John A. Bennett
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John Arthur Bennett (April 10, 1936 – April 13, 1961) was a U.S. Army soldier who remains the last person to be executed after a
court-martial A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
by the
United States Armed Forces The United States Armed Forces are the Military, military forces of the United States. U.S. United States Code, federal law names six armed forces: the United States Army, Army, United States Marine Corps, Marine Corps, United States Navy, Na ...
. The 19-year-old
private Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...
was convicted of the rape and attempted murder of an 11-year-old girl in
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
. Despite last minute appeals for clemency and pleas to President
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
by the victim's family to spare his life, Kennedy refused; Bennett was hanged at
Fort Leavenworth Fort Leavenworth () is a United States Army installation located in Leavenworth County, Kansas, in the city of Leavenworth, Kansas, Leavenworth. Built in 1827, it is the second oldest active United States Army post west of Washington, D.C., an ...
, Kansas in 1961.


Early life

Bennett was the fourth of eight children born to a family of
sharecropper Sharecropping is a legal arrangement in which a landowner allows a tenant (sharecropper) to use the land in return for a share of the crops produced on that land. Sharecropping is not to be conflated with tenant farming, providing the tenant a ...
s in Chatham, Virginia. His schooling finished in the fourth grade. Despite being
epileptic Epilepsy is a group of non-communicable neurological disorders characterized by a tendency for recurrent, unprovoked seizures. A seizure is a sudden burst of abnormal electrical activity in the brain that can cause a variety of symptoms, rang ...
, he managed to enlist in the U.S. Army when he was 18.


Military career

Although he dropped out of the Ordnance Corps for academic deficiency, he became an ammunition handler and a truck driver with the U.S. Army's 11th Antiaircraft Artillery Battalion (11th AAA Battalion) at Camp Roeder near
Salzburg Salzburg is the List of cities and towns in Austria, fourth-largest city in Austria. In 2020 its population was 156,852. The city lies on the Salzach, Salzach River, near the border with Germany and at the foot of the Austrian Alps, Alps moun ...
in Austria.


Crime and court-martial

In 1954, just days before Christmas, a heavily intoxicated Bennett left Camp Roeder to find a
brothel A brothel, strumpet house, bordello, bawdy house, ranch, house of ill repute, house of ill fame, or whorehouse is a place where people engage in Human sexual activity, sexual activity with prostitutes. For legal or cultural reasons, establis ...
. Witnesses reported seeing him wandering around, entering random civilian homes asking for a girl (or according to some, for a woman) named Margaret or Margot. He even entered one house asking the local occupants if they had chickens. Later that evening, at Siezenheim, he met an 11-year-old girl returning from an errand for her parents. In a confession he gave to U.S. Army Military Police, he said:
I walked part way into the field with her and then I carried her the rest of the way about 25 yards. She appeared as though she wanted to go with me. The reason I carried her was because we were too near the road and I wanted to go further into the field. I sat her down in the field ... I laid down on top of her then and inserted my penis into her vagina. My penis was too big for her vagina and she started kicking. I put my hands under her buttocks and forced my penis into her vagina the rest of the way. I had intercourse with her for about 5 minutes. She screamed twice ... I didn't hit her, slap her or anything like that. After we started to have intercourse she tried to get up but she wasn't strong enough ... and I laid on top of her because I was enjoying the intercourse. I wish to state that I did not force her at all.
Although Bennett had repeatedly raped the girl before strangling her and dumping her body in a stream, the child survived. An American officer and his wife testified that she came to their home pleading for help. She was in a disheveled state, wet and dirty, with blood on her legs. When asked what happened, she responded, "a Negro had choked me". Later, while the victim was being cleaned up, she stated that the man had taken off her underwear and stuck something in her. Bennett was arrested by MPs at the base movie theater a few hours later. Bennett was tried at a general court-martial at the Lehener Kaserne, the former military barracks of the 59th Infantry Regiment of the
Imperial-Royal Landwehr The Imperial-Royal Landwehr ( or ''k.k. Landwehr''), also called the Austrian Landwehr, was the territorial army of the Cisleithanian or Austrian half of the Austro-Hungarian Empire from 1869 to 1918. Its counterpart was the Royal Hungarian Land ...
in Salzburg, on February 8, 1955. The military court heard medical testimony from a doctor who examined the victim at the officer's home, as well as another who saw her later that day at the nearby hospital. Both agreed she had been sexually assaulted. A month later the court-martial found Bennett guilty of rape and attempted premeditated murder. He was sentenced to death. The
death sentence 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 ...
was upheld by President
Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...
on July 2, 1957.


Execution

After his sentence was stayed two times by lower courts, the U.S. District Court in
Kansas Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
overturned the rulings on appeal in 1960. On February 27, 1961, the newly appointed
Secretary of the Army The secretary of the Army (SA or SECARMY) is a senior civilian official within the United States Department of Defense, with statutory responsibility for all matters relating to the United States Army: manpower, personnel, reserve affairs, insta ...
Elvis Jacob Stahr Jr. ordered that the sentence should be carried out. Days before Bennett's scheduled execution, the victim and her parents wrote to President
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
, asking for clemency for Bennett. Bennett also wrote to Kennedy, asking for clemency since the girl did not die. Kennedy took no action on the appeals and let Eisenhower's death warrant stand. Bennett was hanged at United States Disciplinary Barracks at Fort Leavenworth, Kansas on April 13, 1961. His last meal consisted of cocktail sauce, hot rolls, cake, peaches, milk and coffee. Asked if he wanted to make a final statement, Bennett said, "Yes. I wish to take this last opportunity to thank you and each member of the staff for all you have done in my behalf." As he walked to the gallows, he said "pray for me". Bennett remains the last person to be executed following a United States Armed Forces court-martial.


See also

* Capital punishment by the United States military *
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 ...
* List of most recent executions by jurisdiction * List of people executed by the United States military


Notes


References


External links


List of U.S. Military Executions
from the Death Penalty information Center {{DEFAULTSORT:Bennett, John A. 1936 births 1961 deaths 20th-century African-American people 20th-century executions by the United States military 20th-century executions of American people African-American United States Army personnel American male criminals American people convicted of attempted murder American people convicted of child sexual abuse American people executed for rape Executed African-American people Executed people from Virginia People executed by the United States military by hanging People from Chatham, Virginia People with epilepsy United States Army personnel who were court-martialed United States Army soldiers Inmates of United States Disciplinary Barracks