1903: Tom Horn

On this date in 1903, Tom Horn hanged in Cheyenne — a frontier legend lost in the post-frontier world.

Tom Horn passed the months between trial and execution braiding rope. Legend obviously holds that he made the noose that hanged him.

Horn‘s forty-three colorful years traced the waning days of the Wild West: he was a cavalry scout who helped capture Apache warrior Geronimo, a Pinkerton agent, a hired gun in the murderous Wyoming cattle wars. (He made a side trip to Florida during the Spanish-American War to organize Teddy Roosevelt’s supply train before the Battle of San Juan Hill.)

He had hunted many rustlers to their deaths, though he may have swung for a killing he didn’t do; the verdict against him in the murder of 14-year-old Willie Nickell is still hotly disputed to this day. It turned on a dubious liquor-induced “confession” as recorded by the lawmen who wanted to arrest him.

Horn’s death, to the hymn of “Life’s Railway to Heaven”, is a milestone in the passing of the frontier West; too, it was a milestone in a weird experimental cul-de-sac for modern America’s fascination with technological innovation on the scaffold. A contraption called the “Julian gallows,” named for the man who designed it, used the prisoner’s weight on the trap to open a water valve that filled a barrel that knocked over a post supporting the trap, causing the prisoner to eventually drop without any hangman’s hand on a lever.

A steady,* solitary man, Horn took it all in with equanimity. Maybe it was written: not for this rugged plains gunslinger to lurk on as a relic into the age of flight, cubism, trench warfare. Already in his lifetime the frontier had disappeared into kitsch.

Tom Horn lives on in Wyoming lore, and the tale has no greater curator than Wyoming’s Chip Carlson. Carlson manages www.tom-horn.com and is the author of Tom Horn: Blood on the Moon; he was good enough to chat with Executed Today about our day’s subject.

First things first — did Tom Horn actually do the crime for which he hanged?

Tom Horn was convicted because of social pressure (the fact that he represented the cattle barons) and the political ambitions of the prosecutor and presiding judge.

So what was different in Wyoming after Horn’s execution?

The cattle barons and other big business entities (e.g., mining barons, railroad barons, etc.) had much less influence on public affairs.

He seems like an almost self-consciously inscrutable character. What drove him?

He was a faithful and reliable employee, but seemed to thrive on adrenaline.

Was he just, at the end, a man who couldn’t change as his world changed around him?

Yes, he was out of date and out of the times.

Did people of his own time also see him as a part of the frontier West that was no more?

Yes.

How did you become so interested in Tom Horn? As the go-to expert on his life, what do you find draws others to him, and what sorts of lessons do people draw from his story?

He is the number one Name in Wyoming history, because of the controversies about whether he killed 14-year-old Willie Nickell (tom-horn.com page) and how his trial was conducted. (tom-horn.com page)

I had read every book published about him up till the time I started researching him, and when contrasting the various testimonies in the inquest with the trial, puzzled, how the hell could they have ever convicted him? All this is laid out in my book, Tom Horn: Blood on the Moon.

Two films about Tom Horn — Mr. Horn, starring David Carradine, and Tom Horn, starring Steve McQueen — were released within months of each other in 1979-80.

* His reported last words were coolly directed at one of his executioners who showed anxiety — “Ain’t losing your nerve, are you, Joe?”

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1903: Hilario Hidalgo and Francisco Renteria

Border-related violence and crime due to illegal immigration are critically important issues to the people of our state, to my Administration and to me, as your Governor and as a citizen.

Statement (pdf) by Arizona Gov. Jan Brewer on signing the anti-immigration law, which went into effect July 29, 2010

Some stories are just plain classics.

In February 1903, two Mexicans shot up Goddard Station stagecoach stop, for motivations that were never plain. (There was no robbery, but it might have been revenge.)

The shooters got away, but law enforcement soon enough decided that a couple of railroad workers on the Mexican side of the border matched their description, and contrived to lure them into Arizona where they could be arrested.

Hilario Hidalgo and Francisco Renteria, were put on trial for their lives in Prescott, Ariz., in June 1903, where they were doomed to hang on the strength of eyewitness testimony and thirty minutes of the jurymen’s time. Appeals forbidden, the sentence was executed on this date — not six months after the crime.

With feelings of profound regret and sorrow, I hereby invite you to attend and witness the private and decent and humane execution of two human beings, namely: Richard Roe and John Doe. Crime — Murder.

Said men will be executed on July 31, 1903 at 12 noon. You are expected to deport yourself in a respectful manner and any flippant or unseemly language or conduct on your part will not be allowed. Conduct on anyone’s part bordering on ribaldry and tending to mar the solemnity of the occasion will not be tolerated.

-Sheriff’s invitation to the hanging, quoted in Frontier Justice in the Wild West: Bungled, Bizarre, and Fascinating Executions

The men cracked wise at the reading of their death warrant — “I have heard that repeated so often that if it was a song I would sing it to you,” reported the Los Angeles Times (Aug. 1, 1903) — and with “perfect nerve” checked out, calling only “Adios! Adios!” from the scaffold.

It was the last hanging in Prescott, Ariz.

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1903: Arthur Alfred Lynch condemned

On this date in 1903, Irish MP Arthur Alfred Lynch waited 26 minutes for a jury to convict him, then heard the sentence of a British court for having fought against the British Empire in the Boer War.

[T]he jury have found you guilty of the crime of high treason, a crime happily so rare that in the present day a trial for treason seems to be almost an anachronism — a thing of the past. There can be no doubt that in times gone by there was great abuse, and many persons were indicted, convicted, and punished for matters which would not now be thought worthy of serious or, perhaps, any notice. There has been a kind of national reaction by which many persons have been disposed to treat serious crimes against the State as if the name of treason, and as if the thing, no longer existed. One moment of reflection will show you how erroneous is such a conception …

Yes, even if the black cap gave away the ending, the judge was going to take his time getting to it.

The misdeeds which have been done in this case, and which have brought you to the lamentable pass in which you stand, must surely convince the most sceptical and apathetic of the gravity and reality of the crime. What was your action in the darkest hour of your country’s fortunes, when she was engaged in the deadly struggle from which she has just emerged? You joined the ranks of your country’s foes. Born in Australia, a land which has nobly shown its devotion to its parent country, you have indeed taken a different course from that which was adopted by her sons. You have fought against your country, not with it. You have sought, as far as you could, to dethrone Great Britain from her place among the nations, to make her name a byword and a reproach, a synonym for weakness and irresolution. …

Even allowing that this sentence was pronounced before either of the coming century’s world wars, calling the Boer War to conquer South Africa for the crown England’s “darkest hour” only underscores how very long Britannia had stayed in the sun. Were the early shadows of empire’s twilight visible from here … or was it just standard issue judicial showboating?

[Y]ou thought it safe, no doubt, to lift the parricidal hand against your country. You thought she would shrink from the costly struggle wearied out by her gigantic efforts, and that, at the worst, a general peace would be made which would comprehend a general amnesty and cover up such acts as yours and save you from personal peril. You misjudged your country and failed to appreciate that though slow to enter into a quarrel, however slow to take up arms, it has yet been her wont that in the quarrel she shall bear herself so that the opposer may beware of her, and that she is seldom so dangerous to her enemies as when the hour of national calamity has raised the dormant energies of her people — knit together every nerve and fibre of the body politic and has made her sons determined to do all, to bear all, to sacrifice all on behalf of the country that gave them birth.

The only — I will not say excuse, but palliation that I can find for conduct like yours is that it has been for some years past the fashion to treat lightly matters of this kind, so that men have been perhaps encouraged to play with sedition and to toy with treason, wrapt in a certain proud consciousness of strength begotten of the deep-seated and well-founded conviction that the loyalty of her people is supreme, and true authority in this country has slumbered or has treated with contemptuous indifference speeches and acts of sedition.

There’s some relish here, the kind you’d hear if Antonin Scalia had an opportunity to pass sentence on Cynthia McKinney.

This ponderous bombast was the culmination of a highly-anticipated, highly-publicized trial of a man who had returned to London and arrest as an elected Irish parliamentarian after upholding the Boer cause in print throughout Europe, and enrolling an Irish unit in the fight.*


Col. Lynch’s Irish Brigade, from this South African military history page.

Incidentally, this is the same judge who sentenced Oscar Wilde for the love that dare not speak its name, intoning on that occasion that “people who can do these things must be dead to all senses of shame, and one cannot hope to produce any effect upon them.” (Mr. Justice Wills’ update of his father’s classic treatise on circumstantial evidence is available from Google books, as is Wanderings Among the High Alps, which he wrote in his capacity as mountaineering hobbyist.)

But had you and those with whom you associated yourself succeeded, what fatal mischief might have been done to … that inheritance of power which it must be our work to use nobly and for good things; an inheritance of influence which will be of little effect even for good unless backed by power, and of duty which cannot be effectually performed if our power be shattered and our influence impaired. He who has attempted to do his country such irreparable wrong must be prepared to submit to the sentence which it is now my duty to pronounce upon you … that you be taken hence to the place from which you came and from thence to a place of execution there to be hanged by the neck until you are dead.

For all this sound and fury, one would hardly know that it was generally and publicly understood the sentence would be swiftly commuted — as it was, a few days later.

Arthur Lynch received a free pardon in 1907, and in 1909 was returned to parliament as an Irish nationalist delegate to resume his remarkable career as writer, physician, engineer and all-around polymath.

* Lynch’s part in the war is included in The Boer Fight for Freedom, another century-old tome in the public domain and available on Google Books.

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1903: Emily Swann and John Gallagher, the Wombwell murderers

On this date in 1903, a 42-year-old mother of 11 was hanged side by side with her 30-year-old lover for murdering an abusive husband in the small South Yorkshire town of Wombwell.

That June, Emily Swann had shown her outgoing boarder and lover John Gallagher (together with some neighbors) the results of William Swann’s latest beating. John returned to the house and repaid the injuries in kind — and with interest.

After some minutes of fighting audible to the neighbors, Bill had been beaten to death.

Emily’s battered-wife situation might cut a lot more ice today, but by the jurisprudence of the day it was a fairly straightforward case, especially since all kinds of incriminating remarks were attributed by the neighbors to both Emily and John — “Give it to him, Johnnie, punch him to death,” for instance, and Gallagher’s own mid-bout respite at a neighbor’s house where he reported having broken four ribs with plans to break more. Both illustrated a level of intent among both parties beyond the heat of passion.

And you wouldn’t say the authorities were disposed to sympathize with Emily’s situation in general. They rather viewed her immorality — with John and otherwise — as the cause of the thrashings William gave her.

the wonder is that he has not killed her. He has frequently gone home after leaving work and found his wife drunk in the house and nothing prepared for him in the way of food. (case file comment, quoted here)

Fortified by a stiff drink of brandy, Emily Swann glided onto the platform at Leeds’ Armley Prison beside her already-trussed defender and delivered the somewhat famous greeting, “Good morning John.” Gallagher managed to return the salutation, and a few seconds before both were launched into eternity, she replied, “Good-bye. God bless you.”

It was an unusual exchange because the English execution protocol did not solicit remarks from the doomed prisoner, and in the occasional double hangings,* most participants were too frightened, awed or preoccupied to make small talk with their fellow-sufferers in the few seconds available.

* England would soon do away with double hangings altogether. Subsequent convicts to be hanged “together,” like Edith Thompson and Frederick Bywaters, were in fact executed simultaneously but at different prisons.

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1903: William Ennis, wife-murdering cop

On this date in 1903, a nine-year veteran of the Brooklyn police became the first member of the thin blue line to die in the electric chair.

Then 31-year-old William Ennis had gunned down his estranged wife (and, not fatally, his mother-in-law) early the preceding year, and his attempt to claim insanity at trial was rejected as shamming.

This slice of New York color is the second story in this New York Times column reporting the day after the crime.

While in a frenzy of rage, as a result of heavy drinking and brooding over family troubles, William H. Ennis, a policeman attached to the Adams Street Station, Brooklyn, early yesterday morning broke into the hime [sic] of Mrs. Alice Gorman, his mother-in-law, in Canarsie, wounded her seriously with a bullet from his revolver, and then shot and killed his wife, who was living there.

He then rushed from the house and ran along the railroad tracks to East New York, two miles distant, where he was found asleep in a room in a hotel by the police several hours later. …

Two weeks ago Mrs. Ennis had her husband in court on a charge of non-support, and he was ordered to pay her a weekly stipend. At that time Ennis declared that he would “rot in jail” before he would pay his wife any money unless she left her mother’s house and returned to live with him. …

Early on Saturday morning he reported sick at Adams Street Station and was excused from duty. It was learned that he came to Manhattan and in the evening was arrested at Forty-second Street and First Avenue for intoxication and disorderly conduct, but at the East Thirty-fifth Street Station was allowed to go when it was found that he was a policeman.

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