1918: Louis Harris and Ernest Jackson, the last British soldiers shot at dawn

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

On November 7, 1918, mere days before the end of World War I, British privates Louis Harris and Ernest Jackson were shot for desertion and cowardice. Jackson, of the 24th Battalion Royal Fusiliers, and Harris, of the 10th Battalion West Yorkshire Regiment, were the last British soldiers shot for military offenses in the First World War.

Jackson had been conscripted into the military in July 1916 and sent to France in November. He first ran into trouble in April 1917, when he went AWOL for 28 hours and was sentenced to two years in prison. In most cases the sentence would have been suspended, but for some reason that didn’t happen with Jackson and he spent sixteen months behind bars before he was released and returned to his battalion in August 1918.

A little over a month later, on September 29, he disappeared from his battalion transport lines near Flesquières, where he’d been sick and waiting to be sent to the field ambulance.

Arrested on October 3, Jackson got sent back to the to the 24th Battalion, which was then at Noyelles, 3,000 yards from the front lines. By mid-afternoon he had dropped out of sight again, but was arrested by the military police the next day at Douellens. On October 8, Jackson’s NCO found his arms and equipment in a shelter not far from where he’d gone missing.

Jackson faced a Field General Court Martial (FGCM) on three charges:

  1. Going AWOL on September 29
  2. Deserting on October 4
  3. “Shamefully casting away his arms, ammunition and equipment in the presence of the enemy” on October 4

When asked to explain himself before the tribunal, Jackson said, “I left because I could not stand the treatment I was receiving. I wanted to get away from everything … I have been looked down on by everyone and that is the cause of my being here today.” He added that both his parents had died in insane asylums and he himself suffered from “mental problems caused by worries.”

The FGCM would have none of it and sentenced Jackson to death. He was shot at St. Python in northern France at 6:10 a.m. He was 32 years old.

Nineteen minutes later and 25 kilometers away, at Locquignol, Private Louis Harris faced the firing squad.

Harris had volunteered for the Army in 1915, but was discharged as unfit. He got conscripted in 1916, however, and was sent to France in July, where he served as part of a Lewis gun team. On September 2, in the middle of an attack at Rocquigny, while there was “no firing and practically no opposition,” Harris ditched his kit and his comrades and vanished. He was arrested the next day and faced an FGCM for desertion and cowardice.

The book Blindfold and Alone: British Military Executions in the Great War notes,

Harris — surprisingly … was not defended at his trial and made no attempt to cross-examine any of the witnesses, nor did he make a statement in his own defence. It would appear that the 23-year-old soldier either did not understand the seriousness of his position, or was resigned to his fate.

He was found not guilty of cowardice, but guilty of desertion, and his bad record (which included repeated charges of insubordination) was held against him. His CO wrote, “Pte. Harris L. has not got a good record in this Battalion. His fighting value is NIL.” The Brigade Commander agreed, summing up his case thusly:

I recommend that the extreme penalty be carried out for the following reasons:

  1. Pte. Harris’s action was deliberate.
  2. He has previously attempted to desert unsuccessfully.
  3. He is worthless as a soldier.
  4. During an action he deliberately abandoned his comrades.
  5. His example is a disgraceful one.

Harris’s execution was, as previously stated, the last. Four days later on November 11, the war ended and all death sentences for military offenses were commuted to penal servitude. In 1929 the death penalty was abolished for desertion and other military crimes.

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1918: Roman Malinovsky, tinker, tailor, soldier, spy

In the early morning hours this date in 1918, Roman Malinovsky was shot in the Kremlin on the verdict of his trial the previous day.

In the years before the Russian Revolution Malinovsky (English Wikipedia entry | Russian) was a steelworker who was actually a Bolshevik revolutionary, who was actually an Okhrana agent codenamed “Tailor”.

After a stint in the army in the first years of the 20th century, the Polish Catholic Malinovsky went to work as a lathe operator in a St. Petersburg factory, in one of the militant pockets of Russia’s small urban proletariat.

Malinovsky proved a gifted labor organizer — enough that under the Stolypin crackdown, he was arrested in 1909 and expelled from St. Petersburg. Then he was arrested in 1910 in Moscow.

No later than this point, though possibly even before it, he was recruited by tsarist Russia’s secret police. Now Malinovsky’s considerable energies were turned to spying on the communists, and to deepening mistrust between Mensheviks and Bolsheviks. “The whole purpose of my direction [to Malinovsky] is summed up in this: to give no possibility of the Party’s uniting,” the police director Beletsky later explained.

Malinovsky was an adroit mole.

He got himself elected to the Bolsheviks’ Central Committee, and ingratiated himself with Lenin so thoroughly that when Malinovsky was openly accused of spying for the Okhrana in 1913, Lenin came to his defense.

Malinovsky’s proximity to Lenin enabled him to cc the police on the latter’s correspondence, but for posterity the mystery is on the other side of the relationship. Was Lenin in denial? Or did he already know that Malinovsky was a spy?

The double games being played around Malinovsky fade into a fog in the 1910s. The Okhrana mysteriously forced Malinovsky to resign from the state Duma — another powerful seat he had obtained — which was such a grievous loss for the Bolsheviks that it further multiplied the suspicions of his leftist comrades. Did the Okhrana take this seemingly counterproductive step because Malinovsky was compromised as a spy, or was this just a change of policy? When Malinovsky was taken prisoner by the Germans during World War I, his agitations among fellow-POWs earned Lenin’s admiration. Was this sincere conviction after all, or a maneuver?

Accounts of associates paint Lenin as horribly torn on the accusations against a man whom Lenin plainly admired, even rationalizing that Malinovsky’s organizational talents on behalf of the movement had still outweighed the injury he might have done it by spying.

Nor was this merely a personal consideration, since accusations against Malinovsky — an uncompromising Bolshevik in his party persona, further to the cause of preventing intra-party reconciliation — had emerged earliest from Mensheviks. Their eventual vindication on this matter was an obvious irritant to Lenin, and even late in the war years Lenin downplayed the spying charges.

Most mysteriously of all — at least in retrospect — Malinovsky voluntarily returned to post-Revolution Moscow knowing that his role as an informant had been definitively exposed in Russian newspapers following a sack of the Okhrana offices and its revealing files. It was to “wash away the sins of his life with blood,” he told his interrogators, agents of the new secret police — the Cheka. Or was it that he thought he had, via Lenin (who had even sent clothes to the disgraced Malinovsky’s POW camp) an angle on rehabilitation?

Maybe in the end Malinovsky was the victim of his own con. Ralph Carter Elwood’s biography suggests that Malinovsky took Lenin’s surprisingly congenial behavior to mean that he had been forgiven since the fact could no longer be denied … when it might really have meant that Lenin was in denial about the fact itself, almost to to the last. “The last” being, in this case, the courtroom* of Nov. 5 which Lenin himself attended. Malinovsky defended himself for hours, but admitted all; if he anticipated clemency, he did not receive any more of it than the few hours necessary to put his affairs in order.

More tantalizing still, though well into the realm of speculation, is the idea that Lenin did indeed understand what Malinovsky was up to, but wanted to keep the door closed on espionage and counter-espionage vis-a-vis the tsarist police for fear of disgracing old Bolshevik revolutionaries with compromised pasts who had now become men of state. Stalin himself might have been in this same boat, perhaps making this moment yet another missed opportunity to pre-empt the terrifying era yet to come.

“I couldn’t see through that scoundrel Malinovsky,” Lenin later told Gorky, a sentiment we might today echo in retrospect. “It was a very fishy affair, that Malinovsky business.”

* His prosecutor was former comrade Nikolai Krylenko. Krylenko ultimately died in 1938; you may well guess how.

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1916: Benjamin De Fehr, fragging driver

On this date in 1916, Canadian World War I enlistee Benjamin De Fehr was shot for murder.

De Fehr was one of 25 Canadians to go to the stake for military offenses during the Great War. Twenty-two of those were condemned as deserters; another for cowardice when he refused to advance.

De Fehr, by contrast, picked up his rifle inexplicably on August 19, 1916, and shot his Regimental Sergeant-Major James R. Scott in the back. He was tried three days later, and executed three days after that. His best defense was a disputed claim that he was drunk, probably not a winner under the circumstances even if true.

“Shot at dawn” soldiers have earned a good deal of latter-day sympathy, but suffering from shellshock and fragging your RSM are two different things. De Fehr wasn’t even a front-line soldier himself; he was a driver behind the lines. He was excluded from the 2006 posthumous pardon of 306 British Commonwealth soldiers executed during World War I.

He’s buried in Nord-Pas-de-Calais, France, just three plots away from his victim.

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1917: “John Nelson”, mystery man


(Salt Lake (Utah) Telegram, Dec. 31, 1916)

On this date in 1917, someone was electrocuted in Rockview, Pennsylvania.

“John Nelson”, the cipher alias by which authorities were eventually content to call him, was 5′ 8″ tall and 165 pounds, and looked like an African-American. (“Nelson” himself said that neither white men nor black were of his race.) Papers put this about quizzically because he was also utterly steadfast in refusing to identify himself or his background.

He eventually allowed that he came from Canton, Ohio (but who knows if that’s true). “He reads Shakespeare and seeks high grade newspapers and magazines,” ran news-of-the-weird wire copy all around the country. He boasts “long hair which bears the appearance of having been done up in kids to give a ‘Sis Hopkins’* effect” as well as “long gray whiskers, sideburns and a heavy mustache.” He looked maybe 60 years old.

Anyone?

Aw, heck.


The Scranton Times sent 5,000 of these postcards around the country hoping to scare up information about their mysterious murderer.

Tips poured in from all over — but nothing definitive. An upstate New York sheriff reported discharging a guy named John Nelson from jail a couple of years before. A woman in Butte, Montana recognized the picture and thought it might be her vanished father. The prisoner also resembled a missionary from Ohio and a bank president from Richmond, Va., also both missing; a Scranton woman thought he maybe used to be her gardener. (All but the last of these indefinite tips via Cheryl Kashuba’s two-part series on this case in the March 17 and March 24, 2013, issues of the Scranton Times-Tribune.)

Although nobody could figure out who he was, everyone was pretty sure what he’d done.

On the evening of Oct. 30, 1915, he’d trudged into Mill City, a Wyoming County township outside of Scranton, and made an unexplained sudden attack on three men lolling about a barbershop porch.

According to those three men’s story — and they’re all we have to work with since Nelson kept mum on this, too — a little white boy running down the darkened street bumped into the mystery pedestrian. At that, “Nelson” suddenly produced a knife and charged at the trio of nearby men, bellowing “White people in a tank town like this can’t run over me!”

J.M. Sickler, a prosperous local farmer, bravely intercepted the attacker before he reached Judge Robert Westlake, and suffered mortal stab wounds for his trouble. The attacker fled, but other locals roused by the commotion overpowered him as he escaped; Sickler lived long enough to give a deathbed positive identification.

Of course, it wasn’t really “positive” — that’s the whole point. And “John Nelson”, whoever he might have been, kept his nose in his Shakespeare and his lips enigmatically sealed on the crime and its causes; on his background and biography; on everything whatsoever. “I just wouldn’t care to talk about that,” he would reply when questioned, or similar versions of that polite deflection.

He kept his queer peace all the way to the electric chair.

* Maybe Mr. “Nelson” was just taking Sis Hopkins’ good advice: “There ain’t no sense in doin’ nothin’ for nobody what won’t do nothin’ for you.” As Nelson blithely put it (and who could contradict him?) any name at all would do for his circumstances.

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1913: Bonnot Gang members, anarchist illegalists

A century ago today, Raymond Caillemin, Elie Monnier and André Soudy were guillotined in Paris for their exploits with Third Republic France’s most celebrated band of anarchist bank-robbers, the Bonnot Gang.

It was actually not Bonnot but Octave Garnier who was the original moving spirit for the gang, which took shape in 1911 around a core of anarchist adherents to the philosophy of illegalism — criminality as resistance. The outlaws were revolutionaries, vegetarians, working-class. Though respectable anarchist communists fled from them, the philosophy bit wasn’t a pose.

“It’s because I didn’t want to live this life of present-day society, because I didn’t want to wait and maybe die before I’d lived, that I defended myself against the oppressors with all the means at my disposal,” Garnier wrote in a memoir discovered after he was killed in a police shootout.

To Garnier the gang owed its signature innovation of using automobiles: they were the first ever to use this novel machine to flee the scene of a crime after knocking over a Paris bank in December 1911. Between their internal combustion engine and their repeating rifles, they had a decided technological advantage on the police who pursued them.

For obvious reasons they were initially dubbed the “Auto Bandits.” But Jules Bonnot stole the marquee by marching into the office of La Petit Parisien in January 1912 to indignantly correct some of its reporting. The newspaper gave him an interview, and started branding the outlaws the “Bonnot Gang” (La bande a Bonnot), a name which has stuck for posterity and titles a 1968 film about them.

And the “Bonnot Gang” moved plenty of papers.

For the next three months, they would repeatedly crash the headlines on either side of the French-Belgian border by stealing cars to perpetrate new robberies, often shooting policemen and bank tellers into the bargain.

Meanwhile, they magnetized admirers and enemies alike with their Gallic intrepidity and self-confessedly impossible struggle. Garnier mailed his fingerprints to the police chief. Ground-down proletarians fell into their orbit, cracking bitter fatalistic jokes. Under the pen name La Retif, a young writer extolled the masculine, doomed outlaws: he was the Russian expatriate Victor Serge, at the start of a long revolutionary career.*

To shoot, in full daylight, a miserable bank clerk proved that some men have at least understood the virtues of audacity.

I am not afraid to own up to it: I am with the bandits. I find their role a fine one; I see the Men in them. Besides them I see only fools and nonentities.

Whatever may result, I like those who struggle. Perhaps it will make you die younger, or force you to experience the man-hunt and the penal colony; perhaps you will end up beneath the foul kiss of the guillotine. That may be! I like those who accept the risk of a great struggle. It is manly.

Besides, one’s destiny, whether as victor or vanquished, isn’t it preferable to sullen resignation and the slow interminable agony of the proletarian who will die in retirement, a fool who has gained nothing out of life?

The bandit, he gambles. He has therefore a few chances of winning. And that is enough.

The bandits show strength.

The bandits show audacity.

The bandits show their firm desire to live.

By April and May the authorities were finally overcoming the audacious bandits, though desires to live showed firm to the last: both Bonnot and Garnier were overcome and killed only after holding off protracted sieges against overwhelming numbers.

Although the headline attractions were gone, the ensuing massive trial soon fitted four for death:

  • Raymond Callemin, Serge’s own friend and reading-companion since childhood
  • Elie Monier (or Monnier), the onetime refugee draft-dodger whose will grandiloquently bequeathed to the Paris library his copy of Darwin, and to the Paris museum the pistol he was arrested with, provided it be engraved with the phrase “Thou Shalt Not Kill”
  • The sickly Andre Soudy, reckless in his outlaw adventure since tuberculosis that he was too poor to fend off already had him coughing his way to an earl grave
  • The joiner Eugene Dieudonne, a friend and compatriot of the gang members but not an actual bank-robber himself. Dieudonne was reprieved on April 20th and dispatched instead to the French penal colony at Devil’s Island

Other prison sentences from a few years up to a lifetime at hard labor were meted out to various other Bonnot gang members and fellow-travelers, several of whom showed themselves dedicated enough to their heroic fatalism to take their own lives. One who attempted an escape only to find himself stymied when he attained the roof of the prison worked fellow-inmates into a frenzied chant of Viva l’anarchie as he hurled slate shingles at the guards who treed him, then wrapped up the performance by hurling himself off the roof, too.

“I would have liked to eat black bread with black hands,” that man’s last testament read. “But I was forced to eat white bread with red hands.”

* Serge got himself in some hot water as an anti-Stalinist in the Soviet Union. Serge’s mature (1945) appraisal of his youthful infatuation with the Bonnot gang, as well as his first-person recollections of the Bonnot gang trial (which got Serge himself a five-year sentence) can be read here

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1912: Tom Miles lynched

From the Montgomery Advertiser (April 10, 1912)

Lynched After Acquittal

SHREVEPORT, La., Apr. 9 — Tom Miles, a negro, aged 29, was hanged to a tree here and his body filled with bullets early today. He had been tried in police court yesterday on a charge of writing insulting notes to a white girl, employed in a department store, but was acquitted for lack of proof.

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1916: Gabrielle Petit, Belgian spy

On this date in 1916, German forces occupying Belgium shot Gabrielle Petit at Schaarbeek for espionage.

Petit, orphaned as a child, was a 21-year-old Brussels saleswoman and governess when the First World War began.

In 1914, she helped her wounded fiance, soldier Maurice Gobert, cross the front lines into the Netherlands to rejoin his unit.

This was already a no-no — just the thing, in fact, that would soon get British nurse Edith Cavell shot by the Hun. But Petit went way beyond into outright espionage.

Having impressed British officers upon her successful delivery of Maurice by relating everything she could remember about the German army’s disposition, she got a crash course in spycraft and returned back over the lines. For a year and a half, she continued funneling information about troop movements as well as distributing the then-underground (but today still-extant) newspaper La Libre Belgique.

Captured in February 1916, she refused to trade her life for the identity of any other operative, and was shot for spying.

Although Gabrielle Petit didn’t get anything like Nurse Cavell’s wartime propaganda play, her story became well-known after the Armistice and resulted in a state funeral, various films and books, and a monument in Brussels’ Place Saint-Jean.


(cc) image from dogfael.

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1913: Floyd and Claude Allen, for the Carroll County courthouse massacre

Today is the centennial of the electrocution of Floyd Allen, the wealthy patriarch of a Virginia clan, and his son Claude — for an astounding shootout right in the Carroll County (Va.) courthouse.

Before the unpleasantness, Allen was for Carroll County gentleman farmer, prosperous shopkeep, moonshine-distiller, and political operator. He was also a guy with a violent reputation.

That’s him on the right, but maybe you want to picture an Old Dominion Don Corleone instead.

“The worst man of the clan,” said a local judge who suspected that Allen had dodged other brushes with the law by intimidating witnesses. “Overbearing, vindictive, high tempered, brutal, with no respect for law and little or no regard for human life.”

Mix a guy like that with an innocent rustic harvest-produce ritual and bloodshed is bound to follow.

Matters began for the 50-something Allen with teenage hormones at a local cornshucking. Custom dictated that finding a lucky red ear of corn would entitle the corn-shucker who drew it to a kiss from any girl of his choice. A youth named Wesley Edwards, nephew to Floyd Allen, drew a red ear.

The girl he kissed happened to have a boyfriend. So here we go.

The next day, the jealous beau got his by jumping Wesley Edwards, which drew Wesley’s brother into the brawl, which led to assault and weapons charges against the Edwards boys. They were arrested over the border in North Carolina, but en route to returning them to the Hillsville, Va., lockup, Floyd Allen stopped the cart and liberated his kin. Allen would say later that he didn’t intend this to go full-outlaw; rather, his lordly sense of prerogatives was offended to see the boys tied up instead of treated with dignity, and a political foe of a sheriff rushing to get them in manacles when Allen full intended to post bail for them.

And that led to the March 1912 trial of Floyd Allen for interfering with an officer of the law. Allen was convicted on this count and sentenced to one year in prison.

“Gentlemen,” replied our put-upon paterfamilias to this sentence. “I ain’t a-goin’.”*

Literally, this is what Floyd Allen got up and said in court in direct response to the judge’s delivery of sentence moments before.

And with this, the Carroll County courthouse turned into a shooting gallery.

There’s a great deal of after-the-fact argument and finger-pointing about who started this mess. It must have been mayhem: the sheriff plunked Allen, who collapsed on his attorney; Allen fired back with the revolver that he was naturally carrying to his own criminal sentencing.

Fears and rumors had circulated that exactly this sort of thing might go down if the surly Floyd Allen drew jail time, so quite a lot of attendees in the crowded courtroom were jittery and packing heat. Now they all started crouching and firing. At least fifty spent rounds were later retrieved from the hall of justice.

When the smoke cleared, the Allen clan had absconded as a gang with the now-fugitive Floyd. Five other people left the room for their coffins: the judge, the prosecutor, the sheriff, the jury foreman, and a 19-year-old girl who had testified against Allen.

Considering the distribution of bodies, that’s less a shootout than a massacre. (pdf)

A massive manhunt brought the Allens in within weeks. This time, jurors nervous of retaliation handed Floyd Allen the death penalty, and a like sentence to his son Claude.** The eventual clemency appeals for the latter would focus on his honorable adherence to the family, complaining that Claude was condemned for doing “no more than any boy would do for an old gray haired Father without a moments [sic] time to consider.” The appeals for the former blamed the sheriff for starting the shootout and the entire affair from the nephews’ arrest on down on political rivalries among Carroll County’s elites. Between these and clemency opponents decrying the “maudlin sentimentality” that proposed to spare these murderers, the standard of Virginia manhood was thoroughly litigated on editorial pages throughout the Commonwealth — indeed, throughout the country, for the astonishing case drained newsprint ink from coast to coast.

And why not? From corn-shucking to the twisted family honor to the electric chair, every pore oozed Americana. Even a young woman who was described as “a mountain girl” descended from her haunts to appeal for the life of her betrothed, Claude.


From the Trenton (N.J.) Evening Times, September 13, 1912.
“They were men of the mountains; they were out of the beaten parts of civilization; they were untaught in the ways of the world outside. Their habits and training had led them to adhere to a code of almost primal instincts in many ways; to them the right to do as they pleased regardless of what custom or other people demanded was ingrown. And yet they had never been criminal at heart.” -From a profile of the family in the March 28, 1913 Miami Herald

Gov. William Hodges Mann‘s verdict on all this inclined against the maudlin.

Though the Allens managed a few short delays as their appeals percolated, Mann was steadfast in his refusal to mitigate the crime. The two went to Virginia’s electric chair eleven minutes apart on this date.

All that from a red ear of corn. Incidentally, somewhere in this whole timeline, Floyd’s nephews were themselves sentenced for the original brawl with the boyfriend (long before the shootout, and the resulting serious prison sentences they got for that). Their punishment was 30 and 60 days working the sheriff’s orchard. That, plus the destruction of their family.

A book and a DVD under the title Carroll County Courthouse Tragedy can be had from the Carroll County Historical Society. There’s also an out-of-print 1962 volume, The Courthouse Tragedy, Hillsville, Va.

* Allen had successfully refused to serve a one-hour jail sentence for a 1903 scrape. One measly hour.

** Several other Allens got long prison sentences eventually truncated by executive pardons in the 1920s. Most of their estate was seized and the family generally scattered across the country, far from Carroll County. (Floyd Allen’s brother Jack got into a barroom argument in North Carolina in 1918 about the notorious Hillsville events, and Jack wound up shot dead himself in the dispute.)

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1913: John Williams, the Case of the Hooded Man

One hundred years ago today, John Williams was hanged at Lewes Gaol for murdering a police officer.


Not this John Williams.

Williams was supposed to be the mysterious prowler spotted lurking outside a Hungarian countess’ Eastbourne home on October 9, 1912. The prowler was treed on the portico of the house by a responding police officer, but shot that cop dead and made good his escape.

The ensuing “Case of the Hooded Man” — the branding is not quite Sherlock Holmes, but it suits this blog — concerned the legal contest over whether John Williams was that prowler/shooter.

Circumstantial though it was, quite a lot of evidence supported that conclusion.

The day after the murder, Williams was informed upon by a young friend, Edgar Power, who knew him by his real name of George McKay. Williams/MacKay had passed Power a note on the night the policeman died reading, “If you would save my life come here at once to 4 Tideswell Road. Ask for Seymour [the name of Williams’s girlfriend]. Bring some cash with you. Very Urgent.”

Power set up a meeting with Williams where the police could nab him. (Power would later testify at trial that his friend had bragged specifically about his “good shot” that hit the policeman.)

Not yet done, our busybody stool pigeon then called on Williams’s girlfriend and persuaded her to move the murder weapon she had hidden with her beau … enabling police to grab that piece of evidence, too.

That gun made its mark in the emerging science of forensic ballistics. Seminal ballistics expert Robert Churchill was able to conclusively link this firearm to the portico murder by means of an early application of a now-familiar technique.

Churchill fitted a new hammer and springs and then test-fired [the gun]. Those test bullets had the same rifling pattern as the bullet used to kill Inspector Walls, and Churchill had no doubt about his conclusions that it was a gun of that very same make which had fired the fatal bullet.

In order to demonstrate the technicalities of Churchill’s evidence, Sergeant William McBride, one of the very first police photographers at Scotland Yard, used close-range photography to illustrate the pattern of the grooves on the bullets. He also collaborated with Churchill in placing dentist’s wax inside the gun barrel, then withdrawing it when it had cooled and set hard. This enabled him to photograph the pattern in the wax, caused by the grooves of the inside of the gun barrel, showing the same profile that would match a lead bullet fired through that gun barrel.

A nationwide petition for Williams’s pardon would circulate after his conviction upon the production of some dubious evidence throwing suspicion upon another (phantasmal, so far as anyone could determine) party. The Home Secretary replied to those appeals in the House of Commons a week before the execution:

The house will understand that there is no part of the Home Secretary’s duty which throws greater responsibility upon him or is indeed more painful, then that which has to be exercised in connection with the prerogative of mercy. Of course, any man would be only too glad to find a scintilla of evidence or reason, or I might say to invent a reason, which would enable him to save a human life. But my duty, as I understand it, is to act in accordance with the law and the traditions of my office … the whole story [of a man’s alleged twin brother committing the crime] is an invention because [the man], having known John Williams in the past, he did not like to think of his being hanged.

Thought-of or no, hanged John Williams was.

Part of the Daily Double: Century-Old English Legal Novelties.

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1913: Edward Hopwood, clumsy suicide

On this date in 1913, Edward Hopwood was hanged for the murder of his girlfriend, Florence Silles.

Silles was an actress and music hall songstress who had broken off her relationship with the 45-year-old manager when she found out that, contrary to his representations, Hopwood was (a) still married; and (b) not wealthy.

Hopwood contrived to track his ex down in a hotel bar, and after an evening’s drinking and talking, the two got into a cab together. There, Hopwood shot her point-blank through the head.

It sounds — and was — pretty open-and-shut, but Hopwood’s bootless defense took the case through a brief detour of an odd cul-de-sac of English jurisprudence. Hopwood claimed that he’d been trying to commit suicide, and that Silles caught her bullet accidentally as she attempted to stop him killing himself.

While it’s clear that nobody else in the court believed this, it’s also the case that suicide is a felony by law. And up until 1957, it was legal doctrine that anyone who, in the course of commission of this felony, managed to kill another person, could be held liable for homicide. (Source)

Accordingly, as the London Times reported on Dec. 10, 1912, that with respect to the attempted-suicide claim, “even if the prisoner’s story were true, the prosecution submitted that in law his crime would be at least manslaughter, and in all probability murder.” Hopwood attempted to appeal his conviction on the basis of botched suicide, and an appellate ruling wrote this very doctrine into precedent.

Part of the Daily Double: Century-Old English Legal Novelties.

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