Barton Kay Kirkham
Encyclopedia
Barton Kay Kirkham was a deserter
of the United States Air Force
who was discharged in 1955 after committing a robbery
in Colorado
. In 1956, he was sentenced to death after the murder
of two grocery store clerks during an armed robbery
in Salt Lake City, Utah
.
Kirkham chose to die by hanging
to generate publicity and become an inconvenience to the state of Utah
. Though an attempt was made to appeal his conviction by questioning his sanity, prison officials noted that Kirkham's defiant attitude remained remorseless until shortly before his execution. His hanging at Utah State Prison
in 1958 was the first to be carried out by the state in 46 years. Kirkham is the last prisoner to be hanged by the state of Utah.
family in Salt Lake City. He was a fan of bop
music and described himself as "a rebel." Kirkham left his family's church life and school in the 11th grade and joined the United States Air Force
. After 18 months, he committed a robbery
while absent without leave in Colorado
, and was given an undesirable discharge from the force. Kirkham spent the next 9 months in a reformatory
and was parole
d in July 1956.
. Kirkham had them kneel on the floor and shot them in the head. He netted $54 from the robbery.
Kirkham was apprehended the next morning after he forced a brother and sister to take him on a joyride
through Provo Canyon
. When later asked about his motive for killing Frame and Webster, he said, "Man, I don't know..."
. He was never tried for the murder of Webster. Kirkham was remand
ed to Utah State Prison
on January 11, 1957 as the sentencing phase of the trial proceeded. Kirkham's attorneys immediately filed an appeal with the Utah Supreme Court
. The appeal claimed that their client's mental state was not properly taken into account. On March 25, 1958, the court upheld Kirkham's conviction and denied his request for a rehearing, sending his case back for sentencing. Kirkham said he was certain he would be executed and resented his attorneys' "trying to prolong the waiting and stalling around."
On April 26, 1958, Judge Larson sentenced Kirkham to death. When asked to select between the option of execution by firing squad
and hanging
, he responded: "What costs most?" Kirkham said he chose to be hanged "because of the publicity... the novelty... to put the state to more inconvenience." It would be the first hanging in Utah
since 1912. Kirkham said that he hoped "to set some sort of record."
at Utah State Prison
, Kirkham followed newspaper articles and legal briefs of his case and read psychiatric texts and medical journals. Warden Marcell Graham described him as a good prisoner who caused little trouble. Kirkham grew out his hair and beard for 13 months until ordered to get a haircut. He then shaved himself bald to annoy the prison officials. Kirkham maintained a hardened image and reportedly laughed off concepts of mercy or religious salvation
. He claimed to have no regret over the killings.
On June 4, 1958, Kirkham appeared before the state pardon
s board for a final hearing for clemency. His attorneys had planned to demonstrate that he was insane with the help of psychiatrists. Kirkham initially told the board that he was a loner and felt "no remorse or anything like that." In the final minutes of the hearing, he broke out into an appeal that he would prefer involuntary commitment
in a mental institution over capital punishment. The board declined to commute his sentence
.
and Roman Catholic chaplains. His mother was near collapse. Kirkham watched a movie with his parents and said farewell shortly before midnight. Kirkham ordered a last meal
of pizza
and ice cream
, telling the prison steward that "you get cheese, meat and everything in one meal. Not so much fuss." In the auditorium of Utah State Prison, Kirkham ate his pizza and played classical music on a piano in the company of the chaplains, news reporters and deputy sheriffs. He joked about his impending execution and commented on his keyboard skills: "I'll just have to practice more."
At dawn on June 7, 1958, Kirkham was driven two miles to a pasture on the prison's farm. After a black hood was placed over his head, Kirkham was led up a ramp to a newly-built gallows
. His drop
had been measured at 6 feet to accommodate his reported weight of 200 pounds. A professional hangman
from the Northwest
was paid $400 for his services. Kirkham trembled slightly as the hangman fitted a noose
around his neck and placed the knot
under his left ear. As directed by state law, Sheriff George Beckstead walked up to Kirkham to receive his last words
. At 4:57 a.m. Mountain Standard Time, the official time of dawn
, Beckstead signaled the hangman to pull an iron lever, opening the trap door under Kirkham. The Kirkham family did not come to witness the execution. Prison physician W. C. Knott climbed on a stepladder to examine Kirkham's hanging body, which was concealed from view by burlap and canvas hung under the 11-foot-high platform. He was pronounced dead at 5:11 a.m. in the last hanging to be conducted by the state of Utah. No subsequent inmate had been executed by the state in this manner by February 1980, when the Utah State Legislature
replaced the option of hanging with lethal injection
.
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
of the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
who was discharged in 1955 after committing a robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. In 1956, he was sentenced to death after the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of two grocery store clerks during an armed robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
in Salt Lake City, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
.
Kirkham chose to die by 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...
to generate publicity and become an inconvenience to the state of Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
. Though an attempt was made to appeal his conviction by questioning his sanity, prison officials noted that Kirkham's defiant attitude remained remorseless until shortly before his execution. His hanging at Utah State Prison
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...
in 1958 was the first to be carried out by the state in 46 years. Kirkham is the last prisoner to be hanged by the state of Utah.
Background
Barton Kay Kirkham was the eldest of five children raised by a MormonMormon
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...
family in Salt Lake City. He was a fan of bop
Bebop
Bebop differed drastically from the straightforward compositions of the swing era, and was instead characterized by fast tempos, asymmetrical phrasing, intricate melodies, and rhythm sections that expanded on their role as tempo-keepers...
music and described himself as "a rebel." Kirkham left his family's church life and school in the 11th grade and joined the United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
. After 18 months, he committed a robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
while absent without leave in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, and was given an undesirable discharge from the force. Kirkham spent the next 9 months in a reformatory
Reformatory
Reformatory is a term that has had varied meanings within the penal system, depending on the jurisdiction and the era. It may refer to a youth detention center, or an adult correctional facility. The term is still in popular use for adult facilities throughout the United States, although most...
and was parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
d in July 1956.
Murders
On the night of August 12, 1956, Kirkham entered the Nibley Park Market grocery store in Salt Lake City to rob it. When he thought 50-year-old storekeeper David Avon Frame was not giving him all of the money that he had, Kirkham took Frame to the back of the store. There he found 37-year-old Ruth Holmes Webster, mother of four children in Sandy, UtahSandy, Utah
Sandy is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City. The population was 87,461 at the 2010 census, making it the sixth-largest city in Utah....
. Kirkham had them kneel on the floor and shot them in the head. He netted $54 from the robbery.
Kirkham was apprehended the next morning after he forced a brother and sister to take him on a joyride
Joyride (crime)
To joyride is to drive around in a stolen car, boat, or other vehicle with no particular goal, a ride taken solely for pleasure.In English law, joyriding is not considered to be theft, because the intention to "permanently deprive" the owner of the vehicle cannot be proven...
through Provo Canyon
Provo Canyon
Provo Canyon is a canyon located in unincorporated Utah County, Utah, USA and Wasatch County, Utah. Provo Canyon splits between Mount Timpanogos on the north and Mount Cascade on the south. The canyon extends from Orem on the west end to Heber City on the east. The canyon's main thoroughfare is...
. When later asked about his motive for killing Frame and Webster, he said, "Man, I don't know..."
Trial and sentencing
The first-degree murder trial commenced on December 12, 1956 with Judge Martin M. Larson presiding over the case. Kirkham was defended by attorneys Lamar C. Duncan and Wayne L. Black. On December 14, Kirkham was found guilty of murdering Frame and faced a mandatory death penaltyCapital 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...
. He was never tried for the murder of Webster. Kirkham was remand
Remand
The term remand may be used to describe an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for action....
ed to Utah State Prison
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...
on January 11, 1957 as the sentencing phase of the trial proceeded. Kirkham's attorneys immediately filed an appeal with the Utah Supreme Court
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
. The appeal claimed that their client's mental state was not properly taken into account. On March 25, 1958, the court upheld Kirkham's conviction and denied his request for a rehearing, sending his case back for sentencing. Kirkham said he was certain he would be executed and resented his attorneys' "trying to prolong the waiting and stalling around."
On April 26, 1958, Judge Larson sentenced Kirkham to death. When asked to select between the option of execution by 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...
and 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...
, he responded: "What costs most?" Kirkham said he chose to be hanged "because of the publicity... the novelty... to put the state to more inconvenience." It would be the first hanging in Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
since 1912. Kirkham said that he hoped "to set some sort of record."
Incarceration
While on death rowDeath row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
at Utah State Prison
Utah State Prison
Utah State Prison, or USP, is one of two prisons managed by the Utah Department of Corrections' Division of Institutional Operations. It is located in Draper, Utah, United States, about 20 miles southwest of Salt Lake City.-History:...
, Kirkham followed newspaper articles and legal briefs of his case and read psychiatric texts and medical journals. Warden Marcell Graham described him as a good prisoner who caused little trouble. Kirkham grew out his hair and beard for 13 months until ordered to get a haircut. He then shaved himself bald to annoy the prison officials. Kirkham maintained a hardened image and reportedly laughed off concepts of mercy or religious salvation
Salvation
Within religion salvation is the phenomenon of being saved from the undesirable condition of bondage or suffering experienced by the psyche or soul that has arisen as a result of unskillful or immoral actions generically referred to as sins. Salvation may also be called "deliverance" or...
. He claimed to have no regret over the killings.
On June 4, 1958, Kirkham appeared before the state pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s board for a final hearing for clemency. His attorneys had planned to demonstrate that he was insane with the help of psychiatrists. Kirkham initially told the board that he was a loner and felt "no remorse or anything like that." In the final minutes of the hearing, he broke out into an appeal that he would prefer involuntary commitment
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
in a mental institution over capital punishment. The board declined to commute his sentence
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...
.
Execution
Kirkham was visited by his parents during the night before his hanging. Prison guards noted that he changed his demeanor as he received his parents warmly and was seen by MormonMormon
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...
and Roman Catholic chaplains. His mother was near collapse. Kirkham watched a movie with his parents and said farewell shortly before midnight. Kirkham ordered a last meal
Last meal
The last meal is a customary part of a condemned prisoner's last day. Often, the day of, or before, the appointed time of execution, the prisoner receives a last meal, as well as religious rites, if they desire. In the United States, inmates generally may not ask for an alcoholic drink...
of pizza
Pizza
Pizza is an oven-baked, flat, disc-shaped bread typically topped with a tomato sauce, cheese and various toppings.Originating in Italy, from the Neapolitan cuisine, the dish has become popular in many parts of the world. An establishment that makes and sells pizzas is called a "pizzeria"...
and ice cream
Ice cream
Ice cream is a frozen dessert usually made from dairy products, such as milk and cream, and often combined with fruits or other ingredients and flavours. Most varieties contain sugar, although some are made with other sweeteners...
, telling the prison steward that "you get cheese, meat and everything in one meal. Not so much fuss." In the auditorium of Utah State Prison, Kirkham ate his pizza and played classical music on a piano in the company of the chaplains, news reporters and deputy sheriffs. He joked about his impending execution and commented on his keyboard skills: "I'll just have to practice more."
At dawn on June 7, 1958, Kirkham was driven two miles to a pasture on the prison's farm. After a black hood was placed over his head, Kirkham was led up a ramp to a newly-built gallows
Gallows
A gallows is a frame, typically wooden, used for execution by hanging, or by means to torture before execution, as was used when being hanged, drawn and quartered...
. His drop
Official Table of Drops
The Official Table of Drops, published by the British Home Office, is a manual which was used to calculate the appropriate length of rope for long drop hangings....
had been measured at 6 feet to accommodate his reported weight of 200 pounds. A professional hangman
Executioner
A judicial executioner is a person who carries out a death sentence ordered by the state or other legal authority, which was known in feudal terminology as high justice.-Scope and job:...
from the Northwest
Northwestern United States
The Northwestern United States comprise the northwestern states up to the western Great Plains regions of the United States, and consistently include the states of Oregon, Washington, Idaho, Montana, Wyoming, to which part of southeast Alaska is also sometimes included...
was paid $400 for his services. Kirkham trembled slightly as the hangman fitted a noose
Noose
A noose is a loop at the end of a rope in which the knot slides to make the loop collapsible. Knots used for making nooses include the running bowline, the tarbuck knot, and the slip knot.-Use in hanging:...
around his neck and placed the knot
Hangman's knot
The hangman's knot or hangman's noose is a well-known knot most often associated with its use in hanging. For a hanging, the knot of the rope is typically placed under or just behind the left ear. When the condemned drops to the end of the rope, the force is supposed to break the neck...
under his left ear. As directed by state law, Sheriff George Beckstead walked up to Kirkham to receive his last words
Final statement
When a criminal is convicted and sentenced to capital punishment, the criminal can make a final statement, or his "last words", before being executed. Much of the time, the last word is an apology to family, friends, or God. Sometimes though, a final statement includes words of hatred, disgust, or...
. At 4:57 a.m. Mountain Standard Time, the official time of dawn
Dawn
Dawn is the time that marks the beginning of the twilight before sunrise. It is recognized by the presence of weak sunlight, while the sun itself is still below the horizon...
, Beckstead signaled the hangman to pull an iron lever, opening the trap door under Kirkham. The Kirkham family did not come to witness the execution. Prison physician W. C. Knott climbed on a stepladder to examine Kirkham's hanging body, which was concealed from view by burlap and canvas hung under the 11-foot-high platform. He was pronounced dead at 5:11 a.m. in the last hanging to be conducted by the state of Utah. No subsequent inmate had been executed by the state in this manner by February 1980, when the Utah State Legislature
Utah State Legislature
The Utah State Legislature is the state legislature of the U.S. state of Utah. It is a bicameral body, comprising the Utah House of Representatives, with 75 Representatives, and the Utah Senate, with 29 State Senators...
replaced the option of hanging with lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
.
See also
- Capital punishment in Utah
- Capital punishment in the United StatesCapital punishment in the United StatesCapital 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...
- Religion and capital punishmentReligion and capital punishmentMost major world religions take an ambiguous position on the morality of capital punishment. Religions are often based on a body of teachings and the standards of present-day Western civilization, and the Old Testament, as well as the Qur'an, contains many cases of criminals being executed...
- Angels with Dirty FacesAngels with Dirty FacesAngels with Dirty Faces is a 1938 American gangster film directed by Michael Curtiz and starring James Cagney, Pat O'Brien, the Dead End Kids and Humphrey Bogart, along with Ann Sheridan and George Bancroft...
External links
- State of Utah vs. Barton Kay Kirkham – Utah Supreme CourtUtah Supreme CourtThe Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
(January 6, 1958)