there was smoke and sparks and willie francis had minor burns but they took him back to his cell. that became a settlement in the supreme court case. it was a double jeopardy to put a man in the electric chair again. the court eventually decided it was only accidental that you could put willie francis in the chair again. just as franklin voted for that execution because he fell constitutionally mandated to do it. he was so disturbed he went behind his fellow justices backs quite literally and powerful in the louisiana state bar and urged them to do whatever he could to stop what would be a travesty. the attorney did attempt to stop the execution. he could not. willie francis died a year later in the same -- the same hearse waiting for him a year before took his body away. >> guest: the justices were split 5-4. often even those who vote in favor of elect -- the death penalty have great misgivings with the wisdom of going to the death penalty and throughout its history the united states supreme court from the 60s on that we have found justices would vote to uphold a death sentence e

you could put willie francis in the chair again. but justice frankfurter who voted for the education -- execution because he felt mandate to do, he went behind his fellow justices backs, quite literally, and refined in louisiana, very powerful in the louisiana state bar and urged him to do everything he could to stop what he thought would be a travesty. the attorney did attempt to stop the execution. he could not. willie francis died a year later and the same hearse that had been waiting for him a year before took his body away. >> guest: one of the things we fight over and over again, that justice will split 5-4 on capital punishment, often even those who vote in favor of execution have greatness giving spirit not about the law but about the wisdom of going through with the death penalty. throughout its history and the united states supreme court from the 1960s on, we've found justices will vote to support, uphold the death penalty even though they personally felt it was wrong. they felt and a democracy this is a decision that the

there was smoke and sparks, and willie francis had minor burns, but they took him back to his cell. that became a celebrated supreme court case. it wasn't double jeopardy to put the man in the electric chair again. the court eventually decided it was only accidental, that you could put willie francis in the chair again. but justice frankfurt beer who voted for that execution because he felt constitutionally mandated to do it was so disturbed, he went behind his fellow justices' backs, quite literally, to a friend in louisiana, very powerful in the louisiana state bar, and urged him to do everything he could to stop what he felt would be a travesty. the attorney, nicholas -- [inaudible] did attempt to stop the execution. he could not, and francis died a year later, and the same hearse that had been waiting for him a year before took his body away. >> guest: one of the things we find over and over again, the justices will split 5-4 over capital punishment, whether this person should be executed. often even those who vote in favor of the execution have great misgivings not about the la

they decided it was just accidental, that you could put willie francis in the chair again. justice frankfurter who voted for the execution felt constitutional mandate to do it was so disturbed, he went behind the fellow justices' backs, literally, and to a friend in louisiana, very powerful in louisiana state bar, and urged them to do everything he could to stop what he thought would be a travesty. the attorney did attempt to stop the execution, could not, and they waited a year before, took the body away. >> guest: what we find over and over and over is that justices split 5-4 op capital punishment whether this person should be executed, and often, those voting in favor of execution had great misgivings, not about the law, but about the wisdom of going through with the death penalty, and throughout its history and in the united states supreme court from the 1960s on that we found, justices would vote to uphold the death sentence even though they felt it was wrong. they felt the democracy, this is the decision that the people must make, and state legislature must make, and

they then moved the chair inside, hooked up a generator from the truck, and sat willie francis, who hadshot a pharmacist in a robbery, sat him down to electrocute him, and the machinery didn't work. smoke, flames, sparks, but willie wasn't really hurt. they finally unhooked the chair -- >> he wasn't hurt? >> wasn't hurt in any major way, a few minor burns. they sent him back to his cell. this became a major supreme court case. would it be cruel and unusual punishment to sit him on the chair again? the court ruled that it wasn't. but felix frankfurter, who had voted for the execution because he felt he had no choice constitutionally, behind the backs of his fellow justices, went to a friend in the louisiana bar and said, "fight this locally. this would be an embarrassment if it happened and i'd feel really ashamed if it happened." >> it says something, also, about the court, how sometimes theyill te one wayhen their personal feelings go another way. sometimes supreme court justices, more than anybody else in public life, have to hold their nose when they do their job. they have to be fai

francis. you know that because you tweet me all the time, and it's really fun. gerri willis is next., everyone. ♪ w w w w w w w w w w w w w w . we do not. i'm angry. leavitt that. ♪ john: who cares? a slightly different code means you have been struck. 13,000. john: government mess. >> obamacare is working. >> this is a simple, strong, good thing. john: and then there is free-market. >> my cell phone, my e-mail address. >> the long-term players in the medical business need to be pushed to a new way of looking at things. john: well will be the new way? government? free-market? and what happens when the conflict? >> thereof the criminal. >> are you still there? john: i hope so. any hint to treat my dog. will that be legal? free-market medicine. that is our show tonight.

francis. you know that because you tweet me all the time, and it's really fun. gerri willis is next.. ♪ gerri: hello, everybody, i'm gerri willis. tonight, on "the willis report," another government program gone bust. bailedded out homeowners redefaulting at an alarming rate. also, your under electronic assault. how do you organize your life in the digital age? the ceo of evernote is here to show us. it's almost barbecue season. we go to the road fo the best advice on the hottest grills. we're on the case tonight on "the willis report."

melissa francis on "markets now" at 1 p.m., and i'm joining imus next week as wel cabbie friday. thanks to both of you. ♪ gerri: hello, i'm gerri willistonight on "the willis report", uncle sam's a sticky fingers tapping into your retirement savings. wh your ira and 4o1 ks the target. also, the new facebook phone gone too far? new concerns over your private life. and now that we have plenty of it, said the united states be exporting oil? should that resources be used at home first? we are on the case next on "the willis report." ♪ gerri: tonight's top story, a raid on your retirement. it is a pot of money totaling nearly 10 trillion, and it is yours. retirement accounts, iras, 401(k). i have warned in the past of the white house wants a piece of it. now that day has come. the president's new budget details are coming out, but it would limit the size of retirement accounts and expose more of your money to the tax man. it is an irresistible way washington can raise money. with us now, jonathan and judy. i will start with you, jonathan. the administration is shocked to find that people would save millions of dollars. does that mean they

this coming from pope francis: please join me in praying for the victims of the explosions in texas and their families. willie nelson, country music star: west has been in my backyard all my life. my heart is praying for the community we call home. this coming from a citizen journalist who told us that he was near the area at the time of the explosion. this is a tweet from andy barty. stopped in to get gas on my drive back from austin to dallas and a huge blast rocked the entire foundation of this place. a little scary. and we have been showing some pictures that have gone viral from him. citizen journalism very important here as it was in the twin bombings in boston. this page for you: 39,000 likes for prayers of the victims of the fertilizer plant disaster. i imagine those likes will continue to grow. when you hear about first responders being among the victims, you can really understand why even in the wee hours of the morning and overnight that social media around the world really is not just praying for west, texas, but for the united states. this has been a tough week, guys. >>brian: especially so many