procedure for military executions - june 12, 1944

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  • 8/6/2019 Procedure For Military Executions - June 12, 1944

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    0A R D E P A R T M E N T P A M P H L E T . ' N O . 2 7 - 4

    IOCE OR JP4q3-@ p ; 9 5 -

    MILITARYReturn to Army l ibraryRoom 1A522, PentagM

    WAR D E P A R T M E N T 1 2 J U N E 1 9 4 4

    RESTRICTED. DISSEMINATION OF RESTRICTED MATTER-The Infor-mation contained in restricted documents and the essential characteristicsof restricted material may be given to any person known to be in theservice of the United States and to persons of undoubted loyalty anddiscretion who are cooperating in Government work, but wi ll no t becommunicated to the pub lic or to the press except b y authorized militarypubl ic relations agencies. (See also par. 236, AR 380-5/15 Mar 1944.)

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    WAR DEPARTMENT,WASHINGTON5,D. C., 12 June 1944.

    , , War Department Pamphlet No. 2 74 , Procedure for Military Executions,is published for the&forr,lation a id guidance of all concerned.! [A. G. 250.47 ( 8 Mar 441.1 , .

    BYORDEWOF THE SECRETARYF WAR:G. C. MARSHALL,Chief of S t a f .OFFICL~LJ. A. ULIO,Major General, The Adjutant General.

    DISTRIBUTIONT of Opns (10);Sv C (10) ; Base Comds (10); Island Comds (10);Def Comds (Overseas) ( 10) ;Sectors (Overseas) (10);Depts ( 18) ;Armies (10); Corps (10)'; D ( 2 ) ; Posts, Camps, Sta (1); Arm& Sv Boards (2);Stf Div ( 2 ) ;Tech Sv (2).

    For explanation of s~mbols,ee FM 21-6.

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    CONTENTS

    ParagraphsS E C T I O N I . General.............................................. 1-1 1

    I I . Execution by Musketry................................ 12-14 I I I . Execution by Hanging.............................. --- 15-1 7 IV. Proceedings After Execution............................. 18-20 V. D e p a r t u r e s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 21

    V I . S : r u c t u r e s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 22-24 V I I . Equipment ........................................... 25-28

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    SECTION IGENERAL

    Authority---------------------------------------Time and Place................................. hDelegation of Authority.......................... 3In sa n i ty - - - - - - - - - - - - - - - - - - - - - - - - - - -_ - - - 4Pregnancy------------------------------- 5Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Multiple Executions ............................. 7Escort---------------------------------- 8C h a p l a i n - - - - - - - - - - - - - - - - - - - - - - - - 9Medical Officer................................. 10Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . 111. AuthorityMilitary executions will be by musketry or by hang-ing as designated by a court martial in imposing thesentence of death. (Manual for Courts-Martial,103a, page 93.)2. Time and Place

    a. The authority ordering the execution of a sen-tence of death designates or causes to be designatedthe time and place for such execution, any designa-tion made by the court as to such matters beingdisregarded. (Manual for Courts-Martial, 87b,page 76 . )b. Where it is found to be impracticable to pro-ceed with the execution at the time named or atthe place selected, the officer designated by theconfirming authority to execute the sentence willdesignate at the earliest opportunity another timeor place, and the execution will proceed according

    . to the new designation.3. Delegation of Authority

    a. The officer designated by the confirming au-thority to execute the approved sentence of deathwill be responsible for its execution. He may dele-gate to a subordinate ofFicer the duties connectedwith the carrying out of the execution.b. The subordinate officer named will be oneunder the direct control of the delegating authority.He will be duly and officially named by an orderof the officer designated to execute the sentenceand directed therein to carry out the execution.

    4. InsanityIf, after issuance of order of execution, the prisonershows signs of having become insane, the officerdesignated to execute the sentence may cause aboard to be convened under the provisions of AR600-500 to determine the sanity of the prisoner.If the board finds the prisoner to be sane, the execu-tion will proceed as ordered; but in the event heshall be found to be insane, notice of the findingsof the board, including, if practicable, its report,will be transmitted to the confirming authority ifother than the President, or to The Adjutant Gen-eral if the sentence was confirmed by the President,and the execution will be stayed pending the receiptof further instructions.5. PregnancyIf the prisoner is a woman and medical examina-tion reveals that she is pregnant, immediate reportof the fact will be made to the confirming authorityor to The Adjutant General, as prescribed in para-graph 4, and the execution will be stayed pendingLhe receipt of further instructions.6. WitnessesThe officer desiqnated to execute the sentence willprescribe whether the execution will be public orprivate, rules of secrecy as to time, place, and thepresence of witnesses, military or civilian, includingmembers of the press if the presence of the latteris deemed proper. If troops are designated to ob-serve an execution by musketry, these troops willbe paraded and formed into the three sides of ahollow rectangle, facing inward and toward thesite on which the prisoner is to be placed. Inexecutions by hanging, the trooDs, if designated towitness the execution, will be paraded and formedin a square around the gallows. No photographsnor motion pictures of the actual execution willbe permitted except for official purposes. The en-virons of the place of execution will be closely andsecurely guarded to prevent the intrusion of un-

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    authorized persons. All persons in attendance willbe cautioned that no demonstrations or unseemlyconduct will be tolerated. Troops will assume theposition of attention upon the approach of theescort and will remain at attention until the con-clusion of the ceremony.7. Multiple ExecutionsIn multiple executions by musketry, a separate ex-ecution party will be provided for each of theprisoners. Th e latter will be placed in line at aninterval of 10 paces and executed simultaneously.When a multiple execution by hanging is required,the officer designated to execute the sentence willprescribe the number of gallows to be erected, andthe prisoners will be hanged from the gallowssimultaneously or by groups.8. EscortThe escort for execution may be mounted, dis-mounted, or motorized, but upon arrival at thescene of execution, mounted or motorized escortswill form in the manner prescribed for dismountedescorts. The minimum escort will consist of com-ponents as prescribed in paragraph 13b.9. ChaplainIn all executions, a chaplain of the prisoner's choicewill be provided if practicable. If no chaplain ofthe prisoner's choice or of his particular denomina-tion is available, the officer charged with the execu-tion of the sentence will take all reasonable meas-

    ures to provide a civilian clergyman from thatdenomination.10. Medical OfficerA medical officer will be officially designated to bein attendance upon the execution. I t will be hisduty to determine the extinction of life in the pris-oner and to rriake pronouncement thereof. He willfurnish a death certificate to accompany the reportof execution.11. Miscellaneous

    a. The prisoner will be notified of the time ofexecution no less than 24 hours prior thereto if prac-ticable, at which time the order directing the execu-tion will be read to him by the officer charged withthe execution of the sentence or by some officer athis direction.b . If practicable, due notice will be given to thenext of kin of the prisoner and an opportunity pro-

    vided for the claiming of the body following theexecution.c. A prisoner in the Armed Forces of the UnitedStates will be dressed in regulation uniform fromwhich all decorations, insignia, or other evidences ofmembership therein have been removed. Likewise,no such evidences will appear on any clothing usedin burial. Similar procedures may be dispensedwith, in the discretion of the officer responsible forcarrying out the execution (or higher authority), inthe case of a prisoner in the armed forces of anothernation. A prisoner not within the foregoing cate-gories may be dressed in any clothing available.

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    SECTION I1EXECUTION BY MUSICETRY

    ParagraphOfficer Charged with Execution------------------- 12Assembly of Escort. . . . . . . . . . . . . . . . . . . . . . . 13 Execut ion-- - - - - - - - -_ -__- - - - - -_ - - - - - - -- - - - - - - 14

    12. Officer Charged with ExecutionThe officer charged with the execution will com-mand the escortand make the necessary arrange-ments for the conduct of the execution. He will-a. Instruct the escort and the execution party inh k i r duties.

    b. Arrange for the receipt of the prisoner by theprisoner guard.

    c. Arrange for an execution party of twelve menand one sergeant.d. Arrange for a chaplain to accompany theprisoner.e . Arrange for the presence of a medical officer atthe scene of the execution.f . Cause a post with proper rings placed thereinfor securing the prisoner in an upright position to beerected at the place of execution.g. Cause twelve rifles to be loaded in his presence.Not more than four nor less than one will be loadedwith blank ammunition. He will lace the riflesat random in the rack provided for that purpose.h. Provide a black hood to cover the head of thei. Provide a 4-inch, round, white target.j. Cause the prisoner's arms to be secured behindhis back, before or immediately after his receipt bythe prisoner guard.k. Arrange for an ambulance or other conveyancewith sufficient personnel to be in attendance uponthe execution to receive and care for the body. In

    the event a contract undertaker is used bv thequartermaster, his services may be substituted. SeeAR 30-1820.

    13. Assembly of Escorta. The band will be formed in accordance withsection V, FM 28-5, will proceed to the exteriordoor of the place of imprisonment at which the

    prisoner is to be received by the prisoner guard, andhalt near the door, facing in the direction of thescene of the execution. The presence of the bandis optional at executions where the presence of troopsis not required.b. The prisoner guard will consist of twelve menarmed with rifles, under the command of a sergeantarmed with a pistol. The prisoner guard will formin double ranks and at the proper time will proceed

    to the place of imprisonment to receive the prisoner.c. The main guard will consist of one or moreplatoons and will form in the rear of the band.d. The execution party will be formed unarmedand proceed to a previously prepared rack of rifles,secure arms, and move to the scene of the execution,halting 15 paces from and facing the position to betaken by the prisoner. At close interval, and atorder anns, the party will await the arrival of theprisoner and escort.e . At the designated time the prisoner, with hisarms bound securely behind his back, accompaniedby the chaplain, will be received by the prisoner

    guard and placed between the ranks. The escortwill then proceed toward the scene of the execution,the band playing the "Dead March."f.The escort will approach the scene of the exe-cution on line with the open side of the rectangleformed by the witnessing troops. The band willmove past the point at which the prisoner is to be~laced, nd will take position on the opposite sideof the rectangle, facing the scene of the execution.The prisoner guard, prisoner, and chaplain willproceed directly to the prisoner's post, halt, andface the execution party. Th e main guard willproceed to a point 5 paces behind the execution

    party and form a line facing the scene of execution.14. Execution

    a. The officer charged with the execution willtake position in front of the execution party andface the prisoner. He will then read the charge,finding, sentence, and orders aloud to the prisoner.He will then no* the prisoner and the chaplain

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    that a brief time will be allowed the prisoner forany last statement. After a reasonable time, hewill order the sergeant of the execution party tosecure the prisoner to the post and to place thehood over his head. Then the medical officer willplace the target over the prisoner's heart. Theprlsoner prepared, the officer charged with the ex-ecution will order the prisoner guard to join themain guard; the chaplain and medical officer willretire to the flank taken by the band. The oficercharged with the execution will take position 5paces to the right of and 5 paces to the front of theexecution party.

    b. Commands for the execution may be given bya combination of manual and oral signals asprescribed.( 1) When the officer charged with the execu-tion raises the right arm vertically overhead, palmforward, fingers extended and joined, the executionparty will come to the "Ready" position as pre-scribed for firing a volley, and will unlock rifles.(2 ) When the officer charged with the executionlowers his arm to a horizontal position in frontof his body, the execution party will take theposition of "Aim."

    (3) When the officer charged with the execu-tion drops his arm directly to his side and orallycommands: FIRE, the execution party will firesimultaneously.(4) The officer charged with the execution willthen bring the execution party to "Order Arms."c. When the use of manual signals is not prac-

    tical, the following oral commands are prescribed:(1 ) At the command READY, the executionparty will take that position and unlock rifles.

    (2) At the command AIM, the execution partywill take that position with rifles aimed at targeton the prisonei's body.( 3 ) At the command FIRE, the execution partywill fire simultaneously.d. The officer charged with the execution willjoin the medical officer who will examine the pris-oner and, if necessary, direct that the "coup degrace" be administered. Should the medical offi-cer so decide, the sergeant of the execution partywill administer the "coup de grace," with a handweapon, holding the muzzle just above the ear andone foot from the skull.

    e . Under exceptional circumstances, the officercharged with the execution, with the permission ofthe commanding officer, may detail an extra file ofsix men to administer the "coup de grace." Thisfile will form the rear rank of the execution party,and if it is necessary to administer the "coup degrace," will move in front of the execution partyand fire, at the command of the officer chargedwith the execution.

    f . Upon pronouncement of the death of theprisoner by the medical officer, the execution partywill proceed to the racks from which the rifles wereoriginally obtained, and replace the rifles in theracks at random. The execution party will thenbe dismissed.g. The escort, with the band playing a lively air,will return to their parade ground and be dismissed.h. The witnessing troops will parade in columnin front of the body and proceed to their respectiveparade grounds where they will be dismissed.i. The officer charged with the execution willdirect the burial party in the disposal of the bodyas prescribed by AR 2 10-500 and 30-1820.

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    SECTION I11EXECUTION BY HANGING

    ParagraphOfficer Charged with Execution .................... 15A s s e m b l y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 16Execution-------------------------------------- 1715. Officer Charged with ExecutionThe officer charged with the execution will com-mand the escort and make the necessary arrange-ments for the conduct of the execution. Hed-

    a. Instruct components of the escort in theirduties.b. Arrange for the receipt of the prisoner by theprisoner guard.c. Arrange for a chaplain to accompany theprisoner.d. Arrange for the presence of a medical officerat the scene of the execution.e . Provide a proper gallows.f . Provide a black hood to cover the head of theprisoner.g. Provide a collapse board for use if necessary.h. Cause the prisoner's arms to be secured be-

    hind his back, before or immediately upon his re-ceipt by the prisoner guard.i. Arrange for a burial party as prescribed inparagraph 12k.16. Assembly

    a. The band will be formed in accordance withsection V, Chapter 2, FM 28-5, will proceed tothe exterior door of the place of imprisonment atwhich the prisoner is to be received bv the prisonerguard, and halt near the place of imprisonment,facing in the direction of the scene of the execution.The presence of the band is optional at executionswhere the presence of troops is not required.

    b. The ~risonermard will consist of twelve men"armed with rifles, under the command of a sergeantarmed with a pistol. The prisoner guard will formin double ranks and a t the proper time will proceedto the door to receive the prisoner.c. The main guard will consist of one or moreplatoons and will form in the rear of the band.

    d. At the designated time the prisoner, with hisarms bound securely behind his back, accompaniedby the chaplain, will be received by the prisonerguard and placed between the ranks. Th e escortwill then proceed toward the scene of the execution,the band playing the "Dead March."e . Upon the arrival of the escort, consisting ofthe band, prisoner guard, main guard, prisoner and

    chaplain within the square formed by the witness-ing troops before the gallows, the sergeant of theprisoner guard and a sergeant from the main guardwill conduct the prisoner to the platform of thegallgws, the officer charged with the execution andthe chaplain preceding the prisoner.17. Execution

    a. The officer charged with the execution willface the prisoner and read aloud to him the charge,finding, sentence and orders. He will then notifythe chaplain and the prisoner that a brief timewill be allowed the prisoner for any last statement.After a reasonable time he will have the sergeantfrom the main guard place the hood over the pris-oner's head and bind his ankles. The sergeant ofthe execution party will then adjust the noosearound the prisoner's neck. The sergeant of theexecution party will then place himself in positionat the trigger and, upon a signal from the officercharged with the execution, will spring the trap.The officer char~edwith the execution and themedical officer wi l then examine the body for timeof death.

    b. Upon the pronouncement of the death of theprisoner, the escort, with the band playing a livelyair, will return to the parade ground and bedismissed.

    c. The witnessing troops will move to their re-spective areas where they will be dismissed.d. The officer charged with the execution willdirect the burial party in the disposal of the bodyas prescribed by the commanding officer.

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    SECTION IV P R O C E E D I N G S A F T E R E X E C U T I O N

    Paragraph. . .l s p o s ~ h o nof Remains........................... 18 Disposition of Effects............................ 19 Notification and Reports.......................... 20 18. Disposition of RemainsIf the next of kin or other relatives of the deceaseddesire the body, the officer designated to executethe sentence will, if practicable, permit its deliveryto them for burial. If no such claim is made, hewill cause it to be buried in a post or civilian ceme-tery or at the place of death, whichever may bedeemed proper and is authorized by pertinentregulations. (See AR 210-500 and 30-1820.)

    19. Disposition of EffectsSee Article of War 112 and sectionsV, VI and VII,AR 600-550.20. Notification and ReportsThe officer designated to execute the sentence willnotify The Adjutant General immediately follow-ing the execution, by fastest available method ofcommunication, of the carrying out of the sentenceof death, the time, place and any unusual circum-stances attendant thereon. He will likewise, inaddition, comply with the requirements of section11,AR 600-550. The quartermaster or other offi-cer in charge of burial will furnish report asprovided in AR 30-1815.

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    SECTION V

    DEPARTURES

    i f the exigencies of the situation require it, the offi-Limited f a c i t i e s 21 cer designated to execute the sentence may make21. Limited Facilities the necessary departures from the provisions hereinIf the facilities are not available for the carrying contained, except that he may not change the mode 'out of each of the provisions of this pamphlet or of execution.

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    SECTION VISTRUCTURES

    ParagraphPermanent Scaffold------------------------------ 22Semipermanent Scaffold.......................... 23Emergency Structures............................ 2422. Permanent ScaffoldA permanent type, demountable scaffold, with ametal trigger mechanism, will be erected when theneed for such a structure is determined by the com-manding officer. (See fig. 1.) Where available,troops belonging to the Corps of Engineers will beemployed in the constructing of the scaffold, butwhere not available, or where it is more practicable,other troops or civilians may be employed. Pre-liminary tests will be made to insure the strengthof the. rope in the stability of the scaffold's con-

    struction. If facilities are limited, a trap door onthe second floor of the building may be constructedto effect the execution, or a similar improvisingemployed.23. Semipermanent ScaffoldA semipermanent scaffold which requires no specialinetal fittings may be used in executions by hangingwhen deemed expedient by the commanding officer.(See fig. 2.)24. Emergency StructuresWhen the exigencies of the field so dictate, emer-gency type gallows may be used. (See fig. 3 . )

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    SECTION VII EQUIPMENT

    Paragraph25 Collapse Board and Binding Strap----------------- 26R o p e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 27

    25, HoodThe hood will be of black sateen material, split atthe open end so that it will come well down on theprisoner's chest and back. A draw string will beattached to secure the hood snugly around the neck.26. Collapse Board and Binding Strap

    a. A collapse board will be provided for use incase of the collapse of the prisoner. (See fig. 4.)

    b . A strap will be provided for binding prisoner'sarms to his side. (See fig. 5.) A plain strap willbe provided for securing the prisoner's legs.27. R o ~ eThe rope will be of manila hemp, 1% inches indiameter and approximately 20 feet in length.The rope will be stretched to eliminate any spring.After the hangman's knot is tied, the rope will betreated with wax, soap, or grese to insure a smoothsliding action through the knot.28. Post.Design for post used in execution by musketry asmentioned in paragraph 14a, is shown in figure 6.

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    PLAN OVER BEAM

    t 10'-0.PLATFORM AND STAIR PLAN AT SECTION A-A SCALE l / , I f= l ' -Of '

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    FIGURE 1 CONT'D

    P f x ~PCARRIAGEOLTS

    4% CARRIAGE BOLTSh"Qx8"ARRIAGE BOUS

    OF SCAFFOLD

    ~ v x 8 " ~OLTS ~ ~ ~

    x12- CARRIAGE BOLTS

    f" t S ~ CARRIAGE BOLTS

    FRONT ELEVATION SCALE ' /2"=1'-Of'

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    FIGURE 1 CONT'D

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    FIGURE 2

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    FIGURE 2 CONT'D

    211x8 Spiked All Around Top O i6 " x 6" To Form Plate or Ribbon

    Framing For Floorv s 1 2 ~ ~ Plan of4"Platform= 12"-ND

    2"x 6"

    - - - 2I1x4 IFlooring

    -- -.

    Plan of UndersideTrap Door One Halff ;12".

    2"x 6 "C

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    FiGURE 2 CONT'D3jA T a G Floor

    LI Section A - Ay=12"Elevation of Trigger Post t*= 1 2 ~ Heavy Strap Hinge

    I4"x4 " 9'-6" Long Cot In Two Pieces At Centar.

    Hinged . To Stand with I-Inch Bow At Center

    2 - pcs 6"x 8"- 22' Long Gallows Posts4 6"x6"- 12' P lotform Posts2 a 21x10"- 16' II Step S tr ingers4 " 2"x 10"- 10' ' Cross Bar - Beam3 2"x8" - 141 a Jo is t -Extend f o r s ta i r l and ing&

    1 2"x$"- 12' " Joist- S hort7 " 10 " Joists- Regular(ln811-'I$ " 2"x6"- X Braces4 a# 211x6"- 10 " Gallows Braces

    I a# 4"x4"- 10' " Knee Braces Ccut to 5'-0"l4 " 4"x4'1- 4' Newels'

    lI 211 x4~ - 'I Stalr Roi lI " 2"x 41- 'I Stair Rolf3 n 21*x411- 10 " Sta i r Ro l l 8L Trap Door Ra i l

    Fpcs2"x8"- 12 ' ~ o n g )I f 2 th lck " 2Ux.8" -10 ' Long" 2 " ~ 8 ~ - 8 'L o n gI pcs 2"x6'" 8' Long Trap Door Ro lls"I ' 2 " x 6 3 / 4 ' 8 ' 140 BM3/4" T 8 G P in eF lo or in g11 2 " x 1 ~ " - 141 q Cu t I n to 3 "6 " l eng lhs . S tepTr ead

    I 4ux411- 10' 18 Tr lgge r

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    FIGURE 3

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    FIGURES 4, 5 AND 6

    .c

    0 . 5. C O V E RH M E N T P R I N T I N G O F F I C i z 19.4