Category Archives: Wrongful Executions

1551: Alice Arden, husband killer

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On this date in 1551, Alice Arden was put to death for one of 16th century England’s most shocking crimes.

Stuck in what one gathers was a dull marriage of political convenience, Alice Arden took up with a lover, Richard Mosby.

Although the whole scene was tolerated by her husband, Alice and Richard conspired to have Thomas murdered, because nobody would ever suspect the vivacious wife and her paramour to be behind the unexplained death of her husband. (And, Alice reckoned, Thomas “was so evil beloved that no man would make inquiry after his death.”) Holinshed‘s chronicle saw fit to include this tabloid-esque crime in its narrative of English history.

Arden’s wife, Mistress Alice, young, tall, and well favoured of shape and countenance, formed a criminal connection with a paramour, named Mosbye, a black, swart man. Mosbye had been servant to Sir Edward North, Alice’s father in law; and then settled as a tailor in London. The infatuated wife, lost to all sense of duty and morality, conspired with Mosbye to put an end to her husband’s existence, in order that she might marry the profligate black, swart man.

They employed as their confederates one John Green, a Faversham tailor; George Bradshaw, a goldsmith of the same town; and one Black Will, of Calyce (Calais), a murderer, which murderer was privily sent for to Calyce by the earnest sute, appoyntment, and confederate of Alice Arden and Thomas Mosbye.

The conspirators watched Master Arden walking in Poule’s (St. Paul’s Cathedral, the nave of which was a public promenade in those days), but could not find an opportunity to murder him; they then lay in wait for him on Rainham Down, and a second time in the Broomy Close (two places near Faversham), but on all these occasions failed in obtaining an opportunity.

The wicked wife then laid a plot for murdering her husband in his own house. She procured the services of Mosbye’s sister, Cicely Pounder, and of two of Arden’s domestic servants, Michael Saunderson and Elizabeth Stafford. On a particular day selected Sunday, too Black Will was hidden in a closet at the end of Arden’s parlour. After supper, Arden sat down to play some kind of game with Mosbye; Green stood at Arden’s hack, holding a candle in his hand, to shaddowe Black Will when he should come out; and the other conspirators had their cue. At a given signal in the game, Black Will came with a napkyn in his hand, and sodenlye came behind Arden’s back, threw the said napkyn over his hedd and face, and strangled him; and forthwith Mosbye stept to him, and strake him with a taylor’s great pressing iron upon the scull to the braine, and immediately drew out his dagger, which was groat and broad, and therewith cut the said Arden’s throat.

Having failed to convincingly position the body, and thereby leading police straight back to her house, Alice was immediately implicated in the crime. The conspiracy unraveled and the various people involved were brought to swift and merciless justice, including one poor bastard who had known nothing of the plot but had inadvertently supplied the credentials of that colorful assassin “Black Will” by decrying him as a murderous villain.

Alice Arden herself was burned in Canterbury while her confederates suffered various executions in various places around a country duly scandalized by the bold crime.

Six lives were taken for that of a worthless miser who connived at his wife’s infidelity. It was a sign of the horror inspired by husband murder among the Elizabethans. (Source*)

Indeed, the homicide and resulting executions kept as public scandal so long that the tale was reproduced as an Elizabethan tragedy, Arden of Faversham, in the 1590’s.

A possible uncredited Shakespeare play, it can be read for free in The Shakespeare apocrypha

Gentlemen, we hope youle pardon this naked Tragedy,
Wherin no filed points are foisted in
To make it gratious to the eare or eye;
For simple trueth is gratious enough,
And needes no other points of glosing stuffe.

FINIS.

Intriguingly, Richard Helgerson argues in Adulterous Alliances: Home, State, and History in Early Modern European Drama and Painting that this play restores some relevant political context to the Arden crime that Holinshed, perhaps deliberately, obscures. The Arden of Faversham victim is an apparatchik of the Duke of Somerset, a connection perhaps exaggerating Thomas Arden’s rank but not his position as the king’s man, with some important sponsors. Alice Arden and Richard Mosby, too, were national-level elites, Helgerson says.

The very (still-standing) Arden house was obtained through the English Reformation‘s dissolution of the monasteries; the London transplant Arden apparently used his (some must have felt) ill-gotten lands and power to impinge upon the prerogatives of his neighbors.

Helgerson doesn’t quite have an ah-ha conclusion to the tale, but the suggestion of a more layered meaning lurking behind what typically plays as straight Tudor police blotter throws a different light on the affair.

Arden’s appropriation of the abbey lands in Faversham finds its counterpart in Mosby’s appropriation of Alice Arden’s body … Seen this way, adultery is no longer a purely private crime … [but] rather a vehicle for thinking about history, for thinking, in particular, about that “improvement in the sovereignty” that was responsible both for the emergence of politic history and for the dissolution of the English monasteries, including Faversham Abbey.

* This source also supplies the date of March 14. However, the date is difficult to come by generally, and it may not be fully dependable.

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1937: Alexander Yulevich Tivel

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On this date in 1937 — probably — one of the numberless obscurities consumed by Stalin’s purges was convicted and presumably shot for “preparing to commit a terrorist act against [NKVD head] Yezhov.”

Alexander Yulevich Tivel, a Jewish bureaucrat who had the misfortune to have been in a party organ too close to Zinoviev, was disappeared by the NKVD one day in 1936.

His fate forms the opening hook for J. Arch Getty’s The Road to Terror: Stalin and the Self-Destruction of the Bolsheviks, 1932-1939 — “the story of the Stalinist terror writ small.” (Here’s a review)

We do not know whether he was physically tortured by his interrogators, but there is ample evidence that countless others were. Even high-ranking officials under arrest were beaten or, as Molotov would put it, “worked over.” Ten years later, a high-ranking police official described interrogation procedures in a letter to Stalin. First, prisoners were offered better conditions — better food, mail, and so on — in return for a confession. If that failed, appeals to the prisoner’s conscience and concern for his family followed. The next step was a solitary-confinement cell without exercise, a bed, tobacco, or sleep for up to twenty days … Finally, the use of “physical pressure” was authorized …

Tivel was probably executed on the same day [of his conviction]. Unlike many others who were badgered and tortured by the NKVD, he had not confessed.

His wife and mother-in-law to internal exile. His son would suffer the stigma of being the child of an executed traitor.

The widow Eva Tivel, reports Getty, grappled for years with the unresponsive bureaucracy until she finally cleared Sasha Tivel’s name.

On 23 May 1957, twenty years after Tivel’s execution and after Eva’s many letters and appeals, Tivel’s sentence and party expulsion were overturned … [as] “based on contradictory and dubious materials.”

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1870: Thomas Scott, “take me out of here or kill me”

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On this date in 1870, a troublesome Anglophone was shot in Fort Garry by the rebellious Metis provisional government.

The Red River “Rebellion” pitted the Métis people — Francophone mixed-race descendants of Europeans and natives, constantly referred to as “half-breeds” in the period’s literature — of the inland plains against the Canadian government that had just bought the rights to their land from the Hudson’s Bay Company.

Needless to say, this sale was not effected with reference to the consent of said land’s inhabitants, which makes the term “rebellion” something of a misnomer — rightful authority was not clearly constituted, and in this period it would be negotiated on the fly.

Distrustful of the Ontario government and the Red River Settlement’s own minority of Anglo settlers, Louis Riel led a headquarters in Upper Fort Garry.* Riel’s negotiations with Canadian authorities set the parameters for the future province of Manitoba.

Parallel to the diplomatic overtures, however, were skirmish-level military hostilities.

Scott, an Irish-born Orangeman of fiercely anti-Catholic disposition, was captured with a few dozen Anglos attempting to mount an assault on Metis holdings and imprisoned in Fort Garry. He escaped with some of the other prisoners, but was re-arrested making a return trip to attack the fort again and liberate the remaining captives.

Scott’s execution this day helped inflame anti-Metis sentiment and contributed to the Riel government’s collapse a few months later.** But the guy makes a bit of a problematic martyr because — and we want to be fair here — he seems to have been an unmitigated prick.

The leader of Scott’s fatal expedition, Charles Boulton, was likewise condemned by the Metis, but Riel pardoned Boulton and even offered to bring him into Riel’s own government. Scott, by contrast, let no one be mistaken about his contempt for the half-breeds and abused his captors; his particular sentence was procured on the grounds of having defied the provisional government’s authority and threatened Riel.

Since Riel was looking for someone to make an example of, he was the guy.

As so often with firing squads, the execution was a botch … and upon that botch was laid, according to the testimony of a Metis opponent of Riel quoted by Boulton, a downright sadistic final chapter. (It must be noted that both the original source and the man citing it have an interest in maximizing the alleged brutality of Riel.)

Six soldiers had been chosen to shoot Scott. I have here again to write the name of a man whose behaviour in that circumstance reflects on him the greatest honour. Augustin Parisien, one of the six soldiers, declared openly that he would not shoot at Scott; in fact, he took off the cap from his gun before the word of command ‘present’ was given. Of the five balls remaining, only two hit the poor victim, one on the left shoulder, and the other in the upper part of the chest above the heart. Had the other soldiers missed the mark undesignedly, or had they intentionally aimed away from Riel’s victim, it is not known. However that may be, as the two wounds were not sufficient to cause death, at least sudden death, a man, named Guillemette stepped forward and discharged the contents of a pistol close to Scott’s head while he was lying on the ground. This ball, however, took a wrong direction. It penetrated the upper part of the left cheek and came out somewhere about the cartilage of the nose. Scott was still not dead, but that did not prevent his butchers from placing him alive and still speaking, in a kind of coffin made of four rough boards. It was nailed and plated in the south-eastern bastion, and an armed soldier was placed at the door. This would seem like a story made at one’s ease, if there were not several credible witnesses who, between the hours of five and six in the evening, heard the unfortunate Scott speaking from under the lid of his coffin, and it was known that he had been shot at half-past twelve. What a long and horrible agony, and what ferocious cruelty was this on the part of his butchers. The words heard and understood by the French Metis were only these ‘My God, My God!’ Some English Metis, and those understanding English, heard distinctly these words: ‘For God’s sake take me out of here or kill me.’ Towards 11 o’clock — that is, after ten and a half hours of frightful agony — a person, whose name I shalt withhold for the present, went into the bastion, and, according to some, gave him the finishing stroke with a butcher’s knife, with a pistol, according to others. After having inflicted the last blow on poor Scott, that person said, as he was coming back from the bastion: ‘He is dead this time!’ The corpse was left for a few days in the south-eastern bastion, being guarded by the soldiers, relieving each other in turn.

* The site — most of the fort is demolished — is now in downtown Winnipeg.

** Riel himself had a colorful career ahead of him, which ultimately delivered him too to the annals of the executioner.

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1885: Not John “Babbacombe” Lee, the man they could not hang

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On this date in 1885, a most inexplicable thing occurred on the gallows of Exeter.

It was there that John Lee, nicknamed “Babbacombe”, made his peace with his maker and faced hanging for the murder of an elderly spinster a few months before.

Lee still protested his innocence. He was not generally believed.

We’ll let Charles Hoy Fort, that renowned chronicler of the impossible, take it from here*:

It was a scene of the mechanism and solidity of legal procedure, as nearly real as mechanism and solidity can be.

Noose on his neck, and up on the scaffold they stood him on a trap door. The door was held in position by a bolt. When this bolt was drawn, the door fell —

John Lee, who hadn’t a friend, and hadn’t a dollar —

The Sheriff of Exeter, behind whom was Great Britain.

The Sheriff waved his hand. It represented Justice and Great Britain.

The bolt was drawn, but the trap door did not fall. John Lee stood with the noose around his neck.

It was embarrassing. He should have been strangling. There is something of an etiquette in all things, and this was indecorum. They tinkered with the bolt. There was no difficulty. whatsoever, with the bolt: but when it was drawn, with John Lee standing on the trap door, the door would not fall.

Something unreasonable was happening. Just what is the procedure, in the case of somebody, who is standing erect, when he should be dangling?

Three times they made the attempt. Three times the door failed to open — even though the apparatus performed perfectly when tested without the prisoner.

Lee was returned to his cell by the bewildered authorities, and Home Secretary William Vernon Harcourt commuted his sentence to penal servitude.

Eventually released in 1907, John Lee milked his bizarre celebrity by giving public declamations of his unaccountably aborted Calvary — and continued to maintain his innocence.

After this mighty stroke of — well, was it divine intervention? — that claim carried a lot more weight. Lee’s innocence is hardly an established fact, but the circumstantial nature of the evidence against him looks much weaker now than it did in 1885. The BBC’s Inside Out even speculates that Lee’s own lawyer did the deed.

But does one really care, by now? The principals are long dead and buried. What remains is that brief and timeless encounter with the uncanny.

The British band Fairport Convention cast a look back on Babbacombe Lee with an entire 1971 album.

There’s also a 2001 book, The Man They Could Not Kill (nothing to do with the Boris Karloff movie of the same title), whose online promotional site offers a bounty of information about the case.

* From Fort’s book Wild Talents.

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1858: Chief Leschi

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On this date in 1858, Chief Leschi of the Nisqually tribe was controversially hanged at Fort Steilacoom (present-day Lakewood) in the Washington Territory.

Yankee officer Isaac Stevens only spent four years in the Washington Territory as Franklin Pierce’s appointed governor, but he left his stamp on the state.

And no project defined the tenure of this authoritarian executive like putting the screws to the native peoples. Growing white settlement in the Pacific Northwest was creating conflict with the Indians who already inhabited it. In time, that conflict would claim Leschi.

Late in 1854, Stevens summoned the chiefs of several tribes in the newly-minted Washington Territory for an offer they couldn’t refuse: pack up and move to reservations of a few square miles’ undesirable territory, ceding 2.5 million acres to white settlers.

Chief Leschi — and it was Stevens’ men who had designated him a “chief”, the operation upon an alien culture of a bureaucracy that required official spokesmen — allegedly refused to sign the Treaty of Medicine Creek, although the evidence is unclear. Whatever the truth of that matter, sufficient signatures were cajoled for the government to ratify an agreement for massive dispossession, and Leschi became a prominent voice in the growing Indian dissatisfaction once the extent of the hustle became clear.

An attempt to arrest Leschi, who increasingly feared white assassination, touched off the Puget Sound War in 1855, and with an analogous conflict brewing on the other side of the Cascade Mountains, all Washington was soon a conflict zone.

That story’s end is predictable enough, but Leschi’s fate was protested by both native and white contemporaries. Leschi was condemned for “murdering” a militiaman during hostilities, a charge whose logic flowed from the rights asserted by American authorities but whose fundamental injustice (even leaving aside the very doubtful factual evidence) seems manifest, as it did to the defendant.

I have supposed that the killing of armed men in wartime was not murder; if it was, the soldiers who killed Indians are guilty of murder too.

George W. Bush would’ve called him an illegal combatant. That was hardly common sentiment.

So much good will did Leschi enjoy among whites — with whom he had years of amicable relations prior to Gov. Stevens’ arrival — that a scheduled January 22 hanging was deviously put off by the sheriff charged with the task: he arranged to have himself arrested on a liquor charge while in possession of the death warrant shortly before Leschi was to have been hung, and the two-hour window allotted for the execution of the sentence elapsed before matters could be put right.

They carried the sentence out four weeks later — “I felt then I was hanging an innocent man,” executioner Charles Grainger would say, “and I believe it yet” — but that hardly put an end to Chief Leschi’s story. The Nisqually have pushed hard for Leschi’s official exoneration, and won a Washington Senate resolution to that effect and an “acquittal” (of no legal force) from a panel of state jurists. But even though it attached to a convicted murderer, Leschi’s was never a black name in the state; it adorns a Seattle neighborhood and a number of schools and other public places. (“Stevens” is similarly prominent.)

There’s an excellent summary of the Leschi case from Oregon Historical Quarterly, a Washington State Historical Society website, and a 1905 public domain book published to make the case for Leschi.

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1956: Wilbert Coffin

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Just after midnight this day in 1956, Wilbert Coffin hanged for murdering three American tourists — a case that has since entered Canadian annals as a paradigmatic wrongful execution.

The aptly-named Coffin affair saw the prospector sent up on an entirely circumstantial case.

Under the pressure of losing tourist dollars to breathless coverage in the U.S., and with the aid of a desultory defense attorney, the Coffin case was rushed along to completion. Though sympathy in Gaspe seems to have been considerable, its elevation to cause celebre was likewise bound up in Quebec politics, pushed by foes of powerful, unscrupulous premier Maurice Duplessis.

Gadfly journalist Jacques Hebert (not the guillotined French Revolution demagogue of the same name, of course) published three books on the case (the 1963 volume immoderately titled J’accuse les assassins de Coffin landed him in jail)

While the death penalty vanished from Canada, the Coffin case has never fully faded as a public controversy. And it’s had something of a revival around the hanging’s recent 50th anniversary, with the government flirting with a posthumous pardon.

There’s even a prime alternate suspect, now dead, whose family has allegedly implicated him.

The Gaspe guitarist who appears in the above piece, Dale Boyle, makes his Wilbert Coffin song (and details about the case) available on his web site.

Lew Stoddard’s blog covers the Coffin case in exacting detail from the standpoint of a strong advocate of the hanged man’s innocence. The Coffin family itself also maintains wilbertcoffin.com, naturally dedicated to clearing Wilbert’s name.

Still, even should officialdom ultimately side with the apparent judgment in the court of public opinion, a wrongful execution is a wound that can never be salved.

I’ve often wondered what went through my brother’s mind when they came and took him out of his cell to take that last walk to be hanged. You can’t imagine what it’s been like to live with this all these years. It’s like a black, black hole that never ends.

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1940: Vsevolod Meyerhold

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It is thought to be on this date in 1940 that the Soviet theater director Vsevolod Meyerhold was shot on a fabricated espionage charge.

Meyerhold costumed as Ivan the Terrible.

Meyerhold (English Wikipedia page | Russian) was one of Russia’s great theatrical innovators in the early 20th century.

Pioneering non-representational theater — and a training method, “biomechanics”, to facilitate them — his star shone bright in the avant garde firmament of the early Bolshevik Republic.

But Meyerhold’s schtick was most definitely not Uncle Joe’s fave, socialist realism.

And that meant, come the 1930’s, Meyerhold had a problem.

His career (Russian link) died out over that chill decade and the director himself was arrested in 1939 and tortured into confessing to spying.

(Shortly after his arrest, his wife was “mysteriously” killed.*)


Meyerhold in custody.

Meyerhold recanted the confession and sent Foreign Minister Molotov a pitiable appeal detailing his treatment.

I was made to lie face down and beaten on the soles of my feet and my spine with a rubber strap … For the next few days, when those parts of my legs were covered with extensive internal haemorrhaging, they again beat the red-blue-and-yellow bruises with the strap and the pain was so intense that it felt as if boiling water was being poured on these sensitive areas. I howled and wept from the pain … When I lay down on the cot and fell asleep, after 18 hours of interrogation, in order to go back in an hour’s time for more, I was woken up by my own groaning and because I was jerking about like a patient in the last stages of typhoid fever

The director was officially rehabilitated in the post-Stalin thaw, but some of his work — like a collaboration with another artistic heretic, Prokofiev, on Boris Godunov — is only now being found and staged.

More about Meyerhold at the Moscow Meyerhold Memorial Museum

* According to The Secret File of Joseph Stalin:

Her body had 17 knife wounds, and her eyes had been cut out, apparently from the superstitious fear that they retained the image of her murderers. The only things taken from the apartment were documents.

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1953: Derek Bentley, controversially

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On this date in 1953, Derek William Bentley was hanged by Albert Pierrepoint in London’s Wandsworth Prison for a murder committed by a friend.

The execution of the mentally impaired 19-year-old was a lightning rod when it was pronounced the previous December and remained so over a half-century struggle for his posthumous pardon.

He had been caught robbing a warehouse with an underage friend in November 1952, and in the gunfight that ensued, a police officer was shot — 15 minutes after Bentley was arrested.

In a welter of confusing evidence, the essential fact was that the two youths had engaged a criminal enterprise and thus became jointly liable for every consequence of the crime, regardless of who pulled the trigger. Nevertheless, it rankled as a manifest injustice that the young man should hang for a murder that happened after he was in custody, while the triggerman should not. There was a sense that Bentley faced a maximal punishment in the state’s frustration that the shooter was too young to hang; and, that since the two boys’ ages were barely on either side of 18 and the 17-year-old Christopher Craig arguably the dominant member of the duo, the effect was a great injustice.

The jury’s recommendation for mercy was not taken up, and Home Secretary David Maxwell Fyfe — a Nuremberg prosecutor fresh from crafting the European Convention on Human Rights — declined to extend a reprieve.

This morning’s hanging was hotly protested. Several hundred rallied outside the prison; 200 MPs presented a petition for Bentley’s clemency, and afterwards several were rebuffed attempting to debate the hanging in Parliament. The medical journal Lancet assayed the general disquietude at the situation and opined that

[W]e are obliged to ask ourselves whether in holding to the letter of justice we are letting the spirit escape … To the English, at any rate, revenge is seldom a fully satisfying experience; it carries too much guilt with it. In the case of Bentley the public sense of guilt seems to have been strong — far stronger than the desire for vengeance.*

Bentley’s 21-year-old sister Iris vowed to her brother the night before his death that she would clear his name, and she fought for the rest of her life to do so. She would win that fight in 1998 (one year after her own death) when the conviction was overturned.

In the meantime, Bentley’s fate entered the public conscience, generally but not universally in the capacity of miscarriage of justice.

Bentley is the subject of an Elvis Costello song, “Let Him Dangle”:

… and a 1991 film:

* Lancet also said that “in our view the perpetual public preoccupation with the condemned cell and the gallows is harmful to the mental health of society.” Executed Today does not endorse this position.

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1939: Three Men For Murder, But Not Isidore Zimmerman

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On this date in 1937, Isidore “Beansy” Zimmerman spent the day preparing for death in New York’s electric chair … but was spared by an 11th-hour clemency from New York Governor Herbert Lehman.

Here’s the scene, as laid in the anti-death penalty tome of wrongful convictions In Spite of Innocence:

As dawn broke over Sing Sing Prison, Beansy Zimmerman had every reason to think it would be his last day.

Zimmerman numbly went through the pre-execution rituals. The last meal (choose whatever you want), and music (you get to choose that, too) played on the wind-up phonograph. The barber shaves your scalp so the electrodes can fit snugly against your bare skin. The tailor slits one of your trouser legs for another electrode. Officials treat you with unaccustomed politeness. A final family visit — how do you say good-bye when you know it is forever? What should your last words be? Beansy’s mother stayed away, unable to face such finality.

Two hours before execution, Gov. Lehman commuted his sentence.

In this blog, we lay aside each story day by day, but for those affected, it’s rarely so easy — which is why the mothers of the five men condemned today put in their personal clemency appeals to the governor.

For Zimmerman and a fellow “accomplice” named Philip Chaleff whose respective roles in a robbery/murder were doubted, it had the desired effect. (Dominick Guariglia, Arthur Friedman and Joseph O’Loughlin weren’t so lucky.)

Chaleff, a diabetic being kept alive just for execution, soon succumbed. For Zimmerman, the execution that did not happen was to define the rest of his 66 years. He was alive, but to what end?

“I wasn’t dead, no,” he remembered. “But every day from now on they’d bury me a little more.”

Zimmerman fought, by becoming a skilled jailhouse lawyer and in 1962 finally winning exoneration from the New York Supreme Court, which held that the testimony against him had been perjured with the connivance of the prosecutor.

He’d spent nearly a quarter-century in prison. Now, he was just another ex-con scrabbling after dead-end employment.

For years thereafter, Zimmerman fought for a special bill that would allow him to sue the Empire State for wrongful imprisonment, finally winning approval in 1981.

His suit asked for $10 million. The judge reckoned Zimmerman’s time and trouble were worth a tenth of that.

Expenses deducted, Zimmerman walked away with $660,000 — that, and sweet vindication.

Fourteen weeks later, he dropped dead of a heart attack.

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1980: Four Iraqi Turkmen

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On this date in 1980, a professor, a soldier, a bureaucrat and a businessman were hanged by Saddam Hussein in his campaign to cow Iraq’s Turkic ethnic minority.

The ethnic and religious quiltwork of Iraq is much more nuanced than Sunni vs. Shia — and this blog has noticed its deadly potential before.

This day’s hangings belong to an earlier era, of the Ba’athist secular pan-Arab aspiration that had Hussein quashing minority national aspirations. (Though the anti-minority stance was hardly unique to him.)

Nejdet Kochak, Abdullah Abdurrahman, Riza Demirji and Adil Sherif were ethnic Turkmen (or Turkomen), ethnically and linguistically distinct Moslem descendants of those far-flung peoples of the Eurasian steppes.

More to the point, they were relatively prominent voices for Turkoman civil rights in the face of harsh state suppression.

This being Saddam Hussein’s Iraq, the problem had an easy solution. The four were made examples of, convicted of spying for their brother Turks in Turkey, and hanged — but not forgotten.

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