2010: Mohsen bin Faisal Al Barik Al-Dossary, Saudi cop-killer

On this date in 2010, a Saudi Arabian man named Mohsen al-Dossary or al-Dussari was beheaded in Riyadh for having shot dead a police officer in nearby Kharj who tried to stop him driving the wrong way on a street.

That’s some costly road rage.

Islamic sharia law provides the victim’s family the right to pardon an offender and stop an execution; implicit in that right is the need for the offended family to make a legally supportable determination to withhold pardon in order for an execution to proceed. In an interesting twist on that jurisprudence, the Saudi Press Agency reported that al-Dossary had to wait several years in prison while the policeman’s sons grew to majority and could legally consent to having the murderer put to death.

On this day..

1929: Myles Fukunaga

This date in 1929 saw the hanging of a Shakespeare-quoting, suicidal kidnapper for “the most brutal murder in the history of Hawaii”. It was among the last civil executions in Hawaii.

As detailed in the 1991 essay “A Short History of Hawaiian Executions, 1826-1947” (pdf) by Joseph Theroux, a resource we’ve touched on before and which also includes a full list of 75 known legal executions in Hawaii during that period:*

[I]n the death of Gil Jamieson, who had been kidnapped by a mad youth who filled his ransom letters with quotations from the Shakespearen play [Macbeth]: “Life’s but a walking shadow, a poor player / that struts and frets his hour upon the stage / and then is heard no more …”

The victim had his skull chiseled in and was strangled and left near Seaside Avenue in Waikiki.

The murderer and author of the letters was captured some days later, tried, convicted, and sentenced to hang, all within three weeks. This feat was facilitated because his lawyers, Beebe and Huber, offered no defense and called no witnesses. The jury included members who were part of the search party and the victim’s bodyguard and gravedigger. A Navy psychiatrist offered to testify for the defense but was rebuffed. The medical examiner was also the prosecution psychiatrist, Doctor Robert Faus. He testified that past suicide attempts by Miles Fukunaga were “normal.” Despite protests and appeals, Fukunaga was hanged.

Ten years earlier, a well-known local haole athlete, David Buick, found himself down on his luck. He ordered a taxi driver, one Ito Suzuki, to drive out of Honolulu proper to a place called Red Hill. He ordered the man to stop the car and get out. He pointed a gun at the driver and robbed him of one dollar. When Suzuki turned to flee, Buick shot him in the back. Before he died, the taxi driver identified Buick a the gunman. The charge was eventually reduced to second degree murder, and Buick is said to have returned to the Mainland following his jail time.

In both cases, there was premeditation, kidnapping, murder, and flight. Fukunaga willingly confessed and indeed showed extreme remorse. Buick never confessed or showed the slightest regret over his actions. But Fukunaga had murdered a fine boy of a prominent haole family.** Buick had only murdered a middle-aged Japanese taxi driver.

This shocking crime — Fukunaga openly cited the notorious Leopold and Loeb murder and the more recent Hickman kidnapping as his models — ratcheted up ethnic tensions in Hawaii between whites, especially elite whites, and Japanese.

The Japanese community’s newspaper Hochi mounted a vigorous clemency campaign emphasizing sentencing differences like that vis-a-vis Buick. “If Myles Fukunaga is hanged it will not be because he killed a human being,” the paper editorialized. (pdf) “It will be because he killed the son of the vice-president of one of our big trust companies and because his victim was a white boy.”

* Ethnic data of those 75 executed: 24 Hawaiian; 24 Filipino; 9 Japanese; 6 Korean; 5 Chinese; 3 Puerto Rican; 3 unknown; 1 Caucasian.

** Gill Jamieson’s father, Frederick Jamieson, was a vice president of the Hawaiian Trust Company (since folded into the Bank of Hawaii). According to Kokugo Gakko in, the targeting of a bankster family by a frustrated working-class youth (Fukunaga was reportedly logging 80-hour weeks in menial jobs, having been forced to quit school in his teens to support his family) was no coincidence at all.

In terms of his motives he said that revenge had been foremost in his mind. In 1928 his parents had been unable to meet monthly rental payments. The Hawaiian Trust company served as the collecting agent for their landlord and had sent a rent collector to the Fukunaga family to demand full payment of back rent. Humiliated and ashamed, Fukunaga bitterly resented the bank’s action and, on learning that Vice President Frederick W. Jamieson had a son, he decided to seek revenge … by kidnapping and murdering the boy. Fukunaga also confessed to another motive. As the eldest son of seven children, Fukunaga stated that he had felt a filial obligation to help his poor parents … he had hoped to accomplish this filial act with the ransom money.

All this might tend to militate against the “insanity” defense, which Fukunaga himself energetically rejected.

On this day..

2011: Oba Chandler

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

A year ago today, Oba Chandler was executed by lethal injection in Florida for the brutal triple homicide of a Willshire, Ohio mother and her two teenage daughters.

Thirty-six-year-old Joan Mae “Jo” Rogers and her daughters Michelle, 17, and Christe, 14, were vacationing in Florida when they vanished on June 1, 1989. Three days later their bodies turned up in the Tampa Bay. All three were naked from the waist down and had their hands and feet bound, their mouths taped shut, and concrete blocks tied to their necks. Michelle had managed to free one arm before she drowned.


The victims (left to right): Joan, Michelle, and Christe Rogers.

The police initially suspected the girls’ uncle, John Rogers, even though he was in prison at the time.

Rogers had been incarcerated for rape; one of his victims was Michelle, and authorities theorized he had a third party kill her and her mother and sister. Eventually that gentleman was cleared, as was his brother Hal, husband and father of the victims.

The sexual abuse, which had gone on for years, had torn the family apart, and part of the reason for the Florida vacation was so that everyone could relax and get some distance from what had happened. Hal had wanted to join his wife and daughters on their trip, but he had to stay and look after the family’s dairy farm.

The murders and subsequent investigation were covered in heartbreaking detail in St. Petersburg Times reporter Thomas French‘s Pulitzer Prize-winning series here.

Characteristically, local gossip pursued Hal and John for years, particularly Hal. His neighbors in Ohio thought he didn’t appear traumatized enough,* noting that he never cried in public and that he continued to take care of his farm in the wake of the murders.

They didn’t care that the farm was Hal’s livelihood, that cows could not milk themselves. They didn’t care that there was no evidence that he’d left Ohio during the critical time period, and that the police had very quickly cleared Hal as a possible suspect in Jo, Michelle and Christe’s deaths. They didn’t know that he was too traumatized to sleep in his own home and spent months couch-surfing at friends’ houses. They didn’t know that he was devastated, that he’d tried to take his own life at one point so he could be with his family.

As Hal’s sister-in-law said, “There’s no protocol here. There’s no Murder 101 class. No Grief 101 that anybody thinks to give you.”

Stranger-on-stranger crimes are incredibly difficult to solve. It wasn’t until October 1989 that the police linked the Rogers family’s murders to the rape of a Canadian tourist that had happened in May, two weeks before the triple homicide. The rapist had lured the woman out onto a boat, threatened to kill her, and threatened to duct-tape her mouth if she didn’t stop screaming. After the rape he apologized to her, threw up over the side of the boat, took her to shore and let her go.

Police released a composite sketch of the woman’s attacker, whom they believed was the same man who killed the Rogerses. That got over 400 tips from the public, but none of them panned out.

Twice, the case appeared on the popular television show Unsolved Mysteries.

The authorities found some driving directions written on a brochure in Jo’s car which were not in her handwriting and which they thought were written by the murderer; they released samples to the public in the hopes that someone would recognize the writing.


Composite sketch of the suspect (top); Oba Chandler as he looked around the time of his 1992 arrest (bottom).

Finally they got a break: one of Chandler’s neighbors recognized the sketch of the rape suspect and turned his name over to the police. That same neighbor had hired Chandler to build out her porch, and she had a copy of the contract he’d written out for her. She turned the contract over to the authorities, and handwriting experts determined it was written by the same man who wrote the driving directions found in Jo’s car. Investigators also found Chandler’s palm print on the brochure.

In September 1992, convinced that they were on the right track, the police flew to Canada to interview the rape survivor from May 1989. She picked Chandler’s photo out of a line-up. With that, the authorities finally had enough evidence to make the arrest.

Chandler, an Ohio native like his victims, gave the impression of an ordinary, mild-mannered sort, but he was in fact a career criminal: he went by many alias names and had an arrest record dating back to when he was fourteen years old, for a wide range of offenses including car theft, robbery, kidnapping, receiving stolen property, possession of counterfeit money, and various sex crimes. By the time of his 1992 arrest he had racked up six felony convictions.

Chandler testified at the murder trial, against the advice of his attorney, and admitted he had met the three victims and given them directions. He could hardly deny that, given the handwriting and fingerprint evidence.

He did deny having ever seen them again after that, and he swore he’d never taken them out on his boat and never harmed them. He called the very idea “ludicrous.” In fact, he maintained his innocence until his death.

But the prosecution eviscerated him during cross-examination. Chandler claimed that on the night of the murders he’d gotten stuck out in Tampa Bay when his boat’s fuel line sprung a leak and he ran out of gas. A boat mechanic employed by the Florida Marine Patrol examined the vessel and determined that this story was impossible: the boat had an anti-siphon valve that would have prevented a leak.

The Canadian rape victim was permitted to testify. She didn’t cry as she described what happened to her, but some of the jurors did. One of Chandler’s adult daughters (he had eight children by seven different women) also testified, saying her father had told her he’d raped a foreign tourist and also killed some women in Florida.

The judge who presided over the trial later said Chandler was “the vilest, most evil defendant I ever handled.” When the jury retired, they took an initial poll among themselves and discovered that all twelve believed he was guilty. For form’s sake, however, they waited an hour and a half before returning with their verdict.

There’s some speculation that Chandler was involved in other murders besides those of the Rogers family.

Linda Lois Little, a Daytona Beach woman, disappeared on his birthday in 1991 and was never found. One of Little’s sisters thinks saw him at her apartment complex a few days before Little disappeared. Chandler refused to answer law enforcement’s questions about Little’s disappearance and his involvement has never been proved one way or the other.

During his seventeen years on death row, Chandler never had a single visitor, not even any of his own relatives. The execution, which went smoothly, was attended by Michelle and Christe’s cousin, as well as a reluctant Hal Rogers. He remarried more than a decade after his family’s murder and became a stepfather of four, but wasn’t able to have any more children.

When asked if he had any last words, Chandler simply answered, “No.” He did leave a written statement that simply said, “You are killing an innocent man today.”

No one believed him.

* “Didn’t display the right kind of grief in the right kind of way for the right amount of time” was also one of the raps on wrongly executed “arsonist” Cameron Todd Willingham.

On this day..

1858: James Rodgers, lamented

On this date in 1858, youthful delinquent James Rodgers was hanged in New York City.

The 19-year-old Irish immigrant Rodgers, according to the New York Herald‘s Nov. 13 post-hanging review, was one of a gaggle of ne’er-do-wells “well known to the police of the Sixteenth precinct as loungers about the corners.”

Corner-loungers evidently share behavioral DNA with the common high school meathead, for Rodgers (drunk on rum) precipitated his trouble by carrying “his arms a-kimbo, so that one elbow hit [John] Swanston violently as he went by him.” Swanston, a respectable burgher returning from market with his wife, didn’t take kindly to this territory-marking, and exchanged words with Rodgers until the punk terminated the conversation by planting a knife between Swanston’s ribs. The unfortunate gentleman, perhaps second-guessing his decision to make such a big deal over the elbow, expired painfully in the street as witnesses rushed to the scene.

If the Herald is to be believed, a concerted clemency push (including author Caroline Kirkland, who called personally on Gov. John King) went begging owing to a general public outcry against corner-lounging Irish hoodlums and their a-kimbo elbows.

Even though Rodgers was hanged in private in the Tombs, New Yorkers strained the roofs of nearby buildings (at ten to fifty cents per head) just to get a glimpse of him being walked to the gallows with the rope picturesquely around his neck and whatever else they could peep over the walls.

Reportedly contrite (he slept on the stone floor of his cell and ate bread and water by way of self-mortification), prayerful, handsome, and at the gallows unflinching, the youthful Rodgers died game … and also harrowingly.

The Tombs was already by this point employing a gallows that jerked the condemned upward rather than dropping him through a trap: the idea was that this method would humanely kill the wretch on the first strike of the knot.

That was not the case for James Rodgers.

By the time the executioners axed through the rope restraining the counterbalance and the fall of a 250-pound lead weight yanked Rodgers into the air, the noose’s knot had slipped to the nape of the culprit’s neck where it would fail to deliver a lethal fracture. The killer twisted and fought horribly for some eight minutes as he strangled to death, even freeing his right hand from its restraint and with it tearing at his heart. “Sickening to behold,” reported the New York Times.

So, that was James Rodgers. Like many murderers of the time, and especially those who could be constructed as sympathetic people led astray by drink, the man got himself a hanging ballad, “The Lamentation of James Rodgers.”

This ditty appears to have been appropriated, meter and lyrics alike, a generation later for the ballad “Charles Guiteau” — whose subject is the nutter assassin of President James Garfield. Guiteau hanged in 1882.

It’s pretty striking, really, even if not unusual for the genre; the lyrics show a line-for-line lift.

Lamentation of James Rodgers

Come all you tender Christians,
I hope you will draw near,
And likewise pay attention
To those few lines I have here:
For the murder of Mr. Swanston
I am condemned to die,
On the twelfth day of November
Upon the gallows high.

My name is James Rodgers
The same I ne’er denied,
Which leaves my aged parents
In sorrow for to cry,
It’s little ever they thought
All in my youth and bloom,
I came into New York
For to meet my fatal doom.

Charles Guiteau

Come all you tender Christians
Wherever you may be
And likewise pay attention
To these few lines from me.
For the murder of James A. Garfield
I am condemned to die
On the thirtieth day of June
Upon the scaffold high.

My name is Charles Guiteau
My name I’ll never deny,
To leave my aged parents
To sorrow and to die.
But little did I think
While in my youthful bloom
I’d be carried to the scaffold
To meet my fatal doom.

Here’s the Garfield version … as the guilt-ridden young tough James Rodgers is not much remembered on YouTube.

On this day..

2009: John Muhammad, D.C. sniper

On this date in 2009, D.C. sniper John Muhammad was executed by lethal injection in Virginia.

Muhammad — born John Allen Williams; he renamed himself after joining the Nation of Islam — authored with Lee Boyd Malvo, a juvenile collaborator under his sway, a spree of random sniper attacks around the Washington D.C. suburbs that terrified the nation’s capital in October 2002.

The two were captured together sleeping out in their sniper-mobile — a Chevy Caprice with a hole drilled in the trunk for taking concealed potshots at gas stations and mall parking lots and the like. Although arrested initially in Maryland, the U.S. Attorney General forced their case to the more aggressive death penalty jurisdiction of Virginia. (The two killed people in both states, tallying 10 dead and three wounded all told.)

From the time of his Oct. 24, 2002 arrest until the very end, Muhammad was frustratingly tight-lipped about how and why the carnage took place. Was it personal pique? Religious terrorism? Just a regular criminal racket?

In 2006 testimony, a now-contrite Lee Malvo — at one point he addressed Muhammad directly, saying “You took me into your house and you made me a monster” — outlined a plan that constituted a fearsomely nutty combination of motives: use the mayhem to extort millions of dollars, then take the money and set up a Canadian camp for 140 homeless black youth and rear them as terrorists. It’s just possible that this proposed enterprise pushed every single button in the collective American id.

(Malvo himself pled out to the murders, accepting six life sentences.)

On this day..

2005: Brian Steckel, the Driftwood Killer

On this date in 2005, Brian Steckel was executed by lethal injection for a Delaware rape-murder.

Steckel got 29-year-old Sandra Lee Long to let him into her apartment on the pretext of making a phone call. (This was 1994, pre-cell phones.) Then he throttled her, sodomized her, raped her with a screwdriver, and set her bedroom on fire. Then he fled. (Long survived the immediate attack; she would die of smoke inhalation from the arson.)

Hours later, he called The News Journal identifying himself as the “Driftwood Killer” and threatening his next prospective victim by name. Police took that woman into protective custody and traced harassing calls she’d been receiving to Steckel, who obligingly confessed when arrested.

And investigators took Steckel’s threats at their word — as well they might with Long’s ghastly murder already under his belt — and counted themselves lucky to have nipped a potential spree killer in the bud. Steckel “thought about committing a murder for a long time,” New Castle County detective John Downs said. “We got him relatively early in his career. This was something he’d worked at.”

Fond of the drink and none too stable, Steckel menaced his own attorneys, spat at prosecutors, soaked up the media attention, and sent dozens of letters from prison, including Long’s autopsy sent to Long’s mother with a scribbled taunt reading “Happy, Happy. Joy Joy. Read it and weep. She’s gone forever. Don’t cry over burnt flesh.” He also made and retracted various dubious confessions to various murders in various states, and alternated between slandering his (known) victim and calling himself an “animal” for killing her.

If the evil was unfeigned, so was the remorse. At the end of his trial, he surprisingly addressed the the jury with an assent to his own execution.

I didn’t know how to say I’m sorry. How do you tell someone’s family you’re sorry for strangling them? … How do you do such a thing? I don’t know. I ask you people to hold me accountable for what I did. I’ve gotten away with so much in my life that I stand here today … I know I deserve to die for what I did to Sandy. … I’m prepared to give up my life because I deserve to.

He carried a like sentiment to the gurney, where he was apologetic to the victim’s mother he had once mocked.

I want to say I’m sorry for the cruel things I did. I’m not the same man I was when I came to jail. I changed. I’m a better man … I walked in here without a fight, and I accept my punishment. It is time to go. I love you people … I’m at peace.

At this point where the repentant felon ought to close his eyes and exit, an awkward 12-minute delay followed while the lethal injection machine clicked several times and Steckel remained lucid, appending his last statement with observations like, “I didn’t think it would take this long.”

While state officials denied there was any problem with the exceedingly slow lethal injection, Steckel did not appear to have been rendered unconscious, and was awake when he finally snorted and convulsed into death.

Attorney Michael Wiseman, pursuing a later lawsuit against the state’s death penalty procedure, claimed that the main IV line was blocked and when executioners switched to the backup line, they didn’t bother (pdf) re-administering the anesthetic sodium thiopental that forms the first drug of the basic three-drug lethal injection cocktail. That omission meant that Steckel would have been conscious when he was hit with a paralytic dose of pancuronium bromide, and still conscious when that was followed with an excrutiating heart-stopping shot of potassium chloride. (More on the process.)

Wiseman even got a member of the execution team to testify that he was “okay with” causing Steckel suffering owing to the bestial nature of Steckel’s crimes. (The source for this is the January 29, 2009 News Journal; the article is no longer available online.)

A federal circuit court rapped Delaware for “occasional blitheness” and “isolated examples of maladministration,” but rejected the lawsuit.

After a five-plus year hiatus following Steckel’s execution, the Blue Hen State resumed executions in 2011, switching for the occasion to the trendy new anesthetic drug pentobarbital since execution chambers can no longer get hold of sodium thiopental. Just like Brian Steckel.

On this day..

1858: Henry Jackson, in Decatur

On this date in 1858, a slave named Henry — property* of a local farmer named William Jackson — was hanged in Decatur, Georgia for attempted rape.

We have of this occasion a first-person account from a 16-year-old white neighbor of the Jackson farm, Catherine Hewes, and the impressions she recorded of it that evening are reprinted by John C. Edwards in “Slave Justice in Four Middle Georgia Counties” in the Summer 1973 Georgia Historical Quarterly. A few additional paragraph breaks have been added for readability, and [sic] notations where necessary either by myself or by Edwards; however, there are many other minor language irregularities not worth individually noting, and simply presented as-is.

The Execution of Henry Jackson a slave of William Jackson at Decatur Ga. at an early hour this morning I dressed myself and prepared to accompany my brother and Sister to Decatur, a beautiful village an [sic] the County site of DeKalb county Ga. As we lived four miles south of Decatur we crossed the Georgia R Road in sight of the village, where we stopped a few moments to enquire where the gallows had been located and were infomed that it was situated one mile north of the Court-house on the Shallow ford road.

By ten Oclock a great many people throned the streets, and clustered around the old weather beaten jail. Our little company had beome quite a respectable crowd before we reached the Public Square where we drove slowly through the immense mass of living beings. All along the way form the Court-house to the gallows Carriages, Wagons and carts were seen bearing on their living freight to the scene of the execution. The high and low the rich and the poor the free and the bond alike pressing forward to the gallows their desires of seeing the law enforced and crime meet its own reward.

After a slow tedious drive we arrived at the appointd place where the rough benches had been erected in an old field whos [sic surroundings were on the amphitheater order. For several hours I had been pleasantly situated and with good company which caused thime [sic] to pass by almost imperceptibly but when I was confronted by a “gallows,” the simple construction of which was two upright posts and a cross beam from the top of the posts I viewed it with horror.

My reflections gushed forth when my eye took in the surroundings. On one side of the gallows were the colored people and on the other side the white people who had gathered on the little hillock. It was quite gratifying to the feelings to see the willingness of slave owners to teach their Slaves an important lesson by sending them here to day. The gallows, yes here on this gallows ill-fated Henry, will have to give up his life for crime and go to his long home with God in eternity.

In the midst of my reflections I saw a vast crowd of people coming from Town toward the gallows[.] It was announced that “They are a coming.” and I looked and saw on [sic] Ox-cart coming on which rode the unfortunate Henry dressed in a suit of white sitting by the coffn which was to incase his lifeless form. They drove the Ox-cart near the gallows, then the drive unhitched the Sturdy oxen and proceeded to direct the cart by hand.

The Sheriff plased [sic] his guard and when the cart stopped under the gallows by the platform a negro man ascended the stand and sang Hymns. Many joined in singing aloud the praises of God, while I stood gazing on in amazement. At the conclusion of the Hymn he offered a very appropriate prayer which seemed to affect a great many. When he raised up from prayer he began exhorting the people from Acts 6-23 — “For the wages of sin is death, but the gift of God is eternal life through Jesus Christ our Lord.” [sic — she means Romans 6:23] When he had ended his discourse, the Rev. Jns. W. Yarbough got up and made a short, but very appropriate exhortation.

They closed the religious services, but the convict desired to speak to the people. His discourse was very affecting, so much so that some of the black women shouted praises to their immortal King. The mother of Henry screamed aloud and shouted with vehemence while her son stood on the platform speaking to the auditory. At the conclusion of his remarks the Officers began to fix for his execution. The Sheriff, Capt John Jones, a capital man, was very much affected during the Scene. They first tied his feet together, then his hands, and then adjusted his clothing. The Sherff then permitted him to look over the vast multitude which surrounded him for a few moments and then tied a white handkerchief over his face which excluded it from view.

The hangmans Knot was adjusted around his neck then the rope was passed over the cross-bar of the gallows[.]

All things read at 12 N the Sheriff descended the steps to the ground and with help drew the Cart on which the Convict stood from under him — leaving the dangling form of the poor victim suspended in the air by a rope. When the form dropped from the Cart, a loud groan went up from the people and then they people [sic] began to disperse.

After the untwisting of the rope and the shrugging of the shoulder had ceased the Dr. E N Calhoun (I believ [sic]) approached and took hold of the hand and after a few moments announced that life was extinct. We came back to town and staid [sic] a few hours, and while at the Old Washington Hotel Kept by Mr. Banks George, I saw the Sheriff Mr Jones bring the corps [sic] back and carry the coffin up a flight of rickety steps to the door of the second story of the jail and deposit it therein. Doubtlessly the Doctors will take advantage of this subject for anatomical investigation, and be found with sleeves rolled up chatting over the mortal remains of this deluded victim. We left town with Mrs Parker, masters Bob and Miss Betsy, and got home before night.

Cottage House DeKalb Ga.
Catherine M. Hewey
November 3, 1858

* Henry was William Jackson’s only slave, and the latter was not compensated by the state for Henry’s execution: it was a substantial loss to the master.

On this day..

1801: James Legg, crucified ecorche

On this date in 1801, 73-year-old James Legg(e) was hanged for murdering his mate William Lamb(e) at Chelsea Hospital.

Both men were pensioned ensigns from His Majesty’s service. According to the trial transcript, Legg was sinking into obvious depression. A nurse of long acquaintance remarked on

a lowness, a melancholy and deranged state; knowing him so long, I took the opportunity of asking him what was the matter with him, and the reason of his melancholy; he told me his mind was confused; that he had no rest night or day; that he was hurried from place to place, and could not tell what he was doing; and I really was afraid he would make away with himself; I was always unhappy when he was out of my sight, for fear he should do himself an injury; I never mentioned it to the doctor, because he was harmless … sometimes when I spoke to him, he would start like a person surprized out of a sleep; sometimes he would give me an answer, and sometimes only just a bow; I still observed that lowness and melancholy, and that his head was always confused down to the time of this unfortunate event.

Ah. The “unfortunate event.” Legg took it to mind that Lamb was “a tyrannical tempered man” who gave him “repeated insults” and challenged him to a duel. (Lamb’s widow, the only witness to the murder, said her husband had no beef with his killer.)

When Lamb quizzically (or scornfully) discarded the pistol that the irate Legg had forced into his hand, Legg just shot him dead.

He probably had no expectation that he’d just punched his ticket to artistic immortality.

Legg hanged exactly a month after the homicide. During the interval, three Royal Academy of Arts members — sculptor Thomas Banks and painters Benjamin West and Richard Cosway — pulled some strings with the Chelsea Hospital surgeon Joseph Carpue to get Legg’s body after death.

These gentlemen had an idea that centuries of artistic representation of Christ’s crucifixion were nonsense from a physiological point of view.


Giotto crucifixion fresco, c. 1300.

It was a natural outgrowth of Europe’s long fascination with anatomical accuracy — a fascination that made liberal use of executed bodies.

Despite the centrality of Christ’s crucifixion to western culture, nobody had seen an actual crucifixion — not for centuries. So, sure, you can make the guy on the cross look like a proportioned, three-dimensional human being …


Possible Michelangelo (otherwise, Marcello Venusti) Crucifixion with the Madonna, St. John and Two Mourning Angels.

… but is this really what a proportioned, three-dimensional human being would look like when nailed to a cross?

That Chelsea surgeon Carpue and his artist friends had the best way to find out. (Well … the second-best.)

“A building was erected near the place of the execution; a cross provided,” Carpue recorded. After hanging, “the subject was nailed on the cross; the cross suspended … the body, being warm, fell into the position that a dead body must fall into … When cool, a cast was made, under the direction of Mr. Banks, and when the mob was dispersed it was removed to my theatre.” West supposedly exclaimed that he had “never before seen the human hand” until he saw James Legg’s nailed and stretched.

Carpue proceeded to flay the cadaver and make a second cast from the grisly skin-less ecorche … an artistic/anatomical practice of the age whose best-known product is Smugglerius, also cast from a hanged man.

That latter ecorche still survives, and the despondent veteran James Legg’s last pose, hypothetically in the manner of the Savior, can be seen to this day the Royal Academy.

(Debate and experimentation over the particulars of an execution by cross also continue to this day.)

On this day..

1912: George Redding, making Emile Gauvreau’s career

On this date in 1912, investigative reporter Emile Gauvreau saw George Redding hanged at the Connecticut State Prison in Wethersfield.

“When I left the prison to write my story,” Gauvreau later wrote in his memoir My Last Million Readers,* “I found out why newspapermen drank and I had my first half tumbler of cognac.”

Gauvreau was 21 years old, and he wasn’t a pup any longer.

This hard-charging journo from a rough-and-tumbler age would later make a name for himself pioneering the lowbrow Big Apple tabloid style with his New York Graphic. (“The PornoGraphic”, it was nicknamed.)

And he made his bones for that classic career in newsprint — from high school dropout to cub reporter to the heights of the profession — by making bones of George Redding.

The case was the mysterious February 1912 murder of a Hamden produce peddler by the name of Morris Greenberg. Greenberg was lured to a wooded area en route to buy from a local farmer and shot dead there for his cash. Police were stumped.

Gauvreau at the time was busting hard at the police desk of the New Haven Journal-Courier (since merged into the New Haven Register). He took a page from Sherlock Holmes and went to work on the sensational case freelance … painstakingly eliminating Hamden residents until he was left with George Redding.

Redding was a young man on the make himself, a charming 21-year-old playwright who’d been throwing a lot of money around lately and was known to carry a sidearm.

Circling his friends and paramours, Gauvreau sealed the young man’s fate by laying hands on a damning confessional that Redding had sent a friend. Gauvreau even stage-managed the arrest so that he could shock rival papers and police detectives by breaking the whole story in his paper. All that was left for police was extracting Redding’s confession.

(According to Legal executions in New England: A Comprehensive Reference, 1623-1960, the perp at first denied the crime. “By the following day, however, there was a marked change in Redding. He said that Greenberg’s ghost had appeared to him in the night and so he dare not deny his guilt any longer.”)

* Quote via this Columbia Journalism Review profile.

On this day..

1885: George Miller, Inkster axster

This date in 1885 saw the hanging in Grand Forks, North Dakota* of 19-year-old farmhand George Miller for butchering his employer’s wife and child in order to loot the farmhouse while the patriarch was away.

For this terrible American Gothic crime, we turn to the American Press.

Miller was the first person hanged in North Dakota and the local Grand Forks Herald marked the date with a voluptuous recounting (occupying an entire page, plus two more columns on the next page) of the late scandal all the way to the felon’s scaffold accusation. Here it is, in its entirety …


In the middle of last January when all the earth was wrapped in a mantle of purity, an esteemed minister of the gospel, the father of a bright family of children and a devoted husband with a loving wife, resided on his prosperous farm in the township of Inkster, this county, surrounded with the 320 broad and fertile acres, horses and cattle and improved farming implements he called his own. His earthly possessions he had acquired by industry, thrift and economy, with the wifely assistance and the aid of the little boys and girl that had blessed their union. This gentleman was Rev. C. Y. Snell at one time minister of the Baptist church in Grand Forks, but who had, like nearly all settlers in Dakota taken advantage of his rights and acquired a farm, which had brought a handsome return. His summer’s work done, his grain garnered, he had sent three of his children to Grand Forks to acquire a good education in her public schools, and remaining at the farm, was his wife Abbie and little son Herbie, aged eleven, and the hired man George Miller, a young man of quiet demeanor, aged about 19 years, who had helped to garner the summer’s fruits and whom both Mr. and Mrs. Snell had implicitly trusted.

Thus situated on the 16th of January, Rev. Snell bade his wife and son good-be, little dreaming that the

SHADOW OF THE DEMON

was in his door and before another fortnight his loved ones would be prone, stark and mangled in the icy embrace of blood and horrid death. He went on his errand of good will to Mayville where he was engaged in missionary labor for his Lord and Master. On the 31st of January, two weeks after his absence, he received a telegram informing him of the doleful event — the murder of his wife and boy, and he hastened with bowed form and bleeding heart to the spot where the light of his joy had been ruthlessly extinguished.

OH RUEFUL SCENE!

The demon had done his worst! Have not the details of that heartless butchery been told again and again? Why not draw the veil upon the foul deed? The ghastly corpses of the innocent and unsuspecting sleepers — mother and son, hurled into eternity in a moment while taking the repose of the righteous — as found there by the neighbors a week after the tragedy — divulged the heartlessness of the assassin whoever he might be, and the thorough depravity of the soul that could impel the ruthless ax to deeds of death.

THE VILLAINOUS SHREWDNESS

with which the murderer had avoided suspicion was manifest in the fact that so long a time had elapsed before the discovery of the crime, and will be further apparent as the story progresses. He had been a companion of Henry Rutherford and to avoid immediate discovery, Miller the confessed criminal, had told the nearest neighbors that he intended to give Mrs. Snell a drive on Sunday and that he would haul wood the following week. Thus no suspicion was aroused until late in the week. Friday, Rutherford a simple, untutored laborer who lived alone at Bennett’s place about 60 rods from the Snell residence, thought it strange that there was no stir or animation about the place, and after finding the stock nearly famished, and watering it, alarmed the neighbors and the dreadful truth was discovered. The neighbors H.P. Reiton, Simeon, Miller, C.G. Gordon, Mr. Vietch, Henry Blakely and others found the dead bodies undisturbed and the rifled trunk with its empty money box and the robbed children’s bank just as the murderer had left them. Thus it was plain

THE MOTIVE WAS MONEY —

the sordid lust for gold that causes men to imperil their souls and makes of earth a probationary sheol for evil minds. Mr. Snell had sold considerable grain and when he left he took $300 with him, leaving some money, together with some keep-sakes and the children’s savings in the cash-box in the trunk. After he had gone, Miller sold more wheat and received from agent Holden $205, which he may have turned over to Mrs. Snell or not. But that the robbery of Mr. Snell in some way, was in his mind for a week before the crime was committed is shown by the testimony of Mr. Holden to the fact that Miller asked him a week before, whether he could deliver a load of wheat unknown to Mr. Snell and it further shows that the idea of robbery did not originated with Rutherford at a dance on the 20th of January, only four days before the murder as Miller claimed in his statement before the judge. It shows that the robbery was in contemplation by him without an accomplice and, being ignorant of the fact that Mr. Snell had taken $300 with him to Mayville, he doubtless committed the crime for more money that he received —

FLEEING FROM JUSTICE

After committing the crime, he hastily placed the ax beneath the bed, threw up the bedclothes over the faces of the dead, robbed the trunk of its keep-sakes, harnessed the best pair of horses in the stable, took Snell’s driving gloves and drove forty miles over the cold bleak prairie with the thermometer at 30 degrees below zero, arrived in Grand Forks at break of day Sunday morning in front of the Northwestern Hotel and ordered the team put away and his breakfast prepared. In the sled-box was an overcoat of the boy he had murdered which had probably been left there when the unsuspecting youth last accompanied him in the delivery of the wheat the proceeds of which he contemplated stealing. There was also left there the overalls which Miller had worn and upon which bright specks of blood had been discovered and whose dumb voices cry out testimony against the last black lie of the series which the obdurate murderer coined in the cell against poor simple Rutherford. With the team was Snell’s faithful dog, which followed the fleeing assassin. Upon his arrival here, he commenced a series of ingenious but

BASE COINAGES TO EVADE PURSUIT.

He told Powery, the clerk at the Northwestern Hotel, that he had come to meet his brother at the train and he might go to Winnipeg for a week. He also exhibited some gold pieces which he wanted changed, but the clerk had no change. The design of this story was too evidently to direct pursuit towards Winnipeg, if the team were soon identified as Snell’s. He soon walked off seemingly unconscious of any obligation to pay for his breakfast and next called at the Chicago clothing house, rousing Mr. Ephraim out of his late Sabbath repose. He told Mr. Ephraim a different tale. He was thrown of[f] his guard by the sharp questioning of Ephraim, while selling him the buffalo overcoat, black valise, pocket book, and other out-fit that later led to the capture and identification. He explained the possesion of his roll of bills, amounting to several hundred dollars by saying that he had sold a team of horses receiving $275 for it and intended to go to Turtle Mountain, thus evading the true objective point. He also got rid here of the tell-tale keep-sakes, the gold dollars which Mr. Snell had treasured for years, and the nickles, dimes and quarters which the little Snells had perhaps been years in gathering. Being shown the way to the barbershop of Mr. Kruger by Mr. Ephraim, after he had bought his disguise, he further changed his apperance by getting his hair cut close and his face shaved. Here he left the only clue to the direction in which he was intending to go, by inquiring whether a train left for Crookston, and up to the discovery of this fact by a HERALD representative, the officers seemed to be impressed with the fact that he had really gone to Winnipeg to which point as well as others they telegraphed as soon as it was learned that the team was left in this city. It must be remembered that it was not until the following Saturday that the tragedy was made known and in that time the murderer might have left the country, if he had not been paralyzed by his own wickedness and depravity. Learning at the barbershop that no train left for Crookston on Sunday, he walked to the station on the railroad track and bought a ticket for Fargo, displaying the new red pocket book to the agent. After spending a few days at Fargo among variety women, and having had his picture taken by a photographer, he went to Brainerd, Minn., where he stopped at the house of Malcolm McLaren for a few days more.


I’d be very surprised if our suspect was from Brainerd.

While at Brainerd, he associated with women of loose character and spent considerable money lavishing presents upon them. It seems that he met a female there whom he had formerly known in Iowa. At first he talked to Mr. McLaren about going into business. He wanted to do chores, when he learned that his money was nearly all gone. The St. Paul papers on Sunday morning following the discovery contain accounts of the murder with description of the hired man of Snells, but imperfect, as his disguise was not known, but when the statement of the Northwestern clerk about the gold pieces was published, Mr. Ephraim at once reported the Sunday morning transaction and it was thus that

HIS SIN FOUND HIM OUT.

His new outfit together with the way he had disguised himself were immediately telegraphed to the associated press by the HERALD and with it a statement of the reward offered. When the papers arrived at Brainerd, Miller had quietly decamped, realizing that he was too near the scene of the tragedy. But McLaren, an old detective immediately concluded that the fellow who had staid [sic] at his house was the person sought, and securing a deputization from the sheriff, he drew money for an indefinite trip, learned that Miller had boarded the train with a ticket for Anoka, and followed him up. On the same train went Hartley and another, bent on the same errand and watching McLaren. At Anoka, McLaren happened to strike the bus for the very hotel at which Miller was stopping and he now felt certain of

ARRESTING HIS MAN.

Miller was in his room and armed. McLaren knew the character of the brute better than the inexperienced who put any faith in his pretences during his last days. He concluded to wait till Miller came down, and while McLaren was at breakfast, he heard the murderer’s foot-falls on the stairs and entering the washroom. McLaren immediately left the table and coming up behind Miller with his pistol cocked arrested him, but as he did so, Miller laid his hand on the revolver in his hip-pocket, but the gun of the sheriff had the desired effect and he was disarmed. His attempt to get away from McLaren on various pertexts [sic] and his denial of all knowledge at the start are remembered. It was not until they were in the cars and coming back to Brainerd, that he

CONFESSED HE DID IT ALONE.

The way he happened to weaken was this, McLaren said to him, “Now you may as well tell all about it. I can tell you of a place in the forests where you will never be found, if you get away at the next station.” Miller then told his first story about how he was crazed with drink after being chid by Mrs. Snell, and killed her and the boy, and after getting over his stupor, and seeing what he had done, he stole the money and tried to get away. He reiterated this oft-told tale to Sheriff Jenks and others at Brainerd and again to reporters of Fargo papers, who managed to get up a considerable maudlin sentimentality for him. For prudential reasons, there having been a great deal of feeling that he should be given short shrift and a stout rope, he was kept at Fargo for several days, and finally brought here very quietly and lodged in jail. When it was known that he was in jail and likely to be tried speedily and executed according to law, popular excitement over the enormity of the crime subsided. The Rev. J.T. Davis and Rev. Snell, at an early day obtained an interview with Miller, and he reiterated the intoxication story as before in their presence, calling upon God to strike him dead if his story was not true. He also as positively stated to the gentelemen that he alone did the crime and no one was concerned with him in it.

It was not until after the Grand Jury had found a bill that this mild, child-like and bland assassin,

CHANGED BASE.

He then asserted that Henry Rutherford was with him, concocted the idea of robbery and urged it against his wishes, until he was finally persuaded to connive and assist, although Rutherford he said, actually did the horrible deed, while he did the running away to South America. In the face of his former statements this story only seemed to aggravate his villainy. However, able counsel, Judge C.B. Pratt, was assigned him and every thing that legal subtlety and experience could avail, was rallied to save his neck from the law’s penalty. The people, however, were fortunate in having so learned and able a coadjutor as District Attorney W.A. Selby and so just and firm a judge as Hon. W.B. McConnell; for, notwithstanding the able, artful and persistent defense made by Judge Pratt, justice was vindicated. Upon the defendant’s own plea of “guilty,” ascertained, verified and corroborated by all the witnesses, who fully and completely exonerated Rutherford from the suspicions cast upon him, and satisfied the conscience of the court, sentence of death was passed upon him and his appeal to the higher court sent back with an approval of the action of the District Court. His statement to the Judge, when informed of this action, suggesting some new matters not before mentioned, is still fresh in the recollection of everybody.

The last few days of his life seemed to have passed by him in a happy, careless, indifferent and easy frame of mind. He talked freely about his own execution, expressed no great sorrow or penitence for, at least the part he played in the atrocious crime, but pretended that he was glad the end was so near. His spiritual advisor, Rev. F. Doran conversed and prayed with him and did all in his power to turn his thoughts towards that awful Judge who hath decreed that “whoso sheddeth man’s blood, by man shall his blood be shed.”

HIS LAST NIGHT

on earth was uneventful. About eight o’clock he was left alone for a time in his cell and was seen from Bruce avenue to perform various antics, rising suddenly from his chair and jesticulating wildly with his arms as if again swinging the baleful ax which brained his helpless victims. He was restless and this has been observed that when left to himself and his thoughts, he was not the calm, self-possessed person he appeared to be when in the presence of visitors. During the evening, Rev. Snell had an interview with him for about an hour and a half. The prisoner claimed to others that he had succeeded in persuading Mr. Snell of the correctness of his last story. He was set up with by Deputy Sheriff Ackerman and others until after midnight. At one o’clock he retired and at 7:30 this morning he arose apparently refreshed. He ate a hearty breakfast consisting of beefsteak, potato, cake, etc. His cell has a window pane out and the wind being in the south, Miller was cold and was brought down into the office where he smoked a cigar, one of a number left him some days ago by some women who called upon him and were recognized by the prisoner as old acquaintances. The district attorney was present and inquired further about portions of Miller’s statement made to Rev. Doran. Presently Sheriff Pierce of Nelson county and friends came in, also County Commissioner Steele, Henry Rutherford and Mr. Vietch. Rutherford was told that Miller still insisted upon his story and was asked what he thought of it. He said, “then Miller lies. That is all.” Soon after an interview was had between

MILLER AND RUTHERFORD

in the presence of District Attorney. Miller said to Rutherford: “You know you had a hand in this thing as I have said.” Rutherford, without any trepidation replied: “It is a lie and you know it. I don’t like to be lied about.” Subsequently the statement in the nature of a history of his career and the crime was read in the presence of Rutherford who said nothing. When asked about it, he said it was “no such thing. It was all a dang’d lie!” When asked about the part in which Miller alludes to the false mustache, Rutherford said he had such a mustache but did not think Miller had ever seen it. He said he kept it in his trunk and described it to the district attorney corresponding with the description given by Miller. This circumstance and one in respect to changing wagon boxes, also a statement now made that the Snell stock was not famished, although the witnesses testified that it was, were industriously emplyoed [sic] last night and this morning to weaken the district attorney and cause him to apply for the respite of Miller. Mr. Snell himself after his interview with Miller last night seemed to have been influenced by his story and urged and begged the district attorney to intercede for Miller. Mr. Selby said he could do nothing unless Mr. Snell or some one on his behalf, would swear that Rutherford was an accomplice, when he would take such action as was proper in the cause of justice. Up to noon, Snell had done nothing of the kind. There was also pressure brought to bear from various sources to effect the same purpose, but none were willing to assume any responsibility.

THE LAST HOUR

was spent in the parlor of Sheriff Jenks with Revs. Currie and Doran who administered all the Christian consolation the solemnity of the occasion could afford. They talked to him, prayed for him and he himself made a fervid prayer. His nerve maintained his head erect to the end, which did not seem to fear.

ASCEND THE SCAFFOLD.

At 1:30 accompanied by Sheriff Jenks, he ascended the scaffold. The Sheriff suggested that if he had anything to say he should speak. Miller stood with the rope almost danging in his face, his hands clasped, and his body slightly bent. About two feet in front of him stood Henry Rutherford who, during Miller’s 15 minute talk, kept his gaze firmly fixed on Miller’s face. Rutherford looked like a person suffering great mental strain and slightly changed color at times while Miller was speaking, but his eyes never flinched. Rev. Mr. Snell occupied a position to the left of Rutherford, almost touching him and when Miller alluded to Rutherford’s alleged connection with the murder, Mr. Snell gazed almost fiercely into Rutherford’s face, Rutherford meanwhile keeping his eyes fixed on the doomed man. C.B. Pratt, Miller’s counsel, during the recital of the murderer’s statement, watched Rutherford closely.

Miller spoke with apparent effort and several times during the recital of his story had occasion to put his handkerchief to his eyes.

HIS LAST WORDS.

Gentlemen: — I am accused of the crime of murder which I did not commit. I have not committed murder. I was in company with the party and gave my consent, but gentlemen, I never committed the murder myself.

On the 30th day of January I was in Inkster with Mr. Rutherford. He and I sold 100 bushels of Mr. Snell’s wheat and we divided the money. That night we got home between eight and nine o’clock and Rutherford asked me how much wheat Mr. Snell had and I told him over 200 bushels besides a few loads which I had drawn. He wanted to know how much money was in the house and I told him as near as I could. He wanted to know how we could get it and I told him we could chloroform the folks and get it and he said he would do it. The 22nd, 23rd and 24th we were hauling grain to town and we talked again about getting the money. That night I went down to his house to supper and Mr. Blakely came in and that stopped our talk there. I went to Mr. Snells and that night I had a long conversation with Mrs. Snell and when it got about bed time I went to my room with my lantern and sat down on the bed and pulled off my rubbers when I heard a knock at the back door and went and opened it and Rutherford sad, George are you ready to do that? I said no, I hae had a long talk with Mrs. Snell and she is so good and kind to me that I cannot do it. He says you said you would do it and now you got to do it. He said dead folks tell no tales. He said he would do it and handed me a mustache to put on so folks would not know him and took the axe and went in and I went to the barn and harnessed one horse and was just putting one collar on the other when he came out and said, hurry up George I have done it. I tied the horse and I went in and found them dead. He says hurry up let us get away before anyone happens to catch us moving around so he hurried and got the team hitched up and I went to the house and got the money and gave him an even $100 and took $115 mysel and got what clothes I wanted. I wanted to change my clothes and put on a white shirt, but he said hurry up for I could get what clothes I wanted at Grand Forks. He brought the team up and tied them and I got what things I wanted and he helped me fasten up the storm door. He wanted me to go direct to South America and go right through. Said for me to write him when I got there and he would write me the circumstances here. At this ponit Miller was overcome with emotion and stopped a while.

Now gentlemen, every word hat I have told you is true and now as dear as that family was to me, I never could have consented to murder them as I was used there as their son. I was always treated well; they thought the world of me and I did of them but by the hands of another man’s deed I am to be hung and I am going to my grave and I am thankful that I can trust in God and feel that my sins have been pardoned.

And now I feel that the other party shall receive the same punishment that I have. It is not because I am down on him and it is not for malice but it is just what should be done. As dear and as good as that family was to me I could not go in and murder them. But thank heaven I am willing to die. This world would be no pleasure to me after this and I do not want to go to penitentiary. I am better satisfied to go to my grave. I am fully satisfied and feel that what has been done is just, as that family always used me like a son, always good, always dear in every shape, never refused me money, never refused me anything.

Now, gentlemen, I want you all to remember that this is the truth and nothing else. I won’t meet you any more in this world face to face but I hope we can all meet in the world to come.

When Miller had finished Henry Rutherford turned to District Attorney Selby and asked that he might make a statement of denial.

ADJUSTING THE ROPE.

Sheriff Jenks, who occupied a position on the scaffold just behind Miller, then approached and commenced binding the wretche’s [sic] hands and limbs with straps, and while placing the cap, which was of brown worsted, Miler again commenced to speak, and even while the sheriff was placing the noose around his neck Miller asked his executioner to say “good bye” for him to his friends.

THE DROP.

Barely a second’s time had elapsed from the moment the noose was adjusted before the trap was sprung, so adroitly and neatly did Sheriff Jenks do his work. Miller’s body shot down at 1:45 o’clock with a sickening thud, his neck being broken by the fall. A few moments after the drop the body quivered and the legs were slightly drawn up several times. Life was pronounced extinct 15 minutes after the fall by Coroner Roundwell and at 2:10 the body was cut down and carried into an adjoining cell, where the straps were removed. Shortly afterwards undertaker Caswell took charge of his remains which were interred this afternoon in the cemetery among the unknown sleepers. Thus ends this chapter of the bloodiest and most heartless murder in the annals of Dakota and the murder’s just doom, should be a warning to all evil-doers that there is no mercy for the slayers of the innocent.

MILLER’S STATEMENT.

Following is a statement prepared by Miller and given to Rev. Doran several days since. He swore to it this forenoon before Judge Cochrane, in presence of several gentlemen.

TERRITORY OF DAK.
GRAND FORKS, Oct. 30, 1885.

The last statement and confession of Geo Miller, before his execution in Grand Forks, Oct. 30, 1886.

TERRITORY OF DAK.,
COUNTY OF GRAND FORKS.

I, George Miller, was born in Toledo, Ohio February 17, 1866. My father and mother are both dead; about 12 years ago my mother died and my father 2 years later; have one brother, four years older than myself named Frank, two sisters both younger than I, two and four years; father was Bohemian; mother French; came from Iowa to Casselton last June, 1884, remained there 2 days; from Casselton to Larimore, arriving about the 13th of July, 1884, left there on the 11th, arriving at Mr. Snell’s that evening; at the expiration of four months hired to him for $30.00 a month; never refused to pay me; liked the family; first got acquainted with Henry Rutherford in Mr. Snell’s harvest field. He and I thrashed wheat together in August, 1884; often I met him at Mr. Bennet’s place in the evenings and was with him all through thrashing. Had hauled wheat once or twice before the dance by Brothrs [sic?] Bogs and also by Rutherford; went from Rutherford’s house; I furnished the cutter and he the horse; went together; he and I began to drink together; on the 1st of January took four or five drinks together that day in three different saloons and each took a pint of liquor home with us. The next day Rutherford went to Inkster; came back to “Vietches” where Mrs. Vietch was doctoring him, when Mrs. Snell and Essa Vickery saw him and told me that he was drunk; drank almost every time we went to Inkster; on the 20th of January, 1885, we sold five sacks of Mr. Snell’s wheat; I had 35 sacks of Mr. Snell’s wheat; Rutherford had 20 sacks of his own, we called it 10 bushels; spent most of it for liquor and cigars; changed sacks between the livery stable and saloon; he gave me half the money.

The dance was on Tuesday, the 20th of January; got to the dance about 8 or 9 o’clock, left about 3:30 a.m.; Rutherford asked me how much wheat I had hauled off; told him over 2000 bushels; he asked how much money there was about the house; I told him 6, 7, 8 or 9 hundred dollars; he said can’t we get it; I did not think we could, the trunk was too near the bed; he said we could kill the folks and get it; I did not want to do that, I said wait until we go to town and get some chloroform; Rutherford did not want to do this for fear we would be caught; nothing more was said about it for two days; coming from town I rode with him; he asked me what I thought about what we had talked about; told him it was not right to kill them for a little money;


And for what? A little bit of money.

he said we must work some plan to get it; I told him nothing must be done at this time. Nothing more was said until the Saturday it was done; we went to town together and on returning, when about to separate to go to our homes he asked me to come over that afternoon and help him sack up wheat, I told him I would; he said we would talk over this other thing, referring to the money of Snell’s.

In the afternoon I went over and we worked at the wheat and made all the arrangements to kill the folks; I was to leave with the team either for Larimore or Grand Forks and then take the first train for South America, we were both to go in and do the killing, I stayed at Rutherfords for supper, Harry Blakely came to call on Rutherford, we stayed and talked until eight or nine o’clock, then I started hom and Rutherford and Blakely started to go to Abner Veitches. I went to Mr. Snell’s and did the chores, Mrs. Snell was pleasant and talked pleasant, the last thing I did was to bed the horses and nail up the granary, that was about ten o’clock at night, I then went to the house and whittled my shavings and left them by the stove, pulled my rubbers off my felts and went into my room and set down on the front side of my bed, and was just going to pull of[f] my felts when Rutherford knocked at the kitchen door, I went to let him in, he says are you ready to do that, I told him no I was not, he said it had to be done, you gave your consent at the granary, “dead folks tell no tales.” I said if you want to do it you can, I won’t, he says all right, get me the ax, I went out and got it and when I gave it to him he pulled a false mustache out of his pocket and told me to put it on him, it was black and fastened in the nose with two wires, he had on woolen mittens. I think I got my coat, cap and mittens from the dining room and went to the barn while he did it and had one horse harnessed when he came out and said hurry up I have killed both of them, let us [get out of] the place before anyone sees us moving around, he led out one horse and took the other and hitched on to the sleigh, drove to the front door to hitch both horses, we both went in the house, I went into the bed room and got the money and took it into the dining room and divided it. He had $100, two $20, one $10 and one $50 bill, I had one hundred and fifteen dollars, he put his in his pocket and I put mine in my coat pocket, then I went into the bed room and changed coat and vest, then I got my overcoat and scarf and a large pair of mittens, fine boots and overshoes and handed them to him to carry to the sleigh for me. I took two or three blankets off my bed and took them with me. I got the key and locked up the door, he held up the storm door while I put the blocks against it, we got into the sled and rode up to his corner, he told me to go to South America, I told him I would, when he got to the corner we stopped and bid each other good-bye by shaking hands, he said as soon as I got there I was to write to him and he would let me know how things were, I told him I would.

GEO. MILLER.

Signed in the presence of

JAMES A. JENKS.
GEO. B. WINSHIP

TERRITORY OF DAK.,
COUNTY OF GRAND FORKS.

I, George Miller being first duly sworn on his oath says that I have heard read the foregoing statement by me subscribed and know the contents thereof and the whole thereof and that the statements therein made are true of my own knowledge.

GEO. MILLER.

Subscribed and sworn to before me this 30th day of October, 1885.

J. M. Cochrane,
Judge of Probate.

* At the time, not North Dakota but the Dakota Territory; North and South Dakota would attain statehood four years later.

On this day..