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1890: Otto Leuth

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1890 at the Columbus Penitentiary in Ohio, a sullen German-American teenager named Otto Leuth (sometimes spelled “Lueth”) paid with his life for the brutal murder of his seven-year-old neighbor, Maggie Thompson.

John Stark Bellamy II, writing of the murder in his book The Corpse in the Cellar: And Further Tales of Cleveland Woe, noted how familiar the case sounds to modern ears:

[T]he sickening murder of an innocent child; yet another child accused for the dreadful deed; a sensational trial, replete with dubiously “expert” testimony, suspicious “confessions,” allegations of police “third-degree” methods, and charges of biased press; not to mention “latchkey” children, systematic child abuse, saccharine sympathy for the guilty, and charges of ethnic favoritism.

Yet it happened over a century ago.

Otto, sixteen at the time he killed little Maggie Thompson, had had a hard life, as Bellamy explains in his book. His mother, Lena, testified at his trial that she

went into veritably demonic fits of rage, during which she was in the habit of physically abusing her children, especially Otto. From an early age, she blandly admitted, she had pulled his hair, kicked him, beaten him, walked on him, and often hit him with any object that came to hand. Once, when Otto was eight, she had beaten him with a chair leg and, when [Otto's father] Henry tried to intervene, stabbed Henry twice with a convenient butcher knife. Just a few months before Maggie Thompson’s murder, Lena had repeatedly slammed Otto’s head into a wooden door.

It speaks volumes of the difference between that century and this one that nobody who heard Lena’s testimony seemed to think this was in any way excessive, never mind cruel; on the contrary, one person praised her methods as being “good German discipline.”

On May 9, 1889, sixteen-year-old Otto was alone at his family’s home at 47 Merchant Avenue in Tremont, a suburb of Cleveland. He was used to being alone: his mother had been committed to a mental hospital some months before, his father was wrapped up in his cabinet-making business, and his older brother had moved out of the house.


Otto (top) and his victim.

That morning, down the street at 24 Merchant Avenue, Maggie Thompson set off for school. Her mother, Clara, dropped her off at the front gate; it was the last time she would see her daughter alive.

Maggie attended the morning classes and, when school was dismissed for lunch at 11:15 a.m., started on the four-block walk home. En route, she vanished without a trace, as if “the sidewalk might have opened and swallowed the girl.”

Naturally there was a frantic search, lead by her devastated parents and the Cleveland Police Department, who tore the city apart looking for her.

But, although there were numerous false sightings and a few wild stories about Maggie’s disappearance, in spite of everyone’s efforts they couldn’t find her.

Otto participated in the search, along with most of the neighborhood. Nearly every day he would approach Clara Thompson and solicitously ask if she’d heard any news of her child.

In early June, Clarissa Shevel, the woman who lived with her husband in the back of the Lueths’ two-family house, asked Otto to do something about the terrible stench that pervaded the entire building. Otto suggested the odor was caused by a dead animal. He bought some chloride of lime and put it in the ventilation hole, then burned some sulfur, but it didn’t help.

Around that time he was witnessed carrying some badly stained bedding to the smokehouse at the back of the property.

On June 9, Otto’s mother Lena, who had by now been discharged from the mental hospital, became fed up with the smell and sent her husband Henry down to the cellar to investigate. He came back up a few minutes later, deeply shaken, and ran out to find a policeman.

In the Lueths’ cellar was the nude corpse of Maggie Thompson.

She was wrapped in one of Lena’s dresses and her own clothes lay underneath her. She had been beaten to death and her body was so badly decomposed that her parents had to identify her by scars on her hips.

The police promptly arrested everyone who lived at the house: Henry and Lena Lueth, Clarissa Shevel and her husband, and Otto, who was picked up on his way home from the ice cream parlor. All five suspects were separated and subjected to a serious “sweating,” but Otto was the prime suspect. He had a reputation as a bully, and he’d been at home alone for much of the previous month.

Bellamy records:

The climax came at 3:30 a.m., when an agonized female shriek resounded from the floor below the sweating room. “Who is that?” cried Otto to Detective Francis Douglass. “Your mother, I believe,” replied Douglass. “She had nothing to do with it!” blurted out Otto. “Who did?” queried Douglass. Otto: “I did it! I did it!” Douglass: “Did what, Otto?” “I killed her! I killed her! Please give me your revolver so I can kill myself!”

Resisting the temptation, the police instead took his verbal confession, wrote it down, had him sign it and escorted him to a cell.

Otto said he had been standing outside his parents’ home at about 11:30 a.m. on May 9 when he encountered Maggie. She asked him if he could donate any buttons to the “button-string” she was making, and he said he had four and would give them to her if she came inside.

Maggie obediently followed him in, and he led her upstairs to his bedroom, where he attempted to rape her. When she screamed, he hit her with a nearby hammer.

Otto said he thought he’d probably killed her with the first blow, but he kept striking her until her head was a pulp and the bed was covered in blood. After an unsuccessful attempt to have sex with her body, he fled the scene. He did go back to the house that night, but spent the next several days at his brother’s home.

Six days later, just before his mother was supposed to come home, Otto returned home to clean up. He carried Maggie’s corpse to the family cellar and left it lying there; he didn’t even bother to bury it or cover it up.

Given Otto’s confession, the circumstantial evidence and the revulsion his crime invoked in the city of Cleveland, his lawyer didn’t have much to work with. Not even trying for an acquittal, his defense instead claimed Otto was mentally impaired and/or insane.

Otto had a strange depression in his skull and his attorney suggested he was brain-damaged — which might very well have been true, given the abuse he had suffered at Lena’s hands. Several members of his family, including his mother and brother, had epilepsy, and his attorney suggested he might have had a seizure and committed his crime without even knowing what he was doing.

Such a scenario was possible. The problem was, though, that none of the medical experts who testified for the defense could diagnose Otto with epilepsy.

The claims of subnormal intelligence were contradicted by the testimony of Otto’s former teachers. Although his pathetic attempts to conceal Maggie’s body might indicate otherwise, his intellect seems to have been about average. Before he quit school at age 13, he had been an unexceptional student with some talent as a violinist.

Otto’s lawyer also said his client had not, in fact, attempted to sexually assault Maggie Thompson either before or after death, and Otto had invented that part of his confession because the police were pressing him to cough up an explanation for his motiveless crime. But given the fact that Maggie’s body was found naked, this claim didn’t carry much weight either.

It was no surprise that, when the trial concluded on December 27, 1889, the jury came back with a verdict of guilty without a recommendation of mercy. Perhaps the only surprising thing was that they actually bothered to deliberate for a whole four and a half hours.

Otto rapidly exhausted his appeals and was hanged eight months after his trial, alongside another killer, one John “Brocky” Smith of Cincinnati. Two other men had also been scheduled to die that night, but one got reprieved and the other’s execution was postponed.

Otto left behind a statement where he admitted he’d killed Maggie Thompson, but denied his previous claims that he’d tried to rape her. He died calmly and without a fuss, standing on the trap and saying simply “All right, let her go.”

Also on this date


1945: Henry William Hagert

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1945, twenty-year-old Henry William Hagert died in Ohio’s electric chair for the murders of thirteen-year-old twins James and Charles Collins two years earlier.

Hagert, who was only seventeen at the time of the crime, had shot the boys in cold blood and for no reason at all.

The young murderer was from Lakewood, a suburb of Cleveland. He was a bit of a bad seed; those who knew him said he started to go bad when he was about seven years old, after a bout with double pneumonia and “brain fever.” After his recovery from the illness, he became unstable and aggressive. In 1942, after a high-speed police chase, he was arrested on multiple charges of auto theft and sent to the Boys’ Industrial School for a year.

Typically, this experience in reform school failed to reform him, and he returned home worse than ever.

John Stark Bellamy II, writing about him in the book The Killer in the Attic: and More True Tales of Crime and Disaster from Cleveland’s Past, noted that Hagert’s formal education stopped after his 1942 arrest, but he earned “a graduate degree in sexual perversion” from his stint in juvy.

Hagert’s mother, unable to handle him, had him committed to the psychiatric ward in Cleveland City Hospital in early July 1943. There he was diagnosed as having a “psychopathic personality” and released on August 9. (Just why is unclear; Hagert’s mother claims she begged the chief staff physician not to release him, and the doctor denied this and said, on the contrary, she had begged for him to let her son go.)

Just two days later, Hagert was driving his blue Chevy around when he picked up a nine-year-old boy, the son of a city aide. His plan had to been to sexually assault and murder the child, but he later claimed he was moved by the boy’s crying and pleas and decided to spare his life. This didn’t stop him from keeping his victim in the car overnight, torturing and sexually abusing him. The next day, Hagert drove the boy to a wooded area, tied him to a tree, and placed a series of anonymous calls to the child’s parents with clues as to his whereabouts. The police found the little boy where his abductor had left him.

The following afternoon, for reasons best known to himself, Hagert returned to the spot where he’d left the abduction victim and encountered a Cleveland Plain Dealer reporter and a photographer.

As Hagert made small talk with the photographer, the reporter became suspicious of his behavior and remembered the old cliché about the killer returning to the scene of his crime. He scribbled down a physical description of Hagert and took note of the license plate number on his Chevy. Later, he turned his notes over to the police.

A compliant Hagert was taken in for questioning. Unaccountably, two hours passed before anyone realized he had a loaded gun under his shirt. When an officer removed Hagert’s shirt, the gun fell to the floor. As the officer picked it up, the young man said casually, “The gun you have in your hand is the one I shot the other two with.”

James and Charles Collins had been missing since noon the previous day and law enforcement agents were frantically searching for them. They were last seen hitchhiking to their jobs as caddies at a local golf course. Hagert calmly confessed to killing the Collins twins and lead authorities to their bodies. The dead boys were about 300 feet apart and each had been shot at the base of the skull — that is, “execution style.”

If anyone doubted by now that Hagert was a monster, they would have been convinced by what he had to say about the double murder:

It’s pretty serious, you know. I kidnapped one kid and killed two others … I just felt like killing them, so I killed them. Now it all seems like a bad dream … I had the urge to kill before but I always managed to suppress it by running. I’d run down the street because I felt I had too much energy. The Collins boys were just victims of circumstance. I would have killed anyone at that time. It just happened to be them … I’m not especially sorry for any of those folks I have hurt … The whole thing is just like a smashed fender … When it’s done, it’s done — that’s all.

While in custody he also confessed to a third murder, but this statement turned out to be a fabrication.

An initial panel of three psychiatrists unanimously agreed that Hagert was insane. This would not do: the state could not risk the possibility that this incredibly dangerous psychopath would be committed to a hospital, only to escape later on, or be released like before, to walk the streets again.

Five more psychiatrists were appointed to examine the defendant and this group said he was sane. In spite of this, the defense went with an insanity plea anyway. There wasn’t much of an alternative, given the evidence against their client.

Testifying before the jury, one of the doctors described Hagert as “a petulant, cruel, ruthless, determined, egotistical young man with no respect for God, man or the Devil.” Another said Hagert had told him that, if he were set free, the first thing he would do was track down and kill the newspaper reporter whose tip had led to his arrest.

The tearful testimony of his mother, who said Hagert had often complained of seeing “little midgets” who mocked him, carried little weight.

The jury took only two hours to find Henry Hagert guilty without a recommendation of mercy. In his book, Bellamy opines, “Most of the jurors, one suspects, thought Henry was insane by any imaginable standard of common sense, but they knew not what else to do with such an incorrigible monster.”

Hagert’s conviction was overturned on a technicality in December 1944, but his second trial, held before a three-judge panel in March 1945, resulted in the same inevitable guilty verdict. Hagert himself didn’t seem to care much. His last words were, “Do a good job of it now. Give me a good dose — it’s good for what ails for me.” He did donate his corneas, possibly the only contribution he ever made to society.

Also on this date

1934: Harry Pierpont, Dillinger mentor

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At 12:09 a.m. this date in 1934, Harry Pierpont — a partner of notorious gangster John Dillinger — was electrocuted at the Columbus, Ohio penitentiary.

This Indiana-born criminal helped Dillinger transition from local malcontent to FBI’s Most Wanted* in prison in Michigan City, Indiana. Pierpont was a professional armed robber and the leader of a gang that knocked over several Indiana banks in the mid-1920s before his capture.

That was right about the time that fellow Hoosier Dillinger was catching an absurdly harsh 10-to-20-year sentence for robbing a local grocer in Mooresville — a sentence Dillinger helped bring on himself when he took his father’s advice to plead guilty and take responsibility and blah blah blah.

The court threw the book at him.

“I will be the meanest bastard you ever saw when I get out of here,” 21-year-old Dillinger is supposed to have said. He’d prove infamously true to his word … with the help of Harry Pierpont.

The two crossed paths in the penitentiary system in 1925. Pierpont was only eight months older, but was a much more seasoned criminal and mentored the young Dillinger in the arts of bank robbery. Both also cribbed from two former associates of the German robber Hermann Lamm, who broke new ground in the larceny game with his disciplined, systematic approach to the job: casing the bank, organizing the crime, plotting and practicing the getaway route.

Dillinger finally made parole after nine long years in the stir on May 22, 1933. The years-long show of rehabilitation that won him his liberty immediately proved to have been a facade: in a pre-arranged plan, Dillinger committed several bank robberies that summer to raise funds to orchestrate a prison break for Pierpont et al.

Pierpont and seven others, who would form the first Dillinger gang (Pierpont reportedly encouraged the branding fronting his charismatic former apprentice), and their escape conveniently occurred just after Dillinger himself had been arrested. His once-and-future associates returned the favor by liberating Dillinger from the Lima, Ohio jail — gunning down Sheriff Jess Sarber in the process.

That was Oct. 12, 1933. (Here’s a Dillinger gang timeline.)

Dillinger would be dead within the year and Pierpont not much outlive him. But in those months pillaging banks (wildly unpopular at this moment, the very pits of the Great Depression) from the open-road freedom of zooming Terraplanes that could outrace police cars, wielding spectacular Tommy guns that could outgun police, the Dillinger gang staked its social bandit bona fides.**

They robbed several more banks with the discipline and precision that would make them famous; notably, Dillinger and company rarely drank and never when planning heists, evaluating targets with all the businesslike sobriety of corporate raiders.

They weren’t caught in the act, but while trying to lay low in Arizona.

Dillinger and had one more escape in his bag, and that a spectacular one: brandishing a fake wooden “gun”,† Dillinger busted out of the allegedly “escape-proof” Lake County Jail in Crown Point, Ind. and joined up with another gangster.

Dillinger had four months and change yet to go, a cavalcade of Midwestern robberies, an alleged appearance-altering plastic surgery, and a running battle with the young HerbertJ. Edgar Hoover and his star agent Melvin Purvis. Dillinger was finally shot dead in Chicago that summer of 1934. His robbery spree had lasted only 15 months, but it made him a worldwide celebrity.

Three others arrested with Dillinger in Arizona, however, were not with Dillinger when he escaped Crown Point.

Instead, they were destined for Ohio to answer for that sheriff they’d murdered freeing Dillinger the year before. Harry Pierpont and a fellow gang member, Charles Makley, caught capital sentences.

It’s more than likely that they were anticipating another rescue from their famous confederate, but Dillinger’s end in Chicago sealed Pierpont’s and Makley’s fate, too.

On September 22, with death dates looming, those two attempted to replicate Dillinger’s “fake gun” escape gambit with bars of soap carved like pistols and painted with bootblack. (Woody Allen paid it homage.) It was a desperate try, and it ended in a fusillade from an un-bluffed squad of prison guards as Pierpont and Makley tried to spring the gate to their prison block.

Makley, perhaps the luckier of the two, died of his injuries. The hobbled Pierpont lived long enough to make it to the electric chair.

A few books about John Dillinger

* Dillinger was the first person designated as the fledgling Federal Bureau of Investigation’s Most Wanted.

** Anecdote: the Dillinger gang wouldn’t steal from bank customers, telling them “we only want the bank’s money.”

† Or maybe a real gun subsequently replaced with a fake gun, maybe with the connivance of bribed guards or the like … there’s a good deal of unresolved speculation about this escape.

Also on this date

1863: William Francis Corbin and Thomas Jefferson McGraw

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On this date in 1863, two men were shot* on the beach at Johnson’s Island in Lake Erie, site of a Civil War prison. Their crime: recruiting for the Confederate army behind Union lines.

After a short-lived attempt to maintain a posture of “armed neutrality” vis-a-vis the Civil War combatants, Kentucky became the uncertain and bloodily contested frontier march between the rival governments.

With the 1862 invasions of Kentucky by armies North and South, sides had to be chosen. Corbin enlisted with some local militia mates in the Confederate army; after wintering in Virginia, he was dispatched back to his native Campbell County, Ky. — now under Union control — to beat the bushes for more Confederate enlistees. With him was another Campbell County native son now serving in the Southern army, Jefferson McGraw.

In April 1863, a Union patrol out hunting Confederate guerrillas accidentally caught wind of the recruiters’ activities and followed McGraw to the Rouse’s Mill safe house where he was to rendezvous with the waiting Corbin.

Several days after the recruiters’ capture, Union Gen. Ambrose Burnside issued General Order 38, threatening the death penalty for “all persons found within our lines who commit acts for the benefit of the enemies of our country.” This order explicitly compassed “Secret recruiting officers within our lines.”


Not to be confused with Order 66.

This book has a chapter about the Corbin-McGraw case.

General Order 38 was viewed as targeting “Copperheads” and other anti-war northern agitators — and it almost immediately resulted in the arrest of Ohio Democrat Clement Vallandigham** — but it was the less august Corbin and McGraw who paid the heavier penalty.†

Again, General Order 38 postdated Corbin and McGraw’s arrest. They had expected, and perhaps were even directly assured by their captors, to be treated as regular prisoners of war. On the other hand, Order 38 aside, these men were undoubtedly working covertly behind Union lines, and risked harsher treatment on that basis alone.

At any rate, the two were condemned to die by a military commission in Cincinnati for violating Order 38 by recruiting behind Union lines. Neither Gen. Burnside nor Abraham Lincoln himself — who were both besieged by petitions for clemency — would consent to spare them.

Corbin, who was a church elder in his home environs, led a prayer service for guards and inmates alike at the prison chapel on the morning of his execution. Writing 34 years later, a witness recalled the moment:

That scene, and the words which fell from his lips on that occasion, are indelibly stamped on my memory …

After reading and prayer by Captain Corbin, he said, in part, speaking of himself, that “life was just as sweet to him as any man, but if necessary for him to die in order to vindicate the law of the country, he was ready to die, he did not fear death; he had done nothing he was ashamed of; he had acted on his own convictions and was not sorry for what he had done; he was fighting for a principle, which in the sight of God and man, and in the view of death which awaited him, he believed was right, and feeling this he had nothing to fear in the future.” He closed his talk by expressing his faith in the promises of Christ and his religion.

To see this man, standing in the presence of an audience composed of officers, privates, and prisoners of all grades, chained to and bearing his ball, and bearing it alone, presenting the religion of Christ to others while exemplifying it himself, was a scene which would melt the strongest heart, and when he took his seat every heart in that audience was softened and every eye bathed in tears.

After Corbin and McGraw were shot, two Union prisoners of war in Confederate custody were selected by lot for a retaliatory execution. With some diplomatic maneuvering (and a Union threat to retaliate for the retaliation by executing Robert E. Lee’s captured son), they managed to avoid that fate. (One of these men almost executed in retaliation, Henry Washington Sawyer, went on after the war to build the still-extant Chalfonte Hotel in his hometown of Cape May, N.J.)

There is a weathered but still-visible monument to Thomas J. McGraw erected in 1914 by the Daughters of the Confederacy at the Flagg Springs Baptist Church cemetery where his remains were interred. (Corbin’s remains are at a family cemetery in Carthage.)

* Corbin and McGraw were set up for execution seated on the edges of their own coffins, so that the force of the firing detail’s barrage would knock them conveniently back in. That’s efficiency.

** General Order 38 also resulted in the arrest of an Indiana legislator named Alexander Douglas. Douglas beat these charges thanks to the energetic defense mounted at the tribunal by his neighbor, attorney Lambdin P. Milligan … and the fame thereby falling to the latter man would eventually help to fix his own name into the jurisprudential firmament as the subject of the landmark Supreme Court ruling Ex parte Milligan. For more background, see this pdf.

Nobody else was ever executed under General Order 38.

Also on this date

1810: Leatherlips, tomahawked

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On this date in 1810, Ohio’s Wyandot (aka Huron) tribe executed Leatherlips by tomahawk.

This evocative name,* and his proper Wyandot name of Chief Shateyaronyah, appears among the signatories of the Treaty of Greenville — a pact secured after military action ceding Ohio to white settlers. It’s just an early installment of the rolling continental conquest with its familiar Hobson’s choice for natives: resist or accommodate?

Leatherlips was a leader of the accommodationist strand, advocating peacable relations with neighboring whites.

And in a few years, this would become a very big problem for the leader of the resistance camp — Tecumseh. This soon-to-be-renowned Shawnee would shortly raise a broad confederation up in arms against whites.

To do this, Tecumseh felt it necessary to eliminate the go-along, get-along types.

On June 1, 1810, six Wyandot warriors showed up at the historic Black Horse Tavern, a regular Leatherlips haunt at the Sells Settlement. This germ of present-day Dublin, Ohio, was the Scioto River property of the settler John Sells, a friend of Leatherlips.

Sells heard about this unsettling visit the next morning, and immediately set out on horseback to find the party. He came upon them in a lodge, with Leatherlips bound, being tried for witchcraft — a charge that was all the vogue after the recent death of a Lenape chief who was thought to have been enspelled. Leatherlips was pushing 80 years of age.

Sells’s attempts to save the elderly Wyandot’s life were in vain. That afternoon, Leatherlips painted his face, sang a war chant, and knelt by his own grave, where one of the braves slew him by tomahawking his head. The Wyandot warriors allegedly drew the Sells party’s attention to Leatherlips’s sweating face as he died, viewing this phenomenon as an indicium of guilt.


Monument to Leatherlips in Dublin, Ohio. (cc) image from future15pic. The monument marks the spot of Leatherlips’s execution, but its plaque attributing the execution date of June 1 appears to me to be mistaken.

* As much as it sounds like the poor guy needed some lip balm, “Leatherlips” was actually a nickname conferred (by whites) for his trustworthiness … as in, any promise that passes his lips is strong as leather, just like RUN-DMC.

** Today, there’s a John Sells Middle School in Dublin in this pioneer’s honor. Leatherlips, for his part, has his name on a street.

Also on this date

1887: Josiah Terrill, “I ain’t guilty of this here charge”

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From the out-of-print The palace of death, or, the Ohio Penitentiary Annex: A human-interest story of incarceration and execution of Ohio’s murderers, with a detailed review of the incidents connected with each case by H.M. Fogle (1908):


Chapter 4

Josiah Terrill
September 2, 1887

Hanged Sept. 2, 1887, for the murder of a Meigs County, Ohio, citizen. It is believed that he was innocent but lacked friends and finances to clear himself.

Died Brave, Proclaiming His Innocence


Josiah Terrill, serial number 18,872, a Meigs County murderer, was hanged September 2, 1887. He met his fate bravely and, as is said of college graduates, “acquitted himself with great honor.” Like nine-tenths of the men who die upon the gallows, Terrill denied all knowledge of the crime with which he was charged, and with a last breath declared that he suffered death as an innocent man.

A few hours before the time appointed for his execution, the condemned man awoke from a refreshing sleep and asked for something to eat. The request, of course, was granted. Someone unguardedly expressed surprise at the desire to eat, and Terrill said, “You ain’t going to choke me off that way are you, without anything to eat?”

While Terrill was eating, a Missouri Colonel conversed with him, urging him to unburden his mind if he had any guilty knowledge. The murderer reiterated his oft repeated declaration of innocence, and requested the Warden to give him a drink of whiskey. But the man’s nerve was so great that the Warden declined to give him a stimulant to raise his courage for the trying ordeal.

After the final administration of spiritual comfort, the Warden read the death warrant, and the condemned man was lead [sic] to the scaffold.

Terrill was perfectly cool and collected, and his features shone in their natural color. As he stepped to the trap, Warden Coffin asked him if he had anything to say, to which he replied, “I say I ain’t guilty of this here charge.” “You say you are guilty?” queried the Warden who, with others, misunderstood him. “I say I ain’t guilty of this here charge,” reiterated Terrill. “God in heaven knows I ain’t guilty. There are some people and lawyers in Pomeroy who think they have got satisfaction on me now. That’s all I’ve got to say.”

Warden Coffin then stepped over and shook hands with the condemned man, bidding him good-bye. The minister gravely followed his example, saying in a solemn tone: “Josiah, put your confidence and trust in the Lord.” “I have,” replied Terrill.

He was placed over the trap and, standing as if being measured for a suit of clothes, permitted Deputy Cherrington to adjust the ropes. There was some difficulty in fastening a strap, and he considerately moved his feet to facilitate operations. The black-cap–a rude bag–was placed over his head and the noose adjusted. At 12:34 A.M., before the audience realized that it had happened, Warden Coffin shot the lever from north to south. Rattle went the trap against the sides of the scaffold, and with a boom the body of the condemned man shot down seven feet, oscillated once or twice and then became quiet. There was not a twitch of the muscles or a movement of the body.

Instantly there was a plank placed across two chairs on the platform directly under the body of the hanging man, and two doctors sprang upon the plank to take note of the pulse and respiration. The heart beats were very rapid at first, but after six minutes began to lessen. In twelve minutes he was dead. The rope was lowered so the body could be placed on the plank, the knot was cut and the noose loosened, and then the black-cap removed, exposing the swollen and blackened face. His neck had been broken by the fall, but the rope had not cut the flesh. The body was placed in a coffin and shipped to Pomeroy, where it was buried by the dead man’s mother.

Strange to say, he expressed no desire to meet the aged woman before his death; on the contrary, he remarked at supper that the only person he cared to see was his child (illegitimate).

There has always existed grave doubts in the minds of some of Meigs County’s best citizens as to Terrill’s guilt. The evidence against him was purely circumstantial, but the jury evidently thought it strong enough to warrant a verdict of guilty.

He was accused of murdering an old man for whom he had previously worked. The opinion of the writer is that Josiah Terrill died an innocent man. This opinion is based upon evidence, and what could be learned from some of Meigs County’s best citizens. Certain it is that he was a poor illiterate man, without money and without influential friends.

Charles Phillips, the murdered man, was aged and decrepit. By frugality and hard toil he had accumulated quite a sum of money. Robbery was the motive of the crime, and a bludgeon and knife were the instruments of destruction.

Innocent or guilty, Terrill is in the hands of a just God, where he will remain until that great “Day of Judgment,” when all wrongs will be righted, and the innocent shown and the guilty punished according to the unerring judgement of an ETERNAL GOD.

Also on this date

2011: Reginald Brooks, flipping the bird

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 2011, multi-filicide Reginald Brooks was executed in the Southern Ohio Correctional Facility in Lucasville, Ohio.* He was the fifth man executed that year and, at 66, the oldest since 1999.


Brooks (top) and the children he murdered.

Although his guilt was never in question, he had spent close to thirty years on death row while his appeals wound their way through the system.

On March 6, 1982, just days after his wife filed for divorce, Brooks shot their three sleeping sons: Reginald Jr., 17, Vaughn, 15, and Niarchos, 11. He then bought a bus ticket to Las Vegas, taking the gun with him in his suitcase, as well as his birth certificate and high school diploma. The police caught up with him in Utah.

Brooks had some history of domestic violence, but his only prior arrest had been for grand theft. His aunt, when asking the appeals board for clemency, said he had a normal, loving relationship with his children. Before shooting them all in their sleep, that is.

His attorneys argued that his crimes were motivated by mental illness, namely paranoid schizophrenia. Brooks had a normal childhood and young adulthood, but started to fall apart in the years prior to the murders. He quit his job in the 1970s because he thought his coworkers were trying to poison him. (He never worked again and his wife had to support their family.)

Beginning around 1980, he began isolating himself from friends and family, and accused his wife of committing incest with Reginald Jr. The family tried to get psychiatric help for him, to no avail.

In spite of overwhelming evidence, Brooks never admitted to his crime and suggested various bizarre theories as to what had really happened. A psychiatrist who evaluated him in 2010 and 2011 believed Brooks genuinely could not remember shooting his sons.

There was, however, clear evidence of premeditation: Brooks had purchased the murder weapon nine days before the murders, lying on his application form where it asked if he’d ever been convicted of a felony. He also turned on the stereo in his apartment and left the music blaring loudly, presumably to drown out the sound of the gunshots. Then, after the murders, Brooks immediately left town, taking documents he would need to start a new life — clearly suggesting cognizance of guilt.

The prosecution conceded Brooks did have schizophrenia, but argued that his illness was not so severe as to make him incompetent or legally insane, and that he was lying when he said he couldn’t remember committing the murders. Attorneys for the state suggested he murdered his children to spite his wife, “through a twisted sense of jealousy, hatred, or despair.”

Brooks’s ex-wife, Beverly, witnessed his execution. He had no last words, but he did give a message: glaring at the glass behind which the witnesses were standing, he stuck out the middle fingers of both hands. And as he slowly lost consciousness and breathed his last, his middle fingers still stood erect.

* The Texas of the North when it comes to capital punishment.

Also on this date

1844: Hester Foster and William Young Graham

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

At 1:30 p.m. on this date in 1844 at the Columbus Penitentiary in Ohio, William Young Graham, aka William Clark, and Hester Foster, aka Helen or Esther, were hanged together for their respective crimes.

It was an integrated execution: Graham was a white man, and Foster was black.

Foster was the first woman to be executed in Ohio. (There would be just three more … so far.) The previous spring, while incarcerated for some offense lost to history, she beat a white female prisoner to death with a fire shovel. As this history of Franklin County notes, Foster admitted to her actions, but claimed the murder wasn’t premeditated and therefore not a death penalty crime.

Graham’s crime was somewhat similar; within a few months of the murder Foster committed, he killed a prison guard with an ax. His defense had been one of insanity.

The pair’s public execution was attended by thousands. In the atmosphere of “noise, confusion, drunkenness and disorder,” one attendee, a Mr. Sullivan Sweet, was accidentally trampled to death. Many more Ohio men would face the death penalty in coming years, but Ohio’s next execution of a woman would not be until almost a century later, with the electrocution of serial poisoner Anna Marie Hahn in 1938.

Also on this date


1782: The Gnadenhutten Massacre

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You recall the time when the Jesus Indians of the Delawares lived near the Americans, and had confidence in their promises of friendship, and thought they were secure, yet the Americans murdered all the men, women, and children, even as they prayed to Jesus?

-Tecumseh, to William Henry Harrison in 1810

This date in 1782 marks one of the more appalling single atrocities in the United States’s long destruction of indigenous Native Americans — the Gnadenhutten Massacre.

This incident during the American Revolution took place in the Ohio River basin, a vast and fertile flashpoint whose part in not only the revolution but the antecedent French and Indian War perhaps entitles it to claim the midwifery of the coming American empire.

After victory in the French and Indian War, the British closed the area west of the Appalachian mountains to European settlement. This proclamation:

  • Made good a wartime pact Britain had made to secure the support of the Iroquois, Lenape (Delaware) and Shawnee tribes; and
  • Trailed facts on the ground the moment it was issued.

European settlements and land claims already existed in the supposed Indian Reserve, and land-hungry settlers did not let the supposed frontier deter them from advancing new ones. Confrontations between these arriving claimants and the native inhabitants not infrequently came to atrocious resolutions.

By 1768, a new treaty pushed the line further west, effectively ceding to the colonists everything south of the Ohio River — present-day Kentucky and West Virginia.*


Map of the disputed area: the frontier moved from the yellow line along the Applachians to the orange line along the Ohio.

Ohio Country, the remaining territory in dark green shading north of the Ohio River, lay at the time of the American Revolution between the British garrison at Fort Detroit and colonial outposts along the nascent United States’s western marches, such as Fort Pitt (Pittsburgh).

The Lenape Indians in Ohio Country had a difficult calculation to make as to which side (if any) and how to support during the British-American fighting. The question split the Lenape internally.

In this cauldron, a strange morsel: Lenape who were Moravian** Christian converts had established a little missionary village. “Gnadenhutten” literally means “huts of grace”.

As one might imagine, Gnadenhutten and its sister settlements of pacifistic, Christian Lenape stood in a terribly ambiguous position in the brutal irregular war going on around them. Their fellow Lenape distrusted them because they were Christians; their fellow Christians, because they were Lenape.

Suspected by the British of being friendly enough with the American colonists to pass intelligence to their eventual murderers, these converts were in 1781 forced out of Gnadenhutten by British-allied Lenape to a new settlement aptly named “Captive Town”.

Starving there in the ensuing winter, the Moravians dispatched nearly 100 of their number back to Gnadenhutten to retrieve food abandoned at that settlement.

The Moravians were still at their village when a raiding party of Pennsylvanians descended on the town. Under no authority but the militiamen’s own festering grievances from the ongoing dirty war, the Pennsylvanians rounded up the Delaware and heartlessly declared their deaths.

Here were Indians who would pay for the violence Indians had done. And they were the best kind: the kind who didn’t fight back.

After spending a night praying and preparing for the end, the Moravian Lenape were systematically butchered on the morning of March 8† with mallet blows and scalpings.

Depending on your source, there were either 90 or 96 scalps to take that morning – women, men, and children in nearly equal proportions. At least one young boy survived the death squad and reported the massacre. Nor were all the militia themselves at peace with their deed.

one Nathan Rollins & brother had had a father & uncle killed took the lead in murdering the Indians, & Williamson was opposed to it; & Nathan Rollins had tomahawked nineteen of the poor Moravians, & after it was over he sat down & cried, & said it was no satisfaction for the loss of his father & uncle after all. — So related Holmes Jr. who was there — who was out on both Moravian campaigns, & Crawford’s. (Source)

Ah, Crawford’s campaign.

Later in 1782, another expedition of frontiersmen under Col. William Crawford set out “to destroy with fire and sword” a different Lenape settlement in Ohio. Instead, the Lenape met and routed the expedition, taking Crawford prisoner. He and the other captives from that misadventure would be burned to death, in part to avenge Gnadenhutten.

This, and whatever like tit for tat could be exacted in the field, was all the justice the Lenape could ever hope to have for the hecatomb of Gnadenhutten. European authorities declined to prosecute or sanction any members of the militia.


“Here triumphed in death ninety Christian Indians March 8, 1782″: inscription at the base of a memorial obelisk in Gnadenhutten. (cc) image from Mike Drabik.

* This might have been a nice solution, except that said treaty was made by the Iroquois — and only the Iroquois. For the Shawnee who actually lived and hunted in this cessation, this was two outside powers bartering their land. They didn’t mean to give it up on the say-so of the Iroquois. Another nasty frontier war followed, and even when that was won by Virginian militia, dissatisfied Shawnee continued targeting settlements in Kentucky; it’s partly for this reason that the Declaration of Independence slates King George III with having “endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.”

For more on the long and tragic Shawnee struggle in this period, see “‘We Have Always Been the Frontier’: The American Revolution in Shawnee Country” by Colin G. Calloway in American Indian Quarterly, Vol. 16, No. 1 (Winter 1992).

** The Moravian Church‘s name harkens to its Czech origins. It’s a successor to the reform tradition of Jan Hus.

† There are a few cites out there for the day before or the day after March 8.

Also on this date

1817: James Lane

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I was born near Goshen, in the state of Connecticut, about the year 1793. My father was a show-man, and his business leading him much from home, I was neglected, and suffered to follow my own inclinations … I chose for my companions the most vicious boys, and spent most of my time in quarrelling, fighting, sabbath-breaking, and other vices. I was indeed sent to school a short time; but, disliking restraint and study, made but little progress in learning. Thus by parental neglect on the one hand, and bad example on the other, were sown those seeds of vice, which, as will be seen in my narrative, produced such a dreadful harvest of crimes.

-From the Narrative of the life of James Lane: who was executed at Gallipolis (Ohio), September 9, 1817, for the murder of William Dowell, with some observations on his behaviour under condemnation : to which is added the address of the court, on pronouncing sentence of death upon the prisoner.

The gallows narrative commenced thereby will arrive on this date in 1817 at a hangman’s tree in Ohio. But it begins, as is customary, delving into the miscreant’s youthful forays into theft, through which he soon “stifled the voice of conscience, which cried against it.” He suffered 10 lashes at the public whipping-post of Litchfield for robbing a schoolhouse of books, and had a couple of close brushes for his habit of walking into unattended farm houses and making off with clothes.

The War of 1812 gave Lane the opportunity to mend his ways, or at least collect enlistment bonuses, which he did on at least three occasions. Being caught in desertion attempts one time, Lane was “sentenced to be cobbed two mornings, fifteen strokes each time. This mode of punishment is very severe. It is performed by laying the offender across a barrel, and whipping him with rods. Five or six others suffered the same punishment with me, some of them much worse than I.”

At last, following more successful desertions, he found his way up the Hudson to

Catskill, [where] I fell in with one Church, as hardened as desperate as myself. We formed an acquaintance with each other, and travelled together to a place near the city of New York. Here we went into a store to buy some small article; and the store keeper suspecting our money to be bad, I flew into a violent passion, snatched the watch from his pocket, and stamped it under my feet. Church then seized a scythe and drove him out of the door. We then locked ourselves in and in spite of the danger which threatened us, ate and drank our fill of the good things we found. By this time, a number of people had assembled in the chamber over our heads, and were making their way down the trap door to take us. Hardened, insensible, and enraged with liquor and passion as we then were, it would have been no wonder if we had put fire to some barrels of powder there. This we might easily have done; but either did not think of it at the time, or were prevented by some other circumstance. I thank God for preventing this dreadful crime; for preserving my life and the lives of so many people as would have been thus destroyed, and giving me a space for repentance.


But it seems so idyllic in Thomas Cole’s 1833 “Catskill Scenery”.

They got a three-year sentence in the penitentiary for this brazen raid, and Lane piously averred that “the time spent there was the happiest of my life.”

“But such deep rooted habits as ours are not to be cured by a few years of confinement,” the narrator continues, rubbishing the penitentiary movement without which he might have been hanged already. “No sooner were we at liberty, than we betook ourselves to our old course of life.”

The old confederates burgled in Albany, then wandered to New York, and Philadelphia, and Pittsburgh, separating along the way. Lane lived hand to mouth, moving town to town, working a day or two here and there, stealing when the opportunity arose, and wasting whatever money he laid hands upon “in drinking, carousing, and every other species of vice.”

Following the Ohio River, he made his last call at the river hamlet of Gallipolis, Ohio where he “first met with Dowell, removing from Virginia, for whose murder I am so justly condemned to suffer death.”

The next morning I went to his house, or shed, about six miles from Gallipolis, on my way to Chillicothe, entered, sat down, and talked in a friendly manner with him and a female slave, his house keeper. I then walked on to Mr. Ryan’s, about a quarter of a mile from Dowell’s, where the latter soon came in to buy some meat. We were both asked to breakfast, and accepted the invitation. When Dowell had paid for the meat, I perceived that he had about forty dollars left. To possess myself of this, I resolved to commit the horrid crime of murder! and this on a man who had never done me any injury, whose house I had entered an hour or two before as a friend, and been treated as such, and with whom I had just partaken at the table of the bounties of Providence; and not only on him, but on the woman also, and her four children, and then set fire to the home. Astonishing and incredible wickedness!!! Six human beings were to be sent to their final account, in a sudden and awful manner, and perhaps unprepared — and for what? That I might have a few dollars to throw away, or worse than throw away, as I had done with all my former ill gotten money!!? I can plead no excuse. I was able to work, and not ashamed to beg, till I could find employment. — Shall I say I was urged on by the devil? No doubt I was; but his temptation could have been of no avail, if I had not lent a willing ear to him. I had never resisted him. I was completely his slave! Just, I repeat it, is the sentence of death pronounced against me!!

Lane executed his exclamation-mark plan that night, stealing a cudgel from yet another farm and slipping back to ol’ Moneybags Dowell’s. When the house was asleep, he crept into the house and to Dowell’s very bedside, and slew him unawares with a mighty two-handed smash.

The blow woke Dowell’s slave — who is never referred to by name in this narrative — and after a struggle she managed to escape out the door and elude her murderous pursuer, and we presume her four children did likewise since they were also not murdered. When Lane returned to the emptied Dowell house, he could find no money — “for it since appears he had left it with Mr. Ryan.” He fled over the river into Virginia (today West Virginia), but was captured a few miles away, and as will be readily perceived, was thoroughly worked over before his execution by the local divine.

Since a small town like Gallipolis (population as of the 1850 census: 1,686) didn’t exactly have regular traffic to the gallows, this was a big occasion for the ministers as well. To Lane’s confession, the Rev. Gould appends a two-page summary modestly reviewing his soul-saving offices. Lane’s own biography traces the classic gallows narrative, from sabbath-breaking to the noose; the like formula for Gould’s review ought to be taking Lane from his initial condition, “destitute of all religious knowledge, insensible of his sinfulness, and unconcerned about futurity” to the hope of eternal salvation.

Gould, however, remained skeptical of Lane’s histrionics of religiosity. After the prisoner was sentenced, he “broke off profane swearing, acknowledged his guilt, and became sober,” but as Gallipolis’s pious citizens held prayer meetings in the jail or read the Bible to him, Gould thinks it was his narcissism as much as his conscience that was excited and “the increasing attention which he received from every kind of character, elated him, and did much to divert his mind from the thoughts of death.” Although sometimes “under lively representations of his situation and of the mercy of God in Christ Jesus, his feelings were softened into tears,” these interludes “lasted but a few moments” and “he showed no pleasing signs of repentance, no attachment to the Saviour.”

The evening before execution, like careless sinners, he was unwilling to be disturbed with the thoughts of his unpreparedness and danger. He said he had left off swearing, and had prayed a good deal; and therefore believed that God would pardon him. This appeared to be the foundation of his hope to the last. On the day of execution, his sensibility nearly or quite left him. He appeared not to realize his situation. When he was first placed upon his coffin, at divine service, however, he was affected … [but] on the gallows, he expressed his willingness to die, saying he had made his peace with God; but manifested little sense of the importance of death and of eternity.

Also on this date

1849: Andrew Tyler, clairvoyant

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Fortune Telling and Crime.

(Daily Ohio Statesman, August 22, 1848)

The trial in the case of Andrew Tyler, convicted and sentenced to die, at the late term of the Supreme Court held in Williams county, as accesory [sic] to one of the most wanton and singular murders of which the records of depravity and crime presents an example.

From the evidence given on the trial, as well as the confessions of Heckerthorn, the principal, (who awaits his trial in November next,) it appears that Heckerthorn was desirous of learning the art of fortune telling, and that as the initiatory step, Tyler persuaded him to kill Scamp’s child, and hide the body, designing then to leave the country together, and after some months return and get a reward for finding the body of the child, and thus establish a reputation as fortune tellers, by which they would be enabled to make a great deal of money.

A more inadequate cause for so great a crime we never learned of; and, on Tyler’s part, the instigation of the murder can only be explained by the supposition that long habits of deception and falsehood, practiced by him as a fortune teller, had darkened in his mind whatever little sense of right and humanity he ever possessed. -Kalida Venture

The Death Penalty
Horrible Account of a legalized murder in Williams county, Ohio, which took place on Friday week.

(Cleveland Plain Dealer, February 6, 1849)

If we are at times put to the blush for the crimes of our fellow-beings, we are as often shocked at the barbaraties [sic] of our race, who to retaliate for one crime commit another, no less offensive in the sight of God and man. We refer to the barbarous custom of strangling a man to death in cold blood for certain crimes which twelve men believe he has committed.

Here is an account of this legalized murder, committed no the 26th ult. in Bryan, Williams Co., the particulars of which contain enough of the horrible to gratify the most savage. The Spirit of the Age, published at Bryan, says:

About one o’clock, P.M. the prisoner was conducted on to the scaffold, accompanied by Rev. R.R. Walters, who, after the prisoner had taken his seat, delivered some very appropriate remarks from Acts, chap. 5th, verses 2nd, and 3d — a text selected by the prisoner.

A hymn was sung and prayer offered by Rev. Mr. Walters.

The prisoner then made a brief address to the assembly. He asserted his innocence in the strongest terms — declaring that he had nothing to do with the perpetration of the crime, for which he was to be executed. He said he had no anxiety to live — but felt prepared and desired to depart and dwell with his Saviour.

At the close of his remarks, he knelt down, and spent a few moments in audible prayer. He prayed for support in the terrible scene upon which he was immediately to enter — for the forgiveness of all who had sought his hurt, and that he and they might meet in a happier world.

At a quarter past two, the Sheriff adjusted the rope, which was already around the prisoner’s neck, drew the cap over his face, and bade him adieu.

He then descended the stairs, and as he went down, touched the spring with his foot, and the drop fell.

Here followed a scene, which was for a moment, shocking to all beholders — almost beyond description. To set the matter in its true light, it should be mentioned that Tyler had at all times insisted that he should be executed without any slack of rope.

Willing to gratify him so far as duty would permit, and in accordance with this oft-repeated and urgent request, the Sheriff gave him at first only about one foot of slack.

The instant the drop was sprung, the prisoner slightly crouched his body; by this means the hoose slipped around, bringing the knot immediately under the chin, in such a position that with his short fall it did not tighten at all, consequently he was merely suspended by the neck.

Probably his first slight fall suspended sensation and respiration temporarily for he hung quietly for a time; but this suspension was only temporary, and it is certain that nothing like strangulation was produced.

He soon recovered his breath, and commenced groaning and struggling as if suffering excruciating torture.

The spectacle at this moment was too revolting to witness; we noticed many who had thought and said, that they could look on his expiring agonies with a hearty good will, who turned away from the sight with blanched cheeks and looks of commiseration.

The Sheriff, probably somewhat overcome by the fearful duty he had attempted to discharge, did not immediately after springing the drop go around to see the true condition of affairs.

On learning the situation of the prisoner, he promptly ordered the scaffold raised, and no sooner was this done than he was upon it, and taking Tyler by the hand directed him to stand on his feet, which he was able to do without assistance.

Aided by Gen. Gilson, the Sheriff then proceeded to lengthen the rope, giving it about four feet additional slack.

Tyler still fervently begged them to shorten instead of lengthening it, but he was told that his wishes could no longer be regarded.

During this time, Ex-Sheriff Cunningham passed up the stairs, and taking Tyler’s hand, inquired if he still asserted his innocence; he replied, “I am innocent.”

Having adjusted the noose, and all others having left the scaffold, the Sheriff took his hand, and again bade him farewell. His last words to the Sheriff were — “For God’s sake shorten the rope.”

Again the drop was sprung, and Andrew F. Tyler was launched into eternity. He scarcely struggled after the second fall — after about thirty minutes, his body was taken down, placed in the coffin and carried back to an upper room of the jail.

Executed

(New York Commercial Advertiser, February 13, 1849)

Andrew F. Tyler, the “fortune teller,” convicted in Williams county, Ohio, as accessary [sic] to the murder of a small child in that county, was executed at Bryan, on the 26th ult. A large concourse of citizens assembled to see the spectacle, and in defiance of the law abolishing public executions, tore down the jail yard erected by the Sheriff. The last words of Tyler were, “I am innocent.”

If we recollect right, Tyler was charged with aiding in the murder of a child in order that the fortune he had preetended to tell might prove true. He declared his innocence of a murder of such strange motive to the moment of the falling of the fatal drop, and would it not have been better for the cause of justice, and just as well for the community to have sent him to life imprisonment as the gallows? His dying declaration may be true, for evidence that appears conclusive of guilt is not always so. -Cleve. Herald

The Popular Taste

(Boston Daily Atlas, February 22, 1849)

A man named Andrew F. Tyler, convicted of murder, was hung recently at Bryant [sic], in Williams county, Ohio.

The Dayton Transcript states that the Sheriff had built a high wood fence around the jail yard, in order to have the execution as private as possible, but the populace were so eager to witness the spectacle, they tore down the fence the night previous.

The brutal taste which prompted this act, is of the same character as that which leads crowds to witness prize fights, and makes momentary heroes of the vilest bullies in creation. -Cincinnati Gazette

(As inchthrift old-time editors were fond of forbidding walls of unbroken text, line breaks and white space have been added to all of the excerpts above. -ed.)

Also on this date

1897: William Haas and William Wiley

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1897, criminals William Haas and William Wiley became the first two people to be executed in Ohio’s electric chair. Haas had actually been scheduled to die earlier that month, but the chair had a damaged electrical coil and his execution was postponed so the coil could be replaced.


William Wiley (left) and William Haas.

Haas, an illiterate farm worker, had had murdered Mrs. William Brady, his employer’s wife, the previous summer in Cincinnati. He raped her, slit her throat after she threatened to tell her husband, and set the house on fire to cover his tracks. Some berry pickers nearby saw the fire, though, and put it out before it could cause any real damage. Haas found himself arrested that very same day. He was only seventeen years old.

Thirty-eight-year­-old Wiley, a tailor who was also from Cincinnati, had shot his wife to death in a drunken, jealous rage, “seemingly possessed by the devil himself.” After the murder he hid in a closet and was injured in the ensuing fight with police officers as they attempted to arrest him.

The prison officials made Haas and Wiley flip a coin to determine which would die first, and Haas “won.” He was electrocuted at 12:27 a.m.

Just after his body was removed from the chair, Wiley was brought in. A Sacramento Daily Union article summarized the results:

An examination of the bodies after they had been removed to the prison morgue did not disclose even the slightest abrasion or irritation of the skin at the points of contact, and the physicians and experts pronounced the executions as perfect as it was possible to make them.

Also on this date

2013: Steven T. Smith

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

At 10:29 a.m. on this date in 2013, 46-year-old Steven T. Smith was executed in Lucasville, Ohio for the 1998 murder of his girlfriend’s daughter, Autumn Breeze Carter.


Killer and victim.

The Ohio Parole Board called him “the worst of the worst” and concluded, “It is hard to fathom a crime more repulsive or reprehensible in character.”

No wonder: Smith had literally raped six-month-old Autumn to death.

Summing up the case in January 2002, the Ohio Supreme Court wrote,

We find nothing about the nature and circumstances of the offense to be mitigating. For ten to thirty minutes, Smith brutally raped and murdered Autumn Carter while her mother was asleep in the apartment. The violent nature of the attack was demonstrated by the fact that Autumn’s hair was ripped out, her vagina and anus were seriously damaged, she was suffocated by the weight of Smith on her small body, and she suffered subarachnoid and retinal hemorrhages. The crime is nothing less than a horrific, senseless murder committed against a small, defenseless baby.

Little Autumn died on the night of September 29, 1998. Her mother, nineteen-year-old Kesha Frye, woke up at 3:30 a.m. to discover a naked and extremely drunk Smith placing the baby’s naked body on the bed. Autumn’s tiny pink sleeper was found under the living room coffee table, clumps of her hair were on top of the coffee table, and shreds of her diaper were scattered around the room. The rest of the diaper was in a trash can outside.

According to court documents, paramedics summoned by Frye’s frantic 911 call

observed injuries on [Autumn’s] head and bruising around her eyes. They began CPR, and Autumn was transported to the hospital. The emergency room doctor testified that upon her arrival, Autumn had no pulse and had suffered a retinal hemorrhage. In addition to her visible bruising, the physician also stated that Autumn had bruising around her rectum and that the opening of her vagina was ten times the normal size for a baby her age…

They spent an hour trying to revive her, but it was too late.

Smith denied knowing anything about it: “I didn’t do anything. I’m not sick like that.”

He would keep up his denial for the next fourteen and a half years.

The cause of death was determined to be compression asphyxia and blunt force trauma to the head. Medical experts would testify that Smith could have suffocated the child by accident about three to five minutes into the assault, which may have lasted up to half an hour. The prosecution, however, contended he had deliberately beaten Autumn to death.

(During the trial, the coroner used a baby CPR doll to demonstrate how Autumn was injured. The doll’s head and one its legs actually came off in the process. One is reminded of the “Brides in the Bath” case where, when they were demonstrating how the defendant might have drowned his victim, they nearly killed their model.)

Five witnesses testified on Smith’s behalf during the sentencing phase of his trial. Relatives stated he’d started drinking at age nine or ten and struggled with an alcohol problem his whole life. His biological father was absent and his first stepfather was a violent substance abuser, but his second stepfather was a “decent guy” and his grandmother was also a positive influence early in his life.

A clinicial psychologist who tested him placed his IQ in the low-average range and could find nothing wrong with him mentally other than alcoholism and chronic, mild depression. A corrections officer testified Smith rarely broke the rules in jail and was always respectful of the guards. Prior to his arrest for Autumn’s murder, Smith’s only criminal convictions had been for DUI.

The month before his death, when he appealed to the parole board for clemency, Steve Smith finally admitted his crime. He said he hadn’t meant to kill Autumn and offered the lame excuse that he was too drunk to realize what he was doing. His attorneys called it “a horrible accident.”

That Steve Smith was very, very drunk that night was never in doubt. Eight hours after the attack his blood alcohol level tested at .123, well above the legal limit. The police found ten beer cans in the trash bin with Autumn’s diaper. An expert who testified for the defense believed Smith’s blood alcohol level was somewhere between .36 and .60 at the time of Autumn’s murder — enough to kill most people, but Smith had developed a tolerance.

Smith’s last meal consisted of fried fish, pizza, chocolate ice cream and soda. He declined to make a final statement. He only stared at his daughter behind the glass. She and her cousin wept after Smith was pronounced dead; Autumn’s family cheered.

The various people involved in the case had different reactions to Smith’s execution.

Kesha Frye: “I’m glad he’s dead, and I hope he burns in hell.”

Patrick Hicks, Autumn’s grandfather: “Because of him, Autumn never had a chance to take her first step, she never had her first birthday or a first day at school. It’s just unfortunate that this man gets to die a peaceful death after the torture he put Autumn through.”

Brittney Smith, Steve’s 21-year-old daughter: “I know my dad’s innocent. I do not believe he did this, and you know, he raised all my cousins, my sister before I was even born, and he never did anything [sexual].”

Steve’s attorney: “He was well-behaved and sober while in prison, causing no problems in the institution and living each day with the guilt and grief caused by his alcohol-fueled crime. While some may trumpet his execution as appropriate revenge for his crime, Ohio is no safer having executed Steven Smith than had he lived the remained of his natural life in prison.”

Maybe so. But Ohio probably felt better for it.

Also on this date

1819: Neyonibe and Naugechek

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From the Northern Sentinel, June 18, 1819:

Extract of a letter, dated Danbury, (Ohio) May 6, 1819, addressed to a gentleman in Albany.

I thought it would be prudent to inform you of some unhappy circumstances which have recently occurred in our neighborhood, in order to save you from any groundless alarm, which common report might create about us.

Last Sunday, a week, (April 25,) we received the intelligence, that two of our neighbors, George Bishop and John Wood, had been found a little above the forks of Portage river, cruelly butchered by the Indians. We immediately armed ourselves, and proceeded to the river’s mouth, where the bodies had been brought.

An inquest was immediately held over them, and on examining them, found “they were murdered willfully, by persons unknown.” — I dare say, in your time, you have seen men sufficiently cut up, but never like them. On the head of Bishop alone, there were six strokes of a tomahawk, each of which let out the brain; his eyes ran out, &c. A page would not be sufficient to give you a description of one body.

The Indians in the neighborhood appeared much alarmed, and kept coming in all day. A number of them volunteered their services to go with us in pursuit of the murderers — some of them we accepted.

After we had buried the bodies, we held a council among ourselves, and agreed that we would parade all the Indians, and express to them what our determination was. The duty of addressing them was performed by me, through an interpreter, in which I set forth to them, our determination to have the murderers at all hazards — our ample abilities to take them, wherever they were — and it was their duty to have had Indians cut off to prevent future crimes.

After I had finished, Sasa, a young, bold and enterprising chief, (who with the other Indians, had listened with extreme attention, and great solemnity,) said in answer “that he with his party, would find the bad Indians, or never return again; he was thankful that the white men did not think them guilty, and they would show by their conduct, that our confidence in them was not misplaced.”

We organized them under a Mr. Tupper, and two other white men — gave them rations, and on Monday morning early they started. They left their squaws to whom we issued rations.

We then returned home, to act as circumstances should require.

On Wednesday, an express came to us, with the report that the murderers, with many of their tribe (Potowattomies,) had assembled near the place of the murder with hideous shrieks, yells, &c.

We immediately got together and I was chosen to command. Away we marched, or rather ran, and encamped at Portage, after sunset. Early in the morning we started — forded rivers, creeks, marshes and prairies, and crosses Toupoint river, before noon, (30 miles,) about two miles beyond this river we met Tupper & his party, with the three murderers, prisoners. These had taken them by the consent of their chiefs two nights before, near the forks of the Miami river — surprised them in their camp about midnight, in the midst of a large settlement of that powerful tribe, and travelled back, with all their strength for fear of being pursued and overpowered. We were still among them and in danger of a rescue.

I accordingly ordered our refreshments to be given them, and in fiteen [sic] minutes we marched again. Before dark we reached Portage again; and the next day at 4 o’clock we delivered them at Portland, or Sandusky city, to the sheriff.

The same night a legal examination of the prisoners took place, who made a full confession of the murder. They also told where they had secreted the plunder. A party was despatched to find it, who have returned it. Our circuit court sits the 18th of this month, and they will undoubtedly condemn them to be hung.

There is not in the annals of the United States, an instance of such a rapid pursuit and capture of Indian murderers, as the one I have now related. Our friendly Indians received handsome presents, and all is now in peace and quietness.*


From the Cleveland Register, June 8, 1819:

TRIAL FOR MURDER.

We have been politely favored with the trial of the three Indians, who were taken on suspicion of having murdered Messrs. Wood and Bishop, on Portage river, Huron county, Ohio.

At the court of Common Pleas, held at Norwalk, Huron county, Ohio, May term, 1819: three Indians by the names of Neyonibe, Naugechek, and Negossum, were indicted and tried for a murder committed a few weeks since on the bodies of two white men John Wood and George Bishop — Wood and Bishop were out hunting and taken lodgings for the night, in a small hut, a few rods from Carrying river, and 8 or 10 miles from its mouth, where the horrid deed was perpetrated.

The Indians could neither speak nor understand English; all communications with them was [sic] by means of an interpreter. Counsel were assigned them by the court, and on the indictment being read and interpreted to them, they elected to be tried by the court of common pleas, and severally plead not guilty, and the court proceeded to try them separately.

Neyonibe was first tried, who was informed of his privilege of peremptorily challenging twenty three jurors. This privilege, on the jurors being singly called and presented to his view and after a short but critical view of the jurors countenance, he exercised with much promptness and decision. He challenged nearly half that were called.

The evidence to support the charge was chiefly derived from the confession of the prisoner. From these, it appeared to have been a deliberately formed plan by Nangachek and Neyonibe, who knew where Wood and Bishop spent their nights, to murder them and pillage their property.

They accordingly accompanied by Negossum, and armed with hatchets, went in the night to the hut where Wood and Bishop were; and each took his man in a profound sleep, and by repeated strokes with their hatchets, upon the heads and breasts of their victims, they dispatched them, in a few moments and took what property they had with them a part of which they concealed near the place.

It was proved that the property was afterwards found in the place, where they acknowledged they had concealed it.

This case was so plain that the counsel, on both sides deemed it useless to argue it to the jury. Judge Todd, on submitting the cause to the jury, in a very concise and lucid manner instructed them, by what principles they were to be governed in forming their verdict; and the jury after retiring a short time, returned a verdict of Guilty.

Naugechek was next tried and convicted. This case did not differ in a material point from Neyonibe’s, and the circumstances attending their trials were similar.

The case of Negossum who was last tried excited much the most interests.

He is a lad about 16 years old, of good appearance, and as was proved had sustained a good character.

He also peremptorily challenged a number of jurors.

The principal evidence in this case was also derived from his confession, and his declarations accompanying them. From these it appeared, that the other two had taken him into their company without disclosing to him their plan, until they had approached near to the place of murder.

He then being partially intoxicated went on with them voluntarily, but carried no weapon to the hut where Wood and Bishop were; but it did not appear that he knew that to be the place where they lodged, until he entered it with his companions.

Upon entering the hut he went to the opposite side from where Wood and Bishop were, asleep, and there stayed until the murder was committed.

Then Naugechek, told him he should do something, and ordered him to come and strike but he did not move, Naugachek then reached forth his bloody hatchet, and in anger told him to come and strike, he then took the hatchet, and with the handle of it, struck several times across the legs of the dead body of Bishop.

He took none of the plunder, at the hut, but some of it was given to him, afterwards by the other Indians.

After hearing the testimony, the attorney for the state entered a Nolle Prosequi, and the prisoner was released.

Naugechek, and Neyonibe received their sentence, and are to be executed on the first day of July next, between the hours of ten and twelve o’clock. They are of the Potawatama tribe — Negossum is of the Ottowa tribe.

Naugechek, in attempting after he was taken to make his escape, was severely wounded by a shot from one of the keepers. Probably he never could recover from his wounds, and they may prove mortal before the time set for his execution.


From the Utica (N.Y.) Columbian Gazette, July 20, 1819:

Warren, (Ohio) July 8. — On Thursday last, agreeably to their sentence, Naugechek and Neyonibe were executed for the murder of John Wood and George Bishop, at Huron [county, specifically Norwalk -ed.].

They met their fate, we are informed by a gentleman who was present at the execution, with that stubborn impertinence and unconcern so characteristic of the savage tribes; regretting only that they could not be shot or tomahawked instead of being hung, stating the the Great Spirit would be angry with them for appearing before him with a halter about their necks.

One of them, however, a day or two previous to their execution, expressed a wish that he might live to kill six more white people to make up the number of twenty, saying that he had already killed fourteen — and then he would not care how he died. It was thought that there were upwards of two thousand spectators present; and among them but six Indians, who viewed the scene with apparent indifference.

* The reader will surely guess that no pleasant feelings from this or any other incident between the peoples would serve to protect the Potawatomi in the end from westward removal — which is why the name of this nation from the Great Lakes region adorns a creek in Kansas, and the pre-Civil War “Pottawatomie massacre” of John Brown‘s anti-slavery partisans that occurred near said creek.

Also on this date

1872: John Barclay

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On this date in 1872, John Barclay hanged in Ohio for murder — and was almost reanimated for science.

Barclay was a late-twenties knockabout of the area whom the Cincinnati Enquirer judged “does not look the diabolical murderer he is charged to be.” (“except his eyes”: from the May 23, 1872 edition, as are the subsequent quotes in this section)

Charles Garner, his victim, was a livestock merchant who specialized in supplying the Columbus butchers. On November 28, 1871, Garner headed out of Columbus rich with cash from a successful business trip. Barclay knew both Garner and the butcher with whom he was transacting business, one J.B. Rusk, and had hung about with them during the day — even holding open the bank door as Garner entered to cash Rusk’s check.

In the evening, hearing that Garner was about to depart, Barclay ducked into a nearby general store, inquired about buying a hatchet, and not being able to find a suitable one, settled for buying a yellow-handled hammer instead. Then he apparently hopped on the back of Garner’s wagon just as it set out, where a great heap of merchandise obscured him from the driver’s view.

Four miles out of town, at a bridge over Alum Creek, Barclay presented himself to his unknowing chauffeur and bludgeoned him with the hammer, “crushing in the skull so that the brain was exposed” — then fled on foot, having relieved the victim of several hundred dollars. The mortally wounded Garner somehow managed to drive the wagon to a house two miles further down the road, where he died five days later. A surgeon who attended him later testified that “brain, matter and blood [were] issuing from head and nose … a portion of forehead was an open wound; a portion of the brain was broken in and a portion lost.” Barclay would eventually confess the crime.


A most unusual postscript was appended to the execution of the hanging sentence.

Barclay willed his body to the benefit of the Starling Medical College in town, and there a local high school teacher named Thomas Corwin Mendenhall subjected it to the Frankensteinish jolts of a galvanic battery.

The dream, of course, was to reanimate the corpse altogether — although a history mused that the Supreme Court judges who also took enough interest to attend the experiment “might have to pass upon the uncanny question of Barclay’s legal status as a living person who had already suffered the death penalty.”*

Barclay hanged at 11:49 a.m.; by 12:23 p.m., his flesh was on the table under Mendenhall’s probes. Notwithstanding the dispatch of the scientists they did not accomplish his resuscitation, although the Cincinnati Commercial (Oct. 5, 1872) reported some ghoulish simulations of life:

The first test was on the spine. This caused the eyes to open, the left hand to become elevated, and the fingers to move, as if grasping for something. The hand finally fell, resting on the breast. The battery was then applied to the nerves on the face and neck, which caused the muscles of the face to move as in life. The test was next applied to the phrenic nerve of the left arm, and afterward to the sciatic nerve.

The next year, Mendenhall was hired as a physics instructor by the new Ohio Agricultural and Mechanical College in Columbus: while he would go on to a varied and widely-traveled career in the sciences, Mendenhall has the distinction of being the very first faculty member at the institution known today as Ohio State University, and the namesake of its Mendenhall Laboratory building. (Starling Medical College, site of the galvanic experiments, would also be absorbed into OSU’s college of medicine.)

* It ain’t like they’d be the only ones to ever confront that difficulty.

Also on this date


1833: Ira West Gardner, creepy stepfather

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On this date in 1833, Ira West Gardner [Gardiner] hanged in Warren, Ohio — the only person ever executed in Trumbull County.

Gardner reads like the kind of rotter to inspire a Lifetime TV obsessed-stalker thriller: in the tiny township of Gustavus, he married a widow named Anna Buel[l] with a teenage daughter. Even the trial records are delicate on what transpired between young Maria and her stepfather — “for some reason, not very satisfactorily shown in the proof, she, for a short time before her death, evinced a strong desire to leave your roof, under circumstances which induced her friends to believe she was in fear of you.” The girl “was seen running from home disordered” and took refuge with a nearby farmer named Mills, where she turned up “barefooted, and without a handkerchief to put on her neck.” This was just two or three days before her murder on August 8, 1832; if the reader is getting a distinct whiff of sexual assault, well, one neighbor “told Gardner, that Maria had said, he had had criminal intercourse with her in a manner that would send him to the penitentiary.” Gardner denied it, but his obsessive behavior tells a different tale.

For Mills, Gardner showed the reasonable neighbor, and tried to persuade his absconded stepdaughter to return — but also agreed she was of age to go her own way if she preferred.

But to others, he made less compromising and much more sinister intimations, like “Maria has got to go home and live contented or I will be the death of her — I will have my revenge.” That’s actually less a sinister intimation than a highly specific threat.

Dad was able to put off his menacing aspect as a temporary fury that had come and gone, and he eventually negotiated with Maria via another neighbor, Bidwell, to allow her to return for her clothes. As soon as she got there, with Bidwell right there in the house too, Gardner suddenly produced a butcher’s knife and stabbed the unhappy object of his obsession in her chest and stomach. Though he was instantly subdued by Bidwell, the deed was done: Maria expired in ten painful minutes while Gardner ranted demonically to the arriving neighbors.

“I told you you had outwitted me last night, but that I would match you yet,” he said to one who had tried to reason with him. “I have done it, and got my revenge.” The killer was fixated on the idea of townsfolk who had lately tried to smooth out the situation as adversaries to “outwit”; to another he taunted, “I have now outgeneraled you as I told you I would — I did the deed, and did it effectually.”

(It was later found that this Scipio had also readied a pitchfork and an axe should he have the opportunity to chase after her.)

Per the history of Trumbull County written by Republican activist and suffragist Harriet Taylor Upton, Gardner

was escorted to the place of hanging by a great procession and band … people who had children away at school brought them home to witness the execution. We now wonder how these parents reasoned, but one of the young men who was thus brought many miles remembers that his father said he might never have another chance to see another hanging, and he was right. The children of the sixties were not like those of thirties, for the former always shivered as they passed the corner of South and Chestnut streets on the way to the cemetery, and dare not look towards the tree from which Gardner is supposed to have swung. Whether the tree was still standing at that time is not certain. Possibly children are like men and horses, less afraid where many people are congregated.

Sheriff Mygatt said that he did not believe he was going to be able to discharge his duty in the case of Gardner, but that he did work himself up to the point. He took the prisoner in his own carriage, led by Warren’s first band, which played a dire. The military organization formed a hollow square around the scaffold. Elder Mack, a Methodist minister, walked with Mr. Mygatt and the prisoner to the scaffold. A hymn was sung, in which the prisoner joined, and he was then swung to a great overhanging limb where he breathed his last.

“The young, beautiful & innocent Frances Maria Buel who was butchered by her stepfather” still has a marker in the East Gustavus Cemetery. Gardner rests in an unmarked grave.

Also on this date

1938: Anna Marie Hahn, serial poisoner

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On this date in 1938, serial poisoner Anna Marie Hahn was electrocuted in Ohio.

The Bavarian-born immigrant had arrived to Cincinnati espoused to a young telegraph operator. Hahn herself tried her hand at a bakery but soon tired of the tedium of honest work and set herself up better in the lucrative business of elder abuse.

Using an ancient ploy still effective to this day, the “plump and pretty” young woman flitted about the German emigre circles of Cincinnati advertising herself as a live-in caretaker for senior citizens. Once retained, she was in a position to price-gouge for her “services”, pilfer from the estate, and even to so insiniuate herself into her clients’ good graces as to enter their wills. Her first victim, Ernest Kohler, actually left her a boarding house: pretty good work compared to rolling out dough before the sun came up.

Using a variety of poisons,** Hahn killed off five known victims during the Great Depression, making off with tens of thousands of dollars in the process that she largely squandered on gambling.*

The first woman to die in Ohio’s electric chair, Hahn was reportedly stoic until her last hours. Then, overcome by desperation, she slid into a state of collapse and even at the last moments of life bawled “incoherent” pleas to a warden who of course had no authority to help her. Robert Elder of Last Words of the Executed (both blog and book) — quotes her frightful last words thus:

Good-bye all of you and God bless you … Mr. Woodard [the warden], don’t do this to me. Think of my boy. Can’t you think of my baby? Isn’t there anybody who will help me? Is nobody going to help me?

* One clever fellow, George Heiss, escaped her clutches when he grew suspicious of a mug of beer she presented him; when Hahn refused to sample it herself, he sacked her — but he did not report her.

** Her husband tipped police off by reporting that she had a bottle in the house literally labeled “poison”. (It was croton oil.)

Also on this date

1893: Frank Van Loon, via a mother-in-law’s vengeance

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From the out-of-print The palace of death, or, the Ohio Penitentiary Annex: A human-interest story of incarceration and execution of Ohio’s murderers, with a detailed review of the incidents connected with each case by H.M. Fogle (1908):


A Youthful Bank Robber’s Fate

“Truth is stranger than fiction.” In how many ways is this aphorism verified! Nowhere is it more strangely true than in the dark and mysterious records of crime. That a perilous sea, only occasionally visited by the ships of commerce and civilization, should witness the development of bands of pirates whose bold and cruel deeds have terrified the voyagers, and furnished themes with which the romancer could charm the morbid tastes of the lovers of the gruesome, is a thing to be expected. That a wild and sparsely settled region, abounding in fastnesses and hiding places, yet crossed by trains bearing rich treasures, should be the field in which a drove of dehumanized desperadoes carried on their nefarious trade, is in no way surprising. Storm-tossed, wreck-strewn seas and hurricane-swept prairies, nurture, or at least harbor, such characters as their appropriate children. There is nothing strange in the fact that wild regions should be the home of wilder men. The romancer can make his story as wild and improbable as he chooses; there is no one who will rise to contradict him.

It is strange, however, that such men should spring up amid peaceful surroundings. It is stranger still that a penchant for crime, carried out into deeds of more reckless daring than those of the wild and unrestrained West, should be nurtured in the quiet rural districts of Northwestern Ohio. Yet, strange to say, in this almost Arcadian corner of a great civilized state, a corner whose agrarian peacefulness was never broken by harsher sounds than the melody of church bells, or the cheerful call of the locomotive, there have been conceived and carried into execution crimes that would stand out boldly even on the pages of the wildest fiction. This corner of the state was the home of the now famous “Jack Page” band of arsonists, who terrorized the country a quarter of a century ago. Here, also, lived the man who furnished the occasion of this sketch, Frank Van Loon. Of his dare-devil deed let the reader judge.

The Supremacy of Nerve

On the seventh day of August, 1891, the village of Columbus Grove, Putnam County, Ohio, was startled out of its quiet, humdrum routine by a daring daylight robbery and murder. A young man, unknown to the few chance stragglers about the streets of the quiet village, entered a hardware store. By sheer force he compelled the person in charge to give him two loaded .38-caliber revolvers. With the dash of a true desperado, he rushed across the street to the bank. He entered the bank, broke the glass in front of the cashier’s desk, reached through and secured $1,365. The bank officials, terrified by the suddenness of the attack, dropped through a trap-door into the cellar. One of them, by venturing to look out of his hiding place, was shot by the nervy robber. The ball took effect in the shoulder, producing a painful, though not fatal wound. While the desperado was holding the bank employees at bay, an old man by the name of William Vandemark entered the bank to transact some business. Vandemark was ignorant of the fact that a desperate robbery was at that moment being committed. The robber, hearing some one enter, turned quickly and fired at the innocent intruder. The shot was fatal and Vandemark was instantly killed. As the desperate man rushed out of the bank, he shot at a man who was peacefully driving along the street. The daring young man made his escape across the fields without being recognized.

A Mother-in-Law’s Vengeance

Who this daring robber and murderer was might have remained an undiscovered fact, had it not been that a certain young farmer by the name of Frank Van Loon had, by his innate meanness, incurred the implacable hatred of his wife’s mother. Ever suspicious of her son-in-law, the woman entered his room on the morning of the day following his crime, noted that his boots were muddy, and found in his pockets the guns and the stolen money. This woman, having heard in the intervening time of the crime committed in Columbus Grove, reported her findings to the officers. The officers, knowing of the unhappy condition of things in the Van Loon home, for a time paid no heed to the advices which they received, thinking it was only a mother-in-law’s spite [at] work. But when the information had been several times repeated they concluded to investigate, and found things as the mother-in-law had reported. Van Loon was arrested. He was given a speedy trial, convicted of murder in the first degree, and sentenced to be hanged.

In the Palace of Death

Frank Van Loon, serial number 23,313, on the twelfth day of May, 1892, entered the Annex of the Ohio Penitentiary. It was his final leave-taking of God’s beautiful world of sunshine and fragrance. Never again was he to see the earth and sky meet. When he left that Place of Doom it would be as a lifeless body.

Through the law’s delay Van Loon was permitted to drag on a miserable existence between hope and despair for fifteen months. In these months of waiting he employed a part of the time in writing a history of his life. In this composition the natural selfishness and brutality of his nature were plainly manifest. It was evident from the underlying tone of his autobiography that he did not recognize that his fellow-man had any rights which he was bound to respect, especially if those rights stood in the way of his wishes being attained. His towering egotism was undoubtedly the soil which nurtured and brought to maturity the disposition which made possible his cruel crime. [editor’s note: my researches have failed to locate this interesting artifact for the modern reader’s edification.]

This egotism was constantly being made evident by his actions during his stay in the Annex. Much of the time during his waking hours was passed in quarreling with his keeper. These contentions one day led to a desperate struggle between Van Loon and Guard Bowman for the possession of an ice pick. When Van Loon had been let out of the cage for some purpose, he endeavored to get possession of an ice pick, as the only available weapon with which to kill the Guard. Both men being well developed and powerful, a desperate struggle ensued, in which the superior skill and greater endurance attained by careful training gave the victory to Guard Bowman.

The Deepening Shadows

Frank Van Loon’s long stay in the Annex was drawing to a close. The brief day of his earthly career was rapidly nearing the end. The shadows were growing deeper. Soon his sun would set in utter darkness. Van Loon had lived but twenty-three years of mortal life. They had, however, been years fruitful of enormous results in crime and meanness.

August 4, 1895, was his last day on earth. It was a dark and stormy night which preceded that day, but not more dark or more stormy than had been the young life that was that night to be taken as a forfeit to the State. Frank Van Loon’s life had been a rebellion against the laws of God and man. While the officers of human law were preparing to take satisfaction for the outrage that had been committed against it, the artillery of heaven was flashing defiance and thundering menaces and pouring down torrents of rain, as if to make it known to the universe that the sin-scorched soul which the laws of man had decreed should no longer dwell among the habitations of earth, should not rise into that world where “no wicked thing cometh,” but must turn away from heaven and wander forever in the “outer darkness.”

When the midnight hour had come, the march from the Guard Room began. Noiselessly the guards moved over the sawdust covered corridors to the Annex. The Warden, Hon. C.C. James, read the warrant to the condemned man. The same nerve that characterized the attack on the bank was manifest in this last and closing ordeal of his life. Unassisted and unfalteringly he mounted the steps to the gallows and and took his place on the trap.

While standing on the trap Van Loon sang in a strong, clear voice, “Nearer My God to Thee.”

There was no tremor in his voice, nor quaking in his limbs. Apparently without fear he gave voice to the familiar hymn. Strangely the music floated out on the midnight air, while the terrific electrical storm, raging without, seemed playing the accompaniment. The deep diapason of Nature’s orchestra, blending with the stentorian voice of the singer, echoed and reverberated through the adjoining corridors of the prison until many of the prisoners were startled from their slumbers. On hearing the hymn and its wild accompaniment, and remembering that it was the night of Van Loon’s execution, they listened with bated breath, scarcely knowing whether to attribute the unwonted disturbance to earth, heaven or hell; wondering whether the voice was that of man, angel or demon.

At the close of this strange oratorio, the trap was sprung; the body shot downward. The execution was a success. Frank Van Loon was no more.

On this day..

1924: A day in the death penalty around the U.S.

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From the New Orleans Times-Picayune, Dec. 13, 1924:

Shreveport, La., Dec. 12 — Alfred Sharpe, about 25 years old, a negro, was hanged here today at 12:16 p.m. for the murder of Tom Askew, a white man, veteran of the World war and manager of a plantation near Keithville, which occurred last September 9.

Sharpe, in a statement just before going to the gallows blamed liquor for his trouble. He admitted since his captured two days after the killing that he was guilty.

The negro, who was unable to read or write, and did noot know his exact age, said as he mounted the scaffld: “I know I violated the law and that the law must be fulfilled.”

From the Cleveland Plain Dealer, Dec. 11, 1924:

COUMBUS, O., Dec. 11. — Alexander Kuszik, 20, of Akron, must die in the electric chair at the state penitentiary shortly after 1 a.m. tomorrow for the murder of his thirteen-year-old cousin, Elizabeth Nagy, who spurned his proffered love.

Gov. A.V. Donahey late today denied a last minute appeal by Kuszi’s counsel that the death sentence be commuted to life imprisonment. This plea, supplemented by the testimony of three alienists [psychologists — ed.] to the effect that Kuszik was not mentally responsible for his acts at the time of the crime’s commission, failed to convince the governor, however, that he should exercise his powers to extend clemency

Even Kuszik’s counsel, C.G. Roetzel, former prosecutor of Summit county, admitted the crime for which Kuszik was convicted was one of the most brutal on record, and made no claim the prisoner was insane. Roetzel based his plea for clemency on the theory, supported by alienists, that Kuszik was mentally irresponsible although he did know the difference between right and wrong.

Theory of Alienists.

The alienists advancing this theory were Dr. J.C. Hassall, superintendent of Fair aks sanitorium, Cuyahoga Falls; Dr. Arthur G. Hyde, superintendent of the Massillon State hospital, and Dr. D.H. Morgan of Akron.

Drs. Hassall and Hyde had made their observations of Kuszik within twenty-four hours after the crime had been committed. Dr. Morgan made his observations about a month later.

These specialists made their examinations at the request of Prosecutor Arthur W. Doyle, but their testimny was not used at the time of the trial, Dr. Doyle explained, because he reached his own conclusion that Kuszik was responsible for his acts.

Countering the views of this group of alienists was the testimony of three others who, after making an examination of Kuszik at the governor’s request, reported that the youth not only was not insane but that he was mentally responsible.

Mentality Subnormal.

These alienists were Dr. Charles F. Clark, superintendent of the Lima State hospital; Dr. H.H. Pritchard, superintendent of the Columbus State hospital, and Dr. Guy Williams, superintendent of the Cleveland State hospital. They all said Kuszik had no mental disorders. All the alienists had agreed that Kuszik’s mentality was sub-normal — that it represented the mentality of a child of about 11.

Prosecutor Doyle told the governor that, in his opinion, so long as the state recognizes capital punishment Kuszik’s case was one in which it should be used.

Kuszik exhibited no concern when told his appeal had been denied and that he was to die.

In complete control of his faculties, he walked even jauntily to the death cell to spend his few remaining hours.

“The youth has shown more spirit today than at any time since confined,” Warden P.E. Thomas said.

Two consecutive stories from the Portland (Ore.) Oregonian, Dec. 13, 1924:

WALLA WALLA, Wash., Dec. 12. — Thomas Walton, convicted of the murder of S.P. Burt, a fellow convict, in the state penitentiary here October 7, 1923, was hanged at the penitentiary this morning. The trap was sprung at 5:06 A.M. and the prison physicians pronounced him dead 10 minutes later.

Walking to his death with the same fearlessness that he has displayed since the beginning of his prison career, Walton refused to make any final statement and even declined to talk with Rev. A.R. Liverett, prison chaplain, or Father Buckley, Catholic priest, in his cell prior to the execution.

His body will be sent to relatives in Montague, Cal.

Although Walton paid the penalty for killing Burt, he has of official record killed two other men. The first was in 1915 in California, for which he was sentenced to life imprisonment in San Quentin prison. The other was that of George McDonald, cellmate of Burt, whom he stabbed following his attack on Burt.

Walton and Burt were life termers in San Quentin and made their escape together in a prison automobile in January, 1923.

FOLSOM, Cal., Dec. 12 — Robert Matthews, negro, convicted of the murder of Coleman Stone, a grocer near Los Angeles, was hanged at the state prison here this morning. [Joe] Sinuel will be hanged next Friday.

On this day..

1928: Floyd Hewitt, “Boy Clubber”

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1928, seventeen-year-old Floyd Hewitt was executed in Ohio’s electric chair for the horrific murder of a farmer’s wife and five-year-old son.

Floyd grew up in rural area outside Conneaut, Ohio. Although at 6’4″ he had the body of a grown man, he was mentally disabled, callously described by his defense attorneys as “a moron with a ten-year-old’s intellect.” One newspaper portrayed him thus:

He is not considered of normal intellect, his drooping mouth, dull eyes and appearances contributing to the opinion. He was not bright in his classes at school.

On the evening of February 14, 1927, he visited a local farm belonging to the Brown family. He was a frequent visitor there; he loved listening to jazz music on the radio and the Browns were the only family in the area who had a set at home. Celia Brown’s husband, Fred, was away in town and she was home alone with their son Freddie.

This news column and this article describe what happened in detail. Floyd got “stirred up inside” by the music. Feeling “an overpowering love,” he made sexual overtures towards Celia, who slapped him. He hit back, and she grabbed the fireplace poker to defend herself, but he tore it from her hands. In the ensuing fight Floyd hurled Celia down the stairs and struck her repeatedly with the poker until she was dead. Then, afraid the little boy would tell on him, Floyd chased Freddie into the basement and beat him to death with a baseball bat, too.

Then he went back upstairs, washed his hands, walked the short distance home and sat down to read the newspaper.

Fred Brown got home a little after midnight, found his wife’s body on the porch. There was blood everywhere. Fred summoned neighbors and the police. After searching the rest of the house, the neighbors found little Freddie’s body in the basement.

Floyd rapidly came under suspicion; he literally left a trail of footprints right to his front door. The next morning he was arrested, wearing the same bloodstained sweater he’d worn the night before. One of the buttons had been torn off and was left at the crime scene.

Within hours, Hewitt had made a full confession. He even went so far as to take the police on a tour of the Brown house to point out what had occurred and where. The next day, however, he retracted his statements and would maintain his innocence until his death.

The press bluntly christened him “the boy clubber.”

On the first day of his trial, as he was taken into the courtroom, Floyd remarked, “This is certainly a beautiful day, isn’t it?” One reporter described him as “like a big overgrown boy, who did not realize the seriousness of the crimes with which he is charged.”

He was indeed an overgrown boy, only sixteen years old at the time of his crime, but the prosecution demanded the death penalty.

Death penalty expert Victor Streib in this review of Ohio juvenile executions summed matters up thus:

Although indicted for two first degree murders (mother and son), he was tried only for the first degree murder of the five-year-old boy.

During the three week trial, the state relied heavily upon Hewitt’s signed confession while the defense stressed Hewitt’s mental disabilities. On April 26, the jury returned a verdict of guilty without a recommendation of mercy.

Hewitt appealed, and his execution was postponed for a time, but the appeals process wore down in less than a year and the board of clemency refused to recommend a commutation to the governor …

Hewitt’s chronological age at execution was seventeen, but his mental age remained forever fixed at ten.

Floyd Hewitt might have been the youngest person ever executed by the state of Ohio, and he was the first from Ashtabula County. A “bedraggled figure … with his long black hair hanging low over his face,” and clutching a photo of his family, he died in the electric chair at the Ohio State Penitentiary Annex at 7:43 p.m.

On this day..

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