INTRODUCTION
[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
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
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
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
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
[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
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.