1873: James Connor

The Capital Punishment UK Facebook page exhumes a ghastly artifact for us in the form of the September 8, 1873 hanging of James Connor at Kirkdale Gaol … and then his second hanging moments later.

A former boilermaker and sometime prizefighter, Connor had accosted a woman on the street with an aggressive proposition, then come to blows with the good Samaritans who attempted to intervene. One of them died from the blade wounds Connor dealt him; the other survived to firmly fix the identity of the rake.

That was on August 11, not even a full month before the man’s execution, and what was paid in haste was also surely paid in full after the stoical condemned instead of dropping to his death crashed into the side of the scaffold. According to the article shared by CPUK, it was not that the rope itself snapped but that “the splicing of the loop through which one end of the rope passes to form the noose had given way with the weight of the man.”

Either way, having built himself up to die game, Connor was somewhat unmanned at the horror spectacle of having his hood removed to behold prison officials scrambling to reset his gallows for a second pass. Per a broadside report,

After utterring [sic] a few deep groans he muttered to Warder Bradley, “What do you do this, do you call this murder?” The chaplain recommenced his ministrations, and entreated him in tremulous voice to keep up. At this point Connor, although suffering terrible physical pain, was heard to exclaim in a feeble voice, “After this you should let me off; surely this is enough. I stood it like a brick the first time.”

Of course, he had to stand it a second time too. Thankfully a third try was not required to accomplish the deed.

It was one of the last executions in the lengthy and botch-prone career of hangman William Calcraft, who was nearing his 73rd birthday at the time. Already he had was being surpassed in his art by the scientific professionalism of Marwood; by 1874, Calcraft was forced to hang up his brittle nooses for good.

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1961: Henryk Niemasz, the last hanged at Wandsworth

Wandsworth Prison hosted its 135th and final hanging on this date in 1961.

The star of the show was Henryk Niemasz, who became infatuated with a married woman and shot her dead when she refused to break up her marriage for him. Niemasz was also married himself, to a wife who surely deserved better given that Grypa Niemasz was willing to give her husband a fake alibi for the time he was off shotgunning his paramour.

The death penalty departed English shores in the 1960s, but the Wandsworth gallows was kept in working order until 1993, just in case. (It would have been in case of treason, which was the only remaining capital statute by then.)

The prison itself, which dates to 1851, remains in operation to this day. According to friend of the blog Another Nickel in the Machine, Wandsworth’s former condemned cell “is now used as a television room for prison officers.”

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1306: Simon Fraser, William Wallace comrade in arms

On this date in 1306, Scottish patriot Simon Fraser was drawn and quartered in London.

This Norman-descended lord was one of the side-switching nobles during the wars of William Wallace, but after completing the full circuit from Wallace to Edward I and back again, he unexpectedly decided to lash himself to St. Andrew‘s cross for good.

Perhaps he could tell where the wind was blowing, and not just for his historical reputation: Fraser’s former ally, “Red” Comyn, went down the other fork in the road, submitting himself to an irresistible English invasion the better to devote his energies to his longshot horse in the confusing Scottish regnal derby.

Comyn’s reward was to be personally daggered to death at the altar of Greyfriars Church by Robert the Bruce.

But no amount of royal sacrilege could arrest the popular fad for cutting a deal, and as celebrated in this History of the Frasers,

Every man of influence in the Kingdom, except Sir Simon Fraser, Sir William Wallace, and the band of patriots who comprised the garrison of Stirling, followed the example of Cumming [Comyn] … The patriots were proclaimed outlaws and their estates forfeited, and they ultimately sacrificed their noble lives in the undying service of their country. The redoubted Sir William Wallace continued most deservedly to be the idol of his countrymen for the glorious part which he took in establishing the independence of his fatherland, but “if to him be due the glory of being the first to awaken Scotland from her ignominious slumber, his efforts were nobly seconded by Sir Simon Fraser, who alone of the aristocracy was disposed to view with envy the merit which called his hero to command.”

Fraser outlived Wallace by a year, persisting in the field “bold as Caesar” which supposedly led a couple of Scottish knights imprisoned in the Tower to cockily wager their heads that the English would never corral him.*

Fraser suffered the torment of being hanged and cut down still alive for beheading, the spectacle of a double death (with the disemboweling part mercifully saved for posthumous application). His head was set on a spike on London Bridge beside Wallace’s, and his mangled trunk hung in chains under guard lest any soul sensitive to Scotch nationalism or mephitis should undertake to cut it down.

For all that he’s not even the most famous Simon Fraser to be executed by the English.

* Edward collected his prize; you can read all about it as an aside in this ballad on the execution of Fraser.

Sire Herbert of Morham, feyr knyht ant bold,
For the love of Frysel ys lyf wes ysold.
A wajour he made, so hit wes ytold,
Ys heued of to smhyte yef me him brohte in hold,
Wat so bytyde.
Sory wes he thenne,
Tho he myhte him kenne
Thourh the toun ryde.

Thenne seide ys scwyer a word anon-ryht:
“Sire, we beth dede; ne helpeth hit no wyht!”
(Thomas de Boys the scwyer wes to nome.)
“Nou Ychot oure wajour turneth ous to grome,
So Y bate!”
Y do ou to wyte,
Here heued was ofsmyte
Byfore the Tour gate.

Sir Herbert of Morham, a fair and bold knight,
For the love of Fraser his life was sold.
A wager he made, as it was told,
To have his head cut off if they captured Fraser,
Whatever betide.
Sorry was he then,
When he might see him
Ride through the town.

Then his squire spoke a word immediately:
“Sir, we’re dead; there’s no creature to help us!”
(Thomas de Bois was the squire’s name.)
“Now I know that our wager brings us to harm,
So my courage ends!”
I give you to know,
Their heads were cut off
Before the Tower gate.

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1914: Thomas Highgate, the first shot in the Great War

The British military shot 306 soldiers for desertion or cowardice during World War I, but the very first of them was 19-year-old Thomas Highgate on September 8, 1914.

This Kent farmhand and former seaman had enlisted back in 1913, before the world fell apart and that meant that even though Highgate was a trained up and ready to go when the Queen’s Own Royal West Kent Regiment deployed to France as part of the British Expeditionary Force. Young Master Highgate had the honor of participating in the first British engagement of the Great War, the Battle of Mons.

The ensuing Retreat from Mons scrambled the BEF, sprinkling the French countryside with stragglers, though there is little evidence that these men represented a trend towards wholesale desertion as against the disorder inherent to the retreat. The horrors of trench warfare still lay in the (very near) future but perhaps British commanders who aspired to put the Hun to jolly rout were already shaken by the dawning reality of a long and inglorious slog.

“Everyone has a plan ’til they get punched in the mouth,” Mike Tyson once quipped. In Blindfold and Alone: British Military Executions in the Great War, Cathryn Corns and John Hughes-Wilson suggest that BEF Commander-in-Chief John French had become a bit unmanned by the punches the Germans had thrown at his beautiful army* and fired off the memo that would doom Thomas Highgate in an embarrassed panic.

The C in C views with grave displeasure the straggling which still continues … and has reason to think that in certain cases sufficient effort is not being made to rejoin units. … All ranks will in the event of being detached from their units use every effort to [rejoin] … and [will face] severe punishment if there is reason to suppose that every effort has not been made.

“I have the feeling that what we are looking at here is a crisis of confidence amongst the senior officers and not necessarily anything to do with Highgate himself,” said historian Julian Putkowski, author of Shot at Dawn: Executions in World War One by Authority of the British Army Act.

On September 5, Highgate slipped away from his unit to relieve himself, then just stayed away. “I got strolling about, went down into a farm, lay down in an empty house,” he would explain to his court-martial. (For whom Highgate’s inability to account for doffing his military duds played very ill.**) A few hours later, he had the rum luck to be found by a manor gamekeeper who happened to be a former British soldier. “I have lost my army,” Highgate declared, “and I mean to get out of it.” The private suggested to his judges that the sense of this remark was to express his intent to return (i.e., get out of the barn).

The court martial didn’t buy it: here was the public example to make as a sop to the boss’s anti-straggling ukase. There was little time wasted.

Highgate was condemned on the 6th, the death sentence endorsed by superior officers on the 7th, and it was carried into effect on the morning of the 8th — Highgate having the benefit of only 47 minutes’ advance notice, just enough time to scribble a tear-jerking “will” leaving the remains of his salary due to a girlfriend in Dublin. His execution was published in army orders a few days later — a little warning to the rest of the team.

* French would be relieved of BEF command in 1916.

** Dressing in civvies reads pretty badly, but slumming in more comfortable French peasant gear too was a (disturbingly, to the brass) common indiscipline in these days. Adrian Gilbert in Challenge of Battle: The Real Story of the British Army in 1914 quotes a cross directive of Brig. Gen. Forestier-Walker: “No unauthorized articles of dress should be allowed. Articles of civilian pattern are absolutely prohibited … The crime of throwing away clothing must be severely dealt with.” To be fair, Forestier-Walker had in mind ad hoc amendments to the gear, like tossing the army cap in favor of a shady straw hat, more so than wholesale wardrobe changes.

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1292: Johann de Wettre, medieval Europe’s first documented sodomy execution

On this date in 1292, Johann de Wettre, “a maker of small knives,” was condemned to die at Ghent for sodomy.

De Wettre was consequently (whether on September 8 or subsequently) “burned at the pillory next to St. Peter’s” in what appears to be the earliest documented execution of homosexuality in Christian Europe. Whether he was a habitual or a one-time offender, how he was detected and prosecuted, and the fate of his male partner — all of these are obscure.

One can safely suppose that de Wettre was not the first European executed for sodomy; perhaps the scanty lines we have of his death are only fortuitously preserved because he suffered his very public fate in one of Europe’s largest and most prosperous cities.

However accidental, de Wettre’s stake is a landmark for Christendom’s emerging conception of same-sex desire as not only a capital crime, but a downright existential threat.*

No matter what Leviticus might say on the subject, the late Middle Ages furnish no documented examples of official persecutions but a rich corpus of same-sex literary amour, often penned by monks — a class of men whose debauchery (real or alleged) would come to invite violent attacks in the coming centuries.

O would that I had been my own messenger
Or been that letter which your hand softly touched;
And tht I had had then the same power to feel I have now,
And that you could ot recognize me until I wanted you to.
Then I would have explored your face and spirit as you read,
That is, if I could have restrained myself long enough.
The rest we would have left to nature and the gracious gods.
For God is readier than man to grant indulgence.

Baudri of Bourgueil, the eventual bishop of Dol-en-Bretagne (via Rictor Norton)

Horace composed an ode about a certain boy
Whose face was so lovely he could easily have been a girl,
Whose hair fell in waves against his ivory neck,
Whose forehead was white as snow and his eyes black as pitch,
Whose soft cheeks were full of delicious sweetness
When they bloomed in the brightness of a blush of beauty,
His nose was perfect, his lips flame red, lovely his teeth —
An exterior formed in measure to match his mind.

Marbodius, bishop of Rennes (via Scott Bidstrup)

Now, the Church was still issuing plenty of edicts proscribing same-sex activity around this period, so whether or not the ability of these men and many others to produce overtly homoerotic verse while still prospering within the holy orders constitutes “toleration” is a lively scholarly debate. Suffice it to say that around the 12th and 13th centuries there was a social and legal shift underway from treating sodomy predominantly as a vice for personal penance, to treating it as, well …

If a sodomite had been executed, and subsequently several times back to life, each time he should be punished even more severely if this were possible: hence those who practice this vice are seen to be enemies of God and nature, because in the sight of God such a sin is deemed graver than murder, for the reason that the murderer is seen as destroying only one human being, but the sodomite as destroying the whole human race.

-Neapolitan jurist Lucas de Penna, Commentaria in Tres Libros Codicis (c. 1360) (via Johansson and Percy)

For this diabolical new construction of homosexuality Warren Johansson coined the term “the sodomy delusion”:** “a complex of paranoid beliefs … to the effect that non-procreative sexuality in general, and sexual acts between males in particular, are contrary to the law of Nature, to the exercise of right reason, and to the will of God and that sodomy is practiced by individuals whose wills have been enslaved by demonic powers.” It was a conception that would find its way into law and popular prejudice in the centuries following our Ghent knifemaker’s immolation — and would continue thereafter, evolving across revolutions† religious, political, and economic to shape public discourse about homosexuality down to the present day.

* And also a potent political weapon. Same-sex deviance featured prominently in the charges used to destroy the Knights Templar in 1307.

** Johansson explicitly sets “the sodomy delusion” alongside “the witchcraft delusion” and “the Judeophobic delusion” as analogous phenomena.

† A piquant coincidence: Thomas Cromwell, the great Henrician minister of state, when he fell shared the scaffold with the first man executed under England’s new (in the 16th century) Buggery Act.

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1971: Ishola Oyenusi, smiling to his death

On this date in 1971, the Nigerian robber Ishola Oyenusi — “smil[ing] to his death,” in the words of the next day’s paper — was publicly shot with his gang at Lagos Bar Beach.

Dubbed “the most dangerous criminal of this decade” even though the Seventies were barely underway, “Doctor” Oyenusi — as he liked to style himself — sprang out of the wreckage of the 1967-1970 Nigerian Civil War, a charismatic, cocksure gangster whose lordly disdain for the law cast the terrifying portent of social breakdown.

Beyond Oyenusi loomed a systematic collapse of order that long outlived him. In years to come, other celebrity crime lords would follow; eventually, armed robbery proliferated into a frightfully ubiquitous feature of life in Lagos. Maybe the Doctor smiled at the stake because he foresaw his legacy.

Disturbingly unable to combat the plague systematically, authorities would resort to occasional high-profile executions instead, provided, of course, that the culprit’s misappropriations were of the retail street-crime variety, rather than the fruits of wholesale corruption.

Oyenusi was never in the same universe with such exalted impunity as enjoyed by the masters of the state. He got into the robbery business back in 1959, boosting a car (and murdering its owner into the bargain) to make it rain for his broke girlfriend. While he eventually expanded his operations into a brutal syndicate, he was still just a hoodlum; the infamy that packed the Bar Beach with 30,000 fellow humans who booed and jeered Oyenusi to the stake was merely enough to make him worth the quashing. (He was condemned to death specifically for a raid on the WAHUM factory in March 1971 that also claimed the life of a police constable.)

Six members of Oyenusi’s crime ring went with him to the stake on the same occasion. An eighth man was also shot in the batch for an unrelated armed carjacking.

There is a 1977 film by Nigerian director Eddie Ugbomah based on this flamboyant gangster’s life, The Rise and Fall of Dr. Oyenusi.

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1686: Jonathan Simpson, merchant turned highwayman

Jonathan Simpson, hanged on this date in 1686, had a good many virtues to judge by the account of his life left by the Newgate Calendar.

He was, first, an enterprising man, who served his apprenticeship “with reputation” and then set up shop as a successful linen-draper in the city of Bristol.

This business enabled him to augment the fortune of his own business by marrying a merchant’s daughter — “but the union proved unhappy, because the young lady was before engaged in affection to a gentleman of less fortune in the neighbourhood, whom her father hindered her from having, and with whom she continued a familiarity that soon displeased her husband.”

Such a scenario has been the germ of many a denizen of this here blog, but Simpson didn’t reach the gallows doing anything as straightforward as murdering his rival or his spouse out of pique.

Instead — and the Calendar leaves the hows and whys of this translation unexplored — he channeled his jealousy into a crime spree. Maybe that’s just the writer’s projection: fella went around the bend, it must’ve been because of a woman. The Newgate Calendar, too, had a home life, and many was the Briton who dreamt of escaping the drudgery of it all for a life of adventure and romance making gentlemen stand and deliver.

At any rate, Simpson managed a career of 18 months on the road, burning through his linen-draper savings (and his highwayman “earnings”) to escape a couple of potential capital prosecutions. (At this time, criminal complaints were initiated by private prosecutions, meaning that a victim prepared to accept direct restitution could potentially be bought off pressing a case.)

This brings us to another of Simpson’s admirable qualities: his silver tongue.

One can only speculate how he wheedled his onetime victims behind closed doors to drop their suits. But the Newgate Calendar attests to the man’s wit under pressure once he was finally hauled to the fatal tree.

It turns out that Simpson did well in business because his family had done well in business before him, and dad staked him to £1,500 when the lad went into business himself. These prosperous burghers accordingly rallied to exert their own wealth and influence behind the scenes to obtain for their kin a timely commutation, delivered only “when he was at Tyburn, with the halter about his neck, and just ready to be turned off in company with several others.” Then bureaucracy happened.

When he was brought to the prison door, the turnkey refused to receive him, telling the officer that, as he was sent to be executed, they were discharged of him, and would not have anything to do with him again, unless there was a fresh warrant for his commitment; whereupon Simpson made this reflection: “What an unhappy cast-off dog am I, that both Tyburn and Newgate should in one day refuse to entertain me! Well, I’ll mend my manners for the future, and try whether I can’t merit a reception at them both the next time I am brought hither.”

That’s kind of funny, right? In a self-destructive braggadocio sort of way?

And then Simpson demonstrated a third quality that (in addition to dad’s money) helped him succeed in commerce before his midlife crisis: his phenomenal industry. Simpson, we are told, committed “above 40 robberies” in Middlesex in the six weeks after his reprieve, a healthy pace of one per day.

He robbed the powerful (our writer credits him with a successful stickup of the king’s own son); he robbed the hoi polloi (“the robberies he committed on drovers, pedlars, market-people, etc., were almost innumerable”); he robbed on ice skates;* when he was finally captured, it was by two captains of the Foot Guards whom he was also attempting to rob.

The man lived to rob. On this date in 1686, he finally died for it.

* The online text versions of the Calendar notice Simpson’s skatebourne pilfering during “the great frost of 1689, which held thirteen weeks,” obviously not chronologically correct relative to his execution date. This is an error, likely on the part of software somewhere along the line; the year in question should be 1684 (computers like to mix up fours and nines). 1684 was one of the longest and deepest winter freezes on record, leaving the iced-over Thames bustling with Londoners at the “Frost Fair”.


“[W]hat unheard of rendezvous is daily kept upon the face of [London’s] navigable river; what long and spacious streets of booths and tents are builded; what throngs of passengers, both horse and foot, do travel; what pyramids of provisions, baked, boiled, and roast; what deluges of wine, coffee, beer, ale, and brandy, for sale; what fleets of vessels sailing upon sledges; what troops of coaches, caravans, and waggons; what games and new invented sports and pastimes, bull-baiting, bear-baiting, &c.; together with shops for the vending of most sorts of manufactures and for working artificers, the account of which alone would require a volume to describe …” (Source)

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1812: Not Pierre Bezukhov, in War and Peace

On this date* in French-occupied Moscow of the War of 1812, many alleged arsonists — unnamed and unnumbered — were shot by Napoleon’s army in the ashes of Moscow.

Although real, flesh-and-blood Muscovites died, they are best known via their bespectacled fictional companion, Pierre Bezukhov, whose miraculous escape is one of the pivotal episodes of Tolstoy’s War and Peace.

Merely the greatest novel in history by some reckonings — we’ll just let Tolstoy fight it out with Dostoyevsky for top of table in the competitive 19th Century Russia literary scene — the epic War and Peace tracks that country’s transformation under the revolutionary pressures of the Napoleonic age.

In Russian director Sergey Bondarchuk’s sprawling cinematic adaptation of War and Peace, the part of Pierre Bezukhov is played by Bondarchuk himself.

Pierre Bezukhov (“without ears”) is one of the book’s central figures, the illegitimate son of a count who unexpectedly inherits, forever consumed with his next impulsive, passionate quest for meaning (boozing around, freemasonry, religion …).

Pierre finds himself present in Moscow when the Grande Armee rolls in following its Pyrrhic victory at the Battle of Borodino. His fancy of the moment is to assassinate Napoleon: “he suddenly felt that what before had seemed to him merely a possibility had now become absolutely necessary and inevitable. He must remain in Moscow, concealing his name, and must meet Napoleon and kill him, and either perish or put an end to the misery of all Europe.” And to think, a younger Pierre actually used to admire Napoleon.


Historically, the city of Moscow started burning as soon as the French occupied it. The reasons for this conflagration have been widely disputed; Tolstoy detours in War and Peace to characterize it as nothing more than the natural consequence of the occupation, when the city’s civil infrastructure has broken down and the everyday fires that spark in wooden buildings are more liable to grow out of control.

The French blamed terrorists.

A bulletin of the Grande Armee dated September 20 (Gregorian date; this corresponds to the Julian date September 8) reports on the successful efforts to bring arsonists to heel through the expedient of mass executions.

Three hundred incendiaries have been arrested and shot; they were provided with fuse six inches long, which they had between two pieces of wood: they had also squibs, which they threw upon the roofs of the houses. The wretch Rastapchin had these prepared, on the pretence that he wished to send a balloon, full of combustible matter, amidst the French army …

The fires subsided on the 19th and 20th; three quarters of the city are burned; among other palaces that beautiful one of Catherine, which had been newly furnished: not above a quarter of the houses remain. …

Manufactures were beginning to flourish at Moscow: they are destroyed. The conflagration of this capital will throw Russia one hundred years back. The weather is becoming rainy: the greatest part of the army is in barracks in Moscow.


In this paranoid occupation, the fictional Pierre, wandering Moscow armed without a good excuse, gets himself picked up by French troops.

The travail of his resulting drumhead trial offers the anti-authoritarian (and anti-death penalty) Tolstoy the opportunity to reflect on the “legal” arrangements, a passage Tolstoy dates September 8 on the Julian calendar — the same day that army bulletin above was penned.

[Pierre] learned that all these prisoners (he, probably, among them) were to be tried for incendiarism. On the third day he was taken with the others to a house where a French general with a white mustache sat with two colonels and other Frenchmen with scarves on their arms. With the precision and definiteness customary in addressing prisoners, and which is supposed to preclude human frailty, Pierre like the others was questioned as to who he was, where he had been, with what object, and so on.

These questions, like questions put at trials generally, left the essence of the matter aside, shut out the possibility of that essence’s being revealed, and were designed only to form a channel through which the judges wished the answers of the accused to flow so as to lead to the desired result, namely a conviction. As soon as Pierre began to say anything that did not fit in with that aim, the channel was removed and the water could flow to waste. Pierre felt, moreover, what the accused always feel at their trial, perplexity as to why these questions were put to him. He had a feeling that it was only out of condescension or a kind of civility that this device of placing a channel was employed. He knew he was in these men’s power, that only by force had they brought him there, that force alone gave them the right to demand answers to their questions, and that the sole object of that assembly was to inculpate him. And so, as they had the power and wish to inculpate him, this expedient of an inquiry and trial seemed unnecessary. It was evident that any answer would lead to conviction.

It’s only by Pierre’s chance ability to forge a human connection with the officer detailed to condemn him that he’s mysteriously, and arbitrarily, not sentenced to death — a fact that Pierre doesn’t even realize until he’s led out with the rest of the prisoners only to see that it’s “only” the others who are being shot. This is the narration at length from Book XII, Chapters 10-11.

On the eighth of September an officer- a very important one judging by the respect the guards showed him- entered the coach house where the prisoners were. This officer, probably someone on the staff, was holding a paper in his hand, and called over all the Russians there, naming Pierre as “the man who does not give his name.” Glancing indolently and indifferently at all the prisoners, he ordered the officer in charge to have them decently dressed and tidied up before taking them to the marshal. An hour later a squad of soldiers arrived and Pierre with thirteen others was led to the Virgin’s Field. It was a fine day, sunny after rain, and the air was unusually pure. The smoke did not hang low as on the day when Pierre had been taken from the guardhouse on the Zubovski rampart, but rose through the pure air in columns. No flames were seen, but columns of smoke rose on all sides, and all Moscow as far as Pierre could see was one vast charred ruin. On all sides there were waste spaces with only stoves and chimney stacks still standing, and here and there the blackened walls of some brick houses. Pierre gazed at the ruins and did not recognize districts he had known well. Here and there he could see churches that had not been burned. The Kremlin, which was not destroyed, gleamed white in the distance with its towers and the belfry of Ivan the Great. The domes of the New Convent of the Virgin glittered brightly and its bells were ringing particularly clearly. These bells reminded Pierre that it was Sunday and the feast of the Nativity of the Virgin. But there seemed to be no one to celebrate this holiday: everywhere were blackened ruins, and the few Russians to be seen were tattered and frightened people who tried to hide when they saw the French.

Pierre had been taken by one set of soldiers and led first to one and then to another place with dozens of other men, and it seemed that they might have forgotten him, or confused him with the others. But no: the answers he had given when questioned had come back to him in his designation as “the man who does not give his name,” and under that appellation, which to Pierre seemed terrible, they were now leading him somewhere with unhesitating assurance on their faces that he and all the other prisoners were exactly the ones they wanted and that they were being taken to the proper place. Pierre felt himself to be an insignificant chip fallen among the wheels of a machine whose action he did not understand but which was working well.

He and the other prisoners were taken to the right side of the Virgin’s Field, to a large white house with an immense garden not far from the convent. This was Prince Shcherbatov‘s house, where Pierre had often been in other days, and which, as he learned from the talk of the soldiers, was now occupied by the marshal, the Duke of Eckmuhl (Davout).

They were taken to the entrance and led into the house one by one. Pierre was the sixth to enter. He was conducted through a glass gallery, an anteroom, and a hall, which were familiar to him, into a long low study at the door of which stood an adjutant.

Davout, spectacles on nose, sat bent over a table at the further end of the room. Pierre went close up to him, but Davout, evidently consulting a paper that lay before him, did not look up. Without raising his eyes, he said in a low voice:

“Who are you?”

Pierre was silent because he was incapable of uttering a word. To him Davout was not merely a French general, but a man notorious for his cruelty. Looking at his cold face, as he sat like a stern schoolmaster who was prepared to wait awhile for an answer, Pierre felt that every instant of delay might cost him his life; but he did not know what to say. He did not venture to repeat what he had said at his first examination, yet to disclose his rank and position was dangerous and embarrassing. So he was silent. But before he had decided what to do, Davout raised his head, pushed his spectacles back on his forehead, screwed up his eyes, and looked intently at him.

“I know that man,” he said in a cold, measured tone, evidently calculated to frighten Pierre.

The chill that had been running down Pierre’s back now seized his head as in a vise.

“You cannot know me, General, I have never seen you…”

“He is a Russian spy,” Davout interrupted, addressing another general who was present, but whom Pierre had not noticed.

Davout turned away. With an unexpected reverberation in his voice Pierre rapidly began:

“No, monseigneur,” he said, suddenly remembering that Davout was a duke. “No, monseigneur, you cannot have known me. I am a militia officer and have not quitted Moscow.”

“Your name?” asked Davout.

“Bezukhov.”

“What proof have I that you are not lying?”

“Monseigneur!” exclaimed Pierre, not in an offended but in a pleading voice.

Davout looked up and gazed intently at him. For some seconds they looked at one another, and that look saved Pierre. Apart from conditions of war and law, that look established human relations between the two men. At that moment an immense number of things passed dimly through both their minds, and they realized that they were both children of humanity and were brothers.

At the first glance, when Davout had only raised his head from the papers where human affairs and lives were indicated by numbers, Pierre was merely a circumstance, and Davout could have shot him without burdening his conscience with an evil deed, but now he saw in him a human being. He reflected for a moment.

“How can you show me that you are telling the truth?” said Davout coldly.

Pierre remembered Ramballe, and named him and his regiment and the street where the house was.

“You are not what you say,” returned Davout.

In a trembling, faltering voice Pierre began adducing proofs of the truth of his statements.

But at that moment an adjutant entered and reported something to Davout.

Davout brightened up at the news the adjutant brought, and began buttoning up his uniform. It seemed that he had quite forgotten Pierre.

When the adjutant reminded him of the prisoner, he jerked his head in Pierre’s direction with a frown and ordered him to be led away. But where they were to take him Pierre did not know: back to the coach house or to the place of execution his companions had pointed out to him as they crossed the Virgin’s Field.

He turned his head and saw that the adjutant was putting another question to Davout.

“Yes, of course!” replied Davout, but what this “yes” meant, Pierre did not know.

Pierre could not afterwards remember how he went, whether it was far, or in which direction. His faculties were quite numbed, he was stupefied, and noticing nothing around him went on moving his legs as the others did till they all stopped and he stopped too. The only thought in his mind at that time was: who was it that had really sentenced him to death? Not the men on the commission that had first examined him — not one of them wished to or, evidently, could have done it. It was not Davout, who had looked at him in so human a way. In another moment Davout would have realized that he was doing wrong, but just then the adjutant had come in and interrupted him. The adjutant, also, had evidently had no evil intent though he might have refrained from coming in. Then who was executing him, killing him, depriving him of life — him, Pierre, with all his memories, aspirations, hopes, and thoughts? Who was doing this? And Pierre felt that it was no one.

It was a system — a concurrence of circumstances.

A system of some sort was killing him — Pierre — depriving him of life, of everything, annihilating him.

From Prince Shcherbatov’s house the prisoners were led straight down the Virgin’s Field, to the left of the nunnery, as far as a kitchen garden in which a post had been set up. Beyond that post a fresh pit had been dug in the ground, and near the post and the pit a large crowd stood in a semicircle. The crowd consisted of a few Russians and many of Napoleon’s soldiers who were not on duty- Germans, Italians, and Frenchmen, in a variety of uniforms. To the right and left of the post stood rows of French troops in blue uniforms with red epaulets and high boots and shakos.

The prisoners were placed in a certain order, according to the list (Pierre was sixth), and were led to the post. Several drums suddenly began to beat on both sides of them, and at that sound Pierre felt as if part of his soul had been torn away. He lost the power of thinking or understanding. He could only hear and see. And he had only one wish- that the frightful thing that had to happen should happen quickly. Pierre looked round at his fellow prisoners and scrutinized them.

The two first were convicts with shaven heads. One was tall and thin, the other dark, shaggy, and sinewy, with a flat nose. The third was a domestic serf, about forty-five years old, with grizzled hair and a plump, well-nourished body. The fourth was a peasant, a very handsome man with a broad, light-brown beard and black eyes. The fifth was a factory hand, a thin, sallow-faced lad of eighteen in a loose coat.

Pierre heard the French consulting whether to shoot them separately or two at a time. “In couples,” replied the officer in command in a calm voice. There was a stir in the ranks of the soldiers and it was evident that they were all hurrying — not as men hurry to do something they understand, but as people hurry to finish a necessary but unpleasant and incomprehensible task.

A French official wearing a scarf came up to the right of the row of prisoners and read out the sentence in Russian and in French.

Then two pairs of Frenchmen approached the criminals and at the officer’s command took the two convicts who stood first in the row. The convicts stopped when they reached the post and, while sacks were being brought, looked dumbly around as a wounded beast looks at an approaching huntsman. One crossed himself continually, the other scratched his back and made a movement of the lips resembling a smile. With hurried hands the soldiers blindfolded them, drawing the sacks over their heads, and bound them to the post.

Twelve sharpshooters with muskets stepped out of the ranks with a firm regular tread and halted eight paces from the post. Pierre turned away to avoid seeing what was going to happen. Suddenly a crackling, rolling noise was heard which seemed to him louder than the most terrific thunder, and he looked round. There was some smoke, and the Frenchmen were doing something near the pit, with pale faces and trembling hands. Two more prisoners were led up. In the same way and with similar looks, these two glanced vainly at the onlookers with only a silent appeal for protection in their eyes, evidently unable to understand or believe what was going to happen to them. They could not believe it because they alone knew what their life meant to them, and so they neither understood nor believed that it could be taken from them.

Again Pierre did not wish to look and again turned away; but again the sound as of a frightful explosion struck his ear, and at the same moment he saw smoke, blood, and the pale, scared faces of the Frenchmen who were again doing something by the post, their trembling hands impeding one another. Pierre, breathing heavily, looked around as if asking what it meant. The same question was expressed in all the looks that met his.

On the faces of all the Russians and of the French soldiers and officers without exception, he read the same dismay, horror, and conflict that were in his own heart. “But who, after all, is doing this? They are all suffering as I am. Who then is it? Who?” flashed for an instant through his mind.

“Sharpshooters of the 86th, forward!” shouted someone. The fifth prisoner, the one next to Pierre, was led away- alone. Pierre did not understand that he was saved, that he and the rest had been brought there only to witness the execution. With ever-growing horror, and no sense of joy or relief, he gazed at what was taking place. The fifth man was the factory lad in the loose cloak. The moment they laid hands on him he sprang aside in terror and clutched at Pierre. (Pierre shuddered and shook himself free.) The lad was unable to walk. They dragged him along, holding him up under the arms, and he screamed. When they got him to the post he grew quiet, as if he suddenly understood something. Whether he understood that screaming was useless or whether he thought it incredible that men should kill him, at any rate he took his stand at the post, waiting to be blindfolded like the others, and like a wounded animal looked around him with glittering eyes.

Pierre was no longer able to turn away and close his eyes. His curiosity and agitation, like that of the whole crowd, reached the highest pitch at this fifth murder. Like the others this fifth man seemed calm; he wrapped his loose cloak closer and rubbed one bare foot with the other.

When they began to blindfold him he himself adjusted the knot which hurt the back of his head; then when they propped him against the bloodstained post, he leaned back and, not being comfortable in that position, straightened himself, adjusted his feet, and leaned back again more comfortably. Pierre did not take his eyes from him and did not miss his slightest movement.

Probably a word of command was given and was followed by the reports of eight muskets; but try as he would Pierre could not afterwards remember having heard the slightest sound of the shots. He only saw how the workman suddenly sank down on the cords that held him, how blood showed itself in two places, how the ropes slackened under the weight of the hanging body, and how the workman sat down, his head hanging unnaturally and one leg bent under him. Pierre ran up to the post. No one hindered him. Pale, frightened people were doing something around the workman. The lower jaw of an old Frenchman with a thick mustache trembled as he untied the ropes. The body collapsed. The soldiers dragged it awkwardly from the post and began pushing it into the pit.

They all plainly and certainly knew that they were criminals who must hide the traces of their guilt as quickly as possible.

Pierre glanced into the pit and saw that the factory lad was lying with his knees close up to his head and one shoulder higher than the other. That shoulder rose and fell rhythmically and convulsively, but spadefuls of earth were already being thrown over the whole body. One of the soldiers, evidently suffering, shouted gruffly and angrily at Pierre to go back. But Pierre did not understand him and remained near the post, and no one drove him away.

When the pit had been filled up a command was given. Pierre was taken back to his place, and the rows of troops on both sides of the post made a half turn and went past it at a measured pace. The twenty-four sharpshooters with discharged muskets, standing in the center of the circle, ran back to their places as the companies passed by.

Pierre gazed now with dazed eyes at these sharpshooters who ran in couples out of the circle. All but one rejoined their companies. This one, a young soldier, his face deadly pale, his shako pushed back, and his musket resting on the ground, still stood near the pit at the spot from which he had fired. He swayed like a drunken man, taking some steps forward and back to save himself from falling. An old, noncommissioned officer ran out of the ranks and taking him by the elbow dragged him to his company. The crowd of Russians and Frenchmen began to disperse. They all went away silently and with drooping heads.

“That will teach them to start fires,” said one of the Frenchmen.

Pierre glanced round at the speaker and saw that it was a soldier who was trying to find some relief after what had been done, but was not able to do so. Without finishing what he had begun to say he made a hopeless movement with his arm and went away.

* It’s our practice (although we’re sure it’s been violated here and there) to utilize Gregorian dates universally after the mid-18th century, even for executions in Orthodox Christendom where the Julian calendar prevailed into the 20th century. For this post, seeing as it’s straight from the text of Tolstoy himself, in his magnum opus, channeling the soul of the Russian rodina, we’re making an exception: the 12-day-slower, local-to-Russia Julian calendar prevails … just like the Russians themselves did.

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1999: Double execution in Arkansas

On this date in 1999, Arkansas went retro with the double execution of Mark Gardner and Alan Willett.

Time was that the multiple-execution format was one of the standard guises of capital punishment in America as elsewhere in the Anglo world back to the Tyburn tree and well before.

Not uncommonly a party of malefactors — like the Lincoln assassination conspirators, the Rosenbergs, or Sacco and Vanzetti — would all get their deserts together, symbolically tying up the crime. So too the convenience of the state, or its interest in an impressive show of force, could put together a group hanging just for the whole effect.

The scaffold scaled up easily, of course, but even some more modern devices — like the two-seater California gas chamber — were constructed with committee sessions in mind.

For whatever reason, Arkansas really cottoned to this format in the Nineties. It carried out a double execution on May 11, 1994, and two separate triple executions on August 3, 1994 and January 8, 1997. Volume packages account for nearly half of the 21 Arkansan executions in that decade.*

But the operational efficiency of killing people in multiples inevitably bowed in the more deliberate modern era to the overriding inefficiency of its supporting judicial process. Rare would be the day — especially for a smaller state like Arkansas — when more than one prisoner exhausted remedies at the same time, even if they’d begun their legal journey as parties to the same crime.

In this late degenerate age, whatever rationales may once have existed for group executions have faded well away. The double execution this date in 1999 was at best a minor public relations flourish, and there wasn’t any symbolic import at all. The two culprits were completely unconnected:

  • Mark Gardner, a career criminal out on parole who had slaughtered a family in order to rape their daughter and steal their valuables (last meal: fried shrimp, grilled salmon, garden salad, and chocolate cake with a Coke);**
  • Alan Willett, a guy who killed his own son and mentally impaired brother, then dropped appeals to volunteer for execution (last meal: beef jerky, barbecue-flavored potato chips, onion dip, garlic dip, buttered popcorn, and Pepsi)

The volunteer aspect helped make the twofer scheduling happen, but to what end? A “double execution” here really means two individual executions back-to-back, each one with its own witness room, its own set of last-minute appeals, its own dose of poison. So why bother coordinating execution dates when there are already so many other moving pieces in the machinery of death? It’s just bad engineering

So this date’s exercise was the last multiple execution in the United States save one. In 2000, the absolute high-water mark for execution pace in the country’s busiest death chamber, Texas injected Oliver Cruz and Brian Robertson on the same day, Aug. 9. That’s the last multiple-execution to date in the U.S.

Arkansas actually made a bid to conduct another one in 2004. Condemned prisoner Karl Roberts, like Willett a volunteer, picked up his appeals at the last moment and remains on death row to this day; the state had to settle for one out of two.

* All these dates and figures per the Death Penalty Information Center’s handy searchable executions database.

** Gardner piously anticipated “a never-ending feast” at “the Lord’s supper” in his last statement, but his worldly appetites were less transcendental. He was accused of rape by his neighbor on death row: Damien Echols.

Echols was one of the West Memphis Three convicted for a supposedly occult triple homicide during the late gasps of America’s infantile Satanism panic. This case became a cause celebre (literally so: Eddie Vedder, Johnny Depp, and other glitterati were among his vocal supporters), and the convictions were debunked to such an extent that Echols and his two friends (both serving prison terms) were all released earlier this year.

Echols is not offically “exonerated” since ass-covering prosecutors negotiated an Alford plea as the price of his liberty. He remains a convicted killer in the eyes of the state and among some holdout defenders of the original verdict. This polarizing case is the subject of the HBO documentary Paradise Lost: The Child Murders at Robin Hood Hills and its sequel Paradise Lost 2. A third installment of the series is in post-production as of this writing.

Part of the Themed Set: Americana.

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1790: Johan Henrik Hästesko, Anjalaman

On this date in 1790, Scandinavian aristocrat Johan Henrik Hästesko had his head lopped off in Stockholm for his part in the Anjala mutiny.

Named for the town in southern Finland where the conspiracy was cemented, the Anjala mutiny was a bid by disgruntled officers to roll back Swedish King Gustav III‘s ill-conceived* Russian War.

Dissatisfaction worked on multiple planes: nobles were angry at Gustav’s circumventing aristocratic prerogatives (both to launch this war, and elsewhere); those with Finnish estates were especially piqued at the prospect of bearing the burdens of a war and a possible Russian occupation.

The Anjala conspirators pitched Russian Empress Catherine the Great on the prospect of making peace on their authority and withdrawing Finland from Gustav’s control. Catherine demurred, and enough of the army stayed loyal to the crown that the conspiracy collapsed.

While other principals blew town, Hastesko (sketchy Swedish Wikipedia entry | much more detailed English bio on The Sword & The Sea) stuck around to face the music.

Product of an old Swedish-Finnish noble lineage, he might well have expected leniency: for all his executive overreach, Gustav III wasn’t the wholesale-execution type. And indeed, Hastesko was the only conspirator to visit the scaffold.

Cold comfort both to the condemned and to his widow Beata, the latter of whom wore mourning clothes for the remaining 51 years of her life. But she would see in her time the wheel of fortune turn for her late husband’s defeated project quite dramatically.

This particular Russo-Swedish War ultimately amounted to a tempest in a teapot, but not long after it blew over, another tetchy noble assassinated Gustav III.

In 1809, another war between Sweden and Russia did in fact result in Finnish quasi-independence.

* Completely engineered by the Swedish side, the war began with a false flag operation consisting of a staged “attack” by Swedes in Russian uniforms.

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