The First State Execution Using Lethal Gas

Overview

The 1920s aimed to bring American society to the modern world amidst the political corruption, victimization of industrialization, and growth of the Socialist Party.¹ During this time, many social justice and humanitarian laws were produced, such as milk codes, child labor laws, public health laws, and workers’ compensation.² Amidst this was another very overlooked action: the changing of the death penalty.

The first state execution using lethal gas was at Nevada State Prison in Carson City, Nevada, where Gee Jon, a twenty-nine-year-old Chinese immigrant, was the first human to be given this penalty. The switch occurred because lethal gas was considered more humane than the usual execution style of a firing squad, hanging, and electrocution. If done correctly, people would inhale the gas and, within seconds, become unconscious and choke to death. However, it was almost always done incorrectly, and those would suffer for up to twenty minutes in excruciating pain.³

First, officials initially attempted to pump the gas directly into Gee Jon’s cell while he was asleep. However, it was unsuccessful, as the gas leaked out of his cell. In response, a makeshift gas chamber was set up outside of the prison, in the old butcher shop. The gas chamber was eleven feet long, ten feet wide, and eight feet high and killed at least one cat to test the effectiveness of the gas. When Gee Jon was put inside at 10:00 a.m., after eating a last meal of ham, eggs, toast, and coffee, the electric heater failed. The chamber should have been at 75 °F, the ideal temperature, but was instead at 52 °F due to the broken heater. This caused acid to form a toxic puddle on the ground.^{4 5}

One testimony states that after about five seconds, Gee Jon seemed to lose consciousness, and his head nodded up and down for six minutes. After about ten minutes, he was completely immobile.⁶ However, other sources claim he was in more apparent pain and was being berated by the prison officials. It cannot be precisely known what occurred as it was a closed event, and there are few records. The records that are there contradict each other.

Not everyone was in favor for this execution. Four guards who did not want to participate immediately resigned. Many others, some important officials, sent letters to Nevada State Prison pleading to halt the execution and change his sentence. They thought it was cruel and unusual punishment, and that Gee Jon did not deserve to die.

“From my observations of Gee Jon… I am of the opinion that he is in a mental collapse and in a state of mental irresponsibility amounting to insanity… I hope at this time that you… can see your way clear to commute the sentence of Gee Jon to life imprisonment.”

Nevada State Prison. Record Blank. 15.

During the execution, witnesses claim they thought they smelled almond blossoms, which is believed to be the odor of cyanide, leaking from the chamber. That caused Warden Dickerson, who was present at the time of the execution, to clear the area. After Gee Jon’s death, they opened a vent and put on a fan in the gas chamber to clear the air, and waited to open the door until the puddle on the floor evaporated. At 12:20 p.m., Gee Jons’ body was removed and taken to the prison hospital. Seven doctors pronounced him officially dead, but Warden Dickerson said an autopsy was not allowed because they were worried his body would release the toxic gas.⁷

Official records claim that there is no correlation between using an immigrant for the first gas execution. However, one can infer that it symbolizes progressiveness or shows the deep-rooted racism towards immigrants. First, there is symbolism in using an Asian immigrant for the most modern and humane execution style. It shows a step towards a more accepting country, especially since other countries used “outdated” options. For example, the United Kingdom and Japan primarily used hanging, and the Soviet Union and France used the guillotine. Nevertheless, it can also be viewed in a negative light.

It is no secret that Americans and the government disliked immigrants. The National Origins Act, passed in 1924, heavily excluded the amount of Asian immigrants in the United States.⁸ This act highlights the anti-Asian sentiment during the mid-nineteenth century, specifically on the West Coast and among the Chinese.⁹ Chinese immigrants were particularly discriminated against, which is reflected in a law passed in 1882 that stated the Chinese were a “vilified…debased, corrupting race.”¹⁰ Immigrants as a whole were seen as challenging to American culture and society.¹¹ Americans linked immigrants to the crisis of the cities, making immigration seem like a multifaceted threat to American society.¹²

People

Events and Timeline

America in the 1880s had a very negative view of Chinese immigrants, which marked the height of anti-Chinese sentiment. Like most immigrants, Chinese immigrants were more likely to work in cheap labor jobs. This “took away” job security for Americans, and were perceived as a threat. They were also discriminated against due to their cultural and religious differences.

The death penalty in America in the 1880s was much different than it is now. Hanging was the primary execution style; each state had its own laws regarding the death penalty and execution. Public executions were still common, and people started to advocate more for ending it.

• May 6, 1882: The Chinese Exclusion Act was passed.²¹

From 1900 to 1919, America still had a negative view of Chinese immigrants. Their racial stereotypes were strong in popular culture, which highlighted anti-Chinese sentiment.

The death penalty in American in the 1900-1919 had a shift in thinking. The electric chair was starting to replace hanging as it was considered more humane, execution rates had times of increased and decreased, and there was a stricter checklist to qualify for the death penalty.

• 1913: Nevada invents an “automated firing squad.” This is an execution method where three rifles are mounted on an iron frame, and all fire simultaneously. It is used one time in the execution of Andriza Mircovich.²²

In the 1920s, America regarding the death penalty showed a time of change. They now introduced lethal gas, but it was still not widespread. Execution rates decreased, and instead of the death penalty, there was greater advocacy for rehabilitation, reformative justice, and the right to live.

• March 17, 1921: Assembly Bill No. 104 was passed, which authorized the use of lethal gas in Nevada.
• August 28, 1921: Gee Jon murders Tom Quong Kee.
• February 8, 1924: Twenty-nine-year-old Gee Jon dies by lethal gas in Carson City, Nevada.
• May 26, 1924: The National Origins Act passed, which heavily limited the number of Asian immigrants into the United States.

From the 1940s to the 2000s, America experienced major changes regarding Chinese immigrants. During World War II, America and China were allies against Japan, leading to a better portrayal of Chinese people and immigrants in America. An increase in Chinese immigrants in America in 1965 made them more visible, and there was significant political and social reform advocating for their rights.

From the 1940s to the 2000s America, the death penalty had a significant change. Hanging and electric chair were the most common, yet towards the 2000s, lethal injection was the most favored, the legal procedures and reasons why a person is given the death penalty is stricter than ever, there was an increase in abolishing the death penalty, and the execution rates still fluctuated.

• December 17, 1943: The Chinese Exclusion Act is repealed.
• 1955: Eleven U.S. states adopted lethal gas as their primary method of execution.²³
• May 4, 1990: Donald Harding, also known as Jesse Tafero, was executed by lethal gas in Florida. He was convicted of murder in 1976.
• 1996: A federal appeals court says that California’s statute authorizing lethal gas violated the U.S. Constitution’s Eighth Amendment prohibition against cruel and unusual punishments. The primary execution style was replaced by lethal injection.²⁴
• The early 2000s: In California and Missouri, there is a right to choose between lethal gas or injection.

In America in the 2020s, anti-Chinese sentiment grew due to the COVID-19 pandemic. While things are better than they were a hundred years ago, Chinese immigrants and Chinese-Americans are still treated unjustly and unfairly.

In America in the 2020s, a hundred years later after the first lethal gas execution, lethal injection is the primary style as it is the most painless, and more and more people want to end the death penalty.

• January 25, 2024: Kenneth Smith is given the lethal gas execution in Alabama. It is likely to constitute torture, which violates international human rights treaties ratified by the U.S.

Significance

While browsing lesser-known events of the 1920s, this immediately piqued my interest. I had never given the death penalty’s history much thought, so it stood out to me. As I started researching more and more, I realized there was more to this topic than it seemed. The death penalty has been around since humans began walking and has since been a widely debated topic for centuries, with the controversy still ongoing. It is just a prevalent topic now, as it was a hundred years ago when Gee Jon was executed. It also ties into Chinese immigration, which also spans human history. Studying the historiography of the death penalty, not just in the United States, is very interesting, just as the history of immigration. As I was researching, it was fascinating to see the change in the death penalty and Chinese immigration within the United States and compare to how it is now. Presently, the death penalty is still a highly controversial topic that causes quite a stir, which shows the increasing fight for human rights. Chinese immigration and the way Americans view the Chinese and Chinese Americans is a shaky relationship, too. Due to racism and xenophobia, Chinese immigrants and citizens are still heavily discriminated against in the United States. A prime example is the COVID-19 pandemic when anti-Chinese sentiment peaked in the early 2020s. This topic both shows the history of the death penalty and Chinese immigration, where in the present-day conversation, it is vital to stay knowledgeable in the history of it and how it is viewed in the American past.

While lethal gas execution may still whisper within the United States, this torturous method remains largely unused. Nevada State Prison, the infamous starter to the deadly gas execution, executed thirty-two men with this method from 1924-1979. Since then, it has stopped, yet the state’s execution chamber that killed Gee Jon a hundred years ago still remains.²⁵

More Resources

Newspapers.com

“Past to Present: 100 Years Since the United States’ First Lethal Gas Execution, a Recently Renowed Practice.” Death Penalty Information Center. https://deathpenaltyinfo.org/news/past-to-present-100-years-since-the-united-states-first-lethal-gas-execution-a-recently-renewed-practice.

Bibliography

Bye, Raymond T. “Recent History and Present Status of Capital Punishment in the United States.” Journal of the American Institute of Criminal Law and Criminology 17, no. 2 (1926): 234–45. https://doi.org/10.2307/1134506.

Chan, Loren (1975). “Example for the Nation: Nevada’s Execution of Gee Jon”. Nevada Historical Society Quarterly.

“Chinese Killer Must Die Today.” Nevada State Journal. February 8, 2024. https://www.newspapers.com/article/nevada-state-journal/144232683/.

“Death Penalty Information Center.” Death Penalty Information Center, December 1, 2023. https://deathpenaltyinfo.org/.

Denno, Deborah W.. “gas chamber”. Encyclopedia Britannica, 20 Oct. 2023, https://www.britannica.com/topic/gas-chamber.

Gerber, Rudolph Joseph; Johnson, John M. (2007). The Top Ten Death Penalty Myths: The Politics of Crime Control. Greenwood Publishing Group.

“History of the Death Penalty.” Death Penalty Information Center. https://deathpenaltyinfo.org/state-and-federal-info/state-by-state/nevada.

Lynn Dumenil, The Modern Temper (Hill and Wang).

Nevada State Prison. Record Blank.

Reid, John Bevis; James, Ronald Michael (2004). Uncovering Nevada’s Past: A Primary Source History of the Silver State. The University of Nevada Press.

“Waiting on Nevada’s Death Row… 55 years ago.” Nevada State Journal. September 23, 1979. https://www.newspapers.com/article/nevada-state-journal/144232683/.

Wikipedia contributors, “Gee Jon,” Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Gee_Jon&oldid=1213442489.

Featured Image: Nevada State Prison. Gee Jon Mug Shot. Photograph.

Citations

1. Lynn Dumenil, The Modern Temper (Hill and Wang). 17. ↩︎
2. Modern Temper. 18. ↩︎
3. Reid, John Bevis; James, Ronald Michael (2004). Uncovering Nevada’s Past: A Primary Source History of the Silver State. University of Nevada Press. ↩︎
4. Chan, Loren (1976). Example for the Nation: Nevada’s Execution of Gee Jon. Chinese Historical Society of America. ↩︎
5. “Descriptions of Execution Methods: Gas Chamber”. Death Penalty Information Center. 2010. ↩︎
6. Reid. ↩︎
7. Christianson, Scott (2010). Fatal Airs: The Deadly History and Apocalyptic Future of Lethal Gases That Threaten Our World. ABC-CLIO. pp. 49–51. ↩︎
8. Dumenil. 207. ↩︎
9. Dumenil. 208. ↩︎
10. Dumenil. 208. ↩︎
11. Dumenil. 204. ↩︎
12. Dumenil. 205. ↩︎
13. Reid, 108. ↩︎
14. Chan, 90-106 ↩︎
15. Wikipedia contributors, “Gee Jon,” Wikipedia, The Free Encyclopedia, https://en.wikipedia.org/w/index.php?title=Gee_Jon&oldid=1213442489. ↩︎
16. Chan, 90–106. ↩︎
17. Gerber, Rudolph Joseph; Johnson, John M. (2007). The Top Ten Death Penalty Myths: The Politics of Crime Control. Greenwood Publishing Group. pp. 9–10. ↩︎
18. Reid, 108. ↩︎
19. “Waiting on Nevada’s Death Row… 55 years ago.” Nevada State Journal. September 23, 1979. https://www.newspapers.com/article/nevada-state-journal/144232683/. ↩︎
20. Nevada State Prison. Record Blank. ↩︎
21. Dumenil. 207. ↩︎
22. “Death Penalty Information Center.” Death Penalty Information Center, December 1, 2023. https://deathpenaltyinfo.org/. ↩︎
23. Denno, D. W.. “gas chamber.” Encyclopedia Britannica, October 20, 2023. https://www.britannica.com/topic/gas-chamber. ↩︎
24. Denno,”gas chamber.” ↩︎
25. “History of the Death Penalty.” Death Penalty Information Center. https://deathpenaltyinfo.org/state-and-federal-info/state-by-state/nevada. ↩︎