INTRODUCTION

It was shortly after midnight on the morning of February 8th, 1924 when Charles Reynolds walked into the room that housed the electric chair. He was strapped to the chair by guards and after three quick jolts of electricity he was pronounced dead. He and four others were put to death that morning, the first morning of the electric chair’s existence.[1] Over the next Forty-Eight years, three hundred and fifty-six others would be executed in the electric chair. In 1924, it was considered a humane way to execute someone, quicker and less painless than the hangings that took place before the chair was in use. But by the year 1972, the year that lethal injection took the place of the electric chair, it was thought of just as the hangings were. Cruel and Unusual punishment. The electric chair was always a source of controversy on whether or not it was a humane way to end someone’s life, but criticism grew throughout the twentieth century and protested against, until it was deemed an unfit way to execute someone, regardless of the crime they committed.

[1] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994

BEFORE

Before the electric chair, committed felons who were sentenced to death were done so by Hangings. Most of these hangings were done in a public place and usually attended by a large group of people in the community and surrounding area. They were “carefully arranged beforehand and attended not only by the rabble, but by persons of rank and fashion, of
intelligence and sensibility.”[2] These hangings were done in the town or counties in which the
crimes were committed in, which caused problems based on the racial tensions that were so high in the state at this time. Sixty percent of those hung during this time period were African
American were as only a little over twenty five percent Anglo’s were hung. This went on until a man from the town of Rogers by the name of J.W. Thomas ran for state senate. His platform was based on that these hangings were unfit to take place in the cities in which the crimes had taken place in. He was the one who thought it would be better for these hanging to take place in a neutral setting, where both whites and blacks would be protected by the law. The place that was agreed upon was Huntsville, Texas.

[2] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994

START OF THE CHAIR

In the mid-1880’s, and man by the name of Harold Brown invented the first Electric Chair. In his words, “a device to execute criminals more humanely in a quick and painless manner” This invention sparked nationwide interests. So much so, that on January 1st, 1889 the state of New York approved that death by electrocution would be the primary way to carry out capital punishment. This decision spread like wildfire throughout the country and many states followed New York. States such as Ohio and Pennsylvania in the north, and Kentucky, Tennessee, North and South Carolina, and finally Texas in the year 1923.[3]
When the electric chair was put into use in 1924 the warden of the prison was to be the executioner. Captain R.F. Coleman was the warden of the Huntsville prison but could not go through with the duties put upon him to kill another man. So on January 1st 1924 he put in his
letter on resignation to be effective January 15th, 1924. He issued this statement at the time of his resignation, “It just couldn’t be done, boys. A Warden cant be a warden and a killer too. The penitentiary is a place to reform a man, not to kill him.”[4] Walter Monroe Miller was named Coleman’s successor and assumed the duties of warden of the Huntsville Prison February 4th, 1924. His views on being the warden and executioner were far more different then those of Coleman’s. “It’s a case of duty to me. I have hanged several men while I was Sheriff and to touch the button of pull the switch on and electric chair means no more to me than pulling the lever of the gallows…At any rate it’s more humane, the chair.”[5]

[3,4,5] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994

CONVICTED FELONS

Over the forty-eight years that the electric chair was the way that the state executed prisoners, three hundred and sixty-one convicted felons were put to death. Seventy-one percent of these killed were convicted of murder, twenty-seven percent for rape, and one percent for armed robbery.[6] In the time period that those three hundred and sixty-one prisoners were executed for the crimes the committed, well over seven thousand others were sentenced to jail time only.[7] Over the years that the electric chair was in use we saw a steady decline in the number of those sentenced to death and those sentenced to prison time for first-degree offenders. One of the reasons that people believe this was happening was that the number of offenders that were noticeably former slaves were decreased, and whether or not this was a trend that had occurred earlier in the century. People started to say that the electrocutions were race related and
that numbers that presented earlier about the numbers of each race that were killed would
definitely support that assumption. The question was though had this racial bias changed over time and was it a trend that was slowly declining based on the lessening of racial tensions in the state.[8] A majority of those sentenced to death row were less than the age of thirty, a minority male and most of the time divorced at the time of sentencing. Most of these offenders came from a non-rural background and eight of the offenders were under the age of eighteen when they committed the crimes they were convicted of. Only five of the sentences, were to those over the age of sixty. With the oldest sentenced at the age of sixty-five and executed at the age of sixty-seven. Many of those sentenced to death were unskilled workers who had trouble holding down any sort of job. Some were deemed illiterate with only a little more than twenty-five percent having received nine or more years of education.[9]

[6,7,8,9] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994

CONTROVERSY

Many people saw that these executions were direct offense of the inmates rights. This eighth amendment states that, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Many thought that killing someone by strapping them to a chair and sending jolts of electricity through their bodies until they were pronounced dead were definitely cruel and unusual punishment. Others felt the same way, but saw it fit for these inmates who had been sentenced to death to be executed still. So then there was a stand still at what other method could be used in order to execute these men and women in a more humane way. In the year 1972 there was a ruling on a supreme court case named Furman v. Georgia, where the US Supreme Court declared capital
punishment unconstitutional.[10] The case was decided by a five to four vote on split opinions and many of the Justices in favor of abolishing the death penalty voiced their opinions publically. As of June 29th, 1972 there were forty-five men on death row and seven others in county jails awaiting their death sentence. All of these men’s lives were spared by the Governor and their sentences were changed from death sentences to life sentences. Justices Brennan and Marshall both saw that executions were, under any circumstances, cruel and unusual punishment, and with that opinion felt that they were in direct violation of the eighth amendment stated earlier. Another opinion voiced by Justice White saw that the Death Penalty had a legal place in the nation if it had some kind of pattern or what used more frequently. He thought that if it was used more often and was a definite sentence to fit a certain amount of crimes, instead of some convicts receiving death row sentences and some receiving lifetime sentences. So because there wasn’t a direct pattern of death sentences being issued he saw that there must have been some other issues that made the juries give it to some but not all.[11] This opinion was quickly addressed by the sate of Texas in 1973 where the state passed House Bill 200, which became effective on June 14, 1973. So once the Supreme Court made their decision that capital punishment was ‘cruel and unusual” punishment the State of Texas made a new statute that would standardize the way to asses the death penalty, instead of the sentences that we handed down to some but not all, which was what Justice White’s argument was all about.[12] It said that offenders who knowingly and intentionally committed a list of five crimes would be subject to capital punishment.[13] The first of these reasons was the killing of a peace officer or fireman who was in uniform and the defendant knew was a peace officer or fireman. The second was that if the defendant committed murder in the course of any of the following: kidnapping, burglary, robbery, forcible rape, or arson. Third case, if the person committed a murder for remuneration purposes or had someone else kill for remunerations. Fourth of these circumstances was if someone committed a murder while attempting to escape from a penal institution. And lastly was if the person was incarcerated in a penal institution and murdered someone who was employed by the prison system.[14] And after twelve years another circumstance was added to the list of crimes deemed worthy of the death penalty. Added in 1985 the final statute read, if the person murders more than one person at the same time, or more than one person with the same criminal scheme involved.[15] In 1974 it was seen fit that executions could resume but under a new method. On August 29th, 1977 the state of Texas adopted their new method of execution, Lethal Injection.[16]

[10,11] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994
[12] Byrd, , Robbie, and Jessica Hamilton. "History in the making." Huntsville Item Aug. 2007, Print.
[13,14,15] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994
[16] "Texas Execution Procedures and History." http://www.mindfully.org/Reform/Texas-Execution- Procedures-History.htm (accessed November 17, 2009).

NEW DEATH ROW

The first man put back on death row was John Devries on February 15, 1974. He was convicted of murder while committing a robbery. He was Slated to be the first man executed under the new method, but it wasn’t meant to be, because Devries committed suicide by hanging himself with bed sheets on July 1, 1974.[17] So instead on December 7, 1982 Charlie Brooks, who was on death row for the kidnap and murder of a local mechanic, became the first man to be killed by Lethal Injection, not only in the state of Texas but in the Country.[18] One problem that some people had with the new way of Execution is that it is more expensive than the electric chair was. The expenses of the electric chair were minimal, because the only cost was the electricity used, but with the lethal injection there are costs of the chemicals that are involved in the execution along with the needed and tubes used to administer the solution.[19] The cost to have an inmate on death row today is $59.98,[20] and with the new executing methods being used today it costs the state $86 every time someone is executed.[21] So it was considerably cheaper to execute someone via the electric chair back in the mid twentieth century than it is to execute someone today using the standard method of lethal injection.



[17] Marquart, Ekland-Olsen, Sorensen,The Rope, The Chair, and The Needle: Capital Punishment in Texas, 1923-1990. 1st ed. Austin, TX: University of Texas Press, 1994

[18] Prew, Kelly. "Changes in law, public opinion ended use of electric chair." Huntsville Item Apr.
2006, Print.

[19] "Welcome to HUNTSVILLE!?; Texas and the Death Penalty." http://www.todesstrafe-texas.de/Page7b.html (accessed Nov. 15, 2009).

[20]"Texas Execution Procedures and History." http://www.mindfully.org/Reform/Texas-Execution- Procedures-History.htm (accessed November 17, 2009).

[21] "Welcome to HUNTSVILLE!?; Texas and the Death Penalty." http://www.todesstrafe-texas.de/Page7b.html (accessed Nov. 15, 2009).

CONCLUSION

So over the years we have seen a lot of changes to the way the issue of execution has been dealt with. From the way it was heralded, at the beginning of its use because of how it
stopped hangings, and allowed these executions to take place in a centralized location. To the different types of inmates that were being held in the state prison awaiting their fate, and the different problems different groups, including the Supreme Court had with the executions being done by way of the Electric Chair. And finally, the transition that was made from the electric chair to the execution method of Lethal Injection. There have always been people who have thought that capital punishment was wrong and should not be done. There are those who thought we just needed a better way to do it, and finally those who believed that they deserved whatever punishment they received. Anyway you look at it the electric chair was a very influential piece of equipment, and changed how capital punishment was viewed at the time, and how it is viewed today.