Edison and the Electric Chair_ A Story of Light and Death - Mark Essig [80]
Harold Brown submitted this plan for electrical execution as evidence during the hearings phase of Kemmler's appeal. On the generator he added a label reading "Westinghouse Electric, Pittsburgh."
When attorneys for New York State had a chance to cross-examine Pope, they attacked his credibility. One attorney asked about Pope's employer, Westinghouse Electric: "They object to the use of their machines in the contemplated execution of criminals?"
"I believe they do."
"For what reason, do you know?"
"I suppose for the reason the public would naturally suppose that a machine that was used for the express purpose of killing or ending human life would be an unsafe one to put into commercial use."19
"Has the company engaged counsel to urge this objection?" (At this question, the Times reported, "Mr. Cockran suddenly became intensely interested in the architecture of the ceiling.")20
"I don't know of anything of the kind," the witness replied.
The state's lawyer, however, would not let the matter rest. He said that Pope's testimony could not be trusted: "He is a representative of the Westinghouse people."
"That does not disqualify him," Cockran shouted. "He is not a charlatan." Cockran glared at Harold Brown.21
MUCH OF THE TESTIMONY of both Brown and Pope focused on one technical matter: the electrical resistance of human beings. In order to kill, the current had to be strong enough to overcome the resistance of the victim's body. There were ways to lower a person's resistance—such as clipping the victim's hair and covering the electrodes with wet sponges—but the executioners had to have a rough idea of the victim's resistance in order to be sure that the current used would be strong enough to overcome it. Brown claimed that 1,500 volts would overcome the resistance of any man. But according to Cockran and Pope, the resistance of living creatures varied enormously, and there was no good way to measure it. As a result, they claimed, the state could never know how high a voltage would be needed to kill.
The testimony on resistance became so technical and so confused that Referee Becker asked that more experiments be made. As with earlier questions regarding electrical execution, it seemed only Thomas Edison's laboratory could provide the answers. On Friday morning, July 12, Becker, the lawyers, and a knot of reporters journeyed to New Jersey. Edison himself, along with Arthur Kennelly, was off in Pennsylvania experimenting with his latest project, a magnetic iron ore separator, so the experiments were conducted by Brown and another Edison employee. Each test subject placed his hands in two jars containing a zinc sulfate solution, and a low-voltage current was passed through his body between the electrodes. A device called a Wheatstone bridge-named for Charles Wheatstone, one of the inventors of the electric 183 telegraph—was used to measure his resistance. The measurements of the men ranged from 1,000 to 10,000 ohms. According to Brown, this was within the expected range and proved that resistance would prove no roadblock to efficient killing. Cockran remained unconvinced.22
REFEREE BECKER encountered trouble securing the testimony of the death penalty commissioners. Matthew Hale telegraphed from Albany to say that he "could throw no light on the subject" of why the commission recommended electricity, a surprising admission that indicated he had held little power in the final decision. Alfred Southwick was vacationing in Europe. That left Elbridge Gerry, who at first declined to testify on the grounds that he was in Newport preparing for a cruise with the New York Yacht Club. Becker telegraphed to Newport to insist that Gerry postpone his cruise and return to New York. Gerry appeared at the hearings fresh from his yacht, his commodore's cap in his hand.23
Under questioning by Cockran, Gerry testified, "My individual idea is that the dose of morphia would be most efficacious."
"But you surrendered your opinion on account of your associates?"