created. During the year between its creation and its becoming functional,
the Territory operated under the laws of the State of Deseret, as the Mormons
had called Utah. The legislature of the new territory adopted all the laws
of the old State, so it would seem that little change actually resulted. The
major factor which must be considered, however, is that at least in name, the
Church was no longer the governing body of the area. Non-Mormons could no
longer claim discrimination at the hands of a biased theocracy. (Hi1T, 1952)
In 1851, the first criminal code was also put into effect. This did not,
lowever, provide for the disposition of prisoners who were sentenced to.
death. In 1852, however, the legislature passed an act which provided for
the death penalty. It reads as follows:
When any person shall be convicted of any crime, the
punishment of which is death according to the provisions of
the act, and sentenced to die, said person shall suffer death
by being shot, hung, or beheaded, as the court may direct, or
the person so condemned shall have his option as to the manner
of his execution. (Stout, 1870)
The first use to which this act was put peeuerad in 1854, with the execution
of two Indians, Antelope and Longhair, for having massacred two white boys.
It was to be 1859 before a white man was put to death. This man was Thomas
H. Ferguson.
In the years since, 43 or 44 men have been executed. This may seem to
be an odd figure to state so indefinately, but there is a question as to the
number actually executed. There is a record of the execution of an unknown
man in 1862, however this execution is not mentioned in any of the local news-
papers for at least a three year period susroundine the supposed date of
execution. For this reason, there is doubt as to the accuracy of the record,
(Roe, 1973): For statistical purposes, however, the official figure of 44
will be used. The reader is referred to appendix B for those discriptive
(When the bullets hit) being strapped to the chair, all
they do is tense up and try to fight the straps a little bit.
You want to realize too that if you cut a chicken's head off he
is dead, but his nervous reaction is going to make him move around.
The same thing happens with a human body. They are dead that
quick (snap), their heart is destroyed, really destroyed. Some-
times the blood runs out the back quite strongly, other times
it does not. They bleed internally. (Joosten, 1972)
Hanging is a more difficult procedure to carry out, and is a good deal more
expensive than shooting. In the Mormon culture, there are also religious
reasons for selecting shooting rather than hanging as a method of execution.
These will be dealt with in the next section.
ee
eee
we ey
ee
—<
eer
—
10 : |
Bittle: ope ee
Statistics which are available. It should be noted that the religions of
the executed men and the population of the state broken down by religion were
- compared using multiple tests of the difference of proportions; the results
of this comparison indicated that significantly fewer Latter-day Saints were
executed than would be statistically expected and significantly more Catholics
and Protestants met their fate through execution. Significance was demonstrated
to be considerably greater than the .00] level for the L.D.S. and Catholic
populations, and greater than the .04 level for the Protestants (C.R of L.D.S. =
36.15, C.R of Catholics = 12.56, C.R of Protestants = 2.03.)* Only two of
the executed Catholics were Spanish American. Interpretation of this data
will be left to further investigation in light of the complexity of the
relevent variables which must be considered. It should be noted, however,
that constitutional objections to capital punishment because of its alleged
discriminatory nature underscore the need for this research to be completed
in as expeditious a fashion as possible.
The last execution took place in 1960. There have been seven men
sentenced to death since that time, however they have either had their
sentences commuted or are waiting in the judicial limbo imposed upon them
by the Supreme Court ruling declaring executions unconstitutional. Unti]
that matter is resolved through a procedure of test cases, it is unknown
whether there will be further executions in the state. The men involved
in this are currently in the Maximum Security facility at the Utah State
Prison.
‘Appreciation is due to: The Office of Business and Economic Research,
the Chancellory Office of the Roman Catholic Church, the Church Historians
Office of the Church of Jesus Christ of Latter-day Saints, and the United
Council of Churches for the data necessary in the computation of these
Statistics.
i
— ss
Se eee i ee
= —-
a?
Throughout Utah's history the physical locale of execution as determined
by law has been changed. Initially, as will be illustrated in the description
of the execution of John D. Lee, the condemned murderer was returned to the
scene of the crime for execution. Alterations to this procedure gradually
occurred. The first change had the condemned man returned to the county
where the crime occurred, rather than the actual scene of the crime. Later
this was again changed, and the execution was conducted at Utah State Prison
by the Sheriff of the county in which the crime oécurred. Finally, in 1961,
the responsibility for conducting executions was given to the Warden of the
Utah State Prison, on which premises the execution occurred.
As mentioned previously, the mode of execution in Utah is variable, the
en .
choice usually being left up to the condemned man. In the history of exe-
cutions in Utah, no one has chosen beheading as a method. Six men have
been hung, and 38 have been shot. Since shooting is the most common method,
it is of some interest as to how the process is carried out. The following
«
is an anecdotal description of execution by shooting as told by a retired
guard at the Utah State Prison. He has observed seven executions.
There is really not much to them when you take a man out
to be executed...The sheriff of the County handled the executions.
He furnished the squad, his deputies would take the man out to
the chair, his firing squad would be out of sight. There were five
guns, four of the five guns have bullets in them, the fifth gun
i is a blank. That is so they can all say they shot the blank, so
they would have no personal guilt about killing the man...When the
men are taken to the chair, in the majority of the cases | would
say they were rational and some of them were not hopped up. There
might have been one or two that had had narcotics to soothe their
nerves at the time... |
a i
The target was a bulls-eye over the man's heart about the
size of a silver dollar. It is placed on by the doctor. He takes
a stethescope, finds out where the man's heart is, places it over
the central spot and says ready. He steps off to one side and
they fire and then the doctor goes back, uses his stethescope to
find out for sure if the man is dead then he is pronounced dead.
Legally the doctor has to pronounce him dead.
western criminal.
i Joseph Hillstrom Executed: 19 November 1915
! Mr. Hillstrom was born in 1882, and was a Swedish immigrant of the
Lutheran faith. He was unmarried. He attempted to hold up Morrison's
grocery store, at 8th South and West Temple Street in Salt Lake City, at
which time he shot and killed the owner, J. G. Morrison, and his son, J.
Arling Morrison. He was executed by shoot lhe on 19 November 1915 at Utah
State Prison.
Howard DeWeese Executed: 24 May 1918
Mr. DeWeese was born in 1885 in Ohio. He was emaloyed as a salesman,
and at the time of his death was divorced. The crime for which he was
executed was the murder of his wife, and he killed her by beating her with
a flatiron twisted in a towel. He attempted to cover up his deed by claiming
that his wife was killed i two thieves who wanted her jewelry, and that
they had stolen 4 palt of diamond earrings belonging to her. These earrings
were later discovered in a safety deposit box in St. Louis under Mr. pawedse's
alias, Robbins, and figured greatly in his capture and conviction.
He had a history of criminal activities, and prided himself upon being
a master thief. At the time he was in Utah, he was an escaped convict from
a Seattle jail where he had been imprisoned on a charge of robbery. In
addition, he was addicted to morphine, and is described as having been
physically wrecked by the use of this drug. He never admitted having
murdered his wife, but went to his death in a sanquine fashion, after stating
"| don't consider the people who put me here (prison) intelligent enough or
good enough for me to live in the same world with them.'' Of himself he said:
"| don't reason the same as other people. I'm different, I've led a different
35
Charles Thiede Executed: 7 October 1896
Mr. Thiede was a brewer from Germany. He was a Lutheran, and had been
born in the year 1860. He operated a saloon and a small brewery in the
vicinity of Murray, Utah. According to an article in the Deseret News of
1 May 1894, he was an unsavory character with a long history of being in legal
difficulties. He is described as being an "'expugilist'' and the report in-
dicates that when he was drunk, he would physically abuse his wife. On the
evening of her death, screams were heard coming from their premises. It is
believed that he chased her outside when he killed her. Mr. Thiede called
the local doctor who arrived to find Mrs. Thiede lying in a pool of blood
with her head almost ecitletely severed from her body. Mr. Thiede also
called the S.L. City sheriff and requested him to come to their home. Thiede
is reported to have stood in his home quietly taking a drink while he informed
the sheriff 'Well, | killed my wife last night.'' Upon the sheriff responding
that he was to be put under arrest, Thiede denied having killed her. A
crowd of people had collected outside the home, and were loudly and angrily
demanding that Thiede be lynched. The sheriff managed to protect him. At
this point the prisoner became fomewhat violent, and was placed in restraints.
The murder was committed on 30 April 1894, and he was executed by hanging on
7 October 1896, in the old County Jail enclosure.
Patrick Coughlin Executed: 15 December 1896
Mr. Coughlin was a miner from Massachusetts. He had been born in
1874, and was unmarried at the time of his death. He also was unable to
read or write. He was convicted of the murder of ex-marshall Dawes of
Wyoming, and Constable Stagg of Echo. He was executed by shooting on 15
December 1896, near Woodruff, Rich County, Utah.
oe
J. J. Morris Executed: 30 April 1912
Mr. Morris was executed for the murder of Joseph Walter Axtell, near
Main Street, Salt Lake City, Utah, on 9 May 1911. He was a native of
Pennsylvania, and was born in 1868. He was executed by hanging on 30 April
1912 at the Utah State Prison.
Jules Zirmay Executed: 22 May 1912
Mr. Zirmay was found guilty of the murder of Thomas Karrick, a school-
boy, in his home on 12 October 1910. He was a machinist by profession, and
had been born in 1889. He was executed by shooting at the Utah State Prison
on 22 May 1912.
Harry Thorne Executed: 26 September 1912
Mr. Thorne was a cook by occupation, and was seventeen years of age
when he was received at Utah State Prison for the crime of murder. He and
his partner, Thomas Riley, were convicted of the murder of George W. Fassell,
a grocerman on 24 March 1910. He was executed by shooting on 26 September
1912 at Utah State Prison.
Thomas Ri ley Executed: 24 October 1912
Mr. Riley was the partner of Harry Thorne, and was also convicted of
the murder of George W. Fassel] on 24 March 1910. He was born in 1885,
and he was executed by shooting at Utah State Prison on 24 October 1912.
Frank Romero Executed: 20 February 1913
Mr. Romero was a laborer who had been born in Italy in 1885. He was
convicted of having murdered Albert Victor Jenkins at Sunnyside, Utah on
5 February 1911. He was executed by shooting at Utah State Prison on
20 February 1913. He is said to have murdered more men than any other
34 .
Peter Mortensen Executed: 20 November 1903
eee ted
.
He was executed for the murder of James R. Hay at Forrest Dale, the
murder having taken place on 16 December 1901. Mr. Mortenden a Utah native,
having been born in that state in 1864. He was an architect and carpenter
by trade. The murdered man was a neighbor of hist ona they were reported to
have been quite good friends. Mr. Mortensen proclaimed his innocence to the
end - through numerous court proceedings, and during a final statement to
reporters and friends, he continually affirmed that he had not committed the
murder with which he was charged. Just before his death, he issued a lengthy
statement to the press in which he singled out the officers who had been most
helpful to him during his imprisonment. He thanked his guards for their
kindness and consideration. The Deseret News of 20 November 1903 which
reported his statement indicated that during it one of the guards in particular
was moved to tears by the gratitude expressed by the condemned man.
Mr. Mortensen then made another impassioned statement of his innocence,
and requested that his wife and children be cared for after his death. He
then oave signatures to a guard and to the newspaper men who had requested
them. He was executed by shooting on 20 November, 1903, at Utah State Prison.
Of this, the News states that "justice had been vindicated,'' the logic of
which statement is up to the reader to judge.
Frank P. Rose Executed: 22 April 1904
Mr. Rose was tried and found guilty of the murder of his wife at Salt
Lake City, Utah. He was a barber by profession, and had been born in 1874
in Missouri. He was executed by shooting at the Utah State Prison on 22
April 1904.
33
References
Berger, W. E. Psychiatry, lawyers and courts.
Federal Probation. 1964, 3-10
Book of Mormon. Salt Lake City, Utah: Church of Jesus Christ of
Latter-day Saints, 1968.
Brooks, Juanita. The Mountain Meadows Massacre. ‘Norman, Oklahoma:
The University of Oklahoma Press, 1962.
Cameron, Norman. Role Concepts in behavioral pathology.
The American Journal of Sociology 1950, Vol. 55, 464-467.
Clark, James R. Messages of the First Presidency, Salt Lake City,
Utah: Bookcraft, 1965. .
Deseret News. Salt Lake City, Utah: 1850-1973.
Doctrine and Covenants. Salt Lake City, Utah: The Church of Jesus
Christ of Latter-day Saints, 1968.
Festinger, Leon. A Theory of Cognitive Dissonance. Evanston, I]linois:
Row Peterson, 1957.
Fowler, W.C. Personal Communication to Robert J. Howell.
15 October 1964.
Freud, Sigmund. Civilization and its Discontents. London: Hogarth
Press, 1930.
Gaudet, F. Sentencing behavior of judges. In V. C. Branham and S. B.
Kutasch's Encyclopedia of Criminology New York: Philosophical
Library, 1949.
Gerber, R. J. and McAnany, P. D. Contemporary Punishment. Notre Dame:
University of Notre Dame, 1972.
Gibbons, Don C. Crime and punishment: A study in social attitudes.
Social Forces 1969 Vol. 47, #4, 391-397
Grupp, Stanley E. Theories of Punishment. Bloomington: Indiana
University Press. 1971.
Hart, Harold H. Punishment: For and Against. New York City: Hart
Publishing Company, Inc., 1971.
Hill, James B. History of Utah State Prison, 1850 - 1952 Unpublished
Thesis, Brigham Young University, 1952.
75
there was rivalry among the employees, and because he held two jobs, he was
accused of being treated with favoritism. Friction was especially strong
between the defendent and Charles Marrifield, the murder victim. Rodgers stated
that Marrifield was particularly aggressive towards him, and threatened to
"beat him up.'' On the evening of the murder, Rodgers challenged Marrifield
with a gun, after which he came after Rodgers with a big wrench and Rodgers
shot him. Rodgers was executed by shooting at Utah State Prison on 30 March
1960.
52
Appendix B
Characteristics of Utah's Executed Murderers
Method of Execution
Hanging 6
Shooting 38
Religion
Baptist
Catholic
Episcopalian
Latter-day Saint
Lutheran
Methodist
None
Unknown
20
Marital Status
Common Law
Divorced
Married
Single
Wi dowed
Unknown
74
2]
Race
Caucasian
Indian
Negro
Spanish-American
Age.
18 - 20
£05 = 25
26 - 30
3122735
36 - 40
hl - 45
46 - 50
51 -
Unknown
39
10
Name
Antelope & Longhair
Thomas Ferguson
William Cockroft
Jason Luce
Unknown
Chauncy W. Millard
John D. Lee
Wallace Wilkerson
Fred Hopt
Enoch Davis
Charles Thiede
Patrick Coughlin
Peter Mortenson
Frank P. Rose
J. J. Morris
Jules Zirmay
Harry Thorne
Thomas Ri ley
Frank Romero
Joseph Hillstrom
Howard DeWeese
John Borrich
Steve Maslich
Nick Oblizalo
George Gardner
Omer R. Woods
George Allen
Pedro Cano
Ralph W. Seybolt
Edward McGowan
Delbert Green
John W. Deering
Donald Lawton Codit
Walter Robert Avery
Austin Cox
James J. Roed|l
Eliseo J. Mares
Ray Dempsey Gardner
Don Jesse Neal
Verne Alfred Braasch
Melvin LeRoy Sullivan
Barton K. Kirkham
James Rodgers
Appendix A
Date
of Crime
8/28/?
9/17/1859
6/1861
1862
1869
1880
4/30/94
12/16/01
5/9/11
10/12/10
3/24/10
3/24/10
2/5/11
2707
9/19
3/13/23
1/11/24
1/4/30
5/9/38
3/20/41
2/11/41
eel es
10/12/42
6/24 46
7/20/49
5/23/51
10/22/49
10/22/49
8/9/56
6/19/57
73
Date
Executed
9/15/1854
10/28/1859
9/21/1861
1862
1862
1869
3/23/77
5/15/78
8/11/87
9/14/92
10/7/96
12/15/96
11/20/03
5/22/04
4/30/12
5/22/12
9/26/12
10/24/12
2/20/13
11/19/15
5/24/18
12/20/20
1/20/22
6/9/22
8/31/23
1/18/24
2/20/25
5/15/25
1/15/26
2/5/26
7/10/36
10/31/38
7/30/42
2/5/43
6/19/44
7/13/45
9/10/51
9/28/51
7/1/55
5/11/56
5/11/56
6/7/58
3/30/60
EXECUTIONS IN THE STATE OF UTAI SINCE JANUARY 1, 1897
NAME: DATE COMMITTED TO PRISON DATE EXECUTED
Peter Mortensen GmiseO2 Lim20e03
Frank P. Rose 37/04 5-22-04
Harry Thorn 7-15-10 9-26-12
Thomas Riley 7-27-10 10-24-12
Julius Sirmay 3-14-11 5-22-12
J. JeeMorris 6-28-11 4-30-12
Frank, Romeo Lile22-1l1 2-20-13
Joseph Hillstrom 776-15 11-19-15
D.C. Robbius 4-13-18 5-24-18
John Borich Tti-7-19 12-19-19
Nick: Ohlrgalo G7 5—20 6-9-22
Steve Marlich 6-5-20 lm20= 22
George Gardner BaZo~22 8-31-23
George Allen Le29-24 2720725
Pedro Cano 7-15-23 5-15-25
Omer Woods 12-20-23 2 O26
Ralph Seybolt 4-22-24 1-15-26
Delbert Green 1-4-30 77-10-36
John Deering 5-9-38 10-31-38
Don L. Condit 3-20-41 7-30-42
ORobert Avervi-aa 2-11-41 2-4-43
Austin Cox 9-8-43 6-19-44
James Roedel 9~27-43 8-13-45
Elisio J. Mares 7-15-47 S= LO= 51
© Ray Dempsey Pye eerere a ise eal
Don Jesse Neal 10-16-51 f= Loo
Verne Alfred Braasc December 30,--19-49 May 1L-,-+1 956
Melvin L. Sullivan December 30, 1949 5-11-56
Barton K. Kirham 1-11-57 6-7-58
James W. Rodgers 12-20-57 37-31-60
oe : + See ne
Sullivan and Braasch—Feeling runs against them.
Trujillo thinks that he'll live.
Site 2 Be
Gardner—Found sane, sentenced to die.
bad
INSIDE DETECTIVE, DECEMBER, 1951,
No bills, no taxes, no cares.
Their home-is death row, their
future the firing squad
-
By Calvin C. Dewey.
@ THE MOST PAMPERED INMATES in Utah’s new Point of the Mountain
state prison are the men who live in the maximum security section, more
commonly known as the death house or death row.
UTAH GENERAL sa.
5 desperate men
Five of them: Braasch and Sullivan, Gardner, Truiillo and Mares— -
all were names in the headlines in years past. Now they. await the for-
mality of a firing squad, o: a hangman's noose. Ty Wiahpeonderm. cd men
‘are given a choice. ;
As with all men, the will to survive burns strong in these condemned
convicts. They are young—only one is much beyond boyhood. The net
of steel that closes them in is a constant affront to the life that surges
‘within them. Until each gasps a last quivering breath, until the rifles
crash and he slumps in death, he cannot let himself believe there is no
hope. He must pay for the terrible wrong he has done, bat until the
minute when he is led numbly to die, his heart cries out that it cannot
happen. He will be allowed to live. A reprieve will come.
Eliseo J. Mares, Jr., at 23 the dean of death row, is a husky young
man of average height. He has dark, wavy hair and his skin is pale from
long confinement. During his five years in a cell he has lost round after
round of his legal battle for survival. Twice a date was set for his execu-
tion, but both times a reprieve was granted. Then his appeal to the U. S.
“Supreme Court was denied, the pardons board refused to commute the
sentence and Eliseo Mares was scheduled to face the firing squad Sep-
tember 10, 1951.
“This waiting kills a guy,’ "he said to a guard with unconscious irony.
Mares was a skinny kid of 18 when he hitchhiked his way into death
row. Son of a deputy sheriff at Antonito, Colo., he was already married
and the father of a baby boy. ‘
"Why Not?"
It was on a June day when another young man, from Corning, O., was
buzzing across Wyoming on the Lincoln highway. He was happy, the
girl he was to marry was waiting for him in California. The scenery was
monotonous, the day hot. He saw a thumb wave and probably said to
himself, ““Why not?”
Jack D. Stallings offered the stranger a lift and never got to see the
girl who waited for him. His body, stripped of valuables, was found in
an irrigation ditch near Coalville, Utah. ;
Mares was. arrested driving Stallings’ car. He pleaded guilty but
claimed self defense. He said they had a few drinks while riding, a
quarrel started and the Ohio man attacked him. Relatives and friends
of the dead man testified this story could not be true, and a jury agreed.
Stallings was shot to death June 25, 1946. Mares was sentenced on
March 13, 1947 to die before the firing squad on August 4.
Mares has had no visitors for months, but is a quiet, well-behaved
prisoner. All of his appeals, denied by first the district court and then the
state supreme court, have gained him nothing but time. Only once dig
he break under the strain, and that was more than two years ago when
he cut through the bars of his cell with thread (Continued on page 10)
contact with them. It should also be noted that inasmuch as the Indians out-
numbered the Mormons by about four to one, maintaining friendly relations was
crucial to their existence in this area. In the event that edn flict was
to break out between the Saints and the United States, the allegiance of the
Indians could mean salvation. The Indians at the time were said to differ-
entiate between two classes of white people - Mormons and ''Mericats'" or
Americans. They interpreted the growing estrangement between the Saints and
the government as approval by their Mormon friends to harrass the Mericats.
The Indians who had followed the train since the outrages at Corn Creek
sent word to other bands of Indians for reinforcements. Lee stated that he
was told by Isaac Haight to send someone south to stir up the. Indians along
the route the train would be taking. After being apprised by Haight of the
deeds of the immigrants and the possible danger they would pose to other Mormon
Settlements, Lee sent his son-in-law south to bring back some more Indians.
Meanwhile some other Indians from Cedar City approached Lee and asked him to
lead them in their attack on the wagon train. He refused, telling them to
wait until the other indians had arrived from the south. They disobeyed his
instructions, and attacked the train, killing seven and wounding 16 others.
Their attack was, however, repuléed by the immigrants. They again approached
lee for leadership, and he attempted to dissuade them because he felt that
the immigrants had been suntshed enough. He stated that the Indians threatened
to kill him if he would not help them, and also to declare war on the Mormons
and destroy the settlements. He stated that at this point he was somewhat
helpless, as he was the ''only white man there with a wild and excited band of
Indians.'' (Lee, 1877). On that evening more Indians arrived, and the next
27
Ap E:
Smith, at the time of his martyrdom.
When they reached Corn Creek, the Wildcats began to evoke real hatred
from the local people. They are said to have poisoned a dead ox and a spring
of water while traveling through this area. Some Piede Indians were. traveling
on a visit to friends of the Pahvant tribe when they ate the poisoned meat.
Stories are confi leting ae to the outcome of this, but range from mere sick-
ness among the Indians to the death of 20 of their number. Cattle were
killed from drinking the poisoned water, and in at least one instance, crip-
pling injuries and death resulted from the attempts on the parts of the
settlers to salvage what they could from the dead animals. It should be
noted that there is some question as to whether or not the poisoning was
intentional, but the fact remains that the settlers believed it to be at
that time.
When the immigrants reached Beaver, Utah, there were some minor incidents
reported with Indians who were in the town and who had been at Corn Creek and
were aware of the incident just alluded to. Feelings ran so high that the or)
Bishop in Beaver requested the train to leave, as friendly relations with the
Indians were vital to the success of the settlements in that area. For this
same reason, he told the immigrants that the town would not offer them pro- ne
tection and that they would have to protect themselves as best they could. The
Bishop did, however, speak with the Indians and attempt to soothe them. He
also extracted an agreement from one of their chiefs that the train would be
allowed to proceed on its way, although it should be noted. that the Indians
followed the train after it left Beaver.
As the train proceeded through Utah, some of the settlements, for example,
Parowan, refused to permit the immigrants to enter the city walls, as their
25
Brigham Young was interrupted at a pioneer day celebration to be informed
that the army of the United States was marching on the Territory of Utah. Not
knowing the purpose of this military expedition, and with the memory of years
of savage persecution still fresh on their minds, the people of Utah were
prepared to stand firm against any attempts to once more dislodge them from
their homes. Accordingly, word was sent throughout the Territory for the
various units of the militia to mobilize and to be ready to march on a moment's
notice to defend their homes and families. The atmosphere of the times was
one frought with fear and determination not to withstand further persecutions.
One may only conjecture about the emotional state of the people. Communica-
tion was so poor at this time that the main source of knowledge concerning
the events of the day was rumor and word of mouth reports from occasional
eccucty There were no telegraphs, railroads, or pony express service.
There was not even mail service, as this had been stopped by government orders.
(Deseret News, 24 March 1877).
Into this emotionally charged atmosphere came several immigrant trains.
Two of them were to meet their destiny at Mountain Meadows. One of these |
trains was known as the Fancher Party. It consisted of 69 men, women and
children. Originating in Kpeansas . these people were well-to-do, and are
described as devout and proper in their actions. Unfortunately, they joined
forces with another group of immigrants who were traveling from Missouri. These
were rough and rowdy men who had styled themselves as the ''Missouri Wildcats."
Much of the persecution of the Latter-day Saints had taken place in Missouri,
and this group was quite vocal in proclaiming its hatred and scorn for the
Mormons. They bragged of their participation in the persecutions, and claimed
that they had the pistol that was used to shoot the Mormon Prophet, Joseph
24
reputation had preceded them. Some state that the immigrants were refused
the eioite to buy provisions, ahenewgh there is evidence that they were allowed
to buy what the settlers were able to spare, although whiskey would not be
sold to them. There is a record of an attempt to buy whiskey in Cedar City,
after the failure of which the immigrants shot up the town and resisted
arrest. Following this, they made camp three miles From town, tearing down
fences for fi rewood, turning their animals loose into fields to graze, which
resulted in the destruction of crops, and in general wreaking havoc and
angering the settlers. The settlers were not aware that the train consisted
of two parties, but thought they were all Missouri Wildcats. (Palmer, 1958).
At Mountain Meadows, the next destination of the immigrants, reaction to
the coming of the train ran high among the settlers. Meetings were held to
determine what was to be done. At one meeting, Isaac Haight gave an impassioned
Speech reminding all of the persecutions the Sainte had suffered, and of the
brutality of the Haun's Mill Massacre, a brutal murder of Mormon people in
Missouri. At this meeting, a resolution was passed to the effect that "we
e oWil] deal with this situation now, so that our hands will be Free to meet the
army when it comes.!! (Brooks, 1962). A discussion was held as to the meaning
of this resolution, and it was decided to send word to Brigham Young for
advice. James Haslam was selected to bring word of the problem to President
Young. This man rode over 600 miles in less than six days on the roundtrip
Involved here, but returned with the message from Brigham Young not to molest
the travelers after the damage had been done. It should be noted that John
0. Lee was not present at this meeting, but was sent for because it was felt
he might have some influence in restraining the Indians. He had been hired by
the government to teach the Indians how to farm, and therefore had considerable
26
conjecture, but one thing is certain - it is cases like this which pinpoint
the crying need for soclety to re-examine Its institutions. Either they can
stand the test of empirical validation, or they should be modified. Nothing
less would do justice to the rights of erring individuals to be rehabilitated
rather than to be ever more firmly entrenched In the quagmire of criminality.
Donald Lawton Condit Executed: 30 July 1942
Mr. Condit was born on 12 October 1916, and was married and a member
of the Catholic faith. His family background was an unhappy one, with his
mother allegedly dying when he was seven. His father remarried, and he lived
with them for one year prior to staying with an aunt, where he remained until
he was committed to the Preston School of industry when he was seventeen.
This was for auto theft, and Condit claimed that he was shielding an accomplice
but would take the blame because of his companion's impending marriage. He
was a clerk, and upon testing, he was found to be in the high average range
of intelligence on the Otis IQ test. He served for a time in the Marine
Corps, but was given a bad conduct discharge. Following this, he was convicted
of armed robbery in California, and served a term in San Quentin. |
After his release from San Quentin, Mine ‘Coneie stole an automobile and
drove to Las Vegas, Nevada, where he abandoned it. At this point he hitched
a ride with Harold Thorne, of Salt Lake City. Mr. Thorne was a salesman, and
Condit rode with him as he made various stops in towns between Las Vegas and
Cedar City. As they approached Cedar City, Condit pulled a gun and attempted
to rob Thorne, who restéied: During the scuffle which followed, according to
Condit, the gun was discharged, and a bullet went through Thorne's head. This
was not the probable cause of death, however. Death probably resulted form
42
dition, there was an involved history of 'insanity'' in his family. Despite
the evidence of doctors who testified for the defendent, and even with testi-
mony to the effect that his mentality was that of a boy of nine or ten, he was
adjudged sane. This was so because it was felt that if he was capable of
leaving the scene of the murder, he was sane and therefore competent to stand
trial. (it should be noted that Utah's standards for judging criminal insanity
have been refined since this time.) He was executed by shooting on 10 July
1936 at Utah State Prison.
John W. Deering | Executed: 31 October 1938
Mr. Deering was born on 14 September 1898, and was an Episcopalian. He
first entered an institution at the age of thirteen when he was adjudged to
be a dependent and neglected child. After five years in a reformatory, he
was released only to begin an existence marked by criminal activity and
almost constant incarceration. Indeed, one must wonder if he was not one of
those individuals who, having been deprived of normal Opportunities for
social maturation, did not know how to live except in either institutions or
the criminal subculture. The only record of his having worked was a short
stint in the MerdHant. Nartne. He spent considerable time in San Quentin,
and following his release from there ended up in Folsom Prison. It was
said that from his thirteenth birthday until his execution, he did not spend
more than three years outside of institutions. |
On 9 May 1938, Oliver L. Meridith Jr., the murder victim, left his
apartment in the Madsen Apartments, Salt Lake City, and went to his car with
the intention of placing it in the garage for the night. At this time it
was nine in the evening. Deering planned on stealing the car and using it
to commit a robbery. He entered the car after Meridith and announced that
it was a stick-up and demanded that the ignition be released. Meridith
0
a head wound caused when Condit pulled Thorne out of the car and crushed his
skull with a large rock. Condit then covered the body with brush and drove
off in Thorne's car, scattering his belongings from the automobile at various
places along the highway. He obtained gasoline through various subterfuges.
When he reached Salt Lake City, he drove through a traffic signal without
stopping for it, and was pursued by the police in a wild chase through
the city streets. When arrested, he was questioned about how he had
obtained the car, and although he at first lied, he finally confessed to
the murder of Thorne.
In a psychiatric evaluation given by David A. Young, M.D., it was
stated that Condit was mentally disturbed at the time of his marriage, and
probably was depressed and discouraged when he left California, and that
this mental state apparently contributed to some of his difficulties. It was
the doctor's diagnosis, however, that he had a psychopathic personality. and
that he was competent to stand trial and was not insane at the time of the
murder. He was executed by shooting 30 July 1942.
Walter Robert Avery Executed: 5 February 1943
Mr. Avery was born on 28 October 1908, and claimed affiliation with no
religion. On 11 February 1941 he attempted to rob a Safeway store in Ogden,
Utah, and in the process shot and killed Ogden City Police Officer Hoyt L.
Gates. Avery claimed that when he committed the murder he was under the
influence of ''dope'', which he describes as being a mixture of cocaine and
morphine. He was executed by shooting at Utah State Prison on 5 February 1943.
Austin Cox Executed: 19 June 1944
Mr. Cox was born on 14 July 1904, and was a member of the L.D.S. faith.
43
reached into his back pocket, at which time Deering struck him with a gun.
The impact caused the gun to discharge, and the bullet entered Meridith's body.
He died within an hour. After remaining in Salt Lake for a few days, Deering
went to Reno, Nevada, where he pawned the murder weapon. He then traveled
to Detroit where he was caught committing a robbery.
While being interrogated by the Detroit police on the robbery charge,
Deering confessed to the murder of Meridith. The Salt Lake City Police
Department was notified of this in July of 1938. Deering was brought to
trial, and requested swift justice. He refused counsel, but was forced to
be represented, and his original plea of guilty was not accepted by the
courts. Following the trial, the jury returned a verdict of guilty and did
not recommend mercy. Before his execution, Deering wrote an article on
disadvantaged youth. He stated ''Don't waste time on a criminal but stop
him before he gets that way,'' and made his final analysis of his life-
time of mistakes - "if | had my life to do over again | would take part in
Sunday School and church activities. Without a religious background a
child has. far more chance to go wrong. The world would be a sad place
were it not for religion.'' He was executed by shooting at Utah State Prison
on 31 October 1938.
When one reads a story like that of the life of John W. Deering, one
is brought face to face with the harsh realities of life in penal institutions
which were intended to serve a humane purpose. Surely the judge who committed
a neglected thirteen year old boy to a reformatory had no idea he was setting
the mold for a lifetime of antisocial behavior which was only to culminate
through the action of a firing squad. Surely this was not his intent. Any
attempts to guess what it was that led to this unhappy end would be mere
4]
MacNamara, Donel E. Y. Perspectives on Correction. New York: The Thomas
Y. Crawell Company, 1957.
Ohlin, Lloyd Modification of the criminal value system. In The Sociology
of Punishment and Corrections. New York: Russel Sage Foundation, 1956.
Paley, William. Principles of Moral and Political Philosophy.
Jordan, 1788.
Palmer, William R. Letter to Dabney Otis Collins of Denver, Colorado,
1958.
Peck, Reed, The Reed Peck Manuscript (1839) Salt Lake City, Utah:
Modern Microfilm Co.,
Ranulf, Svend. Moral Indignation and Middle Class Psychology.
New York: Schoken Books, 1964.
Rich, Russel R. Personal Communications, 197].
Rich, Russel R. Personal Communications, 1973.
Roberts, B.H. A Comprehensive History of the Church, Vol I - VI.
Salt Lake City, Utah: The Deseret News Press, 1930.
Roe, Allan. Personal Communication, 1973.
Roe, Allan. Sentences Draper, Utah: Utah State Prison, 1971.
Roe, Allan. The Motive to Punish. Unpublished Paper, 1972.
Roe, Allan and Payne, |. Reed. Differences in criminal punitiveness
between criminals, prison staff, and university students. Unpublished
paper, 1973.
Rusche, Georg, and Kirchheimer, Otto. Punishment and Social Structure.
New York: Russell and Russell, 1968.
Savitz, Leonard D. A study in capital punishment. Journal of Criminal Law,
Criminology, and Police Science. Vol. 49 #4, 1958 338-339.
Schwartz, B. The effect in Philadelphia of Pennsylvania's increased
penalties for rape and attempted rape. Journal of Criminal Law,
Criminology and Police Science, Dec. 1968, Vol. 59 #4, 509-515.
Schiest, Dale K. Comparisons of inmates and staff's judgements of the
severity of offenses. Journal of Research in Crime and Delinquency
Vol. 6, #1, Jan. 1969, 41-55.
Sellin, T. Capital punishment. Federal Probation. 1961, 3-11.
77
+!
gE RTE em ee
ER RE ag OE ee GEM ee tte
sue
Honderich, Ted. Punishment: The Supposed Justification. New York:
Harcourt, Brace, and World, 1969.
Howell, Robert J. Presidential Address, Utah Psychological Association,
30 October 1964.
Howell, Robert J. and Murdock, Maxine. Recidivism Report. Report #1
CRIME Grant, #S-72-F-3-1, 1972.
Hunter, Milton R. Brigham Young the Colonizer. Salt Lake City, Utah:
The Deseret News Press, 1940.
Inmate Records, Utah State Prison, Draper, Utah.
Johnson, E.H. Crime, Correction and Society. Homewood, Illinois: The
Dorsey Press, 1964.
Joosten, John. Unpublished interview with Clair Mulder. July, 1972.
Journal of Discourses. 26 Volumes. Liverpool, England: R.D. & S.W.
Richards, 1854-1886.
Journal of Wilford Woodruff. Located in LDS Church Historian's Office,
Salt Lake City, Utah: 29 September 1957.
Kant, Immanuel. The Philosophy of Law. Translated by W. Hastie,
Edinburgh, 1887.
Keeler, Joseph B. The Bishop's Court. Provo: The Skelton Publishing
Company, 1902.
Kelly, George A. The Psychology of Personal Constructs, Vol. 1 and ll.
New York: W.W. Norton and Company, Inc., 1955.
Koestler, Arthur. Reflections on Hanging. New York: The MacMillan
Company, 1957.
Korn, Richard R. Criminology and Penology. New York: Holt, Rinehart
and Winston, 1966.
Lee, John D. Mormonism Unveiled, St. Louis: Bryan, Brand and Co., 1877.
Lefkowitz, M.M., Walder, L.O., and Eron, L.D. Punishment, identification
and aggression. Merrill Palmer Quarterly. January 1963 Vol. 9 #1.
Lindman, F.T. and McIntyre, D.C. Jr. (Eds.) in The Mentally Disabled and
the Law. Chicago - The University of Chicago Press, 1961.
McGee, R.A. Capital punishment as seen by a correctional administrator.
Federal Probation, 1964, 11-16.
76
Smith, Joseph Fielding. Answers to Gospel Questions. Salt Lake City,
Utah: Deseret Book Company, 1957.
Smith, Joseph Fielding in Bruce McConkie's Doctrines of Salvation
Salt Lake City, Utah: 1954.
Stout, Hosea. Hosea Stout's Diary. B.Y.U. Library, Provo, Utah, to 1870.
State of Utah vs. Darrell Devere Poulson, Trial Transcript, 1961.
State of Utah vs. Rex A. Hintze, Trial Transcript, 1963.
Supreme Court Decision on Capital Punishment. 29 June, 1972.
Tittle, G. R. Crime rates and legal sanctions. Social Problems 1969
Vol. 16, #4, 409-413.
Utah Criminal Code - 1973
Utah State Prison Statistical Report. Draper, Utah: Utah State Prison,
1973.
Wilkins, Leslie T. Evaluation of Penal Measures. New York: Random
House, 1969.
78
EXECUTIONS IN THE STATE OF UTAH SINCE JANUARY 1, 18997
NAME
Peter Mortensen
Frank P. Rose
Harry Thorn
Thomas Riley
Julius Sirmay
J. J. Morris
Frank Romeo
Joseph Hillstrom
D. C. Robbius
John Borich
Nick Oblrzalo
Steve Marlich
George Gardner
George Allen
Pedro Cano
Omer Woods
Ralph Seybolt
) Delbert een
John Deering
Don L. Condit
ORobert re
Austin Cox
James Roedel
Elisio J. Mares.
© Ray Dempsey esarceere
Don Jesse Neal
Verne Alfred Braasch
Melvin L. Sullivan
OQ Barton K. Kichamieoo
James W. Rodgers
DATE COMMITTED TO PRISON
94S Bid
3-7-04
7-15-10
I~ a@in-10
3-14-11
6~ 28-11
£4~ 22-11
7-6=-15
4-13-18
li-7-19
6~5-20
6-520
S~ 25°22
gn 29-24
7=15=23
L2r20-23
4-22-24
L-4-30
5-938
3-20-41
2-11-41
9-8~43
9~ 27-43
15-47
42-16-49
err 56751
December 30, 1949
December 30, 1949
L~L1l+$7
Ler 2057
DATE EXECUTED
11-20-03
5-22-04
9~26~12
10-24-12
o~ 22712
4-30~12
er20rk3
ha he 1.5
5724-18
Lea 19
ec Saget aie,
20-22
Sr si%23
2-20-25
sah Si Coes? es)
} Saal cag §
Laie 2 6
1,03 6
ae 2a 38
T= 30%4 2
Qe ge 3
6-19-44
ornare €5
9-10-51
ooe 51
tia 5
May 11, 1956
5-11-56
S=7%58
ae31~60
MICHAEL D. E. CANNON THE STATE OF UTAH GEO. W. LATIMER
Chairman
exceutve secrete Division of Corrections J. DUFFY PALMER
Vice Chairman
BOARD OF PARDONS THOMAS R. HARRISON
ROOM 104, STATE CAPITOL Member
SALT LAKE CITY, UTAH 84114
November 22, 1974
Mr. Watt Espy, Jr.
P.O. Box 247
Headland, Alabama 36345
Dear Mr. Espy:
Enclosed is a copy of the name, date of commit-
ment to prison and the date the inmate was
executed.
Yours truly,
_ an ff
i} fi / // j
MICHAEL D. on CANNON
Executive Secretary
nd
ENCL:
A STUDY OF EXECUTIONS IN UTAH
by Jean Ann Walters
This may not be reproduced in any form without the written permission of
Psychological Resources, 725 West 120 North, Orem, Utah 84057.
© Copyright 1975 Psychological Resources
2h Soaitngaenccn aaa tee ea
RS Ate monte a
every ounce
a Mans
SEE
= 1S THE wHisky THAT MADE
MUCKY wHiskiEs FAMOUS
} 4
AND BOTTLED BY =
UY Ties DisTiLLERY COM
Covisvius. KENTUCKY
No wonder its
Kentuckys own
Favorite Straight
Bourbon Whisky
This Whisky Is 4 Years Old + 86 Proof
10 EARLY TIMES DISTILLERY CO. © LOUISVILLE 5, KENTUCKY
2
-
5 DESPERATE MEN continued
in an attempt to escape from the old
Sugarhouse prison. He might have made
it, but he had gained so much weight on
prison fare he could not climb the wall.
Guards who have known Mares for
years describe him as stolid and unemo-
tional, except for a rare outburst of
temper. He has never denied killing Stall-
ings, and his appeal to the nation’s high-
est court was based on the claim he was
held for ten days after arrest without
counsel and without notification of his
parents. They have exhausted every re-
source in their efforts to help him.
Joe Garcia Trujillo is a roly-poly,
cheerful little man, moon-faced, balding
and with dark, liquid eyes. He is waiting
to be sentenced again after the state su-
preme court denied his appeal. He can
still get a hearing before the pardons
board and keeps up an air of confidence
that he will never march that last mile.
Little Joe was drinking with 47-year-
old Max Lopez, Hiawatha coal miner,
one night in-May, 1948, and they fought.
The prosecution said Joe Trujillo
chased Lopez on the highway, forced his
car off the road and shot him as he
stepped out.
Never Makes Trouble
Trujillo was found guilty twice and sen-
tenced to death twice. He was escorted
to prison by Deputy Sheriff Joseph Dud-
ler, who, as superintendent of the state
highway patrol, has been running the
prison since a riot on May 20. The chub-
by Trujillo appears cheerful and has never
caused trouble. His wife still visits him
whenever possible and writes letters often.
Youngest of the five is Melvin Leroy
Sullivan, of Kansas City, Mo. He is 21,
but looks adolescent and scared. His hands
shake, he picks at his food indifferently
and even the medicine the prison doctor
gives him to quiet his nerves doesn’t seem
to help.
The blond, skinny Sullivan and 26-year-
old Vernon A. Braasch of Waterloo, Ia.,
were convicted together for the holdup
slaying of Howard Manzione, 21-year-old
filling station attendant. Testimony at the
trial showed both were from broken homes
and left school in their early teens.
The date of the murder was October
21, 1949. An appeal was denied by the
state supreme court March 25, 1951. At-
torneys petitioned for a rehearing, ‘but
the pair lost appeals both in the district
court and in the state supreme court. The
governor granted a reprieve so that their
case could be heard before the pardons
board, which refused to commute the sen-
tences. At this writing they face re-
sentencing. ; .
The one who has caused the most
trouble is Ray Dempsey Gardner, the
perverted sex killer. Officers say the 30-
year-old Gardner sits and broods most of
the time, then suddenly goes completely
wild. The last time he went berserk, four
guards were needed to get him back into
his cell. He was placed in a straitjacket
until he calmed down.
Of the five, Gardner should be the most
accustomed to confinement.
ere ee
Up to the
time of his conviction he had spent all but
18 months of the previous .eight years in
mental institutions, jails and penitentiaries
jn Indiana, Montana, North Dakota and
Wyoming. He entered an unsuccessful
plea of not guilty by reason of insanity at
his trial in Ogden, Utah, district court.
Gardner claims Columbus, O., as his
home, but the story which led him to
death row began in Augist, 1948, when
he was released from the Wyoming peni-
tentiary at Rawlins. He went to Denver
and, posing as Ray Powers, inspired the
confidence and trust of a merchant, who
.gave him a job and found him a place
to live. Three weeks later, Powers van-
ished with $600 worth of merchandise
stolen from his benefactor.
On July 21, 1949, Ogden and all of
Utah was shocked and outraged at the
brutal murder of 17-year-old Shirley Jean
Gretzinger, only child of Mrs. Lida Gret-
zinger, a widow. i
The girl’s nude and ravished body was
found in a field. A wad of toilet tissue was
stuffed in her throat and she had died of
strangulation. Her blouse~was wadded
up and forced into her mouth and her
brassiere was tied over her face. .
Lenore Rogers, also 17, later revealed
she had received a telephone call from a
man who said he was iooking for a baby
sitter. Not feeling well, she referred the
man to her friend, Shirley, who taught
Sunday School at a Mormon church in
Ogden and tended children to help the
family finances.
Gardner was arrested on a traffic charge
August 17. Womans’ clothing, marked
with the initials “S. H.” and newspapers
with baby sitter want ads marked. were
found in his car.
He confessed the murder of Miss Sue
Hom, 39, of Butte, Mont., on Septem-
ber 3, and a week later admitted he also
killed the Ogden girl, his third victim. The
first, he said; was an uniccstified cellmate
in a Jamestown, N. D., jail be strangled -
to death in 1941.
Gardner was sentenced tc die January
21, 1950. He filed an appea! the day he
arrived at prison. It was denied by the
second district court and the State supreme
court upheld the verdict April 29, 1951.
The five residents of death row lead a
Utopian existence, physically, with full
security against such menaces as bill col-
lectors, process servers and_ high-pres-
sure salesmen. The food is plain but
wholesome. Any aches or pains are taken
care of by the prison doctor—Braasch, for
example, has been fitted with dentures.
The chaplain, Father Moreton, visits them
on request, and can be seen in death row
an average of three times a week.
At first glance, the routine. cf death row
is surprisingly pleasant considering the
fact the men who live there have commit-
ted the most serious crime possible in the
eyes of the law. Later, the grinding mo-
notony, the strain of waiting, becomes ap-
parent. 2
The day starts early, and al! the days
are alike in this sterile, well-lighted and
air conditioned version of the medieval
dungeon. At 6 a.m., the steel door grinds
open and the officer on. duty walks in for
{
the morning count. He is cautious—the
most dangerous convicts in the prison, the
troublemakers, are confined in the maxi-
mum security section with the murderers.
Except for a casual “Good morning, Joe,”
or “How you feeling, Ray,” he doesn’t
have time for talk.
A single cell is furnished with a steel
bunk, mattress, blankets, a washbowl,
toilet, a chair, shelf and a small table. In-
dividual earphones allow the inmates to
listen at will to the prison radio, which
carries programs approved by the warden
and a committee of inmates. Sports
broadcasts, special programs such as
“Strike It Rich,” and a wide variety of
music, from hill-billy to symphony, can
be heard.
At 7:30, inmates assigned to the kitch-
en bring breakfast to death row. The
officer slides the trays under the cell doors
and the men push them out again ‘to be
picked up when they have finished. At
nine, the officer opens the cell doors and
they are free to roam in the runway for
exercise until 4 p.m., except for an hour
at noon when lunch is served.
During this period they can stand at
the windows and watch the activity in the
prison yard below, they can bathe (each
group of cells has a shower), they can
walk up and down or just sit. They are
allowed newspapers and can obtain candy,
smokes and magazines.
One or the other is always asking an
officer his legal opinion of a new brief to
be filed. Each of them has virtually
memorized the entire transcript of his
trial and has acquired an amazing amount
of information about similar cases, prece-.
dents which could have a bearing and
rulings by higher courts.
Talk Is Casual
Left to themselves, they play cards
most of the time. The talk is casual. As
if by mutual consent they never seem to ©
discuss their cases with each other.
They’ show an average amount of in-
terest in sports and current events, but
pay particular attention to changes in
state government, probably because of
the possible effect on their status.
None of the five talks about the past
—or the future, and none, according to
the officers, has ever expressed the slight-
est remorse or regret.
Four o’clock is lockup time and it’s back
into the six-by-eight cells for another 17
hours of solitude. If phantoms of con-
science disturb them during the long
nights, they can always pick up a book
and read by the lights in the corridor,
which are always on.
That’s the routine—eat, sleep, lie down,
get up, read, play cards, talk a little, and
hope. There is no work and only one
thing to worry about. The companionship,
though exclusive, can hardly be consid-
ered choice.
This. has been life for Elisio Mares for
some 2,000 days, the others for less.
Like others in confinement, the five
welcome any excuse to break the mo-
notony. Minor complaints, such as a
shoe not fitting, are magnified until they
become a critical issue in the mind of
the complainant. A slight illness assumes
R. J. Reynolds Tobacco Co.
Winston-Salem, N.C.
Whether you smoke a pipe or roll your own
+++ you’re missing a real smoking treat until you
get crimp cut Prince Albert.
P.A."s choice tobacco
is specially treated to
insure against tongue
bite... is rich tasting
and mild. It’s a favor-
ite with pipe smok-
ers, and men who
roll their own, too!
Process Patested July 30, 1907
THAN ANY OTHER TOBACCO
the proportions of a major catastrophe.
An idle remark, “Wonder who will win the
series this year?” is enough to spoil the
day by bringing home to each of the five
the fact that he may not be around long
enough to learn the answer.
Jokes about their plight are rare. None
of the five can view his own situation
with any semblance of humor. Occasion-
ally, one will blow off steam by raging,
shouting and calling one of his cellmates
names which would touch off a riot on the
outside. The anger has never reached the
fighting stage and Gardner is the only one
who has necessitated disciplinary action.
Death row celebrated last June. The
board of. pardons commuted the sentence
of twice-condemned 30-year-old Fred
Matteri, of San Francisco.
Matteri was convicted for the murder
of Dr. Levi Pierce Delk, a Salt Lake City
chiropodist, on April 29, 1949. His appeals
were denied by the district court and the
learned that
state supreme court, but his second pe-
tition for commutation proved success-
ful. ¥
Matteri, who bludgeoned Delk to death,
did not testify during his trial. In June,
he admitted for the first time that he did
commit the murder, and the board, after
hearing his story, reduced his sentence
to life imprisonment.
Mares, Gardner, Trujillo, Braasch or
Sullivan—any of the five could slash his
throat with a razor blade tonight. None
will, because whatever the odds, each feels
that since Matteri made it, he might also.
MARES EXECUTED!
As we go to press the editors have
the execution of Elisio
Mares, Jr. was carried out as scheduled,
on September 10, at Point Of The Moun-
tain, Utah.
and the wagon drivers killed the wounded, and all who were left of the train
were seventeen younger children who were taken to the Jacob Hamblin farm.
The militia and other white men had a special meeting in which they were
sworn to secrecy, and gave an oath to reveal the truth of the massacre to
no one, not even their wives and families. They were to swear that the whole
thing had been the doing of the Indians, who were at that time still engaged
in plundering and burning the wagons.
Following this, the letter arrived from Brigham Young which he had_
sent in answer to their questions as to how to deal with the immigrants.
President Young informed them not to meddle with the immigrants, but to try
and preserve good feelings. With the knowledge that they had gone against
his instructions, Lee and the other white men who had participated in the
massacre were now under special pressure to keep their part in the massacre
Secret. Lee was selected to report the fate of the train to Brigham our and
according. to the Journal of Wilford Woodruff (1857), he placed the blame on
the Indians.
The 17 young children of the party were taken into the homes of the
settlers, many of whom had participated in the massacre, and kept there until
arrangements could be made for them to be reunited with their relatives in
the east. The saving of these children was one of the factors which was to
bring the truth of the massacre to light - had it been solely Indians who
were involved, no children would have been spared. Other factors which con-
tributed to the truth coming out was the fact that some, such as Jacob
Hamblin's wife, had seen and heard much during the massacre. Through the
years, bits of information were uncovered - especially during a partial inves-
29
tigation by Judge Cradlebaugh, one of the federal judges in Utah.
Isaac Haight and John D. Lee were excommunicated from the L.D.S. Church
‘jin 1870, although Haight was reinstated four years later. !t should be noted
that Lee was like an adopted son to Brigham Young, and yet after Mountain
Meadows President Young not only cut him off from the Church, he also gave
express orders that no one would ever be permitted to perform Temple work for
him. This was, honored until the Presidency of David 0. McKay, during which time
new information was brought to light about the massacre which resulted in
President McKay having Lee's work done for him.
On 7 November 1874, Lee was visiting a part of his family in Panguitch,
Utah, at which time he was arrested. He was brought to trial in 1875, and
the result was a hung jury because of the attempts of the prosecution to
implicate Church leaders in the massacre. A second trial was held on
14 September 1876, before an all Mormon jury. Lee Fever denied his partici-
pation in the massacre, but did state that he was acting under orders as an
officer in the militia, and did everything in his power to save the immigrants.
Lee was found guilty, and his execution date was fixed at 23 March 1877.
He was returned to the scene of the crime for the execution, and was required
to sit on his coffin at. which time he was shot. (Rich, 1972)
The execution in question failed to silence any of the unanswered
questions which arise when this crime is considered. Why, of all the par-
ticipants of Mountain Meadow was John D. Lee alone required to forfiet his
life? Conjecture has it that beoauce he was so close to President Young, to
the degree that he may have been an adopted son, the only way the leader of
the Mormon Church could be exonerated, and the Church given credit for a sense
30
day 14 other white men arrived. A second attack was made upon the train,
and the Indians were again repulsed. Lee states that with the aid of some
other white men as interpretors, he persuaded the Indians to cease their
attack, although the next morning they violated their word.
Two members of the wagon train escaped and went to Cedar City for help
against the Indians. They were met by some white men, William C. Stewart and
Joel White, who did not give them a chance to explain because of their anger
at the outrages wrought by the immigrants and who shot them. One of the men,
William Aiden, was killed, while his companion, returned to the train and
reported that white men were in league with the Indians. As a result of this,
Lee realized that they were treading on dangerous ground, rfsking both the
vengeance of the Indians if they did not aid them, and the retribution of the
United States Government if the immigrants were allowed to live and report
that they had been attacked by a party of Indians in leage with the Mormons.
The decision was made to kill all of the immigrants who were ''old enough to
talk.''
Lee went to the wagon train under a flag of truce and stated that they
would have to give up their arms in order to pacify the Indians and in order
for the Mormons to protect them. They were told to put all the children under
eight or nine years of age into one wagon, and the wounded into another. The
women and older children were to walk behind, with members of the militia on
either side of the men, who followed the entire procession walking in file.
When the wagons were a considerable distance from the others, the command
was given to ''Halt: Do your duty!'' at which time the militia murdered the
men, and the Indians massacred the women and older children. John D. Lee
28
of justice, was for this execution to take place. It is interesting to note
that this very sentiment is expressed in a Deseret News article, dated 25
March 1877, when the writer states: ''The conviction of Lee by a Mormon jury
and his silent execution wilt be a receipt for Brigham Young for all time to
come as a receipt against the massacre of the Arkansas emigrants.''! Whether
or not this is valid reasoning is open to conjecture. It is true that Lee
went to his death without implicating Church authorities, but it is question-
able as to whether the execution of an individual for a group action is
necessary as the completion of the justification.*
Wallace Wilkerson Executed: 15 May 1878
Mr. Wilkerson was born in the year 1833 in Missouri. He was employed
as a stockman. He murdered another Stocker: named Baxter, on the shores of
Utah Lake. After a series of legal proceedings, including a reprieve by
Governor Emory, he was executed by shooting at the Provo County Jail Yard
on 15 May 1878.
Fred Hopt Executed: 11 August 1887
Seven years before the date of his execution, Mr. Hopt is said to have
murdered John F. Turner, son of the Utah County Sheriff. His execution was
by shooting, and was carried out on 11 August, 1887.
Enoch Davis Executed: 14 September 1892
Mr. Davis murdered his wife in 1892. He was a blacksmith by profession,
and was born in lowa. After a series of legal proceedings, he was executed
by shooting on 14 September 1892, at Dry Canyon, near Lehi, Utah County.
*Much of the information used in the preceding description of the Mountain
Meadows Massacre has come from the class lectures and notes of Professor
Russel R. Rich, Brigham Young University. The conclusions are my own.
31
this action he was placed in the dungeon before being returned to Death Row.
From that time on he again conducted himself in a satisfactory manner. He
was executed by shooting on 10 September 1951, and was the first man to be
executed at the new ''Point of the Mountain'! prison site.
Ray Dempsey Gardner Executed: 29 September 195]
Mr. Gardner was born on 4 October 1921, and was unmarried. His family
background was pathological, with his father having been killed in a gun battle
with police, and his mother having been incarcerated. He is said to have
committed almost 300 criminal offenses. He spent numerous terms in prison,
and during one of them, in Jamestown, North Dakota, he confessed to strangling
his cellmate. Death was officially reported as due to a heart attack, and he
was not prosecuted. While in Butte, Montana, he enticed Sue Horne, a 39 year
old cook, into accompanying him and then ''made improper advances'' towards
her. When she ran from the car, he shot her, and then assaulted her as she
lay dying. When he was certain she was dead, he covered her with her coat,
and covered that with loose rocks and drove away. It should be noted that
‘ twice in 1941 he was placed in mental hospitals. The murder for which he was
executed was that of Shirley Gretsinger, an Ogden baby sitter. He was
executed by shooting on 29 September 195].
Don Jesse Neal Executed: 1 July 1955
Neal was born on 7 November 1919, and was L.D.S.. He had a very unstable
i home structure in his childhood, and was abused by his parents. His family
background can best be described as pathological, and all his siblings
encountered legal difficulties during their lives. On 23 May 1951 he and a
companion, Wilma Tully, were being taken in for questioning on suspicion of
46
they were hitchhiking to Idaho to work in the potato fields. They were
offered a ride by Mrs. Abigail Williams, a school teacher from California.
They arrived at Vernal, Utah on 12 October 1942, and when Mrs. Williams was
out of the car the two men resolved to kill her for her automobile, a 1929
Ford sedan. When they left Vernal, Mrs. Williams attempted to get some sleep.
When they were near Ft. Duchesne, Utah, on Highway 40, Roed] killed her
with a common claw hammer. They then drove off onto the shoulder of the
road and pushed her body into a pit in the midst of high weeds and bushes.
Both men were tried for the crime, although Richie was given a life
sentence. Rodel felt that his having received the death sentence was unjust,
as he was epileptic, and had a history which Included a stint in an ''insane
asylum.'' He was executed by shooting on 13 July 1945.
Elisio J. Mares Executed: 10 September 195]
Mr. Mares was a mexican, and was born on 27 November 1926. He was
married, and was a member of the Catholic Church. He was born in Crowley,
Colorado, and his father was a night marshall and deputy sheriff. He was
described as being personable and intelligent. He was on leave from the
service at the time of the crime. He is said to have killed Jack Derwood
Stallings near Echo Canyon. The motive was intent to steal Mr. Stallings
car. Following the murder, the victim's body was placed under a bridge in
a ditch near Coalville, Utah, and was stripped of all identifying papers.
He was quite active in his agenda for the evening following the murder, and
ultimately went to Ogden where he cashed a Western Union Money Order payable
to Stallings.
Mares was described as a model prisoner on death row until he and
another inmate cut through some bars and made an attempt to escape. For
45
aie
auto theft by Salt Lake City Police Sergeant Owen T. Farley. The three
individuals involved sat in the front seat of the car on the way to the police
station, at which time Officer Farley was shot and killed. Neal always claimed
his innocence, stating that Ms. Tully had committed the murder. It is noted
in the records that this was somewhat controversial, as many people thought
him innocent. He was executed by shooting on 1 July 1955.
Verne Alfred Braasch : Executed: 11 May 1956
Mr. Braasch was born on 24 May 1928, and was married and a member of
the Catholic Church. He was a partner of Melvin LeRoy Sullivan, and was
also convicted of having murdered Howard Manzione. A psychological evaluation
given in 1956 indicated no evidence of psychiatric diseases. He was found
to be of average intelligence, and to be capable of participating in his own
defense. He describes a disrupted family, and states that he was an alcoholic
most of his life. He further states that at the time of the murder, he was
under severe emotional stress because of the disruption of his marriage.
He was executed by shooting on 11 May 1956.
Melvin LeRoy Sullivan Executed: 1 May 1956
Mr. Sullivan was a Catholic, and was born on 2 October 1930. He and his
partner, Verne Alfred Braasch, were convicted of the murder of Howard Manzione,
a Beaver service station man. The murder occurred on 22 October 1949, and was
during the course of the robbery. The victim was shot four times , twice by
each defendent.
A psychiatric evaluation given in 1956 indicated no evidence of serious
psychiatric illness. It indicated that he was of average intelligence, and
while anxiety was manifest, there were no serious psychiatric reactions to
47
On 19 February 1943 his wife, Wanda Mae Carter Fox received a divorce from her
husband. Mr. Cox' attorney, John C. Davis, stated that Cox did not appear for
the divorce hearing, but that an oral stipulation was presented delineating
the points agreed upon by the Coxes. He stated that several days after the
hearing he was approached by Cox who was irrational and felt that his enemies
had conspired against him to take his wife away from him in the divorce
proceedings. This is in addition to the statement of his ex-wife that they
had discussed getting a divorce, and that he had threatened to kill anyone
who participated in taking her away from him.
On 23 July 1943, Cox went to the home of Judge Lewis V. Trueman and
fired a shot through a rear window of the kitchen. This was about eleven-
thirty p.m., and Mrs. Trueman went to investigate. This awakened the Judge
who was asleep in an upstairs bedroom. He turned on a light sind) owen to the
window to discover what was wanted, at which time Cox shot him through the
head. Death was apparently instantaneous.
Three doctors testified that Cox was sane at the time of the murder.
He was a difficult prisoner because of his size and moodiness, and when he
knew he was to be executed determined he would not die alone. He sharpened
a spoon which he had stolen from his food tray on the cement walls until it
was usable as a weapon. He attacked and stabbed Lester Gogle, a guard,
although the wound was not serious. Tear gas was employed in order to subdue
him and the weapon was taken away from him. He was executed by shooting at
the Utah State Prison on 19 June 1944.
James J. Roedl Executed: 13 July 1945
Mr. Roed] was born on 13 November 1917, and was a member of the Catholic
faith. He and a friend, Leroy Edward Ritchie, were in Denver, Colorado, and
hy
approximately 120 men, women, and children - and indeed, the ultimate irony of
the event is that it was predicated upon misinformation and fear which combined
in a lethal fashion. Possibly of even more interest is the fact that the true
story of John D. Lee's crime, known as the Mountain Meadows Massacre, will
never be known. The information which has survived concerning this tragedy
is shrouded in shame and secrecy. An exariple of why the truth will never be
known is the following: A record of minutes was kept of a town meeting held
in Cedar City concerning the immigrant group which was later to be massacred.
Apparently quite extensive records were kept. According to the woman who
came into possession of this book, it contained the truth of who originated
the plans for the massacre. She kept it for years, unable to decide what to
do with it because of the possibilities it held ee eee the good names
of the descendents of those who had attended the meeting. One evening she
States that she was looking at the book as it sat on top of her fireplace
and went over to it and flung it into the flames - forever destroying the
damaging evidence contained therein. (Rich, 1973). While her actions may
have reduced discomfort for the descendents of those implicated, one cannot
help but be sickened at the loss of an opportunity to Finally find out the
truth of this Efe ea
In any event, the crime for which John D. Lee was executed was a complex
one. He was not the sole perpetrator of the deed - nor may he have been
solely responsible. The possibility of his having been a Scapegoat sacrificed
to expiate the sins of all those involved is a real one. Following will be
at attempt to delineate a historical consensus of what may have occurred:
In 1857 there was an uneasy peace existing between the United States of
America and adherents of the Latter-day Saint faith. On July 24th of that year,
23
that Judge Sinclair was very drunk when he sentenced Mr. Ferguson to hang. On
commenting on life in Utah, he stated that he had been well treated by all,
although he felt that blame was due to the governor for not commuting the
death sentence to life inprisonment.
Willaim Cockroft Executed: 21] September 1861
In June of 1861 Mr. Cockroft murdered Robert Brown. For this action
he was executed by shooting on 21 September 1861 in the County Court House
enclosure at Salt Lake City.
Jason Luce Executed: 1862
In 1862 Mr. Luce Murdered a friend on Main Street. For this offense he
was executed by shooting later that year.
v
Unknown Man Executed: 1862
This individual was shot in the County Jail Yard in 1862. There is no
record of who he was said to have murdered. A check of the newspapers of the
period reveals no mention of the execution which is why a question exists as
to whether or not it actually occurred.
_ Chauncy W. Millard | Executed: 1869
In 1869 he murdered a stranger who was riding in a wagon on the west side
of Utah Lake. It was said of him that '"'Hde killed for pleasure.'' Later that
same year he was executed by shooting at the Provo Jail Yard.
John Doyle Lee Executed: 23 March 1877
This is possibly the most colorful and the most researched murder and
execution in the history of Utah. It is involved with the massacre of
Ze
attorneys for the defense were A.W. Babbit and Hosea Stout. It is noted in
the records that evidence against the Indians was so overwhelming that there
was nothing upon which to build a real defense. After being confronted with
ntecenananegpestios nina ae:
the testimonies of the eyewitnesses, the defendants confessed. They were
sentenced to be hung.
The date of the execution was not announced, because the Territorial
Marshal feared trouble might occur. When the condemned men were seen under
escort by U.S. troups, under the command of Colonel Steptoe, however, a
number of people guessed the circumstances and the destination and followed
along. The execution occurred on 15 September 1854, two miles below the
Jordan River bridge, on the west bank of the river.
Thomas A. Ferguson Executed: 28 October 1859
Mr.Ferguson was from the East, and was a shoemaker by trade. He came
to Utah with the intent of setting up his own business. He was employed
a
by a man named Alex Carpenter. A dispute occurred in regard to wages which
Mr. Ferguson felt were due him. The situation was aggravated by his inebriated
condition, and under this influence he shot and killed his boss. This
Occurred on 17 Saptunber 1859. Although the defendant pleaded er gui lty'' . t
to the charges, he was found guilty by the jury and sentenced to be hung on ia
28 October 1859. On. this date he was taken outside the city wall to a bench
northeast of the city, in the vicinity oF the city cemetary, and was hanged.
At the time of his execution Mr. Ferguson made a lengthy speech in which
he discussed his feelings regarding the nature of his sentence. It should
be noted that he never admitted his guilt for his crime. He did, however,
geliver a scathing denunciation of Judge Sinclair, the Territorial judge who
pronounced sentence on him - he particularly expressed resentment of the fact
2]
Tn
Section Three
This section of the study will consist of a brief summary of the data
which is available at this time describing each of the murderers who have
been executed in Utah. Except where otherwise noted, the data has been ob-
tained from the records of the Utah State Prison, Draper, Utah.
Longhair and Antelope Executed: 15 September 1854
These men were part of a small band of Ute Indians from Juab County, Utah
In 1853 some actions had been taken 6n the part of the white settlers which
were deemed great wrongs By the Indians, and they swore among themselves to
exact vengeance if restitution was not forthcoming. A year later, their sense
of honor not having been satisfied, this group of Indians decided to revenge
themselves upon the first white men they saw. They were camped near Cedar
Valley, im Utah County, on 25 August 1854.
On this day, a farmer named Allen Weeks sent his two sons, William F.
and Warren D. Weeks, after a load of poles from the nearby canyon. The Indians
were lying in wait near the mouth of the canyon, and fell upon the brothers
and killed them. In addition to this, they scalped them and mutilated their
bodies. The bodies of the Weeks brothers were discovered by a searching party
later that night. The massacre had been witnessed by some Indians who :were
friendly to the white settlers. They went to them and ssaisted in the capture
of Longhair and Antelope, two of the Indians who had been most active in the
murder. This was done because the Indians who had observed the deed feared
retribution by the settlers if the guilty parties were not delivered up to
them to satisfy their need for justice.
The trial of Longhair and Antelope took place on 3] August 1854. The
20
Alemeda brought to justice. Cano further stated that at one point Miss Alemeda
visited him in prison and asked him not to implicate her. She stated that
she had one thousand dollars with which to bribe the judge, and that he would
soon be released from prison. He was executed by shooting on 15 May 1925 at
Utah State Prison.
Ralph W. Seybolt Executed: 15 January 1926
Mr. Seybolt was born in 1900, and was employed as a stenographer. He
was married at the time of his arrest, and was a member of the Methodist
Church. He was convicted of the murder of David H. Crowther, a Salt Lake
City Police Officer. After a series of legal machinations, he was executed
on 15 January, 1926, at which time he was shot.
Edward McGowan - Executed: 5 February 1926
Mr. McGowan is the only Negro to have been executed in the State of
Utah. Born in 1875, he was a Baptist, and had been married but was a widower
at the time of his crime. He was employed as a cook, and was said to be
illiterate. Mr. McGowan was visiting friends whom he had been acquainted
with for about a month, when he brandished a pistol and threatened to kill
the wife, Mrs. Suzie Bevins, and her two daughters if they did not have
intercourse with him. Bob Bevins, her husband, came into the bedroom at that
point, and McGowan show him in the abdomen. He permitted no-one to help
the wounded man, and he died the next day. He gave the gun to Edith Hatfield
and attempted to flee, but was apprehended at Soldier Summit. The murder
took place in Carbon County. He was executed by shooting at Utah State
Prison on 5 February 1926.
Delbert Green | Executed: 10 July 1936
Mr. Green was a welder by occupation. He was born on 5 May 1909, and
38
Omer R. Woods Executed: 18 January 1924
Mr. Woods was a lawyer by profession, and was born in 1876. He was a
member of the Lutheran Church. He was convicted of the murder of his wife
in an apartment at 5th East and 3rd South, Salt Lake City, Utah. Following
the murder, he attempted to hide his involvement by making it appear as
though they had been overpowered by someone. He laid his wife's body on the
bed, poured benzene over her, and set fire to her clothing. Then he took an
ironing cord and tied himself up in the bathroom. He was executed by shooting
at Utah State Prison on 18 January 1924.
George Allen | . Executed: 20 February 1925
Mr. Allen was executed under an alias. His true name was Harry Hett,
and he was born in 1905, in Wisconsin. He was unmarried, a laborer, and a
member of the Catholic Church. He had previously been committed to Utah
State Prison for the crime of attempted robbery. He was convicted of the
murder of a Salt Lake Police Sergeant Pierce, and was executed by shooting
on 20 February 1925. |
Pedro Cano Executed: 15 May 1925
Mr. Cano was a Mexican who had been born in 1893. He was a member of
the Catholic Church. At the time of his arraignment, he was involved in a
common law marriage with Refugia Alemeda. He was convicted of the murder of
June St Clair, at Park City, Utah. He told an involved story in which he
claimed innocence, and Slianed the murder on Refugia Alemeda. As he was un-
able to understand English, an interpretor was provided, whom he claimed was
involved in a conspiracy to protect Miss Alemeda and ensure his execution.
He claimed that the interpretor was living with Miss Alemeda at the time of
the trial, and to protect her misinterpreted the defendent's statements, and
turned them around so that he would seem guilty. He also acused the interpretor
of attempting to kill his (Cano's) mother because of her efforts to have Miss
37
was a member of the L.D.S. Church. He was executed for the murder of his
uncle, although he also killed his wife and mother-in-law.
On 4 January 1930 Green returned home after work to discover a note
from his wife stating that she had left him and gone to live with her family
in Layton, Utah. She left instructions as to the disposition of the
furniture and clothing. Following this, Green bought a knife with a long
blade on the pretense that he needed it for his.work. He then went to
another store, a second-hand one, and purchased a revolver. He drove to Layton
to his wife's family home. There he was told that his wife, her mother, and
a baby were in bed, and he was told to go into the bedroom. He was accompanied
by James Green, his uncle. While in the room he became convinced that his
uncle was trying to shoot him, and when his uncle arose from where he was
sitting, Delbert shot him with the revolver. His uncle ran out of doors and
stumbled down the road where he died. The ladies were awakened, and Delbert
turned and shot them. The baby was protected by the body of its mother, and
survived. Delbert then went outside and reloaded, after which he again shot
the women.
He attempted to commit suicide using the revolver, but it jammed and he
was unable to do so. He then turned to his knife, but rejected that method
as the blade did not seem sharp enough. He then got into his’ car and drove
to Ogden where he entered his home and went to sleep. He was arrested there
the following day. A plea of not guilty by virtue of insanity was entered
for Green. There was considerable data to substantiate this - including the
testimony of those who had seen him previous to his spree and who stated
that he appeared to be peculiar looking, and in a dangerous state. In ad-
39
life, I'm an exception." He was executed by shooting on 24 May 1918.
John Borrich Executed: 19 December 1919
Mr. Borrich was a Catholic immigrant from Austria, who had been born in
1886. He was an iron worker by.profession. He was convicted of the murder
of Mrs. Velma Adkins, at Tooele, Utah, in September of 1919. He was executed
by shooting at Utah State Prison on 19 December 1919.
Steve. Maslich Executed: 20 January 1922
Mr. Maslich was a miner, who had been born in 1886 and was a member of
the Catholic faith. With his partner, Nich Oblizalo, he murdered Marco Laus
east of the old State Prison in Sugarhouse. He was executed by shooting at
Utah State Prison on 20 January 1922.
Nick Oblizalo Executed: 9 June 1922
Mr. Oblizalo was the partner of Steve Maslich, and was also executed
for the murder of Marco Laus east of the old State Prison in Sugarhouse.
He was born in 1889 in Austria, and was a member of the L.D.S. faith. He
was employed as a miner. He was executed by shooting at Utah State Prison
on 9 June 1922.
George Gardner Executed: 3] August 1923
Mr. Gardner was born in 1886 in Utah. He was employed as a farmer and
an electrician, and was a member of the L.D.S. faith. He was convicted of
having murdered Police Officer Stewart, at Sandy, Utah. Originally scheduled
to be executed in May of 1923, he was granted a reprieve by Governor Mabey
after the report of the Board of Insanity. He was executed by shooting at
Utah State Prison on 31 August 1923.
36
out on Parole in nine months. They sent me back to Religion and character
on a out of State Parole. In other words, they sent me home. After
2 months such Religion and character building - | walked into this Grocery
store and shot those people in their brains. And in Utah a condemmed
man has a choice of Fireing Squad or hanging. 1 choose hanging Because
for 47 years aint.no body ever been hung in this state - Then again a guy
gotta have a lot of character to get hung in a state Prison. and lastly
ain't none of Katie's Folks ever been hung. on June 4, 1958, | think |
could have saved my life By telling the Utah Pardon Board | wanted to
live - if they had not granted my wish (to die) | would have hung
myself.
Doctor X Said ''l wanted to kill my Parents'' But, took it out on the people
| shot. After | shot those two people in august, 1956, | called the cops
and gave myself up. You see | got character.
Thus, on June 7, 1958, at sun Rise when | will be swinging in the breeze
with a peice of hemp about my neck, | will have all the character | have
ever had on display before the world. And i have suffered here on death
Row at Utah Prison ''Because'' the Mail Man allways brings me Religious and
character Building Mail from People | don't even know. Well | got one
more day to live and | don't think | will break down, ''Because'' I got
character.
Signed
Mr. Kirkham was executed by hanging at the Utah State Prison on 7
June 1958.
James W. Rodgers Executed: 30 March 1960
Mr. Rodgers was born on 3. August 1910, in Texas. He was unmarried, and
describes himself as Having. no religion. He was one of eleven children, and
ran away from home at the age of twelve due to conflict with his family -
especially his father. Except for a stint as a heavy duty operator on various
construction jobs, during which time he lived within the la, be pout much of
his life in conflict with society, and a good portion of his life was spent in.
institutions. The murder for which he was executed took place on 19 June 1957,
near the Rattlesnake Uranium Mine, San Juan County, Utah. Rodgers states that
51
a i
six years on death row.
It was mentioned that, although these points are unverified, the defendent
describes his family background as having been disrupted, and because of
friction with a stepmother, he went to live with his grandparents, from whom
he ran away on numerous occasions. He also states that he Spent three years
in the Navy, and although he went AWOL on several occasions, he still received
an honorable discharge. He also claims to have — an alcoholic from the age
of seventeen on. He was executed by shooting on 11 May 1956 at Utah State
Prison.
Barton K. Kirkham : Executed: 7 June 1958
Mr. Kirkham was born on 29 November 1936. He was single, and was a
member of the L.D.S. falth. He was convicted of the murder of Avon Fram of
Salt Lake City. This murder occurred while he was robbing a grocery store
in May of 1956; during the holdup he killed both a man and a woman. His parents
are prominent members of the L.D.S. Church, and his father was Frequently
away from home on business. Barton feels that his father's absences, coupled
with excessively rigid religiousity, and the concomitant restrictions placed
upon the children, contributed to his criminal end. He styles himself as having
been a good boy until he was 15 or 16, at which time he became quite rebellious.
A psychiatric evaluation indicates a psychopathic personality and the dis-
sociation of emotion connected with either crime or execution. He is described
by his social service worker as "'having no emotion about the deaths of the
two people he murdered.'' Rather than attempting to characterize Barton further,
the following autobiographical sketch is most effective in communicating the
pain and frustration of this young man. This was his Statement concerning the
crime:
48
and the Religious doctrines beating into my brain: Pounding into me and
there is no excape From it and sometime if | was not afraid to oppose
them, | would them. And when | was twelve years old | had grown
so sick of it That, | could kill or cry to end it But, a big Boy with
character can do neither one. And there is no excape ''Because'' The
very name Kirkham means character in this state. By the time in 1954,
when | was about sixteen | saw a chance to get away From all this character
and Religion. | joined the Air Force and was ''Forth With'' shipped to
england’. Now a lot of Guys hates the service ''But not me cause For
the First | was away from all that character and Religion and, For
the First time in my life | could Relax and think For myself, as, Religion
and character took a back seat. But not for Long. That - when | met
this english girl named Jill with light Brown hair and deep Hazel eyes,
Skinny, not Beautiful, But | loved the way she walked and talked and
when she smiled her Pug nose had a wrinkle in it. She was the only Girl
| have ever loved and she could lift me out of gloom of dispair ''Forth
with'' Because she could Blend with my perverse moods and would cause me
to smile and see through the cobwebbs of gloom that Religion had impaled
into my Brain. But character and Religion steped back into the picture
'when'', | wrote to my Folks telling about my plans to marry Katie and, From
the hints in my letters my Folks guessed correctly ''That'' Katie was not
a good girl according to standards set by the decent people. But |
insist Katie could not help if her parents was killed in the london Blitz -
Leaving her helpless to fend for herself sure, the state Raised her But no
state can teach a silly Girl to Fend for herself in the silent war that men
and women constantly wage. Thus, will Katie had come out a bad Girl
according to societys standards. She was a Good Girl for me ''and'' That
should be the main Factor In the silent war Between woman and man. Thus
when the male and woman declare a truce and get married, They should love
One another.
The letters started coming From home telling me how much character | had
been endowed and how much character Katie Lacked.
The letters From my Folks spoke about character, Religion, and decent
Folks, and before | could exsplain it all to Katy, The airforce shipped
me to a airforce Base near Pueblo Colorado.
Then my Folks came to the air Force Base and spoke of character and
Religious doctrines and when they left | took my airforce Pistol and
wen't out into the city of Pueblo Colorado. | stuck up a gas station
takeing one dollor and twenty nine cents, Then | kidnapped copla
people and made them.drive me around the city, Then | got out of the car
and called the cops. They sent me to the Colorado Reformatory and | got
50
Title Character
My name is Barton Kay Kirkham. | am 6 feet tall and weigh 200 pounds.
My hair is Hazel Brown, my eyes are Blue. My Foore head is Potrudeing.
My lips are thick, | am a stocky Build guy with thick short arms.
Two years ago | was eighteen. Two years ago on a hot night in August
1956. | went into this Grocery store and this man and woman was standing
behind the counter. | asked for a pack of smokes and when the guy
turned to get the clgarettes | drawed my gun. This Grocery Store guy
turned back to face me and saw the gun ''Then'' He gimme the money
quicklike - | turned to leave But, | had forgot something. | order
this Grocery store owner and the woman to lay down on the Floor "and'' They
Fell to the Floor and I turned to leave But, | had Forgot something. |
needed a Rope to tie them up ''Because'' | don't wan't them spilling their
guts on the witness stand, ''l just aint Risking my neck over a paltry
fifty dollors.
2
i knelt beside the man ''Then'' and lay the muzzle of the gun against the
Back of hls head. (He squirmed a little) | squezzed my finger on the
trigger. The gun spit fire. The Bullet plowed into his Brain. The air
went out of him leaving him airless like a sack of empty air. | moved
the muzzle of the gun over to the back of the womans head. (1 belfeve she
was about to scream) | squeezed my Finger on the gun trigger. The Bullet
Plowed into her Brain. Her scream ended In a gurgle of Blood as the
Blood replaced the air in her throat.
3
| haven't told you who these people were, or what city, or State they
Lived in, Have | attempted to describe their Features. What difference
would it make what they looked like. | did'nt plan to kill them. |
did'nt need the money. They was just two americans who Ran a grocery
Store and, it could have been you or, me, if a guy like me came into
your. store or my store, with a gun in his hand.
Title ''Characther'' Barton Kirkham as said to Isaac Boyd. Now my cue here
i is to blame somebody cause, | shot those people to death, well, lets see
| who can | blame? In the first place | can't blame a slum life for these
i killings ''Because'' | ain't From no slums Rather, The opposite is true.
| am a mormon guy born and Raised in Salt Lake City, Utah, my Folks are
; well known church people, - in Fact - my Dad Is a Geneologist and, often
; works for the church traceing Family lines. My Mother teaches music
yeah, she is a music teacher. Dad is a big muscular guy ~- while mother
is Rather large for a woman But, they both are big In one thing "Character"!
yes character. Since | was a little Boy that is all | have heard
"character, character, character, ''Son have character they would say ~
49
In Copyright - Educational Use Permitted