1940: Carl Heinrich Meier and Jose Waldberg, the first hanged under the Treachery Act

I went into this with both my eyes open, telling myself that a man who has an ideal must be willing to sacrifice everything for it or else the ideal isn’t an ideal at all, or the man isn’t a man at all, but a humble creature who deserves only pity.

-Carl Heinrich Meier, last letter to his fiancee (Source)

On this date in 1940, Great Britain carried out the first two executions under its brand-new-for-wartime Treachery Act of 1940.

Raced into the books in May of 1940 amid Nazi Germany’s onslaught on France, the Treachery Act made it a capital crime if, “with intent to help the enemy, any person does, or attempts or conspires with any other person to do any act which is designed or likely to give assistance to the naval, military or air operations of the enemy, to impede such operations of His Majesty’s forces, or to endanger life.” Naturally the realm had centuries of treason statutes to fall back on; the intent in creating this new capital crime of treachery was to target spies and saboteurs who might not themselves be British citizens — and therefore evade “treason” charges on grounds of not owing loyalty to the British Crown. Instead, the Treachery Act explicitly governed “any person in the United Kingdom, or in any British ship or aircraft.”

Carl/Karl Heinrich Meier and Jose Waldberg were textbook cases. They had rowed ashore at Dungeness on September 3 intending to pose as Dutch refugees while reconnoitering ahead of a potential German cross-channel invasion. With them were two other Abwehr agents with the same intent, Charles Albert van der Kieboom and Sjoerd Pons.

While his comrades were noticed by routine coastal patrols and picked up near the beach, Meier picturesquely showed up that morning at a public house in Lydd where his clumsy command of contextual slang and etiquette led the proprietress to turn him in.

They were tried in camera weeks later, by which time the Luftwaffe was systematically bombing the jurors; despite this radically prejudicial context, Sjoerd Pons was actually acquitted — successfully persuading the court that he’d been forced into the mission on pain of a concentration camp sentence for smuggling. (Pons was detained as an enemy alien despite the acquittal.)

The other three men were not so fortunate. Perhaps most to be pitied was “Waldberg” who was really a Belgian named Henri Lassudry: although he had not presented Pons’s same defense to the court it appeared that he also had been coerced into the operation, in his case by Gestapo threats against his family. But none of the three death sentences was to be abated. A week after Meier and Waldberg/Lassudry hanged at Pentonville Prison, van der Kieboom followed them to the gallows.


“Jose Waldberg” aka Henri Lassudry.

The Treachery Act would be used against German agents repeatedly through the war years and in time had the distinction of noosing the last person hanged in Britain for a crime other than murder.

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1940: The Sass Brothers, Weimar burglars

On this date in 1940, the Sass Brothers — notorious scofflaw thieves from the Weimar Germany era — were extrajudicially executed by the Nazis at the Sachsenhausen concentration camp.

Pioneers of the then-novel art of blowtorching their way into bank safes, die Brüder Sass — Erich and Franz — became public celebrities after their arrest in 1929, especially when the state failed to stick the case against them and the lads remained as free men, publicly flaunting their stolen wealth.

The position of being well-known unpunished crooks became a good deal less comfortable after the 1933 rise of the Nazis, so the Sasses (wisely) moved to Denmark and (less wisely) did some crimes there, too. They copped a short Danish sentence, and after its expiration in 1938 the Danes transferred Erich and Franz Sass back the Third Reich. But even the severity of 13- and 11-year sentences for bank robbery back home, according to Nikolaus Wachsmann,

did not satisfy Heinrich Himmler, who ordered the brothers’ execution. On 27 March 1940, Erich and Franz Sass were taken from penal institutions to the Sachsenhausen concentration camp. Here, they were murdered by SS men under the command of Rudolf Hoess, who recalled the execution after the war: ‘They [the brothers] refused resolutely to stand against the post, and I had to let them be tied up. They resisted with all their strength. I was extremely relieved when I was able to give the order to shoot.’ Their murder was promptly reported in the Nazi press. This case demonstrates clearly the difference between punishment in the Weimar and the Nazi period. In the Weimar Republic, the two brothers had walked free because there was not sufficient evidence to convict them. In Nazi Germany, they were murdered, irrespective of legal regulations.

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1940: Udham Singh, Jallianwala Bagh massacre avenger

A national revenge drama 21 years in the making culminated on the gallows of Pentonville Prison on this date in 1940.

The story of Udham Singh‘s hanging begins long before and far away in the British Raj.

There, a crowd of 20,000-25,000 protesting for independence in the restive Punjab city of Amritsar were wantonly fired upon by Raj authorities — an atrocity remembered as the Jallianwala Bagh massacre. British authorities acknowledged a staggering 379 dead; Indian accounts run much higher than that.

The massacre’s principal immediate author was the army commander Reginald Dyer, who fired on the crowd without warning and with so much premeditation as to bar exits from the Jallianwala Bagh garden for maximum bloodshed — his acknowledged intent “not to disperse the meeting but to punish the Indians for disobedience.” but Punjab Lieutenant Governor Michael O’Dwyer, for many years a noted rough hand in the suppression of national militancy on the subcontinent, had his back. “Your action correct,” read an O’Dwyer-to-Dyer telegram on the morrow of the bloodbath. “Lieutenant Governor approves.”

British opinion was not quite so approving; indeed, many Britons were outraged and both Dyer and O’Dwyer ended up sacked. But as is usual for a horror perpetrated under the flag they also never faced any sort of punishment.

Until Udham Singh, avenger, entered the scene.

A survivor of that horrific day — when he’d been dispatched from the orphanage that raised him to serve drinks to the protesters — Singh had unsurprisingly thrilled to the revolutionary cause. A Sikh by birth, the name he adopted, Ram Mohammed Singh Azad, gestures to his movement’s now-remote spirit of unity across sect and nation.

Come 1934 Singh had made his way to London, where he worked as an engineer and quietly plotted revenge against O’Dwyer, pursuant to a vow he had taken many years before. (Dyer escaped justice in this world by dying in 1927.) And on March 13, 1940, he had it when the retired colonial hand addressed a joint meeting of the East India Association and the Royal Central Asian Society at Caxton Hall. As proceedings concluded, Singh produced a concealed pistol and fired six shots at the hated O’Dwyer, killing him on the spot.

Like many (not all) of his countrymen, Singh gloried in his long-awaited triumph in the few weeks remaining him.

I did it because I had a grudge against him. He deserved it. He was the real culprit. He wanted to crush the spirit of my people, so I have crushed him. For full 21 years, I have been trying to seek vengeance. I am happy that I have done the job. I am not scared of death. I am dying for my country. I have seen my people starving in India under the British rule. I have protested against this, it was my duty. What greater honour could be bestowed on me than death for the sake of my motherland?

Many countrymen shared his exultation, even if those in respectable leadership positions had to disapprove of assassination. Nevertheless, a few years after the subcontinent’s Union Jacks came down for the last time, PakistanIndia independence leader-turned-president Jawaharlal Nehru publicly “salute[d] Shaheed-i-Azam Udham Singh with reverence who had kissed the noose so that we may be free.”

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1940: Julien Vervaecke, Tour de France cyclist

On or around this date — exactly when is forever obscure* — the former Tour de France cyclist Julien Vervaecke was summarily executed by Polish and British soldiers in German-occupied Belgium.

The Belgian velocipeddler raced professionally from 1924 to 1936 and reached the top ten of cycling’s signature event four times — capped by a third-place ride in 1927.

He’s most famous in the annals of his sport for his controversial victory in the 1930 Paris-Roubaix race, when he crossed the finish line second after getting the worst of a late collision with French cyclist Jean Marechal, but was awarded the win by judges who faulted Marechal for the incident. (Vervaecke got the medal but not the branding: it’s known as l’affaire Marechal.)

By the time war clouds had gathered anew, Vervaecke (English Wikipedia entry | German | French) had retired to proprietorship of a restaurant in Menen, on the French border.

As the Wehrmacht blitz overran Belgium, Vervaecke’s home chanced to fall within the British pocket pinned to Dunkirk, 70 kilometers away away. The famous evacuation would commence on May 26.

On May 24, scrambling soldiers of the British Expeditionary Force, apparently including some officers of the exiled Polish army,* tried to ransack Vervaecke’s place for supplies, and the ex-cyclist resisted. As with Marechal all those years ago, Vervaecke had the worst of this collision, and the tetchy troopers led him away.

Nobody witnessed what happened to him; his body only turned up weeks later, over the border in France. It’s guessed that he might have been detained and then shot out of hand hours later — more prey to the fog of war.


At least he didn’t die of lung cancer: In a different era for athletics, Vervaecke and Maurice Geldhof take a trip to flavor country during the Tour de France.

* Poland had already been occupied by Germany and the USSR, in September 1939.

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1940: Peter Barnes and James McCormack, the last IRA men hanged

“The two that swung in Birmingham, with ordered step
From off the gallows floor.”

Brendan Behan

On February 7, 1940 — Ash Wednesday, as it happened to be — Peter Barnes and James McCormack became the last Irish Republican Army men executed by the British

They were condemned by the outraged British after a then-shocking terrorist bombing that has largely vanished from the historical memory, subsumed by the simultaneous outbreak of World War II.

Although it was neither the first nor the last strike in the 1939-1940 campaign of Irish Republican attacks on English soil aimed at forcing London to relinquish control of Northern Ireland, the five-pound bicycle-mounted bomb that ripped apart Broadgate on August 25, 1939, might have been the one that most hardened British hearts against the authors.* Five people were killed in the explosion and some 70 injured; the scene resembled a war zone.**

The resulting investigation — explored in great detail here — never laid hands on the man who actually planted this bomb, eventually revealed to be Joby O’Sullivan.

Many years later and near his death, O’Sullivan claimed that the bomb was supposed to be parked at the Coventry police station; other reports have it destined for an electrical station, and the decision to abandon the ticking bicycle in a crowded street a freelance cock-up by O’Sullivan. Maybe. What is known is that on August 24, London police had busted an IRA plot to place explosives at Westminster Abbey, Scotland Yard, and the Bank of England — all timed to explode at the very same moment as the Coventry package, 2:30 the next afternoon. Had that coordinated fourfold bombing occurred, it would have rated one of the bloodiest and most spectacular terrorist events in history.

But the single blast that did take place was more than enough to bring down the crown’s fury.

Five faced trial for their lives, even though no hand among them had actually set the Coventry bomb. In Ireland and many other places, this latter stipulation made the entire affair an outrageous injustice, especially if one takes as a given that the bomb was not meant to hit civilians. We leave that interesting question of justice to the reader’s consideration, but it must be understood that our hanged men were certainly party to the IRA’s bombing project. The accused, for a trial that December, were:

  • Barnes, an IRA operative in London who had delivered bomb components to Coventry
  • McCormack, part of an IRA cell in Coventry who had rented the house where the bomb was constructed
  • Joseph and Mary Hewitt, and Mary’s mother Brigid O’Hara, Irish immigrants who had taken on McCormack as a lodger

Little evidence could be produced against Hewitt family, who appeared to be quite innocent of their tenant’s intentions. The latter three were cleared of all charges, and then vengefully deported.

McCormack kept stoically silent during the trial, rising only at his sentencing to announce “that the part I took in these explosions since I came to England I have done for a just cause. As a soldier of the Irish Republican Army I am not afraid to die, as I am doing it for a just cause. I say in conclusion, God bless Ireland and God bless the men who have fought and died for her.”

Barnes, whose role on the far end of the supply was even more remote from the final detonation, said as he would maintain to the end, “I am innocent and later I am sure it will all come out that I had neither hand, act or part in it.”

The pair hanged together in Birmingham’s Winson Green Prison. The return of Barnes and McCormack’s remains from that gaol’s unmourned yards to Irish soil soon became a running national demand; the remains were finally repatriated (to great fanfare) in 1969.

Amid the patriotic encomia, civil war veteran Jimmy Steele gave an address on the occasion of the republicans’ reburial critical of the Sinn Fein leadership — an address that is often considered a milepost en route to the imminent (December 1969) splitting-away of the Provisional IRA.

* And in a less justifiable expression, against the Irish generally; Coventry’s Irish immigrant populace faced an immediate racist backlash.

** A chilling preview, for the next year Coventry was devastated by German planes — one of the cities hardest hit by the Reich’s bombing campaign.

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1940: Julian Zugazagoitia, Minister of the Interior to republican Spain

On this date in 1940, the late Spanish Republic’s former Interior Minister was shot by Franco’s dictatorship, having received him from the hands of the Gestapo who arrested the man in exile.

A socialist journalist, Julian Zugazagoitia (English Wikipedia entry | the more detailed Spanish) was tapped for the ministry gig by Prime Minister Juan Negrin — a man to whom history appointed the distasteful destiny of trying to turn the Republic away from the abyss that gaped for it.

Negrin’s major resource in this doomed project was Russian aid* — aid conditioned on Kremlin internal control within Spain, against the other factional groups (anarchists, social democrats, and so forth) that comprised the Republic’s “popular front”. Indeed, Negrin himself came to power thanks to a bloody internal coup against anarchists and anti-Soviet communists. Zugazagoitia found this distasteful but for his year in the government he had to toe the line on it: pressed by a British delegation over the political arrests — and sometimes murders — of pro-Republic dissidents like Andres Nin, Zugazagoitia allowed that “We have received aid from Russia and have had to permit certain actions which we did not like.” (quoted (p. 86) in Orwell’s Homage to Catalonia)

Though he managed to escape abroad as the Republic fell to Franco’s armies, Zugazagoitia was caught by the Gestapo in France; as they had done with his fellow politician Lluis Companys in a similar spot, the Germans deported the former Minister of the Interior to certain execution in Spain.

Zugazagoitia’s grandson, also named Julian Zugazagoitia, directs the Nelson-Atkins Museum of Art in Kansas City, USA.

* An embargo on arms shipments by most western countries all but forced Spain to buy Russian arms, on Russian terms.

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1940: Three saboteurs and a spy, “Fusilles et oublies”

On this date in 1940, the collapsing French state “shot and forgot” four subversives at Pessac. These cases are heavily covered by the French-language blog Histoire penitentiaire et Justice militaire; many links in this post point to well-illustrated articles on that site, which make recommended reading for those inclined to delve deeper.

Late June finds France in the dark weeks after Dunkirk — the very day, in fact, when Marshall Petain’s government formally surrendered to the German blitz.

Elsewhere, the remains of the Third Republic had fled west to Bourdeaux, taking along its death row prisoners. The state that condemned them did not mean to let its imminent disappearance cheat it of their blood.

Jean Amourelle, a stenographer in the French Senate whose duties included shorthanding the secret proceedings of its military commissions, was caught routing intelligence to Germany.

Set to join him for this date’s execution were two pairs of brothers: Roger and Marcel Rambaud, and Leon and Maurice Lebeau. Seventeen-year-old Maurice Lebeau had his sentence commuted to hard labor, however, and was spared from the firing detail.

The Rambauds and Lebeaus were factory workers sentenced as saboteurs for compromising the engine of a French military plane, causing it to explode mid-flight: strange behavior for Communist proletarians explained by the temporary peace between Germany and the Soviet Union that (for the moment) positioned the Comintern-directed French Communist Party as an opponent of the war.

Despite the sacrifice of the Rambauds and Lebeaus, this posture was short-lived. Just one year later — June 22, 1941, in fact — Germany’s invasion of the USSR thrust Europe’s Communist movements into common fronts with anti-fascist parties, and France’s Communists into the forefront of French Resistance martyrs.

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1940: Mikhail Koltsov, Soviet journalist

On this date in 1940, Soviet writer Mikhail Koltsov was shot at Lubyanka Prison.

Maybe the premier journalist of the early Bolshevik state, Koltsov (English Wikipedia entry | Russian) founded several magazines in the 1920s — including the still-extant Ogoniok.* His stylistic flair set him apart in an age oppressed by leaden, censorious prose. “If Pravda featured a readable piece in the 1930s, Koltsov was probably the author,” Donald Rayfield puts it in Stalin and His Hangmen. And the man’s charisma didn’t end with pen; he was the lover of (among others) the wife of security chief Nikolai Yezhov.

A convinced communist who had participated in the revolution, his reliability led Stalin to dispatch him to the Spanish Civil War — as a Pravda correspondent but also, of course, a Soviet agent. His role and his many fraught relationships are treated at some length in We Saw Spain Die; one officer of an international brigade wrote that Koltsov and his fellows seemed to breathe freer amid the wild danger of the front — “Here there was none of the slavish terror of the Moscow intellectual. Under the hail of Fascist bullets they forgot the bullet in the back of the neck, the secret executions of the GPU. Their talk was relaxed, uncharged with double meanings, un-Asiatic.”

Be that as it may, Koltsov as Kremlin vizier to a dirty war was on the other end of the death warrant often enough; he also cultivated Ernest Hemingway, and was rewarded with a thinly veiled role in For Whom The Bell Tolls (the character Karkov). His memoir Spanish Diary is a sort of team-Soviet counterpart to Orwell’s Homage to Catalonia.

But Koltsov lived ever in the shadow of Stalin’s terror, and to hear his friend, English correspondent Claud Cockburn tell it, Koltsov too knew it very well: a man for his time who could be a true believer by day and by night crack gallows humor at the creeping purges among friends. “I cannot say I was surprised” by his fall, Cockburn wrote when his onetime comrade disappeared. “And, oddly, I doubt if he was much surprised either. He had lived — and talked and joked — very dangerously, and he had absolutely no illusions so far as I know about the nature of the dangers … He would not, I thought, have been otherwise than satirically amused by some of the almost hysterically sentimental outcries which greeted his removal.” Though difficult to establish with certainty, it is thought that Stalin and Beria broadly suspected their Spanish Civil War emissaries of exposure to Trotskyite machinations, western spies, and other indulgences characteristic of men too far removed from that bullet in the back of the neck. Veterans of this conflict who retured to the USSR were a heavily purged demographic.**

Arrested as a Trotskyite at the end of 1938, he had a year to savor the terrors of interrogation and was made to denounce as western agents former friends like director Vsevolod Meyerhold — who was eventually executed on the same Feb. 1-2 night as Koltsov himself.

His brother, the cartoonist Boris Yefimov,† tried to inquire about him in March 1940 and was told that Koltsov had been interned in the gulag for ten years “without right of correspondence” … a secret police euphemism for a man who would in fact never correspond with anyone again.

* In 1923; this was a re-founding of a periodical dating to 1899, and the magazine naturally claims the earlier vintage for itself.

** Koltsov’s fall also corresponds to Moscow’s pre-World War II rapprochement with Berlin; one of the people his tortured denunciations helped bring down was the Jewish pro-western foreign minister Maxim Litvinov, for whom an anti-fascist alliance had been the policy. Litvinov was succeeded by Molotov — he of the Molotov-Ribbentrop non-aggression pact with Nazi Germany.

† Their surname by birth was Fridlyand; their father was a Jewish cobbler in Kiev.

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1940: 32 innocent Poles

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

On this day in 1940, in the tiny village of Celiny in Nazi-occupied Poland, German soldiers and gendarmes stood 32 Polish citizens against the wall of a house and shot them all to death.

The victims of the shooting had, by the Germans’ own admission, done nothing to deserve their fate. They were killed in reprisal for crimes committed by others: namely, the murder of a German gendarme the previous day.

Seventy years later, the inhabitants of Celiny shared their memories of the incident with British historian Mary Fulbrook:*

Two Poles had apparently become involved in a dispute with the gendarme, provoked by a disagreement over the legality of ordering a certain dish in a local hostelry: that particular cut of meat was not supposed to be available to Poles under the rationing system introduced by the German administration. The Poles initially succeeded in escaping from the fracas by bicycle, but were caught up by the gendarme, on a motorbike, in Celiny; here, a further scuffle had ensued, in the course of which the gendarme was fatally wounded.

In a slightly different version of the story, the German gendarme had not even been killed by the Poles but had died as a result of crashing when, somewhat inebriated as well as angry, he took a corner too fast in pursuit of the two Poles. Whatever the truth of the matter, the latter knew they were in for trouble and rapidly escaped; they were nowhere to be tracked down.

The Germans had previously registered prominent local citizens to serve as hostages for just this sort of situation. But everyone on the registration list was forewarned by their friends and family and went into hiding to avoid arrest.

The next morning, unable to find any of their hostages, the local German authorities got together and argued for a full three hours over what to do. In the end they settled on a plan: They went to the prison in the nearby city of Sosnowiec and grabbed 32 inmates who had been “incarcerated for all the manner of reasons, including minor infringements of the most trivial of the new rules imposed by the German occupation, political resistance, and sheer bad luck.”

The men’s bad luck got even worse: the 32 men (29 Catholics and three Jews) were trucked fifteen miles back to Celiny, taken to the scene of the fight from the night before, stood in a row against the wall and shot dead at point-blank range.

Nearly three-quarters of a century later, Fulbrook visited the site of the massacre:

The wall against which the thirty-two people were shot remains pockmarked by the bullet holes, daubed now with dashes of red paint to intimate their bloody origins; there is a memorial stone, for which money had arduously to be raised among the local community; and fresh flowers were often laid there, to keep the memory of former compatriots and relatives alive.

The memorial stone lists the names of the 29 Catholic victims, but not the names of the Jews, apparently because the townspeople didn’t know who they were.

Fulbrook notes that this incident seems insignificant when put into context of the “enormity of other crimes that were soon to engulf the area.” Indeed, she says, “This incident would scarcely bear mention in comparison with the crimes committed on an infinitely larger scale at Auschwitz.”

But to the tiny village it was devastating and not easily forgotten — a small emblem of the countless nameless Poles casually put to execution in those years.

Andrzej Wróblewski

The Polish artist Andrzej Wróblewski created this series of eight paintings titled Rozstrzelania (Executions) in 1949, the year he turned 22. (They have no specific connection to the Celiny executions.)

* Mary Fulbrook was interviewed about her Holocaust research in this New Books In History podcast.

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1944: Durga Malla

Seventy years ago today, the British in Delhi hanged Gurkha soldier Durga Malla for spying against them — and on behalf of the army of the Japanese-backed nationalist provisional government, the Azad Hind.

World War II catalyzed India’s long-running national movement and helped lead directly to postwar independence. But during the war itself, it was a delicate relationship with the British Empire that still ruled the Raj.

Activists at the time took different views of how to proceed in wartime. For Gandhi, and this was also the predominant position of his Congress Party, India’s national rights overrode the mother country’s wartime exigencies: India must be free to choose her own part in the affair, as a coequal nation.

Unsurprisingly, London saw it differently. (The Raj sent over two million soldiers into the British ranks in these years.)

This led in August of 1942 to the Quit India movement, an attempted civil disobedience campaign against continued British rule. It was suppressed with difficulty — and with mass detentions, including of Gandhi himself. But hours before the arrest that would land him in British custody for the balance of the war, he delivered his Quit India speech, which warned in part against

hatred towards the British among the people. The people say they are disgusted with their behaviour. The people make no distinction between British imperialism and the British people. To them, the two are one. This hatred would even make them welcome the Japanese. It is most dangerous. It means that they will exchange one slavery for another.

Which brings us to Durga Malla.

For Gandhi himself, there was no question of going so far as to collaborate with Britain’s wartime enemies to force the issue. But not everyone eschewed the “enemy of my enemy” line, and behavior at once treasonable and intensely patriotic has excited controversy from the moment the guns stilled down to the present day. Azad Hind established itself as a government-in-exile in Japanese-occupied Singapore, making plans to invade British India. The fervidly patriotic Durga Malla joined that exile government’s army, and was eventually caught reconnoitering British deployments, then given a military tribunal and hanged. His last words on the gallows affirmed his purpose, and would be vindicated with the passage of just a few years.

“I am sacrificing my life for the freedom of my motherland … The Sacrifice I am offering shall not go in vain. India shall be free. I am confident, this is only a matter of time.”

There are public monuments in present-day India to Durga Malla.

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