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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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1864: Retaliatory executions by John Mosby

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Though executioners don’t quite bat 1.000 — who does, at any human endeavor? — the field on the whole succeeds more often than not.

On this date in 1864, the Confederate guerrilla John S. Mosby had seven Union prisoners executed, but he only managed to kill three of them — an efficiency very well below the Mendoza Line for the executioner’s trade.

It was a rare competence gap for the brilliant cavalryman.

The irregulars Mosby commanded in the Shenandoah Valley had frustrated for six months the consolidation of rampant northern armies, thereby preserving the Confederate capital of Richmond and extending the Civil War.

The situation had quick become intolerable for the Union, and Gen. Ulysses Grant emphasized (pdf) to Gen. Phil Sheridan the cruel anti-insurgent tactics he would countenance for “the necessity of clearing out the country so that it would not support Mosby’s gang. So long as the war lasts they must be prevented from raising another crop.”

By way of example-setting, the Union army had summarily executed six of Mosby’s rangers at Front Royal in September — followed by a seventh who was captured in early October in Rappahanock County.

Incensed, the Confederate “gray ghost” began stockpiling blue bodies from the offending command of George Armstrong Custer — yes, the Little Bighorn guy; he was perceived by Mosby to be responsible for the atrocity, although the actual paper trail on the execution order seems to be a little sketchy.

Mosby, who fancied himself the genteel sort who would closely abide the laws of war when fighting for the right to maintain human chattel, sent a lawlerly appeal up the chain of command seeking permission “to hang an equal number of Custer’s men.” General Robert E. Lee and Confederate Secretary of War James Sedden granted it.

Twenty-seven captives were therefore assembled and subjected to a lethal lottery. Jay Simson’s Custer and the Front Royal Executions of 1864 recounts this horrible affair in an excrutiatingly page-turning narration.

The preparations began innocently enough on a quiet Sunday morning (November 6, 1864) when 27 Union prisoners of war were ushered with no explanation about what was happening out of a brick storehouse located in Rectortown, Virginia …

[They] were then marched to the banks of Goose Creek, about half a mile away. some, but definitely not all, of this specially selected pool of 27 prisoners belonged to Custer’s commands both past and present … [but] of the seven men eventually selected to die on Mosby’s orders only two were actually members of the Michigan Cavalry Brigade.

All 27 of the prisoners were lined up along Goose Creek and then made to draw slips of paper from a hat. Twenty of those slips of paper which were part of the macabre lottery were simply that, blank pieces of paper. The other seven — one for each of Mosby’s men executed at Front Royal and in Rappahanock County — were marked with a number …

Of the men who were forced to draw those slips of paper, some of them simply stared into space. Others, once they understood what was happening, prayed. There were a few of them who simply broke down.

Among the prisoners was a young drummer boy … who broke down completely, sobbing … He drew a blank slip and immediately proclaimed: “Damn it, ain’t I lucky!” When a second drummer boy was found to be unlucky enough to have drawn one of the marked slips of paper, upon the request of the men who had been spared, Mosby personally ordered the boy to be released from the seven condemned prisoners and the 18 remaining prisoners (excluding the first drummer boy) drew from the slips of paper for a second time.

Then one of the seven adults also got himself swapped out of the scrap by flashing a Masonic sign at a Confederate lodge member. The things that stand between life and death.

Out of the nine to come under death’s pall and the seven who were actually marched overnight to the place of execution (as close to Custer’s camp as Mosby dared) only three were there successfully ushered past death’s threshold.

At 4 a.m. on Monday, November 7, 1864 (the day before the election which would give Abraham Lincoln his second term in the White House and would therefore become the signature on the death warrant of the Confederacy), the Rangers and their prisoners reached the execution site in Beemer’s Woods, a mile west of Berryville, and the executions were carried forward. However, everything did not go exactly according to plan.

In the pre-dawn darkness and confusion (either through carelessness or lack of caring for their orders, since none of the prisoners had actually been involved in depredations against Confederate civilians) the Rangers allowed two of the seven prisoners (one of whom, G.H. Soule, 5th Michigan Cavalry Regiment, punched out a guard) to escape outright. Two other prisoners were apparently shot in the head, but surviving, having only been grazed, also escaped since they pretended, and were apparently believed, to be dead. The remaining three prisoners were hanged. The identities and whether or not these three prisoners were members of either Custer or Powell’s commands are unknown. Lt. Thompson, in accordance with his orders attached a placard to one of the hanged men (just as similar placards had been attached to the bodies of all three of Mosby’s hanged men). Mosby’s placard read: “These men have been hung in retaliation for an equal number of Colonel Mosby’s men hung by order of General Custer at Front Royal. Measure for Measure.”

Believing his purpose accomplished, or at any rate close enough for rebel government work, Mosby then wrote to Union General Sheridan justifying the action and assuring him that future “prisoners falling into my hands will be treated with the kindness due to their condition, unless some new act of barbarity shall compel me, reluctantly, to adopt a line of policy repugnant to humanity.”

The letter, and the 3-out-of-7 reprisal, actually worked — with no further measures exacted for measure or tits given for tat. For the waning months of the war the rival forces confined themselves to killing one another on the battlefield, and not in the stockade.

Well, mostly: one of the conspirators in the plot to assassinate Abraham Lincoln in April 1865 — which did assassinate Lincoln, but was really a wider attempt to decapitate the entire northern government — was a former Mosby’s ranger named Lewis Powell aka Payne. Lincoln killer John Wilkes Booth also seemed to flee in Mosby’s direction (Mosby’s units were still in the field, not covered by the April 9 Appomattox surrender.) There exists an unproven but delicious speculative hypothesis that the hand of John Mosby was among those behind an exponentially more ambitious “line of policy repugnant to humanity.”

Be that as it may, Mosby actually became a Republican after the war — for which he received some Southern death threats — and lived fifty eventful years. Among other things, the aged Mosby regaled the young George Patton (whose father Mosby knew) with Civil War stories.

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1875: Six in Fort Smith under Hanging Judge Isaac Parker

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I have ever had the single aim of justice in view … ‘Do equal and exact justice,’ is my motto, and I have often said to the grand jury, ‘Permit no innocent man to be punished, but let no guilty man escape.’

–Judge Isaac Parker

On this date in 1875, the most famous — or infamous, depending on your perspective — “hanging judge” of the American West dropped the trap on his noosing career with his first six hangings at Fort Smith, Arkansas.

Isaac Parker, around the time he arrived at Fort Smith

Isaac Parker had parlayed a legal career in Missouri into a congressional seat, when the fall of the Arkansas Republican party’s fortunes late in Reconstruction swept him out of office in 1874.

No problem: his co-partisan president, Ulysses S. Grant, appointed Parker to a federal judgeship in neighboring Arkansas. It’s upon that renowned tenure that the man’s reputation, uh, hangs.

Parker arrived at Fort Smith on May 4, 1875, the youngest federal judge in the west and a man whose jurisdiction included the lawless Indian Territory (present-day Oklahoma).

This expanse of land, the final destination of the Trail of Tears, had once been preserved for tribes forcibly “removed” from eastern North America.

But by the post-Civil War years, the frontier was sweeping past on iron wheels … and as long as Indian Territory remained (mostly) protected from white settlement, it remained a sparsely-populated refuge for outlaws.

Pandemonium in the Territory was only exacerbated by the Fort Smith court’s reputation for corruption and inefficiency; the office was open for Parker’s appointment because his predecessor had resigned to avoid impeachment.

Judge Isaac Parker came to clean up the place.

Fort Smith was an unusual portfolio for a federal judge. While most of Parker’s colleagues were confined to the tedium of interstate civil litigation, Parker was the court of first call for many regular criminal cases in the Indian Territory which in other jurisdictions would have been a state matter. He estimated in 1885 Congressional testimony that seven-eighths of his caseload came from Indian Territory.*

And in those cases he quickly established himself a reputation for severity.

“I never hanged a man,” Parker said of himself later in life. “The law hanged him. I was only its instrument.”

But make yourself the law’s instrument to the tune of 79 hangings, and folks are bound to sit up and take notice.


“they nearly hung me for stealin’ a horse
in Fort Smith Arkansas.

Judge Parker said guilty and the gavel came down
just like a cannon shot …”

At his court’s very first sitting in May 1875, Parker death-sentenced a murderer — Daniel Evans, who came straight from frontier central casting and had murdered a man for his boots.

As that year unfolded, he added enough condemned men to the bowels of the miserable jail nicknamed “Hell on the Border” — for an eight-strong hanging date to christen September.

One of the eight had his sentence commuted due to youth.

One was shot trying to escape.

And the other six were the debut crop for the mass-occupancy gallows that Parker ordered constructed at Fort Smith. (Its capacity was a full dozen.)


Modern replica at Fort Smith — today a national historic site — of Judge Parker’s gallows. (cc) image from photoguyinmo.

The clientele was six unconnected murderers, committing various atrocities for various motives and aptly embodying the region’s ethnic diversity.

  • Evans, white
  • James Moore, white
  • Samuel Fooy, quarter Cherokee
  • Smoker Mankiller, Cherokee
  • Edmond Campbell, black
  • John Whittington, white

And the audience? Five thousand or so reportedly on hand in Fort Smith this date, plus a national media audience … and posterity deep into the second century since this sturdy magistrate donned his first black cap and set about putting chaos into order with a rope in his hand.


New York Tmes, September 4, 1875.

Whatever one might have to say about his methods, Parker presents a magnetic personality, a figure so truly of his own time and place that he obligingly died just weeks after his court was finally relieved of its Oklahoman jurisdiction in 1896. He’d never hang around to jolt our anachronism meter by weighing in on trench warfare or cubism.

Parker is undoubtedly a more layered figure than his “hanging judge” reputation would suggest, and even his life’s project to bring his unruly jurisdiction to heel was more complicated than just being a hardass. (He had a significant administrative challenge to manage his chronically underfunded court, and he needed to foster the sense of communal reciprocity and legal integrity that would encourage fellow-citizens to turn up for jury duty and witness testimony that make the law’s everyday business possible.) The judge was famous for the long hours he kept, and capital cases were never more than a tiny fraction of his work.

Parker was notorious (slash-beloved, again depending on perspective) for his prosecution-friendly courtrooms, but even the tough sentences he handed down came in his mind from a place of tough love. He wrote late in life that

not one of [those he suffered to long prison terms for violent crimes], no matter how depraved, had entirely lost that better part of human nature …

The object of punishment is to revive, that in some cases, almost extinct spark, to lift the man up, to stamp out his bad nature and wicked disposition, that his better and God given traits may assert themselves.*

Still, whether you prefer him as the stern avatar of law on an outlaw plain or bloodthirsty yahoo, Parker’s ready amenability to latter-day Hollywood tropes will surely maintain his popularity in the cultural rookery of wild west cutouts.

Among numerous other reference points, the novel True Grit, and the 1969 and 2010 films based on it, use Judge Parker’s Fort Smith as the heroine’s embarkation point — with her dangerous journey carrying her into the untamed Indian Territory on his doorstep.

Pat Hingle’s “Judge Fenton” (from “Fort Grant”) in the Clint Eastwood western Hang ‘Em High also shows an unmistakable debt to the Judge Parker persona.

A few books about Judge Parker

Spare a thought, too, for the man operating the ropes and levers this date.

George Maledon, named Fort Smith’s official hangman just a couple of years before Isaac Parker’s appointment, would enforce the Hanging Judge’s hanging sentences into the 1890s: 60-plus executions in all, plus five other escaping prisoners he gunned down, all in a day’s work for an Arkansas lawman.

Maledon has a sad coda to this story, which wasn’t so upbeat to begin with.

The year after the veteran hangman hung up his hood and opened a grocery store, Maledon’s daughter was murdered. The bereaved father’s friend Judge Parker, still on the bench at that time, condemned the killer to die in a case we’ll suggest might have warranted a recusal by present-day standards. Nevertheless, a successful appeal balked Maledon’s successor of the malefactor, and the disgusted ex-executioner got his species of payback by taking the accoutrement of his late profession on the road as a traveling act.

There, under the billing of “the Prince of Hangmen,” Maledon lectured and exhibited old hanging ropes and pictures of the outlaws they had choked.

People of all classes flocked to the show grounds, crowded about the lecturer and filled the tent, viewing the gruesome relics and listening to the old hangman’s recital of soul-stirring events as he pointed out the…instruments of his vocation. (Source)

* See Mary Stolerg, “Politician, Populist, Reformer: A Reesamination of ‘Hanging Judge’ Isaac C. Parker”, The Arkansas Historical Quarterly, Spring 1988

Part of the Themed Set: Americana.

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1865: Henry Wirz, for detainee abuse

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On this date in 1865, Henry Wirz was hanged in Washington, D.C. for running a notorious Confederate prison camp.

A Swiss-born doctor (“Henrich” was the real handle) whom time and tide found practicing in Louisiana at the onset of the Civil War, Wirz apparently got into the prison-guarding ranks when a war injury left him unfit for the front lines.

But it was front-line fitness in the northern army that would set the scene for his controversial hanging.

The North’s advantage in men and materiel shaped Union strategy as the war progressed, and it eventually caused the Union to halt prisoner exchanges. Exchanging casualty for casualty was a winning strategy on the battlefield, so why return to your enemy a man for a man? Besides,

[Grant] said that I would agree with him that by the exchange of prisoners we get no men fit to go into our army, and every soldier we gave the Confederates went immediately into theirs, so that the exchange was virtually so much aid to them and none to us.

–Benjamin Butler (we’ve met him before)

As designed, then, the South began piling up more and more POWs to maintain with its ever-straitened resources late in the war. And if exchange was out, that really only left one form of “release”.


Andersonville Prison survivor John L. Ransom’s view of the prison, from the Library of Congress.

Andersonville — officially, Camp Sumter, located near the tiny Georgia town of Andersonville — was only established in 1864, but acquired considerable notoriety in northern propaganda for the year and change that Wirz ran it. The prisoners didn’t enjoy it much, either.

Wuld that I was an artist & had the material to paint this camp & all its horors or the tounge of some eloquent Statesman and had the privleage of expresing my mind to our hon. rulers at Washington, I should gloery to describe this hell on earth where it takes 7 of its ocupiants to make a shadow.

–Union prisoner diary, July 1864. Note the prisoner’s anger at Washington — whose refusal to exchange naturally infuriated its stranded POWs

Out of some 45,000 prisoners held at Andersonville during its existence (not all at one time), nearly 13,000 succumbed to disease and malnutrition.* After the war, photos of wasted survivors inflamed (northern) public opinion, already tetchy over Abraham Lincoln’s assassination. Walt Whitman wrote of Andersonville,

There are deeds, crimes that may be forgiven but this is not among them. It steeps its perpetrators in blackest, escapeless, endless damnation.

Damnation is up to higher powers, of course, but the North wanted somebody to answer for Andersonville on this mortal coil. Lincoln’s successor Andrew Johnson overruled mooted charges against Confederate President Jefferson Davis and his Secretary of War James Seddon, leaving — in that great American tradition — Heinrich Wirz holding the bag.**

Shatner sighting!

The trial had an undeniable aspect of victor’s justice.† Even at the gallows, the Union guards chanted, “Wirz, remember Andersonville!” as the condemned man was readied for the noose, and then dropped. The hanging failed to break the man’s neck, and he strangled as the chant continued.

Southern efforts to reshape the story of Andersonville began in the lifetimes of Wirz’s contemporaries; this fulsome volume supporting the charges answered Jefferson Davis in terms that sound strikingly contemporary:

So long as Southern leaders continue to distort history (and rekindle embers in order to make the opportunity for distorting it), so long will there rise up defenders of the truth of history … To deny the horrors of Andersonville is to deny there was a rebellion. Both are historic facts placed beyond the realm of doubt.

But of course, it does not require denying the horrors of Andersonville to notice the circumstances — the privation of the entire South late in the war — and to wonder that Wirz and Wirz alone was held to account. Plenty of people think he got a bum rap.


Daughters of the Confederacy monument to Wirz. (cc) image from divemasterking2000.


Pro-Wirz marker in Andersonville, Ga. (Click for easier-on-the-eyes version, reading in part, “Had he been an angel from heaven, he could not have changed the pitiful tale of privation and hunger unless he had possessed the power to repeat the miracle of the loaves and fishes”). (cc) image from Mark D L.

Recommended for general reading: the UMKC Famous Trials page on this case, several of whose pages have been linked in this entry. A number of nineteenth-century texts by (or citing) Andersonville survivors are available from Google books, including:

Since this is a controversy of the Civil War — and one that can be engaged without having to get into that whole slavery thing — there have been thousands of published pages written about it, with many more sure to come in future years.

A few books about Henry Wirz and Andersonville

As an interesting aside, Civil War POW camps including Andersonville (but not only Andersonville) gave us the term “deadline,” which had a more startlingly literal definition in the 1860s — a perimeter beyond which prisoners would be shot on sight, which policy could make a handy stand-in for walls. Gratuitously killing an insane prisoner who crossed Camp Sumter’s “dead line” was one of the atrocities laid to Wirz, who we take it would not have been at home to the word’s decreasingly urgent appropriation in the wider culture.

* Wirz’s defense showed, to no avail, that the prisoners and the guards received the same rations, with similarly deleterious effects among both, and that the commandant was on record pleading with his superiors for more.

** Wirz’s attorney claimed that his man was offered (and refused to take) a last-minute pardon on November 9 in exchange for implicating Jefferson Davis.

† Wirz and borderlands guerrilla Champ Ferguson were the only Confederates executed for their “war crimes”. There was at least one other prison guard who faced similar charges of prisoner maltreatment, John Henry Gee; Gee was acquitted and released in 1866. (For more on the latter, see “A Little-known Case from the American Civil War: The War Crimes Trial of Major General John H. Gee” by Guénaël Mettraux in the Journal of International Criminal Justice, 2010.)

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