Tony Chebatoris
Encyclopedia
Anthony Chebatoris was the only person executed for a capital crime in Michigan
since it became a state in 1837. He was tried and executed by the federal authorities. Michigan abolished the death penalty over ninety years before his execution.
Chebatoris's first conviction for a crime was in 1918 for armed robbery in Detroit, and in 1927 he was arrested for violating the Dyer Act in Louisville, Kentucky
. In 1928, he went to prison at Marquette
for armed robbery.
. On September 29, Gracey entered the bank first with a sawed-off shotgun under his coat; Chebatoris followed. Gracey approached bank president Clarence Macomber and shoved the shot gun into his ribs. Macomber and Gracey grappled with the weapon. Chebatoris aimed his revolver at Macomber, wounding him in the shoulder. Paul Bywater, the head teller, came to the front counter to see what the commotion was about. Chebatoris took aim and fired at Bywater, shooting him in the stomach. Chebatoris and Gracy fled the bank in their black two-door Ford. Meanwhile, when Dr. Frank Hardy, a dentist on the second floor of the bank building, heard the gunshots, he used a deer rifle to fire at the getaway car as it sped towards the Benson Street Bridge. One of Hardy's shots hit the driver and the car careened into a parked car along the road,. Chebatoris and Gracey got out of the car and started looking for the shots firing at them. Mistaking Henry Porter, a truck driver from Bay City
, as a police officer, Chebatoris shot and seriously wounded him. When Gracy tried to commandeer a truck, Hardy shot him in the head, killing him instantly. Then Chebatoris ran along some railroad tracks and tried to get away by stealing a car, occupied by Levi Myer, but was stopped by the Sheriff, Ira Smith.
Since capital punishment in Michigan was abolished in 1846, Governor Frank Murphy
tried to get Chebatoris's sentence commuted to life imprisonment or move the execution to another state, arguing Michigan had no capital punishment. However, a loophole in the law stated that the crime of treason
was punishable by execution. After Murphy appealed all the way to President Franklin D. Roosevelt
, and Judge Tuttle refused to change the location of the execution, Anthony Chebatoris was hanged at Milan Federal Prison
at dawn on July 8, 1938. In 1963, the Michigan voters approved a new state constitution (effective 01-01-1964) that abolished capital punishment for treason and all other crimes (Art. 4, Sec. 46).
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
since it became a state in 1837. He was tried and executed by the federal authorities. Michigan abolished the death penalty over ninety years before his execution.
Chebatoris's first conviction for a crime was in 1918 for armed robbery in Detroit, and in 1927 he was arrested for violating the Dyer Act in Louisville, Kentucky
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...
. In 1928, he went to prison at Marquette
Marquette, Michigan
Marquette is a city in the U.S. state of Michigan and the county seat of Marquette County. The population was 21,355 at the 2010 census, making it the most populated city of the Upper Peninsula. Marquette is a major port on Lake Superior, primarily for shipping iron ore and is the home of Northern...
for armed robbery.
Murder
In 1937, Chebatoris and fellow prison inmate, Jack Gracy, planned to rob the Chemical State Savings Bank in downtown Midland, MichiganMidland, Michigan
Midland is a city in the U.S. state of Michigan in the Tri-Cities region of the state. It is the county seat of Midland County. The city's population was 41,863 as of the 2010 census. It is the principal city of the Midland Micropolitan Statistical Area....
. On September 29, Gracey entered the bank first with a sawed-off shotgun under his coat; Chebatoris followed. Gracey approached bank president Clarence Macomber and shoved the shot gun into his ribs. Macomber and Gracey grappled with the weapon. Chebatoris aimed his revolver at Macomber, wounding him in the shoulder. Paul Bywater, the head teller, came to the front counter to see what the commotion was about. Chebatoris took aim and fired at Bywater, shooting him in the stomach. Chebatoris and Gracy fled the bank in their black two-door Ford. Meanwhile, when Dr. Frank Hardy, a dentist on the second floor of the bank building, heard the gunshots, he used a deer rifle to fire at the getaway car as it sped towards the Benson Street Bridge. One of Hardy's shots hit the driver and the car careened into a parked car along the road,. Chebatoris and Gracey got out of the car and started looking for the shots firing at them. Mistaking Henry Porter, a truck driver from Bay City
Bay City
-Places:Australia* Westfield Bay City, a shopping centre in Geelong, VictoriaPhilippines* Bay City , the reclamation area of Metro Manila in the PhilippinesUnited States* Bay City, Pope County, Illinois* Bay City, Michigan...
, as a police officer, Chebatoris shot and seriously wounded him. When Gracy tried to commandeer a truck, Hardy shot him in the head, killing him instantly. Then Chebatoris ran along some railroad tracks and tried to get away by stealing a car, occupied by Levi Myer, but was stopped by the Sheriff, Ira Smith.
Trial and execution
Chebatoris was charged with attempted bank robbery, and then murder when Henry Porter died 12 days later from his gunshot wound. His trial was held at Federal Court in Bay City, Judge Arthur C. Tuttle presiding. Chebatoris was found guilty of murder on October 29, 1937, and sentenced to death under the National Bank Robbery Act of 1934.Since capital punishment in Michigan was abolished in 1846, Governor Frank Murphy
Frank Murphy
William Francis Murphy was a politician and jurist from Michigan. He served as First Assistant U.S. District Attorney, Eastern Michigan District , Recorder's Court Judge, Detroit . Mayor of Detroit , the last Governor-General of the Philippines , U.S...
tried to get Chebatoris's sentence commuted to life imprisonment or move the execution to another state, arguing Michigan had no capital punishment. However, a loophole in the law stated that the crime of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
was punishable by execution. After Murphy appealed all the way to President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
, and Judge Tuttle refused to change the location of the execution, Anthony Chebatoris was hanged at Milan Federal Prison
Federal Correctional Institution, Milan
The Federal Correctional Institution, Milan is a U.S. federal prison in York Charter Township, Michigan, near Milan.This prison is a low-security facility for male inmates. Its adjacent Federal Detention Center houses pretrial and holdover inmates...
at dawn on July 8, 1938. In 1963, the Michigan voters approved a new state constitution (effective 01-01-1964) that abolished capital punishment for treason and all other crimes (Art. 4, Sec. 46).