Category Archives: Wrongful Executions

1405: Richard le Scrope and Thomas de Mowbray, without color of law

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On this date in 1405, Henry IV had two rebellious peers beheaded on his authority at York.


The lower panels of this stained glass in St. Andrew’s Church, Bishopthorpe, depict the trial of Archbishop Scrope. Image (c) Roger Walton and used with permission.

Richard le Scrope, Archbishop of York, and Thomas de Mowbray, Earl of Norfolk, had both become estranged from Henry Bolingbroke, the noble who had wrested control of the English crown as Henry IV.

Since Henry’s legitimacy was dubious, he faced even more than a monarch’s usual ration of plots and rebellions — most famously that of young Sir Henry Percy, remembered as “Hotspur” in Shakespeare’s Henry IV part 1.

That particular enemy met his end in 1403, but old man Percy was soon back to fomenting from his expansive holdings in the north.

Mowbray, a disaffected teenager, and Scrope, a seasoned prelate who should have known better, were drawn into the next intrigue — by “the odor of French promises or rewards,” their enemies charged. A noble loyal to Henry intercepted their modest force and (so the story goes*) by representing to accept Scrope’s offer to parley induced the rebels to disband, whereupon the ringleaders were arrested.

Henry demanded their immediate condemnation; Chief Justice William Gascoigne insisted upon their right to be judged by other peers of the realm (and upon the inviolability of the archbishop**). The hot-blooded† Henry was inclined not to bother, and simply had their heads lopped off on his own authority.

Shakespeare treats this episode in Henry IV, part 2:

HASTINGS [another rebellious lord, who shared the same fate]

Our Army is dispers’d:
Like youthfull Steeres, unyoak’d, they tooke their course
East, West, North, South: or like a Schoole, broke up,
Each hurryes towards his home, and sporting place

WESTMORLAND

Good tidings (my Lord Hastings) for the which,
I doe arrest thee (Traytor) of high Treason:
And you Lord Arch-bishop, and you Lord Mowbray,
Of Capitall Treason, I attach you both

MOWBRAY

Is this proceeding just, and honorable?

WESTMORLAND

Is your Assembly so?

BISHOP SCROPE

Will you thus breake your faith?

JOHN

I pawn’d thee none:
I promis’d you redresse of these same Grievances
Whereof you did complaine; which, by mine Honor,
I will performe, with a most Christian care.
But for you (Rebels) looke to taste the due
Meet for Rebellion, and such Acts as yours.
Most shallowly did you these Armes commence,
Fondly brought here, and foolishly sent hence.
Strike up our Drummes, pursue the scatter’d stray,
Heaven, and not wee, have safely fought to day.
Some guard these Traitors to the Block of Death,
Treasons true Bed, and yeelder up of breath.

(See this scene played here.)

Scrope’s execution in particular played very badly as an arrogation of secular power over the ecclesiastical authorities. The pope was persuaded not to excommunicate Henry — that step would be reserved a later King Henry — but many contemporaries viewed the monarch’s subsequent (and ultimately fatal) bouts with disfiguring “leprosy” as a judgment from above St. Peter’s throne.

This Google books freebie has much more on the cast of characters at the center of this day’s action.

* This popular version has its opponents; the rebels may have simply surrendered when they recognized their hopeless military disadvantage.

** Interestingly, the very uncle of the noble who effected the arrest of Scrope and Mowbray had been implicated a traitor a generation before by the Merciless Parliament. Unlike many, Alexander Neville was spared a death sentence for his perceived proximity to Richard II … because he was, as Scrope would become, the Archbishop of York.

† Henry was making noises about destroying York altogether as punishment for its disloyalty as he rode there following the “Battle” of Shipton Moor. Residents of that northern city met him in poses of desperate submission — dressed in sackcloth, ropes about their necks, offering up their weapons.

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1862: William B. Mumford, flag desecrator

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On this date in 1862, a 42-year-old gambler hanged at the New Orleans mint where, six weeks before, he had pulled down the Stars and Stripes of the arriving Union occupiers to the delight of a Confederate mob.

Moving to secure the Mississippi, Northern forces had the Big Easy encircled and about to surrender when, an advance team landed in the undefended city and pulled down the Stars and Bars over the mint on Esplanade Avenue.

William Bruce Mumford was among the Confederate loyalists who took exception to the Yankee flag, so he chopped it down and dragged it through the street (provoking a cannonade from a Union warship). The flag was little but tatters by the time he had through with it.

Although the city was not officially occupied at the time of this incident, the mint was a federal building. Army General Benjamin Butler resolved to make a salutary example out of the incident to quell any possible civil unrest.

I find the city under the dominion of a mob. They have insulted our flag — torn it down with indignity. This outrage will be punished in such a manner as in my judgment will caution both the perpetrators and abettors of the act, so that they will fear the stripes, if they do not reverence the stars of our banner.

Butler, it should be allowed, had some reason for this conclusion. The Picayune exulted the act as, well, a call to resistance.

The names of the party that distinguished themselves by gallantly tearing down the flag that had been surreptitiously hoisted, we learn, are W. B. Mumford, who cut it loose from the flag-staff amid the shower of grape. Lieutenant N. Holmes, Sergeant Burns and James Reed. They deserve great credit for their patriotic act. New Orleans, in this hour of adversity, by the calm dignity she displays in the presence of the enemy, by the proof she gives of her unflinching determination to sustain to the uttermost the righteous cause for which she has done so much and made such great sacrifices, by her serene endurance undismayed of the evil which afllicts her, and her abiding confidence in the not distant coming of better and brighter days — of speedy deliverance from the enemy’s toils — is showing a bright example to her sister cities, and proving herself, in all respects, worthy of the proud position she has achieved. We glory in being a citizen of this great metropolis.

This free book argues that Butler’s clemency a few days before to a group of condemned southern enlisted men made mercy politically impossible in the Mumford case, lest the citizenry interpret executive weakness as an invitation to lawlessness.

If that was Butler’s calculus, Confederate die-hards did not appreciate it.

Accordingly, when Mumford was “hung … from a flag-staff projecting from one of the windows under the front portico” of the mint, he won promotion into the pantheon of southern martyrs.

Confederate President Jefferson Davis issued an order condemning General Butler, and even his officers, to death, along with some outsized bluster about embargoing prisoner exchanges that the Confederacy had not the manpower to seriously intend:

William B. Mumford, a citizen of this Confederacy, was actually and publicly executed in cold blood by hanging alter the occupation of the city of New Orleans by the forces under the command of General Benjamin F. Butler when said Mumford was an unresisting and non-combatant captive, and for no offense even alleged to have been committed by him subsequent to the date of the capture of the said city …

the silence of the Government of the United States and its maintaining of said Butler in high office under its authority for many months after his commission of an act that can be viewed in no other light than as a deliberate murder, as well as of numerous other outrages and atrocities hereafter to be mentioned, afford evidence only too conclusive that the said Government sanctions the conduct of said Butler and is determined that he shall remain unpunished for his crimes:

Now therefore I, Jefferson Davis, President of the Confederate States of America, and in their name do pronounce and declare the said Benjamin F. Butler to be a felon deserving of capital punishment. I do order that he be no longer considered or treated simply as a public enemy of the Confederate States of America but as an outlaw and common enemy of mankind, and that in the event of his capture the officer in command of the capturing force do cause him to be immediately executed by hanging; and I do further order that no commissioned officer of the United States taken captive shall be released on parole before exchange until the said Butler shall have met with due punishment for his crimes.

And whereas the hostilities waged against this Confederacy by the forces of the United States under the command of said Benjamin F. Butler have borne no resemblance to such warfare as is alone permissible by the rules of international law or the usages of civilization but have been characterized by repeated atrocities and outrages

… (examples of atrocities omitted) …

I, Jefferson Davis, President of the Confederate States of America and acting by their authority, appealing to the Divine Judge in attestation that their conduct is not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary severity crimes of which their citizens are the victims, do issue this my proclamation, and by virtue of my authority as Commander-in-Chief of the Armies of the Confederate States do order-

1. That all commissioned officers in the command of said Benjamin F. Butler be declared not entitled to be considered as soldiers engaged in honorable warfare but as robbers and criminals deserving death, and that they and each of them be whenever captured reserved for execution.

2. That the private soldiers and non-commissioned officers in the army of said Butler be considered as only the instruments used for the commission of the crimes perpetrated by his orders and not as free agents; that they therefore be treated when captured as prisoners of war with kindness and humanity and be sent home on the usual parole that they will in no manner aid or serve the United States in any capacity during the continuance of this war unless duly exchanged.

3. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States.

4. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy.

The Confederates never got a chance to enforce the order; he resumed his colorful political career and died in 1893 hailed as Massachusetts’ greatest citizen-soldier. Complain (pdf) as they might of his iron-heeled rule, the residents of New Orleans had good cause to appreciate the relatively early and orderly occupation of their city, which spared it the flames visited on more recalcitrant rebel strongholds.

For the South, the loss of its largest city and the gateway to the Mississippi was a severe blow. As the rebel position crumbled in the months to come, Jefferson Davis must have had a worry for his own neck.

Somehow, he and every other Southerner escaped execution for their treasonable design, which leaves William Bruce Mumford, the riverboat gambler who tore down Old Glory, as the only American since at least the War of 1812 to be put to death for treason against the United States.*

* Anti-slavery rebel John Brown was hanged for treason in 1859, but it was treason against the state of Virginia — not against the U.S. Julius and Ethel Rosenberg were electrocuted for espionage, not treason.

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1871: The Paris Commune falls

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On this date in 1871, the last barricade of the Paris Commune fell to the onslaught of the army — and a legion of Parisians fell to the army’s firing squads.

On the evening of that bright Sunday when the insurrection finally collapsed, a Sunday when the streets of central Paris were crowded with returning bourgeois, all expressing their satisfaction that the struggle was at last over, the city’s walls were placarded with a proclamation emanating from MacMahon. “Inhabitants of Paris,” said he, “the Army of France has come to save you. Paris is delivered. At four o’clock our soldiers carried the last position occupied by the insurgents. Today the struggle is over, order, work and security will now revive.

I read that announcement in the Rue de Rivoli, not far from the Hotel-de-Ville. A moment later, however, I heard a discharge of musketry … Several insurgents who had been taken fighting were being shot. (My Adventures in the Commune, Paris, 1871, an anti-Commune source)

The day was climax and curtains for the first working-class seizure of power in industrial Europe, but in truth indiscriminate reprisal executions had been underway since troops of the conservative Versailles government first breached rebellious Paris on May 21.

What followed was semaine sanglante, the “bloody week” — each barricade’s surviving defenders executed summarily, and anyone in the city liable to a similar fate if the nearest French officer disliked the cut of his or her jib. Rumors swept the city that women of the Commune were torching buildings, for instance, and suddenly any woman in the street could be killed as an arsonist; some firefighters were shot as saboteurs when the “water” they threw on such flames failed to speedily quench them,* and was consequently adjudged to be kerosone.

And heaven help he who should chance to resemble one of the wanted Communard leaders!

Any passer-by calling a man by a revolutionary name caused him to be shot by soldiers eager to get the premium … Members and functionaries of the Commune were thus shot, and often several times over, in the persons of individuals who resembled them more or less.


Un rue de Paris en 1871, by Maximilien Luce.

The total body counts are guesswork: the killing ran far ahead of the record-keeping. Twenty thousand, or thirty, or more are thought to perished by summary execution. Even the press of the bourgeoisie, whose sword arm the Versailles men comprised, was aghast. London’s Times filled its broadsheets with calumnies upon the Commune, but noted on May 29:

“The Revolution is crushed;” but at what a cost, and amid what horrors! … the Communists seem not very much worse than their antagonists. It sounds like trifling for M. Thiers to be denouncing the Insurgents for having shot a captive officer “without respect for the laws of war.” The laws of war! They are mild and Christian compared with the inhuman laws of revenge under which the Versailles troops have been shooting, bayoneting, ripping up prisoners, women and children, during the last six days.

Whatever the true death toll, it massively surpassed that of the much more eagerly commemorated Revolutionary Terror.

Not for Executed Today to number what the butchers themselves could not. In a city turned charnel house in the midst of a Week of Blood, a few scenes of mortality from the day the Commune fell. (Heavily sourced to the very pro-Commune — hence potentially sensational — History of the Commune of 1871)

This people, heroes in the face of the foreigner, must therefore by called assassins, criminals, wretches, because they died for the Universal Republic, because in defense of their beliefs, their conscience, their idea, they preferred, in their fierce enthusiasm, to bury themselves in the ruins of Paris rather than abandon it to the coalition of despots a thousand times more cruel and more lasting than any foreigner.

-Lissagaray

The 147 Fédérés at Communards’ Wall

At a wall still consecrated to leftists in the Pere Lachaise cemetery of Belleville, 147 were summarily shot.

The 147 are acclaimed as the last defenders of the Commune.

the Commune is in its death throes. Like the dragon of fairy lore, it dies, vomiting flames … What must these men feel who are killing and being killed in the cemetery! To die among the dead seems horrible. But they never give it a thought; the bloody thirst for destruction which possesses them allows them only to think of one thing, of killing! Some of them are gay, they are brave, these men. That makes it only the more dreadful; these wretches are heroic! Behind the barricades there have been instances of the most splendid valour. A man at the Porte Saint-Martin, holding a red flag in his hand, was standing, heedless of danger, on a pile of stones. The balls showered around him, while he leant carelessly against an empty barrel which stood behind. — “Lazy fellow,” cried a comrade. ‘”No,” said he, “I am only leaning that I may not fall when I die.”

–Paris Under the Commune, an anti-Commune source

Communard Eugene Varlin

Varlin, alas! was not to escape. On Sunday the 28th May he was recognized in the Rue Lafayette, and led, or rather dragged, to the foot of the Buttes Montmartre before the commanding general. The Versaillese sent him to be shot in the Rue des Rosiers. For an hour, a mortal hour, Varlin was dragged through the streets of Montmartre, his hands tied behind his back, under a shower of blows and insults. His young, thoughtful head, that had never harboured other thoughts than of fraternity, slashed open by the sabres, was soon but one mass of blood, of mangled flesh, the eye protruding from the orbit. On reaching the Rue des Rosiers, he no longer walked; he was carried. They set him down to shoot him. The wretches dismembered his corpse with blows of the butt-ends of their muskets.

Varlin was shot along with a nameless batch of others to whom the March 18 execution of Generals Lecomte and Thomas had been hastily imputed (they were held at the generals’ execution site, to contemplate their sin). A pro-government paper allowed that Varlin “died game.”


L’execution de Varlin, another Maximilien Luce scene.

Many at the stock exchange

According to the Paris Francais as quoted by this Marxist review of the events

It is at the Bourse that there was to-day the largest number of executions. The doomed men who attempted to resist were bound to the iron railing.

The stock exchange is “a fit place, to be sure, for this sort of business,” observes our interlocutor.

Eighty-plus defenders of Belleville, at the Arc de Triomphe

The London Times editorialized on May 31 upon this incident when the Marquis de Gallifet plucked from the mass of Belleville’s May 28 captives “eighty prisoners, principally soldiers of every arm, linesmen, artillerymen, and Zouaves, [who] were set apart and afterwards led to the right of the rampart to be shot.”

The French are filling up the darkest page in the book of their own or the world’s history. The charge of ruthless cruelty is no longer limited to one party or to one class of persons. The Versailles troops seem inclined to outdo the Communists in their lavishness of human blood. The Marquis de Gallifet is escorting a column of prisoners to Versailles or Satory. He “picks out eighty-two of them, and shoots them at the Arc de Triomphe.” Next came a lot of 20 firemen, then a dozen women, one aged 70. On another spot our Correspondent came upon “80 corpses, piled upon each other, a mass of arms and legs and distorted faces, while the roads and gutter literally flowed with blood.” About 1,000 are said to have thus suffered. By this wholesale and summary execution of prisoners in batches of 50 and 100, not only must the innocent perish with the guilty, but many must bear the penalty of imaginary guilt.

An utterly disconnected Englishman, according to the paper’s correspondent, was accidentally among the four score at the Arc, and only saved by the fortuitous intervention of a Belgian attache.

an English officer somehow got mixed up in the procession, and was forced to keep in it by the escort, who, out of 5,000 prisoners, could not, of course, be expected to recognize one innocent man … it so happened that some of the prisoners tried to escape, and to make an example the leader of the cavalry escort, the Marquis de Gallifet, a man who is not prone to err on the side of mercy, had then and there 81 shot, and the English officer was all but one of them, his explanations being at first refused the slightest attention. Human life has, in fact, become so cheap that a man is shot more readily than a dog.

Socialist physician Tony Moilin

One single fact was Tony Moilin reproached with: that of having on the 18th March taken possession of the mairie of his arrondissement, and having thus had a share in giving the signal for the insurrection …

The court-martial condescended to tell him that the fact of the mairie, the only one he could be reproached with, had in itself not much importance, and did not merit death, but that he was one of the chiefs of the Socialist party, dangerous through his talents, his character, and his influence over the masses; one of those men, in short, of whom a prudent and wise Government must rid itself when it finds a legitimate occasion to do so …

[A] respite of twelve hours was granted him in order that he might make his testament, write a few words of farewell to his father, and finally [marry his pregnant lover] … on the 28th May, in the morning, Tony Moilin was led into the garden a few steps from the palace and shot. His body, which his widow claimed, the surrender of which had been at first promised, was refused her. (History of the Commune of 1871)

The unnumbered dead of Lobau Barracks

Since morning a strong cordon is being formed round the theatre (Châtelet); where a court-martial is permanently established. From time to time one sees a band of fifteen to twenty individuals coming out, composed of National Guards, civilians, women and children fifteen to sixteen years old.

These individuals are condemned to death. They march two by two, escorted by a platoon of chasseurs, who lead and bring up the rear. This cortege goes up the Quai de Gevres and enters the Republican Barracks in the Place Lobau. A minute after one hears from within the fire of platoons and successive musketry discharges; it is the sentence of the court-martial which has just been executed.

The detachment of chasseurs returns to the Chatelet to fetch other prisoners. The crowd seems deeply impressed on hearing the noise of the shootings.

This is another publication’s story cited in the History of the Commune of 1871, which itself also details the court-martial procedures of this drumhead tribunal:

Thousands of prisoners who were led there were first of all penned in upon the stage and in the auditorium, under the guns of the soldiers placed in the boxes; then, little by little, like sheep driven to the door of the slaughter-house, from wing to wing they were pushed to the saloon, where, round a large table, officers of the army and the honest National Guard were seated, their sabres between their legs, cigars in their mouths. The examination lasted a quarter of a minute. ‘Did you take arms? Did you serve the Commune? Show your hands.’ If the resolute attitude of a prisoner betrayed a combatant, if his face was unpleasant, without asking for his name, his profession, without entering any note upon any register, he was classed. ‘You?’ was said to the next one, and so on to the end of the file, without excepting the women, children, and old men. When by a caprice a prisoner was spared, he was said to be ordinary, and reserved for Versailles. No one was liberated.

The classed ones were at once delivered to the executioners, who led them into the nearest garden or court. From the Châtelet, for instance, they were taken to the Lebau Barracks. There the doors were no sooner closed than the gendarmes fired, without even grouping their victims before a platoon. Some, only wounded, ran along by the walls, the gendarmes chasing and shooting at them till they fell dead. … There were so many victims, that the soldiers, tired out, were obliged to rest their guns actually against the sufferers. The wall of the terrace was covered with brains; the executioners waded through pools of blood.

Summary executions — death squads — continued for days or weeks afterwards in Paris; martial law throttled left organizing in the city; and those “fortunate” enough to have been captured alive were processed in a steady stream of judicial executions over the months yet to come.

The Commune, a palpably subversive example even in the present day, was destroyed in every way possible for the Versailles government. But its example could hardly be forgotten.

Marx would write The Civil War in France of the only proletarian revolution he would actually witness in his lifetime.

The next generation’s subversives also took inspiration from the Parisian example … and lessons from its mistakes. Lenin — a fond student of the Commune, who was eventually buried wrapped in a Communard banner — said that

two mistakes destroyed the fruits of the splendid victory. The proletariat stopped half-way: instead of setting about “expropriating the expropriators”, it allowed itself to be led astray by dreams of establishing a higher justice in the country united by a common national task; such institutions as the banks, for example, were not taken over … The second mistake was excessive magnanimity on the part of the proletariat: instead of destroying its enemies it sought to exert moral influence on them; it underestimated the significance of direct military operations in civil war, and instead of launching a resolute offensive against Versailles that would have crowned its victory in Paris, it tarried and gave the Versailles government time to gather the dark forces and prepare for the blood-soaked week of May.

“The lesson learnt by the proletariat will not be forgotten,” Lenin vowed, and his own revolution gained a vital object lesson in the Bloody Week of Paris, and an anthem besides: Communard Eugene Pottier, fleeing the Versailles army’s slaughter, wrote the verses that have been sung ever since by millions dreaming of a better world — the Internationale.

* Water can accelerate a fire, under the right circumstances.

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1993: Leonel Herrera, perilously close to simple murder?

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On this date in 1993, Leonel Herrera was executed by lethal injection in Huntsville, Texas, for shooting two policemen. Herrera’s last statement averred,

Herrera’s sister Norma self-published this book about the case — keeping a promise to her executed brother.

I am innocent, innocent, innocent. Make no mistake about this; I owe society nothing. Continue the struggle for human rights, helping those who are innocent, especially Mr. Graham. I am an innocent man, and something very wrong is taking place tonight. May God bless you all. I am ready.

Well, Herrera wasn’t the first to go to his death maintaining his innocence. The circumstances (and circumstantial evidence) of the crime rate on the forgettable side.

But Leonel Torres Herrera was a bit different from his cousins in hopeless protestation: while he died this evening, his name lived on … in a landmark Supreme Court decision

Herrera v. Collins

Years after Herrera was convicted and death-sentenced, multiple affidavits were produced to the effect that his late brother, Raul, was the real killer.

This evidence was naturally pursued with gusto by the condemned man.

Unfortunately, a claim like Herrera’s of “actual innocence” faces a very high bar when raised in appellate courts, once a prisoner has already been convicted and their presumption of innocence become a presumption of guilt.

That this arbitrary rule of the game has a defensible rationale — could any criminal justice system operate if prisoners could continually relitigate their cases while memories fade and evidence ages into obsolescence? — does not make it the less Kafkaesque for individual prisoners, some of whom are in fact innocent.

Herrera presented this problem in unusually stark terms. Lacking any procedural violation upon which to hang his hat as an appeals issue, his claim pitted substance against form in the Supreme Court. (Oral arguments at Oyez.org)

You already know how it ended.

Chief Justice William Rehnquist’s opinion patiently explained a jurisprudential truism loftily uncolored by any experience in life liable to introduce a sense of kinship with a Hispanic man charged with a Texas cop-killing who uncovers too late the evidence that could save him.

“[A]ctual innocence” is not itself a constitutional claim.*

Instead, the Court recommended — tongue no doubt planted firmly in cheek — that Herrera apply for executive clemency, a dead letter procedure in Texas used exclusively in a good cop/bad cop routine opposite the black robes.

“Judicial restraint forbids relieving you,” says the court. “Go ask the governor.”

“The courts have thoroughly reviewed the case,” intones the governor. “May God have mercy on your soul.”

Herrera himself may or may not have been innocent. At the end of the day, he went down because the game was rigged against him: his exculpatory evidence was not available at trial, when it might have introduced “reasonable doubt” — as Rehnquist’s opinion put it, “in state criminal proceedings the trial is the paramount event for determining the guilt or innocence of the defendant.” Once that evidence became available deep in the appeals process, it was procedurally barred, and far from such a slam-dunk exoneration that any institutional actor would stick his, her or its neck out to lift Leonel Torres Herrera from the gurney.

Justice Harry Blackmun’s dissent retorted,

Just as an execution without adequate safeguards is unacceptable, so too is an execution when the condemned prisoner can prove that he is innocent. The execution of a person who can show that he is innocent comes perilously close to simple murder.

Whether “simple murder” happened in Huntsville this night in 1993, perhaps no one can really say with certainty.

But as DNA evidence and other forensic advances in the intervening years have increasingly eroded confidence in the reliability of the justice system that metes out death, Herrera v. Collins stands as a key precedent in a case now before the Supreme Court — in which states (joined by the Obama administration) are asking the justices to agree that convicted prisoners have no right to cheap, simple, and frequently dispositive DNA testing that may not have been available when they were tried.

Given the composition of the court (including three holdovers from the Herrera majority), that decision figures to have Leonel Herrera rolling over in his grave.

* Rehnquist conceded a theoretical possibility that extraordinarily persuasive evidence could generate relief on due process grounds. Antonin Scalia and Clarence Thomas went much further, claiming that prisoners had no right to anything but their trial and their (procedural) appeals.

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1820: The Cato Street Conspirators

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On this date in 1820 — which was not yet a red-letter day on the leftist calendar — five radicals were hanged at Newgate Prison for a plot to overthrow the government.

A British government that had tilted from reactionary after the French Revolution to furiously repressive after defeating Napoleon was energetically at work stamping out the wide-ranging upheaval convulsing the isles.

This day’s conspirators plotted to overturn the authoritarian rule of Lord Liverpool by murdering his ministers at a dinner party. Next steps:

????

Revolution!

This excellent plot was hatched by none other than a government informant, who planted the idea among the circle and arranged their arrest when they took the bait. Already-notorious subversive Arthur Thistlewood was the jewel in the crown’s crown, particularly after having slain an arresting officer in the fray when the trap was sprung.

Ten were condemned to death, five of those sentences commuted to transportation — leaving Thistlewood to hang* along with John Brunt, James Ings, Richard Tidd and the Afro-Caribbean tradesman William Davidson. The crowd was reportedly vocally supportive of the condemned.


The Cato Street Conspirators hanged. As represented at the bottom of the scaffold: the dead men were cut down after their execution and posthumously beheaded.

It was in the aftermath of this shocking affair that Byron completed his work on a long-ago Venetian putsch, Marino Faliero, with such stirring reflections upon the blood sacrifice of liberty as

They never fail who die
In a great cause: the block may soak their gore:
Their heads may sodden in the sun; their limbs
Be strung to city gates and castle walls —
But still their Spirit walks abroad. Though years
Elapse, and others share as dark a doom,
They but augment the deep and sweeping thoughts
Which overpower all others, and conduct
The world at last to Freedom.

Still, even from the safety of Italy, the rakish rebel had a gentleman’s disdain for these lowborn butchers overpowering anything at all.

What a set of desperate fools these Utican conspirators seem to have been. As if in London, after the disarming acts, or indeed at any time, a secret could have been kept among thirty or forty. And if they had killed poor Harrowby — in whose house I have been five hundred times, at dinners and parties; his wife is one of ‘the Exquisites’ — and t’other fellows, what end would it have answered? ‘They understand these things better in France’, as Yorick says, but really, if these sort of awkward butchers are to get the upper hand, I for one will declare off. I have always been (before you were, as you well know) a well-wisher to, and voter for reform in parliament; but ‘such fellows as these, who will never go to the gallows with any credit’ … and make one doubt of the virtue of any principle or politics which can be embraced by similar ragamuffins. I know that revolutions are not to be made with rose water, but though some blood may, and must be shed on such occasions, there is no reason it should be clotted; in short, the Radicals seem to be no better than Jack Cade or Wat Tyler, and to be dealt with accordingly.

They were. Archive.org has the free text of An authentic history of the Cato-Street conspiracy; with the trials at large of the conspirators, for high treason and murder; a description of their weapons and combustible machines, and every particular connected with the rise, progress, discovery, and termination of the horrid plot. With portraits of the conspirators, taken during their trials, by permission, and other engravings.

Here’s a topical YouTube mashup combining the stylings of the band Cato Street Conspiracy with video of a different executed conspirator against the English government.

* “The men died like heroes. Ings, perhaps, was too obstreperous in singing ‘Death or Liberty’, and Thistlewood said, ‘Be quiet, Ings; we can die without all this noise.'”

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1676: Anna Zippel, Brita Zippel and the body of Anna Mansdotter

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On this date in 1676, two sisters were beheaded in Stockholm in one of Sweden’s most famous witch trials.

The great Swedish witch hunt of 1668-1676 was at its crescendo, having spread from the provinces to the capital. Here was repeated pattern by now familiar — children accusing adult women of taking them to witches’ sabbaths, and various and sundry infernally-inspired offenses against the civic order.

Brita Zippel (or Britta Sippel) was a natural magnet for accusations. Born well-off but fallen into poverty, and hot-tempered (as we shall see) besides, she had already survived two previous witch trials.

Her sister Anna remained a member of the town’s elite, but her status proved no use to her when suspicion fell on the family. Rumors and accusations snowballed over a period of months — that the sisters kidnapped children; that they committed arson; that both Anna’s wealth and Brita’s poverty proved their diabolical affiliations. That Anna Zippel and her business partner Anna Mansdotter made money selling medicines to the rich and powerful hardly decreased suspicion. The children who drove all this really made the most of the limelight — fainting spells, supernatural tales, the whole nine yards.

While the well-heeled Annas maintained a dignified stoicism during their trial — which only served to condemn them — Brita gave rein to all her furious indignation — which only served to condemn her. Anna Zippel defended herself calmly. Brita threatened witnesses, attacked her sister, and poured invective on her persecutors. Same result.

Their contrast in demeanor continued to the scaffold itself.

Shaking her chains, threatening her confessor with her posthumous vengeance, and cursing her onlookers, Brita required the offices of five men to wrestle her to the block for her beheading. (She went first because of the scene she was making.) Anna Zippel followed quietly, and then (quieter still) Anna Mansdotter, who had managed to commit suicide in prison but whose corpse still suffered the same fate of decapitation and burning.

These first witch-hunt victims in Stockholm were not the last, but they would presage the collapse of an enterprise that had consumed some 200 lives over the preceding eight years. According to Witch Hunts in Europe and America,

[i]n the spring of 1676, the court of appeals in Stockholm began investigating cases directly, rather than simply examining the records local officials forwarded. This resulted in the appointment of yet more royal commissions, but these were completely dominated by skeptical Stockholm officials. Turning the pressure on the accusers, the commissions gained several confessions from child accusers stating that they had made the whole thing up. The witch-hunt quickly collapsed, and four accusers, including a boy of 13, were executed.

Of no direct relevance, our dalliance with Scandinavian witchery offers a pretext to excerpt Benjamin Christiensen‘s freaky (and censored) 1922 silent classic Haxan: Witchcraft Through the Ages.

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1995: Nie Shubin. Oops.

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On this date in 1995, Nie Shubin was shot in the back of the head in Hebei Province for the rape and murder of a woman in Zhang Ying village.

According to a 1994 newspaper report (.pdf) supplied by the authorities,

After a week of skillful interrogation, including psychological warfare and gathering evidence, police officers made a breakthrough. On September 29, this vicious criminal finally confessed to having raped and murdered the victim. On August 5, while loitering around Zhang Ying village, he stole a shirt and then walked to the vicinity of the Xinhua Road police station, where he saw Ms. Kang ride her bicycle into a corn-field path. He went after her, knocked her off her bike, dragged her into the field, beat her unconscious and raped her. He then used the shirt to strangle her to death.

Sounds pretty definitive, even if they did have to beat it out of him. A confession is a confession, after all.

Except, not.

In 2005, another man admitted to the murder, reportedly supplying persuasive crime scene details to boot.

Nie Shubin’s parents — who had complied with China’s one-child policy — have unsurprisingly been devastated by the loss of their only son, which they learned about the day after his execution when the boy’s father attempted to deliver a care package to the prison.

“All my hopes,” said the mother, “rested with him.”

Update: As of late 2011, the poor mother is still fighting to formally exonerate her executed son.

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1814: Six slaves in Guyana

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An alarming rumour, meanwhile, … spread throughout the Colonies; a rumour which, whatever of truth or fact, little or none, might be at the foundation, gathering, as it went, size and gloom, and dust of slander, was calculated to make them all feel very unhappy. The report was that a slave insurrection had been discovered, having its centre on the Berbice West Coast, but extending right and left so as to include all the shore from the Corentyne Coast to Mahaica, about eighty miles; that the negroes had chosen a governor and other officers; that it was their intention to murder all the white men, and take possession of all the rest; that some of the Demerara East Coast negroes were leaders in the rebellion, especially Philip, a member of the church on Le Resouvenir; and that instruction of the negroes was to blame.

…

the account which the negroes gave of the matter was, that there had been formed a society in imitation of the Freemasons, they wishing to have, as well as their buckras or masters, a society of that nature; and that the money collected was to support the poor and defray the expense of their dances, &c.; just as it had been formerly very common for them to assume the names of their masters, or of the Governor or Fiscal, and send invitations to friends to supper or a dance, and appoint a captain of their own as president of the feast; sometimes to put feathers in their hats at holiday time and parade the streets. “No one,” as far as Mr. Wray could learn, “had been injured by them, neither was any property destroyed,” yet on 12th April six of the unhappy people apprehended on the West Coast were executed in New Amsterdam as ringleaders, their heads cut off and fixed upon poles on the different estates to which they belonged; one of them white with age, whose master, Mr. Rader, told Mr. Wray that he denied to the last having any bad intentions. Several others were flogged under the gallows, and some were transported.

A proclamation was subsequently issued to the effect that as “the privilege allowed the slaves of the Colony, of publicly or privately dancing on estates and other places at stated periods, had been perverted by them to purposes of the most dangerous nature, all dancing was forbidden until next year, 1815, or the further pleasure of the Court;” … This was followed, late in the year, by another calling upon the colonists to pay their quota of the expenses incurred in crushing the plot and indemnifying the proprietors of the slaves capitally punished … Better still, the law concerning Sunday labour was amended in favour of the slave, forbidding field-work on that day, except in sudden emergencies; and further enactments were issued limiting and regulating the excessive use of the whip, and forbidding the burial of any slave dying suddenly or by suicide, or in consequence of punishment or hurt, without previously acquainting the authorities …

From The Life and Labours of John Wray, Pioneer Missionary in British Guiana.

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1952: Nikos Beloyannis, the man with the carnation

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Before dawn on this date in 1952, four Greek Communists were shot outside Athens for treason.

Nikos (Nicholas) Beloyannis (or Mpeloyannis), the most prominent among them, spent a goodly portion of his adult life in prison for his subversive opinions — first at the hands of the interwar Greek nationalist government, then the Nazi occupation, then the British.

His many years’ service to communism was, unbeknownst to him, even then being horse-traded away as Stalin and Churchill carved up post-World War II spheres of influence.

Uncle Joe ceded Greece to the West — so the reds were left dangling during the Greek Civil War, and guys like Nikos got fitted for left martyrology.


The Execution of Beloyannis, by Peter de Francia.

“The man with the carnation” — it was his signature prop at the mass show trial where he drew a death sentence for “conspiring to overthrow by force the present regime in Greece.”

The trial, and the outcry that greeted its swift and questionable resolution, helped establish an enduring international reputation among fellow-travelers.

(From The Man With The Carnation, released after the fall of the Papadapoulos dictatorship.)

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1804: Louis-Antoine-Henri de Bourbon-Condé, duc d’Enghien

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It was worse than a crime, it was a blunder on this date in 1804.

Napoleon shocked, just shocked, his admirers and more especially his foes by having a royal relative ventilated at Vincennes for the trifling offense of plotting against his life.

The particular allegations against him may have been formulated with greater haste than precision, but the duc d’Enghien actually had been taking English coin to overthrow Republican France for the past decade, and nonchalantly avowed as much at his drumhead tribunal.


The Duke awaiting execution in the predawn gloom in the moat of the Chateau de Vincennes. The pathos of the accompanying dog is mandatory for this scene, as in this Harold Piffard illustration. This spot is now marked with a monument.

After surviving one too many assassination attempts, Napoleon was in the market for someone to make an example of, and the Bourbon scion, hanging about the French frontiers conniving with the English, certainly qualified.

The dispatch of his military commission, which rammed through a conviction the night of the 20th and arranged the fusillade immediately thereafter, raised self-righteous hackles among rival monarchs who had little enough compunction of their own about politically expeditious regicide.

Conventional disdain for the shooting (as with this (pdf) from the Fourth Estate), reached far and wide, and appears in Tolstoy’s War and Peace as a subject for (spurious) gossip in the Russian salons.

The group about Mortemart immediately began discussing the murder of the Duc d’Enghien. The vicomte said that the Duc d’Enghien had perished by his own magnanimity, and that there were particular reasons for Bonaparte’s hatred of him.

…

The vicomte told his tale very neatly. It was an anecdote, then current, to the effect that the Duc d’Enghien had gone secretly to Paris to visit Mademoiselle George; that at her house he came upon Bonaparte, who also enjoyed the famous actress’ favors, and that in his presence Napoleon happened to fall into one of the fainting fits to which he was subject, and was thus at the duc’s mercy. The latter spared him, and this magnanimity Bonaparte subsequently repaid by death.

Pierre Bezukhov, the novel’s spirit-questing Russian noble then in the thrall of the Little Corporal, has the rashness to defend d’Enghien’s execution.

“The execution of the Duc d’Enghien,” declared Monsieur Pierre, “was a political necessity, and it seems to me that Napoleon showed greatness of soul by not fearing to take on himself the whole responsibility of that deed.”

Though that defense went over like a lead balloon with the partygoers (and with Tolstoy), others have ventured to stand in the breach for the Corsican, who assuredly attracts far more opprobrium as a commoner shooting a royal traitor than he would have had their bloodlines been reversed. Bonaparte enthusiasts, like those of the Napoleon podcast, are particularly susceptible to such impolitic sentiment.

[audio:http://napoleon.thepodcastnetwork.com/audio/tpn_napoleon_20060920_011.mp3]

But Louis-Antoine-Henri normally gets better sympathy than that, as he did with the like of Chateaubriand, who resigned his Napoleonic commission in outrage.

And his death — far more notable than anything he did in life — is supposed to have occasioned the quip, “C’est pire qu’un crime, c’est une faute”: “it is worse than a crime, it is a blunder.” (Or, “it is worse than a crime, it is a mistake.”) Often attributed to Talleyrand, it was more likely uttered by his machiavellian mirror image, Joseph Fouche.

(See here for more on the phrase’s lineage. Talleyrand was so strongly in support of d’Enghien’s death that he is sometimes accused of steamrolling Napoleon on the subject. The wily minister destroyed some evidence and effected a timely volte-face when Bonaparte fell.)

The First Consul — he would crown himself Emperor later in 1804 — never had use for any such soft-pedaling, and unapologetically avowed the Duke’s execution literally to the end of his life.

Dying in exile on St. Helena years later, it is said, Napoleon read a calumny upon the d’Enghien shooting in the English press and promptly hauled out his already-completed will to insert in his own hand his lasting justification for the affair.

I caused the Duc d’Enghien to be arrested and tried, because that step was essential to the safety, interest, and honour of the French people, when the Count d’Artois* was maintaining, by his own confession, sixty assassins at Paris. Under similar circumstances, I should act in the same way.

* The Comte d’Artois was, at the time of Napoleon’s writing, the heir presumptive to the restored Bourbon monarchy — and he did indeed succeed in 1824 as Charles X. In 1804, the future king was in exile in Britain funding hits on Bonaparte and kindred counterrevolutionary stuff. For adherents of the much-disputed theory that Napoleon was poisoned in his island captivity, d’Artois figures as a possible instigator of the murder.

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