William Kemmler - the first execution in the electric chair.

On June 4th, 1888, the New York Legislature passed Chapter 489 of Laws of New York of 1888, providing for the execution by "a current of electricity of sufficient intensity to cause death" for offences committed after January 1st, 1889.

On May 15th 1889 in Buffalo, New York state, Judge Childs sentenced 30 year old William Kemmler, aka John Hort, to die “by the application of electricity”. He had been convicted on May 10th of the ax murder of his common law wife, Matilda “Tillie” Ziegler at their home on March 29th 1889. He became the first man to be sentenced to death under the new law that changed the execution method from hanging to electrocution.

Kemmler's lawyers appealed citing the 8th and 14th amendments to the American Constitution which prohibit "cruel and unusual punishment." The state appeal was turned down on October 9th, 1889. On May 21st the Supreme Court heard arguments in the case as to whether electrocution was constitutionally valid or not. Two days later on May 23rd Chief Justice Melville Fuller delivered the Court's opinion, denying Kemmler's appeal and upholding the constitutionality of the electric chair.

The execution date was fixed for 6.00 a.m. on August 6th, 1890. It was a strangely casual affair carried out in the presence of 25 witnesses, 14 of them doctors. Kemmler was led into the execution chamber in the basement of Auburn prison and was introduced to the witnesses before taking off his coat and sitting himself into the chair.

Kemmler’s last words were, " Gentlemen, I wish you all good luck. I believe I am going to a good place, and I am ready to go. I want only to say that a great deal has been said about me that is untrue. I am bad enough. It is cruel to make me out worse."

The head and spinal electrodes each consisted of a 4-inch diameter wooden cup (clearly visible in the photograph) containing a 3 inch diameter metal plate faced with a layer of sponge which was soaked in brine to improve conductivity. (Later electrocutions used a leg electrode in place of the spinal one).

Kemmler was strapped into the chair by leather straps around his arms, legs and waist. The head electrode in a leather harness was applied and a black cloth was pulled over his face. The warden, Charles Durston, gave the signal to Edwin Davis, the executioner, to throw the switch which caused Kemmler to go completely rigid as some 700 volts flowed through his body. (Far less voltage than used later - typically 1800 - 2200 volts.)

He remained in this condition for 17 seconds until the current was turned off and then his whole body appeared to relax. He was certified dead by Dr. Edward Spitzka who examined the pupils of his eyes and checked for a pulse. After half a minute, there were a series of spasmodic movements of the chest accompanied by moaning sounds, indicating that he was not in fact dead, and the warden ordered a second charge of electricity which lasted about 70 seconds until vapor and later smoke could be seen rising from the spinal electrode accompanied by the smell of burning flesh.

At this point, the current was again switched off and the body carefully examined. There were no signs of life and Kemmler really was dead.

Dr. Carlos F. MacDonald, who had been present, made a report to Governor Hill in which, while admitting there could be improvements, felt that overall the execution was a success and that Kemmler became unconscious immediately and was absolutely dead within four minutes. He insisted that Kemmler died immediately after the second contact was made and that it should not have been maintained for 70 seconds, which would have prevented the burning of his flesh.

He regarded electrocution as preferable to the form of hanging previously used. Not everyone was so impressed by the "humanity" of the new method and an expert interviewed for the New York Times said that the execution was "an awful botch, Kemmler was literally roasted to death". George Westinghouse remarked that they (the executioners) could “have done better with an ax!”

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