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The Death Penalty in North Carolina, 1910- 1961 Seth Kotch a Dissertation Submitted to the Fa Unduly Harsh and Unworkably Rigid: The Death Penalty in North Carolina, 1910- 1961 Seth Kotch A dissertation submitted to the faculty of the University of North Carolina at Chapel Hill in fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History. Chapel Hill 2008 Approved by: Advisor: W. Fitzhugh Brundage Reader: Jacquelyn Dowd Hall Reader: John F. Kasson Reader: David Garland Reader: Timothy Marr © 2008 Seth Kotch ALL RIGHTS RESERVED ii ABSTRACT SETH KOTCH: Unduly Harsh and Unworkably Rigid: The Death Penalty in North Carolina, 1910-1961 (Under the direction of W. Fitzhugh Brundage) Some contemporary observers believe that southern states’ prolific execution record can be traced back to a violent southern past. But an examination of concerns about the pain inflicted by the noose, the electric chair, and the gas chamber; of the complex influence of race on the death penalty process; of recommendations of mercy by jurors and governors’ acts of executive clemency; and of the controversy that these issues raised reveals that the history of the death penalty in North Carolina, the South, and the nation, is much more nuanced. Concerns about pain and its effects on an audience inspired lawmakers to try to make executions less painful and less visible. North Carolina became among the nation’s first adopters of the electric chair and the gas chamber, but failed to dull public interest in executions and focused the conversation about the death penalty on methods rather than motivations. The racism of the Jim Crow South informed the death penalty, and North Carolina disproportionately executed African Americans, especially those who committed crimes against whites. However, all-white juries could show even African Americans accused of shocking crimes some leniency, applying a brutal logic that revealed the flexibility of the racial caste system. In an era when murder, rape, burglary, and arson carried mandatory death sentences, juries showed mercy by withholding guilty iii verdicts, formally recommending life sentences, following a guilty verdict with petitions to the governor for clemency. North Carolinians knew that their death penalty was capricious, and they exploited it to introduce mercy into the process. All the while, some North Carolinians were trying to persuade their fellow citizens to reject death as punishment. This dissertation invites a reconsideration of vengeance, justice, and race in one southern state. The death penalty’s history in North Carolina is one of anxieties and ambivalence as much as racism and vengeance. iv To Anne and Dan v ACKNOWLEDGEMENTS I am indebted to many people who helped me research and write this dissertation. My next major project is thanking each of them personally. Until then, I hope they will accept this message of gratitude for their patience, criticism, and support. vi TABLE OF CONTENTS LIST OF FIGURES ........................................................................................................... ix LIST OF ABBREVIATIONS............................................................................................. x INTRODUCTION .............................................................................................................. 1 CHAPTER 1 “Without Howling, Without Squirming”: Pain, Spectacle, and the Death Penalty I. “The Black Figure on the Gallows”: The End of Public Hangings............................... 27 II. “Death by Lighting”: Execution by Electrocution ....................................................... 38 III. “The Usual Crowd”: Audience Control and Spectacle Control ................................. 56 IV. “A Whiff of Sweet Smelling Gas”: Execution by Asphyxiation................................ 63 V. “Are We Succeeding?”: Meaning and Method............................................................ 83 CHAPTER 2 “White Folks, Please Go on and Kill Me”: Race and the Death Penalty I. “That Is the Negro” ....................................................................................................... 87 II. “The Word ‘Negro’ Is Synonymous with Crime” ....................................................... 94 III. “I Ought to Kill You Right Here”: Rape and Lynching ........................................... 109 IV. “The Sanctity of the Home”: The Death Penalty for Burglary................................. 125 V. “Not So Much to Guide Society as to Comfort It” .................................................... 132 vii CHAPTER 3 “I Cannot Allow This Boy to Be Executed”: Mercy and the Death Penalty I. “An Impossible Situation”........................................................................................... 139 II. “Any Error on the Face of the Record”: A Rigid Judiciary ....................................... 145 III. The Mantle of Mercy: Gubernatorial Clemency....................................................... 152 IV. “Quit Intervening in So Many”: Mercy and Community Involvement.................... 171 V. “After Nibbling at the Subject for Years”: Codifying Mercy.................................... 186 CHAPTER 4 “Epistles to the Heathens”: The Death Penalty Controversy I. “Specific Human Terms”: The Daniels Cousins ......................................................... 192 II. “Intelligent and Civilized Sentiments”: Henry Canfield and Pious Protest............... 203 III. “Champion Idol-Smasher: Nell Battle Lewis in the 1920s and 1930s ..................... 210 IV. “A Minority of One”: Class and the Death Penalty.................................................. 227 V. “Something of a Squared Deal”: Paul Green, Humanity, and Race .......................... 234 VI. “When Put to Them as Individuals”: Personal Responsibility and the End of Executions....................................................................................................................... 245 CONCLUSION “An Emotional Craving”: The Death Penalty Returns to North Carolina...................... 249 Appendix A: Executions in North Carolina, 1910-1961 ................................................ 262 Appendix B: Executions Under State Authority in North Carolina by Year, 1910-2008 ........................................................................................................................................ 263 BIBLIOGRAPHY........................................................................................................... 264 viii LIST OF FIGURES 1. The Electric Death Chair .............................................................................................. 48 2. Waddell Hadley and Sylvester Outlaw......................................................................... 51 3. The State’s Grim Machinery......................................................................................... 55 4. The Slippery Eel ......................................................................................................... 128 5. “If Necessary”............................................................................................................. 134 6. “Bah!” ......................................................................................................................... 245 7. “How the Death Chair Is Cheated”............................................................................. 179 8. Case R and Case U...................................................................................................... 219 ix LIST OF ABBREVIATIONS NCC: North Carolina Collection, Wilson Library, University of North Carolina at Chapel Hill, Chapel Hill, NC. NCSA: North Carolina State Archives, Raleigh, NC. RNO: Raleigh News and Observer PBL: Perkins/Bostock Library, Duke University, Durham, NC. SBCPW: North Carolina State Board of Charities and Public Welfare x INTRODUCTION The death penalty divides Americans into two hostile groups, equally emotional, equally uninformed, equally uninterested in listening to one another. Or so complain two academics in a recent article. “Arguments about the death penalty seem to skip past any sense of history or politics or jurisprudence,” they wrote, “instead spilling forth stories that have little to do with anything resembling systematic evidence.”1 One hundred years earlier, another thinker voiced the same objection, lamenting the fact that the death penalty “is almost invariably discussed in the vague and spacious commonplaces of legal or religious phraseology, or of the serious or humorous newspaper press.” The discussion is ruled, he concluded, by “wayward and uncoordinated impulses.”2 Emotion, religion, and prejudice shape the argument about the death penalty, just as they have shaped death penalty policy and practice for much of the punishment’s history. Americans make up their minds about execution by consulting their consciences and their scriptures, not experts with figures. Only very optimistic historians believe that their hours spent in archives will give them influence over people’s beliefs, or lawmakers’ actions, concerning death as punishment. But this very belief can be 1 Stephen John Hartnett and Daniel Mark Larson, “Moving Beyond the Rhetorics of Dignity and Depravity; or, Arguing about Capital Punishment,” Rhetoric and Public Affairs, vol. 8, no. 3 (2005), 478. 2 W.J. Roberts, “The Abolition of Capital Punishment,” International Journal of Ethics, vol. 15, no. 3 (April 1905), 265 & 267. inspiring—what one scholar calls “the liberating virtues of irrelevance.”3 Amid the din of competing voices on the death penalty, history can speak
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