Tag Archives: 1899

1899: Kat-koo-at

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From the Corvallis (Ore.) Gazette, May 9, 1899:

Says that the Clootchman Anna and Okh-kho-not are equally guilty — body delivered to the medical college for dissection.

Kat-koo-at, the Chilicat Indian who was tried, convicted and sentenced to death in the United States Circuit Court for the murder of Thomas J. Brown, in Alaska Territory last January, was hanged yesterday afternoon. [This article is not explicitly datelined, but the day referred to is May 5, 1899 -ed.] United States Marshall Waters performed the unwelcome official duty of carrying into execution the sentence imposed by the court, and vindicated the outraged law. The execution took place in the jailyard, the same gallows on which James Johnson and Archie Brown suffered the extreme penalty of the law being used. Notwithstanding the public was well aware that Kat-koo-at was to be hanged there was very little excitement felt over the event and no guards or military companies were ordered out as in the case of Brown and Johnson. The stockade which had been erected to shut out public view from the appalling spectacle, did not prevent many from witnessing it who were not holders of tickets. Spectators were admitted until all the available space inside the enclosure was occupied, and many curiously disposed persons clambered up to the top of the fence and looked over, or peeped through the cracks between the planks and watched with evident interest the preparations which preceded the execution.

Kat-koo-at’s conduct.

Yesterday morning the doomed man ate a hearty breakfast at 6:30. After dispatching his meal Kat-koo-at sat down very composedly and smoked his pipe for some time. About 10 o’clock in the forenoon, Rev. W.C. Chattin called at his cell. Mr. Chattin, who converses quite fluently in the Chinook tongue, asked Kat-koo-at after the usual saluation if he was aware of the fact that he was going to die soon. The Indian replied:

“Yes, I know that; what time is it now?”

Mr. Chattin said “ten o’clock;” to which Kat-koo-at responded:

“Three hours yet before I die.”

He asked Mr. Chattin if he was afraid to die, to which he answered negatively.

This Indian it is said had been a regular attendant of the Mission School of the Greek church at Sitka, and has been taught about as much about God and Christ, and heaven and hell, as his untutored mind can comprehend. During his confinement, he frequently sung Sabbath school songs which he learned at Sitka.

Kat-koo-at was reminded by Mr. Chattin how upon the cross Christ forgave his enemies and asked whether he did likewise. Kat-koo-at answered: “Annie and Och-kho-not helped to kill Brown, and were as guilty as he himself; but I forgive them; I have put away all angry feeling; I feel as though you are the only friend I have, and I want you to be present with me to the last and pray for me.”

In the Prison.

U.S. Marshal Waters had made every preparation for the execution. The rope had been attached to the beam above the scaffold, the fatal drop drawn up to its proper position and all that was needed was the victim. To prevent a crowd, the court house doors were closed at 12 o’clock and about 75 persons who held tickets of admission were allowed to enter. In company with the officers, Rev. Mr. Chattin entered the cell of the doomed Indian at 12:45 and said (speaking the Chinook tongue), “Kat-koo-at, you are near your death.” He answered, “Yes.” Mr. Chattin continued, “You know it is a bad thing to die. Now tell me, were Annie and Och-kho-not equally guilty?” To which he responded “yes.” The question was asked Kat-koo-at whether his people would be angry with the whites for his execution, and whether they would take revenge for it. Kat-koo-at answered “no.”

The Fatal Drop.

Precisely 53 minutes past 12 o’clock Kat-koo-at, followed by U.S. Marshal A.W. Waters, Deputy Marshal W.P. Burns, Sheriff B.L. Norden, Constable M.B. Wallace, and Rev. W.C. Chattin, left the cell, ascended the steps leading to the scaffold, and took places thereon. As Kat-koo-at took his place in the center of the trap he surveyed the bystanders and made a profound bow. Marshal A.W. Waters then read the death sentence in paragraphs, which was interpreted to the Indian by Constable M.B. Wallace. At the conclusion of each paragraph, Kat-koo-at nodded assent. Mr. Wallace asked him whether he had anything to say, which was answered in the negative. Mr. Waters then drew the black cap quickly over the murderer’s face and adjusted the noose, while Mr. Burns placed handcuffs on the wrists and buckled a strap around the ankles. From the time Kat-koo-at came upon the scaffold until the drop fell, he maintained a stolid indifference, and not a quiver of a muscle was visible. However, he was under excitement, as his pulse beat 120 when he left his cell.

At 12:58, after the noose had been adjusted, Mr. Chattin advanced, and offered the following prayer in the Chinook tongue:

Oh, God! Thou art the Father of us all. Look in pity on this poor Indian, who is about to die. Although he has been a wicked man, he has renounced his sins and prays forgiveness.

The “Amen,” the click of the trigger, and a thud were then heard almost simultaneously. Kat-koo-at had stood too close to the edge of the trap, and as he dropped, his body struck the side of the trap-way and bounded to the other side. The breast heaved for two minutes and then the body was still. At 1:02 the shoulders were drawn up. This was the last perceptible movement of the body.

At 1:02½ Dr. Littlefield, the attending physician, felt the pulse and pronounced it very feeble.

At 1:03½ the pulse was barely perceptible.

At 1:04½ the pulse had ceased to beat, but by auscultation the feeble heart beats were counted 80 to the minute.

At 1:06, 58 to the minute.

At 1:09 there was only a slight murmur. At 12 he was pronounced dead, but the body was allowed to hang until 1:18, having hung a little longer than 19 minutes.

The fall was about 5½ feet — quite sufficient to have dislocated the Indian’s neck had he not struck against the edge of the scaffold. An examination was made after Kat-koo-at whas [sic] dead which disclosed the fact that death had been produced by strangulation instead of dislocation. After life was

Pronounced Extinct

The body was cut down and placed in a rude coffin. Subsequently it was conveyed to the medical college in conformity with the order of the court, and delivered to the professors and students of that institution.

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1899: Claude Branton, gallows photograph

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Claude Henry Branton was noosed in Eugene, Oregon on this date in 1899, with the last words, “I haven’t much to say. I hope for God’s sake no one will try to run my folks down on account of this. They are innocent. I hope people will learn a lesson from this and tread on the right path. I hope to meet you all in the other world. I ask this for Jesus’s sake. Amen.”

Branton with another young farmhand named Courtland Green murdered rancher John Linn when the three were in the wilderness driving horses to Oregon’s McKenzie River Valley for sale. The motive was the thousand dollars or so that they thought that Linn was carrying; instead, the two killers found only $65 to split: he’d wisely given his ready cash to a friend for safekeeping before setting out.

And now they had to explain why they were arriving as a duo when they had set out as a trio.

A retrospective (May 20, 2018) from the Redmond (Ore.) Spokesman compares their subsequent situation to Melmoth the Wanderer, vainly sounding the valley for someone to give them an alibi.

The two of them decided what they needed was to find some rustic sucker willing to perjure himself by swearing that he had seen the three of them together, bringing the horses down.

And so commenced Branton and Green’s Melmoth-like wanderings through the McKenzie valley, horses in tow, looking for friends old and new who would be willing to perjure themselves in exchange for the pick of the herd.

Branton even made a fake beard so that he could pretend to be Linn at one spot. This didn’t work, though, because the rancher he was trying to fool recognized his voice.

The two of them tried several times to sell the horses, too, but no one would take them because Linn wasn’t there to sign the bill of sale.

Eventually the two murderers split up, Branton fleeing out of the state and Green into the bottle. But neither man found his refuge secure. Conscience and drink overcame Green’s composure and he revealed the crime (he ended up with a life sentence). Branton unwisely returned to Eugene without realizing that the murder had been exposed, and was instantly arrested.

There were about 50 official witnesses to the hanging, which took place within a stockade outside the Lane County courthouse while a large crowd milled outside or sought elevated vantage points in order to steal a glimpse. A few years later, a similarly raucous scene outside a similar “private” hanging in Portland, the Beaver State moved all executions indoors to the state penitentiary at Salem.

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1899: Bailer Decker, Theodore Roosevelt’s first

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This report of the New York Times, Jan. 10, 1899, concerns the forgettable murderer whose electrocution was approved on his first day in office by New York’s new governor — Theodore Roosevelt, soon to become President of the United States.

SING SING, N.Y., Jan. 9 — Bailer Decker, the negro wife murderer of Tottenville, Staten Island, died to-day in the electric chair in Sing Sing Prison. The curren was twice turned on, each time with a voltage of 1,780. He was pronounced dead five minutes after the first shock.

Decker met death without flinching. Just before he started from his cell to the execution room he requested of Warden Sage that the other four murderers in the condemned cells be permitted to sing “Comrades.” The Warden granted the request, and Decker joined in the singing with a clear tenor voice.

The witnesses to the execution included H.F. Bridges, Warden of the Massachusetts State Prison, at Charlestown. That State, it is said, is likely to adopt the electric chair. Mr. Bridges expressed himself as pleased with the method of the execution.*

The crime for which Decker was executed was the murder of his wife, a white woman, on May 25 last. Decker was an oysterman, but spent much of his time in saloons. He was jealous, and shot the woman while in a drunken rage. He then fired a bullet into his own abdomen with suicidal intent.

* Indeed, Massachusetts did adopt the electric chair in 1900: it would eventually use this device to kill Sacco and Vanzetti in 1927.

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1899: Armstead Taylor and John Alfred Brown, horribly

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From the Wilkes-Barre (Pa.) Times, Aug. 18, 1899:

ROCKVILLE, Md., Aug. 18 — Armstead Taylor and John Alfred Brown, negroes, were hanged here this morning for the murder of Mr. and Mrs. Rosenstein at Slidelle in March last.

The drop fell at 10:15[?]. The hanging was a horrible botch. the knot did not slip but the drop was long enough. The men writhed, groaned and uttered inarticualate [sic] sounds for nearly ten minutes.

The murders for which they were convicted and sentenced to be hanged were committed at Slidelle, a little station two miles north of Boyds, Md. on March 13 last.

Louis Rosenstein, the postmaster of the hamlet[,] lived with his aged parents in the rear of the post office. They were said to have plenty of money. Early one morning they were attacked and the man’s skull was crushed and the woman’s head pounded with some blunt instrument.

The store was ransacked and a little over $3,000, a pair of shoes and several articles were taken.

Louis Rosenstein died the day after of his injuries and Mrs. Rosenstein lingered until May when she succumbed in a hospital at Baltimore.

Taylor went to Washington and soon attracted attention by spending money in a lavish manner in Georgetown. Suspicious neighbors gave the police the information that led to his capture.

Before Taylor was arrested, however, Sergeant Fritz Bassau of the Washington police force gave up his life. Taylor shot him down as he was climbing the stairs to arrest him, where he was concealed in the house at Georgetown. He also shot Officer Gowon in the hand.

Taylor was taken back to Montgomery county, but did not stand trial for injuring the policemen. His trial was begun at Frederick on July [?] and Brown’s a week later. Both were convicted and sentenced to be hanged August 18.

Strong efforts were made to have Brown respited, it being believed by many that he was only an accessory after the fact.

The men mounted the scaffold at 10:15. They were both calm and exhibited nerve. As they were placed on the door the sheriff asked if they had anything to say. Taylor made a rambling statement in an almost inaudible voice. He appeared weak and swayed upon his feet. He said:

Gentlemen, I done both the killings myself. My Uncle Brown is not guilty. I am the guilty man, but I expect to go to heaven.

Brown refused to make any statement beyond that he had forgiven his enemies and had found salvation.

The deputies then adjusted the rope, before placing the black caps on their heads. Both men smiled and Brown said good-bye to some friends in the crowd who spoke to him.

Sheriff Thompson tok [sic] a board about six feet in length, walked over to the side of the scaffold, reached down and inserted the end of a plank in the wire ring and sprung the trap.

The bodies fell through simultaneously and began to writhe and sway in a horrible manner. Taylor seemed to be conscious and appeared to be trying to speak.

The priests pronounced it the most horrible execution they had ever seen.

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1899: John Headrick and Carroll Rice, Missourians

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On this date in 1899, young John Headrick was hanged outside Cape Girardeau‘s courthouse for murdering James Lail.

The 19-year-old Headrick was an embittered ex-farmhand of his victim, James Lail — who fired the youth for stealing a buggy.

In July of 1898, he turned up on the farm and found Lail in the barn. Lail’s wife and daughter both saw young Headrick arrive; they would testify that within half a minute of him entering the barn, they heard gunshots.

At trial, Headrick would claim that he shot in self-defense when Lail menaced him with a deadly currycomb (a brush used for horses), offering the prosecutor the opportunity for a bit of sport on the cross-ex:

Q: “You want the jury to understand that you are afraid of your life when a man assaults you with a curry comb?”

A: “Yes, sir, when I am in a place where I can’t get away.”

Q: “Especially if you are armed?”

A: “If I wasn’t armed I would have been killed.”

Q: “He aimed to curry you? He didn’t strike you with the curry comb?”

A: “No, sir, he did not. He struck at me mighty hard.”

Jokes aside, Lail’s surviving family had a terrifying ordeal still to come. As Headrick blasted away at his fallen boss, Lail’s wife Vernie arrived and threw herself over her husband protectively.

The young assailant shot her, too, then began beating her. By now, 19-year-old Jessie Lail was on the scene too. “John Headrick, what do you mean!” she shrieked. “You have wrecked my life forever! You have killed Papa, now you are killing Mother!”

In the ensuing chaos, Vernie Lail tried to make a run for it only for Headrick to chase her down and stab her — to death, or so he thought. Then the young assailant marched Jessie Lail off at gunpoint. Somehow, Vernie Lail survived a slashed throat, a shot through the back, and numerous other injuries to rise yet again and make it a quarter of a mile down the road to her mother-in-law’s house.

“By God, the old woman is gone, you can’t kill her, can you?” Headrick exclaimed to the daughter when they re-crossed the spot where mom’s body should have been. Headrick at this point wisely abandoned the scene of his carnage after trying and failing to extract a pledge from his hostage not to give evidence against him. A posse found him shortly afterwards, hiding in a barn.

The sturdy and surprisingly low-to-the-ground tree on which Headrick was hanged just outside the Cape Girardeau courthouse still stands, or did as of 2010 when it was endangered by a proposed traffic roundabout. Have a gander at the old gallows-tree in this post by Cape Girardeau journalist Ken Steinhoff, here.

Headrick’s hanging took place behind jail walls, but on the same date in Alton, Carroll Rice was hanged before a reported crowd of 5,000 for the murder of his wife.

“Just before the black cap was adjusted, and while his legs were being pinioned, the condemned man broke away form the sheriff and attempted to escape,” press reports ran.

It was worth a try.

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1899: Adrian Braun, who murdered his wife in Sing Sing

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Wilkes-Barre Times, May 29, 1899.

On this date in 1899, Adrian Braun was electrcuted at Sing Sing.

Braun was a hulking German cigar-maker with a reputation for habitually thrashing his wife. Authorities got involved when he bashed a neighbor who intervened in a beating so hard that it fractured the man’s skull.

In August 1897, Braun caught a two-year sentence for assault. With her batterer put away, Kate Braun now had to shift for herself; struggling to make ends meet as a washer-woman, she had to give up two of her five children to the St. Joseph’s Roman Catholic Orphan Asylum. Still, she scraped together enough money to buy her incarcerated husband some sweets on a prison visit.

Mr. Braun was at work peeling potatoes in the prison kitchen when he was summoned for the arrival of his spouse in March 1898. After using up their visiting time on a conversation that appeared entirely mutually affectionate, the two were about to part when Adrian Braun suddenly whipped out the potato-knife he had recently been employing and daggered the poor woman’s throat — with lethal effect.

Braun never explained his shocking crime and pursued only a half-hearted insanity defense at his ensuing trial.

“No man was ever executed at the prison who had less sympathy than was felt for Braun,” the Wilkes-Barre Times reported on the day of the man’s execution.

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1899: Cordelia Poirier and Samuel Parslow

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On this date in 1899, Cordelia Poirier was hanged in Ste. Scholastique, Quebec with her lover Samuel Parslow.*

Cordelia Viau by her maiden name, the femme fatale in this transaction found that in her marriage to one Isidore Poirier she was much the sturdier spirit.

“She was a masterful woman,” this old public-domain text on insurance crimes muses, “and Poirier seems to have been a man of very common mould. He was not great or strong enough to make his wife admire or respect him, yet was too obstinate to yield to her domination.”

Cordelia soon turned this gap in magnetism to good effect on Mr. Parslow, a local carpenter, to the considerable scandal of their village, Saint-Canut.

An intolerable domestic situation drove Isidore Poirier to the bottle, and Cordelia Poirier to the insurance underwriters — from whom she obtained two separate $1,000 policies on the life of her spouse. Much to the discredit of her agents (and, one must suspect, to the commission wage model), the wife’s blunt inquiries as to whether a death by assassination woud void the policies were met with simple affirmations rather than a summons to the constable.

Sure enough, Isidore Poirier suffered just such a death on November 21, 1897: after vespers (Cordelia was an organist at the church), she and Parslow barged in on the intoxicated Isidore at his home and Parslow slashed him to death with a butcher knife. The body was discovered the next day, and it wasn’t hard to put means to motive and clap the adulterers in gaol.

Having perhaps not thought this venture through, Samuel Parslow and Cordelia Poirier promptly began informing on one another in hopes of avoiding the rope. Their confessions would only cinch one another’s fates. By the time of trial, Parslow had to feebly accuse Mrs. Poirier of hypnotizing him.**

Her cynical domestic crime and vampish reputation earned her an extreme level of disapprobation: her behavior obviously inverted and betrayed the model of domestic virtue whose penumbra of sentimentality has often been counted on to save female murderers from the gallows. Cordelia Poirier was actively hated.

“The crowd inside the jail jeered [Cordelia Poirier],” it was reported — “but even then her nerve did not desert her, and at the suggestion of the executioner she turned and faced the Jeerers, and stood erect and prayed to the last.”

* Thanks to the wonders of database searches, research for this post also revealed a completely different legal drama off the same era related to a competely different Parslow. This story is from the Feb. 4, 1898 Minneapolis Journal.

** All reports do paint Cordelia Poirier as the stronger will in her adulterous relationship, as well as her marital one, and the instigator of the murder.

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1899: Martha Place, the first woman electrocuted

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On this date in 1899, Martha Place became the first woman to die in the electric chair.

William Place, a widowed insurance adjuster at 598 Hancock Street in Brooklyn, had taken Martha Garretson on as a housekeeper to help with his daughter Ida.

In time William felt her a suitable enough helpmate to put a ring on it and make her Ida’s full-time mother.

Honestly, though, some kids are just better off in a single-parent household.

Martha’s aptitude as a nurturer really can’t have met Bill Place’s expectations. “She felt that her husband loved his daughter more than he did her, and her jealousy rapidly changed into hatred for the little girl,” opined the New York Times. (July 9, 1898) “As the child grew into a pretty young woman and became more and more of a contrast to her, her hatred began to take active form. Place tried to reconcile them, but in vain. For three years Ida and her stepmother rarely spoke to each other, and in her father’s absence the girl was generally away from home.”

On at least one occasion, Mr. Place summoned the police to deal with a death threat that landed Martha in the dock.

On February 7, 1898, there’d be no more need for threats.

William Place arrived home that day to find the vengeful termagant brandishing an axe in his direction, with which she clobbered him twice about the head. Only wounded when she walked away from him, Place managed to pry a door open and call for help. When the police arrived, they found Martha in a gas-filled room attempting suicide (or pretending to) … and they found Martha’s bete noir, the poor stepdaughter, stone dead on her bed with acid burns on her face and an axe-gash from her scalp to her neck.

There’s a reason the “Wicked Stepmother” is such a venerable trope.

Public opinion did not take kindly to this destruction of hearth and home by such an unlovely faux-mother. The Times (July 8, 1898, once again) judged her

rather tall and spare, with a pale, sharp face. Her nose is long and pointed, her chin sharp and prominent, her lips thin and her forehead retreating. There is something about her face that reminds one of a rat’s,* and the bright, but changeless eyes somehow strengthen the impression. She looks like a woman of great strength of mind and relentless determination. The only time her expression changed during the trial was when her husband, William W. Place, testified to the attack made upon him. Then her thin lips parted in a sardonic grin, and she fixed her eyes upon him. The smile hardly ever left her face while he was on the stand. He did not look at her.

A greater contrast than that between this husband and wife could not be imagined. He is a man of refined appearance, and speaks in a quiet, pleasant voice. He testified calmly, except once or twice, when the questions of the lawyers bore upon the persecution of Ida. Then his voice trembled with emotion, while, on the other hand, it was impossible to make one’s self believe that Mrs. Place was possessed of any other feeling than that of a mild curiosity.

The criminal conviction was simplicity itself, and if women are generally less exposed to the risk of execution, their most characteristic point of vulnerability will tend to be a violation of the demands of sacred motherhood. Envious rat-faced stepmom acid-burns blooming daughter of refined burgher? That’s as paradigmatic as a female execution gets.

There was, of course, no shortage of attention since executions of women aren’t exactly everyday affairs in American history … and this one in particular would be the very first since New York introduced the industrial age’s death penalty innovation, the electric chair. The Medico-Legal Society of New York had a contentious debate at its February 1899 meeting over whether women ought to be executed at all. (The lone female speaker, Ida Trafford Bell, earned applause from the women in attendance by insisting that the fairer sex should have “just as much right to be electrocuted as a man.” (NYT, Feb. 16, 1899) Probably so, but they were still a generation away from having just as much right to vote.

Anyway, the governor of the state — Theodore Roosevelt, who was just a couple of years from becoming U.S. president thanks to another New York murderer — had the final say in the matter. Martha Place’s presence in these annals naturally discloses the outcome of his deliberations.

No more painful case can come before a Governor than an appeal to arrest the course of justice in order to save a woman from capital punishment, when that woman’s guilt has been clearly established, and when there are no circumstances whatever to mitigate the crime. If there were any reasonable doubt of the guilt — if there were any basis whatsoever for interference with the course of justice in this case — I should so interfere. But there is no ground for interference …

The only case of capital punishment which has occurred since the beginning of my term was for wife murder, and I refused to consider the appeals then made to me on behalf of the man who had killed his wife, after I became convinced that he had really done the deed and was sane.** In that case a woman was killed by a man; in this a woman was killed by another woman. The law makes no distinction of sex in such a crime.

This murder was one of peculiar deliberation and atrocity. To interfere with the course of the law in this case could be justified only on the ground that never hereafter, under any circumstances, should capital punishment be inflicted upon any murderess, even though the victim was herself a woman and even though that victim’s torture preceded her death.” (as quoted in the New York Times, March 16, 1899)

Happily the Sing Sing electric chair performed its duty smoothly with, per the March 21 Times, “no revolting feature” in evidence. It was, boasted the prison doctor, “the best execution that has ever occurred here.”

* As we’ve often seen, observers of women in the dock have a knack for perceiving a correlation of physical beauty to virtue, and the reverse.

** Roosevelt rejected Bailer Decker’s appeal for mercy on January 3, 1899 — his very first day in office.

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1899: Three in the Klondike Gold Rush

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On this date in 1899, the gallows of gold rush boom down Dawson City, Yukon strained for three murderers.

The 1896 gold strike in the Klondike triggered a huge rush of prospectors warming sub-Arctic climes with visions of sudden wealth. “When the world rang with the tale of Arctic gold, and the lure of the North gripped the heartstrings of men,” as put by that lure’s great muse Jack London, who himself had already come and gone from the Dawson City by this time, and struck his own variety of fortune in the process.

Miners pouring into the Yukon did not, of course, enter virgin territory. Native peoples had occupied it for thousands of years.

In May 1898, two prospectors, Christian Fox and William Meehan, camped near the mouth of McClintock Creek were only mildly uneasy about the arrival of the Nantucks, Tagish brothers who set up an adjacent camp. Relations were amicable for a while, but when returning one afternoon from the day’s work the prospectors were suddenly fired upon from ambush by their neighbors.

Meehan was slain in the fusillade. The injured Christian Fox managed to float away, get to land, and reach a miners’ settlement. He described the attack thus:

I was lying on the sacks against the side of the boat … and I saw Joe standing with his gun like this … and all the boys went into the brush, and I says to myself “Now they have shot us for our outfit, and are hurrying down to the next bend in the river to catch the boat … My only show is to get to the opposite side of the river and try to make for a white habitation” … I took the paddle in my hand and tried to paddle the boat but I was too weak, so I … used it as a pry … The boat ran up to a nice little level place where it was grassy and as I stepped out I stepped over the leg of my partner as he was stretched out over the boat with his head back and his mouth open and I saw that he was dead, and I said “Good by Billy old boy, I can do nothing for you here.”

By Fox’s report, the four Nantucks were soon taken into custody.


The four Nantuck brothers, shackled after arrest.

The trial unfolded in a court at the territorial capital of Dawson City. A compelling chapter in Strange Things Done: Murder in Yukon History does wonderful work with the cultural disconnections, including a two-page exchange between judge and interpreter (and, off-camera, Frank Nantuck) in which the court struggles to get the accused sworn “so help me God” since Frank’s cosmology has no idea of an afterlife. “He says, when he is dead he is dead — that is all I can get out of him,” the helpless middleman reports.

Q Has he any knowledge of God at all or any idea about a future state of rewards and punishments?

A No sir.

Q Or any clear belief in religion of any kind?

A No sir.

Q Will you say to him that we want him to tell us the truth and not to tell us anything that is not the truth; that he may be punished if he tells us anything that is not the truth; that we are going to ask him some questions and that he must tell us just the truth; ask him if he will agree to do that.

The outcome of the trial will not surprise and there was no question but that the Nantucks had done the shooting. What the Dawson court only barely noted was that brothers had been detailed to avenge two Tagish deaths. An old woman had previously been given or found some “baking powder” and proceeded to make bread with it: in fact, it was arsenic, which was used in mining. Here again is the cultural dislocation; the Nantucks living next to Fox and Meehan were trying to feel out whether those two prospectors were of the tribe that had provided this poison, and of equivalent social rank to the two men who died eating the arsenic-bread. Basically, neither side in this subarctic tragedy had any concept of what the other was on about.

There’s a play about this case, Justice. Peruse the play’s pdf companion study guide on the real historical case here.

In the end, all four Nantucks were condemned to die; Frank was probably still a minor, and he had cooperated with the investigation, so his sentence was commuted to life imprisonment … which did not turn out to be very long at all, since Frank and his condemned brother Joe both died in jail of tuberculosis during the 1898-99 winter.

Dawson Nantuck and Jim Nantuck remained to hang.

Momentarily sensational, the case was long forgotten among whites; it has, however, remained in the oral tradition of Yukon First Peoples. Both communities, however, saw the case brought to the fore when excavations accidentally turned up their remains — along with those of two other hanged men.

One of the other two was the third man to hang this date, a fellow by the name of Ed Henderson. Henderson was an American prospector whose fate might be a bit less instructive for posterity. He suffered from a horrible bladder infection that caused him to pass bloody water every 15 or 20 minutes. “The tortures of the damned,” he described it to court. Wincing yet?

The fact that Henderson suffered from it meant his two prospector-mates suffered from it as well — call it purgatory-level suffering; a member of their party had to relieve himself constantly and thrashed about in his sleeping bag all night for the agony it caused him.

Their empathy for his situation was overturned along with Ed Henderson’s inside-the-tent piss-bowl one night. The drenched and vengeful Tomberg Peterson started an immediate brawl, but Henderson’s leaky plumbing didn’t impair his ability to shoot Peterson dead. Henderson himself reported the incident when the prospectors reached their destination, possibly thinking that no jury would convict him.

The trio comprises the first men hanged by the Yukon Territory, which was only separated from the Northwest Territory in 1898. In fact, there was a bizarre procedural deficiency for the Nantucks (but not for Henderson): they were condemned by the court of the wrong, former territory since word of the territories’ separation had not reached Dawson City at the time of the trial. Nobody saw fit to remedy this blunder, however.

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

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

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

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

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

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

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

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

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

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

On this day..