1959: John Day Jr., Korean War casualty

Add comment September 23rd, 2020 Headsman

From Legal Executions in Nebraska, Kansas and Oklahoma Including the Indian Territory: A Comprehensive History:

Day, John E., Jr.
September 23, 1959

On December 23, 1950, twenty-two-year-old John E. Day, Jr., a black private serving in Korea, made sexual advances toward the wife of Korean civilian Lee Hak Chum, sometimes given as Lee Mak Chun, in Seoul. Chum came to her defense but Day pulled a pistol and shot Chum to death. Day was immediately arrested, and in January 1951 he faced a general court-martial. Day was found guilty of murder and on October 1, 1951, he was sentence to hang at Fort Leavenworth, the first American to receive a death sentences during the Korean conflict. He was transported to the disciplinary barracks at Fort Leavenworth while the case was under review. The verdict and sentence were approved by the general staff and then the appeals process commenced. The case was considered numerous times but finally the U.S. Supreme Court, after eight years, approved the verdict and sentence, and the matter was forwarded to President Dwight D. Eisenhower. The president carefully considered the matter before issuing an executive order to proceed with the execution and set the date for execution at September 23, 1959.

Just before midnight Commandant Colonel Weldon W. Cox appeared at the cell door and escorted Day into the power plant building and onto the gallows platform. The prisoner took his place on the trapdoor where Colonel Cox read the warrant for execution of sentence. When the reading concluded Day declined to speak to the witnesses, and, while the chaplain prayed for his soul, Colonel Cox retired and turned preparations over to three sergeants. While the chaplain continued praying the three sergeants bound the prisoner’s limbs with straps, adjusted the noose, and pulled the black cap over his head. At 12:02 a.m. the trap was sprung and Day dropped, breaking his neck in the fall. An Army physician was in attendance and he pronounced Day dead in fifteen minutes, and then the remains were lowered into the coffin provided. He was buried in the military portion of the cemetery later that day.

Sources: Daily Herald (Utah County, UT): September 23, 1959. Dallas Morning News (TX): September 25, 1959.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Kansas,Korea,Murder,Occupation and Colonialism,Racial and Ethnic Minorities,South Korea,U.S. Federal,USA

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