Posts filed under 'Oregon'

1852: Adam Wimple, his executioner’s lodger

Add comment October 8th, 2018 Headsman

This date’s story of the condemned killer of a child bride lodging with his own executioner comes from the recollections of Dallas, Oregon frontierswoman Mrs. Frank Collins, nee Martha Elizabeth Gilliam.

Frank Nichols, who married my sister Sarah, was the next sheriff. One of his first jobs was hanging Adam E. Wimple.

Wimple had stayed for a while at our house in 1845. He married a 13-year-old girl in 1850 and within a year killed her. They lived in Cooper Hollow, four or five miles from Dallas.

My brother-in-law, Alec Gage, and his wife stopped at Wimple’s house the morning he killed her. Mrs. Wimple’s face was all swollen and her eyes were red from crying. Wimple saw they noticed it, so he said ‘Mary isn’t feeling very well this morning.’

My brother-in-law and his wife had not gone over a mile and a half when they saw smoke rising from where the Wimple house was. They hurried back and found the house in flames. It was too late to save anything in the house.

When the fire had burned out they found Mrs. Wimple under the floor partially burned. Wimple had disappeared. He was more than double her age. She was 14 and he was about 35. A posse captured him and brought him to Dallas. I knew Wimple well, so I asked him why he had killed Mary? He said, ‘Well, I killed her. I don’t really know why.’

There was no jail so Frank Nichols took Wimple to his house to stay.

Frank swore in four guards, but Wimple got away and was gone four days before they found him and brought him back. They tracked him to the house where he had killed his wife.

I went over to stay with my sister, Mrs. Nichols, while he was boarding there waiting to be hung and I helped her cook for him.

Frank hung him early in October, 1852. Wimple sat on his coffin in the wagon when they drove to the gallows where he was to be hung. They passed the sheriff’s father, Uncle Ben Nichols, while they were on their way to the gallows. Wimple was afraid Uncle Ben would be late and miss the hanging, so he called out ‘Uncle Ben, ain’t you going to the hanging? Ain’t you coming down to see me hung?’ Uncle Ben said, ‘I have seen enough of you, Adam. No, I ain’t going.’ Uncle Ben was the only man in Polk county to receive a personal invitation and he was about the only one who didn’t take a day off to see the hanging.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder,Oregon,Public Executions,USA

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1813: A Nez Perce thief, by the Pacific Fur Company

Add comment June 1st, 2018 Headsman

On this date in 1813, Anglo-American fur trader John Clarke had an indigenous Nez Perce summarily hanged for stealing a goblet … dangerously poisoning relations between the respective communities in the Pacific Northwest.

We lay our day’s scene in the Oregon Territory, far frontier of then-only-prospective American continental expansion, beyond even the fathomless reaches of the Louisiana Purchase. The Stars and Stripes had penetrated there courtesy of the Lewis and Clark Expedition, but British, Spanish, and Russian expeditions had planted their own flags too, to say nothing of the claims of its native inhabitants.

And all these claimants had one common desire: the pelts of the beavers swarming that verdant sector.

The New York businessman John Jacob Astor bought a stake in the fur trade in the form of the Pacific Fur Company, and set down the outpost of Astoria, Oregon. (Astor was destined to become one of the republic’s early homegrown plutocrats, a fact which is merely incidental for our purposes. It was the fur business that propelled him to wealth.)

One agent of the P.F.C. was a singularly undiplomatic trader aged about 31 summers, John Clarke. Calling on a mixed Nez Perce-Palouse village to trade his canoes for horses to make an overland journey, Clarke was irritated to find that prices weren’t to his liking and the locals enjoyed pilfering his baubles.

American scribbler Washington Irving recorded the ensuing events:

[Clarke] was a tall, good-looking man, and somewhat given to pomp and circumstance, which made him an object of note in the eyes of the wondering savages. He was stately, too, in his appointments, and had a silver goblet or drinking cup, out of which he would drink with a magnificent air, and then lock it up in a large gardevin, which accompanied him in his travels, and stood in his tent. This goblet had originally been sent as a present from Mr. Astor to Mr. M’Kay, the partner who had unfortunately been blown up in the Tonquin. As it reached Astoria after the departure of that gentleman, it had remained in the possession of Mr. Clarke.

A silver goblet was too glittering a prize not to catch the eye of a Pierced-nose. It was like the shining tin case of John Reed. Such a wonder had never been seen in the land before. The Indians talked about it to one another. They marked the care with which it was deposited in the gardevin, like a relic in its shrine, and concluded that it must be a “great medicine.” That night Mr. Clarke neglected to lock up his treasure; in the morning the sacred casket was open—the precious relic gone!

Clarke was now outrageous. All the past vexations that he had suffered from this pilfering community rose to mind, and he threatened that, unless the goblet was promptly returned, he would hang the thief should he eventually discover him. The day [May 31st, 1813] gassed away, however, without the restoration of the cup. At night sentinels were secretly posted about the camp. With all their vigilance a Pierced-nose contrived to get into the camp unperceived, and to load himself with booty; it was only on his retreat that he was discovered and taken. At daybreak the culprit was brought to trial, and promptly convicted. He stood responsible for all the spoliations of the camp, the precious goblet among the number, and Mr. Clarke passed sentence of death upon him.

A gibbet was accordingly constructed of oars; the chief of the village and his people were assembled and the culprit was produced, with his legs and arms pinioned. Clarke then made a harangue. He reminded the tribe of the benefits he had bestowed upon them during his former visits, and the many thefts an other misdeeds which he had overlooked. The prisoner especially had always been peculiarly well treated by the white men, but had repeatedly been guilty of pilfering. He was to be punished for his own misdeeds, and as a warning to is tribe.

The Indians now gathered round Mr. Clarke and interceded for the culprit, They were willing he should be punished severely, but implored that his life might be spared. The companions, too, of Mr. Clarke, considered the sentence too severe, and advised him to mitigate it; but he was inexorable. He was not naturally a stern or cruel man; but from his boyhood he had lived in the Indian country among lndian traders, and held the life of a savage extremely cheap. He was, moreover, a firm believer in the doctrine of intimidation.

Farnham, a clerk, a tall “Green Mountain boy” from Vermont, who had been robbed of a pistol, acted as executioner. The signal was given, and the poor Pierced-nose, resisting, struggling, and screaming, in the most frightful manner, was launched into eternity. The Indians stood round gazing in silence and mute awe, but made no attempt to oppose the execution, nor testified any emotion when it was over. They locked up their feelings within their bosoms until an opportunity should arrive to gratify them with — a bloody act of vengeance.

Having made his grand gesture, Clarke quickly realized that he had enacted it while his small party was alone in an Indian village where they were at the mercy of their far more numerous hosts. Fearing a backlash, the white traders accordingly hightailed it back to Astoria, and then evacuated Astoria itself.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Execution,Hanged,History,Occupation and Colonialism,Oregon,Public Executions,Summary Executions,USA,Wrongful Executions

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1962: LeRoy McGahuey, the last involuntary execution in Oregon

1 comment August 20th, 2017 Headsman

The U.S. state of Oregon has the death penalty on the books, but hasn’t employed it on a non-consenting prisoner since August 20, 1962.

That was the date that former logger LeRoy Sanford McGahuey, with a shrug of his broad shoulders and the sanguine parting observation “That’s it,” paid in the gas chamber for the 1961 hammer slayings of his girlfriend and her son.* (He’s also the last of seventeen people executed by lethal gas in Oregon history.)

The late Oregon political lion Mark Hatfield, who was governor at the time, permitted the execution to go ahead despite misgivings about capital punishment. It was the only time he would ever be called upon to shoulder that burden: Oregon repealed its capital statutes in 1964 during the nationwide death penalty drawdown; Hatfield had moved on to the U.S. Senate by the time voters reinstated capital punishment in 1978. In an interview almost 40 years after the fact, Hatfield said that being party to McGahuey’s death still troubled him.

As Governor of Oregon, how did you resolve your legal charge versus your moral feelings about the death penalty?

Having been governor when we had an execution, I can tell you it still haunts me. However, when you swear to uphold the constitution of the State of Oregon you swear to uphold all of the laws — not just the laws you agree with. I felt there were too many examples in our history when people tortured the law or played around with it.

So if you were governor today, would you have commuted that death sentence?

I don’t know. I would have to wrestle with that. We experienced the repeal of the death penalty when I was Governor. After the first execution, I had my press secretary have as many press people there to witness it as possible; reporting it in all its gory detail. By making it a broadly based experience for all people — by not having it at midnight — we were able to garner enough support to get it repealed. Even though there were executions scheduled to happen during the hiatus time between when the law was passed and the time it took effect, I immediately commuted all the sentences. I believe it was seven. [actually, it was three -ed.]

Oregon currently retains the death penalty but has had a moratorium on executions enforced by its governors since 2011. Its only “modern” (post-1976) executions were in 1996 and 1997, and both were inflicted on men who voluntarily abandoned their own appeals to speed their path to the executioner.

* Technically, McGahuey was executed for the murder of the child, 22-month old Rodney Holt: he’d slain the mother, 32-year-old Loris Mae Holt, in a fit of passion, but he followed up by bludgeoning the tot with premeditation out of (as he said) concern for the boy’s upbringing now that he’d been orphaned.

On this day..

Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Gassed,Milestones,Murder,Oregon,USA

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1945: Robert E. Folkes, the first condemned man to see the Oregon gas chamber

Add comment January 5th, 2016 Headsman

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“I have nothing to say except that I am innocent. It’s easier to convict a Negro than a white person. So long everybody.”

Robert E. Folkes, convicted of murder, gas chamber, Oregon.
Executed January 5, 1945

Folkes, age twenty-three, was convicted of slashing a woman’s throat on a Southern Pacific train while working as a cook. The Associated Press described him as “the first condemned man to see the chamber,” as Folkes was the first prisoner to ever walk into the Oregon gas chamber without a blindfold on.

On this day..

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1878: Sevier Lewis, a family affair

2 comments August 30th, 2014 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On August 30, 1878, Sevier (aka Severe, Savier) Lewis was hanged in Empire City, Oregon — today known as Coos Bay — for the murder of his much younger half-brother, Zachariah T. “Zack” Lewis on May 22, 1876.

The brothers were two of Hiram Hamilton Lewis’s nine children. Hiram was 74 years old at the time of Zack’s murder, and ambitious in spite of his age: he was running for state legislature.

Sevier, who was in his early fifties, was married and had seven children. Zack was twenty-five, single and still living at home. It was said he’d taken an interest in Sevier’s sixteen-year-old daughter Sylvia. Her father warned him to stay away, but Zack wouldn’t listen and kept coming around pestering his niece with unwanted advances. Finally Sevier had had enough.

Well, that’s one version of the story. Here’s another one:

Sylvia confided to her young uncle that she’d been raped by her father, and become pregnant. Zack went to Sevier and told him to stop the molestation immediately or he would tell the entire family what he had done. He helped Sylvia move in with her grandparents to protect her, and told Sevier that if he touched her again, he would kill him. Sevier touched her again.

These starkly contrasting purported motives may assign which characters, in the ensuing violent tableau, don the white hats and which the black. But either way, one late spring day, Sevier loaded his gun and went to his father’s home where he found little brother working in the fields. Sevier shot him dead, and then took flight.

In December 1877, a full year and a half after the shock murder and probably about the time Sevier was getting comfortable with having gotten away with it, a Coos County man chanced to recognize the fugitive in a hotel bar in Seattle and had him arrested.

Sevier’s own father and Sevier’s own son both testified against him at the subsequent trial, traveling 200 miles to to so. His defense attorney didn’t try to pretend he was innocent and only pleaded for a recommendation of mercy. He was convicted of his brother’s murder in June 1878 and sentenced to be hanged by the neck until dead. The judge also ordered him to cough up $830.10 in court costs, including $21 worth of beer he’d been prescribed during his incarceration.


Oregonian, August 31, 1878.

Lewis’s scaffold speech was bitter and disjointed — “bravado and blasphemy on the gallows,” the Portland Oregonian headlined it. He rambled on about how everyone was prejudiced against him, expressed love for his family and added, “If I could die a thousand times and save my daughter I would do it. If I could save her I would be satisfied to die.”

Author Diane L. Goeres-Gardner describes his final moments in her book Necktie Parties: Legal Executions in Oregon, 1851-1905:

Defiant, stubborn and vindictive, he finally forced Sheriff Aiken to manhandle him closer to the hanging rope. Even as the black cap was pulled over his head and he was being pushed forward he yelled, “What in the hell are you doing that for? I am not afraid to die.”

It was a clean hanging. His neck snapped and Sevier Lewis died within minutes.

What happened to Hiram Lewis’s political aspirations? Well, given the scandal, it’s no surprise that he lost the election. He moved to Lane County after Zack’s murder and died in 1879, supposedly of a broken heart.

What can history tell us about which brother to believe? Was Sevier really trying to protect his daughter, or did Zack pay the ultimate price for his attempt to rescue Sylvia from her predatory father?

Andie E. Jensen, author of Hangman’s Call: The Executions and Lynchings of Coos County, Oregon 1854-1925, studied the available records and notes that Sevier’s youngest child Lucy’s year of birth is unknown — the dates range from 1875 to 1877 — while all his other children had their exact date and place of birth recorded. He speculates that Lucy, said to be the daughter of Sevier and his wife Elizabeth, was in fact Sylvia’s child.

“Fact or fiction,” he concludes, “we will never know for sure. The end result was the execution of Sevier Lewis, whose act of murder victimized more than just his half brother Zack.”

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,History,Murder,Oregon,Other Voices,Public Executions,USA

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1850: Five Cayuse, for the Whitman Massacre

Add comment June 3rd, 2014 Headsman

On this date in 1850, five Cayuse were publicly executed in Oregon City for the Whitman Massacre.

Beginning in earnest in the 1830s, Anglo settlement in the Oregon Country presented for the native inhabitants of the Pacific Northwest the same Hobson’s choice that had confronted tribes further east long before: resist or accommodate.

The New York-born couple Marcus and Narcissa Whitman* were two of the most notable figures among the hundreds, and then thousands, of settlers pouring into the territory every year. In 1836, they founded on the banks of the Walla Walla River a Christian mission to the nomadic Cayuse who roamed the territory. It’s in present-day Washington State, which was then part (with the current U.S. states of Oregon and Idaho) of a single frontier territory collectively known as Oregon.

The Whitmans’ early settlement, offering medicine, education, and (of course) proselytizing, proved a success at first; it would become for several years a waypoint on the developing Oregon Trail.

White diseases came with the settlers.

The Cayuse people had already dwindled (pdf) to just a thousand or two after the decimations of smallpox and other plagues swept the region in the decades preceding. Now, outbreaks of measles were ravaging those remaining.

Marcus Whitman, a doctor as well as a spiritualist, proved unable to check the new epidemic. Rumors went abroad that the missionaries were bewitching or poisoning the Cayuse, as the vanguard of a coming territorial conquest; the Whitmans themselves were very keen to the hostile feeling the situation had engendered and had even heard whispers that they were the targets of assassination plots. Bravely, they stayed.

“Perhaps God thought it for the best that your little child should be called away,” Narcissa Whitman said in strange consolation to the grieving mother of an Anglo child who also succumbed to measles in 1847. “It may calm the Indians to see a white child taken as well as so many natives, for otherwise we may all be compelled to leave within two weeks.” (pdf source, op. cit.; this document also reconstructs a detailed narrative of the unfolding tragedy)

But that remark was only days before the terrible November 29, 1847. On that cold autumn Monday, a small party of Cayuse led by a chief named Tiloukaikt fell on the mission and slaughtered both Whitmans plus another 11** inhabitants of the little compound.

Some 54 surviving women and children were taken hostage, and several of these died in custody as well. A Canadian official of the Hudson’s Bay Company hurried to ransom the captives at the price of 62 blankets, 63 cotton shirts, 12 muskets, 600 loads of ammunition, 37 pounds of tobacco, and a dozen flints.†

This quick response might have forestalled a worse tragedy for the missionaries — but as far as the Cayuse went, the die was already cast. A volunteer militia of Oregonians under Cornelius Gilliam soon mobilized to retaliate, driving many Cayuse into the Blue Mountains.

By mid-1848, spurred in part by the Whitman bloodbath, Congress officially incorporated the region as the Oregon Territory; arriving early in 1849, the new territorial governor Joseph Lane immediately opened negotiations with the Cayuse to hand over the perpetrators of the massacre. With federal troops arriving later in 1849, the Cayuse at last capitulated and gave up five warriors: Tiloukaikt, the leader; Tomahas; Kiamasumpkin; Iaiachalakis; and Klokomas. (There are numerous alternative transliterations of these names.)

They were tried in Oregon City, the territorial capital at the time — a town of 500 or so on the Willamette River Falls — in a landmark case: the first proper death penalty trial in the young territory.‡ This would fall a little short of modern standards, and not just because it was held in a tavern for want of a regular courthouse. The prosecution was not especially rigorous linking all the defendants to specific violent acts, but the defense’s recourse to Cayuse cultural practices that held shamans liable for the failure of their medicine conceded the point by implication. The judge‘s final instructions simply directed his jury to “infer” the defendants’ culpability by virtue of “the surrender of the Defendants by the Cayuse nation as the murderers, the nation knowing best who those murderers were.” So why even have the trial? Kiamasumpkin, against whom no evidence was ever individually presented, went to the gallows insisting that he didn’t even arrive to the Whitman Mission until the day after the massacre.

All five were condemned in the end, and executed by prominent early pioneer and lawman Joe Meek.§ “On the 3d of June an election and a hanging match took place at Oregon City,” ran the Aug. 22, 1850 story in the New York Tribune — for the Whitman massacre had been a matter of national interest. “The town was full of men and women, the former coming to see how the election resulted, and the latter to see how the Indians were hung.”

“Their tribe, the Cayuses, gave them up to keep peace with the whites. Much doubt was felt as to the policy of hanging them, but the popularity of doing so was undeniable.”

Fears that the quintuple hanging would stoke a running conflict with the Cayuse were not altogether misplaced, but over the subsequent years the dwindling tribe was simply dwarfed by over 30,000 newly arriving settlers lured by a congressional grant of free land. By 1855, the defeated Cayuse were forced onto the small Umatilla Reservation, ceding (along with the Umatillas and the Walla Wallas) 6.4 million acres to whites. The Cayuse tongue was extinct by the end of the century.


Present-day memorial obelisk at the site of the Whitman Massacre, now a national historic site. (cc) image from Jasperdo.

* Present-day Whitman College (Walla Walla, Wash.) is named for them.

** Figures of both 13 and 14 (inclusive of the Whitmans) are cited in various places for the Whitman Massacre’s body count; the discrepancy turns on whether one’s tally includes as a casualty Peter Hall, who escaped from the mission, fled to Fort Walla Walla, and then made a panicky attempt to reach The Dalles. Hall disappeared into the wilderness, and was never heard from again.

† Ransom covered gratis by the Hudson’s Bay Company.

The Espy file‘s index of U.S. executions lists only a couple of undated executions many years before under informal frontier justice.

§ Cousin to the recent First Lady Sarah Childress Polk.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,Guerrillas,Hanged,History,Mass Executions,Milestones,Murder,Notable for their Victims,Occupation and Colonialism,Oregon,Public Executions,Racial and Ethnic Minorities,Soldiers,USA,Washington,Wrongful Executions

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1902: A day in the death penalty around the Pacific Northwest

Add comment January 31st, 2014 Headsman

The U.S. states of Washington and Oregon both hanged murderers on this date in 1902.

Oregon

The death knell for local public(ish) hangings in Oregon took place this morning in the courthouse of Portland’s courthouse under the eyes of 400 invited witnesses and numerous additional gawkers who scaled telegraph poles or stationed themselves on nearby rooftops.

Jack Wade and William Dalton hanged together for murdering one James Morrow just three months for two bits. It was an uncomplicated crime: the villains stuck Morrow up as the latter returned one night from paying court to a young lady, then shot him when Morrow made a sudden move.

On hanging day, the pair addressed an ample breakfast of ham, chicken and eggs, knocked out some hymns and an impromptu rendition of “Where Is My Wandering Boy Tonight?”

… and then took a cavalier stroll to the gallows where Wade displeased right-thinking folk with his devil-may-care attitude towards his own execution. He tossed a cigar to the crowd, and played his fingers over the hemp as the rope was fastened, remarking with a wink, “it is tough.”

While the hanging itself went off without a hitch, the curious onlookers pushed through the rail meant to restrain them once the bodies were cut down and began scrabbling for bits of hemp. The sheriff finally had to clear the courtyard.

Even worse, “ten or 12 women witnessed the execution” from atop a building at Fifth and Main street, according to the Oregonian‘s report the next day. “It is doubtful if such a thing ever occurred before at a legal hanging in this country.”

The legislature some years previous had tried to get a handle on execution decorum by moving hangings off public squares and into jails, so this public(ish) execution wasn’t technically public at all. But as seen, these facilities with their barrier-toppling invited mobs and conspicuously feminized illicit peepers surrounding still affronted the alleged solemnity of the moment and led the legislature at its next sitting in 1903 to enact a statute requiring that “all executions should take place within the walls of the [state] penitentiary, out of the hearing and out of sight of all except officials.”

Wade and Dalton weren’t actually the last to hang publicly(ish) in Oregon, however. Since the law wasn’t retroactive, several additional executions occurred after the penitentiary-hanging law was enacted — the last as late as 1905. (See Necktie Parties: A History of Legal Executions in Oregon, 1851-1905).

Washington

Chinese immigrant Lum You was hanged at South Bend, Washington on January 31, 1902. He shot a man named Oscar Bloom during a drinking bout that turned into a drunken bout.

Lum You actually escaped his condemned cell on January 14 when his dinner was being fetched by the jailer and on the loose for a couple of days, but was recaptured on January 17 by a posse. He allegedly begged them to shoot him dead right there, then changed his mind when some business-minded character actually produced a weapon. (Credit to the great Northwest for its highly accommodating vigilantes.)

On this day..

Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,Murder,Oregon,USA,Washington

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1899: Not J.M. Olberman, spared by Oregon’s governor

1 comment April 28th, 2013 Headsman

This date in 1899 was the one appointed for the Roseburg, Ore. hanging of a miner named J.M. Olberman for murdering his partner-in-prospecting.

But as described in this April 28, 1899 story from the Portland Oregonian (transcribed in its entirety), a governor willing to “take a larger and less restricted view” of a case than the courts would do spared Olberman on the eve of his hanging.


SALEM, April 27. — The sentence of J.M. Olberman, who was to have been hanged in Roseburg tomorrow for the murder of J.N. Casteel, his mining partner, near Myrtle Creek, last year, has been commuted to life imprisonment. At 5 o’clock this afternoon Governor Geer sent a telegram to Sheriff Stephens, of Douglas county, advising him of the commutation. When asked tonight to give his reasons for extending clemency to Olberman, Governor Geer said:

I finally concluded to commute Olberman’s sentence to life imprisonment for the reason that there were many extenuating circumstances that remove his crime from the class of deliberately planned murders. His victim had not only viciously warned him the night before that he would kill him when he was least expecting it, but had refused to go to bed, lying on the lounge al lnight, and muttering his threats long after Olberman had retired. Reputable citizens of Mytle Creek have proven to me that Casteel had not only threatened Olberman’s life, but that of several other men, and that he was a ‘bully’ by natre, and a dangerous man. I have petitions signed by 62 citizens of Myrtle creek, where the tragedy occurred, stating that Casteel ‘frequently threatened to kill people, drove his son-in-law from home by threats to kill him; that he threatened to kill Olberman, and we believe he would have carried the threat into execution had he not himself been killed.’

To my mind, these facts, which are well established, make a wide distinction between Olberman’s crime and that which is committed by a highwayman, who deliberately murders for gain, or the brute who takes human life purely for revenge, and there should be a distinction between the degrees of punishment following their commission.

Courts are sometimes prohibited from going outside the forms of law and the record, although convinced, perhaps, that the equities of the case would warrant a different finding. It is to correct such conditions that the right to take a larger and less restricted view of the circumstances surrounding a case is given to the executive. It is great power to place in the hands of one man, and should be used very sparingly and rarely.

I have an abundance of testimony from Myrtle Creek and Portland, where he lived for four years, that Olberman is a man of steady habits, and of a peacable disposition, and has never associated with the criminal class. The commutation of his sentence was asked by most of the people in the vicinity where the murder was committed, and the same request was made by letter to me by both the daughters of the murdered man, one of his sons-in-law, and three of the trial jurors.

Olberman committed a great crime, but the provocation surrounding him makes him less guilty, in my judgment, than the other man who deliberately murders for either gain or revenge; and his crime being less his punishment should be less. I do not think I have erred in saving this man’s life, but if I have it has been on the side of mercy, and to do so is sometimes a positive virtue.

Among those who signed petitions and sent personal letters to the governor in Olberman’s behalf were Governor Bradley, of Kentucky; a member of congress from Kentucky; United States Senator Joseph Simon, H.M. Martin, William Flocks and George McDougall, three of the trial jurors, and Mrs. May Stewart and Mrs. June Reynolds, daughters of the murdered man.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,Not Executed,Oregon,Pardons and Clemencies,USA

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1909: C.Y. Timmons

Add comment February 26th, 2013 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

Minutes after midnight on this date in 1909, an Oregon plasterer named C.Y. Timmons was hanged at the state prison in Salem, Oregon for the murder of Estella, his wife of two years.

On October 21 the previous year, he had put an ax in the back of her head, slit her throat from ear to ear with a straight razor and then attempted to take his own life with the same razor. The two were discovered by the neighbors at 7:30 the next morning when a partially unclothed C.Y. came knocking on their door, “covered in blood from head to foot.”

C.Y.’s wound, as R. Michael Wilson explains in his accounting of the case in Legal Executions After Statehood in North Dakota, South Dakota, Wyoming, Montana, Idaho, Washington and Oregon, was serious but not fatal, and it responded to medical treatment: “The gash had missed the veins and arteries but had severed the trachea, but it had sealed and prevented him from drowning in his own blood.”

Timmons quickly regained his ability to speak and told authorities Estella had cut his throat while he was sleeping. He grabbed the razor from her hand, slit her throat in self-defense, and then finished her off with an ax. Then he lay down and waited until dawn before he went and asked for help.

The truth came out, however, and at his trial in mid-January 1909, C.Y. admitted that he’d gone round the bend with jealousy over his younger wife’s* affair with one Robert Hornbuckle. C.Y. and Estella had been quarreling for a long time about her relationship with Hornbuckle. Only the day before the murder, the couple had met with an attorney to procure a divorce — a drastic measure in that day and age.

During the meeting, Estella told the lawyer that her husband had a violent temper, especially when he had been drinking, and that he had threatened her life on numerous occasions.

C.Y. apparently believed his victim’s alleged infidelity would outrage the jury into acquitting him. Not so; they deliberated a whopping 35 minutes before finding him guilty. C.Y. broke down in tears when the verdict was read. And, for what it’s worth, all evidence indicates that Estella’s “affair” with Hornbuckle existed only in her husband’s imagination.

C.Y.’s hanging was as gruesome as his crime, as Wilson records:

[A]t 12:31 p.m., the trap was sprung and Timmons dropped six feet, one inch. The force of the drop caused the neck wound to open and for some time the hanging figure breathed through the gaping wound beneath the rope, and the body was drenched with blood. The attending physicians differed on whether Timmons’ neck was broken in the fall, but later examination proved that the vertebrae had been dislocated. This complication, breathing through the open wound, prevented pronouncement of death until 12:54 p.m., and the body was allowed to hang another seven minutes to ensure he was dead.

The murderer was buried separately from his victim, at the Lee Mission Cemetery in an unmarked grave.

* Her age was given in different accounts as either 19 or 21; C.Y. Was 37. Another pathetic detail to her tragic life: Estella was an orphan, raised in an orphanage after her parents both died of tuberculosis.

On this day..

Entry Filed under: 20th Century,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,Oregon,Other Voices,Sex,USA

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1889: John Gilman, tetchy landlord

2 comments December 13th, 2012 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 1889, 60-year-old John F. Gilman was hanged in Oregon for the murders of William and Elizabeth Eationhover (Eatenhoover, Etenhover).

Elizabeth and her husband Christopher were German immigrants. They arrived with their five-year-old son William in Coquille, Oregon in July 1888 and signed a five-year lease on farmland belonging to Gilman and his wife.

The Eationhovers built a small house forty yards from John Gilman’s house. They hadn’t lived there long before they began having disputes with Gilman about just what they could do on his land. Gilman wanted them to move and offered to cancel the lease, but the Eationhovers refused to budge.

Less than a year had passed before Gilman had decided the only way out of the situation was to cancel his tenants’ lease … on life.

He tried subtlety first, poisoning their food. That didn’t work and he was forced to use a more direct form of homicide.

On Saturday, July 12, 1889, Christopher was returning home after working all week at another, distant farm. When he reached the river, he noticed Gilman on the other side and asked him to row over and give him a ride. Gilman obliged and Christopher continued his journey home — but when he reached the corral, Gilman came up behind him and hit him in the head with one of his boat’s oars. He then pulled out a knife and stabbed him multiple times.

Gilman had made a miscalculation, though — one that saved Christopher Eationhover’s life. He’d been carrying two knives in his pocket, and one had a broken blade. He’d mistakenly pulled out the broken one, and it could not inflict fatal wounds.

As the two men struggled, ElizabethGilman’s wife came out of the house to break up the fight. Christopher then took the opportunity to get away. He staggered down to the river, rowed the boat across and went to get help.

By the time he returned with a posse, however, his wife and child had disappeared. The kitchen table was set for breakfast, and little William’s plate still had food on it, long since grown cold.

When the authorities arrived at the Gilman house, they found John Gilman in bed asleep. He hadn’t even bothered to change his bloodstained clothes. Arrested, he insisted he had no idea where the Eationhovers were or what had happened to them. He suggested that perhaps they’d followed after Christopher and got lost.

A search party found them the next afternoon, poorly concealed in a shallow grave. Nearby was another, empty grave, presumably for Christopher.

The two had died horrible deaths.

Elizabeth had been beaten on the arms, hips and face, and had a bad cut on the back of her head, but the actual cause of death was strangulation. Medical evidence indicated she’d remained alive for a time after the beating.

Five-year-old William had tried to run away, but his killer was too fast for him. He’d been strangled with a rope and his neck was broken.

Gilman would later confess to the crimes. He said he had beaten Elizabeth and then ran off, leaving her semi-conscious and helpless, to kill the child. He then returned to finish off Elizabeth. He claimed he’d strangled the victims (actually hanging William from a tree) because he didn’t want to leave blood evidence in the house.

While clearing out his conscience in this rummage sale (which sorely tempted lynch law), Gilman also confessed to another murder, that of George Morras in 1888. He later recanted his statements, but law enforcement believed he had in fact committed the crime.

John Gilman was indicted for two counts of murder. His wife, Fidelia, was charged as an accessory, but later acquitted. John’s insanity defense failed, and there was no appeal or executive clemency.

One final tragic detail in this very tragic story: on October 21, 1892, nearly three years after the hanging of the man who killed his family, Christopher Eationhover hanged himself.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Hanged,Murder,Oregon,Other Voices,USA

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