Tag Archives: february 15

1673: Kaelkompte and Keketamape, Albany milestones

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On this date in 1673, Indians named Kaelkompte and Keketamape were sentenced to hanging and gibbeting for the murder of an English soldier near Albany, New York. (The date this sentence was executed, if it was not immediate, has been lost to history.)

This place had been known as Beverwijck up until a few years prior, when the English gave it its new and still-current christening* after taking it away New Netherland during the Second Anglo-Dutch War. The transition of its legal organs was a more gradual process — with a long survival of Dutch practices upon which the English were gradually overlaid.

The case at hand was a milestone in that jurisprudence: it appears to be the first documented jury trial (pdf) in Albany — a practice imported from England and reflective of the growing sway of the new boss.

Jury trials did not from that point become universal practice, however, and their use in this instance might have connected to the unusual nature of the prosecution.

Lying at the most northerly navigable point of the Hudson River, at the frontier of the powerful Mohawk and dependent upon they and other friendly indigenes to facilitate its fur trading, Albany kept a practiced blind eye when it came to Indian crimes. The 1665 murder of a Dutchman, the last previous documented homicide between the peoples, appears to have gone completely unpunished: in practice, intercultural grievances were settled privately, if at all.

But English law at least aspired to a more totalizing view and when one of the King’s subjects was murdered by natives who were not members of the powerful Iroquois confederation, it found its ideal test case — as we see in Courts Minutes of Albany, Rennselaerswyck and Schenectady, 1668-1673 (landing page | specific pdf volume). The ability of Albany to impose not only hanging but a potentially provocative gibbeting in this instance essentially confirmed the precedence of colonial jurisdiction over the smaller Hudson tribes. (The Iroquois were quite a different question and maintained expansive rights against the European encroach even into the post-colonial era.)

Kaelkompte, a northern Indian, from Narachtack castle, appearing in irons before the court, was asked whether he had any objection against any of the 12 jurymen standing before him?

Answered, that none of them had done him any harm.

Thereupon 12 jurors were sworn, as shown by the list, to do justice between the king and the prisoner.

As to the first point of the preliminary examination, as to conspiracy, etc., Kaelkompte answers that Keketamape asked him in the woods whether Stuart had any goods? To which he replied that some time ago he had seen three blankets and some coats there. Also, that Keketamape, sitting with him near the fire in the woods, said to him: “I shall kill Stuart.”

Whereupon Kaelkompte, saying that he did not quite understand, asked him: “W hat did you say? You wish to kill Stuart? If you kill him, you will kill yourself.”

Nota Bene. Here followed the further circumstances of the case. From the proceedings and the further documents it appears that Keketamape confessed that he was guilty of the murder.

Dirck Wessels, Meyndert Hermansz, Johannes Wendel, Willem Nottingam and Jan Jacobsz declare under oath that some time ago, being with the prisoners, listening to their caviling, [they heard] Keketamape say to Kaelkompe: “You killed Stuart and you say that I did it all.” Kaelkompe replied to this: “You did too.”

Kaelkompte acknowledges that he said it, but [declares] that it was longer ago than they say.

Indictment read to Keketamape and Kaelkompte

Keketamape admits that he had a hand in the murder and that he is guilty of having killed Stuart.

Kaelkompte admits that he consented by using these words: “There he is now. First kill him!” But he denies that he is guilty of the killing and says that he is not a bit afraid. He admits further, upon conviction by the interpreters, that he helped to kill Stuart by [the words of] his mouth.

The jury, having carefully weighed and considered the case according to the evidence, informations and confessions, conclude and decide that Keketamape and Kaelkompte are guilty of the murder of the person of Mr Stuart.

Sentence

Therefore, their honors sitting as this Special Court of Oyer and Terminer, having duly taken into account and considered the proceedings and also the verdict of the twelve jurymen that according to the documents placed into their hands the said Kaelkompte and Keketamape are guilty of the murder of the aforesaid Jan Stuart, condemn them both, as they condemn them hereby in the name of his Royal Majesty of Great Britain, under the government of the Right Honorable Colonel Francis Lovelace, to be brought together to the place of execution to be hanged by the neck until they are dead, dead, dead, and thereafter to hang in chains. Actum in Fort Albany, the 15th of February 1672/73.

By order of the honorable Court of Oyer and Terminer
Ludovicus Cobes, Secretary

One of the jurors in this trial, Willem Teller, might have been the same man at issue in a case five years later when “a certain squaw was shot dead at the house of Teller, burgher of this city.” The court found it an accident and ordered him to pay the Mahican nation fifty florins: laying aside any question of proportionality, this later case also demonstrates English courts successfully asserting their rights over violence between peoples that formerly would have been settled in private.

* The name “Albany” honored the Duke of Albany, the man who would eventually be King James II … until he was deposed by a Dutchman.

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2014: A.R. and N.J., a double hanging caught on video

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The initials of the two men in the double hanging are all the identification I have found — but the spectacle of this February 15, 2014 public double hanging in Karaj amid fulsome praise for both God and the state security forces is a riveting horror.

Warning: Mature Content. Two men die in this video.

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1926: Josef Jakubowski, Weimar Germany wrongful execution

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On this date in 1926, Weimar Germany beheaded Josef Jakubowski for a murder he did not commit. Though a notorious miscarriage of justice in Germany, it is not widely known elsewhere and most of the links about Jakubowski are in Germany.

A Pole reared in the tsar’s Lithuania, Jakubowski emigrated by way of that great ravager of imperial borders, the First World War: taken as a POW, he preferred sticking around as a Mecklenburg farmhand over returning to a now-Bolshevik Russia engulfed in civil war.

Jakubowski never married, but if he had done it would have been to Ina Nogens, a local woman with whom he fathered a daughter out of wedlock. But his lover died (in non-suspicious circumstances) leaving Jakubowski to support not only the infant girl but also Ina’s three-year-old son by another man, Ewald — who were nonetheless being raised not by Jakubowski but by the Nogens relatives.

On November 9, 1924, Ewald disappeared: he was found outside the village the next day, strangled to death.

The Nogens family immediately made known their suspicions of the almost in-law from a foreign land, and in no time at all Jakubowski was caught in that still-familiar gaze of official tunnel vision and its mirrors of endlessly receding self-vindication. The most substantial evidence against Jakubowski was the shaky — and in fact, manipulated — eyewitness report of a mentally impaired teenager made to sort of put the Pole on the path to the Nogens house on the morning of the little boy’s disappearance. That’s it. It’s the sort of case would have to level up several times to achieve the stature of laughability, but when everyone already knows you did it, actual evidence is really just a luxury. Jakubowski was an outsider who maybe wanted to stop paying child support. Work backward from there!

Two years after the luckless migrant lost his head to the fallbeil, it came out that some of the Nogens clan were the ones really behind the murder, a two birds, one stone scheme to take off their hands both bastard whelp and Auslander. Three were judicially convicted of the very same murder, and one, Ina’s brother August, was actually sentenced to death — although the sentence was remitted. Despite issuing these other convictions, no German state organ has ever officially reversed Jakubowski’s condemnation.

The case was portrayed in a two-part West German TV series in 1964, Der Fall Jakubowski.

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1947: Ernst Kundt, Sudeten German

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On this date in 1947, Ernst Kundt was hanged in Prague’s Pankrac Prison.


Kundt (right) is honored at Prague Castle by Hans Frank. (Frank was hanged through the Nuremberg Trial.)

Kundt co-founded the Sudeten German Party, a nationalist-fascist party that would play a leading role as one of Nazi Germany’s stalking-horses as the latter maneuvered in the 1930s towards the takeover of Czechoslovakia.

The leaders of this movement were amply rewarded by Czechoslovakia’s new masters; for Kundt, this meant a transition from an MP in Prague to a seat in the Reichstag, a gig in the Luftwaffe, and various state posts around the Third Reich.

And of course, many of these Sudeten big wheels collected a different sort of reward after 1945. He was arrested in Czechoslovakia after the war and tried with a number of other Sudeten German leaders.

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1864: The Kinston hangings

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Even the most casual student of the U.S. Civil War will know of Confederate Gen. George Pickett, namesake of Pickett’s Charge during the 1863 Battle of Gettysburg.

But it was for what Pickett did on this date in 1864 — much less well-recalled today but to the 1864 New York Times correspondent exemplifying “the madness of rebel leaders” — that he had to flee to Canada after the war, for fear of being prosecuted for committing a war crime.

Book CoverGeneral Pickett is far removed now from the high-water mark of the Confederacy, scrapping in eastern North Carolina, where loyalties in the Civil War are quite divided.

There, the federals had held the town of New Bern going on two long years. Pickett was detailed to mount an assault upon it, which failed, but netted him a number of Union prisoners.

Desertion plagued the Confederate army in general.

North Carolina men in particular had a reputation (of arguable veracity) for absenting themselves; and, as the state as a whole was the most reluctant (and last) seceder, no small number of those deserters were ducking out for ideological reasons. Plenty of onetime Confederate conscripts who conceived greater loyalty to the Union than to their state shed gray uniforms for blue.

Licking his wounds from the New Bern sortie down the road at Kinston, Pickett recognized a couple of his prisoners as his own former soldiers. They had a testy exchange with the beaten general, and Pickett had them up for a summary court martial in a flash. On February 5, Joe Haskett and David Jones were hanged for desertion.

There followed an interesting exchange between the rival commanders.

Intending to forestall any tit-for-tat killings of POWs, the Union general warned Pickett to treat them humanely.

Major-General Pickett,
Dept. of Virginia and North Carolina, Confederate Army:
General: I have the honor to include a list of 53 soldiers of the U. S. Government who are supposed to have fallen into your hands on your late hasty retreat from before New Berne. They are the loyal and true North Carolinians and duly enlisted in the Second North Carolina Infantry. I ask for them the same treatment in all respects as you will mete out to other prisoners of war.

I am, very respectfully, your obedient servant,
JOHN J PECK

Pickett must not have appreciated having his martial prowess busted on by his opposite number, because he returned a sarcastic reply promising to use Peck’s list to identify deserters. (In a subsequent letter, he threatened to meet retaliations with 10-for-1 hangings. Pickett showed an “imperious and vaunting temper” in the postwar judgment of Attorney General Holt. Or more directly put, he comes off as an asshole.)

GENERAL: Your communication of the 13th instant is at hand. I have the honor to state in my reply that you have made a slight mistake in regard to numbers, 325 having “fallen into your(our) hands in your (our) late hasty retreat from before New Berne,” instead of the list of 53 with which you have so kindly furnished me, and which will enable me to bring to justice many who have up to this time escaped their just deserts. I herewith return you the names of those who have been tried and convicted by court-martial for desertion from the Confederate service and taken with arms in hand, “duly enlisted in the Second North Carolina Infantry, U S Army.” They have been duly executed according to law and the custom of war.

Your letter and list will, of course, prevent any mercy being shown any of the remaining number, should proper and just proof be brought of their having deserted the Confederate colors, many of these men pleading in extenuation that they have been forced into the ranks of the Federal Government.

Extending to you my thanks for your opportune list,

I remain, very respectfully, your obedient servant,
G. E. PICKETT

He did it, too.

The Confederate chaplain John Paris recounted for his side’s press the scene, a baker’s dozen of men on a large platform, heads sacked, an unknown cross-eyed executioner waiting to strip the bodies of their clothes as payment. Most were local boys, dying shockingly under the eyes of their own family and acquaintances. Reportedly, a number of shaken Confederate soldiers deserted to New Bern after witnessing the scene.

The thirteen marched to the gallows with apparent resignation. Some of them I hope were prepared for their doom. Others I fear were not. On the scaffold they were all arranged in one row. At a given signal, the trap fell, and they were in eternity in a few moments. The scene was truly appalling. But it was as truly the deserters doom. Many of them said I never expected to come to such a end as this. But yet were deserters, and as such they ought to have expected such a doom. The names of these misguided men were, John I Brock, Wm. Haddock, Jesse Summerlin, A I Brittain, Wm. Jones, Lewis Freeman, Calvin Huffman, Stephen Jones, Joseph Brock, Lewis Taylor, Charles Cuthrell, W. C. Daughtry and John Freeman.

…

The knell of vengeance has sounded. … deserters in North Carolina must now open their eyes, from the mountain to the seaboard. Desertion has become in our army a desperate disease, and desperate cases require desperate remedies. Let fathers, mothers, brothers, sisters and wives, exhort their friends at all times to be faithful to their country under all circumstances.

In all, 22 alleged deserters hanged over the course of February in this affair, the 13 executed together on February 15 obviously accounting for the lion’s share. The incident is the likely inspiration for the novella published later in 1864 by a Confederate North Carolina cavalryman: The Deserter’s Daughter; most certainly, Kinston made the rounds in the North to great indignation.

And an event so notorious was bound to draw attention with the end of the war: even in 1864, the New York Times had editorialized demanding “instant and relentless retaliation … there could be no such thing as acquiescence or empty protest. Even if the Government could bring itself to this abject mood, the public indignation would not tolerate it.” Officers who had been stationed at New Bern did not neglect to keep this sentiment alive in the chain of command, pushing for punitive action to avenge their former comrades.

In the end, there would be none.

Playing it safe, Pickett skipped out for Canada (and even changed his appearance) in 1865 as a board appointed by Secretary of War Edwin Stanton opined that he and other parties to the hangings were “guilty of crimes too heinous to be excused by the United States government … there should be a military commission immediately appointed for [their] trial … to inflict upon [them] their just punishment.” That was especially so as it emerged that some of the hanged had “deserted” from stuff like bridge guards and state militias — not (in the view of prosecution-minded Unionists) the Confederate army proper.

But as the investigations continued into 1866, they zeroed in on Pickett as their specific target. And, they ran out of steam — or into a stone wall.

In 1866, Pickett appealed from exile to Ulysses S. Grant, who just so happened to be an old West Point chum of Pickett’s.* “Certain evil disposed persons,” Pickett wrote, “are attempting to re-open the troubles of the past.” With the Supreme Court’s Ex parte Milligan ruling, the prospect of a military tribunal evaporated.

Grant had the case shelved, even against Congressional appeals, until everybody just gave up and dropped it. “I do not see how good, either to the friends of the deceased, or by fixing an example for the future, can be secured by his trial now,” Grant said once of his old associate. Plus ça change.

Pickett lived until 1875, selling insurance without legal molestation but also shadowed by the dark cloud of Kinston. After his death at age 50, his wife went on to rehabilitate Pickett’s reputation in the popular eye.

But not in every eye.

As late as the turn of the century, a veteran’s polemic was dedicated to excoriating not only Pickett, but Grant and the Union men who had declined to punish him.

We’ve only outlined the Kinston story in this post, but much more detailed narratives can be found at:

* In fairness to U.S. Grant, we are bound to report his stated reason for opposing any prosecution of Pickett: it would violate the grant of clemency he himself had made to secure General Lee’s surrender at Appomattox.

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1688: Philip Standsfield

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Oh Gentlemen, see, see dead Henrys wounds,
Open their congeal’d mouthes, and bleed afresh.
Blush, blush, thou lumpe of fowle Deformitie:
For ’tis thy presence that exhales this blood
From cold and empty Veines where no blood dwels.
Thy Deeds inhumane and unnaturall,
Provokes this Deluge most unnaturall.

–Lady Anne Neville in Shakespeare’s Richard III

There long persisted superstition* of ancient vintage that the wounds of a murder victim will bleed in the presence of the murderer.**

This date in 1688 saw the execution in Edinburgh of one Philip Standsfield (sometimes Stansfield or even Standfield) for parricide, his conviction being secured in part by the supposed accusation of his father’s corpse.

The prodigal firstborn of James Standsfield was an incorrigible scoundrel, and the state had a considerable circumstantial case to the effect that said scoundrel finally popped the old man to prevent disinheritance. (It also appeared that he’d tried to do it other times over the years.)

Circumstantial evidence is nice.

But how about some forensic evidence to really cinch a conviction? No DNA evidence here in the 17th century, so maybe something a little more … supernatural?


From A True Relation of a Barbarous Bloody Murther etc., available here.

The King’s Advocate insisted — over the objections of a defense attorney that “it was a superstitious observation, founded neither upon law nor reason” — that the corpse’s having bled on Philip Standsfield but none of the others in his party simultaneously attempting to move it “he must ascribe … to the wonderful Providence of God, who in this manner discovers murder.”

Divine forensics. That’s even better than the arson evidence Texas used to kill Cameron Willingham.

And it had the same result, to wit,

the said Philip Standsfield to be taken upon Wednesday next, being the 15th of February instant, to the Market-cross of Edinbrugh, and there, betwixt two and four o’clock in the afternoon, to be hanged on a gibbet till he be dead, and his tongue to be cut out and burnt upon a scaffold, and his right hand to be cut off and affixed to the east port of Haddingtoun, and his body to be carried to the Gallowlie betwixt Leith and Edinburgh, and there to be hanged up in chains; and ordains his name, fame, memory, and honours to be extinct, his arms to be riven forth and delete out of the books of arms …†

Well, you get the idea. Executed Today would like to apologize to the dempster of Edinburgh for keeping Philip Standsfield’s name, fame, and memory alive.

In our defense, we are hardly the only ones: this is thought to be the last time that Scottish law employed the bleeding-corpse “test”.

* Some other instances of purported “bleeding at the touch” may be perused here.

** In a 1927 piece in the Journal of the American Institute of Criminal Law and Criminology, Canadian jurist William Renwick Riddell says this folk belief “was wide spread and is not dead yet” and offers in a footnote (perhaps by way of explaining his interest) that “when at the Bar, I was once offered such evidence by my client; but I declined to use it.”

† The execution was botched, and the gibbeted body illicitly pulled down and tossed in a ditch — which is where the elder Standsfield’s had been discovered.

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1979: Four Generals of the Shah

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Shortly before midnight this date in 1979, Iranian royalist Generals Mehdi Rahimi, Reza Naji, Manuchehr Khosrodad, and Nematollah Nassiri were shot in a Tehran school courtyard after a snap trial by the newborn Iranian revolutionary regime.

General Mehdi Rahimi.

The Iranian Revolution had only just overthrown the remains of the absconded Shah’s regime; the country observes the “Decade of Fajr” over the first 11 days of February, commemorating the “Dawn” of the Islamic Republic from the return of Ayatollah Khomeini to the fall of the luckless loyalists installed by Pahlavi on his way out the door.

In this uncertain situation, the new regime seized its newfound authority … violently.

General Rahimi — probably the most voluptuously eulogized of the bunch — still pulls tribute for his loyalty to the collapsing monarchy, and his salute to the Shah even when in revolutionary custody.

Lower-profile to posterity, Naji had once governed Isfahan under martial law; Khosrodad was a general of the air force; and Nassiri headed the hated secret police SAVAK.

All were convicted of the catch-all charge of “corruption on earth” (just imagine what they’d do with the banksters!), and upon a quick confirmation of sentence from Khomeini, immediately shot. (Their property was also confiscated.)


See? Shot.

The notorious hanging judge who chaired the drumhead tribunal later recalled in his memoirs

The first people I tried and punished for their deeds were Nematollah Nasiri, head of SAVAK, and Khosrodad, air force commander; Naji, martial law administrator of Esfahan, and Rahimi, martial law administrator of Tehran and head of police force. … All the people who were sentenced to death by the Revolutionary Tribunals were the best examples of ‘corruptor on earth’ and they were executed as such.

A Corruptor on earth is a person who contributes to spreading and expanding corruption on earth. Corruption is what leads to the decline, destruction and the deviation of society from its nature. People who were executed had strived in spreading corruption and prostitution, circulating heroin, opium and licentious behavior, atheism, murder, betrayal, flattery, and, in sum, all these vile qualities. These people’s problems were aggravated by the fact that they did not repent once they saw the people’s revolution.

I believed at the time, and I still believe, that all the parliamentarians and senators, all governors, heads of SAVAK and police, who held office after 1963 and the Imam’s boycott, should be sentenced to death. High-ranking ministry officials who were instrumental in the survival of the [Shah’s] apparatus and who, for getting close to the Shah and his family, would accept any humiliation are all convicted (condemned).

To sum up, all the people that I condemned and who were executed in the early days of the establishment of the Revolutionary Tribunals and later in the Qasr prison were all corruptors on earth and, based on the Quran, their blood was a waste.

(The executions were announced on February 16, and that date is sometimes cited as the execution date. Feb. 15 appears to be more strongly attested to me. Whatever the clock said, these men’s deaths marked the start of a juridical bloodbath.)

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1573: Matija Gubec, peasant revolt leader

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On February 15, 1573, the brief but scintillating career of insurrectionary Matija Gubec came to a brutal end when he was publicly tortured to death in Zagreb.


You know what they say about the size of a man’s feet: Matija Gubec about to be crowned with a red-hot iron ringlet and quartered.

Gubec emerged from (to us, at least) obscurity to leadership of a short-lived peasant uprising in Croatia against Franjo Tahi (Croatian Wikipedia link), your basic feudal tyrant.

Although put down inside of two weeks, this revolt and its personification in Gubec have endured as potent national symbols in Croatia.

In the revolutionary 20th century, both left and right claimed Gubec’s standard as their own: a multiethnic company of Yugoslav volunteers fought under his name in the Spanish Civil War, as did multiple partisan units during World War II who took inspiration in his peasant class uprising. By contrast, the Ustasha conceived Gubec as

one man, who was not the exponent of any class, but … a reflection of an entire nation’s beliefs.*

Fascist and communist alike can jam to the rock opera Gubec Beg.**

* See Pavlakovic, Vjeran (2004) ‘Matija Gubec Goes to Spain: Symbols and Ideology in Croatia, 1936-1939’, The Journal of Slavic Military Studies, 17:4, 727 — 755.

** According to Pavlakovic, Gubec’s real given name is unknown and birth records suggest it might have been “Ambroz”. He was known as “Gubec called Beg,” using the Turkish term for a lord.

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