Lim did not scruple to pimp her out as a prostitute. This was Tan Mui Choo. (Click here for an interesting profile of a nun who counseled Tan Mui Choo, and later many other condemned prisoners, on death row.)
Hoe Kah Hong fell into Lim’s clutches a few years later, and although it was that young woman’s own mother who brought her in for Lim’s hocus-pocus, the charismatic witch doctor soon turned her against her family and moved her into the place, too. He eliminated Hoe’s husband by conning him into an electroshock treatment that Lim used to shock him dead.
This twisted family’s run of good luck and absurdly gullible customers came to an end late in 1980, when a cosmetics salesgirl whom Lim had drugged and raped (sometimes the spirits need a chemical assist with these things) started blackmailing him — and shopped him when he didn’t pay enough.
Under a pending sex-assault investigation, Lim conceived some bizarre plan to draw police attention away (or induce the goddess Kali to help him out of the pickle) by … murdering children. Makes sense, right?
It made enough sense to his holy wives to get them to help drug little Agnes Ng Siew Hock on January 24, 1981, help Adrian Lim rape her, help smother her with pillows, and help smear her blood on the apartment’s little sacrificial shrine. Two weeks later, they did much the same (less the rape) to Ghazali bin Marzuki. They were taken into custody the very next day.
While there’s little doubt about whether, the little matter of why was the topic on all Singapore’s lips.
In an eight-week trial that kept the public riveted with the ghastly and/or ludicrous particulars of the medium’s operation, dueling psychiatrists went front and center and measured out competing takes on the prisoners’ respective culpability. In he end, the draught was half-full for all three.
The trial’s “gruesome accounts of sexual perversion, the drinking of human blood, spirit possession, exorcism and indiscriminate cruelty” (Singapore Straits Times) made Lim a Bundy-esque object of public hatred; even others condemned to death refused to associate with him. He was the subject of the first feature-length domestic Singaporean film in English, 1992’s The Medium.
On this date in 1960, South Africa conducted a mass execution of 15 miscellaneous criminals (14 black, one white) in Pretoria Prison.
The headline attraction was one of the 14 blacks: Phineas Tshitaundzi, the “panga man” or any number of related headline-worthy nicknames — the panga slasher, the panga maniac. (“Panga man” can also just be any old fellow with a panga, like an agricultural worker.)
A panga is a machete, and Phineas Tshitaundzi wielded this intimidating instrument during a 1950s spree terrorizing white lovers’ lanes around Johannesburg. “He would assault the men and rape the women — to whom, it was said, he then gave bus fare home,” wrote Jean and John Comaroff in Law and Disorder in the Postcolony.* “There could hardly have been a more intense figuration of the dark, erotically charged menace that stalked the cities in the white imagination.”
The assaults were non-fatal — panga man was the only one of the 14 blacks hanged this day not on the hook for murder — but the many survivors whose affairs were on the illicit side had injuries to cope with beyond those inflicted by the blade.
Tshitaundzi was finally caught as a result of fencing some of the proceeds of his crimes, whereupon it transpired that the terrifying perpetrator had been so difficult to capture because he’d been working as a mild-mannered 40-year-old “tea boy” at police headquarters itself, a position that allowed him to stay wise to various attempts to ensnare him.