1885: Pedro Prestan, isthmus rebel

On this date in 1885, the Colombian rebel Pedro Prestan hanged at a railroad at the town of Colon, on the isthmus of Panama that was then still a part of Colombia.

The Caragena-born Prestan was part of a liberal rebellion against the government of Rafael Nunez; in the end, Nunez is going to author Colombia’s 1886 constitution and write the words to its national anthem, so it would be fair to say that said rebellion was not crowned with victory.

Nevertheless, in his moment Prestan shook imperial capitals around the globe in the spring of 1885 when his attempt to receive a shipment of weapons at Colón during Ferdinand de Lesseps‘s initial attempt at canal construction was underway. This shipment was interdicted in port with the aid of an American warship, leading Prestan to seize four American hostages as a guarantee for his product. “At the first gun you hear fired from the vessel, shoot these men!” Prestan ordered.

The resulting crisis brought a landing by American marines (operating gingerly lest they provoke the execution of their countrymen), an incursion of Colombian troops, the wholesale burning of Colon, and a brush with war between the U.S. and Chile — the latter also dispatching its navy to the region as a precaution against the United States seizing Panama outright.

In the end, the hostages weren’t shot, Prestan didn’t get his guns, and the foreign interlopers all withdrew to settle the isthmus some other day.

The destruction of Colon was laid at Prestan’s feet once they caught him. A court-martial condemned him on the evening of August 17th; he was hanged the very next day before a large crowd, with a rail car (pulled from under his feet when the moment came to drop him) serving as his scaffold. Prestan protested his innocence of incendiarism to the last.

On this day..

1885: Robert Goodale, messily

(Thanks to Richard Clark of Capital Punishment U.K. for the guest post, a reprint of an article originally published on that site with some explanatory links added by Executed Today. CapitalPunishmentUK.org features a trove of research and feature articles on the death penalty in England and elsewhere. -ed.)

45-year-old Robert Goodale was a market gardener who had been married to a lady called Bethsheba for 22 years. He owned a piece of land at Walsoken Marsh, near Wisbech, where he grew fruit and vegetables. On the property was a house that was used only for storage and not lived in, together with a well. The Goodales lived in Wisbech with their two sons, aged 18 and 21. All of them would walk to Walsoken in the mornings and work on the land.

On the 15th of September 1885 Bethsheba did not arrive at the market garden and a search was made for her. Her body was discovered the following day in the well. Examination of the body revealed that she had been struck three times on the head, most probably with a bill-hook, and then thrown down the well, where she drowned.

Goodale was arrested by Sgt. Roughton on suspicion of murder and later charged with the crime. He came to trial at the Norfolk Assizes at Norwich before Mr. Justice Stephen on Friday the 13th of November 1885.

Evidence was presented of the Goodales’ unhappy marriage and of threats of violence made against Bethsheba by her husband. A witness testified that he had heard a quarrel in the Goodales’ house on the afternoon of the murder. Dr. Stevenson the Home Office analyst said he had found traces of mammalian blood on the prisoner’s hat and jacket.

The defence led by Mr. Horace Browne contended that the case against Goodale was very weak. He conceded that husband and wife were not on good terms but insisted that Goodale’s conduct was not consistent with that of a murderer. He rebutted the blood stain evidence and suggested that it had come from the prisoner having a nose bleed. At this time it was not possible to determine the group to which the blood belonged and therefore it could not be certain that it was the victim’s blood, or even that it was human rather than animal blood.

The trial resumed on the Saturday and after the closing speeches and the summing up it took the jury just 20 minutes to reach their verdict of guilty of the wilful murder of his wife. Goodale was sentenced to death and removed to the Condemned Cell in Norwich Castle to await execution on Monday the 30th of November.

He was visited by his two sons and his sister on the Friday. Later that day he asked to see the governor of Norwich Castle, Mr. Dent. He and the Chief Warder went to Goodale’s cell where he told them that the crime had taken place due to extreme provocation. He claimed that his wife had told him that she liked other men. Mr. Dent took Goodale’s statement down in writing and sent it to the Home Secretary. The Rev. Mr. Wheeler and a former Sheriff of Norwich went to London and made representations for a reprieve at the Home Office. On Sunday the 29th of November the governor received a letter saying that the Home Secretary had not found cause to grant a reprieve.

James Berry had arrived at the prison and tested the drop on the Monday morning in the presence of the governor and under-sheriff. The gallows there had been constructed some three and a half years earlier for the execution of William Abigail on the 22nd of May 1882. The trap doors were set level with the floor over an 11′ 5″ deep brick lined pit in the middle of a small yard. This yard was approximately 48 feet long by 15 feet wide near the Castle wall, opposite Opie Street. The gallows consisted of a black painted wooden beam supported by two stout uprights set over the black painted trap doors.

Goodale stood 5′ 11″ tall and was a heavy man at 15 stone (210 lbs.) with a weak neck. Berry considered that a drop of 5′ 9″ should be given. He used a “government rope” that had been used for the hanging of John Williams at Hereford a week earlier.

At 7.55 a.m. on the Monday morning the bell of St. Peter’s church began to toll and the officials proceeded to the condemned cell. A procession then formed consisting of the governor, the Rev. Mr. Wheeler, the surgeon, Mr. Robinson and the under-sheriff, Mr. Hales. Mr. Charles Mackie of the Norfolk Chronicle represented the press. They went down a passage that connected the cell to the gallows yard where Berry met them and pinioned Goodale, after which they continued into the prison yard.

Here Berry strapped Goodale’s legs and applied the white hood and the noose. Goodale several times exclaimed “Oh God, receive my soul.” As the church clock struck for the eighth time Berry released the trap doors and Goodale disappeared into the pit, but the rope sprung back up to the horror of the witnesses.

As they looked down into the pit they could see the body and the head lying separately at the bottom.

The law required that an inquest be held after an execution and this was presided over by Mr. E. S. Bignold, the Coroner. Mr. Dent gave evidence that the machinery of the gallows was in good working order and that Goodale was decapitated by the force of the drop. Mr. Dent did not think that a drop of 5′ 9″ was excessive and in fact thought it was insufficient for a man of ordinary build. He also stated that James Berry was perfectly sober.

Berry himself testified and at the end of this the Coroner absolved him of any blame for what had happened. The jury returned a verdict that Goodale “came to his death by hanging, according to the judgement of the law.” They further said “that they did not consider that anyone was to blame for what had occurred.”

This is the only occasion of a complete decapitation occurring at a hanging in England, Scotland and Wales, although Berry had several partial ones.

Assuming that Goodale actually weighed 15 stones (in some reports it is given as 16 stones) and that Berry had correctly set the drop at 5′ 9½” or 5′ 10″ then the energy developed would have been around 1218 foot lbs. This is around 100 foot lbs. more than would have been given after 1939 for a man of normal build with a normal neck. The “Goodale Mess” as it came to be known, led to a lot of unfavourable comment in the press.

Just one day after the most damning newspaper editorials had appeared, the head of the Prison Commission, Sir Edward Du Cane, wrote to the Home Secretary on the 2nd of December. In his letter he suggested the setting up of a Committee on Capital Punishment (which became the Aberdare Committee).

Footnote:

The Norwich Chronicle published an interview with Goodale’s spiritual advisor, the Rev. Mr. Wheeler, a Baptist minister. He felt that maybe Goodale might not have been convicted of murder if he had said earlier what he said in his confession on the Friday evening. When Bethsheba fell into the well, he fetched a ladder to go down and look for her but that he could not get down the well since the opening was just 18 inches wide and he could not physically fit through it.

Had he spoken up earlier, Mr. Wheeler said, the police would have found the ladder still in the well and the dirt of the well on Goodale’s clothes. It might have led to a verdict of manslaughter.

When Goodale finally came forward with this tale, it was too late.

On this day..

1885: August Reinsdorf and Emil Kuchler, Kaiser Wilhelm I bombers

On this date in 1885, anarchists August Reinsdorf and Emil Küchler were guillotined for a failed attempt on the life of Kaiser Wilhelm I.

The King of Prussia turned Emperor of the newborn (in 1871) Deutsches Reich, Wilhelm was honored by assassins equal in enthusiasm to his distinctive whiskers.* The versions distinguished by this post had the cheek to contemplate exploding the Kartätschenprinz** just as he ceremonially inaugurated an important national monument.


The Niederwalddenkmal still stands to this day. (cc) image from Philipp35466

The day was wet, and the dynamite fizzled. Everybody departed none the wiser but police spies later caught wind of the attempt, apparently when the would-be bombers Emil Küchler and Franz Reinhold Rupsch asked reimbursement from leftist typesetter August Reinsdorf, the plot’s mastermind.

Eight were eventually rounded up, secretly at first but later publicized to the prejudice of leftist parties.

Reinsdorf, Küchler and Rupsch all received death sentences; Rupsch’s was commuted in consideration of his youth.

The workers build palaces and live in miserable huts; they produce everything and maintain the whole machinery of state, and yet nothing is done for them; they produce all industrial products, and yet they have little and bad to eat; they are always a despised, raw and superstitious mass of servile minds. Everything the state does tends toward perpetuating these conditions forever. The upper ten thousand rest on the shoulders of the great mass. Is this really going to last? Is not a change our duty? Shall we keep our hands in our laps forever?

-Reinsdorf at trial

* We have in these pages already met one such predecessor who went under the fallbeil in 1878; the zeal of such men had given the Reich pretext to ban the Social Democrats.

** “Prince of Grapeshot”, a bygone nickname that paid derisive tribute to Wilhelm’s mailed fist in the Revolutions of 1848.

On this day..

1885: Mose Caton, beastly husband

On this date in 1885, a vast concourse crowded into Morganfield, Ky. for the satisfaction of seeing the hated Mose Caton hang.

Caton was a Union County, Ky., farmer and cooper who married a widow to secure some land. And he seems like a catch! “Mose Caton seemed to be of the opinion that he had absolute power over the lives of his family,” this contemporaneous chronicler recorded. “The ethics of most people at the present day would prompt them to interfere if his treatment of his family should be practiced toward ordinary domestic animals.”

The poor widow Hester took to her new hubby’s thrashings like the Stanford prison experiment inmates and soon became a beaten, broken soul. Out in the boondocks, Caton had a free hand.

Disheveled and too frightened to speak, she ate in the corner, sat on a box separate from the rest of the family, slept on a filthy feather bed and absorbed any humiliation Mose cared to inflict on her … up to and including actually having Mose move his mistress right into the house, and having the mistress physically whip the wife. When Mose built a new house he gave the abused Hester the loft, into which household fire-boxes (rather than fireplaces) emptied their smoke. The woman lived in hell itself.

But she didn’t live there very long.

She died on Sunday, February 22.

As neighbors helped the next day to dress the body for burial, they saw written in the bruised flesh the terrible treatment Hester had endured … including a dreadful abrasion about the neck that looked for all the world like the mark of a cord about her neck.

Though the corpse was buried, reports of its condition soon led to its disinterment — bruised, oozing blood, visibly murdered.

“Mose Caton’s face was the most notable feature of the man. It might well be styled Mongolian in its principal characteristics. The rather scant chin whisker and mustache was the first requisite to this effect. Then the prominent cheek-bones; eyebrows, highest at the outside ends; and a deep sinister wrinkle, starting at the sides of the nostrils, and dropping down past the mustache, heightened the effect. His eyes, more yellow than grey, were not capable of shame, and yet they were not firm and steadfast. He could keep his eyes upon your face, but he could not look steadily into your eyes. His eyes would wander to your forehead, chin, cheeks, back to your eyes, and then away again all over your face.

“His forehead was high, but rather narrow, and retreated from the eyebrows back. The hair was black and slightly tinged with grey. He parted his hair on both sides, and a lock fell down the center of his forehead, not unlike the one commonly seen in the pictures of old Father Time. The ends of the rather long hair was tucked under like Secretary Lamar wears his hair. His clothing was of ordinary woolen goods. He wore a white shirt, and a celluloid turn down collar that was too small for him. He supplemented its length with a red ribbon, which ran through the front button-hole of his shirt collar and tied the ends of his celluloid collar together with the loose ends of the ribbon.” (Source)

“Have him at all hazards,” someone said, voicing the shocked sentiment of all present.

A posse of 25 somewhat fearful men — for Caton had a forbiddingly malevolent public reputation quite apart from the treatment of his spouse — was formed to arrest the tyrannical husband, along with the mistress and the boys. The Catons battened down the hatches and started firing. Their daughter Annie absorbed a breast- and bowel-ful of buckshot in the crossfire, a mortal injury. Only when the posse threatened to burn the house down did the besieged clan give up.

Even then, their trip to the lockup “was interrupted many times by bands of men on foot, emerging from the cypress forests in the icy wilderness, and demanding that the prisoners should be hung then and there.”

Authorities managed to keep the lynching sentiment at bay, but only just. Outraged locals were understood to stand ready to take matters into their own hands at any hint of excess delicacy or dawdling on the part of the judiciary. There were even rumors that an artillery piece had been procured to make certain matters should the need arise to assault the jail, and that the courthouse audience itself had several ropes in hand should it be called upon to issue its summary verdict.

When the jury announced that this would not be necessary, the onlookers bayed in bloodthirsty satisfaction at the sentence. Caton had scarcely a month yet to live, and this was not enough time to dissipate the hatred he had earned of his neighbors: there was an intent to hang Caton privately, but thousands of people pouring into Morganfield, Ky., made it clearly understood that they would riot and pull down the barrier if they were balked of their sight.

On this day..

1885: George Miller, Inkster axster

This date in 1885 saw the hanging in Grand Forks, North Dakota* of 19-year-old farmhand George Miller for butchering his employer’s wife and child in order to loot the farmhouse while the patriarch was away.

For this terrible American Gothic crime, we turn to the American Press.

Miller was the first person hanged in North Dakota and the local Grand Forks Herald marked the date with a voluptuous recounting (occupying an entire page, plus two more columns on the next page) of the late scandal all the way to the felon’s scaffold accusation. Here it is, in its entirety …


In the middle of last January when all the earth was wrapped in a mantle of purity, an esteemed minister of the gospel, the father of a bright family of children and a devoted husband with a loving wife, resided on his prosperous farm in the township of Inkster, this county, surrounded with the 320 broad and fertile acres, horses and cattle and improved farming implements he called his own. His earthly possessions he had acquired by industry, thrift and economy, with the wifely assistance and the aid of the little boys and girl that had blessed their union. This gentleman was Rev. C. Y. Snell at one time minister of the Baptist church in Grand Forks, but who had, like nearly all settlers in Dakota taken advantage of his rights and acquired a farm, which had brought a handsome return. His summer’s work done, his grain garnered, he had sent three of his children to Grand Forks to acquire a good education in her public schools, and remaining at the farm, was his wife Abbie and little son Herbie, aged eleven, and the hired man George Miller, a young man of quiet demeanor, aged about 19 years, who had helped to garner the summer’s fruits and whom both Mr. and Mrs. Snell had implicitly trusted.

Thus situated on the 16th of January, Rev. Snell bade his wife and son good-be, little dreaming that the

SHADOW OF THE DEMON

was in his door and before another fortnight his loved ones would be prone, stark and mangled in the icy embrace of blood and horrid death. He went on his errand of good will to Mayville where he was engaged in missionary labor for his Lord and Master. On the 31st of January, two weeks after his absence, he received a telegram informing him of the doleful event — the murder of his wife and boy, and he hastened with bowed form and bleeding heart to the spot where the light of his joy had been ruthlessly extinguished.

OH RUEFUL SCENE!

The demon had done his worst! Have not the details of that heartless butchery been told again and again? Why not draw the veil upon the foul deed? The ghastly corpses of the innocent and unsuspecting sleepers — mother and son, hurled into eternity in a moment while taking the repose of the righteous — as found there by the neighbors a week after the tragedy — divulged the heartlessness of the assassin whoever he might be, and the thorough depravity of the soul that could impel the ruthless ax to deeds of death.

THE VILLAINOUS SHREWDNESS

with which the murderer had avoided suspicion was manifest in the fact that so long a time had elapsed before the discovery of the crime, and will be further apparent as the story progresses. He had been a companion of Henry Rutherford and to avoid immediate discovery, Miller the confessed criminal, had told the nearest neighbors that he intended to give Mrs. Snell a drive on Sunday and that he would haul wood the following week. Thus no suspicion was aroused until late in the week. Friday, Rutherford a simple, untutored laborer who lived alone at Bennett’s place about 60 rods from the Snell residence, thought it strange that there was no stir or animation about the place, and after finding the stock nearly famished, and watering it, alarmed the neighbors and the dreadful truth was discovered. The neighbors H.P. Reiton, Simeon, Miller, C.G. Gordon, Mr. Vietch, Henry Blakely and others found the dead bodies undisturbed and the rifled trunk with its empty money box and the robbed children’s bank just as the murderer had left them. Thus it was plain

THE MOTIVE WAS MONEY —

the sordid lust for gold that causes men to imperil their souls and makes of earth a probationary sheol for evil minds. Mr. Snell had sold considerable grain and when he left he took $300 with him, leaving some money, together with some keep-sakes and the children’s savings in the cash-box in the trunk. After he had gone, Miller sold more wheat and received from agent Holden $205, which he may have turned over to Mrs. Snell or not. But that the robbery of Mr. Snell in some way, was in his mind for a week before the crime was committed is shown by the testimony of Mr. Holden to the fact that Miller asked him a week before, whether he could deliver a load of wheat unknown to Mr. Snell and it further shows that the idea of robbery did not originated with Rutherford at a dance on the 20th of January, only four days before the murder as Miller claimed in his statement before the judge. It shows that the robbery was in contemplation by him without an accomplice and, being ignorant of the fact that Mr. Snell had taken $300 with him to Mayville, he doubtless committed the crime for more money that he received —

FLEEING FROM JUSTICE

After committing the crime, he hastily placed the ax beneath the bed, threw up the bedclothes over the faces of the dead, robbed the trunk of its keep-sakes, harnessed the best pair of horses in the stable, took Snell’s driving gloves and drove forty miles over the cold bleak prairie with the thermometer at 30 degrees below zero, arrived in Grand Forks at break of day Sunday morning in front of the Northwestern Hotel and ordered the team put away and his breakfast prepared. In the sled-box was an overcoat of the boy he had murdered which had probably been left there when the unsuspecting youth last accompanied him in the delivery of the wheat the proceeds of which he contemplated stealing. There was also left there the overalls which Miller had worn and upon which bright specks of blood had been discovered and whose dumb voices cry out testimony against the last black lie of the series which the obdurate murderer coined in the cell against poor simple Rutherford. With the team was Snell’s faithful dog, which followed the fleeing assassin. Upon his arrival here, he commenced a series of ingenious but

BASE COINAGES TO EVADE PURSUIT.

He told Powery, the clerk at the Northwestern Hotel, that he had come to meet his brother at the train and he might go to Winnipeg for a week. He also exhibited some gold pieces which he wanted changed, but the clerk had no change. The design of this story was too evidently to direct pursuit towards Winnipeg, if the team were soon identified as Snell’s. He soon walked off seemingly unconscious of any obligation to pay for his breakfast and next called at the Chicago clothing house, rousing Mr. Ephraim out of his late Sabbath repose. He told Mr. Ephraim a different tale. He was thrown of[f] his guard by the sharp questioning of Ephraim, while selling him the buffalo overcoat, black valise, pocket book, and other out-fit that later led to the capture and identification. He explained the possesion of his roll of bills, amounting to several hundred dollars by saying that he had sold a team of horses receiving $275 for it and intended to go to Turtle Mountain, thus evading the true objective point. He also got rid here of the tell-tale keep-sakes, the gold dollars which Mr. Snell had treasured for years, and the nickles, dimes and quarters which the little Snells had perhaps been years in gathering. Being shown the way to the barbershop of Mr. Kruger by Mr. Ephraim, after he had bought his disguise, he further changed his apperance by getting his hair cut close and his face shaved. Here he left the only clue to the direction in which he was intending to go, by inquiring whether a train left for Crookston, and up to the discovery of this fact by a HERALD representative, the officers seemed to be impressed with the fact that he had really gone to Winnipeg to which point as well as others they telegraphed as soon as it was learned that the team was left in this city. It must be remembered that it was not until the following Saturday that the tragedy was made known and in that time the murderer might have left the country, if he had not been paralyzed by his own wickedness and depravity. Learning at the barbershop that no train left for Crookston on Sunday, he walked to the station on the railroad track and bought a ticket for Fargo, displaying the new red pocket book to the agent. After spending a few days at Fargo among variety women, and having had his picture taken by a photographer, he went to Brainerd, Minn., where he stopped at the house of Malcolm McLaren for a few days more.


I’d be very surprised if our suspect was from Brainerd.

While at Brainerd, he associated with women of loose character and spent considerable money lavishing presents upon them. It seems that he met a female there whom he had formerly known in Iowa. At first he talked to Mr. McLaren about going into business. He wanted to do chores, when he learned that his money was nearly all gone. The St. Paul papers on Sunday morning following the discovery contain accounts of the murder with description of the hired man of Snells, but imperfect, as his disguise was not known, but when the statement of the Northwestern clerk about the gold pieces was published, Mr. Ephraim at once reported the Sunday morning transaction and it was thus that

HIS SIN FOUND HIM OUT.

His new outfit together with the way he had disguised himself were immediately telegraphed to the associated press by the HERALD and with it a statement of the reward offered. When the papers arrived at Brainerd, Miller had quietly decamped, realizing that he was too near the scene of the tragedy. But McLaren, an old detective immediately concluded that the fellow who had staid [sic] at his house was the person sought, and securing a deputization from the sheriff, he drew money for an indefinite trip, learned that Miller had boarded the train with a ticket for Anoka, and followed him up. On the same train went Hartley and another, bent on the same errand and watching McLaren. At Anoka, McLaren happened to strike the bus for the very hotel at which Miller was stopping and he now felt certain of

ARRESTING HIS MAN.

Miller was in his room and armed. McLaren knew the character of the brute better than the inexperienced who put any faith in his pretences during his last days. He concluded to wait till Miller came down, and while McLaren was at breakfast, he heard the murderer’s foot-falls on the stairs and entering the washroom. McLaren immediately left the table and coming up behind Miller with his pistol cocked arrested him, but as he did so, Miller laid his hand on the revolver in his hip-pocket, but the gun of the sheriff had the desired effect and he was disarmed. His attempt to get away from McLaren on various pertexts [sic] and his denial of all knowledge at the start are remembered. It was not until they were in the cars and coming back to Brainerd, that he

CONFESSED HE DID IT ALONE.

The way he happened to weaken was this, McLaren said to him, “Now you may as well tell all about it. I can tell you of a place in the forests where you will never be found, if you get away at the next station.” Miller then told his first story about how he was crazed with drink after being chid by Mrs. Snell, and killed her and the boy, and after getting over his stupor, and seeing what he had done, he stole the money and tried to get away. He reiterated this oft-told tale to Sheriff Jenks and others at Brainerd and again to reporters of Fargo papers, who managed to get up a considerable maudlin sentimentality for him. For prudential reasons, there having been a great deal of feeling that he should be given short shrift and a stout rope, he was kept at Fargo for several days, and finally brought here very quietly and lodged in jail. When it was known that he was in jail and likely to be tried speedily and executed according to law, popular excitement over the enormity of the crime subsided. The Rev. J.T. Davis and Rev. Snell, at an early day obtained an interview with Miller, and he reiterated the intoxication story as before in their presence, calling upon God to strike him dead if his story was not true. He also as positively stated to the gentelemen that he alone did the crime and no one was concerned with him in it.

It was not until after the Grand Jury had found a bill that this mild, child-like and bland assassin,

CHANGED BASE.

He then asserted that Henry Rutherford was with him, concocted the idea of robbery and urged it against his wishes, until he was finally persuaded to connive and assist, although Rutherford he said, actually did the horrible deed, while he did the running away to South America. In the face of his former statements this story only seemed to aggravate his villainy. However, able counsel, Judge C.B. Pratt, was assigned him and every thing that legal subtlety and experience could avail, was rallied to save his neck from the law’s penalty. The people, however, were fortunate in having so learned and able a coadjutor as District Attorney W.A. Selby and so just and firm a judge as Hon. W.B. McConnell; for, notwithstanding the able, artful and persistent defense made by Judge Pratt, justice was vindicated. Upon the defendant’s own plea of “guilty,” ascertained, verified and corroborated by all the witnesses, who fully and completely exonerated Rutherford from the suspicions cast upon him, and satisfied the conscience of the court, sentence of death was passed upon him and his appeal to the higher court sent back with an approval of the action of the District Court. His statement to the Judge, when informed of this action, suggesting some new matters not before mentioned, is still fresh in the recollection of everybody.

The last few days of his life seemed to have passed by him in a happy, careless, indifferent and easy frame of mind. He talked freely about his own execution, expressed no great sorrow or penitence for, at least the part he played in the atrocious crime, but pretended that he was glad the end was so near. His spiritual advisor, Rev. F. Doran conversed and prayed with him and did all in his power to turn his thoughts towards that awful Judge who hath decreed that “whoso sheddeth man’s blood, by man shall his blood be shed.”

HIS LAST NIGHT

on earth was uneventful. About eight o’clock he was left alone for a time in his cell and was seen from Bruce avenue to perform various antics, rising suddenly from his chair and jesticulating wildly with his arms as if again swinging the baleful ax which brained his helpless victims. He was restless and this has been observed that when left to himself and his thoughts, he was not the calm, self-possessed person he appeared to be when in the presence of visitors. During the evening, Rev. Snell had an interview with him for about an hour and a half. The prisoner claimed to others that he had succeeded in persuading Mr. Snell of the correctness of his last story. He was set up with by Deputy Sheriff Ackerman and others until after midnight. At one o’clock he retired and at 7:30 this morning he arose apparently refreshed. He ate a hearty breakfast consisting of beefsteak, potato, cake, etc. His cell has a window pane out and the wind being in the south, Miller was cold and was brought down into the office where he smoked a cigar, one of a number left him some days ago by some women who called upon him and were recognized by the prisoner as old acquaintances. The district attorney was present and inquired further about portions of Miller’s statement made to Rev. Doran. Presently Sheriff Pierce of Nelson county and friends came in, also County Commissioner Steele, Henry Rutherford and Mr. Vietch. Rutherford was told that Miller still insisted upon his story and was asked what he thought of it. He said, “then Miller lies. That is all.” Soon after an interview was had between

MILLER AND RUTHERFORD

in the presence of District Attorney. Miller said to Rutherford: “You know you had a hand in this thing as I have said.” Rutherford, without any trepidation replied: “It is a lie and you know it. I don’t like to be lied about.” Subsequently the statement in the nature of a history of his career and the crime was read in the presence of Rutherford who said nothing. When asked about it, he said it was “no such thing. It was all a dang’d lie!” When asked about the part in which Miller alludes to the false mustache, Rutherford said he had such a mustache but did not think Miller had ever seen it. He said he kept it in his trunk and described it to the district attorney corresponding with the description given by Miller. This circumstance and one in respect to changing wagon boxes, also a statement now made that the Snell stock was not famished, although the witnesses testified that it was, were industriously emplyoed [sic] last night and this morning to weaken the district attorney and cause him to apply for the respite of Miller. Mr. Snell himself after his interview with Miller last night seemed to have been influenced by his story and urged and begged the district attorney to intercede for Miller. Mr. Selby said he could do nothing unless Mr. Snell or some one on his behalf, would swear that Rutherford was an accomplice, when he would take such action as was proper in the cause of justice. Up to noon, Snell had done nothing of the kind. There was also pressure brought to bear from various sources to effect the same purpose, but none were willing to assume any responsibility.

THE LAST HOUR

was spent in the parlor of Sheriff Jenks with Revs. Currie and Doran who administered all the Christian consolation the solemnity of the occasion could afford. They talked to him, prayed for him and he himself made a fervid prayer. His nerve maintained his head erect to the end, which did not seem to fear.

ASCEND THE SCAFFOLD.

At 1:30 accompanied by Sheriff Jenks, he ascended the scaffold. The Sheriff suggested that if he had anything to say he should speak. Miller stood with the rope almost danging in his face, his hands clasped, and his body slightly bent. About two feet in front of him stood Henry Rutherford who, during Miller’s 15 minute talk, kept his gaze firmly fixed on Miller’s face. Rutherford looked like a person suffering great mental strain and slightly changed color at times while Miller was speaking, but his eyes never flinched. Rev. Mr. Snell occupied a position to the left of Rutherford, almost touching him and when Miller alluded to Rutherford’s alleged connection with the murder, Mr. Snell gazed almost fiercely into Rutherford’s face, Rutherford meanwhile keeping his eyes fixed on the doomed man. C.B. Pratt, Miller’s counsel, during the recital of the murderer’s statement, watched Rutherford closely.

Miller spoke with apparent effort and several times during the recital of his story had occasion to put his handkerchief to his eyes.

HIS LAST WORDS.

Gentlemen: — I am accused of the crime of murder which I did not commit. I have not committed murder. I was in company with the party and gave my consent, but gentlemen, I never committed the murder myself.

On the 30th day of January I was in Inkster with Mr. Rutherford. He and I sold 100 bushels of Mr. Snell’s wheat and we divided the money. That night we got home between eight and nine o’clock and Rutherford asked me how much wheat Mr. Snell had and I told him over 200 bushels besides a few loads which I had drawn. He wanted to know how much money was in the house and I told him as near as I could. He wanted to know how we could get it and I told him we could chloroform the folks and get it and he said he would do it. The 22nd, 23rd and 24th we were hauling grain to town and we talked again about getting the money. That night I went down to his house to supper and Mr. Blakely came in and that stopped our talk there. I went to Mr. Snells and that night I had a long conversation with Mrs. Snell and when it got about bed time I went to my room with my lantern and sat down on the bed and pulled off my rubbers when I heard a knock at the back door and went and opened it and Rutherford sad, George are you ready to do that? I said no, I hae had a long talk with Mrs. Snell and she is so good and kind to me that I cannot do it. He says you said you would do it and now you got to do it. He said dead folks tell no tales. He said he would do it and handed me a mustache to put on so folks would not know him and took the axe and went in and I went to the barn and harnessed one horse and was just putting one collar on the other when he came out and said, hurry up George I have done it. I tied the horse and I went in and found them dead. He says hurry up let us get away before anyone happens to catch us moving around so he hurried and got the team hitched up and I went to the house and got the money and gave him an even $100 and took $115 mysel and got what clothes I wanted. I wanted to change my clothes and put on a white shirt, but he said hurry up for I could get what clothes I wanted at Grand Forks. He brought the team up and tied them and I got what things I wanted and he helped me fasten up the storm door. He wanted me to go direct to South America and go right through. Said for me to write him when I got there and he would write me the circumstances here. At this ponit Miller was overcome with emotion and stopped a while.

Now gentlemen, every word hat I have told you is true and now as dear as that family was to me, I never could have consented to murder them as I was used there as their son. I was always treated well; they thought the world of me and I did of them but by the hands of another man’s deed I am to be hung and I am going to my grave and I am thankful that I can trust in God and feel that my sins have been pardoned.

And now I feel that the other party shall receive the same punishment that I have. It is not because I am down on him and it is not for malice but it is just what should be done. As dear and as good as that family was to me I could not go in and murder them. But thank heaven I am willing to die. This world would be no pleasure to me after this and I do not want to go to penitentiary. I am better satisfied to go to my grave. I am fully satisfied and feel that what has been done is just, as that family always used me like a son, always good, always dear in every shape, never refused me money, never refused me anything.

Now, gentlemen, I want you all to remember that this is the truth and nothing else. I won’t meet you any more in this world face to face but I hope we can all meet in the world to come.

When Miller had finished Henry Rutherford turned to District Attorney Selby and asked that he might make a statement of denial.

ADJUSTING THE ROPE.

Sheriff Jenks, who occupied a position on the scaffold just behind Miller, then approached and commenced binding the wretche’s [sic] hands and limbs with straps, and while placing the cap, which was of brown worsted, Miler again commenced to speak, and even while the sheriff was placing the noose around his neck Miller asked his executioner to say “good bye” for him to his friends.

THE DROP.

Barely a second’s time had elapsed from the moment the noose was adjusted before the trap was sprung, so adroitly and neatly did Sheriff Jenks do his work. Miller’s body shot down at 1:45 o’clock with a sickening thud, his neck being broken by the fall. A few moments after the drop the body quivered and the legs were slightly drawn up several times. Life was pronounced extinct 15 minutes after the fall by Coroner Roundwell and at 2:10 the body was cut down and carried into an adjoining cell, where the straps were removed. Shortly afterwards undertaker Caswell took charge of his remains which were interred this afternoon in the cemetery among the unknown sleepers. Thus ends this chapter of the bloodiest and most heartless murder in the annals of Dakota and the murder’s just doom, should be a warning to all evil-doers that there is no mercy for the slayers of the innocent.

MILLER’S STATEMENT.

Following is a statement prepared by Miller and given to Rev. Doran several days since. He swore to it this forenoon before Judge Cochrane, in presence of several gentlemen.

TERRITORY OF DAK.
GRAND FORKS, Oct. 30, 1885.

The last statement and confession of Geo Miller, before his execution in Grand Forks, Oct. 30, 1886.

TERRITORY OF DAK.,
COUNTY OF GRAND FORKS.

I, George Miller, was born in Toledo, Ohio February 17, 1866. My father and mother are both dead; about 12 years ago my mother died and my father 2 years later; have one brother, four years older than myself named Frank, two sisters both younger than I, two and four years; father was Bohemian; mother French; came from Iowa to Casselton last June, 1884, remained there 2 days; from Casselton to Larimore, arriving about the 13th of July, 1884, left there on the 11th, arriving at Mr. Snell’s that evening; at the expiration of four months hired to him for $30.00 a month; never refused to pay me; liked the family; first got acquainted with Henry Rutherford in Mr. Snell’s harvest field. He and I thrashed wheat together in August, 1884; often I met him at Mr. Bennet’s place in the evenings and was with him all through thrashing. Had hauled wheat once or twice before the dance by Brothrs [sic?] Bogs and also by Rutherford; went from Rutherford’s house; I furnished the cutter and he the horse; went together; he and I began to drink together; on the 1st of January took four or five drinks together that day in three different saloons and each took a pint of liquor home with us. The next day Rutherford went to Inkster; came back to “Vietches” where Mrs. Vietch was doctoring him, when Mrs. Snell and Essa Vickery saw him and told me that he was drunk; drank almost every time we went to Inkster; on the 20th of January, 1885, we sold five sacks of Mr. Snell’s wheat; I had 35 sacks of Mr. Snell’s wheat; Rutherford had 20 sacks of his own, we called it 10 bushels; spent most of it for liquor and cigars; changed sacks between the livery stable and saloon; he gave me half the money.

The dance was on Tuesday, the 20th of January; got to the dance about 8 or 9 o’clock, left about 3:30 a.m.; Rutherford asked me how much wheat I had hauled off; told him over 2000 bushels; he asked how much money there was about the house; I told him 6, 7, 8 or 9 hundred dollars; he said can’t we get it; I did not think we could, the trunk was too near the bed; he said we could kill the folks and get it; I did not want to do that, I said wait until we go to town and get some chloroform; Rutherford did not want to do this for fear we would be caught; nothing more was said about it for two days; coming from town I rode with him; he asked me what I thought about what we had talked about; told him it was not right to kill them for a little money;


And for what? A little bit of money.

he said we must work some plan to get it; I told him nothing must be done at this time. Nothing more was said until the Saturday it was done; we went to town together and on returning, when about to separate to go to our homes he asked me to come over that afternoon and help him sack up wheat, I told him I would; he said we would talk over this other thing, referring to the money of Snell’s.

In the afternoon I went over and we worked at the wheat and made all the arrangements to kill the folks; I was to leave with the team either for Larimore or Grand Forks and then take the first train for South America, we were both to go in and do the killing, I stayed at Rutherfords for supper, Harry Blakely came to call on Rutherford, we stayed and talked until eight or nine o’clock, then I started hom and Rutherford and Blakely started to go to Abner Veitches. I went to Mr. Snell’s and did the chores, Mrs. Snell was pleasant and talked pleasant, the last thing I did was to bed the horses and nail up the granary, that was about ten o’clock at night, I then went to the house and whittled my shavings and left them by the stove, pulled my rubbers off my felts and went into my room and set down on the front side of my bed, and was just going to pull of[f] my felts when Rutherford knocked at the kitchen door, I went to let him in, he says are you ready to do that, I told him no I was not, he said it had to be done, you gave your consent at the granary, “dead folks tell no tales.” I said if you want to do it you can, I won’t, he says all right, get me the ax, I went out and got it and when I gave it to him he pulled a false mustache out of his pocket and told me to put it on him, it was black and fastened in the nose with two wires, he had on woolen mittens. I think I got my coat, cap and mittens from the dining room and went to the barn while he did it and had one horse harnessed when he came out and said hurry up I have killed both of them, let us [get out of] the place before anyone sees us moving around, he led out one horse and took the other and hitched on to the sleigh, drove to the front door to hitch both horses, we both went in the house, I went into the bed room and got the money and took it into the dining room and divided it. He had $100, two $20, one $10 and one $50 bill, I had one hundred and fifteen dollars, he put his in his pocket and I put mine in my coat pocket, then I went into the bed room and changed coat and vest, then I got my overcoat and scarf and a large pair of mittens, fine boots and overshoes and handed them to him to carry to the sleigh for me. I took two or three blankets off my bed and took them with me. I got the key and locked up the door, he held up the storm door while I put the blocks against it, we got into the sled and rode up to his corner, he told me to go to South America, I told him I would, when he got to the corner we stopped and bid each other good-bye by shaking hands, he said as soon as I got there I was to write to him and he would let me know how things were, I told him I would.

GEO. MILLER.

Signed in the presence of

JAMES A. JENKS.
GEO. B. WINSHIP

TERRITORY OF DAK.,
COUNTY OF GRAND FORKS.

I, George Miller being first duly sworn on his oath says that I have heard read the foregoing statement by me subscribed and know the contents thereof and the whole thereof and that the statements therein made are true of my own knowledge.

GEO. MILLER.

Subscribed and sworn to before me this 30th day of October, 1885.

J. M. Cochrane,
Judge of Probate.

* At the time, not North Dakota but the Dakota Territory; North and South Dakota would attain statehood four years later.

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

(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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1885: George Gibson and Wayne Powers

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

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

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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