Andriza Mircovich
Encyclopedia
Andriza Mircovich (c.
Circa
Circa , usually abbreviated c. or ca. , means "approximately" in the English language, usually referring to a date...

 1879 – May 14, 1913) was an Austro-Hungarian national
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...

 of Montenegrin descent. He was the first and only prisoner ever to be executed by shooting
Execution by shooting
Execution by shooting is a form of capital punishment whereby an executed person is shot 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 form...

 in the state of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...

. He had been sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

 for the premeditated murder
Premeditated murder
Premeditated murder is the crime of wrongfully causing the death of another human being after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.State laws in the United States vary as to definitions...

 of John Gregovich in Tonopah, Nevada
Tonopah, Nevada
Tonopah is a census-designated place located in and the county seat of Nye County, Nevada. It is located at the junction of U.S. Routes 6 and 95 approximately mid-way between Las Vegas and Reno....

. 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
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

 was passed by the Nevada Legislature
Nevada Legislature
The Nevada Legislature is the state legislature of the U.S. state of Nevada. The Legislature is a bicameral body, consisting of the lower house Nevada Assembly, with 42 members, and the upper house Nevada Senate, with 21 members. All 63 members of the Legislature are elected from an equal amount of...

 that allowed a death row inmate to opt to die by shooting or hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

; that statute was overturned in 1921. Mircovich was insistent on shooting, claiming that hanging often took too long. After the Nevada State Prison
Nevada State Prison
Nevada State Prison is a penitentiary located in Carson City. The prison has been in continuous operation since it was established in 1862 and is managed by the Nevada Department of Corrections. It is one of the oldest prisons still operating in the United States. The high security facility housed...

 warden, George W. Cowing, was unable to find five men to form a firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...

, a shooting machine was requisitioned and built to carry out the execution.

Background

Andriza Mircovich was a 31-year-old miner
Miner
A miner is a person whose work or business is to extract ore or minerals from the earth. Mining is one of the most dangerous trades in the world. In some countries miners lack social guarantees and in case of injury may be left to cope without assistance....

 and a recent immigrant to Nevada from Austria-Hungary
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...

. Mircovich spoke little English and was barely literate in his native Serbian dialect
Serbian language
Serbian is a form of Serbo-Croatian, a South Slavic language, spoken by Serbs in Serbia, Bosnia and Herzegovina, Montenegro, Croatia and neighbouring countries....

. 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, Nevada
-National protected areas:* Ash Meadows National Wildlife Refuge* Death Valley National Park * Humboldt-Toiyabe National Forest * Spring Mountains National Recreation Area -Demographics:...

 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 on May 10, 1911. Gregovich, who also went by the surname Greggory, was a fellow Montenegrin from Castellastva, (now Petrovac), who was handling the cases of other Serbian
Serbs
The Serbs are a South Slavic ethnic group of the Balkans and southern Central Europe. Serbs are located mainly in Serbia, Montenegro and Bosnia and Herzegovina, and form a sizable minority in Croatia, the Republic of Macedonia and Slovenia. Likewise, Serbs are an officially recognized minority in...

 miners who had died in the fire. Mircovich, who was unfamiliar with the probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...

 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
South Slavs
The South Slavs are the southern branch of the Slavic peoples and speak South Slavic languages. Geographically, the South Slavs are native to the Balkan peninsula, the southern Pannonian Plain and the eastern Alps...

 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
Tonopah and Tidewater Railroad
The Tonopah and Tidewater Railroad, the T&T, was a class II railroad extending through remote reaches of the Mojave Desert from the Santa Fe Railway railhead at Ludlow, California, through Death Valley and Amargosa Valley, terminating at the Mining towns of Tonopah and Goldfield in the Great Basin...

 train depot to collect a grocery bill and had engaged a Doctor 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
Femoral artery
The femoral artery is a general term comprising a few large arteries in the thigh. They begin at the inguinal ligament and end just above the knee at adductor canal or Hunter's canal traversing the extent of the femur bone....

. Doctor Masterson was able to clamp the artery with a hemostat
Hemostat
A hemostat , is a vital surgical tool used in almost any surgical procedure, usually to control bleeding. Therefore, it is not uncommon to see the initial incision lined with hemostats closing blood vessels awaiting ligation during the initial phases of surgery...

 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 a team of doctors, Gregovich died of shock 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
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...

 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
Nevada Democratic Party
The Nevada Democratic Party is the state affiliate of the United States Democratic Party in Nevada. Its chair is Roberta Lange, and its Executive Director is Zach Zaragoza .-History:...

 in Fallon
Fallon, Nevada
-Demographics:As of the census of 2000, there were 7,536 people, 3,004 households, and 1,877 families residing in the city. The population density was 2,474.1 people per square mile . There were 3,336 housing units at an average density of 1,095.2 per square mile...

. 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
Premeditated murder
Premeditated murder is the crime of wrongfully causing the death of another human being after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.State laws in the United States vary as to definitions...

. He was sentenced to death by Judge Averill. Mircovich boarded a train to Nevada State Prison
Nevada State Prison
Nevada State Prison is a penitentiary located in Carson City. The prison has been in continuous operation since it was established in 1862 and is managed by the Nevada Department of Corrections. It is one of the oldest prisons still operating in the United States. The high security facility housed...

 in Carson City
Carson City, Nevada
The Consolidated Municipality of Carson City is the capital of the state of Nevada. The words Consolidated Municipality refer to a series of changes in 1969 which abolished Ormsby County and merged all the settlements contained within its borders into Carson City. Since that time Carson City has...

 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
Nausea , is a sensation of unease and discomfort in the upper stomach with an involuntary urge to vomit. It often, but not always, precedes vomiting...

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 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 [that killed Mrs. Hislop in Goldfield
Goldfield, Nevada
Goldfield is an unincorporated community and the county seat of Esmeralda County, Nevada, United States, with a resident population of 440 at the 2000 census. It is located about southeast of Carson City, along U.S...

] and let him live again." However, the appeal was denied and the lower court decision was upheld, with Justice Pat McCarran
Pat McCarran
Patrick Anthony McCarran was a Democratic United States Senator from Nevada from 1933 until 1954, and was noted for his strong anti-Communist stance.-Early life and career:...

 abstaining from the opinion.

Execution

Nevada State Prison had been the state-designated facility for hangings since 1903. At the urging of the Mormon
Mormon
The term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...

 population, the Nevada Legislature
Nevada Legislature
The Nevada Legislature is the state legislature of the U.S. state of Nevada. The Legislature is a bicameral body, consisting of the lower house Nevada Assembly, with 42 members, and the upper house Nevada Senate, with 21 members. All 63 members of the Legislature are elected from an equal amount of...

 passed a statute in 1910 that became effective in January 1911, which allowed condemned prisoners to choose between execution by shooting
Execution by shooting
Execution by shooting is a form of capital punishment whereby an executed person is shot 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 form...

 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
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...

.

The shooting machine

The state then ordered a rack of rifles that was to be set up on a frame by an Eastern
Eastern United States
The Eastern United States, the American East, or simply the East is traditionally defined as the states east of the Mississippi River. The first two tiers of states west of the Mississippi have traditionally been considered part of the West, but can be included in the East today; usually in...

 ordnance foundry
Foundry
A foundry is a factory that produces metal castings. Metals are cast into shapes by melting them into a liquid, pouring the metal in a mold, and removing the mold material or casting after the metal has solidified as it cools. The most common metals processed are aluminum and cast iron...

. The 1000-pound (450 kg) execution machine, which was called the "shooting gallery of steel", included three Savage
Savage Arms
The Savage Arms Company is a firearms manufacturing company based in Westfield, Massachusetts, with a division located in Canada. The company makes a variety of rimfire and centerfire rifles, as well as marketing the Stevens single-shot rifles and shotguns...

 model 1899 .30-30 caliber rifles with Maxim
Hiram Percy Maxim
Hiram Percy Maxim was an American radio pioneer and inventor, and co-founder of the American Radio Relay League . He originally had the amateur call signs SNY, 1WH, 1ZM, 1AW, and later W1AW, which is now the ARRL Headquarters club station call sign...

 silencers
Suppressor
A suppressor, sound suppressor, sound moderator, or silencer, is a device attached to or part of the barrel of a firearm which reduces the amount of noise and flash generated by firing the weapon....

. When the device arrived at the prison, Cowing no longer wanted to have any part of the execution and resigned. Denver S. Dickerson
Denver S. Dickerson
Denver Sylvester Dickerson was an American politician. He was the 11th Governor of Nevada from 1908 to 1911. A member of the Silver – Democratic coalition party, he had previously held office as the 13th Lieutenant Governor of Nevada from 1907 to 1908...

, 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
St. Peter's Episcopal Church (Carson City, Nevada)
St. Peter's Episcopal Church is a large historic Carpenter Gothic Episcopal church building located at the corner of Division and Telegraph streets in Carson City, Nevada. Built in 1868, it is the oldest Episcopal church still in use in Nevada. On January 3, 1978, it was listed on the National...

, Carson City, Nevada made an unsuccessful appeal for commutation
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...

 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
Blank (cartridge)
A blank is a type of cartridge for a firearm that contains gunpowder but no bullet or shot. When fired, the blank makes a flash and an explosive sound . Blanks are often used for simulation , training, and for signaling...

, 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 before he was shot to death.

Aftermath

Doctor McLean declared that the death was instantaneous. An autopsy found the two soft-nosed
Soft point bullet
A soft-point bullet , also known as a soft-nosed bullet, is a lead expanding bullet with a copper or brass jacket that is left open at the tip, exposing some of the lead inside and is thus an example of a semi-jacketed round...

 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
Scrap is a term used to describe recyclable and other materials left over from every manner of product consumption, such as parts of vehicles, building supplies, and surplus materials. Unlike waste, scrap has significant monetary value...

 metal for a collection drive during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

. 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
Nevada State Museum, Carson City
The Nevada State Museum in Carson City is one of 6 Nevada State Museums operated by the Nevada Department of Cultural Affairs. The primary building of the Museum is the former Carson City Mint...

.

See also

  • Blood atonement
    Blood atonement
    In mormonism, blood atonement is a controversial doctrine that teaches that murder is so heinous that the atonement of Jesus does not apply. Thus, in order to atone for these sins, the perpetrators must have their blood shed upon the ground as a sacrificial offering...

  • Capital punishment in Nevada
  • Capital punishment in the United States
    Capital punishment in the United States
    Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...

  • Gee Jon
    Gee Jon
    Gee Jon 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 death for the murder of an elderly member from another gang in Nevada...

  • Miranda warning
    Miranda warning
    The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK