On This Day in 1959; Elmer Brunner, the last execution in West Virginia.

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West Virginia has never been known as a hard-line death penalty State, abolishing capital punishment in 1965. After 1899 there were 104 hangings and, with a change in method, nine electrocutions. Elmer Brunner’s, on April 3, 1959 was the last.

Brunner wasn’t a notable murderer in himself. His crime, murdering homeowner  Ruby Miller, was and remains all-too-typical. Miller had disturbed him while he was burgling her home in Huntington on on May 27, 1957. According to Brunner’s version, she’d disturbed him with a shotgun. Beating her to death with a claw hammer, he said, was an act of self-defence.

Not surprisingly, neither judge or jury bought that defence, especially not from an ex-convict. Arrested on the same day,  Brunner’s trial began in the week of June 28, 1957. Before a packed courtroom he was convicted with no recommendation for mercy. His execution date was set for August 2, only a month after his conviction. He was shipped to the dreaded West Virginia State Penitentiary at Moundsville, home of Old Sparky.

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Moundsville possessed a reputation as bad as any penitentiary in American history. Assaults on inmates and staff alike were an almost daily occurrence. Rapes and murder were also occupational hazards for anyone unfortunate enough to live or work there. Disease was rampant, even a tuberculosis epidemic swept the prison at one time and the food was appalling.

Granted, Brunner would be kept in a single cell away from the violence, deprivation and brutality, but he would have traded his more comfortable single cell for life in general population. All he had to distract him was fighting appeals, trying to forestall his ever-encroaching appointment with Moundsville’s most lethal inmate;

Old Sparky.

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The electric chair had replaced West Virginia’s gallows in 1951. Built by inmate Paul Glenn, Old Sparky’s tenure was both brief and limited. Where West Virginia’s chair claimed only nine inmates in its 14-year career compared to its New York namesake, Sing Sing’s once claimed seven inmates in a single day (August 7, 1912). Other States electrocuted more than West Virginia’s total in a single month. Brunner’s position that point was certainly precarious. but it could have been worse.

It probably did little to reassure Brunner that only two inmates walked their last mile during his tenure. Eugene Linger, well, didn’t. The murderer walked to the chair on June 5, 1958. Another murderer, Larry Fudge, saw his time and appeals run out on July 1, 1958. Fudge, the 8th in West Virginia to ride the lightning, walked calmly from his cell, sat in the chair and died. Next and, though nobody knew it, last to do so would be Elmer Brunner. But not for a while.

Brunner fought against his sentence for two years, taking his case as far as the US Supreme Court. He won a stay or two, but never a commutation. All he managed was to delay the inevitable. By his final date on April 3, 1959, his time and appeals ran out. State Governor Cecil Underwood, whose tenure also included the executions of Linger and Fudge, wasn’t offering anything, either. Warden Donivon Adams had already overseen the executions of Linger and Fudge, now he prepared to execute Elmer Brunner. Brunner’s time had simply run out.

Brunner’s final stay, a brief one, came from Underwood. Originally slated to die on March 27, Underwood postponed the execution until March 3 because of the Easter weekend. Had he taken his final walk on March 27, Brunner wouldn’t have been having a Good Friday. As it was, fryday was postponed only briefly.

When the time came Brunner was stoic, as calm as anyone could be expected to be in the face of his impending death. He’d eaten his last meal, the witnesses had been assembled and Old Sparky thoroughly tested. Three prison employees waited to push three buttons, only one of which would send 2,000 volts searing through Elmer Brunner.

At the appointed time Warden Adams gave the signal. All three buttons were pushed simultaneously, the current surged and Brunner died. Old Sparky had delivered his last jolt.

West Virginia, facing increasing public opposition, abolished its death penalty in 1965. No longer would inmates dread the crash of the gallows trapdoor or the hum of flowing electricity. Despite occasional efforts to restore it, West Virginia hasn’t executed anyone since.

The State Penitentiary is now a museum and training facility. Once the State’s only maximum-security prison, its terrible reputation eventually forced its closure in 1995. It became both a training facility for prison officers and a tourist attraction. Old Sparky, seldom used then and in retirement today, remains one of its most popular exhibits.

 

 

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