Tag Archives: 1880s

1883: Joe Brady, the first of the Invincibles

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“All patriots on earth must respect him (Joe Brady).”

–John Boyle O’Reilly

On this date in 1883, Britain set about the grim work of avenging the assassination of its Irish plenipotentiaries by hanging Joe Brady at Kilmainham Gaol.

“He was brought up as a stonemason,” the May 15, 1883 London Times recalled of the by-then-hanged man, “of herculean strength, his occupation developing the muscular power of his arms, which told with such terrible effect when he drove the knives into the bodies of his victims.”

Those knife-driven bodies belonged to Irish civil servant Thomas Henry Burke (a quisling figure, in the eyes of Irish nationalists) and the English politician Lord Frederick Cavendish, who were jumped while taking a stroll in a Dublin park on May 6, 1882.

The authors of their destruction — beyond Joe Brady, personally — were the splinter of radical Fenians known as “the Invincibles”, who figured on the vincibility of the collaborators and informers who made British control of Ireland possible. Especially their vincibility to stonemason-wielded surgical knives.

Efficient, and surely less than genteel, police work busted up the cell after those spectacular homicides, inducing leadership figures to turn state’s evidence against their subordinates. Four more men consequently hanged in the month following Brady’s execution. The stool pigeons got to walk.

History did not delay her verdict on these characters.

While Invincible-turned-informer James Carey was promptly murdered in retaliation, Brady et al joined nationalist mythology as martyrs who “died a Fenian blade.”

Ballad of Joe Brady

I am a bold undaunted youth, Joe Brady is my name,
From the chapel of North Anne Street one Sunday as I came,
All to my surprise who should I espy but Moreno and Cockade;
Says one unto the other: “Here comes our Fenian blade”.

I did not know the reason why they ordered me to stand,
I did not know the reason why they gave me such a command.
But when I saw James Carey there, I knew I was betrayed.
I’ll face death before dishonour and die a Fenian blade.

They marched me up North Anne Street without the least delay,
The people passed me on the path, it filled them with dismay.
My sister cried, “I see you Joe, if old Mallon gives me lave,
Keep up your heart for Ireland like a true-born Fenian Blade.

It happened in the Phoenix Park all in the month of May,
Lord Cavendish and Burke came out for to see the polo play.
James Carey gave the signal and his handkerchief he waved,
Then he gave full information against our Fenian blades.

It was in Kilmainham Prison the Invincibles were hung.
Mrs Kelly she stood there all in mourning for her son.
She threw back her shawl and said to all:
“Though he fills a lime-pit grave,
My son was no informer and he died a Fenian blade.”

And if the Times‘ report (the same May 15 article) is to be believed (reporters weren’t actually allowed to witness the execution itself), Brady wore that invincible conviction to the scaffold.

“Up to the last moment,” the paper reported, “he retained the animal courage which he displayed in the deed itself, which, though dastardly as regards the unarmed men whom he attacked, was daring in its other circumstances.”

Speaking of animal courage.

Our man Brady, very famous in Ireland around the turn of the century, makes a little appearance in the referential soup of James Joyce’s Ulysses* for animal spirits of a different sort: a conversation about his hanging provides the departure point for a Joycean meander into the phenomenon of scaffold priapism.

–There’s one thing it hasn’t a deterrent effect on, says Alf.

–What’s that? says Joe.

–The poor bugger’s tool that’s being hanged, says Alf.

–That so? says Joe.

–God’s truth, says Alf. I heard that from the head warder that was in

Kilmainham when they hanged Joe Brady, the invincible. He told me when they cut him down after the drop it was standing up in their faces like a poker.

–Ruling passion strong in death, says Joe, as someone said.

–That can be explained by science, says Bloom. It’s only a natural phenomenon, don’t you see, because on account of the …

And then he starts with his jawbreakers about phenomenon and science and this phenomenon and the other phenomenon.

The distinguished scientist Herr Professor Luitpold Blumenduft tendered medical evidence to the effect that the instantaneous fracture of the cervical vertebrae and consequent scission of the spinal cord would, according to the best approved tradition of medical science, be calculated to inevitably produce in the human subject a violent ganglionic stimulus of the nerve centres of the genital apparatus, thereby causing the elastic pores of the CORPORA CAVERNOSA to rapidly dilate in such a way as to instantaneously facilitate the flow of blood to that part of the human anatomy known as the penis or male organ resulting in the phenomenon which has been denominated by the faculty a morbid upwards and outwards philoprogenitive erection IN ARTICULO MORTIS PER DIMINUTIONEM CAPITIS.

* As was Brady’s getaway driver James “Skin-the-Goat” Fitzharris, who became a national celebrity by serving a long prison sentence for refusing to inform on anyone.

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1882: George Henry Lamson, aconitine poisoner

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On this date in 1882, George Henry Lamson was hanged at England’s Wandsworth Prison for poisoning his brother-in-law in pursuit of an inheritance.

Once decorated for his volunteer medical practicioning in the benighted lands of eastern Europe, Dr. Lamson fell prey upon his return to England to morphine addiction which cleaned out his assets.

Desperate to resolve his debts, he administered a lethal aconitine dose to the paraplegic 18-year-old Percy John.

Apparently, the good doctor had learned all about this efficacious chemical at the knee of Queen Victoria’s own physician, Robert Christison.

Unfortunately, Lamson hadn’t been keeping up with his technical journals in the meantime: Christison had taught him that aconitine poisoning was undetectable, but a forensic technique to identify it had subsequently been developed.

(Minor-league milestone: Lamson’s was the first recorded criminal defense that attempted to blame ptomaine poisoning, a now-discredited theory that death can be induced by alkaloid toxins from decomposing food. But the lawyer making that defense would later write that he not only believed his client guilty, he also thought Lamson had iced his wife’s older brother, Herbert.)

The particulars of Lamson’s trial are recounted at length in this free book, from which we excerpt the interesting description of executioner William Marwood’s craft in arranging the scene.

Lamson was a more powerfully built man than he appeared, weighing upwards of 11 stone 12 Ibs., and the executioner, evidently fearing that hie strength would operate somewhat against a sharp and quick fall, fastened back his shoulders in a manner which precluded all possibility of the culprit resisting the action of the drop …

When the convict was pinioned the procession moved on, the clergyman the meanwhile reading the service of the Church appointed for the burial of the dead, the doomed man respondnig almost inaudibly to the words as they were uttered by the chaplain. It was with great difficulty now that he could walk at all; indeed, it is certain that had he not been supported by the two warders who stood on either side of him, he would have fallen to the earth. Suddenly he came in sight of the gallows, a black structure, about 30 yards distant. The grave, newly dug, was close at hand. The new and terrible spectacle here acted once more with painful effect upon the condemned man, for again he almost halted and fell. But the warders, never leaving hold of him, moved on, while Marwood came behind. At last the gallows was reached, and here the clergyman bade farewell to the prisoner, while Marwood began his preparations with the rope and the beam overhead. With a view to meet any accretion of fear which might now befall the culprit, a wise provision had been made. The drop was so arranged as to part in the middle, after the fashion of two folding doors ; but, lest the doomed man might not be able to stand upon the scaffold without assistance, two planks of deal had been placed over the drop, one on either side of the rope, so that up to the latest moment the two warders supporting the convict might stand securely and hold him up, without danger to themselves or inconvenience to the machinery of the gallows. In this way Lamson was now kept erect while Marwood fastened his legs and put the cap over his eyes. He must have fallen had the arrangement been otherwise, for his effort to appear composed had by this time failed. Indeed, from what now occurred it is evident that the convict yet hoped for a few moments more of life, for, as Marwood proceeded to pull the cap down over his face he pitifully begged that one more prayer might be recited by the chaplain. Willing as the executioner possibly might have been to listen to this request, he had, of course, no power to alter the progress of the service, and was obliged to disregard this last demand of the dying man. Signalling to the warders to withdraw their arms, he drew the lever, which released the bolt under the drop, and so launched the prisoner into eternity, [the] clergyman finished the Lord’s Prayer, in the midst of which he found himself when the lever had been pulled, and then, pronouncing the benediction, moved slowly back to the prison.

Though aconitine poisoning dates back to antiquity (the Greeks figured that the original dog from hell, Cerberus, drooled aconitine) and has been used as a literary device by Oscar Wilde, James Joyce, and J.K. Rowling, Dr. Lamson’s was long the last known case of criminal homicide by aconitine — until the 2009 conviction of a west London woman for slipping this illustrious mickey to her paramour in his chicken curry.

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1887: William Jackson Marion, who’d be pardoned 100 years later

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On this date in 1887, William Jackson Marion was executed in Nebraska for the murder of his best friend, John Cameron.

Jackson had always upheld his innocence and his ignorance of Cameron’s fate; he was the picture of “utmost coolness” on the scaffold, declaring only “that I am a sinner, the same as other men. I have made no confession and have none to make. Go to the court dockets and see where men have been tried and acquitted and compare my case with them.”

And then, as given by the Gage County Democrat, the first, last, and only man hanged in Beatrice “stood erect upon the trap-door while his hands and feet were bound, the black cap drawn over his face, and the noose adjusted,” the trap sprung, and after a thousand-plus people had taken the opportunity to view this infamous corpse, it was buried in the potter’s field.

It was then 15 years since young “Jack” Marion and John Cameron had hauled out from Grasshopper Falls, Kansas, looking for work on a railroad.

Somewhere in the wilderness, John Cameron disappeared, and Marion returned to his mother-in-law’s saying his buddy had left. Marion’s whereabouts fade; he’s supposed to have drifted in Indian country: was it flight? It sure looked that way a year later, when a body turned up with clothes that matched Cameron’s … and bullet wounds in the head.

Only a decade after those railroad recruits had rolled out their mule-packs was Marion finally apprehended and tried, and even then, it would take four years (and two trials, and several appeals) to resolve this circumstantial and very cold case.

The matter was indeterminate; the newspapers in town sniped at each other over the proper course — “there is a strong under current of public sentiment that is opposed to hanging, and particularly upon circumstantial evidence, collected ten years after the trial [sic], and connected by the testimony of his mother-in-law who showed … personal malice” complained the Gage County Democrat. Up to the very last, the governor postponed hanging by two weeks in response to a citizens’ petition. As is so often the case, though, the will to grant outright executive clemency went begging.

In 1891, under the headline The Dead Is Alive!, the Beatrice Daily Express delivered a thunderbolt to its readers.

There has always lingered, and always will linger, in the minds of a number of people … a doubt of Jack Marion’s guilt of the murder of John Cameron, and for which crime he was executed in this city four years ago.

The Express has today received almost indisputable information which establishes the startling fact of Jack Marion’s innocence. In other words John Cameron is still alive and was seen at LaCrosse, Kansas, one week ago Saturday, and a statement was obtained of him regarding his whereabouts from the time he and Jack Marion separated … and upon which day the law says Jack Marion killed his boon companion and friend.

The “victim” hadn’t been killed at all — he’s just up and blown town, just like Jack Marion said.

Although John Cameron turned up alive four years after the hanging, it would take another ninety-five for John Law to set things right.

That was when the executed man’s grandson, Elbert Marion, officially petitioned for Jack Marion’s posthumous pardon.*

Considering the century’s wait, the Board acted with relative dispatch on the hand-written petition. The evidence, Elbert pointed out, “has been accepted as fact by many many people including the Nebraska State Historical Society” and the living Cameron’s identity considered well-established by his contemporaries.** Elbert’s documentary history was considerable; in the minutes of the meeting, it’s handled by unanimous vote with no more than a few minutes’ conversation — one board member (the Attorney General, no less) observing of a proposal to kick the can down the road to a later evidentiary hearing, “we have sufficient information now on which to act responsibly.”

Now that’s bureaucracy for you.

In 1986, the Nebraska Pardons Board unanimously voted to issue a posthumous pardon to William Jackson Marion, hanged on March 25, 1887, for the murder of John Cameron. Secretary of State Allen Beermann, a member of the Board, noted that this was only the second request for a posthumous pardon the board has heard during his 16-year tenure. Marion’s grandson, Elbert Marion, requested the pardon, arguing that the coroner had misidentified a skeleton as Cameron, and maintaining that Cameron was seen alive by two of Marion’s relatives four years after Marion’s execution. The Board justified the unconditional pardon by stating “that the public good would be served by granting such application and that a posthumous pardon should be bestowed by the government through its duly authorized officers, as an act of grace.” (Source, a pdf)

Nebraska’s In the Matter of a Posthumous Pardon to William Jackson Marion, under the signature of Gov. Bob Kerrey, took formal effect on the 100th anniversary of its title character’s death — March 25, 1987.

* Elbert Marion’s hypothesis — and it is only that — was that Cameron, fleeing a potential paternity suit, swapped outfits with an Indian who might also have been on the run from his own trouble. Elbert reckons that the trick might have worked a little too well, and Cameron’s pursuers ambushed the Indian by mistake.

** One of Elbert Marion’s letters to the Pardons Board contains an offhanded reference to Kansas’s 1907 abolition of the death penalty; Elbert Marion believed (or had heard) that his grandfather’s execution had helped influence the legislature’s decision, but I have not been able to further substantiate this notion.

With special thanks to Sonya Fauver at the Nebraska Pardons Board and Allen Beermann, Nebraska’s Secretary of State at the time (and one of the signatories on the posthumous pardon) for archival assistance on this story.

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1882: William Heilwagner, onion weeder

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On this date in 1882, German immigrant William Heilwagner hanged for murdering his daughter-in-law outside Davenport, Iowa.

“A chain of circumstantial evidence wrapped itself around the old man,” writes Laura James. He “made no real effort to explain or defend himself.”

There was little doubt William resented his son’s wife Annie — “the low livedest thing around” he said on the day of her death. This sportive lass yearned for recreation not to be found on Midwestern onion farms, and the neighbors heard the triangular family dust-ups that resulted. There was not a whit of direct evidence against the defendant, but since Otto was out playing pinochle that night, it really only left one suspect.

After the inevitable conviction, a greenhorn aspiring journalist from Davenport, one Charles Edward Russell, took an interest in the queer case. William Heilwagner’s behavior unsettled him; Russell pressed him for a jailhouse interview.

As described in Russell’s 1914 memoir, These Shifting Scenes (available free here), the taciturn Bavarian gave Russell nothing but aggravation.

“Where were you on the night when your daughter-in-law was killed?”

“Who? Me?”

“Yes, you. Where were you?”

“Oh, I was in the house”

“Well, did you see her get killed?”

“Who? Me? No, I didn’t see her get killed.”

“Did you hear her cry out?”

“Who? Me?”

“Yes, you. Did you hear her cry out?”

“No, I didn’t hear nothing.”

“Did she go to bed as usual that night?”

“Who? Annie? Oh, yes, I guess. She go to bed all right.”

“Did you hear her get up in the night? Did you hear anybody come to the house? Did you hear any talking or fighting?”

“Who? Me?”

“Yes, you.”

“No, I didn’t hear nothing.”

“Well, you knew that she went to bed that night and she wasn’t there the next morning and she never came back. Didn’t you think that was strange?”

“Didn’t I think what was strange?”

“That she had gone away in the night and never come back. Didn’t you think that was strange?”

“Who? Me? No, I didn’t think nothing about it. I just go weed my onions.”

It’s enough to drive a body to distraction. Between the prisoner’s feeble story and apparent disinterest in his fate, Russell figured the old weirdo did it — discounting Heilwagner’s scaffold declaration of innocence.

“Gentlemen, I am innocent of this crime.” Not one of us that heard believed him. What guilty man is ever punished? What murderer, however hardened, or however certain his crime, fails to protest on the gallows in the like terms and with the same hardihood? All the experienced reporters there told me they had heard such assertions often on the like occasion and were moved not a whit.

Ten years later, Heilwagner’s son Otto leapt to his death from a bridge in Quincy, Illinois.

Otto left behind a suicide note confessing to the murder of his wife: he had secretly rowed back to the house in the dead of night, enticed Annie out of the house, and murdered her for infidelity. Heilwagners, father and son, kept their peace about the secret while William hanged.

“Who? Me?” the old man had said, in answer to my questions. He knew it all, he knew who killed Annie, and he went calmly to his death to save his guilty son. Dull old man, chill and repulsive, he had in him so much of the hero and so much of love. “For greater love hath no man than this.”

It was a rugged introduction for a novice to the business of crime detecting and legalized life-taking. If I had been expert at my trade I might have saved that man. Post facto illumination — how foolish it is! I can see now the indications and signs and hints that meant nothing to me then. But even though I knew at the time nothing of the full horror of that day the experience sickened me of hangings. I have never since acquiesced in any capital punishment. It is as illogical as it is profitless. I have had in my time more than my share of these spectacles and I take it as a fact worthy of serious reflection that I have seen the state put to death eleven persons and five of these I know to have been absolutely innocent, while of the guilt of a sixth and the mental responsibility of a seventh there were the gravest doubts. Murder upon murder, and if I should be asked what good or advantage society reaped from the death of any or all of these, I should be unable to say, nor has there yet appeared in my range of experience any person more expert than I to make that answer.

Among the innocent Russell reckoned were the Haymarket martyrs, whose hanging he covered a few years later for Joseph Pulitzer’s New York World.

His keen sense of injustice — and a somewhat better-developed nose for a story — led Russell on to a career as the “prince of muckrakers,” credited with some of the signature coups of turn-of-the-century journalism, and a place on the masthead as a co-founder of the NAACP.

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1888: Prado, before Gauguin

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On this date in 1888, “Prado” — also known as “Count Linska de Castillon”; he never copped to his real identity — was beheaded as a thief and murderer at Paris.

The trial of this intrepid criminal promised, in the London Times‘ Nov. 6, 1888 preview, to be “one of the most extraordinary of our times”

He [Prado] is a Spaniard, and was brought up at Gijon, but he refused to say who he was. When 14 years of age he visited Mozambique, India, China, California, the West Indies, and North America. In 1872 he was a sub-lieutenant in the Carlist bands. He then lived by his wits. He once crossed the French frontier and stole 8,000f. At the battle of Somorrostro he was wounded by a shell, and removed to a hospital, from which he enticed the sister of the Order of Saint Vincent de Paul who nursed him. She belonged to one of the first families in England. He married her, and with her visited the Holy Land, but her health failed, and she died on their return to Italy. Prado says he married a second wife at Lima, with a dowry of 1,200,000f., and that after her death he committed many daring robberies.

He’s the most interesting man in the world.

This vagabond upon the overgrown lost highways of fortune eventually ditched wife #2 in penury in Spain and proceeded to France where he mooched off a local girl and her absentee American sugar daddy, until one night he slashed the throat a dame named Marie Aguetant, the lover of a late-working croupier, and plundered their domicile of chattels.

Prado eluded capture for some time, keeping his lover, taking another — both of whom ended up in the dock with their insolent Don Juan, along with various male intimates in various aspects of accesorizing. None of those others drew a death sentence, but as the interest of the London Times suggests — it fronted near-daily trial dispatches from Paris — all this stuff about cabals of swarthy men ravishing women of their virtue and their valuables made global news.

It also moved Third Republic bodice-ripping true crime like this zippy little volume, “Prado ou Le Tueur de Filles,” with a copyright notice as late as 1931.

A savage crime by a strange character, but now that it’s long departed all living memory, it scarcely stands out. Legion are the lotharios who have slain for the pedestrian motivation of gold.

In a post-bourgeois order, “we will no longer see men like Pranzini, Prado, Berland, Anastay and others who kill in order to have this metal,” the French terrorist Ravachol‘s suppressed address to the courtroom declared in 1892. “The cause of all crimes is always the same, and you have to be foolish not to see this.”

Yes, I repeat it: it is society that makes criminals and you, jury members, instead of striking you should use your intelligence and your strength to transform society. In one fell swoop you’ll suppress all crime. And your work, in attacking causes, will be greater and more fruitful than your justice, which belittles itself in punishing its effects.

-Ravachol

Just a few days before this headline-grabbing execution, impressionist painter Vincent van Gogh undertook the most famous thing he ever did off-canvas: after his latest dispute with roommate and fellow-artist Paul Gauguin, van Gogh sliced off his own left earlobe.*

It was in this abnormal circumstance that Gauguin, fresh to Paris fleeing from the scene of the self-mutilation in Arles, attended Prado’s beheading, even forcing his way through a line of gendarmes to obtain a closer view.

“[H]e may have had the counterphobic desire to reassure himself of his courage by taking an unflinching look at Prado’s execution,” writes Bradley Collins. “Gauguin may have identified with both the executioner and his victim. On the one hand, by watching the state kill a man, he could vicariously release some of his pent-up aggression toward Vincent. On the other, by identifying with Prado he could vicariously atone for the guilt he felt about precipitating Vincent’s breakdown and abandoning [Arles].”

Aptly for Gauguin’s personal demons, the guillotine managed to botch this job, too — giving Prado a non-fatal facial injury and requiring the now-wounded condemned to be repositioned for another chop.

All this pate-slashing sure seems to have found its way into Gauguin’s next creation:


Gauguin’s grotesque “Jug in the form of a Head, Self-Portrait”. “Within one work, he has become both the bloody, earless Vincent [Van Gogh] and the guillotined Prado.” –Collins

* Latter-day revisionist hypothesis: Gauguin actually cut off van Gogh’s ear in a fight, but both painters kept to a cover story to keep everyone out of trouble. That version would only thicken the psychological stew for Gauguin’s pilgrimage to the guillotine and subsequent “self-portrait”.

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1883: Patrick O’Donnell, avenger

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On this date in 1883, Fenian Patrick O’Donnell was hanged at Newgate for the murder of James Carey.

O’Donnell — or Padraig O Domhnaill, more Gaelically — was a casualty of the Irish nationalist struggle; his path to the gallows began on May 6, 1882, when an Irish republican group known as the Invincibles stabbed to death two prominent officials of the British crown as they walked through Dublin’s Phoenix Park.

The Invincibles were ultimately collared — and then hemp-collared — with the assistance of one of their own number who turned queen’s evidence and put five of his former confederates in the noose.

Now in peril of life and limb himself, the turncoat James Carey got a new identity and a ticket on a passenger ship from his recent British enemies. But Carey either got sloppy and blew his cover — provoking O’Donnell to take the opportunity to kill him — or was found out by the Fenians before he left — and O’Donnell sent to stalk him.

The matter is still disputed, and it was disputed at O’Donnell’s trial (further to the question of motive and premeditation; the defense claimed that O’Donnell killed in self-defense during an affray).

That defense didn’t fly. Even advancing it, O’Donnell’s defenders would rather celebrate the intrepidity of his action than plead its extenuating circumstances; riotous celebrations with Carey burned in effigy were reported in Ireland when the news of Carey’s murder broke.

O’Donnell was apparently an American citizen, and his case generated a considerable groundswell from the ample Irish immigrant community stateside.*; he had lived in the anthracite mining regions of Pennsylvania and the Pennsylvania O’Donnells were big players in the shadowy Irish labor-terrorist-revolutionary Molly Maguires.

Now he’s dead, he’s laid to rest,
Let honour be his name,
Let no one look upon him
With scorn or disdain;
His impulse it is human,
Which no one can deny,
I hope he’ll be forgiven
By the infinite Lord on high.

If every son in Erin’s Isle
Had such a heart as he,
Soon they’d set their native land
Once more at liberty;
They’d unfurl their flag unto the British,
Their rights they would redeem
In unity and friendship,
In the lands far over the sea.

–Source

O’Donnell was one of the very few hanged by the great English executioner William Marwood‘s subpar successor Bartholemew Binns. Binns and his assistant were arrested in the process, having attempted to skip the fare for the train to London.

* For instance, the Dec. 10, 1883 Freeman’s Journal and Daily Commercial Advertiser in Dublin reported that President Chester A. Arthur received a deputation urging him to press for clemency consisting of congressmen “Cox and Robinson, New York; Mirrosn, Springer, and Sinertz, Illinois; Lefevre and Foran, Ohio; Murphy, Iowa; Mabury, William Lamb, Indiana; M’Adoo, New Jersey; Collins, Massachusetts, and O’Neill and Burns, Missouri.”

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1885: James Arcene, the youngest juvenile offender hanged in the US?

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(Thanks to Caitlin at Vast Public Indifference for the guest post -ed.)

On June 26, 1885, two Cherokee men — James Arcene and William Parchmeal — were hanged at Fort Smith, Arkansas. Moments before their deaths, both men made statements, though it is unlikely that their last words were intelligible to many witnesses at the military outpost, owing to the heavy rain and the fact that Parchmeal spoke little English.* Under the eye of Federal Judge Isaac Parker, the notorious “Hanging Judge” of the old Southwest, Arcene and Parchmeal had their limbs bound and their faces covered before being “launched into eternity.”**

In February, Arcene and Parchmeal had been convicted of a murder committed 13 years previously. On November 25, 1872, someone had killed a Swedish immigrant named Henry Feigel on the road near Fort Gibson in Indian Territory (now Oklahoma). The case remained unsolved for over a decade.

In 1884, 12 years after Feigel’s death, a U.S. Deputy Marshall named Andrews arrested Arcene and Parchmeal in connection with the murder. Though documents describing the evidence used to obtain the arrest warrant are not readily available, Andrews was able to convince a judge (probably the same Judge Parker who presided over the trial) that the trail had not gone cold after so many years. Arcene “denied having knowledge of the killing,” but Parchmeal made a statement through an interpreter “admitting being present, but said that he was there under duress and that Arcine did the killing.”†

After both men were convicted, Arcene made a confession stating that he had “shot [Feigel] six times, then both took rocks and mashed the man’s head” before dragging him off the road and robbing him of his boots and 25 cents. Judge Parker sentenced both men to hang.

At first glance, there is little to distinguish this case from the 77 other executions presided over by Judge Parker during his tenure at Fort Smith.‡ Parker had been appointed to the bench in the hope that he would make Indian Territory feel the full might of the federal government, and he did not disappoint. According to one chronicler of the Fort Smith court under Judge Parker,

“Tried, found guilty as charged, sentenced,” was the tale repeated until the mere fact of arrest meant almost certain conviction. The sentence “To die on the gallows” was passed upon more men here than anywhere in history. So numerous were the executions [Parker] ordered and so commonplace the thunderous crash of the gallows trap that street urchins playing outside the old walls would gleefully shout: “There goes another man to hell with his boots on!”

– Glenn Shirley, Law West of Fort Smith: A History of Frontier Justice In The Indian Territory, 1834-1896 (1957), 79.

But this execution was peculiar in one significant detail: James Arcene claimed to have been “only a boy [about] 10 or 12 years old” at the time of the murder.† If true, he was one of the youngest criminals in American history to have his crime punished by a federally-sanctioned execution.

It is difficult to verify James Arcene’s age with any degree of certainty. Census records for Indian Territory in the 1870s and 1880s are spotty at best, and few other vital records survive. It is possible that Arcene may have hoped to obtain a pardon by falsely pleading youth, but he did not revise his statement, even when it became apparent that it would do him no good. We may never know how old James Arcene really was — all we can know is that he claimed to have been a child in 1872 and that Judge Parker ignored this information and sentenced the adult who stood before him.§

If James Arcene was a juvenile offender, he looked very much like the other children and adolescents executed in the United States since the era of the American Revolution. Those offenders executed for crimes committed before the age of 18 have disproportionately been African American, Native American, or Hispanic teenagers who have committed crimes against white victims. This is true of the 20th century as well as the 19th: of the 22 juvenile offenders executed for murder in the US between 1976 and 2004, 77% had killed a white victim, though only 50% of homicides perpetrated by juvenile offenders involved a white victim. As of 2004, 9 of the last 10 juvenile offenders executed in Texas, the state responsible for 59% of all juvenile executions, were black or Hispanic. (Figures from the Death Penalty Information Center.)

In March of 2005, the Supreme Court handed down a 5-4 ruling in Roper v. Simmons declaring that states could no longer execute criminals who had committed their crimes while under the age of 18.

* See “Murder for Money,” Daily Arkansas Gazette, 27 June 1885 on rain, and “Hanged on the Gallows,” New York Times, 27 June 1885 on Parchmeal’s need for an interpreter.

** “Murder for Money,” Daily Arkansas Gazette, 27 June 1885.

† “Hanged on the Gallows,” New York Times, 27 June 1885.

‡ Judge Parker sentenced 156 men and 4 women to death. Of these, 79 were actually executed, the rest having died in prison, had their sentences commuted, or were pardoned.

§ It should be noted that many books make the erroneous claim that Arcene was 10 at the time of his execution. This is not the case — all available primary documents agree that he was an adult in 1885. I made this same mistake in my earlier guest post on the case of Hannah Ocuish, having relied on Dean J. Champion’s The American Dictionary of Criminal Justice: Key Terms and Major Court Cases (2005).

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1880: Ippolit Mlodetsky, Loris-Melikov’s would-be assassin

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If you were a person of any privilege or official authority in late 19th century Russia, chances are that Narodnaya Volya was planning to take a shot at you.

If you were General Loris-Melikov, a Ukrainian Jew did that to you two days before this date in 1880.*

And if you were that errant assassin, Ippolit Mlodetsky, this was your execution date.

Even though Melikov rated as something of a liberal on the Russian autocracy spectrum, he had no qualms about ordering legal proceedings barely this side of summary.

Gen. Melikoff, on Wednesday evening, ordered a court-martial to assemble on Thursday morning. The trial of the prisoner was opened at 11 o’clock in the morning. The prisoner was insolent in his language and demeanor, and refused to stand up or take any part in the proceedings. He said he had nothing to add … that he did not want to be troubled any more, and wanted the matter finished. … at 1 o’clock … judgment was pronounced against him. The judgment on the prisoner sentenced him to be hanged, and his execution was appointed for 10 o’clock this (Friday) morning on the Simeonofsky Plain, near the Tsarskoe-selo Railway terminus.

And so he was.

Mlodetsky’s public hanging was witnessed by novelist Fyodor Dostoyevsky in the very square where Dostoyevsky himself had faced mock-execution for revolutionary activity 30 years before.

Dostoyevsky was, even then, pulling together his magnum opus, The Brothers Karamazov.

The very day Mlodetsky tried to kill Melikov found Fyodor Mikhailovich chatting with fellow reactionary journalist Aleksey Suvorin about the plague of terrorism and its accompanying social malaise.

On the day of the attempt by Mlodetsky on Loris Melikov I was with F. M. Dostoyevsky.

… Neither he nor I knew anything about the assassination. But our conversation presently turned to political crimes in general, and a [recent] explosion in the Winter Palace in particular. In the course of talking about this, Dostoyevsky commented on the odd attitude of the public to these crimes. Society seemed to sympathize with them, or, it might be truer to say, was not too clear about how to look upon them … (Quoted here.)

Dostoyevsky in this conversation revealed that for the planned sequel to The Brothers Karamazov — never to be realized in the event —

he was going to write a novel with Alyosha Karamazov as the hero. He planned to bring him out of the monastery and make a revolutionary of him. He would commit a political crime. He would be executed.

(Much more about this sequel in this paper.)

Melikov’s brush with death did not dissuade him from continuing to push for constitutional reforms as the antidote to terrorism, including introduction of a parliament. Tsar Alexander II was on the point of implementing that proposal … when he himself was assassinated by Narodnaya Volya, precipitating a political backlash.

That murder of Alexander II helped put the kibosh on the Karamazov sequel, which would thereafter have become politically problematic.

Nor was that the only artistic casualty of the Russian terrorists.

A discomfiting thematic similarity in Mlodetsky’s execution with that of the protagonist resulted in the cancellation of a just-opened opera: The Merchant Kalashnikov. (It would be a few more decades before that connection could appear ironic.)

* The assassination attempt occurred on February 20, with the execution on February 22, according to the Julian calendar still in use in Russia at that time. By the then-12-days-later Gregorian calendar, the dates were March 3 and March 5, respectively.

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1885: George Gibson and Wayne Powers

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As of today, Scott County, Va., has gone 125 years since its last hanging — the execution in Estillville* of George Gibson and Wayne Powers for the drunken murder of a comrade.

Wayne Powers and Jonas Powers (brothers), and George Gibson and William Gibson (no relation), were on the road to West Virginia looking for opportunity and all that jazz, when the last-named William Gibson was slain by his traveling companions.

The crime was either one of minute pecuniary interest (the three survivors divided up the few dollars William had on him, and the clothes off his back), or just some inane drunken midnight quarrel between men who all happened to be well-armed.

At any rate, the inebriated killers “spent nearly the entire night trying to burn the body with a fire made of fence rails, and were thus discovered.”

Though all three were condemned, Jonas Powers was reprieved as not actually involved in the killing; both his brother and George Gibson used their scaffold time to insist upon his innocence. He was not ultimately executed.

His less fortunate companions did not neglect to blame Demon Rum for their woes, and took their leave of this earth doing their little bit to speed the day of a ruinous social policy.

O! may the cup of intoxicating drink never touch their lips, for it was this that has brought a fate so terrible upon their father. Society would do well to banish liquor forever from its midst. I, who have been decoyed to my ruin by it, might with some show of just reproach turn upon that people whose laws license this most deadly and dangerous of all agents, and say, ‘shake not thy glory locks at me.’”

The hanging itself was technically private, but the doomed men were trotted out on a stand outside the jail yard to address three thousand onlookers, and many of the public climbed trees to watch the gallows proceedings over the walls.

* Estillville is today known as Gate City. If the name rings a bell, it might be for its recent foray into the electoral fraud headlines.

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1885: Louis Riel, Metis leader

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On this date in 1885, Louis Riel, “the puzzling Messianic figure of Canadian history,” was hanged in Regina for treason.

We have already met in these pages the magnetic, controversial figure of Louis Riel when his Red River Rebellion caused the 1870 execution of Thomas Scott, one of the soldiers sent to suppress it.

Now, after a decade and a half in the political and sometimes literal wilderness, the champion of the Métis had been recalled from the United States to press the rights of his mixed-race French-indigenous people against the Anglo Canadians’ westward march.

It was North America’s familiar clash of civilizations between expanding industrial economies and the traditional ways of life they displaced. (Here’s a good background documentary video, with a Part 2 that gets into the weeds on battlefield events.) Because the Metis were “half-breeds” whose European stock was French, the story’s familiar cocktail of racism had a twist of Canada’s Anglo-French rivalry, too.

Riel declared an independent Provisional Government of Saskatchewan, and the North-West Rebellion was on.

The rebels had some initial successes. But hampered by an inability to make a firm alliance with the more politically realistic Cree, by the non-support of the Catholic Church in view of Riel’s increasingly out-there millenarianism, and by the extension of technological superiority another 15 years’ railroad-building had given the Ottawa government, Riel’s forces soon gave way.

The lightning-rod leader was arrested and repaired to the provincial capital for trial, where he spurned his lawyers’ desperation attempt to plead insanity and cogently vindicated his position.

“Life, without the dignity of an intelligent being, is not worth having.”
–Riel

For a man twice a rebel, the hanging sentence was no surprise. Later, juror Edwin Brooks would tell a newspaper “We [the jury] tried Louis Riel for treason but he was hanged for the murder of Thomas Scott.” (Source, via this pdf handbook all about the Metis.)

His hanging was met with outrage in Francophone Quebec, and Louis Riel remains a polarizing figure down to the present day — an emblem of multiple overlapping cultural conflicts never fully resolved. The upcoming year’s 125th anniversary of events profiled here promise a renewed examination of Louis Riel (or at least of his tourism potential).

Below are a few more-or-less obtainable recent books about Riel and the North-West Rebellion, culled from this pdf reading list. Also note the public-domain volume The history of the North-west rebellion of 1885.

Recent considerations of Louis Riel and the North-West Rebellion

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