1918: A day in the death penalty around the U.S.

From the Pueblo Chieftain (May 25, 1918):

Salt Lake City, May 24. — Howard H. Deweese, who was shot here today for the murder of his wife, Fannie Fisher Deweese, left a grim legacy for his wife’s former husband. It is a silk handkerchief and the bullets which passed thru the heart of Deweese, first passed thru the bit of silk which he had pinned over his chest.

Before his execution Deweese secured the promise of the warden of the state prison to forward the handkerchief, together with a note to Fisher in New York. The letter, dated at the Utah state penitentiary last Monday, reads:

Mr. H.W. Fisher, 150 Second avenue, New York:

Greetings:

In accordance with customs observed by certain people, I herewith conform with precedents and law governing the conduct of aforesaid people. I have rigidly adhered to my vows. You have violated yours. Therefore, put your house in order. The allotted time customary in such cases is yours. The souvenir enclosed herewith (by the warden of this institution) will doubtless serve to convince you that time, distance, political influence or money cannot change the inexorable workings of things decreed by men who do not hesitate in risking all, even life, for things they have sworn to uphold.

The U.B.C. thru one who has proven loyal, bids you ‘prepare.’ It is written.

(Signed)
J.E.W.

The initials affixed at the bottom of the note stand for Deweese’s alias — J.E. Warren. The “U.B.C.” Deweese explained just before his execution, was the initials of the “Universal Brotherhood Club of New York.”


From the Kansas City Star (May 24, 1918):

DALLAS, TEX. May 23. — A claim that the idea for the Red Cross poster, “The Greatest Mother in the World,” originated in the mind of Leonard Dodd, who with Walter Stevenson is sentenced to hang here tomorrow for murder, was placed here today before the state board of pardons at Austin as part of a plea for commutation of sentence.

Council for Dodd informed the board a draft of the poster had been sent by him to the Red Cross headquarters at Washington and that it was later drawn by an Eastern artist. Dodd, Stevenson, and Emmett Vestal, also convicted of murder, will be hanged tomorrow unless Governor Hobby commutes their sentences. [Dodd and Stevenson hanged; as for Vestal’s … read on. -ed.]


From the Arizona Republic, Jan. 1, 1955:

Evangelist Emmett T. (Texas Slim) Vestal, a man twice condemned to die in the electric chair, is in Phoenix conducting a revival, and illustrating that “no matter how low a man can get, he still can be saved by following Christ.”

For more than 20 years, Mr. Vestal has been preaching in churches throughout the country, and recounting his experiences as bank robber, drug addict, and gang member.

Services will be conducted every night through next Friday at 7:30 p.m. at the Revival Center, 902 N. 24th St.

In 1917 he shot a rival gang leader who tried to ambush him near Victoria, Tex. and was sentenced to die May 24, 1918. Five minutes before the hanging, he was granted a reprieve by the late Governor W.P. Hobby.

He returned to prison, contracted tuberculosis and was sent to a state hospital from which he escaped. Law officials found him in 1926 in St. Louis and took him back to Texas for a new trial because the state had changed his sentence from hanging to electrocution.

He was again convicted and sentenced to die, this time in the electric chair. Three days before the electrocution, his sentence was commuted to life imprisonment by the late Governor Miriam (Ma) Ferguson. Three days after that she granted him a full pardon.

Methodist church workers taught him to read and write and gave him Christian education while he was in prison. After his release he began his evangelic career. He was ordained a baptist minister.

On this day..

1896: Patrick Coughlin, shot in the mountains

From the San Francisco (Calif.) Call, Dec. 16, 1896.

UTAH MURDERER EXECUTED

Patrick Coughlin, the Slayer of Two Officers, Shot to Death in Rich County.

SALT LAKE, Utah, Dec. 15. — Patrick Coughlin was executed in Rich County, this State, this morning, for the murder of Deputy Sheriff Dawes and Constable Stagg, in July, 1895. Coughlin chose shooting as the method of his taking off. [He could have opted for hanging -ed.] He was pinioned, blindfolded and seated on a stationary chair, and six deputy sheriffs fired simultaneously, aiming at the heart, over which a piece of white paper was fastened. Every shot pierced the mark and death was instantaneous.


Photo of the arrangement of Coughlin’s execution. Via the University of Utah, whose watermark appears in the center.

Coughlin was about 23 years of age, a native of Pennsylvania, and came to this State when quite young. For some years he was considered a hard character. In July, 1895, he and another young man, Fred George, stole a band of horses and were pursued by officers. For over a week they eluded capture, and several times when brought to bay fired upon their pursuers, escaping further into the mountains. They were surrounded in a little cabin, and when called upon to surrender fired repeatedly, killing the two officers named and wounding others before the posse retired.

Several days later they were captured, 150 miles from the scene of the killing. Both were tried on the capital charge and Coughlin was sentenced to be shot and George to a life term in the penitentiary.

Coughlin’s execution took place near the spot where the murders were committed, up in the mountains.

On this day..

1857: Two surviving members of the Aiken Party

On this date in 1857, the Utah Territory finished the extrajudicial executions it had botched three days before.

As we have detailed, Utah’s Mormon authorities had during these months of near-war against federal authorities taken prisoner a party of Californians crossing their territory — the Aiken (or Aikin) Party.

On November 25, four members of that party were murdered by the Mormon guards escorting them out of the territory — killings that were quite extrajudicial, but also quite deliberately orchestrated by the state.

Except, they had only killed two of the four.

Although outnumbered by their attackers and miles from the nearest settlement, somehow two men — perhaps John Aiken and John “Colonel” Eichard or Achard, although we cannot be certain of their identities — survived the bludgeons and staggered, wounded, back to the town of Nephi whose residents could not but take them in: an awkward situation since they still had to be done to death and could not very well be gunned down right there in the town.

We excerpt at length here from J.H. Beadle’s explanatory appendix in the autobiography of frontiersman and confessed Brigham Young hit man Wild Bill Hickman. Beadle was a vituperative anti-Mormon propagandist and his prose runs to the purple, but the core facts of the case are historically well-supported; see David Bigler, “The Aiken Party Executions and the Utah War, 1857-1858,” The Western Historical Quarterly, Winter 2007.

Two died without a struggle. But John Aikin bounded to his feet, but slightly wounded, and sprang into the brush. A shot from the pistol of John Kink laid him senseless. “Colonel” also reached the brush, receiving a shot in the shoulder from Port Rockwell, and believing the whole party had been attacked by banditti, he made his way back to Nephi. “With almost superhuman strength he held out during the twenty-five miles, and the first bright rays of a Utah sun showed the man, who twenty-four hours before had left them handsome and vigorous in the pride of manhood, now ghastly pale and drenched with his own blood, staggering feebly along the streets of Nephi. He reached Bishop Foote’s, and his story elicited a well-feigned horror.

Meanwhile the murderers had gathered up the other three and thrown them into the river, supposing all to be dead. But John Aikin revived and crawled out on the same side, and hiding in the brush, heard these terrible words:

“Are the damned Gentiles all dead, Port?”

“All but one — the son of a b– ran.”

Supposing himself to be meant, Aikin lay still till the Danites left, then, without hat, coat, or boots, on a November night, the ground covered with snow, he set out for Nephi. Who can imagine the feelings of the man? Unlike “Colonel” he knew too well who the murderers were, and believed himself the only survivor. To return to Nephi offered but slight hope, but it was the only hope, and incredible as it may appear he reached it next day. He sank helpless at the door of the first house he reached, but the words he heard infused new life into him. The woman, afterwards a witness, said to him, “Why, another of you ones got away from the robbers, and is at Brother Foote’s.” “Thank God; it is my brother,” he said, and started on. The citizens tell with wonder that he ran the whole distance, his hair clotted with blood, reeling like a drunken man all the way. It was not his brother, but “Colonel.” The meeting of the two at Foote’s was too affecting for language to describe. They fell upon each other’s necks, clasped their blood-spattered arms around each other, and with mingled tears and sobs kissed and embraced as only men can who together have passed through death …

[But] the murderers had returned, and a new plan was concocted. “Colonel” had saved his pistol and Aikin his watch, a gold one, worth at least $250. When ready to leave they asked the bill, and were informed it was $30. They promised to send it from the city, and were told that “would not do.” Aikin then said, “Here is my watch and my partner’s pistol — take your choice.” Foote took the pistol. When he handed it to him, Aikin said, “There, take my best friend. But God knows it will do us no good.” Then to his partner, with tears streaming from his eyes, “Prepare for death. Colonel, we will never get out of this valley alive.”

According to the main witness, a woman of Nephi, all regarded them as doomed. They had got four miles on the road, when their driver, a Mormon named [Absalom] Woolf,* stopped the wagon near an old cabin; informed them he must water his horses; unhitched them, and moved away. Two men then stepped from the cabin, and fired with double-barreled guns; Aiken and “Colonel” were both shot through the head, and fell dead from the wagon. Their bodies were then loaded with stone and put in one of those “bottomless springs” — so called — common in that part of Utah.

I passed the place in 1869, and heard from a native the whispered rumors about “some bad men that were sunk in that spring.” The scenery would seem to shut out all idea of crime, and irresistibly awaken thoughts of heaven. The soft air of Utah is around; above the blue sky smiles as if it were impossible there could be such things as sin or crime; and the neat village of Nephi brightens the plain, as innocently fair as if it had not witnessed a crime as black and dastardly as ever disgraced the annals of the civilized world.

* Grandfather of jockey George Woolf, who rode Seabiscuit to a famous victory over Triple Crown winner War Admiral in 1938.

On this day..

1857: Two members of the Aiken Party

The first “executions” meted out by Mormon captors to the Aiken or Aikin Party men who were attempting to cross the war-footing territory eastward from California took place on November 25, 1857, and were as clumsy as they were brutal.

Under the pretext of escorting them out of the state, Thomas Aiken, John Aiken, John “Colonel” Eichard, and Andrew Jackson “Honesty” Jones reached the small settlement of Salt Creek, Utah, on November 24. They had their least peaceful sleep there that night while their guides, acting on orders from the top of the state’s hierarchy, planned their murders.

Four toughs dispatched by Bishop Jacob Bigler slipped out of Nephi before dawn the next day. They’d ride on ahead, and later that evening “accidentally” meet the southbound Aiken men and their escorts, presenting themselves as a chance encounter on the trails to share a camp that night. These toughs plus the escorts gave the Mormons an 8-to-4 advantage on their prisoners, which was still only good enough to kill 2-of-4 when the time came:

David Bigler’s 2007 Western Historical Quarterly article, “The Aiken Party Executions and the Utah War, 1857-1858.”

After supper, the newcomers sat around the fire singing. “Each assassin had selected his man. At a signal from [Porter] Rockwell, [the] four men drew a bar of iron each from his sleeve and struck his victim on the head. Collett did not stun his man and was getting worsted. Rockwell fired across the camp fire and wounded the man in the back. Two escaped and got back to Salt Creek.”

We don’t actually know which two died at the camp and which two made it back to Salt Creek. Bigler suspects Thomas Aiken and John Eichard were the victims to die on the 25th; the editors of Mormon assassin Bill Hickman‘s confessional autobiography make it Thomas Aiken and Honesty Jones.

The doomed men were stopping at T. B. Foote’s, and some persons in the family afterwards testified to having heard the council that condemned them. The selected murderers, at 11 p.m., started from the Tithing House and got ahead of the Aikins, who did not start till dayhght. The latter reached the Sevier River, when Rockwell informed them they could find no other camp that day; they halted, when the other party approached and asked to camp with them, for which permission was granted. The weary men removed their arms and heavy clothing, and were soon lost in sleep — that sleep which for two of them was to have no waking on earth. All seemed fit for their damnable purpose, and yet the murderers hesitated. As near as can be determined, they still feared that all could not be done with perfect secrecy, and determined to use no firearms. With this view the escort and the party from Nephi attacked the sleeping men with clubs and the kingbolts of the wagons. Two died without a struggle.

As for the two survivors … that’s a tale for another day.

On this day..

1859: Thomas Ferguson, but not on a Sunday

The first judicial execution of a white man* in the history of the Utah Territory took place on this date in 1859.

One Thomas Ferguson earned the distinction by getting roaring drunk and shooting dead the shopkeeper who employed and boarded him. Allegedly, Alexander Carpenter’s provocation had been to accuse Ferguson of being party to the unknown burglars who had lately raided his Salt Lake City shop, which obviously got way under Ferguson’s skin.

This was frontier America, being newly-settled by Brigham Young‘s upstart Latter-Day Saints sect, though not only by them. The capital’s population was perhaps 14,000 — the kind of place where dubious refugees could wash up from parts unknown, trusting their fortunes to their native wit and Colt’s Manufacturing Company.

“Crime has run riot in this city since the assassination of McNeill and Sergeant Pike” a hostile, non-Mormon correspondent wrote to the San Francisco Bulletin (letter dated Oct. 5, 1859, and published Oct. 27).

Till lately, no one has been arrested. Ferguson, a “Gentile,” murdered Carpenter, a Mormon, and for such an outrage “this people” will permit the sentence of death to be carried into effect; but the murderers of McNeill, of Pike, of Drown, of Arnold — the first two “Gentiles,” the last “apostates” — run at large to hold the community in terror and carry out other sentences.* An apostate committed suicide a few nights since by shooting himself twice in the back of the head!

Carpenter murdered his partner named Turner near Fort Laramie, Nebraska, brought their goods to this city, where, he said, (and convinced his associates,) he was tried and acquitted. Tried and acquitted in Utah for murder in Nebraska!

Both men were New Yorkers — and per a less strident observer writing to the New York Herald (datelined Oct. 7; published Nov. 7) neither of the two was Mormon. They had been allured to the West by the usual siren songs: wealth, fortune, fame. As young men do, these may have pictured themselves forever getting the drop on their enemies and never the other way around … and always with a dashing jailbreak at the ready if it came to that.

Unfortunately for Ferguson, he wasn’t the only Old West stock character in this tableau; a hanging-judge of dubious character named Charles Sinclair officiated the trial, so deep into his cups that he initially set Ferguson’s execution date for a Sunday. (It was changed to a Friday.) Ferguson himself gave the judge a right scorching from his scaffold rostrum on his way off this mortal coil:

I was tried by the statutes of Utah Territory, which give a man the privilege of being shot, beheaded or hanged. But was it given to me? No, it was not. All Judge Sinclair wanted was to sentence some one to be hanged, then he was willing to leave the Territory; and he had too much whiskey in his head to know the day he sentenced me to be executed on, and would not have known, if it had not been for the people of Utah laughing at him … A nice Judge to send to any country! (Source)

* The Espy file credits earlier executions of Native Americans, two Goshutes named Longhair and Antelope who hanged for slaying two whites during settler bush wars. (I would not venture to assert the judicial propriety, even by antebellum standards, of these proceedings.) And of course, Ferguson’s distinction excludes extrajudicial killings like the Mountain Meadows Massacre.

** The unpunished killings the correspondent names in this piece took place in the immediate aftermath of the 1857-1858 war between Mormon settlers in Utah and the federal government asserting its jurisdiction — a period when Brigham Young’s martial law had just been rescinded. Utah Gentiles inclined to read these incidents as emblematic of a lawless atmosphere in which reluctance to prosecute gave Mormons virtual impunity in their conduct towards the rest of the population.

On this day..

1903: Peter Mortensen, divinely accused

On this date in 1903, Peter Mortensen was shot over a lumber bill.

The evidence against Peter Mortensen was circumstantial: a moonlight witness, some unexplained cash, and a perceived insufficiency of vigor in insisting upon his innocence when suspicion fell upon him.

Though this much sounds pretty speculative, Mortensen’s very direct pecuniary interest in Hay’s death was harder to wave away. Mortensen, a Salt Lake contractor, owed money to George Ernest Romney’s* Pacific Lumber company. On the evening of December 16, 1901, he summoned Romney’s employee James R. Hay — who was also Mortensen’s friend, neighbor, and fellow-teacher at a Mormon Sunday school — to pay up.

Hay never made it home.

The next day, Mortensen had a receipt for the payment in Hay’s hand, and Hay had a cashless grave and a bullet hole in his head. Rarely have means, motive, and opportunity converged so exactly.

Public sentiment against Mortensen was so overwhelming** that selecting an impartial-ish jury proceeded at a weeks-long crawl as Mortensen’s attorney met prospect after prospect by bluntly asking whether they had formed an opinion as to his man’s guilt. Prospect after prospect confirmed that they had done. By the end, the court had been reduced to issuing “open venires” bypassing the regular jury summons process and authorizing anyone handy to be inducted into the jury pool. Deputies scoured Salt Lake City like press gangs, hunting for possible jurymen.

In all, the court dismissed some 600 prospective jurors for bias (which was quite a lot for the time), and ran through $4,500 in that process alone (likewise).

Those finally seated had to weigh, along with the more conventional indicia of guilt, the inflammatory witness testimony of James Hay’s father … who said he didn’t just have a pretty strong suspicion about the defendant, but that he actually knew Mortensen did it. “God revealed it to me,” the elder Hay said with “tears streaming down his cheeks” according to a report in the Idaho Daily Statesman of June 6, 1902.

He appeared to me by the Holy Ghost and put the words of His Spirit into my mouth. I had to utter them, for I knew they were true. I cannot and will not deny it here, neither will I deny it when I meet my God on the last day.

This is not the only manifestation I received. On Tuesday noon I saw the trail of blood leading from the railroad tracks to where my son-in-law was buried. I saw it in a vision just as plainly as when I afterwards visited the spot.

Again, this is judicial testimony in an American courtroom in the 20th century.

The fact that it appeared — and that the trial court refused a defense demand to instruct the jury not to consider supernatural visions in the light of real evidence — formed the central argument of Mortensen’s appeal. In the end, Utah’s Supreme Court refused to vacate the sentence. Still, the weird appearance of “divine revelation evidence” in a Utah courtroom led the Mormon patriarch Joseph F. Smith to issue a finding distancing the Church of Jesus Christ of Latter-Day Saints from any embarrassing mummery:

[N]o member of the Church of Jesus Christ of Latter-day Saints should, for one moment, regard such testimony as admissible in a court of law, and to make the case perfectly clear it may be further stated that such evidence would not be permissible even in a Church court, where rules of evidence, though not so technical, are founded largely upon the same principles that govern the rules of evidence in a court of law. Any attempt, therefore, to make it appear that such evidence is in keeping with the tenets of the “Mormon” faith is wholly unjustified

About six weeks before Mortensen’s execution, a prison break took place at the penitentiary. It’s been given out latterly that the arrogant Mortensen was so unpopular even with his fellow-prisoners that they intentionally left him stuck in his cell. 1903 press accounts appear to indicate otherwise — that he was not the only convict left stuck in his cell, and that Mortensen’s particular rum luck wasn’t a social lack but a digital one: somebody dropped the necessary set of keys. Either way, there was no way out, and neither when Utah’s governor interviewed Mortensen personally to see about his mercy application. Never mind his popularity with prisoners; Mortensen’s continued insistence on innocence while pleading for his life was the real diplomatic failure.

Mortensen selected shooting rather than hanging as his method of death, and went to it “firm as a rock.” He left only a last statement repeating his vociferous and widely disbelieved denial of Hay’s murder.

To the world I want to say and swear by the heavens above, by the earth beneath, and by all I hold near and dear to me on this earth, that I am not guilty of that cowardly murder of my dearest friend. I ask therefore no man’s pardon for aught that I may have done in life. I am confident that my life is an example to most people. I lay no claim — please strike out the last two words — I do not say that I am better or more worthy of respect of the world than the average man, but I have done my duty to my father and mother, my brothers and sister, and to other near relatives. I have done my absolute duty toward my wife and my five little babies. May God keep and care for those sweet darlings.


Salt Lake Telegram, Nov. 20, 1903.

* Yes, those Romneys. George Ernest Romney‘s significantly younger first cousin George Wilcken Romney became Governor of Michigan, and was in turn the father of the 2012 Republican Presidential nominee Mitt Romney. The mutual grandfather of George E. and George W. designed the St. George Tabernacle.

** Even Mortensen’s wife thought him guilty, for he had gone out that fatal evening of the 16th with Hay, and returned an hour later “deathly pale.” However, while God’s hearsay to Mr. Hay was available in open court, Mrs. Mortensen’s evidence was not: Utah law prohibited wives testifying against their husbands.

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1987: Dale Selby Pierre, Hi-Fi Murderer

On this date in 1987, Utah executed Dale Selby Pierre for one of the most notorious crimes in that state’s history — the Hi-Fi Murders.

Pierre, along with two fellow airmen from the Hill Air Force Base, William Andrews and Keith Roberts, began an armed robbery of a hi-fi shop in nearby Ogden near closing time on the evening of April 22, 1974.

The night that unfolded would be a visit to an antechamber of hell not only for the two young clerks on duty at the time, but three other people who wandered into the store while the crooks were still in it — each of whom was added to the growing pen of hostages Pierre et al kept in the basement.

After plundering the shop of $25,000 worth of electronics, Pierre and Andrews went to get rid of their prisoners by making them drink liquid Drano.

This method of homicide, theoretically an elegantly quiet one which would facilitate a clean getaway, had been cribbed from a murder scene in the 1973 Dirty Harry movie Magnum Force.

The struggles of Cortney Naisbitt, one of the surviving victims, forms the subject of Victim: The Other Side of Murder — a classic of the true-crime genre and of the victim’s rights movement.

But human flesh is hardier than celluloid.

Unlike the poor prostitute in Magnum Force, Pierre and Andrews’s victims groaned and gurgled, their blistering mouths suppurating so much fluid that duct tape to quiet them down wouldn’t stick. And the Drano didn’t kill them, or at least it was sure taking its time.

“I remember the noise they were making, the sounds of pain they were making,” Pierre told his clemency hearing. “It was something greater than sad.”

Since they hadn’t got rid of their victims quite so cleanly, Pierre simply set about shooting them — and in the case of Michelle Ansley, a 19-year-old in her first (and last) week on the job at the Hi-Fi shop, raping her first. These execution-style murders had only mixed results, and one of the hostages — 43-year-old Orren Walker — being noticeably not dead, had a ball-point pen kicked into his ear in an attempt to finish him off.

Somehow, Walker still survived, as did 16-year-old Cortney Naisbitt, who suffered severe brain damage. (Both have since died.) Stanley Walker, Carol Naisbitt, and Ansley were not so “lucky.” But neither were the perps: since Andrews had openly talked at the Air Force base about boosting that very hi-fi shop and even killing anyone who “gets in the way,” suspicious fellow airmen soon turned them in.

The 21st century’s more polished and calculating strategic communications consultant probably would have advised keeping well clear of such an incendiary crime, but death penalty opponents actually pushed clemency hard in the Hi-Fi case.* For the NAACP, the sentences underscored racial disparity in the death penalty.

Rubbish, one might say, given the killers’ epically villainous conduct. But one member of the all-white jury was apparently passed a note by parties unknown reading “Hang the niggers.” And the NAACP noted that Utah gave death sentences to these guys, but not to a white supremacist who murdered two black men for jogging with white women.

None of this cut any ice with Utah. Years later, the killers themselves had a hard time fitting that monstrous night into any kind of comprehensible rationale. Pierre:

The crime took a course of its own. It wasn’t planned that way. People kept coming in and I just panicked. The only way to prevent what happened was to have been moved away from the Air Force entirely … Of course the alcohol and the pills I was consuming didn’t help — valiums, reds, black beauties and yellow jackets … I tell myself, “You have to accept responsibility for it — you did it, you were there. You can’t rationalize it.”


Dale Pierre pleads his case to the Utah clemency board.

Dale Pierre was the very first person put to death in Utah after its famously groundbreaking execution of Gary Gilmore in 1977. But in fact, the Hi-Fi killers had preceded the eager volunteer Gilmore on Utah’s death row, and Gilmore as he walked his last mile reportedly wisecracked to Pierre and Andrews, “I’ll be seeing you directly.”

Pierre’s accomplice William Andrews was also finally executed in 1992, after a then-unimaginable (and anything but “direct”) 18 years on death row — nearly half his life. Their fellow accomplice Keith Roberts didn’t personally take part in the cellar hecatomb and therefore avoided the death sentence: he was paroled in 1987.

* The clemency push was much stronger for William Andrews than for Dale Pierre, since Andrews was also making the argument that he hadn’t directly killed anyone and hadn’t intended to. As a matter of fact, the manipulative Andrews was and is widely doubted on that point — but any such claim was wholly unavailable to the acknowledged triggerman Pierre.

On this day..

1896: Charles Thiede, the first since Utah statehood

On this date in 1896, seven months after admittance as the 45th U.S. state,* Utah hanged Charles Thiede.

By birth a Pomeranian — the place, not the dog — this Salt Lake City saloon owner had gone to sea as a youth and had the hard drinking to show for it. He was plenty notorious before death row for getting into the drink himself, in which condition he often disported himself pummeling his wife, Mary.

When his wife turned up “mysteriously” done to death — her throat twice slashed — outside of Thiede’s tavern one fine spring night in 1894, it didn’t take much connecting of the dots to infer the guilt of her abusive husband, who also was the one who happened to “find” the body. Thiede, all the way to the end, would maintain his innocence, which nobody believed; a fistful of private detectives Thiede threw at the investigation in the weeks leading up to his death turned up little but a weird story about Mary dallying with a vengeful bootlegger. (Or Charles Thiede’s own going hypothesis that some wandering Swedes tried to rape Mary.)

Still, it does have to be allowed that beating a spouse in private, however discreditable the deed, has a different character than slashing her throat on a public road. This was a distinct m.o., and there was little specific cause anyone could point to for Thiede’s having done it. Circumstantial evidence has a way of stacking up against you when you’re known as a violent drunk.

According to Frontier Justice in the Wild West, an Oregon firm was paid $150 to set up a scaffold (hidden from public view within a palisade) using the “twitch-up” design in vogue in the late 19th century. Thiede wasn’t going to drop: he was going to be jerked upward by dropping a counterbalance.

The hanging rope passed through a hole in the crossbeam, over two pulleys, and down the side, where a 430-pound weight was attached. Under the noose was a low wooden platform upon which the condemned man was to stand while being prepared. In the entire construction of the gallows, not a nail or pin was used; it was bolted together so that it could be disassembled and used again.


This illustration of the setup for Charles Thiede’s hanging appeared in the Aug. 11, 1896 Salt Lake Semi-Weekly Tribune. The caption explains the apparatus: “The executioner was concealed in the tent at right,and at a signal from the Sheriff pulled the hidden lever, which drew back (A) the projecting piece of steel which supported (B) the iron bar on which the 430-pound cube of lead rested, causing the weight to drop, and the body to be jerked upward.”

This clever device worked perfectly, if the aforesaid Semi-Weekly Tribune is to be believed, but it would never see action again. Most Utahans preferred the state’s other choice alternative for execution, the firing squad; there wouldn’t be another hanging there until 1912.

Thiede himself was secretly buried in nearby Sandy, Utah, whose citizens were so incensed at becoming involuntary wardens of the killer’s mortal remains that an armed standoff between Sandy residents and Thiede’s people was only dialed down when the latter agreed to remove the remains from the cemetery proper and bury them in an adjacent feld.

* When the U.S. Supreme Court remanded the case to Utah shortly before the hanging, it at first accidentally addressed its order to the Territory of Utah.

On this day..

1894: Enoch Davis, like a cur

On this date in 1894, Enoch Davis — condemned for the fatally pistol-whipping his wife, who was planning to leave him (you’ll see why in a moment) — was shot to death at Lehi Junction, Utah.

We have some affection in these pages for men or women who do not “play the man” (or woman) at the end but die in piteously naked humanity.

Given that we bear no brief for the man’s eternal soul, it seems in these parts as if bursting with rage is no less legitimate a way than any other to shuffle off this mortal coil: surely, it is better spectacle than many. “The most despicable mangy canine whelp that ever met an ignominious fate,” reported Salt Lake’s Daily Tribune, “could not have whined itself out of existence in a more deplorable, decency-sickening state than was Enoch Davis’ last hour.”

Davis got started well before the last hour; according to this review of Utah’s notable executions, he kicked off execution day by asking his jailers if he could enjoy one last … prostitute.

Maybe that would have chilled him out a little.

Instead, the Salt Lake Herald reporter recounted (under a scandalized headline) that “for vileness, filth, obscenity, indecency, billingsgate and profanity, no man, standing on the threshold of eternity’s ante-room, ever equaled Davis, barring Ruloff who was hung in Binghampton [sic], New York, in 1872 [sic].”

By turns cursing, resisting, demanding (he had better luck with his demand for whisky), and cursing some more — the Herald report is full of blushing bowdlerizations of Davis’s dirty stories and blasphemous digressions. Solicited of his last remarks, “[t]he subsequent dialogue was of such a disconnected character that reproduction is impossible. First, because it was too filthy; second, the same. And so on ad infinitum.”

Now those are last words we can all enjoy.

Beyond the newsmen, and about 500 residents of Provo, Lehi, and environs who assembled for the show, the audience included the six anonymous members of the firing squad. In order to secret their identity, they had been carried to the site in the dead of night and situated in a tent: they would not emerge until the following nightfall.

Holes cut in the canvas provided their firing positions on Davis, staked out in a bar seat that was (for obvious reasons, but also because Davis was by that point too drunk to sit straight) as securely nailed down as the officiants could manage.

Davis objected to everything else, and of course he objected to this too. “Let me see ’em! Let me see them men who are going to kill me!” the doomed man carped, not wanting to “die like an Indian.” Odd phrase, but he was a little stressed out.

The sharpshooters demurred.

The demurrers shot sharp.

That part, at least, went off without a hitch. Like an Indian, like a cur, or merely like a weak and wicked villain, Davis succumbed instantly to the volley.

His own cowardly tears fell through the foulest of breaths during his last hour, his complete lack of nerve … might have won him a little human sympathy if it were not for his vile and lying tongue.

-Salt Lake Tribune, quoted in Frontier Justice in the Wild West: Bungled, Bizarre, and Fascinating Executions


This illustration (and the sketch of Davis above) both from the September 15, 1894 Salt Lake Herald.

Part of the Themed Set: Americana.

On this day..

1951: Eliseo Mares, “silently and horribly”

On this date in 1951, Eliseo (sometimes rendered “Elisio”) Mares was shot in Utah for murder.

He was condemned for the 1946 murder of an Ohio sailor en route to California for his marriage. (Mares claimed self-defense.) The wait for his execution — “five long years,” Mares told a reporter* after he lost his last appeal — was unusually protracted for the time.

By the time his case had wended its way through the courts, county-managed executions had been consolidated at the state prison at Point of the Mountain. Mares was the first put to death there.

Not until 25 years later, in a reminiscence by one of the witnesses, Salt Lake Tribune reporter Clark Lobb, was it disclosed that Mares “died silently and horribly.” Two of the four bullets fired from 15 feet away struck Mares in the hip and abdomen. It was several minutes before the prisoner was declared dead.

This source speculates that the poor marksmanship was intentional, but whether intentional or not, it must have been an appalling spectacle.

The sheriff directing the proceedings immediately began pushing for a switch to away from the error-prone firing squad to the gas chamber. (No dice, although the 1955 legislature did approve a switch to electrocution that fell through for want of funding.)

* UP wire report quoted in the New York Times, Sept. 9, 1951.

Part of the Themed Set: Americana.

On this day..