Thanks to Melissa S. Green for giving Executed Today permission to reprint this summary of Alaska’s last execution. It appeared as a section of Green’s longer history of the death penalty in the state, first published here.
For the first (proper, juridical) execution in Alaska, see here. -ed.
Austin Nelson and Eugene LaMoore, both black, were separately convicted and executed for the same crime, the December 1946 murder of a 52-year-old (white) Juneau storekeeper named Jim Ellen. Ellen’s store had also been robbed. Ellen had immigrated to the U.S. from Greece as a boy in 1909. He was a World War I veteran who held memberships in the American Legion and the Juneau Elks Lodge.
Austin Nelson, a 24-year-old who did odd jobs around Juneau, was arrested for the murder after a check written by him to Jim Ellen was found on the store counter following the robbery/murder. He was represented at trial by Henry Roden and Joseph A. McLean. Nelson was convicted on circumstantial evidence, including that of a witness who reported seeing him in the victim’s store on the night of the murder. No one witnessed the actual murder, nor was a murder weapon found, not even the straight-edged razor witnesses testified that Nelson had once owned. Nelson lacked money to pay for an appeal and there was no provision for a public attorney in post-conviction proceedings, His execution was set for July 1, 1947.
Eugene LaMoore, a 42-year-old fisherman with a Tlingit wife and two children, was originally an alibi witness at Nelson’s trial. He testified that he had spent much of the evening with Nelson on the night of the murder, including along the avenue where the victim’s store was located. LaMoore’s credibility with the jury was apparently eroded when he initially denied a felony robbery conviction of twenty years before. Although LaMoore returned to the stand the following day to correct his testimony, he was arrested by U.S. Marshal William Mahoney on a charge of perjury and held on a bond of $10,000 — a high bond in 1947 — which LaMoore could not pay. He was held in a cell in the federal jail, shackled in leg irons and, later, in a ball and chain. He was repeatedly questioned by the local FBI agent and other local law enforcement authorities about the murder of Jim Ellen. Shortly before Nelson’s scheduled execution, Nelson was brought to visit LaMoore in his cell. According to later testimony by LaMoore, Nelson pled with LaMoore to help save his life.
On July 1, 1947, the date of Nelson’s scheduled execution, LaMoore signed a typed confession stating that he had participated in a robbery of Jim Ellen’s store with Austin Nelson and that Nelson had killed Ellen during the robbery.
LaMoore was charged with first degree murder. Nelson’s execution was delayed because he was now considered a material witness against LaMoore.
LaMoore was represented at trial by Henry Roden and Joseph A. McLean, the same court-appointed attorneys who had represented Nelson. The only significant evidence offered at trial to suggest LaMoore’s involvement in the murder was the typed confession he had signed while in jail. At trial, LaMoore retracted the confession, stating it had been made on the advice of a prominent Juneau attorney, Herbert W. Faulkner, who had been persuaded by Deputy Marshal Walter Hellan to come and talk with him (LaMoore had had no lawyer at the time).
LaMoore testified that Faulkner agreed to advise him, though Faulkner denied having done anything except typing up what LaMoore wanted to say in the confession. LaMoore also stated that the confession had been prompted by a desire — especially after Nelson’s visit to his cell — to delay Nelson’s execution. Despite his retraction and the lack of other significant evidence, LaMoore was convicted by the jury and sentenced to death.
Nelson, who had been kept alive during LaMoore’s trial but was never called to testify, was executed on March 1, 1948, a month after LaMoore’s trial ended. LaMoore was executed on April 14, 1950 after an unsuccessful appeal. He reportedly took 13 minutes to die.
His was the last execution to be held in Alaska.
Lerman, Averil. (1994). “Death’s double standard: Territorial Alaska’s experience with capital punishment showed race and money mattered.” We Alaskans [Sunday magazine of the Anchorage Daily News], May 1, 1994.
Lerman, Averill. (1998). “Capital Punishment in Territorial Alaska: The Last Three Executions.” Frame of Reference [Alaska Humanities Forum] 9(1): 6-9, 16-19, April 1998.