Showing posts with label Electrocution. Show all posts
Showing posts with label Electrocution. Show all posts

04 March 2019

Death chair takes Lepke, two aides

On this date in 1944...


Louis "Lepke" Buchalter, longtime New York City racketeer and reputed overseer of the underworld's Murder, Inc., enforcement arm, was electrocuted at Sing Sing Prison, March 4, 1944, along with two underlings.

Buchalter
Buchalter, Emanuel "Mendy" Weiss and Louis Capone were sentenced to death following their 1941 New York State conviction for the September 1936 murder of Joseph Rosen. Rosen was a former trucking contractor forced out of business by Buchalter-led rackets. At the time of his murder, Rosen, then proprietor of a candy store at 725 Sutter Avenue in Brooklyn, was reportedly threatening to assist Manhattan Special Prosecutor Thomas E. Dewey in his investigation of rackets in the trucking industry.

Buchalter, believed to have ordered as many as eighty murders in his underworld career, insisted that he was completely innocent of the killing of Rosen. Weiss and Capone claimed that they had been framed. While their legal appeals of the state verdict were unsuccessful, some reviewing judges noted weakness in the state's evidence against the trio.

48 hours earlier

The executions of Buchalter, Weiss and Capone had been delayed repeatedly by legal maneuvers and by government stays. The most recent postponement occurred within an hour and a half of their scheduled appointment with the prison Death Chamber.

Weiss
At 9:35 p.m. on Thursday, March 2, Governor Thomas Dewey (Dewey won election to Manhattan district attorney in 1937 and to governor in 1942) ordered a forty-eight-hour stay in response to a last-ditch Buchalter appeal to federal courts. Buchalter's attorney argued that U.S. Attorney General Francis Biddle improperly released Buchalter from federal prison, where he was serving a fourteen-year sentence for narcotics violations, to New York State authorities.

Dewey telephoned Sing Sing Warden William E. Snyder, who sent word of the postponement to the Death House prisoners through prison chaplain Father Bernard Martin. It was the sixth time their date of execution was moved. But it was the closest the prisoners had come to the electric chair. They accepted the news without visible emotion.

Capone
Buchalter, Weiss and Capone had already said their goodbyes to family members in the large pre-execution space known by inmates as "the dancehall." They had been clothed in the black pants and white shirts known as "death suits," and spots had been shaved on their heads to allow a clean connection to an electrode carrying a fatal dose of electrical current.

They already had eaten their "last meals": steak, french fried potatoes, lettuce and tomato salad, rolls, pie and coffee for lunch; roast chicken, mashed potatoes, lettuce and tomato salad, rolls and coffee for supper. (The selections were reportedly made by Buchalter, and Weiss and Capone ordered the same.)

Some newspapers reported that Dewey ordered the stay because Buchalter decided to cooperate. They wondered about the number of crimes that information from the longtime rackets boss could solve and the number of his old underworld associates that could be brought to justice.

March 4

Federal district and appeals courts were unwilling to involve themselves in the case. At one o'clock in the afternoon of Saturday, March 4, the U.S. Supreme Court rejected without comment the Buchalter appeal.

The prisoners were already reliving the execution preparations when the final bit of bad news arrived.

They met with family in the same "dancehall" to say the same goodbyes. Buchalter spent the day with his wife Beatrice "Betty" and their son Harold. During the visit, Beatrice reportedly urged Buchalter to try to save himself by sending for U.S. Attorney James McNally and offering his cooperation. Her husband refused, saying, "The best I could get would be a delay of six or eight months or a year. If that's the way it's going to be, I'd rather go tonight."

Noting the press speculation following the March 2 stay of execution, Buchalter dictated a statement to his wife, who transcribed it on a piece of notepaper.

Superstition may have forced the selections for the prisoners' repeat "last meals." They ordered the same food they had eaten before the execution postponement on March 2.

Several things were different on the evening of March 4, however: Family members were permitted to stay about a half-hour past the usual parting time of nine o'clock; Buchalter was permitted to wear a pair of gray pants instead of the usual black; and there was no telephone call from the governor.

Beatrice Buchalter meets with reporters.

After leaving the prison, Beatrice Buchalter met with members of the press at a nearby restaurant and read her husband's statement:

I insist that I am not guilty of the Rosen murder, that the witnesses against me lied and that I did not receive a fair trial. Four out of seven judges in the Court of Appeals said that Weiss, Capone and I were not guilty. Judge [Harlan W.] Rippey said we were not given even a remote outside chance of any fair consideration of our defense by the jury and that the evidence wasn't enough to submit to a jury.
The one and only thing that I have asked for is to have a commission appointed to examine the facts in the Rosen case. If that examination does not show I am not guilty, I am willing to go to the chair regardless of what information I have given or can give.

Last moments

At eleven o'clock, Louis Capone, forty-seven, followed Father Martin into the Death Chamber. Twenty-four witnesses observed from a gallery.

Newspapers reported that Capone was selected to go to his death first because he was the weakest - emotionally and physically (he had recent heart problems) - of the three. He said nothing when he was strapped into the chair and the electrodes were attached to his body. His lips could be seen moving in silent prayer, as a helmet with a large electrode inside of it and a face-concealing mask on its front was placed on his head.


Executioner Joseph Francel was at the chair controls. At two minutes after eleven, he administered the first brain-killing shock. He followed it with several more jolts of current to burn the life out of Capone's organs. Three minutes later, a guard pulled open Capone's shirt, so Dr. Charles C. Sweet could check for life signs. "This man is dead," Sweet announced.

Capone's remains were removed from the chair, placed on a cart and wheeled next door to the autopsy room.

A minute later, Emanuel Weiss, thirty-seven, strode quickly into the Death Chamber with Rabbi Jacob Katz by his side. Weiss indicated to Principal Keeper Thomas J. Keeley that he wished to make a statement.

Weiss looked to the gallery and said, "I'm here on a framed case. I'm innocent and God and Gov. Dewey know it. I want to thank Judge Lehman [Appeals Court Judge Irving Lehman]. Give my love to my family and everyone. And - I'm innocent.

Weiss's turn in the chair began at seven minutes after eleven. His lifeless remains were removed from it four minutes later.

Buchalter's remains are
driven out of Sing Sing
Rabbi Katz stepped from the Death Chamber to join Buchalter and escort him in. As Buchalter, forty-seven, walked confidently and silently into the chamber, journalists struggled to find some sign of emotion in the racketeer's movements or expressions.

One reporter said he saw a lip quiver. Another noticed some redness and perspiration on Buchalter's face. A wire service reporter suggested that the prisoner was "so dazed that his attitude could have been interpreted as indifference" and then found a guard to support that view with the comment, "The other two were frightened, but Lepke was paralyzed."

Gilbert Millstein of the New York Daily News observed that Buchalter was not only calm but cooperative. He placed his own arms into position to be fastened to the chair, and he leaned his head forward into the death-delivering helmet.

Executioner Francel delivered the first shock into Buchalter at thirteen minutes past eleven. The fourth shock was completed three minutes later. "Lepke" Buchalter was dead.

Burials

Buchalter's family assembled for a brief service at Park West Memorial Chapel, 115 West Seventy-ninth Street in Manhattan, on Sunday, March 5. Prayers were chanted by Rabbi Morris Goldberg. Buchalter's remains, in a plain oaken casket, were buried in Mount Hebron Cemetery in Flushing, Queens, next to the gravesite of his mother.

Buchalter's burial
At almost the same moment, about fifty friends and family attended a ceremony for Weiss at the Midtown Funeral Home, 171 West Eighty-fifth Street in Manhattan. Rabbi Aaron Liss led those services. Weiss's widow Sophia, his mother and his four brothers attended. Weiss was also buried at Mount Hebron Cemetery, a short walk from the Buchalter gravesite.

On Thursday, March 9, the remains of Louis Capone were taken in an inexpensive metal casket from Andrew Torregrossa's funeral home, 1305 Seventy-ninth Street in Brooklyn, to the Church of Our Lady of Solace on Mermaid Avenue in Coney Island. His funeral, in the neighborhood where he was a longtime resident, drew a far larger crowd than seen at the Buchalter and Weiss services.

After a brief Mass celebrated by Father Francis A. Froelich, a procession of forty cars of mourners and five cars of flowers wended through Brooklyn streets to Holy Cross Cemetery in Flatbush. With his widow Sophie, three children and two brothers at graveside, Capone was interred in the cemetery's St. Charles section.

Sources:

  • "Buchalter dies in electric chair," Burlington VT Free Press, March 6, 1944, p. 1.
  • "Crowds attend funeral of Lepke pal Capone," Brooklyn Daily Eagle, March 9, 1944, p. 3.
  • "Lepke denied deal, admitted 'talking,'" New York Daily News, March 5, 1944, p. 3.
  • "Lepke dies in chair," Poughkeepsie Sunday New Yorker, March 5, 1944, p. 1.
  • Feinberg, Alexander, "Lepke is put to death, denies guilt to last; makes no revelation," New York Times, March 5, 1944, p. 1.
  • Hailey, Foster, "Lepke a gang leader who liked his privacy," New York Times, Aug. 13, 1939, p. 61.
  • Millstein, Gilbert, "Lepke and 2 pals die in chair; mobster chief calm, last to go," New York Daily News, March 5, 1944, p. 3.
  • Millstein, Gilbert, "Louis (Lepke) Buchalter: His life and crimes," New York Daily News, March 3, 1944, p. 14.
  • O'Brien, Michael, and Gilbert Millstein, "Gangland shuns Capone funeral," New York Daily News, March 10, 1944, p. M20.
  • Smith, Art, "Dewey orders 48-hour delay in execution of Lepke, 2 pals," New York Daily News, March 3, 1944, p. 3.
  • Smith, Art, "Bury Lepke with only kin at bier," New York Daily News, March 6, 1944, p. 2.

09 January 2018

James Wells, America's worst botched execution.



(Wikipedia).


Call it whatever you want. Old Sparky, Old Smokey, Sizzlin’ Sally or Gruesome Gertie, the electric chair has always had a troubled history. From its very first use (executing murderer William Kemmler on August 6, 1890) it’s been dogged by failures, mechanical and human

Initial problems involved untried equipment, new ideas and inexperienced executioners. Limited knowledge of inflicting humane electrocution spawned a series of experimental executions. Successive inmates endured different numbers of electrodes, different voltages applied for different durations, electrodes placed on different body parts and so on.

In 1892 Charles McElvaine’s hands were placed in tubs of brine to conduct the voltage. He suffered horribly before the now-standard head and leg electrodes were used instead. Malfunctioning or ill-prepared equipment (in the case of Willie Francis and so many others) has also caused horrific scenes in America’s death chambers.

What happened at the former Arkansas State Penitentiary in Little Rock (since demolished and replaced by public buildings) on March 10, 1922 made Kemmler’s suffering look comparatively minor. Murderer and escapee James Wells endured perhaps the worst-botched execution in American history.

Wells, born in 1904 and hailing from Drew County, was an African-American farmhand. Convicted of murdering white Arkansas farmer Peter Trenz (his former employer) on May 18, 1921 Wells was never likely to avoid Old Sparky. He was a poor, black defendant convicted of murdering a respectable white victim. In those less-enlightened times, many whites considered that reason enough.


(Arkansas Department of Corrections).

Arkansas introduced electrocution in 1913, the State also taking over executions from individual counties. During the chair’s lengthy tenure Arkansas executed 195 prisoners. Of these two were Native American men, one white woman, one Hispanic male and 57 white males. The rest, 143 men, were all African-American. Warden Luther Castling had resigned rather than electrocute the ten men then waiting to die. His successor Warden Dempsey didn't have similar qualms.


(From the Daily Ardmorite). 

Aside from being poor, black and convicted of murdering a white when lynching and legal execution was equally likely for that crime, Wells hadn’t exactly done himself any favors after his conviction. On December 9, 1921 condemned killer, bank robber and serial escaper Tom Slaughter managed a spectacular escape from ‘The Walls’ and Death Row itself.

Overpowering guards, Slaughter took the Warden’s family hostage, escaping in Warden Dempsey’s car. Dempsey, whose job it had been to carry out executions, soon found himself unemployed. That in turn caused an excruciating death for Wells.

Slaughter had invited the other condemned inmates to join him. Wells, believing his appeal would almost certainly fail, escaped with him. Slaughter survived only a day before being shot by fellow-escaper Jack Howard. Howard claimed to have escaped only to help bring Slaughter to justice, a claim accepted by Arkansas authorities. Howard was never charged over Slaughter’s death, being pardoned and released several years later.

Wells, soon recaptured, returned to Death Row. He’d escaped on December 9, been recaptured within days and his appeal was denied on Christmas Eve, 1921. A foolish time to attempt escape and humiliate the Arkansas justice system. Not much of a Christmas present, either. That said, nothing can justify what happened at his execution.

On March 10, 1922 all the usual preparations had been made. All that remained was for the executioner to do his job competently and professionally. With Warden Dempsey gone, the new executioner was an Englishman, a former car salesman whose sole qualification and experience consisted of having (as he himself put it) taken ‘a correspondence course in electricity.’ The State of Arkansas had entrusted a delicate, potentially dangerous task to a man utterly lacking expertise, training or experience. It was suggested at the time that the nameless volunteer arrived drunk.


(Arkansas Department of Corrections).


Wells entered the penitentiary’s death chamber singing a hymn. He was still singing as he sat in Old Sparky and the straps and electrodes were applied. He remained singing right up until the executioner threw the switch. As the Dallas Express described it:

“Going to the chair singing, Wells continued to sing until the first charge of electricity was sent through his body.”

Wells was certainly silenced by the first jolt, but he wasn’t dead. Either the first jolt was far too brief or the voltage far too low. Still alive, Wells needed another. Shocked again, he remained alive. A third jolt was called for.

The witnesses began looking uncomfortable. Inmates were supposed to sit down quietly, say their last words and die. A second jolt might be delivered to make sure, but seldom more than that. The executioner shocked Wells repeatedly. Repeatedly the current crackled, doctors checking between jolts. Wells simply wouldn’t die.

After the first jolts had failed horrified witnesses began leaving the execution chamber. With every unsuccessful jolt the remaining witnesses’ disgust grew. By the eleventh jolt everyone involved just wanted it to end. For the twelfth time the switch was thrown, the current crackled and Wells leapt against the restraints. The power was shut off while doctors checked yet again.
James Wells was finally dead.

As the Dallas Express described it, the execution succeeded at:

“The twelfth attempt, according to witnesses, after terrible suffering on the part of the boy.”

The disaster was publicised in Arkansas, Utah, California, Texas, Tennessee and numerous other States where executions, especially of African-Americans, seldom garnered more than a line or two.
Even the New York Tribune covered it, stating:

‘Wells was examined by the State physicians who pronounced him still alive. Another charge of electricity was sent through his body, with the same result. Witnesses began to leave the death room and only a few were still present when the last charges were sent through his body and Wells finally was pronounced dead. Fully twenty minutes were consumed in putting him to death.’


(www.executedtoday.com).

Had Arkansas employed an expert like New York’s Robert Greene Elliott, the nightmarish exhibition would almost certainly have never happened. Elliott performed 387 executions in six States, perfecting the ‘Elliott Technique’; 2000 volts for three seconds, 500 volts for 57 seconds,, 2000 volts for another three seconds, 500 for 57 seconds and a final burst of 2000 volts. Very rarely did he need to deliver more than one cycle.


A bitter irony that, as his executioner, Wells couldn’t have been in safer hands.







Sources:

www.executedtoday.com

The Daily Ardmorite, Oklahoma.

Arkansas Department of Corrections.

The New York Tribune.

The Dallas Express

www.deathpenaltyusa.org

Gruesome Spectacles; Botched executions and America's Death Penalty, Austin Sarat, 2014, Stanford Law Books.

26 November 2016

'Wrongly Executed?' book now available

Sing Sing Warden Lewis Lawes had no doubt on the evening of January 5, 1939: He had just presided over the electric-chair-execution of an innocent man. The prison chaplain and many guards also felt that convicted cop-killer Charles Sberna had been sent to his death unjustly.

Lawes made his feelings known in a published book a short time later. Syndicated Broadway columnist Walter Winchell also called attention to the flawed case against Sberna in the summer of 1939 and again early in 1942. According to Winchell, the government knew that District Attorney Thomas Dewey's office had sent an innocent man to the chair and was providing "hush money" payments to Sberna relatives. Since then, opponents of capital punishment have included Sberna's name in collections of those deemed "wrongly executed" and have used the case as a somewhat vague example of the possibility of death penalty error. Still, little is known about Sberna or the circumstances that led him to the electric chair.

The story is a complex and controversial one, involving celebrity attorneys, Mafia bosses, violent political radicals, media giants and ruthless establishment figures, all set in a period in which Americans sought stability and government-imposed order after years of political upheaval, economic depression and Prohibition Era lawlessness.

Dust jacket for 'Wrongly Executed?' hardcover

I first became aware of Charles Sberna's story during research into U.S. capital punishment errors. Archived newspaper columns by Winchell revealed a tale worthy of retelling. Sberna and Gati both were convicted and executed for the 1937 murder of Patrolman John H.A. Wilson. Gati admitted his role but insisted that Sberna was not present for the crime. Names of other possible Gati accomplices were revealed, but prosecutors made little effort to check into them.

Email conversations with publisher Rick Mattix relating to the startup of the On the Spot Journal of "gangster era" crime history led me to assemble an article on the Sberna case for the journal's December 2006 issue.

That first article noted the relation by marriage of Charles Sberna and the Morello-Lupo-Terranova clan, which had been a major influence in early New York organized crime. Sberna took as his bride Carmela Morello, daughter of former Mafia boss of bosses Giuseppe Morello and niece of New York City rackets leaders Ignazio "the Wolf" Lupo and Ciro "Artichoke King" Terranova.

Sberna's own family background remained a mystery until later research into Amedeo Polignani of the NYPD shed light on the involvement by Charles Sberna's father Giuseppe in the anarchist-terrorist bombings of the 1910s. Giuseppe Sberna was a vocal leader in the East Harlem-based Bresci Circle, the nation's largest anarchist organization. Local, state and federal authorities hunted Giuseppe Sberna, but he escaped to his native Italy, leaving his wife and children behind in New York. Learning this, I began to wonder whether Charles Sberna, so closely connected to so many fearsome public enemies, possibly could have received a fair trial. My decision to fully explore the Sberna case soon followed.

Accused cop-killers Charles Sberna (left)
and Salvatore Gati (right) in court.

I examined court documents, the careers of prosecutors and elected officials, the history of law enforcement efforts against the early Mafia and the American anarchist movement, the questionable philosophies and courtroom tactics of D.A. Thomas Dewey and his assistants, and the known and suspected crimes of the men who might have committed the murder attributed to Sberna. Much of what I found was deeply troubling.

A fair trial may have been denied to Charles Sberna. Given the mood of the time, the background of the defendant and the circumstances of the case, a truly fair trial may have been impossible.

Wrongly Executed? - The Long-Forgotten Context of Charles Sberna's 1939 Electrocution is now available in hardcover, paperback and ebook formats. For more information and purchase options, visit the Wrongly Executed? website.

(I wish to express my appreciation to Christian Cipollini, C. Joseph Greaves, Ellen Poulsen and Robert Sberna for their support and assistance on this project.)