
A Sausage, Arsenic, and the Death Penalty: The Case of Furrer
The case of murderer Johann Heinrich Furrer triggered heated debate about the abolition of the death penalty in the 1860s.
The motive
I slept in the same room as my parents. They were always good to me and I loved them. However, they never gave me money for anything, not even on holidays. We didn’t even celebrate Christmas. I had enough to eat.
The public prosecutor’s office focused instead on financial motives as the reason for Furrer having decided to murder his affluent, but at the same time extremely thrifty (some thought miserly) parents: “He became negligent in Dürnten, he didn’t manage his business well, he wasn’t suited to running everything by himself.” He couldn’t even meet the first rental payment on his premises, which had been due in May 1864.
A clear case for the death penalty?
The cantonal parliamentary committee also made reference to Furrer’s character, which it saw as a “psychological puzzle”. It identified “a lack of emotion”, he had been “cold and calm” when confessing his crime. Even when faced with the death penalty, there was no “outward sign of emotion from the condemned”. The fact that he could be punished for his misdeed had “unfortunately not occurred [to me]. The thought of punishment”, said Furrer, “would have dissuaded me from the crime”. He felt sorry for himself and the situation he was in: “That’s my credit gone and everything else, and on top of that I’ve lost my parents!”
Either he is slow-witted like an animal or, if not, he is frightfully confused and of limited mental capacity, and his dark train of thought was looking for a solution in his hour of need, leading to a brutal and unnatural murder. Such a twisted mind deserves punishment but not death; punishment that he can learn from. What he needs most of all is life.
A landmark trial
The verdict: reprieve or execution?
By contrast, the committee's assertion that not only the Cantonal Parliament but also the general public had turned against capital punishment proved premature. Many people displayed zero understanding of why Furrer should be spared execution, and the papers were flooded with letters of protest from people arguing that the death penalty must be retained for as long as such vile acts as parricide were committed. A drunken citizen was even placed briefly in custody for shouting out in public: “You should have put a guillotine in front of the townhall to behead anyone who placed a white ball!”
However, that did not apply throughout Switzerland. Although the completely revised Federal Constitution of 1874 no longer stipulated the death penalty, the cantons regained the power to practise capital punishment just five years later following a popular vote – and it was reinstated in eleven cantons. A nationwide ban did not return until 1942, when the criminal code banned capital punishment in civil criminal law. The Confederation was one of the first nations in Europe to introduce the measure: for example, the United Kingdom didn’t abolish the death penalty until the 1970s, or France until the 1980s. Swiss military criminal law, on the other hand, retained the death penalty during times of war until 1992.


