Category Archives: USA

1912: Four blacks lynched in Hamilton, Georgia

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By dint of the grueling publishing schedule, this site is rarely equipped to follow as deeply into the wilderness as one might like the trailheads uncovered day by day.

Today is 101 years since a lynching in Hamilton, Georgia that made national news and is just pregnant with curious little details that seem like they ought to attract an enterprising researcher.

The four, whose names are conflictingly reported, were tenant farmers of Norman Hadley, described as “a well-to-do unmarried farmer.” Some days before, Hadley was killed with a few .32 and .38 caliber gunshots through a window while sitting home alone.

Why were these four promptly arrested? What was known or believed about their probable grievance against Hadley — especially given the inclusion of a woman? We know that some topics of race relations were taboo at this period, and the bare facts seem suggestive of a much richer background where the nearby Columbus Enquirer-Sun only murmurs that “it was known that he [Hadley] had had some trouble with these negroes.”

Professing himself ignorant of any stirring popular violence — even though the superior court had only just announced a hurried special sitting so that it could try the case with speed lest vigilantes do what they ultimately did — the local sheriff blithely absented himself from town on the night of the 22nd. Would he have done that were he not Norman Hadley’s uncle? Late that evening,

[The crowd] advanced on the jail and throwing [the jailer] to one side broke the doors down. The terrified negroes were hustled out at the point of guns and marched outside the town. There they were quickly strung up. Immediately their writhing bdies became silhouetted against the sky, revolvers and rifles blazed forth and fully 300 shots were fired before the mob dispersed and left its prey to the winds.

The “prey” — all four of the prey — protested innocence every step of the way.

Whatever was abroad in the town, the wire stories that carried this lynching into press runs around the country found “no motive for the killing of Hadley” that “can be advanced by people here.” But they were absolutely certain: the sheriff had said during the preceding week that the accused were all trying to put the blame on one another, but that “it is not known why the negroes, or whoever killed him did so.” (Columbus Ledger, Jan. 18, 1912) So the interrogation never got around to why?

Whatever skeletons were in Harris County closets, the story’s national import was helped along by the near-simultaneous release of a study indicating that the state of Georgia had contributed a quarter (19 out of 71) of the previous year’s lynchings. It fit the narrative, as they say.

The African-American Savannah Tribune, as one might imagine, editorialized indignantly (Jan. 27, 1912):

The lynching of the four Negroes, one woman and three men, at Hamilton, Ga., on Monday night to avenge the death of a prominent white farmer, which was supposedly committed by the victims, was one of the most brutal and wanton crimes ever perpetrated in this state. There was not even the usual confessions of the unfortunate victims given out, in fact they professed their innocence to the end, but the mob was bent on taking their lives and therefore carried out their murderous intentions. The case was as follows: On last Sunday afternoon the man, who was murdered, was sitting in his home alone, a shot was fired through he window and he fell dead. That afternoon four Negro tenants were arrested charged with the murder and the next night they were taken out and lynched. The sheriff, who was uncle of the dead man feared no lynching and took a trip to Columbus, Ga., and in the mean time the Negroes were seized and put to death. Even circumstancial evidence against the Negroes was slight but they had to die to appease the wrath of the mob. Surely such crimes cannot much longer continue without some effort being put forth on the part of the law abiding citizens to stop them. Such dastardly crimes as this are indicative of the low value which is placed upon human life, especially if the life be that of a Negro.

The tone of moral outrage contrasts rather markedly with the Columbus Ledger‘s “let the law take its course” demand for a more orderly hanging scene.

The Hamilton Lynching

Law abiding citizens of Harris county have doubtless been made to blush with shame at the result of last night’s lynching, which cannot but be condemned by all lovers of good government.

Residents of that county were justly wrought-up over the killing of one of their prominent young citizens and punishment for the guilty party or parties could not have been too severe. But the law should have been allowed to take its course.

Judge Gilbert of the Chattahoochee circuit had, upon urgent request of the citizens of Harris, called a special term of the superior court of that county to investigate the case and give the four negroes a speedy trial, that justice might be meted out witout delay, and it appears that everything possible had been done to bring about the apprehension and speedy punishment of the blacks who murdered young Hadley.

Therefore, it seems to the Ledger that there was absolutely no excuse for the acts of last night.

These men may have put to death the guilty parties, or they may have lynched several innocent blacks. They doubtless feel confident that they got the right negro, but have they assurance of this fact?

Law-abiding citizens cannot endorse the acts of this mob, and we must condemn the incident, or any other which tends to disregard law and disrupt government.

Less sentimental still — the heartless progressivism of economy — was the Ledger‘s reasoning on Jan. 26.

Lynching and Business

Lynching has a business side. Most of us have considered more or less the other aspects of it — the breaking of law, creation and increase of a spirit of lawlessness, the turning back of civilization and the taking of human life, without warrant or justification, which is plain murder.

But, lynching has a business side, which is worth consideration at this time.

…

In other sections the South is regarded by literally hundreds of thousands of otherwise well-informed people as a country of miasma, fever, laziness and lynching …

Day after day, wee after week and year after year, Southern newspapers and other influences that are devoted to the best interests of the South hammer away at this misinformation about our section in efforts to dissipate it. bout the time they seem to be making some headway along comes a lynching or a massacre, like that in Harris county, and the people of other sections believe that their first opinions and ideas were right and have been confirmed. And most assuredly they hae a reason for thinking so.

Just now the South has opportunities that it has never had before. For many years the tide of home-seekers and the trend of capital seeking investment has been westward … [but they are now] turning to the South — and it should be remembered that there are more homeseekers and investors in this country than ever before.

But mob rule, lawlessness, ruffianism and murder will not attract them. Even the leader of a mob would hardly want to move to a lawless section of some other part of the [coun]try. No man who has sense enough to make money to invest would buy property in a section in which the law is so disregarded, for robbery is a lesser crime than murder.

If Harris county alone should suffer for the massacre that has been permitted in the shadow of its courthouse, the balance of us would have little to say. But Harris county will not be the only one to suffer. Muscogee will suffer and so will every county in Georgia and so will the whole South.

It is about time for people in this part of the country to look the matter squarely in the face from a business view point.

On this day..

1894: Albert F. Bomberger, for the Kreider family murders

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

On this day in 1894, Albert F. Bomberger was hanged in the four-year-old state of North Dakota for the gruesome mass murder he’d committed the year before. His execution within sight of the Kreider home where he’d slaughtered six people (and raped a seventh) went off smoothly, but it almost didn’t: when the trap was sprung, his feet were only six inches above the ground.

Born in Pennsylvania in 1871, Bomberger left home as a teenager and worked his way west. At some undetermined point, he was hired to work on the Kreider on a farm southeast of Cando, North Dakota, a job that came with his own room within the farmers’ home. Bomberger was apparently a relative of some sort, and hailed from the same part of Pennsylvania the Kreiders were originally from.

The Kreider family was a large one. Besides Daniel S. Kreider* and his wife Barbara, there were eight children: sons Aaron, 12, David, 7, and Henry, 3, and daughters Annie, 15, Bernice, 13, Murby, 11, Mary, 9, and Eva, 5.**

Bomberger became infatuated with the eldest daughter Annie and would not be put off by her rebuffs. After midnight on July 6, 1893, he sneaked into her bedroom, which was next to his own; Annie kicked him out and threatened to tell her parents if he didn’t quit bothering her. Bomberger slunk back to his bed, furious and humiliated, and plotted revenge.

On the morning of July 7, Bomberger found Daniel Kreider asleep in bed and shot him with a double-barreled shotgun.

Then he went down to the kitchen where Mrs. Kreider was fixing breakfast and shot her to death as well.

And last, he penned up Annie, Aaron, Eve and Henry in his bedroom.

With those kids locked up, Bomberger tracked down Murby, Mary and David, and blasted them with a single load of buckshot each.

13-year-old Bernice attempted escape by jumping out a second-floor window and running for help. Bomberger caught her, and she cried and begged to be allowed to see her family again. He obligingly took her inside, showed her each of the dead bodies (Mary turned out to be still alive, so Bomberger slit her throat), then then shot Bernice dead at close range while she cowered in the corner with her hands over her face.

While Bomberger was thus occupied, Aaron, Eva and Henry escaped his room and hid elsewhere in the farm. The murderer wasn’t interested in them anyway; he turned his attentions to Annie. He raped her in her bedroom, took her to the barn, raped her again and then forced her to make his breakfast, give him $50, and pack his lunch.

Bomberger then tied Annie up, put her in the barn’s loft, saddled up and rode straight for the nearby Canadian border on one of the children’s horses.

He did make it to Manitoba, but that didn’t stop Cando’s sheriff from hopping the 49th parallel himself to arrest the murderer. Bomberger had little to say for himself. He seemed indifferent to his fate and, when asked to explain why he’d committed such a horrific crime, blamed booze.

He even pleaded guilty: the entire court procedure lasted fifteen minutes.

Almost 120 years later, amateur historian R. Michael Wilson would say that, of all the criminals he’d written about in his extensive studies of crime in the western United States, Albert Bomberger stood out as one of the most horrible.

The dead Kreiders were buried together in one grave at a Mennonite cemetery in their home state of Pennsylvania. Some 15,000 people attended their funeral. The murder farm was sold at auction; the house where the murders took place burned down in 1917.

As for the surviving children, they stayed in Pennsylvania after the murders. Annie married, had at least two children and lived a long life: she died in 1960, age 82.


Um …

* The brother of future Pennsylvania Congressman Aaron Kreider (R).

** Various sources give them different ages; these are the best estimations I could make. It’s also worth noting that Murby’s name is occasionally given as “Merby” or “Melby” and Bernice may be called “Beatrice”. I’m going with the names as they were listed in the cemetery records, but those could well be wrong.

On this day..

1863: Mangas Coloradas, Apache leader

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One hundred and fifty years ago, day to day,* the Apache chief Dasoda-hae — better known as Mangas Coloradas, “red sleeves” — was extrajudicially executed by U.S. Army soldiers at Fort McLane, New Mexico.

This legendary Apache statesman’s nickname was Spanish, because he’d spent the 1830s and 1840s fighting Mexicans seeking bounties on Apache scalps. Indeed, when the U.S. in 1846 attacked Mexico, Mangas Coloradas gave U.S. soldiers safe passage through Apache territory, and subsequently signed a treaty with the victorious Americans. (There’s a handy map of the scene in this pdf.)

He did his utmost to keep relations with the gigantic industrial society on his borders safely diplomatic, but over the 1850s Apaches spiraled into conflict with aggressive Anglo settlers drawn by the call of gold. In 1861 Mangas Coloradas married his daughter to another Apache chief, Cochise. These two were able to keep whites at bay with raids for a short time (and given a big assist from the resource diversion of the Civil War). But there was only one way this was going to end.

In January 1863, Mangas Coloradas — about 70 years old and still alive to the impossibility of long-term success by force of arms — arrived under a flag of truce to negotiate a ceasefire with Brigadier General Joseph Rodman West. West had him clapped in irons instead, and let his soldiers know exactly how to handle their prisoner.

Men, that old murderer has got away from every soldier command and has left a trail of blood for 500 miles on the old stage line. I want him dead or alive tomorrow morning, do you understand? I want him dead.

That night, Mangas Coloradas was tortured with red-hot bayonets and shot “trying to escape.” The Apache Wars would expand calamitously in the years to come.

The army medical officer David Sturgeon took the Apache’s scalped head (they scalped him, too), eventually bringing it to Ohio after he left the service. Sturgeon finally presented his prize to Prof. Orson Squire Fowler; Fowler examined it and published a description in his 1873 work Human Science: Or, Phrenology: Its Principles, Proofs, Faculties, Organs, Temperaments, Combinations, Conditions, Teachings, Philosophies, Etc., Etc..**

The fate of this horrid trophy after it passed through Fowler’s hands is a mystery. It’s rumored that the Smithsonian received it, and perhaps surreptitiously got rid of it; while the institution has always denied ever having the skull of Mangas Coloradas, it is a fact that the Smithsonian collected and still possesses an alarmingly enormous trove of Native American remains.

* It appears to me that Mangas Coloradas entered into army custody on January 17, and was shot just about midnight that night: the exact moment of the incident could be either the 17th or the 18th. An eyewitness account from one of the soldiers on night watch describes giving over the watch to George Lount until midnight. When the first watchman returned at that time, he noticed that “Mangas arose upon his left elbow, angrily protesting that he was no child to be played with. Thereupon the two soldiers [who had been torturing Mangas], without removing their bayonets from their Minie muskets, each quickly fired upon the chief, following with two shots each from their navy six-shooters.”

** What did the skull-measurer make of his prize? “It bulges out at its side in the region of Secretion, Caution, and Destruction, beyond anything I ever saw. Cunning is his largest organ, and far exceeds any other development of it I have ever seen, even in any and all Indian heads. It is simply monstrous. Yet Destruction also far exceeds any other development of it I ever saw …

“Conscience and Worship are unusually large, both absolutely and relatively, which coincides with the scrupulous fidelity with which he kept his promises. He doubtless thought he was but doing his duty in avenging the injuries white men had done to his tribe, by torturing and killing them. He must also have been a devout worshipper of the Great Spirit and extremely superstitious. Benevolence is very poorly developed indeed.”

(Mangas Coloradas actually was a very tall man with a very large head: a number of accounts attest to this.)

On this day..

1864: Five Virginia City road agents

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The frontier town of Virginia City, Montana, saw a quintuple hanging on this date in 1864, authored by the local vigilance committee.


(cc) image from Rich Luhr of the hanged men’s gravestones at Virginia City’s Boot Hill. (It’s one of several American West cemeteries known as “Boot Hill”)

A miners’ boom town since prospectors struck gold nearby the previous year, Virginia City was even, briefly, the capital of the Montana Territory.

For order, it depended upon a Vigilance Committee of local grandees … and that committee had just days before carried out the hanging of Henry Plummer, the sheriff of the nearby mining town of Bannack and a reputed outlaw gang boss.

Plummer’s supposed “road agents” did the wilderness-trail robbery act familiar of the western milieu, but on a nearly industrial scale: it was suspected that “horses, men and coaches” traveling around Bannack and Virginia City were systematically “marked in some understood manner, to designate them as fit objects for plunder.”

The next act in the Vigilance Committee’s confrontation with these highwaymen and bywaymen was to bust up the Plummer network by seizing and hanging five supposed road agents on this date.

The evidentiary basis for these conclusions was varied, and in most cases less than what you’d call ironclad; the club-footed cobbler George Lane was thought to be marking stages for outlaws to hit, but the crippled rancher Frank Parish? Or Jack Gallagher, who wasn’t even on the list of wanted road agents the vigilantes were working from?

(The Vigilance Committee’s Parish Pfouts would record in his diary “that every man executed by the Vigilance Committee at that time was proved to be a murderer or highway robber.” The unsavory whiff of lynch law notwithstanding, those vigilantes have not wanted for latter-day defenders.)

This text summarizes all the accused men’s backgrounds, including the colorful Boone Helm.

Upon the Vigilance men’s summary and predetermined judgment, the quintet was marched down the street to a then-unfinished log structure and strung up on an inside beam.

That log store can still be seen in Virginia City, where it’s kitschily advertised as the Hangman’s Building.

On this day..

1951: Harley LaMarr, dutiful son

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On February 12, 1950, Buffalo socialite Marion Little Frisbee* was discovered in a frozen ditch in a suburb 12 miles outside the city, a .32-20 rifle bullet through her left temple.

Within 24 hours, a 19-year-old Native American** youth named Harley LaMarr had been caught at a boarding-house and copped to the crime.

While the coroner did report an “attempt at criminal assault,” the motive for Frisbee’s abduction/murder had been robbery. Harley LaMarr needed money because his mother, Amelia Palwodzinski, had had a fight with her second husband the month before. In the course of that fight, she planted a butcher’s knife in the man’s chest.

As Amelia went off to serve a 30-year stretch for manslaughter, she made her boy Harley promise to give the victim a decent burial. Harley had no money: he did have a .32-20. He took it to a tony part of town and waited for an opportunity.

Marion Frisbee’s purse netted him about $6. He didn’t bother taking her diamond ring because, he said, he just wanted cash for the funeral. Harley insisted the gun went off by accident: the jury in a four-day trial that April didn’t buy it.

The day before Harley LaMarr’s electrocution at Sing Sing on January 11, 1951, the Empire State’s prison officers brought his mother from Bedford Hills a few miles down the road to death row for one last goodbye with her tragically dutiful son.

The youth met with his mother for 20 minutes after authorities brought her from Bedford Hills.

They spoke together in low tones. The woman took a long last look at her son and walked away from the visiting cage dry-eyed.

“Thank you for coming, ma,” the youth called after her. (Source (pdf))

* No relation to the flying-disc fortune; that “Frisbee” was only trademarked in 1958. Marion Frisbee was just the wife of a local salesman with the Queen City Pure Water Company.

** Amelia was white; Harley’s father was Native American.

On this day..

1879: Benjamin Hunter, in the Hunter-Armstrong Tragedy

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(Thanks for the guest post to Robert Wilhelm of the Murder By Gaslight historic crime blog, and author of the book Murder And Mayhem in Essex County. Executed Today readers are sure to enjoy Wilhelm’s detailed investigations into long-lost historic crime. This post, reprinted with permission, first appeared last February on Murder By Gaslight. -ed.)

John Armstrong

The night of January 23, 1878, a man was found on the ground with a serious head wound, not far from the home of Ford W. Davis in Camden, New Jersey. Near the wounded man, a hammer and a hatchet were found, each marked with the initials F. W. D. The man was identified as Philadelphia music publisher, John M. Armstrong and when it was learned that he owed Ford W. Davis a sizeable amount of money, Davis was arrested. But Armstrong also owed $12,000 to Benjamin F. Hunter who had insured Armstrong’s life for more than double that amount.

Date: January 23, 1878

Location: Camden, New Jersey

Victim: John M. Armstrong

Cause of Death: Blows from a hammer and an axe

Accused: Benjamin F. Hunter

Synopsis:

Benjamin Hunter

Armstrong was taken to his home in Philadelphia, across the Delaware River from Camden, to be treated for head wounds. As a friend of the Armstrongs, Benjamin Hunter was among the first sent for by the stricken family. In the guise of helping, Hunter suspiciously rearranged the bandages on Armstrong’s head, reopening the wound. But when Armstrong died, Ford Davis was charged with his murder.

Some days later a young man named Thomas Graham was drowning his sorrows in a Philadelphia saloon. Laden with guilt, Graham made statements about the Armstrong murder that were incriminating enough to have him arrested. In jail, Graham made a full confession. Graham was an employee at Benjamin Hunter’s hardware concern and Hunter had offered him $500 to kill John Armstrong. Graham was in need of money and readily agreed.

They made a plan and set a date for the murder and Hunter made arrangements to be in Virginia that day. But Hunter returned to find Armstrong still alive — Graham’s nerve had failed him. Undaunted, Hunter came up with a more detailed plan to murder Armstrong. He gave Graham a hammer which bore the initials F. W. D. then had Graham mail a postcard to Armstrong, purporting to be from Ford Davis, asking Armstrong to meet him in Camden. Graham was to kill Armstrong with the hammer then leave it behind to frame Davis. Graham lost his nerve again but this time lied and said Armstrong never showed up.

Thomas Graham

Hunter decided not to leave anything to chance and met Armstrong, face to face, and persuaded Armstrong to accompany him on the ferry from Philadelphia to Camden. Graham, armed with the hammer and a hatchet that Hunter had given him, also initialed F.W.D., followed after them, riding in a different section of the boat. In Camden they took a streetcar and Graham followed on foot. They got off the car on Vine Street and Hunter left Armstrong and went back to give Graham the signal.

Graham hit Armstrong once with the hammer, but lost heart before he was able to finish the job. He threw the hatchet away and ran back to the ferry. Hunter grabbed the hatchet and attacked Armstrong, striking him on the head. He left Armstrong severely wounded, with a fractured skull.

After Graham’s confession, Ford Davis was released and Benjamin Hunter was arrested for murder.

Trial: June 10, 1878

Benjamin Hunter pled not guilty to the murder of John Armstrong. The defense asserted that there was no evidence that Hunter was in Camden that night. They also provided numerous witnesses that testified to Hunter’s good character. And they challenged the indictment on the grounds that since Armstrong died in Philadelphia, the murder could not be prosecuted in New Jersey.

It came out in court that Hunter had loaned Armstrong a total of $12,000 and to insure his loan Hunter had persuaded Armstrong to agree to a life insurance policy with Hunter as beneficiary. The amount of the policy was $26,000.

Thomas Graham had turned state’s evidence and it was his eye-witness testimony which tightened the noose around Hunter’s neck. The trial lasted 23 days and at the end the jury, with almost no deliberation, found Hunter guilty.

Verdict: Guilty of first degree murder

Aftermath:

Hunter’s attorneys appealed the verdict on the grounds that since Armstrong died in Philadelphia, Hunter could not be convicted of murder in Camden, New Jersey. The appeal was denied and Hunter was sentenced to hang on January 10, 1879.

With all hope gone, Benjamin Hunter confessed. The amount of money he had loaned Armstrong had been so large that he had been losing sleep worrying about it. Armstrong appeared to be using the money to maintain a lavish lifestyle rather than improving his failing business. Hunter’s only hope of retrieving his money was Armstrong’s death.

A week before the execution, Hunter attempted suicide, trying to spare his family and himself the indignity of a hanging. He was not allowed a knife or fork when eating, but he was able to tear away the top of a tin cup and used sharp edge to cut into his leg. Under a blanket he was able to cut an artery without the knowledge of the jailers on his deathwatch, and he had lost a pint and a half of blood before passing out and alerting them. He was saved from death and the execution went on as scheduled.

It was reported that Hunter, due to weakness from the loss of blood, and fear of death had to be carried to the gallows; though some claimed he had been given brandy and was dead drunk when carried in.

The hanging was to be done using a method adopted by the state of New Jersey — used in the case of Antoine La Blanc, among others — in which, rather than falling through a trap, the condemned man is pulled upward when a counterweight is dropped. Hunter’s execution was horribly botched as this eye-witness account attests:

“There was no scaffold. He was hanged in the corridor of the Court House, with a rope reaching up into the Court House over a pulley and to a weight in the cellar below. He was hanged at a cross-like arrangement, made by two corridors populated by men from some of whom the Sheriff demanded ten dollars apiece, and Eli Morgan, Deputy Sheriff to Sheriff Daubman, was to cut a little rope that held a stronger rope that controlled a three-hundred pound weight that was intended to hoist up the murderer into the air. The narrator was within two feet of Hunter when he was hanged. The rope was so long that it failed of its purpose and stretched, and the man went up in the air for but a few feet then tumbled down like a bunch of wet rags. Then Eli Morgan grabbed the rope and hauled him up hand over hand and held him there until he was throttled to death.”

It took Hunter at least fourteen minutes to die of strangulation.

Benjamin Hunter’s brother tried to collect on the life insurance policy and agreed to give the money to the Armstrong family. The insurance company refused to pay and Armstrong’s wife and administratrix of his estate, sued the company. The court sided with the insurance company saying they did not need to pay. The case was appealed all the way to the U.S. Supreme Court who overturned the verdict and called for a new trial. If the insurance company could prove that the policy had been taken out by Hunter as part of the crime of murder, then policy need not be paid, if there was no fraud, then the money must be paid.

The false accusation and imprisonment of Ford Davis had completely prostrated him. Shortly afterwards, partly out of consideration for his innocent sufferings, Davis was appointed crier of the Camden Courts, and he held that position for many years.

Resources:
Books:

Hunter, Benjamin F., and Thomas Graham. Hunter-Armstrong tragedy the great trial : conviction of Benj. F. Hunter for the murder of John M. Armstrong. Philadelphia: Barclay, 1878.

Lawson, John Davison. American state trials: a collection of the important and interesting criminal trials which have taken place in the United States from the beginning of our government to the present day. St. Louis: Thomas Law Books, 1921.

Seen & heard by Megargee, Volume 4, Part 1. Philadelphia: Louis N. Megarcee, 1904.

The Medico-legal journal … New York: Medico legal journal, 1886.

On this day..

1889: Alfred Schaeffer, diabolical dynamiter, lynched near Seattle

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From the Chicago Daily Inter Ocean, January 8, 1889 (paragraph breaks added for readability: the original had none at all):

A DIABOLICAL DYNAMITER.

After Killing Three Persons and Wounding Others He Is Barbarously Lynched

SEATTLE, Wash. T., Jan. 7. — Alfred Shaffer [sic], a Bohemian, fired a heavy charge of giant powder under the house of George Bodala, at Gilman,* thirty miles east of Seattle, at 4:30 o’clock this morning, instantly killing John and Michael Scherrick, and Anna, the 9-year-old child of Bodala, and badly wounding Bodala, his wife, and little son and daughter.

Last spring Bodala caused the arrest of Schaeffer on the charge of criminal assault upon his wife. Schaeffer was sentenced to a short term of imprisonment, and when he was released he made such serious threats against the life of Bodala that he was again arrested, and incarcerated in jail nine days.

When he was released he returned to Gilman, and since then he lost no opportunity attempting to injury Bodala, and this morning put his threats into execution. The two Scherricks and the little girl were instantly killed.

Bodala was brought to the Providence Hospital to-day, and is in a very bad condition. The other three will probably recover. Schaeffer was found by the people of Gilman at his own house. He was placed under arrest, and later in the afternoon, upon the arrival of the sheriff, turned over to that officer.

This afternoon while the Sheriff was at dinner a crowd of 100 broke open the door of the house where Schaeffer was confined, took him to a tree opposite the railroad depot, and strung him up, first trying to make him confess.

He refused, and was hanged.

After thirty seconds he was cut down again and given another chance to confess, still declining he was again elevated and cut down for a second time after forty-five seconds.

He was then very weak, and, efforts to make him confess failing, he was again pulled up, and left hanging until death ensued.

* Present-day Issaquah.

On this day..

1836: Abraham Prescott, homicidal somnabulist

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

On this day in 1836, Abraham Prescott was hanged in Hopkinton, New Hampshire.

His crime was sensational at the time; the trial record can be viewed here. The slaying was horrifying in and of itself, and there was the added element of betrayal: Prescott had turned on the people who had treated him like kin.

A gentleman farmer, Chauncey Cochran, had taken Abraham Prescott in during his mid-teens and given him a place to stay on his farm in Pembroke, New Hampshire. In return, Prescott worked for Cochran on the farm.

This relationship continued amicably for three years, and Abraham grew very close to Chauncey and his wife, Sally. They trusted him and treated him like a son.

Our story begins on January 6, 1833, three years to the day before Prescott swung. During the early morning hours, Prescott took an ax and struck Chauncey and Sally in the head as they slept. Either he didn’t mean to kill them or he didn’t know how to aim, because he delivered glancing blows that merely caused considerable bruising and bleeding.

Abraham told them he’d been sleepwalking, and he hadn’t even realized he’d attacked his master and mistress until he saw Chauncey rising up from the bed, covered in blood. He wasn’t the first person on these pages to use the sleepwalking defense, but Abraham’s wild story actually worked — that time, anyway.

Perhaps the Cochrans were blinded by their affection for their employee. Perhaps they simply had no common sense. In any case, they accepted Prescott’s explanation and didn’t summon the police or even dismiss him. After he axed them both in bed. Most bosses would probably consider that a one-strike offense.

A report of this “unhappy and and almost unheard-of occurrence of somnambulism” was actually published in the New Hampshire Patriot several days later. Even after subsequent events cast the incident in a very sinister light, Chauncey still referred to it as “the accident.”

Several months passed and Prescott behaved normally, diligently working on the farm and causing no trouble. Then, on June 23, Sally asked him to go with her on a berry-picking expedition.

They set off together, and several hours later he came home alone and visibly agitated.

When asked what was wrong, Abraham said he’d been bothered by a toothache and lay down against a tree to rest. He evidently fell asleep, and when he woke up Sally was lying prone. Abraham had been sleepwalking again, and had clubbed her with a three-foot wooden stake, and he thought he’d killed her.

This time Chauncey didn’t give Prescott the benefit of doubt. The eighteen-year-old found himself jailed and charged with capital murder.

Abraham Prescott’s lawyer went for the insanity defense, focusing on his culpability rather than his actions. Prescott was not terribly bright and may have actually been developmentally disabled. Various witnesses testified that there was mental illness in his family. Abraham’s mother said he’d had hydrocephalus as an infant and had sleepwalked frequently during his childhood. Several doctors testified about somnambulism and insanity, and how the defendant could be a good example of both, although they were all speaking theoretically as none of them had examined him.

(Fun fact: one of the expert witnesses was George Parkman, who was himself the victim of a homicide sixteen years later and is featured elsewhere on these pages.)

The prosecution had a much easier time of it: they had a very good case that Prescott had murdered his mistress deliberately. His attempt to conceal her body suggested he knew the wrongfulness of his actions. He was under the impression that he stood to inherit everything if the Cochrans died (since they said he was “like family”).

Vis-à-vis the sleepwalking, Abraham’s own statements contradicted each other. When questioned right after his arrest, he had provided a much more straightforward account of what happened, one that didn’t involve somnambulism: Abraham said that while he and Sally were picking berries, he had done or said something “improper” to her and she threatened to tell her husband. He killed her because he was afraid he would be sent to prison if Chauncey found out about it.

(Prescott subsequently retracted that statement and went back to the sleepwalking story.)

Even after conviction, however, questions remained. Several reprieves were issued while the state tried to figure out whether or not he was crazy and, if so, how crazy. He copped a retrial because the first jury that convicted him had been improperly exposed to the popular belief in Prescott’s guilt by virtue of being barracked at a local pub. The sentencing judge at his last trial remarked on the court’s meticulous solicitation of “the most experienced witnesses, in our own and neighboring States, to throw upon the secret operations and sudden derangements of the mind, and all the evidence which the highest records of the history of man could furnish.”

Prescott spent in all two years awaiting execution, a very long time in those days. In the end, however, the law decided that Prescott knew what he was doing that day in the strawberry patch, and he had to die.

We will never know for sure why he killed Sally Cochran. The only thing that can be said with certainty is that Abraham Prescott was a very troubled young man.

A large crowd braved a snowstorm to watch him die.

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1841: Archilla Smith, Trail of Tears Cherokee

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On this date in 1841, Archilla Smith was hanged over a tree branch in Cherokee Country (since the gallows hadn’t been delivered in time) for the murder of John MacIntosh.

Our narrative for this event is Indian Justice: A Cherokee Murder Trial at Tahlequah in 1840, a volume derived from the reports of 19th century poet John Howard Payne, who’s best known for writing “Home! Sweet Home!”.

Payne lived with the Cherokees in Georgia immediately preceding their forcible removal to Oklahoma along the Trial of Tears, and then repaired to Oklahoma with the evicted tribe. (Payne unsuccessfully lobbied the U.S. Congress against its removal policy.)

The procurement of Cherokee signatures on the treaty that gave legal cover to the tribe’s expulsion from Georgia was a source of bitter controversy … and a generation of internecine violence. Our principal for this date’s post, Archilla Smith, himself affixed an X-mark to this notorious document, and he was defended at the trial in question here by another signer, Stand Watie.

Payne’s book, however, does not much treat the political context of Indian removal, nor even read as something like a true crime book: the brawl between the killer and the victim, two aggressive men with a passing and private quarrel, is little more than the background fact; the question for the jury turned on little but the degree of wilfulness or intent in the fatal stab wound Smith dealt, and various witnesses describe the same scene of their melee with slight differences of shading.

Rather, it’s a courtroom drama, and an outsider’s sketch of Cherokee jurisprudence (amalgamating tribal and Anglo-Saxon practices) circa 1840. It’s also the first newspaper any Oklahoma trial.

There as no appearance of bitter feeling on either side. The accused and the judge and jury and spectators, all seemed in the best of humor with one another. The accused smoked much of the time; and his judge, and most of the jury, every now and then would get up and go across the log-court to him with “Arley, lend me your pipe;” and receive his pipe from his mouth (as is the Indian custom); and revel in the loan of a five minutes’ smoke. … The wife and handsome young daughter of the accused attended … His three young sons, one a boy about ten, — the others about twelve and fifteen, were in the court room nearly all the time, and often sat by their father’s side.

-Payne

At one point, the judge digresses into the ancient right of clan vengeance and dismisses it in view of the “improved” system. But Payne’s postscript notes that one of Smith’s own jurors (from the first jury) would himself be killed just days after the execution when the juror attempted to exact family retribution on a murderer who had been acquitted in court. This is the snapshot of an evolving society.

Archilla Smith’s first jury hung. The second jury tried to hang, but was forced by the judge to come to a conclusion. Finally, it convicted Smith on December 26, 1840. Smith took word of his fate evenly.

“You are every one of you old acquaintances of mine, Jurors,” he remarked after hearing his fate. “You have been several days engaged about my difficulty. But I have no hard thoughts against any one of you, Jurors, nor Judge, against you. I believe your object has been that my trial should be a fair one.”

Cherokee law required that after five days, the sentence be executed. Accordingly, the hanging was fixed for New Year’s Day at noon.

Because there was also no tribal prison, Smith was simply held under guard in a log hut, and was able to get around the new Cherokee capital of Tahlequah with those guards. In Payne’s narrative, this invites no trouble on the part of the prisoner, whose bonhommie even after his death sentence belies the ill-tempered knife-slayer described by court witnesses. (Though Smith did once try to bribe his guard to let him escape.)

Accordingly, on one of those five days between sentence and hanging, Archilla Smith and his friends simply rode up to the Cherokee Chief John Ross to appeal personally for a pardon. He’d obtained about two hundred signatures on a petition supporting such an act of clemency.

Nevertheless, Ross, a foe of the removal treaty and of Stand Watie,* told them that the matter was out of his hands … but Smith and his party still ate dinner at Ross’s home that evening and nothing untoward occurred. Open hospitality was a Cherokee custom, and Ross regularly entertained dozens of visitors at his two-and-a-half-story log house, “as many as the table can accommodate.”

When the hang-day finally came, two different men preached under the noose.

The first, an Anglo named Worcester, who issued a bog-standard 19th century Anglo hanging sermon in English:

Almighty God! We see before us an awful instance of thy power. May it eventuate in an equally impressive exemplification of thy love. May the bitter fruit of the one sin for which atonement is now about to be exacted, procure the pardon of many. May it not only produce sincere penitence and consequent acceptance with thee, in the unhappy sufferer who now stands upon the threshold of eternity, but operate as a warning to all who either witness or hear of his fate. May it show this people to what dreadful results intemperance may lead; and when they see that the great commandment ‘whoso sheddeth man’s blood, by man shall his blood be shed’ cannot be evaded; may it bring them to a salutary meditation through which all may be converted. In the name and through the meditation of our blessed Savior, we ask that the influences of the Holy Spirit may draw this blessing on the nation; and may the victim now offered up to the violated laws have cause to bless a doom, which if it awaken him to a proper knowledge of Thee and of himself will yet prove to him a happiness and a mercy into thy hands, oh blessed Savior, we commend his spirit.

The second gallows-preacher was a half-blood Protestant minister named Reverend Young Wolf — and this reverend had actually been the foreman of the jury which condemned Archilla Smith in the first place. Young Wolf preached in Cherokee, thus:

God of heaven! Creator of all things! Thou, who knowest our inmost thoughts I pray to thee have mercy on this man. He is standing on the threshold of death. He will presently leave this world to enter the world of spirits. Thou canst see into his heart. Thou art aware whether the charge for which he suffers is true or not. If he is guilty, I supplicate thee to forgive all his sins. Into thy hand we submit ourselves. We assemble together as a people to witness the death which our friend is about to suffer; and may it make us remember that we too, are born to die sooner or later, and prepare to meet thee in peace. May the view of thy power which we are now beholding, humble us before thee. May we continue humble. We are now about to part with our friend Archilla. We give him up to thee. May he receive thy pardon for his sins, that hereafter we may all come together again before thy throne and unite there in thy praise!

The doomed addressed the multitude last.

He, too, spoke in Cherokee, and the natives whom Payne spoke with were divided as to whether the “escapes” and “third time” which Smith mentioned referred to the two times that his juries refused to convict him, or to two previous, undetected crimes.

Friends, I will speak a few words. We are to part. You will presently behold how evil comes. I do not suffer under the decree of my Creator but by the law passed at Tahlequah. — Friends, you must take warning. — I think, perhaps, that my being hated has brought me to this. No man can hope every time to escape; and the third I have been overtaken by the law. But avoid such practices. — I suppose I was preordained to be executed in this manner. I am ready to die. I do not fear to die. I have a hope, there, to live in peace. (Tears now gushed from his eyes.) I should not have shed tears had not the women come here to see me. — I have no more to say.

* Ross and Watie were lead figures of the rival factions within the Cherokee polity, and they would be recognized as opposing chiefs by the Union and the Confederacy (respectively) during the coming U.S. Civil War. Stand Watie lives on in bar bets: he has the distinction of being the last Confederate general (and his First Indian Brigade the last Confederate force in the field) to surrender to the Union, on June 23, 1865.

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1882: James Gilmore, the first hanged in Deadwood

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In the 1870s, the illegal settlement of Deadwood, South Dakota attained pride of place among Old West frontier towns, complete with vigilante justice, lethal gunfights, and lucrative brothels.

Yet even though it was the source of South Dakota’s first legal hanging — Wild Bill Hickok’s murderer Jack McCall, who swung in Yankton — Deadwood itself did not play host to a proper judicial execution until this date in 1882.

The unhappy subject of this occasion? James Gilmore, a surly and perhaps deranged Ohioan who had senselessly gunned down a Mexican fellow-laborer named Bicente Ortez when both men were driving wagons on the Pierre-Deadwood route. Gilmore got upset when Ortez spooked his oxen, waited until the teams made camp that night, and then walked up to Ortez during dinner and shot him in the arm.

As the startled Ortez tried to flee, Gilmore pumped three more shots into his back.

(This was near Deadman’s Creek. How trite.)

Anyway, Gilmore’s ox-driving companions might have disliked Ortez themselves because they gave Gilmore a horse and a few bucks and, while his mortally wounded ex-comrade lay painfully expiring all the night long, let the shooter flee into the wilds. He’d be captured only months later, still driving livestock for some ranch.

“Is it for killing that son of a bitch Mexican?” he asked the marshals, incredulously.

(The prosecutor would close his trial with a charge to the jury that “in this land of the free, every man, regardless of color, creed, or other station in life was equal before the law, and the law protected with its folds, the plebian as well as the millionaires, and it knows no difference between the bull-whacker and the bonanza king.”)

Gilmore was convicted of murder and sentenced to die in the autumn of 1881. However, the offender’s advocates pushed his appeals all the way to the U.S. Supreme Court. According to the Cincinnati Daily Gazette (Dec. 16, 1882), whose interest in the case derived from Gilmore’s nativity in Steubenvile, Ohio,

It is the opinion of many who knew him best, that James Gilmore had not a mind sufficiently well balanced to make him responsible for the terrible deed for which he was sentenced. Many stories are told of his strange freaks when a child (he is not yet twenty-two years old), which shows that he was of a very irritable temperament. At one time, fancying himself insulted by a citizen of this place [Steubenville], he attempted to shoot two fine horses belonging to the offender, with a small pistol… At another time he set the school building on fire and then placed himself in the most dangerous position he could find. He would frequently run away from home, and was found once by a brother, who is an officer in the United States Navy, in New York City.

Evidently, Gilmore’s non-naval other brother was a lawyer, who was able to corral testimony as to his sibling’s unsound mind from a variety of worthies who knew the unbalanced James in his youth.

But those appeals ultimately failed, as did Gilmore’s father’s simultaneous push in Washington D.C. (since the Dakotas were still federal territory) for executive clemency. Advised by Gilmore’s detractors that the condemned murderer “was a second Guiteau of a most diabolical character,” (Grand Forks Herald, Oct. 28, 1882), President Chester A. Arthur declined to interfere. Arthur was a guy who couldn’t be soft on Guiteaus.

Gilmore never denied responsibility for murdering Ortez, and at his (private) hanging he attributed the whole thing to his “bad temper” ever since his mother died when he was a child.

Elsewhere in the U.S. on the same busy day, Peter Thomas was hanged in Mansfield, La. for murdering a fellow sharecropper in a rivalry over a woman; John Redd was hanged in Seale, Ala., for murdering a woman in the throes of unrequited love; and, a Mississippi gentleman named A. Farkas was to have been hanged for murdering his wife, Emma, except that the execution was respited at the last moment to permit him a judicial appeal — which Farkas eventually won.

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