Category Archives: Wrongful Executions

1278: Pierre de La Brosse, “out of spite and envy”

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On this date in 1278, humiliatingly dressed like a buffoon, Pierre de La Brosse was strung up at Montfaucon without benefit of trial.

De La Brosse (English Wikipedia entry | French) was a court figure of the petty nobility.

He cut his teeth — and a holy beard — as a surgeon and barber in the court of Saint Louis. When Louis died on crusade in 1270, Philip the Bold succeeded to the throne. Philip was tight with Pierre, so this seemed like great news for the chamberlain — and indeed, de La Brosse advanced rapidly with the new king’s patronage in wealth and influence.

The power of this Touraine arriviste did not fail to attract the enmity of the realm’s hereditary lords. As their grandchildren would do in Enguerrand de Marigny‘s time, they nursed their resentments and awaited only their chance.

King Philip’s marriage in 1274 to Marie of Brabant* gave them that chance.

His influence eclipsed by the new bride, de La Brosse developed a dangerous rivalry with the royal consort. When Philip’s firstborn son by his previous marriage and the heir to the French throne died suspiciously in 1276, Pierre de La Brosse allegedly made bold to suggest that the new queen herself might have poisoned the youth off.**

Philip “investigated” this by sending emissaries to consult a clairvoyant who, knowing she was speaking to representatives of the royal family, gave a judiciously positive appraisal of the queen, leaving de La Brosse on very tenuous footing indeed. The barons cut that footing out from under their foe a few months later when they produced documents, likely forged, implicating de La Brosse in a treasonable arrangement with the Spanish crown. De La Brosse was imprisoned for six months and condemned without a regular judicial proceeding: he has the unenviable distinction of being the first victim of an extraordinary royal commission in France. That commission destroyed the evidence (or “evidence”) in the case, but to judge from the positive appraisal de La Brosse enjoyed from chroniclers the popular sentiment for his innocence was widespread.

Pierre de La Brosse is among the several French royal counselors who are sometimes apocryphally said to have built the Montfaucon gallows only to hang upon them. The last word on him (and the more interesting trivia) belongs to Dante, who stationed the man in Purgatory as one who was unjustly slain but without opportunity to cleanse his soul with a last repentance.

I saw the soul
cleft from its body out of spite and envy —
not, so it said, because it had been guilty —
I mean Pier de la Brosse,
and may the Lady of Brabant
while she’s still in this world, watch
her ways—or end among a sadder flock

* Not to be confused with the Bavarian princess of that name who was put to death for adultery.

** Another way to interpret this: poisoning suspicions that were afoot generally came to be ascribed specifically to de La Brosse.

On this day..

1920: Triple lynching in Duluth, Minnesota

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On this date in 1920, a white mob perhaps 10,000 strong swarmed into the Duluth, Minn. jail and extracted three young African-American circus workers accused of gang-raping a white woman. Elias Clayton, Elmer Jackson and Isaac McGhie stood an immediate drumhead trial, then were lynched in the heart of Duluth as they vainly protested their innocence.

The self-congratulatory posed photograph of mob members with the bodies was made into a horrifying postcard, a frequent practice in lynch law America.


“What this looks like is the kind of photo you would see at a hunting lodge, where the guys had been out shooting bear, and they came back and they said, ‘We got three.’ You can see people on tip-toe. They’ve crowded into this shot. These are not people who are ashamed to be seen here. This is, ‘I want to be in this picture.'”

–Michael Fedo, author of The Lynchings in Duluth

Nineteen-year-old Irene Tusker and her boyfriend James Sullivan had attended the one-day circus the evening before. What transpired that night remains unknown to this day: Irene eventually took the streetcar home without incident. Hours later, James Sullivan’s father claimed that the couple had been held at gunpoint by black carnies as Irene was gang-raped.

By the evening of the 15th, a vengeful mob had surrounded the police station/local lockup. Officers were ordered not to use deadly force against the townsfolk, so the battle to push into the premises was waged with brickbats against firehoses, and eventually with ineffectual pleas to let the law take its course.*

The incident drew nationwide reaction — usually condemnation (with a couple of exceptions). Occurring as it did in one of the continental states’ northernmost towns, it also underscored lynching as a nationwide problem rather than “merely” a southern one.

“Duluth has disgraced herself and has, by reason of her geographical position, disgraced the north,” the Cleveland Plain Dealer editorialized (June 17, 1920) — just one of innumerable newspaper editorials in the days following the Duluth outrage. “A city that has no more backbone than to submit to the rule of riot cannot be held blameless. But it will be surprising if Duluth and the state of Minnesota do not take steps to punish the murderers. The method of procedure was so deliberate and so brazenly open that identification and conviction of the ringleaders should be an easy matter.”

Brace for a surprise: according to the Minnesota Historical Society’s excellent site on the Duluth lynchings, only three whites served prison time (a shade over one year apiece) for rioting. Nobody was ever convicted for murdering Clayton, Jackson, or McGhie.

One black man, Max Mason, caught a long prison sentence for the supposed rape. He was paroled after five years on condition that he leave Minnesota for good.

“I was just short of nineteen the night that the bodies of McGhie, Jackson, and Clayton swung from a light pole in Duluth. I read the stories in the newspapers and put them down feeling sick, scared, and angry all at the same time. This was Minnesota, not Mississippi, but every Negro in the John Robinson Show had been suspect in the eyes of the police and guilty in the eyes of the mob … I found myself thinking of black people as a very vulnerable us — and white people as an unpredictable, violent them.”

-Minnesota-raised Roy Wilkins, the eventual director of the NAACP, in his autobiography (via)

The great-grandson of one of the lynch mob’s members wrote this book about the hangings’ legacy

The lynching was practically written out of the official state history most white children consumed at school in the middle part of the 20th century,** though the nine-year-old Lithuanian Jewish boy Abram Zimmerman who lived nearby the execution site later told his son all about it. Young Robert Allen Zimmerman tapped his father’s lynching stories under his subsequent nom de troubadour of Bob Dylan, and the Duluth atrocity is alluded to in Dylan’s “Desolation Row”.†

Latter-day Duluth has, to its credit, tried to manage something a little bit more overt.

In 2003, a monument commemorating Duluth’s moment of infamy was dedicated opposite the place where the young men were strung up and photographed. Minnesota Public Radio produced a series on the lynching during the construction of this monument which is still available online.


All images (cc) ArtStuffMatters. The photographer has a thoughtful recent blog post on the [dearth of] public lynch memorials in the United States.

* The law in Minnesota had no death penalty on the books, and still has none today.

** To be fair to the state, its immediate response did include passing anti-lynching legislation in 1921.

† “They’re selling postcards of the hanging/They’re painting the passports brown/The beauty parlor is filled with sailors/The circus is in town.”

On this day..

1921: William Mitchell, Black and Tan

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On this date in 1921, Great Britain hanged one of its own paramilitaries in Ireland. William Mitchell was, in fact, the only member of the reviled Black and Tans executed during the Irish War of Independence.*

This long-obscure case has been brought back to light by author D.J. Kelly, whose just-published Running With Crows: The Life and Death of a Black and Tan is a fact-based novel about William Mitchell’s execution.

Was Mitchell hanged for political expediency? Did he even commit the murder for which he stood condemned?

Kelly was kind enough to talk with Executed Today about exhuming a dead soul.

ET: What led you to take an interest in this hanging?

DJK: A third cousin of mine, who shares my interest in family history research, asked me to help her verify her late father’s claim that they were related to a Black and Tan who had been hanged for murder.

I knew that the ‘Tans’ were temporary policemen recruited in England from ex-combatants of The Great War and sent to Ireland to bolster the ranks of the beleaguered Royal Irish Constabulary during the Irish War of Independence. It took me no time at all to discovered that only one Black and Tan — indeed only one member of the entire British Crown Forces — had been executed during that conflict, and that indeed he shared a surname with my cousin.

However, I could find only the briefest of mentions of him in any accounts of that bitter struggle for Ireland’s freedom. It took me and my cousin two years to track down the elusive official case papers, to establish exactly who Mitchell was, and to tell his hitherto untold story. To date however, we still have not established a firm link with my cousin’s family.

The Black and Tans are of course still notorious in Ireland and elsewhere. In this book you’re complicating their story quite a bit, making at least this one Tan a sympathetic character. What sort of audience reception has Running with Crows had? Do you find there’s a lot of resistance to the story you have to tell? For that matter, did you have any misgivings to overcome in writing it?

You are right about their notoriety. The ‘Tans’ were bored, drunk and indisciplined during the short period of their service in Ireland. They were also poorly managed and allowed to run amok, robbing and assaulting the Irish population. There is no evidence however to support the popular myth that they included a greater number of criminals than has any police force before or since. They were disillusioned and battle-hardened men who were unable to find employment back in the ‘land fit for heroes’.

Book CoverIronically, one lone reviewer of my book has accused me of not making Mitchell sympathetic enough. It was not my intention though to create sympathy for this flawed and tragic man or to turn him into a folk hero. However, whilst I do not think he was the most honourable of men, I am not persuaded he deserved to hang.

I was indeed wary of uncovering this controversial case, especially as folks in Ireland, my own relatives included, are still sensitive and emotional about the events of the 1920s. The accepted view is that the old IRA were the heroes and the ‘Tans’ were the baddies. Few people realise however that at least a quarter of the Black and Tans were Irishmen, as indeed was Mitchell. However, I am delighted to have received highly positive reviews, from ‘both sides of the divide’, that is from an IRA re-enactment group as well as from supporters and historians of the Royal Irish Constabulary. Moreover, a theatrical production company, based in the town where the murder took place, and where people still remember and sympathise with the murdered magistrate’s family, has adapted my book to a stage play, which will debut there on 15 June at the Dunlavin Arts Festival. They have also kindly invited me to hold an author talk at the festival on the 16th June.

William Mitchell was hanged for killing a magistrate named Robert Dixon. Who was Robert Dixon and why was he a target during the war?

Robert Gilbert Dixon was an Anglo-Irish gentleman; a gentleman farmer who acted as an auctioneer at the local livestock auctions and who served as a district magistrate on the local circuit. He and his wife were descended from noble and philanthropic English forebears, and indeed Robert Dixon was respected in his community for his generosity shown both to his neighbours and to the police.

During the conflict though, both magistrates and police were viewed by the Nationalists as instruments of the occupying power (the British) and as such were prime targets for assassination by the IRA. Dixon’s murder was not a political killing however. He was shot dead, and his war hero son seriously wounded, during the course of a robbery at his home.

This post-war era saw the erosion of the class system and marked the beginning of the end for ‘the old order’. Socialism was gaining popularity and the working classes were shrugging off the idea that they should ‘know their place’. The awful loss of life, mainly through mis-management of the war, meant that many had lost respect for, and indeed were resentful of, the privileged classes. A truce was now imminent in Ireland and so the ‘Tans’, who were being paid per day what the regular Irish constables earned in a week, saw their lucrative employment coming to an end, and meanwhile, in Dunlavin, the Dixon family were conspicuously wealthy …

Coming at last to the main character here, who was William Mitchell? Why was he serving in the Black and Tans, and why did he end up at the end of a noose?

Contrary to what some commentators on the conflict have written, Mitchell was not English but Irish. He was a Dublin-born former professional soldier, who had served King and Empire, both in India and in the trenches of the Western Front. He was the son of Joseph Mitchell, a London-born soldier; a respectable man who had fought in the Boer War and who had married a Dublin Protestant girl.

Another myth, that of the privileged position of those in the ‘Protestant ascendancy’ in Ireland, is dispelled by William Mitchell’s impoverished upbringing in Dublin’s Monto district, which was not only Ireland’s, but indeed Europe’s, biggest slum and red-light district. William Mitchell was a man who did not respect authority — some might say, with good reason. When two masked intruders forced their way into the Dixon household and killed the magistrate during a bungled robbery, and when one of the ‘Tans’ shot himself dead at the local barracks the following day, it was believed the dead ‘Tan’ was the shooter, and so Mitchell was then arrested as his accomplice.

This hanging occurred just as London was determining to wind things down in Ireland; later that June, Prime Minister Lloyd George proposed peace talks. As a political sop, how important domestically within Ireland was William Mitchell’s execution in June 1921? Did it even register? Had he been spared, would that have affected at all the progress towards a truce?

Ah, you have put your finger on the nub of the issue.

As ill-disciplined and unruly as the temporary constables were, there was another arm of the Black and Tans which was far more undisciplined. The Auxiliaries were demobilised officers who had been engaged ostensibly to act as an officer cadre for the temporary constables but who had instead formed themselves into hit squads and set about abducting, torturing and killing suspects without due process of law. It was the Auxiliaries who were identified with some of the worst atrocities of the conflict, including the destruction of whole villages and towns and even of the murder of the mayor of Cork.

Several Auxiliaries had been tried for murder but acquitted, usually because crucial prosecution witnesses had ‘disappeared’. One indicted auxiliary, who was a decorated war hero, but most likely also a psychopath, and was head of the self-designated ‘murder squad’ based in Dublin Castle, was facing his second murder trial. By April 1921, the world’s press were united in condemning the British administration in Ireland for letting loose this uncontrolled ‘pseudo gendarmerie’ upon the Irish population. The number of Republicans who would be executed would run to two dozen, yet thus far, no member of the British Crown Forces had been convicted for any atrocity.

The Americans and the heads of the Commonwealth nations were demanding fair play. The British public were revolted by the way the conflict was being managed and now no less a personage than King George V stepped into the arena and demanded that Lloyd George‘s government show even handedness in the way it dealt with both rebel and law enforcer. Another acquittal was fully expected in the trial of the twice-tried Auxiliary, who had carried out his grisly and murderous duty on behalf of his government, but then along came the hapless Constable Mitchell, a ‘difficult’ Irishman who had allegedly killed, not an Irish rebel, but a magistrate; an Englishman and a representative of the establishment.

The outcome in the April trial of the Auxiliary, whose defence costs (equating in today’s values to £17,600) were met from the personal funds of Hamar Greenwood, Chief Secretary for Ireland, was an acquittal, as expected.

Mitchell’s swift trial a couple of days later, by court martial (so no right of appeal) attracted little publicity. He went stoically to the scaffold, leaving behind him a 23-year-old widow and a seven-week-old baby daughter.

Political events moved fairly swiftly thereafter, so it is hard to judge whether his execution had much effect on the progress of Ireland’s achieving independence. The focus of public attention was taken up next with the internal struggles leading up to the Civil War. It seems Mitchell’s execution had little effect in the grand scheme of things.

So, did Mitchell kill the magistrate? Was he even present at the crime scene or was he a sacrificial lamb, slaughtered to offset criticism of Lloyd George’s administration in Ireland? I have presented all there is to know of this man’s life and death, as found in his military and police records, trial transcripts etcetera, and whether or not he killed the magistrate for whose murder he was hanged, or whether this was an awful miscarriage of justice, I leave for the reader to judge.

What happened to Mitchell’s family afterwards? And all these years later, what do the descendants think about their ancestor’s execution, and about the work you did with it?

I felt I could not let Mitchell’s story end with his execution. Since this is a novel closely based on a true and tragic story, I felt the reader would want to know what happened next. I know I certainly did, so I continued my research, and my narrative, to recount what had happened to many of the players in the story, and this may be found in the book’s epilogue.

Mitchell’s baby daughter lived into her nineties, always believing her father had died a hero in the course of his police service. Her respectable and courageous widowed mother did not want her little girl to grow up with any sort of stigma. Other family members knew of Mitchell’s fate however. When I tracked down his living descendants, I was cautious of the sensitivities surrounding my exposing Mitchell’s history. However, the family were keen for the full story to come out, and moreover they provided me with photographs of Mitchell, for which I am most grateful, as they enabled me to put a face to a man who hitherto had been simply a statistic.

This is not the end of the Mitchell story, however. His mortal remains (which are amongst the few still buried within the precincts of Dublin’s Mountjoy Gaol) will one day be exhumed when planned re-development of the gaol is commenced. When that day comes, my cousin and I will press for his re-interment in a local cemetery. Mitchell may not warrant the hero’s funeral accorded the Republicans who have all be disinterred from Mountjoy, but I believe he deserves at least a Christian burial.

* Still also known as the “Black and Tan War”.

On this day..

399 BCE: Socrates

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It might have been May 19, 399 BCE* — and if not, we’re in the neighborhood — that the original gadfly** philosopher Socrates obeyed a death sentence from his native Athens and quaffed a cup of deadly hemlock. It’s one of the most famous executions in history, and arguably one of the most consequential.

Socrates left no original writings that survive for us. Posterity sees him via the works of his students Xenophon and especially Plato, but he was a well-known figure to contemporaries in the polis.

For decades, the man with the method and the familiar daemon had been philosophizing around town. Socrates comes in for mockery in an Aristophanes play lampooning newfangled intellectual trends in the 420s BCE


“Like Ozzy Osbourne, [Socrates] was repeatedly accused of corruption of the young.”

The corrupting-the-young and impiety charges which putatively caused the man’s trial and death sentence have been much-debated in the centuries since. It seems clear that the real crime in the eyes of the hundreds of fellow-citizens who judged Socrates had to do with the students who weren’t reverential successor-eggheads, but toxic contemporary politicians. Socrates tutored the treacherous demagogue Alcibiades, who convinced Athenians to mount a catastrophic invasion of Sicily that cost Athens the Peloponnesian War; he rolled with Critias, one of the notorious tyrants of Athens during the 404-403 Spartan puppet dictatorship that resulted from losing that war.

All the while, Socrates had openly preached a dim view of the Athenian democratic system. Again, we don’t have the master’s direct words here, but something like the dialogue presented by the Socrates character in Plato’s allegory of the cave — in which non-philosophers are a lot of purblind morlocks — is difficult to square with anything but an elitist take of civilization. There’s a reason this could be a bit of a sore subject in a city that had just seen the glories of its late imperial apex possessed by Spartan hoplites, especially when espoused by a guy who rubbed chitons with the tyrants themselves.

Even so, Socrates was only narrowly convicted. Once convicted, the legal game had both the prosecution and the defendant propose a punishment, and the jury select one.

Were this system still practiced somewhere, game theorists would have a field day with it. But Socrates just opted out of the match by proposing that he be “punished” with a public pension for his services to the polis. There’s being a gadfly, and then there’s telling your jury to go take a long walk off a high rock: he was death-sentenced by a larger margin than had voted to convict. Plato makes this a much more martyr-like scene than Xenophon; the latter emphasizes that the septuagenarian chin-waggler didn’t much mind being excused from the frailties of advancing age.

Plato used Socrates repeatedly in various dialogues, and it goes without saying that these are cornerstones of the literary canon. The dialogues of most relevance† for his execution specifically are:

  • the Apology, Plato’s account of the defense Socrates mounted at trial: it’s in this text that Socrates is reported to utter the words, “the unexamined life is not worth living.”
  • Crito, a conversation between a wealthy guy of that name and the condemned Socrates in which the philosopher expounds his theory of citizenship and social contract in refusing Crito’s blandishments to escape before execution.
  • the Phaedo, in which Socrates argues for the immortality of the soul, and then gets down to the business of swallowing his fatal draught.

Soon the jailer, who was the servant of the Eleven, entered and stood by him, saying:—To you, Socrates, whom I know to be the noblest and gentlest and best of all who ever came to this place, I will not impute the angry feelings of other men, who rage and swear at me, when, in obedience to the authorities, I bid them drink the poison—indeed, I am sure that you will not be angry with me; for others, as you are aware, and not I, are to blame. And so fare you well, and try to bear lightly what must needs be—you know my errand. Then bursting into tears he turned away and went out.

Socrates looked at him and said: I return your good wishes, and will do as you bid. Then turning to us, he said, How charming the man is: since I have been in prison he has always been coming to see me, and at times he would talk to me, and was as good to me as could be, and now see how generously he sorrows on my account. We must do as he says, Crito; and therefore let the cup be brought, if the poison is prepared: if not, let the attendant prepare some.

Yet, said Crito, the sun is still upon the hill-tops, and I know that many a one has taken the draught late, and after the announcement has been made to him, he has eaten and drunk, and enjoyed the society of his beloved; do not hurry—there is time enough.

Socrates said: Yes, Crito, and they of whom you speak are right in so acting, for they think that they will be gainers by the delay; but I am right in not following their example, for I do not think that I should gain anything by drinking the poison a little later; I should only be ridiculous in my own eyes for sparing and saving a life which is already forfeit. Please then to do as I say, and not to refuse me.

Crito made a sign to the servant, who was standing by; and he went out, and having been absent for some time, returned with the jailer carrying the cup of poison. Socrates said: You, my good friend, who are experienced in these matters, shall give me directions how I am to proceed. The man answered: You have only to walk about until your legs are heavy, and then to lie down, and the poison will act. At the same time he handed the cup to Socrates, who in the easiest and gentlest manner, without the least fear or change of colour or feature, looking at the man with all his eyes, Echecrates, as his manner was, took the cup and said: What do you say about making a libation out of this cup to any god? May I, or not? The man answered: We only prepare, Socrates, just so much as we deem enough. I understand, he said: but I may and must ask the gods to prosper my journey from this to the other world—even so—and so be it according to my prayer. Then raising the cup to his lips, quite readily and cheerfully he drank off the poison. And hitherto most of us had been able to control our sorrow; but now when we saw him drinking, and saw too that he had finished the draught, we could no longer forbear, and in spite of myself my own tears were flowing fast; so that I covered my face and wept, not for him, but at the thought of my own calamity in having to part from such a friend. Nor was I the first; for Crito, when he found himself unable to restrain his tears, had got up, and I followed; and at that moment, Apollodorus, who had been weeping all the time, broke out in a loud and passionate cry which made cowards of us all. Socrates alone retained his calmness: What is this strange outcry? he said. I sent away the women mainly in order that they might not misbehave in this way, for I have been told that a man should die in peace. Be quiet then, and have patience. When we heard his words we were ashamed, and refrained our tears; and he walked about until, as he said, his legs began to fail, and then he lay on his back, according to the directions, and the man who gave him the poison now and then looked at his feet and legs; and after a while he pressed his foot hard, and asked him if he could feel; and he said, No; and then his leg, and so upwards and 118upwards, and showed us that he was cold and stiff. And he felt them himself, and said: When the poison reaches the heart, that will be the end. He was beginning to grow cold about the groin, when he uncovered his face, for he had covered himself up, and said—they were his last words—he said: Crito, I owe a cock to Asclepius; will you remember to pay the debt? The debt shall be paid, said Crito; is there anything else? There was no answer to this question; but in a minute or two a movement was heard, and the attendants uncovered him; his eyes were set, and Crito closed his eyes and mouth.

Such was the end, Echecrates, of our friend; concerning whom I may truly say, that of all the men of his time whom I have known, he was the wisest and justest and best.

A few books about the death of Socrates

* The Phaedo places Socrates’ trial on the day after Athens consecrated a ritual boat for its annual pilgrimage. (This was supposed to be the very boat that the hero Theseus had sailed back after defeating the minotaur in time immemorial, and the Athenians maintained it for centuries in a seaworthy state to make ceremonial voyages to the island of Delos, a sanctuary for Theseus’s patron Apollo. This is also the very conveyance in question in the “Ship of Theseus” paradox, a philosophical conundrum proceeding from the question of whether the thing was still “Theseus’s ship” if every single component of it had been replaced in the intervening years.) Anyway, Theseus aside, that mention of the consecration gives us Mounichion 7 on the confusing lunisolar Attic calendar for the trial of Socrates.

During the ship’s sacred voyage, Athens was to remain ritually “cleansed.” This condition included not conducting any executions. A date for the death of Socrates is established by Xenophon and Seneca reporting that the boat returned after 30 days — which was about twice as long as ordinarily required, but the archaic craft was very vulnerable to bad weather. 30 days is an eminently doubtable nice round number, but where ancient dates are concerned, we takes what we can gets.

“Counting inclusively, as was then the custom, Socrates died on Thargelion 6, which is the very day recorded for his birth,” notes Reason and Religion in Socratic Philosophy. It’s possible that Socrates’s birthday became associated with Thargelion 6 because Thargelion 6 was associated with Socrates via his execution … but Thargelion 6 became known as man’s execution date. It also happened to be the Athenian festival “Thargelia” (and the day before Plato’s Thargelia 7 birthday).

There are other dates out there. In particular, a number of easily accessible pages claim that the hemlock was downed on May 7, 399. I’m not positive, but it appears to me that this might have originally been arrived at by counting 30 days exclusively from Mounichion 7 to reach Thargelion 7, then noticing that Thargelion typically began sometime in May, and smushing together “May” and “7” from alien calendars … after which it’s been repeated on the basis of previous source’s authority. If there’s better support for this date than I infer, I welcome correction.

For my part, I’ve dated this entry based on the astounding Hellenic Month Established Per Athens calendar, specifically its dates for Thargelion of the 1st year of the 95th Olympiad. Thargelion 6 corresponded to May 18/19, says HMEPA — Greek days began at sundown — and since Socrates died at the end of daylight, just before sunset, that’s a Gregorian May 19th. Again, though, all this is built upon a chain of questionable inferences based on a few questionable passing remarks from just a couple of ancient sources. In the end, one just can’t know for sure.

** Plato reports in the Apology Socrates characterizing himself as such this way — “a sort of gadfly, given to the state by God; and the state is a great and noble steed who is tardy in his motions owing to his very size, and requires to be stirred into life” by his stings — bequeathing to us the evocative metaphor.

† Find these essential execution-related dialogues here, here, or here, or just the highlights here.

On this day..

1521: Edward Stafford, Duke of Buckingham

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Thanks for the guest post to Nancy Bilyeau, the author of The Crown and The Chalice, thrillers set in Tudor England. The main character is Joanna Stafford, a Dominican novice.

On this day in 1521, Edward Stafford, 43, third duke of Buckingham, was beheaded on Tower Hill outside the Tower of London, found guilty of high treason against Henry VIII.

In Shakespeare’s play Henry VIII, the king said of Buckingham, “He hath into monstrous habits put the graces that were once his, and is become as black as if besmear’d in hell.” Today few believe that the duke actively plotted to overthrow his king. But Edward Stafford was guilty nonetheless — of being too noble, too rich and too arrogant to survive in the increasingly paranoid court of Henry VIII, his cousin once removed.

Buckingham’s life had been marked with loss and suspicion.

When he was five years old, his father, the second duke, was executed by Richard III. Young Edward Stafford was hidden from Richard III in relatives’ homes, not to emerge until Henry VII defeated the last Yorkist king at Bosworth.

He became a royal ward of the Tudor family, knighted at the age of seven. But as he grew into a proud, preening adolescent, Henry VII cooled toward him, fearing that he outshone the heir to the throne, the future Henry VIII.

Stafford was a direct descendant of Edward III and so had a solid claim to the succession. What didn’t help was that foreign ambassadors wrote admiringly of “my lord of Buckingham, a noble man and would be a royal ruler.”

Henry VIII succeeded to the throne in 1509, unchallenged by his older cousin. In fact, the duke was lord high steward for the coronation and carried the crown.

But over the next ten years he was pushed out of the center of power more and more. As friends, Henry VIII much preferred lower-born, jovial men like Charles Brandon and William Compton. And the man who ran the entire kingdom was Cardinal Thomas Wolsey. There was no place for Buckingham.

In response, Edward Stafford married a noblewoman of the Percy family, fathered four children (and several illegitimate children), and withdrew to his vast estates, where he was the unquestioned man in charge.

What changed in the cousins’ relationship to draw treason charges in 1521?

For one, it was becoming apparent that Henry VIII would have no male heir.

Catherine of Aragon‘s last pregnancy was in 1518. They had a daughter, Mary. But the Tudor dynasty was a new one, and Henry VIII and Cardinal Wolsey weren’t sure that the nobility would accept a female ruler someday. Might they not look to the duke of Buckingham, instead?

On April 8, 1521, the duke was ordered to London from his castle at Thornbury. He set out for the court, seemingly unaware of any danger, and was greatly shocked when arrested along the way and taken to the Tower. At his trial, he was charged with “imagining and compassing the death of the king,” through seeking out prophecy from a monk named Nicholas Hopkins about the chances of the king having a male heir. Evidence was supposedly obtained from disgruntled former members of the duke’s household.

Buckingham denied all charges. But a jury of 17 peers found him guilty, led by the duke of Norfolk, who condemned him — while weeping.

Edward Stafford died with dignity on Tower Hill, and was buried in the Church of the Austin Friars. One chronicler said Buckingham’s death was “universally lamented by all London.”

Parliament passed a bill of attainder, and the duke’s enormous wealth — his castles and holdings and titles — passed to the crown. The illustrious Stafford clan never rose to prominence again. They were the first noble family to be crushed by Henry VIII … but definitely not the last.

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1858: William and Daniel Cormack, for murdering John Ellis

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“Land agents” — the rent-squeezing fist of distant landlords — were not popular people in Ireland. These bill collectors literally ran people out of house and home: one late 19th century land agent in Ireland recalled in his memoirs having received over a hundred threatening letters and, in November 1884, having his house in Kerry dynamited.

So the 1857 murder of Tipperary land agent John Ellis drew little surprise (his life had been attempted at least twice before, when he evicted people to prospective starvation during the Great Famine), and drew scarcely any mourning.

“He had been earning this for many a year, if any man however bad could be said to earn such an end, by turning people out in the road,” an observer noted. That observer was the Archbishop … talk about a tough crowd.

Since £90 had been left undisturbed in the murdered man’s pockets, authorities were pretty sure it was no passing robber that got the best of John Ellis but someone who targeted the hated land agent. However, the only witness — and the word applies only in the loosest sense — was the teenage cart-driver who had been ferrying Ellis home near midnight when his passenger had been shot by ambush from the bushes. Young Thomas Burke hadn’t seen anything useful.

Still, within only days, police had zeroed in on their suspects — with classic tunnel vision.

In fine, the working official hypothesis was that Ellis had been shot over a personal grudge, and not because of his distasteful profession. William and Daniel Cormack had a sister who had just given birth out of wedlock in the poorhouse; they had another sister who was known to be carrying on with John Ellis, who was a notorious cad during his downtime between evictions. The idea was that the brothers shot Ellis to preserve their one sister from the other sister’s fate.

With no actual evidence to buttress this just-so story, John Law got to twisting arms. An 11-year-old girl was parked in solitary confinement for two months to try to get her to incriminate the Cormacks.

The child, to her glory, stubbornly refused to do so. But Thomas Burke, the cart-driver, could not equal her steel. After initially deposing that he had seen nothing — it was very dark, after all — he managed to “remember” that he actually had seen the Cormacks on the scene after all. Another man also “verified” this testimony.

On the strength of these eminently impeachable eyewitnesses the Cormacks were doomed to die. Burke would later admit that he lied, and 2,000-plus people signed a petition pleading for a pardon.

None was forthcoming.

Mounting a public scaffold at Nenagh for a crowd welling with pity, Daniel Cormack made a dying declaration that everyone believed: “Lord have mercy on me, for you know, Jesus, that I neither had hand, act, nor part in that for which I am about to die. Good people, pray for me.”

This rank injustice only rankled more* as years passed.

Fifty-two years later the hanged boys were exhumed from their graves in Nenagh Gaol and given a long honorary procession to their native town of Loughmore, where they were laid to rest in a prominent white mausoleum that can still be visited today.

The plaque at that structure records the closest thing to the verdict of history upon the case:

By the Irish Race in memory of the brothers DANIEL and WILLIAM CORMACK who for the murder of a land agent named ELLIS were hanged at NENAGH after solemn protestation by each on the scaffold of absolute and entire innocence of that crime, the 11th day of May 1858. The tragedy of the brothers occurred through false testimony procured through GOLD and terror, the action in their trial of JUDGE KEOGH, a man who considered personally, politically, religiously and officially was one of the monsters of mankind, and the verdict of a prejudiced, partisan packed perjured jury. Clear proof of the innocence of the brothers afforded by ARCHBISHOP LEAHY to the VICEROY of the day but he nevertheless gratified the appetite of a bigoted, exterminating and ascendancy caste by a judicial murder of the kind which lives bitterly and perpetually in a nation’s remembrance.

The excellent Irish History Podcast site is all over this story, with a detailed post and a heart-wrenching podcast episode.

* A later ballad (just one of several) ramps up the nationalist-confrontation factor for the age of Fenianism … and fabricates the detail of an exculpatory thunderstorm.

In the year of fifty eight, my boys, that was the troublesome time
When cruel landlords and their agents were rulers of our isle.
It was then that Ellis was shot down by an unknown hand.
When the news spread round Killara that Trent’s agent he was shot,
The police were then informed and assembled on the spot.
They searched every field and garden, every lane and every shed,
Until they came to McCormack’s house where two boys were in bed.

They accused these boys of murder from information they had got
From the coachman who was driving at the time that Ellis was shot.
They said that they were innocent, but ’twas all of no avail.
They were handcuffed and made prisoners and conveyed to County Gaol.
At the Spring Assizes these two young men stood their trial in Nenagh town.
By a packed jury of Orangemen, they were guilty found.
The judge addressed the prisoners. He asked what they had to say
Before he signed their execution for eleventh day of May.

“In Mill Killara we were reared, between Thurles and Templemore,
Well known by all inhabitants around the parish of Loughmore.
We’re as innocent of shooting Ellis as the child in the cradle do lie,
And can’t see the reason, for another man’s crime, we are condemned to die.”
The execution it took place, by their holy priest reconciled, their maker for to face.
Such thunder, rain and lightning has ne’er been witnessed since
As the Lord sent down on that day, as a token of their innocence,
That their sould may rest in heaven above as their remains rest in Loughmore.

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1979: Rahim Ali Khorram and Habib Elghanian, millionaire businessmen

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Iranian Revolution firing squads claimed seven lives on this date in 1979, including two multimillionaire businessmen.

One of the businessmen was Rahim Ali Khorram, “an immensely rich contractor who built roads and airports for the government, and sometimes used his 2,000-man work force as a political shock force in support of the Shah.” That quote is from a New York Times profile of Khorram’s son, Hossain, who says that he himself was led out for a mock-execution not long after. (Hossain also says that his father was dead or dying of a heart attack as he was dragged out for execution.)

The charges against Khorram pere consisted of “operating gambling dens, cabarets and a prostitution ring* and feeding a man to a lion in his amusement park.” No lie. He was supposed to have an entire secret necropolis in that park stuffed with the bodies of his enemies. (New York Times, May 10, 1979.)

Habib Elghanian

The other businessman was the Jewish-Iranian plastics mogul Habib Elghanian.

Elghanian was the first Jewish person executed during the Iranian Revolution. His death on charges of spying for Israel, fundraising for Israel, and “friendship with the enemies of God” for having met with Israeli politicians, greatly alarmed Iran’s Jewish community: many fled the country, something Elghanian had pointedly refused to contemplate.

Though Elghanian allegedly claimed not to be a Zionist, he had investments and contacts in Israel — and a radio denunciation made clear to what extent such an association would be anathematized going forward.

He was a disgrace to the Jews in this country. He was an individual who wished to equate Jewry with Zionism … the mass of information he kept sending to Israel, his actions to achieve Israel’s designs, the colossal sum of foreign exchange and funds he kept transferring to Israel; these are only samples of his antinational actions; these were the acts used to crush our Palestinian brethren. (Source)

Weirdly, this execution has made news more recently: the Stuxnet computer worm, which is widely thought to have been engineered in Israel to attack Iran, contains the string 19790509. It’s been hypothesized that this apparent reference to May 9, 1979 might allude to Elghanian’s execution.

* Alleged clientele: the already-executed Gen. Nematollah Nassiri.

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1996: Ravji Rao aka Ramchandra, on questionable jurisprudence

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India’s recent re-entry into the death penalty club makes this an apt occasion to recall a past generation when that country was a somewhat more willing hangman than it has been in recent years.

Ravji was among India’s last hangings prior to the near-moratorium in India in the first years of the 21st century.

And considering India’s recent reputation for extreme deliberation, with death sentences routinely stuck in decades-long holding patterns, Ravji’s case was not at all typical. He hanged just two days shy of the third anniversary of his murder — the horrifying slaughter of his three children, his pregnant wife, and his neighbor, all for no discernible reason.

Death sentences in India have to be handed down only for the “rarest of the rare” crimes, but when a two-judge Supreme Court panel (India has a large high court which decides most cases without sitting en banc) heard the appeal in 1995, it had no trouble ruling this filicide easily qualified as rarest-rare. I mean, you’d think, right?

Funny thing.

The judgment in Ravji simply said that “it is the nature and gravity of the crime, but not the criminal, which are germane for consideration of appropriate punishment in a criminal trial.” If the crime is among the most awful murders known and creates “society’s cry for justice against against the criminal,” then it’s among the rarest of the rare: it doesn’t matter if the intent or mental state of the person who carried it out might have been in any way mitigated from full responsibility.

In 2009, the Supreme Court walked that interpretation back, acknowledging that Ravji aka Ramchandra v. State of Rajasthan flatly contravened pre-existing death penalty jurisprudence dating back to 1980* specifying that the characteristics of the criminal counted, too. “We are not oblivious that the Ravji case has been followed in at least six decisions of this Court in which death punishment has been awarded in [the] last nine years,” the judgment noted with some embarrassment. “But, in our opinion, it was rendered per incuriam (ignored the statute of law).”

Subsequent judgments have confirmed that re-reading, and a letter of retired justices even flatly called Ravji’s hanging (along with that of Surja Ram in 1997, under the same since-abandoned jurisprudence) “possibly the gravest known miscarriage of justice in the history of crime and punishment in independent India.”

* A case called Bachan Singh v. State of Punjab was the precedent Ravji erroneously ignored. Bachan Singh delineated several factors that should all be considered in weighing prospective “rarest of the rare” situations:

  1. the manner of the commission of the murder;
  2. the motive;
  3. the antisocial or socially abhorrent nature of the crime;
  4. the magnitude of the crime;
  5. the personality of the victim of murder

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1749: Richard Coleman, solemnly declaring

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On this date in 1749, five men were hanged at Kennington Common.

We wish well the restive shades of Patrick Rena, Thomas Dobbings, Thomas Walker, and Arthur Gibbons; the former two died for a violent robbery upon the roads, and the latter two for a violent robbery upon the Thames.

But our attention for this date is to the fifth man. Richard Coleman also drew the attention of those present, both for the monstrous crime he was accused of, and for his steady assertion of innocence. The minister assigned to salvage these wrongdoers’ souls, which was also a not entirely reputable marketing business in selling scaffold exclusives, knew a lead story when he saw one.

Coleman was executed for being part of a gang of three men who raped to death a woman named Sarah Green on the night of July 23, 1748. He was in no way implicated in this horrific crime for well over a month, a time when the victim lay precariously in hospital.

But by the next April, well … he was the man as far as the law was concerned. Coleman protested his innocence in vain, via Rev. Wilson; the latter’s hanging-day chapbook made Coleman the distinct feature attraction.

The following Paper was delivered to me at the Place of Execution, by Richard Coleman, which he earnestly desired I would publish.

To all Christian People.

The dreadful Sentence passed upon me, I shall meet with Cheerfulness, being in no Degree conscious of the least Guilt of that most inhuman and most unnatural Crime that I have been found guilty of.

I am very sensible that it is not in my Power to make the incredulous World believe me innocent. I leave the following Account with the Rev. Mr. Wilson, who I am very greatly obliged to, and return him my hearty Thanks, for the comfortable Relief I have received from him in a Preparation for a future State of Bliss, and I hope he will cause it to be published for m Satisfaction, that it may pass the impartial Examination of all Persons.

Here Coleman proceeds to give a detailed, almost hour-by-hour account of his activities on the night of the murder … and the activities of those around him.

Coleman was at pains to do this not only to assert his own innocence, but to decry a particular witness who ought to have supported his alibi but instead made it known “that if he was subpoenaed he should do me more Harm than Good … The Occasion of expressing himself in that severe Manner, I suppose, was owing to his being unluckily found by me with Mrs. B—t in very indecent Actions soon after her Husband’s Death; and having been often detected by me in the same Manner, it has caused ill Blood between us.”

Whether this man’s testimony would have made the difference one can only guess. At any rate, Coleman insisted,

On Monday the 25th of July I heard that a Woman had been used very ill by three of our Men, but no-body was taken up for it till a Quarrel happened between me and one [Daniel] T[rotma]n, at the Queen’s Arms Alehouse in Bandy-Leg Walk, which was as follows:

— On the 27th of August last … I was very much in Liquor; we had a Pint of Bumbo in the publick Room; and as I was stirring it with a Spoon, Trotman, an entire Stranger to me, very abruptly asked me what was done with the Pig, (meaning a Pig that our Men had taken and killed belonging to a Neighbour, and had been in Custody for it.) … I said to Trotman, Damn the Pig, what is it to me. He damn’d me, and I him; we gave each other very bad Language, and because it had been reported that three or four of our Men committed the Cruelty on Sarah Green, he made use of the following aggravating Words, namely (says he) Don’t you know Kennington Lane. I reply’d yes, I do, damn you, what of that? He said again don’t you know the Woman that was so cruelly treated, Yes, said I, Damn you what of that? Said he, was not you one of the Persons concerned in doing it; I reply’d if I was, you Dog what then, and immediately threw the Spoon at him. He returned it in the same Manner at me, and had it not been for the Persons present we should have fought.

…

The Morning after the Quarrel happened I called at the Queen’s Arms Alehouse; and Mr. C—t, who keeps the House, said to me Mr. Coleman you was silly last Night … and he repeated the Discourse aforesaid, and told me I did not consider what Advantage bad People might make of such unguarded Expressions. I reply’d that I was much in Liquor, and did not remember what I said.

But as prophesied, the offended Daniel Trotman and a woman in the pub who witnessed the exchange did indeed proceed on the basis of this “admission” to swear out an oath against Coleman who

was carried to the poor Woman in St. Thomas’s Hospital, to see if she knew any Thing of me; and when I came before her I was particularly pointed out by Mr. C— P—e, who laid his Hand on me, and said, is this one of the Men; which was not fair, for she should [not] have fixed upon me without being dictated. Upon that she said I believe he is one. I said to her consider well what you say, for my Life is at Stake. Will you swear I am one of the Persons. She reply’d, No I won’t, and likewise said if I was one of them we walked a good Way, and talk’d of indifferent Things, and you behav’d much like a Gentleman; but when she was assaulted, I ran away, which was not behaving like a Man.

Coleman’s story was that he wasn’t with Sarah Green as friend or foe at all that night. The justice of the peace clearly thought little enough of Green’s sketchy witness guesstimate that Coleman was released on his own word to return for more questioning.

The next scene at Sarah Green’s bedside begins with Coleman outside the room, and the victim asked

what sort of a Man Mr. Coleman was. She reply’d that he wore his Hair, and had a Carroty Beard. As to having my own Hair she was mistaken, for I have not wore it these 14 Years.

His Worship asked the Deceased if she could swear that I aided or assisted in the Assault. She said No, I cannot, for it was dark.

I was called in, and she made the following Information.

This Informant on her Oath says, that on Saturday Night the 23rd of July last between the Hours of 11 and 12 o’Clock, as she was going thro’ Newington Church-Yard to her Lodging in Bandy-Leg-Walk, she was assaulted and cruelly beaten by two Men to her unknown, and that R. Coleman was present in her Company at the Time she was assaulted and cruelly treated.

Coleman would say in his last publication that he believed Sarah Green was coached. Being conscious of innocence — we’ll come to that — the evidence aligning against him must have struck the young man as the product of an evil hand. Maybe it was just a lot of circumstantial stuff and half-mistaken witnesses falling into a terrible pattern.

The next mischance to befall the accused was that his victim/accuser succumbed to her injuries prior to the formal September 19 hearing.

This made the charge against him murder. Well, rape was already a capital crime, so no real change for Coleman … except that he had now lost the chance to confront openly a witness whose testimony sounds from the hospital interviews like it was eminently impeachable. Now, Green’s last affidavit was going to her final word on the matter.*

Coleman fled the warrant consequently taken out for him, which was read as evidence of guilt by neighbors who had the luxury of not reckoning their own survival odds upon a jury-box. Coleman says he tried to place an advertisement which a lily-livered editor rejected, reading

I, Richard Coleman, seeing myself advertised in the Gazette as absconding on Account of the Murder of Sarah Green, knowing my self not any ways culpable, do assert, that I have not absconded from Justice, but will readily and willingly appear at the Assizes, knowing my Innocence will acquit me.

Ha.

From some combination of partiality, malice, and groupthink, some additional eyewitness testimony — people who think they might have seen him that night, people who swear they talked to Coleman and Green together but never thought to bring it up to the authorities until he was arrested, and alibi witnesses of his own whom jurors disbelieved — Coleman was judged guilty and doomed to the noose.

Basically, the evidence against him was that he’d popped off to Daniel Trotman while in his cups, Sarah Green (mostly) ID’d him, and some people thought he’d been seen with her in the dark that night while some of Coleman’s own friends and relatives claimed otherwise. There isn’t exactly going to be crime lab evidence here, nor was there an explicit threshold for jurors to require near-certainty to convict. It probably looked to the court like a pretty darn good case.

Coleman had no recourse but to commit his futile self-vindication to posterity.

I do also most solemnly protest, that I am not in any Manner of Degree guilty of that most inhuman Murder of Sarah Green, neither was I at Newington, or in Kennington-Lane that Night that the cruel Fact was committed on Sarah Green.

This I declare as a dying Man, and I sincerely believe (as the Rev. Mr. Wilson told me several Times) if I was either directly or indirectly guilty of that Murder, and should go out of the World with denying it, that eternal Damnation would be my Portion.

… I have the Satisfaction to declare myself to the World (as I have often done to the Rev. Mr. Wilson) that I never was so serene in Mind, or so easy in my Conscience in my Life, as I am at this Time, and I heartily wish that every wicked Sinner may have the Opportunity of so good a Divine as the Rev. Mr. Wilson has been unto me, which must be a great Means to the Enjoyment of eternal Bliss.

It is an inexpressible Pleasure to me, that I am soon to leave this very wicked World; and I hope that GOD Almight of his infinite Mercy and Goodness, will, through the Merits and Intercession of my blessed Redeemer, his only Son our Saviour Jesus Christ, pardon all my Sins, and receive my Soul into eternal Happiness …

There is nothing that gives me so much Concern as the Distress that I leave my poor Wife and two Infants in. She has been very good to me under my unhappy Misfortune and so have my poor afflicted Brothers. I hope that the Almighty will be the Guardian of my Wife and Children.

Oops

We’ve been speaking of Coleman as categorically innocent but presented only conflicting and doubtful witnesses.

The resolution of the matter did not come until two full years after Coleman serenely strangled to death. The rest of the story was incautiously blabbed by a gentleman named James Welch to a companion as they walked the road to Newington Butts.

“Their conversation,” says the Newgate Calendar, “happened to turn on the subject of those who had been executed without being guilty; and Welch said: ‘Among whom was Coleman. Nichols, Jones and I were the persons who committed the murder for which he was hanged.'”

Maybe he should have chatted about the weather.

In the course of conversation Welch owned that, having been at a public-house called Sot’s Hole, they had drunk plentifully, and on their return through Kennington Lane they met with a woman, with whom they went as far as the Parsonage Walk, near the churchyard of Newington where she was so horridly abused by Nichols and Jones that Welch declined offering her any further insult.

Welch’s companion informed on him, but upon arrest there was no better evidence against Welch, Nichols, and Jones than there had been against Coleman. Actually, this later case was much weaker: one guy’s alleged hearsay statement.

In a classic prisoner’s-dilemma scenario, John Nichols was finally persuaded to turn crown’s evidence on the other two before they turned on him, and his testimony to the vile end of Sarah Green got his former mates hanged.

“The poor woman was treated in a manner too shocking to be described,” our correspondent relates. And “it appeared that at the time of the perpetration of the fact the murderers wore white aprons, and that Jones and Welch called Nichols by the name of Coleman — circumstances that evidently led to the conviction of the unfortunate man of that name.”

Mistakes Happen…

The hangings in the case of Sarah Green — both the right ones and the wrong one — occurred at the acme of Britain’s “Bloody Code” days.

It’s instructive to note that the reality of wrongful executions seems to have been widely accepted. In the case at hand, the Newgate Calendar does not mince words in describing Richard Coleman as innocent.

And while doubt about individual defendants’ guilt often led jurors to acquittals or the ad hoc “pious perjury” downgrading of potentially capital charges, the existence of this or that wrongful execution in no way imperiled the capital statutes as a whole. It was merely another risk in a brutal world all too full of them.

Just a few months after Welch and Jones went to the gallows, another woman controversially on trial for her life received from one of her correspondents a lament that “We see nothing more frequent than Persons confessing the Crimes that others had suffer’d for before.”

* Although Green’s case was a bit different since she actually had time to swear a statement, the legal footing of “dying declarations” vis-a-vis the usual right of a defendant to confront an accuser has long remained a jurisprudential sticky wicket.

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1912: Tom Miles lynched

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From the Montgomery Advertiser (April 10, 1912)

Lynched After Acquittal

SHREVEPORT, La., Apr. 9 — Tom Miles, a negro, aged 29, was hanged to a tree here and his body filled with bullets early today. He had been tried in police court yesterday on a charge of writing insulting notes to a white girl, employed in a department store, but was acquitted for lack of proof.

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