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1964: James Coburn, George Wallace’s first death warrant

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James Coburn was electrocuted on this date in 1964 in Alabama’s “Yellow Mama”.

He’d been condemned for a Dallas County robbery … and only for that. He has the distinction of being the very last human being executed in the United States for any non-homicide crime; at a stretch one could perhaps reckon him the most distant echo of the Anglosphere’s long-ago “Bloody Code” days, when the sturdy Tyburn tree strained with mere burglars and pickpockets.

Such draconian laws were not enforced in England any more, not for a very long time. (Great Britain abolished the death penalty for purely property crimes in the 1830s.) In fact, the last British executions for any kind of crime at all had occurred weeks before Yellow Mama destroyed James Coburn for robbery.

Presiding over this anachronistic penal event was a knight of the nascent American reaction: Alabama Governor George Wallace. He’d been sworn in just the previous year with the infamous vow, “segregation now, segregation tomorrow, segregation forever!”

Coburn’s was the first death warrant to bear Governor Wallace’s signature, but it’s a small surprise that it was the first of just four — considering that Wallace served 16 total years in three separate stints as a conservative executive in a southern state.

One reason was simply because, like his contemporary Ronald Reagan, Wallace’s political star reached its height during the the death penalty’s late sixties to early eighties lull.

But another is that, despite musing inclusively about “a lot of bad white folks and a lot of bad black folks who ought to be electrocuted,” Wallace nurtured gnawing doubts about capital punishment that seem to have grown throughout his strange career.

As a young law student, Wallace had assisted a capital defense for a man who had murdered his wife by dynamiting the house — the charge “blew her through the roof, and she fell down a mass of meat,” in Wallace’s words. The defense seemed hopeless, but Wallace conjured a strategy to keep this particular bad white folk out of the electric chair.

One morning before court opened, just as Beale and Wallace thought all was lost, a relative brought the defendant’s son to see his father. “He was about ten or eleven,” Wallace remembered, “but he looked younger than that. He was a sallow-looking boy, like he had hookworms, and he ran over to his daddy when he came into the courthouse and hugged him and kissed him.” Wallace, who witnessed the scene, told Beale they could use the boy to try to whip up some sympathy among the jurors. Beale agreed; the two took the boy into a room, and Wallace asked him if he understood what was going on. “Do you understand that people in that courtroom are asking that your daddy be electrocuted? That they want to do away with him? Do you understand that?” And Wallace said that every time he would mention it, the boy would break down and cry. So Wallace sat the boy right behind the defendant’s table. “Every time Attorney Beale was asking questions of a witness,” Wallace said, “I would lean over and whisper to this young boy, ‘Son, they’re trying to kill your daddy.’ He would immediately break down in sobs, and the judge would have to recess the court.”

After the testimony concluded, Beale addressed the jury on the circumstantial nature of the state’s evidence; then he asked Wallace to make a final statement for the defense. “I pinned it all on the boy,” Wallace recalled. “I put my arms around him and I said, ‘Now listen, this fellow here has nobody left in the world but his father. His father is no good, he’s no account — but his son still loves him; you saw that in the courtroom. So I am pleading with you for this boy. Save his daddy’s life so he’ll have somebody in the world who loves him, even though he’s in prison.'” The prosecutor had asked for the death penalty, Wallace told the jury. “He said, ‘If anybody deserves the electric chair, this man deserves it.’ If we were trying this man on whether he is a sorry, no-good individual, I would agree: he’s no good; he’s no account; he’s killed his wife for no good reason. But I ask you to let this man live so the son will still have a father.” Wallace then brought the boy to the jury box and said: “Gentlemen, think of this child when you are making that decision. He comes from a poor family. He has not had many good things in life. But he still loves his daddy, whether or not he has committed this horrible crime. I plead with you for this little boy.” After the judge’s charge, Wallace and Beale went to a cafe, but they had barely finished a cup of coffee when the bailiff rushed over and told them the jury was coming back in. “We find the defendant guilty,” the foreman said, “and we fix his punishment at life in prison.” Wallace was elated — so much so that he refused the hundred-dollar fee that Beale offered him. “I would have given you a hundred dollars for the experience this gave me,” he told Beale.

–George Wallace: American Populist

Cynical, sure. (Even Wallace’s ultra-segregationist persona was cynical, adopted after he lost an earlier election as the moderate running against a Klan-endorsed opponent.) But whatever his other faults, he genuinely didn’t seem to delight in the executioner, and by the end of his life his acquaintance with this character had put him in fear for his soul.

Governor Wallace signed one other death warrant in 1965, and — after an interim of three presidential bids on the white ressentiment ticket plus a near-assassination that left him wheelchair-bound — found himself governor again in the 1980s. The first death cases under the “modern” Alabama law that Wallace himself had signed in 1975 were just then beginning to reach the end of the line.

And we find, via this post channeling Evan Mandery’s A Wild Justice: The Death and Resurrection of Capital Punishment in America, that Wallace was agonized before doing what he was always going to do.

George Wallace was beginning his final term as Alabama’s governor when he was asked to sign [John Louis] Evans’s death warrant. Wallace’s notoriety, of course, rests primarily on the day in 1963 that he stood in a doorway at the University of Alabama to keep black students out. But it is also worth noting that his 1968 third-party presidential campaign perfected the “tough-on-crime” sloganeering that would dominate much of American electoral politics into the 1990s.

Privately, George Wallace had long harbored doubts about capital punishment. In 1964, he told his law clerk that he thought it should be ruled unconstitutional. By 1983, Wallace had survived a shooting, converted to born-again Christianity, and recanted his segregationism. In Mandery’s words, his “reservations about the constitutionality of capital punishment had evolved into full-blown opposition.” The night before Evans was due to be executed, Wallace telephoned his lieutenant governor “in tears,” Mandery recounts. Wallace said that “he had been up all night ‘praying the Bible,’ and couldn’t bring himself to sign the warrant.” That lieutenant governor was the former law clerk, Bill Baxley,* with whom Wallace had shared his reservations 20 years before. Baxley was a liberal Democrat — as Alabama’s attorney general, he had earned the wrath of the Ku Klux Klan for his investigation and prosecution of civil rights cases — who supported the death penalty. He convinced George Wallace that there was no political choice but to sign the warrant … Evans was strapped into an electric chair and, after two botched jolts that left him burned but alive, was shocked to death on the state of Alabama’s third attempt.

* Baxley is famous for investigating a notorious 1963 church bombing, and relatedly for deploying Alabama state letterhead in one of its very best uses ever.

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