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Andriza (or Andrew) Mircovich (, 1879 – May 14, 1913) was an Austro-Hungarian national of
Serb The Serbs ( sr-Cyr, Срби, Srbi, ) are a South Slavic ethnic group native to Southeastern Europe who share a common Serbian ancestry, culture, history, and language. They primarily live in Serbia, Kosovo, Bosnia and Herzegovina, Croatia ...
descent. He was the only prisoner ever to be
executed by shooting Execution by shooting is a method of capital punishment in which a person is shot to death by one or more firearms. It is the most common method of execution worldwide, used in about 70 countries, with execution by firing squad being one particular ...
in the US state of
Nevada Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...
. He had been
sentenced to death Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
for the
premeditated murder Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse ...
of
John Gregovich John Gregovich (1847May 14, 1912) was a Serbian American merchant and Nevada Senate, Nevada Senator in the late 19th century. A member of the Silver Party during his tenure as senator, Gregovich later helped take on the cases of various Serbs, Se ...
in
Tonopah, Nevada Tonopah ( , Shoshoni language: Tonampaa) is an Unincorporated towns in Nevada, unincorporated town in the U.S. state of Nevada and the county seat of Nye County, Nevada, Nye County. Nicknamed the Queen of the Silver Camps for its mining-rich hi ...
. Mircovich felt that he was owed more money from Gregovich's administration of his late cousin's estate and resorted to settling the matter by stabbing Gregovich to death. A 1911
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
was passed by the
Nevada Legislature The Nevada Legislature is the bicameral state legislature of the U.S. state of Nevada, consisting of the Nevada Assembly (lower house with 42 members) and the Nevada Senate (upper house with 21 members). With a total of 63 seats, the Legisla ...
that allowed a death row inmate to opt to die by shooting or
hanging Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...
; that statute was repealed in 1921. Mircovich was insistent on shooting, claiming that hanging often took too long. After the
Nevada State Prison Nevada State Prison (NSP) was a penitentiary located in Carson City. The prison was in continuous operation since its establishment in 1862 and was managed by the Nevada Department of Corrections. It was one of the oldest prisons still operat ...
warden A warden is a custodian, defender, or guardian. Warden is often used in the sense of a watchman or guardian, as in a prison warden. It can also refer to a chief or head official, as in the Warden of the Mint. ''Warden'' is etymologically ident ...
, George W. Cowing, was unable to find five men to form a
firing squad Firing may refer to: * Dismissal (employment), sudden loss of employment by termination * Firemaking, the act of starting a fire * Burning; see combustion * Shooting, specifically the discharge of firearms * Execution by firing squad, a method of ...
, a shooting machine was requisitioned and built to carry out the execution.


Background

Andriza Mircovich was a 31-year-old
miner A miner is a person who extracts ore, coal, chalk, clay, or other minerals from the earth through mining. There are two senses in which the term is used. In its narrowest sense, a miner is someone who works at the rock face (mining), face; cutt ...
and a recent immigrant to the US from
Austria-Hungary Austria-Hungary, also referred to as the Austro-Hungarian Empire, the Dual Monarchy or the Habsburg Monarchy, was a multi-national constitutional monarchy in Central Europe#Before World War I, Central Europe between 1867 and 1918. A military ...
. Mircovich spoke little English and was barely literate in his native Serbian dialect. His cousin Christopher Mircovich had died in a fire in the Tonopah Belmont Mine on February 23, 1911. Because Christopher did not have a will, his estate was turned over to
Nye County Nye County is a county in the U.S. state of Nevada. As of the 2020 census, the population was 51,591. Its county seat is Tonopah. At , Nye is Nevada's largest county by area and the third-largest county in the contiguous United States, beh ...
public administrator Arthur H. Keenan. At the recommendation of District Attorney James A. Sanders, Andriza Mircovich and Christopher Mircovich's surviving siblings, Vasso and Maria, met with
John Gregovich John Gregovich (1847May 14, 1912) was a Serbian American merchant and Nevada Senate, Nevada Senator in the late 19th century. A member of the Silver Party during his tenure as senator, Gregovich later helped take on the cases of various Serbs, Se ...
on May 10, 1911. Gregovich, who also went by the surname Greggory, was a fellow Serb from Castellastva, (now Petrovac), who was handling the cases of other
Serbian Serbian may refer to: * Pertaining to Serbia in Southeast Europe; in particular **Serbs, a South Slavic ethnic group native to the Balkans ** Serbian language ** Serbian culture **Demographics of Serbia, includes other ethnic groups within the co ...
miners who had died in the fire. Mircovich, who was unfamiliar with the
probate In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the e ...
laws in Nevada, began cursing Gregovich and Sanders because he was frustrated over being unable to take sole control of the estate. At the time of his death, Christopher Mircovich's estate included $520 in cash, and a settlement of $2,000 from the Tonopah Belmont Company. On July 17, 1911, Gregovich issued a check for $50 to Andriza Mircovich, followed by another check for $1,742.50 to Vasso and Maria on July 22. $507.32 was added to the estate for money orders held in Christopher's name. After legal and administrative fees were paid, $966.25 in undisbursed funds remained in the estate. Mircovich believed that he was owed more money and his demands escalated into threats against Gregovich. On November 14, 1911, Gregovich petitioned District Judge Peter J. Sommers, to be released as executor of the estate. Feeling cheated, Mircovich vowed to take matters into his own hands. At that time, South Slavic immigrants traditionally settled disagreements in mining camps by the use of a knife.


Death of John Gregovich

In the early morning of May 14, 1912, Gregovich was at the Tonopah and Goldfield train depot to collect a grocery bill and had a man called J. R. Masterson in conversation. Mircovich had come to the depot from the cemetery to see who was arriving on the morning train. When he saw Gregovich on the station platform, Mircovich said, "I will get you, you old son-of-a-bitch!" He then stabbed Gregovich with a knife in the chest and groin, puncturing his lung and severing his
femoral artery The femoral artery is a large artery in the thigh and the main arterial supply to the thigh and leg. The femoral artery gives off the deep femoral artery and descends along the anteromedial part of the thigh in the femoral triangle. It enters ...
. Masterson was able to clamp the artery with a
hemostat A hemostat (also called a hemostatic clamp; arterial forceps; and pean, after Jules-Émile Péan) is a tool used to control bleeding during surgery. Similar in design to both pliers and scissors, it is used to clamp exposed blood vessels shut. ...
from his medical bag. Deputy Sheriff William Walker immediately apprehended Mircovich, who told him that the murder weapon was his and that Gregovich had taken his money. Despite the efforts of doctors, Gregovich died of
shock Shock may refer to: Common uses Healthcare * Acute stress reaction, also known as psychological or mental shock ** Shell shock, soldiers' reaction to battle trauma * Circulatory shock, a medical emergency ** Cardiogenic shock, resulting from ...
at 1:00 p.m. at Miner's Hospital. At the Nye County Jail, Mircovich told Sheriff Ed Malley that he "wanted to make John Gregovich die", although Malley did not advise him that such statements could be used against him in court.


Trial and sentencing

At the
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
hearing on the next day, Nye County Judge Mark R. Averill denied bail, as Mircovich's case involved capital murder. George B. Thatcher was Mircovich's court-appointed attorney, but had to leave town on June 1, 1912, for the Democratic State Convention in Fallon. Averill then appointed Patrick M. Bowler on behalf of Mircovich until Thatcher returned on June 5. The case was prosecuted by District Attorney Sanders. Witnesses testified that Mircovich had made threats against Gregovich's life, and was once thrown out of Gregovich's business premises. In his closing statement Sanders challenged the all-male jury to have the "manhood" to "defend the law of my country and its liberty-loving people" or else "we might just as well dynamite this old courthouse. We might just as well take his Honor off the bench and say we have no law in Nye County." On June 15, 1912, Mircovich was convicted of
premeditated murder Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse ...
. He was sentenced to death by Judge Averill. Mircovich boarded a train to
Nevada State Prison Nevada State Prison (NSP) was a penitentiary located in Carson City. The prison was in continuous operation since its establishment in 1862 and was managed by the Nevada Department of Corrections. It was one of the oldest prisons still operat ...
in
Carson City Carson City, officially the Carson City Consolidated Municipality, is an independent city and the capital of the U.S. state of Nevada. As of the 2020 census, the population was 58,639, making it the 6th most populous city in the state. The m ...
on June 17 while escorted by Sheriff Malley and prison warden George W. Cowing. Mircovich parted with the statement: "They will treat me to a shower of cold lead." He became
nausea Nausea is a diffuse sensation of unease and discomfort, sometimes perceived as an urge to vomit. It can be a debilitating symptom if prolonged and has been described as placing discomfort on the chest, abdomen, or back of the throat. Over 30 d ...
ted during the trip and begged his captors to shoot him right away, not understanding that attorneys would pursue appeals on his behalf. Attorney J.E. McNamara argued to the
Nevada Supreme Court The Supreme Court of Nevada is the highest state court of the U.S. state of Nevada, and the head of the Nevada Judiciary. The main constitutional function of the Supreme Court is to review appeals made directly from the decisions of the distri ...
that Sanders unfairly prejudiced the jury with the statement: "Why, gentlemen of the jury, if you cannot pronounce by your verdict the death penalty upon this defendant, I say, let's resurrect old Casey Goldfield">Goldfield,_Nevada.html" ;"title="hat killed Mrs. Hislop in Goldfield, Nevada">Goldfieldand let him live again." However, the appeal was denied and the lower court decision was upheld, with Justice Pat McCarran abstaining from the opinion.


Execution

Nevada State Prison had been the state-designated facility for hangings since 1903. At the urging of the
Mormon Mormons are a religious and cultural group related to Mormonism, the principal branch of the Latter Day Saint movement started by Joseph Smith in upstate New York during the 1820s. After Smith's death in 1844, the movement split into several ...
population, the
Nevada Legislature The Nevada Legislature is the bicameral state legislature of the U.S. state of Nevada, consisting of the Nevada Assembly (lower house with 42 members) and the Nevada Senate (upper house with 21 members). With a total of 63 seats, the Legisla ...
passed a statute in 1910 that became effective in January 1911, which allowed condemned prisoners to choose between
execution by shooting Execution by shooting is a method of capital punishment in which a person is shot to death by one or more firearms. It is the most common method of execution worldwide, used in about 70 countries, with execution by firing squad being one particular ...
or hanging. Only Mircovich and one other inmate selected shooting. However, the other prisoner's sentence was commuted. Warden Cowing tried to talk Mircovich out of his decision. Mircovich did not want to be hanged and insisted on being shot, claiming it would be quicker. Cowing was faced with a predicament in meeting the scheduled execution date of August 29, 1912, because he was unable to find five marksmen willing to participate in a
firing squad Firing may refer to: * Dismissal (employment), sudden loss of employment by termination * Firemaking, the act of starting a fire * Burning; see combustion * Shooting, specifically the discharge of firearms * Execution by firing squad, a method of ...
.


The shooting machine

The state then ordered a rack of rifles that was to be set up on a frame by an
Eastern Eastern or Easterns may refer to: Transportation Airlines *China Eastern Airlines, a current Chinese airline based in Shanghai * Eastern Air, former name of Zambia Skyways *Eastern Air Lines, a defunct American airline that operated from 192 ...
ordnance
foundry A foundry is a factory that produces metal castings. Metals are cast into shapes by melting them into a liquid, pouring the metal into a mold, and removing the mold material after the metal has solidified as it cools. The most common metals pr ...
. The 1000-pound (450 kg) execution machine, which was called the "shooting gallery of steel", included three
Savage Model 1899 The Savage Model 99, Model 1899, and their predecessor the model 1895 are a series of hammerless lever action rifles created by the Savage Arms Company in Utica, New York. The Model 99 family featured a unique rotary magazine, and later added some ...
.30-30 caliber rifles with
Maxim Maxim or Maksim may refer to: Entertainment *Maxim (magazine), ''Maxim'' (magazine), an international men's magazine ** Maxim (Australia), ''Maxim'' (Australia), the Australian edition ** Maxim (India), ''Maxim'' (India), the Indian edition *Maxim ...
silencers. When the device arrived at the prison, Cowing no longer wanted to have any part of the execution and resigned. Denver S. Dickerson, a former Nevada governor and prison reformer, was appointed as the new warden. On May 13, 1913, Prison Chaplain Lloyd B. Thomas of St. Peter's Episcopal Church, Carson City, Nevada, made an unsuccessful appeal for
commutation Commute, commutation or commutative may refer to: * Commuting, the process of travelling between a place of residence and a place of work Mathematics * Commutative property, a property of a mathematical operation whose result is insensitive to th ...
on Mircovich's behalf with the Board of Pardons. The "shooting machine" was designed to be loaded with two lethal rounds and a
blank cartridge A blank is a firearm cartridge that, when fired, does not shoot a projectile like a bullet or pellet, but generates a muzzle flash and an explosive sound ( muzzle report) like a normal gunshot would. Firearms may need to be modified to allow a ...
, each connected to a coiled spring mechanism. The device could be fired by cutting three strings, only one of which would fire the rifles. This design would prevent the three randomly selected prison guards from knowing who would be responsible for triggering the lethal shot. On the morning of May 14, the three guards entered the firing area and then the 12 invited witnesses were admitted to a designated enclosed space in the yard. Mircovich refused an offer for a blindfold from Warden Dickerson and shook his hand, stating: "I much obligated to you. You be good man to me." Mircovich was then strapped to a chair bolted onto a platform in front of the machine. The prison doctor, Donald T. McLean, placed a heart-shaped target on Mircovich's chest. The aim on the loaded rifles were sighted on the defendant's heart, and checked by each guard. Mircovich cursed the name of Judge Averill and said "I die like a soldier" before he was shot to death.


Aftermath

Doctor McLean declared that the death was instantaneous. An autopsy found the two soft-nosed ball cartridges within 2/3 inch (17mm) of each other in Mircovich's heart. Reverend Thomas conducted an informal service at the prison cemetery that afternoon. Mircovich's body was buried in a pine coffin on the same day. In a 1915 report to the Nevada Legislature, Dickerson stated that despite his personal reservations, "executions by shooting are a trifle less barbarous than by hanging and have the further merit of eliminating many of the possibilities of bungling." However, the shooting machine was never used again and was placed in storage by the prison quarry. In July 1942, it was donated with 50 tons of
scrap Scrap consists of recyclable materials, usually metals, left over from product manufacturing and consumption, such as parts of vehicles, building supplies, and surplus materials. Unlike waste, scrap can have monetary value, especially recover ...
metal for a collection drive during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
. The rifles from the machine were found during an inventory of the prison armory in June 1977 and were donated to the Nevada State Museum in Carson City.


See also

*
Capital punishment in Nevada Capital punishment is a legal penalty in the U.S. state of Nevada. The last person executed in the state was convicted murderer Daryl Mack in 2006. There have been no executions in Nevada since then, in part because of a shortage of drugs used ...
*
List of homicides in Nevada This is a list of homicides in Nevada. It includes notable homicides committed in the U.S. state of Nevada that have a Wikipedia article on the killing, the killer, or the victim. The list is divided into three sub-lists as follows: 1. Multipl ...
*
Capital punishment in the United States In the United States, capital punishment (also known as the death penalty) is a legal penalty in 27 states (of which two, Oregon and Wyoming, do not currently have any inmates sentenced to death), throughout the country at the federal leve ...
*
Gee Jon Gee Jon (; 1895 – February 8, 1924) was a Chinese national who was the first person in the United States to be executed by lethal gas. A member of the Hip Sing Tong criminal society from San Francisco, California, Gee was sentenced to dea ...
*
Miranda warning In the United States, the ''Miranda'' warning is a type of notification customarily given by Law enforcement in the United States, police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right t ...


References


Further reading

*


External links


Nevada State Prison Inmate Case Files: Andriza Mircovich
at Nevada State Library and Archives
''State of Nevada v. Andriza Mircovich''
35 Nev. 485 - 1913 {{DEFAULTSORT:Mircovich, Andriza 1870s births Year of birth uncertain 1913 deaths 19th-century American people American people executed for murder 19th-century Austrian people Emigrants from Austria-Hungary to the United States People convicted of murder by Nevada Montenegrin people executed abroad 20th-century executions by Nevada People executed by Nevada by firing squad American miners