Category Archives: Execution

1945: Kim Malthe-Bruun, Yours, but not forever

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1945, Kim Malthe-Bruun was executed by firing squad in the Vestre Fængsel Prison in Copenhagen. His crime was being a member of the Danish Resistance Movement in German-occupied Denmark; he had stolen a customs boat and used it to smuggle arms from Sweden to Denmark to be used against the Nazis.

Kim was born in Saskatchewan, Canada in 1923, and moved to Denmark at the age of nine with his sister and mother. He quit school at seventeen to become a merchant seaman, then joined the Danish Resistance in 1944. Kim was arrested on December 19, 1944, held in various detention cells over the next few months, tortured, and condemned to die, along with three other members of his resistance group. Doubtless the Nazis were anxious to execute them all while they still could; Germany’s surrender was less than a month away.

In 1949, Kim’s mother, Vibeke Malthe-Bruun, published a collection of his letters and diary entries. The book, titled Kim, became a bestseller in Denmark and made Kim revered as a national hero. It was published in English in 1955, under the title Heroic Heart: the Diary and Letters of Kim Malthe-Bruun. Most of the sources about him are in Danish.

Kim’s writings reveal him to be a deeply sensitive and caring young man, wise beyond his years. On April 4, two days before his death, Kim wrote his last letter to his girlfriend, Hanne, urging her to go on with her life:

I don’t expect you to forget me. Why should you forget something so beautiful as that which existed between us? But you mustn’t become a slave to this memory … Don’t let it blind you and keep you from seeing all the wonderful things life has in store for you. Don’t be unhappy …

You will live on and you will have other beautiful adventures, but promise me — this you owe to everything I have lived for — that never will the thought of me come between you and life … Gradually as bigger and more important things appear, I shall glide into the background and be a tiny speck of the soil out of which your happiness and your development will keep on growing …

You see, Hanne, one day you will meet the man who will be your husband. The thought of me will flash through you, and you will perhaps deep down have a vague, uneasy feeling that you are betraying me or something in you which is pure and sacred. Lift up your head once more, Hanne, look straight into my eyes which are smiling at you and you will understand that the only way to betray me is by not completely following your natural instincts. When you see him, let your heart go out to meet him — not to drown your sorrow but because you truly love him.

He closed with:

Yours, but not forever.

The author Lois Lowry was inspired by Kim’s story and based a character on him in her book Number the Stars. The novel, which is about the rescue of the Danish Jews, won the 1990 Newberry Medal, one of the most prestigious awards in children’s literature.

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1918: Robert Prager lynched during war hysteria

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On this date in 1918, German coalminer Robert Prager was lynched near Collinsville, Ill., for making disloyal utterances against the United States as his adoptive country entered World War I.

Basically the most visible and famed victim of patriotic anti-German bellicosity, Prager ironically is rather difficult to reconstruct as an unambiguous anti-war activist. After his mob execution, a baker would even come forward to say that he had been thrown in the clink when Prager accused him … of badmouthing a patriotic display. Prager himself had tried to enlist in the Navy and been rejected for medical reasons.

“Prager was, in fact, as loyal to the United States as any native-born citizen, and his innocence was attested to by many who knew him,” according to Donald Hickey in the summer 1969 Journal of the Illinois State Historical Society. “Two of the men with whom he boarded attested to Prager’s loyalty. One said that although Prager was a radical socialist, he had said he was ‘all for the United States’ when this country entered the war.”

But he was a socialist, and a German, and seems like the sort whom others might have found personally unpleasant. It is in the midst of a tiresome local dispute with a union leader (the union also rejected him) that Prager came to the unwelcome attention of the rabble: the union leadership accused him of being a spy, which led Prager to post handbills around town denouncing this lot for their scurrilous accusation. This obviously did him more harm than good and as the public conviction that Prager was disloyal took hold, it overran the halfhearted efforts of the town’s putative authorities to keep a semblance of order.

A mob on April 4 captured Prager at his home, paraded him, made him kiss the flag — momentarily rescued and hustled off to jail by police and a mayor who tried to talk the mob out of its design — then shanghaied from his “protective” custody cell and taken to the outskirts of Collinsville for hanging on a tree.

Eleven men stood trial for the affair over three weeks. Once the matter was finally rested with the jury, they were instantly acquitted.

There was wild applauding and cheers from ‘most everyone present. Relatives, friends and acquaintances rushed toward the bar to shake hands with the defendants. …

There was a peculiar coincidence at the trial Saturday. The Jackie Band was in Edwardsville for a patriotic demonstration.

When a shower of rain came up the musicians were sent to the court house where it had been arranged to give a program. At 2:40 o’clock judge Bernreuter ordered a recess after the completion of arguments and before reading the instructions.

Then word was sent that the band might play until court re-convened. The first number of all concerts is the Star Spangled Banner and it was played Saturday.

The strains from the Jackie Band caused tears to flow down the cheeks of Riegel. He was still crying when he returned to the court room.

As the jury came in with its verdict the band was at the head of a procession of draft boys and in passing the court house played “Over There.”

While Prager’s murder stands as the most emblematic event of anti-German intimidation during America’s months in the Great War, it was far from the only one: many others nearly as ugly stopped just this side of homicide. Papers were rife with reports of German immigrants being made to kiss the flag; clapped in jail for suspect utterances; of being menaced by mobs.

Outrageously, Germany made propagandistic use of these events, which the virtuous Entente powers would certainly never do.


Washington Post, April 11, 1918.

A number of federal lawmakers, as well as former presidents William Howard Taft and Theodore Roosevelt, condemned the lynching, mostly in the familiar coded terms with which lynchings were opposed in those days: one would rather let justice take its course. Mob rule is itself disloyal. Etc. (See Hickey)

But the right-thinking potentates of the war party were also finding themselves relieved that a polity which had re-seated the current president on the slogan “he kept us out of war” would so pliably turn towards bellicosity. This charade so mechanically familiar in our time was still an arcane and uncertain art in America’s imperial adolescence.

“The recent lynching of a German in Illinois and violent outbreaks of the same character in other parts of the country,” intoned the Washington Post, “have awakened the Department of Justice to the need of a law which will enable government officers to prosecute pro-Germans rather than leave them to be dealt with by mob law.”

Oh. Danke very much.

An unsigned editorialist in the paper’s April 12 edition opined so nauseatingly brutal and specious that in another age it would have earned its author an immediate contract with Fox News:

Stamping Out Treason

The question whether or not the laxity of the laws against treasonable utterances has been responsible for the people’s acts in taking the law into their own hands has been much debated of late.

While sedition may have been encouraged to some extent because of the comparatively mild risks involved, it is quite probable that the pro-German intrigues would have been carried on if the risk had been greater. This suggests the thought that other reasons must be looked for to account for the general revulsion of public sentiment against the treason spreaders and the prompt punishment meted out to them in so many instances.

A plausible explanation is found in the fact that the open and ingenuous American mind had been fed up on German lies to the point where it broke out in fierce revolt. At the beginning of the war, and even after the entrance of America into it, there remained debatable points in many minds. Though of a minor nature and scarcely affecting the larger issue, these points were emphasized by enemy agencies which had been at work from the beginning. But as the truth has been laid bare the indignation of the people has grown stronger. The fact that the rounding-up process has been most vigorously conducted in the middle West tells its own story in this respect. It was that section which was slowest to wake up. There the enemy propaganda apparently worked with most success. So it is there that the people have arisen unitedly in their righteous wrath against the treason talkers.

The comparative absence of outbreaks of this character in the East is explainable on the same theory. In the East the public mind toward the war was much earlier divested of errors. Consequently the enemy agents were more wary in their utterances, not because of any greater stringency of the law, but because of their appreciation of the temper of the people.

In spite of excesses such as lynchings, it is a healthful and wholesome awakening in the interior part of the country. Enemy propaganda must be stopped, even if a few lynchings may occur. The people know what they want. They are not seeking to subvert law and order.

Other powerful institutions were not quite so sanguine as the Post: the lynching was discussed hours after it occurred in the U.S. cabinet, no doubt mindful that it was also being denounced in the German Reichstag. And indeed all concerned marshaled these animal spirits of the populace towards killing men by the thousands under the auspices of the state rather than singly by drunken small-town mobs.

Fears of German reprisals against American prisoners never seem to have materialized; neither is there any other documented lynching in the short course of America’s World War I involvement that was conducted on unambiguously “patriotic” grounds.

* Any number of other papers joined the Post in this campaign, including the St. Louis Post-Dispatch and the Chicago Tribune. A few weeks later, they got their wish — the Sedition Act, under which the Socialist Eugene Debs was arrested for speaking against the war.

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1994: Richard Beavers, hungry to die

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On this date in 1994, Richard Beavers was executed by lethal injection in Texas.

Beavers abducted, robbed, and shot dead a young Houston couple — or so he thought; the woman survived and later testified against Beavers.

The Death Penalty Information Center’s executions database classes around 10% of all prisoners put to death in capital punishment’s modern American incarnation as “volunteers,” men and women who ultimately assent to their own execution — most famously including the very first, Gary Gilmore.

Beavers was among them. In the last weeks of his life, the legal issues surrounding his case were not the usual battery of dilatory strategems — but Beavers repelling (successfully) the attempted intervention of the Texas Resource Center’s appellate attorneys despite his objections.

Beavers may have embraced death, but that didn’t make him immune to the pleasures of the flesh.

Last meal request: Six pieces of french toast with syrup, jelly, butter, six barbecued spare ribs, six pieces of well-burned bacon, four scrambled eggs, five well-cooked sausage patties, french fries with ketchup, three slices of cheese, two pieces of yellow cake with chocolate fudge icing, and four cartons of milk.

Our day’s malefactor contributed no last statement to the annals, but was quoted as telling an Associated Press reporter that “it’s really a great day to die, to leave the body.” You’d think so too after that kind of meal.

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1789: Skitch, amidst the tears of thousands

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London Times, April 14, 1789:

Exeter, April 8. Friday last were executed at Heavitree-gallows, William Snow, alias Skitch, for breaking the house of Richard Adams, in the parish of Romansleigh, and stealing a quantity of plate thereout; and James Waybourn, for robbing farmer Stokes, near Bickley-wood. They were perfectly resigned to their fate; yet it was with difficulty that Waybourn was induced to answer any questions respecting his guilt.

The behaviour of Skitch manifested how little there is in the approach of death, when the human mind is brought into a calm and pious disposition, by serious meditation on the attributes of an all powerful and gracious Deity. He declared that day to be the happiest of his life; and exhorted the spectators to avoid his errors. He had hung but a few seconds, when the rope slipped from the gallows, and he fell to the ground. It is impossible to describe the feelings of the multitude at the thought of his being again suspended; yet was this painful interval less afflicting to the magnanimous sufferer than to the spectators. Skitch heard their sorrowful exclamations, and said, with an air of compassion, “Good people, be not hurried; I can wait a little:” and the executioner wishing to lengthen the rope, which had slipped, Skitch calmly waited till Waybourn was quite dead, when the rope was taken from the deceased’s arms, in order to compleat the execution of Skitch, who was a second time launched from the cart amidst the tears of thousands.


An overgrown gravestone in a Heavitree church cemetery. (cc) image from HayneZ.

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1977: Girma Kebede in the Ethiopian Red Terror

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There’s a reason why “may you live in interesting times” is a curse.

The eras we call a “Terror” — Stalin’s Russia, Robespierre‘s France, Pol Pot’s Cambodia — are pretty interesting.

Ethiopia in the mid-1970’s was one of the most interesting places in the world.

After the Derg, a shadowy committee of leftist officers, toppled the monarchy in 1974, factional violence between Ethiopia’s two main Marxist parties soon came to the fore.

Long story short, All-Ethiopian Socialist Movement (MEISON) backed the Derg — while its rival the Ethiopian People’s Revolutionary Party (EPRP) denounced it as fascistic.

And when Mengistu assumed dictatorial power in February 1977, it was Red Terror on.

It was as dirty as it sounds, “one of the most systematic uses of mass murder by the state ever witnessed in Africa” according to Human Rights Watch. This was the context of Mengistu’s most notorious public appearance, at an Addis Ababa rally later this same month of April 1977 when he theatrically smashed bottles of (apparently) blood while inciting his supporters against “enemies.”

Now that is red terror.

The Derg-MEISON alliance* built up Kebeles, small neighborhood militias — “essentially a matter of arming the lumpenproletariat against members of the urban intelligentsia,” writes Christopher Clapham.

But even these MEISON-allied goon squads were liable to run afoul of revolutionary justice if their indiscriminate mayhem failed to discriminate at the most essential moment.

On two occasions, March and again in May 1977, house-to-house searches were carried out in Addis Ababa, and suspected EPRP members rounded up for execution. Attempts by the EPRP to launch a school strike were likewise countered by the execution of students who failed to attend classes. The press regularly reported the execution of ‘anarchists’ and ‘paid assassins’. Along with the conflict between the rival political factions went the settling of personal scores, and gratuitous killings by psychotics on either side. The most notorious of these, Girma Kebede, was a Meison kebelle chairman in the Arat Kilo area of Addis Ababa, and the well-educated son of a former high official; he overreached himself by taking away for execution a group of ‘reactionaries’ from the Ministry of Education who included Mengistu’s uncle, and was then shot on the charge of seeking ‘to alienate the people from the Government and incite the broad masses against the revolution’.

On this date in 1977, Girma Kebede paid the forfeit. His, er, strategy of killing scores of humans to alienate the people from the government would take many more years and bodies to succeed.

* Later that year, the Derg-MEISON alliance also fell apart, Mengistu cemented his power, and MEISON got the same treatment it had once meted out to its EPRP enemies.

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1942: Not Hersh Smolar, saved by Genesis

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1942, the Nazis issued an ultimatum to the Judenrat of the Minsk Ghetto in Belarus: turn over Hersh Smolar for torture and execution by noon, or they would all face execution themselves.

Smolar, a dedicated Communist who was a writer and editor in civilian life, had been a problem for the Germans for quite some time. He was a leader in the resistance of the Minsk Ghetto, and that resistance was a force to be reckoned with. Smolar and others like him formed an underground organization that printed leaflets about Soviet successes in the war, occasionally hid non-Jewish Communists and escaped Russian prisoners of war within the ghetto (the infectious disease ward of the hospital was a great hiding place: the Germans never went there), and above all tried to save the lives of as many Jews as possible.

The Minsk Ghetto underground formed links with underground resistance organizations on the outside and they worked together. Unlike the rest of Eastern Europe, the general population of Belarus was as a whole sympathetic and helpful to the Jews. The result was that Jews were able to escape the ghetto and join partisan groups in the forest by the thousands, surviving and taking out Nazis at the same time.

The Minsk Ghetto leaked like a sieve. By the time it was liquidated, 10,000 of its residents had joined partisan groups in the forest.

Smolar, of course, had tried to keep his activities a secret from the Nazis, but he couldn’t avoid their attention forever. Unfortunately the Minsk Ghetto Underground wasn’t very good at keeping itself a secret and twice it was decimated by mass arrests.

By the spring of 1942, Smolar was a hunted man, and in hiding. On April 1 he was in the hospital’s infectious disease ward, disguised as a typhus patient, meaning his face could be covered. (Typhus patients suffer extreme sensitivity to light.) The Judenrat paid him a visit and told him about the Nazis’ ultimatum.

Some of the Judenrat members were prepared to turn Smolar in, so only one person would have to die. Of course, the ideal solution would be where no one would die. They turned to the Tanakh for guidance, specifically the story of Joseph. When Joseph’s brothers sold him into slavery in Egypt and told their father he had died, they dipped his coat in the blood of a kid and presented this as proof of his death.

Displaying the sincerest and brassiest form of flattery, one of the Judenrat members took a blank passport, filled it out with Smolar’s photograph and details, smeared it with blood from a recent Nazi victim, and took it to the Gestapo officers. He explained that they had apparently gotten Smolar in a random shooting, as the passport had just been found on a mutilated body at the cemetery.

And the Germans actually fell for this. April Fools!

Barbara Epstein’s excellent book The Minsk Ghetto 1941-1943: Jewish Resistance and Soviet Internationalism records the rest of the story: Smolar remained in hiding in the hospital for another four months. Eventually he left the infectious disease ward and moved to a specially constructed hiding place in the attic chimney, which was only large enough to stand in.

Presumably he was very happy in August 1942, when the time came for him to leave the ghetto and join a partisan group in the forest. He survived the war … as did about 4,500 other Jewish partisans from the Minsk Ghetto.

Smolar wrote a memoir about his experiences and the Minsk Ghetto Underground in general, titled The Minsk Ghetto: Soviet-Jewish Partisans Against the Nazis. He died in Israel in 1993, age 88.

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1984: Ronald Clark O’Bryan, candyman

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Halloween lovers can thank Ronald Clark O’Bryan, executed just after midnight on this date in 1984,* for a major buzzkill.

O’Bryan spiked his own kids’ Halloween Pixy Stix with cyanide in an effort to kill off the urchins and collect the insurance. His 8-year-old son died.

Although O’Bryan was after his own kids, he might have given some out to the neighbors as well.

Nobody else died, or even got sick, but this was the era of the after-school special and satanic hysteria, so this pedestrian malefactor’s incidental connection to Halloween — after all, he could have just poisoned the kids’ Cheerios instead — metastasized into baseless urban legends of Stephen King villains spiking candy corn with rat poison and candy apples with razor blades.**

“The crime changed the way Texas youngsters, particularly those in the Houston area, celebrate Halloween,” the A.P. reported. “Some neighborhoods informally banned distribution of candy.”

Some nutbar kills his offspring for the insurance money back in the Ford administration, and that’s why you’re still getting crayons in your pillowcase sack. Crayons.

Siouxsie and the Banshees turned this creeper scenario to good effect in the 1986 song “Candyman”.

Beware the masked pretender
He always lies, this candyman
Those lips conspire in treachery
To strike in cloak and dagger, see!

Apparently you can lay a Rice Krispies treat at his grave in Forest Park East Cemetery.

* There are some reports out there of a March 30 execution, but newspaper accounts do appear to confirm that O’Bryan was put to death in the early moments of March 31, a Saturday.

** O’Bryan’s prosecuting attorney also still hates Halloween.

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2011: Three Philippines drug mules in China

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Today in China, overseas Filipino workers Ramon Credo, 42, Sally Villanueva, 32, and Elizabeth Batain, 38, were executed by lethal injection in China as drug smugglers — the first two in Xiamen, and the last in Shenzhen.

The three had been arrested in 2008 and convicted in 2009 for carrying heroin — they said unknowingly — into the People’s Republic.

The fate of these three aroused an outpouring of sympathy in their native land, where economics drives up to 10% of the population to work overseas, often at a hazard.

Vice President Jejomar Binay, who personally traveled to China to plead their case, called it “a sad day for all of us.” (Unusually, China actually granted a few weeks’ reprieve from the original February execution dates. This was viewed as a concession, and why not? China has rolled stronger countries in similar cases before without even that courtesy.)

While this case was in the headlines for weeks in the Philippines and around the world, the condemned at the heart of it seem not to have realized their deaths were imminent until relatives flew in from China to meet with them on this very day, just hours before execution.

These seem to be the first known Philippines nationals executed in China for drug trafficking, and if that’s a surprising milestone for the world’s most aggressive executioner to be setting with a regional neighbor noted for its many overseas workers … it bears remembering that it’s only China’s stupendous economic growth in the past generation or so that has made it such an especially attractive migrant worker destination.

This execution date also happens to be the 40th anniversary of another landmark event in Sino-Filipino relations, the hijacking of a Philippines airliner by six students, who diverted it to China. Those illicit airborne arrivals were greeted with considerably more leniency than our present-day drug couriers enjoy.

Seventy-two more Philippines nationals are reportedly under sentence of death in China for drug crimes(or not), and around 120 more for various offenses throughout the world.

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1946: Phillip and William Heincy, father and son

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(Thanks to author Dick Haws for graciously allowing us to reprint this chapter from Iowa and the Death Penalty: A Troubled Relationship, 1834-1965. Check out the book for more on the other 44 men (no women) hanged in the Hawkeye State. -ed.)

Phillip and William Heincy established several firsts when they were hanged on the same scaffold at the Iowa State Penitentiary in Fort Madison. They were the first — and only — father and son team to be executed by the State of Iowa. And Phillip, at 72, was the oldest. But it was the two men’s ignorance, their dim-wittedness, that also must have set some kind of record. Together, they had lived well over 100 years on the planet yet they had remained sublimely ignorant of the world around them. Phillip, or “Dad” to William, testified that he had gone to school off and on through the second grade, that he couldn’t write, couldn’t read, had never placed a long-distance telephone call, didn’t know the significance of Easter nor the number of months in a year, nor the number of days in a week, nor anything special about the Fourth of July, except that “I have to work every Fourth of July.” For his part, William, or “Bill” to “Dad,” testified he was born on Christmas Day 1900 but never knew the significance of that day nor Easter nor the Fourth of July. He said he had attended school for “parts of four years.” Their defense attorney, K. B. Welty, summed up his clients’ plight. “These men came into this world with very limited capacities, never attending Sunday School or church except for a few times, and school was limited, and society in which they traveled was limited and opportunities were limited because their intelligence did not permit them to get into proper society.”?

But that isolation didn’t prevent them from becoming ruthless criminals, and, in the end, murderers. Dad didn’t enter prison until he was 51, which suggests, as their Catholic priest on death row observed, that son Bill “apparently is the dominant personality and the father seems to follow his lead.” The two were Missourians and, in 1924, were arrested for the first time for stealing a Ford touring car and escaping from jail. Dad got seven years in a Missouri prison, Bill, four years. After their release, they headed north in to Iowa, and in 1931, near Iowa Falls, they held up a couple at gunpoint, kidnapped them and stole their car. About two weeks later, they shot it out with Mason City police and were apprehended. They were convicted under the false names they gave — P. H. Smith for Dad, W. H. Baker for Bill — and sentenced to a maximum of 25 years at the Iowa State Penitentiary. Dad was paroled after nine years, Bill got out after about 10 years.

In 1944, they were back together and ready to attack again. On the evening of Dec. 14, 1944, Bill and Dad boarded a train out of Quincy, Ill., bound for Spirit Lake in northern Iowa. During an earlier spring Dad had worked for a short time on a farm near Spirit Lake while Bill had helped out at a nearby resort on West Lake Okoboji, run by Robert and Esther Raebel, a prominent, deeply religious, childless couple who were known for the hours they spent with the children of the Spirit Lake Methodist Church. The Heincys would later claim they had headed to northern Iowa to retrieve a car they had stored there and to make some money hiring out to pick corn. Dickinson County Attorney W. B. Bedell never believed them; he maintained their only reason for coming to Spirit Lake was to steal and murder. Bedell cross-examined Dad, getting him to admit that he didn’t know where the car was, that he and his son carried no luggage with them, no extra clothes, no work gloves, but that they did bring along a gun and a billy club. “You didn’t expect to pick corn with a billy and a gun, did you?” Bedell asked. After arriving in Spirit Lake, Bill said in his confession, they loitered around the railroad depot for a few hours, undecided about what to do next. They went to a tavern and had a beer, then ate a sack of donuts. Then, almost by chance and with apparently little forethought, the two said in their confessions they decided to walk the four and one half miles to the Raebel resort, planning to rob the couple of the large amounts of money they believed they had on hand. Bill and Dad said they watched through a resort window as the Raebels ate supper, washed the dishes, and moved into the living room, where Esther addressed Christmas cards at a card table. When Robert got up to go down the basement to check the furnace, the Heincys struck, breaking into the resort. Bill, who was carrying both the .22-caliber revolver and the billy club, shot Robert just as he was coming back up the stairs. He staggered into the living room and fell on the floor, almost at his wife’s feet. The bullet entered his neck below the right ear and severed his aorta, causing him to bleed to death. From Esther, the Heincys demanded money and the car. She gave them all the money she had — about $28 — and the car keys. Before fleeing, Bill slugged the woman several times over the head with the billy club, knocking her unconscious to the floor. In their confessions, the Heincys said they believed they had killed both the Raebels, but, within about two hours, Mrs. Raebel had recovered enough to call the Okoboji telephone operator, who spread the alarm. Mrs. Raebel was also able to identify her assailants.

“Have you ever seen the men before?” she was asked at the coroner’s inquest.

“Oh, yes, absolutely,” she responded. “I just know it is those men, see, that worked at our place.”

“Both men worked at your place?”

“No, no, just the one. The old man stayed with Jens.”

“Jens Anderson?”

“Yes. He worked on the farm there. That is right.”

“Would you know the man’s name?”

“Well, his name, Heinke, something like that.”?

“Was it Heincy?”

“Yes, that is right. Yes,” she repeated and identified photographs of the two.

The Raebels’ car was found the next day abandoned in downtown Storm Lake. Nineteen days later, the Heincys were arrested without incident in Quincy, Ill. They were returned to Iowa, quickly confessed, pleaded guilty and awaited sentencing from Judge Fred M. Hudson. The Heincys hoped to escape the death penalty by arguing that they intended only to rob the Raebels, not kill them, that Robert’s death was unintentional. But Judge Hudson was unpersuaded. “If robbery was all they intended,” he asked rhetorically at their sentencing hearing, “why did they not stop there? The facts of these cases warrant the finding that these defendants completed their robbery and then in order to make good their escape and avoid detection and identification, purposely inflicted what they thought were fatal injuries upon both the victims of their robbery, and killed one victim and thought they had killed the other. In so doing they thought they had eliminated the only two persons who knew them and who could identify them as the robbers.” The judge said he also tried to determine whether one of the Heincys was more guilty than the other. “The younger man apparently did the shooting and most if not all of the beating,” Judge Hudson said. “However, the older man planned the robbery with him, entered upon the perpetration of it armed and knowing the younger man was armed and in what manner, demanded and received the money of at least part of it, handed the billy to the young man to use. How can it be said under our law that both are not equally guilty and responsible?” Bill and Dad were sentenced to be hanged on March 29, 1946.

The effort to spare the lives of the Heincys focused on Gov. Robert Blue, not the Iowa Supreme Court, because the Heincys’ attorney, K. B. Welty, did not believe his clients had been treated unfairly in the court process. “They (Dickinson County authorities) did a grand job,” he told the governor. The appeal to Gov. Blue didn’t come to a head until March 4, 1946 — only 25 days before the scheduled executions — and it raised arguments about the mental acuity of the Heincys. “Actually,” Welty told the governor, “these men are poor, wretched, depraved souls and, although you may feel there is no value of them to society, I say to your honor, we should not hang them. As you well know, we have institutions all over this country where we keep our mentally defective and crippled people.” Welty suggested that if the Heincy defense had had the money to hire psychiatrists, “possibly and probably a different result could have been obtained.” Welty also blamed society for allowing the Heincys freedom in the first place. “Perhaps they should have been kept in the penitentiary long ago and I presume that society has laxed in not seeing to it.” But the governor bored in on the question of the Heincys’ insanity, asking Welty whether the Dickinson County judge had heard any testimony about it. “No, your honor,” Welty responded. “You didn’t call any local doctors that would have any knowledge of psychiatry?” the governor asked. “No, sir,” Welty responded. “Did you raise that question with the court?” the governor continued. “No, sir,” Welty answered. “Do you feel they know the difference between right and wrong?” the governor asked. “Yes, sir, at times, but I think there are times in their lives that they were so crazed that they lost control of themselves,” Welty responded. “Any feeling on your part that they are insane, or are they uneducated persons who lack self-control?” the governor asked. “In respect to the elder Heincy, I have sensed that he is rather unbalanced,” Welty responded. “I think the younger fellow is not that bad.” The governor didn’t delay in announcing his decision. “Their whole history has disclosed that they were at war with society,” Gov. Blue said. “I can find in statements made to me no reason for granting executive clemency.”

But Welty battled on. Only days before the scheduled execution, he asked for a sanity hearing. Arguing that Dad Heincy had “the mentality of an 8-year-old boy,” Welty said, “we certainly would not hang an 8-year-old boy in this state. I can’t believe that the great State of Iowa, on the eve of its one hundredth birthday, will bloody its hands by taking lives in this manner. The time will come when this state will follow other intelligent states and do away with executions.” Welty was partially successful. The Iowa Board of Control ordered an immediate sanity examination of the Heincys. Two psychiatrists and a psychologist questioned the two men for more than two hours on the Wednesday before they were scheduled to be hanged. Their conclusion? Neither of the Heincys was insane nor feebleminded.

The hangings went off as scheduled. Dad and Bill, on the night before their executions, got baths, shaves and haircuts, and the prison-made suits, hats, shoes and ties. The traps were sprung by Dickinson County Sheriff Joe McQuirk at 6:01 a.m. Bill dropped a split second before Dad. Dad was pronounced dead after 11 minutes, Bill after 12.

NOTES
Sources include Governor’s Correspondence on Criminal Matters, Phillip Heincy file, State Historical Society of Iowa, Des Moines; Governor’s Correspondence on Criminal Matters, William Heincy file, State Historical Society of Iowa, Des Moines; the Spirit Lake Beacon; the Des Moines Tribune; the Des Moines Register.

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1872: Yoarashi Okinu, geisha

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On this date in 1872, geisha Yoarashi (“Night Storm”) Okinu was beheaded at Tokyo’s Kozukappara execution grounds after killing her lover to run away with a kabuki actor.

A notorious dokufu, so-called “poison-women” that captivated that country in the late 19th century, Night Storm (English Wikipedia entry | Japanese) was of humble origins but became a sought-after geisha in Edo.

Her celebrity affairs are treated here (reliability: unknown), but the reason she’s in this here blog is poisoning off the second-last of them with arsenic in order to get free to run off with kabuki actor Arashi Rikaku.

Rikaku himself was up to his eyeballs in this same plot, and was arrested — our source says, during a kabuki performance! — and initially condemned to death. Since Okinu was pregnant, however, her execution was put off pending childbirth; eventually, Rikaku’s sentence was moderated from capital punishment altogether.

Okinu’s head was cut off, and displayed in public for several days. Her lover served three years in prison, then rebuilt his kabuki career as Ichikawa Gonjuro.

* The date was the “20th day of the 2nd month of the fifth year of Meiji”, using Japan’s system of dating years from the start of the current emperor’s reign. Helpful in nailing down the date: Tokyo’s first daily newspaper published its first issue on the very next day.

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